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this act, knowing that he does not possess the qualifications of a voter therein prescribed, he shall be liable to be indicted for so voting; and upon conviction thereof, shall be punished by imprissonment in the county jail of the county in which he shall be convicted, for a period not less than three months nor more than one year. And if any person shall take the oath or affirmation prescribed by this act relative to the qualification of voters, knowing the same to be false, he shall be deemed to be guilty of perjury; and upon conviction thereof, shall be punished in the same manner as is now provided by law for the punishment of the crime of perjury.
SEC. 11. The qualified electors present at the place of holding any election provided for in this act, shall have power to fill any vacancy (for the time being) that may exist in the board of election as now constituted by law.
SEC. 12. At any election held in pursuance of the provisions of this act, the polls shall be opened at the several places where the last annual election was held, between the hours of eight and ten o'clock, a. m., and shall be closed at five o'clock, p. m.; any law of this Territory to the contrary notwithstanding.
SEC. 13. The governor shall, within ten days from the passage of this act, appoint in each of the counties of the Territory some suitable person, who is hereby authorized and required to cause the number of inhabitants in the county for which he shall have been appointed to be accurately taken, omitting in the enumeration Indians, not citizens, and officers and soldiers of the regular army of the United States; and every person so appointed shall have power] to appoint as many assistants to aid him in taking the census as he may deem necessary, and shall assign to each assistant a certain division of his county, which shall be accurately defined, either by Congressional township lines or the boundaries of towns. organised for town government, or shall be distinctly bounded by water courses or public roads: Provided, That if any person so appointed shall refuse or fail to perform the duties required by this act, it shall be the duty of the governor forthwith to appoint some other suitable person to perform the same; and he is hereby authorized, should he deem it necessary, to extend in such case the time limited by this [act] for the performance of said duties for such period as he may deem proper.
SEC. 14. The governor shall immediately upon making such appointments, furnish the secretary of the Territory the names of all persons so appointed, and their residence, so far as he can ascertain the same, which the secretary shall record in the executive journal; and the secretary shall furnish to every person so appointed a certificate of such appointment, and shall at the same time forward to him the necessary blank forms for carrying into effect the provisions of this act, to be prepared by the secretary, the expense of preparing which shall be paid by the Territory.
SEC. 15. The persons appointed to take the census, and their assistants, shall severally take and subscribe an oath or affirmation before some person authorized by law. to administer oaths, previous to entering upon the discharge of the duties imposed by this act,
that they will well and truly cause to be made, a just and perfect enumeration of all the persons resident within their county or division, as the case may be, and a true return thereof make, in pursuance of the provisions of this act, according to the best of their abilities, which oath or oaths shall be returned with the census, as hereinafter provided, to the secretary of the Territory. Every assistant so appointed, shall return to the person by whom he was appointed, a just and perfect enumeration of the inhabitants of the district or division assigned to him in the form so as aforesaid to be prepared by the secretary. And the several persons appointed in pursuance of the provisions of this act, to take the census in their respective counties, shall, by the twenty-fifth day of December next, prepare duplicate copies of the enumeration of the inhabitants of their respective counties, specifying the number of inhabitants in each town in the counties under the town system of government, and in each precinct in those counties under the county system of government; and forth with transmit one of said copies. properly certified, to the secretary of the Territory, and the other to the register of deeds of said county, or if there be no register in such county, to the register of deeds of the county to which it is attached for judicial purposes, and the said register shall preserve the same on file in his office, subject to the inspection of all persons.
SEC. 16. If any person, appointed in pursuance of the provisions of this act, to take the census, shall fail to complete said census, and make returns thereof by the time limited by this act, he shall not be entitled to receive any compensation therefor, and every person so appointed, who shall accept said appointment, and every assistant who shall be appointed and shall accept such appointment, who shall knowingly make a false return, shall forfeit and pay the sum of two hundred dollars, to be recovered in the name and for the use of the Territory, before any court of competent jurisdiction. SEC. 17. The said enumeration shall commence on the first day of December, A. D. 1847, and shall be completed and closed within. fifteen days thereafter. It shall include only those who are residents of said respective counties or divisions on the first day of December aforesaid, and shall be made by an actual inquiry by the persons taking such census at every dwelling, or by personal inquiry of the head of every family, in their respective counties or divisions.
SEC. 18. Every assistant shall, by the twentieth day of December, A. D. 1847, make and deliver to the person by whom he was appointed, a true and accurate copy of the enumeration of all persons whose enumeration is herein provided for, which shall be set forth in a schedule designating the townships, precincts or districts constituting his division, according to the civil or geographical boundaries thereof, and shall embrace the several families by the name of the head thereof, and the aggregate number therein.
SEC. 19. The persons appointed to take such census shall each be allowed the sum of five dollars for making the abstracts or copies required by section fifteen, and said persons and their assistants shall receive, as compensation for the service performed in taking said census, at the rate of one dollar for every one hundred
persons enumerated by them respectively: Provided, That in the counties of St. Croix, Chippewa, and La Pointe, said compensation shall be at the rate of three dollars for every one hundred persons enumerated therein, and in the county of Richland at the rate of five dollars for one hundred, and in the county of Portage three dollars for every one hundred: Provided, also, That each county shall pay for taking the census in its own limits, and for the abstracts and copies of the same, in the same manner as other county expenses are paid.
SEC. 20. If it shall appear from the returns of the votes cast upon the question of adopting the constitution which shall be submitted by the convention to the people, that the same has not been adopted, it shall be the duty of the governor of the Territory forthwith to issue a proclamation authorizing an election of delegates to form a constitution for the State of Wisconsin, at such time as he may designate. The number of delegates so to be elected in each county, the eligibility of persons to the office of delegate, the qualifications of voters at such election, the manner of conducting the same, and of taking, canvassing, and returning the votes cast at such election, and of making out and delivering certificates of election, shall in all respects be the same as is hereinbefore provided.
SEC. 21. The delegates so elected, under the twentieth section of this act, shall assemble at the representatives' hall, in the capito! at Madison, in said Territory, on the fourth Monday after such election, at twelve o'clock, m., and when so assembled, shall have the same powers and shall perform the same duties and receive the same pay as is hereinbefore prescribed in relation to the delegates first above provided for.
SEC. 22. The superintendent of Territorial property is hereby directed to procure, previous to the assembling of the convention first above provided for, a requisite supply of stationery for the use of the members thereof; and the sum of six hundred and ninety dollars is hereby appropriated out of the Territorial treasury for that purpose, and the further sum of six hundred and ninety dollars is hereby appropriated, to be expended in the same manner, for the use of the second convention above provided for, in case the same shall be authorized by proclamation of the governor as aforesaid, and to be drawn out of the Territorial treasury after such proclamation shall have been issued.
SEC. 23. The annual session of the legislative assembly which is required by law to be held at the capitol, on the first Monday in January next, shall be held at the same place, commencing on the first Monday of February next; and all Territorial officers elected at the last annual session for the term of one year, shall hold their respective offices until the close of said February session, or until others shall be elected and qualified in their stead.
I. P. WALKER,
Speaker of the House of Representatives.
Approved, October 27, 1847:
AN ACT to provide for the payment of the expenses of the special session of the legislative assembly for A. D. 1847.
SECTION 1. Be it enacted by the council and house of representatives of the Territory of Wisconsin: There shall be paid out of the sum appropriated by Congress at its session of A. D., 1846 and 1847, for defraying the expenses of the legislative assembly of this Territory, as follows, viz:
To Mason C. Darling, as president pro tem. of the council, one day, three dollars.
To H. N. Wells, as president of the council, three dollars per day extra for ten days' services, thirty dollars.
To Benjamin H. Mooers, as speaker pro tem. of the house of representatives, six dollars for two days' services.
To I. P. Walker, as speaker of the house of representatives, three dollars per day extra for nine days' services, twenty-seven dollars.
To E. B. Dean, jr., for bill of stationery and other articles furnished for the use of the legislative assembly at its present session, the sum of four hundred and ninety dollars.
To David Holt, postmaster at Madison, for postage on letters, papers, and other documents of the members of the legislative assembly during the present session, one hundred and eighteen dollars and fifty-four cents.
To the Rev. Stephen McHugh, for services as chaplain of the council at the present session of the legislative assembly, fourteen dollars.
To the Rev. Hiram W. Read, for services, as chaplain to the council at the present session of the legislative assembly, fourteen dollars.
To the Rev. John Penman, for services as chaplain to the house of representatives during the present session of the legislative assembly, eighteen dollars.
To George P. Delaplaine, for ten days' services as private secretary of the governor during the present session of the legislative assembly, at three dollars per day, thirty dollars.
To John Ramsdell, for writing done for the legislative assembly at its present session, thirty dollars.
To Eugene S. Turner, for writing done for the legislative assembly at its present session, twenty-four dollars.
To Beison and Dodge, for printing done for the present session of the legislative assembly, the sum of two dollars.
To E. A. Cooley, for printing done for the legislative assembly, the sum of two dollars and ten cents.
To H. A. Tenney, for incidental printing done for the legislative assembly at its present session, including newspapers furnished the members of the assembly, and for newspapers containing the laws of the last session, sent to the clerks of the several counties for distribution, as provided by law, five hundred and eighty-nine dollars and eighty-one cents.
To Beriah Brown, for newspapers furnished the members of the legislative assembly, for printing governor's proclamation, and for incidental printing for the use of the assembly, the sum of one hundred and forty-six dollars and eleven cents.
To W. W. Wyman, for newspapers furnished the members of the legislative assembly at its present session, the sum of thirty-eight dollars and sixty-eight cents.
To Bunner and Stafford, for seventy-eight newspapers furnished members of the present session of the legislative assembly, and for printing done for the same, the sum of five dollars and ninety
To Moritz Schoeffler, for printing one thousand copies of governor's message in German, and five hundred copies in the Norwe. gian language, forty-five dollars.
To James D. Raymond, for printing five hundred copies of the governor's message in the Norwegian language, fifteen dollars.
To Joseph G. Knapp, superintendent of Territoriál property and librarian, the sum of two hundred and twenty-five dollars, being three-quarters of salary from February 4th, A. D., 1847.
To Lafayette Kellogg and Thomas McHugh, the sum of seventy dollars each, for preparing for publication the journal of the present session of the council and house of representatives with indices; and to William R. Smith, the sum of three dollars for writing done for the legislative, assembly at its present session.
To Matthew Norton, the sum of thirty dollars, for services rendered for the use of the legislature, in sweeping and keeping clean the halls of the capitol, carrying wood, &c.
I. P. WALKER, Speaker of the house of representatives. HORATIO N. WELLS,
President of the council.
Approved, October 27, 1847:
Resolution relative to the payment of R. G. Spaulding.
Resolved by the council and house of representatives of the Territory of Wisconsin, That there be appropriated to Roswell G. Spaulding the sum of three hundred and thirty-two dollars, in full for his bill of October 20th, A. D., 1847, on account of labor and varnish for capitol, to be paid out of the Territorial treasury.
I. P. WALKER, Speaker of the house of representatives. HORATIO N. WELLS, President of the council.
Approved. October 27, 1847: