Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1870-04-20
Published March 26, 1901
CHAPTER 133-GFNFRAT.


can be sold separately without injury to the owner
and if the court shall find, then in that case the
judgment shall provide that the homestead shall
not be sold offered for sale until all other lands
covered by the mortgage and described in the com
plant in such action shall have been offered and
sold And if any portion ef the mortgaged prem
ises shall consist of homestead, such portion shall
not be offered for sale until all other lands covered
by the mortgage and described in the complaint in
the foreclosure action shall have been offered and
sold
Sec .. This act shall take effect from and after
Approved March 16, 1870.
Published April L. 1901
CHAPTER I23-GENFRAL.
TicH -e'..ifs tho guardianship of minors iI
certain cases.
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section 1. No marrled woman shall be disquali
fed by coverture to be appointed to act as gen
eral guardian OF her own children by former hus
band, and actions may be maintained upon any
bond of such guardian who has heretofore been an
pointed or who may hereafter be appointed guar
dian in the same manner and with the same effect
as upon the bonds of other guardians in proper
cases, whether such bond is given before or after
the passage of this act.
Sec. g. Every such guardian may prosecute and
defend, in all necessary actions, in her representa-
tive capacity, other guardians may, excepting in
cases in which her husband is a party adversely in
terested; and in such the Judge of the county
court of the county in which the action is brought
may, when necessary, appoint special guardian
for the minor minors interested, who shall give
a bond to such minor or minors, to be approved by
such judge conditional to faithfully represent the
interests of such minor or minors in the action,
and to settle his accounts as provided IN suo-di-
vision four of section eight of chapter hundred
and twelve of the revised statutes Of Wisconsin,
and such action shall be prosecuted defended in
the name OF the special guardian appointed or
in any proper case such action Iaay be prosecuted
by the next friend or defended by a guardian ad
n tba if said minor or min
had no general guardian.
Sec. g. This act shall take effect and be in force
from and after its passage and publication.
Approved March II, 1870.
Published April 4, 1901
CHAPTER Ifs-GENERAL.
AN ACT to submit to the people an amendment to
section eight tS) OF article one Q) of the consti-
tuition.
PREAMBLE.
WHEREAS, The legislature of this state, at its an
nual session fer the year 1869, proposed and
adopted, by vote of the majority of the mem
bers elected to each of the two houses, an amend
ment to the constitution of this state in the fol-
lowing language:
Res0JUed By the assembly, the senate cocurrig, That
section of article / OF the constitution of the
state of Wisconsin be amended so as to read as
follows: Section s. No person shall be held to
answer for criminal offense without due process
Of law. and no person for the same offense shah
be put twice in jeopardy of punishment, nor
shall be compelled in any criminal case to be a
witness against himself. All persons shall before
conviction, be bailable by sufficient sure les, ex-
cept for capital offenses when the proof is evi-
dent or the presumption great; and the privilege
of the writ Of habeaS corpus shall not be suspend
ed unless when, in cases of rebellion or invasion,
the public safety may require it. Approved
March 6, 1869; and
WHEREAS The foregoing proposed amendments to
the constitution of the state were duly ratified
and agreed to by the legislature of 1870, and ap-
proved; therefore,
Tho T,aOpIa of tho state of rnrreaanfad
in senate and assembly, do enact as follows
Section l. The foregoing proposed amendment
to the constitution of this state shall be submitted
to the people at gen raj election to be held on
Tuesday succeeding the first Monday of November,
1870 and if the people shall approve and raty said
amendment by majority of the electors voting
thereon, said amendment shall become part of
the constitution of this state
Sec g. The form of the ballot in voting to ap-
prove and ratify said amendment shall be against
the grand jury SYSTEM and against said proposed
amendm ent, Stfor the grand jury system,' which
shall be on separate ballot, and shall be deposited
in separate box to be provided for that purpose,
and all persons qualified to vote at any election in
this state shall be deemed voters this question
Sec. s. The votes cast approving and ratifying or
disappearing said amendments shall be counted
and returned by the inspectors of the election in all
respects votes for state officers counted and
returned, and the officers now designated by law to
the returns of votes for state officers shall
canvass the returns on this question: at the same
time and place and under the same regulations and
and declaring the returns of elections for state
officers.
Sec 4. Within three days after the detarmina-
ton of said canvass it sh all be the duty of the
vassers to certify the result of the said canvass
the governor, who shall thereupon, without delay,
make proclamation of the result.
Sec. 5. The secretary of state is hereby required
to include the substance of this act in the notice of
the general election for the year 1870.
Sec. s. This act shall take effect and be in force
from and after its passage and publication.
Approved March IT, 1870.
Published April 4, 1901
CHAPTER 12l-GENERAL.
AN ACT to amend section of chapter 81 of the
general laws of the state of Wisconsin [forl 1868,
en- tiled ''an act to amend subdivision of sec
ton one and to repeal subdivision 3 of section
of chapter go of the revised statutes, entitled of
real property by descent"
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section l. Section of chapter 81 of the general
laws of 1868, entitled san act to amend subdivision
OF section of chapter 90 of the revised statutes
and to repeal subdivision three of section l of
chapter 90 of the revised statutes entitled of real
property by descent, is hereby amended so as to
read as follows: Subdivision of section of
chapter 90 of the revised statutes is hereby amend
ed so as to read as follows: If he shall leave no
issue his estate, real and personal, shall descend
to his widow; if he shall leave no issue or widow
his estate shall descend to his parents if living and
if either shall not be living, the survivor shall in
herit his said estate. If a shall die leaving
to her husband, if she shall have one at the time
of her decease and if she shall leave surviving her
neither issue husband then her estate, real and
personal shall descend to her parents if living and
if either shall not be living, then the surviving pa
rent shall inherit her said estate.
Sec. 2. This act shall take effect and be in force
from and after its passage and publication.
Approved March 16 1870.
Published April 4, 1901
CHAPTER 140-GENERAL.
AN ACT in relation to dispositions
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section 1. No deposition which has been once
read the trial OF the cause in which the same
taken, shall be suppressed or excluded, when of
fered in evidence in the same cause on a re-trtal
thereof for any error rregularity or defect in the
manner of taking or returning the same, unless
such irregularity or defect shall have been made
the subject matter of objection at such former trial
or unless such irreguarity or defect shall not ap
pear upon the face OF such deposition, and shall
have been discovered since such former trial.
Sec. 2. This act shall take effect and be in force
from and after its passage and publication.
Approved March II, 1870.
Published April 4, IS70.l
CHAPTER 113-GENERAL.
AN ACT to appropriate to the soldiers orphans
home the sum OF forty thousand dollars.
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section l. There is hereby appropriated to the
treasury belonging to the general fund, not other
wise appropriated, the sum of forty thousand dol
lars, being payment in full for buildings repairs
and current expenses; and also the sum OF one
hundred dollars each to every soldiers orphan
whose father killed or died in the late war il
the volunteer service of this state who is supported
by charity in any part of the state: pr0Uided, tha
the same prerequisites which required for ad
mission into the soldiers orphans home shall asC
be required to entitle such orphan TO the benefit Of
this act and it shall be the duty of the mayor OF
president of any incorporated city or village OF
the chairman of the board of supervisors of any
town, to make out and furnish to the secretary OF
state the evidence and papers necessary to enitlt
each of said orphans TO such appropriation.
Sec 2, This act shall take effect and be in force
from and after its passage.
Approved March II, 1870.
Published April 1, 1901
CHAPTER 33g-GENERAL
AN ACT relating to the sale OF land OF minors by
guardians under an order OF court.
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section l. In ali cases where any lands of any
minor or minors have heretofore been sold or at
tempted to be sold by the guardian of such minol
or minors III pursuance of any order of any cOur