TITLE & Further pen alty. Collectors to acknowledge $144. The commissioners of the canal fund may, in their discretion, prohibit such boat from receiving a clearance and navigating the canals, until such statement or affidavit be furnished, and the tolls paid. 52 $145. Every collector receiving such a statement, or affidavit, restatement, lative to passengers, shall give to the person from whom he received the same, a written acknowledgment thereof.53 &c. Evidence of neglect to make state ment. Tolls on passengers in $146. A certificate made by the comptroller, under the seal of his office, after thirty days from the time when such a statement or affidavit ought to be made, that no statement or affidavit in respect to any particular boat, for the time particularly stated therein, has been received at his office, shall be presumptive evidence, that no such statement or affidavit has been made by the master of such boat for the time specified in the certificate. 53 $147. Every master or person having charge of any boat navigacertain boats ting a canal, which does not usually run in the night time, or which does not belong to any regular line of packet or freight boats, shall pay the lawful tolls on all passengers conveyed in such boat, in the same manner as he is required to pay toll on property conveyed; and every such master who shall omit to give a just and true account of such passengers, to the collector, at the place where such passengers shall be received in such boat, or at the office next in order in the course of the voyage, after receiving the same, or who shall refuse to verify the same under oath, when required by any collector, or to pay the toll on such passengers, shall for every offence forfeit the sum of twenty-five dollars, 54 Commuta. tion for tolls. How paid. Clerks of col. lectors. Births of boats. $148. The commissioners of the canal fund may, in their discretion, receive from the owners of any boat a specified sum by the year, for a license to carry passengers therein, as a commutation for tolls upon passengers. 55 $149. Such commutation shall be paid at such time and in such manner as the commissioners may prescribe, and no statement or affidavit relative to conveying passengers, shall be required from the master of any boat so licensed. 5 55 S150. Any clerk duly authorised by a collector may perform all the duties, and exercise all the powers legally appertaining to such collector, in his absence, and the collector shall be responsible for the acts of such clerk. $151. It shall be the duty of every collector of tolls, and if there be no collector present, of every superintendent, to assign births to all boats when loading or unloading at any landing place on a canal, whenever disputes shall arise concerning the same.56 (52) Laws of 1827, p. 226, § 24. (53) Ib. §. 25. (54) Ib. § 23. (55) Ib. § 26. (56) Ib. 229, § 40. S 152. No float shall move on any canal faster than at the rate of ART.7. four miles an hour without a permission in writing, signed by a majority of the canal commissioners; and for each violation of this pro- boats, &c. vision the master shall forfeit the sum of ten dollars.57 Speed of passing. $153. Where a boat used chiefly for the conveyance of persons, Preference in shall overtake any other float, not used chiefly for that purpose, it shall be the duty of the master of the latter to give to the former, every practicable facility for passing, and whenever it shall become necessary, to stop, until such passage boat shall have fully passed. 58 $154. Where any float, in passing on either of the canals, shall Boats meetmeet with any other float, it shall be the duty of the master of each, to turn out to the right hand, so as to be wholly, on the right side of the centre of the canal.59 $155. Where any floats shall approach any place on either of the canals, which is less than thirty feet wide on the surface, or which will not safely permit their passing, it shall be the duty of the master of the float going from the navigable waters of the Hudson river, to stop at such distance from such narrow place, as may be convenient for the float going towards such navigable waters to pass through such narrow place, and there to wait until such is effected." passage 59 ing. $156. Every master or boatman violating any provision of the Penaltiesthree sections immediately preceding, shall, for each offence, forfeit the sum of ten dollars. 59 lacks! $157. Every float, within one hundred yards of a lock, if on the Passing same level that the water in the lock then is, shall be permitted to pass the lock, before any other float not on the same level.60 S158. If, on the arrival of two or more floats at any lock, a ques- Ib. tion shall arise between their respective masters as to which shall be first entitled to pass, such question shall be determined by the lockkeeper, and each float shall be passed in the order and manner in which he shall direct, 60 $159. Every master, owner or navigator of any float refusing to Penalties conform to such determination of the lock-keeper, or detaining or unnecessarily hindering the passage of any float, through a lock, in violation of any provision of the two last sections, shall for each offence, forfeit the sum of twenty-five dollars.60 &c. $160. No person navigating either of the canals, shall be permit- Setting poles, ted to use therein any setting pole or shaft, pointed with iron or other metal; and if any person shall offend against this section, he shall, for every such offence, forfeit the the sum of twenty-five dollars.61 (57) Laws of 1822, p. 320, § 4. (58) Laws of 1820, p. 186, § 10, (59) Ib. § 9. (60) Laws of 1827, p. 228, § 31. (61) Laws of 1820, p. 188, § 16. TITLE 9. Knife on bow. Ponalty. Obstructing, &c. Tb. $161. No covered or decked boat, shall navigate any canal without a knife or sharp metallic instrument, so affixed upon the stem or bow of the boat, as to cut apart any tow rope, which otherwise might pass over such bow.62 $162. Every owner or master of such boat, who shall neglect or refuse to comply with the above provision, shall, for each offence, forfeit the sum of twenty-five dollars.62 $163. Every person who shall obstruct the navigation of any canal, by the improper mooring, management or conduct, of any boat or floating thing, shall, for every such offence, forfeit the sum of twentyfive dollars. 63 $164. If any person shall obstruct the navigation of any canal, by sinking any vessel, timber, stone, earth or other thing, to the bottom thereof, or by placing any obstruction on the towing path thereof, or on the bank opposite the towing path, he shall forfeit the sum of twenty-five dollars. 64 Boat, &c. to $165. It shall be the duty of every canal commissioner, collector, Be seized. Owner may stop sale. Avails, how accounted for. When paid to owners. Taking rails, &c. penalty. superintendent or agent, employed on the canals, to seize all boats, rafts, logs, or any floating or sunken thing, which may be found in a canal; or any article not under the care or charge of any person, so found on the tow path thereof; and to sell the same at public vendue, after giving ten days' written notice of such sale, at two public places nearest to the place where such boat, logs, floating or sunken thing, may be found. 65 $166. If the owner of any article so seized, shall appear and claim the same, before the time of sale, and pay the cost of seizure and expense of removal, no such sale shall take place.65 $167. The avails of such sale shall be accounted for, by the officer making the same, if he be not a collector, to the nearest collector, who shall make returns thereof to the commissioners of the canal fund. If the sale be made by a collector, he shall account for the avails thereof, to the commissioners of the canal fund.65 S168. After such sale shall have been made, and the proceeds thereof paid to the commissioners of the canal fund, such commissioners may, on the application of the owners, and due proof of ownership, pay over such proceeds, after deducting the forfeiture, and all costs and reasonable charges thereon.65 $169. If any boatman, or person on board of any boat on any canal, shall take, without right, any rails, boards, planks or staves, from the banks or vicinity of the canal, the master of the boat shall forfeit, (62) Laws of 1827, p. 222, § 7. (63) Laws of 1827, p. 221, § 3. (64) Laws of 1820, p. 185, § 6. (65) Laws of 1827, p. 221, § 4. to the owner, treble the value of the property taken, and the posses- ART. 8. sion of such property on board the boat, shall be presumptive evidence of such taking.66 $ 170. Any person or boatman, who shall violate the provisions of lb. the last section, shall forfeit twenty-five dollars to any person who will prosecute therefor.67 for penalties. $171. Every penalty and forfeiture, prescribed by this Article, Boat liable and which is declared to be recoverable against the owner, master, boatman, navigator, or other person, having charge of any boat or other float, when incurred, shall be chargeable on such boat or float, and a suit for the recovery thereof, may be brought against any person, being in the possession, or having the charge, of such boat or other float, at the time such suit is commenced." 68 $172. When any suit shall be prosecuted for any such penalty or forfeiture, the magistrate issuing the process, by a clause to be inserted therein, may direct the officer executing the same, to detain such boat or float, and the furniture and horses belonging thereto, until the suit shall be determined, or until adequate security shall be given for the payment of any judgment that may be recovered.68 may be Boat detained. ed; when $173. If such security shall be given, or the defendant in such suit When releas shall prevail, the magistrate shall order the boat or other float and sold. property detained, to be released; but if no such security shall be given, and a judgment shall be recovered for such penalty or forfeiture, and the same, together with the costs, shall not be immediately paid, an execution shall be issued, under which the property so detained, may be sold, in like manner, as if the judgment had been obtained against the owner thereof.68 ARTICLE EIGHTH. Regulations and Penalties concerning the Protection and Maintenance of the Canals. SEC. 174. Where new roads cross canal, bridge to be erected and kept in repair at expense 175. Sanction of canal commissioner to model of bridge, must be obtained. 182. Two hundred and fifty dollars penalty for drawing water from canal at Lockport. $174. In all cases where a new road or public highway, shall be Bridges Taid out by legal authority, in such direction as to cross the line of (66) Laws of 1827, p. 228, § 33. (67) Laws of 1828, p. 224, § 1 & 2, chap. 185, April 9. 1828. (68) Laws of 1827, p. 227. § 28 & 29. TITLE 9. Penalty. Wharves, basins, &c. Penalty. Injuries to gates, bridg es, fences. Injuries to ocks, &c. any canal, and in such manner as to require the erection of a new bridge over the canal, for the accommodation of the road, such bridge shall be so constructed, and forever maintained, at the expense of the town in which it shall be situate.69 $ 175. No bridge shall be constructed across any canal, without first obtaining for the model and location thereof, the consent in writing of one of the canal commissioners, or of a superintendent of repairs, on that line of the canal which is intersected by the road.69 $176. Every person who shall undertake to construct or to locate such bridge without such consent, and shall proceed therein, so far, as to place any materials for that purpose, on either bank of the canal, or on the bottom thereof, shall forfeit the sum of fifty dollars; and either of the commissioners, superintendents or engineers, shall be authorised to remove all such materials, as soon as they are discovered, wholly without the banks of the canal.69 $177. No person, without the written permission of a canal commissioner, shall construct any wharf, basin or watering place, on any canal, or make or apply any device whatever, for the purpose of taking water from a canal; and every wharf, basin, watering place or device, constructed with such permission, shall be held during the pleasure of the canal commissioners, and be subject to their control.70 $178. Every person who shall construct any such wharf, basin, watering place or device, without permission, or who shall omit to conform to the directions of the commissioner granting such permission, shall for each offence forfeit the sum of twenty-five dollars; and every such case, the canal commissioners may remove or destroy the construction illegally made, at the expense of the person making it.70 in $179. Every person who shall wantonly open or shut, or cause to be opened or shut, any lock-gate, or any puddle-gate or culvertgate, thereof, or any waste-gate, or by any means prevent, or attempt to prevent, the free use of any such gate; and every person who shall wantonly break, throw down, or destroy any bridge, or fence, on a canal, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment; the fine for each offence, not to exceed one hundred dollars, nor the imprisonment six months.71 $180. Every person who shall wilfully break, throw down, or destroy any lock, bank, waste-weir, dam, aqueduct or culvert, on any canal, shall, upon conviction of such offence, be sentenced to imprisonment in the county jail or state prison, at the discretion of the court by whom he shall be tried. The imprisonment shall not be for less than one year, if in the county jail, nor for more than three years, if in the state prison.72 (69) Laws of 1820, p. 183, § 1. (70) Ib. p. 186, § 11. (71) Ib. p. 185, § 7. (72). Ib. p186, § 8. |