wise, that such successor in office as shall be appointed shall perform the duties in the district of the judge or justice so succeeded. change districts. edied. SECTION 4. That the chief justice and associate judges of the supreme court, may interchange and Judges may exhold each other's district courts as often as they may agree to do the same; and in case of the absence of one of the district judges from the territory, it shall be in the power of the judge of the adjoining district (considering the first to be adjoining to the third and Absence of the second to be adjoining to the first) to perform dis. Judge, how remtrict duties in the place and during the absence of the proper judge of the district; and the said chief justice and associate judges of the supreme court, may award Either of judges writs of habeas corpus, ne exeat, certiorari, and injunc- habeas corpus, tion, which said writs shall run and have force in each &c. other's district, as if such acts and writs were done and issued by the proper judge of the district: provided always, that any duty to be performed by a judge, in any adjoining district, shall not conflict or interfere with the proper duties of his own district. to issue writs of for 5 days, on SECTION 5. If the chief justice, or any of the associate judges, shall fail to attend in any county, in their respective districts, on the day appointed for commencing the term of the district court therein, as required by law, the court shall be adjourned from day to day, not exceeding five days; and if the judge shall Court adjourned fail to attend by 4 o'clock in the afternoon of the fifth failure of atday of the term, the court shall stand adjourned until tendance of the next succeeding term of the court, and all writs, process, indictments, recognizances and other proceedings shall stand continued over until the next term of the court as effectually as if the same had been continued by order of the court. judge. SECTION 6. There shall be two terms of the district courts held annually in each of the counties, now organized in the territory, at the court house thereof, or place provided for holding court, which term shall commence at the respective times hereinafter specified, Terms of which said terms shall be commenced and held at the courts, where respective times, following to wit:-In the county of Crawford, on the first Monday in May and September, and in the county of Iowa, on the third Monday in May, and first Monday in October; in the county of Dubuque, on the first Monday in May and second and when. Clerks of distake charge of from county and circuit courts. trict courts to records, &c. Monday in October; in the county of DesMoines, on the first Monday in April, and first Monday in September; in the county of Brown, on the fourth Monday in May, and second Monday in October; in the county of Milwaukee, on the second Monday in June, and first Monday in November. SECTION 7. It shall be the duty of the clerks of the several district courts established by this act, immediately upon assuming the duties of their respective foffices, to take into their charge the records of all writs, process and proceedings, and all indictments and informations which were undetermined on the 3d day of July last, in the several county courts of the counties of Crawford, Brown, Iowa, Dubuque, Milwaukee and Des Moines; and the circuit courts of the counties of Iowa, Crawford and Brown, and transfer the same into the several district courts, which may include the said counties respectively, where the same shall be heard, tried and determined; and to take possession of and preserve all records, books, papers, process and proceedings, as may appertain to any former suit or proceedings in the said county or circuit courts, whether determined or undetermined; and the clerks of the said county or circuit courts, or any of them, or any other person who may have possession of the same, who shall refuse or neglect to deliver the same, upon application of the clerk of the district of the proper county, are hereby declared guilty of a misdemeanor, and liable to be punished by fine and imprisonment. SECTION 8. This act to be in force and take effect from and after the passage hereof. P. H. ENGLE, Speaker of the house of representatives. President of the council. Approved Nov. 15, 1836. No. 3. AN ACT to authorize the secretary of the territory to borrow money to defray the expenses of the first session of the legisla tive assembly. borrow $10,000 SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the secretary of the territory be and he is hereby author- Secretary to ized to borrow, at an interest not exceeding six per cent. per annum, such sums of money as may be wanted to defray the expenses of the first session of the legislative assembly, not to exceed in the whole the sum of ten thousand dollars, for the payment of which, an appropriation, to be asked for from the congress of the United States for that purpose, is hereby pledged. P. H. ENGLE, Speaker of the house of representatives. Approved Nov. 15, 1836. Preeident of the council. No. 4 AN ACT to amend an act entitled, "An Act to provide for the appointment of sheriffs, and to define their duties and powers,' passed by the legislative council of the territory of Michigan, on the 23d day of April, A. D. 1833. SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That so much of the second section of the act entitled, "An act to provide for the appointment of sheriffs, and to define their duties and powers," passed by the legislative council of the territory of Michigan, on the 23d of April, A. D. 1833, which requires the bonds of Sheriff's bond, said sheriff to be approved of by two judges of the how approved. county or circuit court of the proper county, be and the same is hereby repealed; and that the said bonds of the sheriff of the several counties may hereafter be approved by the judge of the district court of the Former act, how far binding. proper county, or by two justices of the peace of the same county, in the same manner as the said judges of the county or circuit court might have done by virtue of said act. SECTION 2. That the said act, so far as the provis Speaker of the house of representatives. President of the council. H. DODGE. Approved Nov. 17, 1836. ty. Term of two years. No. 5. AN ACT prescribing the duties of Coroners. SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That there Coroners elect shall be elected in each of the several organized couned in each coun- ties in this territory, a coroner, whose term of service shall be for two years, and whose duty it shall be to execute all process in their respective counties, in all cases where just exception can be taken to the sheriff or his deputy or his deputies, or where there is no sheriff; and in all cases upon affidavits made and filed of any court of record of this territory, of the partiality, prejudice, consanguinity or interest of the sheriff or of the deputy of the sheriff, of any county where suit is about to be brought or shall have commenced, How and where it shall be the duty of the clerk to issue and direct to act. original or other process, in the suit, to the coroner, who shall execute the same and attend to the same throughout, in the same manner as the sheriff would or ought to have done; and that hereafter the partiality, prejudice, consanguinity or interest, of any sheriff or of any deputy, shall not be cause for a change of venue, but the coroner shall perform the duties above prescribed; or if there should be no coroner, some proper person to be appointed by the clerk, shall sup- Coroner. case of death calamity, &c. juror failing to SECTION 2. Be it further enacted, that every coroner, as soon as, and whenever he shall be informed, or Duties of know of the body of any person being found dead, supposed to have come to his or her death by violence, calamity or any undue means, shall forthwith proceed to summon a jury of twelve good and lawful men, of the Summon jury in neigborhood where said dead body shall be found ly- by violence or ing or being, to repair at such time as he shall direct, to the place where said dead body may be, to inquire (upon a view of said body,) how and in what manner, and by whom or what he or she came to his or her death; and in case any juror or jurors so summoned, Penalty on shall fail, neglect or refuse to attend, the said coroner attend. shall summon another or others from among the bystanders to serve in his or their place, and every person so summoned as a juror or jurors, neglecting, or refusing to appear at the time and place required, without having a reasonable excuse for such failure, neglect or refusal, shall forfeit the sum of five dollars to the county, to be recovered before any justice of the peace of said county, on the certificate of the coroner, that he failed, neglected, or refused, without a reasonexcuse therefor. And it is hereby made the duty of the coroner to report such failure to some one justice of the peace of said county. SECTION 3. Be it further enacted, that as soon as the said jurors shall have assembled at the place where the said dead body may be lying, or being, the coroner shall designate one of the number as foreman, and administer to him an oath in the following form, to wit: "You, as foreman to this inquest, do solemnly swear, Juror's oath. (or affirm, as the case may be,) that you will diligently enquire, and true presentment make, how, in what manner, and by whom or what the body which now here lies dead came to its death, and that you will deliver to me, the coroner of this county, a true inquest there- Inquest of jury. of, according to such evidence as shall be given you, according to the best of your knowledge and belief, so help you God;" and to the other jurors one as follows: |