In case of adjournment.

Court may punish for

$18. The adjournment of any court before the expiration of its term shall not affect the teste, return or service of any writs issued prior or subsequent to such adjournment.

$ 19. Every court of record shall have power to punish as for a contempts. criminal contempt, persons guilty of either of the following acts, and no others.

In what cases.

How contempts punished.

Ib.

Ib.

Offence to be stated in warrant.

Persons also

liable to in.

dictment.

Process, how tested.

1. Disorderly, contemptuous or insolent behavior, committed during its sitting in [its] immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority.

2. Any breach of the peace, noise or other disturbance, directly tending to interrupt its proceedings.

3. Wilful disobedience of any process or order lawfully issued or made by it.

4. Resistance wilfully offered by any person to the lawful order or process of the court.

5. The contumacious, and unlawful refusal of any person to be sworn as a witness, and when so sworn the like refusal to answer any legal and proper interrogatory.

6. The publication of a false or grossly inaccurate report of its proceedings; but no court can punish as a contempt the publication of true, full and fair reports of any trial, argument, proceedings or decisions had in such court.

$20. Punishment for contempts may be by fine, or by imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court, but the fine shall in no case exceed the sum of two hundred and fifty dollars, nor the imprisonment thirty days; and when any person shall be committed to prison for the nonpayment of any such fine, he shall be discharged at the expiration of thirty days.

$21. Contempts committed in the immediate view and presence of the court may be punished summarily; in other cases the party charged shall be notified of the accusation, and have a reasonable time to make his defence.

$22. Whenever any person shall be committed for any contempt specified in this act, the particular circumstances of his offence shall be set forth in the order or warrant of commitment.

$23. Nothing contained in the preceding sections shall be construed to extend to any proceedings against parties or officers as for a contempt, for the purpose of enforcing any civil right or remedy.

S24. Persons punished for contempt under the preceding provisions, shall notwithstanding, be liable to indictment for such contempt, if the same be an indictable offence, but the court before which a conviction shall be had on such indictment shall, in forming its sentence, take into consideration the punishment before inflicted.

AN ACT to amend the act entitled "An act concerning the supreme and district courts, and defining their jurisdiction and powers."

$1. That all process issued from any of the district courts of this territory may be tested in the name of the presiding judge of said

district court, or in the name of any one of the judges of the supreme court of said territory.

AN ACT relating to the judicial districts.

vided into

$1. That the counties of Crawford, Grant and Iowa, shall con- Territory di stitute the first judicial district of this territory; that the counties of districts. Walworth, Rock, Green and Dane, the second; and the counties of Brown, Milwaukie and Racine, the third.

$2. That Charles Dunn shall be district judge in the first judi- Judges ascial district, David Irvin in the second, and Andrew G. Miller in signed to the third.

districts.

when office

$3. That in case the office of judge in either of said districts Proceedings should become vacant by death, resignation or otherwise, or the judge becomes thereof shall be unable, from sickness or other cause, to hold the vacant. terms in the district to which he is assigned, the governor is hereby authorized, in his discretion, to assign either of the other judges to hold such terms as are provided for in this act: Provided, They do not interfere with the terms of the district to which any of said judges are assigned by this act, until the vacancy is filled, or disability removed; and the person who may be appointed to fill such vacancy by the president of the United States, is hereby assigned to said vacant district.

S4. That the district court shall be held at the county seats of Times of the different counties every year at the times herein specified, and no holding other, to wit:

Iowa county on the second Monday of April, and the first Monday of September.

Grant on the fourth Monday of March, and the fourth Monday of September.

Crawford on the first Monday of May, and the second Monday of October.

Dane, when it shall be organized, on the first Monday in April, and the first [Monday] of October.

Green on the second Monday of April, and the second [Monday] of October.

Rock on the third Monday of April, and the third Monday of October.

Walworth on the fourth Monday of April, and the fourth Monday of October.

Racine on the first Monday of July, and third Monday of November.

Milwaukie on the second Monday of June, and first Monday of November.

Brown on the fourth Monday of May, and second Monday of October.

courts.

when to

$5. That all writs, process, indictments, recognizances and Proceedings other proceedings in the district courts in the several counties shall stand constand continued in each county, until the first term of the district tinued. court held in said county under this act, the same as if they had been regularly continued in court.

to hold ad

$ 6. The judge of any district is hereby authorized to hold ad- Judges when journed terms, or to appoint special terms in any county in his dis- journed or

special terms.

When place

of holding

changed.

trict for the trial of criminal cases, giving thirty days' previous notice thereof, by advertisement to be published in a newspaper printed in the county, if there be one, and by posting a notice thereof on the door of the usual place for holding courts in the county in which such terms are to be held.

AN ACT concerning proceedings of courts of record.

$1. Whenever the court-house or place of holding courts in any court may be county of this territory shall be destroyed by fire or other means, or shall from any cause be unsafe, inconvenient or unfit for the holding of any court, and whenever no court-house shall have been built in any county, the judge of the district court of such county may appoint some convenient building in the vicinity of the place where the court is required to be held by law, as a temporary place for holding such court.

Place ap

$ 2. The place so appointed shall be deemed the court-house of pointed the county for the time being; and all business which shall be court-house. transacted at such place, shall be as valid as if the same were done at the court-house duly provided by the county.

deemed

Court adjourned to another place.

Authority of

appear.

S3. If at any time during any session or term of the aforesaid courts, or either of them, it shall be deemed by the said court improper or inexpedient, by reason of war, pestilence or other public calamity, or the danger thereof, that the said term or session should be continued at the place where the same is then holding, the said court may by order entered in their minutes, adjourn the session of said court to be holden at such other times and places as they may direct, and the said adjourned session shall be taken as a part and continuance of said term, and all proceedings in the said court may be continued at said adjourned times and places, and be of the force and effect as if said court had continued its session at the place it was holden before said adjournment.

S4. It shall not be necessary to file any warrant of attorney, to attorney to authorize any attorney to appear in any court for either party to an action brought therein, except in cases where it shall be specially required by law; nor shall any entry of a warrant of attorney in any judgment record, or other proceeding be necessary, but the plaintiff in his declaration, and the defendant in his plea, shall state the name of the attorney by whom they respectively appear.

Process.

How tested.

To be sealed; when returnable.

Seal.

Process to

be in English

language.

S5. All writs and process shall be in the name of the United States.

$6. All writs and process issuing from the supreme or either of the district courts, may be tested in the name of any one of the judges of the supreme courts.

$7. All writs and process issuing from the supreme or either of the district courts, shall be sealed with the seal of the court, dated on the day they issued, signed by the clerk, and made returnable on the first day of the next succeeding term, unless otherwise provided by law, or directed by the judge.

S8. The impression of the seal of any court by stamp, shall be a sufficient sealing in all cases where sealing is required.

S9. All writs, process, proceedings and records in any court within this territory, shall be in the English language, (except that the

proper and known names of process, and technical words may be expressed in the language heretofore and now commonly used,) and shall be made out on paper or parchment, in a fair legible character in words at length, and not abbreviated; but such abbreviations as are now commonly used in the English language, may be used, and numbers may be expressed by Arabic figures, or Roman numerals in the customary manner.

$10. All writs and process issued out of any court of record, How endors shall, before the delivery of the same to any officer to be executed, ed, &c. be subscribed or endorsed with the name of the attorney, solicitor or other person by whom the same shall have been issued.

"attorney.

$11. Every person of full age and sound mind may appear by Who may attorney or solicitor, as the case may require, in every action or plea, appear by by or against him, in any court, or may at his election prosecute or defend such action or plea in person. But this provision shall not extend to proceedings in criminal cases, nor shall any person be permitted to appear on the record in any civil cause, in person, whilst he has an attorney or solicitor in such cause.

to be sued out of coun

S 12. No person shall be sued in the district court in any other Person not than the county in which he resides, or in which he may be found: Provided, That nothing herein contained shall prohibit the issuing ty. an alias, if the defendant upon a capias cannot be found within the county in which he is a resident.

fendants in

$13. When there are two or more defendants, the action so far when deas it depends on the place of their residence, may be brought in the different county where either of them lives.

counties.

$14. Actions brought for the recovery of any debt or damages Capias ad only where bail is required, except where attachment and replevin dum when are allowed, shall be commenced by the issuing and service of a issued. capias ad respondendum. Where bail is not required, except where attachments and replevin are allowed, either,

1st. By summons; or,

By sum

mons.

declaration

2nd. By filing in the office of the clerk of the court of the proper suit comcounty a declaration, entering a rule in the minutes kept by such menced by clerk, requiring the defendant to plead to such declaration within twenty days after service of a copy of such declaration and notice of such rule, and serving a copy of such declaration and notice of such rule personally on the defendant, which service may be made by the attorney of record, or by any officer competent to serve process in the district courts of this territory.

process."

$15. Whenever a suit is commenced by a declaration, such de- Declaration. claration shall be considered the first process in the cause; and considered whenever the word process occurs in the statutes of this territory, it may include and have reference to such declaration.

by declara.

$16. Upon due proof of the service of a declaration personally on when suit all the defendants in the cause, their appearance shall be entered by commenced the clerk of the court, and their default may be entered for not plead- tion. ing, and the same proceedings may be had against them in all respects as if they had appeared.

turn manner

S17. When a copy of a declaration shall be delivered to any she- Sheriffto reriff to be served as provided by law, it shall be the duty of such she- of serving riff to serve the same with all convenient speed, and to return the declaration. same with his certificate endorsed thereon, of the time and manner

Suit brought by fictitious

name.

Summons,

&c. how

ty, town, &c.

of such service, either to the office of the clerk of the court in which such suit may be pending, or to the attorney whose name shall be endorsed on such declaration; and such certificate, signed by such sheriff or his deputy, shall be as effectual to authorize the entry of the defendant's appearance, and default for not pleading, or in actions of ejectment to authorize the entry of a rule to plead, as if the same had been sworn to by such officer; and the return of any declaration delivered to a sheriff, may be enforced by rule and attachment in the same manner as the return of a capias.

S18. When the name of any defendant is not known to the plaintiff, a suit may be commenced against him by a fictitious name, and it shall not be abated for that cause, but may be amended on such terms as the court shall think reasonable.

$ 19. In all suits against the inhabitants of a county, the sumserved mons or declaration shall be served by leaving an attested copy thereagainst coun- of with one of the county commissioners, or with one of the officers, who by law exercise the powers of county commissioners; and in all suits against the inhabitants or members of a town, precinct, parish, religious society, or school district, or against the proprietors of common and undivided lands, or general fields, or wharves lying in common, the summons or declaration shall be served by leaving an attested copy thereof with the clerk of the corporation or proprietors, and also leaving another like copy with one of the officers of the town, or one of the assessors or standing committee of the parish, or religious society, or one of the proprietors of such land or other estate, as the case may be; and if there is no such clerk found within the county, the copy of the process so intended for him shall be left with one of the other officers before mentioned, or with one of the said proprietors; and if there are no such officers, the copy of the process so intended for them respectively, shall be left with one of the inhabitants, or members of the corporation.

Personal ac

brought, &c.

$20. No personal actions shall be maintained against any person tion not to be who is out of the territory at the time of the service of the process, unless he shall have been before that time an inhabitant of the territory, or unless an effectual attachment of his goods, estate or effects [be] made, except in cases in which it is otherwise specially provided.

Process

how served on absent

$21. If the defendant is out of the territory at the time of the service of the process, the service thereof shall be made by leaving it at his last defendant. and usual place of abode, if there be any within the territory; and if the defendant never was an inhabitant of the territory, the process shall be served by leaving the original or the copy, as the case may be, with his tenant, agent or attorney; and if there shall be no such tenant, agent or attorney within the territory, known to the officer or the plaintiffs, the officer shall certify the facts in his return, and the court may thereupon cause notice to the defendant to be given in such manner as they shall think proper.

How served

tions.

$ 22. In all suits against any corporation other than those menOn corpora- tioned in the twenty-first section of this act, the process shall be served by leaving the original or the copy, as the case may be, with the clerk, cashier, secretary, agent or any other officer having charge of their business; and if there be no such officer found within the county, the process may be served on any member of the corporation.