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How to qualify.

Duty of commissioners.

Excavation to

be let.

Proviso.

February 18th, 1845, and designated on the plot and report of the said engineer made by him to the said commissioners.

Sec. 2. The said commissioner appointed by this act, shall, before entering upon his duties as such, execute a bond to the Governor of the Territory, and his successors in office, for the use of the Territory, in the sum of five thousand dollars, with good and sufficient security to be approved by the Judge of the first judicial district, conditioned that he will in all things well and faithfully perform all the duties required of him by this act, or which may hereafter be required of him by law; and he shall also take and subscribe an oath before some proper officer that he will in all things faithfully perform all his duties as such commis sioner, according to the best of his skill and understanding; which oath shall be endorsed upon the said bond, and the said bond shall be filed with the Governor of the Territory.

Sec. 3. The said commissioner shall, as soon as practicable, after he shall have qualified as such, in the manner provided in the preceding section, proceed to lay off the line of the said canal into sections of not tnore than one hundred yards each, and numbering then from one, on; commencing at the Grant River, and shall let out the clearing and grubbing of the said line, by sections so numbered to the lowest bidder, for each section; and he shall take from each contractor bond and security for the ful filment of the work contracted for, within the period of time agreed for the completion of the work let; and the commissioner shall cause public notice of the letting of such contracts to be published in a newspaper printed in Grant county for three weeks prior to any such letting, which notice shall specify the work to be done, and the time within which the work shall be completed.

SEC. 4. As soon as the line of said canal shall be cleared and grubbed, the said commissioner shall let the first course of the excavation of said canal in sections as provided in the preceding section, to the lowest bidder; and shall give such notice and take such bond from the contractors as is specified in the said preceding section: Provided, That the said commissioner shall not in any case pay, or contract to pay to any contractor any money for work done on said canal until his contract shall be fully comple. ted. And if any contractor shall fail to fulfil his contract, he

shall forfeit all the work that he may have done, and shall moreover be liable on his bond: And provided further, That the said commissioner shall not, under any pretence, exceed in his expenditures for the said work, the sum in the hands of the receiver of the money arising from the sales of the said section of and granted by the said act of Congress.

Expenses how

SEC. 5. The said commissioner shall pay for all contracts authorized by this act, and all expenses about the work herein directed to be done, by drafts on the receiver of the proceeds of the sales of the said section of land, and all such drafts shall specify the purposes for which they are drawn, and the said receiver shall pay all such drafts when duly presented, taking a receipt for the paid. money, which drafts and receipts shall be vouchers for him in his disbursements; and the sum of two thousand seven hundred and twenty-five dollars and forty-three cents, now in the hands of the said receiver, is hereby apprropriated for the purposes contempla. ted by this act and no other.

SEC. 6. The said commissioner shall receive for his services Compensation of commisunder the provisions of this act, the sum of one dollar and fifty sioners. cents per day for each day that he may be actually engaged in the performance of his duties, and no more; which shall be paid out of the fund hereby appropriated for the work on the said canal, and in the same manner of other disbursements for the work; and the said commissioner and the said receiver shall each make a full report of their proceedings under this act, to the next Legislative Assembly, and the said commissioner shall cause the work on the said canal to be made conformably to the plan designated in the report of the said engineer; and if the said commissioner shall misapply the money hereby appropriated, for the said work, or any part thereof, he shall be guilty of a misdemeanor and 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.

SEC. 7. The commissioner appointed by this act, shall have power and authority, at the letting of any contract, or contracts, under the provisions of this act, to reject any bid or bids, for work on the said canal, that may be in his opinion extravagantly high, or more than the work is worth, and in case of any such rejection the contract shall be re-let, according to the provisions of this act,

Power of com missioners.

and the said commissioner, in his notice of letting contracts for excavation on the said canal, shall specify the breadth and depth of the excavation, which specification shal! be embraced in the contracts; and all the timber, grubs and earth taken off or out of the said canal, shall be removed to the eastern or lower side of the canal, to the distance of at least twenty feet clear from the line of the canal.

APPROVED January 31, 1846.

AN ACT to authorize certain counties to levy a special tax.

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

SECTION 1. That the board of supervisors of the county of Calumet, Fond du Lac, and Winnebago, and the board of county commissioners of the county of Marquette, shall have power, and they are hereby required to levy a tax not exceeding one per Special tax to be levied. cent. per annum, annually, for the purpose of constructing a McAdam, plank, rail or turnpike road from the foot of Grand Kakalin to Winnebago Lake, as may be deemed most expedient.

How appropriated.

SEC. 2. The said tax shall be levied and collected at the same time and in the same manner that taxes arc by law required to be levied for the support of county government in said counties respectfully, [respectively] and said tax shall be a lien on real es tate on which the same is or may be assessed, until paid.

SEC. 3. The said board of supervisors and board of county commissioners respectively are hereby authorized and required to appropriate all the money raised in pursuance of this act, to the purposes herein expressed, and no other.

SEC. 4. The chairman of the board of supervisors or of the board of county commissioners, as the case may be, of said coun

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ties, together with the chairman of the board of supervisors of the

county of Brown, shall constitute a board for the purpose of des- Who to con

ignating the route of said road, and the manner in which the mon

ey raised in pursuance of this act shall be expended, and also for

stitute board.

the purpose of appointing a superintendent over said road: Pro- Proviso.
vided, That all of said counties shall raise said tax, but in case
any of said counties shall fail to raise said tax in any year, the
chairman of the board of said county shall not be one of the board
for expending said money during such year; but said last men-
tioned board shall each year be constituted exclusively of the
chairmen of the county boards of those counties which shall levy
such a tax for such year.

SEC. 5. The majority of the said board for expending the mon- Majority to make quorum. ey then raised, shall constitute a quorum for the transaction of all business. And in pursuance of this act, and the more effectually to carry the same into effect, the chairman of the board of county commissioners or the board of supervisors, as the case may be, of those counties adopting the same, shall and are hereby required to meet at the house of D. W. Halsted, on the first Monday of May next, for the purpose of choosing one of their number chairman or president of said board, and otherwise fully organizing the same; and which board thereafter shall have the power of ap pointing their own place of meeting.

SEC. 6. The superintendent appointed by said board, shall have power to make contracts for the construction of said road and shall have the general supervision of said road, subject to the Power of su perintendent. control of said board, and may on his order diaw the money rais ed for the construction of said road from the treasuries of the * said counties respectively.

ted.

SEC. 7. This act shall be submitted to the legal voters of said To be submitcounties respectively, at the election to be held in April in each year, and if a majority of all the votes cast at such election in any county upon this question shall be in favor of raising said tax, then the county board of such county are required to carry this act into effect. But if a majority of all the votes cast upon this question, in any county, shall be against raising said tax, then the said tax shall not be levied in such county during the year such vote was given.

APPROVED February 2nd, 1846.

AN ACT to provide for laying out certain territorial roads therein named

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

SECTION 1. That William A. Barstow, Orson Reed and Ezra S. Purple, be, and they hereby are appointed commissioners to lay out and establish a territorial road commencing at Prairieville, thence on the nearest and most direct practicable route by Delafield and Summit to the point where the United States road from Milwaukee to Madison crosses Battle Creek in Jefferson county.

SEC. 2. That Edward West, Samuel Sanbourn and Harrison Reed, are hereby appointed commissioners, and authorized to lay out and establish a territorial road from Waupun, in Fond du Lac county, to Winnebago Rapids, in Winnebago county.

SEC. 3, That Curtis B. Brown, Chester H. Dailey and Francis Baggs are hereby appointed commissioners and authorized to lay out and establish a territorial road from Delafield, in Milwaukee county, to Hustis' Rapids in Dodge county.

SEC. 4. That Solomon Juneau, William R. Kirk, and Jehial Case, are hereby appointed commissioners and authorized to lay out and establish a road from Milwaukee, in Milwaukee county, to Fond du Lac, in Fond du Lac county.

SEC. 5. That John Cook, Robert Cowen and Willis T. Bunton, be, and they hereby are appointed commissioners to lay out and establish a territorial road, commencing at Whitewater, thence to Indian Ford on Rock River, town four, range twelve, thence to or near to Cook's mills on section six, town four, range eleven east, thence on the nearest and best route to intersect the territorial road located in 1845, from Milwaukee to Mineral Point at or east of the point where said road crosses the Pickatonica.

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SEC. 6. That John Cook, Alanson Vaughan and Chauncey Isham, be, and they are hereby appointed commissioners to lay out and establish a territorial road, commencing at or near the corner of sections number thirteen, eighteen, twenty-four and

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