Imagens das páginas
PDF
ePub
[blocks in formation]

Penalty.

Returns where to be filed.

Penalty.

SECTION 2. And be it further enacted, That every deputy or assistant failing to make a proper return or making a false return of the enumeration to the sheriff within the time by this act limited shall forfeit the sum of two hundred dollars.

SECTION 3. And be it further enacted, That the sheriff shall file the several returns aforesaid with the clerk of the district court, who is hereby directed to receive and carefully preserve the same. And the sheriffs of the several counties respectively shall on or before the tenth day of June one thousand eight hundred and thirty-eight, transmit and deliver to the secretary of the territory the aggregate amount of all the inhabitants within their respective counties or districts. And ev ery sheriff failing to file the returns of his deputy or assistants or any of them with the clerks of their respective courts as aforesaid, or failing to return the aggregate amount of all the inhabitants in their respective counties or districts (as the same shall appear from said returns) to the secretary of the territory within the time limited by this act shall for every such offence forfeit the sum of five hundred dollars; all which forfeitures shall be recoverable in the courts of the county or district where the offences shall be committed by action of debt, information or indictment, the one-half thereof to the use of the territory and the other half to the informant, but where the prosecution. shall be first instituted on behalf of the territory, the whole shall accrue to its use. And for the more ef fectual discovery of offences the judges of the several district courts of this territory as aforesaid, at their next session to be held after the expiration of the time allowed for making the returns of the enumeration hereby directed to the secretary of the territory, shall This act to be give this act in charge to the grand juries in their regiven in charge. spective courts and shall cause the returns of the several deputies or assistants to be laid before them for their inspection.

Compensation.

SECTION 4. And be it further enacted, That every sheriff or deputy shall receive at the rate of three dollars for every hundred persons by him returned where such persons reside in the county, and where such persons reside in a city or town containing more than eight hundred persons, such sheriff or deputy shall receive at the rate of one dollar and fifty cents for every

T

three hundred persons; but where from the dispersed situation of the inhabitants in some divisions, three dollars for every one hundred persons shall be insufficient, the sheriff with the approbation of the judge of their respective county or district, may charge such further allowances as shall by such judge be deemed an adequate compensation: provided, the same does not exceed three dollars for every fifty persons by them

returned.

SECTION 5. And be it further enacted, That every person whose usual place of abode shall be in any family within the time limited by this act for taking the enumeration aforesaid shall be returned as of such family; and the names of every person who shall be an inhabitant of any county in this territory, but without a settled place of residence, shall be inserted in the column of the aforesaid schedule which is allotted for the heads of families in that county or district where he or she shall be an inhabitant during the time aforesaid prescribed by this act for taking the enumeration; and every person who may be absent from the territory at the time of taking the enumeration shall be set down by the sheriff as belonging to that place in which he or she usually resides in this territory.

tion.

SECTION 6. And be it further enacted, That each Persons obliged and every person above the age of sixteen whether to give informa heads of families or not belonging to any family with in any county or district made and established within this territory, shall be and hereby is obliged to render to such sheriff, deputy or assistant of the county, a true account (if required) to the best of his or her knowledge, of all and every person belonging to such family on pain of forfeiting twenty dollars, to be sued for and recovered by such sheriff, deputy or assistant, the one-half for his own use and the other half to the use of the territory.

SECTION 7. And be it further enacted, That each sheriff shall, previous to making his returns to the secretary of the territory, cause a correct copy signed by himself, of the schedule containing the number of inhabitants within his county, to be set up at two of the most public places within the same, there to remain for the inspection of all concerned; for each of which copies the said sheriff shall be entitled to receive five dollars: provided, proof of the schedule hav

copies of schedule to be

posted up.

Secretary to furnish instruc

sheriffs.

ing been set up shall be transmitted to the secretary of the territory with the return of the number of persons, and in case any sheriff shall fail to make such proof to the secretary of the territory as aforesaid, he shall forfeit the compensation allowed by this act for the same.

SECTION 8.

And be it further enacted, That the sections, &c. to the retary of the territory shall be and hereby is authorized and required to transmit to the sheriff's of the several organized counties in this territory regulations and instructions pursuant to this act for carrying the same into effect and also the forms contained therein of schedule to be returned.

Approved December 30, 1837.

Claimants to

make applicayear, and how.

tion within one

No. 54.

AN ACT for the partition of the half breed lands, and for other purposes.

WHEREAS, it is expedient, in order to the settlement of that tract of land lying between the Missis sippi and Des Moines rivers, commonly called the "half breed lands," which was reserved for the half breeds of the Sacs and Fox tribes of Indians, by a treaty made at Washington city, between the United States and those tribes, on the fourth of August, 1824, which was released to said halt breeds with power to convey their rights, &c. by act of congress approved the 30th of June, 1834, that the validity of the titles of the claimants should be determined, and partition of said lands among those having claims should be made, or a sale thereof, for the benefit of such valid claimants: Now, therefore,

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That all persons, claiming any interest in said lands under said treaty and act of congress, are hereby required within one year from the passage hereof, to file with the clerk of the district court of the county of Lee, Wisconsin territory, a written notice of their respective claims, designating the half breed under which they respec

tively claim, and the extent of their claims; which notice shall be accompanied with a true copy of all the title papers, and deeds relating to the rights therein set forth.

SECTION 2. The following named persons, to wit: Commissioners. Edward Johnston, Thomas S. Wilson and David Brig. ham are hereby appointed commissioners for the purpose of taking and receiving the testimony concerning the validity of claims, presented and filed, each of whom shall receive six dollars per diem, for each day actually engaged in the discharge of his duties.

SECTION 3. The said commissioners before enter- oath. ing upon their duties, shall take an oath well and faithfully to discharge the same, and on application of any party interested, the court may rule said commissioners to report their proceedings; and upon proof of neglect of duty, or misconduct, the judge of said court may remove any of the said commissioners; in which May be removcase, as on the occasion of the death or resignation of said commissioners or any of them, or in case of a vacancy in said board from any other cause, the gov ernor of the territory shall appoint others to supply the vacancy, who shall be qualified as aforesaid.

ed.

vestigating

claims.

SECTION 4. The said commissioners shall com- Manner of inmence their duties at the town of Montrose, in Lee County, Wisconsin territory, on the first Monday in May 1838; at which time and place they shall proceed to investigate the validity of said claims, in the order in which they have been filed with the clerk of the district court of said county, upon whatever legal evidence, written or oral, that may be produced for and against the same; and the commissioners shall have the testimony so taken reduced to writing. And the clerk of the said district court is hereby required to deliver to the said commissioners all notices, copies of title papers, and documents, filed with him in pursu

ance of the first section of this act.

SECTION 5. The said commissioners shall have au- Commissioners thority to adjourn from time to time, as they, or a ma- may adjonrn. jority of them, shall deem proper and expedient; and

as soon as the testimony for and against the claims. presented shall have been had and obtained, so as to enable the commissioners to report, they shall proceed Must report to to make up a report in writing to the district court of the district the county of Lee, stating therein the names and num

court.

« AnteriorContinuar »