ness 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.

SECTION 29. This act to take effect and be in force from and after the first day of April, 1838.

SECTION 30. All acts and parts of acts, that contravene the provisions of this act, from and after the first day of April, 1838, are hereby repealed.

ARTICLE 13.

OF THE FORMS OF WRITS OR PROCESS.

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

In the name of the United States of America, you are hereby commanded to summon

if

shall be found within your township, to be and appear before the undersigned one of the justices of the peace in and for the said county, on the day of 18-at of the clock in the in the said township (or county,) to answer

noon at

the complaint of

township in said county:

In the name of the United States of America, you

are hereby commanded to take the body of if to be found within your township, and

bring

forthwith before the undersigned, one of tne justices

of the peace in and for said county, at township, to answer the complaint of

in said

and

you are also commanded to give due notice thereof to

the said plaintiff.

Given under my hand this

In the name of the United States of America; you are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, in the town (or township) of

at

day of

-- on the at of the clock in the noon of said day, to give evidence in a certain cause then and there to be tried between

-, defendant, on the part of the

1

plaintif and

Given under my hand this

day of

18

E. F., justice.

A VENIRE FOR A JURY.

TERRITORY,

county

To the constable of

township in said county: In the name of the United States of America, you are hereby commanded to summon good and lawful men, to be and appear before the undersigned. ne of the justices of the peace in and for said county, on day of present (or next) at of the clock noon of said day, in the town (or township) to make a jury, for the trial of an action of between plaintiff, and

In case of a

States, was recovered the

day of

before the

undersigned, one of the justices of the peace in and
for said county, at the suit of
These are
therefore, in the name of the United States of Ameri-
ca, 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 cases made and provided, to the amount of said
sums, together with thirty-seven and half cents for
this exccution, and the same return to me within thir-
ty days.

Given under hand this
my

--

day of

18-. .J. K., justice.

Where security has been given for stay of execu

stay of execution on the judgment against the principal and se

tion.

curity:

TERRITORY,
county,

To the constable of

of

SS.

Whereas judgment against

township in said county:

for the sum

18-, be

and costs, lawful money of the United

States, was recovered the day of

fore the undersigned, a justice of the peace in and for the said county, at the suit of

And whereas

on the day of, in the year aforesaid, pay the said judgment with intermonths from the date of the

became security to

est on the same, in
judgment aforesaid,
of which the said

agreeably to law in the payment have failed.

These are therefore in the name, &c. (as in common

form.)

A WRIT OF ATTACHMENT.

TERRITORY,

county,

To the constable of

SS.

township in the said county: In the name of the United States of America you are commanded to attach C. D. by all and singular his goods, chattels, moneys, effects and credits, or so much thereof as shall be sufficient to satisfy the sum of―― (the sum sworn to,) with interests and costs of suit, in whosesoever hands or possession the same may be found in your township, and so provide that the goods and

chattels so attached, may be to further proceedings thereon, as the law requires; and also the said C. D. if to be found, to be and appear before me at my office, in the town (or township) of

18- to answer unto

on the day of plaintiff; and also that you summon as garnishees all such persons found in your township as may be directed by the plaintiff or his agent, to appear before the said justice at the time and place aforesaid, to answer interrogatories as the justice may propound, and have you then there this writ.

Given under my hand this

Approved January 17, 1838.

day of

18-.

O. P., justice.

No. 59.

AN ACT to incorporate the stockholders of the bank of Wisconsin, at Prairie du Chien.

subscribing for

ing the same.

SECTION 1. Be it enacted by the council and house of Capital stock, representatives of the territory of Wisconsin, That a bank and mode of shall be established in the township of St. Anthony, in and apportionthe village of St. Friole and county of Crawford, the capital stock whereof shall be one hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each, and that the books of subscription towards said stock, shall, on the first Tuesday in June next, be opened at Prairie du Chien, under the superintendence of James H. Lockwood, Hercules S. Dousman, Jean Rrunet, Alexander McGregor, Thomas P. Brunet, Joseph Rolette, and Levi R. Marsh, who are hereby appointed commissioners to receive the sub scriptions to the said capital stock, who shall be the first directors, and are authorized to elect their president from their own number, and to conduct every operation of the institution until the first election for directors and president shall take place. And they shall give at least thirty days notice of the time and place of opening said subscriptions, in one or more newspapers printed in the territory. And the books for receiving subscriptions aforesaid shall continue open for

How pald in.

Name, duration and powers of

six days, and until the whole number of shares are
subscribed; and if the subscriptions to the said capital
stock shall within six days after the same are opened
exceed the amount authorized by this section, it shall
be the duty of the directors to deduct such excess in a
proportional manner from the largest number of shares
subscribed in such a manner that each
person subscrib-
ing, who is a citizen of this territory, be entitled to at
least five shares if he subscribe so many.

SECTION 2. That one sixth of the amount of each share shall be paid to the directors in specie at the time of subscribing, and the balance shall be paid in such instalments and at such times as the directors for the time being may require: provided, that whenever the payment of an instalment is required by the directors they shall give at least sixty days' notice thereof in some newspaper published in the territory, but no one instalment shall exceed one sixth the amount of each share. And in case any stockholder shall fail to pay in any or either instalment at the time when the same shall be so called for and directed to be paid, the share or shares upon which such instalment shall be so called for and unpaid at the end of the said sixty days and whole amount previously paid thereon shall be absolutely forfeited to the other stockholders of said bank.

SECTION 3. That all such persons as shall become the corporation, Stockholders of said bank shall be and they are hereby ordained, constituted and declared to be until the first day of May, which will be in the year of our Lord one thousand eight hundred and fifty-eight, a body corporate and politic, in fact and in name, by the name of "the president, directors and company of the state bank of Wisconsin," and by that name they and their successors shall and may have continual succession during the time aforesaid, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatever, and in all manner of actions, suits, complaints, matters and causes whatsoever, and that they and their successors may have a common seal and may change and alter the same at pleasure, and they and their successors by the name of the president, directors and company of the state bank of Wisconsin shall be