Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1881-05-04

any city, president of any village or treasurer Of
any town, county, city village, shall make or sign
any order or warrant, shall pay cut suffer or
to be appropriated paid cut any such moneys
contrary to the provisions of this section, he SHALL
conviction thereof, be punished by confinement
at hard labor in the state prison, for term not ex-
ceeding five years, or by fns not exceeding one
thousand dollars, by both ouch nns and tmpris-
onment, in the discretion OF the court.
Section 8, Ali loans which have heretofore been
made may hereafter be made from any Of the
trust funds OF the state to any school district town,
village, city or county, may be extended for such
time and upon such terms rs may be agreed upon BY
and between the commissioners Of public lands and
such District town, village, city county; provided,
however, that loan shall be extended upon which
there is any default in the payment of interest at the
time of making such application, nor to any period
beyond twenty years from it's inception, nor at
rate of interest less than tbs minimum established
by law.
supervisors, town board Of supervisors, common
council Of any city, village board Of any village,
is not specially authorized by law to procure leans
and make appropriations for the purpose for which
any g1ch loan is required, such county, town, city
village shall, before applying for such loan, a-
thorize suoh application by vote Of majority Of the
legal voters Of such county, town. city or village sy
q majority Of the legal voters voting on said qnes-
ton at general or special election. At least three
weeks notice Of the submitting Of said proposition
shall be given, in the same manner that notices OF
special elections to fill vacancies In elective efhcee
required to be gvoa, before such vote, which
shall be by ballot, shall be taken; and said notice
shall state the amount Of the loan to be applied
for and the purpose for which the same is to De ap
propriated.
Section IL. Subdivision ave, of section two hun
bred and ffty-eght, Of the revised statutes, To-
aking to the investment Of the trust funds, and all
acts and parts OF acts authorizing loans to citizens
of the state Of the trust funds of the state
ating to the manner Of making such loans, are here
seeton Ia All acts and parts of acts contrayentnr
the provisions OF this act are hereby repealed.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 20. 1881.
Published April 10, 1881
CHAPTER 297
AN ACT to amend section two thousand three hun
dred and nftys1x OF the revised statues relating
to divorce from the bond Of matrinony
The people Of the etate Of Wisconsin represented in
senate and assembly, do enact as follows:
Section 1. Section two thousand three hundred
and fftysx of the revised statutes is hereby amend
ed by adding thereto at the end thereof as the same
now reads, the following: s. When the husband or
wife shall have been insane for the space Of five
Immediately preceding the commencement of the
action, and tue court shall be satisfied that such in
sanity is incurable.
Section 2. No divorce shall be granted for the
specified in section one Of this act unless the
plaintiff in such action for divorce shall have been a
resident Of this state for five years immediately pre-
ced1ng the commencement of such action, unless
it shall appear araGvely that the plaintiff has not
by reason OF neglect abuse otherwise, contributed
in any manner to the Of such insanity nor n-
less such incurable insanity shall clearly be ascer-
tanned by the said husband or wife being an inmate
Of state insane hospital asylum for at least two
years, shall have been discharged from such hos
pital or asylum after such residence therein az in
durable, nor unless it shall be clearly established by
the testimony Of at least two praccng physicians in
good standing, who informed Of the facts and
competent.o testify to the mental condition of the
defendant in the action: provided that when srch
alleged insane husband or wife is an inmate of any
such asS um or hospital for tine insane the testimony
of the superintendent thereof may be in lieu of that
Of one Of such praccing 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 hereinbefore specified appoint
commission OF not less than two respectable prac-
hcing 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 incurabilty of such
alleged insane person, and such report shall be and
become part OF the record in the cause and the
SHAH, upon the reception of such report, give such
weight thereto as may seem right and proper.
Section 3. IN every action for divorce in pursu-
Of the provisions of this act the court NAV at
my time after rendering Judgment therein, revise
and alter such judgment, SO far 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
qured by said plaintiff, subsequently well as pre-
Viousy to said decree Of divorce; and the court
making such order 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,
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
ties as the court may ORDER to support and maintain
the defendant during her natural ife
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 liz brought, and shall then be per-
sonally served upon the defendant in the action, il
within the United States and il such defendant be
an inmate of any such asylum, hospital or other in
stitutiou for the care, custody improvement of
insane person, situate within the United States, a
copy Of such summons and complaint shall be
served upon the proprietor, manager superintend
ent thereof, and if such insane person have parent
parents or 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, can with
reasonable diligence, be ascertained; and if such
alleged insane person shall have parents adult
child living within the United States whose residence
IL known or can with reasonable diligence be ascer-
tanned, and shall have any kindred living within the
United States within the fourth degree, computed
according to the rules Of the civil law, whose resi-
dence is known or can with reasonable diligence be
ascertalned, then copy OF such summons and COM
plant 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, as most likely 10 see that
proper defense is made by behalf of said
defendant and in each and every case where service
is required to be made on any person persons the
summons and complaint shall be personally delivered
to each and every person hereinbefore required to
be served with the same, wherever such person may
De 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, no default shall
be taken proceedings had on the until forty
days after such service.
Section 5. In every case under this act the court
shall APPOINT guardian ad ibitum, who shall be
respectable and competent attorney of such court,
not interested in the said the part of the
plaintiff, who shall appear for the said defendant,
and diligently protect and for tho rights and in
teress of said defendant in such cause and for
services shall be paid such compensation the court
shall deem reasonable the to be taxed against
and paid by the plaintiff. In any appearance is
made in ch,cause, byoron behalf Of the defendant
be selected and appointed by the court upon due per-
sonal notice to such person appearing, of not less
than ten days, and when there shall be such APP
pearance, such guardian shall be selected by the
court from the attorneys thereof in the and
for the purposes aforesaid. Provided however that
such guardian shan not be liable for costs in any
such action.
Section g. This act shall take effect and be ia forcs
from and after its passage.
Approved April 2. 1881.
Published April 9, 1851
CHAPTER 800.
AN ACT TO appropriate to the Wisconsin institution
for the education of the blind certain sums of
money for current expenses and special expenses.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows
Section ]. There is hereby appropriated TO the
Wisconsin institution for the education Of Hind