Penalty for trayeling, &c. on banks of the canal.

Or for obstructing the same.

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 neg lect, 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.

SECTION 10. That any person who shall lead, drive or ride any horse, ox, ass, mule or other animal, upon 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 convey ing 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.

SECTION 11. That if any boat or other floating, thing, shall be so moored in any of the canals, as to 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 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 ob struction 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 twenty

five dollars, over and above the expense of removing

said obstruction.

injury.

SECTION 13. That if any person shall wantonly or or for wanton 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, belonging 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 know- Or defraud the ingly sign or deliver to any collector, a false bill of collector. 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.

against by in

SECTION 17. That for all damages done to the said offenders to be canals, the offenders shall be proceeded against by in- proceeded dictment, in the proper courts, and on complaint being dictment. 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. And 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.

SECTION 18. That the captain, or master and the 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 discretion of the agents of the corporation hereby created, be prevented from navigating said canal, until such penalty, forfeiture, and 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.

canals exempt

SECTION 20. That every person, actually engaged Laborers on the in laboring on the canals herein authorized, shall be from militia exempt from doing militia duty in this territory, ex- duty. cept in cases of insurrection, or invasion, during the time he is actually engaged; and the certificate of one of the officers of the corporation, or of the contractors who shall employ such men so liable to perform militia duty, in performance of their contracts, shall be prima facie evidence of such engagement.

build bridges.

SECTION 21. That said corporation shall be bound Company must to erect bridges over said canal, at all places where it shall cross any public highway, which shall have been. regularly laid out, 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 to be opened and put in good repair, for the convenience of travel, as the road vacated was at the time of such vacation.

commenced

SECTION 22. That said corporation shall commence Work to be the construction of the works authorized by this act, within three within three years from the passage thereof; and in years 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 and finished years from the passage of this act, shall be forfeited within ten. 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.

sin may pur

chase the
canals.

SECTION 23. That the future state of Wisconsin, State of Wisconat 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 improvements, by paying to the said corporation, the amount actually expended, in the construction and repairs of the same, together with such reasonable interest, not more than seven per centum per annum, as may be agreed upon by and between said state and

་

Dimensions of canals, locks,

&c.

No more water

necessary.

the corporation provided, however, that in case the congress of the United States shall make any appropriation or donation, either in land or money, in aid of the construction of the work by this act authorized, the right to the same shall vest in said state, whenev er the said transfer of the canal shall be made; and the net proceeds of all sales of land and the amount of all money so appropriated or donated, shall be deducted from the amount to be paid to the said corpor ation, for the transfer of said works to the state. And the said corporation are hereby authorized to apply to congress for such an appropriation, in money or lands, to aid in the construction of the works authorized by this act, as congress in its wisdom shall see proper to grant.

SECTION 24. That the said canal shall not be less than forty feet wide at the top water line, and four feet deep. The locks and other structures, to be constructed of cut stone, and in a neat, permanent and workmanlike manner, at least eighty-five feet long in the chamber, between the upper and lower gates, and fifteen feet wide in the clear, between the walls; and all culverts, aqueducts, dams and other fixtures, to be constructed in like permanent manner, of such materials and dimensions as the circumstances of the case may require.

SECTION 25. That said company shall not have to be taken than the right to take the water away from any mill, which shall have been erected by any person on any stream, except for the purpose of feeding said canal, for the purposes of navigation. And be it further provided that nothing herein contained shall authorize said company, to take or use, more water from any stream or fountain, than shall be actually necessary for the economical navigation of said canal, unless they shall have obtained the right to use an excess of water, over and above the quantity required for navigation, from every person or persons, corporation or corporations, lawfully claiming the same.

SECTION 26. That in case the congress of the United States, should make a donation of lands to the aforesaid corporation, for the purpose of aiding in the construction of the before named canal, and the lands so donated, or any part thereof shall be actually improved, and settled upon, by any person or persons,