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missioners, and the said Receiver shall make return of all such payments to the said Commisioners, who shall make an entry thereof in the record of their proceeindgs, and the said commissioners shall, on the day named in the said notice, proceed, in the town of Potosi, to scil at public auction, for cash only, all the lots on the said section, that shall not have been entered by pre-emption prior to the day of the commencement of such sale, and such sale shall be kept open from day to day until the whole of said lots shall be sold: Provided, That such sale shall not continue longer than Provided fur- six days; And provided further, that no lot for which a certifi cate of pre-emption may have been issued, shall be sold for a less sum than the assessed value thereof, and no town or village lot for which said certificate shall not have been issued, shall be sold for a less sum than five dollars, nor for less than twenty dollars per acre, and no out lot for which such certificate shall not have been issued shall be sold for a less sum than five dollars per

ther.

sale.

acre.

SEC. 9. That the said Commissioners appointed by this act shall cause an entry to be made of all lots sold at such public sale specifying the purchasers thereof and the price bid therefor, and Purchasers to the purchasers shall pay to the Receiver the price bid for the said pay on day of lots respectively, on the same day on which they are sold, and if any lot which shall be so purchased at such public sale, shall not be paid for on the day on which it is sold, it shall, on the next day, be again offered for sale in the same manner as other lots as is provided in the last section, and no person who shall purchase any lot at such sale and refuse or neglect to pay for it on the day of such purchase, shall be permitted to bid for or purchase the same or Receiver to exany other lot during such sale, and the said Receiver shall exeecute duplicate cute duplicate receipts for the purchase money for each lot sold at receipts. such sale or entered by pre-emption upon payment to him of the price thereof, one of which receipts he shall deliver to the purchaser, and the other he shall forward to the Governor of the Territory, and the said receipts shall in all cases correspond with the entries of lots sold, made by the said commissioners.

SEC. 10. That whenever any purchaser either by pre-emption or at the public sale of any of said lots on said section shall present to the Governor of the Territory the duplicate receipt of the Re

ceiver for the purchase money of any of said lots purchased by

him, corresponding with the receipt on file in the executive office

and the returns of the said Commissioners, the Governor shall issue Governor to isa patent in fee simple to such purchaser for such lot and the dupli- sue patents. cate receipt shall be canceled.

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SEC. 11. That the said Commissioners appointed by this act, so soon as may be practicable after the said lots shall be sold as is Commissionherein provided, shall causse a survey and estimate to be made ofers to cause surveys to be the improvement provided for by the said act of Congress, which made. shall contain a statement of the probable cost of the said improvement, which survey and estimate and all necessary information connected there with, that may be collected by the said Commissioners, shall be by them reported to the next Legislative Assembly of this Territory.

main in hands

of Receiver.

SEC. 12. That all monies arising from the sale of said lots, Monies to reshall remain in the hands of the said Receiver, to be applied to the said improvement, (after the expenses of surveying, valuing and selling said lots, and making said survey and estimate are paid) in such manner as the Legislative Assembly shall hereafter by law direct, and if the said Receiver shall embezzle the said money, or any part thereof, or shall fail or refuse to account for and pay the same when lawfully required so to do, he shall be guilty of a misdemeanor and be liable to be proceeded against by indictment, and upon conviction, shall be punished by fine or imprisonment, or both, at the discretion of the court; and the said Receiver shall receive as a full compensation for all his services under any of the provisions of this act, one per cent. upon all sums of Receiver. received by him for the purchase of lots on said section, and one per cent upon all sums disbursed by him upon the orders of the said commissioners appointed by this act, according to any of the provisions herein contained, and in case the Receiver appointed by this act, shall neglect or refuse to qualify, the said commissioners appointed by this act, shall have power to appoint some other person as Receiver, who shall give the same bond, take the same oath, perform the same duties, receive the same compensation, and be liable to the same penalties, as is provided in this act in relation to the Receiver herein appointed.

SEC. 13. That a majority of the commissioners appointed by

Compensation

Majority of this act, shall be competent to do and perform all acts required to competent to be done and performed by the said commissioners, and the said

commissioners

Act

commissioners, or a majority of them, shall draw upon the said Re

ceiver for all sums to be expended and disbursed, under any of the provisions of this act, and the purposes of the expenditure shall in Receiver to all cases be specified in such drafts, and the said Receiver shall pay drafts of pay all such drafts if the expenditure be authorized by this act, and report to and shall upon making such payments, take up such drafts, and the Legislative the receipts of the drawers, which shall be vouchers for him in the Assembly.

commissioners

settlement of his accounts, and he shall report annually to the Legislative Assembly, and state his accounts, showing his receipts and expenditures, and the amount of money on hand.

SEC. 14. That all papers directed by this act to be forwarded Papers to be preserved in to, or filed with the Governor of the Territory, shall be by him executive ofáce. preserved in the executive office, and the records of the proceedings of the said commissioners appointed by this act, and all papers filed with them, shall at all times be open to the inspection and examination of any person having business therewith. This act shall take effect from and after its passage. APPROVED, February 18th, 1845.

AN ACT to amend an act entitled "an act to provide for the support of illegitimate children," approved February 17th, 1841.

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

SECTION 1. That so much of section four of an act entitled "an act to provide for the support of illegitimate children," approved February 17th, 1841, as refers to the first section of said act, be, and the same is hereby repealed, and in case any person Accused to enaccused as provided in the first section of said act, shall not comter into recog-ply with provisions of the second section thereof, the justice before whom the complaint shall be made shall bind such person in a recognizance as provided in said fourth section, and in case of neglect or refusal to give such security said justice shall cause such person to be committed to jail as provided in said fourth section.

nizance.

SEC. 2. That whenever any person shall be required to give bail for the maintainance of any child by the provisions of this act or of the act of which this is amendatory, he shall also, at the same time; and in the same bond, be required to give security for the To give secarity for sup payment of all costs and expenses incurred for the lying in and port of moththe support and attendance upon the mother of such child, during er during sick, her sickness; and also for the care and support of such child.prior to the giving of such bond.

APPROVED, February 24th, 1845...

ness.

AN ACT to incorporate the Village of Fairplay.

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

town.

SECTION. 1. That all of section twenty-five, town two range Limits of the one west of the fourth principal meridian, in the county of Grant, shall hereafter be known by the name of the Village of Fairplay and the inhabitants residing, or who may hereafter reside on said section, are hereby constituted a body corporate by the name; [of] "The trustees of the Village of Fairplay," and by that name they and their successors forever hereafter shall and may have perpetual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering" and being answered unto, defending and being defended in all courts and places, and in all suits whatsoever.

SEC. 2. The inhabitants of said corporation are hereby authorized to elect at such time and place in said corporation as they may think most convenient, a President and two Trustees, who shall have full power and authority over all acts that may be necessary to carry into effect the provisions of an act of the Congress of the United States, entitled "an act for the relief of the citizens of towns upon the lands of the United States under certain circumstances," Approved, May 23, 1844.

APPROVED, February 24, 1845.

Officers to be'i elected.

When organized.

AN ACT to organize the County of Washington for Judicial purposes.

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

SECTION 1. That from and after the second Tuesday of April next, the county of Washington shall be organized for Judicial purposes and shall enjoy all the privileges of the counties of this Territory; it shall form a part of the third Judicial district, and the courts therein shall be held by the Judge of said district. SEC. 2. All writs, process, appeals, recognizances, or other Proceedings in proceedings commenced in the district court of Milwaukee counMilwaukee co. ty prior to the second Tuesday of April next, shall be prosecuted ted to a final to final judgment, and execution issued thereon in the same manjudgment.

to be prosecu

Election for Sheriff, when held.

Commissioners to provide

court.

Proviso.

ner they might or could have been, had this act not passed, and execution on any judgment heretofore rendered in said court shall have the like force and effect, and may be executed and returned by the sheriff of Milwaukee courty; any thing in any law of this Territory to the contrary notwithstanding.

Sac. 3. The election of sheriff for said county shall be held on the first Tuesday of April next at the places in the several precincts at which the last general election was held, and thereafter at the time prescribed by law, and the returns of said election shall be made to the clerk of the board of county Commissioners as now prescribed for other elections; and he shall proceed to canvass the same as the law requires.

Provided however, That the first said county, shall be held at the

of said county, and unless the

SEC. 4. The county Commissioners of said county shall prorooms for hol- vide suitable rooms for holding the sessions of the district court, ding district at such place or places in said county as they mey deem most convenient for its inhabitants; term of said court to be held in school house at the county seat county commissioners shall deem it proper to change the place of holding said court, and shall file in the office of the clerk of the district court of said county, at least sixty days before a session of said court, their order to that effect, 'naming the place selected by them for that purpose, which said place or places whenever the said district court may be held, shall be deemed for all intents and purposes the court house of said county for the time being, then the said terms of the said court shall be continued to be held

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