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as may be necessary new commissioners, who shall proceed in the manner herein directed; and if said report is not set

aside, the judge by order shall confirm the same. Admeasure Sec. 8. The admeasurement so made and confirmed shall er, when finale at the expiration of thirty days from the date of such con.

firmation, unless appealed from, be binding and conclusive as to the location and extent of the widow's right of dower, on the parties who applied for the same, and on all parties to whom notice shall have been given as herein required; but no person shall be precluded from controverting the right and

title of such widow to the dower so adineasured. When widow

Sec. 9. The widow to whom such dower shall be admeasto have pos- ured, at the expiration of thirty days from the date of such session.

confirmation, unless the same be appealed from, may bring and maintain an action of ejectment to recover the possession of the land so admeasured to her, for her dower, in which her right to“ such dower may be controverted, and upon recovery may hold the same during her natural life, subject to the payment of all taxes and charges accruing thereon subse

quent to her taking possession of the same. When dower

Sec: 10. When the estate out of which dower is to be assigned of

assigned consists of a mill or other, tenement which cannot rents and profits.

be divided without damage to the whole, and in all cases in which the estate cannot be divided by metes and bounds, the dower may be assigned of the rents, issues and profits thereof, to be had and received by the widow as a tenant in com

mon with the owners of the estate. Appeals when Sec. 11. Within thirty days after the order of confirmaand how taken.

tion, any party interested who shall feel aggrieved by such order may appeal to the district court of the proper county, by filing with the judge of probate a petition setting forth the objections to such report, and by executing to the opposite party a bond with such sureties and in such sum as the judge shall direct, conditioned to prosecute such appeal to effect, and to pay all costs that may be awarded against such ap

pellant. Transcript to Sec. 12. On such appeal being taken, it shall be the duty be made when appeal taken. of the judge of probate, on his fees therefor being paid, to

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transcribe all the papers in the proceeding, and to transmit
the same to the district court, and the said court shall pro-
ceed to hear and determine the same and shall do therein
what shall be just.
Sec. 13. In case of the reversal of the order of confirma- Duty of dis-

trict court.
tion, the district court shall cause the same to be certified to
the judge of probate making the same, to the end that new
commissioners may be appointed, or a new admeasurement
had, as the said court shall direct; and in case of the affirm-
ance of the same, the original order of confirmation and the
admeasurement thereby confirmed shall be binding and con-
clusive and authorize an action of ejectment as hereinbefore
specified.

Sec. 14. When service shall be made by publication as Notice by herein required, it shall not be necessary to publish the peti- what to con tion, nor a description of the lands, but merely the names of tain. the parties, the town and county in which the lands lie, the nature and object of the application, and the time and place when the same will be presented.

Sec. 15. This act shall take effect from and after its pas-
sage.

WILLIAM SHEW,
Speaker of the House of Representatives.
MASON C. DARLING,

President of the Council.
APPROVED, January 18th, 1847.

HENRY DODGE.

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AN ACT

To authorize the construction of a dam across

Rock river and for other purposes. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin :

Section 1. That Lyman E. Boomer, John Richards and Daniel W. Kellogg, their associates, successors, heirs and assigns, be and are hereby authorized to erect and maintain a

dam across Rock river, on sections eight and nine, in township Where dam number eight, north of range fifteen east, in the county of to be con structed. Jefferson, on any land owned by them, at any point on said

sections they may deem most suitable, and to make use of the water of said river for hydraulic purposes.

Sec. 2. Said dam shall not exceed six feet in height above high water mark of said river, and shall contain a suitable and convenient lock, not less than one hundred and twenty feet long, between the gates, and not less than twenty-four feet wide in the clear of the chambers, of sufficient depth, and opening into water of sufficient depth, for the passage of all

boats, barges and water craft used in navigating said Rock When lock to be construct. river, up to or above said dam, said lock to be in readiness ed.

for the passage of all such boats, barges and water craft, at the time, or as soon as said Rock river shall be improved and rendered navigable from the south line of this territory to said dam, and the proprietors of said dam shall maintain said lock, and shall attend the passage of all such boats, barges and water craft, through said lock free of all charge to the owner thereof.

Sec. 3. The said Boomer, Richards, and Kellogg, their associates, successors or assigns, shall, whenever they erect

such dam, build, or cause to be built and constructed, a suitSiido to bo constructod. able slide or shute in such manner as to allow the passage of

CION

66

rafts over said dam, as well as to permit the ascent and de-
scent of fish in said stream.

Sec. 4. The said Boomer, Richards and Kellogg, their Subject to the associates, successors or assigns, and the owners of said dam laws regula.

ting mills. shall be subject to all the provisions of an act relating to mills and mill dams, approved January 13, 1840.

Sec. 5. All that part of section two, of the act entitled an act to authorize the construction of a dam across Rock Part of former river," approved February 4, 1842, that relates to the con-act repealed. struction and maintaining a lock, shall be and hereby is so amended as to conform to the second section of this act.

Sec. 6. The legislature of the territory or state of Wis-
consin, may at any time alter, amend or repeal this act.

WILLIAM SHEW,
Speaker of the House of Representatives.

MASON C. DARLING,

President of the Council
APPROVED January 20, 1847.

HENRY DODGE.

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AN ACT

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To divide the town of Albion and to organize

the town of Christiana.

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Be it enacted by the Council and House of Representatives of the Territory of Wisconsin :

SECTION 1. That township six, north of range number twelve east, in the county of Dane, be, and the same is hereby set off from the town of Albion, into a separate town by Town of

Christiana or. the name of Christiana, and the first town meeting shall be held at the house now occupied by Neil A. Perry in said town on the first Tuesday in April next.

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Sec. 2. That the said town of Christiana shall be entitled to, and enjoy all the rights and privileges which are by law granted to any town or towns of this territory.

WILLIAM SHEW,
Speaker of the House of Representatives.
MASON C, DARLING,

President of the Council.
APPROVED January 23, 1847.

HENRY DODGE.

AN ACT

To amend an act entitled “an act to incorpor

ate the town of Potosi."

Be it enacted by the Council and House of Representatives

of the Territory of Wisconsin : Trustees may borrow money

SECTION 1. That the trustees of the town of Potosi be, and they are hereby authorized to borrow, upon the credit of said town, the sum of five thousand dollars, or less, for a time not exceeding five years, in such sums as they may deem proper, on interest not exceeding twelve per cent. payable annually, to be applied to the completion of the work of cutting a canal from the main channel of the Mississippi river to the Grant river at Potosi in Grant county, upon the line of said canal, as surveyed and marked out by Joshua barney, the engineer employed for that purpose, and already commenced and partly completed under the superintendence of James F. Chapman, the commissioner appointed to superin

tend said work. May levy a Sec. 2. That the said trustees be, and they are hereby

authorized to levy a special tax of any sum not exceeding

tax.

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