The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-08-04
THEY WILL talk TO-DAY.
Mernbers of tho Bar. Association
listened to Reports Of Conn
mittses Yesterday.
Changes Recommended In tho
Codes 70 10 Discussed This
Morning.
side Towns-Persons and Obligations
for CensidcrAtion To-Day.

Tho Montana bar association. which il
>sssion In department. No. l Of the distric
sourt, spent the time yesterday in listening
30 the reports OF committees which were
made special orders for to-day, Thu fol-
lowing attorneys reported to tho secretar,
yesterday, in addition to those present or
Tuesday: 7. h. Brady. ]. A. Hoffman,
Great Falls; Theodore Brsntly, Deer Lodge
i. i. Goodman, Townsend; Max Water
man, White Sulphur Springs; w. F. Meyer,
Red Lodge; Judge George Il. Milburn, Miles
City, and Judge Dudley Du Bose, Fort
Benton. The proceedings promise to be
vory interesting to-day, when the members
will have an opportunity to present their
views upon the recommendations OF the
committees. At the morning session YES
tsrdav but little business was transacted.
President w. L. Cullen appointed the fol-
lowing committees to report tomorrow
morning: Code OF Civil Procedure-E. w.
.Toole, N, w. Mcdonnell, W. +. MYer. p.
ii. Leslie, Q. g. Newman. Penal Code-A.
G. Botkin. G. B. Nolan, ]. A. Walsh. Po-
litical Code-J. A. Hoffman, T. Z. Crutcher.
Il. j.. Walsh, r. G. Davies. Theodore
brantly, 7. E. Brady. Banquet-E. {.
Russell. c. G. Newman, A.. h. Nelson.
The association met again at three =. m.
whom Massena Billiard. chairman OF the
committee, presented the following report
from the committee on subdivisions of
persons. civil code. which was made q
special order for 10 q. m. to-day.
Your committee appointed to examine
and report upon division first of the pro-
S~-AoI ~s-S1 nnIn nnyNnrkfa1l roynrYk that svo
have given the matter referred to us ~
careful a n investigation As the time would
permit.
We recommend amendments and changes
40 follows:
l. That section 6 be amended by striking
between the words 'lunatics" and ''imbe-
ciles'' the word and" 10 that said section
shall reads AZ follows: Section 6. Persons
of unsound mind, within the meaning of
this code. are idiots, iunatics and imbe-
Giles. {
minor cannot give a delegation of power,
be stricken out. as We are of the opinion
that the validity of q delegation Of power
given by q minor should be determined in
the same manner - the VALIDITY OF 1 con-
veyance or contract made or entered into
by him.
8. That section 8 be amended so az to
read az follows: Section 8. A minor may
make q conveyance or other contract in the
same manner az any other person, subject
only 10 his power Of dissfirminanoe under
the provisions Of this patt. and to the pro-
visions of the title on marriage.
l. That section 10 be amended SO As to
read as follows Section 10. In all cases
other than those specified by sections II
and II the contract of q minor may, upon
restoring the consideration to the party
from whom it was received, be disafirmed
by the minor himself. either before his ma
Jority, or within one year thereafter, or IN
Representatives within that period.
5. That section IS be added to part l, as
follows: Sec. 14. A person judicially deter
mined to be of unsound mind may enforce
his rights by civil action or other legal pro-
ceedinRs in the same manner as a person of
sound mind except that a guardian must
conduct the same.
G. That subdivision 5 BE- added to SEQ
tion "a as follows:
5. In the cases provided for in subdivi-
sions 3 and 4 of this section malice is not
inferred from the communication or publ
cation.
Z. That sections 40 and 46 be transposed
and remembered accordingly.
IN. That section 70 be amended by in
sertlng in line 3 after the word injury the
words 20, the inhlosion of erievous mental
suffering"
O. 1n0S sectlOn ~ Do amended 80 az TO
read as follows: Sec. 80. Willful deser-
ton. willful neglect, or habltual intemper-
ance must continue for one year before
other il a ground for divorce.
$. That section 81 be stricken out.
10. That section 1,00l of the compiled
statutes Of Montana be substituted for Sec
tion Ill, 90 that said section Ill shall read
as follows: SEQ. Ill. No person shall be
entitled to a divorce in pursuance of the
provision of this article who has not re-
sided in this state one whole year previous
to filing his or her bill, unless the offence
or injury complained of was committed
within this state, or whilst one or both par
ties resided in this state.
II. That sections 112 n 100 be stricken
out.
II. That section 1913 be amended 80 as to
read as follows: Sec. 1913. No order for
alimony shall be made until notice of the
time and place of the hearing shall be
served upon the opposite party in cases
other cases the notice shall be served
in which the action is pending, after time
for appearance has expired.
Ii. That section 1873 be amended so as to
read as follows: Section 1873. Neither hus-
band nor wife has any interest in the prop
erty OF the other. except as mentioned in
the preceding section.
IA. That section 14O be amended 80 as to
read "a follows: Section 14O. AL the prop
erty OF the wife owned before her marriage
and that acquired afterwards is her prop
erty. The wife may, without the consent
OF her husband. convey her property or ex-
ecute q power of attorney for the convey
ance thereof, the ga me in all respects and
with like effect as Il single woman.
10. That section 14l be stricken out.
Is. That section AZ be stricken out.
II: That section 144 be amended 30 az to
read as follows: Section 144. The earn
ings and accumulations of the minor chill
dren living with the mother or in her Gus |
tody, while abe is living separate from her
husband. are the property of the wife.
10. That section l47 be amended 80 az
to read as follows: Section 147. The prop
erty OF the wife shall be exempt from all
debts end liabilities OF the
husband unless for necessary arti-
Giles procured for the use and benefit of
herself and her children under the age of
eighteen years. Bnt the property Of the
wife is liable for her own debts created be-
fore or after marriage.
10. That section 148 be stricken out and
the following substituted therefor: Section
14S. No estate is allowed the husband as
tenant by the courtesy upon the death of
his wife. nor Ia any estate 10 dover allotted
to the wife upon the death of her
husband. Dover and courtesy are abol-
ished.
20. The first division of the civil code pro.
yides for a dover in behalfo of the wife, and
the chapter on successions in the same
code provides that in case of the death of
the husband. If there be but one child, the
wife shall bave one-half interest in the
property, and if there bs more mar ono
child, she shall have one-third interest
hArAt II.