value as made by said commissioners, and the decision of a majority of said board, shall be final and conclusive in all matters of registry or other duties required of them by this act. to take place and SEC. 9. The Canal lands shall be offered at public sale at the stated periods and in the manner following, to wit; on the fourth Public sale when Monday of June, in the year 1839, in case the canal shall be so what lands to be soon located, and the lands appropriated therefor, designated and seld. set off by the Secretary of the Treasury, there shall be offered for sale, all the tracts entered and registered by the commissioners as occupied or improved lands, Provided however, if the said lands shall not be so designated and set off, before the said fourth Monday in June, 1839, then the day of sale shall be adjourned by the Governor to such time as he shall fix, of which, he shall give at least three months notice by proclamation, Provided further, that after the commencement of said sale it shall be lawful for the Register and Receiver to adjourn the same from time to time, not exceeding thirty days if they shall think such further adjournment expedient or necessary. thorised to issué chasers. SEC. 10. Public notice shall be given by the Governor, at least three Notice of sale. months previous to the time of holding any sale of the Canal lands, and the Governor is hereby authorized and empowered on behalf of Governor authe Territory, to make out and deliver patents to purchasers of any patents to pur lands which shall be sold agreeably to the provisions of this act, upon receiving the duplicates and returns of the Register and Receiver, after the close of each sale. Provided, however, That no delivery of any patent shall be made to any purchaser of said lands, until said purchaser shall have paid for the same or made out and executed, and deposited with the Register, at his own expense, such securities as are hereinafter provided for the payment of any sums which may become due for the purchase-money of any of said lands, and the said Register shall record all patents executed by the Governor in a book to be kept for that purpose, and immediately follownig the record of said patents he shall record the mortgage given by said purchaser, as collateral security, for the payment of the purchase-money for said lands, which record shall be the only public notice required of the existence of the lien held by the Territory, and said lien shall have preference over any other which may be granted on said land by the purchaser thereof, to any other person or persons whatever. The Register recording such patent and mortgage, or either of them, shall receive no fee therefor. SEC. 11. The Canal lands, except the minor sub-divisions and town lots, provided for in the eighteenth section of this act shall General provis ment of lands sold. Lands to be sold be put up for sale in tracts of eighty acres or fractions under one in legal subdivisions. hundred acres, agreeably to the legal sub-divisions as exhibited on the plots of public surveys and for each tract of land sold as ions for the pay. aforesaid, the sum of ten per centum shall be paid to the Receiver, on the delivery of his duplicate certificate of purchase, and all lands sold on any day, the certificate for which shall not be applied for, and for which said sum of ten per centum on the purchase money shall not be paid before the commencement of the sale on the day following, shall be forfeited and again put up to sale on the next succeeding day of the sale, and the person who had se bid off and forfeited said land, shall thenceforth be precluded from again being a bidder during the continuance of said sales, and for any balances which may be due for any lands sold over and above the said ten per centum, a bond and mortgage shall be taken in the name of the Territory of Wisconsin, conditioned for the payment of one-fourth part of said balance within five years from the day of sale, another fourth part thereof within six years from the day of sale, another fourth part within seven years, and the remaining fourth part, within eight years from the day of sale; and on each of said payments interest at the rate of seven per centum per annum shall be paid semi-annually, from the date of sale, until the principal sums shall be discharged except in the case of lands registered as occupied or improved, and sold at the first sale, as provided in this act, on which no interest shall be payable, until after the twenty-second day of June, in the year 1840; but thereafter, the same rate of interest shall be paid thereon, and be under the same regulations and conditions as in other cases. In default of the payment of either principal or interest in any case at the time when the same shall be due, or within sixty days thereafter, it shall be the duty of the Register to give public notice of such defalcation, in some newspaper of general circulation in the county where the mortgaged lands may be situated, or in the county of Milwaukee, for the term of three months; and if, at the expiration of said three months, the amount then due, either of the principal sum or for interest thereon, shall not have been paid, the whole contract shall be deemed to have become matured, and all sums which would thereafter fall due on said bond and mortgage, shall be deemed to have become due, and it shall thereupon be the duty of the Register and Receiver to expose to public sale the tract of land on which such delinquency shall have accrued, and sell the same to the highest bidder, and the Register shall enter the proceeds of such sale to the credit of the original holder, in payment or part payment (as the case may be)of all sums which would thereafter fall due, agreeably to the tenor of said bond and mortgage; and in case the said land should sell for a sum instituted. SEC. 12. If in any case of foreclosure, as aforesaid, the mortgaged premises shall sell for a less sum than the amount of purchasemoney and the interest then due and unpaid, it shall be the duty of Suits when to be the Register and Receiver to institute a suit for the balance in the name of the Territory of Wisconsin, in the District Court of the county of Milwaukee, by action of debt and recover judgment for the's same, together with all costs of sale by foreclosure, and such other costs as may be by law taxable in said District Court, and for all services of the Register and Receiver, in foreclosing, selling, and prosecuting for balance due, they shall be entitled to receive an amount equal to one per centuin on all sums for which said land shall be sold, and one per centum on all balances recovered and received on any judgment against such delinquent debtor except on judgment for their own fees and the costs of court. General provis SEC. 13. Whenever any tract of land shall be sold by virtue of a mortgage as before mentioned, the purchaser thereof at the ions concerning time of sale shall pay to the Receiver, ten per centum on the lands. sale of mortgaged What lands to be reserved from sale. amount of such sale and also all sums, both of principal and interest, which shall then be due agreeably to the tenor of said mortgage, together with all costs which shall have accrued by advertisement and sale of said land, for which sum of money the Receiver shall give said purchaser credit as an amount paid on the purchase of said land, and for any balances which may be due for the purchase of said land after deducting the amount so paid. Instalments of the same amount (if the land shall sell for so much) shall be made at the same periods at which they would have become due agreeably to the tenor of the mortgage which shall have been foreclosed, and a bond shall be taken of said purchaser, together with a mortgage on said premises as collateral security for such future payments in the same manner, with the same interest, and subject to the same conditions as was stipulated in the mortgage so foreclosed. SEC. 14. Any of the Canal lands which shall be occupied by the Canal or any of its branches, feeders, reservoirs, basins, or other works, appurtenant thereto, and all materials necessary to the construction of any works thereto appertaining, shall be and the same are hereby reserved from sale and subject to the uses and purposes of said Canal, and the officers, agents, and contractors of the Canal Company, being empowered by, and under the direction of the Canal Commissioners, are hereby authorised to take and use such materials without cost, and the said commissioners are hereby authorised and required to withhold from sale all tracts of land, any considerably [considerable] portion of which will be probably flowed or occupied by the Canal, its reservoirs, or basins, until the iand so flowed can be ascertained, and all streams of water which it may be expedient to use for the purposes of said Canal, shall be reported to the Governor by the said commissioners before the day appointed for any sale of said Canal lands, including such streams of water or of the lands of the United States adjoining thereto, whereupon the Governor shall by proclamation, give notice that said streams of water will be taken and used for the purposes aforesaid, and all purchases of land bordering on said streams, shall be made subject to the diversion of said streams of water for the purposes aforesaid; Provided, that nothing herein contained shall be so construed as to authorize the Canal Commissioners, agents, officers, or contractors of the Canal Company to take, use, or divert any material or sucam of water for the construction of said Canal, to the injury of any person or persons, without first paying for the same, Provided, said lands should have been occupied or improved prior to the twenty-sixth day of July, 1838; the amount of damage to be ascertained, in case the parties cannot agree, by three appraisers ; one to be chosen by the person claiming said damages, and one to be chosen by said Canal commissioners; and in case the parties cannot agree on the third person, the two already chosen shall choose the third; and said appraisers shall proceed to examine and assess the damage, if any, and make out and sign a certificate stating the amount; said certificate to be given to the person to whom the damage is awarded, which shall be his authority to receive payment, and shall be considered a sufficient voucher for the Receiver to pay the same. Provided, that nothing herein contained, shall be so construed as to prevent the Canal commissioners from reserving a sufficient quantity of land for the use of said Canal. duties. SEC. 15. The Governor by and with the advice and consent of A Chief Engi. the Council, shall appoint a competent and skillful engineer, who neer to be appointed. shall be known as the Chief Engineer, whose salary shall be three thousand dollars per annum, subject however, to be removed at the pleasure of the Governor; and it shall be the duty of the Chief Engineer to superintend the progress of the Canal; to make or His salary and revise the estimates for work done thereon, and certify the same to the proper officer for payment, and to do generally, whatever may be required of him by law, consistent with his said office, and make report to the Governor thirty days previous to the annual meeting of the Legislature, the condition of the Canal, and generally such information, views, and opinions as may be properly submitted by him, touching the interests of the Territory in the progress of the construction of the Canal, together with such other matters as may be referred to him professionally, and said Engineer shall have power to appoint under the [the] approbation of the board of commissioners, such inferior officers and agents as they may judge necessary to be employed, and allowed such compensation as may be just and reasonable. The said Engineer shall make a survey and examination of the route of said Canal as soon as may be after the same shall be located, and before any contracts shall be given out for its construction, and the plans and estimates of the cost of said improvement, together with an estimate of the probable time required for its construction, shall be by him returned on his oath to the Governor, to be laid before the Legislative Assembly at the next annual session, and if the cost of said work shall, in the opinion of said Engineer, exceed the sum of one million two hundred thousand dollars, no contracts for its construction shall be given out until authorised by future acts of the Legislature. The said Engineer shall also examine the route of said Canal as the same shall be |