The Superior times. [volume] (Superior, Wis.) 1870-1912, 1881-05-07

fuse to PEI form any duty required OF him BY this &C
any other law of this state in relation 10 the lev.
or collection of any tax required to be raised maxi
any payment Of principal or interest any loan
from the state any Of its trc funds tbs attorne,
general shall forthwith apply to sne Supreme Cour
Sor a mandamus to compel the performance of suci
duty, and the secretary Of state mxy do cause t.
be done the duty required Of such ohcer, and 81
neglected refused to be done. with the saAe eee
! as If done by him
section g. No money obtained by any town, village,
city or county, by loan from the state, or any Of ia
trust funds, shall be applied to or paid out Tor any
purpose except that specified in the application
therefor, without the consent Of the commissioners
of public lands and if any supervisor, chairman OF
any town or county board Of supervisors, mayor OF
any city, president of any village or treasurer OF
any town, county, city village, shall make or sign
any order warrant, shall pay out or suffer or
to be appropriated paid out any such moneys
contrary to the provisions of this section, ne shall
at hard labor IN the state prison. for term not ex-
ceedng five years, or by fine not exceeding one
thousand dollars, or by both such me and 1nprls-
| onment, in the discretion Of the court.
! Section 9. All loans which have heretofore been
made or may hereafter be made from any OF the
trust funds of the state to any school district town.
village, city county, may be extended for such
time and upon such terms as may be agreed upon by
and between the commissioners Of public lands ana
such district, town, yilge city or county; provided
however, that loan snail be extended upon which
there is any default in the payment of interest at the
time of making such spllicetion, nor to any period
beyond twenty years from its inception, nor at 8
rate of interest less than the minimum established
by Law.
Section TO- In every case when the county board OF
supervisors, town board Of supervisors, common
council of any city, village board of any village
is not specially authorized by law TO procure loans
and make appropriations for the purpose for which
| any such loan il required such county, town, city
or village shall before applying for such loan,
thorizs such application by vote OF majority OF the
legal voters of such county, town, city or village by
a majority of the legal voters voting said ques-
ton at q general special election. At least three
weeks notice Of the submitting OF said proposition
shall be given, in the same manner that notices or
special elections to fill vacancies in elective ofces
are REQUIRED to be given, before such vote, which
Ehall be by ballot, shall be taken; and said notice
| shall state the amount of the loan TO be aPpied
for and the purpose for which the same is to be ap
Section H. Subdivision Ave, of section two hun
dred and ffty-eight Of the revised statutes, re-
isting to the investment Of the trust funds, and all
and parts of acts authorizing loans TO citizens
of the state of the trust funds of the state, or
latng to the manner Of making such loans, are here
| by repealed.
Section r. All acts and parts Of acts contrayening
the provisions of this act are hereby repealed.
! Section Is. This act shall take effect and be IN
force from and after its passage and publication
Approved March q, 1881.
Published April 10, 1881
| CHAPTER 297.
| AN ACT to amend section two thousand three him.
dred and ffty-six of the revised statutes relating
10 divorce from the bond of matrimony.
The people of the state Of Wisconsin, represented in
senate and assembly, do enact follows:
Section l. Section two thousand three hundred
and ftysix of the revised statutes is hereby amend
ed by adding thereto the end thereof as the same
! now reads, the following: 6. When the husband or
wife shall have been insane for the space of five years
! Immediately preceding the commencement Of the
action, and the court shall be satisfied that such in
! sanity Is incurable.
Section 2. No divorce shall be granted for the
canse specified IN section of this unless the
plaintiff in such action for divorce shall have been
resident of this state for five years immediately pre-
cedng the commencement of such action. nor unless
1t shall appear atiirnatvey that the plaintiff has not
of ignf qlaTICG fla-.Y
IN any manner to the cause Of such insanity nor IN
less such ncurable insanity shall clearly be ascer-
tanned by the said husband or wife being inmate
OF state insane hospital Or asylum for at least two
years, or shall have been discharged from such hos
pital or asylum after such residence therein as in
durable, unless it shall be clearly established by
the testimony of at least two practcing physicians in
coed Standing who are informed of the facts and
competento testify to the mental condition of the
defendant in the action; provided that when such
alleged insane husband or wife is inmate of any
such asy lum hospital for the insane the testimony
of the superintendent thereof may be in lieu of that
of one OF such practicing physicians Provided fur
Their, that the court in which such action is pending
may, at any stage thereof before final Judgment in
addition to the proof bereinbefore specified appoint
commission of not less than two respectable prac-
dc1ng physicians, to be selected by the court on
account of their learning and fitness for this duty
who shall carefully examine such alleged incurable
insane person, and repor. under OATH to the court
their opinion respecting the incurability of such
alleged insane person. and such report shall be and
become part Of the record in the cause and the court
weight thereto as may seem right and proper.
Section 8. In every action for divorce, in pursu-
,nce OF the provisions of this act, the court may
any time after rendering judgment therein, revise
and alter such Judgment far as the custody, sup
port and maintenance of said insane person is con-
cerned, and may provide for such maintenance by
said plaintiff, out of any property or earning &C
Quired by said plaintiff, subsequently as well as pre-
! viously to said decree of divorce and the court
making such order or maintenance may, in its dis
creon, require the plaintiff to give security, to the
satisfaction of the court for the faithful execution
Of the same and the court may, in its discretion, as
condition Of granting such divorce, require the
husband when he is the plaintiff in such case, to
give bond in such penal SUN and with such sure
es as the court may order, to support and maintain
the defendant during her natural life.
Section 4. In all actions for divorce under the pro-
visions of this act, the summons and complaint shall
first be filed in the circuit court of the county in
which such action ID brought, and shall then be per-
sonally served upon the defendant in the action, If
within the Emitted States, and if such defendant be
inmate of any such asylum hospital other in
sututon for the care, custody or improvement Of
insane person, situate within the United States,
copy of such summons and complaint shall be
served upon the proprietor, manager supeTintcnd
ent thereof and if SUCH insane person have parent
parents adult children living within the United
States, copy of such summons and complaint shall
also be personally served upon each such parent or
adult child whose residence is known, or can, with
reasonable diligence, be aseertained: and if such
alleged insane person shall have parents or adult
child living within the United States whose residence
is known with reasonable diligence be ascer-
tanned, and shall have any kindred living within the
United States within TIE fourth degree, computed
according to the rules of the civil law, whose resi-
dence is known or with reasonable diligence be
ascertained, then copy of such summons and COM
paint shall be served upon at least two such relatives
to be selected by the court upon representation Of
| the facts TO such court or the presiding judge
thereof at chambers, most likely 10 that
proper defense is made by or on behalf Of said
defendant and in each and every case where service
is required TO be made any person persons the
summons and complaint shall be personally delivered
to each and every person hereinbefore required to
| q oh 1qy
be found and proof of such service may be made by
affidavit taken before any notary public, who shall
attach thereto his official seal, before commits
sicner of Wisconsin, clerk of court Of record;
provided, that when any such person SO served re-
sides out of the state of Wisconsin, default shall
be taken or proceedings had on the until forty
days after such service.
Section 5. Ia every under this act the court
shall APPOINT guardian ad Hbitum, who shall be a
respectable and competent attorney of such court,
not interested in the said cause the part of the
plaintiff who shall appear for the said defendant,
and diligently protect and care for the rights and in
teres OF said defendant in such cause and for such
services shall be paid such compensation the court
shall deem reasonable the same to be taxed against
and paid by the plaintiff. In any appearance is
made in such cause, byoron behalf of the defendant
by any parent, child relation, such guardian shall
be selected and appointed by the court upon due per-
sona notice to such person so appearing, Of not Jess
than ten days. and when there shall be such aIl-
pearance, such guardian shall be selected BIZ the
for the purposes aforesaid. Provided, however that
such guardian shall not be liable for costs in any
such action.
Section 6. This act shall take effect and bs in force
from and after its passage.
Approved april 2, 1881.
Published March 49, 1871
CHAPTER 149.
AN ACT to amend section seven hundred and sixty
two of the revised statutes, relating 20 the keeping
OF tract index by registers of deeds.
The people of the state of Wisconsin, represented In
senate and assembly, do enact as follows:
Section l. Section seven hundred and sixty-two Of
the revised statutes il hereby eended by adding to
said section at the end thereof the words, provided,
eha