To be paid out of the fines.

Constables,

and sheriff's fees.

Who to audit accounts.

brigade inspector until he shall have furnished evidence to the auditor of his having made out and transmitted the inspection return of his brigade to the adjutant general and a copy thereof to his division inspector; nor shall any payment be made to a division inspector until he shall have furnished like evidence of his having made out and transmitted his division return to the adjutant general and the commandant of his division.

SECTION 23. There shall be allowed and paid out of the fines imposed by each regimental or battalion court martial, and received by the president thereof,

1st. To the president, one dollar and fifty cents for each day he may be actually employed in holding the court, or engaged in the business thereof.

2d. To each member of the court, one dollar and fifty cents, for each day he may sit as such member or may be engaged in traveling to or from the court, allowing twenty miles for a day's travel.

3d. To the non-commissioned officer or other person who shall have summoned delinquents to appear before the court, one dollar and fifty cents for each day he may have been necessarily so employed, and the same sum for each day of his attendance on the court.

SECTION 24 No other sums or expenses whatever shall be charged on the fines received by the president of any such court, but the president, members and officers, shall defray the expenses out of the fees allowed to them respectively.

SECTION 25. Each constable to whom a warrant for the collection of fines may be directed, shall be enti tled to the same fees and be subject to the same penalties for any neglect, as are allowed and provided for on executions issued out of justices courts.

SECTION 26. For all other services and commitments under this act, the sheriff, jailer and constable executing the same, shall be entitled to the like fees as for similar services in other cases.

SECTION 27. The accounts of all persons, who, under this article, are entitled to be paid out of the treasury, shall be audited by the auditor, and of all persons who are to be paid out of the fines imposed by a regimental or battalion court martial, by the officer ordering the court.

SECTION 28. The auditor, on the application of the

governor, may draw his warrant on the treasurer, for such sum of money as may be requisite in the execution of the provisions of this act, and may require the chief of each staff department to account quarterly for all moneys received by him for purposes connected with his department.

TITLE VIII.

OF THE DUTIES OF CERTAIN STAFF OFFICERS, AND OF
VARIOUS MATTERS CONNECTED WITH THEIR RESPEC-
TIVE DEPARTMENTS.

ARTICLE I.

OF THE ADJUTANT GENERAL.

SECTION 1. The adjutant general shall keep a ros. To keep a ter of all the officers of the militia of this territo- roster, ry, containing the corps to which they belong, the division, brigade and regiment of such corps, and the places of their residence, as accurately as can be ascertained, which roster shall be revised and corrected every year.

SECTION 2. He shall also enter, in a book to be and book. kept for that purpose, a local description of the several regiments, brigades and divisions of infantry, artillery and riflemen.

furnished.

SECTION 3. It shall be the duty of the command- With what to be ants of divisions and brigades, to furnish the adjutant general with a roster of their officers, containing the facts requisite to enable him to comply with the provisions of this article, and also a description of the regiments and brigades.

SECTION 4. The books required by the adjutant general to comply with this article, shall be furnished him at the expense of this territory and shall go to his

successor in office.

SECTION 5. It shall be the duty of the brigade in- Copy of inspectors, to transmit a copy of the inspection return spection return. annually to the adjutant general, and a duplicate of

the same to the division inspector, within thirty days

after the inspection shall be made.

SECTION 6. The adjutant general shall procure, at To procure a the expense of the territory, a seal with some proper seal.

Salary.

Duties of com

device thereon, which shall be the seal of his office, and shall from time to time be delivered to his succes sor in office, and all copies of records or papers in his office, duly certified and authenticated under the said seal, shall be evidence in all cases in like manner as if the originals were procured.

SECTION 7. The adjutant general shall receive for his services, one hundred and fifty dollars per annum.

ARTICLE 2.

OF THE COMMISSARY GENERAL.

SECTION 8. The commissary general shall keep in missary general. good repair the arsenals and magazines of the territory, and attend to the due preservation and safe keeping, cleaning and repairing, of the ordinance, arms, accoutrements, ammunition, munitions of war and imple ments of every description, the property of this territory, and he shall at all times have the control and dis position of the same for that purpose.

When to furnish colors, &c.

Or issue powder and ball.

SECTION 9. He shall dispose to the best advantage, of all damaged powder, and of all arms, ammunition, accoutrements, tools, implements and warlike stores, of every description whatsoever, that shall be deemed unsuitable for the use of the territory.

SECTION 10. He shall from time to time render a just and true account of all sales made by him, with all convenient speed to the governor, and shall pay the proceeds of such sales into the treasury.

SECTION 11. Whenever the commanding officer of a brigade shall certify that a stand of colors, or any drums, fifes, or bugles, are necessary for any battalion in his brigade, the commissary general, with the approbation of the commander-in-chief, shall furnish such battalion with a stand of colors, and a sufficiency of drums, fifes and bugles, at the expense of the territory; but no such drums, fifes or bugles shall be furnished to any brigade at an expense greater than the sum that shall have been theretofore actually paid into the treasury for fines in such brigade.

SECTION 12. The commissary general shall issue the usual allowance of powder and balls to artillery companies for practice, and the several commandants of artillery companies shall annually report to the com

missary general the situation and state of the pieces of ordinance, arms, implements and accoutrements, the property of the territory, entrusted to their charge respectively.

SECTION 13. The commissary general shall report Make annual annually to the commander-in-chief, whose duty it report. shall be to transmit the same to the legislature, a true and particular statement, showing the actual situation and disposition of all the ordinance, arms, ammunition and other munitions of war, property and things, which in any wise appertain to or respect the department confided to his keeping.

SECTION 14. He shall keep a just and true account of all the expenses necessarily incurred in and about his department, and, once at least in every six months, deliver the same to the auditor, who shall thereupon examine and audit the same, and shall draw his warrant on the treasurer for such sum as he shall audit and certily to be due.

SECTION 15. This act to take effect from and after its passage, and all laws contravening the same are hereby repealed.

Approved January 17, 1838.

No. 58,

AN ACT to provide for the appointing of justices of the peace, to prescribe their powers and duties, and to regulate their proceedings.

term of office.

SECTION 1. Be it enacted by the council and house of Number of representatives of Wisconsin territory, as follows: There justices and shall be appointed in each of the organized counties of this territory, as many justices of the peace as, in the opinion of the governor, the public good and the wants of the people may require, and whose term of service shall continue four years unless sooner removed by the governor.

fied.

SECTION 2. No clerk of the district court, or his who disqualideputy, shall hold or exercise the office of justice of the peace.

SECTION 3. Every justice of the peace shall within Oath of office. twenty days after the receipt of his commission, take

Penalty for failure.

Who incapable.

Duty of clerk.

On a division of counties.

Jurisdiction in preliminary matters.

and subscribe an oath to support the constitution of the United States, and the laws of this territory, and to administer equal justice to the poor and the rich, and to faithfully demean himself in office; which oath shall be endorsed on the back of his commission, shall be recorded in the office of the clerk of the district court, and in case of his failing so to do it shall be deemed a refusal of such appointment.

SECTION 4. Any person who shall act as a justice. in violation of the preceding section, shall on conviction thereof by indictment, be fined in a sum not exceeding one hundred dollars, and his acts shall be null and void.

SECTION 5. No person shall be appointed to the office of justice of the peace, who is not a citizen of the United States and who shall not have been an inhabitant of this terrirory twelve months, and of the county for which he is appointed six months before his appointment.

SECTION 6. The clerk of the district court, when he records the commission and oath of any justice of the peace in the manner pointed out by this act, shall certify to the governor the acceptance of such commission.

SECTION 7. When a county shall be divided, any justice of the peace of the original county, who shall fall into the new county, shall continue to discharge the duties of justice of the peace in such new county until his commission expire as if the county had not been divided.

SECTION 8. Justices of the peace shall have pow. er and jurisdiction throughout their respective counties, as follows:

1st. Jointly and severally to cause to be kept all laws made for the preservation of the peace.

2d. To cause to come before them or any of them, persons who shall break the peace, and commit them to jail or bail them as the case may require.

3d. To arrest and cause to come before them, persons who attempt to break the peace, or who are not of good fame, and compel them to give security for their good behavior to keep the peace or both.

SECTION 9. If such persons refuse or neglect to give security, they shall be committed until they find the

same.