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SECTION 2. That no district court or board of within what county commissioners shall authorize any person or sive. limits, exclupersons to establish and keep a ferry within one-half mile immediately above, or immediately below the ferry aforesaid: provided, that the said T. P. Burnett and Upon what conAlexander McGregor shall keep a good and sufficient steam or horse ferry boat, for the transportation of all persons and their property without delay; and provided that said ferry when so established, shall be subject to the same law, and under the same restrictions as other ferries are, or may hereafter be enacted in this territory (or State as the case may be) fixing the rates of toll, and prescribing the manner in which licensed ferries are or shall be hereafter established and attended to. And should the law regulating ferries in any way be violated, and proof thereof be made to the satisfaction of the board of county commissioners of Clayton or Crawford counties, the above charter, if so violated, shall be declared void by said board of county commissioners, and said ferry shall thereafter be disposed of as other ferries are under the law regulat ing ferries: provided also, that nothing in this act shall be so construed as to authorize the said Thomas P. Burnett and Alexander McGregor to interfere with the right of any individual on either side of the Mississippi river.

Approved January 15, 1838.

42.

AN ACT to authorize H. F. Janes to keep a ferry.

ferriage for ten

SECTION 1. Be it enacted by the council and house To have the exof representatives of the territory of Wisconsin, That H. clusive right of F. Janes and his heirs and assigns, be, and they are years. hereby authorized to establish and keep a ferry across Rock river, at Janesville, in Rock county, on section thirty-six, of town three north, of range twelve east, for the term of ten years, from and after the passage of this act; and that no ferry privilege be granted to any other person on the section aforesaid: provided, that the proprietor of said ferry will at all times cross,

free of ferriage, all grand and petit jurors going to and returning from court.

SECTION 2. That said ferry, when so established, shall be subject to the same regulations, and under the same restrictions, as other ferries now are or may be hereafter by law in this territory, fixing the rates of toll, and prescribing the manner in which licensed ferries shall be kept and attended to.

SECTION 3. This act to be in force and take effect from and after its passage.

Approved January 15, 1838.

years.

Conditions.

No. 43.

AN ACT to authorize William Walker and Joseph H. D. Street to keep a ferry.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That William Walker and Joseph H. D. Street, their heirs and assigns, be, and they are hereby authorized to establish and keep a ferry across the Mississippi river at Cassville, in Grant county, and for one-fourth of a mile above and one-fourth of a mile below said town, to the west bank of said river, and for one mile below Charter for ten the mouth of Turkey river, for the term of ten years, from and after the passage of this act: provided, said Walker and Street shall keep or cause to be kept, a good and sufficient horse or steam ferry boat, at the place aforesaid, for the safe conveyance of passengers, horses cattle or hogs, across said stream, without delay; and provided also, that said ferry, when so established, shall be subject to the same laws, and under the same restrictions, as other ferries are or may hereafter be, enacted in this territory, (or state, as the case may be) fixing the rates of toll, and prescribing the manner in which licensed ferries are or shall be hereafter established and attended to. And should the law regulating ferries in any way be violated, and proof thereof be made to the satisfaction of the board of county commissioners of Grant or Dubuque counties, then the above charter, so violated, shall be declared void by

Penalty for vio. lation thereof.

said county commissioners; and said ferry shall thereafter be disposed of as other ferries are under the laws regulating ferries: provided also, that nothing in this act shall be so construed as to interfere with the right that any individual may have to the lands on either side of said river.

Approved January 15, 1838.

No. 44.

AN ACT to incorporate the Dubuque seminary.

of the corpora

SECTION 1. Be it enacted by the council and house of Name, duration representatives of the territory of Wisconsin, That there and capabilities shall be established at the town of Dubuque, in Du- tion. buque county, a seminary of learning, for the instruction of young persons of both sexes in science and literature, to be called "the Dubuque seminary," and that A. P. Dorimier, Ezekiel Lockwood, Jos. T. Fales, Patrick Quigley, Benjamin Ruport, Thomas S. Wilson and Lucius H. Langworthy, and their associates be and they are hereby enacted a body corporate and politic, by the name and style of "the Dubuque seminary;" by which name they shall have perpetual succession, and power to acquire, purchase, receive, possess, hold, retain and enjoy, to themselves and their successors, property, real, personal and mixed, and the same to sell, grant, convey, rent or otherwise dispose of at pleasure. And they shall by said corporate name have power to contract, and be contracted with, sue and be sued, plead and be impleaded, in all courts of justice; and they shall have and use a common seal, with power to alter the same at pleasure.

SECTION 2. The stock of said seminary shall con- Capital stock. sist of shares of ten dollars each, which shall be deemed personal property, and shall be transferable on the the books of said corporation, in such manner as may be prescribed by the board of trustees hereafter men

tioned: provided, that the annual income of said cor- Income limited. poration (not including tuition, however) shall not exceed the sum of one thousand dollars, and that its funds, privileges and immunities, shall be used for no other purpose than that of education.

Trustees.

elected.

SECTION 3. The corporate concerns of said semina. ry shall be managed by a board of trustees, consisting of nine members, five of whom shall constitute a quorum for the transaction of business. They shall be How and when elected by the stockholders, on the first Monday in April annually, and shall hold their offices for the term of one year, and until their successors are duly elected. The election of trustees shall be by ballot, and each stockholder shall be entitled to one vote for every share by him owned, to the amount of ten shares, and then to one vote for every five shares over and above that amount. Any stockholder may vote in person or by proxy. Said trustees shall elect one of their number to be president of their board, and they shall have power to fill all vacancies in their own body. If any election shall not be made on the day designated by this act, such election may be held on any other day: provided, a notice of the time and place of holding such election, signed by three of the stockholders, be first published, for two suceessive weeks, in some newspaper in said town.

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SECTION 4. The board of trustees shall have pow er to appoint subordinate officers and agents; to make, ordain and establish all such ordinances, by-laws, rules and regulations, as they may deem necessary for the good government of said seminary, its officers, servants, teachers and pupils; and for the management of the property and affairs of the said corporation, to the best advantage: provided, they shall not contravene the constitution of the United States, or the laws of this Territory.

SECTION 5. That all deeds, and other instruments of conveyance, shall be made by order of the trustees -sealed with the seal of said corporation-signed by the president, and by him acknowledged in his official capacity in order to ensure their validity.

SECTION 6. That any future legislature shall have power to alter or amend this act.

Approved January 15, 1838.

No. 45.

AN ACT to divorce Martha Newton from her husband, John C.
Newton.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the bonds of matrimony, now existing between Martha Newton, and her husband, John C. Newton, are hereby made null and void, to all intents and purposes, as if the said parties had never been married.

SECTION 2. The said Martha Newton shall enjoy and possess, all and singular, the rights and privileges of a femme sole, and shall have the entire control and management of her child, Charles C. Newton, in all respects whatever.

Approved January 15, 1838.

No. 46.

AN ACT to authorize the boards of county commissioners of the several counties in this Territory to borrow money for the purpose of erecting court houses and jails.

for what pur

SECTION 1. Be it enacted by the council and house of Counties may representatives of the territory of Wisconsin, That the borrow money boards of county commissioners, of the several coun- poses. ties in this territory, be, and they are hereby authorized to borrow, on the credit of their respective counties, at any interest not exceeding seven per centum per annum, such sum or sums of money as may be necessary for the erection, at the county seats of the several counties, a court house, jail, and fire proof of fices; which buildings shall be erected under the superintendence of the board of county commissioners of the respective counties.

the lean.

SECTION 2. Be it further enacted, That the money Conditions of so borrowed shall be redeemable at any time not exceeding fifteen years, (as the parties may agree upon at the time of the borrowing of any such money) from the receipt of said money, and shall be paid out of any moneys in the treasuries of the respective counties, not TER LAWS-15

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