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Mandamus.-We command.

A writ issuing from a superior court to some indi

vidual, corporation, or tribunal, commanding them to do some act.

Mesne process.-Intermediate process. It is the writ by which the defendant is brought into court.

Moiety. The one half.

Mortgagor.-The person who mortgages.

Mortgagee.-The person to whom the mortgage is made.

Ne exeat.-A writ to restrain a person from going out of the territory.

Nihil.-Nothing. A return upon a writ of scire facias.

Nihil dicit.-He says nothing. Is a failure by the defendant to put an answer to the plaintiff's declaration by the day assigned.

Nolle prosequi.-Prosecute no further.

Non compus,

Non

compus mentis,

Not of sound mind.

Non est inventus -He is not found. A return on a capias.
Non est factum.-It is not the deed.

Non sum informatus,-I am not informed. A formal answer by an attorney, who is not informed or instructed to say any thing material in defence of his client. Prima facie -On first appearance. Evidence prima facie is that which is at least presumptive, until it is obviated by other evidence.

Parol demurrer-Is a privilege allowed to an infant, that the action may stay till he comes of full age.

Posse comitatus.-Power of the county.

Pro confesso.-For confessed.

Procedendo.-To proceed. Is a writ which lies where a cause has been called up from an inferior to a superior court, and such superior court decides the cause of removal sufficient. This writ sends back the cause, and commands the court below to proceed to final judgment.

Quare clausum fregit -Why he broke the close.

Qui tam.-A writ in the name of the plaintiff, who sues as well for himself as the public.

Quo warranto.-A writ requiring one to show by what authority he exercises the duties of an office.

Subpana.-Under penalty. Process to compel attendance of witness or suitors. Subpana ad revivendum.-Process to revive a suit in chancery.

Sciere facias.-A writ to show cause.

Scieri feci.-A return upon a writ of scire facias.

Supersedeas.-A writ to stay proceedings at law.

Tales-men. Such men as are summoned in lieu of jurors who do not attend, in order to make up the deficiency.

Testatum.-It is testified. When a capias cannot be served in the county in which it is issued, a similar writ is sent to some other county, in which writ there is a suggestion that it is testified that the person does not reside in the first county, and such writ is called a testatum capias.

Venire,

Venire facias,

That you cause to come.

First process for convening a jury.

Venue, Vicinage, neighborhood. The county in which the action is laid. Venditioni exponas.-That you expose to sale. A writ commanding the officer to offer for sale property previously levied, by virtue of a former writ of execu tion.

LAWS OF

WISCONSIN TERRITORY.

No. 1.

AN ACT to divorce Mary McArthur from her husband, John McArthur.

SECTION 1. Be it enacted by the counsel and house of representatives of Wisconsin territory, That the marriage contract heretofore existing between Mary McArthur of Iowa county, in said territory, and her husband, John McArthur, be and the same is hereby annulled and made void; and that all obligations arising from the said marriage contract, be, and the same are hereby made of no more force or effect than if the said contract had never existed.

Approved December 8, 1837.

No. 2.

AN ACT to divorce Armstead W. Floyd from his wife, Eleanor Floyd.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the marriage contract heretofore existing between Armstead W. Floyd and Eleanor Floyd, his wife, of the county of Iowa, and territory of Wisconsin, be and the same is hereby annulled and made void; and that all obligations arising from the said marriage contract, be, and the same are hereby made of no more force or effect, than if the said contract had never existed. Approved December 9, 1837.

Trustees of the
University.

No. 3.

AN ACT to establish the Wisconsin university of Green Bay.

WHEREAS, the foreign and doméstic missionary society of the Protestant Episcopal church of the United States of America heretofore established a mission school, at Green Bay in the county of Brown and territory of Wisconsin, for the education of Indian children; and in the establishment and prosecution of said mission school, the said society has erected extensive buildings and two school houses,at great expense, which said mission and schools are now in active and successful operation, but whereas the wise policy of the United States government in colonizing the Indians, will in a short time have the effect of removing the Indians from this vicinity, and of suspending the operations of the said society in this place; and whereas the said society proposes to give to the citizens of Wisconsin, and others, the benefit and privileges of the said institution for the purpose of establishing a seminary of learning (for which the buildings are peculiarly adapted) of free and general utility, &c., therefore,

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That there be erected and established, in comformity with the preamble to this act, a college for the purpose of educating youth, the style, name and title of which shall be "the Wisconsin university of Green Bay ;" and which shall be under the government and regulation of a body politic and corporate as hereinafter in this act is provided.

SECTION 2. That said corporate powers shall be, and are hereby vested in a board of trustees, to consist of a number of not less than eleven, nor more than twenty; and that the president of said college (who shall be chosen by the board of trustees in such manner and for such time as they may think proper,) shall be ex-officio a member of said board; which board shall have power from time to time, to fill all vacancies in their body; and that Benjamin T. Onderdonk, James D. Doty, John P. Arndt, Charles P. McIlvaine, Albert G. Ellis, Jackson Kemper, George McWilliams, Daniel E. Brown, Samuel A. McCaskry,

Charles C. Sholes, Ebenezer Childs, Philander Chase, Daniel Whitney, Charles Trowbridge, P. E. Deuvill, William Dickinson, Randal Wilcox, Solomon Davis, Alexander J. Irwin, and Murry Hoffman, shall be, and are hereby constituted the first members of said board.

SECTION 3. The said trustees and their successors Name and shall forever hereafter be, and they are hereby estab. powers. lished and declared to be a body politic and corporate, with perpetual succession, in deed and in law, to all intents and purposes whatever, by the name, style and title of "the trustees of the Wisconsin university of Green Bay;" by which name, style and title, they and their successors shall be capable in law and equity of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatever, in all manner of actions, suits, complaints, matters and causes whatever; and of holding property, real, personal and mixed; of buying and selling, and otherwise lawfully disposing of property belonging to the said university, or that may hereafter belong to the same, for the purpose of education and no other; and shall have power to make and use a common seal and to alter the same at pleasure. Two-thirds of said trustees shall be a quorum, for the purpose of disposing of the property and fixing of compensations, and any seven of said trustees shall be a quorum, for all other purposes.

SECTION 4. That the said board of trustees and their successors forever, shall have full power and authority to appoint all such officers and servants as they shall judge useful and convenient; to displace the same, and to declare the tenure, duties and emoluments of their respective offices; to remove a trustee for any cause they may deem sufficient, two-thirds of the whole number concurring; to define the qualifications of a trustee, to enact and enforce, by reasonaable penalties or otherwise, all such by-laws and ordinances as they shall deem expedient, as well for the better management of the revenues and proprietary interests of the college as for the advancement of piety, science and learning, so that the same be not repug. nant to the laws of the territory, or of the United States; to confer degrees and distinguish merit by

Funds, how appropriated.

Trustees' oath.

such literary honors and rewards as they may judge proper.

SECTION 5. That the funds and property of said institution shall be appropriated by the board to the endowment and support of said university, in such manner as shall most effectually promote virtue, piety and learning: provided, that no property or funds given for a specific purpose shall be appropriated in behalf of any object other than those intended by the donor or grantor.

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SECTION 6. That the trustees hereby appointed, shall take an oath for the faithful discharge of the duties of their respective offices, which oath any of the said trustees is hereby authorized to administer.

SECTION 7. That in the event of the dissolution of the corporation hereby created, all real estate granted for the use of said corporation, shall revert to the original grantor.

SECTION 8. That the superintendent of the Wisconsin establishment be, and he is hereby authorized to fix the time and place for holding the first meeting of the said trustees, of which he shall give at least thirty days' previous notice, through the medium of a newspaper published in the vicinity, or by written. notices to each of the trustees; and any trustee who may be prevented from attending any meeting, shall have the privilege of being represented by proxy.

SECTION 9. And it is further enacted, That this act shall be subject to be altered, amended or repealed by any future legislature in this territory or state, as the case may be.

Approved Dec. 13, 1837.

Money to be paid to treasurer in the same

funds as received.

No. 4.

AN ACT to enforce the payment of certain moneys into the several county treasuries.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That from and after the passage of this act, it shall be the duty of the justices of the peace and of all other officers, to

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