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AN ACT to amend the fourth section of an act entitled "an act to amend an act entitled 'an act for assessing and collecting county revenue," " approved February 19th, 1841.

BE IT ENACTED by the Council and House of Representatives f the Territory of Wisconsin:

SECTION 1. No person shall hereafter have the power to reuce the assessment upon his real estate upon his own affidavit, nd section four of an act, entitled "an act to amend an act entiled 'an act for assessing and collecting county revenue,” *" shall ereafter apply only to personal estates. APPROVED January 27th, 1846.

AN ACT to provide for the canvassing the votes
cast at the general election held on the fourth
Monday of September, 1845, in the county of
Marquette.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That it shall be lawful for Hiram McDonald, Stutley Weeks and William Seymour or any two of them to doo and perform all the acts that might or should have been done or performed by the clerk of the board of county commissioners; and two justices of the peace or any one or more of them, in and ¦ for the county of Marquette, in and about the general election held in said county on the fourth Monday of September, 1845, in can-Votes how vassing the votes, issuing certificates to the persons elected to the canvassed.

Duty of commissioners.

Proviso.

several offices, or otherwise, pursuant to the provisions of the general election law.

SEC. 2. The commissioners hereinbefore named shall take as the basis of their action the returns heretofore made to the clerk of the board of county commissioners of the votes cast at said election: Provided, that if said returns cannot be obtained, said commissioners shall have power to procure further returns of said election from the judges of the several election precincts: Provided, the said commissioners before proceeding to canvass the said votes shall take and subscribe an oath before some person authorized to administer oaths, to faithfully and impartially discharge the duties hereinbefore assigned to them.

SEC. 3. This act shall take effect from and after its passage; and said commissioners shall perform the duties imposed upon them by this act, within twenty days after the same becomes a law.

APPROVED January 26, 1846.

AN ACT to submit to the inhabitants of the coun

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ties of Jefferson and Dodge the question of the division of said counties.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That for the purpose of ascertaining the wishes of the people of the counties of Dodge and Jefferson, in regard to the division of said counties and the establishment of a new county from parts of said counties, the following proposition shall be submitted to the people of said counties to be voted on at the next annual election, to wit: "That a new county be established Proposition to be submitted, to be composed of townships nine, [and] ten, in ranges thirteen fourteen, fifteen, sixteen and seventeen, in Dodge county, and

townships eight, in ranges thirteen, fourteen, fifteen and sixteen

in Jefferson county.

of voters,

SEC. 2. At which election every white male inhabitant of the Qualification age of twenty-one years and upwards who shall reside in said county sixty days before said election, shall be entitled to vote in the county in which he may reside, "for new county," or "against new county," and the result of said election shall be certified by the clerk of the board of supervisors of said counties, to the Secretary of the Territory to be by him laid before the next session of the Legislative Assembly.

APPROVED February 2nd, 1846.

AN ACT to incorporate the Rochester Cemetery
Company.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

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SECTION 1. That Orrin Wright, Seth Warner, Levi Godfrey, Body polític Hiland S. Hulbum, George W. Taggart, Philo Belden, Horace who to constiFrost, George Hill, William Gates, Abial Whitman, Peter Campbell, John A. Bloomer, Solomon Blood, Henry Cady, Tyler Caldwell, George W. Gamble, and Richard E. Eld, shall be, and they are hereby declared to be a body politic and corporate to be known and designated as the Rochester Cemetery Company, to be located in the town of Rochester, Racine county; and as such corporation, are hereby declared capable of sueing and being sued, answering and being answered unto, pleading and being impleaded, defending and being defended against, in all courts and places, and in all suits, actions, and cause and matters whatever.

SEC 2. Said corporation shall have power to purchase, own Powers of com and hold real estate of an amount not exceeding ten acres of poration. ground, and shall also have power to lay off the same into lots,

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aisles and forms as they may see proper. Said lots and aisles of other forms to be surveyed and designated on a plat in a specific manner, and entered at the county registry, in the same manner as provided for the registry of town plots by the laws of this Territory. Any reserves of said lots or other forms for a potters field or gratuitous burial, or for embellishment, shall be specified on the plot so recorded, and to be forever after hield for those purposes so specified. All other lots not so reserved and designated, said corporation shall have power to transfer by deed, under the cominion seal and signature of said corporation. Said lots may be sold by the half or quarter lot, at the discretion of said corporation; but in no case shall more than one lot be sold to one person unless more should be required for the interment of such persons' family. The ground laid off and recorded by this corporation, according to the provisions of this section, shall be forever after held for cemetery purposes, and deeds given by this corporation shall grant expressly for burial purposes, and no other. Said lots shall be sold by this corporation at a value assessed by the corporation; the proceeds of such sales to be applied at the discretion of the corporation exclusively to the fencing [and] improving the cemetery ground, of which said lot or parcel is a portion, or in the purchase of personal property essential to cemetery purposes.

SEC. 3. This corporation shall also have power to purchase and hold personal property not exceeding in value three hundred dollars, such as is deemed by them necessary for cemetery purposes, and may also transfer the same at pleasure, applying the proceeds of such transfer to the purposes ennumerated in sec, 2 of this act. They shall also have power to receive donations or subscriptions, and apply the same to the improvement or embellishment of the cemetery grounds or to the purchase of additional ground under the limitation prescribed in this act.

To have perSEC. 4. Said corporation shall have a continued and perpetupetual succes- al succession, and shall have power to make a common seal and use the same at pleasure in the conveyancing of lots. Any vacancy in the number of the members of this corporation, by death or by removal from the town in which this corporation is located, shall be filled by an election by the remaining members of the corporation, from the lot owners in the cemetery ground, and on all subjects, within the province of this corporation, a majority of

the votes of the members of the corporation present at any duly

notified meeting, shall be controlling.

SEC. 5. The officers of this corporation shall consist of a Officers, &c. president, secretary, treasurer and sexton, who shall be chosen by ballot at the first meeting of the members of this corporation, which meeting shall be notified by Orrin Wright,named in the first section of this act, by notice personally served on each member of this corporation, to be found in the town at the time of undertaking such service, at least three days previous to said meeting; and thence afterwards said officers shall be chosen and meetings called at times and in manner said corporation shall determine. The president shall preside at all meetings of the corporation; his absence being supplied by a president pro tem. The president shall also sign all deeds and papers for the corporation and affix its seal. The other duties of the president and the duties of the other officers shall be prescribed by the corporation.

SEC. 6. Any future legislature of the Territory or State of
Wisconsin may repeal, alter or amend this act.
APPROVED Feb. 3d, 1846,

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AN ACT to organize certain towns therein named, and for other purposes.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That all that part of the town of Yorkville, in the county of Racine, lying north of towns three north, in ranges twen ty and twenty-one east, shall be and is hereby set off into a separ ate town, by the name of Raymond, and the first town meeting shall be held at the house of Elisha Raymond.

SEC. 2. That the ninth and tenth sections of the act entitled "an act to organize certain towns therein named," passed at the

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