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road as shall be laid out and established in said countr, to be there recorded as aforesaid.

SECTION 5. The said commissioners shall, after the Expenses to be paid by the

completion of the survey of any road, as aforesaid, make out a certified account of all services rendered, as well by the surveyor and other hands, as by them. selves, charging to each county, through which sail road may have been laid, a proportion of the expense, agreeably to the number of days employed therein, and the board of commissioners of said county shall audit

and settle the same. Width of roads. SECTION 6. All territorial roads, authorized to be

laid out by any law of this territory, and not yet commenced, shall be laid out in the manner prescribed in this act; and the commissioners shall comply with all the regulations herein contained; and further, the established width of all territorial roads shall be sixty. six feet.

SECTION 7. When any road shall have been located and established, agreeably to the provisions of this act, the same shall be, and forever remain, a public highway, and shall be opened, and worked, by the counties through which it shall be laid, as county roads are; and no part of the expense of laying out and establishing any territorial road, or of the damages sustained by any person or persons, in consequence of laying out any territorial road, shall be paid out of the territorial treasury.

Approved January 3, 1838.

No. 21.

AN ACT concerning town and county oficers, in the several coun.

ties of Brown, Milwaukee and Racine, and the counties attached to them for judicial purposes.

Number of

SECTION 1. Be it enacted by the council and house of constables to be

representatives of the territory of Wisconsin, That the elected and justices to be people of each town, as provided for in the act estab


Íishing and setting off towns in the several counties of Racine, Milwaukee and Brown, may elect, at the time and place of holding elections for county commissioners, any number of constables, not exceeding


be altered, &c.

three in each town; and there may be appointed three justices of the peace; and in those towns where the seats of justice are placed, there may be four constables elected, and four justices of the peace appointed.

SECTION 2. That there may be elected, in each of supervisors of the towns in the several counties, as many supervisors as are necessary, for superintending, and keeping in repair the public roads, to be determined by the board of commissioners, of the respective counties after their first organization.

SECTION 3. That the county commissioners shall when elected. order an election of supervisors, in their respective counties, as soon after their first session as they can district the several towns, in their respective counties, into road districts; the clection of supervisors shall be conducted as the board of county commissioners may direct

SECTION 4. That the board of county commis- How towns may sioners, are hereby authorized and empowered to alter, amend, or set off any new towns, or locate any of the towns established before the board of commis. sioners, acting for the time being, came into office, on petition being presented, signed by a majority of the qualified voters of such town or towns, applying for the same; and in all cases where application is made as aforesaid, public notice shall be given in one or more newspapers, published in such county, or by posting up three or more notices in the most public places, in the town or towns, so applying, at least thirty days previous to the action of the commissioners on the petition aforesaid.

SECTION 5. After making such new town or towns, Elections in as aforesaid, the board of commissioners, shall estab: new towns. lish polls, and order an election to be holden in such new towns, for the election of constables, and supervisors as aforesaid; and the officers so elected under the provisions of this section, shall hold their office until the next annual election, and until others are duly elected and qualified.

SECTION 6. Be it further enacted, That the first Term of office. elected treasurer, constables, and supervisors respectively, shall continue in office until the close of the annual session of the board of county commissioners in January, A. D. 1839, and until their successors in office are duly elected and qualified, and thereafter


the term of office of the several officers shall expire annually as aforesaid; and the term of office of the county commissioners elected to serve for one year, shall expire at the close of the session aforesaid; the term of office of the one elected to serve for two years, shall expire at the close of the session in January, 1840; and the term of office of the one elected to serve for three years, shall expire at the close of the session in January, A. D. 1841, any other law contravening any of the provisions of this section to the contrary notwithstanding.

Approved Jan. 3, 1838.

No. 22

AN ACT for the relief of the poor.

County commissioners to take


What relatives bound to support.

SECTION 1. Be it enacted by the council and house of charge or pau- representatives of the territory of Wisconsin, That the

board of county commissioners, of the several counties of this territory, shall be, and they are hereby vested, with entire and exclusive superintendence of the poor in their respective counties.

SECTION 2. Every poor person, who shall be unable to earn a livelihood, in consequence of bodily infirmity, idiocy, lunacy, or other unavoidable cause, shall be supported by the father, grandfather, mother, grandmother, children, grandchildren, brothers or sisters, of such poor person, if they or either of them be of sufficient ability; and every person who shall fail or refuse to support his or her father, grandfather, mother, grandmother, child, or grandchild, sister or brother, when directed by the board of county commissioners of the county where such poor person shall te found,

whether such relation reside in the county or not, Under what

shall forfeit and pay to the county commissioners, for penalty. the use of the poor of their county, the sum of fifteen

dollars per month; for which if they or either of them shall fail or refuse so to do, to be recovered in the name of the county commissioners, for the use of the poor as aforesaid, before any justice of the peace, or any court having jurisdiction : provided, that when any

Lo such means

person becomes a pauper, from intemperance, or other bad conduct, they shall not be entitled to support from any relation, except parent or child.

SECTION 3. The children shall be the first called In what order on, to support their parents, if there be children of called upon. sufficient ability. If there be none of sufficient ability the parents of such poor person shall be next called on; and if there be no parents, or children, of suffi. cient ability, the brothers and sisters of such poor person shall be next called on; and if there be no brothers or sisters, the grandchildren of such poor person, shall be called on, and then on the grandparents : providei, married females, whilst their husbands live shall not be liable to a suit. SECTION 4. When


such poor person shall not When there are have any such relatives, in any county in this territory, of reliel. as are named in the preceding sections, or such relative shall not be of sufficient ability, or shall fail, or refuse, to maintain such pauper, then the said pauper, shall receive such relief as his or her case may require, out of the county treasury; and the county commissioners may either make contracts for the necessary maintenance of the poor, or appoint such agents as they may deem necessary to oversee and provide for the same.

SECTION 5. When any minor shall become, or be Minor paupers likely to become, chargeable to the county, either be to be found ap. cause of being an orphan, or because the parents or other relatives as aforesa d, are unable, or refuse to support such minor, it shall be the duty of the county commissioners to bind such minor as an apprentice to some respectable householder of the county, by written indenture, which shall bind such minor, to serve as an apprentice, and shall in all respects be to the tenor and effect as required in the act concerning apprentices.

SECTION 6. When any non-resident, or any other Expenses incurperson, not coming within the definition of a pauper, or non-resident, shall fall sick and die, in any county of this territory, how defrayed. not having money or property, to pay for his board, nursing, and medical aid, it shall be the duty of the overseers of the poor of the proper township, upon complaint being made, to give, or order to be given, such assistance, to such poor person, as they may deem just and necessary; and if said sick person shail

have been a resident for 12 months.

die, then the said overseers shall give, or order to be given, to such person, a decent burial; and the said overseers shall make such allowance for board, nursing, medical aid, or burial expenses, as they shall deem just and equitable, and order the same to be paid out

of the county treasury. Pauper most SECTION 7. Be it further enacted, That when applishow himself to cation is made by any pauper or paupers, to the board

of commissioners of any county in this territory, for relief, it shall be necessary for said commissioners, to require of said pauper or paupers, satisfactory evidence that he, she or they have been residents of said county, for twelve months immediately preceding the day upon which such application is made.

SECTION 8. That when on application made by any pauper, or paupers, to the board of commissioners as aforesaid, it shall appear to the satisfaction of said board, that the person or persons so applying for relief have resided in said county agreeably to the provisions of the foregoing section of this act—he, she or they shall be entitled to all the relief provided by this act; but if on the contrary it shall appear to the satisfaction of said board that said pauper, or paupers, shall not have been residents of said county, agreeably

to the provisions of the seventh section of this act, When pauper to they shall proceed to remove from their county, at the commissioners.

' expense of said county, such pauper or paupers, to the county where said pauper or paupers may have bad his, her or their residence; or may, if they think best,

issue a notice, directed to some constable of the county, Or by constable. which notice said constable shall serve forthwith, on

said pauper or paupers, requiring him, her or them to depart said county forth with ; and after so serving said notice, by reading the same to said pauper or paupers, said constable shall, within five days thereafter, return the same to the clerk of the board of commissioners, issuing the same, noting the time and manner of serving the same thereon.

SECTION 9. After service of such notice as afore. said, no pauper or paupers shall be entitled to relief from such county, any law or custom to the contrary natwithstanding

SECTION 10. The board of county commissioners may build work of any county in this territory, may if they think

proper, cause to be built or procured in their respect


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