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act shall not have force or effect; but it shall be the duty of the governor of the territory to apportion the members of the house of representatives for that portion of the territory which may remain and not be stricken off among the several counties thereof, according to the last census taken and filed in the office of the secretary of the territory.

SECTION 4. Should any vacancies in the council be occasioned by such act of congress as is referred to, in the foregoing section, then in that case the governor of the territory shall apportion the vacancies so occasioned among the several counties of the territory, which may belong to the territory of Wisconsin, after the passage and taking effect of any such act of congress according to population, as ascertained by the said recited census, having reference however in making such apportionment to the present representation in the council which may not be vacated, so as to give the thirteen members of the council among that portion of the territory which may be left as aforesaid, as nearly as may be according to the population. And the members of the council so to be elected, shall hold their office for a term sufficient to make up the term of four years for which the members whose seats are thus vacated were originally elected.

SECTION 5. The governor of the territory shall pro- Notice, by whom claim the apportionment so to be made and the sheriffs given. of the different counties shall give notices of said elections accordingly.

SECTION 6. And be it further enacted, That the election in each of the aforesaid districts shall be conducted in all respects in conformity to the general election law, passed at the last session of this legislative assembly.

Approved June 23, 1838.

No. 19.

AN ACT supplementary to an act to locate and establish a territorial road from the town of White Oak Springs, in Iowa county, to the Blue Mounds in Dane county.

SECTION 1. Be it enacted by the council and house of Postponement representatives of Wisconsin territory, That so much of of the time of the second section of the act to which this is supple

commencement.

mentary, as requires the commissioners therein named to commence their duties on the first Monday of April, after the passage of said act, be and is hereby repealed, and that the said commissioners or a majority of them shall meet and commence their duties on the first Monday of August next. That so much of the fourth section of the above recited act as requires the commissioners therein named to commence their duties on the second Monday of April next after the passage of said act be and is hereby repealed, and that the said commissioners or a majority of them shall meet and commence their duties on the second Monday of August next.

SECTION 2. That all the proceedings of said commissioners or a majority of them shall be as good and legal as if they or a majority of them had met and commenced their duties on the times required by the second and fourth sections of the above recited act. Approved June 23, 1838.

No. 20.

AN ACT to amend an act regulating marriages, approved April 23,

1833.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the duties required to be performed by the clerk of the county or township in reference to marriage licenses, shall be performed by the clerks of the district courts of the respective counties and the clerk of the supreme court for the county of Dane and all returns of marriages shall be made to the clerks aforesaid. Approved June 23, 1838.

No. 21.

AN ACT to locate a territorial road on the east side of the Mississippi river.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That John Nichols, Henry F. Janes, and William Ritterhouse, be

and they are hereby appointed commissioners to locate and establish a territorial road from Janesville, in the county of Rock, by the way of New Mexico and Wyota, in the county of Green to the town of White Oak Springs in the county of Iowa.

SECTION 2. Said commissioners or a majority of them shall meet at Janesville on the second Monday of August next and proceed to the discharge of the duties assigned them by this act and according to the provisions of the general road law, passed at the last session of the legislative Assembly of the territory of Wisconsin.

Approved June 23, 1838.

No. 22.

AN ACT to authorize James Claiborne to keep a ferry across the Mississippi river at the town of Camanche.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That James Claiborne, his heirs and assigns are hereby authorized to establish and keep a ferry across the Mississippi river at the town of Camanche in the county of Clin ton, for the term of ten years: provided the said ferry when so established shall be subject to the same regulations and under the same restrictions as other ferries are or hereafter may be by law of this territory, fixing the rate of tolls, and prescribing the manner in which licensed ferries shall be kept and attended to. Approved June 23, 1838.

No. 23.

AN ACT supplementary to an act to locate and establish a territorial road east of the Mississippi river.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That so much of the second section of the act to which this is supplementary, as requires the commissioners named in the first section of said act, to commence their duties on the first Monday in May next after the passage

Privilege.

of said act, be and is hereby repealed; and that the said commissioners or any of them shall meet and commence their duties on the third Monday of August

next.

SECTION 2. That all the proceedings of said commissioners, or any three of them, shall be as valid and legal as if they or a majority of them had met and commenced their duties on the time required by the second section of the above recited act. Approved June 23, 1838.

No. 24.

AN ACT to annul the marriage contract of Jonathan J. King and
Abigial King, his wife.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the marriage contract entered into by and between Jonathan J. King of the city of Burlington and territory aforesaid, and Abigail King, his wife, be and the same is hereby annulled and made void, and the parties released and discharged from the said contract and from all duties and obligations arising therefrom, as fully and effectually and absolutely as if they never had been joined in marriage.

Approved June 23, 1838.

No. 25.

AN ACT to authorize Alexis Phelps and Stephen S. Phelps to establish a ferry across the Mississippi river opposite the town of Oquawka.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the exclusive right of keeping or causing to be kept a public ferry across the Mississippi river from the west side thereof and within the following described limits, to wit: beginning at a point on the west bank of said river opposite to the south west corner of the town of

Oquawka, and extending thence up said river for a distance of two miles in the county of Des Moines and territory of Wisconsin aforesaid, be and the same is hereby granted to Alexis Phelps and Stephen S. Phelps, their heirs and assigns for the term of twelve years from and after the passage of this act: provided Proviso. that said ferry shall be subject to the same regulations and restrictions as other ferries are or may be hereaf ter by law in this territory fixing the rates of tolls and prescribing the manner in which licensed ferries shall be kept.

SECTION 2. And it shall be the duty of the said Conditions. Alexis Phelps and Stephen S. Phelps to provide within one year from the passage of this act a good and sufficient steam or horse power boat for the transport of persons and property over said river at said place and keep the same in full operation at all practicable seasons of the year until the expiration of the privi leges conferred by this act: provided always, that if Proviso. the said Alexis Phelps and Stephen S. Phelps shall fail at any one time for the space of one year to keep a public ferry at said place in successful operation according to and in compliance with the terms and conditions of this act, then and in that event they shall forfeit all rights and privileges accruing to them from this act.

Approved June 23, 1838.

No. 26.

AN ACT directing the annual session of the legislative assembly of
Wisconsin to be held at Madison, in the county of Dane.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the second section of the act entitled an act to establish the seat of government, &c,, and approved the 3d day of December, 1836, is hereby repealed, and the next annual session of the legislative assembly of Wisconsin territory shall be held at the town of Madison, in the county of Dane.

Approved June 23, 1838.

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