keep a ferry, shall be made by any person other than Notice to be such owner, the board shall not grant a license to such given. person, unless proof shall be made, that the said applicant caused notice in writiug to be given to such owner, at least eight days before the regular session of the board of commissioners, of his intention to make such application.

er to purchase

SECTION 7. If, at any time, the board of commis- New ferry keepsioners aforesaid shall grant a license to a person who the boats of his has not before kept such ferry, the said grantee shall predecessor. purchase the boats of the previous keeper, at the appraisal of three disinterested persons, to be appointed by the board aforesaid: provided, said appraisers shall adjudge said boats to be good and sufficient for the use of said ferry.

SECTION 8. Be it further enacted, That the provisions of this act, shall not be applicable to the county of Milwaukee, and the counties thereto attached for judicial purposes, in this territory.

SECTION 9. This act to take effect from and after the first organization of the board of county commissioners in the several counties of this territory. Approved January 18, 1838.

No. 75.

AN ACT to establish a ferry across the Mississippi river, in this territory.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That John Wilson, his heirs and assigns, are hereby authorized to establish and keep, or cause to be established and kept, a ferry across the Mississippi river at Davenport, in Scott county, with the exclusive privilege to the same, commencing at his ferry house on the bank of said river, thence down said river one mile, and up as far as Antoine Le Clair's reserve extends, for the term of ten years: provided, that the said John Wilson, his heirs, or assigns, shall be subject to all the laws now in force or that shall be in force in said territory in relation to ferries, tolls, &c.

SECTION 2. This act to take effect from and after

its passage: provided, that said John Wilson keep, or cause to be kept, at the place aforesaid, a good and sufficient boat or boats, to be propelled by horse or steam power, for the safe conveyance of passengers, horses, cattle, and hogs, across said river without delay.

Approved, January 18, 1838.

No. 76.

AN ACT to legalize and make valid the records of deeds and other conveyances of the county of Brown.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That all the acts done and performed, between the first Monday in April eighteen hundred and thirty-five, and the day of the passage of this act, by the register of deeds, in law or in fact of the county of Brown, and all the acts done and performed, by the deputy register, whether he shall have filed his appointment and oath of office with the county clerk, or clerk of the district court, of said county, previous to his having performed the duties of register, or otherwise, be and the same are hereby legalized and declared valid, so far as said acts have been done in the execution of the duties of said office.

Approved January 18, 1838.

The crime defined the fixed.

No. 77.

AN ACT for the punishment of the crime of bribery.

SECTION 1. Be it enacted by the council and house of penalty ed. representatives of the territory of Wisconsin, That if any person directly or indirectly, gives any sum or sums of money, or any goods, chattels, lands, or real estate, or any other bribe, present or reward, or give or make any promise, contract, covenant, obligation, or security, for

the payment, delivery, alienation, or transfer, of any money, goods, chattels, lands, or real estate, or other bribe, present, or reward, to obtain, procure or influence, the vote of any member of the legislature of this territory, or influence the opinion, judgment, decree or behavior of any judge or judges, justice or justices of the territory, in any action, plea, suit, complaint, indictment, controversy, matter or cause, depending or which shall depend before him or them, such person, so giving, promising or receiving, contracting or securing to be given and taken, paid delivered, aliened, transferred or received, as the case may be, any sum or sums of money, goods, chattels, lands, real estate or other present, reward or bribe as aforesaid, shall be void; the giver and receiver on being duly convicted of giving or receiving any bribe as aforesaid, shall, on conviction, be punished by fine not exceeding one thousand dollars, or by imprisonment at hard labor not exceeding two years, or both at the discretion of the court. And such person so receiving or taking, shall forever thereafter be disqualified to vote for, or hold any office, of honor, trust or profit under this territory; and if a member of the legislature, on examination and conviction had before such house as he may belong to, said member when so convicted shall be forthwith expelled, and shall forever thereafter be disqualified to vote for or hold any office of honor, trust or profit as herein before provided for.

SECTION 2. If any person shall, directly or indirectly, give or receive any sum or sums of money, or any other bribe, present or reward, or any promise, contract, obligation or security, for the payment of any money, goods, chattels, lands or real estate or for any present or reward or any other thing of value to influence any judge, justice, sheriff, coroner, clerk, constable, jailer, attorney general or circuit attorney, member of the legislative assembly, or other officer, ministerial or judicial, but such fees as are allowed by law with intent to induce or influence such officer, to appoint or receive any office or execute any powers in him vested, or perform any duty of him required, with partiality or favor, or otherwise than is required by law, or in consideration that such officer hath appointed any person to any office, or exercised any power in him. vested, or performed any duty of him required with

partiality or favor, or otherwise contrary to law, the person so giving, and the officer so receiving any money, bribe, goods, chattels, lands and real estate, present, reward, promise, contract, obligation or security, with interest, or for the purpose or consideration aforesaid, shall be deemed guilty of bribery, and on conviction shall be punished as is heretofore provided for in the first section of this act.

SECTION 3. This act to be in force from and after its passage, and all acts and parts of acts that contravene the provisions of this act are hereby repealed. Approved January 18, 1838.

Cause to be

the term.

No. 78.

AN ACT to amend an act entitled "an act concerning the supreme and district courts and defining their jurisdiction and powers.'

SECTION 1. Be it enacted by the council and house of less commenced representatives of the territory of Wisconsin, That in 90 days before all actions hereafter to be brought, in any of the district courts of this territory, a trial shall not be had at the first term (except by the consent of the parties) unless the writ shall have been issued and served, at least ninety days before the first day of the term to which the same is returnable; and the declarations filed at the time of the issuing of the writ: provided, that nothing herein contained shall be so construed as to prevent a continuance for good cause. Approved Jan. 19, 1838.

When stray

must not be taken up.

79.

AN ACT relating to strays.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That no person shall take up any unbroke animal as a stray between the first day of April and the first day of No

vember, unless the same be found within his lawful. enclosure; nor shall any person at any time take up any stray unless it be found on his plantation.

SECTION 2. If any horse, gelding, mare, mule or Qualification. ass, liable to be taken up, come to any person's plantation, any other person may notify him of the fact, and if he fail to take up such stray

for more than ten days after such notice, any other person of the same county may take up such stray, and proceed with it as if taken up upon his own plantation, except that he shall produce to the justice of the peace proof of the service of the notice.

stray.

SECTION 3. If any person take up any stray of any Proceedings on kind, and it be not claimed and proved, he shall with- taking up a in ten days take it before a justice of the peace of the county, and make oath that it was taken up on his plantation, and that the marks and brands have not been since altered, to his knowledge.

SECTION 4. If required the justice shall issue a summons to three disinterested householders to appear and appraise the stray.

SECTION 5. The householders, or two of them, shall take an oath that they will fully, fairly and impartially appraise the same, and their appraisement embracing a description of the size, color, age, mark and brands of the stray, shall be entered by the justice in a book kept by him for that purpose.

SECTION 6. The justice shall within ten days furnish the taker up with a certified copy of the entry on his stray book, whose duty it shall be to transmit the same to the clerk of the board of county commissioners.

SECTION 7. The justice of the peace shall give to the taker up, a written statement of the duties requir ed by law to be performed by such taker

up.

SECTION 8. And it shall be the duty of the taker up, to advertise at three of the most public places in

the township in which the stray is posted.

SECTION 9. The clerk of the board of county com- Duty of clerk. missioners, immediately after receiving the certificate

of any stray from the justice, shall record the same in a book to be kept for that purpose.

SECTION 10. Such clerk shall keep in some conspicuous place in his office a list containing a brief description of each stray, the name and residence of