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Damages claimed by

ascertained.

therewith, and to dig for, work, get and carry away, and use, all such stone, gravel, clay, timber and other materials as may be necessary or proper, in their opinion, for such reparation, doing as little damage thereby, as the nature of the case will permit : And

in case damages shall be claimed by the owner or owners of any owners, how land entered upon for the purpose of obtaining materials as afore

said, and the said commissioners, or either of them, or the principal engineer of that portion of either of the said canals, where such injury may have occurred, cannot agree with such owner or owners as to the amount of said damages, theu, for the purpose of ascertaining that amouót, it shall be lawful for either of the said acting commissioners, or for such engineer, to select one discreet freeholder of the county wherein such damages may be claimed, and such owner or owners, another, and these two freeholders shall select a third, which three, after being severally sworn before any person authorised to administer oaths, faithfully and impartially to assess said damages, shall proceed to enquire into said damages, and after having ascertained the same by the concurrent opinion of any, two or all of the said freeholders, they shall certify the same in writing, under their hands and seals, or the hands and seals of any two of them; and the amount of damages thus certified, shall be paid to such owner or owners, by the said commissioners, within ten days after said certificate shall be delivered to them, or as soon thereafter as they shall be in funds; and proof of such payment, or of the oifer of such payment, in case of refusal to receive the same on the part of such owner or owners, shall forever discharge the said commissioners and their engineers, and all persons employed by them, from all claims for entering upon such land, and taking and using materials as aforesaid ; and in case the amount of damages certified by said freeholders, in any case, shall fall short of the sun offered for such damages by said commissioners or engineer, previously to the selection of said freeholders, then the cost of all proceedings after such offer, shall be deducted from the amount of damages so certified, and said commissioners shall be required to pay lo said owner or owners, no more than the residue of said damages after the deduction of such cost; but in case the amount of damages so certified, shall exceed such previous offer, then all such cost shall be paid by said commissioners over and above the damages so certified; and the said freeholders shall each be entitled for his services to the sun of one dollar and fifty cents, for each assessment of damages ; and if more days than one are required to ascertain and assess said damages, then each of said freeholders shall be entitled to one dollar and fifty cents per day, for every day thus required.

IV. And be it further enacted, That every boatman or other Duty of boatmen, in pass- person having charge of any boat or other floating thing, upon ing through a either of the said canals, wbich shall pass through any lock there

on in descending from a higher to a lower level, shall, previously to moving his boat or other floating thing into any lock; shut the lower gates of such lock, and the paddles thereto belonging, before he shall open the upper gates, or draw or open the paddles thereof, or open the culvert gates of the head of said lock, aud after he shall have moved his boat or other floating thing into the said lock, he shall then shut the upper gates thereof, and the paddles

Boats within

othér, etc.

of boats, &c.

thereof, and the gates of the culverts belonging to the head thereof, before he shall draw or open the paddles of the lower gates thereof; and immediately after such boatman or other person shall have moved his boat or other floating thing, through any lock either way, and shall have emptied such lock, he shall securely shut all the passages for water into and out of said lock, contrived for the purpose of filling or emptying the same : And at all times, boats or other floating things going up the said canals, if within sight of any boat or other floating thing comiug down, and at a distance not exceeding one hundred yards below any lock, shall pass through such lock before the boat or other floating thing above such lock shall come down ; and if there shall be more boats or other floating things than one below and one above any lock, sight of eacut at the same time, within the distance aforesaid, such boats or other floating things shall go up and come down through such lock by turns, as aforesaid, until they shall have passed the same, in order that one lock full of water may serve two boats or other floating

Penalty things. And if any boatman or other person shall offend agaiust either of the provisions of this section, he shall forfeit for every such offence the sum of twenty-five dollars.

V. And be it further enacted, That if any hoat or other float- Regulation ing thing shall be so moored, in either of the said cabals, as to ob- as to mooring struct the navigation thereof, or if any person or persons shall obstruct the navigation of either of the said canals, by means of the loading, unloading, misplacing or otherwise misconducting any boat or other floating thing, and shall not immediately, upon being requested thereto by any commissioner, engineer, superintendent or agent employed on said canals, or by any person incommoded by such obstruction, remove the same, the boatman or person who caused said obstruction, shall forfeit for every such offence, the Penalty sum of twenty-five dollars, over and above the expense of removing said obstruction,

VI. And be it further enacted, That if any person shall ob- Obstructions struct the navigation of either of the said canals, by sinking any

by sinking vessel, timber, stone, earth or other thing or things, to the bottom &c. of either of said canals, or by placing any obstruction on the town ing path thereof, or on the bank opposite the towing path thereof, such person shall forfeit for every such offence, the sum of twentyfive dollars; and in case such forfeiture is not paid forthwith, on conviction of such offence, such convict shall be imprisoned in the Penalty. gaol of the county where such offence may be committed, upon the warrant of any court before whom such conviction may be had, for the term of one calendar month.

VII. And be it further enacted, That if any person or persons shall Opening, &c. wantonly or unnecessarily open orshut, or cause to be opened or shut, anylock gate, any lock gate, or any paddle orculvert gate thereof, orany waste gate, or drive any nails, spikes, pins or wedges into either of the said gates, or take any other mode of preventing the perfect and free use of either of the said gates, or shall wantonly or maliciously break, throw down or destroy any bridge or fence, on either of the said canals, such person or persons shall, for every such offence, forfeit the sum of fifty dollars, and be imprisoned in the gaol of the county where such offence may be committed, upon the warrant of the Peually,

any vessels

&c.

bank, etc.

Boats meet

other.

court before whom a conviction for such offence shall be had, for a term not less than one, nor more than three calendar months,

VIII. And be it further enacted, That if any person or persons Destroying any lock,

shall wilfully and maliciously break, throw down or destroy any lock, bank, waste-weir, dam, aqueduct or culvert, belonging to either of the said capals, such person or persons shall, for every such offence, pay all the damages arising from such breaking, throwing down or destroying, and on conviction thereof, before any court of general sessions of the peace, or court of oyer

and terminer to be held in the county where such offence may be committed,

shall be sentenced to innprisonment in the state prison, at hard laPenalty.

bour, for any term not less than three years, in the discretion of the court before whom such conviction shall be had.

IX. And be it further enacted, That in all cases where any ing oue an

boat or other floating thing, in passing on either of the said canals, shall meet with any other boat or other floating thing, it shall be the duty of the boatmen or person having charge of each of said boats, or other floating things, to turn out to the right hand, so far as to give to each other a free passage, or as to be wholly on the right side of the centre of the canal ; and in all cases when any boat or other floating thing, shall approach any place on either of the said canals, which is less than thirty feet wide at the top water line, or which will not safely permit their passing, it shall be the duty of the boatman or person having charge of the boat or other floating thing, going from the navigable waters of the Hudson river, to wait at such distance from such narrow plaee as may be convenient for the boat or other floating thing, going towards the said navigable waters, to pass through the said narrow place, until such passage is effected ; and every boatman or other person violating either of the provisions of this seetion, shall forfeit, for every such offence, the sum of ten dollars.

X. And be it further enacted, That no boat or other floating more than 5 thing shall be permitted to move on either of the said canals, with

out permission in writing of a majority of the canal commissioners, faster than at the rate of five miles an hour; and that in all cases in which a boat intended and used chiefly for the carriage of persons and their baggage, shall overtake any boat or other floating thing, not intended or used chiefly for such purpose, it shall be the duty of the boatman or person having charge of the latter to give the former every practicable facility for passing ; and whenever it shalt become necessary for that purpose, to stop, until such boat for the carriage of passengers shall have fully passed ; and every boatman or other person who shall offend against any part of this section, shall forfeit, for every such offence, the sum of ten dollars.

XI. And be it further enacted, That no person shall construct any wharf, basin or watering place on, or make and apply any device whatever, for the purpose of taking water from either of the said canals, without first obtaining permission therefor, of one of the acting commissioners, or of the principal engineer of the canal where such wharf, basin, watering place, or device as aforesaid is desired, in writing; and if any.person sball offend against this section, by attempting to make any such construction or apply such device, without such permission, or shall not conform to the directions of the acting commissioner or engineer who may give such

Not to move

unless, etc.

Wharves not to be constructed,

Agents dis

surrender books, papers,

ces in case of

permission, in respect to the location aud size of such wharf, basin, watering place, or device as aforesaid, such person shall, for every such offence, forfeit the sum of twenty-five dollars ; and the Penalty. said acting commissioner, or engineer, shall be authorised, at the expense of the person thus attemping to remove and destroy every such wharf, basin, watering place or device as aforesaid.

XII. And be it further enacted, That if any agent, toll collector, lock kexper, or superintendent employed cu either of the missed, to said canals, and occupying any house, office, building or land belonging thereto, shall be discharged from his employment by either property, etc. of the acting commissioners on said canals, and shall not deliver up the possession of such house, office, building or lands and their appurtenances, together with all the books, papers and other matters and things belonging to the said canals, within seven days next after notice of such discharge shall be given to him, or left at such house, office or building; or if the wife or family of any such agent, toll collector, lock keeper or superintendent, who shall die in either of said einployments, shall refuse to deliver up the possession of such house, office, building, or lands and appurtenances, together with the books, papers and other matters and things belonging to either of the said canals, in his, her or their custody, power or possession, within seven days after another person shall have been appointed in the place and stead of the person so dying, then and in either of those cases, it shall be lawful for any justice of the peace, in the county where such house, office, building or lands

Duty of justishall be, and he is hereby required, by warrant, under his hand and seal, to order any constable or other peace officer, with such refusal. assistance as may be necessary, to enter such house, office, building, or upon such land, in the day time, and remove the persons who shall be found therein, together with their goods and chattels, out of such house, office, building, and off from such land, and to take possession of all the books, papers, matters and things belonging to said canals, and to deliver possession of the same to the new appointed agent, toll collector, lock keeper or superintendent.

XIII. And be it further enacted, That the tonnage of all ar- Tonnage how ticles conveyed on either of the said canals, on which toll inay be to be ascercharged therefor, shall be ascertained and charged according to the real weight thereof, and that one hundred and twelve pounds weight avoirdupois shall be deemed and taken as and for one hundred weight; and in case any difference shall arise between any collector of the said rates, and the boatinan or other

person

having charge of such articles, or the owiler thereof, concerning the weight thereof, it shall be lawful for any such collector to stop and detain Power to such articles, together with the vessels in which they may be con- stap vessel. tained, and to weigh the same; and if upon such weighing the said articles shall be found to weigh more than the account given thereof by such hoatman, person or owner, then it shall be lawful for such collector to charge toll for said articles, according to their weight thus found ; and such boatman, person or owner, shall Expense of

weighing of such weighing, at the rate of twelve and a expenses half cents for every ton weighed, to the said collector, who in case of refusal to pay the same, on demand, by such boatman, person or owner, shall be authorised to levy the said expenses, in the

pay the

between

case

on,

same manner as is hereinafter provided in case of refusal to pay

toll. Differences xiy. And be it further enacted, That in all cases where toll boatmen and is charged by the number of articles conveyed, or by the number collector. of feet contained therein, if any difference shall arise between any

collector of the said toll and the boatman, or person having charge of sych articles, or the owners thereof, it shall be lawful for any such collector to stop and detain such articles, together with the vessels in which they may be contained, and to count or measnre the same ; and if upon such counting or measurement, it shall be found that the said number or feet exceed the account given by such boatinan, person or owner, then it shall be lawful for such collector to charge toll according to the number and feet thus found ; and such boatman, person or owner shall рау

the

expense of such counting or measurement, at the rate of six cents a piece for sych articles as pay toll by number, and twelve and a half cents per hundred feet for such articles as pay by the foot, for all the articles so counted or measured, to such collector, wh of refusal to pay the same, on demand, by such boatman, person or owner, shall be authorised to levy the said expenses, in the same

manner as is herein after provided in case of refusal to pay toll. Names of XV. And be it further enacted, That no boat or vessel of any vessels to be description shall be permitted to pass through any lock, on either

of the said canals, unless such boat or vessel shall have painted, in large letters, near the head or stern thereof, and above the water when full laden, the name of such boat or vessel, and the place where the same is owned ; and every boat or vessel, except those used exclusively for the carriage of persons and their baggage,

shall have fixed on each side thereof, two metallic straps, one near Metallic straps, the head, and one near the stern, extending from below the sur

face of the water when empty, to above the surface of the water when full laden, which straps shall each be so graduated and marked, as distinctly to shew the amount of tons weight contained in said boat or vessel ; and every person who shall attempt to pass any boat or vessel through any lock, or shall introduce any boat not pamed and graduated as aforesaid, into either of the said canals, in violation of this section, after the first day of September next, shall forfeit for every such offence, the sum of twenty-five dollars.

XVI. And be it further enacted, That no person navigating Penalty

either of the said canals, shall be perınitted to use therein Setting poles,

set

any &c. prohibit- ting pole, or shaft poipled with iron or other metal, and is any ed.

person shall offend against this section, he shall, for every such of fence, forfeit the sum of five dollars, and it shall be the duty of the

lock keeper to take such pole or shaft so sound, Bills of lad

XVII. And be it further enacted, That every boatian or person having charge of property moving on either of the said canals, shall give to such persons as may be duly authorised to collect tolls, at the place where such collector shall attend for that purpose, a just account or bill of lading, in writing, signed by the person or persons sending or conveying such property, or by his or their clerk or agent; which account shall contain a staternent of the weight of all the property on which toll is charged by the ton, and of the number of articles on which toll is charged by the nym

ing:

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