No. 27.

AN ACT extending the time limited to David James for the establishment of a ferry across the Mississippi river.

SECTION 1. Be it enacted by the council und house of representatives of the territory of Wisconsin, That the term of one year, by which David James, his heirs and assigns, were limited for the procuring of a boat for the ferry over the Mississippi river, at the town of Burlington, be extended twelve months, so as to allow twenty-four months from the time of the passage of the act granting the privilege. Approved June 23, 1838.

County seat to be voted for.

Qualification of

voters.

Returns.

No. 28.

AN ACT to establish the seat of justice of Scott county.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That for the purpose of permanently establishing the seat of justice of Scott county, a poll shall be opened at each precinct in said county, at the general election on the first Monday of August next, for the purpose of deciding whether the town of Davenport or the town of Rockingham, shall be the seat of justice for said county, and the ballots received for the seat of justice shall be upon a separate paper, and deposited in a separate box from the other ballots received at said election, and a separate poll list shall be kept.

SECTION 2. Any person shall be entitled to vote for the seat of justice for said county, at said election, who is a free white male citizen, of lawful age, and a resident of the county, and who shall have resided in the county at least sixty days preceding the said elec

tion.

SECTION 3. Returns of said election for county seat, together with the ballots and poll list, shall be made within twenty days after the said election, to to the sheriff of the county of Du Buque, who shall, in company with the county commissioners or any two of them, proceed to examine said returns, and on

being satisfied that any one of the places named has a greater number of votes than the other, the town having the greatest number of votes polled, shall be thenceforward the seat of justice of Scott county, and minute thereof shall be made in the proceedings of said board of county commissioners for Du Buque county.

SECTION 4. In case of a tie in the election afore. In case of a tie. said, it shall be the duty of the sheriff of Du Buque county to notify the sheriff of Scott county of the same, who shall thereupon give ten days' notice to the qualified electors aforesaid, that another election shall be had, stating the time and place of such election, and the same proceedings shall be had as in the fore going section of this act.

SECTION 5. Until the seat of justice of Scott county Return of proshall be established as herein provided, all writs and cess, &c. process, which by law are to be returned to the district courts of said county, shall be valid if made returnable to said court on the first day of the next term without specifying the place, and all parties, witnesses, jurors, and other persons required to appear before the said court at the said term shall appear at the place where the seat of justice of said county may be established according to the provisions hereof.

SECTION 6. Any person voting at said election who Penalty for is not a qualified elector according to the provisions of illegal voting. this act, and the general election laws of this territory, shall on conviction thereof before any tribunal having jurisdiction, be fined in a sum not less than one hundred nor more than five hundred dollars. All acts and parts of acts contravening the provisions of this act are hereby repealed.

Approved June 23, 1838.

No. 29.

AN ACT to locate a territorial road in Grant and Iowa counties.

mont.

SECTION 1. Be it enacted by the council and house Road from of representatives of Wisconsin territory, That Jona- Oceola to Belthan Craig, William Davidson and Stewart McKee, are hereby appointed commissioners to locate and establish a territorial road from Oceola, in the county of Grant, to Belmont in the county of Iowa, by the

Expenses.

Road from Mineral Point to Galena.

way of Plattville. The commissioners or a majority of them shall meet at Plattville on or before the first Monday of August next, and proceed to the discharge of the duties assigned them by this act according to the provisions of the act regulating the mode of laying out territorial roads passed at the last session of the legislative assembly.

SECTION 2. The county commissioners of the counties of Grant and Iowa, shall audit and pay the expenses in their respective proportion to the amount of the road laid out in each. The commissioner shall receive each three dollars per day for the time necessarily employed in the discharge of the duties assigned them by this act.

SECTION 3. And it is further enacted, That Lewis Curtis, Wm. J. Madden and George W. Hickok be, and are hereby appointed commissioners to locate and establish a territorial road from Mineral Point through Elk Grove to the state line of Illinois on the most direct and eligible route to Galena, and again commencing at Mineral Point and running eastwardly to intersect the military road leading from Prairie du Chien to Green Bay at or near the Blue Mounds. That RobPoint to Helena. ert C. Hoard, John Messersmith, sen., and Henry L.

From Mineral

To Savannah.

Dodge be, and are hereby appointed commissioners to locate and establish a territorial road from Mineral Point through Dodgeville to Helena on the Wisconsin. river, and that Charles F. Legate, Henry M. Billings and Cancil Moore be, and are hereby appointed commissioners to locate and establish a territorial road from Mineral Point through Diamond Grove to Savannah on the Wisconsion river by the most eligible route. The commissioners or a majority of them shall meet at Mineral Point in the county of Iowa on or before the first Monday of August next and proceed to the discharge of the duties assigned them by this act, according to the provisions of the act regulating the mode of laying out territorial roads passed at the last session of the legislative assembly. And the county commissioners of the counties of Iowa and Dane shall audit and pay the expenses in their respective proportion to the amount of the road laid out in each, allowing the commissioners so employed each three dollars per day for the time necessarily employed in the discharge of the duties assigned them by this act.

Goodhue's mill.

SECTION 4. That Alvin Foster, George J. Goodhue From Beloit to and Charles Johnston are hereby constituted a board of commissioners to lay out a territorial road from Beloit in Rock county to Goodhue's mill at the head of Johnston's rapids on Rock river, passing through Janesville and Fort Atkinson on the east side of Rock river in the county of Jefferson on or before the first Monday of November next. SECTION 5. That Caleb Blodget, Isaac Butler and From Mount William Bowen be and they are hereby constituted a Belit. board of commissioners to lay out and establish a territorial road from Mount Pleasant in Racine county, by way of Geneva village, outlet of Geneva lake, Jef ferson Prairie and Beloit on Rock river.

Pleasant to

to Mineral

SECTION 6. That George H. Williston, Henry F. From Janesville Janes and James Briggs be, and they are hereby ap- Point. pointed commissioners to locate and make a territorial road commencing at Janes' ferry at Janesville, thence on the nearest and best route to Mineral Point. SECTION 7. That Josiah Rice, J. H. Palmer and From Madison to Freeport. Richard Palmer be, and they are hereby constitued a board of commissioners to locate and establish a territorial road as follows, to wit: beginning at Madison in Dane county, thence by the most practicable route to New Mexico, and to the southern boundary of Green county, thence by the most practicable route to Freeport. The said commissioners shall be required to meet at Madison on the first Monday in September next and proceed to the discharge of their duties agreeably to the provisions of the above recited act.

SECTION 8. And be it further enacted, That the commissioners above appointed be and they are hereby required to file with the clerks of the boards of commissioners of each county through which said roads may pass, a certified copy of the field notes and plat of said

WHEREAS, By an act of the territory of Michigan, and which act was in force in the territory of Wiscon sin, it was among other things required that justices

Justices' acts

giving his bond Irregularly.

of the peace should give bond with securities, and that the said bond should be approved by the treasurer of the county for which said justice should be appointed, and whereas, in some instances that part of the law requiring the treasurer's approval could not be complied with from the fact of the absence or from the total want of such officer, and whereas, the ends of justice could be obtained as well without as with such bond and the mere neglect or want of such approval could not vitiate or make unjust that which would be otherwise just and equitable; therefore

Be it enacted by the council and house of representatives not invalid from of the territory of Wisconsin, That hereafter no exceptions shall be taken or received in any court of law or of equity in this territory against any proceedings of any justice of the peace of this territory on account of not giving or having his bond approved of according to the provisions of the aforesaid act of Michigan, approved April 21, 1833, and all exceptions that may be taken and undetermined before the passage of this act shall be quashed and furthermore all acts, and proceedings of such justices, which may have been done according to the laws of this territory and of the United States are hereby declared valid to all intents and purposes, as if such justice had qualified according to the act aforesaid.

Approved June 23, 1838.

I, Thomas S. Allen, Secretary of State of the state of Wisconsin, do hereby certify that the foregoing laws, published pursuant to the provisions of chapter forty-four of the general laws of 1867, have been compared with the laws of 1836, 1837 and 1838, as the same appear in the printed laws of said years, and that they are correct copies thereof.

[L. S]

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the great seal of the state at the capitol in Madison, this 25th day of October, 1867.

THOS. S. ALLEN,

Secretary of State.