how called. Extra sessions hereby authorized to hold extra sessions in case they may think the business of the county requires the same; and notice from any two of the said commissioners to the third, shall be considered a sufficient call for said extra session, due notice thereof being given, and that no such extra session shall exceed three days. Supervisors to deliver up books and pa pers. SECTION 23. That the board of supervisors heretofore existing in the several counties in this territory shall, upon the first meeting of said commissioners upon demand, deliver over to them all books, papers, accounts and demands, of whatever nature, belonging Penalty for fail to said county; and upon failure so to do, may be indicted for misdemeanor in office. ure. Repealing clause. SECTION 24. That all acts or parts of acts contravening any of the provisions of this act sball, from and after the first organization of the board of county commissioners, in the several counties under the provisions of this act, be, and the same are hereby repealed and of no effect. Approved December 20, 1837. No. 8. AN ACT to amend an act entitled "an act to incorporate the bank of Wisconsin." SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That so much of an act entitled "an act to incorporate the bank of Wisconsin," as prohibits any incorporated company from holding stock in the said bank of Wisconsin, is hereby repealed. Approved, December 20, 1837. No. 9. AN ACT to locate and establish a territorial road from the town of SECTION 1. Be it enacted by the council and house of Commissioners. representatives of the territory of Wisconsin, That Samuel Sanburn, Jesse Meachum and George S. West are hereby appointed and constituted a board of commissioners, to locate and establish a territorial road from the town of Milwaukee, on Lake Michigan, to Janesville on Rock river. SECTION 2. And be it further enacted, That the com- Where to meet. missioners aforesaid, or a majority of them, shall meet at Milwaukee on the first Monday in March next, for the purpose of proceeding to the discharge of their duties as commissioners aforesaid, and they are hereby authorized to adjourn from time to time and from place to place, as a majority of them may agree and determine. SECTION 3. Be it further enacted, That one of said Their duties. commissioners shall act as surveyor, and further, that they do and they are hereby required to employ such number of chain carriers, and other hands as to them may appear necessary for the location of said road; that the said commissioners mark, or cause to be marked, the said road by them located, by stakes in the prairie, at a reasonabie distance apart, and by blazing trees in the timber; that at the end of each mile the said commissioners do cause a large and prominent stake to be set, marking thereon the number of miles from the point hereinbefore named, from which they have last departed. SECTION 4. And be it further enacted, That the commissioners aforesaid, be and they are hereby required to commence and complete the survey and location of said road, as soon as may be practicable after their first meeting. SECTION 5. And be it further enacted, That said surveyor be authorized and he is hereby required to make out a true and correct plat and field notes by him kept in locating said road, within one month from the completion of the survey thereof; and that he make out and file one copy thereof in the office of the clerk of the district court of each county, through which the TER, LAWS-10 contemplated road shall pass; and the clerks of said courts, in whose office said plats shall be filed, shall record the same; and said road, when laid out and established, shall be forever a highway. SECTION 6. And be it further enacted, That the said commissioners be allowed the sum of two and a half dollars per day each, and the other hands such sums as the said commissioners shall contract for, not exceeding the sum of one and a half dollars, each, per day to the laborers; that the said commissioners do, after the completion of the survey of said road, make out, under oath, a true and correct copy of their own, as well as of the services of the hands, charging each county through which the said road may be located, their proportion of the expenses, agreeable to the number of days employed therein; and the board of supervisors (or commissioners as the case may be) of the several counties against whom said accounts may be, shall audit and settle the same: provided, the before named supervisors or commissioners shall not audit the accounts unless they are deemed to be correct by the said officers. SECTION 7. And be it further enacted, That the commissioners aforesaid, before they enter upon their duties as commissioners under this act, shall take an oath before some judge or justice of the peace, well and truly, and without partiality, to discharge the duties assigned them by this act. SECTION 8. And be it further enacted, That the said commissioners, within thirty days after the completion of the survey of said road, shall make out a report of the manner in which they have discharged their duties, including in the said report an estimate of the probable cost of constructing the necessary bridges, and doing all their necessary work, with any other remarks by them deemed pertinent; and that said commissioners file one copy of said report in the office of the clerk of the district court for the counties through which the road shall pass, to be by said clerk recorded and preserved; and shall also make out and forward to the secretary of the territory a plat of the said road, signed by a majority of the commissioners before the next regular session of the legislative assembly. Approved, Dec. 20, 1837. No. 10. AN ACT to authorize and require the board of county commissioners of the county of Crawford to levy a series of taxes, and to defray the expense of building a bridge across the Marrais of St. Friole, in said county. WHEREAS, in accordance with a law of this territory, approved December 3, 1836, entitled "an act to authorize the board of supervisors of the county of Crawford to build a bridge and levy a tax to pay for the same," the said board of supervisors have contracted for the building of the bridge contemplated in said act; and whereas a single tax as authorized only by said act, is found to be insufficient to defray the expense of building said bridge; therefore, SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the. board of supervisors of the county of Crawford, be and the same is hereby authorized and required to levy and cause to be collected, a series of taxes, from year to year, each tax not to exceed one half of one per cent. on all the real and personal property subject to taxation in said county, until the expense of building said bridge be wholly defrayed. SECTION 2. This act to be in force and effect from and after the passage thereof. Approved December 26, 1837. No. 11. AN ACT to prevent forcible entry and detainer. fine. SECTION 1. Be it enacted by the council and house of Forcible entry representatives of the territory of Wisconsin, That no punished by person or persons shall hereafter make an entry into lands, tenements, or other possessions but in cases where entry is given by law; and in such cases, not with strong hand, nor with multitude of people, but only in a peaceable and easy manner; and if any person from henceforth do to the contrary, and thereof be duly convicted, he shall be punished by fine. Definition of forcible entry and detainer. Restitution when made. Mode of pro tain it. SECTION 2. If any person shall enter upon or into any lands, tenements, or other possessions, and detain and hold the same with force, or strong hand, or with weapons, or breaking open the doors, or windows, or other part of a house, whether any person be in or not; or by threatening to kill, maim, or beat, the party in possession, or by such words, or actions as have a natural tendency to excite fear, or apprehensions of danger, or by putting out of door, or conveying away, the goods of the party in possession, or by entering peaceably, and there turning out, by force, or frightening by threats, or other circumstances of terror, or in any other way, that would be a forcible entry, or detainer, at common law, the party out of possession, in such case every person so offending, shall be deemed guilty of a forcible entry and detainer within the meaning of this act. SECTION 3. That a justice of the peace shall have authority to inquire, by jury, as hereafter directed, as well against those who make unlawful and forcible entry, into lands, tenements, or other possessions, and with strong hand detain the same, as against those who having lawful and peaceable entry into lands, tenements, and other possessions, unlawfully and by force detain the same. And if it be found upon such enquiry, that an unlawful and forcible entry hath been made, and that the same lands, tenements, and other possessions, are held, and detained, by force and strong hand, or that the same, after a lawful entry, are held unlawfully, and with force and with strong hand, then such justice shall cause the party complaining to have restitution thereof. SECTION 4. That when any complaint shall be forceeding to ob mally made in writing, to any justice of the peace of the proper county, signed by the party aggrieved, his agent, or attorney, specifying the lands, tenements, or other possessions, so forcibly entered and detained, by whom, and when done, it shall be the duty of the said justice to issue his summons, directed to the sheriff, or any constable of his county, commanding him to summon the person or persons against whom the complaint is made to appear, before such justice, at a time and place to be stated in such summons, not more than twelve, nor less than six days, from the time of issuing such summons, and which shall be served at least |