less than ninety feet in length, and sixteen feet in width, whenever the river below said dam shall be so improved as to allow the ascent of such boats, barges, batteaux or other water craft up said dam.

SECTION 3. If, by the erection of said dam, any Damages to be lands shall be flowed to the injury thereof, the owner paid for. of said lands shall be entitled to damages, to be ascertained as hereinafter prescribed; but no action of trespass shall be had or maintained by any owner or proprietor as aforesaid.

SECTION 4. Whenever application shall be made Mode of estiin writing to any judge of the district court, by, or on mating them. behalf of, any owner or proprietor, whose lands are flowed by reason of said dam, the said judge shall forthwith appoint three disinterested persons, to inquire, and ascertain the damages to the lands thus overflowed, by a view of the premises, and report their opinion, together with the amount of damages, if any, which ought to be allowed for the injury occasioned as aforesaid, which amount shall be paid by the owner or owners of the dam; but no damages shall be allowed to any owner of lands for any supposed injury, where the water does not overflow the banks of said river, and the amount of damages shall depend upon the value or the quantity of land overflowed beyond the banks of said river.

SECTION 5. From the decision of appraisers there Appeal. shall be an appeal to the district court of the county in which said dam is situated: provided said appeal be entered by the party aggrieved in the clerk's office of the county, within twenty days after the award may be made; and if an appeal shall not be taken within the time herein limited, and either party refusing to pay the amount rendered against him, he shall be liable to an action of debt for the recovery thereof, with twelve per centum damages and costs before any court having cognizance thereof. The trial of an appeal from the award of the appraisers, shall be conducted in the same manner as those from justices of the peace.

SECTION 6. It shall be the duty of the owner or Locks. owners of said dam, at all times to keep said lock or locks in repair, and to pass any water-craft as above described, which can be admitted through the same, free of toll without any unnecessary delay.

SECTION 7. Any person who shall destroy or in any manner injure said lock or dam, shall be deemed to have committed a trespass upon the owner or owners thereof, and be liable accordingly to an action for damages; and any person willfully and maliciously doing damage, shall be guilty of a misdemeanor, and punishable by fine and imprisonment: provided, that the imprisonment shall not exceed the term of one year.

SECTION 8. Nothing in this act shall be so construed as to authorize the said Slaughter, his heirs and assigns to construct said dam so as to flow the water back upon the dam, mill, or machinery of any other person already erected, or that may hereafter be erected according to a law providing therefor previous to the commencement of the erection of the dam aforesaid.

SECTION 9. The legislature may at any time so alter or amend this act as to provide for the further improvement of the navigation of the Manitowoc river. Approved January 15, 1838.

To have the

for ten years.

No. 41.

AN ACT to authorize Thomas P. Burnett and Alexander McGregor to establish a ferry across the Mississippi river.

SECTION 1. Be it enacted by the council and house of right of ferriage representatives of the territory of Wisconsin, That Thomas P. Burnett and Alexander McGregor, their heirs and assigns, be and are hereby authorized to establish and keep, or cause to be established and kept, a ferry across the Mississippi river between the east side or bank of said river, at or near the north-west corner of lot number thirty-nine of the private land claims, on Prairie du Chien and Coule des Sioux, on the west side of said river, for the term of ten years from and after the passage of this act: provided, that said ferry when so established, shall be subject to the same regulations and under the same restrictions as other ferries are or may hereafter be by law in this territory, fixing the rate of toll and prescribing the manner in which licensed ferries shall be kept and attended to.

SECTION 2.

limits, exclu

That no district court or board of Within what county commissioners shall authorize any person or give. persons to establish and keep a ferry within one-half mile immediately above, or immediately below the ferry aforesaid: provided, that the said T. P. Burnett and Upon what conAlexander McGregor shall keep a good and sufficient ditions. steam or horse ferry boat, for the transportation of all persons and their property without delay; and provided that said ferry when so established, shall be subject to the same law, and under the same restrictions as other ferries are, or may hereafter be enacted in this territory (or State as the case may be) fixing the rates of toll, and prescribing the manner in which licensed ferries are or shall be hereafter established and attended to. And should the law regulating ferries in any way be violated, and proof thereof be made to the satisfaction of the board of county commissioners of Clayton or Crawford counties, the above charter, if so violated, shall be declared void by said board of county commissioners, and said ferry shall thereafter be disposed of as other ferries are under the law regulat ing ferries provided also, that nothing in this act shall be so construed as to authorize the said Thomas P. Burnett and Alexander McGregor to interfere with the right of any individual on either side of the Mississippi river.

Approved January 15, 1838.

42.

AN ACT to authorize H. F. Janes to keep a ferry.

ferriage for ten

SECTION 1. Be it enacted by the council and house To have the exof representatives of the territory of Wisconsin, That H. elusive right of F. Janes and his heirs and assigns, be, and they are years. hereby authorized to establish and keep a ferry across Rock river, at Janesville, in Rock county, on section thirty-six, of town three north, of range twelve east, for the term of ten years, from and after the passage of this act; and that no ferry privilege be granted to any other person on the section aforesaid: provided, that the proprietor of said ferry will at all times cross,

free of ferriage, all grand and petit jurors going to and returning from court.

SECTION 2. That said ferry, when so established, shall be subject to the same regulations, and under the same restrictions, as other ferries now are or may be hereafter by law in this territory, fixing the rates of töll, and prescribing the manner in which licensed ferries shall be kept and attended to.

SECTION 3. This act to be in force and take effect from and after its passage.

Approved January 15, 1838.

years.

No. 43.

AN ACT to authorize William Walker and Joseph H. D. Street to keep a ferry.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That William Walker and Joseph H. D. Street, their heirs and assigns, be, and they are hereby authorized to establish and keep a ferry across the Mississippi river at Cassville, in Grant county, and for one-fourth of a mile above and one-fourth of a mile below said town, to the west bank of said river, and for one mile below Charter for ten the mouth of Turkey river, for the term of ten years, from and after the passage of this act: provided, said Walker and Street shall keep or cause to be kept, a good and sufficient horse or steam ferry boat, at the place aforesaid, for the safe conveyance of passengers, horses cattle or hogs, across said stream, without delay; and provided also, that said ferry, when so established, shall be subject to the same laws, and under the same restrictions, as other ferries are or may hereafter be, enacted in this territory, (or state, as the case may be) fixing the rates of toll, and prescribing the manner in which licensed ferries are or shall be hereafter estab

Conditions.

Penalty for vio. lished and attended to. And should the law regulatlation thereof. ing ferries in any way be violated, and proof thereof be made to the satisfaction of the board of county commissioners of Grant or Dubuque counties, then the above charter, so violated, shall be declared void by

said county commissioners; and said ferry shall thereafter be disposed of as other ferries are under the laws regulating ferries: provided also, that nothing in this act shall be so construed as to interfere with the right that any individual may have to the lands on either side of said river.

Approved January 15, 1838.

No. 44.

AN ACT to incorporate the Dubuque seminary.

of the corpora

SECTION 1. Be it enacted by the council and house of Name, duration representatives of the territory of Wisconsin, That there and capabilities shall be established at the town of Dubuque, in Du- tion. buque county, a seminary of learning, for the instruction of young persons of both sexes in science and literature, to be called "the Dubuque seminary," and that A. P. Dorimier, Ezekiel Lockwood, Jos. T. Fales, Patrick Quigley, Benjamin Ruport, Thomas S. Wilson and Lucius H. Langworthy, and their associates be and they are hereby enacted a body corporate and politic, by the name and style of "the Dubuque seminary;" by which name they shall have perpetual succession, and power to acquire, purchase, receive, possess, hold, retain and enjoy, to themselves and their successors, property, real, personal and mixed, and the same to sell, grant, convey, rent or otherwise dispose of at pleasure. And they shall by said corporate name have power to contract, and be contracted with, sue and be sued, plead and be impleaded, in all courts of justice; and they shall have and use a common seal, with power to alter the same at pleasure.

SECTION 2. The stock of said seminary shall con- Capital stock. sist of shares of ten dollars each, which shall be deemed personal property, and shall be transferable on the the books of said corporation, in such manner as may be prescribed by the board of trustees hereafter men

tioned: provided, that the annual income of said cor- Income limited. poration (not including tuition, however) shall not exceed the sum of one thousand dollars, and that its funds, privileges and immunities, shall be used for no other purpose than that of education.