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 boat any 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 th■ 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

provements, 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 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 23. That the said canal shall not be less Dimensions of than forty feet wide at the top water line, and four canal and locks. feet deep. The locks 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 24. That said company shall not have a right to take the water 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.

SECTION 25. Be it further enacted, That in case Pre-emption congress shall make a donation of lands to the right secured. said corporation, for the purpose of aiding and assisting in the construction of said canal, and the lands so donated, or any part thereof, shall be settled upon and improved at the time of such donation, the said corporation shall sell to the person or persons so settled upon one quarter section, or one hundred and sixty acres each, comprehending his, her, or their improvement at one dollar and twenty-five cents per acre: provided,

that the person so settled shall pay to the said corporation the amount due for said lands, within ninety days from the time the said corporation make a demand for the same.

Approved January 18, 1838.

No. 72.

AN ACT to authorize Levi Moffett to keep a ferry across Skunk river, at Moffett's mill.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That Levi Moffett, is hereby authorized to establish and keep a ferry across Skunk river in the county of Des Moines, in this territory, for the term of ten years; and that the said Moffett shall have exclusive privilege in landing one-half mile each way above and be low said mill; and further, that the said Levi Moffett shall ferry all persons free of ferriage, who shall apply to cross the said river having business at the mill, and machinery of the said Moffett, and also all persons summoned as grand and petit jurors of the district court of said county.

SECTION 2. That the said ferry shall be subject to all the conditions and requisitions of the several laws of this territory, regulating the tolls and duties of the keepers of ferries in this territory. Approved January 18, 1838.

All electors

No. 73.

AN ACT concerning grand and petit jurors.

SECTION 1. Be it enacted by the council and house of llable as jurors. representatives of the territory of Wisconsin, That all persons who are qualified electors in this territory, shall be liable to serve as jurors in their respective counties as hereinafter provided. The following persons shall be exempt from serving as jurors, to wit:

Exceptions.

the governor, secretary of the territory, judges of the supreme and district courts, county commissioners, county treasurers, clerks of the supreme and district courts, and clerks of the boards of county commissioners, judges of probate, sheriffs, under-sheriffs and deputy sheriff's, coroners, constables, the marshal of the United States and his deputies, and all other officers of the United States, counselors and attorneys at law, ministers of the gospel, officers of colleges, (not including trustees or directors thereof) and preceptors and teachers of incorporated academies or universities and one teacher in each common school, practicing physicians and surgeons, and all persons more than sixty years of age, together with all persons not of sound mind or discretion and subject to any bodily infirmity amounting to any disability; and all persons shall be disqualified from serving as jurors who have been convicted of any infamous crime.

lected and how.

SECTION 2. That it shall be the duty of the coun- Grand jurors, ty commissioners in each of the counties of this terri- when to be se. tory, wherein a district court is directed to be held, at least thirty days previous to the sitting of said court, to select twenty-three persons possessing the qualifications aforesaid, in their respective counties, and to deliver an attested copy of the names so selected, within three days thereafter, to the clerk of the district court of the proper county; who shall thereupon issue and deliver to the sheriff of the county, a venire or summons, under the seal of the court, commanding him to summon the persons so selected as aforesaid, to appear before the said court, at or before the hour of eleven o'clock, a. m., on the first day of the term thereof, to serve as grand jurors, any sixteen of whom shall be sufficient to constitute a grand jury, which said summons shall be served at least five days previous to the sitting of said court, either by reading it to the person to be summoned, or by leaving an attested copy thereof at his usual place of residence.

SECTION 3. After the grand jury is impanneled, it Foreman. shall be the duty of the court to appoint a foreman, who shall have power to swear or affirm all witnesses to testify before said grand jury, and whose duty it shall be, when the grand jury or any twelve of them shall find a bill of indictment, to be supported by good_and_sufficient evidence, to endorse thereon "a TER. LAWS-28.