STATUTES

OF THE

TERRITORY OF WISCONSIN.

Be it enacted by the Council and House of Representatives of the Territory of Wisconsin, as follows:

AN ACT concerning the time when acts shall take effect.

$1. That no public act, hereafter passed at this session of the le- When to gislature, shall be of force or take effect until the fourth day of July take effect. next, unless otherwise specially provided in the act itself.

AN ACT to provide for the printing and distribution of the laws of Wisconsin..

$1. The laws of the territory of a general nature shall be arranged Laws to be in a proper order, printed on good paper, and handsomely and sub- printed, &c. stantially bound in calf, and shall be ready for distribution on or before the first Monday of July next, after the passage of this act.

$2. Such edition shall consist of fifteen hundred copies, and shall Number of be contracted for on the most reasonable terms, by such person as copies. may be appointed for that purpose, where the same may be done in the most expeditious and workmanlike manner.

&c.

$3. The person so appointed shall also procure the said edition, to be Marginal accompanied by an index, and full marginal notes, and shall also notes, index, preface the laws with the constitution of the United States; the ordi- ́ nance and acts of congress amendatory thereof; the act organizing the territory of Wisconsin, and such part of the act organizing the territory of Iowa, as relates to this territory.

S4. In preparing such edition, it shall only be necessary to place Enacting a general enacting clause at the commencement of the laws of the clause dis pensed with. territory, and arrange the laws thereafter by their several titles, and divisions, without the signature of the presiding officers of the legislative assembly, and the approval thereof by the governor.

read in evi.

$5. Such edition, so prepared, shall be entitled to be read in evi- Laws to be dence in any court of justice, or in any other place where a reference dence. to the laws may be requisite within this territory.

$6. All laws hereafter to be printed by authority of this territory, How distrishall be distributed as follows, to wit: To the governor, secretary, buted. judges of the supreme court, the United States district attorney, and the marshal of the territory, clerks of the supreme and district courts, treasurer, and auditor of the territory, attorney-general, and district attorneys, adjutant-general, quarter-master-general, county treasur

Number de. livered to re

deeds.

gisters.

ers. registers of deeds, judges of probate, county cominissioners, sheriffs, coroners, justices of the peace, president of any incorporated town or borough, members of the legislative assembly, delegate to congress, the governors of each of the states, and territories for the use thereof, one copy each; provided, that no person who may hold more than one of the above named offices, shall be entitled to more than one copy.

$7. Whenever the person appointed to procure the publication of the gisters of laws, as contemplated by this act, shall have the same completed, he shall as soon as may be, deliver or transmit to the registers of deeds in each of the organized counties, fifty copies thereof for distriDuty of re-bution among the several officers of their respective counties; and it shall be the duty of said registers, to keep a correct statement of the name and office of the several persons who may receive copies thereof, and also to take a receipt for the same when delivered. And in case fifty copies should not supply the officers authorized to receive a copy of the laws in any county, the register shall inform the librarian, who shall immediately forward the number to make up the deficiency.

Copy, when

to be redeli

gister.

$8. The copy delivered to any person shall have stamped or writvered to re- ten thereon, the name of the office held by such person, and shall be again deposited in the office of said register on the expiration of his term of office, by the person to whom the same may have been delivered; and any person failing to deposite the said copy in pursuance hereof, shall forfeit the sum of ten dollars, to be recovered by said register in his own name, by action of debt in any court, for the use of the county.

Surplus co. pies, how

$9. The several copies of the laws remaining after distribution among disposed of the several counties, as contemplated in the sixth section of this act, shall be deposited in the territorial library, and the librarian shall furnish each of the officers and persons, other than county officers, herein before designated, with a copy thereof, on demand, and shall take a receipt therefor, when delivered.

Person appointed to carry this

act into ef fect, &c.

Money ap

$10. Edward V. Whiton is hereby (is hereby) appointed to carry into effect the provisions of this act, and to prepare the proper marginal notes and index to accompany such edition; and the laws included in said volume shall be certified by him, under oath, to be a true copy of the statute laws on file in the secretary's office.

$11. The sum of twenty-five hundred dollars is hereby appropriapropriated. ted out of the contingent fund to be applied towards the payment for preparing and publishing said edition, to be drawn on the order of the person appointed to carry into effect the provisions of this act.

Boud to be given.

Librarian

may sell laws.

Act to take effect.

$12. The person appointed by this act, shall, within five days after the same shall be approved, execute a bond with two sufficient sureties, to the governor, for the use of the territory, in the sum of eight thousand dollars, conditioned for the faithful discharge of the duties imposed by this act.

$13. The librarian is hereby authorized to sell to any individual a copy of the laws, at five per cent advance upon cost, any that he may have in his possession, after reserving five hundred copies for the use of the territory, not including those that are to be distributed to the several counties.

$14. This act shall take effect from its passage.

AN ACT concerning the construction of statutes.

construing

S 1. In the construction of all statutes the following rules shall be Rules for observed, unless such construction would be inconsistent with the statutes. manifest intent of the legislature, or repugnant to the context of the same statute, that is to say:

phrases how

ber, gender,

First, All words and phrases shall be construed and understood Words and according to the common and approved usage of the language, but construed. technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to such peculiar and appropriate meaning. Second, Every word importing the singular number only, may singular and extend and be applied to several persons or things, as well as to one plural numperson or thing; and every word importing the plural number only, &c. may extend and be applied to one person or thing, as well as to several persons or things; and every word importing the masculine gender only, may extend and be applied to females, as well to males. Third, All words purporting to give a joint authority to three or officers how more public officers, or other persons, shall be construed as giving authority, such authority to a majority of such officers, or other persons, unless &c. it shall be otherwise expressly declared in the law giving the authority.

to exercise

Fourth, The word "grantor" may be construed as including every "Grantor" person from or by whom any freehold estate or interest passes, in or and "Granby any deed, and the word "grantee" as including every person to whom any such estate or interest passes in like manner.

tee."

Fifth, The word "highway" may be construed to include any "Highway.” road laid out by the authority of the United States, or of this territory, or of any town or county, and all bridges upon the same.

Sixth, The word "inhabitant" may be construed to mean a resi- "Inhabident in any city or town.

tant."

Seventh, The words "insane person" shall be construed to include "Insane perevery idiot, non compos, lunatic and distracted person.

son." ""

Eighth, The word "issue," as applied to the descent of estates, "Issue.” shall be construed to include all the lawful lineal descendants of the ancestor.

"lands," and

Ninth, The words "land," or "lands," and the words "real estate," "Land," shall be construed to include lands, tenements and hereditaments, and “real es all rights thereto and interests therein.

tate."

Tenth, The word "month" shall be construed to mean a calendar "Month" month, unless otherwise expressed; and the word "year," a calendar and “year.” year, unless otherwise expressed; and the word "year" alone, shall be equivalent to the expression "year of our Lord."

"sworn."

Eleventh, The word "oath" shall be construed to include "affir- "Oath” and mations," in all cases where, by law, an affirmation may be substituted for an oath; and in the like cases the word "sworn" shall be construed to include the word "affirmed.”

Twelfth, The word "person" may extend and be applied to bodies "Person." politic and corporate, as well as to individuals.

Thirteenth, The words "preceding," and "following," when used "Precedby way of reference to any section of any statute of this territory, ingin shall be construed to mean the section next preceding, or next fol

"following."

"Seal."

"Town."

"Will."

"Written," and "in writing."

Election for delegate to

For members of

house of representatives.

lowing that in which such reference is made, unless when some other section is expressly designated in such reference.

Fourteenth, In all cases in which the seal of any court or public office shall be requird by law to be affixed to any paper issuing from such court or office, the word "seal" shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. Fifteenth, The word "town" may be construed to include all cities and districts, unless such construction would be repugnant to the provision of any act specially relating to such cities or districts.

Sixteenth, The term "will" shall be construed to include codicils, as well as wills.

Seventeenth, The words "written," and "in writing," may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters; provided, however, that in all cases where the written signature of any person is required by law, it shall always be the proper hand writing of such person, or in case he is unable to write, his proper mark.

AN ACT to provide for and regulate general elections. S1. An election for a delegate to serve in the twenty-sixth concongress, gress, (or so much thereof as may remain after the term of the prewhen held. sent delegate shall have expired,) shall take place on the first Monday in August, anno domini one thousand eight hundred and thirtynine, and on the same day in every second year thereafter; an election for members to the house of representatives of the territory, shall take place on the first Monday in August, in the year of our Lord one thousand eight hundred and forty, and on the same day in every second year thereafter. Provided, That if the term of service of the members of the house of representatives shall expire before the time fixed in this section for the first choice of members of said house of representatives, it shall be the duty of the governor to issue his proclamation directing elections to be holden for the choice of said members; and said elections held pursuant to said proclamation, shall be as legal and valid as if the time of holding them had been fixed by Members of law; an election for members of the council of this territory shall take place on the first Monday in August, one thousand eight hundred and forty-two, and on the same day in every fourth year thereCounty, town after; an election for county, town and district officers, shall take officers. place on the first Monday in August next, and on the same day in each succeeding year, and all general and special elections for delegate to congress, members of the council and house of representatives, and all county, town and district officers, shall be conducted in the manner hereinafter prescribed.

council.

and district

County comto appoint judges of election.

$2. The county commissioners shall respectively, at their regular missioners annual session in April preceding the general election, appoint three capable and discreet persons, possessing the qualifications of electors, to act as judges of the elections at any election precinct, and for each of the polls of election, as provided for in this act setting off and establishing towns or districts (as the case may be;) and the clerk of the said board of commissioners shall make out and deliver to the sheriff of the county immediately after the appointment of said judges, a no

appoint

tice thereof in writing, directed to the judges so appointed, and it shall be the duty of said sheriff, within twenty days after the receipt of said notice, to serve the same upon each of the said judges of the election. The said judges shall choose two persons having similar Judges to qualifications with themselves to act as clerks of the election. The clerks. said judges of election shall be and continue judges of all elections of How long civil officers to be held at their respective precincts, until other judges hold office. shall be appointed as herein before directed; and the said clerks of elections may continue to act as such during the pleasure of the judges of election. And the county commissioners shall, from time to time, fill all vacancies which may take place in the office of judges of election at any election precinct, within their respective counties.

judges to

commission

ers to deliver

tice of elec

$3. The clerks of the several boards of county commissioners, Clerk of shall, at least fifty days previous to any general election, and at least twenty days previous to any special election, make out and deliver to sheriff nothe sheriff of his county, three written notices thereof for each election tion. precinct; said notices to be as nearly as circumstances will admit as follows, to wit:

for territorial, county and town or district officers, (naming the offices to be filled, as the case may be,) which election will be opened at nine o'clock in the morning, and will continue open until four o'clock in the afternoon of the same day.

this

day of

A. D. (as the case may

How many,

Dated at be,) signed A. B. clerk of the board of county commissioners. $4. The sheriff aforesaid, to whom such notice shall be delivered Sheriff to as aforesaid, shall post up in three of the most public places in each post otices. town or district, the notices referring to such town or district, at least and where. thirty days previous to the time of holding any general election, and at least eight days before the time of holding any special election; and in cases where towns or districts may not be set off by law as election precincts, said notices shall be posted as follows: one at the house where the election is authorized to be held, and the two others at two of the most public and suitable places in that vicinity or settlement. $5. If any person appointed to act as a judge of any election as afore- If judge nesaid shall neglect or refuse to be sworn to act in such capacity, or shall glect to be not be present, the place of such person shall be filled by the votes how filled. of such qualified electors residing within the county, town or district, as may then be present at the place of election, and the person or persons so elected to fill such vacancy or vacancies, shall be and are hereby vested with the same power as if appointed by the board of county commissioners.

sworn, place

clerk to take

$ 6. Previous to votes being taken, the judges and clerks of the Judges and election shall severally take an oath in the following form, to wit: oath. "I, A. B. do solemnly swear (or affirm, as the case may be) that I Form of oath will perform the duties of judge (or clerk, as the case may be) according to law and to the best of my ability; that I will studiously endeavor to prevent fraud, deceit and abuse in conducting the same." $7. In case there shall be no judge or justice of the peace present Judges to adat the opening of the election, or in case such judge or justice shall sto be appointed judge or clerk of the election, it shall be lawful for the other.

minister

oaths each