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may be necessary to its preservation, to be made to the said building, TITLE 8. and to draw his warrant on the treasury for the expenses thereof, not exceeding one hundred dollars in any one year. 74

$ 4. The custody and care of the several arsenals and magazines Arsenals,&c. belonging to this state, and of the lands and buildings connected therewith, shall be vested in the commissary-general. 75

$5. The state prison at Mount-Pleasant, and the state prison at Stato prisons. Auburn, and the lands and buildings connected therewith, shall severally be under the care of the officers charged therewith.

$ 6. The marine hospital at Staten Island, and the lands and Marine høsı buildings connected therewith, shall be under the care of the commissioners of health of the city of New-York.

$ 7. The State Pier at the port of Sagg-Harbor, shall be under state pie. the care of the receiver of the profits thereof.75

$ 8. Every person hereafter appointed to the office of such re- Duty of receiver, shall, before he enters on the duties of his office, execute a ceiver bond to the people of this state, in the sum of two thousand dollars, and with one or more sureties, to be approved of by the comptroller, conditioned for the faithful performance, by such receiver, of the duties of his office; which bond shall be filed in the office of the comptroller. 76

$ 9. It shall the duty of such receiver to collect, from time to time, Ib. such portion of the profits arising from the state pier, and the longwharf united with it, as the people of this state may be entitled to, under the appraisement and valuation made in pursuance of the act entitled “ An act relative to the state wharf at the port of Sagg-Harbor,” passed April 10th, 1824. He shall account with the comptroller, at the end of each year, for all monies received by him during such year, and after deducting ten per cent. thereon, as a full compensation for his services, shall pay the balance into the treasury. 75

ceiver.

TITLE VIII.

OF THE STATE LIBRARY.

Sec. I. Annual appropriation of one thousand dollars for its enlargement. 2. Three hundred dollars to be paid annually by assistant register of the court of chan

cery, out of its fund.
3. When the expenses of the court will not allow of that sum, it is to be reduced.
4. Trustees of library to report annually to legislature.
5&6. Trustees to appoint a librarian, and to prescribe regulations of library.
7. President of senate and speaker of assembly, before granting certificate to members.

shall see that they have returned books taken from library.
8. No book or map to be taken, except by members of legislature.
9. Contingent expenses of library paid out of treasury.

(74) Laws of 1826, p. 267 ; 1 R. L. 480, 625. (75) Laws of 1923, p. 350, $ 54 ; lars of 1821, p. 228 ; 1824, p. 261.

Annual ap

dred dollars

cery fund.

May be reduced.

Annual re

port.

TITLE 8. S 1. There shall be paid out of the treasury, to the trustees of the

state library, in every year, the sum of one thousand dollars, for the propriations. gradual enlargement of the library.76 Three hun. S 2. It shall be the duty of the court of chancery, to direct the asfrom chan- sistant register of that court to pay, in the month of May, in each

year, to the said trustees, out of the interest or profits arising from the surplus of the common fund appertaining to the court of chancery, and under the particular charge of such assistant register, the sum of three hundred dollars, to be expended in the gradual enlargement of the library.77

$ 3. If at any time the interest or profits of said fund shall not be sufficient to discharge the contingent expenses of the court of chancery, and also the annual appropriation of three hundred dollars, the court of chancery may direct that such annual sum be so reduced, that the expenses of the court shall be first paid. 77

S 4. It shall be the duty of the trustees of the state library, annually to report to the legislature, the manner in which the monies by them received during the year preceding, have been expended; together with a true and perfect catalogue of all the books, maps and

charts then remaining in the library. 78 Librarian. S 5. The trustees shall have power, from time to time, to appoint

a librarian to superintend and take care of the library; and to prescribe such rules and regulations for the government of the library, as

they shall think proper.79 ns. S 6. It shall be the duty of the trustees to provide, in their regu

lations, that any member of the senate or assembly, during the session of the legislature, or during the sitting of the court for the correction of errors, or of the senate only, shall be permitted, under proper restrictions, forfeitures and penalties, to take to his boarding-house, or private room, any book belonging to the library, except such books, as the trustees shall determine are necessary always to be kept in the library, as books of reference; but no member of the legislature shall be permitted to take or detain from the library, more than two volumes at any one time.80

$ 7. Before the president of the senate, or the speaker of the asfelurn books. sembly, shall grant to any member a certificate of the time of his at

tendance, he shall be satisfied that such member has returned all books taken out of the library by him, and has settled all accounts for fines, for injuring such books, or otherwise. 80

$ 8. It shall also be the duty of the trustees to provide in their be ta- regulations, that no book, map, or other publication, shall be at any

Regulations.

Members to

(76) Laws of 1827, p. 318, § 2. (77) Laws of 1825, p. 302, & 2. (78) Ib. $ 4. (79) Laws of 1818, p. 297, 2. (80) Laws of 1825, p. 303, 95.

Books, &c.

ken out.

time taken out of the library by any other person than a member of ART. 1. the legislature, for any purpose whatever. 81

$ 9. The contingent expenses of the library, incurred for stationary, Contingent hre-wood, candles, and the binding of the books, purchased for or deposited in the library, shall be duly certified by a majority of the trustees, and paid out of the treasury.81

expensos.

TITLE IX.

OF THE CANALS.
ART. 1.-Designation and description of the canals.
ART. 2.-Of the canal commissioners, and their general powers and duties.
ART. 3.-Of the appraisement of damages.
ART. 4.-Of the canal board, their powers and duties.
ART. 5.-Of water privileges, and the sale of surplus waters.
AR7. 6.-Of the superintendents of repairs, and the collectors of tolls.
ART. 7.—Regulations and penalties concerning the navigation of the canals, and the

collection of tolls.
Art. 8.—Regulations and penalties concerning the protection and maintenance of the

canals.
ART. 9.–Miscellaneous provisions of a general nature.

ARTICLE FIRST.
Designation and Description of the Canals.
Sec. 1. Names of the canals.
2. The Erie and Champlain canals declared to be completed, and subject to the pro-

visions of this Title.
3. Canal board to declare when other canals completed; powers of commissioners then

to cease.
4 & 5. Map of canals to be made; to be compiled by commissioners, and filed in comp-

troller's office.
6. Comptroller to send copy to every county intersected by canal, to be filed in clerk's

office.
7. A transcript from original, or certified copy of map, presumptive evidence.

8. Provisions of this Title to apply to all state canals. $ 1. The navigable communications heretofore constructed, and Names of canow in the progress of construction, by the state, shall be known and hal designated as follows:

1. The navigable communication connecting the waters of lake Erie with those of the Hudson river, and all the side cuts, feeders and other works belonging to the state connected therewith, by the name of the “ Erie Canal."82

2. That connecting the waters of lake Champlain, with those of the Hudson, and the works belonging thereto, by the name of the “ Champlain Canal."82

3. That commencing at Geneva, and terminating near Montezuma, and connecting the waters of the Seneca lake with the Erie canal, and

(81) Laws of 1818, p. 297, § 2; 1825, p. 303, 83 & 6. (82) 1 R. L. 247 ; act of June 19th, 1812, in Session Laws of 1812 ; Laws of 1814, p. 256, § 43 ; 1816, p. 295 ; 1817, p. 301 ; 315, § 12; 1818, p. 17; 1819, p. 121, 123 ; 1820, p. 99, 171, 183, 225 ; 1921, p. 25; 1822, p. 306, 320, $ 4,5,6 ; 1823, p. 116, 269 ; 1924, p. 315, 342 ; 1925, p. 398, 414 ; 1826, p. 360; 1827, p. 220.

VOL. I.

28

pals complet

ed.

of others,

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canals.

TITLE 9. the works belonging thereto by the name of the “ Cayuga and Seneca

Canal."83

4. That commencing at Syracuse, and terminating at Oswego, by

the name of the “Oswego Canal."84 Certain ca- $ 2. The Erie and Champlain canals are hereby declared to be

completed, and all the powers and authority heretofore given by law to the canal commissioners, in relation to the construction of those

canals, shall be deemed to have been executed. Completion S 3. Whenever any canal now in the progress of construction, or how declar- that shall hereafter be constructed, shall be completed, the canal board

shall, by an order, declare the fact of such completion, and from that time, all the powers and authority of the canal commissioners, in re

lation to the construction of such canal, shall cease. Map, &c. of $ 4. A complete manuscript map and field notes, of every canal

that now is, or hereafter shall be completed, and of all the lands belonging to the state adjacent thereto or connected therewith, shall be made, on which the boundaries of every parcel of such lands, to which the state shall have a separate title, shall be designated, and the names of the former owners and the date of each title be entered. The expense thereof shall be paid out of the canal fund. If the canal commissioners on examination of the premises, be satisfied that the cost and expense of making such map, field notes and survey, will exceed the sum of five thousand dollars, no such map and field notes shal}

be compiled. Where filed. $ 5. Every such map shall be compiled by the canal commissioners,

who shall, for that purpose, cause all necessary surveys to be made; when prepared, it shall be submitted to the canal board for its approbation ; and when so approved, shall be signed by the canal commissioners, be certified by them as correct, and be filed in the office of the comptroller. ;

$ 6. A copy of each map so filed, together with the field books and notes of such survey, or of such part thereof as the canal board shall direct, shall be transmitted by the comptroller to every county intersected by the canal to which the map shall relate, and shall be filed in the clerk's office of such county.

S 7. A transcript from the original map, or from a copy thereof, certified as correct, by the officer with whom such map or copy shall be filed, shall be received as presumptive evidence, in all judicial and legal proceedings.

Copy to be evidence.

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$ 8. The provisions of this Title shall be construed to apply to ART. 2 every canal belonging to the state, of which the construction now is

Application or hereafter shall be authorised by law.

of this Title

ARTICLE SECOND.
Of the Canal Commissioners, and their General Powers and

Duties.

Sec. 9. Superintendence of canals vested in canal commissioners, who are to form a board ;

two to be acting commissioners. 10. Acting commissioners to give bond. 11. When to be renewed. 12. Choice of president and secretary. 13. Of calling board together. 14 A majority of board may do business. 15. Board may employ agents, &c. 16. Commissioners have power to make feeders, &c. for proper construction of canals

authorised by law, and to take possession of all necessary lands, &c. 17. Extraordinary repairs, how made. 18. When such repairs to be made, to be completed as soon as practicable ; necessary

lands, &c. may be taken possession of. 19. Public roads may be altered or discontinued, when necessary to make such repairs. 20. Description of the road altered or discontinued, to be drawn up and filed in town

clerk's office. 21. Passage of road discontinued, &c. not to be obstructed till new road passable. 22. Alterations heretofore made, to be deemed valid. 23. When navigation of canal interrupted, injury causing it to be immediately repaired. 24. Commissioners to erect and keep toll-houses, &c. in repair. 25. To make regulations concerning the navigation of the canal. 26. Regulations to be printed and distributed. 27. To be filed in comptroller's office ; proof of their existence. 28. Portion of canal to be assigned to each acting commissioner. 29. Duty of each acting commissioner. 30. Must take duplicate receipts for monies paid by him. 31. Contracts for making repairs and improvements, to be in writing. 32. With whom copies of contracts are to be deposited. 33. Publication of proposals for contracts. 34. What proposals to contain. 35. No more than one proposition to be received from any one person, for same contract 36. Security to be given by contractor; penalty for violation of contract. 37. When extra allowance to be made contractors. 38. Materials procured under contract, exempt from execution. 39. Either of commissioners may draw money to pay contractors. 40. No commissioner allowed to have in his hands more than 10,000 dollars at one time. 41. Damages and penalties recovered by commissioners, to be paid to commissioners of

canal fund. 42. Commissioners to account to comptroller, and when ; comptroller to report same to

legislature. 43. Commissioners, &c. can not be held to bail, or taken with a warrant, for any offi

cial act. 44. When commissioners to make their report. Its contents.

$ 9. The general care and superintendence of the canals shall con- Board; act tinue to be vested in the board of canal commissioners; so many of his nerimo whom, not exceeding two, as may be annually designated by the board, shall be acting commissioners.86 $ 10. Each acting canal commissioner, before he shall enter on Band of act

ing commisthe duties of his office, shall execute a bond to the people of this state, sioners

(85) Laws of 1816, p. 295, 92.

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