Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1909-07-14


Section g. There are created ninetesn
new sections Of the statutes to read: SEQ.
ton 23o1- marriage may be annulled Coz
any Of the following causes existing at ths
time of marriage.
l. Incurable physical impoteney or In.
| capacity of population, at the suit Of either
party provided that the party masking the
! application was ignorant Of such impotency
/ or incapacity at the time Of marriage.
= Consanguinity or affinity where tns
cousins computing by the rule Of civil law.
whether Of the half or Of the whole blood.
at the suit of either party but when any
such marriage shall not have been an
| nulled during the lifetime of the parties,
/ the validity thereof shall not be enquired
/ INTO after the death OF either patty.
3 When such marriage was contracted
| while either Of the parties thereto had a
husband or wife living. al the suit of either
| party.
| 4 Fraud. force. or coercion, at the suit
| Of the innocent and injured party. unless
| the marriage has been confirmed By the acts
| 3. Insanity. ldiocy, or such want Of I'M
! Outstanding as renders either party ncapa-
! Die of asserting to marriage at the SUE
! OF the c Ner, or at the suit Of a guardian
/ OF the lslnHtic or Incompetent. or of the
/ luuattc or incompetent on regaining reason,
/ unless such lunatic or incOmpetent after
| regainng reason, has confirmed the marri-
/ age provided that where the party compos
1 mentis Is the applicant, such party shall
| have been ignorant OF the others insanity
| or ments lncompetency at the time o. the
| m9rriageT and shall not have confirmed 1t
subsequent to such persons regaining rea-
! son.
6. At the suit Of the wife when she was
| under the age Of sixteen years at the time
/ of the marriage unless such marriage be
! confirmed by her alter arriving at such age.
Z. At the suit Of the husband when he
| was under the age of eighteen at the time
| OF the marriage unless such marriage be
confirmed by him after arriving at such
fSection 1858. Divorce shall be Of two
kinds
| TFvorca fror, -. bod. % -, -, 4.s,,o.-v,
or divorce vinculo matrimonii.
= Divorce from bed and board, or d.
vorce mensa ct thoro.
Section 1854. For the PURPOSES of an
nulment of marriage, jurisdiction may be
acquired by publica ton as provided in The
statutes, or by personal service upon the de-
PENDANT within this state, when either
party is a bona tde resident of this state
at the time OF the commencement Of the
action.
Section 1855. For purposes of divorce.
either absolute or from bed and board. juris-
dictlon may be acquired by publication as
provided in the statutes or by personal
! service upon the defendant within this
state, under the following conditions
l. When. at the time the cause of action
arose either party was bona fide resident
| OF this state, aud has continued so to be
| down 20 the time of the commencement of
the action, except that no action for abso-
lutte divorce shall be commenced for any
cause other than adultery or bigamy, unless
one OF the parties has been for the two
| years next preceding the commencement OF
the action bona fide resident of this state
J >. II, since the cause OF action arose,
either party, for at least two years next
| preceding the commencement of the action,
| has continued to be bona hde resident or
this state.
Section 1850. No decree for divorce shall
| be granted II 1t appears to the satisfaction
| Of the court that the suit has been brought
by collusion, or that the plaintiff has pro-
| cured or connived at the ofiense charged, or
| has condoned 1t, or has been guilty Of adul
terry not condoned; provided that the par
court stlpulate for division Of estate. for
| alimony, or for the support of children, in
case divorce be granted or marriage an
| nulled.
Section 236of Any one charged as
| partleeps criminis shall be made a party,
| upon his or her application to the court,
| subject to such terms and conditions az the
| court may prescribe.
Section 2360g. All hearings and trials to
determine whether or not a decree shall be
! granted shall be had before the court, and
not before a referee, or any other dele
| gated representative, and shall in all cases
be public
Section 236Oh. In each county of the
| state the circuit Judge or judges In and
for such county shall by order filed In the
office Of the clerk of the circuit court on or
before the first Monday OF July of each
year, appoint some reputable attorney, Of
recognized ability and standing at the bar.
divorce counsel for such county. Before en-
tering upon the discharge OF his duties,
such counsel shall take and Ole In the Office
OF the clerk OF the circuit court an oath
10 support the constitution of the United
states and OF the State OF Wisconsin and
| to faithfully, fearlessy, and impartially dis
charge the duties Of such office. The person
so appointed shall continue to act until his
successor Is appointed aud duly qualified,
but such counsel may be removed at any
time by al order signed by the judge or
judges vino appointed him and filed In the
Office Of ne clerk Of the circuit court of
such comfy. Provided that in any county
having a population Of two hundred and
nifty thousand or more according 60 the last
state or national census, there nall he no
appointment OF divorce-counsei, but the
district attorney or any assistant district
attorney shall be the dlvorce-counse there
of and perform all the duties " such office.
Section 2360h--1. In any action to affirm
| or annul q marriage, or for g divorce, the
plaintiff shall within ten days after making
service on the defendant serve q copy or
the summons and complaint upon the d.
vorce-oounsel Of the county In which the
action Ia begun.
Section 236Oh--2 No decree in an ac-
tiop to affirm or annual a marriage, or for
divorce, shall be granted In any action In
which the defendant shah not appear and
contest the right TO divorce In good faith.
| until such diYorce-couDsel or the divorce
counsel of the county In which the action
| is tried shall have appeared In opgn court
and on behalf Of the public made fair and
| impartial presentation OF the case to the
court and fully advised the court AZ 10 the
merits Of tho case and the rights and in
| terests of the parties and OF the public, nor
until the proposed findings and judgment
shall have been submitted to such divorce
| counsel.
Section 2se0h---3. Neither such divorce
counsel nor any law partner OF such d.
vorce- counsel shall appear In any action to
| affirm or snnul a marriage, or for divorce,
| In any court Of the county In which he shall
be acting as such dlvorce-counsel, except as
herein provided In case such divorce
| counsel or his partner shall be In any way
| interested ~ any such action, the presiding
| Judge shall appoint some reputable attorney
| TO perform the services enJolned upon such
| divorce counsel herein, and such attorney so
| appointed shall take and I'll the oath and
receive the compensation provided Tor here
| In.
Section 23e0h--A For each case In
which such divOrce-coupsel appears as pro-
vided herein, excepting counties having
| population OF two hundred and fifty thou.
| sand or more, he shah receive the sum Of
| ten dollars to be paid by the county where
In the action was tried uS3L the order or
the presiding Judge and the certificate of
the clerk Of the circuit couet; provided that
when any case shall occupg more han one
day Of the tine Of such divorce-counsel, the
court may, n its discretion, require the
parties to the action either OF them to
pay such additional sum to compensate such
| diQorce-counsel, as the justice VI the case
may require, having due regard 70 the
| financial ability Of such parties, which ad-
| ditional sum IN counties having a popula-
ton Of two hundred and fifty thousand or
more shall be paid In the treasury Of ths
county.
Section 23G0i No decree for annulment
| OF marriage or for divorce, 7'PIl be grant
| ed Ia any action In which the defendant
does not appear and defend the same In
| good faith unless the cause is shown by
| affirmative proof aside from any admission
to the plaintiff on the part OF the defend