the said funds when so paid shall be distributed according to law among the several school districts which may be first established in said town after the organization thereof. SEC. 26. All laws in force of a general or local nature contra. vering any of the provisions of this act are hereby repealed upon the day of the taking effect of the provisions of the first section of this act; and this act shall be in force from and after its passage. APPROVED Jan. 22, 1816. Duty of chair visors. AN ACT to provide for a division of the county of Milwaukee. BE IT ENACTED by the Council and House of Representatives, of the Territory of Wisconsin: SECTION 1. That it shall be the duty of the several chairmen man of super- of the several boards of supervisors in the several towns in the county of Milwaukee, lying west of range twenty-one, in said county, to provide a separate box at the spring town elections of 1846, to be holden in said county, for the reception of votes for or against the division of said county of Milwaukee, and every elector qualified by law to vote for town officers in each of their respective towns, shall have the right to vote for or against such division. SEC. 2. All ballots or votes so received and counted, shall have legibly written or printed thereon, the words "for division," or "against division;" and all votes so received shall be counted Votes how re- and returns thereof made to the clerk of the board of supervisors turned and for the county of Milwaukee, in the same manner and time as is now provided by law in relation to election returns for county off counted. cers. SEC. 3. The votes so returned shall be canvassed by the clerk of the board of supervisors of the county of Milwaukee, and the result of such canvass shall be certified by said clerk and published within ten days after said returns are made in one or more newspapers printed in said county. SEC. 4. If a majority of the votes so returned shall be in favor of division, then, and in that case, from and after the time the result aforesaid should be published, all the district of country lying and being within the present limits of the county of Milwaukee, and lying west of a line running due north and south between ranges twenty and twenty-one, in said county, be and the same is hereby erected,established and organized into a distinct county by the name andstyle of "Waukesha county." That it be organized for County of judicial purposes, and shall enjoy all the privileges of other coun- Waukesha established: ties of this Territory. It shall form a part of the third judicial. district, and the courts therein shall be held by the Judge of the said district, commencing on the third Monday of February and third Monday of Angust. SEC. 5. All process, appeals, recognizances or other proceedings commenced in the District court of Milwaukee county, prior to the first day of January next, shall be prosecuted to final judg- Suits how ment and execution thereon, in the same manner they might or prosecuted. could have been, had not this act passed; and executions on any judgments heretofore rendered in said county, shall have the like force and effect and may be executed and returned by the sheriff of Milwaukee county, anything in this act to the contrary notwithstanding. SEC. 6. That said county of Waukesha is by this act erected, established and organized into a distinct election district and at the time now fixed by law for holding general elections in this Territory, the qualified electors of said county of Waukesha, at and from that time, shall be entitled to elect such members of the To constitute an election Legislative Assembly as a new apportionment may authorize, and district. in case no new apportionment be made previous to the next general election, then and in that case said county shall at said general election elect one member of the Council and two members of the House of Representatives who shall represent said county in the next Legislature of this Territory. The electors of said county of Waukesha shall at the next general election elect such county officers as other counties under the same government are authorized to elect, whose respective terms of service shall commence on the first day of January next, and continue in office for the term now prescribed by law for such officers in this Territory, SEC. 7. In case the vote before mentioned determines a divis ion of the county of Milwaukee, then and in that case, the seve ral county supervisors elected at the next April town election within the limits of said county of Waukesha, shall meet at what Board of su- . is now known as Vail's Hotel, in the town of Prairieville, on the pervisors to or ganize. second Monday of June next, at twelve o'clock, M., and proceed to organize a board of county supervisors for the county of Waukesha. They shall elect a clerk of their board, and such other officers as may be necessary for carrying into effect the organiza. tion of the county; which officers so elected, shall serve until theit successors are duly elected and qualified according to law. Said board of supervisors shall at said meeting, or at some subsequent adjourned meeting, procure for the use of said county, suitable and convenient grounds for the location of the seat of justice, and provide for the erection of all the necessary county buildings. SEC. 8. That an act entitled "an act to provide for the removal of the seat of justice of the county of Milwaukee from the town of Milwaukee to Prairieville," approved February 24th, 1845, be and the same is hereby repealed, APPROVED January 31st, 1846. AN ACT making new Election Districts and providing for a new apportionment of representation to the Legislative Assembly. BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. That the county of Racine shall constitute the Districts how first election district. The county of Walworth shall constitute composed. the second election district. The county of Rock shall constitute the third election district. The counties of lowa and Rich. The county of The counties of land shall constitute the fourth election district. SEC. 2. As soon as practicable after having been furnished with the enumeration of the inhabitants of the Territory in pursuance of "an act in relation to the formation of a State Government in Wisconsin," the Governor of the Territory shall apportion Governor to to each of said districts their relative proportion of represenmake appor tionment. tation according to their population as near as may be shown by the census taken by virtue of the above recited act upon the basis laid down in the tenth section of "an act to provide for the taking the census of the inhabitants of the Territory of Wisconsin, and to authorize the Governor to apportion the members of the Council and House of Representatives," approved February 18, 1842, and issue a proclamation, declaring the apportionment made under this act and to transmit to the sheriffs of each of the counties of the Territory a copy of the said proclamation, whereupon. the said sheriffs shall post up notices according to the apportionments made as aforesaid, which notices shall be in form as prescribed by the "act to provide for and regulate general elections," any thing in said act requiring longer notice to the contrary notwithstanding. APPROVED Feb. 3d, 1846. Vacancies how filled. Governor to appoint sheriff in certain ca ses. AN ACT to amend the election law concerning jus tices of the peace, and for other purposes. BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. That when any vacancy shall happen in the of fice of justice of the peace, in any town or precinct, in any county in this Territory, by death, resignation, removal, or otherwise, the town clerk of the town where such vacancy shall happen, in those counties governed by town government, shall order a special election to be held in said town to fill such vacancy. The clerk of the district court in those counties governed by county government, shall notify the clerk of the board of county commissioners of any vacancy that may happen in the office of justice of the peace in his county, and in what precinct such vacancy has happened; upon receiving such notice, the clerk of the board of county commissioners shall order a special election to be held in such precinct to fill such vacancy, and hereafter all resignations of justices of the peace shall be made to and filed in the office of [the] clerk of the district court; the notices shall be given for such special election, and the election held and returns made according to the provisions of the act to which this is amendatory. SEC. 2. That when any vacancy shall happen in the office of sheriff, the clerk of the district court of the proper county shall immediately notify the Governor of this Territory of the same, who shall appoint some suitable person to fill said office, who shall hold the same until the next annual election and until his successor shall be elected and qualified. When any chairman of the board of town supervisors shall for any cause be unable to attend a meeting of the county board, he shall appoint one of his associ ate supervisors to act as chairman during such inability and shall Chairman of give him a certificate of his appointment, setting forth the cause supervisors to of such inability, and such certificate shall authorize the supervi appoint subsor so appointed for the time being, to perform all the duties of chairman of the board of town supervisors during such inability. APPROVED Jan. 23, 1846. stitute. |