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ART. 7. SEC. 136. Collector may detain boat and cargo until tolls, &c., are paid.

137. If payment be refused, collector may distrain and sell property.
138. Surplus arising from sale, paid to master of boat.
139. Statement of passengers to be furnished by masters.
140. What first statement delivered, to contain.
141. If the boat has conveyed no passengers, master to present affidavit of fact.
142. If more than one person has had charge of boat, each to make statement, &c.
143 & 144. Collector to transmit such statement to comptroller; penalty on master

for not furnishing them; boat may be refused a clearance.
145. Collector receiving statement, &c., to give acknowledgment.
146. Certificate of comptroller, that no statement. &c., has been received, presump-

tive evidence thereof. 147. Tolls on passengers in boats not belonging to a line, &c., how to be paid;

penalties. 148. Commutation for tolls upon passengers. 149. Commissioners of canal fund to prescribe time of payment of commutation. 150. Bill of lading delivered, or payment of tolls to agent of collector. 151. Collector, &c., to assigu births to boats. 152. No float to go over four miles an hour; penalty for so doing. 153. When passage boat overtakes float, latter to let former pass. 154. When two floats meet, each to take the right. 155. When two floats meet, in certain places, which shall stop until other passes. 156. Penalty for violating either of three preceding sections. 157. Floats within 100 yards of lock, to pass before any float on another level. 158. Questions of precedence in passing locks, to be decided by lock-keeper. 159. Penalty for not conforming to such decision.

[239] 160. Penalty for using shafts pointed with iron, on canal. 161. Decked boats to have knife fixed on bow or stem. 162. Penalty for not complying with above provision. 163. Penalty for obstructing canal, by mooring boats, &c. 164. Penalty for obstructing it by sinking any boat, &c., &c. 165. Boats, &c., found floating, or any articles on tow-path, to be seized and sold. 166. If owner of article pays costs, &c., not to be sold. 167. Avails, how accounted for. 168. Proceeds of sale to be paid to owner, after deducting costs, &c. 169 & 170. Forfeitures for taking rails, posts, &c., from banks of canals. 171. Penalties, &c., chargeable on boat or float. 172. When such penalty is sued for, process to direct officer to detain boat, &c. 173. If defendant prevail, to be released; if judgment recovered against him, to

be sold, if amount, with costs, &c., not paid. $ 111. The owners of every boat navigating the canals, shall Certificate subscribe and deliver to the collector of whom the first clear- of registry. ance for such boat shall be demanded, a certificate to be entitled “a certificate of registry,” containing the names of such owners, and their respective places of abode, and also the name of the boat, and of some place as that where it is owned; if the owners shall reside out of this state, the certificate of registry shall be signed and delivered by the master of the boat, as the owner thereof.

Laws of 1827, 225, § 18 to 22. $ 112. If the master of a boat of which the owners reside Ib. out of the state, shall be changed after he shall have delivered such certificate, the new master shall sign and deliver a proper certificate of registry, to the collector of whom he shall first require a clearance.

Laws of 1827, 225, § 18 to 22.

TITLE 9. Duty of collector.

Duty of comptroller.

how changed.

S 113. Every collector receiving a certificate of registry, shall sign an acknowledgment of the receipt thereof, and deliver the same to the master of the boat; and shall, without delay, transmit the certificate received, to the comptroller.

Laws of 1827, 225, § 18 to 22. S 114. The comptroller shall make a register of all boats navigating the canals, which shall be kept with the books and papers in his office relative to the canals, and be open to inspection during office hours. The name of no registered boat shall be changed, without the order of the comptroller.

Laws of 1827, 225, § 18 to 22. Register, $ 115. If any persons residing within the state, claiming to

be the owners of a registered boat, by a transfer from its former owners, shall produce to the comptroller, due proof of such transfer, and shall deliver him a new certificate of registry signed by themselves, it shall be the duty of the comptroller to change the register of such boat, so as to correspond with such new certificate.

Laws of 1827, 225, § 18 to 22. Copies to $116. The comptroller shall, from time to time, transmit to collectors.

the several collectors, a certified copy of the register of boats in his office, and of the several changes made therein.

Laws of 1827, 225, § 18 to 22. [240]

$ 117. No clearance shall be granted to any boat, unless the Clearances, 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.

Laws of 1827, 225, § 18 to 22. $ 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.

Laws of 1827, 225, § 18 to 22. Penalties. $ 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.

Laws of 1827, 225, § 18 to 22. S 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.

Laws of 1827, 225, § 18 to 22.

when granted.

Who owners.

Name to be on each boat.

ART. 7. Bill of


to be ex hibited.

$121. Every master of a boat conveying property on a canal, shall exhibit to the several collectors hereafter mentioned, a lading; its just and true account, or bill of lading, of such property, signed by himself and by the consignor thereof, 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 names, description and 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.

4. No clearance of a boat and cargo shall be granted or issued by any collector of canal tolls, except upon the production to him of a bill of lading containing the above particulars.

Laws of 1827, 220, § 1; 1859, ch. 16; 16 B., 79. S 122. Every such account or bill of lading shall be To whom 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.

3. To every collector at a place where any portion of the (941) 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.

Laws of 1827, 220, $1. $ 123. If there shall be no collector's office at the place where To whom any articles shall be laden, nor at the place of their delivery, hibited. 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.

Laws of 1827, 220, $ 1. $ 124. Every master of a boat navigating a canal, who Penalties. shall omit 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



Bills how verified.

tion of boats.

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.

Laws of 1827, 220, $ 1. $ 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.

Laws of 1827, 220, $ 1. $ 126. Every collector receiving a bill of lading, may require the master exhibiting it, to verify it by his oath, which such

collector is authorised to administer. Clearances. S 127. Each boat navigating the canals shall have a separate

clearance, and no part of the cargo of any boat shall be cleared to a place, beyond that, to which the boat is cleared.

Laws of 1827, 224, § 16. Regula $ 128. No boat shall proceed beyond the place to which it

shall be 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.

Laws of 1827, 224, $ 16. [242]

$ 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.

Laws of 1827, 224, $ 16. Penalty. $ 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.

Laws of 1827, 224, § 16. $ 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.

Laws of 1827, 224, $ 17. $ 132. Such certified copy shall have the same validity and eins effect, 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.

Laws of 1827, 224, § 17.


Collectors to give copies.

Effect of
copy; fees
for making. Onou, an Uno VIIa

when to be

$ 133. The tonnage of all articles conveyed on either of the

Tonnage. canals, on which toll may be charged by the ton, shall be ascertained and charged, according to the real weight of such articles.

Laws of 1820, 187, § 13 14. $ 134. Whenever a difference as to the amount of tolls to be Articles paid, shall arise between a collector of tolls and the master weighod. 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.

Laws of 1820, 187, § 13 14. $ 135. In every such case, the master shall pay to the col- Expense

how paid. lector, 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.

Laws of 1820, 187, § 13 14. S 136. The master of every boat shall be liable for the pay- Payments ment of tolls and expenses; and it shall be the duty of every forced. 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.

Laws of 1820, 189, § 18. $ 137. If such payment be refused, the collector shall dis- [243] train so much of the property detained as shall be sufficient 1 to satisfy the charges 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.

Laws of 1820, 189, § 18. $ 138. Any surplus arising from the sale, after the payment Surplus. of the 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.

Laws of 1820, 189, § 18. $ 139. Every master of a boat which usually runs on the statements canal night and day, or which belongs to any regular line of gers in cerpacket or freight 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

how en

If such pre property and at the. he shall receiving

of passen

tain cases.

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