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NO. 25.

AN ACT to incoporate the Milwaukee Lyceum.

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Section 1. Be it enacted by the Council and House of Repre-
sentatives of the Territory of Wisconsin, That Lucius I. Barber,
Hans Crocker, I. A. Lapham, William A. Prentiss, Horatio N.
Wells, Joshua Hathaway, John S. Rockwell, Jonathan E. Arnold

and John H. Tweedy, and their associates and successors, shall Style of corpora. be a body corporate and politic, by the name of the Milwaukee tion and general


Constitution and

Lyceum, and by that name shall have perpetual succession, and be capable of contracting and being contracted with, sueing and being sued, defending and being defended, pleading and being impleaded in all courts of law or equity, and may have a common seal, and alter the same at pleasure, and shall be capable of holding estate, real, personal or mixed, and also to lease, let, sell or convey the same, Provided that the property owned by said association shall not in the whole, exceed the sum of ten thousand dollars.

Sec. 2. That said association may adopt such constitution and by-laws.

shall be capable of ordaining and enforcing such by-laws and regulations as may be necessary for the admission of its members, election of officers, and for the proper management of its concerns, Provided, that said constitution, rules and ordinances shall not be repugnant to the constitution of the United States or the laws of

this Territory. Object of the as.

Sec. 3. That the objects of said association shall be the sociation.

advancement and general diffusion of useful knowledge, by discourses or lectures, by the formation of a library, and by such other means as may from time to time, be deemed expedient and proper, and also the collection and preservation of such facts and specimens as will tend to illustrate the antiquities, the civil and natural history of Wisconsin.

Sec. 4. That the property of said association shall be forever exempt from taxation.

Sec. 5. That this act may be altered, amended or repealed, at the pleasure of the Legislature, and shall be in force from and after its passage.

Approved, February 19, 1839.

NO. 26.

AN ACT to provide for aiding in the construction of the Milwaukee and Rock

River Canal.

authorised to

av Proceeds of

the payment of

SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin, That to aid in the construction of the Milwaukee and Rock River Canal, the Governor The Governor of the Territory be, and he is hereby authorized to borrow on the borrow not ex

ceeding 50,000 pledges hereinafter provided, any sum or sums of money, not dollars. exceeding fifty thousand dollars, to be received on the first day of September, in the year eighteen hundred and thirty-nine, or as soon thereafter as may be practicable, for a period of time not less than ton nor more than twenty years from the time when the same shall be received by the proper agent on behalf of this Territory, and at a rate of interest not exceeding six per centum per annum, payable semi-annually ; Provided, always, that in no case shall the bonds for such stock, be sold at a rate which would be less than the par or nominal value or amount thereof, when rated as bearing an interest of six per centum per annum, and the proceeds of the sales p of lands granted by Congress to aid in the construction of said lands pledged for Canal, together with the interest money accruing thereon, the said loan. revenues derived from the use of the Canal and accruing to the Territory or State of Wisconsin, the whole or so much of the Canal as shall belong to, or by law vest in the said Territory or State as may be necessary therefor, each and all are hereby irrevocably pledged for the redemption and payment of the principal and interest of any loan which may be made agreeably to the provisions of this act, at the time or times when the same may become due, and the Governor is hereby authorised and empowered to execute and issue bonds in the name of the Territory, and by authority of the act of Congress, payable at such place or places and at such time or times not inconsistent with this act, as to him shall seem expedient. Said bonds shall be signed by the Governor and countersigned by the Secretary of the Territory, and bear interest from the first day of September before mentioned, for the sum which shall be received thereon as aforesaid: Provided, however, that said loan shall not be negotiated unless a survey of the Canal Loan not to be route shall have been made and the location of the Canal established the location of

Canal is estabprior to the first day of September in the year eighteen hundred lished prior to and thirty-nine and a return thereof together with an estimate ber next.

the Ist Septam

$ !

showing its practicability and probable cost of construction made to
the Governor.

Sec. 2. There shall be appointed by the Governor by and with
Three Comnis. the advice and consent of the Council, three commissioners to be
sioners to be
appointed. styled the Board of Canal Commissioners, one of whom shall be

designated as the acting Commissioner, one as Register, and one
as Receiver, who shall hold their offices for the term of one year,
subject however, to be removed at the pleasure of the Governor
who shall fill such vacancies as may occur in the recess of the

Legislative Assembly. The Register and Receiver shall each Their titles and receive for their services an annual salary of one thousand dollars, salary.

and the acting commissioner an annual salary of twelve hundred
dollars, Provided, that the whole compensation to be received by
either the register or receiver in salary, commissions or otherwise,
shall not exceed the sum of fifteen hundred dollars in any one

Sec. 3. Said commissioners before entering upon their duties Shall take an oath shall make oath or affirmation, faithfully to perform the duties and give bonds. imposed upon them by this act, before some officer authorised to

administer oaths, and shall severally give bonds to the Governor in
the sum of five thousand dollars with sufficient sureties for the
faithful discharge of the duties of their office, Provided, however,
that the Reciever shall give additional bonds as aforesaid previous
to any sale of the Canal Lands in the sum of twenty thousand
dollars, and shall be required to give additional bonds whenever
the Governor shall think the safety of the funds in. his hands
require it.

Sec. 4. The Register and Receiver shall hold their offices in Duties of Regis- the town of Milwaukee, shall superintend the sales of the Canal ter and Receiver

Lands and make return of each sale thereof to the Governor in the
same manner that quarterly returns are made from the Land offices
of the United States to the general Land Office; shall keep appro-
priate books in which they shall enter the amount of all payments
made from time to time on account of lands sold, designating what
sums were received as payment of principal, what sums as payment
of interest; what sums on sales by foreclosure, and what sums on
judgments against any delinquent debtor, and make quarterly
returns to the Governor on the last days of March, June, Septem-
ber, and December of each year. Said Register and Receiver shall
also keep appropriate books in which they shall keep an account of
the current receipts and expenditures of the Canal fund; the stated
and final payments on every contract desiguating each particularly
with vouchers for the same; the salaries and compensation of all

Canal Commis.



officers and agents employed by the commissioners as well as all incidental expenses and shall likewise make minute reports of the same to the Governor on the last days of March, June, September and December of each year.

Sec. 5. As soon as the notice of the location of said Canal and Notice of loca. the designation of the lands granted by Congress shall be received tion of Canal, and

lands granted by by the Governor it shall be his duty io transmit a description of the Congress to be same to the Canal commissioners who shall proceed to ascertain the Governor to what lands have been improved or settled upon within said grant sioner's. and make out a registry of each tract which they shall find to have been improved or cultivated as hereinafter prescribed prior to the first day of February, 1839, a copy of which registry shall be by lands to be forts them forwarded to the Governor as soon as the same can be com- warded to pleted, and for the purpose of enabling said commissioners to ascertain what lands are subject to registry under the provisions of this act they or either of them are authorised to administer oaths and examine witnesses touching any application for such purpose. And any person who shall falsely swear before any of said commissioners touching the premises, shall be subject to all the pains and penalties of perjury.

Sec. 6. Any tract of eighty acres or fraction containing less What tracts to be than one hundred acres, having improvements his cultivation on proved or occu

pied lands. the same to the amount of one acre, or on which a house had been erected worth fifty dollars, previous to the first day of Feruary, 1839, or any tract being a quarter or fractional quarter section having an improvement by cultivation, of three acres, or which shall have been occupied, by the resider ce of a family, or on which a mill had been built prior to the first day of February, 1839, or any tract being a half or fractional half section having improvement thereon by cultivation of ten acres or on which a mill had been erected prior to the 1st day of February, 1839, and also any quarter or fractional quarter wection, claimed agreeably to the rules of the country, adjoining a quarter or fractional quarter of an numbered section, on both or either of which, improvements by cultivation have been made to the amount of three acres or on which a mill had been built prior to the first day of February, 1839, shall be subject to be registered as improved or occupied lands, but no person shall have registered in his own name, a quantity of Not more than land, exceeding two full or fractional quarter sections, nor shall the two quarters to registry in the name of any one person extend to more than one the nanie of one location or improvement, Provided, however, that in case any person shall apply for the registry of any tract of said canal lands by virtue of any settlement or improvement made thereon after



the 26th day of July, 1838, that before any such registry shall be inade by said coinmissioners, they shall be satisfied by the oath in writing of the claimant, or some other credible person that the said lands were occupied in good faith for agricultural purposes, or for the erection of mills or other machinery, and not for the purpose of speculation, and further that the claimant does not hold the same in trust for any other person or corporation, other than such as may have purchased of him for a valuable consideration and have intended to occupy the same for agricultural purposes, or for the erection of mills and no other, and Provided further, that if any claimant who entered upon the lands after July twenty-sixth, 1838, shall apply, and make proof to have registered, any lands which may be reserved from sale, by reason of including the termination of the canal, cr any lock or waste-weir thereon, only so much thercof shall be registered as will include the improvements of such claimant, and the full quantity which said claimant shall be entitled to register, shall be selected by him from some other of the canal lands not reserved as aforesaid, and on his application, the lands so selected shall be registered in the same manner as if the same had been occupied or improved by such claimant.

Sec. 7. Within the ninety [days] previous to the day of sale, which may be notified by the Governor, the said commissioners shall make out a schedule and valuation of all lands on that day to be offered for sale annexing to each tract of eighty acres or fraction containing less than one hundred acres, agreeably to the legal sub-divisions as exhibited on the plots of surveys of the public lands, such price as they may consider any such tract to be worth, except such lands as are improved or settled upon, and subject to be registered as such in the name of the person making

or owning such improvements, agreeably to the provisions of this Scherrule and act, which lands so improved or settled upon shall be entered in to be sold shall said schedule, at the minimum value of two dollars and fifty cents be transmitted to Governor pre." per acre, and when said schedule and valuation shall have been made

out, a copy thereof shall be forwarded to the Governor, and likewise a copy thereof, shall be kept in each of the offices of the Register

and Receiver and be open to public inspection. Appraisal of Sec. 8. In making appraisal of said lands the commissioners lands how made.

· shall take into consideration, as well the enhanced value which the

Canal must necessarily give to them, as also the position of any tract in regard to any improvements in the vicinity thereof, calculated to give it permanent value, but not to include improvements made on the tract so being appraised, and in the sale of such lands, no bid shall be received for a less sum than the appraised

valnation of lands

vious to the day of sale.

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