« AnteriorContinuar »
on the waters of said improvement and weighing and inspecting of boats and their loading, and in respect to all matters in relation to the navigation of said improvement or improvements and the collection of tolls and water rents, and impose such forfeitures of money for the breach of such regulations as they may judge reasonable, and to provide for the detention and sale of any such boats, rafts and other foais, as 'shall or may contravene such rules and regulations, in cases where the owner or owners of such boats, rafts or other floats, shall negleci to pay such forfeiture, Provided that no forfeiture so imposed, shall for a single offence exceed the amount of actual damages more that fifty dollars, and that nothing in this section shall be so construed as to prevent said forfeitures being recovered by action of debt as hereinafter provided. Sec. 11. That is shall be lawful for said corporation by them. What may be
used by corpo selves and by any and every superintendent, agent and engineer, ration. employed by them, to enter upon, and take possession of and use, all and siagular any land, waters, streams and stone or gravel necessary for the prosecution of the improvements authorised by this act, and to make all such feeders, dykes, locks, dams and other works and devices as they may hink proper for making said improvements, doing nevertheless no unnecessary damage, and that in case any lands, waters, streams or stone or gravel taken or ap- Damages for propriated for any of the purposes aforesaid, shall not be given or lands or materi. granted io said corporation, and in case said corporation shall not certained. be able to acquire the title to the same by agreement with the parties concerned, a board of appraisers shall be appointed consisting of three persons, one of whom shall be appointed by the directors of the company hereby incorporated, one by the claimant, applying for damage, and one by the commissioners or supervisors of the county in which said lands, streams, waters or stone or gravel shall be, who shall, before they enter upon the duties of their office severally take an oath or affirmation before some person authorized to administer oaths, faithfully and impartially to preform the duties required of them by this acı. And it shall be the duty of said appraisers or a majority of them to make a just and equitable estimate and appraisal of the loss or damage, if any over and above the benefit and advantage accruing by said works to the respective owners and proprietors or parties interested in the lands, waters, streams or stone or gravel, so taken for the purpose aforesaid. And the said appraisers or a majority of them, shall make regular entries of their determination and appraisal with an apt and sufficient description of the several premises taken and appropriated for the purposes aforesaid in a book or books to be provided and kept by
the directors of said corporation and certify and sign their names lo such entries and appraisals in like manner and certify their determination as to those several premises which will suffer no dam. ages or will be benefited more than injured by.or in consequence of the works aforesaid. And the said corporation shall pay the dam. age, so assessed and app.aised and the fee simple of such land as will be requisite for the canal or improvements for toll houses,
dams, and the buildings connected thereto, shall thereupon vest in C!:imor, barred all
said corporation; Provided however, that if the owner or owners aster ino years of the lands, waters, streams, stone or gravel so taken and appropri
ated, shall not make application to said corporation for the payment of damages by them sustained within two years after such lands, waters, streams, stone or gravel shall have been taken possession of by the corporation, he, she or they shall henceforth be barred from the collection of any damages from such corporation, for the lands, waters, streams, stone or gravel so used; provided however, that if either party shall feel aggrieved by any decision of said board of appraisers, he, she or they shall have the right of appeal to the district court within the county where the damages in question may have been sustained. Provided further, that if the work should be abandoned or allowed to decay, all the lands taken for the use of said corporation shall revert to the original owners, their heirs and assigns.
Sec. 12. That any person who shall lead, drive or ride any Penalty for ri. ding or driving horse, ox, ass, mule or other animal, upon the towing path, or
bank opposite the towing path of the canal or improvement except for the purpose of towing boats or other Apating things upon the waters thereof, or for the purpose of conveying articles to and from said improvement in order to the transportation of the same or their delivery at their place of destination, shall forfeit for every such offence the sum of five dollars, and shall pay all damages consequent upon such ofsence over and above the said forfeiture.
Sec. 13. That if any boat or other floating thing shall be so Penalty for ob- moored in any of the improvements as to obstuct the navigation
thereof, or if any person or persons shall obstruct the navigation navigation
of said improvement or cause the same to be done, by means of loading or unloading, misplacing or otherwise misconducting any. boat or other floating thing, and shall not immediately upon being requested thereto by any engineer, superindendent or agent of said corporation employed on said improvement, or by any person incommoded by such obstruction, remove the same, the boatman or person who caused the same shall forfeit for every such offence the
animals on the tow path.
ries to canal.
sum of twenty ite dollars over and above the expense of removing said obstruction.
Sec. 14. That if any person shall wilfully obstruct the naviga- Same subject. tion of said improvement or its branches, by sinking any vessel, timber, stone or earth or other things in the same, or by placing any obstruction on the towing path thereof or on the bank opposite the icwing path, such person or persons shall forfeit for every such offence the sum of twenty five dollars over and above the expense of removing said obstruction.
Sec. 15. That if any person shall wantonly or unnecessarily Penalty for inju. open or cause to be opened or shut, any lock-gate or paddle-gale, or drive any nails, spikes, pins or wedges into either of said gates, or take any other mode of preventing the free use of either of said gates, or shall wantonly or maliciously break, throw down or destroy any bridge on said canals or improvements, such person or persons shall for every such offence forfeit the sum of fifty Jollars and pay all damages consequent upon such offence, over and above such forfeiture.
Sec. 16. That if any person shall wilfully and maliciously same subject break, throw down or destroy any lock-gate, bank, waste-wier, aqueduct or culvert or feeder belonging to this improvement, such person or persons shall, for every such offence be deemed guilty of a misdemeanor and on conviction thereof, shall be sentenced to pay a fine of not less than three hundred nor more than one thousand dollars, at the discretion of the court, and shall moreover be liable to pay all damages in consequence of such offence.
Sec. 17. That every person who shall knowingly sign or deliver penally for de. to any collector a false bill of lading with the design of avoiding of lading the payment of tolls, shall be deemed guilty of a misdemeanor, and on conviction thereof before any court of competenı jurisdiction, shall be fined not less than three times the value of the property omitted or falsely staied in such bill.
Sec. 18. That every collector of tolls on the improvements Bill of lading to herein authorized, may require the master of any boat upon exhib- be sworn to. iting his bill of lading, to verify it by his oath which such collector is hereby authorized to administer; and any person who shall testify falsely before any collector, shall be deemed guilty of perjury.
Sec. 19. That for all damages done to said improvement, the offenders shall be proceeded against by indictment in the proper proceeded courts, and on complaint being made to any judge or justice of the
against. peace of the proper county, against any person or persons doing
livering false bill
owners of boats
any such damage as is mentioned in the preceding sections of this acı, it shall be the duty of such judge or justice forth with to issue a wariant to the proper officers to arrest and bring before him such offender or offenders, if he or they shall refuse to give securily for their appearance to the proper court to apswer to said complaint; proviiled however, that if the offender or offenders shall pay to such judge or justice of the peace, the penalties, for forfeitures and expenses which he or they may have incurred, together with the costs of prosecution, such offender or offenders shall be
discharged. Masters and Sec. 20. That the captain or master and owner of any boat of liable for daila. other float on the improvements herein authorized, and likewise
the boat or float itsell, shall severally be liable for the payment for any penalty and forleisure, and likewise of all damages which may accrue in consequence of the violation of any of the provisions of this act, or of any order of the board of directors, , duly made and published relating to the improvement or the navigation thereof, or for the collection of toll; thereon by any person navigating such boat or assisting in the management or navigation thereof at the time of such violation; and any such boat or other ficat, may at the discretion of the agents of the corporation hereby created, be prevented from navigating sail improvement, until such penalty, forfeiture or damage and costs accrued in prosecuting thereof, shall
be fully paid. Materials of con
Sec. 21. That all materials that shall have been procured by moneys adsan. any contractor for the construction of any part of said canal or im
provement or any work therewith connected, shall froni the time they are prepared for transportation to the place where they are to be used, be subject to the lein of the corporation for all monies that may have been or shall be advanced by the said corporation during the performance of said contract, and for all damages that may be sustained in consequence of the non-performance thereof, and no sale made by said contractor, or any execution issued upon
any judgment or decree shall in any sense effect said lein. Laborers ex.
Sec. 22. That every person actually engaged in laboring on the anapt fron wili. improvements herein authorized, shall be exempt from militia duty tie
except in case; of insurrection or invasion, during the time he is actually engaged, and the certificate of one of the officers uf the corporation or of the contractors, who shall employ such meu so liable to preform militia duty, in performance of their contracts
shall be prima facie evidence of such engagement. Corporation to
Sec. 23. That the said corporation shall be bound to erect bridges orect bridges.
over said canal or improvemeut at all places where it shall cross
tractors liable for
Act when for.
any public highway which shall have been regularly laid out and recorded at the time of the construction of said improvement, and where the location of said improvement shall interfere with any road which shall be in use, and said corporation is hereby authorized to change the location of said road, provideil, that before so doing, the said corporation shall cause the new road to be opened and put in as good repair for the convenience of travel as the road vacated at the time of such vacation.
Sec. 24. That said corporation shall commence the construc- Work when to tion of the works authorized by this act within three years from the be cominenced. passage thereof, and in default of said commencement being made within three years, all the privileges herein and he eby granted, shall be forfeited by said corporation, and this act shall be null felled and void and of no effect, and the right to construct so much of said works which are by this act authorized, as shall not be completed within ten years from the passage of this act, all bon ficheired by said corporation, and the Legislature shall have the right tu dispose of such part or part; in such manner a : tu thein [ian] may seem best calculate to promote the public interest.
Sec. 23. That the future Territory or Sale of Wisconsin at any When Territory time after its admission into the Union, shall have the right to pur- stock"
Imay purchase chase and hold for the use of the Territory or State', the canal an! improvement herein authorised to be con tructed, together with all of its branches and other works and improvements, by paying to the said corporation the amount actually expended in the construction and repairs of the same, logether with such reasonable interest not more than seven per cent per annum, as may be agreed upon by and between the said Territory or State and said corporation : provided however, that in case the Congress of the United States may have made, or shall make any approp-iation or donation, either in land or money in aid of the construction of the work by this act authorized, the right of the same shall rest in the Territory or State whenever the said transfer of the canal or iinprovement shall be made; and the nelt proceeds of all sales of landi, and the amount of all money so appropriated or donate.l, shall be de:ducted from the amount to be paid to the said corporation for the transfer of said works 10 the Territory or State; and the said corporation are hereby authorized to apply to Congress for such appropriation or dunation in money or lands to aid in the construction of the works authorized by this act, as Congress in its wisdom may see fit to grant. Sec. 26. That the canal or improvement shall not be less than Description of
canal, locks and forty feet wide at the top water line, and four feet deep; the locks