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provements, by paying to the said corporation, the amount actually expended, in the construction and repairs of the same, together with such reasonable interest, not more than seven per centum per annum, as may be agreed upon by and between said state and the corporation: provided however, that in case the congress of the United States shall make any appropriation or donation, either in land or money, in aid of the construction of the work by this act authorized, the right to the same shall vest in said state, whenever the said transfer of the canal shall be made. And the net proceeds of all sales of land and the amount of all money so appropriated or donated, shall be deducted from the amount to be paid to the said corporation, for the transfer of said works to the state. And the said corporation are hereby authorized to apply to congress for such an appropriation, in money or lands, to aid in the construction of the works authorized by this act, as congress in its wisdom shall see proper to grant.

SECTION 23. That the said canal shall not be less Dimensions of than forty feet wide at the top water line, and four canal and locks. feet deep. The locks to be constructed of cut stone, and in a neat, permanent and workmanlike manner, at least eighty-five feet long in the chamber, between the upper and lower gates, and fifteen feet wide in the clear, between the walls; and all culverts, aqueducts, dams and other fixtures, to be constructed in like permanent manner, of such materials and dimensions as the circumstances of the case may require.

SECTION 24. That said company shall not have a right to take the water from any mill which shall have been erected by any person, on any stream, except for the purpose of feeding said canal for the purposes of

navigation.

SECTION 25. Be it further enacted, That in case Pre-emption congress shall make a donation of lands to the right secured. said corporation, for the purpose of aiding and assisting in the construction of said canal, and the lands so donated, or any part thereof, shall be settled upon and improved at the time of such donation, the said corporation shall sell to the person or persons so settled upon one quarter section, or one hundred and sixty acres each, comprehending his, her, or their improvement at one dollar and twenty-five cents per acre: provided,

that the person so settled shall pay to the said corpora. tion the amount due for said lands, within ninety days from the time the said corporation make a demand for the same.

Approved January 18, 1838.

No. 72.

AN ACT to authorize Levi Moffett to keep a ferry across Skunk river, at Moffett's mill.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That Levi Moffett, is hereby authorized to establish and keep a ferry across Skunk river in the county of Des Moines, in this territory, for the term of ten years; and that the said Moffett shall have exclusive privi lege in landing one-half mile each way above and below said mill; and further, that the said Levi Moffett shall ferry all persons free of ferriage, who shall apply to cross the said river having business at the mill, and machinery of the said Moffett, and also all persons summoned as grand and petit jurors of the district court of said county.

SECTION 2. That the said ferry shall be subject to all the conditions and requisitions of the several laws of this territory, regulating the tolls and duties of the keepers of ferries in this territory. Approved January 18, 1838.

All electors

No. 73.

AN ACT concerning grand and petit jurors.

SECTION 1.

Be it enacted by the council and house of liable as jurors. representatives of the territory of Wisconsin, That all persons who are qualified electors in this territory, shall be liable to serve as jurors in their respective counties as hereinafter provided. The following persons shall be exempt from serving as jurors, to wit:

Exceptions.

the governor, secretary of the territory, judges of the supreme and district courts, county commissioners, county treasurers, clerks of the supreme and district courts, and clerks of the boards of county commissioners, judges of probate, sheriffs, under-sheriff's and deputy sheriffs, coroners, constables, the marshal of the United States and his deputies, and all other offi cers of the United States, counselors and attorneys at law, ministers of the gospel, officers of colleges, (not including trustees or directors thereof) and preceptors and teachers of incorporated academies or universities and one teacher in each common school, practicing physicians and surgeons, and all persons more than sixty years of age, together with all persons not of sound mind or discretion and subject to any bodily infirmity amounting to any disability; and all persons shall be disqualified from serving as jurors who have been convicted of any infamous crime.

when to be se

SECTION 2. That it shall be the duty of the coun- Grand jurors, ty commissioners in each of the counties of this terri- lected and how tory, wherein a district court is directed to be held, at least thirty days previous to the sitting of said court, to select twenty-three persons possessing the qualifications aforesaid, in their respective counties, and to deliver an attested copy of the names so selected, within three days thereafter, to the clerk of the district court of the proper county; who shall thereupon issue and deliver to the sheriff of the county, a venire or summons, under the seal of the court, commanding him to summon the persons so selected as aforesaid, to appear before the said court, at or before the hour of eleven o'clock, a. m., on the first day of the term thereof, to serve as grand jurors, any sixteen of whom shall be sufficient to constitute a grand jury, which said summons shall be served at least five days previous to the sitting of said court, either by reading it to the person to be summoned, or by leaving an attested copy thereof at his usual place of residence.

SECTION 3. After the grand jury is impanneled, it Foreman. shall be the duty of the court to appoint a foreman, who shall have power to swear or affirm all witnesses to testify before said grand jury, and whose duty it shall be, when the grand jury or any twelve of them shall find a bill of indictment, to be supported by good and sufficient evidence, to endorse thereon "a TER. LAWS-28.

indorsed.

Indictment, how true bill;" and when they do not find a bill to be supported by sufficient evidence, to indorse thereon "not a true bill;" and shall in either case be signed by the foreman at the foot of the indorsement, and shall in all cases, where a true bill is returned into court as aforesaid, note thereon the name or names of the witnesses upon whose evidence the same was found.

Oath of grand jury.

Oath of petit jury.

No presentment upon the in

formation of

less than two grand jurors

SECTION 4. That the oath of the grand jury in all cases, shall be as follows, to wit: "You, as grand jurors for the body of the county of (as the case may be,) do solemnly swear that you will diligently inquire into, and true presentment make of all such matters and things as shall come to your knowledge, according to your charge. The counsel of the United States of America, your own counsel and that of your fellows, you shall keep secret, you shall present no person through envy, hatred or malice, neither will you leave any person unpresented, through fear, favor, or affection or hope of reward; but that you will present things truly, as they come to your knowledge, according to the best of your understanding, and according to the laws of this territory, so help you God."

SECTION 5. That the oath or affirmation of petit jurors in criminal cases shall be as follows, to wit: "You solemnly swear (or affirm) that without respect to person or favor or fear, you will well and truly try, and true deliverance make, between the United States of America and the prisoner at the bar, whom you shall have in charge, according to the evidence given you in court and the laws of this territory, so help you God."

SECTION 6. No grand jury shall make presentment of their own knowledge, upon the information of a less number than two of their own body, unless the juror unless under giving the information is previously sworn as a witness, in which case if the evidence is deemed sufficient, an indictment may be found thereon as upon the evidence of any other witness who may not be of the jury.

oath.

How petit jury selected and summoned.

SECTION 7. It shall be the duty of the board of county commissioners in each of the organized counties in this territory, where a district court is directed to be held, at least thirty days previous to the sitting of the said court, to select twenty-four persons possessing

each trial.

the qualifications of jurors, who shall compose and constitute two full petit juries, to serve as such at the next succeeding term of the district court in each county respectively; to be summoned in like manner as is herein before directed in the case of grand juries. SECTION 8. It shall be the duty of the clerk of the How chosen fo district court, at the commencement of each term, to write the name of each petit juror on a separate ticket, and put the whole into a box, or other place for safe keeping; and as often as it may be necessary to impannel a jury, the clerk shall, in presence of the court, draw by chance twelve names out of such box, which shall designate the twelve to be sworn on the jury; and in the same manner for each subsequent jury in their turn, as the court may from time to time direct.

return.

SECTION 9. In all cases where the sheriff or other sheriff to make officer shall be commanded to execute any summons as aforesaid, he shall be required to make timely return thereof, to the clerk who may have issued the same, with an endorsement thereon certifying on whom it has been served, and the time when; and in default of so doing, such sheriff, or other officer, shall Penalty for debe considered as being guilty of a contempt, and may be fined for the use of the proper county, in any sum not less than ten, nor more than fifty dollars; unless such sheriff or other officer shall make his excuse to the satisfaction and acceptance of the court.

fault.

deficiency in the regular panel.

When coroner

SECTION 10. If a sufficient number of grand or When there is a petit jurors do not appear, when selected and summoned as aforesaid, or if by challenges or any other cause, there shall not appear a sufficient number of qualified persons to make up the panels, the court may order the sheriff to return without delay such number of good and lawful men of the county as may be necessary for that purpose. And when the sheriff is interested, or related to either of the parties, the court to act. may direct the coroner to make such return. And if any district court shall at any time sit before the board of county commissioners shall have made a selection of grand or petit jurors as aforesaid, or if on any account the whole panel in either case shall fail to attend, the when by-standcourt may order the sheriff or other officer to summon ers may be from the by-standers, being qualified persons as aforesaid, a sufficient number to supply such deficiency, who shall continue to serve for the remainder of the

summoned.

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