
    Elizabeth Mace versus Joseph Mace
    Where the respondent, in a libel for a divorce, is merely absent on a voyage, . with an expectation of returning, the Court will not proceed upon a notice in a newspaper.
    The libel in this case, which was for a divorce a vinculo, contain ing a suggestion, that the respondent was absent from the commonwealth, notice was ordered at the last term to be given by a publication of the libel, and order of notice in a newspaper.
    Upon the hearing it appeared that the respondent was an inhabitant of Newburyport, in this county, and a seaman by profession ; and that he was now absent on a voyage from which he was expected to return in the due course of the voyage.
   The Court

observed that this was not a proper proceeding. Such an absence was not sufficient to justify proceedings upon the libel, without personal notice, and the cause was continued for that purpose.  