The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1909-07-29

Section g. There are created nineteen
new sections Of the statutes to read Sec
tlon 23o1 marriage may be annuiled Tor
any Of the following canEes existing at the
time of Iua rrlage
L. Incurabe physical ,mpotency or In
capacity Of population, at the suit Of either
application was ignorant CT such lmpotency
or incapacity at the time Of marriage
no 2t,s Consangnnity Or affinity where the
cousins. computing by the rule of civil law,
whether OF the half or Of the whole blood,
at the suit of either party but wheo any
nulled during the lifetime of the parties,
the validity thereof shall not be enuuired
into after the death of either party
3, When such marriage was contracted
Whlle either OF the parties thereto had
husband or wife living. ct 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
OF the injured party.
D. Insanity, idiocy, or such want of IN
Outstanding as renders either party incapa-
bic OF asserting to marriage at the suit
OF the other. or at the suit Of q guardian
OF the lUnattc or incompetent, or Of the
lunatlc or incompetent on reganins reason,
unless such lunatic or incompetent. after
regaining reason, has confirmed the marri-
age; provided that where the party compOs
ments is the applicant, such party shall
nave been ignorant Of the others Insanity
marriage. and shall not have confirmed it
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 after 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
Section 1858, Divorce shall be Of two
kinds:
/. Divorce from the bonds Of rnatrimony,
or divorce vinculo matrmopii.
2. Divorce from bed and board, or di-
vorce e. nensa ct thoro.
Section 1884. For the purposes Of an
nulment of marriage jurisdiction may DO
statutes. or by personal service upon the de-
PENDANT within this state, when either
party is a bona 6de resident Of this state
at the time Of the commencement OF the
action.
Section 1885, For purposes Of divorce,
either absolute or from bed and board jurls-
diction may be acquired By publication as
provided In the statutes or by personal
service upon the defendant within this
state. under the following conditions:
1. When. at the time the cause Of action
arose, either party was bona fde resident
of this state and has continued SO to be
down to 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 higamy, unless
one of the parties has been for the two
years next preceding the coInrlen cement oe
the action bona ade resident of this state.
q II, since the cause Of action arose,
either party, for At least two years next
preceding the commencement OF the action,
has continued to De bona fide resident OF
this state.
Section 1890 No decree for divorce shall
be granted il it 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 offense charged, or
has condoned Il, or has been guilty OF adul-
terry not condoned provided that the par
ties may, subject TO the approval OF the
court. stipulate for division OF estate, for
alimony, or for the support CT children, in
case divorce be granted or marriage an
nulled.
Section 23eoe. ANY one charged as a
particeps crinlins shall be made o party,
upon his or her application to the court,
subject to such terms and conditions az the
court may prescribe.
Section 25e0g All hearings and trials to
determine whether or not decree shall be
granted shall be had before the court, exd
not before a referee, or any other dele
gated representative. and shall in I'll cases
be public
Section 238oh. In each county of the
state the circuit Judge or judges In and
for such county shall by order died 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 hDItILy anu Stunning 1L TIC p6Ey
divorce-ccunsel for such county. Before en-
tertng upon the discharge of his duties,
such counsel shall take and ile in the office
of the clerk OF the circuit court, an oath
to support the constitution OF thu United
States and Of the State Of Wisconsin and
to faithfully, fearlessiy, and impartially dis
charge the duties Of such Office. The person
SO appointed shall continue to act until his
successor Ia appointed and duly qualified,
but such counsel may be removed at any
time by an order signed by the judge or
judges who appointed him and fled IN the
office of the clerk Of the circuit court OF
such county. Provided that In any county
having q pcpuia ton Of two hundred and
fifty thousand or more according TO the last
state or national census, there shall b no
appointment Of aiyorce-cou1Sei, but the
district attorney or any assistant district
attorney shall be the diyorce-counsel there
of and perform all the duties Of such Office.
Section 2380h--i. In any action to affirm
or annui q marriage or tor q divorce the
plaintiff shalt within ten days after making
service on the defendant serve copy or
the summons and complaint upon the di-
vorce-counsal Of tho county IN which the
action Is begun.
Section 2366h--2 No DEGREES In an ac-
tion to affirm or annual marriage or for
divorce, shall DO granted In any action In
contest the right TO O divorce In good faith,
until such divcrce-counse or the divorce
counsel Of the county ln which the action
is tried shall have appeared In open court
and on behalf Of the public made fair and
impartial presenta ton Of the case to the
court and fully advised the court as to the
merits Of the case and the rights and in
terests of the parties and Of the public. nor
until the proposed dndngs and judgmenc
shall have beer submitted to such divorce
counsel.
Section 2se0h-a. Neither such divorce
counsel nor any law partner of such d.
vorce-counsel shall appear In /eny action TO
affirm or annul marriage, or for divorce,
In any court Of the county in which be shall
acting divorce c0QnSGt.
herein provided In case such divorce
counsel his partner shall be in any way
interested In any such action. the presiding
judge shall appoint some reputable attorney
to perform the services enjoined upon such
divorce counsel herein, and such attorney so
appointed shall take and file the oath and
receive the compensation provided for here
Section 2360h---4 For each case In
which such divOrce-counsel appears as pro
vided herein, excepting counties having
population OF two hundred and nfty thou
sand or more, he shall receive the sum OF
ten dollars to- be paid by the county where
In the action was tried upon the order OF
the presiding judge and the certificate or
the clerk Of the circuit court provided that
when any case shall occupy more than one
day of the time of such divorce-counsel the
court may, In its discretion, require the
parties to the action either of them to
pay such additional sum to compensate such
divorce counsel, as the justice OF the case
may require, having due regard to the
financial ability of such parties, which adj
ditional sum in counties having a popula-
ton Of two hundred and fifty thousand or
more shall be paid in ths treasury Of tha
county.
Section 2e6Oi. No decree for annulment
Of marriage, or for divorce. shall be grant
ed in 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
ant.