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cause why an insormation should not be filed, or why a mandamus should not issue, may be awarded by any judge of a District Court in vacation, upon good cause being shown; but no hearing shall be had upon any such rule, or upon the merits, except in term time; and the respondent to any information in the nature of quo warranto may plead or demur to such information, and if an issue of fict be made up by the pleadings, such issue shall be tried by a jury.

Sec. 6. Whenever a judgment at law shall be enjoined before any writ of injunction shall be issued the complainant shall give a bond to the desendant in a penalty of double the amount of the Bond to be . judgment at law to be enjoined, with good and sufficient security #: conditioned as required by law, and particularly to pay to the desendant the amount of such judgment in case the injunction shall be dissolved; and in all cases when a judgment at law has been enjoined and the injunction shall be dissolved, the court shall award upon the dissolution of such injunction, ten per cent, damages to - * * the desandant upon the sum enjoined exclusive of interest and costs. No injunction shall be granted to stay any proceedings at Release of etlaw, until the complainant shall release all errors at law in the pro." ceedings prayed to be enjoined; and in all cases a confession of judgment shall amount to a release of errors.

Szc. 7. In all cases when the books of a party shall be read . as evidence under the provisions of sections 77, 78,79, and 80, of an act entitled “an act concerning testimony and depositions,” such book or books shall be deemed and taken to be only prima facia evidence of the facts contained in any such book or books, and the party offering any such book or books as evidence undet the said sections and who may be sworn according to their provisions, shall be subject to all the rules of cross examination by the opposite party as would be applicable by the rules of law to any other witness in relation to the said book or books and all things therein contained.

Approved February 3rd, 1846,

AN ACT defining the time for taking appeals from

the vote of school meetings and for other purposes.

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

SECTION 1. The school commissioners of the several towns No appeal als lowed. of this Territory, shall not hereafter allow any appeal from the de

cision or vote of any district school meeting.

Sec. 2. No meeting of the commissioners of common schools

for the purpose of altering or forming any school district shall be Notice to be given of meer held unless notice of the time, place and object of such meeting ipgs. be given to the trustees of such district or districts as may be in

terested in such proposed formation or alteration,

Sec. 3. That so much of any law of this Territory as authoriFire per cent. zes the collector of taxes of any county, to receive five per cent. abolished.

for advertising lands to be sold for taxes, is hereby tepealed; and hereafter no charge shall be allowed, unless the lands are sold fot taxes.

APPROVED February 2, 1846.

AN ACT to change the form of govečnınent in the

county of Dodge, and for other purposes. BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That the act entitled "an act to provide for the government of the several towns in this Territory and for the revision of county government," approved February 18th, 1841,

and all other acts amendatory thereto now in force shall be in
force and take effect in the county of Dodge on and after the first
Tuesday of April next.
Sec, 2.

The first town meeting to be held in said county shall First town be held at the places hereinafter designated in the several towns held.

meeting when on the first Tuesday of April next, and it shall be the duty of the clerk of the board of county commissioners of said county at least twenty days prior to said day of election, to place in the hands of the sheriff of said county three written notices to be posted up in each town of said county, specifying the time when, and place where, said town meeting is to be held for the election of town of ficers, and the said sheriff shall post yp said notices in three of the most public places in each town at least fifteen days previous to said election.

Sec. 3. At the time and place of holding such town meetings, How organi. the electors present, shall, between the hours of ten, A. M.,

zed.

and iwelve, M., organize such meeting by choosing a moderator and clerk, to conduct such meeting, and thereafter such meeting shall in all respects be conducted in the manner provided by the acts and amendatory acts mentioned in the first section of this act,

Sec. 4. That the official duties and liabilities of the clerk of Clerk and the board of county commissioners and treasurer now in office in treasurer to said county, shall extend to the expiration of the term of their respective offices as clerk and treasurer: Provided, the said clerk shall file with the treasurer of said county, on or before the first Tuesday of April next, a bond to be approved by said treas.. urer in conformity with the acts now in force relative to clerks of

Proviso. the board of supervisors: And provided also, the said treasurer shall, on the day of the first meeting of said county board of supervisors, givesbond to the said board of supervisors of said county in accordance with the provisions of the above mentioned act and the act amendatory thereto, in default of which, in either case, the board of supervisors shall appoint some other suitable persons to discharge the duties of said offices respectively until others are dely elected and qualified. Sec. 5. That township nine, north of range thirteen east, Towns how

constituted. shall constitute a separate town by the name of Portland, and the first town meeting shall be held at such place in said town as the

hold over.

clerk of the board of commissioners shall, in the notice required by the second section of this act direct,

Sec. 6. Thal townships nine, north of ranges fourteen and fifteen east, shall constitute a separate town by the name of Emmet, and the first town meeting shall be held at the house of Wile liam M. Dennis.

Sec. 7. That towaship nine, north of range sixteen east, shall constitute a separate town by the name of Lebanon, and the firs: town meeting shall be held at such place in said town as the c!eria of the board of commissioners shall, in the notice required by the second section of the şthis] act direct.

Sec. 8. That township njne, north of rangé seventeen east, shall constitute a separate cown by the name of Ashippun, aod the first town meeting shall be held at the house of Andrew Van Wie.

Sec. 9. That township ten, north of range thirteen east, shall constitute a separate town by the name of Elba, and the first towa. meeting shall be held at the house of Noah Robinson.

Sec. 10. That township eleven, north of range i hirteen east, shall constitute a separate lown by the name of Calmus, and the first town meeting shall be held at the llouse of John Dougan.

Sec, 11. 'Tha: township ten, north of range fourteen east, shall constitute a separate iown by the name of Lowell, and the frst town meeting in said town shall be held at Finney & Lawton's mill.

Sec. 12. That township ten, north of range fifteen east, shall constitute a separate town by the nanie of Clyman, and the first town meeting shall be held at the house of Benjamin Fuler.

Sec. 13. Thai towrship ten, north of range sixteen east, shall constituie a separate town by the name of Hustis Ford, and the first town meeting shall be held at the house of Lewis & Tripp.

SEC. 14. That township ten, north of range seventeen east, shall constitute a separate town by the name of Rubicon and ihe first town meeting shall be held at the house of Ephraim Van Slyke.

Sec. 15. That township eleven, north of range fourteen easly. and the south half of township twelve, north of ranges thirteen and fourteen east, shall constitute a separate town by the name of Beaver Dam, and the first town meeting shall be held at the house of John H. Manahan.

Sec. 16. That township eleven, north of range fifeen cast, shall constitute a separate town by the name of Fairfield, and the first town meeting shall be held at the house of Major Pratt. SEc. 17. That township eleven, north of ranges sixteen and seventeen east, shall constitute a separate town by the maine of Hubbard, and the first town meeting shall be held at the house of Edwin Warren, Sec. 18. That township twelve, north of range fifteen east, shall constitute a separate town by the name of Burrut, and the first town meeting shall be held at the house of James A. Williams. Sec. 19. That township twelve, north of range sixteen east, shall constitute a separate town by the name of Williamstown, and the first town meeting shall be held at the mill of Foster & May. Sec. 20. That townships twelve and thirteen, north of range seventsen east, shall constitute a separate town by the naine of Le Roy, and the first town ineeting shall be held at the house of Jehial Case. Sec. 21. That townships thirteen, north of ranges fifteen and sixteen east, shall constitute a separate town by the name Chester, and the first town meeting shall be held at such place in said town as the clerk of the board of commissioners shall, in the notice required by the second section of this act, direct. Sec. 22. That the north half of township twelve and township thirteen, north of range fourteen east, shall constitute a separate town by the name of Trenton, and the first town meeting shall be held at the house of Judson Prentiss.

Sec. 23. That the north half of township twelve, north of range thirteen and township thirteen in the same range shall constitute a separate town by the name of Fox Lake, and the first town meeting shall be held at the office of Hamilton Stevens.

Sec. 24. That the said several towns set off and organized by this act shall each be entitled to, and enjoy all the rights and privileges which are granted by law to the other towns in this Territory.

Sec. 25. That the treasurer of Dodge county be required to pay to the treasurer of the town of Emmett, all school funds

which are now in his hands belonging to, or which may hereafter Duty of treas:

be appropriated to school district No, five of Dodge county, and”

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