ter cause on

$ 16. The clerk of the district court shall enter the cause on his Clerk to endocket, and if the appeal be regularly taken, the cause shall be heard docket. on the merits at the return term, unless good cause be shown for a continuance, and the costs in both courts shall abide the event of the trial in the district court.

S 17. If the appeal be not taken and perfected within twenty-four Appeal, hours from rendering judgment by the justice, the judgment shall be perfected.

affirmed.

when to be

how render.

S18. If the judgment of the justice shall be affirmed, or upon any Judgment trial in the district court the defendant shall be convicted, and any ed if defendfine assessed, judgment shall be rendered for such fine and costs in ant convict. both courts against the defendant and his securities.

ed.

not satisfied

$ 19. If the judgment of the district [court] be not satisfied in thirty if judgment days after the rendition thereof, execution may issue against the party in 30 days. against whom judgment has been rendered, and his securities, which shall be made out of the property of the said party, if sufficient thereof be found, if not, then out of the property of the said securities.

regulated.

$20. In all cases not especially provided for by this article, the Proceedings process and proceedings before the justice shall be governed by the laws regulating justices' courts in civil cases.

neglect of

S21. Any justice of the peace, sheriff, coroner, constable, or any Penalty for other officer, who shall wilfully neglect or refuse to perform any duty duty. enjoined on him by this article, shall be deemed guilty of a misdemeanor in office, and shall pay for the use of the county the sum of fifty dollars.

recovered.

$22. Fines and penalties incurred under the provisions of this ar- Fines, how ticle, in cases not otherwise provided for, may be recovered before any justice by action of debt.

journed, jus

witnesses.

S23. When a trial under the provisions of this article shall be If trial adcontinued by the justice, it shall not be necessary for the justice to tice to notify summon any witness who may be present at the continuance, but said justice shall verbally notify such witnesses, as either party may require, to attend before him to testify in the cause on the day set for trial, which verbal notice shall be as valid as a summons.

ARTICLE FOURTEENTH.

Of the forms of writs or process.

$1. The following, or other equivalent forms shall be used by justices of the peace, in proceedings to be had under this act, to wit:

summon

if

In the name of the United States, you are hereby commanded to shall be found within your county, to be and appear before the undersigned, one of the justices of the peace in and for said county, on the day of

noon, at

18 at

o'clock in the
in a plea of

18

Justice of the Peace.

in said county, to answer to and have you then and there this writ. Given under my hand, this day of

What forms to be used.

Form of summons.

Form of warrant.

Form of subpœna.

Venire for a jury.

Writ of attachment.

To the sheriff or any constable of said county:

In the name of the United States, you are hereby commanded to
if to be found within your county, and

take the body of
bring forthwith before the undersigned, one of the justices of the
peace in, and for said county, at

to answer to

in a plea of and you are hereby commanded to give due notice thereof to the said plaintiff. And have you then and there this writ. Given under my hand this

day of

18 Justice of the Peace.

Wisconsin territory,

SUBPOENA.

county, ss.

on the

In the name of the United States, you are hereby required to appear before the undersigned, one of the justices of the peace in, and for said county, at in the and there to be tried between ant, on the part of the

at o'clock, noon of said day, to give evidence in a certain cause, then

day of

plaintiff, and

defend

Given under my hand this

day of

18

Justice of the Peace.

Wisconsin territory,

A VENIRE FOR A JURY.

county, ss.

To the sheriff or any constable of said county,

summon

In the name of the United States, you are hereby commanded to to be and appear before the undersigned, one of the justices of the peace in and for said county, on the day of noon of said day, in the town of to make a jury for the trial of an action of between And have you then and there this

To the sheriff or any constable of said county,

In the name of the United States, you are commanded to attach
the goods and chattels, moneys, effects, and credits of

or so much thereof as shall be sufficient to satisfy the sum of
with interest and costs of suit, in whose ever hands or possession the
same may be found in your county, and so provide that the goods
and chattels so attached, may be subject to further proceedings there-
on, as the law requires; and also to summon the said
if to
be found, to be and appear before me at my office, in the town of

on the day of 18 to answer unto

plaintiff; and also, that you summon as garnishees all such persons found in your county, as may be directed by the plaintiff or his agent to appear before the said justice, at the time and place aforesaid, to

answer such interrogatories as the justice may propound, and have

you then and there this writ.

To the sheriff or any constable of said county.
Whereas judgment against
lawful money of the United States, and for
recovered the

day of

for the sum of

costs of suit, was

before me, at the suit of These are, therefore, in the name of the United States, to command you to levy distress on the goods and chattels of the said

(excepting such as the law exempts,) and make sale thereof, according to law in such case made and provided, to the amount of the said sums, together with twenty-five cents for this execution, and the same return to me within thirty days, to be rendered to the said and costs. Hereof fail not under the

for said

penalty of the law.

Given under my hand the

AN EXECUTION AGAINST GOODS OR THE BODY.

Territory of Wisconsin,

county, ss.

for the sum of

Execution against goods or

To the sheriff or any constable of said county: Whereas judgment body. against lawful money of the United States, and for cost of suit, was recovered the day of

me, at the suit of

before

These are therefore, in the name of the United States, to com-
mand you to levy distress on the goods and chattels of the said
(excepting such as the law exempts,) and make sale thereof accord-
ing to law in such cases made and provided, to the amount of said
sums, together with twenty-five cents for this execution, and the same
to return to me within thirty days, to be rendered to the said

for said
and costs, (and in cases where imprisonment is
allowed by law, the following shall be added,) and for want of such
goods and chattels whereon to levy, take the body of the said
and convey and deliver unto the keeper of the common prison of
said county, who is hereby commanded to receive and keep the said
in safe custody in said prison, until the aforesaid sum and all
legal expenses be paid and satisfied, or until he be discharged thence
by due course of law. Hereof fail not, under the penalty of the law.
Given under my hand the
day of in the year

Justice of the Peace.

FORM OF AN EXECUTION, WHERE SECURITY HAS BEEN GIVEN
FOR THE STAY OF EXECUTION ON THE JUDGMENT AGAINST
THE PRINCIPAL AND SECURITY.

curity given

To the sheriff or any constable of said county: Whereas judg- Where sement [against] for the sum of lawful money of the United for stay of States, and

costs of suit, was recovered the

Qualification

necessary to

fore me, at the suit of And whereas
on the day of
in the year aforesaid, became security to pay the said judgment, with
interest on the same, in months from the day of afore-
said, agreeable to law, as appears of record, in the payment of which
the said have failed: These are therefore in the name of the
United States, to command you to levy distress on the goods and
chattels of the said, (excepting such as the laws exempts) and
make sale thereof, according to the law in such cases made and pro-
vided, to the amount of the said sums, with interest thereon, to-
gether with twenty-five cents for this execution, and the same return
to me within thirty days, to be rendered to the said
said and costs: (And where execution is allowed against the per-
son, the following form,) And for want of said goods and chattels
whereon to levy, take the body of the said and convey and
deliver unto the keeper of the common prison of the said county,
who is hereby commanded to receive and keep the said in safe
custody in the said prison, until the aforesaid sums and legal ex-
penses be paid and satisfied, or until be delivered thence by
due course of law. Hereof fail not under the penalty of the law.
Given under my hand this day of

for

18 Justice of the Peace.

AN ACT concerning the admission of attorneys at law. 1. Whenever any person shall apply to any of the district courts, admission to or to the supreme court to be admitted to practice therein as an atpractice. torney, and shall show satisfactorily to such court, that he is a resident of the territory, and is of good moral character and possesses the requisite knowledge of the science and practice of law, the judge or judges thereof, may grant to such applicant a license to practise in the said courts respectively, in which he or they may preside. ProLimitation. vided, That nothing herein contained shall be so construed, as to preclude the judge or judges of either of said courts from granting special authority to attorneys or counsellors, residing without this territory, to practise in particular cases when any application may be made for that purpose.

ces punish

AN ACT concerning the rights of persons who are accused of crimes and offences.

What offen- $1. That no person shall be held to answer in any court for any ed by indict- alledged crime or offence, unless upon indictment by a grand jury, except in the following cases:

ment.

Right of par

First. When a prosecution by information is expressly authorized by statute;

Secondly. In proceedings before a justice of the peace; and,
Thirdly. In proceedings before courts-martial.

S2. On the trial of every indictment, the party accused shall be ty accused. allowed to be heard by counsel and he may defend himself, and he shall have a right to produce witnesses and proofs in his favor, and to meet the witnesses who are produced against him, face to face.

Persons indicted, how

S3. No person indicted for an offence shall be convicted thereof, convicted. unless by confession of his guilt in open court, or by admitting the

truth of the charge against him by his plea or demurrer, or by the verdict of a jury accepted and recorded by the court.

$4. No person shall be held to answer on a second indictment, for Former acan offence of which he has been acquitted by the jury upon the facts prosecution. and merits on a former trial; but such acquittal may be pleaded by him in bar of any subsequent prosecution for the same offence, notwithstanding any defect in the form or in the substance of the indictment on which he was acquitted.

fence.

$5. If any person who is indicted for an offence shall on his trial, When no de be acquitted upon the ground of a variance between the indictment and the proof, or upon any exception to the form or to the substance of the indictment, he may be arraigned again on a new indictment, and may be tried and convicted for the same offence, notwithstanding such former acquittal.

punished.

S6. No person who is charged with any offence against the law, when pershall be punished for such offence, unless he shall have been duly and son not legally convicted thereof, in a court having competent jurisdiction of the cause and of the person.

AN ACT to provide for the punishment of offences against the lives and persons of individuals.

S1. That every person who shall commit the crime of murder, Murder. shall suffer the punishment of death for the same.

duel.

S2. That every person who shall, by previous engagement or ap- Murder in a pointment, fight a duel within the jurisdiction of this territory, and in so doing shall inflict a wound upon any person whereof the person so injured shall die, shall be deemed guilty of murder.

S3. That every person who shall be the second of either party in Second in a such duel as is mentioned in the preceding section, and shall be pre- duel. sent when such wound shall be inflicted, whereof death shall ensue, shall be deemed to be an accessory before the fact to the crime of murder.

territory.

$4. That every person who shall fight a duel, or act as second or Duel out of surgeon in the same, by previous arrangement, without this territory, shall be incapable of voting or holding any office, within this territory forever thereafter.

$5. That every person who shall engage in a duel with any dead- Engaging in ly weapon, although no homicide ensue, or shall challenge another lenging, &c. to fight such duel, or shall send or deliver any written or verbal message, purporting or intending to be such challenge, although no duel ensue, shall be punished by imprisonment in the state prison, not more than ten years nor less than three years, and shall be incapable of holding any office of trust or profit under the laws of this territory. S6. That every person who shall accept such challenge, or who Accepting or shall knowingly carry or deliver any such challenge or message, challenge. whether a duel shall ensue or not, and every person who shall be present at the fighting of a duel with deadly weapons, as an aid, or second or surgeon, or who shall advise, encourage or promote such duel, shall be punished by imprisonment in the county jail, not more than two years nor less than one year.

carrying a

$7. That if any person shall post another, or in writing or print Posting shall use any reproachful or contemptuous language, to or concern

another, &c.