General Acts Passed by the Legislature of Wisconsin
Od autorů: Wisconsin
Persons refus- Sec. 2. Any person summoned to give testimony, or ing to answer produce books, records, documents or papers, as prosubpoena, &c. punishment.
vided in the foregoing section, who shall willfully neg. lect or refuse to appear in obedience to such writ of subpena, or appearing, shall refuse to answer any question pertinent to the matter of inquiry before such committee, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment in the common jail not more than one year, nor less than three months, or by a fine not exceeding one thousand dollars, nor less than two hun
dred dollars, or both such fine and imprisonment in the Circuit court discretion of the court.
The circuit court of the has jurisdiction,
county in which the subpena was served, shall have
jurisdiction of such misdemeanor. Such neglect or Deemed a contempt of the refusal to appear, or refusal to answer, shall also be house, deemed a contempt of the house of the legislature
whose process has been disobeyed, and shall also be punished by such house, as a breach of its privileges, as provided in section three of chapter eight of the re
vised statutes. Process in case Sec. 3. Upon the return of the subpæna, duly served of refnsal to
as provided in the first section of this act, and upon answer sub
filing of a certificate of the chairman of the commitpana,
tee, showing that any person named in such subpæna has failed or neglected to appear before the committee in obedience to the mandate of such subpæna, summary process to compel the attendance of such person shall be issued. Such summary process shall be signed by the presiding officer and Chief Clerk of the house which issued the subpena, and shall be directed to the Sergeant-at-Arms thereof, and shall command the officer to whom the same is directed, " in the name of the State of Wisconsin," to take the body of the person so
oresaid failing to attend or comply, (naming him) and bring him forthwith before the house whose subpæna has been disobeyed, as aforesaid; and when any person shall be so arrested, he shall be taken by the Sergeant-at-Arms before the committee desiring to examine him as a witness, or to obtain from him the production of books, records, documents or papers for their use as evidence concerning the matters confided to such committee, and when before such committee, such person shall testify as to the matters concerning which he shall be interrogated; and when such person is not on examination before such committee, he shall remain in the custody of the Sergeant-at-Arms, or in the custody of some person specially deputed for that purpose; and the officer having charge of such person, shall, from time to time, take him before such committee until they shall have completed his examination, at which time the chairman of the committee shall certify that the committee do not wish to examine such person further; and, thereupon, such witness shall, by the officer having him in charge, be taken before the house by whom he was first taken and that house shall order his discharge, or release, or may proceed to punish such person for any contempt of such house in not complying with the requirements of this act, or of any writ issued and served as herein provided.
SEC. 4. The Sergeant-at-Arms, having any person in Sergeant-atcustody, by virtue of any such summary process, may Arms may de
pute any other depute any other person to have charge of the per- person. son so in his custody, as provided in section three of this act, and the person so deputed shall be and hereby is declared an officer within the meaning of said section three.
Sec. 5. Every refusal to testify or answer any ques- Duty of chairtion as mentioned or contemplated by this act, shall be man of comforthwith certified to the proper house by the chairman sal to testify. of the committee, where such refusal shall exist, and such certificate shall be immediately transmitted to such house, through an officer in attendance upon such committee, and at the same time such officer shall take the person so refusing before the same house, to be dealt with as provided by section two of this act. SEC. 6. Either house ordering any such summary ing process
House orderprocess as aforesaid, may also direct the Sergeant-at- may direct Arms to specially depute some competent person to ex- Sergeant-atecute such process. Such deputation shall be endorsed point a deputy on such writ, in writing, over the signature of the Sergeant-at-Arms. The person so deputed shall have the same power to, and he shall execute such process according to the mandate thereof.
Sec. 7. The Sergeant-at-Arms of either house or his Sergeant-atdeputy, to whom any such summary process as afore- Arms or dep
uty-duty and said, shall be delivered, shall execute the same according power. to the mandate thereof, and for that purpose may call to his aid the power of the county wherein such writ is to be executed, the same as the Sheriff of such county could do for the purpose of arresting a person
charged with crime, under process issued from a court
of competent jurisdiction. Persons testi- Sec. 8. No person examined and testifying before fying not lia-, either house of the legislature, or a committee of eithble to criminal prosecution.
er house, or joint committee of the two houses, shall be held to answer criminally in any court of justice, or be subject to any penalty or forfeiture for any fact or act touching which he shall be required to testify before either house, or any committee of either house, or joint committee of the two houses, as to which he shall have testified, and no testimony given, or paper, document, or record produced by any witness before either house of the legislature, or committee of either house, or joint committee of the two houses, shall be competent testimony, or be used in any civil or criminal proceeding against such witness in any court of justice, except upon a prosecution for perjury committed in giving such testimony; and no witness shall be allowed to refuse to testify to any fact, or refuse to produce any papers, documents, or records, touching which he shall be examined by either house, or a committee thereof, or a joint committee of the two houses, for the reason that the testimony touching such fact, or the production of such paper, document or record, may
tend to disgrace him, or otherwise render him infamous. False testimo- Sec, 9. If any person examined by or before any ny-punish- committee of either house of the legislature, or a joint ment.
committee of the two houses, shall willfully swear or affirm falsely in regard to any matter or thing respecting which such oath or affirmation is required or authorized, such person shall be deemed guilty of perjury, and shall be punished by imprisonment in the State prison not more than five years, nor less than two
years. Subpæna, Sec. 10. The subpæna authorized by the first section what it may of this act, may require any officer of any corporation .
in this State, or other person having custody of the keys, books, records, papers and documents of any such corporation, to produce before such committee such keys, books, records, papers and documents of such corporation, and a neglect or refusal to comply with such mandate of such subpæna, shall be punished as provided in section two of this act.
SEC. 11. This act shall be printed immediately after its passage, and when so published shall take effect.
Approved Februay 3, 1858.
Published February 10th, 1858. An Aor for the compensation of the Officers of the Legislature for the
the year 1858. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:
SECTION 1. There is hereby appropriated out of any Appropriated money in the Treasury not otherwise appropriated, a to the officers
of the legislasum sufficient to pay the per diem of officers of the le
ture, 'gislature, as hereinafter mentioned, as follows: to the
chief clerks, each six dollars; to the assistant clerks, each five dollars; and to all other clerks, each four dollars; to the sergeants-at-arms, each five dollars; to the assistant sergeant-at-arm, each four dollars; to the postmasters, each four dollars; to the assistant postmasters, each three dollars and fifty.cents; to the doorkeepers, firemen and their assistants, each three dollars ; to the post-masters? messengers, each two dollars and fifty cents; to all other messengers, each two dollars.
SEC. 2. The per diem hereby established, shall only Per diem only be allowed from the commencement to the adjourn- to be allowed
from comment of the legislature, and each of the officers men
mencement to tioned in this act, is hereby authorized to receive his adjournment per diem from the Treasury on the certificate of the
of the legislasiding officers of their respective houses, as to the number of days' attendance.
SEC, 3. This act shall be in force from and after its passage.
Approved February 4, 1858.
ture.
Published February 10th, 1858. An Aor'tó' change the time of holding the terms of the Circuit Court in
the County of Portage. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:
SECTION 1. From and after the fifteenth day of Feb- Change of ruary, A. D. 1858, the terms of the circuit court shall term time. be held in the county of Portage, in the seventh judi.
oial circuit, as follows, viz. : on the second Monday of May, and the first Monday of November of each and
every year. Writs, &c., re. Sec. 2. All writs, recognizances and other proceedturnable,
ings made returnable to the circuit court of said county of Portage, shall be deemed and considered returnable to the terms of said court, as fixed by this act, and all continuances and notices made or taken to any term of said court, shall be deemed to be made or taken to the terms of said court as the same are fixed by this act; and all motions and other proceedings noticed to be heard at any regular term of said court, shall be deemed and considered to be noticed for hearing at the regular
terms of said court, as the same are fixed by this act. Repealed. Sec. 3. So much of an act entitled " An act to regu
late the terms of the circuit courts in the counties comprising the seventh judicial circuit," approved March 28th, 1856, as relates to the time of holding the terms of said circuit in the county of Portage, is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after publication.
Approved February 5th, 1858.
Published February 11th, 1858.
AN ACT to amend an act entitled " An Act to establish the name and
heirship of an infant, whose name is unknown," approved February 24th, 1857.
The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows :
SECTION 1. The preamble to the aforesaid act is hereby so amended, that where the years 1754 occurs in the third line of said preamble, 1854 shall be read in lieu thereof.
SEC. 2. This act shall take effect and be in force from and after its passage.