[PART 1. TITLE 9. in a penalty of twenty thousand dollars, with two substantial freeholders as sureties, conditioned for the faithful discharge of the duties of his office, and for the faithful accounting for all monies entrusted to him as such commissioner, whenever and as often as he shall be so required by law, by a concurrent resolution of the senate and assembly, or by the comptroller; such bond shall be approved of by the comptroller, and filed in his office.86 When renew ed. Officers of board. Meetings, how called. Quorum. Powers of commission &c. $11. Every such bond heretofore given, or that shall hereafter be given, shall be renewed from time to time with new or additional sureties, whenever such renewal shall be demanded by the comptroller, or the commissioners of the canal fund; and the refusal of any commissioner to renew his bond when so required, shall be deemed a breach of its condition. S 12. The board shall annually choose one of their number to be their president, and another from time to time as their secretary, who shall keep and preserve regular minutes of all their proceedings. 87 13. It shall be the duty of the president to call a meeting of the board, on the request in writing of a commissioner, and without such request, whenever he shall deem it expedient.87 $ 14. A majority of the board shall be a quorum for the transaction of business, and may adjourn from time to time, and fix the time and place of future meetings. 88 $15. The board may employ such and so many agents, engineers, ers; agents. draftsmen, surveyors and other persons, as they may judge necessary, to enable them to discharge their duties as commissioners, and shall pay such compensation as they shall judge reasonable, to each person so employed.88 Ib. Feeders, &c. Ib. Extraordinary repairs. S16. In the construction of every canal of which the construction is or shall be authorised by law, the canal commissioners shall have power, and it shall be their duty, to make all such canals, feeders, locks, dams, aqueducts, and other works, as they shall deem the proper construction of such canal to require; and they shall enter on, and take possession of, and use, all lands, streams and waters, the appropriation of which, for the use of such canals and works, shall, in their judgment, be necessary.89 $ 17. Whenever, in the opinion of the canal commissioners, it shall become necessary or expedient, to make any extraordinary repairs or improvements on any completed canal, such as the opening of new feeders, or the construction of additional locks, dams, embankments, tunnels or aqueducts, it shall be their duty to cause the necessary surveys and levels to be taken, and accurate drafts, plans and (86) Laws of 1821, p. 26, § 4. (87) Laws of 1816, p. 295, § 2. (88) Laws of 1816, p. 295, § 2; 1817, p. 302, § 2. (89) Laws of 1817, p. 302, § 3. models, or maps, as the case may require, of the contemplated works, ART. 2. together with an estimate, in minute detail, of the probable expense to be incurred, and to submit the same to the canal board for their approbation.90 lands, &e. $ 18. If such extraordinary repairs or improvements shall be di- To take rected by the board or the legislature, it shall be the duty of the commissioners to proceed, as soon as circumstances will permit, to execute and complete the same; and for that purpose, by themselves or their agents, to take possession of, and use, all lands, waters or streams of which the occupation and use, in their judgment, may be necessary to enable them to discharge such duties.91 roads, &c. $ 19. Whenever for the purpose of constructing a canal, or mak- Altering ing any extraordinary repairs or improvements, it shall be deemed necessary by the canal commissioner having charge of the work, to discontinue or alter any part of a public road, on account of its interference with the proper location or construction of such work, he shall make, or direct to be made, such discontinuance or alteration.92 $20. It shall be his duty to draw up in writing and figures, a true Proceedings. description of all such parts of a public road as shall be so discontinued and new laid, and to file such description in the town clerk's office, of the town in which such parts may be situate, and from the time of such filing, such discontinuance and alterations shall be valid in law.92 $21. The canal commissioners shall not, however, obstruct the Restrictions. passage of any part of a public road, so discontinued or altered, until they shall have opened and worked, so as to render passable, such part of such road as shall have been new laid by their engineer; and the certificate in writing of any justice of the peace in the county where such road shall be situated, that the part so new laid has been so opened and worked, shall be their sufficient justification.92 ations. $ 22. Every alteration heretofore made by any engineer, in any Former alterpublic road on either of the canals, shall, from the time of such alteration, be deemed valid in law.92 canals. $23. Whenever the navigation of any of the canals shall be inter- Injuries to rupted or endangered, it shall be the duty of the commissioners, without delay, to repair the injury causing or threatening such interruption, and for that purpose, they shall have power, by themselves or their agents, to enter upon and use any contiguous lands, and to procure therefrom all such materials as in their judgment may be necessary or proper to be used in making such repairs. 93 (90) Laws of 1816, p. 296, § 3; Laws of 1827, p. 229, § 38. (91) Laws of 1817, p. 302, § 3. (92) Laws of 1820, p. 190, § 21. (93) Ib. p. 183, § 3. TITLE 9. Toli-houses, &c. To make regulations. Notice of them. How authen ticated. Special charge of canals. Duty of act ing commissioners. S 24. It shall be the duty of the canal commissioners, to keep in complete repair, all toll-houses, weighing-scales, offices and other edifices, already built or purchased, for the use of the canals; and at such times and places as the canal board may direct, to erect such further toll-houses, weighing-scales, offices and other edifices, and purchase such ground for the convenience thereof, as may be deemed necessary for the profitable use of the canals.94 S 25. They shall, from time to time, make such rules and regulations, not inconsistent with the laws of the state, in respect to the size and structure of boats, rafts and other floats, on the waters of the canals, and the weighing and inspecting of boats and their lading, and in respect to all matters connected with the navigation thereof, and impose such forfeitures of money, for the breach of such rules and regulations, as they may judge reasonable; but no forfeiture so imposed, shall, for a single offence, exceed the sum of twenty-five dollars.94 $ 26. They shall cause a sufficient number of copies of all such rules and regulations, including the forfeitures for the breach thereof, to be printed, and shall distribute the same to the superintendents of repairs, the collectors of tolls, and lock-keepers, to be kept in their respective offices for public inspection. $ 27. All rules, regulations and forfeitures, established by them in relation to the management and navigation of the canals, shall be filed in the office of the comptroller, and a copy thereof, certified by the comptroller, under his hand and the seal of his office, shall be received in all courts of law, as due proof that such rules, regulations and forfeitures were by them established.95 $28. The board shall, from time to time, assign to each acting commissioner, in special charge, the line or portion of the line, of one or more of the canals. $29. It shall be the duty of each acting commissioner, 1. To examine frequently and carefully into the state of the canals and works, committed to his charge. 2. To direct and cause to be made, such ordinary repairs, as he shall perceive to be necessary. 3. To superintend and cause to be made, such extraordinary repairs or improvements, as shall be ordered. 4. To make, by himself or a superintendent of repairs, all necessary contracts for the supply of materials and the performance of labor. 5. To inquire into the official conduct of all superintendents of repairs, collectors of tolls, lock-keepers and other subordinate agents, and to receive and hear all complaints that may be preferred against them. (94) Laws of 1820, p. 189, § 20. (95) Laws of 1827, p. 224, § 15. And generally to enforce the faithful execution, by all persons concerned, of the provisions of this Title. ART. 2. $30. It shall be the duty of each acting commissioner, to take du- Ib. Receipts. plicate receipts for all monies, advanced or paid by him.96 $31. All contracts for the construction of a canal, and for the Contracts. making of any repairs or improvements in the canals, directed by the legislature, or canal board, shall be made in writing, and of each contract, three copies shall be executed by the parties.97 them. $ 32. One of such copies shall be retained by the board of canal Copies of commissioners, or the acting commissioner having the charge of such repairs or improvements; another shall be deposited with the comptroller.97 proposals. $33. Public notice shall be given of the time and place, at which Notice for sealed proposals will be received for entering into contracts, under the thirty-first section, which notice shall be published for three weeks in succession in the state paper, and in one or more of the newspapers of each county, in which the work to be performed, or any part thereof, is to be made.97 proposals. $34. All proposals for contracts, for which sealed proposals are Requisites of to be offered, shall be for a sum certain, as to the price to be paid or received; and no proposition which is not thus definite and certain, or which contains any alternative condition or limitation, as to such price, shall be received or acted on.98 $35. No more than one proposition shall be received from any Ib. one person for the same contract, and all the propositions of the person offering more than one, for the same object, shall be rejected.o $36. Every person who shall enter into any contract for the sup- Security. ply of materials or the performance of labor, on any canal, shall give satisfactory security to the canal commissioners, for the faithful performance of his contract, according to its terms; and if any person, having given such security, shall neglect or refuse to perform his contract, he shall be excluded from any interest in any future contract, in relation to the same object.9 ance. $ 37. No allowance over and above the contract price shall be Extra allow made by the canal commissioners to any contractor, unless such extra allowance shall be directed by the canal board. 100 rials exempt $38. All materials procured, or partially procured, under a contract certain matewith the canal commissioners, shall be exempt from execution; but from execuit shall be the duty of the canal commissioners, to pay the monies (96) Laws of 1821, p. 26, § 5. (97) Laws of 1825, p. 401, § 4; 1827, p. 229, § 36; Laws of 1828, chap. 321, § 3, April 21, 1828. (98) Laws of 1826, p. 363, § 32. (99) Laws of 1827, p. 229, § 35. (100) Laws of 1826, p. 363, § 33. tion. TITLE 9. due for such materials to the judgment creditor of the contractor, under whose execution such materials might otherwise have been sold, upon his producing to them due proof that his execution would have so attached; and such payment shall be held a valid payment on the contract.1 Payment of contracts. Advances to commission. ers. Penalties, &c Accounts. Certain offi cers not to be $39. Either of the canal commissioners may draw upon the commissioners of the canal fund, for any sum to be paid to a contractor, upon his contract; and if a copy of such contract shall have been duly filed in the office of the comptroller, and a receipt of the contractor for such draft shall also be filed in the same office, it shall be the duty of the commissioners of the canal fund to pay the draft.2 $40. No canal commissioner shall be allowed as such, to have in his hands at any one time, more than ten thousand dollars; and every sum advanced to, or received by him, shall be deemed to remain in his hands until its application shall have been properly accounted for to the comptroller.2 $ 41. In all cases in which suits shall be brought by the canal commissioners, or under their direction, for the recovery of penalties or damages under the provisions of this Title, it shall be their duty to keep an accurate account of the recoveries, and of the costs and expenses, and after deducting such costs and expenses, to pay over the residue of the sums received, to the commissioners of the canal fund, or account for the same with the comptroller. $42. It shall be the duty of the canal commissioners to account and settle with the comptroller, on or before the fifteenth day of January in each year, for all monies received by them, and each of them, from the commissioners of the canal fund, or belonging to that fund; and such settlement, specifying the sums respectively paid to all contractors, engineers, agents and servants of every description, employed on the canals, and to all persons having received a compensation for damages, and the names of such persons shall, without delay, be reported by the comptroller to the legislature.3 $ 43. No acting commissioner, superintendent of repairs, collector held to bail. or lock-keeper, on any canal, shall be held to bail, or taken by warrant, in any civil suit, for any act done, or omitted to be done by him, in the exercise of his official duties.1 Annual re port to legis. lature. $ 44. Within twenty days from the commencement of each annual session of the legislature, the canal commissioners shall make their report to the legislature; and in such report shall state the condition of the canals, and all the works and improvements connected therewith, the improvements and repairs made during the past year, or (1) Laws of 1822, p. 321, §. 6. (2) Laws of 1826, p. 361, § 20; 1827, p. 229, § 36. (3) Laws of 1819, p. 124, § 6. (4) Laws of 1820, p. 190, § 22. |