Imagens das páginas

of the Governor to cause the same to be performed and executed
by some other person.

Speaker House of Representatives,


President of the Council.
APPROVED, January 31, 1846.


[ocr errors]

Courts where held.

[ocr errors]

AN ACT to change the time of holding couris ira

certain counties in the Second Judicial District.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. The District Couri shall be holden at the county seat of the several cosmics in the second judicial district hereinafter mentioned, at the times specified herein, to wit: Dane county, the last Monday in April, and the sixth Monday after the fourth Monday in October: Suk county, the second Monday in May, and the third Jonday in Oc.ober: Portage county, the second Monday in September: Jente, son county, the third Monday in May, and fourth Monday in Oclot: Walworth county, the fourth Monday in May, and the first Monday after the fourth Monday in October: Rock conniy, the secon.

Monday after the fourth Monday in May, anų ihe third Monday a.

fier the fourth Monday in Ociober: 'Green county, the fourth Mon, ay after the fourth Monday in Alay, and the fifth Monday afic: the fou. th Moa-. day in October.

Sec. 2. All writs, summons, process, indict, nent, recognszance and other proceedings in any of the said coun

s which now are, or may heressier bo made returnable in any of sa.

d courts in the first section mentioned, at any time after this act sha.

'I take ef. fect, shall be considered as returnable at the time fixed for


[merged small][ocr errors]

the spring terms of said courts, and all adjournments, appearances,
continuances, motions and notices of any proceedings in said
courts, which are inade or taken to any term subsequent to the
time this act shall take effect, shall be held to be made and taken
for the time fixed by this act, for holding the spring term of said
cours. -
Sec. 3. So much of any and all former acts as conflict with
the provisions of this act, are hereby repealed.
Speaker of the House of Representatives.
President of the Council.
APPRoy Ed, February 3rd, 1846.

AN ACT to provide for the more convenient mode of contesting the election of county and other of ficers.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

Section 1. That hereafter any person wishing to contest the election of any person to any county or township office, except the office of chairman of town supervisors, shall give notice in Notice how writing to the person whose election he intends to contest, that given. his election will be contested, and stating the cause for such contest briefly, within thirty days from the time said person shall claim to have been elected.

Sec. 2. Said notice shall be served in the same manner as a How served. summons issued by a District Court, ten days before any hearing upon such contest as herein provided, shall take place, and shall state the time when and the place where such hearing shall be

had. Upon the return of said notice served to the clerk of the District Court of such county, who shall thereupon enter the same upon the issue docket as an appeal case, the same shall be heard in its order by the court: Provided, That if the case cannot be. determined by the District Court in term time, within one month alter the termination of such clection, the Judge of the district may hear and determine the same at chambers, as soon thereafter

as day be practicable, and shall make all necessary orders for the Proviso.

trial of the case,and carrying his judgment into efiect: Provided, that this section shall not apply to township officers.

Sec. 3. In case of a contest between any persons claiming to. be elected to any township office, except as aforesaid, said notice shall be served in manner aforesaid, and shall be returned to the Judge of Probate of the county in which the parties reside. Upon.

the return of said notice served, to the said Judge of Probate, Judge of Pros and on the day, and at the place therein named, the said Judge. bate lo try.

of Probate shall bear and determine such contest, and shall makeall necessary orders for the trial of the case and carrying his

judgment into effect. Subpenas

Sec. 4. Each party shall be entitled to subpenas and subpe. awarded. nas duces tecum as in ordinary cases al law; and the court shall

hear and determine the same in such manner as shall carry into, effect the expressed will of a majority of the legal voters, as indicated by their votes polled for such office, not regarding technicalities or errors in spelling the name of any candidate for such of fice. And the clerk of said court or said Judge of Probate shall. issue certificate to the person declared to be duly elected by said, court, which shall be conclusive evidence of the right of said per:. son to hold said office,

Sec. 5. The clerk of the board of supervisors, or the clerk of the board of county commissioners, or the clerk of any town as. aforesaid, shall not construe the statutes concerning the opening of the election returns so as to decide all inatters of law and fact

þimself, bui the clerk aforesaid, and the two justices he shall call Who to con

to his assistance, shall constitute a board, a majority of whom stitute a board shall decide all matters of disagreement; and said board shall dis. to canvass.

regard technicalities and miss-spelling, or abbreviations of the names of candidates for office, if it can be ascertained from such voles, or otherwise, for whom they were intended: but they shall not count votes polled in any place but established precincts; and

a breach of ihe provisions of this section shall be deemed a misdemeanor in office and be punished accordingly.

Sec. 6. This act shall noi be so construed as to impair in any way, the right of any person to contest any election in the manner now prorided by law.

APPROVED January 22, 1846.

AN ACT relating to the purchase and redemption

of real estate sold on execution.

Be it ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. The tenth section of the act entitled "an act to Secțions reamend an act of the Revised Statutes of Wisconsin Territory en.

pealed and re

yived. titled 'an act concerning judgments and executions,”” is hereby repealed; and the seventieth and eighty-first and eighty.second sections of ihe act entitled "an act concerning jndgments and ex• ecutions,” are hereby revived and brought into full force. Sec. 2. No deed of real estate sold on execution, shall be giv

Time when

deed given. en by the sheriff until the expiration of twenty-seven months from the time of such sale. Sec. 3. No person shall acquire the rights of the original pur- Title how ac

quired, 'chaser of real estate sold on executions, until he shall have paid the sum of money which was paid on the sale of such real estate, Yogether with interest thereon, at the rate of ten per cent, a year from the time of such sale, and when any person has acquired such sighis, he shall not be divested of them until he shall have been repaid the sum paid by him, together with interest at ten per cent. per annum from the time of such payment; and the seventy-first and the seventy-fifth sections of the act entitled “an Former ace act concerning judgments and executions," are hereby amended amended. accordingly.

Sec. 4. This act shall take effect and be in force from and after its passage.

APPROVED January 21, 1846.

AN ACT to amend the scveral acts of this Territo

ry concerning the Supreme and District Courts.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

Section 1. If from any cause, only two of the Judges of the

Supreme Conri shall be present at the argument of a cause, and When judges they cannot agree in their opinion, the cause shall be re-argued cannot agrée.

before a full couri; but if one of the Judges cannot sit in the cause, and the court shall be divided in opinion, the judgment of the court below shall be affirmed.

Sec. 2. In all cases where the judgment of the court below has been superceeded by a writ of error, and the judgment shall be affirmed by the Supreme Court, the Supreme Court shall

award ien per cent. damages upon the amount of the judgment award dama

below, exclusive of interest and costs, and execution shall be is. ge8.

sued iherefor in favor of ihe defendant in crror.

Sec. 3. No discontinuance, non-suit, dismissal, or quashat of a writ of error in the Supreme Court, shall preclude the party from suing out another writ of error in the same cause withio the time limited by law.

Sec. 4. The District Courts of the Territory shall hare oriJurisdiction of ginal jurisdiction in all cases of mandamus and quo warranto, and Dist'ct Courts. in all such cases the final judgment of the District Couris may be

re-examined in the Supreme Court upon writ of error duly suėd

out and prosecuted as in other cases. Proceedingsin

Sec. 5. Proceedings in quo warranto shall be by information; quo' warranto. and the writ of quo warranto is hereby abolisbed. A rule to show

Court to

« AnteriorContinuar »