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Repealed.

Shall not effect suits pending.

Who may erect a dam.

Dam how high.

the provisions of the act to provide for the government of the several towns in this Territory and for the revision of county government, approved February eighteenth, 1841, in the several counties where said act may have been adopted.

APPROVED, February 18, 1842.

AN ACT to repeal an act entitled "An act to incorporate the stockholders of the Bank of Min-. eral Point."

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

§ 1. That an act to incorporate the stockholders of the Bank of Mineral Point, approved Dec. 2, 1836, be and the same is hereby repealed.

§ 2. That this act shall not be so construed as to affect in any manner any suits or other legal proceedings that have or may hereafter be commenced by or against said incorporation.

§ 3. This act shall be in force and take effect from and after its

passage.

APPROVED, February 18, 1842.

AN ACT to authorize the construction of a dam across the Crawfish river.

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

§ 1. That Lucius I. Barber and Enoch G. Darling, and their associates, successors, and assigns, be and they are hereby authorized to erect and maintain a dam across the Crawfish river in the County of Jefferson, on land now owned by them, at any point they may deem most suitable, having in view the improvement of the navigation of said river, on section number eleven, in township number six, of range number fourteen east, and to make use of the water for hydraulic purposes.

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§ 2. Said dam shall not exceed four feet in height above high

water mark of said river, and shall contain a convenient lock, not

wide.

less than ninety feet long between the gates, and twenty feet wide Lock how in the clear of the chamber, for the passage of boats, barges, and other water crafts; said lock to be constructed at the time of the erection of said dam. And the said Lucius I. Barber, and Enoch G. Darling, their successors and assigns, shall maintain said lock, and attend the passage of all such boats and water craft, through said lock, free of all charges to the owner or owners of such boats and water craft.

Shall attend to passing boats.

§ 3. And the said Lucius I. Barber, and Enoch G. Darling, their associates, or successors, shall whenever they erect such dam, To keep slide.

build or cause to be constructed a slide or chute in such manner

as to allow the passage of rafts over said dam, as well as to permit the ascent or descent of fish in said stream.

amend this act.

§ 4. The Legislature of the Territory or State of Wisconsin May alter or may at any time alter, amend, or repeal this act.

5. The said Lucius I. Barber, and Enoch G. Darling, their associates, assigns, the owners of the dam, and the dam hereby authorized to be constructed, shall be subject to all the provisions of an act relating to mill dams, approved January 13, 1840. APPROVED, February 18, 1842.

AN ACT to amend the several acts to provide for the support of common schools.

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

may sell tim.

§ 1. That school commissioners elected for the several towns Commission's or counties within this Territory, shall have authority, in addi- ber. tion to that now given by law, to sell any dead or decaying timber, standing on sections numbered sixteen; Provided, that no green or living timber shall be sold, deadened, cut down, or taken off said lots, by virtue of any lease, which may be made by said commissioners.

§2. It shall be the duty of the commissioners of common schools, in all the counties in which "an act to provide for the go

May lease school lands.

vernment of the several towns in this Territory, and for the revi sion of county government," approved February 18th, 1841, has been adopted, to take charge of sections numbered sixteen, and all school lands within the limits of their respective towns, and to Terms of lease, lease the same, for some time not exceeding four years; to dispose of all fallen timber on said lands; to commence in their official names, and prosecute to effect all suits for trespass or other injuries to said lands.

Moneys how applied.

Power to tax limited.

Who to mainfain ferry, and where.

§ 3. All moneys received by said commissioners for rents, fallen timber or trespass shall be applied by them to the support of common schools within their respective towns.

§ 4. No school district shall have power to levy a tax of more than two and a half mills on the dollar, on the assessment roll, any law to the contrary notwithstanding.

APPROVED, February 18, 1842.

AN ACT to authorize Webster Stanley to keep a ferry across Fox river.

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

§ 1. That Webster Stanley is hereby authorized to keep and maintain, or cause to be kept and maintained, a ferry across the Fox river, in Brown county, on section twenty-three, in town eighteen north, in range sixteen east, for the term of five years Regulat'd as li- from and after the passage of this act, subject to such regulations as other ferries are, or may by law be subject, fixing the rates of toll, and the manner in which licensed ferries shall be kept and attended to: Provided, that the Legislature of the Territory or future State of Wisconsin may at any time alter, amend, or repeal

censed ferries.

this act.

APPROVED, February 18, 1842.

AN ACT to organize certain towns in the county of Fond du Lac.

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

§ 1. That townships fourteen, fifteen, and sixteen, of range six- Fond du Lac, teen, townships fourteen and fifteen, and fractional township six- of what townships compoteen, of range seventeen, and townships thirteen, fourteen, fifteen, sed. and the south half of township sixteen, of range eighteen, and townships thirteen, fourteen, fifteen, and the south half of town. ship sixteen, of range nineteen, be and the same are hereby organized into a separate town by the name of Fond du Lac; and the first election in said town shall be held at the house of M. C. Darling.

ships compo

§ 2. That fractional township seventeen, and the north haif of Calumet, of township sixteen, of range eighteen, and fractional township sev- what townenteen, and the north half of town sixteen, of range nineteen, be sed. and the same are hereby organized into a separate town by the name of Calumet; and the first election in said town shall be held at the house of George White.

what town

§ 3. That townships fourteen, fifteen, and sixteen, of range four- Waupun, of teen, and townships fourteen, fifteen, and sixteen of range fifteen, ships compo be and the same are hereby organized into a separate town by the sed. name of Waupun; and the first election in said town shall be held at the house of Seymour Wilcox.

APPROVED, February 18, 1842.

AN ACT to provide for the taking the census of the inhabitants of the Territory of Wisconsin, and to authorize the Governor to apportion the members of the Council and House of Representatives,

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

§ 1. That the sheriffs of the several counties of the Territory, are hereby authorized and required to cause the number of inhabitants of their respective counties and districts to be taken; omit

Sheriffs to take

census.

Omitting Indi- ting in their enumeration, Indians not citizens, and officers and solAppoint depu- diers of the United States army. And the sheriffs, aforesaid, shall

ans.

ties.

Oath to be taken.

have power to appoint as many deputies or assistants to aid them in taking said census, as they may deem necessary; assigning to each deputy or assistant, a certain division of his county or district, to be accurately defined, either by congressional township lines, the boundary of towns organized for town government, or be distinctly bounded by water courses or public roads.

§ 2. The sheriffs, their deputies, or assistants shall respectively take and subscribe an oath or affirmation before some judge or justice of the peace, resident within their respective counties, previous to entering upon the discharge of the duties imposed by this act, that they will well and truly cause to be made a just and perfect enumeration of all the persons resident within the county or counties comprising their district, or within their division, as the Deputies when case may be, and a true return thereof, make in pursuance of the to make return, provisions of this act, according to the best of their abilities. Every deputy to whom shall be assigned any division or district, shall return to the sheriff by whom the said division was assigned, á just and perfect enumeration of the inhabitants thereof, in such form as shall be prescribed by the secretary of the Territory for the sheriffs of the respective counties of the Territory; which returns shall be made to the sheriffs aforesaid, at least ten days before the period fixed by this act for said sheriffs to transmit their returns to the secretary of the Territory.

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§3. Every sheriff, deputy, or assistant, failing to make returns agreeably to the provisions of this act, or who shall make a false return of the enumeration in his county or division, shall forfeit and pay the sum of two hundred dollars, to be recovered in the name and for the use of the Territory, before any court of tent jurisdiction.

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$4. The said enumeration shall be made by an actual inquiry by said sheriffs or assistants at every dwelling house, or by personal inquiry of the head of every family in their respective counties or divisions, and shall commence by the the first day of June, 1842, and shall be completed and closed in fifty days thereafter, and said enumeration shall include only those whose place of residence shall

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