TC •857 CORNELL UNIVERSITY LIBRARY FROM The History Department Cornell University Library TC 624.N7A42 1857 Canal regulations adopted by the Canal B 3 1924 022 881 712 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022881712 CANAL RiGRJlATIONS ADOPTED BY THE C A N A L B A E D of THE April 8, 1857. MEMBERS OF THE CASAL BOABD. '^f^STRY R. SELDEN, Lieutenant-Goveknor. ■ ifoEL T. HEADLET, Secretary of State. •LORENZO BURROWS, Comptroller. ^TEPHBN CLARK, Treasurer. pTEPHEN B. GUSHING, Attorney-General. ^%LAS SEYMOUR, State Engineer and Surveyor. HENRY PITZHU6H, ) SAMUEL S. WHALLON, ' [■ Canal Commissioners. CHARLES H. SHERRILL, ) NATHANIEL S. BENTON Auditor, Ex-Officio Secretary. ALBANY : WEED, PARSONS AND COMPANY. 1857. CAIfAL REGULATIONS, REGULATIONS ON ALL THE NAVIGABLE CANALS OF THIS STATE, ESTABLISHED BY THE CANAL BOARD, April 8, 1857. Relative to the Weighing and Inspecting of Boats and their Cargoes. 1. No boat shall be cleared from a place where there is a Boats not to ■weigh-lock without having the weight or quantity of its mmTgo% cargo ascertained, either by weighing, measuring or count- ascertained, ing; and every boat which shall be cleared from a collec- tor's office where there is no weigh-lock shall be stopped and weighed at the first weigh-lock at which it arrives after its clearance. Every canal boat which shall enter the canal from the Hudson river shall produce an acknowledg- ment from the collector where it entered the river, if at a different place, that the down cargo is settled, or a clearance must in all cases be refused. The "just and true account or bill of lading" of the Biiiofiadmg property on board of every freight boat, which is required '""'^'sne . to be delivered to every collector of whom a clearance is demanded, must be signed by the consignor and by the master of the boat, and countersigned by the collector, and CANAL R|(3ULAT]|)Ni must give the full registered name and haijing place of the boat, and the christian and surname of the master ; but when the boat runs in a line of freight boats, and such bill is not signed by the consignor, it may be isigned by the known agent or agents of the line in his 0wn proper hand- writing, designating, in case the agency is a firm, the indi- vidual niember of the firm by whom the signature is made. In case the consignor and such agent or agents are absent or siflk, so as to be unable, to sign such bill of lading, then the same must be signed in behalf of the consignor or agent by a clerk duly authorized, and in such case must be accompanied by the affidavit of such clerk, and such other person or persons who tallied the prpperty and made out such bill of lading, in the following form : derk and tallyman's affidavit. Boats draw- ing more than 8^ feet water, not to be cleared, Statk op New- York, ) County, \ ^^' ^"^ A. B. and C. D., of , m the county of , being duly and severally sworn, each for hiniself saith, that he, the said A. B., is a clerk in the employ of , agent of the line of freight boats ; that the foregoing bill of lading was made out by him, the said A. B., and corresponds in all respects with the tally, made out and fur- nished by the said C. D., of the articles now on board of the canal boat in said bill of lading and also hereinafter mentioned ; that such bill is correctly made out, and the total fooling of the articles entered thereon, paying toll by weight, is pounds. And the said C. D. saiih that such tally was furnished by him to the said A. B. ; that he carefully tallied the property on board the boat, and knows such tally to be correct as to the description and weight of all the different articles and final destination of the same, to be carried on board the canal boat of , of which is master, on its present passage from to And these deponents further respectively state, that the said is unable to sign such bill of lading by reason of , and that the said A, B,, the clerk aforesaid, is fully authorized to sign such bill of lading. 2. No boat drawing' more than three and a half feet of water shall be cleared by any collector ; and it shall be the duty of every coZ/ecior, superintendent and weigh-master to cause every boat, found violating the regulations on this subject, to be so far unloaded as to bring her within the prescribed limit ; and in every case where a boat is so un- loaded, the fact shall be entered on her clearance, with a statement of the portion of her cargo taken off"; and if, by CANAI^ R:EGtrLATIO]!fS. reason of any subsequent addition to her cargo, such boat shall be found to exceed the said raft of three and a half feet, her master or owner shall be subject to a penalty of ■twenty-jive dollars, to be imposed and collected by any and every collector, superintendent and weigh-master, who shall at different times and places detect such overdraft. But if the canal commissioners shall file in the cana^ department a certificate that a depth of five feet of water has been obtained on the whole line of the Erie, Oswego and the Cayuga and Seneca canals, the auditor of the canal department shall give notice of that fact to the several collectors on the line of the canals having such in- creased depth of water, and boats drawing no more than four and a half feet of water may be cleared on any such canal ; and any boat found violating this provision shall be subject to be unladen, and her master or owner shall be liable to the penalty provided in cases of boats which are restricted to a draft of three and a half feet of water. 3. Owners, masters or navigators of boats or rafts, pass- °^"j^^'jjj ing on any of the canals, are required lo stop with their whentostop boats or raftsibt every collector's, weigh-master's and in- u"e1r'ciear-' spector's office, and exhibit their clearance or bill of lading; ™<=^'- and, on arriving at the place of destination, to report such arrival to the collector, weigh-master and inspector (should such place contain such officers or either of them), before any part of the cargo is unloaded; and no boat or raft shall depart from any place where a collector's office is situ- ated without obtaining a clearance or permit; except that lumber, coining from the foot of the feeder dam across the Chemung river, may be cleared either at Horseheads or at Corning, paying toll in either case on two m,iles, for the navigation above the dam. And all other points, with- in one mile of the collector's office, shall be deemed to be at the place of such collector's office, and the mouth of the outlet of the Seneca lake shall be deemed to be at Geneva; and for every violation of this regulation, the owner, mas- ter or navigator of such boat or raft shall be liable to a fine of twenty-five dollars. A boat or float whose clearance is lost, or is claimed to be lost, must be detained until it re-clear and pay the toll for the whole voyage ; or produce a duplicate clearance from the office where its first clearance is claimed to have been issued. Whoreclrar ance is losu CAKAIi KIGUMTIONS. Cargo to be oertiSed on clearance. Boats to be weighed twice. New-Tork boats. 4. In all cases where any collector or inspector shall ascertain the true weight or quantity, of a ^^t's cargo, he shall certify the same on its clearance; and in all cases where he shall hot ascertain the weight or quantity, he* shall endorse on the clearance an order for the boat to stop at the first weigh-lock at which it arrives, and be weighed ; but the endorsement of a collector, that the ciargo is correct, shall not be an authority for a boat to pass any weigh-lock or collector's office without undergoing an inspection by weighing, measuring or counting. 5. Boats having been weighed at Albany or West Troy, shall again be weighed at Utica, Syracuse or" Rochester, and boats'having been weighed at any one of the western weigh- locks, shall be again weighed at Albany or West Troy, un- less the collectors at those places shall be well satisfied, either by administering an oath or by inspection, that the cargo is correctly stated in the bill of lading. 6. Every boat destined to New- York, or any point in the harbor of New-York, which shall not, on its arrival at Albany, West Troy or "Waterford, have its cargo in such condition, either by the manner of its arrangfeent on board the boat, or by causing it to be wholly or partially unladen, that the collector or his assistants can compare the cargo with the bill of lading and clearance, to see that the full toll has been paid on the same, the original clearance of such boat shall be deposited with the collector where such boat shall leave the canal to enter the Hudson river; and such collector shall deliver to the master, or person having charge of such boat, a true copy of such clearance without charging any fee therefor ; and it shall be the duty of the master of every such bjat, immediately on the arrival thereof in the city of New- York, and before any part of the cargo shall be unladen, to present the said copy clearance to the collector of canal tolls, at his office in the city of New- York, together with the bill of lading ; and such boat shall, on its return to Albany, West Troy or Waterford, be refused a clearance unless the master produce a certificate of the collector in New- York to the correctness of the clearance and bill of lading of such down cargo. And the collector in the city of New-York shall in no case- grant a clearance to any boat where the master thereof shall have neglected or refused to comply with the provisions of this regulation, nor unless the full toll on the whole of the down cargo shall have been paid. CAN-AL' REGULATIONS. 7 7. Each collector and weigh-master sball make a month- ^^^^*°* ly return to the auditor, specifying the name and master of each boat, the cargo of which he has discovered to have ■been cleared for less than it actually contains, under cir- cumstances giving rise to any suspicion that a fraud upon the revenue was intended ;. and the auditor is requested, in case any boat shall be returned to him as having repeatedly cleared for a less amount of cargo than it bas been found to contain, to give directions that such boat be rigidly inspected at each inspector's office and weigh-lock, and that the master thereof be required, when he clears the said boat, in all instances to verify the correctness of the bill of lading ; and in case the auditor has reason to believe, or it is represented to him by any officer or agent on the canals that a false oath has been taken, he shall take the neces- sary steps to have the person taking it proceeded against for • perjury. 8. All treble toll, when collected, shall be accounted for °°y'*''^[,a and deposited by the collector, the same as other tolls, the paid to the collector specifying each case in which treble tolls are oOToriDgfte collected, in his monthly abstract, with the name of the '"''^^■ officer by wh»m the articles so charged with treble toll was discovered ; and on closing the collector's accounts for the season, there shall be allowed and paid by the auditor one-third of such treble toll, so collected, to the collector, weigh-master or inspector who shall have dis- covered the articles not entered on the bill of lading, and on which treble toll was properly collected under the pro- visions of existing statutes. 9. Every collector of canal tolls is required to give a separate clearance upon and for every raft or tow of timber clearing from his office upon the canal, and no clearance shall be given for any raft or tow until the quantity of timber therein shall be ascertained by actual measurement or count; and every person applying for a clearance for a raft or tow of timber, shall present to the collector a bill specifying the number of sticks and the quantity of timber in each crib contained in such raft or tow, and shall make an affidavit of the truth of the contents of such bill, and file such bill and affidavit with the collector. Each raft or tow to bare a clearance. 10. Where any boat or other float shall depart from a place ^'^Jf^jP^//^ where there is no collector's office, destined to a place where otaces. there is no such office, and there being no intermediate col- lector's office, the master of such boat or float shall deliver CANAL REGULATIONS. to the lock-tender, at the first lock which he shall pass, a true bill of the quantity and description of the lading of such boat or float, specifying the place from which it de- parted and to which it is destined, and shall, within ten days after arriving at the place of destination, deliver a Hke bill to the collector nearest to the place of delivery, and shall pay such collector the tolls due on such boat or float and its lading ; and every master or other person having charge of such boat or float, who shall omit to deliver such bill either to the lock-tender or collector, or to pay such tolls at the time above prescribed, shall for every such oflence for- feit the sum of twenty-five dollars. Every lock-tender re- ceiving any such bill, shall, within three days thereafter, transmit the same to the collector to whom the tolls are to be paid. Clearance, where left when boat 11. Whenever a boat shall not proceed to the place to which it is cleared, the clearance of the boat shall be left pia?ede'a"Jd ^^^^^ t^c last collector passed in the course of the voyage ; to- and such collector shall give the master or owner a copy of such clearance. A'^ditional toll, how entered. When additional toll is collected on a cai%o whose clear- ance is to be deposited with the collector receiving such additional toll, it shall be entered on the certificate book and the clearance of the boat and cargo paying the toll, the same as if the clearance was to be deposited in another office. B lats to be loaded 80 that they may be con- veniently inspected. 12. Where any boat, scow or other craft, navigating either of the canals of this state, shall be laden with arti- cles paying different rates of toll, or with articles some of which shall be chargeable with toll by weight, and others by measure or count, it shall be the duty of the master or owner so to arrange the said lading that the several collec- tors, weigh-masters and inspectors on the canals can con- veniently examine and inspect ihe same. And if not so arranged, the master or owner shall, at his own expense, on the request of any collector, weigh-master or inspector, unlade in whole or in part the said cargo, so as to furnish all the necessary information for the purpose of imposing tolls or detecting or preventing frauds. And in case of the neglect or refusal of any master or owner to comply with this regulation, the whole cargo of such boat, scow or other craft shall be charged with tolls at the rate of those arti- cles on board paying the highest rate of toll. CANAL REG ULATIONS. 9 13. Every boat arriving at Schenectady, from Albany or J^m"'"'" West Troy, shall be inspected by the collector or inspector at the former place ; or the collector shall, at his discretion, put the master of the boat upon his oath as to the correct- ness of his bill of lading and clearance, as compared with his cargo. And in case he shall put the said master upon his oath, he shall put to him the following questions, and reduce such questions and answers to writing, and require the same to be signed and verified by such master : " Do the bill of lading and clearance, now delivered by Questiosi you, contain the true account and whole weight of all the property now on board of your boat, and the true distance each parcel thereof has been or is to be carried under this clearance ? "Is the property composing your present cargo of the kind and description stated in the bill of lading and clear- ance now delivered? " Has the full toll, according to the established rates, been paid on all the property conveyed on your boat, and composing all the cargo for her present trip to this place T " Together with such other questions as the said collector may suppose it necessary to put, to ascertain the full state of facts in relation to such boat and cargo. 14. Every other collector upon any of the canals shall Maatersto r 1 /- t- I 1 "^ sworn. put the master of every boat or raft upon his oath, when he shall consider it proper to do so, or when he shall be directed to do so by the auditor ; and in every such case, the above questions shall be put to the said master, together with all such other questions as any such collector shall consider it necessary to pnt to ascertain the whole truth in relation to any such boat and cargo, or raft. 15. The master or person having charge of any boat or Master re- float, who shall refuse to take the oath required by any fatyoaih. collector, or shall refuse to answer on oath any qiiestion which the collector is authorized to propound, shall be sub- ject to a penalty of twenty dollars. 16. The master or owner of every new boat navigating ■weisiuof any of the canals of the state, and carrying freight, shall, JJeTsceSn- within thirty days after the date of its first clearance^ pro ^^ within so cure to be ascertained by actual weight, at some one of 10 CANAL e,egula;tio]s-s. the weigh-locks upon the canals, the true h'ght weight of his boat '; and the weigh-master weighing every such boat shall give to the master or owner presenting the boat at the weigh-lock a certificate, stating the true light weight of such boatj as ascertained by his weigh-lock, and stating in every such certificate the accurate measure of the water in the boat when so weighed. And whenever the said boat shall draw three and a half feet of water the said weigh- master shall cause said boat to be distinctly marked on eachside, at the bow, stern and midships, at the water sur- face of such three and a half feet, and four and a half feet, and no boat shall navigate the canals without such water mark; and the owner or captain shall renew the said marks as often as the same may become obliterated, from any cause, under the penalty of twenty-five dollars for any neg- lect or omission. Boat to be cleared of water, wood, &c., before being weighed. No deduc- tion for wa- ter. Omission to get light weight. ^aud in light weight. 17. Every boat, before being weighed for the purpose of ascertaining the light weight, shall be as nearly cleared of the water on board as is practicable with ordinary care and pains, and every weigh-master and his assistant shall use all possible vigilance to see that this is done before the boat is weighed ; all wood and other articles on board, having the effect to increase the light weight of any boat, shall be taken out, and no article shall be included in the light weight, except the fixtures, necessary furniture and tackle of the boat. No deduction shall be made, by a weigh-master or col- lector, from the weight of any boat and cargo on account of more water in said boat than when last weighed light. 18. Every master or owner of any boat navigating any of the canals of the state, who shall omit to cause the light weight of his boat to be ascertained in the manner before prescribed, and within the time before limited, shall for every boat owned or navigated by him, and the light weight of which shall not be so ascertained within the time afore- said, forfeit and pay a penalty of five dollars at each weigh- lock at which the boat shall arrive, until such light weight shall be ascertained ; but this penalty shall not be imposed upon the master or owner of any boat not having on board freight subject to the payment of toll by weight. 19. Where any boat shall be presented at a weigh-lock, for the purpose of ascertaining the light weight of the same, in such a condition or under such circumstances as would make the apparent light weight of the boat greater than the CANAL REGULATIONS, 11 real light weight of the same^ the captain or other person who shall present the boat to be weighed light shall forfeit and pay for every such offence a penalty of twenty dollars. 20. Every weigh-master, or in his absence his assistant, '.Daty of whenever he may believe it necessary, is hereby authorized m^ler. and directed to order any empty boat passing his weigh- lock, or lying within a convenient distance from the same, to go into the lock and be weighed ; and whenever, in the opinion of the weigh-master, it may be necessary to unload the whole or any part of a cargo for the purpose of ascer- taining the true measurement or weight of the same, or for the purpose of ascertaining the correct light weight of the boat, the boat shall be unloaded as he may direct; and every master or owner of any boat, or any other person having charge of the same, who shall refuse or neglect to obey any such order to unload, shall, for every such offence, forfeit and pay a penalty of fifteen dollars. 21. Any person having charge of any boat, who shall EefnsiBgto refuse to take his boat into a weigh-lock, when required leigwoct. by a collector or weigh-master, shall be subject to a penalty of twenty -five dollars. 22. Toll will not be refunded on an addition made by a toii, when weigh-lock in consequence of using the light weight of a previous year, except in case of an addition made to a car- go under the first clearance for the season, and then only when such first clearance shall have been taken at a place where there is no weigh-lock. And no toll shall be refund- ed on any boat and cargo when such boat shall take a se- cond clearance and pass to her place of destination by a route shorter than that by which such boat was first cleared, unless there shall be an obstruction in the navigation by the route first cleared. refunded nn addition by weigh-lock. 23. Any collector of tolls upon the canals shall, when- coiiwtors ever he for any [cause deems it proper or advisable, call Se^forward- upon any persons employed in the forwarding business, at an,l^,^ef'r. their respective stores or warehouses, and examine the wardera and books and accounts kept by such persons, or any books cnTathf ' and accounts kept at such store or warehouse of the pro- perty shipped therefrom upon any of the canals of this state ; and such collector shall also, if he deems it proper, examine, upon oath, all or any of such persons so engaged in the forwarding business, and any or all of the agents, clerks or employees of such persons, or any other person 12 CANAL REGUIATIONS. or persons he may deem proper, in relation to any such property, the shipment or receipt of the same, the books and accounts thereof as kept by the said house "- ""'" pany, and in relation to any bills of lading issued _^ and presented to any collector upon the canals fof the pur- pose of obtaining a clearance or receipt thereupon. pefijstii of 24. If any such person or persons, their agents, clerks lorwardera. ^j. gervants, shall, upon the request of any collector, refuse to permit their books to be examined, or shall refuse to per- mit himself or themselves, their agents, clerks and servants, or any of them, to be examined upon oath touching the mat- ters mentioned in the last preceding regulation, the collec- tor making such request shall, as soon as may be, commu- nicate to the auditor the fact of his having made such re- quest, the cause of his making the same, and the fact of such refusal, with the reasons, if any, given therefor ; and shall refuse a clearance to any boat on board of which any property has been conveyed, and concerning which he wishes to examine such books. Bills of salt. 25. Whenever any bill of lading shall be presented to any collector of canal tolls for the purpose of obtaining a clearance or receipt of the property mentioned in such bill of lading, and any part of the property shall consist of salt in barrels or casks, the collector shall require that the manufacturer's brand, as marked upon said barrels or casks, shall be correctly and truly set down and specified in the said bill of lading ; and he shall transcribe into his certifi- cate book, and insert upon the clearance of any such salt, the mark or brand of the manufacturer, as given in the bill of lading so presented. Bills or salt. 26. Any person who shall present any such bill of lading, with the manufacturer's mark or brand to any salt men- tioned therein untruly specified and set down, shall, for every such offence, be liable to all the penalties imposed by the law upon persons presenting false bills of lading of property to be cleared for transportation upon the canals. CANAL REGULATIONS. 13 Relative to Tolls upon Passengers, and Commuta- tion therefor. 27. The auditor of the canal department may permit Auditor mar freight and packet boats to commute for tolls payable upon KmmS^ passengers, according to the established rates, by paying an additional toll of three mills per mile upon freight boats, and one cent per mile upon packet boats. 28. The auditor shall j prescribe a form of an agreement Auditorto , to be executed by the master, agent or proprietor of any ?Jrm"&^ boat or boats, who may elect lo commute for the tolls pay- able upon passengers, and he shall establish snch rules as he may deem necessary, in relation to the commutation of tolls upon passengers. 29. Such election or agreement to commute shall be Election, made before the tenth day of May in each year, and shall made." continue through the season. 30. The collector of canal tolls receiving from the mas- coiiectora to ter, owner or proprietor of any boat or boats a consent and klww'^ecig- agreement, shall give to the person from whom he shall °ient-&'=. receive such consent and agreement an acknowledgment, such as shall be prescribed by the auditor of the canal de- partment. 3L The master or owner of every. boat intended to navi- Boatnot /- 1 % r I -I 11 L ■ I commuting gate any of the canals of the state night and day, or which may make belongs to any regular line of packet or freight boats, who ~ "'" shall not have elected to commute for the tolls upon pas- sengers to be transported upon such boat, according to the regulations established for that purpose, shall, to entitle such boat to make statements of passengers monthly, or oftener, if he choose so to do, pursuant to the requirements of existing statutes, deliver to some collector, on or before the fifteenth day of May in each year, a certificate in writing, signed by the said master or owner, which certifi- cate shall state that the said boat is to navigate the canals night and day, or that it belongs to some regular line of packet or freight boats, as the case may be, naming the line to which the said boat belongs ; and shall fnrther state the name of the collector's office at which such boat will statumt^nts. 14 CANAL KEGU£aTIONS. make its statements of passengers and pay the tolls there- on for the season ; and every such boat shall make its statements of passengers and pay the tolls thereon at the collector's office named in the said certificate, and to no other, unless as hereafter provided, statements 32. All boats filing such certificates shall elect to make on'thfcfnai 'heir statements of passengers and pay the tolls thereon for where boat the season at one of the collector's offices on the canal where the boat is intended to run ; and where the boat runs on more than one canal, the election shall be made at an office on the canal where the boat principally runs. If, at the close of navigation, or at the end of the last passage of any boat for the season, the boat shall be stopped or laid up at a distance from the office elected, the master may make the statement or aflidavit then due, and pay the tolls thereon at any other collector's office, Dnty of eoi- 33. Evcry collector, to whom any such certificate shall lector. ijg delivered by the master or owner of any boat, shall give to such master or owner an acknowledgment of the receipt thereof in writing, signed by such collector, and stating the name of the collector's office to which such cer- tificate shows that the statements of passengers for the said boat are to be made, and shall forthwith transmit to the auditor the certificate so delivered to him. Boats, when 34. Boats running night and day, or belonging to any each office."' regular line of freight or packet boats, and which do not pay commutation toll, shall, until they file the certificate required by the 3 1st regulation, be charged toll on all pas- sengers conveyed in such boat in the same manner as re- quired to pay toll on property conveyed. Auditor may 35. The auditor shall, at his discretion, and upon the offlc""" application of the master or owner of any boat, permit elected. such master or owner to change the collector's office at which the statements of passengers for his boat are to be made, as designated in the certificate of the said master or owner, to any other collector's office upon the canals. CANAL' REGULATIONS. 15 Relative to the NayigatioE of the Canals 36. Every boat passing on either of the canals of this rioatst* state, or on any feeder of either of them, is required, at all at^ght""" times during the night, to carry conspicuous lights on the bow of the boat ; and every raft, navigating either of the said canals or feeders at night, shall carry a conspicuous light on the forward end of the same. And every raft moored or tied up, shall, at all times during the night, have a conspicuous light at each end of each tow, near the outer corners thereof: and every infraction of this regulation shall subject the master, owner or navigator of any boat or raft to the penalty of ten dollars. 37. No boat or float shall unnecessarily stop, lie by or where not be moored within twenty rods of any lock, except in a '°"°P" basin. And every master, owner or navigator of any boat or float, who shall violate this regulation, shall be subjected to the penalty of ten dollars. 38. Any unreasonable or unnecessary delay of a boat or Delay in a float in a lock, or in entering or leaving a lock, shall sub- ''""" ject the person or persons having charge of such boat or float to the penalty of five dollars ; and every boat or float which shall not be towed into a lock and out of it, when other boats or floats are in waiting to pass said lock, shall be considered as having violated this regulation. 39. Every boat or float which shall arrive at any lock, and which shall not improve the first opportunity of pass- ing the same, shall lose its preference, so long as there may be any other boat or float at the lock ready to pass in the same direction. Delay in parsing loclc. 40. In order to protect other boats from injury, no scow or other boat, hereafter to be built and registered, shall be permitted to navigate any canal, unless the bow of said scow or boat be constructed of an elliptical or semi-circular form, the versed sine of which shall not be less than one- fourth of the chord, in form as follows : Semi-circu- lar bow. 16 CANAL REGULATIONS. FORM. Filtb not to be thrown into canals Ife^se^ Sin^ ^ of the Chord Jj^V ■J^^ :^'' The master, owner or navigator of any scow or other boat used on any of the canals, in violation of this regula- tion, shall be subject to a penalty of ten dollars. 41. No carcass, dead animal, putrid substance or filth of any kind, shall be thrown or discharged into either of the canals, or into any basin, reservoir or feeder connt'cted therewith : and a breach of this regulation shall subject the ofi'ender to a fine of five dollars. Duty of ca- nal o£Bcer at a breach. 42. In case of a breach or other obstruction on either of the canals, or when the canal is filling with water, the superintendent, canal commissioner, engineer, collector, foreman or lock-tender, shall direct the floats which may be collected near such breach or other obstruction, or which, in his opinion, may obstruct the filling of the canal with water, to lie in such places and to be moved backward or forward on the canal as he shall think most advisable and proper: and a refusal to comply promptly with his direc- tions in this respect, shall subject the owner, master or person having charge of said float to a penalty of ten dollars. Eaite. 43. No raft or tow of timber, passing on either of the canals or feeders, shall consist of more than six cribs, and no raft or tow of timber shall approach any other raft or CANAL EEGULATIONS, 17 tow of timber nearer than thirty rods, unless for the pur- pose of passing, or to be moored nearer than thirty rods to any other raft or tow of timber which shall be first moored. The first and leading crib in every raft or tow of timber, on eithnr of the canals or feeders, shall hajre the outer edge of the forward end of every outside stick rounded. And no traverse stick on any crib of timber shall extend within one inch of the outer edge of the outside stick of such crib of timber. And every violation of either of the provisions of this regulation shall subject the owner, person or persons having charge of said tow or raft to a penalty of ten dollars. 44. Every boat passing on either of the canals shall Eudder. have its rudder so constructed or secured as not to catch or cut the tow rope of a passing boat. And every viola- tion of this regulation shall subject the master or owner to a penalty of five dollars. 45. The clearance or permit of every boat or float shall cicaranee be exhibited to the first lock-tender after such boat or float fo be'ex- ' shall have left a collector's office; and unless the clearance '"'"'"^• or permit, having on it the signature of the collector at such office or of his clerk, is so exhibited, such lock-tender shall not permit the boat or float to pass. 46. No person or persons, except the lock-tender, shall opening be permitted to open either of the large gates of a lock, or die gates. the paddle gate, without the permission of the lock-tender. And every person violating this regulation shall be liable to a fine of five dollars. 47. Every boat navigating the canals, shall, in passing Bn«b posia. a lock, fasten the bow and stern line to the snub post on the bank of the lock, until the lock is either filled or emp- tied, as the case may be. And the master or owner of every boat which shall violate this regulation shall be liable to a fine of five dollars. 48. The horse or horses of any float navigating the Tow-path canals shall not pass over a towing-path bridge faster than •'"•'ge.*"- on a walk, nor pass into or out of any boat or float over or upon the walls or sides of any lock on either of the canals of this state. And the master or owner of every float which shall violate this regulation shall be liable to a fine of three dollars. 18 CANAL REG-ULi-TIONS. Float OTer- taken to turn oat. Two floats meeting in vicinity of a raft. 49. Whenever any b6at or float passing on either of the canals shall approach} within the distance of fifty feet, any other boat or float waich shall at the time be moving in the same direction, andi^t a less speed than at the rate of four miles per hour, it snail be the duty of the forward boat or float to turn frotfl the towing-path and give to the rear boat or float every pifacticable facility for passing; and to stop whenever it shfill become necessary until the rear boat or. float shall have passed. And every violation of this regu- lation shall subject the owner, master or navigator to pay a penalty of five dollars. 50. In all cases where two boats or flotits going in oppo- site directions shall approach each other, in the vicinity of a raft, in such manner that they would, if both should con- tinue their headway, meet by the side of such raft, the boat or float which shall be going in the same direction as the raft shall stop until the boat or float going in the oppo- site direction shall pass such raft. And every master of a boat who shall violate this regulation shall forfeit the sum of ten dollars. Injuries to a loclc. Penalty for placing tilings on ice, &c. Mooring floats. 51. Every boat or float shall be conducted into, through and out of every lock on the canals of this state in a care- ful manner, so as to do no injury to such lock. And for every neglect so to conduct the same, the owner or master of such boat or float shall pay a penalty of ten dollars. 52. No person or persons shall place on the towing-path, berm bank, or in any canal, feeder or reservoir, or on the banks of any reservoir, or on the ice in any canal feeder or reservoir, logs, timber or other materials, without the permission of a canal commissioner or a superintendent. And no person or persons shall fell trees, roll or carry logs, timber or rubbish of any kind within the flow line of either of the reservoirs ; meddle with or interfere with any of the fixtures or buildings of either of the reservoirs. And every violation of these regulations shall subject such person or persons to a penalty of ten dollars. 53. No person or persons shall, without the permission in writing of a superintendent, moor a boat or float on either of the canals for a longer period than four days at any one time, unless in a basin or where the canal is of sufficient width to pass three boats abreast. In cities or villages no boat or float shall be moored in the canal (ex- cept in a basin) for a longer period than is reasonable for CANAL EEGULATIONS. 19 discharging or taking the load of such boat or float, with- out a written permission fronri the superintendent, or, in his absence, of the collector, wcigh-master or inspector. And any person or persons who shall violate this regulation, shall be liable to a penalty of ten dollars. 54. No person shall, without the permission in writing ^^™,",^ of a superintendent, roll or draw from or into any of the froaiorinto canals or reservoirs, over the side of any lock or aqueduct, "'°''''' or over any structure of masonry, or over the side of any embankment, of any canal reservoir, or feeder, any log, timber or other material. And every violation of this re- gulation shall subject every person concerned in it to a pen- alty of ten dollars. 55. It shall be the duty of every collecter of tolls, or Berths to be • 1 1 ■ r I 1 11 -I - assigned to weigh-master, and if there be no collector or weigh-master boai«. present, of every superintendent, whenever in the opinion of such officer it shall be necessary, to assign berths to all boats when loading, unloading or stopping at any landing place on a canal. And every master, owner or person hav- ing charge of a boat, who shall refuse or neglect promptly to comply with directions given by a collector, inspector, weigh-master or superintendent, or any person who shall forcibly remove or attempt to remove any boat from the berth assigned it by either of said officers, without his per- mission, shall be subject to a penalty of ten dollars. 56. The margin of the canal on each side of the little Littie tasin basin, near the intersection of the Erie canal with the Hud- "' ""''■ son river, being a towing-path, all the laws and regulations respecting obstructions of the towing-path of the Erie canal shall be enforced against such persons as obstruct the grounds on the margin of the said basin, or occupy the same with wood, stone, lumber or other things, without the written permission of a superintendent or collector. 57. The masters of all boats arriving at the city of Roqhester, laden with staves, which are consigned or are to be left within the corporate bounds of the city, shall, before unlading the same, or any part thereof, cause the weight of the boat and cargo to be ascertained at the weigh-lock at that place. And for a violation of this regulation, the master or owner of every such boat shall be liable to a penalty of twenty-five dollars, and the collector or weigh- master at that place may prosecute for the same in the name of the people of this state. Boats laden ■with staves. 20 6anal eegulati4)ns. and Crooked ^^- ^° ^"^* ^^^^^ P^*® either of the locks _^Upon the Che- Late canals, mung canal, between the collector's office in the village of Havana and the northeasterly end of the sumniit level, nor of the Crooked Lake canal, above the village of Dresden, after dark or before daylight, without the written permis- sion of a canal commissioner or superintendent. And every violation of this regulation shall subject the master or owner to a penalty of ten dollars. Canal oflB- cers to make entry of offences. 59. Superintendents, collectors, weigh-masters and lock- tenders are hereby required, on every violation of either of the above regulations, to make an entry of the nature of every offence, the names of the offenders, the time and place where committed, and the names of witnesses. And it is further strictly enjoined on each of the above officers to carry these regulations into full effect. Boats going to Chemung and Crooked Lake canals. 60. Masters of boats passing the Cayuga and Seneca canal, with cargoes destined to any point on the Chemung or Crooked Lake canals, shall, before they receive a clear- ance at Havana or Dresden, present to the collector a copy of the original clearance left at Geneva ; which copy shall be furnished by the collector at Geneva, free of charge. Boats going from same canals. . Boats may pay toll at Havana in certain cases. 61. Masters of boats passing from the Chemung or Crooked Lake canal, and having property on board which has paid toll on either of those canals, and persons having charge of rafts, shall, before said property or rafts are clear- ed on the Cayuga and Seneca canal, present to the collector at Geneva a copy of the clearance on which said toll was paid ; which copy shall be furnished by the collector on either of the first named canals with which the original clearance is deposited, free of charge. 62. Boats passing up the Chemung canal with merchan- dise from tide-water, destined for Corning and Elmira, may pay toll on the same, at Havana, to each of the above named places; and when so paid they shall not be subject to any additional toll upon such merchandise as shall be first carried to Corning or Elmira, and thence to the other of those places. boTnouo ^^" ^° ^°^^ ^"' '^^f^^^'er be permitted to change its bedianged name or hailing place, between the tenth of April and the ^fier wth (,jQgg Qf navigation in each year. Auditor may permit boats to change The auditor of the canal department is hereby author- ized to permit changes of the names of boats whenever it CAIS^AL REGULATIONS. 21 custom- house regis* iry. shall be necessary to make the name conform to the United °o^°„i°(o States custom-house registry, by reason of a change of name on the canal, after having been registered at the cus- tom-house. And the auditor is authorized to change the name and hailing place of boats going through to New- York whenever such change may be necessary to conform to the laws of the United States. 64. Stock, agricultural productions and implements, and specimens of machinery, mechanical work and manufac- tures, intended for exhibition at the annual state agricultu- ral fair, shall be cleared and pass on all the canals, free of toll, to and from the place of holding said fair. Slock, Ac, exempt fl*om toll, passing to and ft-om annual state Authority of Canal Officers to sue for Penalties. 1st. collectors. 65. Each collector of tolls upon any of the canals is here- by authorized to prosecute, in the name of the people of this state, for any penally incurred by the violation of any or either of sections 119, 123, 124, 125, 130, 143, 147, 152, 160, 161, 162, 163, 164, 179, 180 and 181, of title 9, chap- ter 9, part first of the Revised Statutes ; and for any penal- ty incurred by the violation of any or either of the regula- tions of the canal board, to wit, regulations Nos. 2, 3, 10, 15, 21, 26, 36, 37, 38, 40, 41, 42, 43, 44, 48, 49, 51, 52, 53, 54, 55 and 57; and shall prosecute for all such penalties, whenever such collector shall know, from his own observa- tion, or have good cause to believe, that any of the said penalties have been incurred. 2d. superintendents. 66. Each superintendent of repairs upon any of the ca- nals is hereby authorized to prosecute, in the name of the people of this state, for any penalty incurred by the viola- tion of any or either of the following sections of title 9, chapter 9, part first of the Revised Statutes, to wit, sections 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 175, 176, 178, 179, 180, 181, 182 ; and also for any penalty incurred by the violation of any or either of the regulations of the canal board, to wit, regulations Nos. 236, 37, 38, 40, 41, 42, 43, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 22 (JANAL REGULAT IONS. 55, 58 ; and shall prosecute for all such penalties, whenever such superintendent shall know, from his^pwn observation, or have good cause to believe, that any of the said penal- ties have been incurred. ^ 3d. WEIGH-MASTERS. 67. Each weigh-master upon any of the canals is here- by authorized to prosecute, in the name of the people of this state, for any penalties incurred by a violation of any or either of the regulations of the canal board, to wit, regu- lations Nos. 2, 3, 18, 19, 20, 21 and 57, and shall prosecute for all such penalties whenever such weigh-master shall know from his own observation, or have good cause to believe, that any of the said penalties have been incurred. 4th. lock-tenders 68. Each lock-tender upon any of the canals sihereby authorized to prosecute, in the name of the people of this state, for any penalties incurred by a violation of any or either of the following sections of title 9, chapter 9, part first of the Revised Statutes, to wit, sections 157, 158, 159, 160, 161, 162, 163, 179, 180, 181 and 182; and also for any penalty incurred by any violation of any or either of the fol- lowing regulations of the canal board, to wit, regulations Nos. 37, 38, 41, 46, 47, 48, 51, 54, 58 ; and shall prosecute for all such penalties whenever such lock-tender shall know, from his own observation, or have good cause to believe that any of said penalties have been incurred. l^TE — The refereuces to "sections," above, are to the Ist ed. R. S. Resolutions adopted by the Canal Board in relation to Powers and Duties of certain Canal Officers, &c. IN RELATION TO COLLECTORS. cierkhiFe. 1 Every Collector shall produce to the auditor full vouch- ers, by way of receipt, from all persons who shall be em- ployed by him as clerks in his office; each of which receipts shall state particularly the time when the said clerk commenced service, and the time when the service CANAL REGULATIONS. 23 closed, and the rate of compensation per month or day actually paid, and shall also produce the affidavit required by law of the actual payment of the money stated in such receipt; and no allowance shall be made to any collector for clerk hire, over and above the sum for which vouchers shall be produced showing the actual payment. [The salary of a collector, as fixed by the canal board, i'"'"""*- is in full of aZ^ costs and expenses of his office, except clerk hire, office rent, necessary expenditure for office light, post- age on communications to the canal department, which in all cases should be prepaid, and necessary furniture. The cannl commissioner is to be consulted before the purchase of furniture is made. Vouchers for furniture will not be allowed, unless endorsed with the approval of the acting canal commissioner on the line of canal where the office of the collector is located.] 2. The several collectors of canal tolls will be required ^ttend'to wa to give their personal and constant attention to the duties osice.andto of their office, and to reside at the places at which their offlceVioca- offices are located, during the season of navigation. A '*''• collector who is not allowed a clerk, is not to farm out his office, or in any way to employ or authorize a person to perform his duties or to act for him, except in case of illness or unavoidable absence from his office. 3. Every collector who is allowed clerks shall employ competent competent and sufficient persons to assist in the perform- ance of the duties of their respective offices, at as low a rate of wages as such clerks can be procured, without any reference to the price at which those wages are established by this board ; but no collector shall be allowed for a great- er number of clerks than is fixed by the board, unless he shall have the written consent of one of the canal com- missioners to the employment of an additional number of clerks, and to the compensation to be paid to each ; and unless, also, such additional clerk hire can be paid from the sum established for clerk hire for such office, in the re- solution of this board fixing the salary of the collector, the number of his clerks, and the compensation beyond which they should not be paid. 4. The collectors at the several places upon the canals, ,^°^VinreI where an inspector is located, shall give him general direc. latto^ to in, tions in regard to the services to be performed as such in. 'B*'='°"- spector, 'I'he collector, from his examination of clearances^ 24 CANAL EEGULATIONS. .Not to pro- cure blanks. and from the reports received from weigh-masters, (fee, is prepared to judge what cargoes should be carefully inspect- ed, what tallied off, (fcc, and he shall direct the inspector to the performance of such services as in his opinion will be most effective in detecting carelessness or fraud in the bill of lading or otherwise. The collector shall keep the time each inspector is actually employed in the duties of his office, not counting the time in which such duties are omitted, neglected or carelessly or negligently attended to, and shall pay each inspector, after the expiration of each calendar month, his compensation for services rendered, at the rate fixed by the canal board ; and the receipt of the inspector, specifying the number of days or months, as the case may be, for which such receipt is the evidence of pay- ment, and the date from which to which the receipt covers, with the collector's certificate as to the correctness of the time endorsed thereon, shall be the voucher of the collector for such payment. 5. No collector, weigh-master or other officer upon the canals shall be allowed to procure blanks, or other printing for their offices, without the written permission of the audi- tor, or the commissioner in charge; inasmuch as the said printing is to be done by and the blanks are to he furnished from the canal department. 6. All collectors of tolls upon the canals are considered, and each of the said collectors is hereby declared to be, ex- officio, an inspector of canal boats and their cargoes, and that it is the express duty of each collector and his clerks, as far as their office duties will permit, to inspect all boats arriving at, cleared from or passing his office. 7. Each collector of canal tolls shall deposit daily the moneys received by him as such collector, for toils, without selling or exchanging any portion thereof, in the bank designated by the canal board as the place of deposit ; and in case where an agent is appointed by the deposit bank, the collector shall in like manner deposit daily the money collected by him with such agent. ^kIouo 8. No collector of tolls, superintendent of repairs or other be^entaof officer on the canals shall be the agent of any bank for the purpose of receiving any tolls directed to be deposited in such bank. Collectors, ei-ofticio, InBpectors. Collectors to deposit dailj. offliftobe 9- The office of the collector shall, in every case, be in '°»'^pa™te a separate room, in which no other business shall be trans- CANAL REGULATIONS. 25 acted than that which is connected with the collection of tolls ; and the collector's office shall not be connected, by a door or other opening, with any other room which is occu- pied as a grocery, tavern or store, or for rending any com- modities to those who navigate the canals. 10. Every clerk of the collector shall, before he enters on ^i®'^,!? '*''® nis duties, take and subscribe an oath or affirmation that he will faithfully discharge the duties of collector's clerk, according to the best of his ability; which oath or affir- mation may be taken before any officer authorized to ad- minister oaths, and shall be filed in the canal depart- ment. Upon the oath or affirmation of any clerk who Authority to shall be authorized by a collector "to perform all the authwiLed!" duties and exercise all the powers legally appertaining tobeendors- to such collector in his absence," the substance of such au- oath. thority shall be endorsed by the collector before the same is filed in the canal department. 11. When any clerk, duly authorized by a collector, shall, in the performance of the duties, or in the exercise of the powers legally appertaining to such collector, and in his absence, be required to affix his name to any paper, he shall, immediately after his christian and surname, affix the fol- lowing words: "Clerk, collector absent;" and when the collector is in his office, the collector, and not a clerk, shall affix his name to all papers, except the endorsements on the back of clearances. How clerk to eiga his name. 12. Where a collector shall authorize more than one clerk to act for him in his absence, he shall, in the endorsement of the authority which, by the foregoing resolution, he is to make upon the oath of said clerk, state that he is first, second or third clerk, as the case may be ; and in the ab- sence of the collector, each clerk, so authorized to act for him, shall act in the order of his designation ; and no more than one clerk shall act for him at the same time. If the first clerk be present, he, and not the second or third clerk, shall affix his name to all papers, except the endorsement of clearances, adding thereto, " First clerk, collector absent." If the collector and first clerk be absent, the second, and not the third clerk, to act. And the third clerk is only to exer- cise the powers of collector in the absence of the collector and the first and second clerks. Order of ac- tion. 13. The collectors at New- York, Albany and West Troy ^^IJJ'.^'Jj'j'^*' are authorized and directed to clear boats and property des- Albany and 26 CANAL REGULATIONS. ■West Troy to clear boats, &c., on Oswego canal. tined to Oswego, to that place, and receive the tolls thereon; and they shall keep separate accounts of Oswego canal tolls, and make returns of them in the same manner as of Erie and Champlain canal tolls. 14. The collector at Higginsville is authorized to collect Collector at Higginsville - — oo ■ - ------ — touTorErie '°"® "P°" ^^^ ^""^^ Canal, upon all property which enters oneidaLake; the Erie Canal from the Oneida Lake canal, and upon the kD^prove?' Oneida Lake, Oneida River improvement and Oswego ment and Oswego canals. Oneida Lake, Oneida River improvement canals. Appointment and Removal of Collectors and Weigh- Masters, ^ywhom 15, Collectors of canal tolls and weigh-masters shall be and re- appointed by the Canal board, and shall hold their offices moved. ^^^ ^^^ year; but may be removed at any time by such board. Power of auditor. 16. The auditor, when the canal board is not in session, shall also have power to remove any of the said collectors and weigh-masters, and shall report his reasons therefor to the canal board at their next meeting; and he shall also have the power to fill the vacancy occasioned by such re- moval until the action of the board. In Relation to Superintendents and their Employees. To pay mo- 17. No Superintendent of repairs shall, Under any ciicum- tL7erre°''° stances whatever, take a receipt for labor done, services ceipt. performed or materials furnished for the canals, where the money shall not be actually paid. To attend to 18. The Several superintendents of canal repairs are re- offlce?*"^'''" quired to give their personal and constant attention to the duties of their office. To setlle every two monltia. 19. Each superintendent shall, as far as practicable, set- tle all its accounts once in two months, taking receipts only for such payments as shall have been actually CANAL REGULATIONS. 27 made ; and he shall furnish the commissioners, having charge of that division of the canals on which his section is located, with a separate abstract of the accounts unpaid [a copy of which shall be sent to the canal department, with the accounts of the superintendent], and pay the same immediately after receiving his next advance, if then due. 20. Every superintendent shall open an account as Tn keep on • . 1 ^ ^ , ... ^ r ,.*.,.., , official ac- supcrmtendent, and disuict from his individual concerns, conntwiih with some bank, in which, from time to time, shall be »o™ebank. deposited the money received from the auditor ; and he shall immediately inform the auditor and the commissioner in cliarge, what bank he has selected for keeping his offi- cial account, and the bank so selected shall not be changed without their consent. He shall cause his bank book to be written up as often as once in each month, and at all times when he shall apply to such commissioner to have his accounts certified ; and he shall at all times, on request, exhibit his bank book to such commissioner, who may at any time examine the official account of such superin- tendent at the bank. 21. No superintendent or foreman, or other person em- nisiany'' ployed to take charge of any work on the canals, or officer '""""s of wa r J c? •/ • own or eiD" on the canals, shall furnish any teams, boats, cirriages, pioy'ihoso materials or other thing belonging to himself, for the use of fbe^pf wif '" the public, or of any canal ; or employ or contract for the fTpfi'ite same when owned by any member of his family, or by any foreman or lock-tender ; or employ any member of his fami- ly on the canal ; or employ any teams, carriages, boats, materials or other thing belonging to the public for any private use or purpose. 22. And no officer on the canals, or holding any appoint- fg^n^^eJied rnent under the canal commissioners or any of them, or in comracu, under any superintendent, shall either directly or indirectly be interested in any contract for labor, materials or other thing connected with the canals, and shall not, either directly or indirectly, derive any benefit from the annual expenditures on the canals beyond his established compen- sation. 23. No superintendent of repairs, clerk of a superintend- superin- - ^ /.i.iii- i_ tefldent not ent, foreman or overseer of laborers shall in any way be to board interested in boarding laborers on the canals. ''™'''- 28 CANAL REGULATIONS. SborerL*" ^^- ^° Superintendent of repairs shall sell to any lock- tender, foreman or laborer on the canals, any articles or property of any kind whatsoever. Lock-tender 25. No lock-tender on the canals shall keep or in any &c. ' way be interested in any inn, tavern or grocery, nor sell or be interested in the sale of any articles or property whatsoever, to any person navigating or traveling on the canals. superin- 26. It is the duty of every Superintendent of repairs, and Stboa'ts, of all persons in his employ, to assist floats whose progress &«■ is obstructed by bars or low water in a canal, and to assist in the unlading of any sunken boat which obstructs or which threatens to obstruct the navigation of a canal, without any charge therefor; any expense incurred by masters of boats in employing lighters, or any other assist- ance, will not be paid by the state. Bank not to 27. No Superintendent of repairs will be allowed to keep Buperintend- his official accouut at a bank which shall advance to him ™'' money beyond the amount for which the bank shall have advice from the canal department that the superintendent's * drafts on the auditor will be paid. Id relation to Weigh-Master. te/to'li^n'" 28. When a weigh-master is at his lock, he, and not his We name, assistant, shall affix his name to all clearances, certificates and papers requiring such authentication; and that in his absence from his lock, his assistant may affix his own name in lieu of that of the weigh-master, with the addition of these words : " Assistant, W. M. absent." Assistant to 29. Evcry assistant of a weigh-master shall, before he takeanoaih. gj^jg^g q^ f^jg duties, take and subscribe an oath or affirma- tion that he will faithfully discharge the duties of assist- ant weigh-master, according to the best of his ability ; which oath or affirmation may be taken before any officer authorized to administer oaths, and shall be filed in the asautant^ '" <^^"'^l department. Upon the oath or affirmation of any "duly Mtho. assistant, who shall be authorized by a weigh-master to OTdoreedon perform the duties of weigh-master in his absence, the sub- hifloaih. stance of such authority shall be endorsed by the weigh- master, before the same is filed in the canal department. CANAL REGULATIONS. ' 29 W. maiters to act as 30. The weigh-masters and their assistants, at Albany, __ West Troy, Utica, Syracuse and Rochester, are authorized inspeo'ora. and required to examine canal boats and their cargoes, under the direction of collectors. 31. Every weieh-mnster shall also keep in his office an pegi-'"": <>/, iii'i • • i-ii in . c I'gQt weights alphabetical register, in which he shall enter the name oi every boat weighed at his weigh-lock, the date when weighed, the light weight of the boat, and the measure of the water in the boat at the time of such weighing, and shall send to every other weigh-master, weekly, a list of all boats so weighed light, ending respectively on the 7th, 14th, 22d and last days of each month, and after such form as shall be prescribed by the auditor of the canal department ; which list shall be copied into their register of light weights immediately after its receipt. Section 15, page 318, of Laws of 1847, authorizes weigh- ^iTn?pe" masters and inspectors of canal boats to administer oaths torsauthor- in all cases connected with their duties. ariminister oaths. Special Regulations relative to Lumber. The collectors of canal tolls at Rochester, Syracuse and Utica, where a boat having on board sawed lumber or cord wood, which has been cleared either by count, measure- ment or weight, is unloaded at either of said offices, and the collectors of canal tolls at Waterford, West Troy and Albany, in every instance where a boat having on board sawed lumber or cord wood shall pass into the Hudson river, or where the cargo is unloaded at either of said offices, which has not been measured or counted by either of them, shall require the master or owner to produce the certificate of a city inspector or measurer before a new clearance is granted to said boat, stating the count or measurement of the quantity of each kind of lumber in feet and the num- ber of cords of wood of which said cargo was composed; and every such inspector or measurer may give his certifi- cate upon his own personal inspection of the count or measurement, or he may give his certificate upon the writ- ten statement of the owner or consignee of said wood or lumber, which statement shall, in all cases, be accompanied with an affidavit of the measurement or count from a per- 30 CANAL REGULATIONS. son of good character, and competent measurer of lumber or wood, in the following form, viz : I, , of , do swear that I have measured the entire cargo of the boat , of , of which is master, and that the following is a true state- ment or bill of the number of pieces, and the quantity in board measure of each kind of lumber composing said cargo, viz : [Here give the quantity of each kind of lumber, in feet.] And I do further swear that, where the were not of uniform length or width, I measured each piece, and have given the true contents of the whole, having made no deduction for defective lumber. Sworn before me, this day of , 185 .( And the collector may also require the master of the boat to add his oath to the certificate of the lumber in- spector, as follows : I, A. B., master of the boat ,of , do swear that no part of the lumber embraced in the bill of lading and clearance was taken from said boat from the time said clearance and bill of lading were given to me until the same was unloaded at , on the day of , 185 . [ If lumber has been previously unloaded from same car- go, state the kind, quantity and place of unloading.] Sworn before me, this day of , 185 . And the certificate of the said city inspector shall certify on what evidence his certificate is given, and such certifi- cate and evidence shall be carefully preserved in the col- lector's office; and in every instance where, in the opinion of the collector, this certificate cannot be furnished, or where he shall have any doubts that such certificate in- cludes the whole amount of said cargo, he shall administer an oath to the master or owner of the boat in relation to the correctness of his clearance. The bill of lading of each boat loaded with lumber, and destined to New -York, must be verified in the following manner, to entitle such boat to a clearance, viz : 1. Where the master does not superintend the loading of the boat, the shipper or some person who has such super- intendence must swear to the correctness of the bill of lading, as follows : CANAL REGULATIONS. '31 I, A. B., of the town of , do swear that I super- intended the loading of the boat , of which is master, at [here state the place or places where the lum- ber was taken on board], and that the above is a true bill of lading of said boat, and that no articles of freight of any- kind, other than those specified in said bill, were put on board of said boat up to the time that took charge of the boat as master. Sworn before me, this day of , 185 . The master of the boat will be required to make the following oath : I, A. B., master of the boat , of , do swear that no addition has been made to the cargo of said boat since the bill of lading and affidavit annexed were delivered to me; and, according to the best of my knowledge and belief, the said bill represents truly all the frieght on board of said boat. Sworn before me, this day of , 185 • ! 2. Where the master superintends the loading of the boat, the bill of lading may be signed by the shipper, and be verified by the oath of the master, as follows: 1, A. B., master of the boat , of , do swear that I superintended the loading of the boat , of , at [here specify the place or places], and that the above is a true bill of lading of said boat ; and that no articles of freight of any kind are on board of said boat, other than those specified in the bill now presented to obtain a clear- ance. Sworn before me, this day of , 185 . Each boat destined to New-York shall be furnished with a duplicate of its bill of lading, so that the one containing the affidavit of the master may be surrendered to the canal collector when the boat arrives in the city of New- York. In the measurement of timber to be floated on the canals, bark adhering to the wood, and refuse stuff, are to be estimated as forming part of the timber, and to be rated accordingly ; and the inspectors are instructed to make their measurements according to these directions. Whenever cord wood or sawed lumber shall be delivered to more than one owner or consignee from the same cargo, the master of such boat shall deliver to a canal boat in- 32 CANAL EEGULATIONS. spector a statement from each owner or consignee of the quantity, in feet, of each kind of lumber, and the number of cords of wood received by him from such cargo, and such statement shall be accompanied by an affidavit, such as is first above prescribed, omitting the words " entire cargo," and substituting tiierefor " all of that portion of said cargo delivered to [here insert the owner or con- signee's name] ; and every master who shall violate the provisions of this regulation shall forfeit the sum of ten dollars. Whenever a cargo of cord wood or sawed lumber, or any portion thereof, is unloaded at a place where there is no collector, the master of said boat shall attend to the measurement of said lumber or wood when it is delivered ; and it shall be the duty of said master to deliver to the nearest collector, or the collector next in order on his pas- sage, a statement showing the kind or kinds and quantity of all the lumber, in feet, and the number of all the cords of wood so unloaded, which statement shall be sworn to before the collector to whom it is delivered ; and every master who shall violate the provisions of this regulation shall forfeit the sum of ten dollars. 33 Article 7, Title 9, Chapter 9, Part 1, KEVISED STATUTES. Regulations and Penalties concerning the Navigation of the Canals and the Collection of Tolls. [ The sections are numbered as in first edition Revised Statutes, and phraseology altered to conform to the provisions of chapter 162 of the Laws of 1848, and other amendatory statutes.] ,§111. The owners of every boat navigating the ceruflcateof canals shall subscribe and deliver to the collector, of "S'^'^J- whom the first clearance 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 § 112. If the master of a boat, of which the owners n, reside 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. ,§ 113. Every collector receiving a certificate of registry Dmyofcoi. shall sign an acknowledgment of the receipt thereof, "°'°'' and deliver the same to the master of the boat, and 3 34 STATUTE REGULATIONS Duty ot auditor. Register, how ebauged. Copies to collectors. Clearances, when grant- ed. Wlio owners. Ciiange of mime of boat. Name to be on each boat. shall, without delay, transmit the certificate received to the auditor. ,§ 114. The auditor 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 auditor. ^ 115. If any persons residing within the state, claim- ing to be the owners of a registered boat by a transfer from its former owners, shall produce to the auditor due proof of such transfer, and shall deliver him a new cer- tificate of registry, signed by themselves, it shall be the duty of the auditor to change the register of such boat, so as to correspond with such new certificate. § 116. The auditor shall, from time to time, transmit to the several collectors a certified copy of the register of boats in his office, and of the several changes made therein. ,§ 117. No clearance shall be granted to any boat, unless the 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 deliv- ered to such collector a proper certificate of registry, or have exhibited to him the receipt of some other collector for such certificate. 3 IIS. The persons specified in its certificate of regis- try, 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. ^ 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 auditor, and every master who shall enter or report such boat, at any col- lector's office, by a different name than that so stated, shall for every such offence forfeit the sum of twenty- five dollars, (a) ,^ 120. No boat shall receive a clearance, or be per- mitted to pass on any canal, which shall not have the name thereof, and of the place where it is owned, cor- responding with its certificate of registry then in force, (a) Reduced by canal board to tea dollars. AND PENALTIES. 35 painted on some conspicuous and pernnanent part of tlie outside of the boat, in letters of at least four inches in height. ^ 121. Every master of a boat conveying property on Biiinf a canal shall exhibit to the several collectors, hereinafter iomente." mentioned, a 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 weight of all the articles of such property on which toll is charged by the ton, of the num- ber 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 dif- ferent articles, on which toll is so computed. 3122. Every such account or bill of lading shall be teelh.ried! 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 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. (5 123. If there shall be no collector's office at a place "• where any articles shall be laden, nor at the place of their delivery, 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 ex- hibit such bill and to pay such tolls, within the period so limited, shall for every offence forfeit the sum of twenty-five dollars. 36 STATUTE REGULATIONS Fanaltiu, la. Bills, how verified. Clearances. Ke^nlatiODS of boats* PonaUj. OoUeclora to give copies. ^ 124. Every master of a boat navigating a canal, who 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 dol- lars, (a) 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 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. ^ 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 omited in such bill, and the imprison- ment not to exceed two years. ^ 126. Every collector receiving a bill of lading may require the master exhibiting it to verify it by his oath, which such collector is authorized to administer. § 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. §, 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 masterthereof shall have delivered the clearance of such boat or articles to the collector, at the place for which they are cleared. § 129. If there be no collector at such place, the mas ter 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. § 130. Every master who shall omit to deliver a clear- ance to the collector, to whom the same ought to be de- livered, shall forfeit the sum of twenty-five dollars, (a) .§ 1-31. Every collector issuing any clearance, or in whose office any clearance is on file, shall, whenever requested, give a certified copy thereof, with the addi- (u) Penalty reduced by the canal board to ten dollars. AND PENALTIES. 37 tional cargo entered thereon, and the several endorse- ments of other collectors. 3 132. Such certified copy shall have the same validity and 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 auditor for all sums which shall be so received at such time and in such manner as the auditor shall direct. ^ 133. The tonnage of all articles conveyed on either of the canals, on which toll may be charged by the ton, shall be ascertained, and charged according to the real weight of such articles. (5 134. Whenever a difference as to the amount of tolls to be paid shall arise between a collector of tolls and the master 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 exceeds the amount contained in the bill of lading thereof, the col- lector shall charge tolls according to the weight, number or feet thus found. g 135. In every such case the master shall pay to the collector the expense of such weighing, counting or measuring, at the rate of twenty-five cents for every ton weighed ; of five mills apiece, 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 con- taining them. 5136. The master of every boat shall be liable for the payment of tolls and expenses ; and it shall be the duty of every 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. § 137. If such payment be refused, the collector shall distrain so much of the property detained as shall be sufficient to satisfy the charges thereon ; and at the ex- piration of eight days, if such charges shall remain Eflrct of copy ; fees for making. ArtirlPS, when to be woi^hed. Expense, how paid. Payments, how en- forced. Id. 38 STATUTE REGULATIONS Barplb'i. 6tatemeuts of pasHen- gprs in cer- talQ cases Contents of flrat state- ment. When affi- davit to be made> Different masters. Cnllector'a duty; penal- ty on mas- ters, &c. 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. g 138. Any surplus arising from the sale, after the payment 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. • g 139. Every master of a boat which usually runs on the canal night and day, or which belongs to any regu- lar line of packet 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 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. § 140. 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. § 141. If it shall happen that, during the time for which a statement is required, no passenger 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 con- veyed in such boat during the time specified therein. (5 142. 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. ^ 143. The several collectors shall transmit to the auditor 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, AND PENALTIES. 39 shall for each offence forfeit the sum of twenty-five dol- lars, [a) § 144. The commissioners of the canal fund may, in f^uX- their discretion, prohibit such boat from receiving a clearance, and navigating the canals, until such state- ment or affidavit be furnished and the tolls paid. §, 145. Every collector receiving such a statement or fo^Sow- affidavit, relative to passengers, shall give to the person '^^s^ J^^'*- from vphom he received the same a written acknowledg- ment thereof. § 146. A certificate made by the auditor, under the ^JgilTto"' seal of his office, after thirty days from the time when ""''f »""«- 1 rt» 1 • 1 1 -11 meat. such a Statement or arhdavit 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. i5 147. Every master or person having charge of any ™?e???"' boat navigating a canal, which does not usually run in ceriainboais the night 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 con- veyed ; 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 forfeit the sum of twenty-five dollars. (6) § 148. The canal board may, in their discretion, re- Ho™fci'r"toiia. ceive from the owners of any boat a specified sum, by the year, for a license to carry passengers therein, as a commutation for tolls upon passengers, (c) §, 149. Such commutation shall be paid at such time ^owpatd. and in such manner as the canal board may prescribe ; and no statement or affidavit relative to conveying pas- sengers shall be required from the master of any boat so licensed, (c) (a) renalty reduced by the canal board to fifteen dollars. (A) Penalty reduced by canal board to ten dollars, (c) As amended by chap. 21, Laws of 1835. w 40 STATUTE REGULATIONS cdfieoL?! S 150. Any clerk duly authorized by a collector may perform 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. Berthsof g 151. It shall be the duty of every collector of tolls, and, if there be no collector present, of every superinten- dent, to assign berths to all boats when loading or un- loading at any landing place on a canal, whenever disputes shall arise concerning the same. Speed of ^ 152. No float shall move on any canal faster than at ""'*' ■ the rate of four miles an hour, without a permission in writing, signed by a majority of the canal commissioners ; and for each violation of this provision the master shall forfeit the sum often dollars. in^'asBiQ^ S 153. Where a boat, used chiefly for the conveyance of persons, shall overtake any other float, not used chiefly for that 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. Boats meet- (^ i54_ 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. I"!- §1 155. Where any float 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 pass- ing, 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 con- venient 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 pro- vision of the three sections immediately preceding, shall for each offence forfeit the sum of ten dollars. P^^'°g S 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. '''• § 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 Fenalties. AND PENALTIES. 41 each float shall be passed in the order and manner in which he shall direct. § 159. Every master, owner or navigator of any float, Pe"""'*"- refusing to conform to such determination of the locii- keeper, or detaining or unnecessarily hindering the pass- age 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, {a) 2 160. No person navigating either of the canals shall ^^5""^^^ 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, (b) ,3 161. No covered or decked boat shall navigate any ^JJi*^*™ 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. ',^ 162. Everyowner or master of such boat, who shall P«°aity. neglect or refuse to comply with the above provisions, shall for each offence forfeit the sum of twenty-five dol- lars. vS 163. Every person who shall obstruct the naviga- obetmcting, tion 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, (a) 5 164. If any person shall obstruct the navigation of '<'• any canal, by sinking any vessel, timber, stone, earth or other 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. '^ 165, It shall be the duty of every canal commis- J°8eiz*d.''° sioner, collector, superintendent or agent, employed on the canals, to 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. (a) Penalty reduced by the canal board to ten dollars. (i) Id., five dollars. (a) Penalty reduced by the canal board to ten dollars. 42 STATUTE REGULATIONS Pto^sL""^ S ^^^- If *^^ owner of any article so seized shall ap- pear and claim the same before the time of sale, and pay the costs of seizure and expense of removal, no such sale shall take place. Avails, how (? i(;7_ fhe avails of such sale shall be accounted for for- by^the officer making the same, if he be not a collector, to he nearest collector, who shall make returns thereof to the nearest auditor ; if the sale be made by a collector, he shall account for the avails thereof to the auditor. When paid § 168. After such sale shall have been made, and the to owners, proceeds thereof paid into the treasury, the auditor may, J on the application of the owners and due proof of owner- ship, pay over such proceeds, after deducting the for- feiture, and all costs and reasonable charges thereon. TakingraiiB, ^ 169. If any boatman or person on board of any boat &c.;ptnauy. ^^ ^^^ canal shaH take, without right, any rails, boards, planks or staves, firewood or fencing posts, from the banks or vicinity of the canal, the master of the boat shall forfeit to the owner treble the value of the property taken ; and the possession of such property on board the boat shall be presumptive evidence of such taking. (&) Id. § 170. Any person or boatman who shall violate the provisions of the last section shall forfeit twenty-five dollars to any person who will prosecute therefor. Boatiiabie § 171- Every penalty and forfeiture prescribed by this orpenaities. 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 possession or having the charge of such boat or other float at the time such suit is commenced. Boat may be S l'''^- When any suit shall be prosecuted for any such detained. penalty or forfeiture, the magistrate issuing the process, by a 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. When re- § I'^'S. If such sccurity shall be givcu, or the defendant whln''s'oid. ^" ^"^'^ ^"'*' ^'^^'' prevail, the magistrate shall order the boat or other float and property detained to be released ; (i) As amended by Laws of 1830, chap. 117. AND PENALTIES. 43 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 vphich the pro- perty so detained may be sold, in like manner as if the judgment had been obtained against the owner thereof. §1 174. Weigh-masters on the state canals are hereby authorized to administer oaths, when it becomes neces- sary in the discharge of their duties. [Laws of 1847, chap. 278, sec. 15.] ^ 175. Whenever any articles shall be transported upon any of the canals of this state, and shall, with knowledge on the part of the captain or owner of the boat, be cleared as articles paying a low rate of toll, or be partially or altogether omitted from the clearance, the boat upon which such articles shall be transported shall be forfeited to the people of this state, and shall be seized and taken possession of, by any collector of canal tolls or oificer acting under his direction, in behalf of and as property of the people of this state. [Sec. 1, chap. 534, Laws of 1855.] §, 176. Whenever any goods, articles or other property shall be transported upon any of the canals of this state, packed up or inclosed in boxes, casks, kegs, barrels or bags, which are falsely marked as containing articles of a different description and of a character chargeable with a less rate of toll, and shall be thus cleared, such articles shall be forfeited to the people of this state and be seized and taken possession of by any collector of canal tolls, or officer acting under his direction, in behalf of and as the property of the people of this state ; but no such confiscation shall be made unless it is proved that the owner of said property knew of the fraud. [Sec. 2, chap. 634, Laws of 1855.] g 177. The property thus forfeited and seized, shall, as soon as may be after such seizure, be advertised for sale by the collector, and sold at public auction to the highest bidder, and the proceeds thereof accounted for and paid into the treasury. And it shall be the duty of the auditor, in case of seizures legally made under the provisions of this act, to pay one-third of the net pro- ceeds of such sale, after deducting expenses, to the person discovering or giving information of such fraud, and another third part thereof to the collector or other 44 STATUTE EEGULATIONS AND PENALTIES. officer making the seizure and imposing the penalty. [Sec. 3, chap. 634, Laws of 1855.] § 178. Any officer or employee of the state, upon or connected with any of the canals of this state, who shall be cognizant or have information of the commission of, or attempt to commit, by any person, any fraud upon the revenues of the canals, and shall not discover the same and enforce the penalties, if within his power, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both. The fine, in cases of the concealment of frauds of the character specified in the first section of this act, not to exceed three times the value of the property fraudulently cleared or omitted from the clearance, and the imprisonment not to exceed two years. \_Sec. 4, chap. 534, Laws of 1855.] § 179. The canal board or the commissioners of the canal fund shall not have power to remit penalties im- posed for any commission or attempt to commit a fraud upon the revenue, unless they are satisfied that such penalty was illegally imposed, and such remission be applied for, in writing and under oath, within sixty days after the imposition of such penalty. \_Sec. 5, chap. 534, Laws of 1855.] EATES OF TOLL— 1857. Established by the Canal Board, on Persons and Property transported ou the New -York State Canals, to take effect on the opening of navigation. [Toll is to be computed upon the weight ( " per 1,000 pounds per mile" ) of all articles contained in the following list, unless otherwise stated opposite to the arti- cles excepted.] A. eta. m. fr. Articles not enumerated, 4 Agricultural productions of the United States not particu- larly specified, 4 Anchors, 4 Apples, 10 Ashes, pot and pearl, 4 Ashes, leached, 5 B. Bacon,-- -- 15 Barilla, 4 Barley, 3 Barrels, empty, transported in boats, 10 Barrels, empty, transported in rafts, 5 Bars of iron, 4 Barytes, 5 Beans, 3 Bed plates for steam engines (cast iron), 3 Bedstead stuff (see Z/Mm6er, iVb. 3),- 2 Beef, salted, 3 Beer, 3 Bleaching powders, 4 Bloomiron, 2 Boat knees (see Lumber, No. 3), 2 Boats used chiefly for the transportation of passengers upon aZ^ Canada, per mile,.. 4 3 4 5 2 2 2 5 2 2 2 2 5 4 3 46 RATES OF TOLL. eta. m, tr. On the same, iftheyelect to commute for tolls upon pas- sengers^^^^/!7rrrr,.. ,. -.j-v 3 ^^hiejiy for the i.rancportation of property, per mile, 2 On the same, if they elect to commute for tolls upon pas- sengers, 2 Boiler iron, Bones for manure, _ Bones, other than for manure, Boxes, stuff for (see Lumber, No. 3), Bran, Brick, Broom corn, pressed, — Broom handles (see Lumber, No. 3), Brush backs (see Lumber, No. 3), Brush handles (see Lumber, No. 3), Buffalo skins, Bundles of iron, Butter, Carts, accompanied by the owner emigrating for the pur- pose of settlement, and necessary for his own individu- al use, Car axles, Car wheels (iron), Casks, empty, transported in boats, Casks, empty, transported in rafts, Castings, all iron castings except machines, and the parts thereof, Castings, broken, Cattle, live, Cedar posts (see Lumber, No. 2), per 1,000 feet per mile, Cedar, red (see Lumber, No. 2), per 1,000 feet per mile,. Cement, fire proof, Chain cables, Chair stuff (see Lumber, No. 3), _. Charcoal, , Cheese, Cider, Clams, Clay, Clover seed, Coal, mineral, . Coffee, Copperas, Copperore, 3 3 3 1 5 3 2 2 4 4 2 4 2 5 1 5 3 4 1 4 5 4 4 5 RATES OF TOLL. 47 y~, . , , - Cts. m. fr. Oopper, pig and smelted, 10 Com, 2 Corn meal, 2 Cotton, Ill 10 Crockery,.-. 4 D. Deerskins, _ 5 Domestic distilled spirits, going towards tide water, 3 Domestic distilled spirits, going from tide water, 4 Drain tile, 2 Domestic cottons, 4 Domestic woolens, 4 Dried fruit, 4 Drill barrows, 4 Dyewoods 4 E. Earth, 10 Esculent roots, '. 10 F. Fanning mills, 4 Fellies (see ZM»n6er, A^o. 3), 2 Fire proof cement, 2 Fish, in brine, 4 Fish, salted, 4 Flaxseed, -- 4 Flmt enameled ware, 4 Flour, 3 Flour starting and going from tide water, 1 Furniture, for stoves, not cast iron, 6 Furniture, accompanied by, and actually belonging to, families emigrating for the purpose of setllement, and necessary for their own use, 3 Furs, and the skins of animals producing furs, 10 G. Gaspipes 2 Glassware, 4 Grass seed, 4 Grease, - - 15 Gun stocks (see Lumber, No. 3), 2 Gypsum, the product of this state, 10 Gypsum, foreign, and the product of other states, 3 48 RATES OF TOLL. H. Cts. Hand spikes (see Lumber, iVo. 3), Harrows, Hay, pressed, Heading, undressed, transported in boats, Heading, dressed or partly dressed, -. Heading, transported in rafts, Hemp, going towards tide water, Hides, green, of domestic animals of the United States,. Hides, raw, imported, of domestic and other animals, — Hogs, live, Hoofs,. Hoop poles (see Lumber, No. 3), Hop poles (see Lumber, No. 3), Horns, Horses, Horses, used exclusively for towing boats and other floats, exempt from toll. Horse shoes, Hubs (see Lumber, No. 3), I. Ice, Iron in sheets, bars or bundles, Iron ore, Iron, bloom, scrap and pig, J. Junk, 3 K. Kelp, 4 L. Lard, Lard oil, , Lath (see Lum,ber, No. 1), per 1,000 pounds per mile, __ Lath {see Lumber, No. 3), Lead, pig, going towards tide water, Lead, bar, going towards tidewater, Leather, Lime, Limestone, Looking-glass backs (see Lumber, No. 3), m. fr. 2 4 1 1 1 5 5 1 3 5 2 2 2 2 2 3 4 2 1 4 5 2 I 5 T 5 1 5 2 5 5 4 1 1 2 KATES OF TOLL. 49 Lumber, No. 1. Transported in Boats iyweight, per \fiM pounds per mUt: Ot«. m. fr. White pine, white wood, bass wood, cedar boards, planks, scantling, staves and heading, dressed or partly dressed, and all siding, lath and other sawed stuff, less than one inch thick (except such as are enumerated in Z/Mm6er, iVo. 3), 18 Oak, hickory, beech, sycamore, black walnut and but- ternut, 13 Spruce, maple, ash, elm, fir, tamarack and yew 15 Cherry, .' 17 Hemlock, _ 6 Lumber, No. 2. Transported in Boats hy measurement, per 1,000 feet per mile : Boards, plank, scantling and sawed timber, reduced to inch measure, all kinds of red cedar, cedar posts, estimating that a cord, after deducting for openings, will contain 1,000 feet, 5 Hemlock, per 1,000 feet per mile, when not weighed, . 2 5 Lumber, No. 2, transported in rafts, per 1,000 feet per mile, 2 5 Lumber, No. 3. Transported in Boats by weight, per 1,000 pounds per mile : Sawed lath of less than ten feet in length, split lath, hoop poles, hand spikes, rowing oars, broom handles, spokes, hubs, treenails, fellies, boat knees, plane stocks, pickets for fences, stuff manufactured or partly manufactured for boxes, chairs and bedsteads, hop poles, brush handles, brush backs, looking-glass backs, gun stocks, plow beams and plow handles,.. 2 Sawed stuff for window blinds, not exceeding one- fourth of an inch in thickness, and window sashes and blinds,. 6 M. Mahogany (except veneering) reduced to inch measure, per 1,000 feet per mile, 1 Manganese, Manilla, Manure, Mechanic's tools (see Tools). Merchandise not enumerated, - Mineral water, Molasses, ^ Moose skins, Mowing machines, — - 5 4 4 1 4 4 4 5 4 50 RATES OF TOLL. N. Cts. m. ft. Nailrods, 4 Nails, 4 O. Oakum, 4 Oats, 2 Oil, 4 Oilcake, 2 Oil meal, 2 Onions, 10 Oysters, 4 P. Passengers, over ten years of age, per mile, 5 Peas, 1 3 Pickets for fences (see LzOTjfter, A'o. 3), 2 Pig copper, . 10 Pig iron, 2 Pitch,... 4 Plane stocks (see Lumber, No. 3), 2 Plow beams (see iwrnfier, iVo. 3), . 2 Plowcastings, 3 Plow handles (see Zr7/m6er, iVo. 3), 2 Plows, accompanied by the owner emigrating for the pur- pose of settlement, and necessary for his own individual use, 3 Plows, for agricultural purposes, 4 Pork, salted, _ 15 Potatoes, 10 Pressed straw, 10 R. Rags, 3 Railroad chairs, 15 Railroad iron, 15 Rails for fences, not exceeding fourteen feet in length, carried in boats, per M. per mile, 2 On the same, if carried in rafts, per M. per mile, 8 Reaping machines, _ 4 Roots, esculent, 10 Rosin, 4 Rowing oars (see ijtjwfier, iVo. 3), 2 Rye, 3 RATES OF TOLL. 51 S. 0(8. m. fr. Salt, foreign, 5 Salt, manufactured in this state, 10 Sand, 1 Sawed stuff (see Lumber, Nos.2aiid3), Sawdust, 5 Scrap iron, 2 Sheep, live, 2 Sheep skins, 4 Sheet iron, 4 Shingles, in boats, 15 Shingles, per M. per mile, in rafts, __ 4 Ship knees, 10 Ship knees, transported in rafts, 5 Ship stuffs, 2 Siding (see Lumber, No. 1), per 1,000 pounds per mile,. 15 Skins of animals producing furs, 1 Slate, ._ 10 Sleighs, accompanied by the owner emigrating for the purpose of settlement, and necessary for his own in- dividual use, 3 Soda ash, 4 Spikes,. _ 4 Split posts, not exceeding ten feet in length, carried in boats, per M. per mile, 2 On the same, if carried in rafts, per M. per mile, 8 Spokes (see Lumber, No. 3), 2 Staves, undressed, transported in boats, 10 Staves, dressed or partly dressed, 15 Staves, transported in rafts, 5 Steel, 4 Stone for the manufacture of lime, 5 Stone, wrought or partly wrought, 15 Stone, unwrought, 10 Stone ware, 4 Stove furniture, not cast iron, _. 6 Stove pipe, 6 Stoves, 030 Straw, pressed, 10 Sugar,.. 4 T. Tallow, 3 Tan bark, per cord per mile, carried in boats, 5 Tan bark, per cord per mile, carried in rafts, 2 Tan bark, ground, per 1,000 pounds per mile, 2 5 52 RATES OF TOLL. Gts. m. fr. Tar, 4 Thrashing machines, 4 Tile for roofing, 4 Timber, per 100 cubic feet per mile, transported in boats : Squared and round, 4 Squared and round, transported in rafts, 10 On the sarne, if cleared after the 1st of June and arriv- ing at tide water before the 15th August, inclusive, per 100 cubic feet per mile, 7 Sawed timber (see Lumber, No. 2), per 1,000 feet per mile, 4 Tin 4 Tobacco, going towards tide water, 10 Tobacco, going from tide water, 4 Tools, mechanic's, accompanied by the owner emigrating for the purpose of settlement, and necessary for his own individual use, 3 Treenails (see ZiMWifter, iVo. 3), 2 Turnips 1 Turpentine, 4 V. Veneering, 8 Vinegar, 3 W. Wagons, accompaniad by the owner emigrating for the purpose of settlement, and necessary for his own indi- vidual use, Ware, flint, enameled, Vater pipes,, Wheat Window blinds, and sawed stufi'for (see Lumber, No. 3), Window glass, Window sashes, Wood for fuel, percord per mile, Wood for fuel, in rafts, per cord per mile, 2 Wood used in the manufacture of salt, exempt from toll. Wool, 4 3 4 2 3 6 4 6 5 A LIST Of the principal places on the Canals, and their distances from each other, as adopted by the Canal Board. ERIE CANAL. Distance from Place to Place. HrLES. Albany, Port Schuyler, 5 Gibbonsville, 1 West Trot, 1 Junction, . Cohoes, 3 Lower Aqueduct, 3 Willow Spring, 6 Upper Aqueduct, 7 Schenectady, 4 Rotterdam, 9 Philip's Lock, 5 Amsterdam, • 3 Schoharie Creek, 5 Smithtown, 2 FULTONVILLE, 3 Big Nose, 7 Spraker's Basin, 2 Canaioharie, 3 Fort Plain, -. 3 Diefendorf's Landing, 3 St. Johnsville, 2 East Canada Creek, 4 Indian Castle (Nowandaga Creek), 2 Fink's Ferry, 3 Little Falls, 2 54 PLACES AND DISTANCES Milks. Rankin's Lock, No. 7, 3 Herkimer Lower Bridge, 4 Mohawk, 1 Fulmer's Creek 1 Morgan's Landing, 1 Steel's Creek, 1 Frankfort, 2 Ferguson's 6 Utica, 3 York Mills, 3 Whitesboro, 1 Oriskany, 3 Rome, 8 Wood Creek Aqueduct (Fort Bull), 2 Hawley's Basin, 2 Stony Creek, 1 New London, 2 Higgins', 4 Loomis', 2 Oneida Creek, 3 Canastota 5 New Boston, 4 Chittenango, 3 Pool's Brook, 3 Kirkville 2 Little Lake, 2 Manilas, 2 Limestone Feeder 1 Orville Feeder, 2 Lodi, 6 Syracuse, 1 Geddes, 2 Bellisle, ..'. 4 Nine Mile Creek, 1 Camillus, 1 Canton, 5 Peru, 2 Jordan, 4 Cold Spring, 1 Weedsport, 5 Centreport, 1 Port Byron, 2 Montezuma, 6 Lockpit, 6 Clyde, 5 ON THE CANALS. 55 Milks. Lock Berlin, . 5 Lyons, 4 Lockville, 6 Newark, , 1 Port Gibson, 3 Palmyra, 5 Macedonville, 4 Wayneport, 3 Perrinton, 2 Perrinton Centre, . 2 Fairport, 1 Fullam's Basin, 1 Busbinell's Basin, _. 3 Pittsford, 3 Billinghast's Basin, 4 Lock No. 3, 2 Rochester, 4 Brockw ay's, 10 Spencer's Basin, 2 Adams' Basin, 3 Cooley's Basin, 3 Brockport, 2 Holley, 5 Hulburton,. - 4 Albion, 6 Gaines' Basin, 2 Eagle Harbor, 1 Long Bridge, 2 Knowlesvilie, 2 Road Culvert, . 1 Medina, 3 Shelby Basin, 3 Middleport, - 3 Reynolds' Basin, 3 Gasport, 2 LOCKPORT, 7 Pendleton, _. . 7 Welch's, 2 H. Brockway's, _ 4 Tonawanda, _ — - - 6 Lower Black Rock, _, 8 Black Rock, -- 1 Buffalo, 3 56 PLACES AND DISTANCES feq &< t-cooo>ocscoTrcc> CO COi— IG'I I— (CNCMf— IrHi— It— (COt— I criCOO^cOcoaiOOO"rt<-^.-Ht--"^-^t~Cn)'OOlr--cOC3 ■^cooqoo»ocoi:^C<»'^u::icot-vo':oQO'^coooi— (C-lTf CO O0Qi0O00Ot^'— IOO"^CO tM o lo c^ -trt^ -^ lo 1— I (M 'y::* '^ c Tt<-<:t^005'y3t-C<|ClT:t^coC<)f-l<©l>-Oi»OTjHOO'MCO-=^ (M 1—1 1—1 rH 1—1 I— I CI CiiOCiG0CCrH.i>-^u3coco':o»ncorO'^ir:)t---<^ O LO 00 t— lO iTj Cq CO lO CN to i— l C i— l (M r— I rH I— I .— I I— 1 1—1 cOi— iCO-^cOt— ClOOOGOC^OiO'DOC-TiOCOOOOtOi— lO 1— it^cOC-l OCiOir-iOOCO OC-li— l(Ni— (Tt^OtM OiiOCiGOC-li— IG0':0-rt^'!*^C5(— i-Tt^Oi— (Cii:N00i-HiO! (M C^l C-1 Cq lcoor--'^coiooi':oo:iCcib-io'^0'^coo r-i 1—1 ^ ^ p-i ^ r-l ,— I rH Cq r-1 .— 1 ^h (M rH rH CM oc■^-rt-r-c^c■^-t-■X'X>XlXrHrH(^laaOT-HOoascoc<^LOGOl•^ocl^-loooocc':o QOCOO'M-^'T—ircO-^O-f'OOiMcOCit--^'— iOC0Cft-00b-i-H<:ocou:) ':O"^i:^t>.c.':3C'i(Ma0i— i^jDrH-^ ooi— iioostjhoo T-l 1-i 1—t t-H rH r-H t— I rH i-H i—i CC O O O rH lO t— I Ci cc CI ao 00 ■^rHOt— ICiC0(MiOX)C0O00t-i0jOt-OOCOt^CO^ClCOiOO»nOCOOOOmi~-t- C^ CI rH 1-H CI CI t-H Ca CI CI t-H rH CI rH rH rH d rH CI t-H br-.rHClOC'lt— lc0r^h--l^«3OC0-r:t*0iC0i0O-^00c0OC000rHC000Or-H>J^t— ICO ■-TH OOCDOh~'r+i|>..OOs^Ol^OOOi'-H-00 lOOOOOiOrHiraOCICJ C^COCJ CI rHdCOrH 1— ICO rHC^CI 1— I i-HCOrH 1— IdClClCOCl l^.^r^_HC10C1'-HCOr-.t^r--COCDCOOClOOO"rt^COcOOt--XirHCOOOO'--liOrHCO Qnt--oc«ioooir-o»joo--iOOOC5r- d'^t'aacoGiOiOoai ursrHooo'^DCio-Hco ^COCq^Cl rHCOCOrH rHCO t-lClCT ^ rHCOrH f-HC^ClCICO cq c5 CI CO d 58 PLACES AND DISTANCES •oiBgng rt (Mm r-nco>noOr-ig^ rH Cl^(N0Tjflt-(MioO0aC0OO05Ot^>0C0tr-t-Tt<00O>0i0-*'^CI> lO CO 00 r-H M r-l CD C5 03 Ttl OO O <0 rH r-lOq IM CO •Btnnza^uoj\[ 1— li— IrH 1— *rt^C0Oi-^OiO'rJHC0r-iC:>|>-rHO-^O0s0:»00O'0 T— I .— 1 I— 1 1— C r— 1 I-H •euioa; lO-Tt^COC-luOOOit-OOOOl-iOt-OOt-CDODO^OOTt^tOi-H •Bown rH OrHrHIMC^ ^ rHCNrHrH •siiTsj smn C] (NrHrHINC-lrH r^ ,-H O^i ^ ^ •9lI!Anojin^ CO 1-; c . c -1 1 1^ 1 1 •1 1 IK i c c a. c c 5 c c 1 c a ^2 c a c t 1 ^ nz 'a c c c a a ., a 1 > 1 p. 1 1 c a c 1 ON THE CANALS. 59 Q»0(»0i0iu?5WiO.00CNb-^Oi--i-H COi— (IMCOi-Ht-HIM (NCOCOCO CO C^G<((>lCCi0i"^»-H»O'X>(N-^00tMi-HC^OC00i!>.0DOr^CM00 r- iO< r— 1 r-n ' — ' ■-•J 1—1 CO C-D CI CI COCOrH"Tt*asOCOiO-^t^CiUOOOCil--OOOi— 'OOCl b-lO»Or-(COrHCJ ^C^b-QOO OOO'^r— IC0CX)TfC000OOi— (dOOiOOOO d f-HCO I— Id f-loooo:i0iw:>cooooiooiio-^ci-^0oticcw:)i— "^cooooo'^t-oociOi--ioOt-i~i e£>Tji"^OiCDOrHCI p-Dt— Ob-iOr-liOdcoOC^l--.Ci'DT:tu00co0s000it— O fM _rM _ir,T r-*C10qCl CI CIC^C^rHrH C^i— I i— I dCQrHi-lT— I I— I Coi,':)codco ciot— loi— lO':ol^Tt1as»oco^-^-<:Ob- c^ rHd 1-1 rHdCld CI di-lC^T— li-l C— I CIrH dC^i— t-— "— ' rH 1— I I— I rH 1— I C^ I— I i-l d CS r-l rH .— I QOC^-^COdrHdCitiCiOO-^OOOCTJt^Cll-— tOi-OCJ-^0:>iOdOii-MdC^>— '.— 'Oi— ICil— I rH d I— i rHi— I-— li— I t— I i— li— li— I i—ir-Hi— I i— ld— I"— t^(r^O»J^01'^'-HOT— liOr- (OijOi— i-^db-"^00 dOOi— ICO'tCdOOiO-^Ci-'^COTti,— l-Tj^rHrHOt^OiTjH 00^Ob-C1t^<:0>0U0"^i0 I-H I-H rHi— I t— li— li—ti— IrHi— li— I l— InH i— Ij— li-H I— i"^i— lOO■^■^Oi^-Tt'0'^oo■:co^HOG■JOoooo^-c^^»r^Cll— iir--cccDi— >OdCOi-HTt*b-CO CO"Tt^T*OC-100i— (t— lOOf— It— 00»JOOiOt-'*»— ICOC^O-^OO COCOCOOOi I— < ^^rH Cldi— I di— I Ol i-HdrH ^ r-l p-l.g o d *-• J^ 4J ■*J o t^ t- o o o •oeQ 13 ^ .M n c3 laj w S -S T. to .s.g CO CO LJ w ^ ^ ^ "^ I— I M . _. Ofc.t.^Sc>2 2 2 t»>-S S S M o . 3 a-42___ . __. .... 5 20 0tot£ of Wm-ffiork, Canal Department. } I Hereby Certify that the foregoing printed regulations of the Canal Board and Rates of Toll have been compared by me with the originals entered in the minutes of the Canal Board, and that the same are true copies thereof and of the whole of such originals. In Witness "Whereof, I have hereunto set my hand and seal of office, this 20th day of April, 1854. Auditor. INDEX. A. Paok. Additional toll, where clearance is left, 8 Affidavit of agent's clerk and lallyman, 4 Agent of line to sign bill of lading, 3 Agent's clerk, when to sign bill of lading, 4 Albany little basin, 19 Articles obstructing canal may be sold, 41 Assistant weigh-master, 28 Auditor to prosecute for perjury, 7 to direct rigid inspection of suspected boats, 7 may permit boats to commute, 13 to prescribe form for commutation, 13 may change ofBce for statement of passengers, 14 to furnish blanks, 24 may remove collectors, weigh-masters and inspectors, 26 to keep register of boats, 34 to send copy of register to collectors, 34 Authority of collectors and superintendents to sue for penalties, 21 weigh-masters and lock-tenders to sue for penalties, '22 B. Bank of canal to be kept clear, 1° Banks, canal officers not to be agents of, 24 not to advance to superintendents, 28 Berths to be assigned to boats, 19, 39 Bill of lading, how signed, 3 contents of, ^^ to whom exhibited, ''^ false, 'f'l how verified, , '^'^ Bills of salt, ^^ Black River canal, distances on, ^5 70 INDEX. Paqi. Blanks to be furnished by department, ' 24 Boat, when it may be cleared, 3 entering canal from the Hudson river, •> drawing more than 3^ feet of water, 4 to be weighed twice, 5 destined to New- York, 6 passing between offices, 7 stopped short of place cleared to, 8 to be loaded so as to be conveniently inspected, 8 to be inspected at Schenectady, 9 light weight of new, 9 to be cleared of wood and water before weighing light, 10 may commute for passengers, 12 not commuting, to make statements, 12 when to pay toll on passengers at each office, 14 to carry lights at night, 15 delay of in passing lock, 15 to snub when in lock, 17 overtaken to turn out, 18 meeting in vicinity of raft, 18 how moored, 18 named changed, 20, 34 laden with staves, 19 going to and from Chemung and Crooked Lake canal, 20 may pay toll in Havana to Corning and Elmira, 20 who deemed owner of, 34 name of, to be conspicuous, 34 each to have separate clearance, 36 speed of, 40 meeting, 40 preference of, 40 preference passing locks, 40 must have knife on bow, 41 sunken, &c., to be sold, 41 liable for penalties, 42 may be detained and sold for penalties, 42 Boatmen not to take rails, &o., 42 Breach in canal, 15 c. Canal commissioner, duty of, at breach, 16 Canal department to furnish blanks, 24 INDEX. 71 Fasx. Oanal officers to make entry of oftences, 20 not to be agents of banks, 24 not to be interested in contracts, ; 27 Cargo to be certified on clearance, 6 to be convenient for inspection, 8 Cayuga and Seneca canal, distances on, 61 Certificate of registry, 33 Champlain canal, distances on, 60 Change of name of boat, 20 Chemung canal, distances on, 62 Chemung and Crooked Lake canals, 20 Chemung River dam, 5 Chenango canal, distances on, 63 Clearance, where to be exhibited, 5 lost, 5 where left when boat stops short of place cleared to, 8 to be exhibited to first lock-tender, 17 not granted unless boat is registered, 34 separate for each boat, 36 to be delivered to collector before unloading, 36 copy of, to be given, 36 copy of, effect of, 37 copy of, fees for, 37 Clerks of coUectors, 22, 23, 25, 40 Collector may examine forwarders and their books, 11 duty of, on receipt of consent and agreement to commute, 13 duty of, on receipt of statement of passengers, 14, 38 duty of, at breach, 16 duty of, in regard to certificate of registry, 33 duty of, in relation to inspectors, 23 authority to sue for penalties, 21 clerks of, 22, 23, 25, 40 to attend to office personally, 23 to reside where office is located, 23 not to furnish blanks, 24 ex-offlcio inspector, 24 to deposit daUy, 24 at New- York, Albany and West Troy to clear on Oswego canal, 25 at Higgins to clear on Erie, 0. L., 0. R. I. and Oswego canals, 26 by whom appointed and removed, 26 may weigh articles, 37 may detain articles for expenses, 37 Collector's office to be in a separate room, 24 furniture for, 23 / i ■2 INDEX. Pica Commutation for toll on passengers, 13) "^^ Consent and agreement to be acknowledged by collector, 13 Consignor to sign bill of lading, 3 Copy of clearance, 3G Crooked Lake canal, distances on, 62 D. DansYJlle side cut, distances on, 63 Deduction for water not to be made, 10 Deposits by collectors daily, 24 Distances on Black River canal, 65 Cayuga and Seneca canal, 61 Champlain canal, 60 Chemung canal, 62 Chenango canal, 63 Crooked Lake canal, •. .'; 62 on Dansville side cut, 65 ' Erie canal, .' :... 56,57,58, 59 Genesee Valley canal, : 64 Glens Falls feeder, 60 Oneida Lake canal, 66 Oneida River improvement, 60 Oswego canal, '. 61 Seneca River towing path, 61 E. Election to commute, when made, 13 Engineer, duty of, at broach, 16 Erie canal, distances on, 56, 57, 58, 59 F. False bill of lading, 36 Fees for copies of clearances, 37 Filth not to be thrown into canal, 16 Floats between offices, 7 to carry lights at night, , 15 overtaken to turn out, 18 meeting in vicinity of raft, 18 Foreman, duty of at breach, . 16 Forwarders and their books may be examined, 11 refusing examination, 12 Fraud in light weight, 10 Frauds, report of, 7 Furniture for collector's ofBce, 23 INDEX. 73 a. Pagk, Genesee Valley canal, distances on, 64 Glens Falls feeder, distances on, 60 I. Injuries to looks, ^ 18 Inspection at Schenectady, 9 Inspectors, to be subject to collector, 22 authority to administer oaths, 28 K. Knife on bow of boat, 41 L. Light weight of new boat, !.»... 9 fraud in, 10 Little basin, Albany, 19 Lock gates not to be opened, 17 Lock-tender, duty of, at breach, .■ 16 authority to sue for penalties, 21 not to keep inn, &c., 28 Locks, injuries to, 18 Lumber, regulations relating to, 29 M. Master of boat to sign bill of lading, 3 may be sworn, 9 refusing to be sworn, 9 to sign certificate of registry when owner resides out of state, 34 to pay collector expenses of weighing, 37 Mooring floats, 18 N. Name of boat changed, 20, 34 to be conspicuous, 34 New- York boats, 6 No deduction for water, 10 74 INDEX. 0. Pack. Oath of assistant weigh-masters, 28 collector's clerks, 25 omission to weigh light, 10 Oneida Lake canal, distances on, 66 Oneida River improvement, distances on, 66 Opening lock gates, ..:.... 17 Oswego canal, distances on, r. 61 P. Passengers, statements of, 13, 37, 38 Payment of collectors' clerks, 22 inspectors, 23 Penalties, boat liable for, 42 J'enalty for drawing too much water, 4 ' -^"It'neglect to pay tolls between offices, ' 7 ■ master refusing to be sworn, ^._ 9 omission to weigh light, .' 10 fraud in light weight, ,. 10 refusing to obey order of weigh-master to unload, 10 refusing to be weighed, 11 neglecting to carry lights at night, 15 stopping near lock, 15 delay in lock, : 15 bow of wrong shape, 15 filth thrown into canal, 16 neglecting order of ofiicer at breach, 16 rafts or tows of timber, certain violations, 16 improper rudder, 17 opening paddle gates, 17 not snubbing in lock, 17 trotting on tow path bridge, 17 passing horses over side walls, 17 not turning out for faster floats, 18 meeting by side of raft, 18 injury to lock, IfS placing things on bank or ice, 18 drawing things from or into canal, 19 not weighing staves at Rochester, 19 for running after dark on Chemung and Crooked Lake canals, 20 vif)lating lumber regulations, 32 false bill of lading, 36 not delivering clearance, 36 INDEX. 76 Paos. Penalty for not making statement of passengers, 38 not reporting passengers, _ . . 39 disregarding decision of lock-tender, 40 neglecting regulations for boats meeting, 40 metal-pointed setting pole, 41 not having knife on bow, 41 obstructing navigation, 41 taking rails, &c., 42 Perjury, auditor to prosecute for, 7 Preference of boats, 40 passing locks,. ; . . , 40 R. Raft or tow to have clearance, '. 7 Raft or tow of timber, regulations, .,." 15 Rates of toll, 45 Reftisal of forwarders to be examined, 12 Register of boats to be kept by auditor, ... 34 how changed, 34 copy of, to be sent to collectors, 34 Register of light weightsi 29 Registry, certificate of, 33 Regulations relative to lumber, 29 Report of frauds, 7 Rudder, how constructed, 17 s. Sale of articles obstructing canal, 41 Salt, bills of, 12 Semi-circular bow, 15 Seneca River towing path, distances on, 61 Speed of boats, 40 ^ate fair, articles going to, free from toll, 21 Statements of passengers, 13, 38, 39 to be made on canal where boat runs, 14 Staves arriving at Rochester, 19 Sunken boats, &c., to be sold, 41 Superintendent, duty of, at breach, 16 authority to sue for penalties, 21 to pay when he takes receipt 26 to attend to duties of oflBce, 26 to settle every two months, 26 to keep account in bank, 27 not to furnish teams, &c., 27 76 INDEX. Page. Superintendent not to be interested in contracts, »?.- 27 not to board hands, 27 not to sell to lock-tenders, &c., ■■ ■ 28 to assist boats, - .->.". 28 not to keep an account in bank that will advance beyond, &c., 28 T. Timber regulations, 15 Toll, when refunded on addition by weigh-lock, 11 on passengers, when paid at each office, 14, 39 on passengers, commutation for, : 13, 39 paid at Havana to Coming and Elmira, ii 20 rates of, 45 Tonnage of articles to be ascertained, 37 Towing path to be kept clear, 17 Tow or raft to have clearance, 7 Tow or raft of timber, regulations, 15 w. Weekly abstract of weigh-master, 29 Weighing articles, 37 Weigh-master not to make deduction for water, 1 . 10 may order boats to weigh hght, '. ,4»if: -11 may order boats to be unloaded for weighing, ,.,.... .'fl 11 authority to sue for penalties, 21 by whom appointed and removed, j. . , 26 to sign his own name, .' :.."..'.' 28 to act as inspector, 29 to register light weights, i%*- - - 29 authorized to administer oaths, 29, 43 Weigh-master's assistant, 28 ^\