Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1911-08-04


and be in force from and after its pass
age and publication.
Approved July 5. 1911. Copy Law.
NO. s cAhTER s7s Pq hAMs o 5pyy si 1911
AN ACT To repeal section 45S7c Of the
statutes, and to re-enact section 45S7c
OF the statutes, relating to deseration
land nonsupport Of wives and children.
The people of the States of Wisconsin,
represented in Senate and Assembly,
90 enact as follows:
| Section l. Section 1870 of the stat
utes is repealed.
Section 2. There is added to the
statutes a new section to be designated
and to read Section 45S7c /. Any per-
son who shall, without just cause, de-
sert or W1lfuuy neglect or refuse to pro-
vide for the support and maintenance OF
tlIs Mile IN oestltute or necessitous cir
cunstances; or any person who shall,
without lawful excuse, desert or wilfully
neglect or refuse to provide for the sup
port and maintenance OF his or her legiti-
mate or 1Negitimate minor child or chill
| dren under the age Of sixteen years in
destitute or neceSsitous circum stances,
shall be guilty of a crime, and, on con-
vlction thereof, shall be punished bv fine
not exceeding five hundred dollars or i'm
prisonment in the state prison, county
| jail or in the county workhouse not ex-
ceetiing two years, or both, in the dis
creuOn Of the court. And it is hereby
made the duty Of the parent of any IL
| legitimate child or children, under tho
| age OF sixteen years, to provide for tho
support and maintenance Of such illegiti-
mate child or children. Provided, that the
| parent Of any illegitimate child who shall
have made provision for the support Of
such child by giving bond, or by settle
ance with the provisions OF chapter 81 of
| tn eStatutes, shall not be subject to the
provisions of this act.
2, Proceedings under this act may be
nGTffnjn1 onr1oToI 10 tint do ,,oya
oath or affirmation by the wife or child
or children, or either of them, or by any
other person or persons, or organization,
against any person guilty Of either Of the
above named offenses
j. At any time before trial, upon pc
| tttiOn Of the complainant and upon notice
| to the defendant, the court, or a judge
| thereof in vacation, may enter such tenn
| porary order as may seem Just, providing
for support of the deserted wife or chill
| dren, or both, pendents lite, and may
punish for violation of such order as for
| contempt.
| 4 Before the trial, with the consent Of
I the defendant, or at the trial, on entry of
| a plea Of guilty, or after conviction, in
stead Of imposing the penalty hereinbe-
| fore provided or in addition thereto, the
! court in it's discretion, having regard to
! the circumstances, and to the financial
ability or earning capacity Of the defen-
dant, shall have the power to make an
| order, which shall be subject to change
| by the court from time to time, as cir
! substances may require, directing the
! defendant to pay certain sum weekly,
| for a period not exceeding two years, to
! the wife or to the guardian, curator or
! custodian of the said minor child or chill
| dren, or to an organization or individual
approved by the court as trustee; anu
! shall also have the power to release the
defendant from custody on probation for
the period so fixed, upon his or her en-
| tering into a reCOgnizanCe, with or with
| out surety, in such sum as the court or q
| indigo thereof in vacation. NAV order ana
approve. The condition of the recog-
! nizance shall be such that If the defen-
dants shall make his or her personal ap-
| pearance IN court whenever ordered to
| do so, and shall farther comply with the
| terms Of such order Of support, or If any
subsequent modification thereof, then such
recOgniZ ance shall be void, otherwise or
! full force and effect
s. If the court be satisfied by inform
! alton and due proof under cath, that at
| any time during said period of two years
| the defendant has violated the term OF
| such order, it may forthwith proceed with
| the trial Of the defendant under the orig
! ina1 charge, or sentence him or her I'M
der the original conviction, enforce the
suspended sentence, as the case may be-
| In case Of forfeiture Of recOgnizance, and
| enforcement thereof by execution, the sum
recovered may, in the discretion of the
| court be paid, in whole or in part, to tho
| wife, or to the guardian, curator, cust0-
di2n or trustees of the said minor child or
! children.
6. No other or greater evidence shall
be required to prove the marriage Of such
husband and WIFE Or that the }o def SId mt
! children whether legitimate or illeSitl-
mate, than is or shall ;,I be o required to
| prosecution under this act shall any Elk
listing statute or rule of law prohibtting
| lions between husband and wife apply
and both husband and wife shan be e e4 foa
! tify against each other to any and all
relevant matters incladng the fact ia s q
| child or children; provided, that neither
shall be Gqmpgled to give srs sTde nT9o 9 o.
| the desertion of such wife, child or chill
dren in destitute or noceS Tsf6sa f o pro-
vide for the support and maintenance OF
such wife child or children drS as sha Po
neglect or refusal Is wilful
Section s. This act shall take effect
and be in force from and after its pas
sage and publication.
Approved July 6, 1911. Copy Law