TITLE 9. within whose line such water shall fall, shall proceed to sell and convey such surplus water in the manner following: [234] 1. Each privilege of using such water shall be sold separately, at public auction, to the person bidding the highest annual rent therefor. 2. The place of sale shall be in the vicinity of the place where the water may be most conveniently used. 3. A notice, stating the time and place of the sale, and describing the waters to be sold, shall be published twice in each week, for six weeks in succession, immediately preceding the sale, in the state paper, and once in each week for the same time, in each of the newspapers printed in the county where the water is to be sold. 4. A lease for such a term of years as shall have been directed by the canal board, shall be executed by the commissioners, in the name of the people of this state, to the purchaser, and in such conveyance, the rent bid by such purchaser, shall be reserved. 5. The conveyance shall contain a covenant, that the rent therein reserved, shall be paid annually to the commissioners of the canal fund, and a condition, that if such rent shall remain unpaid for one year after it shall become due, the grant or lease shall become forfeited to the state. 6. The conveyance shall also contain a reservation of the right, wholly to resume the water so conveyed, and the privileges thereby granted, and to control and limit the use of such water and privileges, whenever, in the opinion of the canal board, or of the legislature, the necessary supply of water for the use of any state canal, or the safety of such canal, or works connected therewith, shall render such resumption, control or limitation necessary; and a provision that where such resumption is made, or control or limitation imposed, no compensation or damages shall be allowed for any improvements or erections made in consequence of such grant or lease. 7. The conveyance shall contain a further reservation of the right of the state, without making any compensation to the purchaser, wholly to abandon or destroy the work, by the construction of which, such surplus waters shall have been created, whenever in the opinion of the canal commissioners, the occupation and use of such work, shall cease to be advantageous to the state. 8. A duplicate of such conveyance, under the hand and seal of the purchaser, shall be executed and delivered by him to the acting canal commissioner, who shall, without delay, procure the same to be recorded in the clerk's office of the county, in which the water sold shall be situated, and shall transmit it, when recorded, to the commissioners of the canal fund. 9. All the expenses attending the execution of the conveyances, and the recording thereof, shall be paid by the purchaser. Laws of 1825, 399, § 3; 1826, 363, § 31. ART. 5. voke former $91. When the canal board shall be satisfied that any lease Canal board of surplus waters granted by the canal commissioners, or when to reeither of them, before the twenty-first day of April, one leases. thousand eight hundred and twenty-eight, is invalid, or conveys no right to use such waters, and may expose the state to claims for remuneration, they may revoke and annul such lease, and may direct the re-payment to such lessee, of any monies received on such lease, with interest from the time of such payment; which shall be paid accordingly, on the warrant of the comptroller, from the canal fund. Act of April 21, 1828, 426, chapter 317. $92. Where there shall be a partial resumption only of the Right of waters so sold, the purchaser shall be entitled to the use of purchaser. the remaining water privileges for the residue of his term, on the payment of such reduced rent as shall be fixed by the canal board; but if he shall refuse to accept thereof at the rent so reduced, the privileges so remaining, shall be again sold by the canal commissioners, under the direction of the canal board. See Laws of 1842, ch. 274. [235] $93. At every place, where waters are to be taken from Walls to be any state canal, or work connected therewith, for hydraulic erected. purposes, except at 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. in them. Laws of 1826, 362, § 26; 1827, 223, §11. $94. No waste-gate, sluice, slide, water-gate or other pas- No wastesage, shall be made in connection with any wall or erection fates, &c., over which 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. Laws of 1826, 362, § 26; 1827, 223, § 11. $95. Any person who shall willfully make, or cause to be Penalties. made, 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. Laws of 1826, 362, § 27. $96. Every person now owning any water privilege, upon water how either of the canals, or hereafter purchasing any such discharged. TITLE 9. Error from decisions court. 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 benefited by such direction. Laws of 1826, 362, § 29. $97. The canal commissioners, or the party aggrieved, of supreme may bring a writ of error from any decision of the supreme court hereafter to be 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. Proceedings. [236] To give bonds. Duty of superintendents. Laws of 1827, 230, § 42. $98. On service of such writ of error it shall be the duty of the 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. Laws of 1827, 230, § 42. ARTICLE SIXTH. OF THE SUPERINTENDENTS OF REPAIRS, AND THE COLLECTORS OF TOLLS. 100. Duty of superintendent. 101. Shall be under direction of commmissioners. 102. To account to comptroller; duty of comptroller in case of neglect, &c. 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 every two weeks, in banks to be named by canal board. 107. Banks 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. $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. Laws of 1826, 361, § 2; 4 H., 633. $101. Each superintendent shall be under the direction of Ib. the canal commissioners and especially of the acting commissioner, having charge of the line of the canal, on which such superintendent is employed. Laws of 1827, 224, § 14. ART. 6. $ 102. Each superintendent shall, as often as once in sixty To account. 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. Laws of 1827, 224, § 13. fied. $103. Before any superintendent's account for expenditures How verishall 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. Laws of 1827, 224, § 13. See Laws of 1847, ch. 100; 1851, ch. 57; [237] lectors. $104. The collectors of tolls shall keep accounts of all tolls Duty of colreceived by them, in such form as shall be prescribed from time to time by the comptroller, and shall deposit such original books of account, 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. Laws of 1826, 360, § 7. $105. They shall also make abstracts from such books Abstracts. 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. Laws of 1826, 360, § 8. bauks. $106. They shall deposit the monies received by them for Deposits in tolls, 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. Laws of 1826, 360, § 9. banks. $107. The comptroller shall require the several banks sO Duty of designated, 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. Laws of 1826, 360, § 11. TITLE 9. Refunding tolls. Proceedings against $108. The collectors may be authorized to refund tolls erroneously paid to them, or which equitably ought to be refunded, under such regulations as shall be prescribed by the comptroller. Laws of 1826, 360, § 12. $109. If any collector of tolls shall neglect to deposit, collectors. according to law and the directions of the comptroller, the monies, that, from 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. Ib. [238] Laws of 1826, 360, § 18. S110. The sheriff to whom such warrant shall be directed, shall 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. Laws of 1826, 360, § 19. See Laws of 1847, ch. 100; 1851, ch. 57; 1853, ch. 52. ARTICLE SEVENTH. REGULATIONS AND PENALTIES CONCERNING THE NAVIGATION OF THE SEC. 111. Owners of canal boats to give certificate of registry to collectors. 114. Comptroller to make register of boats navigating canals. 117. No clearance granted without proof of registry. 118. Persons named in certificate, deemed owners of boats. 119. Penalty for changing name of boat, or for reporting false name. 120. No boat to have a clearance without name on it. 121-123. Masters of boats carrying property to show bills of lading to what collectors. 124 & 125. Penalty for exhibiting a false bill, or omitting to show true one. 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 was cleared, until clearance shown. 129. If no collector at such place, clearance where to be delivered. 130. 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 charged according to real weight. 134. When articles to be weighed, &c. 135. Master to pay expense of weighing, &c. |