ARTICLE SECOND. OF THE CANAL COMMISSIONERS, AND THEIR GENERAL POWERS AND DUTIES. SEC. 9. Superintendence of canals vested in canal commissioners. 10 & 11. Acting commissioners to give bond. When to be renewed. 12. Choice of president and secretary. 13. Of calling board together. 14. A majority of board may do business. 15. Board may employ agents, &c. 16. Commissioners have power to make feeders, &c., for proper construction of canals authorised by law, and to take possession of all necessary lands, &c. 17. Extraordinary repairs, how made. 18. Such repairs to be completed as soon as practicable. 19. Public roads may be altered or discontinued, when necessary. 20. Description of the road altered, &c., to be filed in town clerk's office. 21. Passage of road discontinued, &c., not to be obstructed till new road passable. 22. Alterations heretofore made, to be deemed valid. 23. When navigation interrupted, injury causing it to be immediately repaired. 24. Commissioners to erect and keep toll-houses, &c., in repair. 25. To make regulations concerning the navigation of the canal. 26. Regulations to be printed and distributed. 27. To be filed in comptroller's office; proof of their existence. 28. Portion of canal to be assigned to each acting commissioner. 29. Duty of each acting commissioner. 30. Must take duplicate receipts for monies paid by him. 31. Contracts for making repairs and improvements, to be in writing. 32. With whom copies of contracts are to be deposited. 33. Publication of proposals for contracts. 34. What proposals to contain. 35. No more than one proposition to be received from any one person, for same contract. 36. Security to be given by contractor; penalty for violation of contract. 37. When extra allowance to be made contractors. 38. Materials procured under contract, exempt from execution." 39. Either of commissioners may draw money to pay contractors. 40. No commissioner allowed to have in his hands more than 10,000 dollars at one time. 41. Damages and penalties, to be paid to commissioners of canal fund. 42. Commissioners to account to comptroller, and comptroller to legislature. ART. 2. missioners. $9. The general care and superintendence of the canals Board; actshall continue to be vested in the board of canal commis- ing comsioners; so many of whom, not exceeding two, as may be annually designated by the board, shall be acting commissioners. missioners. Laws of 1816, 295, § 2. See Laws of 1844, ch. 280; 1845, ch. 6. $10. Each acting canal commissioner, before he shall enter Bond of on the duties of his office, shall execute a bond to the people acting com of this state, in a penalty of twenty thousand dollars, with [220] 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, TITLE 9. When renewed. Officers of board. Meetings, how called. Quorum. Powers of commissioners; agents, &c. Ib., feeders &c. Ib., extra ordinary repairs. [221] or by the comptroller; such bond shall be approved of by the comptroller, and filed in his office. Laws of 1821, 26, § 4. $ 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. Laws of 1816, 295, § 2. S 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. Laws of 1816, 295, § 2. S 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. Laws of 1816, 295, § 2; 1817, 302, § 2. $ 15. The board may employ such and so many agents, engineers, 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. Laws of 1816, 295, § 2; 1817, 302, § 2. $16. 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. Laws of 1817, 302, § 3; 19 B., 266; 2 H., 347. $ 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 models, or maps, as the case may require, of the contemplated works, 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. Laws of 1816, 296, § 3; 1827, 229, § 38. ART. 2. lands, &c. $18. If such extraordinary repairs or improvements shall be To take directed 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. Laws of 1817, 302, § 3. $19. Whenever for the purpose of constructing a canal, or Altering making any extraordinary repairs or improvements, it shall be roads, &c. 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. Laws of 1820, 190, § 21. ings. $20. It shall be his duty to draw up in writing and figures, Proceeda true 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. Laws of 1820, 190, § 21. tions. $21. The canal commissioners shall not, however, obstruct Restric the 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. Laws of 1820, 190, § 21. alterations. S22. Every alteration heretofore made by any engineer, in Former any public road on either of the canals, shall, from the time of such alteration, be deemed valid in law. Laws of 1820, 190, § 21. See Laws of 1834, ch. 276. canals. $23. Whenever the navigation of any of the canals shall Injuries to be interrupted 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. Laws of 1820, 183, § 3. See Laws of 1833, ch. 196. [222] Toll TITLE 9. S 24. It shall be the duty of the canal commissioners, to keep in complete repair, all toll-houses, weighing-scales, offices houses, &c. 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. To make regulations. Notice of them. How au Laws of 1820, 189, § 20. S25. 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 twentyfive dollars. Laws of 1820, 189, § 20. $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 lockkeepers, to be kept in their respective offices for public inspection. $27. All rules, regulations and forfeitures, established by thenticated. 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. Special charge of canals. Duty of acting commissioners. Laws of 1827, 224, § 15. $ 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 subordi nate agents, and to receive and hear all complaints that may be preferred against them. 1 H., 285. ART. 2. And generally to enforce the faithful execution, by all [223] persons concerned, of the provisions of this Title. See Laws of 1847, ch. 278. $30. It shall be the duty of each acting commissioner, to Receipts. take duplicate receipts for all monies, advanced or paid by him. Laws of 1821, 26, § 5. $31. All contracts for the construction of a canal, and for Contracts. the 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. them. Laws of 1825, 401, § 4; 1827, 229, § 36; 1828, chap. 321, § 3, April 21, 1828. $32. One of such copies shall be retained by the board of Copies of canal commissioners, or the acting commissioner having the charge of such repairs or improvements; another shall be deposited with the comptroller. proposals. Laws of 1825, 401, § 4; 1827, 229, § 36; 1828, chap. 321, § 3, April 21, 1828. $33. Public notice shall be given of the time and place, at Notice for which 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. of pro Laws of 1825, 401, § 4; 1827, 229, § 36; 1828, chap. 321, § 3, April 21, 1828. S34. All proposals for contracts, for which sealed proposals Requisites are to be offered, shall be for a sum certain, as to the price to posals. 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. Laws of 1826, 363, § 32. $35. No more than one proposition shall be received from Ib. any one person for the same contract, and all the propositions of the person offering more than one, for the same object, shall be rejected, Laws of 1826, 363, § 32. $36. Every person who shall enter into any contract for Security. the supply 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. Laws of 1827, 229, § 35. See Laws of 1848, ch. 72; 1849, ch. 348. |