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LAWS -%



OF



WJSCONSIN TERRITORY;



PASSED BY THE FOURTH LEGISLATIVE ASSEMBLY,



DURING THE SESSION TERMINATING ON THE S6th DAY OF MARCH,
AND THAT TERMINATING ON "^HB H-^HAY OF APRIL, 1843.



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MADISON :

PRINTED BY SHELDON & HYER.

1843. Digitized by Google



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WISCONSIN TERRITORY. '.



An act to amend 'to aet ieiuthorizing Webster ->:; :
Stanley to maintain a ferry across Fox river^'' ap-
proved Feb. 18, 1842.

Be it enacted by the Council und Souse of BepresenUUives <if
ik€ Territory of Wtsconein:

^ 1. That Webster Stanley is hereby authorized to keep and Ferry on Fox
baintain a ferry across the Fax river, in the oouaty of Brown, on
section twenty-four, in town eighteen north, of range eighteen
oast, for such length of time, and subject to saeh restrictions, as How leg^a-
kte provided by the act which is hereby amended.

Re-<:onsidered, and passed the House of Representatives, March
20, 1848, by ayes and noies, nineteen members voting for tho
bilL JOHiN: CATLIN, chief Clerk.

Re-considered, and passed the Council, March 20, "1843, by
iayes and noes, ten membefs voting for the bill.

JOHN V. INGERSOLL, Secretary.

, AN ACT to oi^nize certain towns therein. named;

Be it enacted by the Council and House of Representati'oes of
the Territory of Wisconsin:

\ 1. That all that part of the town of Warren, in the county Town of No-
bf Milwaukee, comprised in township seven, in range eighteen ^^^^in.
east, is Hereby set off and organized into a separate town, by the
name of Nemahbin; and the first election in said town shall beEnection.
held at the house of N. P. Hawks.

^ 2. That all that part of the town of Spring Prairie, in Wal- La Fayette.
. Worth county, comprised in township three, range seventeen east,
te hereby set off and organized into a separate town by the name

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Election.



La Grange.



Election.



Meacham.



Election.



Troy.



Election.



Ottawa.



iSlectioQ.



Johnstown.



Election.



Falton.



Election.



Union, coun*
try attached
to.



Oaklaucl.



Election.

Jefterson*
country
attached to.



of La Fayette; and the first election in said town shall be ai thli
house of Theodoras B. Northrop.

§ 3. That all that part of the town of Elk Hom^ in said conn^
ty, comprised in township foury range sixteen east, is hereby set
off and organized into a separate town by the name of La Graqge;
and the £rst election in said town shall be held at the sdwol
house on Round Prairie .

§ 4. That all that part of the towii Troy, in said <2onBty^ cem-
prised in township four, range seventeen east, is hereby sec off
and organized into a separate town by the name of Meadiam; and
the first election in said town shall be held at the house of Jesse
Meacham.

^ &. That all that part of the said town of Troy^ eompnaed in

township four, range eighteen east, is hereby set off and organized

into a separate town by the name of Troy ; and the first election

" in said town shall be held at the Methodist meeting house in said

town.

^ 6. That all that part of the town of Genesee, in the county
of Milwaukee, comprised in township six, range seventeen east,
IS hereby set off and organized into a separate town by the name
of Ottawa; and the first election in said town shall be held at the
house of Newman Chub.

§ 7. That all that part of the town of Janesville, in the county
of Rock, comprised in township three north, of range fourteen
east, be' set off and organized into a separate town by the name
of Johnslown; and (he first election in said town shall be held at
the dwelling house of Elisha Newhall, in said town;

^ 8. That all that country, comprised in town foiir north, of
range twelve east, in the county of Rock, be set off and organized
ifato a separate town by the name of Fulton; the first election to
be held at the house of William B. Foster.

^ 9. That all that country comprised in the limits of the north
half of town three north, of range eleven east, be annexed to and
become a part of the town of Union, in the county of Rock,

^10. All that part of the towii of Jefferson, in the county of
Jefferson, comprised in township six, in range thirteen eaC&t, is
hereby set off, and organized into a separate town by the name of
Oakland; and the. first election shall be held at the house of Girard
Grain, in said town. And tlie north half of township six^ and the
two southern tiers of sections of township seven in range fifteen



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luftd sizteeii eaist, in th« county of Jefibrson, are hereby sLnneted
to, and shall forai a part of the towa of Jefferson.

§ 1 1. That the said several towns set off and orgaaized by this ^^^^ ®^
act, shall ea^h be entitled to and enjoy all the rights and privile-
ges which are granted by law to the other towns in this Territory.
' *§ 12. That all that part of Beloit, in the county of Rock, com- Clinton, couft*
|»nse'd in sections ten, fifteen, twenty-two, twenty-seven and thirty- bached to.
Tour, in town one north, of range thirteen 6ast, be annexed to and
form a part of th^ town of Clinton.

§ 13. That all that section of country comprised ia the countjr Manchest^.
of Oalumet, shall be incorporated into a town by the name of Man-
chester j and shall hold then election, until further ordered by vote Election,
of said town, at the centre school house.

§ 14. ' That all that part of the town of Walworth, in the county sharoiti
of Walworth, comprised in township one, range fifteen east, is
hereby set off and organized into a separate town by the name of
Sharon,- and the first election in said town shall be held at the glee tiott.
^use of Joseph Topping.

'<§ 15. Thai all that section of country comprised in the county Marquette.
t)f Marqulette, shall be a town by the name of Marquette; and the
first election in said town shall be held at the house of S. W. Beall,
and that said town and county of Marquette shall be annexed fof Attached, &ci»
tounty purposes to the county of Fond du Lac.

Approved, March 21, 1843.



AN ACT to annex certain fractions or lots of land
to the town of Rock, in the county of Rock.

be it enacted hy the Council and House of Representatives of
ike Territory of ..Wisconsin:

\ 1. That fractional sections number one and number two, ly-» i^ownofltock^
ing north and west of Rock river^ in township number two north, countrjr an-
of range twelve east, be and the same are hereby annexed to the
said town of Rock, iji the county of Rock.

Approved, March 21, 1843.



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6



Change o^
same.



Proviso.



AN ACT to change the name of Henry Sanders
Brown.

B$ U enacted hy the Council and House of Representatives of
the Territory of Wisconsin:

f 1. Tbat the na^ne of Heary Sanders Brown, of Milwaukee,
late of Washington county, New York, be and the same is h«reby
changed to that of Henry Brown Sanders; and by sudiname, he
shall and may hereafter be known and recognized : Provided^ tbat
the fights of no person pr persons shall in any wise be aifected"
thereby.

Appbovbp, March 22, 1843.



Courts in the
second jucli-<
cial district.



When h^ld;



AN ACT to change the time of holding courts in
certain counties of the second judicial district, and
to provide for a change of venue in criminal cases.

Be it enacted by the Council and House of Representatives of
the Territory of Wisconsin :

§ 1. The district court shall be lioiden at the county seat of
the several counties in the second judicial district, hereinafter ^
mentioned, at 4he times speciliGd horein, to wit: Green county^
the second Monday in April and October,' B^ck county, the thir^
Monday in April and October; Walworth county, the fourth Mon-
day in April and October; Jefferson county, the third Monday
after the fourth Monday in April and October; Dane county, fourth
Monday after the fourth Monday in April and Qctober.

^ 2* All writs, summonses, process, indictment, recognizance^
nwde reiunS^ ^^^ ^^®^ proceedings in any of the said courts, which now are or
>le. may hereafter be made returnable in any of said courts in the fils^t

section mentioned, at any time after this act shall take eifect, shall
be considered as returnable at the term fixed in this act for hold,
ing the spring terms of said couUs, and all adjournments, appear,
abces, continuances, motions, and notices of any procieedings in
said courts, which are made or tak^n to any term subsequent to the
time this act shall take effect, shall be held to be tnade and taken
for the time fixed by this act for holding the spring term of said
courts.

^3. So much of any and all former acts as conflict with the
provisions of this act, are hereby repealed. .



JVnty,.&c:,



Acta repealed



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^ 4. All crimiaal causes shall be tlried in the county where the Venue,
pffence was committed, unless it shall appear to the satisfaction of |n ^,^^^^
the courts by affidavit, that a fair and impartial trial cannot be htd oases,
in such county f in which case, the court before whom the cause
is pending, if the ofllence charged in the indictment be punishable proceedinn
with death or imprisonment in the state prison, may, either in term how hadr
time cir vacation, direct the person accused to be tried in some «d- -
joining Goiinty, where a fair and impartial trial can be had: Pr<h Proviso.
vided, that the party accused shall be entitled to a change of venud
but once and no more.

§ 5. That when the venue is changed to aft adjoining county, Proceedings.
in a criminal case, the clerk of the proper court thereof, after
having received the original indictment, and a certified transcript
of the proceedings thereon, the trial shall be conducted in all
respects as if the offence had been indicted in the county to which
the venue is changed: Provided^ that the costs accruing from a Proviso,
change of the venue shall be paid by the county in which the
ofience^was committed. •

§ 6. When a court has ordered a change of venue, if the ac- Warrant for
cused be in aTtest or confinement, they shall issue a warrant di- ^**°^®y*^®®'
r^ted to the rfierifl^ commanding him safely to convey the prisoner
to the jail of the county where he^ or she is to be tried, there to bo
safely kept by the jailor thereof until discharged by due course of
law.

^ 7. Wlien the court has ordered a change of venue, they shall Bail,
require the accused, jf the offence be bailable, to eilter into a re-
cognizance with good and sufficient sureties, to be approved by
tfee court or judge, in such sum as the court or judge may direct,
eondifioned for his appearance in court at the time and place at
which the cause is to be tried, on such change of venue, and in In de&ult of
defeult of such recognizance, a warrant shall be issued, as pro-fo"be^^
videdin the next preceding section. ^^*^'

§ 8. When a change of venue is allowed, the court shall re- Witnesses.
cognize the witnesses on the part of the United States, to appear
before'the court in which the prisoner is to be tried.

^ 9. The attorney on behalf of the United States, may also Attorney for

apply for a change of venue, and the court being satisfied diat it^f ^ ^""^

will promote the ends ofjustice, may award a change of venue upon SS^i' of ^'

the same terms, and to the same extent, that are provided in this act. ''^"®' _

Appbov^p, March 23, 1843. .....vGoogle



8

AN ACT fixing the time of holding the annual ses-^
sions of the L^islatire Assembly, and for oth^:
purposes. '

Be U enacted by the Council and House of R^esenkUhes of
the Territory of Wisconnn:
WhftntomteL ^ !• That the annual commencement .of the session of the
legislative assembly, shall be on the first Monday of Decembel'^
in each and every year.
Special sm* ^ 2. The govemoi of the territory may, as often as in his
bow called, opinion the public interest requires it, appoint by proclamation
special session9 of the legislative assembly, to be faolden at sucb
times as he may designate, not»less than twenty days from the
issuing such pfbclamation.
Members, ^3. No member of the legislative assembly shall be liable to

fromarrestP arrest on a service of any civil process, issued by any of the courts
of this Territory during any session.of the legislative assembly, or
for ten days ipimediately preceding or subsequent to the tormina?,
tion of such session^ and any member in arrest during the period
Application gf guch exemption, shall be entitled to an immediate discharge,
on application to any jupge, supreme court comoussioner, or jus-
tice of the peace, in any county in which such arrest ipay have
been made.
Semlon to ter- ^ 4. The present session of the legislative assembly shall ter-
minate, minate on the twenty-fifth day of March, 1 843.
Session to § 5. Therp shallie a session of the legislative assembly held
con^iueQce. ^^ jj^^ capitol, in Madison, to commence on the twenty-seventh
day of March, A. D, 1843, at ten o-clock in the forenoon, inrhioh
shall continue until terminated by joint resolution of the. said
assembly.
Completion of $ ^* At the said session, to be held on the said twenty-seventh
busineM. ^ay of March, 1843, the council and houso of representatives may
proc^ed to complete the unfinished business remaining in their
respective houses at the termination of the present session. .;
Act rapealed. ^ 7. An act of the revised statutes, entitled ^^an act relative tQ

the sessions of the legislative assenibly,'^ is hereby repealed.
To takeefiboc. ^ ^* '^^^^ ^^^ sh^^^ ^^® ^^^c^t from and after its passage.
Arraovsn, March 23, 1843.



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AN ACT td provide for the election of sheriffs,
judges of probate, and justices of the peace.

Be U enacted by the Council and House of Representathfs of
the Territory of. Wisconsin:

^1. There shall be a general special eleation held in the se- El^ptlons,
veral counties and towns in this territory, on Monday, the first day ^ ^^ * t'
oF May, A. D. 1843, at such ^aces in the seferal counties
and towns as now are^ or may before that time be fixed upon, in
pursuance of law, for holding such elections.

^ 2. All elections held in pursuance of the provisions of this Ho;^ conduct-
act, shall be conducted in such manner as is now Or may be pro- **■
vided by law for holding general elections in the several counties
of the territory. /

^ 3. . There shall be elected in each of the counties of this What officers^

dieted

territory, which are organized for judicial purposes, at the said
election to be held on the first Monday of May next, a sheriff,
and judge of probate, by the qualified voters of such counties, and
of the counties attached to them for judicial purposes, except as
hereinafter provided, whose term of service shall commence on Term of office,
the first Monday of June next af\er their election, and continue
until the first Monday of January, in the year eighteen hundred
and forty-five, and until their /successors are duly elected and
qualified; and the qualifications, rights, lisbilities, powers and
» duties of the said officers, shall be the same as prescribed by law
for the said officers.

§4. There shall, in like manner, b§ elected, at the general Election,
election to be held on the fourth Monday of September, A. D.
1844, and biennially thereafter, in each of the caunties organized
for judicial purposes, by the qualified voters of such county and
^of tlie counties attached to them for judicial purposes, a sheriff
and judge of probate, whose term of service shall commence on the
first Monday of January next after their election, and continue for
two years, and until their successors are duly elected and quali-
fied, and the qualifications, rights, liabilities, powers and duties of
the said officers shall be the same as prescribed by law : Protnded, Proviso,
that no person shall be eligible for two successive terms to the
office of sheriff.

§ 5* The mode of canvassing the votes for said ofliicers, ai)d of How conduct-
determining the persons elected to said offices respectively,**^' -—
shall be the same as prescribed by law for canvassing the votes for

2 ^.■. - -, - -^0-



10



PimTaif,



Returns, how
made.



JustioeaQfthe
peace.



Termofser-
Tice.



Dntjr of com-
;itU!8ioner8.



FrecinctB de-
fined.



Number ofjus-
tices in each
jtown.



and determining the persons elected to county officer ; and whe^
any county shall be attached to another county for judicial purpo-^
ses, the clerk of the board of county commissioners, or supervisors
of the county so attached, shall, on the third Monday after the daj
of election, attend at the office of the clerk of the board of county
commissioners, or supervisors of the county to which such county
is attached, and the clerks of the several counties so attached,
together with the clerk of the county to which they are attached^^
9h&ll in conjunction proceed to canvass the votes, and determine^
the persons who are elected, in the manner prescribed in this sec-,
tion; and if any of the counties so attached are not organized for
county or judicial purposes, the election therein shall be conduct-
ed, returns made and votes canvassed, in the same manner as
though they constituted an integral part of the county to which
they are so attached.

^ 6, There shall be elected at the said general special elec-
tion, hy the quaKfied voters of ihe several towns in the several
counties organized under the act, entitled ^'an act to provide for
the 'government of the Several towns in this territory, and for the
revi&ion of county government," approved February eighteenth^
1841, not more than three justices of the peace, who shall he resi<
dents of the towns in which they may be elected j whose term of
service shall cooimende on the first Monday of June next, and
continue until the first Monday of May, succeeding the next an-
nual town meeting; and after the present year^ the said justices
shall be elected at the annual town meeting, and shall hold their
offices until the first Monday of May, succeeding the next annual
town meeting, and until others are duly elected and qualified. .
. ^ 7. It shall be the duty of the county commissioners of the
several counties in this territory, which are not organized under
the act entitled "an act to provide for the government of the several *
towns in this territory, and for the revision of county government,"
approved February eighteenth, 1841, in establishing the several
election precincts, in their respective counties, hereafter to pre-
scribe the boundaries thereof, and also to give names to said
precincts.

§ 8.' There shall be elected in each of the said precincts, at
the said general special election, by the qualifief voters of such
precinct, not more than three justices of the^ peace, who 3hall be
residents of the precincts for which ihey may be elected, whos^

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tetttit)f service shall commence on the first Monday of June next, Terms, Ac.

and terminate on the first Monday of January next; and there

shdl likewise be elected at tlie general special election, not more

Ihan three justices of the peace in each preeinct, who* shall be

'residents of the precincts for whicih they may be elected, whose

term of service shall commence on the first Monday of January,

next after their election, and continue for one year, and until

others are duly elected and iqualified.

' § 9. At the said elebtions in the several towns and pteCinctii How elected.

aforesaid, the three persons, or any less number that may be fixed

by vote of any town or precinct, who shall receive the highest num-^

ber of votes for justices of the peace, shall be considered and de*

dared to be duly elected justices of the peaCe for the county in

which any such town or precinct may be situated.

§ 10. Thfe board of supervisors in the several towns, and the Returns, how
Judges of election in the several precincts, sl^all make a return
to the clerk of the board of supervisors^ or of the board of Commis-
sioners, as the case may be, of the several persons who may be
elected justices of the peace, in pursuance of the provisions of
this act; and the said clerk shall issue to the persons so elected
certificates of such election, under the seal of said board, which Certificate, &c
shall be sufficient evidence of such election, for all purposes what-
ever.

^11. The jurisdiction of all justices of the peace elected in Jurisdiction,
pursuance of the provisions of this act, shall be co-extenslve with
the h'mits of the county in which they shall be elected, and no
other or greater^ whetller said coupty be attached to any other ^

county, or whether any other county is attached to it : Provided
that every justice elected under the provisions of this act, shall Office,
keep his office in the town or precinct for which he may be elected,^**®'* ^®P**
and not elsewhere.

^ 12. The qualifications, rights, liabilities) powers and duties Qualifications
of justices of the peace elected in pursuance of the provisions of
this act, shall be the same as prescribed by law.

^ 13. That so much of any law of the territory, as authorizes Repealed^


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