TITLE 9. into his custody all books, papers, matters and things there found, belonging to the canals, and to deliver the same to the acting canal commissioner, or his authorised agent; and the officer to whom such warrant shall be delivered, shall execute the same according to its purport.76 Who ineligible as collector, &c. Certain off cers not to be beats. $ 185. No person owning any hydraulic works dependent upon the canals for their supply of water, or who shall be employed in or connected with any such works, or who shall be engaged in transporting property upon the canals, or who shall own, or be interested in, any boat, navigating the same, shall be employed as a superintendent, lock-keeper, collector of tolls, weigh-master, or other agent upon the canals.77 $186. No canal commissioner, or any member of the canal board, interested in shall own, or be interested in, any hydraulic works dependent on the canals for their supply of water, or own, or be interested in, any line of boats, regularly navigating the canal; and if any commissioner or member of the canal board, shall, at any time after the expiration of six months after this Chapter becomes a law, be, or become so interested, he shall forfeit his office. Collectors, $187. Every collector of tolls, the clerks of each collector, not from certain exceeding two, having the collector's certificate that they are actually &c. exempt duties. Penalties how recovered. Before whom. "float" and employed by him, and all superintendents of repairs, lock-tenders, inspectors of boats and weigh-masters, shall be exempted from the performance of military duty, and jury service, while actually engag ed in their respective employments on the canals, while the same are navigable.78 $188. All suits for penalties and forfeitures imposed in any Article of this Title, or for damages, in behalf of the state, shall be prosecuted in the name of the people of this state, by such persons and in such manner as the commissioners of the canal fund, in their regulations, shall direct; and all monies recovered therein, shall be accounted for and paid over to such commissioners.79 S 189. Every such penalty or forfeiture, not exceeding the sum of fifty dollars, may be recovered before any justice of the peace in any county.79 Definition of $ 190. The term "float," as used in this Title, shall be construed master." to embrace every boat, vessel, raft, or floating thing, navigated on the canals, or moved thereon, under the direction of some person having the charge thereof; and the term "master," as so used, shall be construed to apply to every person, having for the time, the charge, control, or direction, of any such float. (76) Laws of 1820, p. 187, § 12. (77) Ib. 1826, p. 363, § 30. (78) Ib. 1827, p. 227, § 27 (79) Ib. § 28. ART. 1. $191. If any person against whom any forfeiture shall be recovered under the provisions of this Title, shall not immediately pay Executions the full amount of the judgment so obtained, the court by which such for penalties. judgment shall be given, shall, without delay, issue an execution against his property or person, at the election of the party prosecuting the suit. bar to danra $192. The imposition or recovery of any penalty or forfeiture, Penalty no imposed for the violation of any provision of this Title, shall not be ges. considered a bar to the recovery of any damages, resulting from such violation, to the state or to individuals. $193. The comptroller shall prepare the forms of all clearances, Forms. bills of lading, statements, and other papers necessary to be used under the provisions of this Title, and shall from time to time, transmit the same to the different officers and agents on the canal, for whose use they may be required. water to be $194. No more water shall be taken into any level of either of How much the canals, than shall be sufficient to supply such level during the taken. days of the greatest business, and also to supply any other level of the canal, or other public work of the state, dependent upon such level for a supply of water. $195. Every waste-weir upon the same level as either of the ca- Waste-weirs nals, shall be constructed, as nearly as may be consistent with the safety and convenience of the canals, of the same height, but in all cases so, as to leave a depth of at least four feet water in the level; and there also shall be constructed one waste-gate, as nearly opposite to the mouth of every feeder taken into the canal, as the convenient discharge of the water will permit. ART. 2.--Of the officers entrusted with the superintendence of the Onondaga salt springs. Onondaga salt springs. ART. 4.-Regulations and penalties concerning the use of salt water, and the manufacturing of salt. ART. 5.-Regulations and penalties concerning the inspection, packing and removal ART. 6.-Miscellaneous provisions applicable to the Onondaga salt springs. ARTICLE FIRST. General Provisions. SEC. 1. Salt springs, &c. to remain property of state. 2. A duty of 12 cents upon salt manufactured in westeru district. TITLE 10. SEC. 3. Salt manufacturers west of Seneca lake to make return and pay duty. 4. Two hundred and fifty dollars forfeiture for neglect. Salt springs property of state. Duty on salt, Ib. Ib. Officers, Bond of su perintendent § 1. The salt springs belonging to this state, and the lands contiguous thereto, which may be necessary or convenient for their use, are to be and remain the property of the state; and the legislature can never sell or dispose of the same, nor of any part thereof.80 S2. There shall be paid and collected, upon all salt manufactured in any of the counties which, on the fifteenth day of April, one thousand eight hundred and seventeen, were included in the western district of this state, a tax or duty of twelve and a half cents per bushel; which duties shall continue to be appropriated as declared in the second Title of this Chapter.81 $ 3. The duties on all salt manufactured in any of the counties west of the Seneca lake, shall be paid to the treasurer of the state; and it shall be the duty of the owner of every salt manufactory, in either of those counties, on the first days of July and January in each year, to make a just and true return to the comptroller, on oath, of all salt manufactured at such manufactory, during the six months next preceding such return, and then, to pay the duties thereon.82 S4. Every such owner who shall neglect to make the return or pay the duties above provided, shall forfeit for every offence, to the people of this state, the sum of two hundred and fifty dollars. 82 ARTICLE SECOND. Of the Officers entrusted with the Superintendence of the Onondaga Salt Springs. SEC. 5. Superintendence of salt springs vested in superintendent and inspector. 6 & 7. Superintendent to give bond; to be filed in comptroller's office. 8. Shall employ deputies, to reside in Salina, Geddes, Syracuse, and Liverpool. 9. Deputies to take oath and give bond. 10. Inspector to give bond; to be filed with comptroller. 11. To attend personally to his duties; may employ deputies. 12. Deputies to take an oath. $5. The care and superintendence of the salt springs, in the town of Salina, in the county of Onondaga, shall continue to be vested in the superintendent of the Onondaga salt springs, and the inspector of salt in the county of Onondaga, according to the provisions of this Title.83 $6. Every person hereafter appointed to the office of superintendent of the Onondaga salt springs, shall, within thirty days after he shall receive notice of his appointment, and before he enters upon the execution of the duties of his office, execute a bond in the sum of thirty thousand dollars, to the people of this state, with not less than five (80) Cons. art. 7, § 10. (81) Ib. Laws of 1817, p. 304, § 6 (82) Laws of 1821, p. 236, § 25. (83) The provisions of Art. 2, to Art. 6, both inclusive, were compiled, except where otherwise noted, from the act of the 21st of April, 1825; Laws of 1825, p. 453. 'sufficient sureties, to be approved of by the comptroller, whose appro- ART. 2. bation shall be endorsed on the bond, conditioned, that such person shall and will faithfully and honestly, execute and perform the duties of the office of superintendent of the Onondaga salt springs, and in all things comply with, and conform to, the several provisions and regulations, that are or shall be established by law, concerning the office and duties of such superintendent. $7. Such bond shall be filed in the office of the comptroller, and n. shall be deemed to extend to the faithful execution of the duties of the office of superintendent, by such person, until a new appointment of superintendent be made, and a new bond given thereupon. $8. The superintendent shall appoint and employ so many depu- Deputies. ties as shall be necessary for the accommodation of the public, one of whom at least shall reside in each of the villages of Salina, Geddes, Syracuse, and Liverpool; and for all the acts of his deputies, the superintendent shall be responsible. Every such appointment shall be in writing, and shall be filed in the clerk's office of the county of Onondaga. $9. Each of the deputy-superintendents shall, before he enters Their bond. upon the duties of his office, take and subscribe the oath of office prescribed by the constitution, and file the same in the clerk's office of the county of Onondaga. He shall also give a bond, with sufficient sureties, to the superintendent, in such sum as the superintendent shall require, conditioned for the faithful discharge of his duties as deputy-superintendent, and for the faithful and punctual payment to the superintendent, of all monies which he shall from time to time receive, as such deputy, and as often as the same shall be required of him, by the superintendent. $10. Every person hereafter appointed to the office of inspector Inspector. of salt in the county of Onondaga, shall, before he enters upon the duties of his office, execute a bond to the people of this state, in the sum of two thousand dollars, conditioned for the faithful performance of all duties required of him by law, with sufficient sureties, to be approved of by the superintendent of the Onondaga salt springs. Such bond shall be transmitted by the superintendent to the comptroller, and be filed in his office. S11. The inspector shall attend personally to the duties of his of- Ib. fice, and shall appoint and employ so many deputies, for each of whose acts he shall be responsible, as shall be necessary for the accommodation of the public, at least one of whom shall reside in each of the said villages. $ 12. The deputy-inspectors shall, before they enter on the duties of Deputies. their office, take and subscribe the oath prescribed by the constitution, and shall file the same in the clerk's office of the county of Onondaga. TITLE 10. ARTICLE THIRD. Of the General Duties, Powers and Liabilities of the Officers connected with the Onondaga Salt Springs. I. Joint duties, &c. SEC. 13. To prescribe rules and regulations concerning the manufacturing and inspection of salt, &c. 14. Where no penalty prescribed for violating such rules, &c. officers may fix them, but at no more than 10 dollars. 15. Rules, &c. to be printed and posted up. 16. Superintendent and inspector to report to legislature. 17. Superintendent and inspector to meet first Monday in every month. 18. In case of disagreement between superintendent and inspector, first judge of Onondaga to decide. II. Duties, &c. of each of the officers. 19. Superintendent and inspector to keep an office in Salina, Geddes, Syracuse, and Liverpool. 20. Offices to be kept open from sunrise to sundown. 21. A list of deputy-superintendents to be posted in office of superintendent. 22. Officers connected with salt springs, and their deputies, to prosecute for penalties under this Title. 23. If suit wilfully commenced by any officer, party aggrieved may sue him in an action on the case. 24. Said officers to prosecute for trespasses upon lands of state at Salina. 25. No officer to be concerned in the manufacture of salt. 26. Superintendent and inspector liable to indictment for wilful neglect of duty, III. Duties, &c. of superintendent. 27. Superintendent to be considered in possession of all the lands and property of the state at Salina. 28. Wrongful possessors of said lands to be removed by him. 29. He may sue for injuries to said lands, and for penalties imposed under this Title. 30. May lease buildings at Salina. 31. To lease such of the lands reserved for salt manufactories, as are wild and unculti vated. 32. Covenants to be contained in such lease. 33. Appraisement of improvements on lands so leased. 34. Duty of the superintendent at the expiration of such lease. 35. To receive all monies for duties, &c. 36. Commissions of superintendents on monies received, prescribed. 37. Superintendent to pay accounts against inspector; receipts how disposed of. 38. To keep books of entries, which shall be open for examination. 39. To deposit monthly, all balances of public monies. 40. To transmit certificates of deposit to comptroller. 42. To transmit vouchers. 43. To transmit quarterly accounts. 44. On neglect to make reports or deposits, bond to be put in suit. 45. To provide suitable forms of bills and books of entries. 46. To publish and post up lists of penalties. 47. May take water from the Erie canal for a pump at Geddes. 48. Restriction upon the use of such water, &c. 49. To erect additional machinery, &c, 50. Accounts for repairs, &c. to be audited and paid. 51. He may take possession of lands, &c. 52. The proprietor of land so taken to be indemnified. 53. Damages to be paid by superintendent. 54. Superintendent to take surplus water from Erie canal, &c. IV. Duties, &c. of the inspector. 56. To inspect works and salt. 57. To keep a list of salt manufactories. 58. Manufactories, how numbered on such list. |