district courts may make and record all such rules and regulations respecting the trial and conducting of business, both in term and vacation, as the discretion of the said court and judges shall dictate, not contravening the laws of the United States or of this territory, and in order that the rules of practice and proceedings of the district courts may be uniform and as near as may be conformable to the rules of the supreme court, the clerk of said court shall from time to time transmit copies of the rules to the clerks of the district courts, and the judges of said courts shall from time to time make rules agreeably thereto, as near as may be for the practice of their courts respectively. clerks. SECTION 11. Be it further enacted, That the clerks Duties of of the several district courts shall issue process in all cases originating in their respective counties; they shall make, keep and preserve complete records of all the proceedings and determinations of the courts, of which they are clerks, and do and perform in the county all the duty enjoined on them by law, and they shall have power to issue the subpoena for witnesses to any county in this territory, and they shall be entitled to such fees and compensation for their services as now are or hereafter may be allowed them by law; and if any clerk of a district court or the clerk of the supreme court shall neglect or refuse to perform any of said duties, or shall in any manner be guilty of malfeasance in office, he shall, upon proper complaint being made, and upon conviction, be removed from office. SECTION 12. Be it further enacted, That the clerk of Clerks may sp the court and the clerks of several district and how. point deputies, supreme courts may appoint, by writing, under their hands and seals, and entered upon record, some competent persons to be approved of by the several courts respectively, their deputy, who shall reside at the place where such clerk's office may be held, and who in case of sickness, death, or absence of the clerk, shall be authorized and empowered to execute and perform all the duties of the clerk until he shall return to the duties of his office, or another shall be appointed; and any thing done or performed by such deputy, shall be considered as valid and effectual as though the same had been done or performed by the clerk; and every clerk shall be liable for the acts and doings of his deputy. Special term in criminal cases stance. SECTION 13. Be it further enacted, That whenever at prisoner's in- any person shall be in the custody of the sheriff of any county charged with any capital offense, or any other offense not bailable by law, it shall be the duty of such sheriff, provided such person shall desire a trial, to give information in writing to the judge of the district court of said county, or in case of his absence or disability, to the judge of the adjoining district, whose duty it shall be to issue a precept under his hand and seal to the sheriff of said county, to summon twenty-three grand jurors and thirty-six petit jurors, to attend at the place provided for holding the district court for said county on a day therein mentioned, which shall not be less than twelve nor more than thirty days from the date of such precept. How special term had. Proceedings at special term. Power of adjournment, &c. General powers of supreme and SECTION 14. Be it further enacted, It shall be the duty of the sheriff, on receiving the precept aforesaid, to give notice by advertisement, to be posted at the door of the place provided for the holding said court, at least five days before the return of the precept, of the time of holding a special term of the district court: provided, that there shall be no such special term of the district court, when the time for holding the usual term of the said court shall be within fifty days from the time the judge receiving the notice from the sheriff. SECTION 15. Be it further enacted, That the said district courts when met pursuant to this act, shall have authority to adjourn to any day which may be adjudged reasonable and expedient, for the fair and impartial trial of the person who may be brought before it, and in case the requisite number of grand and petit jurors shall not attend at the time specified in such precept, or the number of petit jurors be reduced by challenge below the number of twelve, the court may order the sheriff to complete the panel of the grand or petit jurors from the by-standers, or award a venire de novo for a grand or petit jury, as the case may require. SECTION 16. Be it further enacted, That the said sudistrict courts. preme and district courts shall respectively have power to administer all necessary oaths for promoting justice between parties, or necessary to the correction and punishment of offenders, and shall have power and authority to punish by fine and imprisonment, or both, at the reasonable discretion of the court, all contempts offered by any person or persons to them while sitting as such, or for disobeying any of its orders, rules or process, issued or made. how far repeal SECTION 17. Be it further enacted, That all acts and Former acts parts of acts now in force in this territory, under the ed. existing laws of the territory of Michigan, so far as the same may be applicable to, and consistent with the objects and provisions of this act, be and the same are hereby applied to the said supreme and district courts, and all officers thereof, and shall be obligatory thereon. P. H. ENGLE, Speaker of the house of reperesentatives. President of the council. H. DODGE. Approved Dec. 8, 1836. No. 10. AN ACT to incorporate the stockholders of the bank of Mineral Point. SECTION 1. Be it enacted by the council and house of Bank of Minrepresentatives of the territory of Wisconsin, That a bank eral Point. shall be established in the township of Pecatolica, in the village of Mineral Point, the capital stock whereof Capital stock, shall be two hundred thousand dollars, to be divided $200,000. into shares of one hundred dollars each, and the sub Shares, $100. scriptions towards said stock, shall, on the first Tuesday of May next, be opened at Mineral Point, under the superintendence of Wm. S. Hamilton, John F. Who commisO'Neille, Moses M. Strong, James Morrison, John ceive subscrip. Atchison, Richard McKim and Garnt V. Dennison, tions. who are hereby appointed commissioners to receive the subscriptions to the said capital stock, who shall bethe first directors, and are authorized to elect their presi Commissioners dent from their own number, and to conduct every org. operation of the institution, until the first election for directors and president shall take place; and they shall give at least thirty days' notice of the time and the first direct Their powers and duties. How shares paid in. place of opening said subscriptions in one or more newspapers printed in the county of Iowa, and the books for receiving the subscriptions aforesaid, shall continue open for six days, and until the whole number of shares are subscribed; and if the subscriptions to the said capital stock shall, within six days after the same are opened exceed the amount authorized by this section, it shall be the duty of the directors to deduct such excess in a proportional manner, from the largest number of shares subscribed, in such a manner. that each person subscribing, who is a citizen of this territory, shall be entitled to at least five shares, if he subscribed so many. SECTION 2. That one-tenth of the amount of each share shall be paid to the directors in specie, at the time of subscribing, and the balance shall be paid in such instalments and at such times as the directors for the time being may require: provided, that whenever the payment of an instalment is required by the directors, they shall give at least sixty days' notice thereof, in some newspaper published in the county of How payment Iowa, aforesaid; but no one instalment shall exceed ten dollars on each share, and in case any stockholder shall fail to pay in any, or either instalment at the time when the same shall be so called for and directed to be paid, the share or shares upon which such instalment shall be so called for, and unpaid at the end of the said sixty days, and the whole amount previously paid thereon, shall be absolutely forfeited to the other stockholders of said bank. of shares en. forced. Corporate name of bank. SECTION 3. That all such persons as shall become stockholders of said bank, shall be, and they are hereby ordained, constituted and declared to be, until the first day of May, which will be in the year of our Lord, one thousand eight hundred and fifty-seven, a body corporate and politic, in fact and in name, by the name of the president, directors and company of the bank of Mineral Point, and by that name they and their successors shall and may have continual seccession during the time 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 whatever, and in all manner of actions, suits, complaints, matters and causes whatsoever, and that they and their successors may have a common seal, and may change and alter the same at their pleasure; and they and their successors, by the name of the president, directors and company of the bank of Mineral Point, shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the What estate to use of the said corporation provided, it shall not be lawful for said corporation to hold real estate for an amount exceeding one-tenth part of the capital stock actually paid in, excepting, however, the banking house and lot necessarily appertaining thereto. hold. their qualifica SECTION 4. That the stock, property, affairs and Seven directors concerns of the said corporation, shall be managed and tions. conducted by [a board] of seven directors; the said directors shall be residents and citizens of this territory, one of whom shall be president, who shall hold their offices for one year, and until others are chosen and be stockholders, and shall be elected on the first Monday of July annually, at the banking house of said stockholders; and public notice shall be given in some newspaper printed in the county of Iowa, at least sixty days previous to holding such election; and the said election shall be held and made by such of the stock- How elected. holders of the said bank as shall attend for that purpose, either by person or proxy, which proxies shall always be stockholders, and the plurality of votes shall be sufficient for a choice; and if it should happen at any election, that two or more persons shall have an equal number of votes, then the directors in office at the time of such election, or a majority of them, shall proceed to ballot, and by a plurality of votes, determine which of the said persons so having an equal number of votes, shall be director or directors, so as to complete the whole number of seven; and the said directors chosen at such elections, as soon as may be thereafter, shall proceed in like manner to elect one of their num ber to be president. And if any director shall cease to be a stockholder, his office shall be considered How vacancy vacant, and whenever any vacancy shall happen among the directors, by death, resignation, removal or otherwise, such vacancy shall be filled for the remainder of the year in which the same shall happen, by such person or persons as the remainder of the directors, for the time being, or a majority of them, shall appoint. supplied. |