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the said funds when so paid shall be distributed according to law arnong the several school districts which may be first established in said town after the organization thereof.

Sec. 26. All laws in force of a general or local nature contra vering any of the provisions of this act are hereby repealed upon the day of the taking effect of the provisions of the first section of this act; and obiş acı shall be in force from and after its passage.

APPROVED Jan. 22, 1816.

AN ACT to provide for a division of the county

of Milwaukee. BE IT ENACTED by the Council and Ilouse of Representatives

of the 'Territory of Wisconsin: Duty of chair- SECTION 1. That it shall be the duiy of the several chairmen man of supere of the several boards of supervisors in ihe several towns in the visors.

couniy of Milwaukee, lyicg west of range twenty-one, in said county, to provide a separate box at the spring lown elections of 1846, 1o be bolden in said county, for the reception of votes for or against the division of said county of Milwaukee, and every elector qualified by law 10 vote for town officers in each of their respective towns, shall have the right to vote for or against such division.

Sec. 2. All ballots or votes so received and counted, shall have legibly written or printed thereon, the words "for division."

or sagainst division;" and all voles so received shall be counted Vores how re- and returns thereof made to the clerk of the board of supervisors turned and for the county of Milwaukee, in the same manner and time as is counted.

now provided by law in relation to election returns for county offi

cers. . Sec. 3. The voies so returned shall be canvassed by the clerk

of the board of supervisors of the couniy of Milwaukee,



and the result of such canvass shall be certified by said clerk and published within ten days afier said returns are made in one or more newspapers printed in said county.

SEC. 4. · If a majority of the votes so returned shall be in favor of division; then, and in that case, from and after the time the resuit aforesaid should be published, all the district of country lying and being within the present limits of the county of Milwaukee, and lying west of a line running due north and south between ranges twenty and twenty-one, in said county, be and the same is bereby erected,established and organized into a distinci county by the name andstyle of "Waukesha county." That it be organized for udicial purposes, and shall enjoy all the privileges of other couti- Waukesha lies of this Territory. It shall form a part of the third judicial est Ristrict, and the courts therein shall be held by the Judge of the said district, commencing on the third Monday of February and third Monday of August.

Sec. 5. All process, appeals, recognizances or other proceedngs eommenced in the District court of Milwaukee county, prior o the first day of January next, shall be prosecuted to final judg. Suits how nent and execution thereon, in the same manner they might or prosecuted. rould have been, had noi this act passed; and executions on any udgments beretofore rendered in said county, shall have the like orce and effect and may be executed and returned by the sheriff of Milwaukee county, anything in this act to the contrary notwithtanding.

Sec. 6. That said county of Waukesha is by this act erected, Established and organized into a distinct election district and at he time now fixed by law for holding general elections in this Territory, the qualified electors of said county of Waukesha, at ind from that time, shall be entitled to elect such members of the To constitute

an election Legislative Assembly as a new apportionment may authorize, and district. n ease no new apportionment be made previous to the next genral election, then and in that case said county shall at said genral election elect one member of the Council and two members of the House of Representatives who shall represent said county n the next Legislature of this Territory. The electors of said :ounty of Waukesha shall at the next general election elect such county officers as other counties under the same government are authorized to elect, whose respective terms of service shall comnence on the first day of Jannary next, and continue in office for

The term now prescribed by law for such officers in this Territory,

Sec. 7. In case the vole before mentioned determines a divis. ion of the county of Milwaukee, then and in that case, the seve. ral county supervisors elected at the next April town election

within the limits of said county of Waukesha, shall meet at what Board of su- . is now known as Vail's Hotel, in the town of Prairieville, on the pervisors to or ganize.

second Munday of June next, at twelve o'clock, M., and proceed 10 organize a board of county supervisors for the county of Waukesha. They shall elect a clerk of their board, and such other officers as may be necessary for carrying into effect the organizarion of the county; which officers so elected, shall serve until their successors are duly elected and qualified according to law. Said board of supervisors shall at said meeting, or at some subsequent adjourned meeting, procure for the use of said county, suitable and convenient grounds for the location of the seat of justice, and provide for the erection of all the necessary county buildings.

Sec. 8. That an act entitled “ an act to provide for the removal of the seat of justice of the county of Milwaukee from the town of Milwaukee to Prairieville," approved February 24th, 1845, be and the same is hereby repealed,

APPROVED January 31st, 1846.

AN ACT making new Election Districts and pro

viding for a new apportionment of representation

to the Legislative Assembly. BE IT ENACTED by the Council and House of Representatives of

the Territory of Wisconsin :

Section 1. That the county of Racine shall constitute the Districts how first election district. The county of Walworth shall constitute composed.

the second election district. The county of Rock shall constilute the third election district. The counties of Jowa and Rich.

land shall constituie the fourth election district. The county of
Grant shall constitute the fifth election district. The counties of
Green, Dane and Sauk shall constitute the sixth election district.
The counties of Crawford, St. Croix, Chippewa and La Pointe
shall constitute the seventh election district. The counties of
Dodge and Jefferson shall constitute the eighth election district.
The county of Milwaukee shall constitute the ninth election dis-
trici. The counties of Washington and Sheboygan shall constie:
tute the tenth election district. The counties of Manitowoc,
Brown, Calumet, Winnebago, Fond du Lac, Marquette, Por-
tage and Columbia shall constitute the eleventh election district...
And in the event of the ratification of the act entitled “ an act to
provide for the division of the county.of Milwaukee,” by the voters
as provided in said act, the county of Waukesha shall constitute
the twelfth election district.

Sec. 2. As soon as practicable after having been furnished with the enumeration of the inhabitants of the Territory in pursu. ance of " an act in relation to the formation of a State Governmentin Wisconsin," the Governor of the Territory shall apportion Governor to to each of said districts their relative proportion of represen habe app tation according to their population as near as may be shown by the census taken by virtue of the above recited act upon the basis laid down in the tenth section of “an act to provide for the ta. king the census of the inhabitants of the Territory of Wisconsin, and to authorize the Goverror to apportion the members of the Council and House of Representatives," approved February 18, 1842, and issue a proclamation, declaring the apportionment made under this act and to transmit so the sheriffs of each of the counties of the Territory a copy of the said proclamation, whereupon the said sheriffs shall post up notices according to the apportionments 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 not. withstanding,

APPROVED Feb. 3d, 1816.

AN ACT to amend the election law concerning jus:

tices of the peace, and for other purposes. BE IT ENACTED by the Council and House of Representatives

of the Territory of Wisconsin: Vacancies

Section 1. That when any vacancy shall happen in the of how filled.

fice of justice of the peace, in any town or precinct, in any county in this Territory, by death, resignation, removal, or otherwise, the town clerk of the town where such vacancy shall happen, in those counties governed by town government, shall order a special election to be held in said town to fill such vacancy. The clerk of the district court in those counties governed by county government, shall notify the clerk of the board of county commissioners of any vacancy that may happen in the office of justice of the peace in his county, and in what precinct such vacancy has happened; upon receiving such notice, the clerk of the board of county commissioners shall order a special election to be held in such precirct to fill such vacancy, and hereafter all resignations of justices of the peace shall be made to and filed in the office of [the] clerk of the district court; the notices shall be given for such special election, and the election held and returns made accord

ing to the provisions of the act 10 which this is amendatory. Governor to Sec. 2. That when any vacancy shall happen in the office of appoint sheriff sheriff, the clerk of the district court of the proper county shall in certain ca.

immediately notify the Governor of this Territory of the same, who shall appoint some suitable person to fill said office, who shall hold the same until the next annual election and until his succesu sor shall be elected and qualified. When any chairman of the board of town supervisors shall for any cause be unable to attend a meeting of the county board, he shall appoint one of his associ

ate supervisors to act as chairman during such inability and shall Chairman of give him a certificate of his appointment, setting forth the cause supervisory to of such inability, and such certificate shali authorize the superviappoint substilute.

sor so appointed for the time being, to perform all the duties of chairman of the board of town supervisors during such inability.

APPROVED Jan. 23, 1846.


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