Accessory. Refusal to pay specie. verdict of the jury, or otherwise, the amount of the sum embezzled, they shall impose such fine as, in their discretion, shall be adequate and corresponding, as nearly as may be, with the penalty imposed by this section; and every refusal, by an officer, to pay any sum lawfully demanded, shall be deemed an embezzlement of the sum so demanded. 3. Any person, demanding of any officer any sum of money, which he may be entitled to demand and receive, who shall be unable to obtain the same, by reason of the money having been embezzled, as aforesaid, if he shall neglect or refuse, for thirty days after making such demand, to make complaint against such officer, shall be deemed an accessory, and, upon conviction thereof, shall be fined in a suin not exceeding one hundred dollars. § 4. The refusal of any officer to pay any demand in specie, where the sum so demanded was actually received by such officer, in good faith, in checks, drafts, certificates of deposite, or currency, which may have depreciated in value, provided payment be tendered in the checks, drafts, certificates of deposite, or currency, received by such officer, shall not be construed to be an embezzlement, according to the intent and meaning of this act. Set-offs not al-§ 5. That every officer, or other person, shall lowed. Prosecution. Fine, where paid. pay over the same money that he may have received in the discharge of his duties, and shall not set up any account as a set-off against any money so received; and that all justices of the peace, clerks of the county, sheriffs, and other officers, shall pay into the respective treasuries all the moneys collected on fines, within thirty days after said moneys may be collected. 6. All prosecutions under this act shall be by indictment, and may be commenced by complaint made before any justice of the peace; and the residue of all fines hereby imposed, exceeding the sum of one hundred dollars, shall accrue to the territory, and all fines of one hundred dollars, after deducting the costs of prosecution, and under, shall accrue to the county in which the conviction is had. Acts repealed. § 7. All acts and parts of acts, contrary to the provisions of AN ACT to change the boundaries of certain towns therein named. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: § 1. The district of country comprised in townships number Depere, twenty-one, twenty-two, and so much of township twenty-three, in range twenty-two, as is comprised in sections from numbers thirteen to thirty-six, inclusive, and townships number twenty-one, twenty-two, and twenty-three, in ranges twenty-three, twenty-four, and twenty-five, in the county of Brown, is hereby attached to, and made a part of, the town of Depere, in said county. § 2. All of surveyed townships twenty-three, in range twentytwo, not included in the town of Depere, and all that district of country now constituting the towns of Bay Settlement, Pasaukie, Howard, and Oconto, are hereby attached to, and made a part of the town of Green Bay. Green Bay. § 3. The district of country as follows, to wit: surveyed town- Kaukaulin. ships twenty-one and twenty-two, in ranges eighteen and nineteen, and township twenty-one, in ranges twenty and twenty-one, south and east of Fox river, in the county of Brown; and the district of country on the west and north of said river, bounded as follows, to wit: on the west by the range line extended north between ranges seventeen and eighteen, east; on the north by the north line of the grant to Eleazar Williams, extended northwestwardly until it intersects said range line last mentioned, and on the east and south by the Fox river, are hereby declared to be and constitute the town of Kaukaulin, in said county. § 4. The town of Butte des Morts, in the county of Winneba- Winnebago. go, shall hereafter be known by the name of Winnebago, and shall embrace all the district of country included in the limits of said county. where held. § 5. Future elections and town meetings in the town of Win- Eelection, nebago, shall be held at the house of Webster Stanley, in said town, until otherwise ordered by a vote of the electors thereof, as authorized by law. APPROVED, April 1, 1843, Authority to build dam. Slide or chute. When to be completed. To what law subject. AN ACT to authorize Silas Peck and David L. Wells to construct and maintain a dam across the Fox river. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: 1. That Silas Peck and David L. Wells be and are hereby authorized and empowered to build and maintain a dam across the Fox river, in the county of Racine, on section thirty-two, in township three north, of range nineteen east of the fourth principal meridian, on any lands owned, or to be owned by them, sufficient to create a head of five feet water, and to make use of the same for hydraulic purposes. §2. That the said dam, when so constructed, shall contain a slide or chute, not less than fifteen feet wide in the clear, and having a fall of not more than three feet in twelve of smooth surface, for the free passage of fish. §3. The said dam shall be built and completed within the period of two years from the first day of July, eighteen hundred and forty-three, or all the privileges herein granted shall be null and void. $4. That the general law, approved January 13th, 1840, relating to mills and mill-dams, shall be and hereby is declared to be applicable to any dam which may be constructed by virtue of this act. Power to alter, §5. This act may be altered, amended, or repealed at any amend, &c. time, by the legislature of this territory, or the future state of Wisconsin. Acts declared legal. APPROVED, April 1, 1843. AN ACT to legalize the official acts of James H. Lockwood. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: § 1. That the official acts of the said James H. Lockwood, heretofore performed by him, as judge of probate for the county of Crawford, shall in no wise be affected for the reason that the said acts were performed by him after his term of service as such judge of probate had expired; but all such official acts, and every pro ceeding of said James H. Lockwood, as such judge of probate, are hereby declared to be as legal and valid, as though the term of service of the said James H. Lockwood had not expired when the said official acts were performed, and said proceedings were had. § 2. This act shall take effect from and after its passage. APPROVED, April 7, 1843. AN ACT to authorize the register of deeds of Washington county to procure certain records in the office of the register of deeds of Milwaukee county. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: Take effect. whom and 1. That the register of deeds of Washington county is here- Records, by by required to procure from the records in the office of the regis- how obtained. ter of deeds of Milwaukee county, true and exact copies of the records of all deeds, mortgages, and other instruments recorded in the office of register of deeds of said county of Milwaukee, which relate to or affect lands or real estate situate within the limits of Washington county, and record the same in a book, or books, to be procured by him for that purpose. §2. That the register of deeds of Washington county shall Certified to. affix to said records, so copied, a certificate, under oath, stating that, as such register, he procured the said records in pursuance of this, and that they are true and exact copies of all such original records. copies. §3. That the register of deeds of Milwaukee county shall Permit to take permit the register of deeds of Washington county to have access to the records of his office, for the purpose of procuring such copies. §4. The copies of such records, made and certified as herein Effect. provided, shall have the same force and effect as the original records. $5. The register of deeds of Washington county shall be paid Compensation of register. from the treasury of said county for performing the duties herein enjoined upon him, and for arranging and preparing an alphabetical index to the records by him copied, the same compensation to which he is now entitled by law for recording deeds and other papers. To take effect. Transcript roll, how made and to whom delivered. lector. §6. This act shall take effect from and after its passage. AN ACT for the collection of certain taxes in the county of Milwaukee. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: § 1. That the town clerk of the town of Summit, in the county of Milwaukee, is authorized and directed forthwith to make out and issue the transcript roll of said town, for the year A. D. 1842, including the town and county tax of said town for said year, to the collector thereof, pursuant to sections three, four and five, of part four, chapter nine, of the act entitled "an act to provide for the government of the several towns of this territory, and for the revision of county government.". Duties of col- §2. And said collector is authorized and directed to collect the taxes mentioned in such transcript roll, so to be issued to him, in the same manner as he is required to collect town and county taxes by said act; and to make return of said roll, together with the precept and his doings thereon, pursuant to said act, to the office of said clerk, on or before the first day of June next. Delinquent lands,returned and sold. To take effect. Dam, § 3. And said clerk shall, on or before the first day of July next, make return of such delinquent lands in said town, as may appear from the return of said collector, and the taxes thereon, agreeably to the provision of said act; which lands, so returned, may be sold in the same manner as other delinquent lands, required to be returned by said act, are sold. § 4. This act shall take effect and be in force from and after its passage. APPROVED, April 6, 1843. AN ACT to authorize Clouden Stoughton and Luke Stoughton to build and maintain a dam across the Rock river; and also to authorize Anson W. Pope and Virgil Pope to build and maintain a dam across said stream. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: §1. That Clouden Stoughton and Luke Stoughton, their as |