viction thereof, shall be punished in the same manner as is now provided by law for the punishment of the crime of perjury.

the board of

SEC. 11. The qualified electors present at the place of hold- Vacancies in ing any election provided for in this act, shall have power to election may fill any vacancy (for the time being) that may exist in the be filled. board of election as now constituted by law.

election to be

SEC. 12. At any election held in pursuance of the provi- Where the sions of this act, the polls shall be opened at the several pla- held, and the ces where the last annual election was held, between the polls when hours of eight and ten o'clock A. M., and shall be closed at five o'clock P. M.; any law of this Territory to the contrary notwithstanding.

opened and closed.

appoint persons to take

SEC. 13. The Governor shall within ten days from the Governor to passage of this act, appoint in each of the counties of the Territory, some suitable person who is hereby authorized the census. and required to cause the number of inhabitants in the county for which he shall have been appointed to be accurately taken, omitting in the enumeration Indians not citizens and officers and soldiers of the regular army of the United States; and every person so appointed shall have [power] to appoint as many assistants to aid him in taking the census as he may Assistants deem necessary, and shall assign to each assistant a certain may be ap. pointed. division of his county which shall be accurately defined either by Congressional Township lines or the boundaries of towns organized for town government or shall be distinctly bounded by water courses or public roads: Provided, That Proviso. if any person so appointed shall refuse or fail to perform the duties required by this act, it shall be the duty of the Governor forthwith to appoint some other suitable person to perform the same; and he is hereby authorized, should he deem it necessary, to extend in such case the time limited by this [act] for the performance of said duties for such period

shals to be

SEC. 14. The Governor shall immediately upon making List of marsuch appointments, furnish to the Secretary of the Territory furnished the the names of all persons so appointed, and their so far as he can ascertain the same, which the

residence secretary and to be recordSecretary ed.

Marshals to take oath.

make return

to their principals.

shall record in the Executive Journal; and the Secretary shall furnish to every person so appointed a certificate of such appointment, and shall at the same time forward to him the necessary blank forms for carrying into effect the provisions of this act, to be prepared by the Secretary, the expense of preparing which shall be paid by the Territory.

SEC. 15. The persons appointed to take the census, and their assistants, shall severally take and subscribe an oath or affirmation before some person authorized by law to administer oaths, previous to entering upon the discharge of the duties imposed by this act, that they will well and truly cause to be made, a just and perfect enumeration of all the persons resident within their county or division as the case may be, and a true return thereof make in pursuance of the provisions of this act according to the best of their abilities, which oath or oaths shall be returned with the census as hereinafter Assistants to provided, to the Secretary of the Territory. Every assistant so appointed, shall return to the person by whom he was appointed, a just and perfect enumeration of the inhabitants of the district or division as signed to him in the form so as aforesaid to be prepared by the Secretary. And the several persons appointed in pursuance of the provisions of this act, to take the census in their respective counties, shall by the twenty-fifth day of December next, prepare duplicate copies of the enumeration of the inhabitants of their respective counties, specifying the number of inhabitants in each town in the counties under the town system of government, and in each precinct in those counties under the county system of government; and forthwith transmit one of said copies properly certified to the Secretary of the Territory, and the other to the Register of Deeds of said county, or if there be no Register in such county, to the Register of Deeds of the county to which it is attached for judicial purposes, and the said Register shall preserve the same on file in his office subject to the inspection of all persons.

Duplicate returns when and where made.

Penalty for naking false

eturns.

SEC. 16. If any person appointed in pursuance of the provisions of this act, to take the census shall fail to complete said census, and make returns thereof by the time limited by this act, he shall not be entitled to receive any compensation

therefor, and every person so appointed who shall accept said appointment, and every assistant who shall be appointed and shall accept such appointment who shall knowingly make a false return, shall forfeit and pay the sum of two hundred dollars, to be recovered in the name and for the use of the Territory, before any court of competent jurisdiction. SEC. 17. The said enumeration shall commence on the Enumeration when to be first day of December, A. D. 1847, and shall be completed commenced and closed within fifteen days thereafter. It shall include only those who are residents of said respective counties or di- made. visions on the first day of December aforesaid, and shall be made by an actual enquiry by the persons taking such census at every dwelling, or by personal enquiry of the head of every family in their respective counties or divisions.

and comple

ted, and how

assistants

how made.

SEC. 18. Every assistant shall by the twentieth day of De- Returns of cember, A. D. 1847, make and deliver to the person by whom when, to he was appointed, a true and accurate copy of the enumer- whom and ation of all persons whose enumeration is herein provided for, which shall be set forth in a schedule designating the townships, precincts or districts constituting his division according to the civil or geographical boundaries thereof, and shall embrace the several families by the name of the head thereof, and the aggregate number therein.

census.

SEC. 19. The persons appointed to take such census shall Compensation for taking the each be allowed the sum of five dollars for making the abstracts or copies required by section fifteen, and said persons and their assistants, shall receive as compensation for the service performed in taking said census at the rate of one dollar for every one hundred persons enumerated by them respectively: Provided, That in the counties of St. Croix, Chippewa, and La Pointe said compensation shall be at the rate of three dollars for every one hundred persons enumerated therein, and in the county of Richland at the rate of five dollars for one hundred, and in the county of Portage three dollars for every one hundred: Provided also, that each county shall pay for taking the census in its own limits and for the abstracts and copies of the same, in the same manner as other county expenses are paid.

2

If constitution

not adopted, governor to call a new convention.

Convention so called when to be held.

Stationery to

SEC. 20. If it shall appear from the returns of the votes cast upon the question of adopting the constitution which shall be submitted by the convention to the people, that the same has not been adopted, it shall be the duty of the Governor of the Territory forthwith to issue a proclamation authori zing an election of delegates to form a constitution for the State of Wisconsin at such time as he may designate. The number of delegates so to be elected in each county, the eligibility of persons to the office of delegate, the qualifications of voters at such election, the manner of conducting the same, and of taking, canvassing and returning the votes cast at such election and of making out and delivering certificates of elec tion, shall in all respects be the same as is herein before provided.

SEC. 21. The delegates so elected, under the twentieth section of this act, shall assemble at the Representatives' Hall, in the Capitol at Madison, in said Territory, on the fourth Monday after such election, at twelve o'clock, M., and when so assembled shall have the same powers and shall perform the same duties and receive the same pay as is herein before prescribed in relation to the delegates first above provided for.

SEC. 22. The Superintendent of Territorial Property is be purchased. hereby directed to procure, previous to the assembling of the Convention first above provided for, a requisite supply of

stationery for the use of the members thereof; and the sum of six hundred and ninety dollars is hereby appropriated out Appropria tion therefor. of the Territorial Treasury for that purpose, and the further sum of six hundred and ninety dollars is hereby appropriated, to be expended in the same manner, for the use of the second convention above provided for, in case the same shall be authorized by proclamation of the Governor as aforesaid, and to be drawn out of the Territorial Treasury after such proclamation shall have been issued.

The next annual session

SEC. 23. The annual session of the Legislative Assembly of the legisla. which is required by law to be held at the capitol, on the first ture when to Monday in January next, shall be held at the same place, commencing on the first Monday of February next; and all Terxitorial officers elected at the last annual session for the term

be held.

of one year, shall hold their respective offices until the close of said February session, or until others shall be elected and qualified in their stead.

I. P. WALKER,

Speaker of the House of Representatives.
HORATION. WELLS,

APPROVED, October 27th, 1847.

President of the Council.

HENRY DODGE.

AN ACT

To provide for the payment of the expenses of the special session of the Legislative Assembly for A. D. 1847.

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

tions.

SECTION 1. There shall be paid out of the sum appropria- Appropria ted by Congress at its session of A. D. 1846 and 1847 for defraying the expenses of the Legislative Assembly of this Territory, as follows, viz:

To Mason C. Darling as President pro tem of the Council, To M. C. one day, three dollars.

Darling.

To H. N. Wells as President of the Council, three dollars H. N. Wells. per day extra for ten days services, thirty dollars.

To Benjamin H. Mooers as Speaker pro tem of the House B. H. Mooers of Representatives, six dollars for two days services.

To I. P. Walker as Speaker of the House of Represen. I. P. Walker. tatives, three dollars per day extra for nine days services,

twenty-seven dollars.