counties of this state, for the term for which they were respectively elected; and to fill all such offices as the county of Ozaukee, by virtue of its organization shall be entitled to, the legal voters thereof shall hold a special election on the first Tuesday of May next, at the usual place of holding elections in the respective towns of said county of Ozaukee, and then and there elect all necessary officers to fill all such vacancies, whose time of service shall commence on the first day of June next, and continue until the time now provided by law for the election. of their successors. The said election shall be conducted in all respects in the manner now prescribed by the law regulating general elections, and the votes cast at said election shall be returned and canvassed as therein provided.

SEC. 2. That all officers residing in the county of Washington, at the time of the passage of this act, who May hold spe were elected for Washington county, at the last general cial election. election, and who do not reside in the county of Ozaukee, as defined in the first section of "an act for the division of the county of Washington and the erection of the county of Ozaukee," shall be and remain officers of Washington county during the term for which they were respectively elected; and to fill the vacancies in all such offices in the county of Washington, as by virtue of this act shall become vacant, the legal voters of the said county of Washington shall hold a special election on the first Tuesday of May next, at the usual place of holding elections in the respective towns of said county of Washington; and the term of office of such officers as may be chosen at such election shall commence on the first day of June next and continue until the time now provided by law for the election of their successors.

Sac. 3. The register of deeds of the county of Washington shall have the privilege of transcribing from the records of said county in suitable books to be provided by transcribe recRegister may him for that purpose, any record of conveyance of lard or ords. personal property, or any charge or mortgage conceming the same, lying and being in the county of Ozaukee; and such records shall be as good evidence in all courts as the original records of Washington county; and the said register of deeds of the county of Washington shall be paid a sum not to exceed five cents per folio, by the county of Ozaukee.

SEC. 4. All acts and parts of acts contravening the provisions of this act are hereby repealed.

SEC. 5. It shall be the duty of the secretary of state to cause this act to be published forthwith, and it shall take effect from and after its passage.

Approved, March 19, 1853.

Chap. 40.

Seventh judicial circuit.

Times and pla

An Act to organize a Seventh Judicial Circuit, and to provide for the election of a Judge thereof.

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

SECTION 1. From and after the first Tuesday in April, in the year one thousand eight hundred and fifty-four, the counties of Adams, Waushara, Waupacca, Portage and Marathon, sha'l be organized into, and constitute a judicial circuit, to be known and designated as the seventh judicial circuit.

SEC. 2. The circuit courts of the said seventh judicial ces of holding, circuit, shall be holden at the times and places following,

courts.

to wit:

In the county of Marathon, on the last Monday in
February, and last Monday in August of each year.

In the county of Portage, on the second Monday in
March, and second Monday in September in each year.
In the county of Adams, on the fourth Monday in
March, and fourth Monday in September in each year.
In the county of Waushara, on the fourth Monday in
April, and the first Monday in October in each year.

In the county of Waupacca, on the second Monday in April, and second Monday in October in each year. And the judge of the said seventh judicial circuit shall hold at Special term. least one special term in each of the ab ve named counties in each year, at such time as he shall designate, notice thereof to be published in some newspaper printed in said circuit, for four successive weeks previous to the time appointed for the holding of such special term: Provided, That no jury shall be summoned at such special terms: Provided further, That each of the circuit judges in this state shall hold a special term in his circuit, as provided in this section for the judge of the seventh circuit.

Proviso.

Election for judge.

SEC 3. An election for judge of the said seventh judicial circuit shall be held on the first Tuesday in the month of April, 1854; the election shall be conducted and the votes canvassed 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 of their respective counties, immediately after the same are canvassed, and the said clerks of the board of supervisors shall file the same in the offices, and forthwith transmit a certified copy thereof to the governor of this state.

SEC. 4. On the first Monday in June following said How returns election, or as soon as the returns from all the counties of to be made. said circuit are received by the governor, he, together with the secretary of state and treasurer, shall proceed to canvass the same; and the person having the highest number of votes cast in said circuit, at said election, shall be the judge of the said seventh judicial circuit, and the governor shall transmit to the person so elected, a certificate of his election, under the seal of the state, and in case there shall be a tie, the governor shall forthwith proclaim that fact, and order a new election in said circuit.

SEC. 5. The judge so elected shall, before he enters Oath of office. upon the duties of his office, take and subscribe the following oath or affirmation, viz: "I,

do

solemnly swear (or affirm as the case may be,) that I will support the constitution of the United States, and of the state of Wisconsin, and that I will administer justice without respect to persons, and will faithfully and impartially discharge the duties of the office of judge of the circuit court of the state of Wisconsin, according to the best of my ability;" which said oath or affirmation shall be duly certified by the officer administering the same, and by Baid judge filed in the office of the secretary of state.

SEC. 6. Said judge shall enter upon the duties of his office as soon as elected and qualified, and shall have all Powers, &c, of the rights, privileges, powers and jurisdiction of other judge. judges of the circuit court, in all respects whatever, and shall perform like duties, and receive like compensation, and shall hold his office for six years from the time of his election and until his successor shall be elected and qualified.

SEC. 7, This act shall take effect and be in force from and after its passage..

Approved, March 19, 1853.

6

Chap. 41.

Contestant to give notice.

Must take de positions.

Provisos.

An Act to provide for contesting elections of members of the Senate and
Assembly.

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

SECTION 1. That hereafter any person wishing to contest the election of any member to the Senate or Assembly, shall give notice in writing to the person whose election he intends to contest, that his election will be contested, stating the cause for such contest briefly, within thirty days from the time of the decision of the board of canvassers that said person is elected.

SEC. 2. After the service of such notice, either party may proceed to take depositions of any witnesses, before any judge, court commissioner, or justice of the peace, in the senatorial or assembly district where the contest is pending, after giving ten days notice to the opposite party of the time and place of the taking of the deposition or depositions, and before whom to be taken, and the depositions so taken, may be used and read in evidence before the branch of the legislature where the contest is to be determined: Provided, That the officer before whom said depositions may be taken, shall carefully envelope and seal up the same, endorse on the envelope the names of the contestant and the person claiming the election, and direct the depositions thus endorsed, to the presiding officer of the branch of the legislature where the contest is to be examined and determined; and Provided further, That after the notice of contest is given as prescribed in the first section of this act, both parties may proceed to take depositions of such witnesses as they may deem necessary to decide the merits of the contest in the manner provided in the second section of this act; and no other depositions than those taken under the authority of this act, shall be used as evidence by the branch of the legislature where the contest is to be determined, nor shall said branch of the legislature, by its committees, or otherwise, seek to procure other testimony, but shall proceed forthwith to determine the contest upon the evidence furnished by the parties under this act: Provided further, That all testimony in such contest, shall be completed on or before the last Monday preceeding the day fixed by the constitution for the meeting of the legislature, except in case of sickness or the unavoidable absence of witnesses.

Approved, March 19, 1853.

An Act to amend chapter nineteen of the Revised Statutes.

The people of the State of Wisconsin, represented in Chap. 42. Senate and Assembly, do enact as follows:

SECTION 1. Section eighty-three, of chapter nineteen, of the revised statutes, is hereby amended, by striking out all previous to the words "and the parents and guardians," and inserting in place thereof, "Any resident of a school district;" and by striking out the words "such library," and inserting in place thereof, "the school district library of said district," so that said section shall read: Any resident of a school district, and the parents and guardians of all the children therein, between the ages of four and twenty years, shall be permitted to use books from the school district library of said district, without charge, being responsible to the district for the safe return thereof, and for any injury done thereto, according to such rules and regulations as may be established by the state superintendent.

SEC. 2. This act shall be printed immediately after the passage thereof, and when so printed shall be in full force. Approved, March 19, 1853.

An Act in relation to School Lands.

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

Chap. 43.

praisers,

SECTION 1. In all cases where, through mistake or neg- Governor may ligence of appraisers, any of the school or university lands appoint apshall remain nappraised, the Governor may appoint one' or more, not to exceed three appraisers in the counties in which such lands are situated, whose duty it shall be, after receiving notice of their appointment, and the necessary instructions, to proceed to appraise such lands and make returns thereof in the manner provided by an act entitled an act to provide for the subdivision and appraisal of school lands in counties therein named, and granting pre-emption rights thereon, approved March 15th, 1852. SEC. 2. At any time after receiving the report of the Lands omitted to be appraisappraisal of any lands omitted by previous appraisers, as ed, how sold. mentioned in the first section of this act, the school commissioners may, upon giving the notice required by section five, of chapter twenty-four of the revised statutes,