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See. 5. All acts and parts of acts contravening any of the provisions

of this act are hereby repealed.


Speaker of the Assembly.


Lieut. Governor and President of the Senate.

Approved July 26, 1848.


LAN ACT to establish the University of Wisconsin.

The people of the state of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. There shall be established in this state at or near the village of Madison in the county of Dane an institution of learning under the name and style of the university of Wisconsin.

SEC. 2. The government of the university shall be vested in a board of regents to consist of a president, to be elected in the manner hereinafter provided, and twelve members, who shall be elected by the senate and assembly of this state, and who shall enter upon the duties of their office as soon as elected: provided that such regents shall not be entitled to receive compensation for their services.

SEC. 3. The members of the board at their first meeting, shall be divided in such manner as they shall determine into classes number one, two and three: class numbered one shall hold their office for two years: class numbered two for four years: and c'ass numbered three for six years from the first Monday of January one thousand eight hundred and forty nine: Thereafter those elected biennially to supply the vacancies made by the provisions of this section, and in the manner provided for in the second :section shall hold their office for six years respectively.

Sec. 4. The chancellor of the university elected as hereinafter men. tioned shall be ex-officio president of the board of regents and until elected or when absent the board may appoint a president pro tem.

SEC. 5. The regents of the university and their successors in office shall constitute a body corporate with the name and style of the "Regents of the University of Wisconsin with the right as such of suing and being sued of contracting and being contracted with of making and using a common seal and altering the same at pleasure.

SEC. 6. The regents shall appoint a secretary a treasurer and a librarian, who shall hold their respective offices during the pleasure of the board : It shall be the duty of the secretary to record all the proceedings of the board, and carefully to preserve all its books and papers: The treasurer shall keep a true and faithful account of all moneys received and paid out by him, and shall give such bonds for the faithful performance of the duties. of his office as the regents may require.

SEC. 7. The regents shall have power and it shall be their duty to enact laws for the government of the university, to elect a chancellor and appoint the requisite number of professors and tutors and such other officers as they may deem expedient: also to determine the amount of their respective salaries: provided that the salaries thus determined shall be submitted to the legislature for their approval or disapproval.

SEC. 8. The university shall consist of four departments: Frist, the department of science literature and the arts. second, the department of law: third, the department of medicine: fourth, the department of the theory and practice of elementary instruction: The immediate government of the several departments shall be intrusted to their respective faculties; but the regents shall have power to regulate the course of instruction, and prescribe under the advice of the professorships, the books and authorities to be used in the several departments, and also to confer such degrees and grant such diplomas as are usually conferred and granted by other universities.

SEC. 9. The regents shall have pawer to remove any officer connected with the institution, when in their judgment the interests of the institutior. require it.

SEC. 10. The fee of admission to the university shall never exceed ten dollars, and the charges for tuition in the first and fourth departments shall never exceed in one year to the residents of the state twenty dollaars; and as

soon as the income of the university fund will permit tuition in those departments shall be without charge to all students in the same who are residents of the state,

SEC. 11. The regents are authorized to purchase a suitab'e site for the erection of the university buildings; and to proceed to the erection of the same, as soon as they may deem it expedient: provided, that before they make the purchase or proceed to the erection of such buildings, they shall submit a plan of the same to the legislature, which shall be approved by them.

SEC. 12. The regents are authorized to expend such portion of the income of the university fund as they may decm expedient for the erection of suitab'e buildings, and the purchase of apparatus, a library and a cabinet of natural history.

SEC. 13. The regents shall make a report annually to the legis ature at its regular session exhibiting the state and progress of the university in its several departments, the course of study, the number of professors and students, the amount of expenditures; and such other information as they may deem proper.

Sac. 14. Meetings of the board may be called in such manner as the regents shall prescribe, and any even of them at a meeting regularly cal'ed shall be a quorum for the transaction of business; and a less number may adjourn from time to time: provided, that their first meeting may be cal, ed by any three members of the board.

SEC. 15. The regents if they shall deem it expedient may receive into connexion with the university any college in this state upon application of its board of trustees; and such college so received shall become a branch of the university, and be subject to the visitation of the regents.

SEC. 16. That no re igious tenets or opinions, shall be required to entit'e any person to be admitted as a student in said university, and no such tenets or opinions shall be required as a qua'ification for any professor tutor or teacher, of said university; and no student of said university shall be required to attend re igious worship in any particu ar denomination.

SEC.. 17. An aet entit ed "an act to estab ish a university of the territory of Wisconsin approved January 19th 1838 is hereby repea ed.


Speaker of the Assembly.


Lieut. Goveruor and President of the Senate.

Approved, July 26, 1848.


AN ACT to Exempt a Homestead from forced sale.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SEC. 1. A homestead consisting of any quantity of land not exceeding forty acres used for agricultural purposes, and the dwelling house thereon and its appurtenances to be selected by the owner thereof, and not included In any recorded town plot or city or village, or instead thereof at the option of the owner, a quantity of land not exceeding in amount one fourth of an acre, being within a recorded town plat or city or village, and the dwelling house thereon, and iis appurtenances owned and occupied by any resident of the state, shall not be subject to forced sale on execution or any other final process from a court for any debt or liability contracted after the first day of January in the year one thousand eight hundred and forty-nine.

SEC. 2. Such exemption shall not affect any laborers or mechanics lien or extend to any mortgage thereon lawfully obtained but such mortgage or other alienation of such land by the owner thereof, if a married man shall not be valid without the signature of the wife to the same.

SEC. 3. Whenever a levy shall be made upon the lands or tenements of a householder whose homestead has not been selected and set apart by metes and bounds such householder may notify the officer at the time of making such levy of what he regards as his homestead with a description thereof within the limits above prescribed, and the remainder alone shall be subject to sale under such levy.

SEC. 4. If the plaintiff in execution shall be dissatisfied with the quan. tity of land selected and set apart as aforesaid; the officer making such

levy, shall cause the same to be surveyed, beginning at a point to be designated by the owner, and set off in a compact form, including the dwelling house and its appurtenances, the amount specified in the first section of this act; and the expenses of said survey shall be chargeable on the execution and collected thereupon, if it shall appear after such survey that the owner of said land did not correctly state his metes and bounds: otherwise the expenses of survey shall be borne by the person directing the same.

SEC. 5. After the survey shall have been made the officer making the levy may sell the property levied upon, and not included in the set-off, in the same manner as provided in other cases for the sale of real estate on execution; and in giving a deed of the same he may describe it according to his original levy, excepting therefrom by metes and bounds according to the certificates of survey the quantity set off as aforesaid.

SEC. 6. Any person owning and occupying any dwelling house on land not his own, which land he shall be rightfully in possession of by lease or otherwise, and claiming such house as his homestead shall be entitled to the exemption of such house.

SEC. 7. Nothing in this act shall be considered as exempting any real estate from taxation or sale for taxes.

Approved July 29, 1848.


Speaker of the Assembly.


President of the Senate, pro tem.


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