indorsed.

Indictment, how true bill;" and when they do not find a bill to be supported by sufficient evidence, to indorse thereon "not a true bill;" and shall in either case be signed by the foreman at the foot of the indorsement, and shall in all cases, where a true bill is returned into court as aforesaid, note thereon the name or names of the witnesses upon whose evidence the same was found.

Oath of grand jury.

Oath of petit jury.

No presentment upon the in

formation of

less than two

grand jurors

SECTION 4. That the oath of the grand jury in all cases, shall be as follows, to wit: "You, as grand jurors for the body of the county of (as the case may be,) do solemnly swear that you will diligently inquire into, and true presentment make of all such matters and things as shall come to your knowledge, according to your charge. The counsel of the United States of America, your own counsel and that of your fellows, you shall keep secret, you shall present no person through envy, hatred or malice, neither will you leave any person unpresented, through fear, favor, or affection or hope of reward; but that you will present things truly, as they come to your knowledge, according to the best of your understanding, and according to the laws of this territory, so help you God."

SECTION 5. That the oath or affirmation of petit jurors in criminal cases shall be as follows, to wit: "You solemnly swear (or affirm) that without respect to person or favor or fear, you will well and truly try, and true deliverance make, between the United States of America and the prisoner at the bar, whom you shall have in charge, according to the evidence given you in court and the laws of this territory, so help you God."

SECTION 6. No grand jury shall make presentment of their own knowledge, upon the information of a less number than two of their own body, unless the juror unless under giving the information is previously sworn as a witness, in which case if the evidence is deemed sufficient, an indictment may be found thereon as upon the evidence of any other witness who may not be of the jury.

oath.

How petit jury selected and summoned.

SECTION 7. It shall be the duty of the board of county commissioners in each of the organized counties in this territory, where a district court is directed to be held, at least thirty days previous to the sitting of the said court, to select twenty-four persons possessing

each trial.

the qualifications of jurors, who shall compose and constitute two full petit juries, to serve as such at the next succeeding term of the district court in each county respectively; to be summoned in like manner as is hereinbefore directed in the case of grand juries. SECTION 8. It shall be the duty of the clerk of the How chosen fo district court, at the commencement of each term, to write the name of each petit juror on a separate ticket, and put the whole into a box, or other place for safe keeping; and as often as it may be necessary to impannel a jury, the clerk shall, in presence of the court, draw by chance twelve names out of such box, which shall designate the twelve to be sworn on the jury; and in the same manner for each subsequent jury in their turn, as the court may from time to time direct. SECTION 9. In all cases where the sheriff or other Sheriff to make officer shall be commanded to execute any as aforesaid, he shall be required to make timely return thereof, to the clerk who may have issued the same, with an endorsement thereon certifying on whom it has been served, and the time when; and in default of so doing, such sheriff, or other officer, shall Penalty for debe considered as being guilty of a contempt, and may be fined for the use of the proper county, in any sum not less than ten, nor more than fifty dollars; unless such sheriff or other officer shall make his excuse to the satisfaction and acceptance of the court.

summons

return.

fault.2

SECTION 10. If a sufficient number of grand or when there is a petit jurors do not appear, when selected and deficiency in the sum- regular panel. moned as aforesaid, or if by challenges or any other cause, there shall not appear a sufficient number of qualified persons to make up the panels, the court may order the sheriff to return without delay such number of good and lawful men of the county as may be necessary for that purpose. And when the sheriff When coroner is interested, or related to either of the parties, the court to act. may direct the coroner to make such return. And if any district court shall at any time sit before the board of county commissioners shall have made a selection of grand or petit jurors as aforesaid, or if on any account the whole panel in either case shall fail to attend, the when by-standcourt may order the sheriff or other officer to summon ers may be from the by-standers, being qualified persons as aforesaid, a sufficient number to supply such deficiency, who shall continue to serve for the remainder of the

summoned.

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 appear 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 nonly absent others 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

tion.

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 ferrepresentatives 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 time to be fixed by the board of commissioners, not exceeding three years. And every person applying for such license, 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 fixed.

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 ad

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 jacent land to 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