Imagens das páginas
PDF
ePub

Penalty for default of juror.

When necessari.

ed.

term, unless they shall be sooner discharged by the

court.

SECTION 11. Every person, who shall fail to ap pear when lawfully summoned as a grand or petit juror as aforesaid, without having a reasonable excuse, shall be considered as being guilty of a contempt, and shall be fined by the court in any sum not exceeding twenty dollars, for the use of the proper county, unless good cause be shown for such default, at or before the next term of said court; and it shall be the duty of the clerk, to issue a summons against such delinquent, where such person shall not come in without process, to show cause at the next succeeding term of said court, why he or they should not be fined for such contempt: provided, that the oath or affirmation of any such delinquent, shall at all times be received as competent evidence in his favor.

SECTION 12. In case of the death, sickness or nonto be substitut attendance, of any grand or petit juror after he shall have been sworn upon the jury, or where any such juror being sworn as aforesaid, shall for any reasona ble cause be dismissed, or discharged, it shall be lawful for the court to cause others, if necessary, to be summoned and sworn in his or their stead.

Compensation of juror, how certified and paid.

Proviso.

Privileges of jurors.

Jurors to be

SECTION 13. It shall be the duty of the clerk of the district court at the end of each term of said court or within ten days thereafter, to make out a certificate to each juror, certifying the number of days and amount of compensation do to each juror, which certificate shall be presented to the board of county commissioners, and allowed as other demands against said county: provided, that no juror shall be paid out of the county treasury for any day's attendance as a juror in the district court of the territory for which he may have received, or may be entitled to receive pay, as a juror of the district court of the United States.

SECTION 14. All grand and petit jurors shall be privileged from arrest, in all cases except for breach of the peace, treason, felony and other criminal offenses, during their attendance at said court, going to and returning from the same; and all arrests in such cases shall be deemed as illegal and void.

SECTION 15. It shall be the duty of the board of selected in rota- county commissioners to arrange and select the grand and petit jurors as aforesaid in such manner as to

tin.

make the qualified persons of the county perform du ties as jurors as nearly as may be in rotation, and so that the same may not be unnecessarily burdensome to any of the citizens of the county, according to the best information that the said commissioners can obtain.

visors to act.

SECTION 16. Before the election of county com- When supermissioners for the year 1838, the duties herein required of the boards of county commissioners, and their clerks, shall be performed by the boards of supervisors of the several counties and their clerks, in cases where the election and organization of the boards. of county commissioners, in any county shall not take place at least thirty days before the first day of the term of any district court to be held in that county.

clause.

SECTION 17. This act to be in force from and after Repealing its passage, and all laws contravening the provisions of this act be and the same are hereby repealed. Approved, Jan. 19, 1838.

No. 74.

AN ACT to regulate ferries.

ries prohibited.

SECTION 1. Be it enacted by the council and house of Unlicensed fer representatives of the territory of Wisconsin, That no person shall keep or use any ferry for transporting across any stream or lake, within or bordering this territory for profit or hire, unless licensed in the manner directed by this act, under the penalty of five dollars for Penalty, how each offense, recoverable by action of debt with costs recovered, by and in the name of any person who shall sue for the same before any justice of the peace of the county where such offense shall be committed; or if the same shall be committed on waters dividing two counties, then in either of such counties, which penalty when and how disrecovered to be paid into the county treasury; and if posed of. the offense shall happen on waters dividing two counties the one-half of the penalty shall be paid into the county treasury of such counties respectively.

SECTION 2. The board of county commissioners in License, how each of the counties in this territory shall grant licenses granted. for keeping ferries in their respective counties, to as

Conditions thereof.

many suitable persons as they may think proper; which license shall continue in force for a time to be fixed by the board of commissioners, not exceeding three years. And every person applying for such li cense, shall, before the same be granted enter into a Recognizance. recognizance to the United States in the sum of one hundred dollars, faithfully to keep and attend such ferry with a sufficient and safe boat, or with so many sufficient and safe boats as may be necessary during the several hours in each day and night, and at such several rates as the board of commissioners in the several counties shall from time to time order, direct and determine; and shall at all times when called upon, if the river or creek is passable, convey the mail and other public express across such ferry. And every person who shall offend herein, shall be indicted for the same before the district court of the proper county, and may be fined in any sum not exceeding twenty-five dollars for each offense, and the said board of commissioners shall direct the recognizance given such person to be estreated for the use of the county treasury; or when any waters over which a ferry may be directed, or used, divide two counties, the license obtained in form aforesaid in either of the said counties, shall be sufficient to enable a person obtaining the same to keep a ferry upon such waters.

Conditions and

how

SECTION 3. The board of county commissioners of rates of ferriage, the respective counties shall from time to time order, direct and determine the several hours, in each day and night, within which due attendance shall be given by each ferry keeper, and also the several rates of ferriage which the ferry keeper may demand and receive for the transportation of any person, goods, chattels and effects; a list of which rates each ferry keeper shall have posted on the door of his ferry house.

Clerks' fees.

Owner of adjacent land to be preferred.

SECTION 4. The clerks of the respective boards, shall be entitled to receive, for entering each and every license granted by virtue of this act, and for a copy thereof two dollars.

SECTION 5. No such license shall be granted to any person other than the owner of the land through which the highway, adjoining said ferry, shall pass, unless such owner shall neglect to apply for such license after notice as hereinafter provided."

SECTION 6. Whenever application for a license to

keep a ferry, shall be made by any person other than Notice to be such owner, the board shall not grant a license to such given. person, unless proof shall be made, that the said applicant caused notice in writiug to be given to such owner, at least eight days before the regular session of the board of commissioners, of his intention to make such application.

er to purchase

SECTION 7. If, at any time, the board of commis- New ferry keepsioners aforesaid shall grant a license to a person who the boats of his has not before kept such ferry, the said grantee shall predecessor. purchase the boats of the previous keeper, at the appraisal of three disinterested persons, to be appointed by the board aforesaid: provided, said appraisers shall adjudge said boats to be good and sufficient for the use of said ferry.

SECTION 8. Be it further enacted, That the provisions of this act, shall not be applicable to the county of Milwaukee, and the counties thereto attached for judicial purposes, in this territory.

SECTION 9. This act to take effect from and after the first organization of the board of county commissioners in the several counties of this territory. Approved January 18, 1838.

No. 75.

AN ACT to establish a ferry across the Mississippi river, in this territory.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That John Wilson, his heirs and assigns; are hereby authorized to establish and keep, or cause to be established and kept, a ferry across the Mississippi river at Davenport, in Scott county, with the exclusive privilege to the same, commencing at his ferry house on the bank of said river, thence down said river one mile, and up as far as Antoine Le Clair's reserve extends, for the term of ten years: provided, that the said John Wilson, his heirs, or assigns, shall be subject to all the laws now in force or that shall be in force in said territory in relation to ferries, tolls, &c.

SECTION 2. This act to take effect from and after

its passage: provided, that said John Wilson keep, or cause to be kept, at the place aforesaid, a good and sufficient boat or boats, to be propelled by horse or steam power, for the safe conveyance of passengers, horses, cattle, and hogs, across said river without delay.

Approved, January 18, 1838.

No. 76.

AN ACT to legalize and make valid the records of deeds and other conveyances of the county of Brown.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That all the acts done and performed, between the first Monday in April eighteen hundred and thirty-five, and the day of the passage of this act, by the register of deeds, in law or in fact of the county of Brown, and all the acts done and performed, by the deputy register, whether he shall have filed his appointment and oath of office with the county clerk, or clerk of the district court, of said county, previous to his having performed the du ties of register, or otherwise, be and the same are here. by legalized and declared valid, so far as said acts have been done in the execution of the duties of said office.

Approved January 18, 1838.

The crime defined and the

No. 77.

AN ACT for the punishment of the crime of bribery.

SECTION 1. Be it enacted by the council and house of penalty fixed. representatives of the territory of Wisconsin, That if any person directly or indirectly, gives any sum or sums of money, or any goods, chattels, lands, or real estate, or any other bribe, present or reward, or give or make any promise, contract, covenant, obligation, or security, for

« AnteriorContinuar »