account for and pay over to the county treasurer of the proper county, and take his receipt therefor, (which receipt shall be filed with the clerk of the county commissioners, on or before the first Monday in January, in each and every year,) all sums of money received by fine, penalty or otherwise, which by law is required to be paid into the treasury of the several counties, shall be paid in the same kind of funds as is received by such officer or officers.

ply.

SECTION 2. Be it further enacted, That any officer Forfeiture on failing to comply with the foregoing section, shall for failure to comfeit and pay the sum of seventy five dollars, with any money by him not accounted for and paid over as aforesaid, to be recovered by suit, before the district court of the proper county wherein default is made, in the name of the board of commissioners for the use of said county; and in case judgment is rendered against such officer or officers, there shall be no stay of No stay of exexecution allowed thereon, any law to the contrary notwithstanding: provided, that the officer or officers against whom the suit is brought, shall have notice. thereof, at least ten days before the first day of the term at which such suit is brought.

ecution.

clause.

SECTION 3. From and after the first organization Repealing of the board of county commissioners, in the several counties in this territory, all acts and parts of acts contravening any of the provisions of this act are hereby repealed and of no effect.

Approved Dec. 13, 1837.

No. 5.

AN ACT to provide for the election of county treasurers and to

define their duties.

and to give

SECTION 1. Be it enacted by the council and house of County treasurrepresentatives of the territory of Wisconsin, That there er to be elected shall be elected at the time and place of electing coun- bond. ty commissioners, a county treasurer, who shall, immediately on the receipt of a certificate notifying him of his election, give bond and security to the satisfaction of the board of commissioners, payable to the said board of commissioners in their corporate name, conTER. LAWS-9.

His duties.

ditioned for the faithful discharge of the duties of his office; that he will account for all moneys which may come into his hands as county treasurer; that he will deliver unto his successor in office, all books, papers, documents and other things which he may hold by virtue of his office, and that he will pay him the balance of all moneys due the county; and said treasurer shall hold his office for the term of one year, and until his successor shall be elected and duly qualified. SECTION 2. It shall be the duty of the treasurer to receive all moneys due and accruing to the county, to pay and disburse the same on orders drawn by the board of county commissioners of the proper county, attested by their clerk, and not otherwise. The said treasurer shall keep a true and just account of all moneys received and disbursed, and hold and keep the same at all times ready for the inspection of said board, and shall at every term of said board furnish them with a statement thereof, balanced to the first day of said term, showing all the moneys received and disbursed by him since his last settlement, and the balance remaining in his hands, together with the arrearages of taxes in the hands of the collector. He shall, moreover, once in every year settle his accounts with the said board and produce his vouchers, which being allowed, shall be cancelled by them by writing the word "cancelled" on the face of such order, which shall be retained and filed by the clerk of said board. SECTION 3. It shall, moreover, be the duty of said treasurer, so soon as he shall have received from the clerk of the board of commissioners, a statement of the amount of taxes put into the hands of the sheriff or collector of his county, or of any of his predecessors, and which shall not have been accounted for, forthwith to proceed to collect from such delinquent, his securities, heirs, executors or administrators, the sum or sums in arrear and due from him or them to the county, and in like manner when such treasurer shall be furnished by the clerk with a statement of jury fees, fines and forfeitures received by any officer, he shall forthwith proceed to collect the same according to law, and place the same, when collected, to the credit of the county.

SECTION 4. County orders properly attested shall be entitled to a preference as to payment according to

to receive pre

presentment.

the order of time in which they may be presented, and County orders upon the receipt of money into the treasury it shall be ferer.ce accordthe duty of the treasurer to appropriate and set apart ing to the order the sum for the discharge of such county orders so presented: provided, however, that the county treasurers are hereby required to receive of any collector, all county orders which such collector may have received in payment of county tax, without regard to the priority of the number of any such order or orders; and provided, that when two or more orders are, presented at the same time, precedence in all cases shall be given to the order of the oldest date.

of county
treasurer.

SECTION 5. That the county treasurer shall have compensation for his services, one and a half per centum for all moneys received, and one and a half per centum for all moneys paid out for the county, excepting however moneys arising from the sale of lots at county seats, in which case he shall receive no more than two per cent. for both receiving and paying out. SECTION 6. In case of the death, resignation, re- Vacancy, how moval from office, or removal from the county of any county treasurer, or the office becomes otherwise vacant, the board of county commissioners, or a majority thereof, are hereby authorized and required to appoint some suitable person to fill such vacancy.

filled.

merchandize,

paid.

SECTION 7. In all cases where any person is desir- In case or 11ous of vending any species of merchandize in this censes to sell territory which is not the product of said territory, money how it shall be the duty of such person so wishing to vend any such merchandize, to pay to the county treasurer the tax which may be laid on him by the board of county commissioners, under the provisions of the act for assessing and collecting the revenue, and shall take the treasurer's receipt therefor, which receipt such person shall forthwith file with the clerk of the board of commissioners, who shall give such person a permit to sell and vend goods, wares and merchandize until the next regular session of the board of commis

sioners.

SECTION 8. Hereafter it shall be the duty of any shows. person or persons who may intend to exhibit to public view or show, any animal or animals, wax work or other figures, rope or wire dancers, feats of circus riding or slight of hand, for gain, to apply to the treasurer of each county where such exhibition is to be made,

Tavern licenses.

Duties of of

ficers in relation to this act.

and pay the said treasurer not less than five nor more than one hundred dollars, at the discretion of said treasurer, who shall receipt for the same, which receipt shall be forthwith presented to the clerk of the board of commissioners of the proper county, who is hereby required to make out his permit under the seal of the said county, for which such clerk shall be entitled to receive as a fee therefor the sum of one dollar, to be paid by such applicant, which shall be a sufficient voucher for such applicant to show or exhibit such animals, wax work, or otherwise during his stay in such county: provided, that such stay shall not exceed three months; and further provided, that nothing in this act contained shall prevent any board of trustees of any incorporated town, from taxing such exhibitions agreeably to their corporate laws and ordinances passed in pursuance thereof.

SECTION 9.

All taxes arising from tavern licenses or otherwise, shall be paid in to the county treasurer. SECTION 10. All sheriff's, coroners, constables, clerks, county treasurers, collectors, assessors, justices of the peace and county commissioners shall be required, and it is hereby made their duty, to cause to be prosecuted all who may violate the provisions of this act.

SECTION 11. That from and after the organization of the first treasury under this act, all acts or parts of acts coming within the purview of this act are hereby repealed.

Approved December 20, 1837.

Clayton.

No. 6.

AN ACT to establish the boundary lines of the counties of Dubuque, Clayton, Jackson, Benton, Lynn, Jones, Clinton, Johnsen, Scott, Delaware, Buchanan, Cedar, Fayette and Keokuk; and to provide for the location of the seats of justice in said counties, and for other purposes.

SECTION 1. Be it enacted by the council and house of representatives of Wisconsin territory, That the country lying within the following limits, to wit: beginning at the point on the Mississippi river, where the fifth principal meridian intersects the same; thence run

ning south on the said meridian line, to the line. dividing townships ninety and ninety-one north; thence west, along said line to the line dividing ranges six and seven west; thence north, along the said line to the neutral ground; thence along the southern boundary of the said neutral ground to the Mississippi river; thence down the middle of the main channel of the said river to the place of beginning-shall be and the same is hereby constituted a separate county, to be called Clayton; and the seat of justice of said county is located and established at the town of Prairie La Port.

SECTION 2. The whole of the country lying west Fayette. of the Mississippi and north of the southern boundary of the county of Clayton, extending westward to the western boundary of Wisconsin territory and not included within the proper limits of the said county of Clayton, as before described, shall for temporary purposes be attached to, and in all respects be considered a part of the county of Clayton, and be called Favette.

SECTION 3. The boundary lines of the county of Dubuque. Dubuque are hereby established as follows: beginning at a point in the main channel of the Mississippi river, where the fifth principal meridian intersects the same; thence south along the said meridian to the line dividing townships ninety and ninety-one north; thence west with the said line to the line dividing ranges two and three west, thence south along said range line to the line dividing townships eighty-six and eightyseven; thence east along said line to the line dividing ranges two and three east of the sa'd meridian; thence north along said range line to the line dividing townships eighty-seven and eighty-eight north; thence east along said line to the middle of the main channel of the Mississippi river; thence north with the main. channel of said river to the place of beginning; and the seat of justice of said county is hereby established at the town of Dubuque.

SECTION 4. All the country lying within the fol- Delaware. lowing limits, to wit: beginning at the northwest corner of Dubuque county; thence west along the line dividing townships ninety and ninety-one north, to the line dividing ranges six and seven west; thence south along said range line to the line dividing town