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tion of salt by
salt so deposited, according to a certificate to be made by the inspec- ART. 5. tor, stating the quantity of such salt, as nearly as may be, on an estimate to be made thereof, without actually measuring or weighing the same, until such salt shall be inspected and the duties paid thereon, when such manufacturer shall have credit for the duties actually received on such salt, and be charged with the amount credited to him, on the inspector's certificate.
$ 136. No salt not packed in barrels or casks, marked or branded Transporta. as above required, shall be conveyed or transported from the reserva- water. tion by water, except on the Erie or Oswego canals.
$ 137. Whenever salt shall be loaded in bulk on board of boats to ib. be transported on the Erie or Oswego canals, pursuant to the rules and regulations of the superintendent and inspector, and the duties shall have been paid thereon, the superintendent shall give a certificate thereof, which shall be delivered by the person receiving it to the inspector, who shall thereupon give a certificate, stating the amount of salt loaded on board such boat, and that the duties thereon have been paid to the superintendent.
$ 138. It shall be the duty of every collector of tolls on the Erie Duty of color Oswego canals, at any place where any boat having loose salt on le board, shall first come from the salt works where the same was made, to stop and detain every such boat, until such certificate of the inspector shall be produced, and on the production thereof, to take the same, and permit the boat 'to pass. The certificate shall be filed in the office of such collector, who shall give a certified copy of the same to the person having charge of the boat.
S 139. If no such certificate shall be produced, or if the collector 1b. shall be of opinion that the quantity of loose salt on board such boat, exceeds the quantity mentioned in the certificate, he shall cause the same to be measured; and shall detain every boat having loose salt on board, without such certificate, or having on board a greater quantity than that mentioned in the certificate, with all the salt in the same, until the owner of such salt, or the owner or master of the boat, shall pay to such collector the sum of one dollar for each bushel of loose salt, so found on board a boat having no certificate, or exceeding the amount mentioned in the certificate produced, for the use of the canal fund, and two cents per bushel on the salt measured, for the expense of measurement, in lieu of all other penalties.
S 140. No boat loaded with salt in bulk, shall be permitted to pass it. any collector's office, without exhibiting to such collector, such certificate or a collector's receipt therefor. .
S 141. Every person who shall remove, or attempt to remove from per the reservation, or from any salt manufactory, store-house, or other ment of de
Penalty for ovading page
Process for penalty how executed.
TITLE 10. place of deposit, any salt before it shall have been inspected, and the
duties thereon paid, with intent to evade the inspection thereof, or the payment of the duties thereon, shall forfeit such salt, together with the bag, barrel, or other vessel in which it shall be contained.
S 142. Every such person shall also forfeit five dollars for every bushel of salt so removed or attempted to be removed ; and the boat, vessel, cart, wagon, sled, or other vehicle in, or by which, the same shall be removed, or attempted to be removed, together with all the apparel, tackle and team thereto belonging, shall be taken to be the
property of such person, and be liable to the payment of such penalty. Process for $ 143. The superintendent and inspector, and their deputies, and
every person by them or either of them for that purpose specially deputed, and every person empowered to execute any process issued for any penalty incurred under the two last sections, or either of those sections, shall severally have power to enter any boat, vessel, cart, wagon, sled, or other vehicle, in or by which such salt shall have been removed, or attempted to be removed, as above specified; to seize all such salt, with the bag, barrel, or other vessel containing it; and to sell the same, for the use of the people of this state, at public auction, after giving six days' notice of the time and place of sale.
S 144. The officer or person making such seizure, may also seize such boat, vessel, cart, wagon, sled, or other vehicle, together with the tackle, apparel, and team thereto belonging, and may retain the same until the determination of any suit, which may be brought for the penalty above imposed.
S 145. Such officers, or other persons, shall also severally have power to enter every barn, store-house, enclosure, or other place of deposit, which they may suspect to contain salt so removed, or attempted to be removed, to seize all salt so removed, or attempted to be removed, that shall be found therein, with the bag, barrel, or other vessel containing it, and to sell the same, in the manner and for the purposes provided in the one hundred and forty-third section of this Title.
Buildings may be ertered.
$ 146. If any person shall convey or transport, or cause to be conveyed or transported from the reservation, by water, (other than by the waters of the Erie or Oswego canals) any salt not packed in barrels, or casks, marked or branded as aforesaid ; or shall put any such salt on board any boat or vessel, with intention so to convey or transport the same from the reservation, such person, and his aiders and abettors, shall severally forfeit and pay five dollars for every bushel of salt so conveyed or transported from the reservation, or so put on board any buat or vessel, with intention so to convey or transport the same; and shall also forfeit such salt.
S 147. It shall be the duty of the several officers and persons enu- ART. 6. merated in the one hundred and forty-third section of this Title, to seize and sell such salt, in the manner and for the purposes directed by that section.
S 148. If any salt manufacturer shall be guilty of defrauding the Salt lot when revenue of this state, by conveying, or causing to be conveyed from his manufactory, any salt without inspection, with intent to evade the payment of the duties thereon ; of shall advise, aid, or assist any other person, in conveying away the same with intent to evade the payment of duties thereon; the salt-manufacturing-lot of such manufacturer, with the erections thereon, and the appurtenances, shall, upon his conviction of such offence, be forfeited to the people of this state; and the superintendent shall enter upon such salt manufacturing lot, and expose the same to sale at public vendue, with the erections thereon, and the appurtenances. Such manufacturer shall also be liable, to all the other penalties provided by law, against such offences.
S 149. If any inspector shall consent to, connive at, aid or abet Penalty on the smuggling of salt, or the transporting of the same away, so as to evade the payment of duties thereon; or shall accept of any bribe or sum of money, or any gift or reward whatsoever, upon any express, or secret, or implied trust, or confidence that he shall connive at, or consent to any evasion of the laws for the inspection of salt, or the payment of the duties on salt, such inspector shall forfeit his office, and pay to the use of the people of this state, the sum of two hundred and fifty dollars.
S 150. If the deputy of any inspector shall be guilty of the offen- Deputy-inces specified in the last section, or either of them, the inspector appointing such deputy, shall forfeit to the use of the people of this state, the sum of two hundred and fifty dollars, for the recovery of which his bond shall be put in suit.
Sec. 151. Meaning of term “ reservation," in this Title.
152. Meaning of term “manufacturer.” 153. Superintendent, inspector, and deputies, and all persons employed in works, ex
eropt from militia and jury duty. Evidence thereof. 154. Process for penalties under this Title, may be served Sunday, &c. 155. If no civil officer present, superintendent, &c. and their deputies, may serve pro
cess. 156. Bail in such cases to be taken in name of sheriff. 157. If suit commenced by warrant of a justice of Onondaga county, upon what condi
tions defendant may have it adjourned. 158. If defendant comply with conditions, justice to take testimony in writing, and
canse may be adjourned.
Privileges of officers.
TITLE 10. SA. 159. Upon execution issued upon judgment of a justice, if no sufficient property foond
to satisfy it, defendant to be committed for sixty days. 160. If defendant found without walls of jail, within that time, sheriff liable for an es
саре. 161. When penalty is imposed under this Title for a trespass, and a private person in
jured, he may recover damages against trespasser. 162. Expenses for stationary, &c. of different officers, and printing, to be paid out of
treasury. 163. Comptroller to cause to be printed and distributed as many copies of this Title as
he shall judge necessary. Reserve, S 151. Whenever the term "reservation," occurs in the second, tion" defined
third, fourth, fifth and sixth Articles of this Title, it shall be construed to extend to the whole of the original reservation for the use
of the salt springs. * Manufactu- $ 152. The term “ manufacturer,” whenever it shall occur in the rer," defined.
above mentioned Articles of this Title, shall be construed to apply to every person having, at the time, the charge, direction or control of a manufactory, whether as owner or proprietor thereof, or by lease or
hiring from such proprietor. of S 153. The superintendent and inspector, and each of their depu
ties, and all persons employed in attendance upon any works for the manufacturing of coarse salt, shall be exempt from serving on juries, and from all military service, except in case of actual invasion or insurrection; and the commission or appointment in writing, of any such officer or deputy, and the certificate of any owner or agent of any coarse-salt-manufactory, that any person is employed or engaged in attending upon such manufactory, shall be evidence of the facts
stated therein. Process how $ 154. Any process by which the defendant's body is ordered to
be taken, in any action brought for any forfeiture or penalty under this Title, may be issued and served on Sunday, and the defendant held in custody, for trial, until a reasonable time on the day following, if such process be issued by a justice of the peace; but if issued from any court of record, then the defendant shall be detained, until he shall give bail, as in actions where defendants are held to bail.
S 155. If no civil officer be present, to serve any such process, the superintendent or inspector, or either of their deputies, shall be, and they are hereby respectively authorised to serve such process,
whether the same be issued and served on Sunday, or any other day. . Bail thereup- $ 156. In case process issued out of any court of record, shall be
so served, bail shall be taken in the name of the sheriff, in the same manner as though such process had been served by one of his deputies; but the sheriff shall not be responsible for the sufficiency of such bail, unless the defendant shall have been actually committed to jaile in which case he shall be responsible as in other cases.
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$ 157. If any suit for the recovery of any such penalty or forfeit- ART. 6. ure, shall be prosecuted by warrant issued by any justice of the peace of the county of Onondaga, it shall not be lawful for such justice to of suit for
penalty. adjourn the cause, on the prayer of the defendant, unless such defendant shall consent, that the justice take the testimony in writing of any witness on the part of the plaintiff, then present, but actually res siding without the county of Onondaga.
S 158. If the defendant shall so consent, the justice shall then pro- Ib. ceed to take such testimony, in the presence of the defendant, and reduce the same to writing; after which, the cause may be adjourned; and the testimony so taken, shall be received in evidence on the trial of the cause.
S 159. Whenever a judgment shall be obtained before a justice of Defendant the peace, against any person, for any such penalty or forfeiture, and committed, an execution be issued thereon, in case the officer having such execution shall not be able to levy the same on any property of the defendant, he shall commit the defendant to the jail of the county, where he shall remain confined, within the walls of the jail, without bail, for the term of sixty days, unless he shall sooner pay or satisfy such execution; and every execution so issued, shall contain a clause, ordering the defendant to be imprisoned, as above specified, unless property whereon to levy such execution, shall be found by the officer to whom the same shall be directed.
$ 160. If, at any time, any defendant, so committed to jail, shall Escape be found without the walls of the jail, it shall be deemed an escape, and the sheriff shall be liable for the amount due on the execution.
$ 161. Whenever, in this Title, a penalty or forfeiture is imposed Liability of for any trespass by which any private person shall be injured, the of trespass. person committing such trespass, shall, notwithstanding such penalty or forfeiture, be liable to the party injured, for damages and costs.
$ 162. The expenses of stationary and forms for the different offi- Stationary, cers, and for their own use, in the execution of the duties of their of- cers. fice, and the expense of printing directed by this Title, shall be audited by the comptroller, and be paid out of the treasury of this state, from the monies received from duties on salt, as a part of the contingent expenses for the collection of those duties; and the superintendent shall, semi-annually, on the first Monday of January and July in each year, certify to the comptroller the amount of such expenses, stating at length the items constituting the same, and furnish the vouchers therefor.
$ 163. The comptroller shall cause such number of copies of this Title to be printed in a pamphlet form, as he shall judge necessary,
&c. for onli