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Within what time to construct road.

Duties of company.

Toll may be limited.

When charter may be annulled.

Powers of company.

SECTION 3. The said company shall, within five years after the passage of this act, construct and complete a railroad, from, at, or near Ball's mill, on Root river, to the head of the lower rapids on said river, and said company shall have the privilege of extending said railroad to the town of Racine, and up said river, the whole road not to exceed ten miles in length, with power to transport, take or carry property and persons upon the same, by the power and force of steam or animals, or of any mechanical or other power, or of any combination of them, and if said company shall not commence said road on or before the fourth day of July next, and finish it within the time herein specified, the said company shall forfeit all their privileges given by this act.

SECTION 4. It shall be the duty of the president and directors of said company at all times to keep said railroad in good repair and furnished with cars to carry persons, transport goods and merchandize, or any freight that may be offered.

SECTION 5. It shall be in the power of the legisla tive assembly to limit the toll and terms of freight on the aforesaid railroad, should they deem it proper, at any time hereafter. SECTION 6. It shall be in the power of the legisla tive assembly of this territory, if the said company shall not prosecute the said work, or should misuse or abuse their privilege, any time to annul and destroy the charter hereby granted; it shall and may be lawful for the said company, their officers, engineers and agents, to enter upon any lands for the purpose of exploring, surveying and locating said route of the said railroad, doing thereto no unnecessary damage; and when the said route shall be determined by the said company, it shall be lawful for them, their agents, officers, engineers, contractors and servants, and at any time, to enter upon, take possession and use such lands; and also to take from any land in the neighborhood, gravel and stone, for the purpose of constructing and maintainieg such railroad, subject, however, to such compensations as the said company may have agreed to pay therefor, or as shall be ascertained in manner hereinafter respectively directed: provided, that the said corporation shall not in their corporate capacity, hold, purchase, deal in, or speculate in any lands with

fixed.

in this territory other than on the land on which said road shall run, and which may be actually necessary for the construction of said road. When the said company cannot agree with the owner or owners of such required lands for the purchase thereof or for damages sustained by such owner or owners of any land, gravel or stone, taken for the purpose aforesaid, or when by reason of legal incapacity, or absence of any such owner or owners, no such agreement or purchase can be made, application may be made to any justice of the How prices peace of the proper county in which the property wanted may lie, who shall thereon issue his warrant under his hand and seal, directed to the sheriff of said county, requiring him to summon a jury of five good and lawful electors of his county not interested, to meet on or near the property or materials to be valued, on a day and hour named in said warrant; no less than five, nor more than ten days after the issuing the same; and before they act, the sheriff shall administer an oath to each, that they will well, truly, faithfully and impartially value the land or materials so to be valued, and their verdict shall be subject to appeals as in other

cases.

Approved January 11, 1888.

No. 61.

AN ACT to authorize Jean Brunet to establish and keep a ferry across the Wisconsin river.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin as follows: That Jean Brunet, his heirs and assigns, be and they are hereby authorized to establish and keep a ferry across the Wisconsin river at that place where the military road, running from Prairie du Chien to Fort Winnebago, crosses said river, for the term of ten years from and after the passage of this act: provided, that said ferry, when so established, shall be subject to the same regulations as other ferries are or may be hereafter by law in this territory, fixing the rates of toll and prescribing the manner in which licensed ferries shall be kept and attended to.

SECTION 2. That no district, county or board of county commissioners shall have power to grant license to any person to establish a ferry across said river, within one half mile immediately above or immediately below the place aforesaid.

Approved January 17, 1838.

County organ

ized.

Terms of the district court.

No. 62.

AN ACT to organize the county of Walworth and to establish the seat of justice thereof.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the county of Walworth, shall be organized from and after the first day of January, A. D. eighteen hundred and thir ty-nine, and the inhabitants thereof be entitled to all the rights and privileges to which by law the inhabi tants of other organized counties of this territory, are entitled to. And the said county shall continue to be a part of the third judicial district, and a district court shall be held therein at the seat of justice of said county, at the court house or such other place as may. be provided. Two terms of said district court, shall be held annually after the organization of said county on the third Monday in July and the first Monday in December; and the several acts concerning the dis trict courts of the territory of Wisconsin shall be, and they are hereby made applicable to the district court of the county of Walworth.

Seat of justice. SECTION 2. Be it further enacted, That the seat of justice in said county shall, from and after the organi zation of the same, be established either at Elkhorn, situated at the center of the county, Delavan, situated near Turtle lake, or Geneva, at or near the outlet of Geneva lake, or Franklin, at Doctor Hemingway's. as may be decided by the male inhabitants of the age of twenty-one years, who are actual residents of the said county as is hereinafter provided.

ed by vote.

To be determin. SECTION 3. At the next general election in said county, the qualified electors thereof shall by their votes select one of the places named in the second section of this act, as the future seat of justice of said

county, by depositing their votes for either Elkhorn, Delavan or Geneva, or Franklin, after the same form and manner as candidates for other offices are voted for. And the election shall in all respects be conducted the same as the election for county and township officers.

SECTION 4. The inspectors of each of the boards Returns thereof. of election in said county, shall make out a certificate of the number of votes taken for either of the aforesaid towns, which shall be signed by said board of inspectors; and each of the said boards shall appoint one of their number to take such certificate, and on the next day, at one o'clock p. m., produce the same at the house of Daniel Bradley, at Elkhorn. And if it shall appear that either of the aforesaid towns shall have a majority of the whole number of votes given, said town having such majority shall be the seat of justice of said county.

SECTION 5. In case there shall not have been a ma- Second election. jority of the whole number of votes as aforesaid, cast for any one of the before mentioned places, that the two places having the smallest number of votes at the first election, shall be considered as having been rejected, and a second shall take place, which shall be conducted in the same manner and form and by the same persons as the first. And the said inspectors, as soon as they shall ascertain that such second election. is necessary, shall cause notices to be put up at each place in said county where the polls of election shall be held, stating the day such second election shall be held, and the names of the places to be voted for; which shall be the two named having received the greatest number of votes at the first election. And the place receiving the majority of such second election, shall be the seat of justice of said county.

SECTION 6. When either of the aforesaid places Result. shall receive a majority of all the votes given, the returns thereof shall be made and certified by the said inspectors, to the clerk of the district court of the county of Racine, and certified by said clerk to the governor of the territory, who shall issue his proclamation declaring the result, and the place fixed by the vote of the people of Walworth county as the seat of justice thereof.

Approved, Jan. 17, 1838.

TER. LAWS-24

Sheriff and deputy to hold

county seat.

No. 63.

AN ACT to regulate and define the duties of the county officers in this territory.

SECTION 1. Be it enacted by the council and house of their offices at representatives of the territory of Wisconsin, That the sheriff or under sheriff, of the several counties in this territory, be, and they are hereby required, to reside or hold their offices at the county seat, in their respective counties, or at the place where the district court is usually held.

Clerks, also.

Clerk's liability.

Other officers to reside at the

county seat.

Penalty.

SECTION 2. That the clerks or their deputies, of the several district courts in this territory, shall reside and hold their offices at the seat of justice in their respective counties, or at the place where the district. court is usually held.

SECTION 3. That if any suits should be lost or thrown out of court in consequence of neglect or carelessess of any clerk or his deputy, said clerk shall be liable to the party losing the same, with all costs and damages that may accrue, in consequence of such neg ligence, before any court having jurisdiction of the

same.

SECTION 4. That the judges of probate, the regis ter of deeds, and the county treasurers in the several countes in this territory, shall keep their offices at the county seat, in their respective counties, or at the place where the district court is usually held.

SECTION 5. That the clerk or his deputy of the board of county commissioners, in the several counties in this territory, shall reside at the county seat in their respective counties or at the place where the county commissioners usually transact business.

SECTION 6. That if any of said officers fail to comply with the provisions of this act, on conviction there. of, before any justice of the peace of the proper county, he shall be fined in a sum not to exceed fifty dollars for every such offense.

SECTION 7. This act to take effect from and after the first Monday in April next.

Approved Jan. 17, 1838.

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