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any instalment.

provided, that nothing herein contained, shall be construed to deprive the legislative assembly, in four years from this time, from prohibiting the issuing of notes from this bank of a less denomination than ten dollars, or in ten years from this time, of a less denomination than twenty dollars, if the legislative assembly should deem it expedient to do so.

SECTION 21. In case any subscriber to the stock Non-payment of of this corporation, shall fail to pay any instalment called for, as is provided in section third, his or her stock shall be forfeited, with what may have been paid upon the same, to the corporation: provided, the same be not paid (with the interest thereon, at twelve per cent. per annum) within ninety days after the time when it is due, agreeable to the notice of the commissioners or directors for said instalments.

What done.

SECTION 22. No one director shall be permitted at Credit to direct any one time to become indebted to the bank by loans, endorsement or otherwise, to an amount exceeding five thousand dollars.

or, extent of.

A public act.

Charter, how forfeited.

SECTION 23. That this act be and the same is hereby declared to be a public act, and that the same be for the time herein before limited, construed in all courts and places benignly and favorably, for every beneficial purpose therein mentioned: provided, that if said corporation shall fail to go into operation, or shall abuse or misuse their privileges under this charter, it shall be in the power of the legislative assembly of this territory, at any time, to annul, vacate and make void this charter.

P. H. ENGLE,

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

Approved, Nov. 30, 1836.

President of the council.
H. DODGE.

No. 8.

AN ACT TO provide for the collection of demands growing out of

contracts for sales of improvements on public lands.

written or ver

of government

valid.

SECTION 1. Be it enacted by the council and house of Contracts, &c. representatives of the territory of Wisconsin, That all bal for sale, &c. contracts, promises, assumpsits, or undertakings, either of improvement written or verbal, which shall hereafter be made in lands, when good faith and without fraud, collusion, or circumvention, for sale, purchase or payment of improvements made on the lands owned by the government of the United States, be deemed valid in law or equity and may be sued for and recovered as in other contracts.

SECTION 2. That all deeds of quit claim or other Quit-claims, &c. conveyances in writing, bona fide made for the trans- binding in law. fer or conveyance of all improvements upon such public lands, shall be as binding and effectual in law, for conveying the title of the grantor in and to the same, as in other cases.

SECTION 3. This act to be in full force from and after its passage.

P. H. ENGLE,

Speaker of the house of representatives.

Approved, Dec. 3, 1836.

HENRY S. BAIRD,

President of the council.
H. DODGE.

No. 9.

AN ACT concerning the supreme and district courts, and defining their jurisdiction and powers.

SECTION 1. Be it enacted by the council and house of Jurisdiction of representatives of the territory of Wisconsin, That the su- supreme court. preme court of the territory shall have and exercise an appellate jurisdiction only, which shall extend to all matters of appeal, error, or complaint, from the judg ments or decrees of any of the district courts, in all matters of law and equity, wherein the rules of law

When held.

To issue writs of habeas cor. 'pus, &c.

Judges in vaca. tion to issue

or principles of equity appear from the records or exhibits of any such court to have been erroneously adjudged or determined; and shall also extend to all questions of law which may arise in the said district courts upon motion for a new trial, in arrest of judgment, or in cases reversed by the said courts; and the said supreme court shall be held at the city of Belmont, in the county of Iowa, on the second Thursday in December, and thereafter on the first Monday of July in every year at the place where the seat of government for the territory is established.

SECTION 2. Be it further enacted. That the supreme court shall have power to issue writs of habeas corpus, mandamus, quo warranto, prohibition, error, supersedeas, procedendo, certiorari, and scire facias, and all other writs and process not specially provided for by statute, which may be necessary to enforce the due administration of right and justice throughout the territory; but no writ of error shall operate as a supersedeas unless granted by order of the court upon motion, or by a judge in vacation, upon inspection of the record.

SECTION 3. Be it further enacted, That the said suwrits of habeas preme court is hereby empowered, authorized and encorpus, error, abled, to take cognizance of all such causes as shall be brought before it in the manner aforesaid, and shall be vested with all power and authority necessary for carrying into complete execution all its judgments, decrees and determinations in the matters aforesaid, and for the exercise of its jurisdiction as the supreme judicial tribunal of the territory, agreeably to the usages and principles of law. And any judge of said court in vacation, shall, on good cause shown, have power to allow writs of error, supersedeas and certiorari, and also to grant writs of injunction and habeas corpus ad subjiciendum.

Judges failing to attend, what done.

SECTION 4. Be it further enacted, That if two of the judges of the said court shall not attend on the first day of the term, the clerk shall enter such fact on record, and the court shall be adjourned until the suc ceeding day, and so from day to day for six days; and if the court shall not be opened within six days, all matters pending in said court shall stand continued of course until the next term, and no action or matter shall abate or be discontinued.

of writs, and

SECTION 5. Be it further enacted, That all writs and Name and style process from the supreme court shall run in the style how issued. of the United States of America, and shall bear teste in the name of the presiding judge, if not interested; but if interested, then in the name of one of the other judges not interested; shall be sealed with the seal of the court and signed by the clerk, and shall be dated the day on which the same may issue; and all original writs from the supreme court shall be returnable on the first day of the term, unless the court in special cases shall otherwise direct, and all other writs and process shall be returnable according to the direction. of the court.

concur in ap

in writing and

district courts.

SECTION 6. Be it further enacted, That no question Two judges to of appeal or of writ of error shall be ordered without peal and error the concurrence of two of the judges; and the said cases. court shall in all cases state the case and give their opinion on all cases which may be before them in writing, which shall be filed with the other papers of the case; and the said court shall appoint some attorney of said court to minute down and make report of all the principal matters drawn out at length, with the opinion of the court, which written opinion the said Court's opinion reporter shall have a right to use after it shall have reported." been recorded by the clerk. SECTION 7. Be it further enacted, That the district Jurisdiction of courts established by an act of the legislative assembly of the territory of Wisconsin, entitled "an act to establish the judicial districts of the territory of Wis consin, and for other purposes," approved the fifteenth of November, one thousand eight hundred and thirtysix, shall have original jurisdiction within their respective districts in all civil actions at law or in equity, of law and when the balance due or the thing demanded shall ex- equity. ceed fifty dollars, and shall have appellate jurisdiction in all cases in their several districts from the probate courts, and the decisions of justices of the peace; and the judges of said courts shall be conservators of the peace, and the said courts in term time, and the judges thereof in vacation, shall have power to award throughout the territory and returnable in the proper county, Civil and crimiwrits of injunction, ne exeat, habeas corpus, and all al law. other writs and process that may be necessary to the due execution of the powers with which they are vested; and the said courts shall respectively have power

Style and name of process, and how issued.

How clerks appointed.

and authority to hear and determine all cases of treason and felony, crimes and misdemeanors of whatever kind that may be committed within any county or place within their respective districts, and that may be brought before them by any rules or regulations provided by law.

SECTION 8. Be it further enacted, That all writs and process returnable in any district court, shall have the same style, and be tested, sealed and signed by the clerk thereof, and be dated and made returnable in the same manner as is above directed in the supreme court, except that writs and process from the district court shall bear teste in the name of the judge of the district.

SECTION 9. Be it further enacted, That the supreme court shall, at its first session, appoint some proper and suitable person as clerk of said court, who shall hold his appointment at the pleasure of said court, and who previous to entering upon the duties of his office, shall take and subscribe an oath that he will truly and faithfully enter and record all the orders, decrees, judg ments, and proceedings of the said court, and faithfully and impartially discharge and perform all the duties of his said office according to the best of his abilities and understanding; and he shall also give bond with sufficient surety to be approved of by the court to the secretary of the territory in the sum of two thousand dollars, conditioned that he will truly and faithfully enter and record all orders, decrees, judgments and proceedings of the said court, and faithfully and impartially discharge and perform all the duties of his office, and he shall hold his office at the place provided for the holding the supreme court; the bond to be given by said clerk shall be lodged with the treasurer How qualified. of the territory. And each of the district courts shall in like manner appoint its clerk, who shall take the same oath, and give the same bond to be approved of by the judges of the district courts respectively as the clerk of the supreme court, and they shall hold their respective offices at the place provided for holding the district courts; the bond of clerks of the district courts shall be filed with the treasurer of the county in which said clerks may be appointed.

Judges to make rnles of prac

tice, &c.

SECTION 10. Be it farther enacted, That the judges of the supreme court and the judges of the several

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