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Charter, when in force and how forfeited.

be altered or amended as to make it conform to such a safety fund system, and no further.

SECTION 22. That this act shall take effect and be in force from and after the first Monday of May next, and that if said corporation shall fail to go into operation, or shall abuse or misuse their privilege under this charter, it shall be in the power of the legislative assembly of this territory, at any time to annul and vacate and make void this charter.

P. H. ENGLE,

Speaker of the house of representatives.
HENRY S. BAIRD,

Approved, Nov. 30, 1836.

President of the council.

H. DODGE.

Assessment and collection of taxes.

township.

No. 16.

AN ACT to amend the several acts hereinafter mentioned, to wit: an act, entitled an act relative to the duties and privileges of townships, approved 17th of April, 1833, also an act, entitled an act to provide for the assessment and collection of township and county taxes, approved 22d April 1833, also an act, entitled an act to provide for the defraying of the public and necessary expenses in the respective counties of this territory and for other purposes, approved March 6th, 1833, also an act, entitled an act to regulate highways, approved April 17th, 1838.

SECTION 1. Be it enacted by the council and house of reprsesentatives of the territory of Wisconsin, That each county within this territory now organized or that may be hereafter organized, be and the same is hereby Each county a declared one township, for all the purposes of carrying into effect the above recited acts, and that there shall be elected at the annual town meeting in each county. three supervisors, who shall perform, in addition to the duties heretofore assigned them as a county board, the duties heretofore performed by the township board.

Three supervisors.

Township clerk

SECTION 2. There shall also be elected in each for supervisors. county, one township clerk, who shall in addition to the duties heretofore performed by him, perform the duties of clerk to the board of supervisors.

SECTION 3. Be it further enacted, That section eight Road tax.
of the act, entitled an act to regulate highways, ap-
proved April 17th, 1833, is hereby so far amended
that no person who shall be assessed to work any
number of days on any highway, shall be allowed to
commute for the same at a less sum than one dollar
and twenty-five cents for each day he shall be so as-
sessed.

P. H. ENGLE,
Speaker of the house of representatives.
HENRY S. BAIRD,

President of the council.
H. DODGE.

Approved Dec. 6, 1836.

No. 17.

AN ACT to incorporate the inhabitants of such towns as wish to be incorporated.

300 inhabitants.

SECTION 1. Be it enacted by the council and house of Towns, how inrepresentatives of the territory of Wisconsin, That when- corporated. ever the white male inhabitants over the age of twentyone years, being residents of any town or village of any number of dwellings situated contiguous and convenient for such purpose in this territory, containing not less than three hundred persons, shall wish to become incorporated for the better regulation of their internal police, it shall be lawful for the said residents who may have resided six months therein, to assemble themselves together in public meeting at the courthouse or other place in said town, and when so assembled, they may proceed to choose a president and clerk of the meeting from among themselves, both of whom shall be sworn or affirmed by any person authorized to administer oaths, faithfully to discharge the trust reposed in them as president and clerk of said meeting provided, however, that at least ten days' public notice of the time and place of holding said meeting shall have been given in some public newspaper, or by setting up public advertisment at the most public place in such town.

TER. LAWS-5.

Residents decide by viva Voce vote.

How trustees appointed.

How president of board of trustees appointed.

rate.

SECTION 2. The residents of any town aforesaid, having assembled as directed in the first section of this act, may proceed to decide by vote, viva voce, whether they will be incorporated or not, and the president and clerk, after their votes are given in, shall certify under their hands the number of votes in favor of being incorporated, and the number against being incorporated; and if it shall appear that twothirds of the votes taken are in favor of being incorporated, the president and clerk shall deliver a certificate of the statement of the poll to the board of trustees to be elected as hereafter provided.

SECTION 3. Whenever the qualified voters under this act, of any town, shall have decided in the manner herein provided that they wish to be incorporated, it shall be the duty of the clerk of the meeting at which they may so decide, to give at least five days' public notice to the said voters to assemble at the place of holding county elections in such town, on a day to be named in such notice, to elect by ballot, five residents of such town for trustees of the same, who shall hold their office for one year and until other trustees are chosen and qualified, at which first election the president and clerk of the first meeting shall preside, or in case of the absence of either of them, some suitable person shall be appointed by the electors present to fill such vacancies; and at every succeeding election for president and trustees, they shall direct the manner in which the same shall be conducted.

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SECTION 4. The board of trustees of any town, elected agreebly to the provisions of the act, shall choose a president out of their own body, and the president and trustees aforesaid and their successors in office shall thenceforth be considered in law and A body corpo equity a body corporate and politic, by the name and style of the president and trustees of the town of —— and by such name and style be forever able and capapable in law and equity to sue and be sued, to plead and be impleaded, to answer and be answered, and to and privileges. defend in all matters of suits, pleas, causes and demands of whatsoever kind or nature they may be, in as full a manner as any person or persons, bodies politic or corporate, can or may do, and may have a common seal, and may alter the same at pleasure. The said

Their powers

president and trustees shall require their clerk to keep a fair journal and record of all their proceedings, and record all by-laws and ordinances which they may make, in a book to be provided for that purpose. The board of trustees, when duly organized, shall also choose a town treasurer, who shall hold his office for a town treasthe term of one year, or until another shall be duly chosen and qualified. The treasurer shall be required

urer.

to give bond with good sureties for the safe keeping Bond and secuof the monies entrusted to him, and for the paying rity. over the same upon the requisitions of the board of

trustees.

extent and how

SECTION 5. The president and trustees, or a ma- Laws and ordijority of them, of any town incorporated as heretofore nances, to what directed, shall have power to make, ordain and estab- made. lish and execute such ordinances in writing, not inconsistent with the constitution and laws of the United States and of this territory, as they shall deem necessary, to prevent and remove nuisances, to restrain and prohibit gambling or other disorderly conduct, and to prevent the running of and indecent exhibitions of horses within the bounds of such town; to provide for the licensing of public shows, to regulate and establish markets, to open ditches, and to provide for drawing off water, to sink and keep in repair public wells, to keep open and in repair the streets and alleys of such towns, by making pavements or side-walks, or other improvements over the same as to them may seem needful: provided, always, that the lot in front of which any side-walk is made shall be taxed to pay at least one-half of the expenses of making such sidewalk; the said president and trustees shall also have the power to provide such means as they may deem necessary to protect such towns from injuries by fire; and for the purpose of carrying the aforesaid powers into effect, the said president and trustees shall have the power to define the boundaries of such town, provided, that the same shall not exceed two miles square, and to levy and collect annually a tax on the real estate in such town not exceeding fifty cents on every hundred dollars of assessment valuation thereof, and also on all personal property in such town, not exceeding twenty-five cents on every hundred dollars of assessment valuation thereof.

SECTION 6. It shall be the duty of the said presi

and roads of

said town, how regulated.

Streets, alleys dent and trustees to cause all the streets and alleys of such town, and the public roads passing from and through such town for one mile from the centre thereof, to be kept in good repair, and to this end they are authorized to require every male resident of such town, over the age of twenty-one and under sixty years, to labor on said streets, allies and roads, at least two days in each and every year, or to pay instead thereof one dollar per day, and if such labor be insufficient, to appropriate so much of the tax levied on real estate, and of the tax levied on personal property as may be necessary to keep said streets, allies and roads in repair, and also to appoint and prescribe the duty of all such officers of such town as they may deem necessary to carry into effect the foregoing powers. The collectors of the corporation tax and the treasurer shall severally give bond made payable to the president, trustees, and their successors in office, with good and sufficient securities, in such sum as may by said president and trustees be deemed advisable, and a clause shall be inserted that if at any time additional security be required, the same shall be given, the condition of which bond shall be that the officers shall faithfully perform the duties of their office, and said officers shall remain in office one year (unless sooner removed,) and until others have given bond as herein named.

Collectors of town tax.

Qualification & term of office.

trustees.

elected.

SECTION 7. The said president and trustees elected under this act shall continue in office for one year, and until their successors in office shall be elected and qualified; and it shall be their duty, before their time Term of office of expires, to give at least ten days' public notice to the qualified voters under this act, to meet at such place Successors how as they may name in such town, and elect a new board of president and trustees for said town, and all vacanVacancies how cies which may happen in said board by resignation or otherwise, before their time of office expires, shall be filled by the other members of the board. The proceedings of said meeting shall always be public, and all their ordinances, before taking effect, shall be published for at least ten days in a newspaper of such town, or by setting up copies of the same in three of the most public places in such town. A majority of said board shall constitute a quorum.

supplied.

A quorum.

SECTION 8. All monies arising from the collection

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