of said act, be and is hereby repealed; and that the said commissioners or any of them shall meet and commence their duties on the third Monday of August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

Privilege.

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 privileges 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.

No. 27.

AN ACT extending the time limited to David James for the establishment of a ferry across the Mississippi river.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the term of one year, by which David James, his heirs and assigns, were limited for the procuring of a boat for the ferry over the Mississippi river, at the town of Burlington, be extended twelve months, so as to allow twenty-four months from the time of the passage of the act granting the privilege. Approved June 23, 1838.

County seat to be voted for.

Qualification of

voters.

Returns.

No. 28.

AN ACT to establish the seat of justice of Scott county.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That for the purpose of permanently establishing the seat of justice of Scott county, a poll shall be opened at each precinct in said county, at the general election on the first Monday of August next, for the purpose of deciding whether the town of Davenport or the town of Rockingham, shall be the seat of justice for said county, and the ballots received for the seat of justice shall be upon a separate paper, and deposited in a separate box from the other ballots received at said. election, and a separate poll list shall be kept.

SECTION 2. Any person shall be entitled to vote for the seat of justice for said county, at said election, who is a free white male citizen, of lawful age, and a resident of the county, and who shall have resided in the county at least sixty days preceding the said election.

SECTION 3. Returns of said election for county seat, together with the ballots and poll list, shall be made within twenty days after the said election, to to the sheriff of the county of Du Buque, who shall, in company with the county commissioners or any two of them, proceed to examine said returns, and on

being satisfied that any one of the places named has a greater number of votes than the other, the town having the greatest number of votes polled, shall be thenceforward the seat of justice of Scott county, and minute thereof shall be made in the proceedings of said board of county commissioners for Du Buque county.

SECTION 4. In case of a tie in the election afore. In case of a tie. said, it shall be the duty of the sheriff of Du Buque county to notify the sheriff of Scott county of the same, who shall thereupon give ten days' notice to the qualified electors aforesaid, that another election shall be had, stating the time and place of such election, and the same proceedings shall be had as in the fore going section of this act

SECTION 5. Until the seat of justice of Scott county Return of proshall be established as herein provided, all writs and cess, &c. process, which by law are to be returned to the district courts of said county, shall be valid if made returnable to said court on the first day of the next term without specifying the place, and all parties, witnesses, jurors, and other persons required to appear before the said court at the said term shall appear at the place where the seat of justice of said county may be established according to the provisions hereof.

SECTION 6. Any person voting at said election who Penalty for is not a qualified elector according to the provisions of illegal voting. this act, and the general election laws of this territory, shall on conviction thereof before any tribunal having jurisdiction, be fined in a sum not less than one hundred nor. more than five hundred dollars. All acts and parts of acts contravening the provisions of this act are hereby repealed.

Approved June 23, 1838.

No. 29.

AN ACT to locate a territorial road in Grant and Iowa counties.

mont.

SECTION 1. Be it enacted by the council and house Road from of representatives of Wisconsin territory, That Jona- Oceola to Belthan Craig, William Davidson and Stewart McKee, are hereby appointed commissioners to locate and establish a territorial road from Oceola, in the county of Grant, to Belmont in the county of Iowa, by the

Expenses.

Road from Mineral Point to Galena.

way of Plattville. The commissioners or a majority of them shall meet at Plattville on or before the first Monday of August next, and proceed to the discharge of the duties assigned them by this act according to the provisions of the act regulating the mode of laying out territorial roads passed at the last session of the legislative assembly.

SECTION 2. The county commissioners of the counties of Grant and Iowa, shall audit and pay the expenses in their respective proportion to the amount of the road laid out in each. The commissioner shall receive each three dollars per day for the time necessarily employed in the discharge of the duties assigned them by this act.

SECTION 3. And it is further enacted, That Lewis Curtis, Wm. J. Madden and George W. Hickok be, and are hereby appointed commissioners to locate and establish a territorial road from Mineral Point through Elk Grove to the state line of Illinois on the most direct and eligible route to Galena, and again commencing at Mineral Point and running eastwardly to intersect the military road leading from Prairie du Chien to Green Bay at or near the Blue Mounds. That RobPoint to Helena. ert C. Hoard, John Messersmith, sen., and Henry L.

From Mineral

To Savannah.

Dodge be, and are hereby appointed commissioners to locate and establish a territorial road from Mineral Point through Dodgeville to Helena on the Wisconsin river, and that Charles F. Legate, Henry M. Billings and Cancil Moore be, and are hereby appointed commissioners to locate and establish a territorial road from Mineral Point through Diamond Grove to Savannah on the Wisconsion river by the most eligible route. The commissioners or a majority of them shall meet at Mineral Point in the county of Iowa on or before the first Monday of August next and proceed to the discharge of the duties assigned them by this act, according to the provisions of the act regulating the mode of laying out territorial roads passed at the last session of the legislative assembly. And the county commissioners of the counties of Iowa and Dane shall audit and pay the expenses in their respective proportion to the amount of the road laid out in each, allowing the commissioners so employed each three dollars per day for the time necessarily employed in the discharge of the duties assigned them by this act.