TITLE 9. Clearances, when granted. Who owners. Penalties. Name to be on each boat. Bill of lading; its contents. To whom to be exhibited. $117. No clearance shall be granted to any boat, unless the collector of whom it is required, shall have evidence that such boat is duly registered; or if it be not registered, until the master thereof shall have delivered to such collector, a proper certificate of registry, or have exhibited to him, the receipt of some other collector, for such certificate.41 $118. The persons specified in its certificate of registry, as the owners of a boat, shall be deemed in law the true owners thereof, for all purposes of enforcing the collection of tolls, and the execution of the rules and regulations for the navigation or maintenance of the canals. 41 $119. Every owner of a boat who shall change its name from that stated in its certificate of registry, then in force, without the order of the comptroller, and every master who shall enter or report such boat, at any collector's office, by a different name than that so stated, shall, for every such offence, forfeit the sum of twenty-five dollars.41 $ 120. No boat shall receive a clearance, or be permitted to pass on any canal, which shall not have the name thereof, and of the place where it is owned, corresponding with its certificate of registry then in force, painted in some conspicuous and permanent part of the outside of the boat, in letters of at least four inches in height."1 S121. Every master of a boat conveying property on a canal, shall exhibit to the several collectors hereinafter mentioned, a just and true account, or bill of lading, of such property, signed by himself and by the consignor thereof, and containing, 1. The name of each place on the canal, where any portion of such property was shipped, and of the place for which it is intended to be cleared. 2. A statement of the weight of all the articles, of such property on which toll is charged by the ton, of the number of articles, on which toll is charged by the number, and of the feet of each article, on which toll is charged by the foot. 3. A specification of the weight or quantity of each article, where a different rate of toll is charged on different articles, on which toll is so computed.42 $122. Every such account or bill of lading shall be exhibited, 1. To every collector of whom a clearance shall be required. 2. To every collector whose office shall be the next in order, in the course of the voyage, to the place where a clearance shall have been given. (41) Laws of 1827. p. 225. § 18 to 22. (42) Ib. p. 220, § 1. 3. To every collector at a place where any portion of the cargo shall be unladen, or any additional cargo be received; or if there be no collector at such place, to the collector whose office shall be next in order in the course of the voyage. 4. To every other collector who shall demand such account, or bill of lading, to be exhibited. 48 ART. 7. be exhibited. $ 123. If there shall be no collector's office at the place where To whom to any articles shall be laden, nor at the place of their delivery, nor at any intermediate place, the master of the boat shall, within ten days after the delivery of such articles, exhibit the bill of lading thereof to the collector whose office shall be nearest to the place of such delivery, and shall pay to such collector the tolls due on such articles; and every master who shall omit to exhibit such bill, and to pay such tolls, within the period so limited, shall, for every offence, forfeit the sum of twenty-five dollars.43 $124. Every master of a boat navigating a canal, who shall omit Penalties. to deliver a true bill of lading to any collector when required, or shall deliver any articles mentioned in a bill of lading, at a place beyond that to which they shall be cleared, shall forfeit the sum of twenty-five dollars. Every person who shall sign or deliver to any collector, a false bill of lading, shall pay, on all property omitted in such false bill, treble the toll usually charged on such property, to any collector who shall be satisfied of such omission, for the whole distance such property is conveyed on a canal.43 $125. Every person who shall knowingly sign or deliver a false . bill of lading, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both: the fine not to be less than three times the value of any property omitted in such bill, and the imprisonment not to exceed two years.43 rified. $126. Every collector receiving a bill of lading, may require the Bills how vomaster exhibiting it, to verify it by his oath, which such collector is authorised to administer. $127. Each boat navigating the canals shall have a separate clear- Clearances. ance, and no part of the cargo of any boat shall be cleared to a place, beyond that, to which the boat is cleared.44 of boats. $128. No boat shall proceed beyond the place to which it shall be Regulations cleared, nor unlade any article of its cargo before, or after, its arrival at the place for which such articles are cleared, nor proceed beyond such place, until the master thereof, shall have delivered the clearance of such boat or articles, to the collector, at the place for which they are cleared.4 VOL. I. 44 (43) Laws of 1827, p. 220, § 1. (44) Ib. p. 224, § 16. 31 TITLE 9. Regulations of boats. Penalty. give copies. $129. If there be no collector at such place, the master shall deliver the clearance of the boat or articles, to the last collector whose office shall be passed by the boat in the order of its voyage, and shall receive a permit from such collector, to proceed to the place to which they are cleared.45 $130. Every master who shall omit to deliver a clearance to the collector, to whom the same ought to be delivered, shall forfeit the sum of twenty-five dollars.45 Collectors to S 131. Every collector issuing any clearance, or in whose office any clearance is on file, shall, whenever requested, give a certified copy thereof, with the additional cargo entered thereon, and the several endorsements of other collectors. 46 Effect of copy; tees $132. Such certified copy shall have the same validity and effect, for making. as the original clearance, of which it is a copy; and every collector shall demand and receive for such certified copy, not exceeding two folios, from the person requesting the same, six cents, and twelve and a half cents for all copies exceeding two folios, and shall account to the commissioners of the canal fund, for all sums which shall be so received, at such time, and in such manner, as the comptroller shall direct.46 Tonnage. Articles when to be weighed. Expense how paid. lb. Payments ced. $133. The tonnage of all articles conveyed on either of the canals, on which toll may be charged by the ton, shall be ascertained and charged, according to the real weight of such articles.47 S134. Whenever a difference as to the amount of tolls to be paid, shall arise between a collector of tolls and the master of a boat, the collector shall detain the articles on which the tolls are charged, and the boat containing them, and shall weigh, count, or measure, the articles, as the case may require; and if it shall be found, that their weight, number, or feet, exceed the amount contained in the bill of lading thereof, the collector shall charge tolls, according to the weight, number, or feet thus found.47 $135. In every such case, the master shall pay to the collector, the expense of such weighing, counting or measuring, at the rate of twenty-five cents for every ton weighed; of five mills a-piece, of articles paying toll by the number; and of five cents for each hundred feet, of articles paying toll by the foot; and such expenses shall be chargeable on such articles, and on the boat containing them. 47 $136. The master of every boat shall be liable for the payment of how enfor tolls and expenses; and it shall be the duty of every collector of tolls to detain all articles on which tolls or expenses are chargeable, and each boat containing them, until such tolls or expenses shall be paid. ** (45) Laws of 1827, p. 224, § 16. (46) Ib. § 17. (47) Laws of 1820, p. 187, § 13 and 14 (48) Ib. p. 189, § 18. $137. If such payment be refused, the collector shall distrain so ART. 7. much of the property detained as shall be sufficient to satisfy the char- Ib. ges thereon; and at the expiration of eight days, if such charges shall remain unpaid, he shall expose to sale the property distrained, at his usual place of receiving tolls, and shall sell the same at public auction, to the highest bidder.49 $138. Any surplus arising from the sale, after the payment of the Surplus. charges and of the costs of distress and sale, shall be paid on demand, to the master of the boat, or the owner of the property distrained.49 passengers in $ 139. Every master of a boat which usually runs on the canal Statements of night and day, or which belongs to any regular line of packet or freight certain cases. boats, shall, during each navigable season on the canal, as often at least as once in thirty days, and oftener, if required by the canal board, and under such regulations as that board shall establish, deliver to some collector of tolls a statement of passengers, and shall verify the same under oath, to be administered to him by such collector; and at the same time shall pay to such collector, the lawful tolls on the passengers mentioned in the statement.50 first stater $140. The first statement so delivered, shall contain the names of Contents of all the passengers conveyed in such boat, from the commencement of ment. its running in that season, until the delivery of the statement, and the distance to which each passenger was carried; and each subsequent statement shall contain the names of all the passengers, and the distance to which each was carried in such boat, since the time embraced in the last previous statement.50 vit to be § 141. If it shall happen, that during the time for which a state- When affida ment is required, no passenger shall have been conveyed in such boat, made. the master thereof shall present to some collector an affidavit to be sworn to before such collector, that no passenger has been conveyed in such boat, during the time specified therein.50 masters. $142. If it shall happen that different persons have been masters, Different or had charge of any boat, for the time during which the statement or affidavit above mentioned is required, each person shall furnish such statement or affidavit for such portion of the time, as such boat was under his control, or management.50 duty; penal &c. $143. The several collectors shall transmit to the comptroller, Collector's the several affidavits and statements relative to passengers, received ty on masters, by them; and every master who shall neglect to furnish the affidavit or statement, or to pay the toll on any passengers, by law required, and every owner of such boat, when such neglect occurred, shall for each offence forfeit the sum of twenty-five dollars.51 (49) Laws of 1820, p. 189, § 18. (50) Laws of 1827, p. 226, § 23. (51) Ib. §. 24. TITLE 9. Further pen alty. Collectors to acknowledge statement, &c. Evidence of neglect to make state ment. Tolls on pas certain boats $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, relative to passengers, shall give to the person from whom he received the same, a written acknowledgment thereof. 53 $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 navigasengers in 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 Commutation for tolls. How paid. Clerks of collectors. 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. 55 $150. 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. |