and sixteen east, in the county of Jefferson, are hereby annexed to, and shall form a part of the town of Jefferson. towns. § 11. That the said several towns set off and organized by this Rights of act, shall each be entitled to and enjoy all the rights and privileges 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, counprised in sections ten, fifteen, twenty-two, twenty-seven and thirty- tached to. four, in town one north, of range thirteen east, be annexed to and form a part of the town of Clinton. § 13. That all that section of country comprised in the county Manchester. of Calumet, shall be incorporated into a town by the name of Man chester; and shall hold their 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 Sharon. 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 Election. house of Joseph Topping. Election. 15. That all that section of country comprised in the county Marquette. of Marquette, 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 for Attached, &c. county 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 by the Council and House of Representatives of the Territory of Wisconsin: 1. That fractional sections number one and number two, ly-Town of Rock, ing north and west of Rock river, in township number two north, country annexed to: of range twelve east, be and the same are hereby annexed to the said town of Rock, in the county of Rock. APPROVED, March 21, 1843. Change of name. Proviso. Courts in the second judicial district. AN ACT to change the name of Henry Sanders Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: §1. That the name of Henry Sanders Brown, of Milwaukee, late of Washington county, New York, be and the same is hereby changed to that of Henry Brown Sanders; and by such name, he shall and may hereafter be known and recognized: Provided, that the rights of no person or persons shall in any wise be affected thereby. APPROVED, March 22, 1843. 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 holden at the county seat of the several counties in the second judicial district, hereinafter mentioned, at the times specified herein, to wit: Green county, When held. the second Monday in April and October; Rock county, the third Monday in April and October; Walworth county, the fourth Monday 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 October. made returna ble. Writs, &c., §2. All writs, summonses, process, indictment, recognizance, how and when and other proceedings in any of the said courts, which now are or may hereafter be made returnable in any of said courts in the first section mentioned, at any time after this act shall take effect, shall be considered as returnable at the term fixed in this act for hold. ing the spring terms of said courts, and all adjournments, appear ances, continuances, motions, and notices of any proceedings in said courts, which are made or taken to any term subsequent to the time this act shall take effect, shall be held to be made and taken for the time fixed by this act for holding the spring term of said courts. Acts repealed. § 3. So much of any and all former acts as conflict with the provisions of this act, are hereby repealed.. § 4. All criminal causes shall be tried in the county where the Venue, how changed offence was committed, unless it shall appear to the satisfaction of in criminal the court, by affidavit, that a fair and impartial trial cannot be had cases. in such county; in which case, the court before whom the cause is pending, if the offence charged in the indictment be punishable Proceedings, with death or imprisonment in the state prison, may, either in term how had. time or vacation, direct the person accused to be tried in some adjoining county, where a fair and impartial trial can be had: Pro- Proviso. vided, that the party accused shall be entitled to a change of venue but once and no more. § 5. That when the venue is changed to an 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 offence was committed. § 6. When a court has ordered a change of venue, if the ac- Warrant for cused be in arrest or confinement, they shall issue a warrant di- conveyance. rected to the sheriff, commanding him safoly to convey the prisoner to the jail of the county where he or she is to be tried, there to be safely kept by the jailor thereof until discharged by due course of law. §7. When the court has ordered a change of venue, they shall Bail. require the accused, if the offence be bailable, to enter into a recognizance with good and sufficient sureties, to be approved by the court or judge, in such sum as the court or judge may direct, conditioned 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 default of default of such recognizance, a warrant shall be issued, as pro- to be issued. vided in the next preceding section. §8. When a change of venue is allowed, the court shall recognize the witnesses on the part of the United States, to appear before the court in which the prisoner is to be tried. bail, warrant Witnesses. United States § 9. The attorney on behalf of the United States, may also Attorney for apply for a change of venue, and the court being satisfied that it may apply for will promote the ends of justice, may award a change of venue upon change of the same terms, and to the same extent, that are provided in this act. APPROVED, March 23, 1843. venue. When to meet. Special ses- Members, when exempt from arrest. AN ACT fixing the time of holding the annual sessions of the Legislative Assembly, and for other purposes. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: 1. That the annual commencement of the session of the legislative assembly, shall be on the first Monday of December, in each and every year. 2. The governor of the territory may, as often as in his opinion the public interest requires it, appoint by proclamation special sessions of the legislative assembly, to be holden at such times as he may designate, not less than twenty days from the issuing such proclamation. §3. No member of the legislative assembly shall be liable to 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 immediately preceding or subsequent to the termination of such session; and any member in arrest during the period Application of such exemption, shall be entitled to an immediate discharge, for discharge. on application to any judge, supreme court commissioner, or justice of the peace, in any county in which such arrest may have been made. Session to ter- § 4. The present session of the legislative assembly shall terminate on the twenty-fifth day of March, 1843. minate. Session to commence. business. §5. There shall be a session of the legislative assembly held at the capitol, in Madison, to commence on the twenty-seventh day of March, A. D. 1843, at ten o'clock in the forenoon, which shall continue until terminated by joint resolution of the said assembly. Completion of $6. At the said session, to be held on the said twenty-seventh day of March, 1843, the council and house of representatives may proceed to complete the unfinished business remaining in their respective houses at the termination of the present session. Act repealed. To take effect. 7. An act of the revised statutes, entitled "an act relative to the sessions of the legislative assembly," is hereby repealed. §8. This act shall take effect from and after its passage. APPROVED, March 23, 1843. AN ACT to provide for the election of sheriffs, judges of probate, and justices of the peace. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: § 1. There shall be a general special election held in the se- Elections, when held. veral counties and towns in this territory, on Monday, the first day of May, A. D. 1843, at such places in the several counties and towns as now are, or may before that time be fixed upon, in pursuance of law, for holding such elections. ed. §2. All elections held in pursuance of the provisions of this How conductact, shall be conducted in such manner as is now or may be provided by law for holding general elections in the several counties of the territory. elected. §3.. There shall be elected in each of the counties of this What officers 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 after 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, liabilities, 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, be 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 counties organized for judicial purposes, by the qualified voters of such county and of the 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 qualified, and the qualifications, rights, liabilities, powers and duties of the said officers shall be the same as prescribed by law: Provided, 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 officers, and of How conductdetermining the persons elected to said offices respectively, shall be the same as prescribed by law for canvassing the votes for ed. |