sociates, successors and assigns, be and they are hereby authorized by whom conto erect and maintain a dam across the Rock river, on any land structed. they may own on section number twenty-one, in town number four, in range twelve, or on section number sixteen, if thereunto authorized by competent authority, and to make use of the water in said stream for propelling any kind of machinery they may see fit to erect; and they may sell or lease the right to use said water to any person whatever.

dam, &c.

§2. Said dam shall not be raised more than four feet above Dimensions of the ordinary heighth of water in said stream, and shall contain a suitable and convenient lock, not less than one hundred and twenty feet between the gates, and not less than twenty-four feet wide in the clear of the chamber, for the passage of boats, barges and the other water craft; said lock shall be in readiness for the passage of boats, barges and other water craft, at the time of the completion of said dam. And the said Clouden Stoughton, Luke Stoughton, their associates, successors and assigns, shall maintain said lock, and shall attend to the passage of all such boats, barges and water craft through said lock, free of all charge to the owners thereof: Provided, further, that said lock shall be so constructed as to convey boats, barges and other water craft through said lock to the deep water below the rapids on which the said dam shall be constructed.

§3. The said Clouden Stoughton and Luke Stoughton, their Lock. associates, successors and assigns, shall, whenever they construct said dam, construct also a slide or chute, in such manner as to allow the passage of rafts over said dam, as well as to permit the ascent and descent of fish in said stream; and the construction of said dam, lock and slide or chute, shall be commenced within one year, and completed within three years.

former law.

§ 4. The said Clauden Stoughton and Luke Stoughton, their Subject to associates, successors and assigns, shall, in respect to flowing land, the darnages to be paid therefor, and the manner of recovering said damages, be subject to all the provisions of an act relating to mills and mill-dams, approved January thirteenth, eighteen hun

dred and forty.

§ 5. That Anson W. Pope and Virgil Pope, their associates, To construct dam, &c. successors and assigns, be and they are hereby authorized to erect and maintain a dam across Rock river, on any land they may own in sections number fourteen and fifteen, in town number three

Proviso.

Ib.

Provision.

Supervisors

tain towns.

north, of range twelve east, of the same height as the one, the construction of which is herein above authorized. And the said Anson W. Pope and Virgil Pope, their associates, successors and assigns, shall have the same privileges, and be subject to all the limitations and restrictions, which are by this act granted or applied to the said Clouden Stoughton or Luke Stoughton, their associates, successors and assigns: Provided, however, that the said Anson W. Pope and Virgil Pope, their associates, successors and assigns, shall have power to construct a canal on or over any part of said sections, numbers fourteen and fifteen, which they may own; which canal shall contain not less than three feet of water, and shall be of capacity sufficient to receive a boat or barge twen ty-four feet wide, and shall contain a lock, in all respects like the one above described: Provided, further, said canal, and the lock in it, shall be so constructed as to convey boats, barges and other water craft around any rapids within eighty rods of the said dam, and to permit the said boats, barges and other water craft to enter the said river in deep water below said rapids; and the said Anson W. Pope and Virgil Pope, their associates, successors and assigns, shall attend to the passage of boats, barges and other water craft, free of charge.

§ 6. In case the said Anson W. Pope, Virgil Pope, their associates, successors and assigns, shall construct the canal and lock as above provided, it shall not be necessary to construct a lock in the said dam.

7. This act may at any time be repealed by the legislature. APPROVED, April 7, 1843.

AN ACT to amend an act, entitled "an act to provide for the government of the several towns in the Territory, and for the revision of county government."

Be it enacted by the Council and House of Representatives of the Territory of Wisconsin:

§ 1. If there shall be any portion of any county which shall not to annex cer- be embraced in the limits of an organized town, the board of su pervisors of such county shall have power to annex such portion not so embraced, to any adjoining organized town, for all townDuties of of ship purposes; and the powers and duties of the town officers of such organized town, and of said board of supervisors, shall ex

ficers.

tend to and be exercised over the portion of country so annexed,

the same as if it constituted a part of such town.

to return

as

§2. Should any town, from any cause, neglect to make out Proceedings in and return to the board of county supervisors their assessment case of neglect roll, as required by law, it shall be lawful for such county board to sessment roll, proceed in the usual manner to levy the county expenses for such year, upon such towns as shall have made returns as aforesaid. But in all such cases, it shall be the duty of the county board for the next ensuing year, to apportion upon such town double the amount of such town's portion of taxes for the year so omitted, (the amount being ascertained by themselves from some former assessment,) and such town shall forfeit an equal amount, in addition to its yearly portion of county taxes for every year, until the assessments shall be made and returned according to law: Provided, Proviso. however, that if such omission to make or return the assessment as aforesaid, shall be caused by the refusal or inability of any town officer to discharge the duties required of him by law, it shall be lawful for the supervisors of such town to appoint some other person or persons, as the case may be, to perform such duties, and the said appointment shall be valid in law; and the persons thus appointed, shall be subject to all the provisions of law applicable to such officer: And provided, also, that the town su- Ib. pervisors shall have the same authority to appoint a collector under like circumstances, and the provisions of law shall apply in the same manner to such collector.

§3. If any town, at its annual town meeting, shall by vote de- Duties of sutermine not to elect separate boards of assessors, commissioners pervisors of highways, or commissioners of common schools, or from any cause shall fail to elect such officers, the supervisors of such town shall do and perform all the duties, and be subject to all the provisions pertaining to any such office, whose duties they may be thus required to perform.

ors.

§4. At all general and other elections, except town meetings, Poll lists, dutwo poll lists shall be kept by the clerks of the election, on which ties of inspectshall be entered the name of each person whose vote shall be received; and the canvass of votes shall commence by a comparison of the poll lists, and the correction of any mistake that may be found therein, until they shall be found or made to agree; before the ballots are opened, they shall be corrected and compared with the corrected poll lists, ar.d if the ballots shall be found to exceed

in number the whole number of votes on the poll lists, they shall be replaced in the box, and one of the inspectors shall publicly draw out and destroy so many ballots unopened as shall be equal to such excess. together as to present the appearance of a single ballot, they shall Clerk to take be destroyed. Any member of the board of inspectors of election may act as a clerk of election; but every person acting as such clerk, shall, before any votes are received, take the oath required of such clerk by the act, entitled "an act to provide for and regulate general elections."

If two or more ballots shall be found so folded

oath.

Poll book,how kept and delivered.

§ 5. The board of inspectors shall enclose and seal one of the poll books, under cover, directed to the clerk of the board of county supervisors of the county in which such election was held; and the packet thus sealed, shall be conveyed by one of the judges of clerks of the election, to be determined by lot, if they cannot otherwise agree, and delivered to the clerk of the board of supervisors, at his office, within nine days from the close of the polls; and the other poll book shall be deposited with the town clerk of the town where the election is held; and the said poll books shall be subject to the inspection of any elector who may wish to examine them; and if any judge or clerk of any election, after having received, or being deputed to carry the poll book of such election, as aforesaid, shall fail or neglect to deliver such poll book to the clerk of the board of county supervisors, within the time prescribed by law, safe, with the seal unbroken, he shall, for every such offence, forfeit and pay the sum of five hundred dollars, for the use of the Fine, imposed and collected, county, to be recovered by an action of debt, in the name of the board of county supervisors, in the district court.

Acts in force,

Town meetings.

§6. All the provisions of the act, entitled "an act to provide for and regulate general elections," so far as applicable and not inconsistent with the provisions of this act, and the act of which this is amendatory, shall apply to and be in force as to all elections, except town meetings, in the several counties which have adopted the town and county system of government.

§7. When the election at any town meeting is by ballot, the clerk of such meeting shall, before acting as such, take an oath and keep a poll list, as specified in the fourth section of this act; and at the close of the election the ballots shall be compared with the poll list, and the like proceedings shall be had in all respects in canvassing the votes as is required in the said last named sec

tion. The poll book kept at every town meeting shall be deposit

ed with the town clerk.

8. The reading of the statement of the result of the canvass Notice of the result. by the clerk of any town meeting, as required by law, shall be deemed notice of the result of the election to every person whose name shall have been entered on the poll list as a voter.

tion.

9. The town clerk of every town, within ten days after any Notice of electown meeting, shall transmit to each person elected to any town office, whose name shall not have been entered on the poll list as a voter, or when no poll list shall have been kept, a notice of his election:

10. The canvass of the votes given at any town meeting, or Canvass. election, may be had or continued after sun-down.

11. Any person elected or appointed to the office of town File oath. clerk, may file his oath of office as soon as the same shall be ta

ken and duly certified.

$12. The time allowed to the collectors of the several towns Time of makin which to make returns of their transcript rolls, together with ing returns. their precepts and doings thereon, to the town clerks office, is hereby extended to the third Monday of January, in each year; and the time allowed such collectors in which to pay over the amount of all taxes collected by them, is hereby extended to the fourth Monday of January in each year.

13. Hereafter, the town clerks of each town shall make out Clerk, duty of. and forward to the county treasurer of the proper county, the certificate and attested copy of the collector's affidavit, as required by the tenth section of part first, chapter tenth, of the act of which this is amendatory, on or before the first Monday of January in each year.

liable.

§14. No collector or his sureties shall be liable on his bond, Collectors, not as provided by the thirteenth section of part first, chapter tenth, of the act of which this is amendatory, for failing to pay over to the treasurer of any county, as required by law, any portion of the tax due such county, provided it shall be made to appear that such portion, not paid over, could not be collected on the precept or warrant of such collector.

§ 15. If, after the supervisors have made out the corrected Land omitted in assessment. assessment rolls, it shall be ascertained that any land or property liable to taxation, and which should be included therein, is not so included, by reason that the same has not been assessed, or from