Ib. 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 writ ing 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 in every such case, the canal commissioners may remove or destroy the construction illegally made, at the expense of the person making it.70 $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. p. 186, § 8. ART. 9. path, &c. $181. Every person who shall lead, ride, or drive any horse, ox, ass, mule, or other cattle, upon the towing-path of a canal, or upon Driving hotthe bank opposite to such towing-path, shall, for each offence, forfeit ses on towthe sum of five dollars; but this section shall not be construed to extend to persons towing boats or other floats, or conveying articles unladen, or to be laden, from, or to, a canal.73 ter at Lock S182. Any person who shall open any gate, sluice, slide or other Drawing wapassage, which now is or hereafter may be constructed to draw wa- port. ter round the locks at Lockport, for the purpose of drawing water from the canal to any mill or machinery of any kind whatsoever, or for any other purpose than the uses of the canal, shall, for every such offence, forfeit the sum of two hundred and fifty dollars.74 ARTICLE NINTH. Miscellaneous Provisions of a General Nature. SEC. 183. Agents, toll-collectors, &c. discharged from employment, to deliver up any house, &c. occupied by them, &c. 184. In case of refusal to make such delivery, justice of peace to issue warrant to constable, directing him to take possession. 185. Who ineligible to office of superintendent, lock-keeper, &c. 186. Canal commissioners and members of canal board, not to be interested in boats, &c. 187. Collectors, &c. exempt from military duty, and serving on juries. 188 Suits for penalties, &c. under this Title, to be in name of people. 189. If penalty not over fifty dollars, justice has jurisdiction. 190. Meaning of the terms "float" and "master," under this Title. 191. Execution against property or person, of any one against whom judgment for pe- 192. Persons violating provisions of this Title, liable for damages and for penalty. 194. How much water to be taken into a level. liver up pro S 183. It shall be the duty of every agent, toll collector, lock- Agents to dekeeper or superintendent, employed on any canal, and occupying any perty, &c. house, office, building, or land, belonging thereto, who shall be discharged from his employment; and of the wife and family, of every such person, who shall die in such employment; to deliver up the possession of the premises so occupied, and of all books, papers, matters or things belonging to the canals, acquired by virtue of his office, within seven days, after a notice shall have been served for that purpose, by the acting canal commissioner.75 to compel $184. In case of a refusal or neglect to make such delivery, in Proceeding either of the above cases, it shall be the duty of any justice of the delivery. peace, in the county where such premises shall be situate, upon application, to issue his warrant under his hand and seal, ordering any constable or other peace officer, with such assistance as may be necessary, to enter upon the premises so occupied, in the day-time, and remove therefrom all persons found in possession thereof, and to take (73) Laws of 1820, p. 183, § 2. (74) Ib. 1826, p. 364, § 87. (75) Ib. 1820, p. 187, § 12. TITLED 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 ineligi ble as collector, &c. Certain offi cers not to be boats. $ 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, &c. exempt duties. $187. Every collector of tolls, the clerks of each collector, not from certain exceeding two, having the collector's certificate that they are actually 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 engaged in their respective employments on the canals, while the same are navigable.78 Penalties how recover ed. Before whon. S188. 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 $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 "float" and 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. to $192. The imposition or recovery of any penalty or forfeiture, Pertamaimposed 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 western 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 superintendent $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 $ 2. 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 S3. 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 S 4. 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, S 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.8 $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. |