whom the justice may direct, shall thereupon make a list of twice the number of jurors demanded, who may be qualified to serve as jurors in courts of records of Milwaukee county, and the parties shall then alternately strike therefrom, the defendant commencing, so many names as will leave remaining the number demanded. The court shall thereupon issue a venire, commanding the officer to summon those so remaining to appear before him, at such time as he may direct, to make a jury for the trial of the said action, and the court may compel their attendance by attachment. Either party may challenge any juror for cause, and deficiencies occasioned thereby or by any other cause, shall be supplied by talesmen, to be selected and summoned by the officer; if the defendant shall not demand a jury, the city or state may demand a like jury, as is above provided; and if no jury be demanded, it shall be deemed a waiver of a jury trial. If either party declines to strike from the list the names which he is entitled to strike, the court shall strike the same for such party. Each juror shall receive for his services fifty cents.

SEC. 4. Witnesses and jurors shall attend before the Witnesses and police court, in all city and criminal prosecutions, without jurorsto attend the payment of fees in advance or a tender thereof, upon ment of fees. the process of the court duly served, and in default there

without pay

Justice may issue execution.

of, their attendance may be enforced by attachment. In case the jury, after being kept a reasonable time, should disagree, they shall be discharged without the payment of fees, and thereupon the court shall adjourn the cause to a day certain, and issue a new venire as aforesaid.

SEC. 5. In city prosecutions the finding of the court or jury, shall be either guilty, or not guilty. If guilty, the court shall render judgment thereon against the defendant, for the fine, penalty, or forfeiture contained in the ordinance, by-law or resolution for the violation of which the person or persons shall have been adjudged guilty, and for the costs of suit; but if not guilty, the costs shall be taxed against the city. Upon conviction and the nonpayment of such judgment, the court may forthwith issue an execution, and shall determine and enter upon the docket the length of time the defendant shall be imprisoned, which, in no case, shall exceed six months, and also insert such time in the commitment or execution. Such execution may be in the following form:

State of Wisconsin.
City and County of Milwaukee.

}

To the sheriff or any

Form of exe

day oftion.

constable of the county of Milwaukee, the city marshal,
and to the keeper of the common jail in said county:
Whereas, the city of Milwaukee, on the
recovered a judgment before the police court of
for the sum of

18

dollars,

said city, against
together with dollars costs of suit, for the violation
of (here insert the number of section and title of the or-
dinance, as set forth in the complaint.) These are, there-
fore, in the name of the state of Wisconsin, to command
you to levy distress on the goods and chattels of the said
(excepting such as the law exempts,) and
make sale thereof, according to law in such cases made
and provided, to the amount of said sums, together with
your fees, and twenty-five cents for this writ, and the same
return to me in thirty days; and for want of such goods
and chattels, whereon to levy, take the body of the said
and him convey and deliver to the keeper
of the common jail in Milwaukee county. And the said
keeper is hereby commanded to receive and keep in
custody, in said jail, the said
for the term
, unless said judgment, together with all
costs and jail fees are sooner paid, or he be discharged by

of

due course of law.

day of
[L. S.]
Police Justice.

The form of commitment may be substantially the same as that of the execution, leaving out all that relates to levy and sale, and return of the writ.

Defendant may appeal.

SEC. 6. The defendant in all city prosecutions, may appeal to the circuit court of Milwaukee county by filing an affidavit and bond, and complying with all the requirements of appeals in civil cases before justices of the peace: Provided, however, That such appeal shall be Proviso. taken and perfected within twenty-four hours from the time that judgment is rendered in the suit. Upon any appeal being taken and allowed, the police justice shall stay all further proceedings in the case, and the defendant if in custody, shall be discharged; and the police justice shall transmit the papers in the case so appealed, with a transcript of his docket, to the clerk of the circuit court, on or before the first day of the term thereof next after the appeal shall have been allowed.

SEC. 7. The jail fees and officers fees for commitment Costs, how to in prosecutions in behalf of the city, shall be audited and be paid.

Chap. 36.

To what time postponed.

turnable.

allowed by the common council, when the same cannot be collected of the defendant before his discharge; and said common council may, by resolution, direct the police justice to discharge from the jail, any person confined for a judgment due said city, but such discharge shall not operate as a release of the judgment, unless said common council shall so direct in their resolution. Upon filing a certified copy of such resolution, attested by the clerk of the common council, the police justice shall order such defendant discharged from custody, and make an entry of such discharge upon his docket; an execution may issue or be renewed by indorsement from time to time before or after the return day thereof, and before or after the commitment of the defendant, until the judgment is satisfied or released; but after the defendant shall have been committed no execution shall be issued against the body of the defendant, nor if previously issued shall authorize the taking of the body of the defendant thereon.

SEC. 8. This act shall take effect from and after its passage, and all acts and parts of acts contravening any of the provisions of this act are hereby repealed. Approved, March 17, 1853.

An Act to postpone the April Term of the Circuit Court for Dane County,
for the year 1853, until the October Term of the same year.
The people of the State of Wisconsin, represented in
Senate and Assembly, do enact as follows:

SECTION 1. The regular April term of the circuit court for the county of Dane, for the year 1853, is hereby postponed until the October term of the same year.

SEC. 2. All writs at law or in chancery, venires, summonses, indictments, recognizances, and all other proHow writs re- ceedings whatsoever made returnable or appertaining to the said April term of the said circuit court for the year 1853, shall be considered returnable and appertaining to the October term of said court, of the same year, as fully in all respects as though the same had been originally made returnable at the said October term; and all adjournments, appearances, continuances, motions and notices to said April term of said court shall be considered to appertain and belong to the said October term of said court, any rule or law to the contrary notwithstanding: Provided, This act shall not interfere with or affect any special term of said court.

SEC. 3. This act shall not be construed so as to change Not to affect the time of holding or affect the regular terms of said regular terms court, in said county of Dane, after the said October term

thereof. SEC. 4.

This act shall take effect and be in force from

and after its passage.

Approved, March 17, 1853.

An Act changing the Terms of the Circuit Court, in the Fifth Judicial
Circuit, and the Terms of the County Court of Grant County, in this Chap. 37.

State.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. Hereafter the terms of the circuit court of Terms of court Richland county, in the Fifth judicial circuit of this state, in Richland shall be held on the second Monday of November and county. May in each and every year.

SEC. 2. Hereafter the terms of the county court of, Grant county shall be held on the first Monday of February, May, August and November in each and every

year.

In Grant

SEC. 3. All writs, summons, process, indictments, re- Writs, how re cognizances, appeals and other proceedings made returna- turnable. ble to the terms or term of the said circuit and county court, as now fixed by law, shall be returnable to the terms of said courts as the same are herein fixed; and all adjournments, appearances, continuances, motions and notices of any proceedings in said courts, made or taken to any term of a date subsequent to the time when this act shall take effect, shall be held to be made and taken for the time herein fixed for holding the terms of said courts.

SEC. 4. This act shall be published immediately after its passage, under the direction of the secretary of state, in a newspaper printed at Madison, and upon such publication it shall take effect and be in full force. Approved, March 17, 1853.

An Act to authorize Railroad Companies in this State to construct across highways, streets and water-courses.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any railroad company constructing a rail

Chap. 38.

road in this state, shall have power, and they are hereby Where compa-authorized to erect and construct their road or roads,

ny may construct road.

Proviso.

Dimensions of

across, along or upon any stream of water, water-course, road, highway, street or canal, which the railroad of any company, being constructed, or to be constructed in this state, may touch or interest, [intersect,] but in every instance, the said stream of water, water-course, road, highway, street or canal, which shall be so touched or intersected as aforesaid, shall be finally restored to its former usefulness. And whenever the track of any railroad shall touch, intersect or cross any road, highway or street, such road, highway or street may be carried over or under the said railroad, as may be found most expedient, for the public good. And in case any embankment or cut, in the construction of any railroad, shall make it necessary to change the course and direction of any highway, road or street, it shall be lawful for any company, constructing its road, to so change the course or direction of such road, highway, or street: Provided, That the distance of any road, highway or street, shall not be lengthened more than five rods, nor changed from its original course more than six rods, by such change of course or direction.

Sec. 2. Whenever it shall be necessary by means of an passage-way. embankment, in the construction of any railroad, in this state, it shall be necessary to erect a bridge or arched culvert, over any highway, road or street, it shall be lawful for any railroad company to construct the same, so as to give a clear passage-way along the said highway, road or street so bridged or arched, of twenty-feet.

SEC. 3. This act shall take effect from and after its passage.

Approved, March 17, 1853.

Chap. 39. An Act providing for the election of certain officers in the Counties of

Election of officers.

Washington and Ozaukee, and for transcribing records of Washington
County,

The people of the State of Wisconsin, represented in
Senate and Assembly, do enact as follows:

SECTION 1. That all officers elected for the county of Washington, residing in the county of Ozaukee, at the time of the passage of this act, shall be and remain officers of the county of Ozaukee, with the powers and jurisdiction which of right appertains to officers of other