Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1848-07-14

in Senate and Assembly; do enact as follows:
SEC. /. An election for Judges Of the circuit
courts of this State shall behc.d in each Of the u
dcia circuits on the first Monday of August in the
wear one thousand eight hundred and forty eight.
The election shall be conducted and votes canvass
ed in the same manner, as at general elections for
state and county officers; the inspectors or Judges
of said election shall make returns to the clerk of
the board of supervisors county commissioners of
their respective countless Immediately after the
same are canvassed and the clerks of the boards Of
supervisors county commissioners shall file the
same in their office, and forthwith transmit
tilted copy thereof to the Governor of the State.
Sec 2 On the fourth Monday in August as
soon as the returns from all the counties of any cir
cum are received by the Governor, he together with
the Secretary of State and Treasurer shall proceed
to canvass the same; the person having the highest
number of votes cast in such circuit shall be the
Judge of such circuit and the Governor shall trans
init the person elected certificate of his cleo
tiOn under the seal of the State and in case there
shall be Il tie, or a vacancy from any other cause
in more Of the circuits, the Governor shall
forthwith proclaim the fact and Immediately order
new election to be held iii the circuit or circuits
where such tie or vacancy has happened.
SEC. g. The Judges elect shall before entering
upon the duties Of their office, each take and sub
scribe the following oath or affirmation, " --
do solemnly swear (or affirm, tho case may be-
that | will support the Constitution of the United
administer Justice without respect to persons, and
will faithfully and mpartially discharge the duties
ofthe office of Judge of the supreme and circuit
courts of the State of Wisconsin according to the
best of my ability, which said oath shall be duly
certified by the officer administering the same; and
by said Judge filed in the office of the Secretary of
State said Judges shall severay enter upon the
duties of their office elected and quail
flied.
SEC. 1. The Judges of the circuit court elected at
the first election thereof shall be classified by lot to
be publicly drawn by the Secretary of State; and
IN his absence by any person appointed by the Go
in the presence of the Governor, Treasurer,
Attorney General, and the said Judges or a MAORI
" of them, at the office of the Secretary of State
Immediately after the completion OF the canvass of
the votes given at the first election of such Judges:
The classes shall be numbered one, two,hrcc, -four,
and five, according to the time of service of each
the class having the shortest time to serve being
number one ahd the Judge whose lot shall fall in
class numbered one shall hold his office for two
wears and until his successor shall be chosen and
qualified: the iudye whose lot shall fall in class
numbered two shall hold his office for three years,
and until his shall be chosen and quaIli
ed the Judge whose lot shall fall in class number
ed three shall hold his office for four years, and un
I'll his successor shall be chosen and qualified the
iudgc whose lot shall fall in class numbered four
shall hold his office for five years, and until his
successor shall bc chosen and qualified and the
Judge whose lot shall fall in class numbered five,
shall hold his office for SIN years. and until his snc
ccssor shall be CHOSEN and qualified and the sand
Judges shall then and there ballot for one of their
number to b. chief justice, and the person having
majority of all the ballots cast shall be chief just
re- and certificate of said drawing classification
and ballotng shall be signed by the Governor and
Secretary of State: and filed and recorded in the
Office Of the Secretary of State.
SIZE ). The circuit courts shall have and eXer
Il. L.. -, l,,~ Dt.Ni,Ar
erciscd bv the district courts Of the Territory of
Wisconsin: theV shall have original jurisdiction oil
all cases both IN law and equity, and Il supervisory
jurisdiction over all inferior courts and jurisdictions:
they may prescribe all such rules of practice and
other rules to regulate their proceedings ANA TO Ia
cilitate the administration of justice as they may
deem necessary not inconsistent with the laws Of
this State such rules shall be prescribed by the SUI
prcmc court and shall be uniform in the several CIR
SEc. g. The Judges of the circuit court shall be
conScrvators of the peace throughout the STATE ana
Shall have the same powers to preserve the peace
as have heretofore been conferred upon tlr JUDGES
al the district courts of the Territory of Niscon-
SIN.
SEC. :. All writs issuing from the circuit courts
shall bc in the name of the State of Wisconsin =
shall bear date the day they are issued and shall
hr tested in the name Of the Judge OF IA circuit III
which they are issued, and shall be rcturnahlc ON
their issue unless otherwise otherwise directed by
the Judge or by rule of court, and be- signed by the
clerk aud sealed with the seal of the court and shall
run to the proper officer of the county in which IT
is issued, but alias wuts after service upon one de-
PENDANT may be- issued to co-dcicndantS and be d.
rrrted to any county in the State.
SpC. : Until seals for the circuit courts are pro-
ydcd the seals Of the supreme and district courts of
the Territory Of Wisconsin shall he used and the
aIi wing such seals shall be deemed sufficient seal
nr of all writs and process, record eNemphcations
or attcStatons of said courts which by law are re-
o,,irsd TO be authenticated by the seal of the court
SIC. 2, The circuit court shall have power to
ISSUE writS Of Injunction, mandamus ccrtlorarl, quo
warrautu, and all other writs, process, powers and
commissions according to the common usage OF
courts OF record of common law and equity lurlSdic
tlpu. necessary to the full and complete jurisdiction
of the causes and the parties, and to the iui and
complete administration of justice and 70 the carry
tn, into effect of their judgments, orders and de-
CrrrS.
Ser 10. Az laws regulating the practice or pro-
cccdinCs or prescribing the powers and duties OF the
supreme aud district courts of the territory OF rs
cuusiu the Judges thereof, in force on the thr-
trrnth day of March. \. ID. II IL, not repugnant
10 the constitution OF the state of Wisconsin, shall
continue in force aud apply 10 the supreme and cir
cunt courts of this state until altered or repealed by
the legislature and and all the rules of practice OF
said supreme aud district courts Of the territory OF
Wisconsin, shall continue valid and operative rs lar
a~ the same may be applicable. unUl altered or
amended BY the supreme and circuit courts OF this
state respectively.
SEC II. In ease the nudge of the circuit court
shall be Interested in any cause or causes pending IN
said court. shall have acted as attorney, solicitor
or counsellor for either of the parties thereto, the
sand judge shall not have power to hear and deter
mine such cause or causes except by consent IN
writing of the parties thereto: and upon motion the
said Judge shall order change of venue to an ad
oining district, and the Judge of said district shall
hear and determine said cause or causes
SEC H. ANY circuit Judge may hold court in
any circuit other than that for which he was elect
ed in case of the absence, sickness. other diSab
y of any one Of the Judges to hold the regular term
terms of court,
SEc. 10. All process or commissions heretofore
issued in the name OF the territory OF Wisconsin or
the name Of the United States by virtue Of any
law of the territory of Wisconsin or under the au-
thorty Of the same and all judgments, DEGREES and
orders heretofore made by any court Judge or JUS
tee of the peace acting or by virtue OF any law OF
the territory or of the United States shall have the
same force and effect as if the territorial govern
mcut had not been terminated; and all wrlts here-
toore issued and made rcturnahe AT the terms OF
&C. hnlt he