of the Governor to cause the same to be performed and executed by some other person. M. C. DARLING, Speaker House of Representatives. NELSON DEWEY, President of the Council. APPROVED, January 31, 1846. HENRY DODGE. Courts where held. Writs, &c., AN ACT to change the time of holding courts in certain counties in the Second Judicial District. BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. The District Court shall be holden at the county seat of the several coumies in the second judicial district hereinafter mentioned, at the times specified herein, to wit: Dane county, the last Monday in April, and the sixth Monday after the fourth Monday in October: uk county, the second Monday in May, and the third Monday in Oc.'ober: Portage county, the second Monday in September: Jefferson county, the third Monday in May, and fourth Monday in Octo, er: Walworth county, the fourth Monday in May, and the first Monday after the fourth Monday in October: Rock Monday after the county, the second fourth Monday in May, and the third Monday a. fter the fourth Monday in October: Green county, the fourth Monday after the fourth Monday in May, and the fifth Monday after the fou. day in October. -th Mon SEc. 2. All writs, summons, process, indictment, recogni zance and other proceedings in any of the said coun 's which now 'I take ef are, or may hereafter be made returnable in any of said courts in holding the spring terms of said courts, and all adjournments, appearances, 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. Sec. 3. So much of any and all former acts as conflict with the provisions of this act, are hereby repealed. MASON C. DARLING, President of the Council. APPROVED, February 3rd, 1846. HENRY DODGE. AN ACT to provide for the more convenient mode of contesting the election of county and other of ficers. BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. That hereafter any person wishing to contest the election of any person to any county or township office, except the office of chairman of town supervisors, shall give notice in Notice how writing to the person whose election he intends to contest, that given. his election will be contested, and stating the cause for such contest briefly, within thirty days from the time said person shall claim to have been elected. SEC. 2. Said notice shall be served in the same manner as a How served. summons issued by a District Court, ten days before any hearing upon such contest as herein provided, shall take place, and shall State the time when and the place where such hearing shall be Proviso. had. Upon the return of said notice served to the clerk of the District Court of such county, who shall thereupon enter the same upon the issue docket as an appeal case, the same shall be heard in its order by the court: Provided, That if the case cannot be determined by the District Court in term time, within one month after the termination of such clection, the Judge of the district may hear and determine the same at chambers, as soon thereafter as may be practicable, and shall make all necessary orders for the trial of the case,and carrying his judgment into effect: Provided, that this section shall not apply to township officers. SEC. 3. In case of a contest between any persons claiming to. be elected to any township office, except as aforesaid, said notice shall be served in manner aforesaid, and shall be returned to the Judge of Probate of the county in which the parties reside. Upon. the return of said notice served, to the said Judge of Probate, Judge of Pro, and on the day, and at the place therein named, the said Judge. bate to try. of Probate shall hear and determine such contest, and shall make all necessary orders for the trial of the case and carrying his judgment into effect. Subpenas awarded. SEC. 4. Each party shall be entitled to subpenas and subpe-. nas duces tecum as in ordinary cases at law; and the court shall hear and determine the same in such manner as shall carry into. effect the expressed will of a majority of the legal voters, as indi-. cated by their votes polled for such office, not regarding technicalities or errors in spelling the name of any candidate for such of fice. And the clerk of said court or said Judge of Probate shall issue certificate to the person declared to be duly elected by said. court, which shall be conclusive evidence of the right of said person to hold said office. SEC. 5. The clerk of the board of supervisors, or the clerk of the board of county commissioners, or the clerk of any town as. aforesaid, shall not construe the statutes concerning the opening of the election returns so as to decide all matters of law and fact. himself, but the clerk aforesaid, and the two justices he shall call Who to con to his assistance, shall constitute a board, a majority of whom stitute a board shall decide all matters of disagreement; and said board shall disregard technicalities and miss-spelling, or abbreviations of the names of candidates for office, if it can be ascertained from such votes, or otherwise, for whom they were intended: but they shall not count votes polled in any place but established precincts; and to canvass. a breach of the provisions of this section shall be deemed a misdemeanor in office and be punished accordingly. SEC. 6. This act shall not be so construed as to impair in any way, the right of any person to contest any election in the manner how provided by law. APPROVED January 22, 1846. AN ACT relating to the purchase and redemption of real estate sold on execution. BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin: pealed and re SECTION 1. The tenth section of the act entitled "an act to Sections reamend an act of the Revised Statutes of Wisconsin Territory en-vived. titled 'an act concerning judgments and executions,"" is hereby repealed; and the seventieth and eighty-first and eighty-second sections of the act entitled "an act concerning judgments and executions," are hereby revived and brought into full force. SEC. 2. No deed of real estate sold on execution, shall be giv en by the sheriff until the expiration of twenty-seven months from the time of such sale. Time when deed given. SEC. 3. No person shall acquire the rights of the original pur- Title how acquired. chaser of real estate sold on executions, until he shall have paid the sum of money which was paid on the sale of such real estate, Yogether with interest thereon, at the rate of ten per cent, a year from the time of such sale, and when any person has acquired such rights, he shall not be divested of them until he shall have been repaid the sum paid by him, together with interest at ten per cent. per annum from the time of such payment; and the seventy-first and the seventy-fifth sections of the act entitled "an Former act act concerning judgments and executions," are hereby amended accordingly. amended. SEC. 4. This act shall take effect and be in force from and after its passage. APPROVED January 21, 1846. AN ACT to amend the several acts of this Territo ry concerning the Supreme and District Courts. BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. If from any cause, only two of the Judges of the Supreme Court shall be present at the argument of a cause, and When judges they cannot agree in their opinion, the cause shall be re-argued before a full court; but if one of the Judges cannot sit in the cause, and the court shall be divided in opinion, the judgment of the court below shall be affirmed. cannot agree. Court to award damages. Dist'ct Courts. SEC. 2. In all cases where the judgment of the court below has been superceeded by a writ of error, and the judgment shall be affirmed by the Supreme Court, the Supreme Court shall award ten per cent. damages upon the amount of the judgment below, exclusive of interest and costs, and execution shall be issued therefor in favor of the defendant în error. SEC. 3. No discontinuance, non-suit, dismissal, or quashal of a writ of error in the Supreme Court, shall preclude the party from suing out another writ of error in the same canse within the time limited by law. SEC. 4. The District Courts of the Territory shall have oriJurisdiction of ginal jurisdiction in all cases of mandamus and quo warranto, and in all such cases the final judgment of the District Courts may be re-examined in the Supreme Court upon writ of error duly suèd out and prosecuted as in other cases. Proceedings in SEC. 5. Proceedings in quo warranto shall be by information; quo warranto. and the writ of quo warranto is hereby abolished. A rule to show |