county. Contract for con appoint, shall superintend the construction of said bridge, and structing bridge to be in name ofthey are hereby authorized to contract in the name, and in behalf, of the county of Milwaukee, with any person or persons for furnishing the materials for, and the constructing of said bridge, under such conditions and restrictions as they may think proper; the expense of which shall be paid out of the County Treasury on orders drawn by the Board. East Ward to grade streets and SEC. 4. The trustees of the town of Milwaukee are hereby attend bridge. required, from time to time, to levy a tax on the property in the east ward of said town, in addition to such as may be authorized by law, sufficient to insure a proper attendance of said bridge, and to make and grade such streets leading from the east end o said bridge to the business part of the town in said ward, so as to make it safe and convenient passing with teams and carriages. l'enalty for wilful injuries. Bridge to be free. SEC. 5. The said bridge shall be so constructed and attended as to prevent any unreasonable detention of any ship, vessel, or other water craft, passing up or down said river. SEC. 6. That if any person or persons shall wilfully injure, break, throw down, or destroy said bridge, or any part thereof, such person or persons shall, for every such offence, forfeit the sum of fifty dollars in addition to the penalty provided in the statute for such offences, and pay ail damages consequent upon such offence, over and above such forfeiture. SEC. 7. The said bridge, when completed, shall be and forever remain free, and no person or persons crossing the same shall be required to pay any toll therefor. SEC. 8. That if any of the duties enjoined by this act to be done at a time herein specified, are not then done, the Board of Commissioners of said county, for the time being, may proceed in the construction of said bridge, as herein provided, at any subsequent period. SEC. 9. This act shall take effect from and after its passage. No. 6. AN ACT relating to the Fiscal Agency of Moses M. Strong. Be it enacted by the Council and House of Representatives (of the Territory of Wisconsin), That Moses M. Strong, Esq., here tofore appointed fiscal agent of the Legislature of this Territory, be required to pay to the Secretary of the Territory, all monies now in his hands belonging to the Territory of Wisconsin, and that the Secretary be requested, as soon as practicable, to cause the balance of the debt due from the Territory to Messrs. Collier & Pettus, if a sufficient amount shall be placed in his hands for that purpose, and report his doings in relation to the matter to this Legislature if in session, and if not, to the Governor of this Territory. Approved, January 4th, 1840. No. 7. AN ACT to authorize William H. Bruce and others to build and A maintain a dam on the Manitouwoc river, and for other purposes. constructed, and es. SECTION 1. Be it enacted by the Council and House of Dam where to be Representatives of the Territory of Wisconsin, That William for what purpos H. Bruce, Jacob W. Conroe, George S. Armstrong, and William Jones, their associates, successors, heirs and assigns, be, and are, hereby, authorized and empowered to build and maintain a dam across the Manitouwoc river, in the county of Manitowoc, upon sections twenty-three, twenty-five and twenty-six, in township nineteen, range twenty-three east of the fourth principal meridian, to erect mills or other machinery, or in any other manner to make use of the water for hydraulic purposes to build wharves or buildings that the persons above ramed, or their successors, may deem necessary for the facilities of business. Lock for boats, SEC. 2. The dam shall not exceed five feet raise above the Height of dam. surface of said Manitou woc river at high water, and shall contain a convenient lock or locks, eighty feet long and twentyfeet wide, for the passage of boats, barges, batteaux, or other its description. water craft, whenever the said river, above said dam, shall be so improved as to be navigable for such boats, barges, or batteaux, above said dam, and shall maintain said lock, and attend the passage of all boats, &c., through, free of all charges to the owner of said boats, &e. SEC. 3. The said proprietors shall construct, and keep in Slide for rafts. good repair, a sufficient slide, not less than thirty feet wide, and so constructed as not to cause a fall of more than three feet to Act how amended. every twelve feet of smooth surface, to admit of the passage of all rafts of timber, &c., down said stream. SEC. 4. The Legislature may at any time repeal, alter, or amend this act, so as to provide for the future improvement of the Manitouwoc River. SEC. 5. That this act shall take effect from and after its passage. Approved, Jan. 4th, 1840. No. 8. AN ACT to provide for recording contracts relating to lands, and for other purposes. SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin, That all bonds, contracts, or agreements, concerning any interest in lands in this Territory, made in writing under seal, attested by one or more witnesses, and acknowledged before some person authorized by law to take acknowledgement of deeds, may be recorded, in the office of the Register of deeds of the proper county. SEC. 2. It shall be the duty of the Register of deeds in each county, within this Territory, to receive and record, at length, all such bonds, contracts, or agreements, as shall be left with him for that purpose. SEC. 3. Each, and every bond, contract, or agreement, made and recorded according to the provisions of the first section of this act, shall be notice to, and take precedence of, any subsequent purchaser or purchasers, and shall operate as a lien upon the lands, therein described, according to its import and meaning. SEC. 4. The said Registers shall receive the same compensation for recording all papers, contemplated by this act, as is now allowed, by law, for recording deeds and mortgages. SEC. 5. This act shall take effect from and after its passage, and shall include all bonds, contracts, or agreements, now made and recorded, or now made and not recorded, as well as those hereafter to be made. Approved, January 4th, 1840. No. 9. AN ACT to repeal an act entitled "An act to change the corporate limits and powers of the town of Green Bay." ditionally repeal SECTION 1. Be it enacted by the Council and House of Former act conRepresentatives of the Territory of Wisconsin, That the ac: ed. entitled "An act to change the corporate limits and powers of the town of Green Bay" approved March 9, 1839, is hereby repealed, which repeal shall be subject to the conditions and restrictions in this act mentioned. ued to the offi SEC. 2. The President and Trustees of said town now in Powers continoffice shall have authority to exercise the necessary powers, to cers. enable them to levy and collect taxes, sufficient to liquidate all unpaid and outstanding accounts, and demands against said town, and for that purpose, they may proceed in the collection of all taxes, heretofore levied, and unpaid, and to levy and collect such further tax, as may be necessary for the purpose above specified, in the same manner, as if this act had not been passed; provided said president and trustees shall have no authority to contract any debt or charge against said town except, so far as may be necessary, in the levying and collecting of the taxes, necessary to carry into effect the provisions of this section. on the repeal. SEC. 3. An election shall be held at the Astor House, in said Electors to vote town, on the first Monday of March next, at which the qualified electors of said town may vote in favor or against the continuance of the charter of said town, and, if a majority of the qualified electors shall vote in favor of such continuance, then this act shall be void and of no effect; but if a majority of the electors shall vote against the continuance of said charter, then and in such case, the two first sections of this act shall take effect and be in force from and after said day. SEC. 4. The preceding third section shall take effect from and after the passage of this act. Approved, January 4th, 1840. What deemed the possessions of a settler. No. 10. AN ACT to prevent trespass and other injuries being done to the possession of settlers, on the public lands, and to define the right of possession on said lands. SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin, That, hereafter, in actions of trespass quare clausum fregit trespass, ejectment, forcible entry and detainer, as well as forcible detainer, only, when any person may be settled upon any of the public lands, in this Territory, where the same have not been sold by the How he may de General Government, his, her, or their possession shall be fend them. considered, on the trial, as extending to the boundaries, embraced by the "claim" of such person or persons, except mineral lots, so as to enable him, her, or them, to have and maintain either of the aforesaid actions, without being compelled to prove an actual enclosure: Provided, that such claim shall not exceed, in any case, three hundred and twenty acres, and provided, that such claim may be located, in two different parcels, as will suit the convenience of the holder. And every such claim shall be marked out, so that the boundaries thereof may be readily traced, and the extent of such claim easily known: Provided, that no person shall be entitled to sustain either of said actions for possession of, or injury done to, any claim unless he occupy the A 'claim' how ac- same, or shall have made improvements thereon, to the value of fifty dollars. quired. How abandoned. SEC. 2. A neglect to occupy or cultivate said claim, for the period of six months, shall be considered such an abandonment as to preclude said owners from sustaining either of the aforesaid actions. Approved, January 4th, 1840. No. 11. AN ACT to incorporate the Michigan and Rock River Rail Road Company. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin as follows: |