either bank of the canal, or on the bottom thereof, shall forfeit the sum of fifty dollars; and either of the commissioners, superintendents or engineers, shall be authorized to remove all such materials, as soon as they are discovered, wholly without the banks of the canal. Laws of 1820, 183, § 1. ART. 8. basins, &c. $177. No person, without the written permission of a canal Wharves, commissioner, shall construct any wharf, basin or watering place, on any canal, or make or apply any device whatever, for the purpose of taking water from a canal; and every wharf, basin, watering place or device, constructed with such permission, shall be held during the pleasure of the canal commissioners, and be subject to their control. Laws of 1820, 186, § 11. $178. Every person who shall construct any such wharf, Penalty. basin, watering place or device, without permission, or who shall omit to conform to the directions of the commissioner granting such permission, shall for each offence forfeit the sum of twenty-five dollars; and in every such case, the canal commissioners may remove or destroy the construction illegally made, at the expense of the person making it. Laws of 1820, 186, § 11. to gates, $179. Every person who shall wantonly open or shut, or Injuries cause to be opened or shut, any lock-gate, or any puddle-gate bridges, or culvert-gate, thereof, or any waste-gate, or by any means fences. prevent, or attempt to prevent, the free use of any such gate; and every person who shall wantonly break, throw down, or destroy any bridge, or fence, on a canal, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment; the fine for each offence, not to exceed one hundred dollars, nor the imprisonment six months. Laws of 1820, 185, § 7. decks, &c. $180. Every person who shall wilfully break, throw down, Injuries to or destroy any lock, bank, waste-weir, dam, aqueduct or culvert, on any canal, shall, upon conviction of such offence, be sentenced to imprisonment in the county jail or state prison, at the discretion of the court by whom he shall be tried. The imprisonment shall not be for less than one year, if in the county jail, nor for more than three years, if in the state prison. Laws of 1820, 186, § 8. horses on &c. S181. Every person who shall lead, ride, or drive any [249] horse, ox, ass, mule, or other cattle, upon the towing-path of Driving a canal, or upon the bank opposite to such towing-path, shall, tow-path, for each offence, forfeit the sum of five dollars; but this section shall not be construed to extend to persons towing boats or other floats, or conveying articles unladen or to be laden, from, or to, a canal. Laws of 1820, 183, § 2. $182. Any person who shall open any gate, sluice, slide or Drawing TITLE 9. water at Lockport. Agents to other passage, which now is or hereafter may be constructed to draw water round the locks at Lockport, for the purpose of drawing water from the canal to any mill or machinery of any kind whatsoever, or for any other purpose than the uses of the canal, shall, for every such offence, forfeit the sum of two hundred and fifty dollars. Laws of 1826, 364, § 37. See Laws of 1839, ch. 207; 1840, ch. 372; 1836, ch. 384. ARTICLE NINTH. MISCELLANEOUS PROVISIONS OF A GENERAL NATURE. SEC. 183. Agents, &c., discharged from employment, to deliver up property. 185. Who ineligible to office of superintendent, lock-keeper, &c. 187. Collectors, &c., exempt from military duty, and serving on juries. 190. Meaning of the terms "float" and "master." 191. Execution against whom judgment for penalty may be recovered. 192. Persons violating provisions of this Title, liable for damages and for penalty. 193. Comptroller to prepare forms, &c., and send them to officers on canals. 194. How much water to be taken into a level. 195. How waste-weirs and gates to be constructed. 183. It shall be the duty of every agent, toll collector, deliver up lock-keeper or superintendent, employed on any canal, and property, &c. Proceed ings to compel delivery. [250] Who ineli occupying any house, office, building, or land, belonging thereto, who shall be discharged from his employment; and of the wife and family, of every such person, who shall die in such employment; to deliver up the possession of the premises so occupied, and of all books, papers, matters or things belonging to the canals, acquired by virtue of his office, within seven days, after a notice shall have been served for that purpose, by the acting canal commissioner. Laws of 1820, 187, § 12. $ 184. In case of a refusal or neglect to make such delivery, in either of the above cases, it shall be the duty of any justice of the peace, in the county where such premises shall be situate, upon application, to issue his warrant under his hand and seal, ordering any constable or other peace officer, with such assistance as may be necessary, to enter upon the premises so occupied, in the day-time, and remove therefrom all persons found in possession thereof, and to take into his custody all books, papers, matters and things there found, belonging to the canals, and to deliver the same to the acting canal commissioner, or his authorised agent; and the officer to whom such warrant shall be delivered, shall execute the same according to its purport. Laws of 1820, 187, § 12. $ 185. No person owning any hydraulic works dependent ART 9. upon the canals for their supply of water, or who shall be gible as colemployed in or connected with any such works, or who shall fector, &c. be engaged in transporting property upon the canals, or who shall own, or be interested in, any boat, navigating the same, shall be employed as a superintendent, lock-keeper, collector of tolls, weigh-master, or other agent upon the canals. Laws of 1826, 363, § 30. to be inter ested in boats or contracts. $186. No canal commissioner or other member of the canal officers not board, or superintendent, engineer, or person holding any appointment under the canal commissioners, or any one of them, or under any superintendent of repairs, or other officer, on the canals, shall hereafter become interested in any hydraulic work dependent on the canals for a supply of water, or become interested in any line of boats regularly navigating the canals, or shall, either directly or indirectly, become interested in any contract, on the canals, as a contractor, surety or otherwise, either in his own name or in the name of any other person, or shall, either directly or indirectly, derive any benefit from the ordinary or extraordinary expenditures on the canals, beyond his established compensation; and if any canal commissioner, member of the canal board, superintendent, engineer, or person holding any appointment under the canal commissioners, or any one of them, or under any superintendent of repairs, or other officer, on the canals, shall, at any time hereafter, become interested or derive any benefit, as aforesaid, he shall forfeit his office or appointment. Laws of 1843, ch. 181. &c., exempt tain duties. $187. Every collector of tolls, the clerks of each collector, Collectors, not exceeding two, having the collector's certificate that they from cerare actually employed by him, and all superintendents of repairs, lock-tenders, inspectors of boats and weigh-masters, shall be exempted from the performance of military duty, and jury service, while actually engaged in their respective employments on the canals, while the same are navigable. Laws of 1827, 227, § 27. how recov $188. All suits for penalties and forfeitures imposed in any Penalties Article of this Title, or for damages, in behalf of the state, ered. shall be prosecuted in the name of the people of this state, by such persons and in such manner as the commissioners of the canal fund, in their regulations, shall direct; and all monies recovered therein, shall be accounted for and paid over to such commissioners. Laws of 1827, 227, § 28. whom. $189. Every such penalty or forfeiture, not exceeding the Before sum of fifty dollars, may be recovered before any justice of the peace in any county. Laws of 1827, 227, § 28. Definition of "float" $190. The term "float," as used in this Title, shall be construed to embrace every boat, vessel, raft, or floating thing, and "mas ter." TITLE IL [252] for penalties. navigated on the canals, or moved thereon, under the direction of some person having the charge thereof; and the term "master," as so used, shall be construed to apply to every person, having for the time, the charge, control or direction, of any such float. S 191. If any person against whom any forfeiture shall be Executions recovered under the provisions of this Title, shall not immediately pay the full amount of the judgment so obtained, the court by which such judgment shall be given, shall, without delay, issue an execution against his property or person, at the election of the party prosecuting the suit. Penalty no bar to damages. Forms. How much water to be taken. Waste weirs. [281] $192. The imposition or recovery of any penalty or forfeiture, imposed for the violation of any provision of this Title, shall not be considered a bar to the recovery of any damages, resulting from such violation, to the state or to individuals. $193. The comptroller shall prepare the forms of all clearances, bills of lading, statements, and other papers necessary to be used under the provisions of this Title, and shall from time to time, transmit the same to the different officers and agents on the canal, for whose use they may be required. $194. No more water shall be taken into any level of either of the canals, than shall be sufficient to supply such level during the days of the greatest business, and also to supply any other level of the canal, or other public work of the state, dependent upon such level for a supply of water. $195. Every waste-weir upon the same level as either of the canals, shall be constructed, as nearly as may be consistent with the safety and convenience of the canals, of the same height, but in all cases so, as to leave a depth of at least four feet water in the level; and there also shall be constructed one waste-gate, as nearly opposite to the mouth of every feeder taken into the canal, as the convenient discharge of the water will permit. TITLE X. OF THE SALT SPRINGS. [Ch. 346 of Laws of 1859 repeals the whole of this Title and all acts amending it, and substi tutes an entire new enactment, which is not made a part of the Revised Statutes, and is therefore not inserted here.] TITLE XI. OF THE INTEREST OF THE STATE IN MINES. SEC. 1. What mines belong to the state in right of sovereignty 2. Other mines belonging to the state. 3. What mines belong to the owner of the soil. 4. Discoverers of gold and silver mines, to have benefit thereof for twenty-one years. 5. Notice to be given to the secretary of state by such discoverer. SEC. 6. Such discoverer to be preferred in contracts for the working of the mines. 7. Limitation of the provisions of this Title. TITLE U. 1. The following mines are, and shall be, the property of Interest the people of this state, in their right of sovereignty: 1. All mines of gold and silver discovered, or hereafter to be discovered, within this state. 2. All mines of other metals discovered, or hereafter to be discovered, upon any lands owned by persons not being citizens of any of the United States. 3. All mines of other metals discovered, or hereafter to be discovered, upon lands owned by a citizen of any of the United States, the ore of which, upon an average, shall contain less than two equal third parts, in value, of copper, tin, iron and lead, or any of those metals. 1 R. L., 124, § 1 & 5; 293, § 5. of state as Sovereign. $2. All mines, and all minerals and fossils discovered, or As owner. hereafter to be discovered, upon any lands belonging to the people of this state, are and shall be the property of the people, subject to the provisions hereinafter made to encourage the discovery thereof. Laws of 1827, 239, § 4. property. $3. All mines of whatever description, other than mines of Private gold and silver, discovered or hereafter to be discovered, upon any lands owned by a citizen of any of the United States, the ore of which, upon an average, shall contain two equal third parts or more, in value, of copper, tin, iron and lead, or any of those metals, shall belong to the owner of such land. 1 R. L., 125, § 5. discoverers. S4. Every person who shall make a discovery of any mine Bounty to of gold or silver, within this state, and the executors, administrators or assigns of such person, shall be exempted from paying to the people of this state, any part of the ore, produce or profit of such mine, for the term of twenty-one years, to be computed from the time of giving notice of such discovery, in the manner herein after directed. 1 R. L., 125, § 1. given. $5. No person discovering a mine of gold or silver within Notice to be this state, shall work the same, until he give notice thereof, by information in writing, to the secretary of this state, describing particularly therein, the nature and situation of the mine. Such notice shall be registered in a book, to be kept by the secretary for that purpose. 1 R. L., 125, § 2. [282] Privilege of $6. After the expiration of the term above specified, the discoverer of the mine, or his representatives, shall be pre- discoverers. ferred, in any contract, for the working of such mine, made with the legislature, or under its authority. 1 R. L., 125, § 3 & 4. Qualifica. $7. Nothing contained in this Title shall affect any grants tions." |