Judges may hoid special tezius. courts, at any time hereafter, shall be considered as returnable at the times fixed in this act for holding the next ensuing terms of said court, and all causes adjourned, continued, or noticed for trial or argument, shall be held to be for trial or argument at the times fixed by this act for holding the next ensuing terms of said courts in said counties respectively. § 7. It shall and may be lawful for the judge of the district courts for either of the aforesaid counties, to hold special or adjourned terms, at any time he shall deem it necessary, for the purpose of hearing and disposing of all motions or questions of law, and all judgments, orders, or decrees, that may be made or entered at said special terms, shall be as valid and effectual, to all intents and purposes, as any judgments, orders, or decrees, made or entered in term time. § 8. It shall and may be lawful for the judge of the district court of either of the aforesaid counties whenevDeficiency of er there shall happen to be a deficiency of jurors for any jurors how cause whatever, to award a special venire or venires, filled. through the term on any day or days of the term to the sheriff of the proper county to summon a number of jurors sufficient to complete the number of the original panel. Sheriff to sum mons. ded. Judges of Pro. bate. § 9. Whenever any counties, or counties organized Counties divi. or attached for judicial purposes, shall have been or shall hereafter be divided into two or more districts for the election of judges of probate, all causes, proceedings and matters pending in any of the probate courts at the time of such division, shall be continued, proceeded in, heard and determined, and the estates to which they may refer, shall be finally settled, in the same manner they could have been had no such division taken place, and for that Order, &c. to purpose, the process and orders of any such court, shall have force in all parts of the district as the same existed prior to such division. have force. Acts repealed. § 10. The act entitled "An act to amend the act of the revised statutes concerning the supreme and district courts," approved February 16, 1842, is hereby repealed, and all acts or parts of acts contravening the provisions of this act are hereby repealed. § 11 This act shall take effect on the first day of March next. APPROVED, January 27, 1844. AN ACT to submit to the people of Wisconsin the question of the expediency of forming a state government. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin, as follows, to wit: That at the general election to be held in this Ter- When to vote. ritory on the fourth Monday of September next, all Who may vote persons who shall be authorized by any law of the Territory, which has been or which may be hereafter passed, to vote on the question of forming a state government, shall be authorized to vote on that question at said election, by depositing with the judges of election in a separate box, to be prepared and kept by them, a ballot upon which shall be written or printed, "for state government" or "against state government," and all such votes shall be canvassed, certified and returned in the same manner as is required by law for canvassing, certifying and returning of votes for Delegates to Congress, and the secretary of the Territory is hereby required to cer- canvassed and tify to the Legislative Assembly at its next session, the returned. result of such vote. APPROVED, January 26, 1844. Shall deposite vote. For or against Votes how AN ACT supplementary to an act to provide for the punishment of offences against the public peace. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: § 1. That in all cases of indictment in the district court, for assault with intent to commit any felony, it may be lawful for the jury, in case they do not find the felonious intent charged, to convict of the assault; and the Jury may con. person so convicted, shall be punished by imprisonment in the jail of the county, for a term not exceeding one year, or by fine not exceeding five hundred dollars. § 2. In cases appealed to the district court under or in pursuance of article thirteenth, of the act concern Viat for assault ing justices of the peace, if the judgment of the justice shall be affirmed or upon any trial of the district court, On conviction the defendant should be convicted, and a fine assessed to pay fine. the person so convicted, shall be sentenced to pay such fine as in other cases, and the court in addition shail enJudgment a ter judgment against the person so convicted, and his gainst suretics sureties in the appeal for the amount of such fine, and all costs and award execution for the same as in cases of appeal from justices of the peace in civil actions, and sections eighteen and nineteen of said article are hereby repealed. Execution. Jurors how drawn and Need not pay §3. That the jury in criminal trials before justices of the peace shall be drawn, and summoned in the same manner as now provided by law in civil cases; and it shall not be requisite for either party to pay the jury fee in advance in such cases, or for an appellant in criminal cases, to pay any fees in advance, upon the taking such appeal. APPROVED, January 27, 1844. Organized. the county. AN ACT to organize the county of Sauk. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: § 1. That from and after the second Monday in March, 1844, the county of Sauk shall be and remain, to all intents and purposes, an organized county of this Territory, and shall have all the rights and privileges which organized counties in the same of right have; and the said county of Sauk, shall when the township lines within its limits shall be surveyed be bounded as follows, to wit: on Boundaries of the north by the town line between towns thirteen and fourteen, and the right bank of the Wisconsin river, whereever said bank extends south of said line, on the east by the range line between ranges seven and eight east, and the said right bank wherever the same extends west of said line, on the south by a line running through the middle of the main channel of the Wisconsin river, where the said river runs through ranges seven, six, five, four, and three east, and on the west by the range line between ranges two and three east, and until the said township lines are surveyed, its boundaries shall be as now prescribed by law. § 2. For the purpose of electing the firs: county offi cers, the polls of election shall be opened on the second Elections Monday in March, 1844, at the house of William H. Hub- when and bard, in Sauk Prairie precinct, and at the house of James Webster, in the Baraboo precinct, in said county, and be conducted in all respects as is provided by law, for the election of officers in other counties. §3. The returns of the first election shall be made to the clerk of the board of county commissioners of Dane county, who shall proceed to canvass the votes and issue certificates of election in the manner provided by law. Returns how made. § 4. All officers elected agreeably to the provisions of the preceeding section of this act, shall hold their office Tenure of until the time of holding the next succeeding general elec-office. tion in the Territory, and until others are elected and qualified; and all subsequent elections shall be held at the time and in the manner now provided by law for holding elections in other counties. § 5. Noah Phelps of Green county, Charles Hart of Milwaukie county, and John Morrison of Jefferson county-are hereby appointed commissioners to locate and Commission. establish the seat of Justice of said county of Sauk. crs. When and where to mcet. § 6. The said commissioners, or a majority of them, shall meet at the house of William H. Hubbard in said county, prior to the first day of April next, and on such day as they may agree upon, and before proceeding to discharge the duties assigned them by this act, shall severally take an oath before some person authorized to ad- Take oath. minister the same for the faithful performance of the duties of their appointment. § 7. It shall be the duty of said commissioners to make a careful examination of said county, having regard to Shall examine the present and probable future population of said county, county. and to locate the seat of justice thereof, where in their opinion it will be for the best interest of the county. § 8. So soon as the said commissioners shall have made the location as aforesaid, it shall be their duty to make and file their report in the office of the register of deeds Where to file for said county, who shall record the same, and said com- report. missioners shall immediately certify to the Governor of Certify to Gothe Territory, where the seat of justice of said county vernor. has been located by them, and the Governor shall there Compensation how paid. Second Dis. trict. Suits commenced. cords. upon issue his proclamation, declaring the place so selected, and certified by them to be the seat of justice of said county. § 9. The said commissioners are hereby allowed three dollars per day, each to be paid out of the treasury of the said county of Sauk, for every day they are necessarily employed in such service. § 10. The county of Sauk shall constitute a part of the Second Judicial District, and the term of said court shall be holden on the last Monday in September annually, and the first term of said court to commence in September, 1844. § 11. All cases which may have been removed by appeal or certiorari from the judgment of any justice of the peace of said Sauk county to the district court of Dane county before the taking effect of this act, shall be prosecuted to final judgment in said district court in the same manner, and the same court shall have jurisdiction to proceed therein as if this act had not been passed. County Com. § 12. The board of county commissioners shall hold missioners to their regular sessions semi-annually at the seat of justice hold session. in said county on the first Monday in April and October. § 13. The register of deeds of the county of Sauk shall Transcribe re- have the privilege of transcribing from the records of Dane county,, free from charge, any record of conveyance of land or personal property, or any charge or mortgage concerning the same, lying and being in the county of Sauk, and the same to record in his own office; and such records shall be as good evidence in all courts as the original records of Dane county can be. Tax. secuted. § 14. All personal property in the county of Sauk, shall be taxed in the same proportion that real estate is taxed. § 15. In all cases where suits have been commenced Suits how pro- in the district court for Dane county, previous to the taking effect of this act, and which by the terms of this act could only after the passage of the same be commenced in the district court for Sauk county, it shall be competent for either party to such suit, by application to the clerk of the district court of Dane county, and payment of the legal fees of said clerk for making a certified transcript of all the proceedings therein, to remove such suit to the district court for the county of Sauk, and it shall be the duty of the clerk of the district court of Dane coun |