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at the time such lands were donated to said corporation, the said corporation shall sell, to such settler or settlers, the lands so settled upon-one quarter of a section, or one hundred and sixty acres each, (comprehending the improvements of such settlers,) at one dollar and twenty five cents per acre provided that the settler as before named, shall pay the said corporation for the same, within ninety days from the time. the said corporation shall make a demand for said payment; and a failure to comply with the foregoing provisions of this section, on the part of said corporation, shall be considered a forfeiture of their charter, and the same shall be null and void.

Approved January 5, 1838.

No. 24.

AN ACT to establish a territorial road, from Bloomington in Muscatine county, to the forty mile point, on Cedar river.

SECTION 1. Be it enacted by the council and house of Location of the representatives of the territory of Wisconsin, That Robert road. Baneford, John Vanetia and John Blaycock, be, and they are hereby appointed commissioners to view, make and locate a territorial road from Bloomington in Muscatine county, thence the nearest and best way to the town of Geneva, thence the nearest and best route to Moscow, thence the nearest and best route to the town of Rochester, thence the nearest and best route to the forty mile point on Cedar river.

SECTION 2. Šaid commissioners shall meet in the When and how town of Bloomington, aforesaid, on the first Monday laid out. in May next, or within one month thereafter, and shall proceed to the discharge of their duties under this act by blazing trees in the timber, and by setting stakes in the prairies, at a reasonable distance apart.

SECTION 3. Said commissioners shall make a map. and report of so much of said road as lies in Muscatine county and file the same with the clerk of the board of county commissioners of said county, and also a map and report of so much of said road as lies in Cedar county with the clerk of the board of the county commissioners of the said county.

SECTION 4. Said road when so located according to the above act shall be a territorial road, and the same shall be opened and kept in repair as other county roads are.

SECTION 5. Said commissioners shall receive for their services such compensation as the board of county commissioners may deem reasonable and just, to be paid by each county in proportion to the extent of road so located in said county.

Approved January 8, 1838.

road.

No. 25.

AN ACT to locate and establish a territorial road, from Dubuque to A. Bankston's.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That Jos. T. Fales, John Paul and Andrew Bankston, be, and they are hereby appointed commissioners to lay out and Location of the establish a territorial road, as follows, to wit: beginning at the town of Dubuque, in Dubuque county, thence the nearest and best way to Whiteside's mill, on little Maquoketa, thence the nearest and best way to Andrew Bankston, on the head waters of little Maquoketa, thence the nearest and best way to the settlement westward therefrom, in the county of Dela

When to be laid out.

Compensation

ware.

SECTION 2. The said commissioners, or a majority of them, may meet at the house of John Paul, in the county of Dubuque, on the second Monday in April next, in pursuance of their duties under this act, and proceed so soon thereafter as may be, to lay out and establish said road.

SECTION 3. Said commissioners shall be allowed. of commission- the sum of two dollars and fifty cents per day for their services, while actually employed in the discharge of their duties.

ers.

SECTION 4. It shall be the duty of the board of county commissioners, of Dubuque county, to audit and allow the accounts of said commissioners; and no part of said expense shall be paid out of the territorial treasury.

SECTION 5. Said commissioners shall make out a report of their doings, under this act, as soon as practicable after the completion of said road, with the probable expense of working and clearing out the same, and shall furnish the clerk of the board of county commissioners of Dubuque county, with a copy of the

same.

SECTION 6. After the road as aforesaid shall be established, agreeably to this act, it shall forever be and remain a territorial road.

SECTION 7. Said commissioners before entering upon their duties, shall severally take an oath faithfully to discharge their duties under this act. Approved January 8, 1838.

No. 26.

AN ACT to authorize the several counties in this territory, to hold and convey real estate, to sue and be sued, and for other purposes.

SECTION 1. Be it enacted by the council and house of Counties may representatives of the territory of Wisconsin, That all hold real estate. deeds, grants and conveyances heretofore made, or which shall hereafter be made and duly acknowledged and recorded, as other deeds conveying any. lands, tenements or hereditaments to any county, or the inhabitants of any county, and their successors, or to the county commissioners, or to the governor or to any other person or persons, by whatever form of conveyance, for the use and benefit of any county, shall be good and valid to all intents and purposes, to vest in such county in fee simple or otherwise all such right, title, interest and estate as the grantor or grantors in any such deed or conveyance, had at the time of the execution thereof, in the lands conveyed, and was intended thereby to be conveyed.

SECTION 2. The county commissioners may by And convey; the their order to be entered on their records, appoint a same. commissioner to sell and dispose of any real estate of their county; and the deed of such commissioner under his proper hand and seal for and in behalf of such county, duly acknowledged and recorded, shall be TER LAWS-13.

May hold choses in action.

sufficient to all intents and purposes, to convey to the purchaser or purchasers, all the right, title, interest and estate whatever which the county may then have in and to the premises so to be conveyed.

SECTION 3. All notes, bills, bonds, contracts, covenants, agreements or writings, made or to be made, whereby any person or persons, is, are, or shall be bound, to any county or the inhabitants thereof, or the county commissioners, or to the governor, or any person or persons, in whatever form, for the payment of money, or any debt or duty, or the performance of any matter or thing, to the use of the county, shall be valid and effectual to all intents and purposes, to vest in the said county, all the rights, interests and actions which would be vested in any individual, if any such And enforce the contract had been made directly to him. Suits may be commenced, sued or prosecuted thereon in the name of the said county, as is provided in the first section of this act, or in the name of the persons to whom they are made, to the use of the county, as fully and effectually, to all intents and purposes, as any person may or can upon like notes, bills, bonds, contræets, agreements or writings, made to him.

payment thereof.

Contracts how made.

Actions by or against counties, where brought.

SECTION 4. The county commissioners may ap point an agent or agents to make any contract or contracts on behalf of such county, for erecting any county buildings, or for any other purpose authorized by law. The contracts of such agent or agents duly executed for and on behalf of such county, shall be valid to all intents and purposes.

SECTION 5. All actions, local or transitory, against any county may be commenced and prosecuted to final judgment and execution in the district court of the county against which the action is brought. Any action, local or transitory, in which any county shall be plaintiff may be commenced and prosecuted to final judgment in the county in which the defendant in such action resides. When any action shall be commenced against any county, a copy of the summons shall be left with the clerk of the board of commissioners either during their session or so that a term of said session shall intervene between the day of leaving a copy of such summons and the return day thereof. There shall always be ten days between the service and return of every such summons, in all actions

brought by or against every county. The inhabitants The inhabitants of the county so suing, or being sued, may be jurors may be jurors. or witnesses if otherwise competent or qualified ac

cording to law.

SECTION 6. And be it further enacted, That from and Repealing after the first organization of the board of commission- clause. ers in the several counties in this territory, all acts and parts of acts contravening any of the provisions of this act are hereby repealed: provided, that this act shall not affect any contract or right which may have accrued to, or against any county before the passage of this act. And all actions and suits shall be conducted in the same manner to final judgment on the said rights and contracts, as if this act had not been passed.

Approved Jan. 8, 1838.

No. 27.

AN ACT to make valid the location of a road from Racine to Janesville, Rock county.

SECTION 1. WHEREAS, At the last session of the legislative assembly convened at Belmont, a bill was introduced and passed the council and house of representatives, for locating and establishing a territorial road from Racine on lake Michigan, to the Mississippi river, passing through Mount Pleasant, Rochester on Fox river, and Janesville on Rock river, Elisha Smith, Bushnell B. Cary, and Palmer Gardner, being appointed commissioners in part for laying out said road, and the said commissioners believing that the said bill had received the signature of the executive and had become a law, proceeded to lay out, survey, make and establish said road from Racine to Janesville agreeable to the foregoing specification,

Therefore, be it enacted by the council and house of representatives of the territory of Wisconsin, That the said road be and the same is hereby established, agreeable to the route as laid out by said commissioners: provided, that nothing herein contained shall be so construed, as to prevent a second survey and location of

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