that said sum is to bear interest from that date till paid, at the rate of eight per centum per annum; which sum shall have that rate of interest, from that date, till paid, in favor of such person and his representatives, or assigns, which said certificate shall be paid when presented to said commissioners, out of the money received by said sales, and such certificates shall be a lien upon the land until payment thereof.

SECTION 20. Any person interested may commence Suits against suit in any court having jurisdiction, against any tres- trespassers. passer or trespassers, on said lands, or any part thereof, in the name of the owners of the Sac and Fox half breed lands, to recover damages for such tresspasses, and prosecute the same to a recovery on execution, and the amount recovered shall belong to the person so commencing and prosecuting the suit, who shall be responsible for the costs. And it shall not be necessary to specify in such suit the names of said owners as plaintiffs, but in other respects such suits should be conducted as similar suits in other cases, and damages assessed and recovered on the same principles: provid- Proviso. ed, that if said commissioners of sale shall cause such suits to be prosecuted, any expenses on their part may be paid out of the proceeds of said sales; and provided, that no such suits shall be brought, for a trespass committed on any part of said land, after the same has been, sold and conveyed by the commissioners.

ers of sale.

SECTION 21. The said commissioners of sale, before oath and bond entering upon their duties, shall take an oath faithfully of commissionto discharge their duties as commissioners, and shall give bond and security, to be approved of by the judge of the district court of the said county of Lee, in such sum as the judge shall deem reasonable, for the faithful discharge of their duty, under this act, and for accounting and paying over the proceeds of any sales made agreeably to the provisions of this act. And on

application of any party interested, the court may rule the said commissioners, or any of them, to give other securities, or in a larger amount; and upon proof of neglect of duty, or misconduct, or upon failure to give the requisite security, the judge of the said court may remove any of said commissioners, in which case, as on the occasion of the death or resignation of said commissioners, or any of them, or in case of a vacancy Vacancy, how in said board from any other cause, the judge shall ap

filled.

In case of joint tenants and trustees.

Publication of this act.

point others to supply the vacancy, who shall be qualified and give bond as aforesaid.

SECTION 22. If any person interested in said property should hold their interest therein as joint tenants or trustees, for the use of any other person or persons, it shall and may be lawful for the said court, to enter judgment or decree in favor of such trustee, for the amount of interest to which they may be jointly enti tled, in that character, and to appropriate the proceeds of the sales of the lands to said trustees in accordance with said judgment or decree-first paying, however, the debts which may be owing to any person or persons, contracted by the said trustees, or either of them, or by the cestui que trust, or either of them, in the purchase of the interest or any part thereof, adjudged or decreed to the said trustees, out of the share of the money which said trustees would be entitled to receive from the proceeds of sale.

SECTION 23. It shall be the duty of the secretary of the territory, to have an attested copy of this act published in two months after the passage thereof, in a newspaper published in each of the following places, to-wit: Burlington, Wisconsin territory, St. Louis and Liberty, Missouri, Vandalia and Alton, Illinois, once a week for three months, successively, affidavits of which fact shall be filed among the proceedings of said. court; and the expense of said printing shall be paid out of the proceeds of the sales of said land, as other expenses are paid.

SECTION 24. Nothing in this act shall be so construed as to give any power or authority to any of the commissioners appointed under this act to exercise any authority over any lands excepting those included within the line now known and designated as the half breed lands, and which terminates on the Mississippi river near the town of Fort Madison.

Approved January 16, 1838.

No. 55.

AN ACT to establish and regulate ferries in the county of Milwau kee and the counties thereto attached for judicial purposes.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That all fer

under the con

ries in the county of Milwaukee, and the counties Ferries placed thereto attached for judicial purposes, are hereby trol of the counplaced under the general supervision of the county ty commissioncommissioner of the aforesaid county.

ers.

tion necessary.

SECTION 2. That in all cases where an application Thirty days' nois made for the keeping of a ferry across any creek, tice of applicariver, lake or other water where any public road or highway is established, the person or persons so apply. ing, shall give public notice, at least thirty days previous to making such application, of his, her, or their intention to apply for such ferry, in some newspaper printed in the county, or by setting up at least five written or printed notices in the most public places in said county.

to the best bid

SECTION 3. The county commissioners at any Privilege given regular session, after being satisfied that notice has der. been given as before required, shall make out a list of rates for such ferry and offer the said ferry for rent, and lease the same to the highest and best bidder for the term of two years, by crying the same at the court house door, at least two days in succession, at the hour of eleven o'clock, A. M. on each day. And in all cases where the owner or owners of the land ad- owner of the joining any such ferry, shall appear at the time the land to have same is offered, and apply for the said ferry, he, she, or they shall have the right of preference to the lease thereof, at the highest and best price offered for the same, on complying with the provisions of this act.

preference.

men.

SECTION 4. That each ferry keeper shall be fur- Duties of terrynished and provided with a good tight boat or boats, if more than one be necessary, and other small craft, of sufficient number, size and dimensions, strength and steadiness, for the safe and speedy transportion of all passengers, their horses, cattle, and other animals, as well as their goods, chattels and effects. And the said boat or boats, and other small crafts, shall at all times be well furnished with suitable oars, setting poles, rigging and other implements necessary for the service thereof, and also with a sufficient number of men, with strength, discretion and skill, to manage the same. And such ferry keeper shall at all times keep the place of embarking and landing in good repair, by cutting away the banks and erecting wharves, and causeways when necessary, so that passengers, their teams, horses, and other cattle and property,

Penalty for nonperformance of duty.

may be embarked and landed without danger or unnecessary delay.

SECTION 5. Every keeper of a ferry as aforesaid, shall be required to keep the same at all times in good repair, and shall give constant and diligent attention to the same from day-light in the morning, until dark in the evening of each day, and shall give passage to all public messengers and expresses, to all grand and petit jurors when going to and returning from court, without any fee or reward whatever: provided, no messenger or express shall be considered as being sent on public service within the meaning of this act, unless he shall have been despatched by a commander-in-chief, major or brigadier general, colonel or lieutenant colonel, major or commandant of a military post, or establishment, to the governor or commander-in-chief of the militia of this territory, or vice versa. And the despatch carried by such messenger or express, shall be endorsed "on public service" and signed by the officer sending the same.

SECTION 6. And all such keepers of ferries, if required, except in cases of evident danger, shall give passage during the night to all public messengers and expresses as aforesaid; and also to all other persons requiring the same, on their paying or tendering double the rate of ferriage, or toll, allowed to be taken during the day time. And if any such keeper of a ferry as aforesaid, shall at any time refuse or neglect to give passage to such person or persons, or their property as aforesaid, he or she so offending, shall forfeit and pay ten dollars for every such offence, to the party aggreived, to be recovered before any justice of the peace of the county wherein the offence is committed, and shall also be liable to an action on the case, for any special damages which any such person may sustain, in consequence of such neglect or refusal; but no ferryman shall be required to put off from shore, or to attempt to pass any such water course when it manifestly appears to be hazardous so to do, by reason of any flood, storm, tempest, or ice; nor shall any keeper of a ferry as aforesaid be compelled, except as hereinafter excepted, to give passage to any person or persons, or to his, her or their property as aforesaid, until the fare or toll properly chargeable by such keeper shall have been fully paid or tendered;

T

and every juryman to entitle him to the benefits of this act, shall produce to the ferry keeper the certificate of the sheriff of his county, that he has been duly summoned to serve on the grand or petit jury, at the term of the court to or from which he is going.

too much

SECTION 7. And every such keeper of a ferry as Penalty for tak aforesaid, who shall at any time, demand and take of more than the fare so stated and allowed, by the board of county commissioners, at the time of purchasing of such ferry as aforesaid, shall forfeit and pay to the party aggreived, for every such offence, the sum of ten dollars over and above the amount which shall be thus illegally demanded and taken, to be recovered before any justice of the peace of the county aforesaid. SECTION 8. Each keeper of a ferry in the county Rates of toll to aforesaid, shall be required to cause to be set or be posted up. posted up, in some conspicuous place, immediately' adjoining his or her ferry landing, a painted list of the several rates of fares, which shall be chargeable at such ferry, they being the same prices fixed by the board of commissioners at the time such ferry was sold as before named. Said list of fares or rates as aforesaid shall at all times be painted in a plain, legible manner, and posted up so near the place or places, where persons shall pass across such ferry as aforesaid, that the same shall be open to all such passengers. And if at any time any such keeper as aforesaid shall refuse or neglect to put up such list of rates Penalty for neg or fares as aforesaid, it shall not be lawful to charge any ferriage or toll, or to take any compensation whatever, at any such ferry during such delinquency.

lect thereof.

the order of

Penalty for

SECTION 9. All persons shall be received into Persons to be such ferry boats, or other vessels as aforesaid, and ferried across in conveyed across the watercourse over which the same their arrival. shall be established, according to their arrival or first coming to the said ferry; and if any ferry keeper shall act contrary to this regulation, he shall forfeit and pay the sum of five dollars for every such offence, to neglect. the party aggrieved, recoverable before any justice of the peace of the county wherein such offence shall have been committed: provided, that all public officers, or such as go on public or urgent occasions, as post riders, couriers, physicians, surgeons and mid-wives, shall in all cases be the first carried over where all cannot go at the same time.