CHAPTER 188. to be built or constructed by such company, from or within the mouth of said river into Green Bay to such distance as it shall, from time to time deem expedient. And the said company shall also have the right to extend such structure or structures at the mouth of said Peshtigo river, either way, along the shores of Green Bay, on either or both sides of said river, and shall have the right, after condemnation, appraisal and payment for the same as hereinafter provided, to take, use and occupy so much of the land at the mouth of said river, and along and adjacent to the shores of Green Bay, on either side of the mouth of said Peshtogo river, whether under or above water, as they shall deem necessary to the construction, preservation, use or protection of said proposed entrance and harbor, piers or structures, and so much as their engineer or engineers shall certify to them in writing is in his or their opinion requisite, necessary and prudent to possess, have and maintan for the said purposes, or to use and occupy to secure and protect said harbor entrance, or to confine the passage and discharge of the waters of said river within the channel and entrance at the mouth thereof, and within or near the pier or piers or other structures mentioned, or in order to prevent all damage of the passage of the waters of said river into said Green Bay at any point along the banks of said river or shores of said bay by openings or passages occasioned by depres sions in surface, by rise of waters in said river or in said bay, or by abrasions of the shores of said bay or river, or otherwise.

Improvement 4. The right and power is also hereby granted to of channel, &c. said Peshtigo Company to deepen, regulate, change and improve the channel of said Peshtigo river and its tributaries, from the mouth of said river up to such extent as said company from time to time may be disposed to do, either by dams, wing-dams, locks, excavations or otherwise, with a view to the better navigation of said river and its tributaries by vessels, steamers, scows, boats, rafts, logs, masts, timber, posts, lumber or other vessels or materials, with the right in said company to charge and collect at law reasonable tolls for the use of such improvements by others, and with the right to take and hold by deed of gift or purchase, or by con demnation, appraisement and paymenment, as is hereinafter provided, such property as may be necessary to the construction and protection, use or maintenance of

such improvements as said company may make for the CHAPTER 188. better use or navigation of said river.

§ 5. The said Peshtigo company, before entering Duties of Comupon and taking such lands as may not be owned or pany. possessed by them, at and near or within the mouth and along the banks of said Peshtigo river, and along the shores of Green Bay on either side of said river, as may be necessary for the construction or protection of such harbor improvement and entrance for vessels and other water craft, or necessary for the construction, protection or maintenance of convenient landings, wharves or depots within said harbor entrance for rafts, scows, floats, cribs, logs, timber, lumber, vessels and other water-craft that may approach, arrive at or enter the same, or make fast to, or lie or load and unload at, and do business upon, and as may be necessary for the improvement of the navigation and uses of said river and its tributaries, from its mouth up, shall either own or possess such land so to be occupied by said piers, breakwaters, structures, wharves and depots by gift or purchase, or by right of possession or occupation, or shall proceed to have the same condemned, appraised and paid for in the manner hereinafter provided. And all lands, real estate, rights, franchises and property which said company shall acquire by such condemnation, appraisal and payment, under and by virtne of this act, or the act of which this is an amendment, for the purposes of the improvement of the entrance and harbor at the mouth of said Peshtigo river, or for the purposes of improving the navigation of said river and its tributaries from its mouth up, shall be deemed to be acquired for public use. And the said company shall have the right to charge and collect reasonable tolls for the use of said piers, wharves, docks, depots, harbors, and other improvements which may be so constructed by them, as and in the manner provided in their charter, to which this is an amendment.

§ 6. The said company may own and hold the title Title to propto such vessels, steamers and other craft as they may erty, &c. have occasion to build or purchase, or use in connection with their business, and in the transportation of the manufactures, materials or other things incident thereto or connected therewith, and may purchase, take or hold, by deed or lease or otherwise, within or without the State, such wharves, lots, lands, landings, lumberyards, property, stores or storehouses, and may erect and build

CHAPTER 188. such structures, and make improvements thereon, and carry on their business of manufacturing, buying and selling therein and thereon, as shall, in their judgment, promise to prove to their interest and advantage; and may do generally all other acts and things without the State which they might do within the State, and all the property of the said company, whether within or without the State, shall be subject to the debts and liabilities of said company, but the stockholders thereof shall not be individually liable therefor.

Commissioners

lands.

Valuation of lands.

§ 7. In all cases when it shall be necessary for said to appraise company to enter upon and occupy for the purposes herein before specified, any land which shall not belong to said company, the county judge of the county of Oconto shall be a commissioner to appraise the damages and compensation to which the owner of the lands may be entitled for the taking and using of the same. § 8. Said Commissioner, having first taken an oath justly and impartially to appraise the lands required for the use of said company, shall proceed to view the lands so to be appraised, and after such examination and hearing such proof as he may deem necessary to a full understanding of the value of said lands, shall make up and sign his award of the damages, embracing therein a description of the land in respect to which it was found, which award shall be properly acknowledged by such commissioner, and filed in the office of the Register of Deeds of Oconto county.

Grievances.

lands.

§ 9. Either party feeling agrieved by any such appraisal of land or damages, is authorized to appeal therefrom within thirty days after the filing of such award in the office of the Register of Deeds of said county, to the circuit court of said county, by causing a notice in writing to that effect to be served upon the opposite party, or leaving such written notice with said Register of Deeds.

Possession of § 10. If at any time within forty days after such award shall have been made and filed as aforesaid, the said company shall, by any of its officers or agents, pay or make a legal tender to the person entitled to receive the same the amount of such award, if he be a resident of said county, or deposits the same with the county treasurer of said county for the use of such person or persons if he be a non-resident, then immediately upon and after either making such payment, tender or deposit, such company shall be entitled to take possesion of, oc

cupy and use said lands, Provided that in case of an CHAPTER 184 appeal by either party, said company shall be entitled to enter upon and take possession of said lands after depositing the amount of such award with the county treasurer as aforesaid, and the owner of such lands shall not be entitled to the possession of such money until the determination of such appeal.

11. This act shall take effect and be in force from and after its passage.

Approved, March 15, 1859.

CHAPTER 134.

AN ACT to amend chapter 195 of the private and local laws of 1857. The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two, of chapter one hundred and Amendment. ninety-five, of the private and local laws of the year eighteen hundred and fifty-seven, is hereby amended so as to read as follows: Also, to maintain a boom on the south side of said river, commencing at said dam and running up said river in front of lots two and three, in section twenty-six, and lot one, in section twentythree, in said town twenty-eight, with the privilege of swinging a boom across said river, at the head of said boom, in front of lot two, section twenty-five, in said town twenty-eight, for the purpose of divding logs, whenever the convenience of the parties named in the first section shall require the same; Provided, That said boom shall be so constructed as not to prevent the free and unobstructed passage of all rafts, logs and other lumber passing down said river belonging to other per

sons.

§ 2. Section 3 of of said chapter is hereby amend- Ib.-damages. ed by adding the following thereto: Any damage which may be sustained by any person, by reason of the swinging of a boom across said river, in front of said lot two (2), section twenty-five, as authorized by the preceding section, may be ascertained in the same manner and with like force and effect as herein before provided, in relation to the overflowing of lands by the erection of said dam, with like privilege of appeal. Approved March 15, 1859.

CHAPTER 135.

AN ACT to amend chapter 196 of the laws of Wisconsin for the year 1852, entitled "an act to authorize the company therein named to extend their road.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. Sections twenty-two and twenty-three of chapter 196 of the laws of Wisconsin for the year 1852, are hereby so amended that the time for the commencement and completion of the extension of the road therein named is extended for the term of ten years from and after the time limited by said section twenty-three; and said sections shall have the same effect and be in as full force as if the time herein provided for the construction of said road had been originally embraced in said sections, and all act or parts of acts, so far as they contravene the provisions of this act, are hereby repealed.

2. This act shall take effect and be in force from and after its passage.

Approved March 15, 1859.

Declared vaca

ted.

CHAPTER 136.

AN ACT to vacate certain blocks and streets in the village of Waupun.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. Blocks "A" and "B," in the village of Waupun, except lots one and two in said block "B," and Mill and Centre streets, in said village, except eight rods of the east end of said Centre street, are hereby declared vacated, and it is the opinion of the legisla ture that the purposes sought to be obtained by the passage of this act, cannot be obtained under the proprovisions of any general law of the state.

§ 2. This act shall take effect and be in force from and after its passage.

Approved March 16, 1859.