WISCONSIN. The name of one of the new states of the United States, of
2. The constitution of Wisconsin was adopted by a convention, at Madison, on
the first day of February, 1848.
3. The right of suffrage is vested by the third article of the constitution,
as follows: Sect. 1. Every male person of the age of twenty-one years or
upwards, belonging to either of the following classes, who shall have resided in
this state for one year next preceding any election, shall be deemed a
qual-ified elector at such election. 1st. White citizens of the United States.
2d. White persons of foreign birth who shall have declared their intention to
become citizens, conformably to the laws of the United States on the subject of
naturalization. 3d. Persons of Indian blood who have once been declared by law
of congress to be citizens of the United States, any subsequent act of congress
to the contrary notwithstanding.
4th. Civilized persons of Indian descent, not members of any tribe; Provided,
that the legislature may at any time extend by law the right of suffrage to
persons not herein enumerated, but no such law shall be in force until the same
shall have been submitted to a vote of the people at a general election, and
approved by a majority of all the votes cast at such election.
Sect. 2. No person under guardianship, non compos mentis, or insane shall be
qualified to vote at any election; nor shall any person, convicted of treason or
felony, be qualified to vote at any election, unless restored to civil
Sect. 3. All votes shall be given by ballot, except for such township
officers as may by law be directed or allowed to be otherwise chosen.
Sect. 4. No person shall be deemed to have lost his residence in this state
by reason of absence on business of the United States or of this state.
Sect. 5. No soldier, seaman or marine, in the army or navy of the United
States, shall be deemed a resident in this state, in consequence of being
stationed within the same.
Sect. 6. Laws may be passed excluding from the right of suffrage all persons
who have been, or may be convicted of bribery, or larceny, or any infamous
crime, and depriving every person who shall make or become directly or
indirectly interested in any bet or wager depending upon the result of any
election, of the right to vote at such election. 4, The fourth article vests the
legislative power in a senate and assembly. These will be separately considered,
by taking a view, 1. Of the senate. 2. Of the assembly.
5. - §1. The senate. It will be proper to examine, first, the qualification
of the senators; secondly, the time of their election; third, the duration of
their office fourth, the number of senators.
6. - 1. The senators must have resided one year within the state, and be
qualified electors in the district which they may be chosen to represent. Sect.
7. - 2. Senators are elected on the Tuesday following the first Monday of
November by the qualified electors of the several districts. One half every
8. - 3. They hold their office for two years.
9. - 4. The senate shall consist of a number of members not more than
one-third, nor less than one-fourth of the number of the members of the
assembly. Sect. 2.
10. - §2. The assembly will be, considered in the same order.
11. - 1. Members of the assembly must have resided one year in the state, and
be qualified electors for the district for which they may be chosen.
12. - 2. Members of the assembly are elected at the same time senators are
13. - 3. They are elected annually.
14. - 4. The number of members of the assembly shall never be less than
fifty-four nor more than one hundred.
15. The two houses are invested severally with the following powers:
Sect. 7. Each house shall be the judge of the elections, returns and
quali-fications of its own members; and a majority of each shall constitute a
quorum to do business, but a smaller number may adjourn from day to day, and may
compel the attendance of absent members, in such manner and under such penalties
as each house may provide.
Sect. 8. Each house may determine the rules of its own proceedings, punish
for contempts and disorderly behaviour; and, with the concurrence of two-thirds
of all the members elected, expel a member; but no member shall be expelled a
second time for the same cause.
Sect. 9. Each house shall choose its own officers, and the senate shall
choose a temporary president when the lieutenant-governor shall not attend as
president, or shall act as governor.
Sect. 10. Each house shall keep a journal of its proceedings and publish the
same, except such parts as require secrecy. The doors of each house shall be
kept open, except when the public welfare shall require secrecy. Neither house
shall, without the consent of the other, adjourn for more than three days.
16. By the fifth article, the executive power is vested in a governor.
17. - Sect. 1. The executive power shall be vested in a governor, who shall
hold his office for two years; a lieutenant governor shall be elected at the
same time, and for the same term.
18. - Sect. 2. No person, except a citizen of the United States, and a
qua-lified elector of the state, shall be eligible to the office of governor or
19. - Sect. 3. The governor and lieutenant governor shall be elected by the
qualified electors of the state, at the times and places of choosing members of
the legislature. The persons respectively having the highest, number of votes
for governor and lieutenant-governor shall be elected, but in case two or more
shall have an equal and the highest number of votes for governor or
lieutenant-governor, the two houses of the legislature, at its next annual
session, shall forthwith, by joint ballot, choose one of the persons so having
an equal and the higbest number of votes, for governor or lieutenant governor.
The returns of election for governor or lieutenant governor shall be made in
such manner as shall be provided by law.
20. - Sect. 4. The governor shall be commander-in-chief of the military. and
naval forces of the state. He shall have power to convene the legislature on
extra-ordinary occasions; and in case of invasion, or danger from the
preva-lence of contagious disease at the seat of government, he may convene them
at any other suitable place within the state. He shall communicate to the
legislature at every session, the condition of the state; and recommend such
matters to them for their consideration as he may deem expedient. He shall
transact all necessary business with the officers of the government, civil and
military. He shall expedite all such measures as may be resolved upon by the
legislature, and shall take care that the laws be faithfully executed.
21. - Sect. 5. The governor shall receive during his continuance in office an
annual compensation of one thousand two hundred and fifty dollars.
22. - Sect. 6. The governor shall have the power to grant reprieves,
commutations and pardons after conviction for all offences, except treason, and
cases of impeachment, upon such conditions and with such restrictions and
lim-itations as he may think proper, subject to such regulations as may be
provided by law relative to the manner of applying for pardons. Upon conviction
for treason he shall have the power to suspend the execution of the sentence,
until the case shall be reported to the legislature at its next meeting, when
the legislature shall either pardon, or commute the sentence, direct the
execution of the sentence, or grant a further reprieve. He shall annually
communicate to the legislature each case of reprieve, commutation or pardon
granted, stating the name of the convict, the crime of which he was convicted,
the sentence and its date, and the date of the commutation, pardon or re-prieve,
with his reasons for granting the same.
23. - Sect. 7. In case of the impeachment of the governor, or his removal
from office, death, inability from mental or physical disease, resignation or
absence from the state, the powers and the duties of the office shall devolve
upon the lieutenant-governor for the residue of the term, until the governor,
absent or impeached, shall have returned, or the disability shall cease. But
when the governor shall, with the consent of the legislature, be out of the
state in time of war, at the head of the military force thereof, he shall
continue commander-in-chief of the military force of the state.
24. - Sect. 8. The lieutenant-governor shall be president of the senate, but
shall have only a casting vote therein. If during a vacancy in the office of
governor, the lieutenant governor shall be impeached, displaced, resign, die, or
from mental or physical disease, become incapable of performing the duties of
his office, or be absent from the state the secretary of state shall act as
governor until the vacancy shall be filled, or the disability shall cease.
25. - Sect. 9. The lieutenant governor shall receive double the per them
allowance of members of the senate, for every day's attendance as president of
the senate, and the same mileage as shall be allowed to members of the
26. - Sect. 10. Every bill which shall have passed the legislature, shall,
before it becomes a law, be presented to the governor; if he approve, he shall
sign it, but if not, he shall return it with his objections to that house in
which it shall have originated, who shall enter the objections It large upon the
journal, and proceed to reconsider it. If after such reconsideration,
two-thirds. of the members present shall agree to pass the bill, it shall be
sent, together with the objections, to the other house, by which it shall
likewise be reconsidered, and if approved by two-thirds of the members present,
it shall become a law. But in all such cases, the votes of both houses shall be
determined by, yeas and nays, and the names of the members, voting for or
against the bill, shall be entered on the journal of each house respectively. If
any bill shall not be returned by the governor within three days (Sundays
excepted) after it shall have been presented to him, the same shall be a law,
unless the legislature shall by their adjournment prevent its return, in which
case it shall not be a Iaw.
27. The seventh article establishes the judiciary as follows:
Sect. 1. The court for the trial of impeachments shall be composed of the
senate. The house of representatives shall have the power of impeaching all
civil officers of this state, for corrupt conduct in office, or for crimes and
misdemeanors; but a majority of all the members elected shall concur in an
impeachment. On the trial of an impeachment against the governor, the lieutenant
governor shall not act as a member of the court. No judicial officer shall
exercise his office after he shall have been impeached until his acquittal.
Before the trial of an impeachment, the members, of the court shall take an oath
or affirmation truly and impartially to try the impeachment according to the
evidence; and no person shall be convicted without a concurrence of two-thirds
of the members present. Judgment in case of impeachment shall not extend further
than to removal from office, or removal from office and disqualification to hold
any office of honor, profit or trust under the state; but the party impeached
shall be liable to indictment, trial and punishment according to law.
28. - Sect. 2. The judicial power of this state, both as to matters of law
and equity, shall be vested in a supreme court, circuit courts, courts of
probate, and in justices of the peace. The legislature may also vest such
jurisdiction as shall be deemed necessary in municipal courts and shall have
power to establish inferior courts in the several counties with limited civil
and criminal jurisdiction: Provided, that the jurisdiction which may be vested
in municipal courts shall not exceed, in their respective municipalities, that
of circuit courts, in their respective circuits, as prescribed in this
constitution: And that the legislature shall provide as well for the election of
judges of the municipal courts, as of the judges of inferior courts, by the
qualified electors of the respective jurisdictions. The term of office of the
judges of the said municipal and inferior courts shall not be longer than that
of the judges of the circuit court.
29. - Sect, 3. The supreme court, except in cases otherwise provided in this
constitution, shall have appellate jurisdiction only, which shall be coextensive
with the state; but in no case removed to the supreme court shall a trial by
jury be allowed. The supreme court shall have a general superintending control
over all inferior courts; it shall have power to issue writs of habeas corpus,
mandamus, injunction, quo warranto certiorari, and other original and remedial
writs, and to hear and determine the same.
30. - Sect. 4. For the term of five years and thereafter until the
legislature shall otherwise provide, the judges of the several courts shall be
judges of the supreme court, four of whom shall constitute a quorum, and the
concurrence of a majority of the judges present shall be necessary to a
decision. The legislature shall have power, if they should think it expedient
and necessary to provide by law for the organization of a separate supreme
court, with the jurisdiction and powers prescribed in this constitution, to
consist of one chief justice and two associate justices, to be elected by the
qualified electors of the state, at such time and in such manner as the
legislature may provide. The separate supreme court, when so organized, shall
not be changed or discontinued by the legislature; the judges thereof shall be
so classified that but one of them shall go out of office at the same time, and
the term of office shall be the same as provided for the judges of the circuit
court. And whenever the legislature may consider it necessary to establish a
separate supreme court, they shall have power to reduce the number of circuit
court judges to four, and subdivide the judicial circuits, but no such
subdivision or reduction shall take effect till after the expiration of the term
of some one of the said judges, or till a vacancy occur by some other means.
31. Circuits are established, and they may be changed by the legislature.
Sec. 7. For each circuit there shall be a judge chosen by the qualified
electors therein, who shall hold his office as is provided in this constitution
until his successor shall be chosen and qualified, and after he shall have been
elected, he shall reside in the circuit for which he was elected. One of said
judges shall be designated as chief justice, in such manner as the legislature
shall provide. And the legislature shall, at its first session, provide by law
as well for the election of, as for classifying, the judges of the circuit court
to be elected under this constitution, in such manner, that one of the said
judges shall go out of office in two years, one in three years, one in four
years, one in five years and one in six years, and thereafter the judge elected
to fill the office, shall bold the same for six years.
32. - 8. The circuit courts shall have original jurisdiction in all matters
civil and criminal within this state, not excepted in this constitution, and not
hereafter prohibited by law, and appellate jurisdiction from all inferior courts
and tribunals, and a supervisory control over the same. They shall also have the
power to issue writs of habeas corpus, mandamus, injunction, quo warranto,
certiorari, and all other writs necessary to carry into effect their orders,
judgments and decrees, and give them a general control over inferior courts and
33. - Sect. 9. When a vacancy shall happen in the office of a judge of the
supreme or circuit court, such vacancy shall be filled by an appointment of the
governor, which shall continue until a successor is elected and qualified; and
when elected, such successor shall hold his office the residue of the unexpired
term. There shall be no election for a judge or judges at any general election
for state or county officers, nor within thirty days either before or after such
34. - Sect. 10. Each of the judges of the supreme and circuit courts shall
receive a salary, payable quarterly, of not less than one thousand five hundred
dollars annually; they shall receive no fees of office or other compensation
than their salaries; they shall hold no office of public trust, except a
judicial office, during the term for which they are respectively elected, and
all votes for either of them for any office except a judicial office, given by
the legislature or the people, shall be void. No person shall be eligible to the
office of judge who shall not at the time of his election be a citizen of the
United States, and have attained the age of twenty-five years, and be a
qualified elector within the jurisdiction for which he may be chosen.
35. - Sect. 11. The supreme court shall hold at least one term annually at
the seat of government of the state at such times as shall be provided by law,
and the legislature may provide for holding other terms, and at other places
when they may deem it necessary. A circuit court shall be held at least twice a
year, in each county of this state, organized for judicial purposes. The judges
of the circuit court may hold courts for each other, and shall do so when
required by law.
WISTA. Among the Saxons, this was a measure of land; it contained a
half hide, or sixty acres.
TO WIT. To know, that is to say, namely. See Scilicet.
WITH STRONG HAND, pleading. This is a technical phrase indispensable
in describing a forcible entry in an indictment. No other word or circumlocution
will answer the same purpose. 8 T. R. 357.
WITHDRAWING A JUROR, practice. An agreement made between the parties
in a suit to require one of the twelve juror's impanneled to try a cause to
leave the jury box; the act of leaving the box by such a juror is also called
the withdrawing a juror.
2. This arrangement usually takes place at the recommendation of the judge,
when it is obviously improper the case should proceed any further.
3. The effect of withdrawing a juror puts an end to that particular trial,
and each party must pay his own costs. 3 T. R. 657; 2 Dowl. R. 721; S. C. 1
Crom. M. & R. 64.
4. But the plaintiff may bring a new suit for the same cause of an action. R.
& M. 402; S. C. 21 E. C. L. R. 472; 3 Barn. & Adolph. 349; S. C. 23 E.
C. L. R. 91. See 3 Chit. Pr. 916.
WITHERNAM, practice. The name of a writ which issues on the return of
elon-gata to an alias or pluries writ of replevin, by which the sheriff is
commanded to take the defendant's own goods which may be found in his bailiwick,
and keep them safely, not to deliver them to the plaintiff until such time as
the defendant chooses to submit himself, and allow the distress, and the whole
of it, to be reprevied, and he is thereby further commanded that he do return to
the court in what manner he shall have executed the writ. Hamm. N. P. 453; 2
Inst. 140; F. N. B. 68, 69; 19 Vin. Ab. 7; 7 Com. Dig. 674; Grotius, 3, 2, 4, n.
WITHOUT, pleading. This word is adopted in formal traverses, and is a
negative signifying "and not for;" accordingly the language of the elder entries
sometimes is, It et nemy pur tiel cause," &c. Hamm. N. P. 120.
WITHOUT DAY. This signifies that the cause or thing to which it
relates is indefinitely adjourned; as when a case is adjourned without day, it
is not again to be inquired into; when the legislature adjourn without day they
are not to meet again. This is usually expressed in Latin, sine die.
WITHOUT IMPEACHMENT OF WASTE. When a tenant for life holds the land
without impeachment of waste, he is of course dispunishable for waste whether
wilful or otherwise. But still this right must not be wantonly abused so as to
destroy the estate, and he will be enjoined from committing malicious waste.
Dane's Ab. c. 78, a. 14, §7; Bac. Ab. Waste, N; 2 Eq. Cas. Ab. tit. Waste, A.
pl, 8; 2 Bouv. Inst. n. 2402. See Impeachment of Waste and Waste.
WITHOUT RECOURSE. Vide Sans Recours and Indorsement; Chit. on Bills,
179; 14 S. & R. 325; 3 Cranch, 193; 7 Cranch, 159; 1 Cowen, 538; 12 Mass.
172; 6 Shipl. R. 354.
WITHOUT RESERVE, contracts. These words are frequently used in
conditions of sale at public auction, that the property offered, or to be
offered for sale, will be sold without reserve.
2. When a property is advertised to be sold without reserve, if a puffer be
employed to bid, and actually bid at the sale, the courts will not enforce a
contract against a purchaser, into which he may have been drawn by the vendor's
want of faith. 5 Madd. R. 34. Vide Puffer.
WITHOUT THIS, THAT, pleading. These are technical words used in a
traverse, (q. v.) for the purpose of denying a material fact in the preceding
pleadings, whether declaration, plea, replication, &c. In Latin it is called
absque hoc. (q. v.) Lawes on Pl. in Civ. Act. 119; Com. Dig. Pleader, G 1;
Summary of Pleading, 75; 1 Saund. 103, n.; Ld. Raym. 641; 1 Burr. 320; 1 Chit.
Pl. 576, note a.