ARTICLE XIV.

XIV ARTICLE XIV.

SCHEDULE

XIV,1 Effect of change from territory to state. Section 1. That no inconvenience may arise by reason of a change from a territorial to a permanent state government, it is declared that all rights, actions, prosecutions, judgments, claims and contracts, as well of individuals as of bodies corporate, shall continue as if no such change had taken place; and all process which may be issued under the authority of the territory of Wisconsin previous to its admission into the union of the United States shall be as valid as if issued in the name of the state.

XIV,2 Territorial laws continued. Section 2. All laws now in force in the territory of Wisconsin which are not repugnant to this constitution shall remain in force until they expire by their own limitation or be altered or repealed by the legislature.

XIV,3 Territorial fines accrue to state. Section 3. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,4 Rights of action and prosecutions saved. Section 4. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,5 Existing officers hold over. Section 5. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,6 Seat of government. Section 6. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,7 Local officers hold over. Section 7. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,8 Copy of constitution for president. Section 8. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,9 Ratification of constitution; election of officers. Section 9. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,10 Congressional apportionment. Section 10. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,11 First elections. Section 11. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,12 Legislative apportionment. Section 12. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,13 Common law continued in force. Section 13. Such parts of the common law as are now in force in the territory of Wisconsin, not inconsistent with this constitution, shall be and continue part of the law of this state until altered or suspended by the legislature.

Enactment of s. 905.01 is an alteration or suspension of the common law. Davison v. St. Paul Fire & Marine Ins. Co. 75 Wis. 2d 190, 248 N.W.2d 433.

The common law privilege to forcibly resist an unlawful arrest is abrogated. State v. Hobson, 218 Wis. 2d 350, 577 N.W.2d 825 (1998), 96-0914.

This section does not codify English common law circa 1776, but preserves law that by historical understanding is subject to continuing evolution under the judicial power. The supreme court court has authority not only to alter but also to abrogate the common law when appropriate. The court's responsibility for altering or abolishing a common law rule does not end due to legislative failure to enact a statute to the contrary. State v. Picotte, 2003 WI 42, 261 Wis. 2d 249, 661 N.W.2d 381, 01-3063.

XIV,14 Officers, when to enter on duties. Section 14. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,15 Oath of office. Section 15. [Repealed Nov. 1982; see 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.]

XIV,16 Implementing revised structure of judicial branch. Section 16. [Created April 1977; as affected Nov. 1982, (1), (2), (3) and (5) repealed.]

XIV,16(4) (4) [Amended Nov. 1982] The terms of office of justices of the supreme court serving on August 1, 1978, shall expire on the July 31 next preceding the first Monday in January on which such terms would otherwise have expired, but such advancement of the date of term expiration shall not impair any retirement rights vested in any such justice if the term had expired on the first Monday in January. [1975 J.R. 13, 1977 J.R. 7, vote April 1977; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]

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