Proviso.

lands, waters, streams, or materials, 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 perform the duties required of them by this act. 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 work to the respective owners and proprietors, or parties interested in the lands, waters, streams or materials 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 to such entries and appraisal, and in like manner, certify their determination as to those several premises which will suffer no damage, or will be benefited, more than injured, by or in consequence of the work aforesaid. And the said corporation shall pay the damages so assessed, and appraised, and the fee simple of the premises so taken and appropriated, shall thereupon vest in the said corporation: provided, however, that if the owner or owners of the lands, waters, streams and materials, so taken and appropriated, shall not make application to said corporation for the payment of damages by them sustained, within one year after such lands, waters, streams, or materials, shall have been taken possession of by the corporation, he, she or they shall thenceforth be barred from the collection of any damages from said corporation, for the lands, waters and streams so used.

SECTION 8. That it shall be lawful for the said corporation, to commence the construction of said. canal at such points on any part of the aforesaid route, as in their judgment may appear expedient and proper; and so soon as any portion of said canal shall be completed, it shall be lawful for said corporation, to erect toll houses thereon, and collect such tolls as said corporation shall dermine and fix for the use of said canal. Company may And said corporation is hereby authorized to borrow borrow money. any sum of money which may in their discretion be

Tolls.

deemed necessary for the proper and efficient prosecution, of the works authorized by this act.

SECTION 9. That it shall be lawful for the directors Powers of diof said corporation, to make from time to time, such rectors. rules and regulations, not inconsistent with the laws of this territory, and of the United States, in respect to the size and structure of boats, rafts and other floats, on the waters of said canal, and the weighing and inspecting of boats and their loading, and in respect to all matters in relation to the navigation of the canals, 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 floats, as shall or may contravene such rules and regulations, in cases where the owner or owners of such boats, rafts, or other floats, shall neglect, or refuse to pay such forfeiture: provided, that no forfeiture so imposed shall for a single offence exceed the amount of actual damages more than 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; and provided also, that the rate of toll for transportation shall not be more Tolls limited. than double the amount charged by the state of Ohio on the Ohio canal in the year eighteen hundred and thirty-two.

ing on the tow

SECTION 10. That any person who shall lead, drive Penalty for ridor ride any horse, ox, ass, mule or other animal, upon path, &c. the towing path, or bank opposite the towing path of the canal hereby authorized to be constructed, except for the purpose of towing boats, or other floating things upon the waters thereof, or for the purpose of conveying articles to and from said canal, in order to their transportion on the waters of the same, or their de livery at their place of destination, shall forfeit for every such offence the sum of five dollars, and shall pay all damages consequent upon such offence over and above the said forfeiture.

obstructing the

SECTION 11. That if any boat or other floating, Penalty for thing, shall be so moved in any of the canals, as to canal." obstruct the navigation thereof; or if any person or persons shall obstruct the navigation of said canal, or cause the same to be done, by means of loading, unloading, misplacing, or otherwise misconducting any

Or doing other injury.

Or give a false

boat or other floating thing, and shall not immediately upon being requested thereto, by any engineer, superintendent or agent of said corporation, employed on said canal, or by any person incommoded by such ob. struction, remove the same, the boatman or person who caused the obstruction, shall forfeit for every such offence the sum of twenty-five dollars, over and above the expense of removing said obstruction.

SECTION 12. That if any person or persons shall wilfully obstruct the navigation of said canal, or its branches, by sinking any vessel, timber, stone, earth or other things, in the same, or by placing any obstruction on the towing path thereof, or on the bank opposite the towing path, such person or persons, shall forfeit for every such offence the sum of twentyfive dollars, over and above the expense of removing the said obstruction.

SECTION 13. That if any person shall wantonly or unnecessarily open, or cause to be opened, or shut, any lock-gate, or paddle-gate, or any waste-gate, 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, such person or persons shall, for every such offence, forfeit the sum of fifty dollars, and pay all damages consequent upon such offence, over and above such forfeiture.

SECTION 14. That if any person shall, willfully and maliciously, break, throw down, or destroy any lock-gate, bank, waste-wire, aqueduct, or culvert, be longing to the canals authorized by this act, such person or persons shall, for every such offence be deemed guilty of a misdemeanor, and on conviction thereof, before the proper court, shall be sentenced to imprisonment in the penitentiary at hard labor for any time, not less than three, nor more than five years, at the discretion of the court; and shall moreover be liable to pay all damages sustained in consequence of such offence.

SECTION 15. That every person who shall knowbill of lading. ingly sign or deliver to any collector, a false bill of lading, with the design of avoiding the payment of tolls, shall be deemed guilty of a misdemeanor, and on conviction thereof before any court of competent

jurisdiction, shall be fined not less than three times the value of the property omitted, or falsely stated in such bill.

SECTION 16. That every collector of tolls, on the Collector may canals herein authorized, may require the master of require oath. any boat, upon exhibiting 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.

be indicted.

SECTION 17. That for all damages done to the said Defendants may canals, the offenders shall be proceeded against by indictment, in the proper courts, and on complaint being made to any judge or justice of the peace of the proper county, against any person or persons, doing any such damage as is mentioned in the preceding sections of this act, it shall be the duty of such judge or justice, forthwith to issue a warrant to the proper officers to arrest and bring before him such offender or offenders. If, upon the return of such warrant, it shall appear to the satisfaction of such judge, or justice, that such complaint is true, he shall commit such offender or offenders, if he or they shall refuse to give security for their appearance to the proper court to answer said complaint: provided, however, that it the offender or offenders, shall pay to such judge or justice of the peace, the penalties, forfeitures, and expenses, which he or they may have incurred, together with the costs of prosecution, such offender or offenders shall be discharged.

the penalty.

SECTION 18. That the captain, or master and the Who liable for owner of any boat or other float, on the canals herein authorized, and likewise the boat or float itself, shall severally be liable for the payment of any penalty or forfeiture, 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 canals or the navigation thereof, or the collection of tolls thereon, by any person navigating such boat, or assisting in the navigation or management thereof, at the time of such violation; and any such boat or other float, may, at the direction of the agents of the corporation hereby created, be prevented from navigating said canal, until such penalty, forfeiture, and

Lien.

Corporation must erect bridges.

When the

structed.

damages, and costs, accrued in prosecuting therefor, shall be fully paid.

SECTION 19. That all materials, that shall have been procured, by any contractor, for the construction of any part of said canal or any work therewith connected, shall from the time they are prepared for transportation to the place where they are to be used, be subject to the lien of the corporation, for all moneys 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 under any execution issued upon any judgment or decree shall in any wise affect said lien.

SECTION 20. That said corporation shall be bound to erect bridges over said canal, at all places where it shall cross any public highway, which shall have been regularly laid and recorded, at the time of the construction of said canal; and where the location of the canal, shall interfere with any road, which shall be in use; and said corporation is hereby authorized to change the location of said road: provided, that before so doing the said corporation shall cause the new road so to be opened to be put in as good repair as the road vacated was at the time of such vacation.

SECTION 21. That said corporation shall commence work to be con- the construction of the works authorized by this act, within three years from the passage thereof, and in default of said commencement being made within said three years, all the privileges herein and hereby granted shall be forfeited by said corporation, and this act shall be null 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, shall be forfeited by said corporation, and the legislature shall have the right to dispose of such part or parts in such manner as to them may seem best calculated to promote the public interest.

Canal may be purchased by the government.

SECTION 22. That the future state of Wisconsin, at any time after its admission into the union, shall have the right to purchase and hold for the use of the state, the canal herein authorized to be constructed, together with all its branches and other im