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Black Rock, at the mouth of Tonnewanta creek, and at the locks at Lockport, and except where such waters are taken from a dam across a stream which is used as a feeder, or from a feeder not navigable, the canal commissioners shall construct a permanent wall or erection of stone laid in mortar, and cemented, of sufficient thickness to ensure the safety of the canal, and such wall shall not in any case be more than six inches lower than the top-water line of the canal.26

ART. 5.

gates, &c. in

$94. No waste-gate, sluice, slide, water-gate or other passage, No wastes shall be made in connexion with any wall or erection over which the water is to be drawn, in such a manner that the same can be opened, or that water can be drawn by, through or under the same, to the use of any mill or machinery, using water from the canal, except at the four places above excepted.26

$95. Any person who shall wilfully make, or cause to be made, Penalties. any breach, hole or passage in, through or under any such wall or erection, or who shall lower the same, or cause it to be done, for the purpose of drawing water to any mill or machinery, or the effect of which, shall be, to lower the water in the canal, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment; the fine for each offence not to exceed two hundred and fifty dollars, nor the imprisonment six months.27

discharged.

$96. Every person now owning any water privilege, upon either Water how of the canals, or hereafter purchasing any such privilege of the state, shall discharge the waters owned by him at such place or places, as the canal commissioners shall direct, whenever the navigation or safety of the canal, or any of its works, shall be benefitted by such direction.

decisions of

court.

$97. The canal commissioners, or the party aggrieved, may bring Error from a writ of error from any decision of the supreme court hereafter to be supreme made, touching any claim made against the state, for deprivation of any right, or pretended right, to the use of any water or water privileges, or fisheries, in consequence of the construction of any canal or feeder, now or hereafter to be made, whether the decision be made upon any case arising on a mandamus or otherwise; and although no pleadings were had or issue joined in the cause.29

$98. On service of such writ of error it shall be the duty of the Proceedings. clerk of the supreme court, to make out a transcript of the record, or papers and documents, on which such decision was had, and to cause the same to be filed with the clerk of the court for the trial of impeachments and the correction of errors, in twenty days after service of the writ.29

(26) Laws of 1826, p. 362, § 26; 1827, p. 223, § 11. (27) Laws of 1826, .p. 362, § 27. (28) Ib. § 29. (29) Laws of 1827, p. 230, § 42.

TITLE 9.

ARTICLE SIXTH.

To give bonds,

Duty of su perintendent.

કં

Ib.

To account.

Of the Superintendents of Repairs, and the Collectors of Tolls.

SEC. 99. Superintendent of repairs, and collectors shall give bond.

100. Duty of superintendent.

101. Shall be under direction of commissioners.

102. To account to comptroller; duty of comptroller in case of neglect, &c.

103. Account to be certified by canal commissioners, before presented.

104. Collectors to keep account of tolls received.

105. To make abstracts of daily receipts, and to send them to comptroller weekly.

106. To deposit monies received by them every two weeks, in banks to be named by canal board.

107. Banks with whom deposits are made to transmit monthly account to comptroller. 108. Collectors may be authorised to refund tolls erroneously paid.

109. In case collector omits to deposit tolls, comptroller to issue warrant upon his preperty and that of his sureties.

110. Sheriff to whom it is directed, immediately to execute it.

$99. Each superintendent of repairs and every collector of tolls, before he shall enter on his official duties, shall execute and file in the office of the comptroller, a bond for the faithful execution of his trust, in such penalty and form as the canal board shall direct, and with such sureties as the comptroller shall approve.

S100. It shall be the duty of each superintendent, under the direction of the canal commissioners, to keep in repair such sections of the canals and works connected therewith, as shall be committed to his charge to make all necessary contracts for that purpose, and faithfully to expend all such monies as shall be placed in his hands, by the canal commissioners or the commissioners of the canal fund. 30

S101. Each superintendent shall be under the direction of the canal commissioners and especially of the acting commissioner, having charge of the line of the canal, on which such superintendent is employed.31

$ 102. Each superintendent shall, as often as once in sixty days, render his account to the comptroller, who shall audit the same; and if any superintendent shall omit to render his account, or his account as rendered be not satisfactory, the comptroller shall notify the canal board and the commissioners of the canal fund thereof; and no further advances of money shall be made to such superintendent, but he shall be immediately removed from office. 32

How verified. $103., Before any superintendent's account for expenditures shall

be presented to the comptroller, the canal commissioner having charge of that part of the canal on which such superintendent is employed, shall certify on such account, that he has examined the same; that the several disbursements specified therein, were made under his direction on the canal, or for repairs necessary to be made thereon; and that he believes such disbursements to be proper and reasonable, and to have been made, as charged.$2

(30) Laws of 1826, p. 361, § 2. (31) Laws of 1827, p. 224, § 14. (32) Ib. § 13.

ART. 6.

Duty of col

$104. The collectors of tolls shall keep accounts of all tolls received by them, in such form as shall be prescribed from time to time by the comptroller, and shall deposit such original books of account, lectors. together with such clearances and other papers as he shall require, in the comptroller's office, on or before the tenth day of January in each year. 33

Abstracts.

$105. They shall also make abstracts from such books showing the . amount of tolls received by them each day, and transmit the same by mail, to the comptroller, four times in each month, on such days as he shall direct.34

banks.

S 106. They shall deposit the monies received by them for tolls, Deposits in to the credit of the treasurer of this state, at least once in two weeks, in such banks as may, from time to time, be designated by the canal board. 35

banks.

$107. The comptroller shall require the several banks so designat- Duty of ed, to transmit to him, by mail, a monthly account of deposits by the collectors of tolls; and if any bank shall neglect to comply with such requisition, or he shall doubt its solvency, he shall direct such deposits to be made in such other bank as he shall designate, until the further order of the canal board. 36

tolls.

$108. The collectors may be authorised to refund tolls erroneously Refunding paid to them, or which equitably ought to be refunded, under such regulations as shall be prescribed by the comptroller.37

against col

$109. If any collector of tolls shall neglect to deposit, according Proceedings to law and the directions of the comptroller, the monies, that, from lectors. the abstracts of returns made to the comptroller, he shall appear to have collected for tolls, the comptroller may issue a warrant, under his hand and seal, directed to the sheriff of any county where such collector or any of his sureties may be found, thereby commanding such sheriff to cause the amount of tolls in the hands of such collector, (or such part thereof as the comptroller shall direct by the warrant,) to be made and levied of the goods and chattels, lands and tenements of such collector; and in case the same shall not be sufficient, then of the goods and chattels, lands and tenements of the sureties of such collector; and to return the money, together with the warrant and his doings thereon, to the comptroller, within sixty days from the date thereof. 38

$110. The sheriff to whom such warrant shall be directed, shall n. immediately cause the same to be executed; and may demand and collect the same fees for executing the same, as are allowed by law for the service of executions issuing out of the supreme court.39

(33) Laws of 1826, p. 360, § 7. 11. (37) Ib. § 12. (38) Ib. § 18.

(34) Ib. § 8. (35) Laws of 1826, p. 360, § 9. (36) Ib. §
(39) Ib. § 19.

TITLE 9.

ARTICLE SEVENTH.

Regulations and Penalties concerning the Navigation of the Canals, and the Collection of Tolls.

SEC. 111. Owners of canal boats to give certificate of registry to collectors.

112. If master of boat, whose owners reside out of state, is changed after certificate is given, new master to give one.

113. Collector to give receipt for certificate.

114. Comptroller to make register of boats navigating canals.

115. When boat is transferred, comptroller to alter register, upon proof of fact.

116. Comptroller to send collectors copy of register.

117. No clearance granted without proof of registry.

118. Persons named in certificate, deemed owners of boats, for certain purposes.
119. Penalty for changing name of boat without consent of comptroller, or for report-
ing false name.

120. No boat to have a clearance without name on it.

121 & 122. Masters of boats carrying property, to show bills of lading to what collectors. 123. Where no collectors at place of lading, delivery, or any intermediate place, bill of lading to be exhibited to collector at nearest place of delivery.

124 & 125. Penalty for exhibiting a false bill, or omitting to show true one when required.

126. Collector may compel master to verify bill by oath.

127. Every boat navigating canal, to have a separate clearance.

128. No boat to proceed beyond place for which it is cleared, until clearance shown to collector at that place.

129. If no collector at such place, clearance to be delivered at collector's office that boat last passes in voyage.

130. Twenty-five dollars penalty for not delivering clearance.

131. Collectors to give copies of clearances.

132. Such copy to have effect of original; collector's fees for making it.

133. Tonnage on canals to be ascertained and charged according to real weight of articles.

134. When master of boat and collector can not agree as to amount of tolls, articles to be weighed, &c.

135. Master to pay expense of weighing, &c.

136. Collector may detain boat and cargo until tolls, &c. are paid.

137. If payment be refused, collector may distrain and sell property.

138. Surplus arising from sale, after paying charges, &c. paid to master of boat, or

owner of property.

139. Statement of passengers to be furnished by masters of certain boats.

140. What first statement delivered, to contain.

141. When such statement is required, if the boat has conveyed no passengers, master to present to collector affidavit of fact.

142. If more than one person has had charge of boat, during time statement, &c. is required, each to make such statement, &c.

143 & 144. Collector to transmit such statement and affidavit to comptroller; penalty on master for not furnishing them; boat may be refused a clearance.

145. Collector receiving statement, &c. to give acknowledgment.

146. Certificate of comptroller, that no statement, &c. has been received at his office, presumptive evidence that none has been made.

147. Tolls on passengers in boats not belonging to a line, &c. how to be paid; penalties.
148. A specified sum, by the year, may be received as a commutation for tolls upon pas-
sengers.

149. Commissioners of canal fund to prescribe time of payment of commutation.
150. Bill of lading delivered, or payment of tolls made to persons authorised by col-
lector, same as made to him.

151. Collector, &c. to assign births to boats, when disputes arise concerning them.
152. No float to go over four miles an hour; ten dollars penalty for so doing.

153. When passage boat overtakes float, master of latter to let former pass.

154. When two floats meet, each to take the right.

155. When two floats meet, in certain places, which shall stop until other passes.

156. Ten dollars penalty for violating either of three preceding sections.

157. Floats within 100 yards of lock, on level with water in lock, to pass before any

float on another level.

158. Questions of precedence in passing locks, to be decided by lock-keeper.

159. Twenty-five dollars penalty for not conforming to such decision, or for violating ART. 7.

two preceding sections.

160 Twenty-five dollars penalty for using shafts pointed with iron, on canal.

161. Decked boats to have knife fixed on bow or stem.

162. Twenty-five dollars penalty for not complying with above provision.

163. Same penalty for obstructing canal, by mooring boats, &c.

164. Penalty for obstructing it by sinking any boat, &c. &c.

165. Boats, &c. found floating in canal, or any articles found on tow-path, to be seized
and sold.

166. If owner of article pays costs, &c. not to be sold.

167. Avails, how accounted for.

168. If articles sold, proceeds of sale to be paid to owner, after deducting costs, &c.

169 & 170, Forfeiture for taking rails, posts, &c. from banks of canals.

171. Penalties, &c. enacted by this article, chargeable on boat or float.

172. When such penalty is sued for, process to direct officer to detain boat, &c.

173. If defendant prevail, to be released; if judgment recovered against him, to be

sold, if amount, with costs, &c. not paid.

registry.

$111. The owners of every boat navigating the canals, shall sub- Certificate of scribe and deliver to the collector of whom the first clearance for such boat shall be demanded, a certificate, to be entitled, "a certificate of registry," containing the names of such owners, and their respective places of abode, and also the name of the boat, and of some place as that where it is owned; if the owners shall reside out of this state, the certificate of registry shall be signed and delivered by the master of the boat, as the owner thereof.40

$112. If the master of a boat of which the owners reside out of Ib. the state, shall be changed after he shall have delivered such certificate, the new master shall sign and deliver a proper certificate of registry, to the collector of whom he shall first require a clearance.40

lector.

$113. Every collector receiving a certificate of registry, shall sign Duty of colan acknowledgment of the receipt thereof, and deliver the same to the master of the boat; and shall, without delay, transmit the certificate received, to the comptroller.40

comptroller

$114. The comptroller shall make a register of all boats navi- Duty of gating the canals, which shall be kept with the books and papers in his office relative to the canals, and be open to inspection during office hours. The name of no registered boat shall be changed, without the order of the comptroller.40

how changed.

S115. If any persons residing within the state, claiming to be the Register, owners of a registered boat, by a transfer from its former owners, shall produce to the comptroller, due proof of such transfer, and shall deliver him a new certificate of registry signed by themselves, it shall be the duty of the comptroller to change the register of such boat, so as to correspond with such new certificate.40

lectors.

$116. The comptroller shall, from time to time, transmit to the Copies to col several collectors, a certified copy of the register of boats in his office, and of the several changes made therein.40

(40) Laws of 1827, p. 225, § 18 to 22.

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