Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1877-05-02
LAWS OF WISCONSIN,
Published Marcn 26, 1911
CHAPTER 40


The people Of the state of Wisconsin, repres N ed
in senate and assembly, do enact as follows:
Section l. On the preliminary examination Of
every person char Led with the offense of rap, as
sault with intent to commit rape, seduction Il l.
terry, bastardy, or any offense against cha sl IT,
morality or decency it shall be in the d;scre,1 OF
bystanders and other persons not officers of
the court or otherwise required to be in attend
-enCe.
Section 2. This act shall take effect aud be In
force from and after its passage and publication.
Approved March g. 1877
Published March %, 1s77.l
CHAPTER $50.
AN ACT in relation to the release of dover in rea
estate by insane persons.
The people of the state of Wisconsin, represented
in senate and assembly. do enact as follows:
Section /. whenever any married man shall. by
petition duly verified by his oath. represent to the
circuit court of the county in which he resides that
his wife is insane and that he is the owner of real
estate in which his wife has an inchoate dover in
terest and that it would be for his interest TO
mortgage, convey otherwise dispose of any all
of said real estate or any interest therein, or
than he has mertgaged, conveyed or otherwise dis
posed of any such real estate interest therein
and praying for order authorizing the husband
or some other person to execute a deed deeds of
any os such real estate for said wife, relnquishing
the dover or homestead interest of such wife
therein. the court shall by order appoint some
certain time and place for the hearing of such
petition. not more than sixty and not less than
twenty days from the time of filing such petit
ton, a copy of which petition and order shall be
served on such wife and next of kim ifany, at least
twenty days before the time so appointed, and
shall also appoint some suitable and discreet
person to act as the guardian for such wife in
lation to said application and the matters therein
embraced upon whom copy of said petition and
order shall be personally served at least fifteen
days before the tine fixed for such hearing. 1t
shall be the duty of such guardian to ascertain as
TO the propriety, good faith and necessity of the
prayer of the petitioner being granted, and he
shall have power to resist said application and SUBJ
pona witnesses and take deposition to disprove the
allegations of said petition, to show the i'm
propriety of granting the prayer thereof.
Section 2. If any such wife shall not be Iesi-
dent of this state such order or petition shall be
served on her at least ninety days and on the
guardian SO appointed at least sixty days before
the time appointed for such hearing, and such
application shall be granted except upon hearing
and proofs produced in open court showing that
said wife is insane and the propriety, good faith
and necessity thereof, and that the same will be
for her benefit! and upon the hearing thereof
such court shall have the power and it shall be it
duty to require as condition of granting the
prayer thereof that such shall be secured tor
the use and benefit of said wife out of the estate
of such husband the proceeds of such real
estate condition and consideration for the re-
adjustment of such homestead dover right in
such manner as the court shall direct and pre-
scribe, as the court shall under all the circum
stances of the deem just and proper, regard
being had to the station and condition in life OF
the said husband and wife.
Section 3. Upon the hearing of said petition, If
the court shall oe satisfied that the is made
in good faith and the prayer of said petition ought
TO be granted, it shall make decree directing the
eculon of deed of relinqu shment to the proper
party or parties of such dover right, as the case
may be, and fixing the terms and conditions pur
suant to the act, upon compliance with which the
same shall be executed, and shall direct in such
event, said husband or such other person as the
court shall designate, to execute in the name of
such wife proper deed OF deeds OF r .
right of the wife in or to any lands 80 mortgaged,
sold er conveyed by such husband during her in
sanity, or in or to any lands he may desire to
mo SpU yVhI lh ia inca
specined and described in such decree,
Section 4. 1t shall be lawful and competent at
the hearing of such petition FOR such wife her
guardian to deny by answer any Or all of the ale
cations of said petition, and if demanded by her
her guardian the issue thereon shall be tried,
after being settled by the court, by jury in like
as in other and either party may ap.
peal from any decree made on such petition in like
manner and subject to the same conditions from
Judgments in civil actions. r.
Section 5. The court may before rendering
decree fer such REIMBURSEMENT of dover require
the said husband TO execute bond. with sufficient
sureties to such guardian in such sum as it shall
deem reasonable, conditioned for the support and
maintenance of such insane wife, and that If such
insane wife shall survive her said husband, then
that there shall be paid to her annually during her
life, for her sole use and benefit, such sum the
court shall deem just and reaso enable.
Section 6: All deeds OF REIMBURSEMENT executed
under and in pursuance of such decree, as herein
provided, shall be valid in law and shall convey
all the dover interest of such insane wife in and
to any and all cal estate sold and conveyed by
said husband during her insanity, and shall for
ever bar and preclude her from asserting any
claim for dover in or to the same and each and
every part thereof; but any power so granted for
the REIMBURSEMENT and barring her dover interest
therein shall cease and become void as
such wife shall become sane and of sound mind,
and shall apply to revoke said decree and said
decree shall be revoked but such revocation there
OF shall in wise affect any conveyance or re-
linquishment previously made Hereunder.
Section Z. If an real estate of an insane hus-
band shall be sold by his guardian by order of
court the wife of such insane husband may relin-
quish her dover in such real estate by separate
release conveyance.
Section g. All acts and parts of acts contraven-
ing the provisions of this act hereby repealed,
and this act shall take effect and be in force from
and after its passage and publication.
Approved March g. 1877.
Published March O. l877.1 .-.
CHAPTER 3uu.
AN ACT relating to attorneys and amendatory OF
chapter lS9 of the laws of Wisconsin for 1861,
titled : An act telating to the admission of atter
The people of the of Wisconsin, represented in
senate and assembly, do enact as follows:
lowing previso Propided that no person shall
be denied license under this on account OF
Section q This act shall take effect and be in force
from and after its passage and publication.
Approved March s, 1877.
IPuOli dH e MaEfh - p, 18Th
the Of free high schoos and and amend
atory of chapter 323 of the laws of 1875.
The people of the state of Wisconsin,
senate and assembly do enact follows
Section Chapter 33 of the laws of 1875 is hereby
amended by adplng thereto section numbered IL,
that shall cad as follows: Section H. Every free
nigh school heretofore organized and established in
this state, upon complying with the provisions of
said act SO far as applicable, making through the
secretary or other proper officer of the board of
hcers having the management and control of the
the superintendent of public instruction. be-
fore the tenth day of October in any year of such
facts relating to such high school said superin-
tendent shall require, which shall include the
Der of weeks such high school has been maintained
during the previous year, the whole amount ex-
pended for its support during such the amount
paid for instruction therein the number of pupils
attending the same, and also the average attend
ance, shall thereJpon be entitled to share in and to
have all the benefits and advantages conferred by
this chapter upon high SCHOOLS established under
this act and if such high school established
der this act has been maintained for least thir
teen weeks in such year. it shall be entitled to
Ce1ye from the state one half the amount actually
expended for instruction in said school, not how
ever, exceeding five hundred dollars in any one
year to any such high school or schools; provided
however, that in such high school district
Etains larger population than three thousand, to
be determined by the last national or state census
hundred dollars for each additional three thousand
such high school district shall be entitled to such
aid unless the appropriation expenditure for
such high school has been exclusive of the amounts
required to be expence ed for common school pur-
poses; and the superintendent Of public instruction
snail carefully examine such e and