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Evidence reduced to writ

ing.

Witnesses recognized.

"The same oath which A. B. your foreman has just now taken on his part, you and each of you, do solemnly swear, (or affirm as the case may be,) to keep on your respective parts, so help you God." And it shall be the duty of the jurors sworn as aforesaid, to inquire how, in what manner and by whom or what the same body came to its death, and all other facts of, and concerning the same, together with all other material circumstances, in any wise relating to or connected with the said death, and make up and sign a verdict and deliver the same to the coroner.

SECTION 4. Be it further enacted, that the said corWitnesses com- oner shall have power to summon or cause to be sumpelled to attend, moned, and compel the attendance of all such witnesses whose testimony may probably be requisite to the proving of any fact or circumstance relating to the object of such inquest, and to administer to such witness the proper oath; and if the evidence of any witness shall implicate any person or persons, as the unlawful slayer of the person over whom the said inquisition shall be held, the said coroner shall reduce the said evidence to writing, and cause the same to be subscribed by the witness so giving it, and shall further recognize any such witness in such sum as he may think proper, to be and appear, at the next term of the district court for said county, there to give evidence of the matter in question and not depart without leave; and if any witness shall refuse to enter into such recognizance, it shall be the duty of said coroner, to commit the witness so refusing to the common jail of the county, there to remain until the next term of the district court, and Verdict, &c. re- the coroner shall carefully seal up and return to the clerk of the district court of said county, the verdict of the jury, the evidence so taken and subscribed, and the recognizances, together with all other papers and process relating to such inquest. And the coroner shall have power to commit to the common prison of the county any witness in attendance who shall refuse to be sworn or affirmed or when sworn or affirmed, shall obstinately refuse to answer such questions, touching the subject matter under consideration as may be proposed to him: provided always, that such questions shall not implicate such witness.

turned to dis

trict court.

Penalty on witnesses.

SECTION 5. Be it further enacted, that if at any inquisition held under the authority of this act, any person

apprehended

or persons shall be implicated with the unlawful slay. How accused, ing of the body in question, it shall be the duty of the and committed. coroner to apprehend the person so implicated and take him before some one or more justices of the peace or judge of the proper county, where the charge may be inquired into, and the person thus accused, be discharged or committed to the common jail of the county, there to remain until discharged by due course of law.

SECTION 6. Be it further enacted, that the coroner,

as soon as the verdict of the jury shall have been ren- Burial of dedered, shall take immediate measures to bury the ceased. body which may have been the object of the inquest,

the expense attending the burial to be paid out of the How funeral deceased person's estate, if sufficient there be, if not, expenses paid. by the county: provided, however, that if any friends of the deceased, shall request to have the burial of the said body at their own expense, it shall be the duty of the coroner to deliver up the dead body, to such friends requesting the same.

deceased sold

SECTION 7. Be it further enacted, that if there be found on or about said body any money, papers, goods How goods of or other valuable thing or things, the said coroner and disposed of. shall, after giving ten days notice of the time and place, proceed to sell the same, if goods, and deposit the proceeds of such sale, together with all papers and money so found, in the county treasury, taking the treasurer's receipt for the same, there to remain, subject to the order of the legal representatives of the said deceased, if claimed within five years thereafter, and should such money or other things not be claimed within the time aforesaid, then the same shall be for the use of the county: provided, that nothing herein contained Proviso. shall prevent the whole, or any part of said money being liable to the payment of the coroner's fees or funeral expenses: provided, however, that the section shall not extend to any person, except he shall have been a stranger or a non-resident.

SECTION 8. Be it further enacted, that in case of

the absence of the coroner, any magistrate being noti- If no coroner, fied of any dead body as before mentioned, shall be then a justice to authorized and required to perform the duty of the

coroner, as pointed out in this act.

SECTION 9. Be it further enacted, that all acts and parts of acts, under the existing laws of Michigan, pre

act.

pealed.

Former acts re- scribing the duties of coroner, be and the same are hereby repealed: provided, that the coroner elected under the laws of Michigan, shall continue in office and execute the duties thereof under the provisions of this act, until others shall be duly elected.

Proviso.

SECTION 10. This act to take effect, and be in force, from and after its passage.

P. H. ENGLE,

Speaker of the house of representatives.
HENRY S. BAIRD,

President of the council.
H. DODGE.

Approved Nov. 29, 1836.

district courts

appointed.

No. 6.

AN ACT to authorize the judges of the supreme court to appoint clerks to the several courts of their respective districts in the . first instance.

WHEREAS, doubts have arisen, whether the judges of the supreme court are authorized, by the act of congress establishing the territorial government of Wisconsin, to appoint the clerks of the district courts of their respective districts, previous to holding the first term therof:

AND WHEREAS, the interest of the territory requires, that such appointment should be made as soon as practicable: Therefore,

SECTION 1. Be it enacted by the council and house of How clerks of representatives of the territory of Wisconsin, That the judges of the several districts within the said territory, shall appoint a clerk of each court of their respective districts, previous to holding the first term of each court, and the clerk so appointed shall issue writs and process, and do and perform all the duties that may properly be required of the clerks of the said courts, and shall hold their several appointments until the first term of the court for which they shall be respectively appointed, and until their succeasors are appointed and qualified.

SECTION 2. This act to take effect and be in full force from and after its passage.

P. H. ENGLE,

Speaker of the house of representatives.
HENRY S. BAIRD,

President of the council.

H. DODGE.

Approved Nov. 17, 1836.

No. 7.

AN ACT to incorporate the stockholders of the Miner's bank of
Dubuque.

Dubuque.
Capital stock,

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That a bank shall be established in the town of Dubuque, in Du- Miner's bank of buque county, and territory, aforesaid, the capital stock whereof be two hundred thousand dollars, to be divid- what. ed into two thousand shares of one hundred dollars Shares, what. each, and the subscriptions towards said stock shall be opened as soon as may be convenient, after this act shall be approved by the congress of the United States. The subscription shall be opened in the said county, and at such other places as the commissioners may think proper, and be kept open until the stock is subscribed, under the superintendence of Ezekiel Lockwood, Francis Gehon, John King, William Myers, Directors, Lucius W. Langworthy, Robert D. Sherman, William W. Corriell, Simeon Clark and E. M. Bissell, who are hereby appointed commissioners, to receive the subscriptions to the said capital stock, and the said commissioners shall be the first directors; they shall choose one of their number for president and they shall give at least thirty days notice of the time and place of opening said subscription, in one or more newspapers printed in said county, and they shall hold their offices until the first election for president and directors takes place.

SECTION 2. The commissioners shall proceed to

whom.

distribute the capital stock of the said corporation, Stock, how apamong the subscribers thereto, and in case there shall portioned.

How instal

when.

be subscriptions for more than the amount of such stock, within the first three days that the books are opened, it shall be the duty of the commissioners to apportion the same among the subscribers thereto in rateable proportion, to the amount subscribed by the respective individuals; but in case the whole of the capital stock shall not have been subscribed at the expiration of the three days, the commissioners shall continue the books open as long as they may deem necessary, to have the whole of the remaining shares subscribed.

SECTION 3. That one tenth of the amount of each share, shall be paid to the said commissioners at the ments paid and time of subscribing, and the balance shall be paid in such instalments, and at such times as the directors or a majority of them, for the time being, shall direct and appoint: provided, that whenever the payment of any instalment is required by the directors, they shall give at least ninety days notice thereof, in a newspaper, printed in the county, if there should be any published at the time; if not, then in the newspaper published in the territory the nearest to the said bank, but no one instalment shall exceed ten dollars on each share.

Corporation name, &c.,

what privileges of company.

SECTION 4. All such persons as shall become stockholders of said bank, shall be, and are hereby ordained, constituted and declared to be, until the 1st day of May, which will be in the year of our Lord 1857, a body corporate and politic, in fact and in name, by the name of the president, directors and company of the Miners' bank of Dubuque, and by that name, they and their successors shall and may have continual succession during the term aforesaid, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever, and they and their successors may have a common seal, and may change and alter the same at pleasure; and they and their successors, by the name of the president, directors and company of the Miners' bank of Dubuque, shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of said corporation : provided, that it shall not be lawful for the said corporation to hold real estate for an amount exceeding one-tenth

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