TITLE 9. the same under oath, to be administered to him by such collector; and at the same time shall pay to such collector, the lawful tolls on the passengers mentioned in the statement. Laws of 1827, 226, § 23.

Contents of first state

ment.

When affldavit to be made.

Different masters.

Collector's

alty on masters, &c.

S140. The first statement so delivered, shall contain the names of all the passengers conveyed in such boat, from the commencement of its running in that season, until the delivery of the statement, and the distance to which each passenger was carried; and each subsequent statement shall contain the names of all the passengers, and the distance to which each was carried in such boat, since the time embraced in the last previous statement.

Laws of 1827, 226, § 23.

S 141. If it shall happen, that during the time for which a statement is required, no passengers shall have been conveyed in such boat, the master thereof shall present to some collector an affidavit to be sworn to before such collector, that no passenger has been conveyed in such boat, during the time specified therein.

Laws of 1827, 226, § 23.

$142. If it shall happen that different persons have been masters, or had charge of any boat, for the time during which the statement or affidavit above mentioned is required, each person shall furnish such statement or affidavit for such portion of the time, as such boat was under his control, or management.

Laws of 1827, 226, § 23.

$143. The several collectors shall transmit to the compduty en troller, the several affidavits and statements relative to passengers, received by them; and every master who shall neglect to furnish the affidavit or statement, or to pay the toll on any passengers, by law required, and every owner of such boat, when such neglect occurred, shall for each offence forfeit the sum of twenty-five dollars.

[244] Further penalty.

Collectors

to acknowl

Laws of 1827, 226, 24.

$144. The commissioners of the canal fund may, in their discretion, prohibit such boat from receiving a clearance and navigating the canals, until such statement or affidavit be furnished, and the tolls paid.

Laws of 1827, 226, § 24.

$ 145. Every collector receiving such a statement, or affidaedge state vit, relative to passengers, shall give to the person from whom ment, &c. he received the same, a written acknowledgment thereof.

Evidence of neglect to

make statement.

Laws of 1827, 226, § 25.

$146. A certificate made by the comptroller, under the seal of his office, after thirty days from the time when such a statement or affidavit ought to be made, that no statement or affidavit in respect to any particular boat, for the time particularly stated therein, has been received at his office,

shall be presumptive evidence, that no such statement or affidavit has been made by the master of such boat for the time specified in the certificate.

Laws of 1827, 226, § 25.

ART. 7.

boats.

$147. Every master or person having charge of any boat Tolls on navigating a canal, which does not usually run in the night in certain passengers time, or which does not belong to any regular line of packet or freight boats, shall pay the lawful tolls on all passengers conveyed in such boat, in the same manner as he is required to pay toll on property conveyed; and every such master who shall omit to give a just and true account of such passengers, to the collector, at the place where such passengers shall be received in such boat, or at the office next in order in the course of the voyage, after receiving the same, or who shall refuse to verify the same under oath, when required by any collector, or to pay the toll on such passengers, shall for every offence for the sum of twenty-five dollars.

Laws of 1827, 226, § 23.

tion for

$148. The commissioners of the canal fund may, in their Commuta discretion, receive from the owners of any boat a specified tolls. sum by the year, for a license to carry passengers therein, as a commutation for tolls upon passengers.

Laws of 1827, 226, § 26.

$149. Such commutation shall be paid at such time and in How paid. such manner as the commissioners may prescribe; and no statement or affidavit relative to conveying passengers, shall be required from the master of any boat so licensed. $150. Any clerk duly authorised by a collector may perform clerks of all the duties and exercise all the powers legally appertaining to such collector, in his absence, and the collector shall be responsible for the acts of such clerk.

collectors.

boats.

$151. It shall be the duty of every collector of tolls, and Births of if there be no collector present, of every superintendent, to assign births to all boats when loading or unloading at any landing place on a canal whenever disputes shall arise concerning the same.

Laws of 1827, 229, § 40.

[245]

boats, &c.

$152. No float shall move on any canal faster than at the rate of four miles an hour without a permission in writing, Speed of signed by a majority of the canal commissioners; and for each violation of this provision the master shall forfeit the sum of ten dollars.

Laws of 1822, 320, § 4.

$153. Where a boat used chiefly for the conveyance of per- Preference sons, shall overtake any other float, not used chiefly for that in passing. purpose, it shall be the duty of the master of the latter to give to the former, every practicable facility for passing, and whenever it shall become necessary, to stop, until such passage boat shall have fully passed.

Laws of 1820, 186, § 10.

TITLE 9.

Boats meet

ing.

Ib.

Penalties.

Passing locks

fb.

Penalties.

Setting poles, &c.

[246]

Knife on bow.

Penalty.

Obstructing, &c.

S154. Where any float, in passing on either of the canals, shall meet with any other float, it shall be the duty of the master of each, to turn out to the right hand, so as to be wholly, on the right side of the centre of the canal.

Laws of 1820, 186, § 9.

$155. Where any floats shall approach any place on either of the canals, which is less than thirty feet wide on the surface, or which will not safely permit their passing, it shall be the duty of the master of the float going from the navigable waters of the Hudson river, to stop at such distance from such narrow place, as may be convenient for the float going towards such navigable waters to pass through such narrow place, and there to wait until such passage is effected.

S 156. Every master or boatman violating any provision of the three sections immediately preceding, shall, for each offence, forfeit the sum of ten dollars.

$157. Every float, within one hundred yards of a lock, if on the same level that the water in the lock then is, shall be permitted to pass the lock, before any other float not on the same level.

Laws of 1827, 228, § 31.

$158. If, on the arrival of two or more floats at any lock, a question shall arise between their respective masters as to which shall be first entitled to pass, such question shall be determined by the lock-keeper, and each float shall be passed in the order and manner in which he shall direct.

$159. Every master, owner or navigator of any float refusing to conform to such determination of the lock-keeper, or detaining or unnecessarily hindering the passage of any float, through a lock, in violation of any provision of the two last sections, shall for each offence, forfeit the sum of twenty-five dollars.

$160. No person navigating either of the canals, shall be permitted to use therein any setting pole or shaft, pointed with iron or other metal; and if any person shall offend against this section, he shall, for every such offence, forfeit the sum of twenty-five dollars.

Laws of 1820, 188, § 16.

$161. No covered or decked boat, shall navigate any canal without a knife or sharp metallic instrument, so affixed upon the stem or bow of the boat, as to cut apart any tow rope, which otherwise might pass over such bow.

Laws of 1827, 222, § 7.

S162. Every owner or master of such boat, who shall neglect or refuse to comply with the above provision, shall, for each offence, forfeit the sum of twenty-five dollars.

S163. Every person who shall obstruct the navigation of any canal, by the improper mooring, management or conduct, of any boat or floating thing, shall, for every such offence, forfeit the sum of twenty-five dollars.

Laws of 1827, 221, § 3.

ART. 7.

$164. If any person shall obstruct the navigation of any obstruct canal, by sinking any vessel, timber, stone, earth or other ing, &c. thing, to the bottom thereof, or by placing any obstruction on the towing path thereof, or on the bank opposite the towing path, he shall forfeit the sum of twenty-five dollars.

Laws of 1820, 185, § 6.

to be

$ 165. It shall be the duty of every canal commissioner, Boat, &c., collector, superintendent or agent, employed on the canals, to seized. seize all boats, rafts, logs, or any floating or sunken thing, which may be found in a canal; or any article not under the care or charge of any person, so found on the tow path thereof; and to sell the same at public vendue, after giving ten days' written notice of such sale, at two public places nearest to the place where such boat, logs, floating or sunken thing, may be found.

Laws of 1827, 221, § 4.

stop sale.

accounted

$166. If the owner of any article so seized, shall appear Owner may and claim the same, before the time of sale, and pay the cost of seizure and expense of removal, no such sale shall take place. $167. The avails of such sale shall be accounted for, by the Avails, how officer making the same, if he be not a collector, to the near- for. est collector, who shall make returns thereof to the commissioners of the canal fund. If the sale be made by a collector, he shall account for the avails thereof, to the commissioners of the canal fund.

to owners..

$168. After such sale shall have been made, and the pro- When paid ceeds thereof paid to the commissioners of the canal fund, such commissioners may, on the application of the owners, and due proof of ownership, pay over such proceeds, after deducting the forfeiture, and all costs and reasonable charges thereon.

rails, &c.,

$169. If any boatman, or person on board of any boat on Taking any canal, shall take, without right, any rails, boards, planks penalty. or staves, from the banks or vicinity of the canal, the master of the boat shall forfeit, to the owner, treble the value of the [247] property taken, and the possession of such property on board the boat, shall be presumptive evidence of such taking.

Laws of 1827, 228, § 33; 1830, ch. 117.

$170. Any person or boatman, who shall violate the pro- . visions of the last section, shall forfeit twenty-five dollars to any person who will prosecute therefor.

Laws of 1828, 224, § 1 & 2, chap. 185.

$171. Every penalty and forfeiture, prescribed by this Article, and which is declared to be recoverable against the owner, master, boatman, navigator, or other person having charge of any boat or other float, when incurred, shall be chargeable on such boat or float, and a suit for the recovery thereof, may be brought against any person, being in the pos

Boat liable ties.

for penal

TITLE 9.

Boat may

session, or having the charge, of such boat or other float, at the time such suit is commenced.

Laws of 1827, 227, § 28 & 29. By Laws of 1830, chap. 117, firewood and fencing posts are included in sections 169 to 173.

$172. When any suit shall be prosecuted for any such penbe detained. alty or forfeiture, the magistrate issuing the process, by a

When released;

clause to be inserted therein, may direct the officer executing the same, to detain such boat or float, and the furniture and horses belonging thereto, until the suit shall be determined, or until adequate security shall be given for the payment of any judgment that may be recovered.

$173. If such security shall be given, or the defendant in when sold. Such suit shall prevail, the magistrate shall order the boat or other float and property detained, to be released; but if no such security shall be given, and a judgment shall be recovered for such penalty or forfeiture, and the same, together with the costs, shall not be immediately paid, an execution shall be issued, under which the property so detained, may be sold, in like manner, as if the judgment had been obtained against the owner thereof.

See Laws of 1855, ch. 534; 1858, ch. 247; 1847, ch. 278.

ARTICLE EIGHTH.

REGULATIONS AND PENALTIES CONCERNING THE PROTECTION AND MAIN-
TENANCE OF THE CANALS.

SEO. 174. Where new roads cross canal, bridge to be erected and kept in repair.

175. Sanction of canal commissioner to model of bridge.

176. Penalty for proceeding to build bridge without such consent.

177. No wharf, &c., constructed on canal, without consent of a commissioner.

178. Penalty for constructing wharf, &c., without permission.

179. Penalty for wantonly opening any lock-gate, &c., destroying any bridge, &c.
180. Imprisonment in jail or state prison, for wilfully destroying any lock, &c.
181. Penalty for driving or riding any horse, &c., on tow path, except, &c.
182. Penalty for drawing water from canal at Lockport.

$174. In all cases where a new road or public highway, shall be laid out by legal authority, in such direction as to cross the line of any canal, and in such manner as to require the erection of a new bridge over the canal, for the accommodation of the road, such bridge shall be so constructed, and forever maintained, at the expense of the town in which it shall be situate.

Laws of 1820, 183, § 1.

$ 175. No bridge shall be constructed across any canal, without first obtaining for the model and location thereof, the consent in writing of one of the canal commissioners, or of a superintendent of repairs, on that line of the canal which is intersected by the road.

$176. Every person who shall undertake to construct or to locate such bridge without such consent, and shall proceed therein, so far, as to place any materials for that purpose, on