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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 provided, to the Secretary of the Territory. Every assistant so appointed shall reiurn to the person by whom he was appointed, a just and perfect enumeration of the inhabitants of the district or division assigned to him, in the form só as aforesaid to be prepared by ihe Secretary, by the twentieth day of June next.
Sec. 6. Every person appointed in pursuance of the provisions of ihis acı, to take the census, and every assistant who shall be appointed and accep: said appointment, who shall fail 10 make returns agreeably 10 the provisions of this act, or who shall make a false reiurn of the enumeration in his county or division shall for- Penaly. feit and pay the sum of two hundred dollars, 10 be recovered in the name and for the use of the Territory before any court of competent jurisdiction.
Sec. 7. The said enumeration 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 shall commence on the first day of June Census when next, and shall be completed and closed in thirty days thereafter, taken. and said enumeration shall include only those whose place of res. idence shall be in said counties or divisions on the first day of June aforesaid, and the several assis!ants shall by the twentieth day of June next make and deliver to the person by whom they were appointed respectively, a true and accuraie copy of the enumeration of all persons, Indians not citizens, and soldiers excepted, within their respective divisions, which enumeration shall be set forth in a schedule designating the townships, precincts or districts comprising his division, according to the civil or geographical boundaries thereof and shall embrace the several fami. lies by the name of the head thereoi and the aggregate popula. tion therein.
Sec. 8. The several persons appointed in pursuance of the provisions of this act to take the census in their respective counties, shall, by the tenth day of July next, prepare duplicate copies Duplicate co
pies where de of the enumeration of the inhabitants of their respective counties posited. and transmit one of said copies to the Secretary of the Territory and deliver the other to the Register of Deeds of said county, or
if there be no Register of Deeds 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,
Sec. 9. The persons appointed to take said census and their Compensation assistants shall receive as compensation for the service to be per
formed in taking such census at the rate of one dollar and fifty cents for every one hundred persons enumerated by them respec
tively: Provided, that in the counties of St. Crois, Chippewa Proviso.
and La Pointe, and in those counties baving a population of less than one thousand souls, there shall be allowed to the person
making the enumeration at the rate of three dollars for every one Provided also, hundred persons enumerated therein: Prorided, also, that there
shall be allowed to the persons appointed according to this act to take such census the sum of five dollars, for making the abstract or copies required by the preceding section, each county shall pay for taking the census within its own limits and for the abstracts and copies of the same.
Sec. 10. As soon as the returns of the census shall have been Duty of SecreCary.
received by the Secretary from the several persons authorized to take the same, and by the first day of August next, whether he shall have received all of the returns or noi, he shall proceed to make an abstract of the population of the several counties as shown by the returns received by him, which abstract he shall file in his oflice, and furnish a certified copy thereof to the Governor.
Sec. 11. Immediately upon the receipt from the Secretary, of the said copy of said abstract, in case a majority of all the voles
cast upon the question of forming Siate Government are " for Governor to State Government,” the Governor shall proceed to make an apmake appor tionment.
portionment among the several counties, of delegates to form a state constitution upon the following principles, viz: He shall apportion one delegate to every county in the Territory for every thirteen hundred inhabitants in said county, and an additional de. legate in every county if there shall be a fraction in such county over and above the said number of thirteen bundredi, or any mul tiple of that number greater than one moiety of said number:
Provided, that there shall be one delegate apportioned to each Proriso.
organized county, wheiber it shall contain the number of thirteen hundred inhabitants or not, and no county shall be entitled to ivo delegates in said convention unless it shall contain over nineteen
hundred and fifiy inhabitants. No two counties shall be united in the same election district for the clection of delegates. Sec. 12. As soon as the Governor shall have completed said Governor to
issue proclaapportionmeni, be shall issue liis proclamation and cause it to be
mation. published in all the newspapers printed in the Territory and transmit a copy of it lo cach of the sheriffs of ihe county, for an election of delegates according to said apportionment to be held at the time of holding the next annual election in cvery county of the Territory, and said proclamation shall specify the number of delegates so apportioned to each of the counties of the Territory. Sec. 13. Immediately upon the receipt of said proclamation Sheriffs to giro
notice. the sheriff in the several counties in the Territory shall give notice that an election will be held on the day mentioned in the proclamation of the Governor in the several towns and election precincts in each county, for the cleciion of the same number of delegates in their coun:ies respectively as the Governor by his said proclamation shall have apportioned to such county, and the sheriff in such notices shall designate the same place for holding such election in the several towns and precincts as shall have been provided by law for the holding of elections in such towns and precincts; and if no such place shall have been provided by law, then such place as the sheriff shall think proper to select, which notices shall be posted up in at least three public places in each of said towns and precincts, and in case any county shall be at, tached to another county for judicial purposes, and there shall be no sheriff in it, then the sheriff of the county to which it is atiached shall perform the dotics hereby required to be performed in such attached county in the saine manner that he is hereby required to perform therein in the county of which he is the sheriff excepting the countics of Chippewa, St. Croix and La Pointe, in which said county (countics) it shall be the duty of the clerk of the board of county commissioners to do the duties herein required to be done by the sheriff. And the sine persons shall aci as judges of election, at said clection of dclegates, as shall act as judges of the general election and if there are no judges present or if part only are present, ilic voters in attendance may appoint others to supply their places.
Sec. 14. At the times and places specified in said notices of eleciion, all the white male inhabitants of the Territory above the Who may vote
for delegates. age of twenty one years, who shall have resided in the Territory
for six months next preceding said election, and who shall be cita izens of the United States, or shall have declared their intention to become such according to the laws of the United States on the subject of naturalization, shall be authorized to vote by ballot for the number of delegates to the convention to forin a state constitution which shall have been apportioned to the county in which he is voting, and no person shall vote in any county for delegates unless he sliall have been a resident of that county for ten days next preceding such election, and every person authorized by this act to vote for delegates to form a state constitution shall be competent to be elected a delegate to said convention for the county
in which he resides. Votes how
Sec. 15. The votes cast for said delegates shall be deposited canvasged, &c
in a separate box to be provided by the judges of election for that purpose, and shall be canvassed, certified and returned, and certificates of election issued in the same manner as is provided by law for the canvassing, certifying and returning of votes and issuing of certificates of election for members of the House of Representatives. And the person or persons voted for, for delegate in each county equal to the number apportioned to such county, who shall have received the greatest number of votes shall be the
persons declared duly elected as such delegates. Delegates
Sec. 16. The persons so elected delegates in the several where to meet:
counties of the Territory shall assemble in the Representatives Hall, in the Capitol, at Madison, in said Territory, on the first Monday in October next, at iwe!ve o'clock, noon, and when so assembled shall have full power and authority to form a republican
constitution for the State of Wisconsin. Powers of con. Sec. 17. The convention shall by ballot elect one of their tention.
number President; and appoint one or more Secretaries. The convention may employ a Doorkeeper, Messenger and Fireman, who shall be allowed the same amount per dien as the delegates: The convention may also employ a printer to do its necessary printing. The amount of pay to each delegate and officer of tbe convention shall be certified to by the President of the conven
tion. Pay of dele Sec. 18. The delegates to such convention shall be entitled gates.
to two dollars per day for every day's attendance at said convention, and ten cents per mile for travel in going !o and returning from said convention, to be paid out of the territorial treasury.
Sec. 19. If any person shall vote at either of the electians provided for by this act, who shall not possess the qualifications of Penalty for ila voter as the same are prescribed in this act, he shall be punished legal voting. by a fine not less than fifty dollars nor more than one hundred dol. lars.
Sec. 20. When any person shall offer to vote at either of the elections provided for by this act, and either of the judges of the election shall suspect that such person does not possess the qualifications of a voter, or if his vote shall be challenged by any voter, Votes bow
challenged. one of the judges of election shall tender to such person an oath or affirmation in the following form;I, A. B. do solemnly swear (or affirm as the case may be,) that I have resided in this Territory six months, and in this county ten days immediately preceding this election. I am lwenty-one years of age'as I verily believe, I am a citizen of the United States. (or have filed an application to become such according to the laws of Congress on the subject of naturalization) and I have not voted at this election. And if such
Oath of elect person shall take such oath or affirmation, his vote shall be received unless it shall be proved by evidenco satisfactory to a majority of the judges that he does not possess the qualifications of a voter; and if such person refuses to take said oath or affirmation, his vote shall be rejected. Sec. 21. If any person shall take said oath or affirmation
Penalty. knowing it to be false, he shall be deemed guilty of perjury. Sec, 22. Said convention shall have power to submit the con
Constitution stitution adopted by them to a vote of the people, if they shall
to be submit deem
proper; and to provide how the votes cast upon that subject ted to a vote shall be taken, canvassed and returned, and shall also have of the people, power to submit the said constitution to the Congre e of the U. nited States, and to apply for the admission of Wisconsin into the Union of the United States as a sovereign state: Provided, that said constitution shall be eventually ratified by the people ei. ther before or after the action of Congress upon the same.
Sec. 23. The general annual election shall hereafter be held General elecin the several counties of the Territory on the first Monday of Sep
tions, tember annually, instead of the fourth Monday of September as now provided by law.
Sec. 24. Should any of the duties required of any officer by Duty of Gore this act not be performed as herein provided, it shall be the duty