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their acts, so far as they are conformable to law, otherwise are hereby declared to be valid from the time of their election and qualification. But at the general election on the first Monday in August next, votes shall be received for three county commissioners, and the person having the highest number of votes shall serve three years, the next highest two years, and the third highest one year, from the day of said election.

ed to Van Buren

county.

SECTION 5. All the territory lying west of the Country attachcounty of Van Buren, east of the Missouri river, and not included within the limits of any other county, is hereby attached to the county of Van Buren for judicial purposes.

Approved, June 22, 1838.

NO. 8.

AN ACT to establish a ferry across the Mississippi river in the county of Muscatine, in this territory.

SECTION 1. Be it enacted by the council and house of James Cham representatives of Wisconsin territory, That James Cham- bers' ferry. bers, his heirs and assigns, are hereby authorized to establish and keep, or cause to be established and kept, a ferry across the Mississippi river at his residence in Muscatine county, with the exclusive privilege to the same, commencing where the fifth principal meridian strikes the Mississippi river in township seventy-seven north, and thence down said river one half of a mile and up said river from the starting point one half of a mile, for the term of twelve years: provided, that the said James Chambers, his heirs or assigns, shall be subject to all the laws now in force or that shall be in force in said territory in relation to ferries.

boat.

SECTION 2. And be it further enacted, That the said To keep a steam James Chambers his heirs or assigns, keep or cause to or horse ferry be kept within one year, at the place aforesaid a good and sufficient boat or boats to be propelled by horse or steam power, for the safe conveyance of passengers across said river without delay.

Approved June 22, 1838.

How lands may

fray present expenses.

No. 9.

AN ACT supplementary to an act entitled an act for the partition of the half breed lands, and for other purposes.

SECTION 1. Be it enacted by the council and house of be sold to de- representatives of the territory of Wisconsin, That the commissioners of sale appointed by the twelfth section of the act, to which this is a supplement, or a majori ty of them, and their successors in office or a majority of them, may, at any time, apply by petition to the judge of the district court of the county of Lee, in term time, or in vacation, for the sale of portions of the said half breed tract for the purpose of paying the expenses of the commissioners, and expose at public sale, according to the provisions of the act, such portion of said tract, to be designated by his order, as may seem to be required for the purpose of defraying such expenses; and the said commissioners are hereby invested with powers, with regard to the lands to be sold as aforesaid, as are given them generally by the provisions of said act.

Claimant to

SECTION 2. Before any claim shall be examined by enter into bond. the commissioners appointed under the said recited act, the claimant, his agent or attorney, shall enter into a bond in a penalty to be prescribed by the clerk of the district court of Lee county, conditional for the payment of all costs that may accrue in consequence of said claim being made, in case said claim should be unsuccessful; and non-resident claimants shall give one or more good securities, to be included in their bond, and to be approved of by the said clerk, said bonds to be made payable to the commissioners of sale, and to be filed with the clerk of the district court of the county of Lee aforesaid.

When justice of

take depositions.

SECTION 3. That when any witness necessary in the the peace may investigation of any half breed claim depending be fore the commissioners appointed under the second section of the above recited acts, shall live within the territory, and at a greater distance than fifty miles from Montrose, in Lee county, or is going out of the territory before the time of the investigation of said claim, or by reason of age, sickness, or other bodily infirmity, is rendered incapable of appearing before said commissioners, in that case, any justice of the peace of

this territory, shall, within his proper county, be and
hereby is empowered to take the deposition of such
witness and transmit the same to the commissioners
aforesaid provided, that notice by the party requiring Proviso.
such deposition, be first made out and published for
five successive weeks, before the time of taking such
deposition, in some newspaper published in the coun-
ty where the half breed lands lie, if there be any pa-
per published in said county, if not, then in some pa-
per published in the nearest county thereto in the ter-
itory, in which notice shall be specified, the name or
names of such witness or witnesses, and the time, place
of taking such deposition, so that other parties inter-
ested may attend at the taking of the same, and cross
examine such witness or witnesses if they think
proper.

SECTION 4. That the figures 1824 in the eighth line of the ninth section of the act of which this is a supplement, be stricken out, and the figures 1827 inserted in lieu thereof.

Approved June 22, 1838.

No. 10.

AN ACT organizing the county of Johnson and establishing the seat of justice of said county.

SECTION 1. Be it enacted by the council and house of When organrepresentatives of the territory of Wisconsin, That the ized." county of Johnson be, and the same is hereby organized from and after the fourth day of July next, and the inhabitants of said county be entitled to all the rights and privileges to which by law the inhabitants of other organized counties of this territory are enti tled to. And the said county shall continue to be a part of the second judicial district, and a district court shall be held at the town of Napoleon the seat seat of justice. of justice, at the court house, or such other place as may be provided. Two terms of the said district Terms of court. shall be held annually after the arganization of said county, to wit: on the second Monday of August, and December; and the several acts concerning the district

courts of said Wisconsin territory shall be and they are hereby made applicable to the district court of Johnson county. And the county of Keokuk shall be and is hereby attached to the said county of Johnson for judicial purposes.

Approved June 22, 1838.

Time of com. mencement

postponed.

No. 11.

AN ACT to amend an act entitled an act, to incorporate the Root river railroad company.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That so much of the third section of an act, entitled an act to incorporate the Root river railroad company, as makes it necessary to commence said work by the fourth day of July next, is hereby repealed, and the term for commencing said railroad shall be extended one year from and after the fourth day of July next.

Approved June 22, 1838.

Bonds, how given, &c.

No. 12.

AN ACT to provide for taking the official bonds of auctioneers and for other purposes.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That so much of the act passed by the legislative council of the territory of Michigan, entitled "an act to prescribe the tenure of office of auctioneers, and to levy a duty upon sales at auction in certain cases," approved April 23, 1833, as relates to the manner in which auctioneers shall enter into their official bonds, is hereby repealed. Such bonds shall be given to the county commissioners of the respective counties, who shall decide as to the sufficiency of the securities thereon; they shall then be filed with the clerk of the board of county commissioners. In case of a breach of the conditions

thereof, suit may be brought in the names of the county commissioners aforesaid, and the amount recovered shall be appropriated to the use of the respective counties.

transferred.

SECTION 2. And be it enacted, That where by law, County clerks' the clerk of the county court or the township clerk is duty to whom now authorized or required to perform any official act, such power or duty shall hereafter devolve upon the clerk of the board of county commissioners. Approved June 22, 1838.

No. 13.

AN ACT to locate the seat of justice of Cedar county.

ers, when and

SECTION 1. Be it enacted by the council and house of Commissionrepresentatives of the territory of Wisconsin, That the how appointed. county commissioners for Cedar county are hereby authorized to raise by tax or by donation the sum of two hundred dollars, to defray the expenses of locating the permanent seat of justice for said county, and so soon as the said sum is collected and paid into the county treasury, the county commissioners shall certify the same to the governor of the territory, who shall thereupon appoint three commissioners, neither of whom shall be a resident of the county of Cedar nor of any of the adjoining counties.

SECTION 2. The commissioners so appointed, shall, within ten days after their appointment, notify the governor of their acceptance or non-acceptance of the appointment, and in case of non-acceptance the governor shall appoint others to fill such vacancy.

SECTION 3. The commissioners shall, on the first To locate the Monday of September next, meet at the town of seat of justice. Rochester, in Cedar county, and proceed forthwith to . examine and locate a suitable place for the seat of justice for said county, having particular reference to the health, conveniences, and future prosperity of the inhabitants of the said county of Cedar.

SECTION 4. The commissioners shall, within ten And make days after their first meeting at the aforesaid town of returns. Rochester, make out and certify to the governor of the

TER. LAWS-35

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