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TWENTY-FIFTH CONGRESS. Sess.II. Ch.96. 1838.

District courts.

Jurisdictionof the severalcourts.

Proviso.

An attorney tobe appointed forfour years ; hisfees, &,c.

A marshal tobe appointed forfour years ; hisduties, fees,&.c.

Officers to beappointed bythe President,with the advice

said Territory annually, and they shall hold their offices during the termof four years. The said Territory shall be divided into three judicialdistricts; and a district court or courts shall be held in each of thethree districts, by one of the judges of the supreme court, at such timesand places as may be prescribed by law; and the said judges shall, aftertheir appointment, respectively, reside in the districts which shall beassigned to them. The jurisdiction of the several courts herein pro-vided for, both appellate and original, and that of the probate courts,and of the justices of the peace, shall be as limited by law : Provided,however, That justices of the peace shall not have jurisdiction of anymatter of controversy, when the title or boundaries of land may be indispute, or where the debt or sum claimed exceeds fifty dollars. Andthe said supreme and district courts, respectively, shall possess a chan-cery as well as common law jurisdiction. Each district court shallappoint its clerk, who shall keep his office at the place where the courtmay be held, and the said clerks shall also be registers in chancery;and any vacancy in said office of clerk happening in the vacation ofsaid court, may be filled by the judge of said district, which appoint-ment shall continue until the next term of said court. And writs oferror, bills of exception, and appeals in chancery causes, shall be allowedin all cases, from the final decisions of the said district courts to thesupreme court under such regulations as may be prescribed by law ; butin no case removed to the supreme court shall trial by jury be allowedin said court. The supreme court may appoint its own clerk, and everyclerk shall hold his office at the pleasure of the court by which he s'l 11have been appointed. And writs of error and appeals from the finaldecision of the said supreme court shall be allowed and taken to theSupreme Court of the United States , in the same manner and under thesame regulations as from the circuit courts of the United States , wherethe value of the property, or the amount in controversy, to be ascer-tained by the oath or affirmation of either party, shall exceed one thou-sand dollars. And each of the said district courts shall have and exer-cise the same jurisdiction in all cases arising under the constitution andlaws of the United States , as is vested in the circuit and district courtsof the United States . And the first six days of every term of the saidcourts, or so much thereof as shall be necessary, shall be appropriatedto the trial of causes arising under the said constitution and laws. Andwrits of error and appeals from the final decisions of the said courts, inall such cases, shall be made to the supreme court of the Territory , inthe same manner as in other cases. The said clerks shall receive in allsuch cases, the same fees which the clerk of the district courts of Wis-consin Territory now receives for similar services.

Sec. 10. And he it further enacted, That there shall be an attorneyfor the said Territory appointed, who shall continue in office four years,unless sooner removed by the President, and who shall receive the samefees and salary as the attorney of the United States , for the present Ter-ritory of Wisconsin . There shall also be a marshal for the Territoryappointed, who shall hold his office for four years, unless sooner removedby the President, who shall execute all process issuing from the saidcourts when exercising their jurisdiction as circuit and district courtsof the United States . He shall perform the same duties, be subject tothe same regulations and penalties, and be entitled to the same fees, asthe marshal of the district court of the United States for the presentTerritory of Wisconsin ; and shall, in addition, be paid the sum of twohundred dollars annually, as a compensation for extra services.

Sec. 11. And he it further enacted, That the Governor, secretary,chief justice, and associate judges, attorney and marshal, shall benominated, and by and with the advice and consent of the senate, ap-pointed by the President of the United States . The Governor and