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cause why an information should not be filed, or why a mandamus should not issue, may be awarded by any judge of a District Court in vacation, upon good cause being shown; but no hearing shall be had upon any such rule, or upon the merits, except in term time; and the respondent to any information in the nature of quo warranto may plead or demur to such information, and if an issue of fact be made up by the pleadings, such issue shall be tried by a jury.

SEC. 6. Whenever a judgment at law shall be enjoined before any writ of injunction shall be issued the complainant shall give

a bond to the defendant in a penalty of double the amount of the Bond to be filed before injudgment at law to be enjoined, with good and sufficient security junctions issue conditioned as required by law, and particularly to pay to the defendant the amount of such judgment in case the injunction shall be dissolved; and in all cases when a judgment at law has been enjoined and the injunction shall be dissolved, the court shall award upon the dissolution of such injunction, ten per cent. damages to the defandant upon the sum enjoined exclusive of interest and costs. No injunction shall be granted to stay any proceedings at Release of erlaw, until the complainant shall release all errors at law in the proccedings prayed to be enjoined; and in all cases a confession of judgment shall amount to a release of errors.

Szc. 7. In all cases when the books of a party shall be read as evidence under the provisions of sections 77, 78, 79, and 80, of an act entitled "an act concerning testimony and depositions," such book or books shall be deemed and taken to be only prima facia evidence of the facts contained in any such book or books, and the party offering any such book or books as evidence under the said sections and who may be sworn according to their provisions, shall be subject to all the rules of cross examination by the opposite party as would be applicable by the rules of law to any other witness in relation to the said book or books and all things therein contained.

APPROVED February 3rd, 1846.

rors.

Relative to aƐ

count books.

1

No appeal allowed.

Notice to be given of meet

ings.

abolished.

AN ACT defining the time for taking appeals from the vote of school meetings and for other purposes.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. The school commissioners of the several towns of this Territory, shall not hereafter allow any appeal from the decision or vote of any district school meeting.

SEC. 2. No meeting of the commissioners of common schools for the purpose of altering or forming any school district shall be held unless notice of the time, place and object of such meeting be given to the trustees of such district or districts as may be interested in such proposed formation or alteration.

SEC. 3. That so much of any law of this Territory as authori Five per cent. zes the collector of taxes of any county, to receive five per cent. for advertising lands to be sold for taxes, is hereby repealed; and hereafter no charge shall be allowed, unless the lands are sold for taxes.

APPROVED February 2, 1846.

AN ACT to change the form of government in the county of Dodge, and for other purposes.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That the act entitled "an act to provide for the government of the several towns in this Territory and for the revision of county government," approved February 18th, 1841,

and all other acts amendatory thereto now in force shall be in force and take effect in the county of Dodge on and after the first

Tuesday of April next.

SEC. 2. The first town meeting to be held in said county shall First town be held at the places hereinafter designated in the several towns held. meeting when on the first Tuesday of April next, and it shall be the duty of the clerk of the board of county commissioners of said county at least twenty days prior to said day of election, to place in the hands of the sheriff of said county three written notices to be posted up in each town of said county, specifying the time when, and place where, said town meeting is to be held for the election of town of ficers, and the said sheriff shall post up said notices in three of the most public places in each town at least fifteen days previous to said election.

SEC. 3. At the time and place of holding such town meetings, How organithe electors present, shall, between the hours of ten, A. M., zed. and twelve, M., organize such meeting by choosing a moderator and clerk, to conduct such meeting, and thereafter such meeting shall in all respects be conducted in the manner provided by the acts and amendatory acts mentioned in the first section of this act.

Proviso.

SEC. 4. That the official duties and liabilities of the clerk of Clerk and the board of county commissioners and treasurer now in office in treasurer to hold over. said county, shall extend to the expiration of the term of their respective offices as clerk and treasurer: Provided, the said clerk shall file with the treasurer of said county, on or before the first Tuesday of April next, a bond to be approved by said treas urer in conformity with the acts now in force relative to clerks of the board of supervisors: And provided also, the said treasurer shall, on the day of the first meeting of said county board of su pervisors, give bond to the said board of supervisors of said county: in accordance with the provisions of the above mentioned act and the act amendatory thereto, in default of which, in either case, the board of supervisors shall appoint some other suitable persons to discharge the duties of said offices respectively until others are duly elected and qualified.

SEC. 5. That township nine, north of range thirteen east, shall constitute a separate town by the name of Portland, and the first town meeting shall be held at such place in said town as the

Towns how

constituted.

clerk of the board of commissioners shall, in the notice required by the second section of this act direct.

SEC. 6. That townships nine, north of ranges fourteen and fifteen east, shall constitute a separate town by the name of Emmet, and the first town meeting shall be held at the house of William M. Dennis.

SEC. 7. That township nine, north of range sixteen east, shalb constitute a separate town by the name of Lebanon, and the first town meeting shall be held at such place in said town as the clerk of the board of commissioners shall, in the notice required by the second section of the [this] act direct.

SEC. 8. That township nine, north of range seventeen east, shall constitute a separate town by the name of Ashippun, and the first town meeting shall be held at the house of Andrew Van Wie.

SEC. 9. That township ten, north of range thirteen east, shall constitute a separate town by the name of Elba, and the first town. meeting shall be held at the house of Noah Robinson.

SEC. 10. That township eleven, north of range thirteen east, shall constitute a separate town by the name of Calmus, and the first town meeting shall be held at the House of John Dougan.

SEC. 11. That township ten, north of range fourteen east, shall constitute a separate town by the name of Lowell, and the first town meeting in said town shall be held at Finney & Lawton's mill.

SEC. 12. That township ten, north of range fifteen east, shall constitute a separate town by the name of Clyman, and the first town meeting shall be held at the house of Benjamin Fuller.

SEC. 13. That township ten, north of range sixteen east, shall constitute a separate town by the name of Hustis' Ford, and the first town meeting shall be held at the house of Lewis & Tripp.

SEC. 14. That township ten, north of range seventeen east, shall constitute a separate town by the name of Rubicon and the first town meeting shall be held at the house of Ephraim Van Slyke.

SEC. 15. That township eleven, north of range fourteen east, and the south half of township twelve, north of ranges thirteen and fourteen east, shall constitute a separate town by the name of Beaver Dam, and the first town meeting shall be held at the house of John H. Manahan.

SEC. 16. That township eleven, north of range fifteen cast, shall constitute a separate town by the name of Fairfield, and the first town meeting shall be held at the house of Major Pratt,

SEC. 17. That township eleven, north of ranges sixteen and seventeen east, shall constitute a separate town by the name of Hubbard, and the first town meeting shall be held at the house of Edwin Warren,

SEC. 18. That township twelve, north of range fifteen east, shall constitute a separate town by the name of Burrut, and the first town meeting shall be held at the house of James A. Williams.

SEC. 19. That township twelve, north of range sixteen east, shall constitute a separate town by the name of Williamstown, and the first town meeting shall be held at the mill of Foster & May.

SEC. 20. That townships twelve and thirteen, north of range seventeen east, shall constitute a separate town by the name of Le Roy, and the first town meeting shall be held at the house of Jebial Case.

SEC. 21. That townships thirteen, north of ranges fifteen and sixteen east, shall constitute a separate town by the name Chester, and the first town meeting shall be held at such place in said town as the clerk of the board of commissioners shall, in the notice required by the second section of this act, direct.

SEC. 22. That the north half of township twelve and township thirteen, north of range fourteen east, shall constitute a separate town by the name of Trenton, and the first town meeting shall be held at the house of Judson Prentiss.

SEC. 23. That the north half of township twelve, north of range thirteen and township thirteen in the same range shall constitute a separate town by the name of Fox Lake, and the first town meeting shall be held at the office of Hamilton Stevens.

SEC. 24. That the said several towns set off and organized by this act shall each be entitled to, and enjoy all the rights and privileges which are granted by law to the other towns in this Territory.

SEC. 25. That the treasurer of Dodge county be required ta pay to the treasurer of the town of Emmett, all school funds which are now in his hands belonging to, or which may hereafter Duty of treas be appropriated to school district No. five of Dodge county, and urer.

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