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- daty." 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.

SECTION 21. That said corporation shall be bound Company must to erect bridges over said canal, at all places where it build bridges. 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

within ten.

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 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. SECTION 23. 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 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

State of Wiscon-
chase the
canals.

sin may pur

Dimensions of canals, locks,

&c.

No more water

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, whenever 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 corporation, 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

necessary.

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 corpora tions, 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,

at the time such lands were donated to said corporation, the said corporation shall sell, to such settler or settlers, the lands so settled upon-one quarter of a section, or one hundred and sixty acres each, (comprehending the improvements of such settlers,) at one dollar and twenty five cents per acre: provided that the settler as before named, shall pay the said corporation for the same, within ninety days from the time the said corporation shall make a demand for said payment; and a failure to comply with the foregoing provisions of this section, on the part of said corporation, shall be considered a forfeiture of their charter, and the same shall be null and void.

Approved January 5, 1838.

No. 24.

AN ACT to establish a territorial road, from Bloomington in Muscatine county, to the forty mile point, on Cedar river.

SECTION 1.. Be it enacted by the council and house of Location of the representatives of the territory of Wisconsin, That Robert road. Baneford, John Vanetia and John Blaycock, be, and they are hereby appointed commissioners to view, make and locate a territorial road from Bloomington in Muscatine county, thence the nearest and best way to the town of Geneva, thence the nearest and best route to Moscow, thence the nearest and best route to the town of Rochester, thence the nearest and best route to the forty mile point on Cedar river.

SECTION 2. Šaid commissioners shall meet in the when and how town of Bloomington, aforesaid, on the first Monday laid out. in May next, or within one month thereafter, and shall proceed to the discharge of their duties underthis act by blazing trees in the timber, and by setting stakes in the prairies, at a reasonable distance apart.

SECTION 3. Said commissioners shall make a map and report of so much of said road as lies in Muscatine county and file the same with the clerk of the board of county commissioners of said county, and also a map and report of so much of said road as lies in Cedar county with the clerk of the board of the county commissioners of the said county.

SECTION 4. Said road when so located according to the above act shall be a territorial road, and the same shall be opened and kept in repair as other county roads are.

SECTION 5. Said commissioners shall receive for their services such compensation as the board of county commissioners may deem reasonable and just, to be paid by each county in proportion to the extent of road so located in said county.

Approved January 8, 1838.

road.

No. 25.

AN ACT to locate and establish a territorial road, from Dubuque to A. Bankston's.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That Jos. T. Fales, John Paul and Andrew Bankston, be, and they are hereby appointed commissioners to lay out and Location of the establish a territorial road, as follows, to wit: beginning at the town of Dubuque, in Dubuque county, thence the nearest and best way to Whiteside's mill, on little Maquoketa, thence the nearest and best way to Andrew Bankston, on the head waters of little Maquoketa, thence the nearest and best way to the settlement westward therefrom, in the county of Dela

When to be laid out.

Compensation

ware.

SECTION 2. The said commissioners, or a majority of them, may meet at the house of John Paul, in the county of Dubuque, on the second Monday in April next, in pursuance of their duties under this act, and proceed so soon thereafter as may be, to lay out and establish said road.

SECTION 3. Said commissioners shall be allowed of commission the sum of two dollars and fifty cents per day for their services, while actually employed in the discharge of their duties.

ers.

SECTION 4. It shall be the duty of the board of county commissioners, of Dubuque county, to audit and allow the accounts of said commissioners; and no part of said expense shall be paid out of the territorial treasury.

SECTION 5. Said commissioners shall make out a report of their doings, under this act, as soon as practicable after the completion of said road, with the probable expense of working and clearing out the same, and shall furnish the clerk of the board of county commissioners of Dubuque county, with a copy of the

same.

SECTION 6. After the road as aforesaid shall be established, agreeably to this act, it shall forever be and remain a territorial road.

SECTION 7. Said commissioners before entering upon their duties, shall severally take an oath faithfully to discharge their duties under this act. Approved January 8, 1838.

No. 26.

AN ACT to authorize the several counties in this territory, to hold and convey real estate, to sue and be sued, and for other purposes.

SECTION 1. Be it enacted by the council and house of Counties may representatives of the territory of Wisconsin, That all hold real estate. deeds, grants and conveyances heretofore made, or which shall hereafter be made and duly acknowledged and recorded, as other deeds conveying any lands, tenements or hereditaments to any county, or the inhabitants of any county, and their successors, or to the county commissioners, or to the governor or to any other person or persons, by whatever form of conveyance, for the use and benefit of any county, shall be good and valid to all intents and purposes, to vest in such county in fee simple or otherwise all such right, title, interest and estate as the grantor or grantors in any such deed or conveyance, had at the time of the execution thereof, in the lands conveyed, and was intended thereby to be conveyed.

SECTION 2. The county commissioners may by And convey, the their order to be entered on their records, appoint a same. commissioner to sell and dispose of any real estate of their county; and the deed of such commissioner under his proper hand and seal for and in behalf of such county, duly acknowledged and recorded, shall be TER. LAWS-13.