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be in said counties or divisions, on the first day of June aforesaid; and the several assistants shall within ten days after completing the enumeration as aforesaid make and deliver to the several sher- Returns when made. iffs by whom they were employed, respectively, a true and accurate copy of the enumeration of all persons (Indians and soldiers excepted,) within their respective divisions, which enumeration shall be set forth in a schedule designating the townships, precincts, or Schedule. districts comprising his division according to the civil or geographical boundaries thereof, and shall embrace the several families by the name of the head thereof, and the aggregate population therein.

pies.

§ 5. The sheriffs of the several counties of the Territory, shall Duplicate coby the first of July next, prepare duplicate copies of the enumeration of the inhabitants of their respective counties, taken as aforesaid, and transmit one of said copies to the secretary of the Territory, and deliver the other to the register of deeds of the proper county to be by him recorded in his office and preserved on file, subject to the inspection of all persons concerned.

§ 6. The sheriffs and assistants shall receive as compensation Compensation. Pay for duplifor the service to be performed under this act, at the rate of two cates. dollars for every one hundred persons enumerated in their respective counties: Provided, that in those counties having a population of less than one thousand souls, there shall be allowed to the sheriffs or assistants at the rate of three dollars for every one hundred persons enumerated therein; Provided, also, that the sheriffs shall each be entitled to receive five dollars for making the abstracts or copies required by the preceding section.

prepare in

§ 7. The secretary of the Territory is hereby authorized and Secretary to required to prepare before the fifteenth day of May next, and trans- structions. mit to the several sheriffs of the Territory, the necessary blank forms for carrying into effect the provisions of this act.

make and file

§8. As soon as the returns of the sheriffs of the several coun- Secretary to ties shall have been received by the secretary of the Territory, he abstracts. shall proceed to make an abstract of the population of the several counties of the Territory, as shown by the returns of the sheriffs, aforesaid, which abstract he shall file in his office, and furnish a certified copy thereof to the Governor of the Territory.

Governor to apportion representatives.

Apportionm't how made.

Fractions how represented.

In dividing the representat'n.

§ 9. As soon as practicable after having been furnished with the enumeration of the inhabitants of the Territory, taken in pursuance of the provisions of this act, the Governor of the Territory shall apportion the thirteen members of the Council, and twenty-six members of the House of Representatives, among the seve ral election districts as organized by law, according to their population, as near as may be, as shown by the census taken by virtue of this act.

§ 10. In making said apportionment, the Governor shall proceed in the manner following, viz.

1st. The whole number of representative population of the Territory, excluding soldiers and officers of the United States army, and Indians, not citizens, shall be divided by the number fifty-two, the whole number of units of representation, the quotient shall be the ratio, or the number of population entitled to an unit of representation.

2d. The representative population of each election district shall be divided by said ratio. The quotients shall be the numbers of units of representation in the whole Legislative Assembly assigned to such district, and the remainders shall be the fractions,

3d. The difference between the sum of the quotients and fiftytwo, shall be made of the fractions, having regard to the size of the fractions and one unit of representation, shall be assigned to the district entitled thereto, for each fraction so taken, until the whole number of fifty-two is complete.

4th. In dividing the whole representation of the several election districts between the two branches of the Legislative Assembly, every district shall be secured at least one representative in each branch.

5th. From the whole number of units assigned to each district, one unit shall be taken for each member of the House of Representatives, and two units for each member of the Council apportioned to such district, until nothing remains in their apportioning. The weight of representation of every district in the Legislative Assembly, shall be divided as equally as it may be between the two branches.

§ 11. It shall be the duty of the Governor at least thirty days Governor to issue proclamanext preceding the annual election to be held in September next, tion." to issue a proclamation declaring the apportionment made under this act, and to transmit to the sheriffs of the several counties of the Territory, a copy of the said proclamation; whereupon, the said sheriff shall post up notices of the election of members of the Council and House of Representatives, according to the apportionment made as aforesaid; which notices shall be in form as prescribed by the act to provide for and regulate general elections, any thing in said act requiring longer notice to the contrary notwithstanding. APPROVED, February 18, 1842.

AN ACT to incorporate the trustees of the Delavan school.

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

1

§ 1. That there be and hereby is established in the town of Where located

Delavan, Walworth county, a seminary of learning, for the in

struction of persons of either sex in science and literature, by the

name and style of the Delavan School; and Edward C. Delavan, Names of persons incorpoReuben Hyde Walworth, Henry Topping, Philip W. Lake, Thos. ted. Topping, Salmon Thomas, Peter M. Keeler, John Topping, Henderson Hunt, Marcellus B. Goffs, Chauncey Parsons, and their successors in office, are hereby created a body politic and corporate, by the name and style of the Trustees of the Delavan School, by which name they and their successors shall forever after [be] known and declared [described;] and shall have perpetual succession, and power to acquire, purchase, receive, possess, hold, retain and enjoy, in deed and in law, to themselves and their successors, property, real, personal and mixed, and the same to sell, grant and convey, lent, or otherwise lawfully dispose of at pleasure, for purpose of education and no other. And they shall have power, under said corporate name, to contract and be contracted with, defend [and be defended,] plead and be impleaded, in all courts and places, in all actions, suits, complaints and causes what

Stock deemed

perty.

Trustees, their number.

when, and for what term.

soever; and they shall have a common seal, and alter the same at pleasure.

§ 2. The stock of said school shall consist of shares of twenty personal pro- dollars each, which shall be deemed personal property, and shall be transferable on the books of said corporation, in such manner as may be directed by the board of trustees of said school: Provided, Yearly income that the annual income of said corporation shall never exceed the lim.ted. sum of five thousand dollars, and that its funds, privileges and immunities shall be used exclusively for the purposes of education. § 3. The corporate concerns of said school shall be managed by a board of trustees, consisting of eleven members, a majority of whom shall constitute a quorum for the transaction of business. How elected, They shall be elected annually, on the first Monday of September, by the stockholders of said school, and shall hold their office for the term of one year, and until their successors are elected. The election of trustees shall be by ballot, and each stockholder shall be entitled to one vote for every share by him owned to the amount of five shares, and then to one vote for every five shares over and above that amount. Any stockholder may vote in person or by proxy. The said board of trustees shall elect one of their number to be president of said board, and they shall have power to fill all vacancies in their own body. If any election shall not be made on the day fixed upon by this act, such election may be held on any other day: Provided, that a notice of the time and place of holding such election, signed by at least three of the stockholders, be first published, for two successive weeks, in some newspaper printed in said county, or an adjoining county.

Their powers.

§ 4. The trustees of said school shall have power

1st. To elect by ballot their president annually.

2d. Upon the death, removal out of the Territory, or other vacancy in the said office of president, or trustees, to elect others in their places, by a majority of the trustees present at any regular meeting of said board.

3d. To take and hold by gift, grant or devise, any real or personal property, the yearly income of which shall not exceed five thousand dollars.

4th. To sell, mortgage, lease, or otherwise use and dispose

of such property, in such manner as they shall deem most condu

cive to the interest of said school.

5th. To direct and prescribe the course of study and disci- Same subject. pline to be observed in said school.

6th. To appoint a treasurer, clerk, principal, trustees, and

such other officers of said school as they shall deem necessary, who shall hold their offices during the pleasure of the trustees.

7th. To ascertain and fix the salaries of all the officers of the school, and to remove or suspend from office any officer employed under special contract, for incapacity, immoral conduct or misbehavior in office, and to appoint another in place of such person or officer so removed or suspended.

Sth. To make all ordinances and bye-laws necessary to carry into effect the preceding powers, not inconsistent with the Constitution of the United States and the laws of this Territory.

test allowed.

§ 5. No religious qualification or test shall be required from No religiors any trustee, principal, or other officer of said institution, as a condition for admission to any privilege in the same: and no principal of said school, who shall be a trustee, shall have a vote in any case relating to his own salary or emolument,

§ 6. This act may be amended or repealed by the Legislative This act may Assembly.

APPROVED, February 17, 1842.

AN ACT to incorporate the Beloit and Rock

River Bridge Company.

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

be repealed.

§1. That Silvy Kidder, A. L. Field, C. F. H. Goodhue, Horace Names of perWhite and D. J. Bundy, and such other persons as shall associate sons in the act incorporating with them, be and they are hereby incorporated by the name and Beloit bridge style of the Beloit Bridge Company; and by such name may sue and be sued, plead and be impleaded, in any court in this Territory, and may have a common seal, and change the same at pleasure.

company.

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