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AN ACT declaring in what cases certain offices shall be deem ed vacant and the manner of filling such vacancies.

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

SECTION 1 All state, district, county and town offices established under the constitution and laws of this state shall be deemed vacant in the following cases to wit: First, whenever there shall be a tie in the votes cast for any such officers at any general or special election, or, second, in case of the death or resignation of any such officer or where no such officer has been elected, or elected shall not qualify according to law; third, whenever any such officer shall remove from the town, county or district in which he was elected or for which he was appointed.

SEC. 2. Whenever a vacancy shall occur in the senate or assembly the officer required to make election returns in the district where such vacancy may occur shall immediately give notice thereof to the governor of this state.

SEC. 3. On receiving such notice of a vacancy in the assembly the governor shall issue a writ of election directed to the sheriff of the county in wich such vacancy exists requiring him to give twenty days notice of a special election to fill such vacancy by causing notice of the time and place or places for holding said election to be published in a newspaper if there be one printed in the county and by posting up three written or printed notices thereof in each town or precinct in the district where such vacancy exists.

SEC. 4. Whenever a vacancy shall occur in the senate the governor shall issue a writ of election directed to the sheriff of that county required by law to make the election returns for the district in which such vacancy exists requiring him to give thirty days notice in each county in said district of a special election to fill said vacancy which notice shall be given by publishing the same in some newspaper in each of the counties in said district where such paper may be printed and in such counties where no newspaper is printed such notice shall be given by posting in conspicuous places three printed or written notices thereof in each assembly district in said county.

SEC. 5. Whenever any vacancy shall occur in any county or town of

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fice in this state such vacancy shall be filled in the manner prescribed by law for filling such vacancies.

SEC. 6. The elections authorized by this act shall be conducted and the returns thereof made and certificates given in the manner provided by law.

SEC. 7. All officers elected under this act shall hold their respective offices for the unexpired term for which their predecessors were or should have been elected.

Approved June 29, 1848.

N. E. WHITESIDE,

Speaker of the Assembly.

HENRY M. BILLINGS,
President of the Senate, pro tem.

NELSON DEWEY.

AN ACT making appropriations to pay to the members and officers of the present session of the Legislature the sums there

in named.

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

SECTION 1. That there shall be paid out of the state treasury to each membe of the senate and assembly the sum of forty dollars to apply on the per diem of said members during the present session of the legislature. SEC. 2. That there shall be paid out of the state treasury to H. G. Abbey chief clerk of the senate the sum of two hundred dollars in part pay for the per diem of said Abbey and his assistants during the present session.

SEC. 3. That there shall be paid out of the state treasury to D. N. Johnson chic clerk of ho assembly the sum of two hundred dollars in part

pay for the per diem of said Johnson and his assistants during the present

session.

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SEC. 4. That there shall be paid to Lyman H. Seaver serge of the senate the sum of fifty dollars in part payment for per diem pay of himself and messenger at this session: and also to John Mulanphy ser geant-at-arms of the assembly the sum of one hundred dollars, in part pay for the per diem pay of himself and doorkeeper and messenger at the pre

sent session.

.SEC. 5. The treasurer shall pay the above sums upon the warrants of the secretary of state who is hereby authorized to issue the same.

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AN ACT to provide for the election of Judges and for the clas sification and organization of the Judiciary of the State of Wisconsin,

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

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SECTION 1. An election for Judges of the circuit courts of this state, shall be held in each of the judicial circuits on the first Monday of August in the year one thousand eight hundred and forty-eight: The election shall be conducted and votes canvassed in the same manner as at general elec. tions for state and county officers: The inspectors or Judges of said elec z tion shall make returns to the clerk of the board of supervisors or county. commissioners of their respective counties immediately after the same are

canvassed and the clerks of the boards of supervisors or county commissioners shall file the same in their office, and forthwith transmit a certified copy thereof to the governor of the state.

SEC. 2. On the fourth Monday in August or as soon as the returns from all the counties of any circuit 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 each circuit shall be the judge of such 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 should be a tie, or a vacancy from any other cause in one or more of the circuits, the governor shall forthwith proclaim the fact and immediately order a new election to be held in the circuit or circuits where such tie or vacancy has happened.

SEC. 3. The judges elect shall before entering upon the duties of their office, each take and subscribe the following oath or affirmation "I

do sole mnly swear (or affirm as the case may be) that I will support the constitution of the United States and of the state of Wisconsin, that I will administer justice without respect to persons, and will faithfully and impar tially discharge the duties of the 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 severally enter upon the duties of their office, as soon as elected and qualified.

SEC. 4. 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 governor in the presence of the governor, treasurer, attorney general and the said judges or a majority 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, three, four and five; according to the time of service of each: the class having the shortest time to serve being number one; and the judge whose lot shall fall in class number one shall hold his office for two years, and until his successor shall be chosen and qualified: the judge whose lot shall fall in class numbered two shall hold his office for three years, and until his successor shall be chosen and qualified: the judge whose lot shall fall in class numbered three shall hold his office for four years, and until his successor shall be chosen and

qualified: the judge whose lot shall fall in class numbered four shall hold his office for five years, and until his successor shall be chosen and quali-, fied: and the judge whose lot shall fall in class numbered five shall hold his office for six years, and until his successor shall be chosen and qualified: and the said judges shall then and there ballot for one of their number to be chief justice, and the person having a majority of all the ballots cast shall be the chief justice: and a certificate of said drawing classification and balloting shall be signed by the governor and secretary of state; and filed and recorded in the office of the secretary of state.

SEC. 5. The circuit courts shall have and exercise all the powers which have been heretofore exercised by the district courts of the territory of Wisconsin: they shall have original jurisdiction of all cases both in law and equity, and a supervisory jurisdiction over all inferior courts and jurisdictions: they may prescribe all such rules of practice and other rules to regulate their proceedings and to facilitate the administration of justice as they may deem necessary not inconsistent with the laws of this state: such rules shall be prescribed by the supreme court and shall be uniform in the several circuits.

SEC. 6. The judges of the circuit courts shall be conservators of the ! peace throughout the state and shall have the same powers to preserve the peace as have heretofore been conferred upon the judges of the district courts of the territory of Wisconsin.

SEC. 7. All writs issuing from the circuit courts shall be in the name of the state of Wisconsin: shall bear date the day they are issued, and shall be tested in the name of the judge of the circuit in which they are issued, and shall be returnable on the first day of the term next succeeding the date of their issue unless otherwise directed by the judge or by rule of court and be signed by the clerk and sealed with the seal of the court and shall run to the proper officer of the county in which it is issued, but alias writs after service upon one defendant may be issued to co-defendants, and be directed to any county in the state.

SEC. 8. Until seals for the circuit and supreme courts are provided, the seals of the supreme and district courts of the territory of Wisconsin shall be used and the affixing such seals shall be deemed a sufficient sealing of all writs and process, record exemplifications or attestation of said courts which by law are required to be authenticated by the seal of the court.

SEC. 9. The circuit court shall have power to issue writs of injune

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