ar mm DENNIS a CO. INC. NEW LAW BOOKS USED 269 MAIN STREET BUFFALO. N. Y. UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY MANUAL OF CANAL LAWS RELATING TO THB NEW YORK STATE CANALS; WITH REFERENCES TO THB DECISION OF THE COURTS, THE CANAL BOARD AND THE CANAL APPRAISERS, AND A CHRONOLOGICAL LIST OF ALL THE STATUTES OF THIS STATE, OF A PUBLIC NATURE, RELATING TO THE CANALS, FROM 1791 TO AUGUST. 1873. TOGETHER WITH THE CANAL REGULATIONS, RULES, FORMS, RATES OF TOLL, NAMES OF PLACES, TABLE OF DISTANCES, ETC., ETC., NOW IN FORCE, AS ESTABLISHED BY THE CANAL BOARD. COMPILED BY GEORGE W. CHAPMAN, IM COUNSELOR AT LAW. ALBANY: WEED, PARSONS AND COMPANY, PRINTERS. 1873. C4003m ma TABLE OF CONTENTS. i. SECTION. PAGE. Analysis of Extracts from Constitution 7 II. Analysis of Revised Statutes and laws in force 9 III. Chronological List of Statutes from 1791 to 1873 13 IT. Extracts from Constitution of 1846 55 V. CANAL LAWS of the State of New York, compiled and arranged on the plan of the Revised Statutes, as follows (V to IX, inclusive) 67 YI. R. S., PART 1. CHAPTER V. OP PUBLIC OFFICERS, etc.. 1-40 67 TITLE 1. Of the number, classification, etc 1 67 TITLE 3. Of Executive officers < . . 2, 3 68 TITLE 5. Of Administrative officers 4-11 68 TITLE 6. General provisions applicable to officers. 12-40 70 Til. CHAPTER IX. OF THE FUNDS, REVENUES, EXPENDI- TURES AND PROPERTY OF THE STATE. AND THE ADMINISTRATION THEREOF, 41-170 78 TITLE 2. Of the canal fund, and the administration thereof 41-50 81 Of Loans 51-92 84 Costs and legal proceedings 93-104 98 Charges on the canal fund 105-108 101 OF THE CANAL DEPARTMENT 109 102 OF THE AUDITOR 110-155 103 Payment of interest 156-158 112 Accounts, printing, etc 159-163 113 Tax for deficiencies 164-169 115 The repair contract system abolished.. . . 170 117 756519 TABLE OF CONTENTS. Tin. B. S., PART 1 , CHAP. IX Of the Funds, Revenues, etc. Continued,. SECTION. PAGE. TITLE. 5. Of the public lands, and disposition thereof, 184-204 119 ART. 1. Of the commissioners of the land office, 184-191 119 ART. 6. Of lands belonging to canal fund 193-198 121 On the sale of abandoned lands 199-204 123 IX. TITLE 9. OF THE CANALS 210-844 126 ART. 1. Designation and description of 210-218 128 Enlargement and improvement acts. . 219-236 131 ART. 2. Of the Canal Commissioners, and their general powers and duties 250-282 144 Of claims and appeals 283-290 154 Contracts 291-314 156 Engineers 315-317 166 Accounts and reports 318-324 166 Superintendents, estimates, tools, etc., 325-343 168 Albany basin 344-360 175 Onondaga Salt Springs 361-363 180 Fish ways 364 182 Erie canal 365-366 182 Cayuga inlet 367-368 183 Cayuga and Seneca canal 369-374 184 Baldwinsville dam, etc 375-380 187 Oswego canal 381 189 Crooked Lake canal 382 189 Chemung canal 383-394 189 Chenango canal 395-404 193 Black River canal and Erie canal, feeder, reservoirs, etc 405-413 197 Genesee Valley canal 414-415 200 Oneida Lake canal, improvement, etc., 416-418 201 ART. 3. OF THE APPRAISEMENT OF DAMAGES, 420-458 204 General Act, Rules, etc 459-461 212 Appeals, new trials, etc 462-476 214 ART. 4. Of the Canal Board, their powers and duties 485-486 220 Appointments and removals 487-497 221 Tolls 498-512 224 Rules and Regulations 513-534 227 Enlargement, new work and extraordi- nary repairs 535-543 233 Proceedings appeals, etc 544-555 236 Appropriation and sale of lands 556-562 238 ART. 5. Of water privileges, and the sale of sur- plus waters 580-613 241 ART. 6. Of the superintendents of repairs and the collectors of tolls 620 254 Superintendents, etc 621-647 254 Collectors of tolls . . 650-664 261 TABLE OF CONTENTS. 5 R. S., PART 1, CHAP. IX Of the Funds, Revenues, etc. Continued. SECTION. PAGE. ART. 7. Regulations and penalties concerning the navigation of the canals and col- lection of tolls 670-680 267 Registry of boats 670-680 267 Bills of lading, tolls, etc 681-710 269 Boats, navigation, etc 711-726 275 Abandoned or stolen property 727-735 277 Frauds on revenues 736-741 279 Registry of liens 742-754 280 A.RT. 8. Regulations and Penalties concerning the protection and maintenance of the canals 760-788 285 Of bridges 760-783 285 Of wharves, basins, etc 784-785 291 Of injuries to structures 786-789 291 ART. 9. Miscellaneous provisions of a general nature 800-816 293 Steam towage on the canals 817-836 297 Commission appointed to test the use of any motor other than animal power, and to award prizes 837-844 302 ART. 10. Of the State Engineer and Surveyer, the Division, Resident and Assistant Engineers, and their duties 850-882 307 X. Regulations of the Engineer Department 317 XI. Rules and Orders of the Canal Board 329 XII. Regulations on all the navigable canals of this state, established by the Canal Board , 333 1st. Relative to the weighing and inspecting of boats and their cargoes 333 2d. Relative to tolls upon passengers, and commutation therefor, 343 3d. Relative to the navigation of the canals 344 4th. Authority of canal officers to sue for penalties 853 5th. Miscellaneous regulations 354 XIII. Resolutions adopted by the Canal Board in relation to the powers and duties of certain canal officers 359 1st. Collectors and inspectors 359 2d. Appointment and removal of collectors and weighmasters . . . 362 3d. In relation to superintendents and their employees 362 4th. In relation to weighmasters 365 6 TABLE OF CONTENTS. XIV. PAGE. Special regulations relative to lumber 366 XV. Form of bills of lading, clearances, blanks, etc 369 XVI. Rates of toll for 1852 373 XVII. Rates of toll for 1852, 1859, 1868, 1869 and 1870, comparative table 377 Rates of toll for 1871 and 1872 383 XVIII. Rates of toll for 1873 383 XIX. Statement of annual tonnage and receipts from tolls from 1852 to 1872 386 Statistics relating to the canals of this state 387 XX. Table of places and distances on the canals, adopted by the Canal Board. . . . 392 XXI. Certificate of Auditor 401 XXII. Index to Laws and Regulations 403 ANALYSIS EXTRACTS FROM CONSTITUTION. ARTICLE T. PAGE. SECTION 1. State officers, how elected, and terms of office 55 SEC. 2. State Engineer and Surveyor, how chosen, and term of office 55 SEC. 3. Canal Commissioners, how chosen, and terms of office 55 * * * SEC. 5. Commissioners of the Land Office Commissioners of the Canal Fund Canal Board 56 SEC. 6. Powers and duties of Boards, etc .... 56 SEC. 7. Treasurer may be suspended by Governor 56 SEC. 8. Certain offices abolished . . 56 AETICLE VII. SECTION 1. Canal Debt Sinking Fund June 1, 1846, $1,300,000 June 1, 1855, $1,700,000 57 SEC. 2. General Fund Debt Sinking Fund, $350,000; after certain period, $1,500,000 ' 57 SEC. 3. $200,000 of the surplus canal revenues annually appropriated to General Fund, and the remainder to specific public works Certain deficiencies in the revenues not exceeding $250,000, annually to be supplied from the reve- nues of the canals 58 SEC. 4. Loans to incorporated companies not to be released or compromised. ... 60 SEC. 5. Legislature shall, by equitable taxes, ihcrease the revenues of the Sink- ing Fund in certain cases 60 SEC. 6. Canals of the state not to be leased or sold 61 SEC. 7. Salt springs 61 SEC. 8. Appropriation bills 61 SEC. 9. State credit not to be loaned 61 SEC. 10. Power to contract debts limited 61 SEC. 11. Debts to repel invasion, etc., may be contracted 62 SEC. 12. Limitation of the legislative power in the creation of debts 62 SEC. 13. Manner of passing bills imposing a tax 63 SEC. 14. Same subject 64 8 ANALYSIS OF EXTRACTS FKOM CONSTITUTION. ARTICLE X. PAGE. # * * SECTION 2. Officers, how chosen or appointed , 63 SEC. 3. Duration of office 63 * # * SEC. 5. -Vacancies in office, how filled 64 SEC. 6. Political year 64 SEC. 7. Kemoval from office 64 SEC. 8. When office deemed vacant 64 ABTICLE XII. SECTION 1. Oath of office prescribed 64 ANALYSIS OF THE SEVERAL ACTS, CHAPTERS, TITLES AND ARTICLES CONTAINED IN THIS MANUAL OF CANAL LAWS, COMPILED FROM THE CONSTI- TUTION OF 1846, THE REVISED STATUTES OF 1827, AND SUBSEQUENT STATUTES OF THIS STATE UP TO AND INCLUDING THE YEAR 1873, WHICH RELATE TO THE CANALS OF THE STATE OF NEW YORK, ARRANGED UPON THE PLAN OF THE REVISED STATUTES. THE REVISED STATUTES Consist of four parts, which are denominated Acts. PART I. Of the Eevised Statutes, is entitled " An Act concerning the Territorial limits and Divisions, the Civil polity and the Internal Administration of this State," and consists of twenty chapters, which are sub-divided into Titles, Articles and Sections. The Chapters, Titles and Articles relating to canals are as follows : CHAPTER V. PAGE. Of the public officers of this state, other than Militia and Town officers, their election or appointment, their qualifications and the tenure of their offices, containing six Titles 67 TITLE I. Of the number, location and classification of the public officers of this state. . 67 10 ANALYSIS. TITLE ILL PAGE. Of executive officers 68 * * * TITLE V. Of administrative officers - 68 TITLE VX General provisions applicable to all the civil officers of this state, or to certain classes of them 70 ART. 1. General provisions respecting the appointment of officers, their qualifications, the commencement and duration of their offices . . 70 * * * ART. 3. Of the oath of office and the official bond 72 ART. 4. Of resignations, vacancies and removals, and the means of supply- ing them 74 ART. 5. Proceedings to compel the delivery of books and papers, by public officers, to their successors 78 CHAPTER IX. Of the funds, revenues, expenditure and property of the state, and the adminis- tration thereof 78 * * * TITLE II. Of the canal fund, and the administration thereof 78 * * * TITLE V. Of the public lands, and the superintendence thereof 119 ART. 1. Of the general powers and duties of the commissioners of the land office 119 * * * ART. 6. Of the duties of the commissioners of the land office in regard to lands belonging to the canal fund 121 TITLE IX. Of the canals ' 126 ART. 1. Designation and description of the canals 127 ART. 2. Of the canal commissioners, and their general powers and duties. . 138 ART. 3. Of the appraisement of damages 202 ART. 4. Of the Canal Board, their powers and duties 218 ART. 5. Of water privileges and the sale of surplus waters 240 ANALYSIS. 11 TITLE IX Of the canals Continued. PAGE. ART. 6. Of the superintendents of repairs and the collectors of tolls 253 AKT. 7. Regulations and penalties concerning the navigation of .the canals and the collection of tolls 264 ART. 8. Regulations and penalties concerning the protection and mainte- nance of the canals 284 ART. 9. Miscellaneous provisions of a general nature 291 [ART. 10.] Of the state engineer and surveyor, division, resident and assist- ant engineers, and their general powers and duties 306 CHRONOLOGICAL LIST OF STATUTES OF THE STATE OF NEW YOBK, RELATING TO ITS CANALS, From 1791 to August, 1873. THIS List is intended to be a full index to all the Statutes of a public nature which have been enacted in relation to the canals of this State, and of Concurrent Resolutions of the Legislature relating thereto. It omits some general appropriation acts, which contain small items for canal expenses, and also all private claim bills for the relief of claimants and contractors (except a few of local interest or general importance, and those relating to the use and appropriation of waters for canal purposes). The references are to the pages of the Statutes : 1 V 9 1 . STATUTES. PAGE. Mohawk and Hudson rivers and Wood creek, survey of and estimates for canals 2 Greenl., 375 1792. Western and Northern Inland Navigation Companies, incorporated 2 Web., 304 Act amendatory thereof 2 Web., 320 1793. Lock Navigation Companies, act of 1792 amended 2 Web., 324 14: CHRONOLOGICAL LIST OF 1795. STATUTES. PAGE. Lock Navigation Companies, improvements by 2 Web., 32f 1796. Western Inland Lock Navigation Company, loaning money to 2 Web., 327 . 1797. Western Inland Lock Navigation Company, loaning money to 2 Web., 328 1798. Western Inland Lock Navigation Company, time ex- tended 2 Web., 334 Niagara Canal Company, incorporated 2 Web., 328 1802. Western Inland Navigation Company, relative to .... 3 Web., 142 1806. Western Inland Lock Navigation Company, time of, extended 4 Web., 410 Hudson River Canal and Channel Company (above Glens Falls), incorporated 4 Web., 525 1808. Survey for canal route between the Hudson river and Lake Erie, resolution authorizing C. L., 1825, 9 Lake navigation, St. Lawrence river, establishing Stat., 128 Western Inland Lock Navigation Company, surrender of grant west of Oneida lake by the Stat., 330 1809. Dam across Seneca river at McHarry's rift, authorizing Jonas C. Baldwin to erect Stat., 36 1810. Canal route between Hudson river and Lake Erie, appropriation for exploring 6 Web., 84 1811. Lock navigation, St. Lawrence river, amenaatory Stat., 38 Internal navigation of the State, for the improvement of the Stat., 334 1812. Internal navigation of the State, amendatory Stat., 461 STATUTES OF NEW YORK RELATING TO CANALS. 15 1813. STATUTES. PAGE. Seneca Lock Navigation Company, incorporated Stat, 232 Internal navigation of the State, amendatory Stat., vol. I, 247 1814. Seneca Lock Navigation Company, amendatory Stat., 146 Internal navigation of the State, amendatory do 256 1815. Seneca and Susquehanna Navigation Company, incor- porated Stat, 122 1816. Commissioners appointed to improve the internal navi- gation of the State, etc., powers and duties of; acts of 1811 and 1812 repealed Stat, 295 1817. Seneca Lock Navigation Company, amendatory Stat, 83 Commissioners appointed to make navigable communi- cation between Lakes Erie and Champlain and the Atlantic ocean ; canal fund constituted ; appraisers appointed, etc., powers and duties of Stat, 301 1818. Chittenango Canal Company, incorporated Stat, 1? Buffalo harbor, relative to do 116 Canal funds and debt, to improve, etc do 303 1819. Buffalo creek harbor, relative to Stat, 121 Great Western and Northern canals, act concerning ... do 123 Grant of lands from the Holland Land Company, terms of, etc do 301 1820. Navigable communication between the Great "Western and northern lakes and the Atlantic ocean, amend- atory Stat, 99 Navigation of Oswego river, appropriation for do 101 Salary of canal commissioners, relative to do 114 ( 171 Erie and Champlain canals, acts concerning do < 183 (225 1821. Erie and Champlain canals, act concerning Stat, 25 Black river, a public highway, relative to do 97 State reservation, Oswego Falls, lease of, etc do 103 16 CHRONOLOGICAL LIST OF STATUTES. PAGB. Ontario Canal Company, incorporated Stat., 208 Cayuga inlet, a public highway do 228 Duties on salt, canal commissioners to collect do 236 Canal commissioners to act as appraisers ; vacancies in j 248 office, etc., relative to do | 252 , 1822. Onondaga lake, to be lowered Stat., 36 Deficiency of interest, how to be supplied do 122 Glens Falls feeder, relative to do 306 Boats on Erie and Champlain canals, rate of move- ment of do 320 Materials for canals and Salina side-cut, relative to .... do 321 1823. Canal stock, school moneys may be invested in Stat., 47 Erie and Champlain canals, to borrow money for do 116 Harbors at Buffalo and Black Kock, amendatory do 118 Albany basin, for the construction of do 128 Hydraulic privileges, relief of owners of do 132 Deficiency in interest, to supply do 167 Oswego river, for the survey of do 254 Erie canal near Eome, for the alteration of do 269 Salina side-cut, for the extension of do 303 Commissioners of canal fund, temporary advances to, do 427 1824. Draining Cayuga marshes and improvement of Seneca outlet, relative to Stat., 180 Canal route from the river St. Lawrence to Lake Cham- plain, for the survey of do 275 Grant by Holland Company, and Grand Island, to be examined and sold do 304 Land belonging to canal fund, for the examination of, etc do 305 Erie and Champlain canals, for the completion of do 315 1825. Laws and other official documents relating to the Erie and Champlain canals, to be reprinted Stat., 8 Draining Cayuga marshes, commissioners appointed for, do 312 Grand Island, amendatory do 330 Delaware and Susquehanna Navigation Company, in- corporated do 339 Cohoes bridge, relative to do 349 Canal routes, for survey of certain do 356 STATUTES OF NEW YORK RELATING TO CANALS. 17 STATUTES. PACK. Cayuga and Seneca canal, for construction of Stat., 391 Cayuga and Seneca canal, appraisers appointed do 392 Erie canal with Lake Ontario, for the construction of. . do 395 Erie and Champlain canal, Albany basin, surplus water, f 398 etc., relative to do J 400 L 414 Surplus wators at Salina, use of, etc do 453 1826. Cohoes Company, incorporated Stat., 70 Lands for benefit of canal fund, relative to do 74 Canal investigations, appropriations for do 226 Lateral canal to Montezuma, appropriations for do 274 Glens Falls feeder, amendatory do 283 Draining Cayuga marshes, amendatory do 293 Property conveyed by Myron Holly to commissioners of canal fund, relative to do 328 Myron Holly, late canal commissioner, for relief of do 353 Act relative to the canals, appointment of officers, etc., do 360 Collection of tolls, surplus waters and revenues, relative to do 360 1827. Waters of Tonawanda creek, damages to Seneca Indians Stat., 1st Sess., 154 Lock in dam Baldwinsville, Seneca river, relative to... Stat., 192 Erie and Champlain canals and works connected there- with, maintenance and protection, regulations, etc., do 220 Bonds and mortgages on canal land, to pay canal stock do 237 Erie and Champlain canals, relative to claimants upon . . do 248 Navigation of the Hudson river, relative to do 322 Black Rock harbor, relative to lands sold on do 364 Expenditure of moneys by Superintendent Pierce, rela- tive to do 371 Relative to canals, allowances to contractors, etc do 373 Revised Statutes, act adopting Part 1 2d Sess., 11 Chap. IX, Title IX, "of canals," canal board to pub- lish do 17 Revised Statutes. Salaries of State officers, how to be charged do 62 Canal fund do 64 Commissioners of canal fund, of whom to consist do 66 Canal fund lands, how and when to be sold do 83 Canal maps and field notes, designation of, etc do 91 3 18 CHRONOLOGICAL LIST OF STATUTES. PAGB. Canal commissioners, powers and duties of Stat, 2d Sess., 92 Appraisement of damages do 99 Canal board, powers and duties do 103 Water privileges and surplus water, sale of, etc do 105 Superintendents of repairs and collectors of tolls, powers and duties do 109 Navigation of canals and collection of tolls, regulations and penalties do 111 Maintenance and protection, regulations and penalties for do 122 Miscellaneous provisions do 124 1828. Lock and waste-weir Rome, for rebuilding Stat., 1st Sess., 37 Champlain canal, special appraisers appointed do 80 Black River Canal Company, incorporated do 85 Holley, late canal commissioner, for settling claims of, do 97 Cayuga and Seneca canal with East Cayuga village, lateral canal to connect the do 115 Destruction of fences, increasing penalty for do 224 Albany pier, passage through do 226 Dam at Baldwin sville, amendatory do 262 Lowering Oneida lake and improvement Oneida river, relative to do 293 Cowasselon creek, damages for waters do 341 Oswego canal, transfer of certain funds do 350 Cayuga and Seneca canal, waters of Seneca lake, etc. . . do 378 Cayuga and Seneca canal, construction of, etc do 379 Glens Falls feeder, appropriation for do 384 Deficiency in revenue, to provide for do 386 Canal stock, to buy certain of comptroller do 387 Junction Canal Company (Watervliet), incorporated. . do 417 Surplus waters, relative to do 426 Canal routes from Seneca lake to Crooked lake and from Crooked lake to Bath, to be surveyed do 494 Acts and parts of acts relative to canals, repealing certain 2d Sess., 34 Navigable communication between the lakes and the Atlantic ocean, repealing act of 1817, respecting (except part of 5th section) do 47 Great Western and Northern camils. repealing act of 1819, respecting do 49 Erie and Champlain canals, repealing act of 1820, for maintenance do 51 STATUTES OF NEW YORK RELATING- TO CANALS. 19 STATUTES. PAGE. Erie and Champlain canals, repealing act of 1821, con- cerning Stat., 2d Sess., 52 Movement of boats, repealing act of 1822, relative to . . do 55 Erie canal, repealing act of 1823, relative to do 56 Salaries, repealing act of 1823, relative to do 56 Lands and canal fund, repealing act of 1826, relative to, do 60 Canals, repealing act of 1826, relative to do 62 Erie and Champlain canals, repealing act of 1827, for maintenance of (except 39th section) do 63 Surplus waters, repealing act of April, 1828 do 65 1829. Breaches, damages for. how appraised Stat., 110 Chenango canal, construction of do 135 Fort Miller or Saratoga dam, appraisal of damages at . . do 155 Champlain canal, damages on Fort Miller and Wood creek do 213 i 215 Cohoes bridge, relative to do \o-i-t Crooked Lake canal, construction of do 219 Chemung canal, construction of do 231 Dam at Mount Morris, Genesee river do 239 Cayuga and Seneca and Oswego canal stock, to borrow j 310 money for do \ 486 Suits in behalf of the State, relative to do 386 Surplus waters, Black river, relative to do 425 Surplus revenues, investment of do 487 Oneida lake, to be lowered do 513 Survey for canal from Croton river to Sharon, Conn., relative to do 514 Seneca lake, to be lowered do 553 Canal damages, appraisal of, etc do 561 Hudson river, improvement of navigation, etc do 566 Commissioners, pay of non-acting do 568 (574 Certain canal routes, to be surveyed do -j 575 ( 583 1830. Susquehanna and Chemung rivers, survey of, etc Stat., 70 Dam at Oak Orchard reefs, Oneida river do 84 Rome to Black river, to survey canal route do 121 Fire wood and fencing posts along canals (Rev. Stat. amend.) do 122 Fort Miller dam, relative to do 152 Canal funds, transfer of certain do 207 20 CHRONOLOGICAL LIST OF STATUTES. PAGE. Rochester to Alleghany river, to survey canal route . . Stat., 254 Canal funds, rules and regulations for transfer do 263 Dam, Tonawanda creek, Clarence, Erie county do 276 Holland Land Company, survey of lands ceded by do 298 Oswego and Cayuga and Seneca canals, provide for de- ficiencies do 348 Overflow of lands, damages, how appraised do 356 Statutes, commissioners to receive copies of do 424 Tolls, resolution concerning do 425 1831. Black river, surplus waters of Stat., 174 Onondaga salt springs, deposits of moneys by superin- tendent do 206 Canal funds, transfer and improvement of do Susquehanna and Chemung rivers, appropriation for surveying do 385 Finances of the State, relative to do 423 Cayuga marshes and swamp lands, relative to draining, do 431 Champlain canal, Waterford, King to draw water from do 435 Surplus waters, relative to leasing of do 437 U. S. lands, Gribbonsville, walls and bridge along do 438 1832. Oneida Lake Canal Company, incorporated Stat., 94 Seneca river, completion of locks, time extended do 149 Chemung canal, to borrow money for completion of . . do 266 Black River Company, incorporated, State may purchase property of after ten years do 286 Auburn canal and Railroad Company, incorporated. . do 414 Cayuga marshes, relative to do 495 Canal stock, purchase and redemption of do 510 Amendment to constitution, relative to duties on salt, do 579 1833. Chenango canal, to borrow money to construct Stat., 32 Canal department and comptroller's office, relative to . . do 51 Additional commissioner, authorizing appointment do 103 Locks and surplus waters, Genesee river, at York, Living- ston county do 125 Crooked Lake and Chemung canals, allowance to con- tractors on do 131 Junction Canal Company, time of completion extended, do 169 STATUTES OF NEW YORK RELATING TO CANALS. 21 STATUTES. PAGE. Navigation of the canals, to prevent interruption of. . . Stat., 261 Cohoes Company, to increase capital do 316 Albany basin, relative to water patents on do 327 Nine mile creek feeder, to make navigable do 489 Chemung canal, supply deficiency in revenue do 492 1834. Cohoes Company, for relief of Stat, 40 Chenango canal, to change northern termination of. . do 42 Chenango canal loan, when payable do 63 Buffalo and Black Kock Railroad Company, passing over canals do 89 Survey for canal route, High Falls, Black river, to Erie canal do 175 Surplus waters, leases of, at Salina and Syracuse do 349 Canal routes, to survey from Rochester to Olean and from Dansville to Mount Morris do 377 Crooked Lake canal, deficiency in revenue do 422 Survey of Hudson river for ship canal, from Troy to Albany and from Albany to New Baltimore do 425 Auburn and Owasco Canal Company, charter extended, do 460 Railroads, passing over canals do 505 Albany basin, water patents on do 560 Improvement of the canals, relative to do 57? Cayuga lake, to survey inlet of do 590 Salt duties, amendatory do 593 1835. Buell suits, costs and expenses, relative to Stat., 12 Regulations of the canals, act relative to do 15 Canal funds, relative to do 43 Oneida Lake Canal Company, to increase capital stock . . do 58 Chenango canal, to construct lock at Oxford, etc .... do 66 Genesee river, dam and boat lock, Livingston county, do 96 Amendment to constitution, to restore duties on salt, etc do 156 Albany basin, improvement of do 171 Chemung canal, damages, how paid do 199 Chenango canal, loan for construction of do 202 Cayuga lake, to improve inlet do 241 Dam and boat lock, Genesee river, town of Leicester, do 250 Ithaca and Port Renwick Railroad Company, to con- struct canal do 280 Relief of Enos Stone, may prosecute writ of error do 288 Cohoes bridge, free to canal employees, etc do 297 22 CHRONOLOGICAL LIST OF STATUTES. PAGE. Canal funds, relative to transfer of Stat., 350 Erie canal, enlargement of, etc do 313 Crooked Lake canal, to deepen upper level do 315 Chenango canal, expense of changing northern termina- tion, city of Utica to pay do 357 . 1836. Stock, transfer of, issued to J. Packard Stat., 15 Oswego canal, to rebuild Mud lock do 109 Salaries of canal commissioners increased do 113 Seneca river, raceway at Musquito Point do 163 Albany basin, to improve the navigation do 186 Chenango canal, for relief of contractors do 201 Black River canal and Erie canal feeder, to construct, do 207 Fort Edward creek, damages for waters discharged in, do 249 Saratoga or Fort Miller dam, damages for erection, etc., do 250 Erie canal at Rome, enlargement do 281 Crooked Lake canal, to purchase water privileges, etc . . do 285 Genesee Valley canal, construction of do 339 Damages on canals, appraisal of, etc do 406 Seneca river, improvement of do 441 General fund, to replenish from canal fund do 523 Chenango canal, side cut to Susquehanna river do 578 Black Rock harbor, erection of piers, etc do 582 Oneida and Seneca rivers, improvement of do 665 Additional canal commissioner, appointment of, etc ... do 695 Cayuga canal and Glens Falls feeder, to construct locks, etc do 696 Chenango canal, loan for construction of do 704 1837. Chenango canal, loan for construction of Stat., 18 Bonds transferred, moneys to be paid for do 48 Erie canal enlargement, price paid for land taken do 115 Dam across Hudson river, Fort Edward do 185 Dam across Genesee river, Allegany county do 216 \ 99 Chenango canal, relief of contractors do \ 281 [321 Minden (State) dam, damages from do 300 State loans, banks may take do 399 Fort Miller bridge, free to canal employees do 436 Oneida, Oswego and Seneca rivers, damages from dam at Phoanix, etc do 441 Geneseo Hydraulic Company, incorporated do 446 STATUTES OF NEW YORK RELATING- TO CANALS. 23 STATUTES. PAGB. Engineers' department, expenses of, how paid Stat., 517 Canal maps, etc., relative to do 518 Albany basin, improvement of do 544 Cohoes Company, conveying part of Erie canal to do 548 Genesee Valley canal, construction of feeder on do 560 1838. f 30 Chenango canal, to borrow money for Stat, -j g g [ 99 Stock, to redeem certain, of E. Bell do 49 Main and Hamburgh Street canal, Buffalo do 81 Canal maps, plans, etc., to be filed in canal department, do 126 Erie and Champlain stock, to invest certain moneys in do 162 Chenango canal, to cancel Utica bond do 167 ( 211 Erie canal enlargement, relief of contractors do -j ~vo Tonawanda and Ellicott creeks, improvement of do 235 Erie canal enlargement, to borrow money for construc- tion do 266 Oneida river, survey of do 277 Surplus waters, damages for resuming do 282 (Jhenango canal extension, survey from Binghamton.. do 290 Seneca river, to construct tow-path on do 309 1839. Erie canal enlargement, relief of contractors Stat., 9, 56 Skaneateles lake, damages for waters of do 124 Surplus waters, Erie canal, relief of C. P. Durham and others do 152 Erie canal enlargement, road, street and farm bridges over , do 1 80 Saratoga dam, damages for erecting do 192 Chemung canal feeder dam, to construct chute in do 215 Chenango canal, tolls on do 249 Oneida river, loan for improvement do 265 Genesee Valley canal, to construct locks on do 282 Chemung canal, survey to State line do 283 Alleghany Slack-water Navigation Company, incorpo- rated do 288 Oswego canal, use of surplus waters do 291 Black river canal continuation, survey of route do 297 Branches of Hudson river, surveys for canals do 298 Connewango canal survey, from Buffalo to State line.. do 30 2 CHRONOLOGICAL LIST OF STATUTES. PAGE. Glens Falls feeder, price of nine locks Stat, 340 Erie canal, relief of contractors (Laws 1838) do 344 Chenango canal,' to borrow money for do 353 Junction canal, between Troy and Lansmgburgh, sur- vey of, with view to purchase do 371 Main and Hamburgh Street canal, Buffalo, concurrent resolution for survey of, by the State do 372 U. S. canal, from Olean to Pittsburgh do 372 1840. Erie canal enlargement, to provide funds for Stat., 25 ( 117 Public works, to provide funds for do Chemung canal, for rebuilding locks on do 127 Fort Edward creek, damages for do 135 Genesee river, damages for mill-race, Mt. Morris do 140 Chemung canal feeder, to build ditch, relief of T. Noyes, do 140 Canal board, grant rehearing in claim cases do 154 Chenango canal, funds to pay damages on do 173 Oneida Lake canal and feeder, to issue stock for purchase of do 204 Surveyor-general, certain duties of do 205 Schoharie creek dam, damages for raising do 219 Lands, Eexford flats, Saratoga county, to be released ... do 220 Skaneateles lake, damages, drawing water, 1839 do 224 Junction canal (Troy and Lansingburgh), to be pur- chased do 225 Commissioners of canal fund, transfer of State stocks, etc do 229 Albany Pier Company, tolls to be paid to do 232 Certiorari to supreme court, on awards of appraisers.. do 233 Canal board, powers and duties of do 237 State hall, apartments in do 240 Cayuga and Seneca canal, improvement of do 248 Main and Hamburgh Street canal, to complete do 253 Scajaquada creek dam, to construct do 253 Cayuga lake inlet, to remove obstructions do 265 Fort Ann, Washington county, to raise road, along Wood creek do 269 T.oans of State credit, payment of interest by railroad companies do 299 Eoad and farm bridges over State canals do 315 Ship canal around Niagara Falls, authorizing consent to do 350 Appointment of committee to examine accounts do 352 STATUTES OF NEW YORK RELATING TO CANALS. 25 * o ^t A STATUTES. PAGE. Albany basin, improvement of Stat., 30, 89 Glens Falls feeder, improvement of do 88 Canal board, powers and duties of do 130 Black Eock harbor, damages to mill on dam do 153 Onondaga lake outlet, to be excavated do 154 Lateral canal, Syracuse, to be constructed do 155 Revenue, to increase the do 156 Cohoes Bridge Company, to release from repairing tow- ing-path do Public works, loan to carry on do Oneida Lake canal and feeder, interest on stock do Cayuga and Seneca canal, improvement of do Canal department, examination of accounts do Chemung canal and feeder, improvement of do Funds belonging to the state, regulating accounts between do 220 Nine Mile creek feeder, to modify appropriation do 227 Canal department, compensation of clerks do 263 Touawanda and Oak Orchard creeks, damages, taking Avaters of do 302 Black River canal, contractors for culverts on do 312 Canaseraga creek, Madison county, damages to water privileges do 220 1842. Chemung canal and feeder, improvement of Stat., 17 Debt of the state, paying of, and preserving credit do 79 Public works, expenditure on, suspending, except in certain cases do 83 Chenango river, damages for dam, Chenango Forks. . do 196 Chemung canal and feeder, canal commissioners to re- ceive certificates of stock do 217 Chenaugo canal, damages to Robinson's mills do 274 ( 313 Pier at Whitehall, damages for do < qo^ Bridges, Erie canal, Utica, relief of contractors do 329 Black Rock harbor, surplus waters of do 332 Mill street. Lockport, damages for embankment do 378 Genesee Valley canal, damages for J. and I. Cox do 392 Chemung canal, to pay for lock-gates do 398 Purchases for the state, taking of vouchers, to regu- late., do 400 26 CHRONOLOGICAL LIST OF 1843. STATUTES. PAGE. Printing blanks, to contract for Stat., 6 Bridges, Buffalo and Fitzhugh streets, Rochester, Rotter- dam street, Schenectady, and Water street, Albany, to construct do 21 Public works, loan to pay contractors do 30 Tonawanda creek, damages,to mills of J. Sweeny do 31 Spraker's basin, drain under Erie canal .' do 78 Mohawk aqueduct, further compensation for do 91 Chenango canal, damages at Oriskany Falls do 221 Canal board, members of, not to be interested in con- tracts do 240 Revenues, increasing on salt, etc do 242 Public works (suspended), relief of contractors do 302 Glens Falls feeder, payment of arrearages due do 303 Onondaga Salt Springs, relative to revenues of do 310 Contractors on public works, payment of arrearages to, do 348 Engineers, duties of, etc do 343 Black Rock, Erie canal, to repair lock do 348 Appointment of committee to examine accounts do 350 1844. Nine Mile creek, to pay damages on Stat., 110 Mohawk river, Amsterdam, damages to islands in. ... do 325 Fort Edward dam, damages from, to T. Eddy do 390 Public works, provide for preservation of do 411 Canal commissioners, reduce number, and provide for election do 414 G-enesee street, Utica, damages to lands near do 428 Cayuga and Seneca and Crooked Lake canals, improve- ment of , do 467 Canal fund, paying debt and preserving credit do 467 Tonawanda and Ellicott creeks, preserve public works in vicinity , do 517 Utica and Schenectady and other railroads, to pay tolls, do 518 Erie canal at Rome, resolution concerning do 536 Amendments to constitution, relative to State debt, etc., do 538 1845. Canal commissioners, to reduce number and provide for elections Stat., 8 Montezuma salt, relative to tolls on do 25 Cayuga inlet, repair of, and tolls on do 83 Chenango canal, damages at Oxford do 104 Oswego canal, take charge of side-cut at Liverpool .... do 111 Chenango canal, diversion of waters of Hatcher's lake. . do 161 STATUTES OF NEW YORK RELATING TO CANALS. 27 STATUTES. PAGE. Tonawanda creek, damages to Vandervoort's mill Stat., 164 Canal board, grant rehearing in certain cases do 283 Eotterdam street bridge, Schenectady, relief of Yates.. do 291 Seneca outlet, damages for raising dam do 318 Crooked Lake canal, to reconstruct locks on do 395 Waste-weir at Mohawk, Erie canal, damages for con- struction of do 435 Genesee Valley canal, damages for mill-race do 442 1846. Erie canal, West Troy, damages from building bridge . . Stat, 14 Chenaugo river, Chenango Forks, damages from dam.. do 55 State Lunatic Asylum, water from Chenango canal. ... do 101 Mile bridge, Rotterdam, to commute for do 129 Palatine, Montgomery county, damages to flat lands. . . do 140 Junction Canal Company, at Elmira, incorporated do 222 Bridge, Clay street, Rochester, Genesee Valley canal ... do 304 Public works, for the protection of do 308 Cheuango Junction Canal Company, incorporated do 328 Salina side-cut, damages on do 382 Dansville slip and basin, to be assumed do 410 Northern Slackwater and Railroad Company, to pro- vide for construction do 442 Crooked Lake and Chemung canals, locks on, and other purposes do 464 Canal fund, paying debt and preserving credit do 465 1847. Ordinary repairs, debt, etc., appropriation for Stat., 13 Chenango canal, alteration in highway, from Cherry Valley turnpike to Oriskany Falls do 48 Canada thistles, destruction of, on canal banks do 102 Seneca river, damages to mills at Fayette do 104 Seneca river, damages to mills at Waterloo do 104 r -i -I a Erie canal, Albany, for bridge at Lawrence street do _ 22 Eaton Brook reservoir, damages for construction (Nelson) do 13C Scajaquada creek, Black rock, to drain lands near do 142 Bridges, at Washington and Michigan streets, Buffalo, Main and Hamburgh Street canal do 236 Bridge, Elmira, Chemung canal do 236 Canal commissioners, election of do 2G3 Crooked Lake canal, to rebuild locks on do 273 Cayuga Lake inlet, to improve, tolls on, etc do 274 2S CHRONOLOGICAL LIST OF STATUTES. PAGE. Erie canal, locks, new work, etc Stat., \ -~ Q ( < O Black River canal and Erie canal feeder, construction j 288 of, etc (573 Oneida river, improvement of do 289 Oswego canal, locks on, etc do 289 Genesee Valley canal, construction of do Eailroad tolls, relative to do 298 Public works, officers on, powers and duties of do 314 Jordan level, Erie canal, for draining old canal, etc .... do 351 Bridge, Alexander street, Rochester, Erie canal do 431 Chenango Canal Bridge Company, to rebuild bridge in Broome county do 434 John Myers' claim, appropriation for canal board award, do 435 Barre, Orleans county, damages from culvert do 450 Cayuga and Seneca canals, locks on, etc do 450 Annual reports of canal officials do 452 Oswego canal, damages for exchange of land do 454 Canal commissioners, filling vacancies in office do 458 Owasco outlet improvement, State's prison to pay for . . do 495 Old Erie canal and Junction, Erie and Champlain canals, to convey to owners of lands adjoining. ... do 512 Erie and other canals, appropriations for do j jLg New Minden feeder, damages for construction of do 576 Canal frauds, pay committee of investigation do 682 Canal commissioners, salaries of do 741 1848. f 6 Ordinary repairs, debt, etc., appropriation for Stat., < 13 L470 Scajaquada creek, Black Rock, to drain lands near .... do 75 State engineer and department, relative to do 81 Glens Falls feeder, surplus waters of (Sandy Hill) do 91 Canal department, appointment of auditor, powers and duties of, etc do 272 Dansville slip and basin, to be assumed do 284 Canal debt, falling due July 1, 1848 do 324 Erie canal enlargement, appropriation for do 325 Black River canal and Erie canal feeder, appropriations for do 326 Canal funds, relative to do 326 Sinking fund, to provide for deficiencies do 326 Genesee Valley canal, appropriation for do 328 STATUTES OF NEW YORK RELATING TO CANALS. 29 STATUTES. PACK. Chemuug canal, change course, Watkins creek Stat., 328 Chemung canal, damages for dam, Painted Post do 367 Northern Slack Water and Railroad Company, extension of time do 402 New state hall, apartments in do 412 State dam, Lower Black Rock, remove obstructions below do 414 Bridge, Troup street, Rochester, Genesee Valley canal . . do 458 Bridge, Allen street, Rochester, Erie canal do 458 Bridge, Smith street, Rochester, Erie canal do 458 Conesus lake, improvement of, as reservoir do 461 Surplus waters, Arcadia, Wayne county, to lease to R. Price do 463 Chemung canal, Catherine's creek, damages from dam and feeder do 466 Onondaga salt springs reservation, sale of lands on ( 6), do 468 Bridge, Washington street, Rome, Erie canal do 482 Brighton, Monroe county, damages to lands do 487 1849. Vacancies in office, how to be filled Stat., 26, 36 Scajaquada and Cornelius creeks, improvement of do 88 Chemung canal, change of line on summit level do 97 Bridge, Church street, Medina, Erie canal do 246 Excavating Albany basin, loan to pay for do 311 Cayuga and Seneca canals, for new channel do 326 Oswego canal, locks on, etc do 327 Canal debt, due July 1, appropriation for do 327 Black River canal and Erie canal feeder, appropriation ( 329 f do < for ( 338 Erie canal enlargement, appropriation for do 328 Crooked Lake canal, to rebuild lock (Seneca lake) do 329 Ordinary repairs, debt, etc., appropriation for do 330 Oneida river, improvement of . . . '. do 330 Conesus and other lakes, for reservoirs, to supply Gene- see Valley and Erie canals do 331 Canal fund, claim of, on general fund do 339 Canal fund, claims upon, expenses, etc do 349 Genesee Valley canal, re-appropriation for do 349 Genesee Valley canal, appropriation for do 341) Loans for the canals, amending chap. 215, 1848 do 350 Damages, debts due for (prior to 1st June, 1846) do 351 Locks, Erie canal, between Syracuse and Rochester. ... do 352 Erie basin, Buffalo, to change or alter mouth of do 352 Otter creek, Gaines, Orleans county, damages to saw-mill, do 3(53 30 CHRONOLOGICAL LIST OF STATUTES. PAGE. Albany basin, removal of wrecks Stat, 399 Canal contracts, relative to do 502 Canal damages, etc. , relative to do 513 Genesee river (Mt. Morris), damages for dam do 519 Materials and tools, for the purchase of do 521 Extraordinary repairs, appropriation for do 528 Polly bridge, Whitehall, Ch'amplain canal do 548 Hudson river, improvement of upper waters do 563 Oneida Lake canal, for tow-path along Wood creek ... do 581 Albany pier, enlargement of opening do 589 1850. Crooked Lake canal, extra work on locks Stat, 314 Seneca river ( Baldwin sville), to improve navigation. .. do 317 Genesee Valley canal, appropriation for do 377 Bridge, Shelby's basin, Orleans county, Erie canal .... do 383 Debt due in 1851, appropriation for do 383 Old canal at Geddes, to be abandoned do 395 Spencerport, Monroe county, to abate nuisance do 398 Bridge, fourth ward, Eochester, to take (built by W. H. Smith) . do 399 Black Eiver canal, appropriation for do 399 Bridge, Lodi, Franklin, McBride and Townsend streets, Erie canal, Syracuse do 457 Bridge, Division street, Oswego canal do 457 Bridges. Genesee street, Buffalo, Erie canal do 470 Fort Miller dam, to be abandoned do 575 Draw-bridge (Oak Orchard), Oneida river do 579 Transportation on railroads, free from canal tolls do 580 Bond from contractors, for laborers' wages do 616 Exchange street, Eochester, damages at (and 1851, p. 729) do 627 Cayugaand Seneca canals, highway along Seneca lake. . do 637 Bridge, Fulton, Oswego county, Oswego canal do 683 [685 Otsquago creek, Fort Plain, damages for overflow do < 686 [790 Eaton brook reservoir, damages for dam . do 690 Erie enlargement, appropriations for do 76(5 Dansville slip and basin, to be assumed do 77 1 Albany basin loan, appropriation to pay interest on .... do 787 Fort's Ferry, Saratoga county, damages to lands at .... do 789 Christopher Adams, late superintendent, to settle accounts do 791 Appropriations for premiums on loans do 791 STATUTES OF NEW YORK RELATING TO CANALS. 31 STATUTES. PAGE. Oswego canal, repealing part of act of 1849, and dis- continuing work Stat., 792 Ordinary repairs, debt, etc., appropriation for do 796 State engineer and surveyor, powers and duties of do 799 1851. Cayuga and Seneca canal, highway along (Geneva) . . . Stat., 62 Canal commissioners and superintendents, powers and duties of do 67 Clerk of canal appraisers, salary of do 98 Chuctenunda creek aqueduct, Florida, Montgomery county do 330 Weighlock and surplus waters (Utica), damages for do 335 Mill creek, Schenectady, to remove obstructions from . . do 336 Black River canal and Black river, for reservoirs to sup- ply with water do 347 Chittenango creek, damages for diversion of waters ... do 357 Farm bridge, Frankfort, Herkimer county, damages for discontinuance of (in 1840) do 360 Bridge, Jay street, Rome, Erie canal do 374 Abandoned lands, to convey to heirs of E. Rexford .... do 427 Canastota. Madison county, damages (T. Barlow) do 427 Onondaga salt springs and Onondaga lake outlet, relative to do 558 Ordinary repairs, debt, etc., appropriation for do 564 Buffalo and Black Rock Railroad Company, damages to (in Buffalo) do 567 Draw-bridge, Oak Orchard, Oneida river do 595 Bridge, Ingersoll street, Albion, Erie canal do 601 Oswego canal, re-appropriation for do 682 Ordinary repairs, tolls, etc., for deficiency in 1850 do 697 Bridge, Utica street, Oswego, Oswego canal do 698 Geddes, Onondaga county, damages to 0. Barker do 703 Oneida river improvement, re-appropriation for do 790 State dam, Troy, damages to Cohoes island do 804 Erie canal enlargement, Genesee Valley canal and Black River canal, surplus revenues of 1851, 1852, 1853 and 1854 (after paying debt, etc., to be applied for completion (repealed, 1854) do 911 Powers and duties of state officers, proceedings against, etc '. do 920 Tolls on railroads, to abolish do 927 Oswego canal, to enlarge locks, etc do 93 Cayuga marshes, to be drained do 942 Sewer, Platt street, Rochester, liability of state, etc do 947 32 CHRONOLOGICAL LIST OF STATUTES. PAGE. Waste- weir, "Wood creek, Washington county, damages to Empey's land Stat., 950 Erieville reservoir, Madison county, damages for con- j 95^ struction of ( 1004 Cayuga lake and outlet, improvement of do 991 1852. Ohio basin, Buffalo, for relief of contractors Stat., 70 Bridge, Pine street, Buffalo, Erie canal do 155 Dam, Seneca Falls, damages for construction do 274 Counsel for auditor, to employ in case pending do 294 Draw-bridge, Oak Orchard, to be assumed do 325 Cayuga inlet, protection of do 374 Enlargement Erie and Oswego canal, and completion of Black River and Genesee Valley canals, contracts for completion of, etc. (repealed, 1853) do 405 Oswego canal, to change line of, in Phoenix do 416 Ordinary repairs, debt, etc., appropriations for do 491 Two bridges, Elmira, Chemung canal do 518 Cayuga and Seneca canal, lock at Oatman's mill-race. . do 549 Bridge, Garden street, Utica, Chenango canal (in 1865), do 570 Junction Canal Company, renew corporate powers .... do 584 Amendment of Revised Statutes, canal fund deposits .'. do 584 Canajoharie, Montgomery county, damages to Van Al- stine farm do 608 Albany basin loan, and other expenses, appropriation for interest on do 682 Canal lettings, committee to investigate do 727 1853. Canal department, expenses of, etc . . Stat., 45 Pier at West Troy, relative to do 77 Superintendents, abstracts of official disbursements ... do 78 Oneida creek, damages to Hulbert and Vrooman do 88 Bridge, Carthage, Black river, to construct do 302 Cayuga marshes, to drain do 312 Oswego canal locks, appropriation for do 360 Canal and general fund, tax for do 417 Bridge, Ferry street, West Troy, Erie canal do 439 Junction Canal Company, amendatory do 524 Ward's mills, Albion, damages to do 542 Bridge, Hospital street, junction Court and Georgia streets, Buffalo, Erie canal do 6G7 Bridge, Chestnut street, Syracuse, Erie canal do 669 Bridge, Geddes street. Geddes, Erie canal do 669 STATUTES OP NEW YORK RELATING TO CANALS. 33 STATUTES. PAGE. Canajoharie creek, damages from, in 1852 Stat., -j g~o Tow-path bridge, Cohoes, Mohawk river do 786 Bridge, Bridge street, P.hoenix, Erie canal do 842 Bridge, Seymour street, Tonawanda, Erie canal do 852 Enlargement of the canals, repealing law of 1852 (chap. 270) do 934 Bridge, Perry street, Buffalo, Clark and Skinner canal, do 976 Bribery, amending law relating to do 1011 Eevenue certificates, appropriation for interest on .... do 1018 Oswego canal loan, appropriation for interest on do 1019 Niagara Ship Canal Company, incorporated do 1121 Bridge, Bear Ridge, Tonawanda creek do 1129 Erie and other canals, appropriations for do 1176 Genesee river, Rochester, damages, diversion of waters, do 1226 Ordinary repairs, debt, etc., appropriations for do 1230 State debts and expenses, to provide means to pay do 1233 Amendment to constitution, relative to sinking fund, etc do 1263 1854. Amendment to constitution, completion of the canals . . Stat., 1 1 Erie and other canals, improvement of do 28 Labor and materials, provide for payment for do 470 Dam at Caughdenoy, Oneida river do 497 Junction and Chemuug canals, connection at Elmira. . do 512 Lester mill dock, Bald winsvi lie, rehearing *. . do 590 Albany basin loan, appropriation for interest on do 629 Contracts for canal repairs, to let (1 to 3 sections) do 687 Deficiencies, appropriations to meet do 689 Enlargement of Erie and other canals, and other pur- poses, appropriations for, etc do 691 Ordinary repairs, etc., appropriations for, etc do 699 Feeder, Genesee Valley canal, survey and estimate for do 701 Management of the canals, regulations, etc do 701 Seneca river improvement and Baldwinsville canal, management of, etc do 703 Enlargement Erie and other canals, repealing act of July 10, 1851 do 711 Oswego canal loan, appropriation for interest on do 1011 Amendment to constitution, payment of expenses, etc., do 1103 Tolls, reduction of do 1107 G-. W. Newell (late auditor), proceedings against do 1108 5 34 CHRONOLOGICAL LIST OF 1855. STATUTES. PAGE. Enlargement Erie and other canals, loan for, and for revenue certificates Stat. , 27 Chemung canal, damages to Charles Cook do 29 Potter's mills, Albion, damages to do 56 Collection of debts due state, upon lost evidences . . do 1 23 Whitehall harbor, to remove obstructions do 249 Tonawanda bridge, to be built do 256 Chemung river, Corning, to build piers, etc do 378 Bridge, Ferry street, West Troy, Erie canal do 386 Baker farm, Rotterdam, damages to do 397 Bridge, Wilcox farm, Saratoga county, Champlain canal do Black Eock harbor, to remove obstructions do Canal and general fund, tax for do Road at Wood Creek, to be filled up do Bridge, Slade farm, Saratoga county, Champlain canal, do Erie canal enlargement, Lockport, relief of contractors, do Village of Geddes, to abate nuisance do Genesee river, Rochester, damages, diversion of waters, do Grade of railroads, powers in relation to . . do Ordinary repairs, debt, etc., appropriations for do Oneida river improvement, appropriations for do Canal revenues, to prevent frauds do Canal damages and vouchers, relative to do Appropriation acts and certain canal expenses do Scajaquada creek, to complete draining of do Tonawanda swamp,' drainage of do Canal repairs, letting by contract do Crooked Lake canal, complete improvement of do Late Auditor Newell, action against do 1856. Protested draft award, appropriation for Stat., Bridge, Vernon street, Middleport, Erie canal do Canal and general fund, tax for do Onondaga salt springs, amending acts relative to do North side-cut canal, Syracuse, to extend do Onondaga lake, to reduce level do Culvert under canal, Rochester, to construct and main- tain . do Bridge, Nelson street, Rochester, Erie canal do Bridges, Doxtater avenue and Bouck street, Rome, Erie canal do Ordinary repairs, debt, etc., appropriations for do STATUTES OF NEW YORK RELATING TO CANALS. 35 STATUTES. PACK. Geuesee Valley canal, extension of Stat., 243 Enlargement locks, Champlain canal, deficiency in funds for do 250 Waters of Oneida creek, appropriation to pay award . . do (259 (336 Leakage, West Troy, damages to J. T. Van Alstyne .... do 330 Changing canal and basin, Geddes, damages for do 338 1857. Appropriation acts and certain canal expenses Stat., vol. 1, ( 13 \ Improvement Seneca river, to assess damages for do j 84 ( 86 Payment of commissioners appointed to expend certain moneys do 200 Repair contracting board, powers and duties of do 214 Bridge, Horseheads, Chemung canal do 395 Bridge, Geddes street, Onondaga county, Erie canal . . . do 396 Waters of Chemung river, damages, diversion of water, do 446 Bridge, Ferry street, West Trov, Erie canal do 470 Docking at West Troy, damages for do 470 Interest on loan, payment of do 474 Hamilton. Madison county, damages for diversion of waters do 477 Waters, Black river, for Erie canal, etc., damages for. . . do 504 Genesee Valley canal, extend to Millgrove pond do 506 Abandoned canals, relative to do 553 Canal funds, repayment to do 748 Enlargement and completion, tax for do 756 Ordinary repairs, debt, etc., appropriation for do 757 Enlargement and completion, appropriations for do 759 Canal draft (E. N. Merriam), payment of do 814 Draw-bridge. Tiffany's landing, Black river do 850 Waste-weir, Stillwater, damages for , do 869 Bridge, Canajoharie, damages for not building Stat, vol. 2, 13 Enlargement Cayuga and Seneca canals, relative to do 23 Fultonville, Montgomery county, damages for bridge . . do 34 Island opposite Troy, damages to do 38 Dam, Tonawanda creek, to remedy evils of. do 44 Improvement, Owasco lake and outlet, means for com- pleting do 107 Canal appraisers, term of office and salaries do 141 Appropriation acts, for certain canal expenses do (150 |733 Report on waters of Black river, payment of do 220 36 CHRONOLOGICAL LIST OF STATUTES. Onondaga salt works, to have engineer if required . . Stat., vol. 2, Ditch, Manlius, Onondaga county, to construct do Commissioners of public accounts, compensation, etc. . do Chamberlain's dam, Seneca county, damages at do Printup's aqueduct, Montgomery county, relief of con- tractors do 331 Bridge over Mud creek, Lyons, relative to do 333 Kochester mill owners, confirming awards to do 345 State culvert, Syracuse, for construction of do 423 Deputy state engineer and surveyor, appointment of. . do 426 ( 522 Bridge embankment, Lyons, Wayne county, damages at, do ] - 2 q Bridge, Grove Springs, Verona, Erie canal do 531 Genesee river, damages taking waters of do 537 Waste-weir, York, Livingston county, damages at do 541 Bridge, Frankfort street, Frankfort, Erie canal do 543 New certificates of State stock, issued in case of loss . . do 548 Bridge embankment, Knowersville, damages at do 567 Enlargement contractors, interest on money withheld . . do 569 Bridge, Breckenridge street, Buffalo, Erie canal do 579 Bridge, Mill street, Little Falls, Erie canal do 580 Old canal, Port Byron, to be abandoned do 581 Culvert, Oswego canal, obstructions to be removed do 586 Seneca Falls, damages to saw-mill do 587 Black River canal, damages by leakage from do 620 Labor and materials, time of payment extended do 726 Auditor canal department, appointment of do 731 Surplus waters, not to be leased by contractors do 794 Chenango canal extension, survey of, etc do 798 1858. Old canal, Port Byron, to be abandoned Stat, 180 Bridge embankment, Syracuse, damages for do 205 Bridge over Black river, regulations, etc do 215 Break, Orleans county (1857), damages for do 283 Outlet, Cayuga lake and Seneca river, to remove obstruc- tions do 299 Bridge, Griffith street, Eochester, Erie canal do 304 Black River canal and feeder, contract for repairs do 305 Bridge, Frankfort, Herkimer county, Erie canal do 317 Chemung and Steuben counties, to repair drain do 319 Gascon Rapids, Seneca river, damages from upper dam, do 322 Ordinary repairs, debt, etc., appropriations for do 332 Enlargement locks, Chemung canal, providing for do 333 STATUTES OF NEW YOKK RELATING TO CANALS. 37 STATUTES. PACK, Embankment, Verona, Oneida county, damages for. . . . Stat., 391 Registry of liens and incumbrances on boats and crafts navigating the canals do 396 Erieville reservoir, Nelson, leakage from do 407 Drafts, canal commissioners and canal board awards, payments of interest on do 416 Bridge, Hamilton street, Buffalo, Erie canal do 430 Bridge, White street, Cohoes, Erie canal do 472 Appropriation acts, certain canal expenses do \ ~-Q Appropriations for Erie canal, transfer of, to lateral canals do 554 Woodhull reservoir, damages for construction of do 594 Chub lake reservoir, damages for construction of do 595 Canal debt, to pay interest on do 596 Hudson river, opposite Troy, to increase depth of do 628 1859. Collection of tolls and navigation of the canals, amend- ing regulations and penalties Stat., 39 Chenango canal extension, examination of survey for. . do 264 Enlargement and completion, to provide means for .... do 372 Ordinary repairs, debt, etc., appropriation for do 485 Abandoned Erie canal, Rochester, to release interest of state do 492 Loan to pay floating debt of the state, to submit to the people do 586 Enlargement and completion, re -appropriation for .... do 752 To restore water to Black river, amendment do 752 Salt revenues, bank of deposit do 813 Onondaga salt springs, to appoint engineer for do 821 Onondaga salt springs, to receive water from the canal, do 841 Bridge, Fort Edward, old feeder do 886 Auditor to act for commissioner, when the latter is disqualified do 892 Dunham and Smith's basins, waste-weirs, damages from, in 1858 do 952 Noandaga creek, Danube, Herkimer county, damages from do 956 Port Byron, Cayuga county, damages for embankment, do 957 Main street, Albion, damages for bridge embankment, do 961 Dam, Caughdenoy, Oneida river, damages for do 965 Johnson and Seymour's race, Rochester, damages for diversion of waters do 972 Reports of state officers, relative to do 1024 38 CHEONOLOG-ICAL LIST OF STATUTES. PAGE. Culvert, Stillwater, Saratoga county, Champlain canal, Stat., 1052 Transfer from canal fund to general fund, of certain moneys, etc , do 1058 Crooked Lake canal, appropriation to improve upper level do 1059 State lunatic asylum, water from Chenango canal do 1008 Canal officials, powers and duties of do 1132 Appropriation acts, certain canal expenses do \ | ( llOo Berme side, Chenango canal, to lay railroad track do 1152 Buffalo breakwater, resolution relative to do 1205 Toils, resolution relative to do 1210 1860. Interest on loan, etc., to provide for Stat., 17 Oneida Lake canal, to rebuild locks on, etc do 57 Ordinary repairs, debt, etc., appropriation for do 75 Contracting board, repealing parts of law of 1857 do 152 Surplus waters, Oswego canal (Oswego), damages for diversion of, in 1854 and 1855 do 154 Bridge, state drain, Lysander, to repair do 159 Bridge, Vleet street, Cohoes, Erie canal do 196 Completion of the canals and supply of water, tax for, do 355 Ditch, Nelson street, Eochester, to construct do 674 Bridge embankment, Exchange street, Eochester, dama- ges for do 687 (717 Appropriation acts, certain canal expenses do j g g g i ^iOf* Bridge, Minetto, Oswego canal do -j ^^ Surplus waters, Lockport, 1855 and 1859, damages for diversion of do 730 Canal drafts, certificates, etc., payment of interest on. . . do 797 Enlargement and completion of the canals, interest on the debt, etc., tax for do 986 1861. Ordinary repairs, debt, etc., appropriation for Stat., 118 Inland Navigation Insurance Company, relative to. ... do 1G8 Canal debt sinking fund, invest portion of in certain tax do 183 Navigation of the canals and collection of tolls, relative to do 219 Schoharie creek aqueduct and dam, damages for con- struction do 457 Auditor of canal department, relative to do 473 STATUTES OF NEW YORK RELATING TO CANALS. 39 STATUTES. PAGE. ( 505 Appropriation acts, certain canal expenses Stat., ] -03 Black creek, Genesee Valley canal, damages for do 529 Bridge embankment, Port Byron, damages for do -j ?? Bridge embankment, Middleport, Niagara county, damages for do 575 Cayuga marshes, draining of do 612 Limestone creek feeder, Fayetteville, damages for do 632 Appeals by state officers, no security necessary do 661 Division and resident engineers, repealing law of 1860, relative to do 780 1862. Waters of Black river, damages for Stat., 9 Erie canal enlargement, facilitate portion of do 18 Ordinary repairs, debt, etc., appropriation for do 26 Clyde, Wayne county, to abate nuisance do 127 Bridge, Oneida river, Caughdenoy, Oneida river improve- ment do 221 Patent iron truss bridges, to pay Wkipple for do 242 Bridge, Garden street, Utica, Chenango canal do 265 Bridge, Elmira, Chemung county, Chemung canal .... do 286 Enlargement and completion of the canals, re- appro- priation for do 301 Enlargement and completion of the canals, and employ- ment of engineers, etc.. to regulate, etc do 339 Waste-weir, Black River canal, damages for do 354 Land for new canal, Fort Ann, damages for do 378 Bridge, Atkinson street, Rochester, Genesee Valley canal do 382 Bridge, embankment. Rochester, damages for do 406 Public accounts, committee of examination do 407 Bridge embankment, Tyre, Seneca county, damages for, do 518 Enlargement and completion of the canals, and to in- crease revenue of sinking fund, to provide the means, do 526 Protested canal drafts, to pay interest on do 539 Contracting boards, publication of notices do 5GO Bridges, for the protection of do 569 Bridge. Belfast, Allegany county, Genesee Valley canal, do 710 Onondaga Lake outlet, damages for widening do 728 Bloody Brook, Salina, damages for changing bed of. . . do 746 Defense of the lakes, adaptation of the canals to do 746 ( ''/'''yfi Appropriation acts, certain canal expenses do < gl , 40 CHRONOLOGICAL LIST OF STATUTES. PAGE. Caual drafts certificates, payment of interest on Stat., 863 Cayuga Lake outlet and Seneca river, to remove obstruc- tions do 865 Bridge, Evans street, Geneva, Cayuga and Seneca canal, do 866 Oneida Lake canal, to rebuild locks on % . . . . do 977 Tolls, resolutions for reduction of do < , ^ State dam, Phoenix, resolutions relative to height of ... do 1001 Survey of the Alleghany river, resolutions relative to . . do 1002 1863. Ordinary repairs, debts, etc., appropriation for Stat., 455 Clark and Skinner canal, Buffalo, to be conveyed to state do 58 Delaware and Hudson Canal Company, relative to do 71 Selling offices a misdemeanor do 71 Nine mile creek feeder, cleaning out and completion of, do 106 Chenango canal extension, to provide for do 173 Improvement of navigation of Hudson river, appro- priation for, etc do 190 Canal board, to hear certain claims, completion of the canals, etc do 198 Appropriation acts, certain canal expenses do ] QKC Protested canal drafts, payment of interest on do 218 Chemung canal feeder, Corning, for improvement of. . do 276 Bridges, Church street and Washington avenue, Elmira, Chemung canal do 281 Canal drafts, certificates, etc., to pay interest on do 331 Bridge, Frankfort, Herkimer county, for highway in place of do 486 Dam and mill, Hume, Allegany county, damages to . . do 497 Bridge, White street, Cohoes, Erie canal do 525 West branch, Chittenango creek, damages for taking waters do 528 Bridge embankment, Warren street, Syracuse, damages for do 529 Bridge embankment, Adams basin, Monroe county, damages for do 531 Overflow of Wood creek, Herkimer county, damages for do 531 Canal revenues, to appropriate parts do Ditch or culvert, Tonawanda, Erie county, to construct, do 538 Ditch, Macedon, Wayne county, damages for do 539 STATUTES OF NEW YOEK RELATING TO CANALS. 41 STATUTES. PAGE. Bridge embankment, Schuyler street, Utica, damages for Stat, 548 Oak Orchard creek and canal feeder, appropriation for (repealed 1867) do 553 Oil creek reservoir and Isckua feeder, relative to do 558 Bridge, Amherst, Erie county, Erie canal do 559 Bridge, Montezuma, Cayuga county, Erie canal do 560 Interest on canal debt, premium on coin, etc do 561 Bridge, Higginsville, Oneida county, Erie canal do 503 Bridge embankment, Lyell street, Rochester, damages for do 566 Bridge, Corning, Steuben county, Chemung canal feeder do 570 Harlem and Hudson River Canal Company, incorpo- rated do 612 Drain, Canajoharie, Erie canal do 633 Tannery, Albion, Orleans county, damages for do 652 Bridge, side-cuts, West Troy, Erie canal do 704 Bridge, Prime Street, Buffalo, damages for raising do 716 Griffin creek feeder, damages for construction of do 755 Bridge, Griffith street, Rochester, Erie canal do 816 Baldwinsville canal, to rebuild locks on, etc do 824 Bridges in Rochester, Mt. Morris and Nunda, to con- struct do 827 Weigh-lock at Oswego, appropriation for do 829 Embankment, Niagara river road, damages to lands.. do 830 Granger, collector of tolls, Buffalo, for relief of do 887 Enlarging the locks, resolution relative to do 906 1864. Ordinary repairs, debt, etc., appropriation for deficiency (1863) Stat., 43 Bridge, Corning, Steuben county, Chemung canal .... do 45 Ditch or sewer, Albion, Orleans county, Erie canal.. do 105 Improvement navigation of Hudson river, appropriation for, etc do 158 Improvement Black river from mouth of Otter creek to Carthage, providing and apportioning unexpended balances for : do 327 Genesee Valley canal, for water for summit, etc do 352 Bridge, Lyons Falls, Black river, and imposition of tolls on Moose river, relative to do 358 Chenango canal extension, to provide means for do 375 Improvement Champlain canal, to provide means for . . do 377 Draw-bridge, Cross street, Elmira, Chemung canal .... do 392 6 42 CHRONOLOGICAL LIST OF STATUTES. PAGE. Whipple patent on bridges, relief of J. Hutchiuson . . . Stat, 304 Locks, Chemung canal and feeder, to rebuild do 484 Improvement Beaver river, relative to tolls on ....... do 485 Repair contracts, relative to do 546 Canal drafts, certificates, etc., to pay interest on do 627 ( 675 Appropriation acts, certain canal expenses do < 796 (900 Wellsbrook, "Western, Oneida county, damages from aqueduct do 716 Canal revenues, appropriation of remainder do 727 Canal and sinking fund, appropriations for do 735 Ditch, Arcadia, Wayne county, damages for digging. . . do 750 Stone side-cut locks, West Troy, appropriation for .... do 834 Lock No. 2, Erie canal, to rebuild do 835 Ordinary repairs, debt, etc., appropriation for do 903 Liens and iucumbrances on boats, etc., navigating the canals, relative to do 993 Overflow in Fort Edward and Kingsbury, damages for, do 1012 Embankment, Palmyra, damages for construction of . . do 1013 Leakage from canal, Lockport, to remedy do 1014 Clark and Skinner canal, Buffalo, accept releases of lands near do 1113 Snyder patent draw-bridge, Elmira, Chemung canal.. do 1114 Culvert and draw-bridge, Chemung river, Elmira, Chemung canal do 1115 Bridge, North street, Port Leyden, Black River canal.. do 1116 Bridge abutment, Exchange and Adams streets, Lock- port, to be rebuilt do 1116 Pickard's bridge, Tonawanda creek, Erie canal do 1117 Phoenix and Horseshoe dams on the Oswego river, re- building and regulating the height of do 1118 Bridge, Three river point, Oneida river do 1119 Waters of Owasco outlet, damages for diversion of do 1120 Oswego canal enlargement, damages for (in Syracuse) . . do 1122 Drains and ditches, Horseheads, Chemung county, con- struction of do 1125 Borden's bridge, Frankfort, Herkimer county, damages for not rebuilding do 1130 Farm bridge, Belfast, Allegany county, Genesee Valley canal do 1160 Dam, Mohawk river, Manheim, damages for do 1316 OsAvego canal enlargement and changing bed of Bloody brook, Salina, damages for do 1334 STATUTES OF NEW YORK RELATING TO CANALS. 43 1 o O 5 . STATUTES. PAGE. Chemung canal feeder (Corning), to complete the work i 27 on Stat., \ 545 Bridge, Bridge street, Seneca Falls, damages for building, do 30 Canal debt, etc., appropriation for do 79 ( 112 Deficiency bill, appropriation for do -j , 91 Q Awards and increase of revenues, to provide for do 115 Stagnant water near Beard's creek, Genesee Valley canal, do 178 Bridge, Washington street, Watkins, Chemung canal . . do 250 Bridge, Corning, Chemung canal feeder do 289 Bridge, Canajoharie, Montgomery county, Erie canal. . do 326 Two bridges, Wood creek, Whitehall, Champlain canal, do 363 Breaks and breaches, appropriation to pay expenses of, do 431 Additional compensation, providing for do 470 Waste-weir near Cartersville, damages for do 561 ( 607 Appropriation acts, certain canal expenses do < 1219 ( 1421 Bridge, Towusend street, Syracuse, Erie canal do 727 Ordinary repairs, debt, etc., appropriation for do 731 Draw-bridge, Fifth street, Elmira, Chemung canal do 769 Bridge, White street, Cohoes, Erie canal do 788 Dams, Oswego river, relative to rebuilding do 852 Draw-bridge, Cross street, Elmira, Chemung canal do 854 Engineers, to designate official title of do 857 Oswego weigh-lock, completion of do 867 Culvert, town of Hume, Allegany county, Genesee Valley canal do 928 Eaton and Nelson brook reservoir, repair of embank- ments do State ditch at Jack's reefs, to rebuild bridge over ... do Mill property, Newark, Wayne county, damages to ... do Locks, Oneida Lake canal, to settle Avith contractors for, do Bridge (Bush farm), Tonawanda creek, Erie canal do Certain locks, Chenango canal, more speedy completion of do 1370 Bridge, Scott street, Buffalo, Clark and Skinner canal . . do 1378 Draw-bridge, Ferry street, Black Kock harbor, Buffalo, relative to do 138S Farm bridge, Gates, Monroe county, Erie canal do 1395 Improvement Black river, appropriation unexpended balances do 1415 Bridge on Black river, between towns Denmark and Croghan do 1420 ti CHRONOLOGICAL LIST OF STATUTES. PAGK. Culvert, Barre, Orleans county, Erie canal Stat, 1424 Leakage at West Troy, damages for do 1435 Canal and other lands, protection of do 1448 Canal awards and Oswego weigh-lock, appropriation for, do 1484 Phenix and Horse Shoe dams, Oswego river do 1490 Surplus waters Chemung canal feeder, damages for .... do ] 515 1866. Feeder bridge, Fort Edward, to pay for Stat., 18 Survey of Hudson river from Troy to Fort Edward and of the Champlain canal from Troy to Whitehall, relative to do 51 Deficiencies, appropriation for do 60 Canal debt, appropriation for do 98 Bridge, Bird street, Buffalo, Erie canal do 152 Completion of Champlain canal and increase of revenue, to provide for do 301 Bridge, William street, Whitehall, to change location of, do 393 Stocks and bonds, relative to issue of do 398 Bridge, Big Flats, Chemung county, Chemung canal feeder do 401 Extraordinary repairs, etc., appropriations for do 475 Chenango and other canals, re-appropriations for .... do 655 Bridge, Frankfort, Herkimer county, Erie canal do 799 Appropriation acts, certain canal expenses do \ }~ ( 109 ( Hudson river improvement, appropriation for do 1096 Bridge, between Denmark and Crogban, Black river improvement do 1098 Albany basin improvement, to provide means for.... do 1109 Bridge, Washington street, Watkins, Chemung canal.. do 1127 Deficiencies in existing appropriations, appropriations for do 1169 Bridge, Clay street, Rochester, Genesee Valley canal . . do 1220 Junction Canal and Railroad Company, to construct railroad do 1221 Bridge, Main street, Buffalo, Main and Hamburgh Street canal do 1254 Illingworth and Beach's bridges, Black river do 1287 Bridge, new weigh-lock, Oswego, Oswego canal do 1305 Bridge, Ilion, Herkimer county, Erie canal do 1315 Dam, Genesee river, near Rochester, to reduce height of, do 1375 Chenango canal extension, tax for do 1403 Canal and other lands, for the protection of do 1414 STATUTES OF NEW YORK RELATING TO CANALS. 45 STATUTES. PAGE. Bridge, Schuylerville (Saratoga county), Champlain canal Stat., 1435 Swing-bridge, Fayetteville, Limestone creek feeder .... do 1565 Four bridges, Elmira, claim for use of patent in do 1663 Draw-bridge, Caughdenoy, Oneida river improvement . . do 1679 Ordinary repairs, debt, etc., appropriation for do 1695 Resident engineer, Chenango extension, for appoint- ment of do 1741 Ditches, John Myers' farm, near Schenectady do 1742 Bridge, Columbia street, Cohoes, Erie canal do 1765 Canal officials, powers and duties of do 1889 Claims for damages, statement of, etc do 1891 Bridge, Townsend street, Syracuse, amending act of 1865 do 1905 Aqueduct and culverts near Beard's creek, Genesee Valley canal do 2005 Drain from Earl street, to culvert, West Troy, berme bank, Erie canal do 2055 State ditch, Mentz, Erie canal do 2072 De Ruyter reservoir, damages for do 2088 Fulmer creek aqueduct, damages for do 208S Waste-weir, Big Flats, Chemung county, damages for. . do 2091 Weigh-lock outlet, Waterford, land damages for do 2092 Combined locks, Waterford, damages for do 2093 Draw in Schroeppel's bridge, Oneida, river, to build.. do 2097 Berme bank and tow-path, Rochester, for raising do 2107 Highway, Madison, Madison county, to repair damages to do Waters of Limestone creek, damages for do Ship canal from Portage lake to Lake Superior, relative to do 2127 Tolls on iron, Champlain canal, concurrent resolution, do 2140 1867. Deficiencies, appropriation for Stat., 66 Canal debt, appropriation for do 94 Boat inspector, Whitehall, appointment of do 104 Additional compensation to officers, providing for do 140 Walls, Erie canal, Cohoes, Harmony Manufacturing Company to build do 327 Albany basin improvement, amending chap. 503, Laws of 1866 do 406 Bridge, Nunda, Genesee Valley canal do 536 Ordinary repairs, debt, etc., appropriation for do 670 Bridge, College street, Clinton, Chenango canal do 673 46 CHRONOLOGICAL LIST OF STATUTES. PAGE. Bridge, Terry street, Brockport, Erie canal Stat., 674 Culvert, Canastota, Erie canal do 677 Bridge. Skaneateles lake, at outlet do 685 Vacancies in office, to provide for filling do 753 Bridge, Mclntyre street, Fort Edward, Champlain canal, do 763 Bridge, Mount Morris, Genesee Valley canal do 795 ( l'- ) 32 Appropriation acts, certain canal expenses do Bridge, Utica street, Oswego, sec. 6, Oswego canal do 1292 Bridge, Broad street, Waterford, Champlain canal do 1468 State lunatic asylum, water from Chenango canal do 1521 Contracting board, enlarge powers of, etc do 1541 Awards and other purposes, tax for do 1546 Iron bridge, Broadway, Fulton, Oswego canal do 1634 Iron bridge, Water street, Clinton, Chenango canal ... do 1635 West Troy basin, to collect tolls do 1647 Broddock's rapids dam, Oswego river, to regulate height of do 1655 Hudson river improvements, to be continued do 1677 Bridge, Hun ter street, Rochester, Genesee Valley canal . . do 1679 Bridge, Parker street, Fairport, Erie canal do 1682 Bridge, Baldwin street, Elmira, Chemung canal do 1710 Vertical wall, berme bank, Medina, Erie canal do 1713 Bridge, Lebanon street, Hamilton, Chenango canal. ... do 1743 Cayuga and Seneca canals, navigation of, etc do 1855 Bridge, State ditch, Jack's reefs, relative to do 21 11 Limiting the hours of labor to eight hours do 2138 Bridge, Tonawanda, Tonawanda creek do 2167 Stone drain, West Troy, to open do 2286 Oneida Lake canal, expenses, navigation, etc do 2318 Bridge between Denmark and Croghan, Black river improvement do 2452 Management of the canals, resolution relative to do 2495 Erie canal between Albany and Troy, resolution relative to do 2498 1868. Farm bridge, Minden, Montgomery county, Rocky Rift feeder ." Stat., 121 Bridge, Onondaga lake, at outlet do 176 Dam, Little Beard's creek, damages for removal do 185 Deficiencies, appropriation for do Culvert, Canastota, Erie canal , do 480 Cayuga lake outlet and Seneca river, amendatory .... do 631 STATUTES OF NEW YORK RELATING- TO CANALS. 47 STATUTES. PAGE. Bridge, Seneca lake, at outlet Stat., 695 Skaneateles outlet, damages from waters do 696 Additional compensation, to provide for do 697 Phoenix dam, Oswego river, damages for rebuilding do 759 City of Rochester, damages for flood of 1865 do 758 Extraordinary repairs, etc., re-appropriation for do 764 Canal debt and interest, appropriation for do 768 Bridge below lock 87, Chenango canal do 769 Vertical walls, Medina and Albion, Erie canal do 770 Erie basin breakwater, Buffalo harbor, U. S. to remove obstructions do 792 Oneida Lake canal improvements, relative to moneys raised for do 825 Bridges, Washington and George streets, Some, Erie canal do 838 Bridge, Taylor's building, Fort Edward, Champlain canal do 838 Bridge, Forman street, Cazenovia, State canal or dyke do 839 Bridge, Easton street, Hamilton, Chenango canal do 840 Bridge, Ferry street, Schnylerville, Champlain canal . . do 840 Swing bridges, Henry and Hawley streets, Binghamtou, Chenango canal do 843 Bridge, Water vliet, Erie canal (repealed 1869) do 844 Farm bridge, Fort Ann, Champlaiu canal do 845 Farm bridge, Waterford, Champlain canal do 845 Bridge, Genesee street, Greene, Chenango canal do 846 Bridge, William street, Mechanicville, Champlain canal, do 892 Surplus waters, Fort Edward lock, to rent or lease .... do 943 Bridge, Exchange street, Rochester. Erie canal do 1064 Bridge. Main street, Port Leyden, Black River canal . . do 1065 Draining Cayuga marshes, damages for do 1066 Canal appraisers' decisions, appeals from do 1197 Ditch. Groveland and West Sparta, Livingston county, to re-open and maintain do 1201 Sinking fund revenues, means to increase do 1234 Bridge, Rocky Rift feeder, Erie canal do 1403 Bridge, Ovid street, Seneca Falls, Cayuga and Seneca canal do 1456 Embankment and walls, De Ruyter reservoir, Fabius, Onondaga county do 1458 Swing-bridge. Rexford Flats. Erie canal do 1513 Ordinary repairs, debt, etc., appropriation for do 1566 Extraordinary repairs, etc., tax for do 1569 48 CHRONOLOGICAL LIST OF STATUTES. PAGE. ( 1579 Appropriation acts, certain canal expenses Stat., -j ,go 4 Shulcr's warehouse, Lockport, damages for do 1713 Ditches, Minden, Montgomery county, Erie canal .... do 1767 Waters of Black river, damages for do 1788 Ditch, Mentz and Montezuma, Erie canal do 1918 Inspector and measurer at-Oswego, appointment au- thorized do 2042 Eepair contracts, 18C6, attorney- general to test do 2074 Culvert, Tonawanda, damages for removal do 2075 Backwater from dam, Tonawanda, for the removal of, do 2088 1869. Dam at upper aqueduct, Mohawk river, damages from, Stat., 3 Bridge, Fink's basin, Herkimer county, damages from, do 6 Albany basin and lock, certain work in and about do 51 Bridge, Canal street, Norwich, Chenango canal do 67 Docking berme bank, Rome, Erie canal do 177 Bridge, Court street, Binghamton, authorizing city to widen do 224 Deficiencies, appropriation for do 352 Vertical walls, berme bank, Macedon, Erie canal do 609 Abandoned canals, relative to do 831 Embankment, State street bridge, Schenectady, damages for do 947 Canal across Water street, West Troy, relative to do 950 Additional compensation, to provide for do 968 Logs and timber near Corning, damages for do 1082 Brick yard, Lenox, Madison county, damages for do 1307 State creek, German Flats, Herkimer county, damages for do 1308 Pier No. 123, Albany, damages for do 1309 Dock, Geneva, Ontario county, damages for do 1402 Waters of North Lake reservoir, damages for do 1437 Dam at mouth of Tonawanda creek, damages for .... do 1443 Waste-weir, near Fort Bull, Oneida county, damages for do 1446 (1481 Ditch, from canal, Fort Edward do < 1483 ( 1573 Break, berme bank, Fort Ann, damages for do 1482 Albany pier damages, actions for do 1522 Dam, at Baldwinsville, Seneca river, to be rebuilt of stone do 1597 Ditch, Murray, Orleans county, Erie canal do \ 598 STATUTES OF NEW YORK RELATING TO CANALS. 49 STATUTES. PAGE. Vertical wall, berme bank, Utica, Erie canal Stat., 1638 Ditches. Montezuma, Cayuga and Seneca canal do 1677 Loss of horses, Higginsville side-cut bridge, damages for do 1762 Jack's reef improvement, damages for do 1815 Waters, Chemung canal, in Catharine creek, damages for do 1816 Canal debt and interest, appropriation for do 1823 Shuler's warehouse, Lockport, land damages do 1828 Overflow, Kingsbury, Washington county, damages for, do 1847 Bridge, Ovid street, Seneca Falls, Cayuga and Seneca canal do 1867 Awards, Oneida Lake canal, etc., re-appropriation for, do 1899 Appropriation acts, certain canal expenses do 1907 Break, Boonville, Oneida county, damages for do 2069 Bridge (Dent's), Waterford, Champlain canal do 2085 Bridge, Greece, Monroe county, Erie canal do 2086 Bridges, Beach's and Illingworth's landings, Black river do 2087 Bridge, Beaver river, Lewis county, to construct do 2089 Extraordinary repairs, etc., tax for do 2134 Oneida Lake canal, contracts for construction do 2396 Genesee Valley canal, contract of M. H. Mills do 2397 Tolls, resolution for reduction do 2419 1870. Additional compensation, to provide for Stat., 8 Ordinary repairs, debt, etc., appropriation for do 106 Contracting board, etc., abolishing do 137 Bridge, Cedar and Main streets, Oneida, Erie canal.. do 150 Bridge, upper side-cut, West Troy, damages for do 334 Protection of lands head Onondaga lake, relative to . . do 414 Break, Pool's brook, Onondaga county, damages for. . . do 418 Scajaquada creek aqueduct, Oueida county, damages for, do 420 Bridge, Court street, Binghamton, Chenango canal ... do 420 Dam foot of Otisco lake, damages for in 1868 do 438 Destruction of boats, etc., when navigation is inter- rupted do 520 Swing-bridge, Main street, Albion, Erie canal do 523 Destruction of boats (with intent to defraud), a felony, do 713 Appraisal of damages, general law do 749 Canal and general fund debt, to provide for payment ... do 870 Eight-hour law, on public works do 918 Canal debt and interest, appropriation for do 1072 7 50 CHRONOLOGICAL LIST OF STATUTES. PAGE. Appropriation act, certain canal expenses Stat., 1085 Break (section 4, Erie canal), 1865, to pay contractor for do 1124 Contractors, Champlain canal, for the relief of do 1153 Stone dam, Cohoes, for the relief of contractors do 1304 Highway near Wood creek. Fort Ann, repair of do 1305 Fish -ways in Troy and Fort Miller dam, to construct. . . do 1315 Bridge, Steuben street, Havana, over Falls creek (so- called) do 1336 Section 2, Erie canal, for the relief of contractors do L336 Steam towage, introduction of European system do 1338 Bridge, Main street, Horseheads, Chemung canal feeder do 1341 Ditches, Pendleton and Wheatfield, Niagara county, carry water of Tonawanda creek do 1343 Main and Hamburgh Street canal, Buffalo, to procure more water do 1499 Steam towage, to introduce improved system do 1511 Weighing boats and cargoes, to change present system, do 1513 Oneida Lake canal, certain contracts on do 1827 Drain, Big Flats and Painted Post, for the repair of . . do 1856 Swing-bridge, Main street, Horseheads, Chemung canal, do 1857 Section 2, Black River canal, for relief of contractors. . do 1860 Extraordinary repairs, etc., re-appropriation for do ] .-M 9 Awards and deficiencies, tax for do 1906 Enlargement Champlain canal, appropriation for .... do 2047 Tolls, resolution to reduce do 2149 1871. Additional compensation, to provide for Stat., 12 Harbor master's fees on canal boats in New York, col- lection of do 430 Bridge over Cowasselon creek, Erie canal do 490 Bridge. Buffalo street, Rochester, Erie canal do 688 Swing-bridge, Whitesboro street, Utica, Erie canal .... do 689 Bridge, East Main street, Norwich, Chenango canal . . do 690 Bridge, Chenango street, Binghamton, Chenango canal, do 691 Bridge, Pleasant street, Hamilton, Chenango canal . . do 786 Bridge, Sherburne, Chenango county, Chenango canal . . do 11 15 Bridge, Bouckville, Madison county, Chenango canal . . do 1282 Bridge for railroad purposes, Utica, Erie canal do 1302 Ordinary repairs, etc., appropriation for do Canal debt and interest, appropriation for do 1431 STATUTES OF NEW YORK RELATING- TO CANALS. 51 STATUTES. PAGE. Counsel for state, for payment of Stat, 1447 Swing-bridge, Main street, Albion, Erie canal do 1471 Head Cayuga lake, improvement of do 1576 Extraordinary repairs, etc., re-appropriation for do j ^joo Fish-way in dam, upper aqueduct, Mohawk river do 1792 New methods of towage, reward offered, etc do 1954 Swing-bridge, ship canal, Buffalo do 1996 Swing-bridge, Franklin street, Horseheads, Chemung canal feeder do 2033 Steam towage, amending law of 1870 do 2048 Cable towage, introduction American system do 2064 Swing-bridge, State street, Ithaca, Cayuga inlet do 2065 Dam at Tonawanda, to reduce height of do 2167 Tolls, resolution to reduce do 2182 1872. Swing-bridge. Sandy Hill, Glens Falls feeder Stat., 170 Bridge, Comstock's Landing, Champlain canal do 186 Town of Kingsbury, Washington county, to raise road- bed do 223 New York Steam Cable Towing Company, conferring additional powers do 230 Deficiency bill, regulating drawing warrants, etc do 260 Additional compensation, providing for do 374 Completion of lock No. 2, Erie canal, to provide for . . do 469 Erie basin breakwater, Buffalo, amending act of 1868, do 549 Bridge, Canal street. "West Troy, Erie canal do 562 Swing-bridge, Oswego canal, Syracuse, amending act of 1871 do 720 Ordinary repairs, debts, etc., appropriation for do 838 Extraordinary repairs, etc., amending act of 1871 .... do 856 Improvement of navigation Hudson river, appropria- tion for do 862 Canal debt and interest, appropriation for do 994 Swing-bridge, Ithaca, Cayuga inlet do 1061 Bridge, Watkins, Schuyler county, Chemung canal .... do 1062 Extraordinary repairs, etc., re-appropriation for do 1195 ( 1232 Appropriation acts, certain canal expenses do < 1731 (1782 Commissioner of public accounts, office abolished.... do 1239 Closing highway, Brutus, Cayuga county, damages for do 1255 Steam towage, to encourage do 1278 52 CHRONOLOGICAL LIST OT STATUTES. PAGB. Enlargement Champlain canal and other purposes, re- appropriation for Stat., 1423 Salt Springs, taking water of Erie canal do 1443 Bridge, Madison street, Eome, Erie canal do 1543 Draw-bridge, Hotel street, Utica, Erie canal do 1544 Swing-bridge, Buffalo street, Rochester, Erie canal .... do 1545 Filing of certain claims in canal appraisers' office do 1628 Deficiencies and debt vote for loan, to provide for .... do 1660 Canal and general fund deficiencies, to provide means to pay do 1780 Black Rock harbor and Lower Black Rock, Buffalo, completing certain work do 1786 Bridge, Gates, Monroe county, Erie canal do 1847 Filing certain claims, canal appraisers' office do 1854 Cayuga lake outlet and Seneca river, to remove obstruc- tions do 1858 Bridge, Tonawanda creek, Erie canal do 1859 Bridges, Black river, maintenance, releases, etc do 1860 Portion Chemung canal, Elmira, to use as public street, do 1861 Storehouse, Pratt & Co., Buffalo, damages by dredging, do 1862 Portion Ctienango canal, Binghamton, to use as public street do 1863 Navigation Baldwinsville canal, to improve do 1956 Dam, Mohawk river, Cohoes, to pay for do 1967 Extraordinary repairs, etc., tax for do 2008 1873. Three and one-half mill tax, supervisors may levy or issue bonds Stat., 9 Swing-bridge, Oswego canal, Syracuse, amending act of 1871 do 176 Appropriation for ordinary repairs, to supply deficiencies, do 399 Railroad draw-bridge, Erie canal, Palmyra do 407 Dredging Cayuga inlet, amending appropriation act .... do 523 Preservation of fish on Seneca lake and canals connect- ing do 591 Ilion, Mohawk and Frankfort Horse Railroad Company, relative to do 622 f *(iO Fishing in canals, regulating, etc do Railroad draw-bridge, Erie canal, Lyons do 704 Commission on improved methods of navigation, powers extended one year do 733 Re-appropriation act, for new work, etc do 831 Appropriation for ordinary repairs, from October, 1873, do 875 STATUTES OF NEW YORK RELATING- TO CANALS. 53 STATUTES. PAGK. Swing-bridge, Cayuga inlet, appropriation for Stat., 949 General appropriation act, awards, deficiencies, etc do 999 Tax for canal purposes, sinking fund, interest, etc do 1073 Chenango canal, Binghamton, portion to be used as a public street do 1075 Clark & Skinner canal, Buffalo, damages on do 1107 Appropriation from revenues, for canal debt, interest, etc do 1107 Supply bill, Nine Mile creek, deficiencies, salaries, out- let, Cayuga lake, commissioners' mileage, etc do 1129 New work and extraordinary repairs, appropriation for, and relating to Waterloo dam, Kochester draw- bridge, Black Eock leases, bridge embankments, etc do 1162 Hughes' steam dredge, relative to do 1191 Chemung canal, at Elmira and Horseheads, swing- bridge, Junction canal, etc do 1250 Chenaugo canal, south of Susquehanna river, railroad track on tow-path, conditions, etc do 1251 Tolls, relative to, concurrent resolution do 1389 Obstructions in Seneca river, concurrent resolution ap- pointing commission do 1389 Transportation routes to seaboard, concurrent resolu- tion, committee on do 1391 Amendments to constitution, concurrent resolution, sale of canals, claims, etc do 1393 Amendments to constitution, concurrent resolution to fund canal debt do 1399 Amendments to constitution, concurrent resolution, canal board, superintendent of public works, offices abolished, etc do 1405 THE CONSTITUTION OF THE STATE OF NEW YOKE. Adopted November 3, 1846. AKTICLE Y. SECTION 1. State officers, how elected and terms of office. 2. State engineer and surveyor, how chosen and term of office 3. Canal commissioners, how chosen and terms of office. ********* 5. Commissioners of the land office ; commissioners of the canal fund ; canal board. 6. Powers and duties of boards, etc. 7. Treasurer may be suspended by governor. 8. Certain offices abolished. SECTION 1. The secretary of state, comptroller, treasurer and attorney-general shall be chosen at a general election, and shall hold their offices for two years. Each of the officers in this article named (except the speaker of the assembly) shall, at stated times, during his continuance in office, receive for his services a compensation, which shall not be increased or dimin- ished during the term for which he shall have been elected ; nor shall he receive, to his use, any fees or perquisites of office, or other compensation. 2. A state engineer and surveyor shall be chosen at a general election, and shall hold his office two years, but no person shall be elected to said office who is not a practical engineer. 3. Three canal commissioners shall be chosen at the gen- eral election which shall be held next after the adoption of this constitution, one of whom shall hold his office for one 56 THE CONSTITUTION year, one for two years, and one for three years. The com- missioners of the canal fund shall meet at the capitol on the first Monday of January, next after such election, and deter- mine by lot which of said commissioners shall hold his office for one year, which for two and which for three years ; and there shall be elected annually, thereafter, one canal commis- sioner, who shall hold his office for three years. 5. The lieutenant-governor, speaker of the assembly, sec- retary of state, comptroller, treasurer, attorney-general and state engineer and surveyor shall be the commissioners of the land office. The lieutenant-governor, secretary of state, comptroller, treasurer and attorney-general shall be the com- missioners of the canal fund. The canal board shall consist of the commissioners of the canal fund, the state engineer and surveyor and the canal commissioners. 6. The powers and duties of the respective boards, and of the several officers in this article mentioned, shall be such as now are or hereafter may be prescribed by law. 7. The treasurer may be suspended from office by the governor during the recess of the legislature, and until thirty days after the commencement of the next session of the legis- lature, whenever it shall appear to him that such treasurer has, in any particular, violated his duty. The governor shall ap- point a competent person to discharge the duties of the office during such suspension of the treasurer. 8. All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, produce, manufacture or com- modity whatever, are hereby abolished, and no such office shall hereafter be created by law ; but nothing in this section con- tained shall abrogate any office created for the purpose of pro- tecting the public health or the interests of the state in its property, revenue, tolls or purchases, or of supplying the peo- ple with correct standards of weights and measures, or shall prevent the creation of any office for such purposes here- after. OF THE STATE OF NEW YORK. 57 AKTICLE VII. SECTION 1. Canal debt, sinking fund, June 1, 1846, $1,800>000 ; June 1, 1855, $1,700,000. 2. General fund debt, sinking fund, $350,000 ; after certain period, $1,500,000. 3. $200,000 of the surplus canal revenues annually appropriated to general fund, and the remainder to specific public works ; certain deficiencies in the revenues, not exceeding $250,000 annually, to be supplied from the revenues of the canals. 4. Loans to incorporated companies not to be released or compro- mised. 5. Legislature shall, by equitable taxes, increase the revenues of the sinking fund in certain cases. 6. Canals of the state not to be leased or sold. 7. Salt springs. 8. Appropriation bills. 9. State credit not to be loaned. 10. Power to contract debts limited. 11. Debts to repel invasion, etc., may be contracted. 12. Limitation of the legislative power in the creation of debts. 13. Manner of passing bills imposing a tax. 14. Same subject. SECTION 1. After paying the expenses of collection, super- intendence and ordinary repairs, there shall be appropriated and set apart in each fiscal year, out of the revenues of the state canals, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of one million and three hundred thousand dollars, until the first day of $i>300,ooo. June, one thousand eight hundred and fifty-five ; and from that time the sum of one million and seven hundred thousand $1,700,000. dollars in each fiscal year, as a sinking fund, to pay the inter- est and redeem the principal of that part of the state debt called the canal debt, as it existed at the time first aforesaid, and including three hundred thousand dollars then to be bor- rowed, until the same shall be wholly paid ; and the principal and income of the said sinking fund shall be sacredly applied to that purpose. 2. After complying with the provisions of the first section of this article, there shall be appropriated and set apart out of the surplus revenues of the state canals, in each fiscal year, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of three hundred and fifty sinking thousand dollars, until the time when a sufficient sum shall $350,000. 8 58 THE CONSTITUTION 13 Barb. 63; Ib. 188 3 Seld. 9. have been appropriated and set apart, under the said first sec- tion, to pay the interest and extinguish the entire principal of $1,500,000. the canal debt ; and after that period, then the sum of one million and five hundred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the state debt called the general fund debt, including the debt- for loans of the state credit to railroad companies which have failed to pay the interest thereon, and also the contingent debt on state stocks loaned to incorporated companies which have hitherto paid the interest thereon, whenever and as far as any part thereof may become a charge on the treasury or general fund, until the same shall be wholly paid ; and the principal and income of the said last- mentioned sinking fund shall be sacredly applied to the pur- pose aforesaid ; and if the payment of any part of the moneys to the said sinking fund shall at any time be deferred, by rea- son of the priority recognized in the first section of this arti- cle, the sum so deferred, with quarterly interest thereon, at the then current rate, shall be paid to the last-mentioned sinking fund, as soon as it can be done consistently with the just rights of the creditors holding said canal debt. sinking 3. ( ' Substituted for section three of article seven of the paylnter- original constitution by amendment of 1854.) After paying the said expenses of collection, superintendence and repairs s. of the canals, and the sums appropriated by the first and 1 The following section stood in the original constitution as section three of article seven. Section three, as it now stands, was substituted by an amendment proposed by the legislature in 1853, referred to the legislature of 1854, agreed to by two-thirds of the members elected to each house of that legislature, submitted to the people, and approved and ratified at an election held on the 14th day of February, 1854 : " SECTION 3. After paying the said expenses of superintendence and re- pairs of the canals, and the sums appropriated by the first and second sec- tions of this article, there shall be paid out of the surplus revenues of the canals, to the treasury of the state, on or before the thirtieth day of Sep- tember, in each year, for the use and benefit of the general fund, such sum, not exceeding two hundred thousand dollars, as may be required to defray the necessary expenses of the state ; and the remainder of the revenues of the said canals shall, in each fiscal year, be applied, in such manner as the legislature shall direct, to the completion of the Erie canal enlargement, and the Genesee and Black River canals, until the said canals shall be com- pleted. If, at any time after the period of eight years from the adoption of this constitution, the revenues of the state, unappropriated by this article, shall OF THE STATE OF NEW YORK. 59 second sections of this article, there shall be appropriated and set apart in each fiscal year, out of the surplus revenues of the canals, as a sinking fund, a sum sufficient to pay the interest as it falls due, and extinguish the principal within eighteen years, of any loan made under this section ; and if the said sinking fund shall not be sufficient to redeem any part of the principal at the stipulated times of payment, or to pay any part of the interest of such loan, as stipulated, the means to satisfy any such deficiency shall be procured on the credit of the said sinking fund. After complying with the foregoing provisions, there shall be paid annually out of said revenues, into the treasury of the state, two hundred thousand dollars, $200,000 Da v able to defray the necessary expenses of government. The re- annually mainder shall, in each fiscal year, be applied to meet appropri- revenues ations for the enlargement and completion of the canals men- sury- tioned in this section, until the said canals shall be completed. In each fiscal year thereafter the remainder shall be disposed of in such manner as the legislature may direct, but shall at no time be anticipated or pledged for more than one year in advance. The legislature shall annually, during the next four years, appropriate to the enlargement of the Erie, the Oswego, the Cayuga and Seneca canals and to the completion of the Black River and Genesee Valley canals, and for the enlarge- ment of the locks of the Champlain canal, whenever from dilapidation or decay it shall be necessary to rebuild them, a sum not exceeding two millions two hundred and fifty thou- sand dollars. The remainder of the revenues of the canals, for the current fiscal year in which such appropriation is made, shall be applied to meet such appropriation ; and if the same not be sufficient to defray the necessary expenses of the government, with- out continuing or laying a direct tax, the legislature may, at its discretion, supply the deficiency, in whole or m part, from the surplus revenues of the canals, after complying with the provisions of the first two sections of this article, for paying the interest and extinguishing the principal of the canal and general fund debt ; but the sum thus appropriated from the surplus revenues of the canals shall not exceed annually three hundred and fifty thousand dollars, including the sum of two hundred thousand dollars, pro. vided for by this section for the expenses of the government, until the general fund debt shall be extinguished, or until the Erie canal enlarge- ment and Genesee Valley and Black River canals shall be completed, and after that debt shall be paid, or the said canals shall be completed, then the sum of six hundred and seventy-two thousand five hundred dollars, or so much thereof as shall be necessary, may be annually appropriated to def rap- ine expenses of the government." 60 THE CONSTITUTION shaL be deemed insufficient, the legislature shall at the same session provide for the deficiency by loan. Legisia- The legislature shall also borrow one million and five hun- borrow dred thousand dollars to refund to the holders of the canal $1,500,000. revenue certificates, issued under the provisions 01 chapter four hundred and eighty-five of the laws of the year one thousand eight hundred and fifty-one, the amount received into the treasury thereon. But no interest to accrue after July first, one thousand eight hundred and fifty-five, shall be Provisions paid on such certificates. The provisions of section twelve of of sec. 13 ,. - i not to ap- this article, requiring every law lor borrowing money to be authorized submitted to the people, shall not apply to loans authorized section, by this section. No part of the revenues of the canals, or of the funds borrowed under this section, shall be paid or applied upon or in consequence of any alleged contract made under chapter four hundred and eighty-five of the laws of the year one thousand eight hundred and fifty-one, except to pay for work done or materials furnished prior to the first day of June, one thousand eight hundred and fifty-two. The rates of toll on persons and property transported on the canals shall not be reduced below those for the year one thousand eight hundred and fifty-two, except by the canal board, with the concurrence of the legislature. All contracts for work or materials on any canal shall be made with the person who shall offer to do or provide the same at the lowest price, with ade- quate security for their performance. Loans to 4r The claims of the state against any incorporated com- tedoom^~ pany, to pay the interest and redeem the principal of the tob'e re 1 - * stock of the state loaned or advanced to such company, shall cmnpro- be fairly enforced, and not released or compromised ; and the moneys arising from such claims shall be set apart and applied as part of the sinking fund, provided in the second section of this article. But the time limited for the fulfillment of any condition of any release or compromise heretofore made or provided for, may be extended by law. Legisia- 5. If the sinking funds,, or either of them, provided in by'equi* 11 this article, shall prove insufficient to enable the state, on the. increase* 69 credit of such fund, to procure the means to satisfy the claims nueslf the of the creditors of the state as they become payable, the legis- fu"nd"fn lature shall, by equitable taxes, so increase the revenues of the cases. said fund, as to make them, respectively, sufficient perfectly OF THE STATE OF NEW YORK. 61 to preserve the public faith. Every contribution or advance to the canals, or their debt, from any source, other than their direct revenues, shall, with quarterly interest, at the rates then current, be repaid into the treasury, for the use of the state, out of the canal revenues, as soon as it can be done consist- ently with the just rights of the creditors holding the said canal debt. 6. The legislature shall not sell, lease, or otherwise dispose state can- of any of the canals of the state ; but they shall remain the jjQ7 nsing ' property of the state and under its management forever. 7. The legislature shall never sell or dispose of the salt Sal t springs. springs belonging to this state. The lands contiguous thereto, and which may be necessary and convenient for the use of the TTTT "E 4 salt springs, may be sold by authority of law and under the direction of the commissioners of the land office, for the pur- pose of investing the moneys arising therefrom in other lands alike convenient ; but by such sale and purchase the aggregate quantity of these lands shall not be diminished. 8. No moneys shall ever be paid out of the treasury of Appropri- this state, or any of its funds, or any of the funds under its bins- management, except in pursuance of an appropriation by law ; nor unless such payment be made within two years next after the passage of such an appropriation act ; and every such law, making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum apportioned, and the object to which it is to be applied ; and it shall not be sufficient for such law to refer to any other law to fix such sum. 9. The credit of the state shall not, in any manner, be state . J credit not given or loaned to, or in aid of, any individual association or to be ' loaned. corporation. 10. The state may, to meet casual deficits or failures in Power to contract revenues, or for expenses not provided for, contract debts, but such debts, direct and contingent, singly or in the aggregate, shall not, at any time, exceed one million of dollars ; and the moneys arising from the loans creating such debts, shall be applied to the purposes for which they were obtained, or to repay the debt so contracted, and to no other purpose whatever 62 THE CONSTITUTION Debts to 11. In addition to the above limited power to contract Bion, etc., debts, the state may contract debts to repel invasion, suppress contrac- insurrection or defend the state in war ; but the money aris- ing from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever. Limitation 12. Except the debts specified in the tenth and eleventh fsiative 68 " sections of this article, no debt shall be hereafter contracted the crea- by or on behalf of this state, unless such debt shall be author- tion of all . . debts. ized by a law, for some single work or object, to be distinctly specified therein ; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the leg- islature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be : " Shall this bill pass, and ought the same to receive the sanction of the people ? " The legislature may, at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same ; and may, at any time, by law, forbid the contracting of any further debt or liability under such law ; but the tax imposed by such act, in propor- tion to the debt and liability which may have been contracted in pursuance of such law, shall remain in force and be irre- pealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the repay- ment of such debt or liability, and for no other purpose what- ever. No such law shall be submitted to be voted on within three months after its passage, or at any general election, when any OF THE STATE OF NEW YORK. 63 other law or any bill or any amendment to the constitution shall be submitted to be voted for or against. 13. Every law which imposes, continues or revives a tax, shall distinctly state the tax and the object to which it is to be applied ; and it shall not be sufficient to refer to any other law to fix such tax or object. 14. On the final passage, in either house of the legisla- Manner 01 . . . passing ture, of every act which imposes, continues or revives a tax, mils impo- * ,. .. ' sing a tax. or creates a debt or charge ; or makes, continues or revives any appropriation of public or trust money or property ; or releases, discharges or commutes any claim or demand of the state, the question shall be taken by ayes and noes, which 4Seid.3i7. shall be duly entered on the journals, and three-fifths of all the members elected to either house shall, in all such cases, be necessary to constitute a quorum therein. ARTICLE X. ********** SECTION 2. Officers, how chosen or appointed. 3. Duration of office. ********* 5. Vacancies in office, how filled. 6. Political year. 7. Removal from office. 8. When office deemed vacant. ********* SECTION 2. All county officers whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties, or appointed by the boards of supervisors, or other county authorities, as the legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof as the legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed as the legislature may direct. 3. When the duration of any office is not provided by this constitution, it may be declared by law, and, if not so 64 THE CONSTITUTION OF THE STATE OF NEW YORK. declared, such office shall be held during the pleasure of the authority making the appointment. ***** -x- -;-; # 5. The legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appoint- ment longer than' the commencement of the political year next succeeding the first annual election after the happening of the vacancy. 6. The political year and legislative term shall begin on the first day of January ; and the legislature shall, every year, assemble on the first Tuesday in January, unless a different day be appointed by law. 7. Provision shall be made by law for the removal, for misconduct or malversation in office, of all officers (except judicial) whose powers and duties are not local or legislative* and who shall be elected at general elections, and also for sup- plying vacancies created by such removal. 8. The legislature may declare the cases in which any office shall be deemed vacant, when no provision is made for that purpose in this constitution. AKTICLE XII. SECTION 1. Oath of office prescribed. SECTION 1. Members of the legislature, and all officers, exec- utive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear (or affirm, as the case may be) that 1 will support the constitution of the United States, and the constitution of the state of New York ; and that I will faith- fully discharge the duties of the office of according to the best of my ability." And no other oath, declaration or test, shall be required as a qualification for any office or public trust. STATE OF NEW YORK. COMPILED FKOM THE CONSTITUTION OF EIGHTEEN HUNDRED AND FORTY-SIX, THE REVISED STAT- UTES ADOPTED IN EIGHTEEN HUNDRED AND TWENTY-SEYEN, AND THE SUBSEQUENT STAT- UTES OF THIS STATE UP TO AUGUST, EIGHTEEN HUNDRED AND SEYENTY-THREE, OF A GENERAL NATURE, AND NOW IN FORCE, RELATING TO ITS CANALS ; ARRANGED AND CLASSIFIED UPON THE PLAN OF THE REYISED STATUTES. REVISED STATUTES. PART FIRST. * AN ACT CONCERNING THE TERRITORIAL LIMITS AND DIVISIONS, THE CIVIL POLITY, AND THE INTERNAL ADMINISTRATION OF THIS STATE." CHAPTER Y. OF THE PUBLIC OFFICERS OF THIS STATE, OTHER THAN MILITIA AND TOWN OFFICERS ; THEIR ELECTION OR APPOINTMENT ; THEIR QUALIFICATIONS AND THE TENURE OF THEIR OFFICES. TITLE I. OF THE NUMBEB, LOCATION AND CLASSIFICATION OF THE PUBLIC OFFICERS OF THIS STATE. SECTION 1. Names and number of the several civil officers. SECTION 1. (R. , 1, as amended ly Constitution, Art. V.} ciassmca- There shall be elected or appointed, in the manner hereinafter declared or prescribed, the following civil officers, who shall be arranged in classes to be denominated legislative, judicial and administrative ; but this classification shall not be construed as defining the legal powers of the officers that shall be assigned to either class : 1. 68 OF EXECUTIVE OFFICERS. Executive 2. In the class of executive officers, a governor and lieuten- ant-governor, a secretary of state, a comptroller, a treasurer, an attorney-general [and a state engineer and surveyor]. 1 3 * * * # * * 4:. In the class of administrative officers, three canal com- missioners, * * * three canal appraisers, and so many superintendents of eanal repairs as the canal board shall, from time to time, appoint. TITLE III. OF EXECUTIVE OFFICERS. SECTION 2. Governor and lieutenant-governor, when to be chosen, etc. 3. Secretary of state, and other state officers, term of office, etc. Governor SECTION 2. (Const,, Art. IY, 1.) The executive power shall tenant 6 - be vested in a governor, who shall hold his office for two years ; a lieutenant-governor shall be chosen at the same time and for the same term. secretary 3. (Const., Art. V, 1.) The secretary of state, comptrol- and other ler, treasurer and attorney-general shall be chosen at a general officers. , ' . election, and shall hold their offices for two years. TITLE V. OF ADMINISTRATIVE OFFICERS. SECTION 4. Who commissioners of land office. 5. Who commissioners of canal fund. 6. Three canal commissioners shall be chosen. 7. Canal board, of whom to consist. 8. Superintendents of repairs, how appointed and removed. 9. Collectors of canal tolls, how appointed and removed. 10. Auditor may remove collectors. 11. Three canal appraisers,how appointed ; not to act when interested. comrois- SECTION 4. (7?. /&, 1, modified Const., Art. V, 5.) The the n iand of lieutenant-governor, speaker of the assembly, secretary of office. 1 The Revised Statutes, as amended by constitution, art. 5. Words thus inserted in brackets [ ] are amendments to the original text, authorized by the constitution or the statutes, referred to in the parentheses ( ) in the beginning of each section. OF ADMINISTRATIVE OFFICERS. 6 state, comptroller, treasurer, attorney-general and state engi- neer and surveyor, shall be the commissioners of the land office. 5. (R. S., 2, modified Const., Art. V, 5.) The lieuten- commis- ant-governor, secretary of state, comptroller, treasurer and thTca^ai attorney-general shall be commissioners of the canal fund; but they cannot act, as a board, unless the comptroller shall be present. 6. (Const., Art. V, 3.) Three canal commissioners shall Canal be chosen at the general election, which shall be held next sioners. after the adoption of this constitution * * * and there shall be elected annually, thereafter, one canal commissioner, who shall hold his office for three years. 7. (R. S., 5, modified Const., Art. V, 5.) \ * * The canal board shall consist of the commissioners of the canal fund, the state engineer and surveyor and the canal commissioners. 8. (R. S., 6, amended 1854, oh. 332, 4.) Superintend- superin- ents of canal repairs shall be appointed by the canal board, of repairs, iSTo superintendent of canal repairs shall be removed by any poi canal commissioner during the session of the canal board ; but moved by . . i -,. commis- either of the canal commissioners, when a recess or adjourn- sioner. ment of the canal board shall have been ordered, or shall exist for more than five days, may, during such recess or adjournment, remove any of the superintendents on the division of the canals of which he has charge, and fill the vacancy occasioned by such removal, to continue until the order of the canal board in the matter ; and the commissioners making such removal shall, without delay, report the name of the person removed, and the name of the person appointed, to the canal department, with the reasons for making such removal. On receiving such report, the auditor shall imme- diately give notice to the members of the canal board of a meeting of such board to consider such report ; and if the canal board shall re-appoint the superintendent so removed, he shall not be again removed by a canal commissioner. 9. (7?. S., 7.) Collectors of canal tolls shall be ap- pointed by the canal board, and shall hold their offices for one year, but may be removed at any time by such board. ft) GENERAL PROVISIONS, ETC. Removal. 10. (JR. S., 8, amended 1848, ch. 162, 2.) The [auditor] 1 shall also have power to remove any of the said collectors, at his pleasure, and to fill the vacancy occasioned by such removal, until the next meeting of the canal board. canal 11. (R. S., 9, modified 1836, ch. 287.) There shall be 9 ' nominated by the governor and appointed by him, with the consent of the senate, three officers by the name of canal appraisers. * * * No person shall act as appraiser in any case in which he shall be either directly or indirectly interested. TITLE VI. GENERAL PROVISIONS APPLICABLE TO ALL THE CIVIL OFFICERS OF THIS STATE, OR TO CERTAIN CLASSES OF THEM. ARTICLE 1. General provisions respecting the appointment of officers, their qualifications, the commencement and duration of their offices. 2. Of nominations to offices and commissions to offices. 3. Of the oath of office and official bond. 4. Of resignations, removals, vacancies, etc. 5. Proceedings to compel the delivery of books and papers of public officers to their successors. AKTICLE I. GENERAL PROVISIONS RESPECTING THE APPOINTMENT OF OFFICERS, THEIR QUALIFICATIONS, THE COMMENCEMENT AND DURATION OF THEIR OFFICES. SECTION 12. No person can hold an office unless twenty -one years of age and a citizen. 18. When officers to enter on their duties. 14. Assistants and deputies, how appointed. 15. Their number, how limited. 16. Their powers during a vacancy. 17. Duration of offices. 18. Certain officers to act until their successors qualify. General SECTION 12. (R. S., 1.) No person shall be capable of hold- -les. ing a civil office who, at the time of his election or appointment, 1 Ch. 162, Laws of 1848, 2, is as follows : " 2. All the powers and duties of the chief clerk of the canal depart- ment, and all the powers and duties of the comptroller in relation to the canals, except his powers and duties as commissioner of the canal fund, are hereby transferred to and vested in the said auditor; and the said RESPECTING APPOINTMENT OF OFFICERS, ETC. 71 shall not have attained the age of twenty-one years, and who shall not then be a citizen of this state. 13. (R. /, 3.) All officers elected by the people, unless v ' ' * they shall be elected to supply vacancies then existing, shall enter on the duties of their respective offices on the first day of January following the election at which they shall be chosen. 14:. (R. $., 5.) All assistants, deputies, and other sub- Deputies, ordinate officers of every description, whose appointment is appointed not or shall not be specially provided for, shall be appointed by the body, board or officer, to which, or to whom, they shall be respectively subordinate. 15. (R. S.. 6.) When the number of such subordinate Their number officers is not or shall not be directed by law, it shall be limited at the discretion of the appointing power. 16. (R. $., 7.) In all cases not otherwise provided for, Their each deputy shall possess the powers, and perform the duties, attached by law to the office of his principal, during a vacancy in such office, and during the absence of his principal. 17- (R. /, 8.) Every office of which the duration is not Duration prescribed by the constitution, or is not or shall not be de- officer, clared by law, shall be held during the pleasure of the author- ity making the appointment. 18. (R. S., 9.) Every officer duly appointed, except the Officers to justices of the supreme court, who shall have duly entered on 24 wend, the duties of his office, shall continue to discharge the duties Paige, 209 21 Barb thereof, although his term of office shall have expired, until a eoo. successor in such office shall be duly qualified. ****** auditor shall also be secretary of the commissioners of the canal fund, and of the canal board." Under this section, it is necessary to insert the word " auditor," in place of " comptroller," in many of the existing statutes. In this Manual, such change will be indicated by printing the word " [auditor] " in brackets, and in some cases the reference to the act of 1848 may be omitted. 72 GENERAL PROVISIONS, ETC. AETICLE III. OP THE OATH OF OFFICE AND THE OFFICIAL BOND. SECTION 19. Persons elected or appointed to civil offices to take oath. 20. Time within which such oath is to be taken. 21. Before whom such oath may be taken. 22. Oaths when certified to be deposited with certain officers. 23. Deputies to take oaths. 24. Official bonds to be filed within the same time that oath is tc be filed. 25. Notice to be given of neglect to file official bond or oath. 26. Duty of comptroller [or auditor] when bond is not filed in time. 27. Bond to be deemed in full force until successor is appointed and qualified. 28. Sureties exonerated after renewal of bond. 29. Penalty for acting without oath or bond. 30. Office of commissioners of public accounts abolished. Oath of SECTION 19. (R. <&, 20.) Every person who shall be office. , . " elected or appointed to any civil office or public trust embraced in this chapter, before he shall enter on the duties of such office or trust, shall take the following oath or affirmation : " I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of New York ; and that I will faith- fully discharge the duties of the office of according to the best of my ability. when to 20. (R. S.j 21.) Whenever a different time shall not be prescribed by law, such oath of office shall be taken and subscribed, and deposited in the proper office, within fifteen days after the officer shall be notified of his election or appoint- ment, or within fifteen days after the commencement of his term of office. Before 21. (R. /&, 22.) The oath may be taken and subscribed, except where otherwise provided, before any justice of the supreme court, the secretary of state, the attorney -general, the lieutenant-governor, the president of the senate for the time being, the speaker of the house of assembly, any judge of any county court, any mayor or recorder of any city, the clerk of any county or city, or of any court of record. Howde- 22. (R. S., 24, amended 1848, ck. 72, 2, and modified posited ^ Const. Art. XIV, 8.) Every such oath, duly certified by OATH OF OFFICE. the officer before whom the same was taken, shall be deposited - within the time required by law, as follows : 1. The oath of the governor, lieutenant-governor, justices a- of the supreme court, comptroller, secretary of state, attorney- general, treasurer [state engineer and surveyor] ; of the mem- of the senate and assembly, and of the clerks, sergeants-at- arms and door-keepers thereof ; of the canal commissioners, and all other executive and administrative officers, whose authority is not limited to any particular district or county, except where otherwise directed, in the office of the secretary of state. ****** 5. The oaths of notaries public, superintendents of canal do - repairs, and collectors of canal tolls, in the office of the clerk of the county in which they reside. 6. The oaths of all judicial, executive and administrative do officers appointed or elected for any county or city, and of all officers whose duties are local, or whose residence in any par- ticular district or county is prescribed by law, in the office of the clerk of the county in which they reside. 23. (JR. S.. 25.) Whenever any officer is authorized or Deputy' J oath. required by law to appoint a deputy, such deputy shall take the same oath of office within fifteen days after his appoint- ment, and shall cause the certificate thereof to be filed in the office where his principal is required to file his oath. 24. (R. S., 26.) "Whenever any officer is required by law to execute any official bond, he shall cause the same to be filed in the proper office within the time herein prescribed for filing his oath of office, unless otherwise provided by law. 25. (R. S., 27.) In case any officer who is required to file the certificate of his oath of office, or his official bond, with the secretary of state, or with any county clerk, shall neglect to do so within the time required by law, it shall be the duty of such secretary or clerk immediately to give notice of such neglect to the governor. * 26. (R. S., 28, and 1848, ch. 162, 2.) Whenever any do. official bond is required by law to be filed with the comptrol- ler [or auditor], and there shall be a neglect to file the same within the time prescribed, the comptroller [or auditor] shall immediately give notice thereof to the governor, in case the 10 GENERAL PROVISIONS, ETC. Liability on bond. UabHfty when ter- minated. Penalty for acting without oath or bond. 29 N.Y. Rep. 53*. Commis- sioners of public ac- counts abolished. officer was commissioned by him, and if not so commissioned, then to the board or body which appointed the officer so neg- lecting. 27. (R. S., 29.) Every bond executed by any officer, pursuant to law, for the faithful discharge of the duties of his office, shall be deemed to be in force and obligatory upon the principal and sureties therein, so long as such officer shall continue to discharge the duties of his office, and his successor shall be appointed and duly qualified. 28- (^. /&, 30.) But the sureties in any such bond shall be exonerated from all liability by reason thereof for all acts and omissions of their principal after he shall have duly renewed any official bond pursuant to law. 29. (JR. /&, 31.) If any person shall execute any of the duties or functions of any office, without having taken and subscribed the oath of office required by law, or without having executed and filed in the proper office any bond required by law, he shall forfeit the office to which he may have been elected or appointed, and shall be deemed guilty of a misde- meanor punishable by fine or imprisonment. 30. (1872, ch. 541, 1.) * * * The office of the com- missioners of public accounts is hereby abolished, to take effect on the first day of October, 1872. * #1 AETICLE IT. OF RESIGNATIONS, VACANCIES AND KEMOVALS, AND MEANS OF SUPPLYING THEM. SECTION 31. Resignations, to what officers to be made. 32. Resignations, where filed in cases not otherwise provided for. 33. Offices, when to become vacant. 34. Governor may remove certain officers appointed by him. 35. On judgment for breach of bond he may declare office vacant. 36. Governor may supply certain vacancies by temporay appoint- ments. 37. Vacancies in office of canal commissioner to be filled by legis- lature when in session, by the governor at other times. 38. Vacancies in certain cases to bn filled by election. 39. Caption of ballot. 40. Governor to fill certain offices when vacancies occur. 1 For legislation establishing the office of commissioners of public accounts, see Laws of 1857, ch. 592, and 1862, ch. 223. OF RESIGNATIONS, ETC. 75 SECTION 31. (^?. /&, 33.) Resignations shall be made as Resigna- F n tion to tOilOWS : whom to 1. By the governor, lieutenant-governor, secretary of state, comptroller, treasurer and attorney-general [state engineer and surveyor], to the legislature. 2. By all officers appointed by the governor alone, or by him with the consent of the senate to the governor. * * * # * * * 8. By all other officers to the body, board or officer that appointed them. 32. (1850, ch. 126.) In all cases not otherwise provided do. for by law, resignation of an office may be made by filing in filed in . -L , J , J . . cases not the office of the secretary of state a written resignation thereof, provided, signed by the incumbent ; and thereupon the office so relin- quished shall be deemed to be vacant. 33. (R. , 34.) Every office shall become vacant on the when offi happening of either of the following events before the expira- come vacant. tion of the term of such omce : 1. The death of the incumbent. 2. His resignation. 3. His removal from office. 4. His ceasing to be an inhabitant of the state, or if the office be local, of the district, county, town or city for which he shall have been chosen or appointed, or within which tfie duties of his office are required to be discharged. 5. His conviction of an infamous crime, or of any offense involving a violation of his oath of office. 1 6. His refusal or neglect to take the oath of office within the time required by law, or to give or renew any bond within the time prescribed by law. 7. The decision of a competent tribunal, declaring void his election or appointment. 34. (J2. S.j 38.) All officers who are or shall be ap- Governor's pointed by the governor for a certain time, or to supply a removal, vacancy, may be removed by him.* 1 For statutes relating to bribery, sale of offices, and for determination of charges against officers, see Laws of 1853, ch. 539 ; 1863, ch. 51, and 1866, ch. 629. s See, also, 1867, ch. 335, post, % 40. 7G GENERAL PROVISIONS, ETC. Effect of judgment on bond. Tempo- rary ap- point- ments. Canal commis- sioners. By the governor. When not in session. 35. (ft. 8., 40.) The governor may also declare vacant the office of every officer required by law to execute an official bond, whenever a judgment shall be obtained against such officer for a breach of the condition of such bond. 36. (7?. S., 42.) The governor may supply all vacancies that may happen .during the recess of the senate, in any office to which an appointment shall have been made by the governor, with the consent of the senate [* * *]', by granting com- missions, which shall expire at the end of twenty days from the commencement of the next meeting of the senate. 37. (1847, ch. 360, 1.) Whenever, from any cause, the office of canal commissioner shall become or be vacant at or during a period when the legislature shall be in session, it shall be and is hereby made the duty of the legislature to appoint some proper person to fill such vacancy in the same manner as is now prescribed by law for filling vacancies in the office of regent of the university ; and whenever, from any cause, the office of canal commissioner shall become or be vacant at a period when the legislature is not in session, it shall be and is hereby made the duty of the governor (or per- son acting as governor) to appoint some proper person to fill such vacancy, and to cause such appointment to be duly filed in the office of the secretary of state, and the person appointed to such office, in either of the modes herein provided for, shall be entitled to all the privileges and subject to all the duties and liabilities of such office, and shall hold this office by virtue of such appointment, until the commencement of the political year next succeeding the first annual election after the happen ing of the vacancy which he was appointed to fill, and no longer, if the unexpired term of the office which such appoint- ment shall be made to fill shall continue so long. 2 vacancies 38- (Same ck., 2.) Whenever the office of canal com- cases'to'be missioner shall become vacant, and the unexpired term of such office so becoming vacant shall extend beyond the commence- 1 Certain exceptions relating to judicial officers are omitted from this sec- tion, such provisions having been modified by the constitution of 1846. 2 See, also, 6, ch. 280, Laws of 1844, which provided that any vacancy happening in this office during the session of the legislature should be sup- plied in the manner then established for the . appointment of secretary of state, and also for appointment by the governor when the vacancy occurred during the recess. filled by election. VACANCIES. 77 ment of the political year next succeeding the first annual election after the happening of such vacancy, there shall be chosen at the annual election which shall be held next after the happening of such vacancy, in the same manner as other canal commissioners are elected, a canal commissioner to fill such vacancy, and the person so elected shall hold such office and discharge the duties thereof for the residue of such unex- pired term, from and after the commencement of the political year next succeeding such election. 39. (Same ch., 3.) "Whenever any person is voted for Caption of to fill a vacancy in the office of canal commissioner, the person so voted for shall be designated under the caption for " canal commissioner," by the words " to fill vacancy." 40- (1867, ch. 335, 1, amending chaps. 29 and 46 of when ffovcrnor 1849, modified Ijy amendment to Constitution, 1869, Art. FT, toflii 2.) Whenever vacancies shall exist or shall occur in any of the offices of this state, where no provision is now made by law for filling the same, the governor shall appoint some suit- able person, who may be eligible to the office so vacant or to become vacant, to execute the duties thereof until the com- mencement of the political year next succeeding the first annual election after the happening of the vacancy at which such officer could be by law elected ; and the person so ap- pointed to fill such vacancy shall possess all the rights and powers, and be subject to all the liabilities, duties and obliga- tions of such officer, as they are now or may hereafter be pre- scribed by law ; provided, however, that when a vacancy exists in the offices of secretary of state, comptroller, treasurer, attorney-general, state engineer and survey or [*] or canal com- missioner, or a resignation has been actually sent in and accepted, to take effect at a future day, while the legislature is in session, the two houses thereof, by joint ballot, shall appoint a person to fill such vacancy, actual or prospective ; and any person appointed by the governor by and with the advice and consent of the senate, whether in case of vacancy or otherwise (except state prison inspectors), may be removed from such office by concurrent resolution of both houses of the legislature. On such removal both houses shall, by joint ballot, appoint a person to the office made vacant thereby. 1 The words " Clerk of court of appeals " omitted. His appointment is now provided for, by amendment to tlie constitution of 1869, art. 6, 2. 78 OF THE CANAL FUND. AKTICLE Y. PROCEEDINGS TO COMPEL THE DELIVERY OF BOOKS AND PAPERS BY PUBLIC OFFICERS TO THEIR SUCCESSORS. 1 1 See 1st ed. Revised Statutes, vol. 1, p. 124 ; or 5th ed. Revised Statutes, vol. 1, p. 416. CHAPTER IX. OF THE FUNDS, REVENUE, EXPENDITURES AND PROPERTY OF THE STATE; AND THE ADMINISTRATION THEREOF. ***#** TITLE II. Of the canal fund, and the administration thereof. ****** V. Of the public lands, and the superintendence and disposition thereof. ****** IX. Of the canals. TITLE II. OF THE CANAL FUND, AND THE ADMINISTRATION THEREOF. SECTION 41. Designation and description of the canal fund. 42. Certain part of the canal fund pledged. 43. Statement of the canal debt. 44. Commissioners of canal fund, of whom to consist. 45. To superintend and manage the fund. 46. Their duties ; auditor to report annually the state of the fund. 47. Surplus revenues, how to be applied. 48. Surplus revenues, how invested. 49. May invest in other stock in certain cases. 50. May regulate deposits of money belonging to canal fund. 51. Auditor to report deposits, interest, etc. LOANS. 52. May borrow money for deficiency in canal debt. 53. May borrow in case of unavailable funds. 54. May make regulations as to transfers of stock, returns, etc. 55. Canal stock certificates to be signed and sealed by auditor. 56. Auditor to prepare certificates of canal stock. 57. Certificates returned to be preserved. 58. Books to be delivered by cashier of Manhattan company. 59. Books to be preserved. LOANS. 79 SECTION 60. Cashier to issue new certificates for those surrendered aud canceled. 61. Cashier to write " stock surrendered " on said books, and de- liver canceled certificates. 62. Provision for payment of fractional parts or re-issues. 63. Proposals for loans to be advertised for. 64. Commissioners to prescribe rules for transfer of stock. 65. Commissioners may borrow for canal purposes under consti- tution, Art. VII, 10. 66. Commissioners to establish an office for transfers at a bank in New York. 67. Responsibility of such banks. 68. Stocks transferable only at such office. 69. Certificates of stock, how issued. 70. Issues and transfers, how regulated. 71. Powers of attorney to transfer stock. 72. Not revoked in certain cases. 73. Manner of verifying powers of attorney. 74. Lost certificates may be renewed. 75. New certificates to representatives of deceased foreign owners. 76. Certificates, when to be issued to executors of deceased foreign owners. 77. Commissioners may borrow $2,250,000, at six per cent per annum, for enlargement. 78. $2,250,000, from remainder of surplus revenues, appropriated for enlargement. 79. Commissioners to borrow $1,500,000. 80. To pay revenue certificates issued under ch. 485 of 1851. 81. $1,250,000 for interest ; $155,820.37 for sinking fund. 82. Premiums, how invested and applied. 83. Moneyed corporations may buy and sell stock. 84. $2,250,000 may be borrowed to meet appropriations made by ch. 330 of 1854. 85. May borrow $2,250,000 for work on canals. 86. May borrow $2,250,000 for enlargement. 87. May borrow $2,500,000 for floating debt. 88. Moneys, how applied. 89. Proceeds to pay debts. 90. Annual tax to pay principal and interest, 91. When the fourth section may be repealed. 92. This act shall be submitted to the people. COSTS AND LEGAL PROCEEDINGS. 93. Canal fund commissioners may allow claims for costs, ex penses, etc., against canal officers. 94. Examination of claims for costs, etc. 95. Commissioners may direct the attorney-general or employ counsel to defend the interest of the state. 96. Canal fund or canal commissioners may bring certiorari. 97. Proceedings. 98. Certiorari not to prevent appeal. 99. Actions in behalf of the people to have preference. 100. Appeals may be brought without security. OF THE CANAL FUND. SECTION 101. Appeals to have preference. 102. Injunctions must be applied for in the district where the board or duty is located. 103. Governor may appoint counsel in injunctions in certain capes. 104. Proceedings in civil suits in behalf of the people. CHARGES ON CANAL FUND. 105. Charges on the canal fund. 106. Deficiencies in revenues of lateral canals to be paid by Erie and Champlain. 107. Expenses of canal appraisers' office to be paid from the revenues. 108. May pay ex-canal appraisers for returns to appeals. CANAL DEPARTMENT. 109. The canal department constituted. OF THE AUDITOR HIS POWERS AND DUTIES. ^.10. Office of, created ; chief clerk abolished. 111. Powers and duties of auditor. 112. Seal of office. 113. Books and papers, where deposited. 114. Copies certified by auditor may be used in evidence. 115. May employ and pay clerks. 116. Statement of tolls, trade and tonnage. 117. State dues to be paid into state treasury. 118. Balances to be credited to state treasurer. 119. May order treasurer to transfer funds. 120. Canal fund moneys to be paid by the treasurer on the warrant of the auditor. 121. Auditor's warrant to specify chapter and date of law and item of appropriation. 122. Auditor to countersign treasurer's checks. 123. Accounts of receipts and payments to be kept by auditor. 124. Annual report of receipts and payments. 125. To be made to legislature hereafter. 126. May designate an acting auditor. 127. May designate deputy auditor. 128. May designate secretary of canal board. 129. Governor shall appoint auditor. 130. May suspend him for violation of duty. 131. Term of office and salary. 132. Compensation of clerks. 133. Department expenses to be paid from canal fund. 134. Pay of collectors, weighmasters, etc. 135. Penalties remitted and tolls refunded, how paid. 136. Auditor may remove collectors. 137. Payment of damages for land, etc., when to be made. 138. Money for damages, where the property is incumbered, to be deposited. 139. Certificate of title to be filed before payment of damages. 140. To refuse payment of drafts on estimates unless verified as provided by law. OF THE CANAL FUND. 81 SECTION 141. Payments to contractors, how made. 142. Measurement to accompany receipt. 143. To advance expenses of engineer department. 144. Engineers to file bond. 145. Engineers to render accounts quarterly. 146. Engineers' accounts to be certified by canal commissioners. 147. Advances to superintendents of repairs. 148. Superintendents to make detailed estimates. 149. Estimates to be certified by commissioner. 150. Purchases to be made for cash ; auditor to prescribe rules and require proof of payment. 151. To settle with canal commissioner and report sums paid and names to the legislature. 152. Auditor to act in place of canal commissioner when latter dis- qualified. 153. Duties of auditor as to water on Syracuse level. 154. Attorney-general to prepare papers when requested. 155. Auditor to prepare and distribute blanks. INTEREST. 156. Awards and certificates to bear interest after certain times specified. 157. Interest to cease after notice by auditor of funds provided. 158. Treasurer to pay interest on warrant of auditor. ACCOUNTS, PRINTING, ETC. 159. Fiscal year defined. 160. Books and accounts to be adapted thereto. 161. Annual accounts to be closed September 30. 162. Reports to be in hands of printer by 10th of December. 163. Of the public printing. TAX FOR DEFICIENCIES. 164. Counties may levy tax for 3 mill tax of 1872. 165. Or may issue bonds. 166. Actions of supervisors legalized. 167. Bonds, how to be issued. 168. Taxes imposed under chapter 734 of 1872, legalized. 169. Loans for same purpose legalized. REPAIR CONTRACTS ABOLISHED. 170. Repair contract system and the contracting board abolished (with note and statement of statutes relating thereto). OF THE CANAL, FUND. SECTION 41. (R. S., 1.) The canal fund shall continue to 9*^ fund. consist of the following property : 1. Lands granted for the construction of the canals, by the state, by companies, or by individuals, and remaining unsold. 2. Debts due for such portions of said lands as have hereto- fore been sold. 11 82 OF THE CANAL FUND. 3. The tolls and commutation moneys, imposed on and collected from such navigable communications belonging to the state, as now are or hereafter shall be made and completed 4. [6.] All moneys received for the sale or use of the sur- plus waters of any canal belonging to this state ; and, 5. [Y.] All moneys recovered in suits for penalties or dam- ages instituted under the canal laws. 1 certain 42. (R. 8., 2, and Const., Art. VII, 3.) Such parts of pledged, the said fund as are designated in the tenth section of the seventh article of the constitution of this state [Constitution of 1822], are to be and remain inviolably appropriated arid applied to the completion of the navigable communications specified in that section, and to the payment of the interest and the re-imbursement of the capital of the money borrowed to make and complete the same. 8 The rates of toll on persons and property transported on the canals, shall not be reduced below those for the year one thousand eight hundred and fifty- two, except by the canal board with the concurrence of the legislature. canal 43. (1850, ch. 375, 2.) The canal debt as it existed on debt. tue -g rst ^ av O f j un6j 1846, is hereby declared to include all canal debts which existed prior to that day, arising on contracts or for land appropriated and used previous to said first day of June, 1846, which debts shall be ascertained and awarded in the manner required by law ; and such debts, when thus ascer- tained and awarded, shall be paid from the canal debt sinking fund in the same manner as other portions of the canal debt. 1 The original subdivisions 4 and 5 were abrogated by the amendments to the constitution adopted in 1835 (relating to duties on salt and sales at auction). The Revised Statutes, 1 and 2 embodied the provisions of article 7, 10, of the constitution of 1822. 2 The latter clause of the original 2 is omitted, and the provision of 3, art. 7, Const., 1846, relating to tolls is added. The clause omitted waa as follows : "And rates of toll not less than those agreed to by the canal commission- ers, and set forth in their report to the legislature of the twelfth of March, one thousand eight hundred and twenty-one, are to be imposed on and col- lected from all parts of such navigable communications." Chapter 485 of 1851, 11, authorized the canal board to adjust the rates of toll in such a manner as to produce the greatest amount of trade and revenue, but this act was repealed by ch. 338, Laws of 1854. So far as any of the provisions of the original section (R. S., 2) are in force, they now relate wholly to tolls, the other sources of revenue having been diverted or abolished. OF THE CANAL FUND. 88 44. (Const., Art. V, 5.) * * * The lieutenant-go v- commis- ernor, secretary of state, comptroller, treasurer and attorney- canal"" general, shall be commissioners of the canal fun^L 45. (JR. 3., 4.) The canal fund shall continue to be Superin- tendents superintended and managed by the commissioners of the canal of the fund, a majority of whom, including the comptroller, shall be a quorum for the transaction of business ; but the care and disposition of all lands belonging to the canal fund, shall be vested in the commissioners of the land office. % 46. (JR. S., 5, amended 1861, oh. 177, 7.) It shall be Their the duty of the commissioners of the canal fund, to manage, to the best advantage, all things belonging to that fund ; to recommend from time to time to the legislature, the adoption of such measures as may be thought proper by them for the improvement of the fund ; and [the auditor shall] report to the legislature at the opening of every session thereof, the state of the fund. 47. (R. /&, 7.) The commissioners of the canal fund Appiica- shall, from time to time, apply the surplus revenues of the surplus canal fund, after paying the interest of the canal debt, to the purchase of canal stock of this state, if in their opinion such stock can be purchased on advantageous terms. And the cer- tificates of stock so purchased shall be canceled. 48. (1839, ch. 325, 5.) The commissioners of the canal surplus canal fund are hereby authorized from time to time, to invest any revenue, surplus revenues of that fund in any stocks for the payment of which the faith of this state is or shall be pledged, and any such investments heretofore made are hereby confirmed. 49. (R. &, 8.) Whenever the commissioners shall be unable to purchase canal stock upon terms by them deemed advantageous to the state, they may invest such surplus rev- enues in the public stocks of the United States, or any public stock created by the corporation of the city of New York or Albany, and, from time to time, may re-invest the interest or dividends upon such investments, as part of such surplus revenues. 50- (1831, ch. 286, 1 ; amended 1852, ch. 370.) The commissioners of the canal fund may deposit the moneys be- OF THE CANAL FUND. longing to the said fund, with any safe incorporated moneyed institutions [or banking associations in this state], and may make such contracts with such institutions, for the interest on and duration of such deposits, as shall be most promotive of the interests of said fund. 1 Auditor to 51. (Same cA., , 2; amended 1861, oh. 177, 7.) [The place of auditor] shall, in [his] annual report to the legislature, specify the institutions holding all such deposits, the amount of each, and the rate of interest paid thereupon. Money may be borrowed for defici- ency to , pay inter- est and principal of canal debt. Provision in case of unavail- able funds. LOANS. 52. (1848, oh. 216, 2 ; amended 1855, ch. 335, 3.) If the sinking funds, or any of them, provided in article seven of the constitution, shall at any time be insufficient to pay the interest and redeem the principal of any part of the state debt (chargeable upon the revenues of the canals, by article seven of the constitution), as the same shall become due and pay- able, the commissioners of the canal fund shall be authorized, under the provisions of said article seven, to borrow on the credit of such funds or fund, payable in such time, not exceed- ing eighteen years, and bearing such rate of interest, not ex- ceeding seven per cent per annum, as they may deem most beneficial to the interest of the state, to supply such deficiency ; and the comptroller shall be authorized to issue stock therefor, in the manner provided by law for the issue of stock in other cases. 53. (1848, ch. 215 ; amended 1849, oh. 230.) If any of the stocks or unavailable funds that have been appropriated toward the completion or improvement of any of the canals, shall be unavailable to meet the contracts now made, or that may hereafter be made upon the faith of such appropriations, it shall be lawful for the commissioners of the canal fund to borrow upon the credit of such stocks and unavailable funds, at a rate of interest not exceeding seven per cent per annum, an amount not exceeding the nominal amount thereof, to be re- paid from the avails of such stocks or unavailable funds, and pledging the faith of the state to make good any deficiency 1 Ch. 370, 1852, amends 16, ch. IX, title 2, part 1, Revised Statutes, by inserting the words " or banking associations," immediately after the words " safe incorporated moneyed institutions." There is no 16 in the Revised Statutes, 1st ed. The law of 1831 appears as 11, in the 2d ed., as 16 in the 3d ed., and as 41 in the 5th ed. LOANS. 85 remaining thereon ; and the comptroller is hereby authorized to issue stock therefor, in the same manner as is provided by law for the issue of stock in other cases. 54. (1830, ch. 242, 3.) The commissioners of the canal fund shall, from time to time, prescribe such rules and regula- tions, to be in accordance with the existing statutory provisions, relative to the transfer of all or any of the public stocks of this state, and the division and consolidation of the certificates thereof, as they shall think advisable and proper, and may alter and modify the same. The said commissioners may also re- quire such returns to be made to the [auditor], by the officer or person authorized by law to transfer said stocks, and pay the interest on any loan, as they may deem reasonable and expedient. 55. (1857, ch. 783, 4.) All certificates of stock hereafter certificate issued by or under the direction of the commissioners of the be signed canal fund, and purporting to be issued from the canal depart- ment, shall be signed by the auditor of the canal department instead of the comptroller, and be sealed with the seal of the canal department, instead of the seal of the comptroller. 56. (1831, ch. 320, 2 ; modified by 1848, ch. 162, and comptroi- 1857, ch. 783, 4.) It shall be the duty of the comptroller auditor to DrGD3TG [or auditor, in case of all canal loans made since April 17> certificates ' TIT 11- of stock. 1857], from time to time, to prepare and deliver to the cashier of the Manhattan Company, or such other officer as shall at any time be designated or authorized to issue certificates of stock created or to be created under the laws of this state, suitable books, containing certificates of stock, of the form and description, as *near as may be, as are now used ; which said certificate shall be filled up in the handwriting of said comp- troller [or auditor,] or such one of the clerks in his office as he shall from time to time designate, of the following denomina- tions : one dollar, fifty dollars, one hundred dollars, three hun- dred dollars, five hundred dollars, one thousand dollars, three thousand dollars, five thousand dollars, ten thousand dollars ,and twenty thousand dollars ; and said certificates shall be numbered and signed by the comptroller, [or auditor] with the addition of his name of office. Said books shall also be prepared with broad and proper margins, in which shall be written out, at length, the denominations or amounts of said certificates, with the corre- 86 OF THE CANAL FUND. spending numbers, and shall be signed by the comptroller [or auditor]. 57. (Same ck., 3.) It shall be the duty of the cashier of turned e to the Manhattan Company, or such other officer as shall be author- served", ized or designated to issue certificates of stock, to preserve all certificates returned to him ; and whenever he shall issue cer- tificates of stock, after he shall be furnished with the books in the last section mentioned, he shall take them from said books, and sign and date the same ; and he shall write in the margin of the date when, and the person to whom, any certificate shall have been issued. Books to be deliv- ered. 58. (Same ch. , 4.) On the fourth Monday of September in each year, it shall be the duty of the comptroller [or auditor] to receive from the said 'cashier, or other officer as aforesaid, all such books, the certificates from which shall have been cut, and to receive and compare therewith the certificates of stock returned ; and if the amounts correspond, after the necessary allowance for any new stock authorized to be issued by this state, to furnish said cashier or other officer with the proper voucher thereof. And to be 59. (Same ch.j 5.) It shall be the duty of the comp. troller [or auditor] to preserve the books and certificates returned (after seeing that said certificates are canceled) in some proper and safe place of deposit. To give tic- 60. (Same ch., 6.) It shall be the duty of the comp- neVcerti- troller [or auditor] to give notice, in two of the public news- be a issued. papers printed in the city of New York, and in such other papers as he shall deem proper, and to renew the same from time to time, that new certificates of stock will be issued, of the form pointed out in the second section of this act, and to request the holders of certificates of stock to surrender and cancel their old and receive such new certificates. Stock sur- rendered. 61. (Same ch., 7.) It shall be the duty of said cashier, or such officer as shall be designated in his place as aforesaid, whenever any certificate of stock shall be surrendered and canceled as aforesaid, to issue new certificates from the afore- said books, and to write in the margin thereof, " stock surren- dered ; " and the certificates so canceled shall be preserved and delivered to the comptroller [or auditor.] LOANS. 87 62. (Same oh., 8.) In case any one of the denomina- certm- tions of certificates does not correspond with the stock trans- fractional ferred or canceled as aforesaid, certificates of different denonii- l nations may be issued to meet the amount ; and in case the holders of stock prefer selling the fractional parts of their stock, less than $100, to receive certificates therefor, the said cashier, or other officer appointed in his place, is directed to purchase any said fractional parts ; and the comptroller [or auditor] is directed to pay over to said cashier, or other officer designated in his place, the necessary moneys to meet advances under this section, and charge the same to the funds of the Erie and Champlain canals. 63. (^. S.j 9.) Whenever the commissioners of the shall ad- canal fund shall be authorized to borrow money upon the proposals, credit of the state, they shall, previous to any loan to be made by them, give notice that sealed proposals will be received to a given day, and until a certain hour of such day, to be named in the notice ; which notice shall be published in two news- papers in each of the cities of New York and Albany, and continued for two weeks daily in the New York papers, and at least twice a week in the Albany papers. And the propo- sals received by them shall not be opened until the hour speci- fied in such notice. 64. (1849, ch. 228.) If the legislature, the canal board, General commissioners of the canal fund, or canal commissioners, shall to borrow at any time, by virtue of constitutional and legal authority vested in them, authorize or require the payment of any sum of money out of the canal fund, for any purpose connected with the canal expenditures, to which the revenues of the canals are not applicable under the restrictions of the consti- tution, the commissioners of the canal fund shall be authorized, under the tenth section of the seventh article of the constitu- tion, to borrow such sum of money payable in such time, not exceeding eighteen years, and bearing such rate of interest, not exceeding seven per cent per annum, as they may deem most beneficial to the interests of the state ; and the comp- troller shall be authorized to issue stock therefor, in the man- ner provided by law for the issue of stock in other cases. 65. (1832, ch. 296, 8 2.) When there shall not be monev May re- * deem in the treasury belonging either to the general fund, the litera- stock in 88 OF THE CANAL FUND. certain ture fund, or the common-school fund, and money shall be needed for the purposes of the government, the comptroller shall give notice thereof to the commissioners of the canal fund, and they shall redeem with money belonging to the Erie and Champlaiii canals, the Erie and Champlain canal stock, held by and belonging to the literature and common- school fund ; and when all such stock shall be redeemed, the said commissioners shall purchase at par the stock of the Cayuga and Seneca, of the Oswego, and of the Hudson and Delaware canals, held by and belonging to either the litera- ture or common-school funds in the order here mentioned, and in such portions and parcels as the wants of the general fund shall require; and the stock so purchased shall be assigned to and held by the commissioners of the canal fund for the Erie and Champlain canals. 1 Offices for 66. (1840, ch. 288, 1.) The commissioners of the canal transfer of fund are hereby authorized to contract, in behalf of the people stock to be establish- of this State, with any bank in the city of N ew York, to estab- Tork. lish an office in such bank for the issue and transfer of certifi- cates of any stock authorized by the laws of this state, for any loans made in its behalf by the comptroller or the said com- missioners, and to allow such compensation as shall be reason- able for conducting the said business. The said commissioners may change or terminate any such contract and make other like contract with any bank in the city of New York. Responsi- 67. (Same c/i., 2.) The bank with which any such con- such bank, tract shall be made shall be responsible to the people of this state for the faithful and safe conducting the business of the said office, for the fidelity and integrity of the officers and loss or damage which may result from any omission to dis- charge their duties, and for any improper or incorrect discharge of those duties. Transfers 68. (Same ch., 3.) All certificates of stock heretofore or hereafter issued under the authority of this state for any loan made in its behalf, by the comptroller or the said commission- ers, shall be transferable only at the office so established, 1 This section does not appear in any of the later editions of the Revised Statutes. It may be modified or repealed by the provisions of the cousti tution of 1846, relating to the funds of the state. LOANS. 89 according to the regulations which shall be prescribed by the said commissioners, which regulations shall be obligatory on all persons having any interest in such certilicates. 69. (Same ch., 4.) Certificates of stock which shall be hereafter issued for any loan authorized in behalf of the peo- pie of this state, shall be prepared, numbered, signed and issued in the manner provided by chapter three hundred and twenty of the laws of eighteen hundred and thirty-one; except that the same may be in any sums not less than $100, as the commissioners of the canal fund may direct ; but, in addition to the signature of the comptroller [or auditor], he shall cause such certificate to be sealed with his seal of office, and the same shall be countersigned by the president or cashier of the bank in which such transfer office shall be established, who shall also countersign the memorandum in the margin of the book from which any certificate shall be cut. 70. (Same ch.. 5.) The commissioners of the canal fund Reguia- ' J tions of may prescribe such further and other regulations as they may deem necessary to guard against the issue or transfer of any stock without authority, and for the keeping and rendering the accounts of the transaction of the transfer office, and for requiring vouchers of all transfers made ; and upon the ren- dering of such accounts and vouchers, to furnish the bank with which such contract shall be made proper evidence thereof ; and they, or any one of them, or any person deputed by them for that purpose, may, during the usual hours of business, inspect the books, papers and accounts in the said office. 71. (Same ch., 6.) Any person, firm or company, or Persons any number of persons, firms, or companies, holding or intend- signaled to ing to hold and own any certificate of stock heretofore or here- T an v fer ot after issued under the authority of this state, may, by an instrument in writing signed by them and duly acknowledged or proved, in the manner required by law to entitle any con- veyance of land to be recorded, designate and depute the per- son or persons who shall execute powers of attorney, authoriz- ing the transfer of any such certificates of stocks, then or thereafter to be held and owned by such person or persons, firm or firms ; and may, in like manner, modify or revoke such instrument ; and all transfers of such certificates of stock made pursuant to powers of attorney, executed by the person 12 90 OF THE CANAL FUND. so designated, shall be valid and effectual to pass the interest of all the parties who executed such instrument, in any cer- tificates of stocks of which the said parties shall be or shall thereafter become the legal owners, until such instrument of modification or revocation, duly acknowledged or proved in manner aforesaid, shall be served at the transfer office, estab- lished under this act. Son not" ^' ( ame c h"> 7.) If any such certificate of stock shall by v de k ath ^ e nel d y an y firm or company in hypothecation, pledge or drawafof Deposit, or m trust f r tne benefit of others, and the purpose fl?m. f a * hiding the same shall be expressed in the instrument desig- nating persons to authorize the transfer of the said certificates, such instrument shall not be deemed revoked by the death or withdrawal from such firm of any member thereof, so long as such firm or company shall continue to exist. Reguia- 73. (Same ch., 8.) Powers of attorney to transfer any issues and certificates of stock, acknowledged or proved before any officer authorized to take the proof of conveyances of land in this state, in the manner required to entitle such conveyance to be recorded, or acknowledged by a resident of any foreign country before a public notary of such country, by the party holding such certificate, or his agent, empowered or designated for that purpose, shall authorize the transfer of such stocks, subject to the regulations that may be prescribed as hereinbefore provided. Certifl- 74. (Same ch., 9.) When it shall satisfactorily appear on ontcs lost) _ t ~ ,, _ _ i f 1 i maybe re- due proot to the commissioners of the canal fund that any cer- newed. tificate of stock issued for any loan made in behalf of this state, has been lost or casually destroyed, they may authorize the issuing to the lawful owner of such stock a new certificate corresponding in date, numbers and amount with the certifi- cate so lost or destroyed, but expressing on its face that the same is a renewed certificate ; but no such renewed certificate shall be issued until good security be given to satisfy the lawful claim of any person or persons to the said original certificate, or to any interest therein. The proofs on which such renewed certificates are issued shall be filed with the clerk of the said commissioners, and they shall report annually to the legislature the number and amount of the renewed certificates so issued. 1 1 1857, ch. 721, makes a similar provision for the issue of new certificates by the comptroller of stocks or bonds issued by him on account of the gen- LOANS. 91 75. (Same ch., 10.) In case of the death of any person TO whom in any other state or foreign country, who at the time of such to be issued In death was the lawful owner of any certificate of stock issued case of for any loan made in behalf of this state, if it shall appear by foreign v ' A \. *f j-vnrnai. owner. the decision of any tribunal of competent jurisdiction in the country of which such person was a resident at the time of his death, that such certificate has been devised to any person or persons, or that any relative of such deceased person has, by the law of such country, succeeded to his right and interest in such certificate, the commissioners of the canal fund may, in their discretion, authorize the issuing of new certificates of stock to the person or persons so entitled, on the delivery to them of the original certificates, and on security being given, if they shall require the same, to satisfy the lawful claim of any person or persons to the said original certificate or any interest therein. The death of the grantor of any power of attorney in any other Powers of state or country shall not be deemed a revocation of such power j~ b as against any bona fide assignee of such stock until actual $f a n : 1 ti 1 J ! n r notice of such death. 76. (Same cfi., 11.) Where letters testamentary shall certm- * cates when have been granted on the personal estate of any person who, ^*?e issu-^ at the time of his death was a resident of any other State or utors ' eto - foreign country, and was the lawful owner of any such certifi- cate of stock, by the competent tribunal of the country in which such person died, or where judicial evidence of the appointment by any such person of an executor of his per- sonal estate, or of the appointment of any person having, by the laws of such country, the right to take possession of such personal estate shall be given to the commissioners of the canal fund, they may authorize the issuing of new certificates of stock to such executor or person in place of such original certificate upon the surrender to them of such original certifi- cate ; and on such security being given to them as they may require to satisfy the lawful claim of any other person or per- sons to the said original certificate, or to any interest therein. 77. (1854, cli. 329, 8 1.) The commissioners of the canal . , , April 15, fund shall borrow, on the credit of this state, in such amounts, 1854 - era! fund, state debt, or temporary loan to the treasury, that have been lost or casually destroyed. 1857, ch. 783, directs that the auditor shall sign all certificates of canal stocks, instead of the comptroller. Ante, ^ 55. 92 OF THE CANAL FUND. from time to time, as shall be required to pay the expenses t ^ iat ma y ^ e incurred under the provisions of this act, a sum ment ge " no * excee ding, i n the whole, two millions two hundred and fifty thousand dollars, payable at such time or times as they may prescribe within eighteen years from the time of such loan, at a rate of interest not exceeding six per cent per annum, payable quarterly, on such days and at such places as the said commissioners shall direct. All the existing pro- visions of law in relation to loans of money for this state by the commissioners of the canal fund, and in relation to certifi- cates of stock issued under the direction of the said commis- sioners, shall apply to the loan hereby authorized and to the certificates therefor issued by the said commissioners. $2,250,000 78. (Same ch., 2.) The sum of two millions two hun- priated dred and fifty thousand dollars is hereby appropriated, payable largement. out of the remainder of the surplus revenues of the canals, if there be any, that shall accrue during the present fiscal year after paying the expenses of collection, superintendence and repairs of canals, and the sums directed to be appropriated by the first and second sections of the seventh article of the con- stitution, and the sums hereinafter appropriated to pay the interest and to constitute a sinking fund to extinguish the principal of the loans made under this act, and the sum of two hundred thousand dollars to defray the necessary expen- ses of government, and out of the moneys to be borrowed, pursuant to the first section of this act, to be applied to the enlargement of the Erie, the Oswego, and the Cayuga and Seneca canals, and in the completion (upon the dimensions heretofore adopted) of the Genesee Valley and Black River canals, and for the enlargement of such of the locks of the Champlain canal to the size of the present locks of the enlarged Erie canal as the canal board shall determine to be so dilapidated or decayed as to render it necessary to rebuild them during the current year. $1,500,000 79. (Same cA., 3.) The said commissioners of the canal fund shall also borrow, on the credit of this state, the sum of one million and five hundred thousand dollars, payable at any time they may prescribe within eighteen years from the time of such loan, at a rate of interest not exceeding six per cent per annum, payable quarterly, on such days and at such places as the said commissioners shall direct. All the existing pro- LOANS. 9 visions of law in relation to loans of money for the state by the commissioners of the canal fund, and in relation to certifi- cates of stock issued under the direction of the said commis- sioners, shall apply to the loan hereby authorized and to the certificates therefor issued by the said commissioners. 4 80. (Same ch.. 4:.} The money borrowed under the last $1,500,000 ' ' appropria- preceding section of this act is hereby appropriated to refund J ed l t re ~ to the holders of the canal revenue certificates, issued under holders of canal reve- the provisions of chapter four hundred and eighty-five of the cates^ 114 " laws of the year eighteen hundred and fifty-one, the amount received into the treasury thereon ; but no interest to accrue after the first day of July, eighteen hundred and fifty-five, shall be paid on such certificates. 81. (Same ch.. 5.) After paying the expenses of collec- Appropria- v . . T , tlon * or tion, superintendence and repairs of the canals, and the sums interest. directed to be appropriated by the first and second sections of article seventh of the constitution, there is hereby appropria- ted, to be paid out of the surplus revenues of the canals which shall accrue during the present fiscal year, the sum of one hundred and twelve thousand five hundred dollars, or so much thereof as shall be necessary to pay the interest of the current year on the debt that shall be contracted pursuant to the pro- visions of this act, and the sum of one hundred and fifty-five For sink- thousand eight hundred and twenty dollars and thirty-seven cents, to constitute a sinking fund to extinguish the principal of the said debt, which last-mentioned sum, and the interest thereon as received, shall be invested by the commissioners of the canal fund in the manner provided by law in respect to the investment of the surplus revenues of the canal fund. 82. (Same ch., 6.) The premium received on any loans premiums made by the commissioners of the canal fund for the comple- ' tion of the canals, pursuant to the recent amendment of the constitution provided therefor, shall be invested, and the inter- e.st on such investments shall also be invested, by the com- missioners of the canal fund, in the manner now provided by law in respect to the surplus revenue of the canal fund, and shall be applied at the expiration of four years from the pas- sage of this act to the completion of the canals of this state, in case the appropriations authorized by the said amendment should be insufficient for that purpose. 04: OF THE CANAL FUND. Moneyed 83. (Same ch., 13.) Any moneyed corporation, and any tionsand association formed under the "act to authorize the business may loan of banking," and any individual banker, may loan to the state any of the moneys herein authorized to be borrowed, and may purchase, hold and dispose of any certificates of the stock issued by the commissioners of the canal fund for any part of such loan ; and the sum o loaned, and the stock so purchased, shall not, in respect to any limitation imposed by law, be deemed a violation thereof. 1 Act of 84. (1855, ch. 23, 1.) The commissioners of the canal 19, 1855. fund shall borrow, on the credit of this state, in such amounts, May bor- f rom time to time, as may be deemed necessary to pay the neces" ts appropriations made by chapter three hundred and thirty of carryout tne ^ aws ^ eighteen hundred and fifty-four, for the enlarge- of 1854 330 ' ment of the Erie, the Oswego, the Cayuga and Seneca canals, and to the completion of the Black River and Genesee Valley canals, and for the enlargement of such of the locks of the Champlain canal to the size of the present locks of the enlarged Erie canal, as the canal board shall determine to be Not to ex- necessary to rebuild from dilapidation or decay, a sum not 250,000. ' exceeding in the whole two million two hundred and fifty thousand dollars, payable at such time or times as they may prescribe, within eighteen years from the time of such loan, at a rate of interest not exceeding six per cent per annum, payable quarterly on such days and at such places as the said commissioners shall direct. All the existing provisions of law in relation to loans of money for this state, by the commissioners of the canal fund, and in relation to cer- tificates of stock issued under the direction of the said com. missioners, shall apply to the loan hereby authorized, and to the certificates therefor issued by the said commissioners. Act of 85. (1855, ch. 528, 3.) * * * The commissioners im 111 ** of the canal fund shall borrow on the credit of the- state, May *225o during the fiscal year commencing on the first day of 300 for en- October, 1855, to pay the appropriations made by the sec- ond section of this act, a sum not exceeding in the whole two million two hundred and fifty thousand dollars, payable at such time or times as they may prescribe, within eighteen 1 Laws of 1837, ch. -360, permitted state banks to subscribe to loans for certain lateral canals. LOANS. 95 years from the time of such loan, at a rate of interest not ex- ceeding six per cent per annum, payable quarterly on such. days and at such places as the canal commissioners shall direct. All the existing provisions of law, in relation to loans of money for this state by the commissioners of the canal fund, and in relation to certificates of stock issued under the direction of the said commissioners, shall apply to the loan hereby author- ized, and to the certificates therefor issued by the said com- missioners. 86. (1856, ch. 148, 3.) The commissioners of the canal Act of fund shall borrow on the credit of the state, during the fiscal isse. year commencing on the first day of October, 1856, to wv&j pay the appropriations made in the second section of this act, a sum not exceeding, in the whole, two million two hundred and fifty thousand dollars, payable at such time or times as they may prescribe, within eighteen years from the time of such loan, at a rate of interest not exceeding six per cent per annum, payable quarterly, on such days and at such places as the said commissioners shall direct. All the existing provisions of law, in relation to loans of money for this state by the commissioners of the canal fund, and in relation to cer- tificates of stock issued under the direction of the said com- missioners, shall apply to the loan hereby authorized, and to the certificates therefor issued by the said commissioners. 1 87. (1859, ch. 271, 1.) The commissioners of the canal Act of fund are hereby authorized to borrow on the credit of the state 1^9. two million five hundred thousand dollars, at a rate not exceed- w bor " ing six per cent per annum, and re-imbursable at such periods ^ 2 ' 500 ' 000 - as shall be determined by the said commissioners, not exceeding eighteen years from the time of making such loan. All the Floating f i i <.- i j v - debt loas provisions ot law in relation to loans made by commissioners of the canal fund, and the issue and transfer of certificates of stock, shall apply to loans authorized by this act, so far as the same are applicable. 88. (Same ch., 2.) The moneys realized by such loan shall be applied exclusively to the payment of claims against P lied the state not otherwise provided for, for work done on the canals of the state, and for private property appropriated by 1 Ch. 363, Laws of 1857, provided for a loan tinder ch. 228, of 1849 (ante, | 64), of five hundred thousand dollars, payable in not exceeding eight years. OF THE CANAL FUND. Appro- priation. Annual tax im- posed and to be levied and collected. Duty of comptrol- ler. Duty of boards of supervis- ors of counties. the state for the use of such canals, and for injury to private property growing out of the construction of the canals, or to the payment of the principal arid interest of such loan, and for no other purpose whatever. 89. (Same ch., 3.) Two million five hundred thousand dollars is hereby appropriated, to be paid out of the treasury, on the warrant of the auditor of the canal department, from the said moneys, within two years from the time when this act shall take effect, for the payment of claims against the state, specified in the last preceding section, and for the pay- ment of the interest on the loan authorized by this act, which shall become payable prior to the receipt into the treasury of the first annual tax, hereinafter directed to be levied and collected, for the payment of the interest and principal of the loans authorized by this act; but any sum applied to pay interest as aforesaid may be refunded out of the proceeds of the said taxes when received into the treasury. 90. (Same ch., 4.) An annual tax is hereby imposed, and shall be levied and collected in the same manner as other state taxes are levied and collected, sufficient to pay the inter- est and redeem the principal of the loan hereby authorized, within eighteen years from the time of the contracting thereof. The comptroller shall ascertain and determine what sum, being applied in payment of principal and interest, in the first year after the tax can be collected as aforesaid, and in each succeed ing year thereafter, within the period of eighteen years from the time of contracting said loan, will be sufficient to pay the interest and redeem the principal of said loan within said period of eighteen years ; and shall in each year apportion the sum so required among the several counties of this state, according to the then last corrected assessment rolls returned to his office, and shall give notice of such apportionment to the boards of supervisors of the respective counties. It shall be the duty of the boards of supervisors of the respective counties to cause the amount so apportioned in each year to be levied, collected and paid to the treasurer of this state, in the same manner as other state taxes. The money collected and paid into the treasury under this section shall constitute a sinking fund to pay the interest and redeem the principal of the loan contracted pursu- ant to this act, and shall be sacredly applied to that purpose; and if, at any time, the sinking fund shall be insufficient to LOANS. 97 comply with the requirements of this section, the comptroller shall increase the sum thereafter to be levied and collected by tax in each year, so as to make the fund adequate for the pur- pose aforesaid. 91. (Same ch., 5.) The fourth section of this act, impos- Sectioc t 7 ' r may be ing a tax, may be repealed whenever the revenues of the canals, g e u 1 e ealed - after meeting all present constitutional charges upon them, shall amount to enough to form a sinking fund sufficient to pay the interest and redeem the principal of all loans within the tion ' ante - eighteen years mentioned in the first section of this act. 92. (Same oh.. 6.) This act shall be submitted to the TO be sub- v 7 o / mitted to people of this state, at the next general election, and the votes people at ' next gen- given for its adoption shall be indorsed "constitutional loan," and shall be in the following form : " For a loan of two mil- lion five hundred thousand dollars to pay the floating debt of the state," and " Against a loan of two million five hundred thousand dollars to pay the floating debt of the state." The inspectors of the several election districts in this state shall provide a separate box in which the ballots given in pursuance of this act shall be deposited. The ballots shall be canvassed and returned, and the result shall be determined and certified in the same manner as votes given for the office of governor of this state. If a majority of the votes cast, pursuant to this act, shall be " For a loan of two million five hundred thousand dollars to pay the floating debt of the state," then the pre- ceding sections of this act shall take effect ; but if a majority of the votes so cast shall be "Against a loan of two million five hundred thousand dollars to pay the floating debt of the state," then the said sections shall not take effect, but shall be inoperative. 1 1 STATE OP NEW YORK, ss : We, the secretary of state, comptroller, state engineer and surveyor, treasurer and attorney-general of said state, having formed a board of state canvassers, and having, in conformity to the provisions of an act entitled "An act to submit to the people a law authorizing a loan of two million five hundred thousand dollars, to provide for the payment of the floating debt of the state," passed April 13, 1859, canvassed and estimated the whole number of votes given at the general election, held on the 8th day of November, 1859, in the several counties in said state, under and in pursu- ance of said act, as appears by the certified statements received by the sec. retary of state, in the manner directed by law, do hereby determine, declare and certify, that the whole number of votes given under and in pursuance 13 98 OF THE CANAL FUND. OF COSTS AND LEGAL PROCEEDINGS. Power to 93. (R. /&, 10.) The commissioners of the canal fund tain shall have power to allow all claims for moneys paid by the claims. / . canal commissioners, or any one of them, or by an engineer or agent in their employment, or by any superintendent or toll collector, for judgments recovered against them, or either of them, in any suit instituted for any act done by them, under the canal laws of this state, or for costs and expenses incurred in any such suit, or in any suit instituted by them, or either of them, under such laws. Shan e- 94. (R. S. y 11.) The commissioners of the canal fund, before they shall allow any such claim, shall examine into the circumstances under which such costs shall have been incurred, or judgments recovered ; and shall allow such claims, or such part thereof as they shall deem to be reasonable, if they shall of said act was two hundred and two thousand eight hundred and twenty- four, of which there was given one hundred and twenty-five thousand three hundred and seventy having thereon the words, " For a loan of two million five hundred thousand dollars to pay the floating debt of the state," and there was given seventy-seven thousand four hundred and sixty-six votes having thereon the words, "Against a loan of two million five hundred thousand dollars to pay the floating debt of the state," and that a majority of said votes were given in favor of "A loan of two million five hundred thousand dollars to pay the floating debt of the state." Given under our hands, at the office of the secretary of state of the said state, in the city of Albany, this 16th day of December, in the year of our Lord one thousand eight hundred and fifty-nine. GIDEON J. TUCKER, Secretary of State. S. E. CHURCH, Comptroller. I. V. VANDERPOEL, Treasurer. LTMAN TREMAIN, Attorney-General. VAN R. RICHMOND, State Engineer and Surveyor. Chapter 379, Laws of 1870, authorizing new loans to extinguish certain canal and general fund debts, for which tolls are pledged, was submitted to the people in November, 1870, and a majority of the votes cast were "Against the act to create a state debt." Chapter 700 of 1872, to authorize loans by submitting it to the people, and chapter 734, providing for a tax decided unconstitutional by court of appeals, May 6, 1873. For laws of 1872, legalizing the taxes levied and bonds issued under these laws of 1872 see 164 to 169, and note, post. COSTS AND LEGAL PROCEEDINGS. 99 be satisfied that such commissioners, or other officers making such claims, have been subjected to such costs, expenses or judgments, while acting in good faith in the discharge of their duty, under any law of this state. 95. (R. S.. 12.) The commissioners of the canal fund TO defend suits. shall have power, in their discretion, to direct the attorney- general, or to employ other counsel, to take all necessary steps in defending the interests of the state in all suits and proceed- ings before the supreme court, or any other court, which may arise under the laws respecting the canals, or from the appraise- ment of damages thereon. 96. (1840, ch. 288, 16.) The commissioners of the canal Certiorari fund, or the canal commissioners, may, in their discretion, cause brought * ' in certain a certiorari to be brought by the attorney-general, in behalf of cases, the state, from the determination of the canal appraisers upon any legal or constitutional question, to the supreme court, in cases where any damages have been or shall be awarded upon any claim for the deprivation of any right or pretended right, to the use of any water or water privileges, or fisheries, or for the temporary use or diversion of any water by the canal com- missioners. 97. (Same ch., IT; modified 1847, ch. 280, 10, and pooeed- Code, 11,457.) Such certiorari shall be brought within the time prescribed by law, in reference to appeals in similar cases, to the canal board, and the appraisers shall make a return in writing to the supreme court, within the time, and containing the same matters as required in cases of such appeals ; and the supreme court shall determine such certiorari on such returns only, or upon such further returns as the said court may re- quire, and may set aside said appraisal for want of jurisdiction in the appraisers, or for any error committed by them in such determination, except as to the amount of damages awarded, and may award costs in their discretion ; and any party inter- ested, may bring an [appeal] on the judgment of the supreme court on such certiorari, to the court [of appeals]. 98. (Same ch., % 18.) Such certiorari, or any judgment Certiorari / J not to pre- thereon, shall not prevent an appeal, as now provided by law, vent to the canal board, in respect to the amount of any damages awarded by the canal appraisers. 100 OF THE CANAL FUND. People to 99. (1858, ch. 37, 1.) Any civil action or proceeding, in prefer- which the people of this state are a party, and when the attor- ence in courts of ney-general shall be the attorney of record, shall have a prefer- this state. J . J ence in all the courts 01 this state, and may be moved on the part of the people, out of its order on the calendar ; but such preference shall not be had, unless the attorney for the state shall give notice, 'at the time of the service of notice of trial or argument, of the day on which he shall move the trial or hearing of the action ; and in case the same shall not be moved by the attorney for the state on such day, the defendants shall have the right to move the trial or argument of the action, and the trial or argument shall not be moved out of its order on any other day than the day specitied in such notice, unless the court shall otherwise direct. Appeal 100. (Same ch., 2 ; amended 1861, ch. 288, 2.) An ap- brought peal may be brought by the people of this state, or any state people officer or board of state officers, from any judgment or order without * J security, against them in any court, without any undertaking or security whatever, and such appeals now pending, or that shall hereafter be brought, shall operate as a stay of proceedings on the judg- ment or order appealed from. such ap- 101. (Code. 13 ; amended 1863, oh. 392.) And whenever, peal to . \ i j have pref- in any action or proceeding in which the people of this state erence. * r l or any state officer, or any board of state officers, is or are sole plaintiff' or defendant, an appeal has been or shall be brought from any judgment or order for or against him or them, in any court, such appeal shall have preference in the supreme court and in the court of appeals, and may be moved by either party out of the order on the calendar. NO in- 102. (1851, ch. 488, 1.) Whenever any duty shall be devolved by law of this state upon any state officer or board cept in of officers, no injunction shall be issued to restrain such officer thedis- J trictwnere or board, or any person employed by them, or to prevent the duty is execution of any such law, unless the same be granted by the located. * supreme court sitting in the district in which such board shall ' be located, or such duty shall be required to be performed at a general term of said court. Governor 103. (Same ch., 2.) Before hearing any application for point ^ an injunction in the cases specified in the preceding section, at when least eight days' notice of the time and place of such hearing CHARGES ON. 101 shall be served on the officer, board, or person against whom attorney- the application shall be made ; and in case of the inability or unatfie to omission of the attorney-general to appear and defend such a] officer, board, or person, the governor may employ counsel to perform such duty in place of the attorney-general, and to institute any appeal or other necessary proceeding, who shall have the control of such defense or proceeding, and the gov ernor may in his discretion employ counsel to assist the attorney- general in defending such officer, board, person or proceeding. 104. (R. S. t part 3, ch. 8, tit. 17, 13.) Every suit or pro- Suits insti- ceeding in a civil case, instituted in the name of the people of name of this state, by any public officer duly authorized for that pur- bego\- pose, shall be subject to all the provisions of law respecting same law similar suits or proceedings, when instituted by or in the name brought in of any citizen, except where provision is or shall be otherwise citizen, expressly made by statute ; and in all such suits and proceed- ings the people of this state shall be liable to be nonsuited, and to have judgments of non pros, or of discontinuance entered against them, in the same cases, in like manner and with the same effect as in suits brought by citizens, except that no execution shall issue thereon. CHARGES ON CANAL FUND. 105. (R. S., 13, modified 1848, ch. 162.) All moneys charges on expended in the construction, reparation or improvement of the f U ud. dna canals now authorized by law, or allowed or expended by the commissioners of the canal fund under this title ; or expended by the commissioners of the canal fund, the canal commission- ers, or other officers or agents employed on such canals, pursuant to any law of this state ; together with the compensation to such officers respectively (including the salaries of the canal commissioners), shall be charged to the canal fund ; and the [auditor] shall also charge to the canal fund, from time to time, so much for the services of the clerks in his office, devoted to the accounts and revenues of the canals, as in his opinion shall be just and proper. 106. (184-1, ch. 238, 1.) Any deficiencies in the revenues Deflcien- cics in of the lateral canals to pav the interest upon the stocks issued revenues ," . of lateral on account of such canals respectively, and the expenses of ai ? al9 superintendence and repair thereof, now by law chargeable to the general fund, shall hereafter be paid and provided for by P laln - 102 OF THE CANAL FUND. Compen- sation and expenses of canal appraisers to be paid from rev- enues. Do. re- turns to appeals. Canal de- partment. the commissioners of the canal fund from the surplus revenues of the Erie and Champlain canals, which may remain after paying the expenses of repairs and superintendence of those canals, and the interest upon the stock issued for the enlarge- ment. 1 107. (Same oh., 2, modified 1848, ch. 162.) The com- pensation provided by law to canal appraisers, the expense of their clerk hire, of postage, of recording transcripts, of the entry of their decisions, and any other expense necessarily incurred by them, shall hereafter be paid by the [auditor] out of the canal revenues, and shall be charged to the several canals on whose account such expenses shall be incurred. 108. (Same ch., 3, modified 1848, ch. 162.) The com- missioners of the canal fund may allow [and the auditor] pay out of the canal revenues, to any person who may have been a canal appraiser, a reasonable compensation for making returns to appeals after he shall have ceased to hold such office. OF THE CANAL DEPARTMENT. 109. (1841, ch. 218, 1, modified 1848, ch. 162.) All busi- ness relating to the canals of this state, and improvements connected therewith, required to be performed by the commis- sioners of the canal fund, the canal board and the [auditor], shall be transacted in rooms appropriated for that purpose in the state hall, to be denominated the canal department. * ' 1 For previous legislation upon deficiencies of revenues on lateral canals, see 1830, ch. 288 1833, ch. 316 1835, ch. 202 1836, ch. 157. * The conclusion of this section was as follows : " And the chief clerk now authorized to be appointed by the commissioners of the canal fund, pur- suant to the act passed May 13, 1840, shall be known and recognized in law as chief clerk of said department." Chapter 288 of Laws of 1840, passed May 13, contained the folloAving provision for the appointment of the chief clerk : " 12. The commissioners of the canal fund shall appoint a chief clerk, and such other clerks as may be necessary. The chief clerk shall also be clerk of the canal board, and shall receive the compensation, possess all the powers and perform all the duties of the second deputy comptroller as now provided by law; and the said office of second deputy comptroller is hereby abolished. The commissioners may allow and pay to the clerks employed by them a compensation not exceeding three thousand dollars annually, which, with the salary of the chief clerk, shall be paid monthly out of the canal fund ; and the names of the clerks employed and the sums paid to each shall be annually reported by the commissioners to the legislature.* All the powers and duties conferred by this section upon the commission THE AUDITOR. 103 OF THE AUDITOR. 110. (1848, ch. 162, 1, amended ly 1857, oh. 783, 1.) There shall be an auditor of the canal department, * * * and the said office of chief clerk of the canal department is hereby abolished. 111. (Same ch., 2.) All the powers and duties of chief Powers clerk of the canal department, and all the powers and duties of the comptroller in relation to the canals, except his powers and duties as commissioner of the canal fund, are hereby trans- ferred to, and vested in the said auditor ; and the said auditor shall also be secretary of the commissioners of the canal fund, and of the canal board. 112. (Same ch., 3.) The commissioners of the canal fund Seaitobe shall devise and procure a suitable seal for the said auditor, of and pro- which he shall have the custody, and a description thereof shall be recorded in the office of the secretary of state, and remain of record, the expense of which shall be paid out of the canal fund. 113. (Same ch., 4.) All books and papers pertaining to Books the duties of said auditor, or to the duties of the commissioners papers, of the canal fund, or of the canal board, shall be deposited in bedeposit- the canal department, and be securely and safely kept by said auditor. 114. (Same ch., 5.) Copies of books or papers mentioned copies to in the preceding section, and transcripts from the minutes dence? of the proceedings of the commissioners of the canal fund, and of the canal board, certified by the said auditor under his offi- cial seal, shall be evidence equally and in like manner as the original. 115. (Same ch., 6.) The power now given by law to the Auditor to commissioners of the canal fund, to employ and pay the neces- J^Pp ^ sary clerks in the canal department, is hereby vested in the clerk8 - ers of the canal fund to appoint, pay and report the names of clerks, and upon the chief clerk of the canal department, by this and subsequent acts of 1848, were transferred to the " auditor " of the canal department by chapter 163 of 1848. printed next above. The remaining sections of chapter 218 of 1841 relate to the examination of accounts of certain stute officers, including the accounts of the treasurer, the commissioners of the canal fund, the canal commissioners, superintendents, collectors, and other accounts kept in the canal department. 104 OF THE CANAL FUND. said auditor ; and the names of the clerks employed, and the sums paid to each, and the length of time he was employed, shall be annually reported by the auditor to the legislature at the commencement of its session. statement 116. (Same ch., 7.) The statement of the tolls collected of tolls TI i ii collected, upon all the canals or the state durino* each season of naviga- etc., to be . . reported tion, which by section twenty-seven, of chapter three hundred auditor an( ^ twent J> f tne l aws f eighteen hundred and thirty-one, the commissioners of the canal fund are required to prepare and lay before the legislature, shall be so prepared and laid before the legislature by the said auditor, and in addition to the tolls collected, it shall contain an exhibit of the trade and tonnage of the canals, substantially as the same is given in the report for the year eighteen hundred and forty-seven. 1 Dues to 117. (Same oh., 8.) Dues to the state which have here- pa1d e into tofore been paid to the commissioners of the canal fund, shall, tlB treasury, on and after the first day of October next, be paid into the state treasury. Balances, H8- (Same ch., 9.) All balances standing to the credit credited. 6 of tne commissioners of the canal fund on the first day of October next, in any depository, shall, as of that date, be trans- ferred by the said commissioners to the credit of the treasurer of the state. Treasurer, 119. (Same ch., 10.) Whenever directed by the commis- transfer sioners of the canal fund, the treasurer shall transfer from one depository to another, by a draft to be countersigned and entered by the said auditor, any canal fund moneys standing to his credit, and no such moneys shall be transferred by the 1 The following is the section referred to, ch. 320, 1831 : " 27. The annual report required from the commissioners of the canal fund shall exhibit a statement of the funds intrusted to their care and manage- ment, from the first day of October in every preceding year to the thirtieth day of September in every subsequent year, inclusive, and the accounts of the said funds in the comptroller's office shall be kept in accordance with the provisions of this section; but .the said commissioners, separate from their annual report above mentioned, shall prepare and lay before the leg- islature, with their annual report in each year, a full statement of all the tolls collected upon all the canals of the state during the season of naviga. tion next preceding such session ; and also a statement of the rates of toll on all articles transported on said canals, and a comparative statement show- ing the amount fixed by the constitution and the amount charged." THE AUDITOR. 105 treasurer from one depository to another, unless by such direc- tions. 120. (Samech., 11.) All moneys now authorized by law Moneys to to be paid or advanced by the commissioners of the canal fund, st^ttf 1 and all moneys which shall hereafter be authorized to be paid or advanced from the canal fund, shall, on and after the first day of October next, be paid by the treasurer, on the warrant of the said auditor; but no warrant shall be drawn unless authorized by law, and every warrant shall refer to the law under which it is drawn. 121. (1872, ch. 115, 4.) Hereafter, each warrant that what may be drawn by the auditor of the canal department upon the warnmton treasurer, for the payment of any moneys heretofore or here- rer to after appropriated by law, shall particularly specify the chapter and date of the passage of such law, and when more than one item of appropriation is contained in any such law, then the said warrant shall also specifically state the item of appropri- ation, out of the sum of which the amount of such warrant shall be paid. 122. (1848, ch. 162, 12.) The said auditor shall counter- checks to sign and enter all checks drawn by the treasurer in payment tersigned. of his warrants, and all receipts for canal moneys paid to the treasurer, and no such receipts shall be evidence of payment unless so countersigned. 123. (Same ch., 13.) The accounts of receipts and pay- Accounts ments on account of the canals, and the canal fund and debt, ceipts, how kept. heretofore kept by the commissioners of the canal fund, shall, on and after the first day of October next, be kept by the said auditor. 124. (Same ch., 14.) As soon as possible after the close Auditor of each fiscal year, the said auditor shall submit to the commis- to cqm- sioners of the canal fund a statement of the receipts and pay- ers state- 1 11 nient of ments on account of the canals and the canal debt, and the receipts and pay- balances of the funds on hand, the depositories of the same, ments. and the conditions thereof; which statement shall accompany the annual report of the said commissioners to the legislature. 125. (1861, ch. 177, 7.) The annual report and statement statement^ required by the fourteenth section of the act, chapter one hun- after made " M 106 OF THE CANAL FUND. to legisia- dred and sixty -two of the laws of eighteen hundred and forty- eight, to be made by the auditor to the commissioners of the canal fund, shall hereafter be made to the legislature, and shall embrace all the particulars heretofore required in the annual report of the commissioners of the canal fund. Auditor 126. (1848, ch. 162, 15.) In case of the absence or sick- nate a ness of the said auditor, he may designate one of his clerks as perform acting auditor, who may perform any of his duties, except the drawing of warrants on the treasury, and the auditing of accounts. Except 127. (1861, ch. 177, 5.) The said auditor may designate warrants, one of his clerks as deputy auditor, who, in case of the sickness or absence of said auditor, may perform any of his duties, except such duties as pertain to the contracting board, the drawing of warrants on the treasury, the auditing of accounts, and the transferring of canal fund moneys from one depository to another. 1 cierk may 128. (1871, ch. 653, 1.) * * * And the auditor may secretary designate one of his clerks to act as secretary of the canal board, of caual board. in case of sickness or inability of the auditor to perform that duty. * * * Appoint- 129. (1857, ch. 783, 1.) The governor shall appoint, bj auditor .and with the advice and consent of the senate, the auditor of the canal department, who shall receive a salary of twenty-five hundred dollars per annum. The said auditor shall hold his office for three years, from the first day of January, eighteen hundred and fifty-eight, when the term of office of the present auditor shall expire, and until his successor shall in like manner have been appointed. suspen- 130. (Same ch., 2.) The governor may, upon the requi- vioiation sition of the commissioners of the canal fund, suspend the auditor of the canal department and appoint a suitable person to perform his duties, whenever, during the recess of the legis- lature, and for thirty days after the commencement of any 1 8 of this chapter repeals all acts or parts of acts inconsistent therewith, but the acting auditor, under the act of 1848, had fuller powers than the deputy auditor, under the act of 1861. The present practice of the depart- ment is to appoint a deputy auditor. THE AUDITOR 107 i session of the legislature, it shall be made to appear to him that the said auditor has violated his duty, in respect to the issue of the public stocks of this state, or in respect to the pub- lic moneys in his charge, or subject to his draft. 131. (1861, ch. 177, 4.) The auditor of the canal depart- Term of r office and inent shall hold his office for the term of three years. He shall salary, receive an annual salary of two thousand five hundred dollars, commencing on the first day of October last, in respect to the present incumbent, to be paid monthly out of the canal fund. 132. (Same ch., 8 6.) The said auditor is herebv author- Compensa- tion of ized to allow and pay the sum of eight hundred dollars annu- clerks. ally, or so much thereof as he may deem necessary, beyond the sums now limited by law, as a compensation to the clerks em- ployed by him in the canal department, but the whole sum paid for clerk hire, in the department, in any one year, shall not exceed eight thousand dollars. 1 133. (1853, ch. 36, 1.) The expenses of the necessary Expenses furniture, books, book-binding, blanks, printing, except such ment to be printing as is provided for by the act entitled " An act to pro- treasurer, vide for the public printing," passed March fifth, eighteen hun- dred forty-six, postage, express transportation, light, and all other necessary incidental expenses of the canal department, shall be paid by the treasurer, on the warrant of the auditor of the canal department, out of any canal funds in the treasury. 134. (Same ch., 2.) The compensation of collectors of Pay of canal tolls and weigh-masters, the pay of their clerks and officers, assistants, their office rent and necessary office expenses, such as shall be fixed and allowed by the canal board, and the com- pensation of inspectors of boats and their cargoes, or such por- tions of compensation and expenses as are not paid directly by the collectors of tolls, shall be paid by the treasurer, on the warrant of the auditor of the canal department, out of any canal funds in the treasury. 2 135. (Same ch., 3.) Penalties remitted by the canal penalties board and tolls refunded, if not paid by a collector of tolls, and toils 1 In 1848 the amount was $4,500. In 1849, it was increased to $5,500 ; in 1858, to $7,200, and by this act of 1861, to $8,000. Since 1864, specific amounts have been named for each fiscal year, in the appropriation acts for ordinary repairs, " for clerk hire in the canal department." Modified by 658, post. 108 OF THE CANAL FUND. refunded, may be paid by the treasurer, on the warrant of the auditor of how paid. the canal department, out of any canal funds in the treasury. Removal 136. (R. S., ch. 5, title 5 ; amended 1848, ch. 162, 8 2.) of collec- _. r ,.-,,,,, tors. ine [auditor] shall also have power to remove any of the said collectors, at his pleasure, and to fill the vacancy occasioned by such removal, until the next meeting of the canal board. Payment of dam- ages for land, etc., taken. Money for damages to be de- posited when the property is incum- bered. Certificate of title before payment of dam- ages. 137. (1840, ch. 288, 14 ; am.end.ed 1848, ch. 162, 11.) Before [the auditor] shall be required to pay any damages that may have been or may be awarded for any land, waters or streams taken by the canal commissioners and appropriated to the public use, [he] shall be furnished with a certificate from the canal commissioners that the land and premises for which such damages have been awarded have been taken and appro- priated for the public use, and have been taken possession of by the canal commissioners in behalf of the state. 138- (1841, ch. 160, 5 ; amended 1847, ch. 280, 16, and 1848, ch. 162.) When any damages shall have been awarded by the canal appraisers, or settled by the canal board, for appro- priating any lands, streams or waters to the use of any canal, and it shall appear that there is any mortgage, judgment or other lien or incumbrance upon the property appropriated, the [treasurer, on the warrant of the auditor, may in the discretion of the commissioners of the canal fund] deposit the amount so awarded or settled, in any bank selected for the deposit of canal revenues, to the account of such award, to be paid and dis- tributed to the parties entitled to the same, as shall be ordered by the [supreme court] on the application of the said parties, or any of them. 1 139. (1854, ch. 332, 5.) Before the auditor shall be re- quired to pay any damages that may be awarded, or the amount of any commutation agreed on for the appropriation of land or water, or for the want of a farm bridge, he shall be furnished with a satisfactory abstract of title, and certificate of search as to incumbrances, showing the person demanding such damages or commutation to be legally entitled thereto, which abstract and search shall be retained and filed in his office. 1 The original section read * * * " the commissioners of the canal fund may in their discretion deposit the amount so awarded," etc. * * * See 1848, chapter 162, 10 and 11, ante, 119 and 120, of this Manual. THE AUDITOR. 109 140. (1866, ch. 836, 2.) It shall be the duty of the when to auditor of the canal department to reject and refuse payment payment of any canal commissioner's draft or certificate, or any other certiif- ' claim against the state, founded on a certificate or measurement other of an engineer in the employment of the state, unless such estimate and measurement shall be sworn to and verified as provided in the second section of the act entitled " An act in relation to the public works and the officers connected there- with," passed March twelfth, eighteen hundred and forty-seven. 1 141. (1847, ch. 278, 2.) No money shall hereafter be Money, . , , when to be advanced or paid to any canal contractor on his contract, except paid to .. ' - . , ,, , contract- On the sworn certificate oi an engineer in such form as the ore. canal board shall prescribe, that he has actually measured the work or material included in the certificate, and believes that the quantities therein stated do not exceed the amounts actually performed or delivered by the contractor, which certificate shall be sworn to before either of the canal commissioners or any judge or justice of the peace. 142. (Same ch., 3.) The sworn measurement referred to Measure- in the preceding section shall be given to the canal commis- accom- i -I ii i r> -i panyre- sioner, and shall accompany the receipt of the contractor when ceipt. presented at the canal department for final audit. 143. (1837, oh. 451, 1 ; modified 1848, ch. 162, 2 and Expenses 11.) Either of the acting canal commissioners may draw upon nee e rJd~e- the [auditor] for any sum to be advanced to an engineer to par meet the expenses of the engineer department ; and if the bond of said engineer shall have been duly filed in the office of the [auditor], and a receipt of the engineer for such draft shall also be filed in the same office, it shall be the duty of the [auditor] to pay the draft ; provided the advances to an engineer unac- Advancea counted for shall at no time exceed the sum of five thousand thousand dollars. 144. (Same ch., 2; modified 1848, ch. 162, etc.) Before Enfflneer any advance shall be made to an engineer, he shall execute and file, in the office of the [auditor], a bond to the people of this state, for the faithful expenditure of the moneys which shall be intrusted to him, in such penalty and form as the canal 1 The act referred to by tlie title is chapter 278, which was passed May 12, 1847. No act was passed March 12, 1847. HO OF THE CANAL FUND. board shall direct, and with such sureties as the [auditor] shall approve, upon which said bond the said engineer and his sure- ties shall be responsible to the state for moneys advanced to him as aforesaid. Account of 145. (Same ch.* 3; modified 1848, ch. 162.) Such engi- expenses. . . , ' . . neer shall, as often as once in ninety days, render his account to the [auditor], who shall audit the same ; and if he shall omit to render his account, or his accounts as rendered be not satis- factory, the [auditor] shall notify the canal commissioners and the commissioners of the canal fund thereof; and no further advances of money shall be made to such engineer. accounts 1 ' 8 14:6. (Same ch., 4; modified 1848.) Before any engi- tmed b er " neer ' 8 account for expenditures shall be presented to the i8 ~ [auditor], the canal commissioner having charge of that part 8ioner of the canal on which such engineer is employed shall certify on such account that he has examined the same ; that the sev- eral disbursements specified therein were made under his direction on the canal, or for payments necessary to be made thereon ; and that he believes such disbursements to be proper and reasonable and to have been made as charged. g 147. (^. &, 6 ; modified 1848, ch. 162.) The [auditor] dents" shall advance to each of the superintendents of canal repairs such sums as in [his] opinion shall be required in the execution of their duties, not exceeding at any time five thousand dollars. 1 ?enl2rt 148 ' ( 1837 ' oh ' 451 ' 7 5 modi fi ed 1848 > oh - 162 -) Before det-di m d ke an y advance of money shall be made to a superintendent of estimates. cana i repairs by the [auditor of the canal department], he shall make out a detailed statement, in such form as the said [auditor] shall prescribe, of the several anticipated objects of expenditure on the line of canal under his charge. Estimates 149. (Same ch.^ 8 ; modified 1848, ch. 162.) If the said certified to estimate shall be filed in the office of the [auditor] with the and filed. . - . . certificate thereon ol the acting canal commissioner, stating that, in his opinion, the whole amount, or, if less than the whole amount, what portion of the said estimate should be advanced, the [auditor] may make advances on the same, in 1 This section is also modified by the two following sections of chapter 451, Laws of 1837. THE AUDITOR. Ill such sums and as often as he may deem necessary ; provided such advances shall not exceed the amount certified by the commissioner. 1 150- (184-2, oh. 310, 1 ; amended 1855, ch. 535, 3.) Purchases All purchases for the use of any department, office, or work of the government, shall be for cash, and not on credit or time. Each voucher, whether for a purchase or for a service, or other charge, shall be filled up at the time it is taken ; and in all cases where the payment is not made directly by the treasurer, or governor, proof in some apt form shall be furnished on oath that it was so filled up at the time it was taken, and that the money mentioned therein to have been paid was, in fact, paid in cash or by draft on some specified bank. The auditor, in all cases where moneys are paid from the Auditor canal revenues, loans or fund, and the comptroller, in all cases scribe rules. where payments are made from any other revenue or fund, proof, etc. shall, from time to time, prescribe rules, regulations and forms to secure the faithful observance of this section, and may in all cases, if they shall deem it necessary, require proof on oath of the payment of money as aforesaid. 151. (R. S. y oh. 9, title 9, 42 ; modified 1848, ch. 162.) TO settle It shall be the duty of the canal commissioners to account and mission- settle with the [auditor] on or before the fifteenth day of Jan- counts, uary in each year, for all moneys received by them, and each of them from the [ * * * J canal fund, or belonging to that fund ; and such settlement, specifying the sums respectively paid to all contractors, engineers, agents and servants of every description, employed on the canals, and to all persons having received a compensation for damages, and the names of such persons shall, without delay, be reported by the [auditor] to the legislature. 152. (1859, ch. 376, 1.) "Whenever, from interest, or hav- jju^jtor tc ing been counsel for any claimant of damages against the state, place of > o i cana i com in the matter of such claim, or being related to such claimant, missioner o ^ ' when lat- any canal commissioner shall be disqualified from acting in any case where by law any power or duty is imposed upon such commissioner, or the board of canal commissioners, on filing in the office of the auditor of the canal department the certificate 'For further provisions relating to detailed estimates, see 1866, chapter 936, 3 ; post , % 338. 112 OF THE CANAL FUND. of such commissioner, stating his disqualification, the said auditor is authorized, and it shall be his duty, to act in the place of such disqualified commissioner, in the matter of such claim. Duties of 153. (1861, ch. 124, 6.) The auditor of the canal depart- to water ment is authorized and required, whenever there is a short Syracuse supply of water for the Syracuse level, insufficient to maintain fully seven feet in depth upon all portions thereof, and supply the Oswego canal, to suspend the weighing of boats at the Syracuse weigh-lock, and stop all use or leakage of water through the same ; and in case of such deficiency the canal commissioners are authorized and directed to make any arrange- ment to supply the same within their power, which shall not cost over thirty thousand dollars for the first year, and not to exceed five thousand dollars a year thereafter. Forms of 154. (R. S., ch. 8, title 5, 4; amended 1848, ch. 162.) etc! ra The attorney-general, whenever requested by the comptroller, [auditor] or the [state engineer and surveyor], shall prepare proper drafts for contracts, obligations and other instruments which may be wanted for the use of the state. Forms of 155. (R. >, ch. 9, title 9, Art. IX, 193 ; a/mended 1.848, ch. bins of ' 162.) The [auditor] shall prepare the forms of all clearances, state" bills of lading, statements and other papers necessary to be used under the provisions of this title, and shall from time to time transmit the same to the different officers and agents on the canal, for whose use they may be required. PAYMENT OF INTEREST. interest^ \, (1864, ch. 266, 1.) All canal commissioners' drafts cates fl "etc an( ^ cer titicates, and all estimates of engineers, whether monthly or final, made, given or issued since the first day of November, one thousand eight hundred and sixty-two, for work done and materials furnished for the canals of this state, and all awards made by the canal board and the canal appraisers, shall be enti- tled to draw interest at the rate of six per cent per annum, as follows : On monthly estimates, interest shall be paid from and after the twentieth day of the month succeeding that in which the work was done; on final estimates interest shall be paid from and after ninety days after the work was done ; on awards by the canal board, interest shall be paid after sixty days from ACCOUNTS. 113 the date of the award ; on awards by the canal appraisers, interest shall be paid after ninety days from the date of the award. 1 157. (Same ch., 2.) No interest shall be paid on any draft, when to certificate, estimate or award after the auditor has given or shall give notice that he was or is prepared to pay the same. 158. (Same ch., 3.) The treasurer shall pay, on the war- Treasurer rant of the auditor of the canal department, all sums author- warrants of auditor. ized to be paid by this act, out of any moneys m the treasury appropriated or to be appropriated for the payment of interest, estimates and awards. ACCOUNTS, FEINTING, ETC. 159. (1831, ch. 320, 24.) The present fiscal year of the Fiscal office of the treasurer of this state shall close on the thirtieth v day of September next ; and the future fiscal years of that office shall be from the first day of October in the preceding, to the thirtieth day of September in the succeeding year, inclusive. 2 160. (Same ch., 25 ; modified 1848, ch. 162.) All books Books and and accounts in the office of the comptroller [or auditor] shall be kept, and all the duties of that office shall be performed, with reference to the aforesaid change in the fiscal year of the treasurer's office, and in accordance with that change. S 161. (Same ch., 26 ; modified 1848, ch. 162.) All officers Annual account*. and persons required to render annual accounts to the comp- troller [auditor] or treasurer, shall close those accounts on the thirtieth day of September in each year, and shall render such accounts as soon after that day in every year as may be prac- ticable. 162. (1859, ch. 437, 1.) The comptroller, secretary of Annual state, treasurer, state engineer and surveyor, attorney-general, " canal commissioners, auditor of canal department, commission- 1 For previous legislation on the subject of payment of interest, see Laws of 185*, chapter 263; 1859, chapter 149; 1860, chapter 490; 18G2, chapter 562, and 1863, chapter 194. 8 As to examination of treasurer's accounts in case of death or resignation. (>*' 1839, chapter 23. 15 114 OF THE CANAL FUND. era of the canal fund, commissioners of the land office, canal appraisers * * *, and all other state officers or heads of departments, required by law to submit an annual report to the legislature of this state, are hereby required to complete their several annual reports for the previous fiscal year, ending on the thirtieth day of September of each year, on or before the tenth day of December succeeding, and cause the same, on or before that day, to be placed in the hands of the person having the contract to do the printing for the senate and assembly under and in pursuance of the provisions of section 2, chapter 24, of the Laws of 1846. 1 ubMc 163 ' ( 1846 ' ch - 24 > 2 -) Tne printing for the senate and printing assembly, for the comptroller, secretary of state [state engi- neer and surveyor], commissioners of the land office and canal fund, the banking department, and all other printing for any and every of the state officers, shall hereafter be done as follows : The comptroller and secretary of state shall give at least twenty days' notice in two public newspapers published in each senate district in this state, that they will, on or before a day to be specified in said notice, receive sealed proposals for the printing provided to be done under this section for two years, to be performed in the same style of execution as to type and paper as that heretofore furnished ; and that they will receive separate bids for the printing to be done for the senate, assem- bly, and public officers, or any portion of the printing to be done for the public officers ; at the expiration of which time they shall open said proposals, and enter into a contract or con- tracts with such person or firm as shall make the lowest offer or bid to do such printing, and shall give security in a bond to the people of the state of New York, to the satisfaction of the comptroller and secretary of state, for the faithful performance of his or their contract, which contract shall continue in force for two years from the time of making the same.* 1 As to reports, formerly required from commissioners of the canal fund, see 1842, chapter 114, section 11. . The provisions of chapter 350 of Laws of 1847, "An act in relation to reports of state officers," seem to relate to that year only. * For subsequent laws relating to public printing see 1847, chapter 254 1854, chapter 197 1870, chapter 113. TAX FOR DEFICIENCIES. 115 TAX FOK DEFICIENCIES, ETC. 164. (1873, ch. 12, I.) 1 The board of supervisors of any jjgg' county in this state that have not levied the three and one- n ^ half mills tax ordered to be levied by the comptroller of the state for canals and general fund deficiencies are hereby author- ized, in their discretion, to levy the same at a special meeting, called for that purpose, in the manner now provided by law for calling special meetings, and all laws relating to the levying and collecting of taxes now in force shall apply to the levying and collecting of taxes authorized to be levied by this act. 165. (Same ch., 2.) The said boards of supervisors are Ormay hereby authorized, in their discretion, to issue the bonds of bonds and . ' . . tax to pay their respective counties, bearing not more than seven per cent bonds, interest per annum, and payable at such time or times, not later than March first, one thousand eight hundred and ninety- three, as said boards of supervisors shall designate, sufficient to pay the tax mentioned in the first section of this act; and any bonds authorized by any board of supervisors in pursuance of this act shall be a lawful debt against the county authorizing such loan, and it shall be the duty of the board of supervisors of any county, issuing bonds under this act, to levy a tax to pay such bonds and the interest thereon as they shall become due. 166. (Same cA., 3.) The resolutions of the board of Former supervisors of any county in this state already passed authoriz- tfons"" ing the issue of bonds to pay the tax mentioned in the first section of this act, or any resolutions to extend the time of payment of any bonds now due or to become due, with the 1 "An act to authorize the boards of supervisors of the several counties of the state to levy a tax to pay the three and one-half mills tax for canals and general deficiencies and to authorize a loan for that purpose, and to ratify the acts of any board of supervisors in issuing bonds to meet said tax or in extending any loan to enable said boards of supervisors to pay said tax," passed February 10, 1873. See, also, Laws of 1872, chapter 760, page 1156. Chapter 700 of 1872. " An act to supply deficiencies in former appro- priations, etc., by an issue of the bonds of the state, and to provide for submitting the question thereon to the people," and chapter 734 of 1872, "An act to provide means to pay the canal and general fund deficiencies directed to be paid by act chapter 700 of 1872, were held to be unconstitu- tional by the court of appeals, in the case of " Ihe People ex rel. Nelson K. Hopkins, comptroller, etc., respondents v. The Board of Supervisors Kings County" decided May 6, 1873. See opinion by Judge Allen. 116 OF THE CANAL FUND. Bonds, how issued. Action of board of supervis- ors legalized. Do. consent of the holders of such bonds and for the application of any money raised by tax to pay such bonds, for the purpose of paying such tax, are hereby ratified and confirmed. 167. (Same ch., 4.) All bonds issued under and pursu- ant to this act shall be signed by the chairman and clerk of the board of supervisors, and countersigned by the county treasurer of the county at the time they are issued ; such bonds shall be in sums of not less than one hundred nor more than one thou- sand dollars each, and shall not be disposed of by such county treasurer for less than the par value thereof. 168. (1873, oh. 643, 3.) The action of all boards of supervisors, assessors arid collectors of taxes, and all other offi- cers of this state, in imposing, levying and collecting taxes, in obedience to what purported to be chapter seven hundred and thirty-four of the laws of eighteen hundred and seventy-two, and in paying over moneys raised thereby, is hereby ratified, confirmed, legalized and made valid the same as if the said chapter had been and was a constitutional and valid act of the legislature; and all moneys paid by any county into the treasury of the state, or by any town or city into the county treasury, in consequence thereof are hereby declared to be legal, and the amount so paid by any county, city or town shall be held and taken as a satisfaction, in whole or to the extent of such payment, of the amount which said county, city or town would be required to and would raise by tax under the provisions of section two of this act ; and said county, city or town, to the amount of such payment, shall not be compelled or required to raise money by tax in pursuance of section two of this act. But if any of said moneys shall not yet have been paid into the state treasury by any county, the same shall not apply in such satisfaction until the same shall have been paid into the state treasury ; and if any of said moneys shall not yet have been paid into the county treasury by any city or town, the same shall not apply in such satisfaction until the same shall have been paid into the county treasury. 1 169. (Same ch., 5.) The action of any and all boards of supervisors and other public officers of any county or city, who have heretofore borrowed money for their respective counties, 1 Section 4 of this act relates to Kings county. REPAIR CONTRACT SYSTEM ABOLISHED. 117 or issued the bonds thereof, for the purpose of raising money with which to pay to the state treasury the amount required of their respective counties by the comptroller according to said supposed chapter seven hundred and thirty-four, is hereby ratiiied, legalized, confirmed and made valid. And any board of supervisors, or other public officers of any county or city, may hereafter, in accordance with any law authorizing them to borrow money or issue bonds for the purpose of paying the amount of money required by said supposed chapter, proceed to borrow money or issue bonds under such law to raise the money required of said city or county by this act. EEPAIR CONTRACT SYSTEM ABOLISHED. 170. (1870, ch. 55, 1.) All laws and parts of laws Repair '. . contract requiring the letting and keeping the canals in repair, by con- 8 Y st em . tract, are hereby repealed, and the contracting board is hereby abolished. But the repeal of the said laws shall not, except as otherwise provided by this act, invalidate the contracts hereto- fore made, or discharge any of the contractors from the duties and obligations imposed by such contracts or the said laws, and the right of the said contractors to receive from the state any pecuniary compensation or other relief under said contracts, shall not be affected thereby. 1 J THE REPAIR CONTRACT SYSTEM. All the repair contracts now in force on the canals of this state expire on the first day of January, 1874. For this reason, it is not deemed neces- sary to compile at length the laws relating thereto. The following is a condensed statement of the statutes under which all repair contracts have been made : Ch. 327 of 1854, authorized the canal commissioners to let by contract for repairs, one, and not more than three, of the superintendent sections of the Erie canal, with provision for inventories, payments, suits, penalties, etc. Ch. 554 of 1855, extended the provisions of the act of 1854, to any com- pleted superintendent section of the canals, under the approval and direc- tion of the canal board. Ch. 329 of 1854, established the enlargement contracting board, consisting of the canal commissioners, the comptroller and the state engineer and surveyor. Ch. 105 of 1857, directed the enlargement contracting board to let all the completed sections not then under contract for repairs, and authorized the board, in its discretion, to let the uncompleted portion of the canals. It also contained provisions relating to inventories, contracts, payments, publica- tion of notices, penalties, clerk, etc. Section 12 of this act, made it the duty of the contracting board to dispense with the office of superintendent of re- 118 OF THE CANAL FUND. pairs, in all cases where the repairs were under contract, and in certain other cases where the duties might be performed by the resident engineers. Oh. 783 of 1857, substituted the auditor in place of the comptroller in the contracting board. Ch. 495 of 1859, prohibited the canal board from canceling enlargement or repair contracts, and prescribed the duties of certain officers whose duties relate to the canals of this state. Ch. 86 of 1860, repealed eight sections of chapter 105 of 1857, including sec- tion 12, relating to the dispensing with superintendents, and also provided that all laws and parts of laws repealed by section 19 of chapter 105 (relating to appointment of officers named in the act), should be revived and in full force. Ch. 177 of 1861, created the "repair trust fund," of moneys held as security for the performance of repair contracts, directed its investment, and provided for forfeiture to the state or repayment to the contractor. Ch. 348 of 1862 amended the law of publication of notices. Ch. 252 of 1864, authorized the contracting board to make additional allowances to contract prices, permitted the surrender or forfeiture of the contracts in certain cases, and directed that such sections should be imme- diately relet. Ch. 577 of 1867, amending ch. 105 of 1857, contained many important provisions. It gave an appeal to the canal board from the award of con- tracts, directed the deposit of United States bonds as securities, to be held in trust for their faithful performance, and prescribed the duration and the construction of the terms of the contract, and the duties of officers re- lating thereto. It also provided for a covenant, that the contractor should bear and pay the cost of every break in the canal or failure of structures, to the extent and limit of $7,000 ; for the correction of informalities in pro- posals; for the refusal of disadvantageous or excessive bids, and for certain exceptions, changes and rules, that might be made in repair contracts. Sec- tions 11 and 12 were as follows : " 11. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed. " 12. Nothing herein contained, nor in the act hereby amended, shall authorize the appointment or continue in office beyond the first day of June next, any superintendent of repairs on the canals of this state, nor shall any engineer or canal commissioner authorize any work to be performed, or incur any expense relating to said canals, except in pursuance of an appro- priation duly made therefor by the legislature or canal board, or except in case of a breach in the canals when the same shall be abandoned by the contractor having the same in charge." It was held, in the court of appeals, Kearney v. Bell, 38 N. Y. 386, that the first clause of section 12, relating to superintendents of repairs, did not affect the power of appointment of superintendents by the canal board, conferred by the Revised Statutes (ante, 8). That although this power in certain cases was taken away by chapter 105 of 1857, it was revived by chapter 86 of 1862, and the restrictive clause in section 12 only relates to its own pro- visions, and those of the act of 1857, which it amended, from neither of which was this power of appointment derived. For construction of the next clause of this section, see canal board proceedings, 1872. Page 82, chapter 869 of 1868. authorized the attorney-general to test the validity of certain contracts. Since 1863, the annual appropriation acts, for collection of tolls, superin- OF THE PUBLIC LANDS, ETC. 119 tendenee, ordinary repairs, etc., have specially provided for the payment of contractors. From 1867 to 1873, these appropriation acts have all contained the following provisions : " The auditor of the canal department shall notify the canal commissioners of the sum of money that will be needed to pay the drafts during the fiscal year to the contractors for repairs under their contracts upon their respective divisions, and he shall reserve such sums out of the appropriations made by this act for the purpose of paying the monthly drafts to contractors, and no part of the sums so reserved shall be paid or applied to any other object or purpose, and no draft shall be drawn on the auditor in favor of the contractors unless upon a certificate from the canal commissioner in charge that the contractor has fulfilled his contract during the preceding month." The practice has been for the commissioner to require from the superin- tendent in charge of the section, a similar certificate before signing the drafts. For construction of the terms of repair contracts, see 7 Barb. 208, and canal board proceedings, 1868, pp. 64 and 68. As to liability of contractors see 4 Hill, 030; 5 Lans. 293 and 344, and Robinson v. Chamberlain, 34 X. Y. p. 389. ' 'h. oo of 1870, abolishing the repair contract system, is printed in full in ch. 9, title 9, art. 4, " Of the canal board," post, 523-534, etc., of this Manual. For a construction of the provisions of this act, see canal board proceed- ings, 1870, p. 87. TITLE V. OF THE PUBLIC LANDS AND THE SUPERINTENDENCE AND DISPO- SITION THEREOF. AKTICLB 1. Of the general powers and duties of commissioners of the land office. ********* 6. Of the duties of the commissioners of the land office in regard to lands belonging to the canal fund. ARTICLE I. GENERAL POWERS AND DUTIES. SECTION 184. Commissioners of land office, of whom to consist. 185. To superintend the public lauds and to direct the granting thereof. 186. What number may execute powers of board. 187. Secretary of state to convene commissioners ; who to preside at meeting. 188. Deputy secretary of state to be clerk ; his duty. 189. To prescribe form of letters patent ; reservation of gold and silver mines. 120 OF THE PUBLIC LANDS, ETC. SECTION 190. To make compensation for failure of title to lands purchased of state. 191. May require attendance of witnesses and the production of books, papers, etc. SECTION 184:. (Const., Art. V, 5.) The lieutenant-governor, speaker of the assembly, secretary of state, comptroller, treasurer, attorney-general and state engineer and surveyor shall be the commissioners of the land office. Powers 185. (R. &i 1.) The commissioners of the land office ies< shall have the general care and superintendence of all lands belonging to this state, the superintendence whereof is not vested in some other officer or board. They shall also have power to direct the granting of the unappropriated lands of the state, according to the directions from time to time to be prescribed by law. what 186. (R. &, 2, modified Const., Art. V.} All the powers may now vested or hereafter to be vested in the commissioners, the powers may be executed by a majority of the board, or by any three board. of them, if the [state engineer and surveyor] be one of such three. How con- vened and presided over. 187. (R. /, 3.) The secretary of state shall convene the commissioners as often as may be necessary for the trans- action of business. At every meeting the lieutenant-governor, if present, shall 'preside ; if he be absent, the members present shall choose their chairman. Deputy 188. (R. /&, 4.) The deputy secretary of state shall be of C state y to clerk to the commissioners, and shall enter the minutes of their His C duty. proceedings in a book to be provided for the purpose, which shall be kept in the secretary's office, in proper order, with the papers and documents which may be presented to the board. Letters patent. Failure of title. 189. (R. 8., 5.) All letters patent hereafter to bo granted shall be in such form, as the commissioners shall direct, and shall contain an exception and reservation to the people of this state of all gold and silver mines. 190. (R. &, 6.) Wherever the title of the people of this state to lands granted under its authority shall fail, and a legal DUTIES OF COMMISSIONERS OF THE LAND OFFICE, ETC. 121 claim for compensation, on account of such failure, shall be preferred bj any person entitled thereto, it shall be the duty of the commissioners to direct the payment of the original pur- chase-moneys, which may have been made to the state by such person, with interest at the rate of six per cent from the time of such payment, to be paid out of the treasury on the warrant of the comptroller. 191. (1839, ch. 134, 1.) The commissioners of the land Attend- ance of omce may require the attendance of any person as a witness witnesses on the part of the state, whenever in their opinion the interest of the state may render it proper, in relation to any applica- tion that is or may be pending before them ; and for that pur- pose they may issue subpoenas, which shall be signed by their chairman for the time being, commanding any such person to appear and testify before them, relative to the subject of such application, and to bring forward and to produce to them, any writings, books or papers, that may be designated in such sub- poena in his possession, or within his control ; and every per- Penalty, son who after being served with such subposna and tendered the legal fees, shall, without reasonable cause, refuse or neglect to appear and produce such writings, books or papers, or appear- ing, shall refuse to testify as to any facts within his knowledge relative to the subject-matter of such application, shall forfeit one hundred dollars to the people of this state, and shall be liable to be committed to prison by the said commissioners until he shall submit to testify and produce such writings, books or papers; and all expenses necessarily incurred in procuring the attendance of any witness and his legal fees, upon being certified by the said commissioners, shall be paid by the treasurer on the war- rant of the comptroller. ARTICLE VI. OF THE DUTIES OF THE COMMISSIONERS OF THE LAND OFFICE IN REGARD TO LANDS BELONGING TO THE CANAL FUND. SECTION 192. Commissioners to dispose of such lands. 193. Expenses and surveys thereof, how defrayed. 194. Conditions of such sales. 195. To appoint agents to prosecute for trespasses. 196. Agents to give security. 197. May bring suits in name of the people. 198. Compensation and expenses of agents, how paid. 16 122 OF THE PUBLIC LANDS, ETC. OF THE SALE OF ABANDONED LANDS. SECTION 199. Canal board to determine when lands taken for canal may be sold. 200. Canal board to determine abandoned lands ; how disposed of. 201. Original owner or owners to have preference in sale of such lands. 202. Commissioners of land office may require proof of right before grant. 203. Act of 1857 extended in certain cases. 204. Not to apply to lands heretofore sold or to dry docks at Oswego. Canal fund SECTION 192. (R. S., 78.) The commissioners of the land disposed office shall dispose of the lands conveyed to this state for the benefit of the canal fund, in such manner, at such times, and on such terms, as they shall judge best for the interest of the canal fund ; and for that purpose, they shall, from time to time, cause such surveys and examinations to be made as they shall deem necessary. Expenses 193. (R. S., 79.) The expenses of such surveys and urveys. examma ti ons s h a ]] ^ e defrayed in the same manner as the ex- penses relating to the surveys and sales of the unappropriated lands of this state. Purchase- 194. (R. /&, 80.) Whenever any part of such lands shall how'pay- be sold, the commissioners shall require at least fifty per cent of the purchase-money to be paid in hand, or secured to their satisfaction, on other property, payable in three annual install- ments, with interest ; and in either case, the residue of the pur- chase-money shall be payable in three yearly payments, with interest at the rate of six per cent per annum. Appoint- 195. (R. S., 81.) The commissioners of the land office agents . shall, from time to time, appoint discreet agents, to prosecute all trespassers on any lands belonging to the canal fund. security. 196. (R. $., 82.) Every such agent shall give such rea- sonable security, from time to time, to the people of this state, for the faithful execution of his trust, as the commissioners shall require and approve. Powers 197. (R. $., 83.) He may bring suits in the name of the ties. people against all persons who shall have trespassed on the said lands, and may prosecute the same to judgment and execution, OF THE SALE OF ABANDONED LANDS. 123 198. (R. S., 84.) The costs and expenses which such Expenses, agent may incur in any snch suit, together with such compensa- tion for services as the commissioners shall deem just, shall be paid to him out of the treasury ; but no allowance shall be paid to him for any suit in which the defendant shall succeed on the trial, unless the commissioners shall be satisfied that there was probable cause for bringing such suit. OF THE SALE OF ABANDONED LANDS. 199. (1849, ch. 352, 3.) Whenever the canal board shall Lands, when to be by resolution determine that any lands taken for the purpose* sold - of the canal may be sold beneficially to the state, the commis- sioners of the land office may sell, grant, and convey the right, title and interest of the state in such lands, and the proceeds of such sale shall be credited to the fund appropriated for the construction of the canal for which such lands were taken. 200. (1857, ch. 267, 1.) Whenever the canal board shall Abandon- ed lands. by resolution determine that any lands taken for the purposes of the canals of this state have been abandoned, and that the title of the state to said lands was acquired by purchase from the owner or owners, it shall and may be lawful for the com- missioners of the land office to sell, grant and convey the right, title and interest of the state in such lands, and credit the pro- ceeds of such sale to the fund appropriated for the construction of the canal enlargement, improvements and repairs of the same ; and in case it shall appear that the title of the state to said lands was acquired by grant or otherwise from the owner or owners, and without the payment of any sum or sums what- ever by the state for sucli lands, it shall and may be lawful for the commissioners of the land office to release all the right, title and interest of the state in and to such lands to the per- sons so granting the said lands to the state, or from whom the title was acquired by the state, to his or their heirs, grantees or assigns, upon and subject to such rules, regulations and requirements as may be deemed for the interest of the state ; provided that where any of such lands shall, at the time of such abandonment, be used as or for a hydraulic canal, the convey- ance shall not in any respect prevent the future use of the land for the same purpose, but shall expressly reserve the right to continue such hydraulic canal. 201. (Same oh., 2.) The original owner or owners of said DO. abandoned canals, their heirs or assigns, who may be the owners 124 OF THE PUBLIC LANDS, ETC. of the lands adjoining thereto, shall have the preference for one year subsequent to the passage of said resolutions by the canal board, to purchase the same by payment to the commis- sioners of the land office of the amount originally paid by the state for said lands. DO. 202. (1869, ch. 196, 1.) Whenever the commissioners of the land office by- any existing statute have power to make a grant of any lands or interest therein to any party, they shall have power summarily to inquire into the rights of such party thereto, upon such proof as by regulation they shall prescribe ; but this act shall not apply to grants of land under water. DO. 203. (1869, ch. 361, 1.) The act entitled " An act in relation to abandoned canals," passed April sixth, eighteen hundred and fifty-seven, being chapter two hundred and sixty- seven of said laws, shall apply, and is hereby declared to extend to cases in which the land at the time taken for canal purposes was owned by the state, but with the adjoining lands were subsequently conveyed by the state without any express reser- vation of the portion covered by the canal, so that under the said law the grantees of the state, their heirs and assigns, shall stand in the same position with respect to abandoned canals, as the like representatives of individuals hold and enjoy ; provided they shall pay therefor such sum or sums as the commissioners of the land office shall deem just and equitable. 204. (Same ch., 2.) Nothing herein contained shall be considered as applying to any abandoned canals heretofore sold and conveyed by the state; nor to any dry docks built by per- mission of the state within the canal blue lines in the city of Oswego. 1 1 DIBECTIONS TO APPLICANTS FOB GRANTS OP ABANDONED CANAL LANDS. 1st. Directions for procedure before the canal board to procure the abandonment of canal lands. CANAL DEPARTMENT, | ALBANY, August 19, 1861. f At a meeting of the canal board, held at the canal department on the 16th of August, 1861, the following resolution was adopted: Resolved, That hereafter, applicants to the canal board for the abandon- ment of any portion of the canal lands of this state under chapter 267, Laws of 1857, will be required to comply with the following requirements, and furnish the following documents, to wit : DIRECTIONS TO APPLICANTS, ETC. 125 1st. The applicant must present an accurate description and map of the tands sought ta be declared abandoned, made by the resident engineer upon the canal nearest to such lands, together with the statement of the opinion, of ^uch engineer, as to the propriety of granting or refusing such applica- tion, and his reasons for such opinion, and such map to present a view of as much of the premises surrounding the lands asked to be abandoned as will, together with the statement of the engineer, give all the facts necessary for a full understanding of the merits of the application. The description of the lands sought to be declared abandoned should be written out in full from the survey of the resident engineer (or prepared by a sworn surveyor), for insertion in the Patent of Release by the people of the state of New York, to the applicant, and the correctness of said sur- vey bill be certified by the engineer or surveyor making the same. 2d. The applicant must also, in his application to this board, set forth in what manner the state originally obtained title to the lands applied for, whether by purchase or otherwise ; and in case the state originally pur- chased the same, then the applicant shall refund to the state for the benefit of the canal enlargement or repair fund, the proportionate amount paid originally for the lands sought to be declared abandoned. 3d. The applicant will be required to furnish and present a complete abstract of title to the lands applied for, showing a continuous chain from the time the canal was constructed down to the time of his application, proving (unless he be the original owner) the various conveyances down to such applicant, from the original owner, at the time the canal was con- structed. A county clerk's abstract of title, or certified copies of the several title deeds, should be produced in this connection, and remain on file in the canal department, as evidence of title. 4th. It should be made clearly to appear from the maps, survey bill and title papers, whether the applicant owns the adjoining lands on only one or both sides of the canal sought to be declared abandoned. 5th. The petition of the applicant to this board must contain all the facts in connection therewith, and should also state whether any of the lands sought to be declared abandoned are used as for a hydraulic canal, and said petition should be duly verified. I certify tl\e foregoing to be a true extract from the minutes. W. McGOURKEY, Deputy Auditor. 2d. Directions for procedure before the commissioners of the land office, to obtain letters patent for canal lands declared abandoned by the canal board. At a meeting of the commissioners of the laud office, held at the office of the secretary of state, on the 16th of August, 1861, the following resolu- tion was adopted : R-'toloed, That hereafter applicants for grants of abandoned canal lands; und':r chapter 267, Laws of 1857, be required, in connection with the appli- cation to the commissioners of the land office, to furnish a certified copy (under seal of the auditor of the canal department) of the resolution of the canal board, declaring the lands applied for. abandoned for canal purposes and, also when any consideration is paid for the lands to the state, the treasurer's receipt, in full, for the amount as fixed and determined in the proceedings of the canal board, or this board. 126 OF THE CANALS. In all cases where the applicant owns the adjoining lands on both sidea of the canal, he will be entitled (upon complying with the requirements of this board) to a release of the entire abandoned canal running through his lands. The original owner, at the time the canal was constructed, shall have no claim to the abandoned canal, unless he owns the lands adjacent to such canal. In case he has conveyed the adjoining lands, he thereby forfeits his claim to such abandoned canal. The applicant, in order to obtain title from the state for such canal lands, must either be the original owner (if still owning the same) of the lands, when the canal was constructed, or the assignee of the original owner, as per decision of the attorney-general, ren- dered to this board, September 21st, lt'58. Whenever the applicant owns lands only on one side of the canal, he will only be entitled to a release to the middle of the abandoned canal, unless the person or persons owning on the opposite side fail to apply within one year after the lands are declared abandoned by the canal board, in which case the board may, in its discretion, sell and convey the entire abandoned canal along the lands of the applicant, to such adjacent owner on the one side thereof. All conveyances of abandoned canal lands shall be by quit-claim patent, and the fees for such patents, in all cases under the act of 1857, are confirmed, determined, and shall hereafter continue to be, the same as for grants of land under water, that is to say, five dollars for each patent. Extract from the minutes of tJie commissioners of the land office. DATED November 14, 1865. R'solved, That hereafter before any application for a conveyance of canal lands under chapter 267, Laws of 1857, be considered by this board, satis- factory proof be furnished that the owners of premises of which such land form a part, have been duly notified of such application. TITLE IX. OF THE CANALS. 1. Designation and description of canals. 2. Of the canal commissioners and their general powers and duties. 3. Of the appraisement of damages. 4. Of the canal board, their powers and duties. 5. Of water privileges, and the sale of surplus waters. 6. Of the superintendents of repairs and the collectors of tolls. 7. Regulations and penalties concerning the navigation of the canals and the collection of tolls. 8. Regulations and penalties concerning the protection and main- tenance of the canals. 9. Miscellaneous provisions of a general nature. [10.] Of the state engineer and surveyor, division, resident and assistant engineers, and their general powers and duties. DESIGNATION AND DESCRIPTION. 127 ARTICLE I. DESIGNATION AND DESCRIPTION OF THE CANALS. SECTION 210. Names of the canals. Ten in number. 1. The " Erie canal." 2. The " Champlain canal." 3. The " Cayuga and Seneca canal." 4. The " Os wego canal." 5. The " Crooked Lake canal." 6. The " Chemung canal." 7. The " Chenango canal. " 8. The " Black River canal and Erie canal feeder," and the " Improvement of Black river, from High Falls to Carthage." 9. The " Qenesee Valley canal." 10. The " Oneida Lake canal," " Oneida Creek feeder," and the " Seneca river, from Oneida lake to Baldwin's Mills." 211. The Erie and Champlain canals declared to be completed. 212. Canal board to declare when other canals are completed ; powers of commissioners then to cease. 213. Maps of canals to be made. 214. To be compiled by commissioners, and filed in [auditor's] office. 215. [Auditor] to send copy to every county intersected by canal, to be filed in clerk's office. 216. A transcript from original or certified copy of map to be pre- sumptive evidence. 217. Maps of 1 the canals presumptive evidence of title in the state. 218. Provisions of this title to apply to all state canals. ENLARGEMENT AND IMPROVEMENT ACTS. 219. The Erie, Oswego, and the Cayuga and Seneca canals, to be enlarged. 220. The enlargement of the Erie, the Oswego and the Cayuga and Seneca canals, and completion of the Qenesee Valley and Black River canals, to be finished by 1st of June, 1861 ; di- mensions, etc. 221. Bevels of locks to be cut, and bridges raised on the Erie, Oswego, and the Cayuga and Seneca canals. 222. Enlargement declared completed from September 1, 1862. 223. Canal board prohibited from changing plans of completed canals. 234. Hamburgh and Main street basin, Buffalo, to be completed. 225. Canal board authorized to accept Clark and Skinner canal, from the city of Buffalo. 226. Improvement of Champlain canal and Glen's Falls feeder. 227. Enlargement of Champlain canal, tax, etc. 228. Dimensions. 229. Maps, plans and estimator, to be submitted to canal board. 128 OF THE CANALS. Names of the canals. Erie. Cham- plain. Cayuga and Seneca. Oswego. Crooked Lake. Chemung. Chenango. SECTION 230. Prosecution of the work, contracts, etc. 231. Enlargement Erie and Oswego canals, for ship canal, whenever the United States shall furnish the funds. 232. Enlargement of Champlain canal for ship canal, when the United States shall furnish the funds. 223. Dimensions and character of work, how determined. 234. Navigation thereof, how regulated. 235. Appropriations, how expended. 236. No debt, to be incurred by the state. OF THE CANALS, DESIGNATION AND DESCRIPTION. 210. (R. &., 1.) The navigable communications hereto- fore constructed, and now in the progress of construction, by the state, shall be known and designated as follows : 1. The navigable communication connecting the waters of Lake Erie with those of the Hudson river, and all the side cuts, feeders and other works belonging to the state, connected therewith, by the name of the " Erie canal." 2. That connecting the waters of Lake Champlain with those of the Hudson, and the works belonging thereto, by the name of the " Champlain canal." 3. That commencing at Geneva, and terminating near Mon- tezuma, and connecting the waters of the Seneca lake with the Erie canal, and the works belonging thereto, by the name of the " Caynga and Seneca canal." 4. That commencing at Syracuse, and terminating at Oswego, by the name of the " Oswego canal." [5. (1829, oh. 120.) That from Crooked lake, down the outlet thereof, to Seneca lake, by the name of the " Crooked Lake canal."] [6. (1829, ch. 135.) That from the head waters of the Seneca lake to the Chemung river (a branch of the Susque- hanna) at the village of Elmira, and also a navigable feeder from the summit level to the Chimney Narrows on the Che- mung river, in the town of Painted Post, by the name of the " Chemung canal."] 1 [7. (1833, ch. 32.) That from Binghamton, in the county of Broome, up the valley of the Chenango river to its head waters, and thence by the most advantageous route to the Erie canal, by the name of the " Chenango canal."] 1 1 Ch. 227, of the Laws of 1854, authorized the connection between the Junction canal at Elmira and the Chemung canal under certain regulations and reservations, see ^ 385, post. * Ch. 115, of 1863. directs that "the canal commissioners shall, from time to time, aa funds shall be appropriated, extend the Chenango canal DESIGNATION AND DESCRIPTION. 129 [8. (1836, ch. 157.) That from the foot of the high falls, in Black the Black river, in the county of Lewis, to the Erie canal at Rome, and a navigable feeder from the Black river to the Summit level near the village of Boonville, by the name of the "Black River canal and Erie canal feeder," and the u lm- provement of Black river " from High Falls to the village of Carthage, so as to make the same navigable for steamboats drawing four feet of water.] 1 [9. (1836, ch. 257.) That from the Erie canal, in the city Genesee of Rochester, through the valley of the Genesee river, to a point at or near Mount Morris, and thence to the Allegany river at or near Olean, and a branch commencing at or near Mount Morris, and extending up the valley of the Canaseraga creek, at or near the village of Dansville, by the name of the " Genesee Valley canal."] 3 [10. (1841, ch. 195, 2.) All the provisions of law in rela- oneida tion to the completed canals of this state, so far as the same canal may be applicable, are hereby extended to the Oneida Lake canal and feeder, and to the Seneca river from the Oneida lake to Baldwin's mills.]* from its present termination at or near the village of Binghamton, down the Susquehanna Valley, by the most advantageous route, to the state line near Athens, Pennsylvania." With provisions relating to its depth and size, restrictions on expenditures, etc. For further legislation and appro- priations on Chenango Valley extension, see Laws 1864, ch. 185 ; 1865, ch. 709 ; 1866, chs. 304, 649 and 794 ; 1868, chs. 346 and 715 ; 1869, ch. 877 ; 1870, ch. 767; 1871, ch. 930; 1872, chs. 583, 700 and 850; 1873, chs. 643 and 708. Ch. 830, of 1872, authorized the commissioner in charge to sell the perishable property belonging to the state on the Chenango extension. As to use of tow-path south of Binghamton for a railroad, see 401, post. 1 For laws relating to Black River canal and feeder, see " canal commis- sioners," art. 2 of this chapter, g 405 to 413. The act of 1836 permits the passage of the waters of the Black River to the Erie canal, by turning it into Lansing's kill or the Mohawk river. 2 Ch. 305, of 1846, authorized the canal board to assume in behalf of the state the Dansville slip and basin, and provided that after certain condi- tions were performed, that the same shall be a part and parcel of the Gen- esee Valley canal. For appropriation for Loon lake, see 1872, ch. 850. Ch. 247, of 1857, directed the canal commissioners to extend the Genesee Valley canal " from a point near the canal basin at Olean to Mill Grove pond on the Allegany river, a distance of about six miles." This extension was brought into use and the Genesee Valley canal declared completed by the canal board May 25, 1863. 3 For legislation relating to Oneida lake, river and canal, Fish and Wood creeks, see Laws 1832, ch. 53; 1835, ch. 70; 1836, ch. 443; 1838, ch. 284; 17 130 DESIGNATION AND DESCRIPTION. Certain canals com- pleted. Comple- tion of others, how de- clared. Maps, etc., of canals. 15 Barb. 627. See appen- dix, page A. Appor- tionment and de- scription of canal lands. Where filed. 211. (E. S. t 2.) The Erie and Champlain canals are hereby declared to be completed, and all the powers and authority heretofore given by law to the canal commissioners, in relation to the construction of those canals, shall be deemed to have been executed. 212. (R. $., 3.) "Whenever any canal now in the pro- gress of construction, or that shall hereafter be constructed, shall be completed, the canal board shall, by an order, declare the fact of such completion, and from that time all the powers and authority of the canal commissioners, in relation to the construction of such canal, shall cease. 213. (It. /, 4.) A complete manuscript map and field notes, of every canal that now is, or hereafter shall be com- pleted, and of all the lands belonging to the state adjacent thereto or connected therewith, shall be made, on which the boundaries of every parcel of such lands, to which the state shall have a separate title, shall be designated, and the names of the former owners and the date of each title be entered. The expense thereof shall be paid out of the canal fund. If the canal commissioners, on examination of the premises, be satisfied that the cost and expense of making such map, field notes and survey, will exceed the sum of five thousand dollars, no such map and field notes shall be compiled. 214. (It. S., 5.) Every such map shall be compiled by the canal commissioners, who shall, for that purpose, cause all 1839, ch. 284. The canal to be purchased by the state : 1840, ch. 258 ; 1841, chs. 195 and 238 ; 1846, ch. 325 ; 1847, ch. 261 ; 1849. ch. 221 and 425 ; 1851, cha. 308 and 407; 1852, ch. 230; 1853, ch. 64; 1854, ch. 220; 1855, ch. 531 ; 1856, ch. 165 ; 1859, ch. 425 ; 1860, ch. 46 ; 1862, chs. 74 and 486 ; 1864, ch. 476; 1867, ch. 934; 1868, ch. 407; 1869, chs. 815 and 913; 1870, ch. 737 ; 1871, chs. 778 and 930 ; 1872, chs. 700 and 850 ; 1873, chs. 643 and 766. Ch. 934, of 1867, directed the enlargement of the Oneida Lake canal, and authorized a change of line for certain causes, prescribed tolls through the lake, etc. The sixth section is as follows : " 6. A change of the location of said canal, in whole or in part, shall not be deemed or considered as a release or abandonment by the state of the ownership of the Oneida creek feeder, but said feeder shall be maintained and all the waters thereof taken into the Erie canal." As to damages growing out of Oneida river improvement, etc., see canal appraisers' report, 1868, p. 7. Hy ch. S50, of 1872, a change of plan of completion is permitted, to be determined by the canal commissioner and state engineer. ENLARGEMENT, IMPROVEMENT, ETC. 131 necessary surveys to be made ; when prepared, it shall be sub- mitted to the canal board for its approbation ; and when so approved, shall be signed by the canal commissioners, be cer- tified by them as correct, and be filed in the office of the comptroller. 1 215. (Modified 1848, eft. 162.) A copy of each map so filed, togther with the field books and notes of such survey, or of such part thereof as the canal board shall direct, shall be transmitted by the comptroller to every county intersected by the canal to which the map shall relate, and shall be filed in the clerk's office of such county. 1 216. (R. >, 7.) A transcript from the original map, or Copy to be evidence. from a copy thereof, certified as correct, by the officer with is Barb, whom such map or copy shall be filed, shall be received as pre- sumptive evidence, in all judicial and legal proceedings. 217. (1837, ch. 451, 6.) The original maps of the canals Maps of of this state, which purport to have been made and completed evidence r of title to under and in virtue ot the first article of title nine, chapter land, nine of the first part of the Revised Statutes, which said maps are now filed in the office of the comptroller ,* and such maps of said canals as hereafter shall be made, completed, approved, signed, certified and filed under and in virtue of the act referred to, are hereby declared to be presumptive evidence that the lands indicated on said maps as belonging to the state, have been taken and appropriated by the state as and for the canals ; and a transcript from any such maps, certified as required by the act referred to, shall be of equal effect with the original. 218. (H. $., 8.) The provisions of this title shall be con- Appiica- strued to apply to every canal belonging to the state, of which this title, the construction now is or hereafter shall be authorized by law. ENLARGEMENT, IMPROVEMENT, ETC. 219. (1854, ch. 329, 2.) * * * The Erie, the Oswego, and the Cayuga and Seneca canals, shall be enlarged to the general dimensions of seventy feet in width upon the surface, f 3 ' 7N : Y 1 Since 1841, ch. 218, all maps and papers relating to the canals have been filed in the canal department, and since 1848, ch. 162, the duties relating thereto formerly discharged by the comptroller have devolved upon the auditor. 132 DESIGNATION AND DESCRIPTION. by seven feet in depth, except where, in the opinion of the canal board, greater dimensions may be necessary to supply a suffi- cient quantity of water for the purpose of navigation and for the construction and completion of such basins as may be deemed necessary, by the canal board, and also, except in locali- ties where a due regard to economy and the interests of the state require that such- specified width should, in the opinion of the canal board, be varied. 1 Do. 220. (1860, ch. 213, 3; amended 1861, ch. 332.) The enlargement of the Erie, the Oswego, and the Cayuga and Seneca canals, shall be so far completed in the spring of 1860, before they are opened for navigation, as to give the full depth of seven feet channel and the full width of sev- enty feet to all the completed portions thereof; and upon any uncompleted portions the full depth of seven feet, and as much width as shall be necessary for loaded boats drawing six feet of water to pass each other, without hindrance or delay ; and seven feet depth of water shall thereafter be steadily main- tained upon all portions of said canals during the navigable season, and the said canals, and also the Genesee Yalley and Black River canals, shall be entirely completed, and the con- struction accounts thereof fully ended and closed before the first day of June, 1861. Bevels oi 8 221. (Same ch., 4.) The canal commissioners are author- locks ized and required to cut out the bevels from the bottom of the locks on the Erie, the Oswego, and the Cayuga and Seneca canals whenever it shall be necessary, so as to give a uniform width of eighteen feet, as nearly as may be, upon the mitre sill. Also to raise such of the bridges over said canals as are not now twelve feet from the top of the water when the canal is full, to that height. * * * The expenses incurred under this section shall be paid out of the funds appropriated to the 1 The first laws for doubling the locks and commencing the enlargement of the Brie canal were passed in 1834, ch. 312, and 1835, ch. 274. Under these laws the canal board decided that the Erie canal should be enlarged to seven feet depth of water and seventy width of surface. That the enlarged locks should be one hundred and ten feet long between the quoin posts and eighteen feet width of chamber. Vide report of canal board, assembly document No. 98 of 1836. Also, see 1840, chs. 37 and 161 ; 1841, ch.194; 1842, ch. 114; 1844, ch. 278; 1846, ch. 326. The enlargement and "revenue certificate" law of 1851 was declared unconstitutional. 3 Barb. 63 and 188 ; 3 Selden, 9, and was repealed in 1854. ENLARGEMENT, IMPROVEMENT, ETC. 133 several canals by this act, if not otherwise provided for, and the work shall be done as soon as practicable. 222. (1862, ch. 169, 1.) All contracts for the enlarge- Enlarge- ment and completion of the canals of this state, as contem- dared plated by section three of article seven of the constitution, and pieted. not hereinafter provided for, shall be executed and performed in accordance with the plans, maps and specifications heretofore prescribed and adopted on or before the first day of September next after the passage of this act, and the accounts for the said enlargement and completion shall be closed as soon thereafter as may be, and no more work shall thereafter be done, or mate- rials procured, under pretense of enlarging and completing said canals, and the same shall be deemed and considered finished and completed, and from that time all the powers and authority of the contracting board in relation to the enlargement, com- pletion and construction of such canal shall cease. 223. (Same ch., 2.) After the passage of this act the canal canal board shall not have power to change the plan of finishing Mbit'ed , , , , . . , from and completing the work of enlarging and completing said changing canals as heretofore fixed and determined by the resolutions of compiet- said board ; nor shall the said board have the power to change the plan of construction of a completed canal, its banks, locks, waste-weirs, culverts, bridges, or any other structure or matter or thing connected therewith, except to allow and certify to such works of extraordinary repairs and improvements in a completed canal as is contemplated by the existing statutes of the state. 224. (184:0, ch. 307, 1.) The canal commissioners are Hamburgk and M ain hereby authorized to complete the " Hamburgh and Main street street basin," in the city of Buffalo, agreeable to the plan and Buffalo, estimate of Alfred Barrett, contained in his report to the canal commissioners in compliance with a resolution of the assembly, passed April 19, 1839, provided the corporation of the city of Buffalo and the common council shall, before the commence- ment of any work therein, cede to the state a full and perfect title to the lands appropriated and necessary for the said basin without cost or charge to the state. 1 1 For legislation relating to Main and Hamburgh street canal, see Laws 1838, ch. 116; 1839, page 372; 1840, ch. 307; 1847, ch. 445; 1848, ch. 213.; 1850, ch. 354; 1851, ch. 285 ; 1870, ch. 650. NOTE. By chapter 943 of the Laws of 1871, the legislature authorized 134 DESIGNATION AND DESCRIPTION. Clark and 225. (1863, ch. 40, 1.) For the purpose of accomplishing canai, the objects expressed in the resolution of the canal board of the 18th and 19th of April, 1843, so far as the same remain unexecuted in regard to the Clark and Skinner canal or slip, in the city of Buffalo, and of the views of the canal board in relation to the same subject, as expressed in the report of the said board to the assembly, dated September 27, 1847, assem- bly document ]$To. 205, the canal board is hereby authorized to accept the Clark and Skinner canal or slip as contemplated by the said resolution and report, and the said canal board is hereby further authorized to accept from the city of Buffalo a conveyance and transfer of the said Clark and Skinner canal or slip, to the people of this state, and also any and all other necessary conveyances, releases and acquittances to the people of this state from individuals or corporations, to vest the absolute title and property of the said canal or slip in the people of the state of New York, with the banks, towing- paths, bridges and other structures now being thereon. 1 improve- 226. (1860, oh. 213, 2.) The whole of the tax levied ciiampiain and collected each year under the first section of this act, shall Giens be paid into the treasury of this state to the credit of the feeder. canal fund, and shall be and is hereby appropriated as follows : * * * To the improvement of the Champlain canal and Glens Falls feeder, in such manner as to give in its entire length a uniform depth of five feet of water, and a uniform width of thirty-five feet on the bottom, as nearly as it can be judiciously done in the opinion of the canal board, and to re- build the residue of the locks on said canal, as soon as the demands of navigation may require them to be rebuilt, and to the canal board "to cut down the state dam at the mouth of Tonawanda creek two feet, and to excavate rock and earth in the canal and Tonawanda creek, between Lockport and Tonawanda, so that there should be no obstruction to canal navigation, if, in their opinion, the same is necessary," and appropriated $100,000 for said work out of any moneys appropriated, or to be appropriated, for ordinary repairs of the canals. The canal board held, in October, 1871 (see proceedings, page 201), that it was without power to prosecute the work by reason of the constitutional provision, which prohibits the application of the canal revenues to the con- struction of new work. See also 1868, ch. 880, and Burbank v. Fay, 5 Lansing's Reports, 397. 1 See 1804, ch. 469; 1865, ch. 67o ; 18(58, ch. 715. ENLARGEMENT, IMPROVEMENT, ETC. 135 stop the leaks iii the Glens Falls feeder, the sum of one hun- dred and seventy thousand dollars. 1 227. (1870, ch. 788, 1.) There shall be imposed for the fiscal year commencing on the first day of October, eighteen hundred and seventy, in addition to any other tax levy, a tax of twenty-five thousand dollars, and for the fiscal year com- mencing on the first day of October, eighteen hundred and seventy-one, in addition to any other tax levy, a tax of four hundred thousand dollars on the real and personal property taxable in this state, to be assessed, raised and collected upon and by the annual assessments and collection of taxes for each of said fiscal years, in the manner prescribed by law, to be paid by the county treasurers respectively, into the treasury of this state, to be there received, held and paid for the objects and purposes prescribed in this act. 228. (Same ck., 2.) The whole of the tax levied and collected under the first section of this act shall be paid into the treasury of the state to the credit of the canal fund, and is hereby appropriated and shall be applied as follows : The said sum of four hundred and twenty-five thousand dollars, the proceeds of said tax, shall be applied and expended for and toward the enlargement of the Champlain canal in such man- ner as to give throughout the entire length of such canal a uniform depth of seven feet of water, and width of forty-four feet on the bottom, and fifty-eight feet at water-surface, except as in the opinion of the canal board may be required for busi- ness purposes, when in that case the walls may be made verti- cal, but retaining the same depth of water and width at water surface, and no part of the said appropriation shall be applied on or for any other object or purpose until the above enlarge- ment shall be made and completed. 229. (Same ch., 3.) The state engineer is hereby author- Surveys ized and it is made his duty to make or cause to be made the necessary surveys, maps, plans and estimates of such proposed enlargement at the earliest time practicable, and by the first day of October, eighteen hundred and seventy, and under the provisions of chapter four hundred and seventy-seven of the 1 For farther legislation for " improvement of Champlain canal," see Laws 1862, ch. 137 and ch. 169, 6 ; 1864, ch. 186 ; 1866, ch. 156 ; 1868, ch. 715 ; 869, ch. 877 ; 1870, chs. 767 and 788. 136 DESIGNATION AND DESCRIPTION. laws of eighteen hundred and sixty-five, and locate the line of said work. No part or portion of the moneys herein appro- priated except to pay the expenses of said surveys, shall be expended or paid, nor shall any contract involving such expen- ditures and payment be made on behalf of this state until the maps, plans and estimates for such work shall have been sub- mitted to and approved by the canal board, and the work shall be advertised and let to the lowest bidder. os- | 230. (Same ch., 4.) On the revision, approval or adop tion by the canal board of the maps, plans and estimates, as provided in section three of this act, the canal commissioners shall, from time to time, advertise and let to the lowest bidder, so much of the said work as may be ordered by the said canal board, and it shall be the duty of the canal commissioners, and they are hereby required, to have all work on the improvement of the Ohamplain canal authorized by chapter one hundred and eighty-six of the laws of eighteen hundred and sixty-four, and under subsequent appropriations for the same purpose, and now in progress, so constructed as to conform to the dimensions prescribed in section two of this act, and upon the line of en- largement as determined by the canal board, if the contractor or contractors performing such work under contracts that shall be in existence on the first day of October next shall consent to such requirements, or such contractor or contractors may surrender his or their contracts entered into for the perform- ance of said work, or the canal board may by resolution annul the same ; and the canal board are hereby authorized to make a final settlement with all the said contractors who may elect to surrender their contracts, or whose contracts may be annulled as aforesaid, as fully as if said contracts had been completed. After said surveys, maps, plans and location of the line of enlargement shall have been approved by the canal board, and the said improvement contracts shall have closed, or a sufficient sum in the judgment of said board shall have been left for the purpose of fulfilling the same, all of the unexpended balance of any moneys appropriated for the improvement of the Cham- plain canal shall be transferred to the fund provided for in this act for the enlargement of the Champlain canal. 1 1 See canal board proceedings, 1870, pp. 51, 86, 92, 251 ; 1871, pp. 161, 165 and plans adopted, 190. ENLARGEMENT, IMPROVEMENT, ETC. 137 231. (1862, ch. 415, 1.) ' Whenever the government of u. s. en- the United States shall provide the means, either in cash or Eril Sid" their six per cent stock or bonds, redeemable within twenty canals for shi p years, for defraying the cost of enlarging a single tier of locks, canal, or building an addition tier in whole or in part upon the Erie and the Oswego canals, including any necessary alteration of said canal s, or their structures, to a size sufficient to pass vessels adequate to the defense of northern and northwestern lakes, the canal board shall, without delay, put such work under con- tract, in the manner now required by law, to be constructed and completed at the earliest practicable period, without serious interruption to navigation, with power, in the discretion of the canal board, to direct the construction of new and independent locks, when found more advantageous. The said canal board shall, whenever the government of the United States shall pro- vide the means as aforesaid, construct a canal of the requisite dimensions and capacity, from the Erie canal, at or near the village of Clyde, to some proper point on the Great Sodus bay or Lake Ontario. 232. (Same ch., 2.) The canal board are also hereby u. s. en- authorized in like manner to enlarge the Champlain canal, and of cham- its locks and other structures, to a size sufficient to pass vessels canal for of like capacity, in case the government of the United States shall, in like manner, provide the means required for that pur- pose. 233. (Same ch., 3.) The dimensions and character of Dimen- all the work hereinabove mentioned, shall be determined by how de- ,,,,. , . . termined. the canal board, subject to the examination and concurrence of the war department of the government of the United States- Contracts for any of said work may be made payable in the said six per cent stock and bonds of the United States, if the commissioners of the canal fund shall so elect. 234. (Same ch., 4.) On completing the said work on Naviga- either of the said canals, the government of the United States etc. shall have the perpetual right of passage through the canals thus enlarged or built, free from toll or charge, for its vessels of war, boats, gunboats, transports, troops, supplies or muni- 1 " An act to adapt the canals of this state to the defense of the northern and northwestern lakes," passed April 22, 1862, ch. 415. 18 138 OF THE CANAL COMMISSIONERS. tions of war, subject to the general regulations prescribed by the state from time to time, for the navigation of its canals. Appropria- 235. (Same ch., 5.) Any moneys or other means which may be received from the government of the United States, to pay for any of said work, are hereby appropriated to be expended for the purposes hereinabove mentioned. NO state 236. (Same ch., 6.) But nothing in this act contained made. shall authorize the contracting or incurring of any debt or lia- bility, directly or indirectly, on the part of the state, or the expenditure of any means or money of the state of New York for the purposes specified in this act. 1 AKTICLE II. OF THE CANAL COMMISSIONERS AND THEIR GENERAL POWERS AND DUTIES. SECTION 250. Election of commissioners, and terms of office. 251. General powers and duties. 252. Commissioners to give bond. 253. When to be renewed. 254. Compensation and mileage. 255. Choice of president and secretary. 256. Of calling board together. 257. Majority of board to do business. 258. Board may employ agents, compensation. 259. Commissioners to have power to make feeders, etc., for proper construction of canals authorized by law, and to take pos- session of all necessary lands, etc. 260. Extraordinary repairs, how made. 261. Such repairs to be completed as soon as practicable ; neces- sary lands, etc., may be taken possession of. 262. Public roads may be altered or discontinued when necessary. 263. Description of road altered or discontinued, to be drawn up and filed in town clerk's office. 1 See concurrent resolution 1859, p. 1205, relative to the harbor in Buffalo, and harbors on the chain of lakes. For legislation relative to particular portions of the canals of the state, see art. 2 of this chapter, " Of the canal commissioners." 1863, p. 906, concurrent resolution asks for survey for enlarging locks, etc. 1865, ch. 472, and 1866, ch. 33, provided for a survey of the Hudson river, from Waterford to Fort Edward. Sea report, senate documents, 1867, Vol. 2, No. 37. See concurrent resolution of May, 1873, appointing committee to confer with committee of U. S. Congress on inland communication and cheap trans- portation. GENERAL POWERS AND DUTIES. 139 SECTION 264. Passage of road discontinued, etc., not to be obstructed till new road passable. 265. Alterations heretofore made to be deemed valid. 266. Power as to railroads passing over or within ten rods of canal. 267. Grade of railroads crossing canal or feeder may be changed ; damages. 268. When navigation interrupted, injury causing it to be imme- diately repaired, and may cut up or destroy, if necessary, any boat or vessel. 269. Deficiency of water to be supplied without delay. 270. Damages to be paid for temporary use of lands and waters. 271. To erect and keep toll-houses, etc., in repair. 272. Canal board to make regulations concerning the navigation of the canals. 273. Regulations to be printed and distributed. 274. Regulations, how authenticated. 275. A portion of the canals to be assigned to each commissioner. 276. Powers and duties unimpaired by repeal of repair contract system ; divisions, how changed. 277. General powers and duties. 278. To visit line of canal, engineer may perform this duty in cer- tain cases. 279. To take duplicate receipts for moneys paid. 280. Purchases to be made for cash, each voucher to be filled up at the time it is taken, with proof thereof if necessary ; auditor to prescribe rules and forms. 281. To remove obstructions from canal lands. 282. Canal officers may require affidavits and administer oaths. CLAIMS AND APPEALS. 283. To attend before the canal appraisers in person or by agent, and procure attendance of witnesses. 284. Auditor to act when commissioner disqualified. 285. Appeals from decisions of appraisers to be to the canal board. 286. Such appeals shall be made in writing ; notices of, how served 287. Canal appraisers to file transcript of decision in clerk's office ; appeals must be made within three months. 288. Appeals may be taken from decisions of appraisers under special acts. 289. Shall be taken within three months. 290. Notices of appeal may be signed by one commissioner. CONTRACTS. 291. Contracts to be made for work or materials. 292. Division engineers to make maps, surveys, plans, etc. 293. Division engineers to make estimates of quantities, etc., be- fore lettings are made. 294. Contracts for construction, repairs and improvements to be made in writing. 295. Copies of contracts, how deposited. 296. Publication of proposals for contracts. 297. Proposals to be definite and certain. 140 OF THE CANAL COMMISSIONERS. SECTION 298. No more than one proposition to be received from any one person for same contract. 299. May require deposits from contractors ; how disposed of , may prescribe regulations for lettings, etc. 300. Contracts shall provide for the payment of all damages caused by the negligence of contractors. 301. Security to be given by contractor ; penalty for violation of contract. 302. Contractors to give bonds for the payment of laborers, where filed. 303. Suits on the bond may be commenced before a justice. 304. Several and successive suits may be brought thereon ; must be brought within thirty days after completion of labor. 305. Alterations not to be made in contracts except in writing and by the canal commissioners. 306. Not to make extra allowances to contractors. 307. Materials procured under contract exempt from execution. 308. Contractors, how paid. 309. Money not to be paid to contractors except on engineers' cer- tificate and oath. 310. Engineers' certificate to accompany contractor's receipt. 311. Engineers to keep a book of measurements, etc. 812. Auditor to refuse payment of drafts, unless accompanied by certificates, sworn to and verified. 813. Commissioner may certify to final estimates. ENGINEERS. 314. Drafts for expenses of engineers' department. Advances not to exceed five thousand dollars at any one time. 315. Engineer to execute and file bond, before advances are made. 316. Engineers must account once in ninety days. 317. Engineers' accounts before allowance must be certified to by a commissioner. ACCOUNTS AND REPORTS. 818. Damages and penalties recovered by commissioners to be paid into the treasury. 319. Commissioners, etc., in any civil suit, cannot be held to bail, or taken by warrant for any official act. 320. Work on enlargement to be kept distinct from repairs. 321. No commissioner to have in his hands more than ten thou- sand dollars at any one time. 322. Commissioners to account to auditor, and when ; auditor to report same to legislature. 823. When commissioners to make their report ; its contents. 324. Time of completion of report. SUPERINTENDENTS. 325. Superintendents to make detailed estimates of anticipated objects of expenditure. 326. To be certified to by commissioner ; auditor to make advances 327. Commissioner to certify to f^uch amount as he may deem necessary for each work or object. GENERAL POWERS AND DUTIES. 141 SECTION 328. Manner of purchasing tools, etc., for canal repairs, under ch. 278, of 1847. 329. Proposals for furnishing. 330. Contractors to give security for performance of contracts. 331. Penalty for neglect to perform their contracts. 332. Purchase of tools, etc., in event of a breach or other emer. gency. 333. Tools furnished by contractor to be examined by a commis- sioner. 334. Contracts to provide for an equitable and speedy adjustment of questions. 335. Payments for tools, etc., purchased on contracts. 336. Commissioners may direct the purchase of tools without advertising for proposals if they deem it expedient. 337. Contracts for materials and work, how and where filed. 338. Superintendents not to contract for tools, materials, etc., except upon certificate of commissioner. Penalty for expending moneys, except for the purposes specified in detailed estimates. 339. Compensation to be paid by superintendents for labor to be fixed by the board of canal commissioners. 340. Eight hours to constitute a legal day's work. 341. To whom the act applies. 342. Penalties for violation of by officers of the state. 343. Penalties for violation of by contractors. ALBANY BASIN. 344. Albany basin loan. 345. To be paid to the city of Albany and for what purpose. 346. Provision for payment of tolls to pier owners repealed. 347. Act of 1849, chapter 200, to be a final settlement. 348. Basin tolls to be computed as for one mile in length. 349. To be improved as per map in state engineer's report for 1865. 350. New line of docks on west side. 351. Damages to bridges to be paid by city. 352. Opening in pier at foot of Maiden lane may be contracted. Lands regained, how disposed of. 353. Opening to be made in pier between railroad and Columbia street bridges. 354. Damages for such opening to be paid by the city of Albany. Bond to be given. 355. Appropriation for opening. Navigation of basin to be main- tained to the depth of mitre-sill of lock No. 1. 356. Wharfage in the harbor of Albany. Not to apply to canal boats unless receiving or discharging cargoes. 357. Certain work to be done on the opinion of the attorney-gen- eral. 358. The work not to be deemed a recognition of the liability of the state. Liability of the city of Albany. Consent of the citj and pier company necessary. 359. Certificate to be filed of the necessity of the work. 142 OF THE CANAL COMMISSIONERS. SECTION 360. Actions against the city of Albany for damages caused by the freshet of January, 1869. Proceedings, provisions, liabilities, etc. ONONDAGA SALT 8PRINGS. 861. Superintendent of, to estimate, commissioner to supply, water for pumps for raising salt-water, not impeding navigation. Damages for water taken from Nine mile creek, how paid. ' 862. State engineers to make surveys and estimates, and assume charge of work. 863. Water used for pumping may be resumed by commissioner. FISH-WAYS. 864. Fish-ways to be constructed in certain dams. EKIE CANAL. 865. Enlargement of locks. Cost of old plan to be paid from ordinary repairs, balance from appropriations for new work. 366. Enlargement of structures, same rule applied. CAYUGA INLET. 367. Canal commissioners to take charge of a portion of Cayuga inlet. 368. Money to be expended not to exceed tolls collected. CAYUGA AND SENECA CANAL. 869. For the improvement of the navigation of the Cayuga and Seneca canal by lowering the upper or Seneca lake level, etc. 370. To excavate the Cayuga and Seneca canal and Seneca river, etc., at or near Waterloo. 371. Commissioners to cause monuments to be erected in Seneca lake to determine point at which water may be discharged. 372. Waterloo dam to be raised to height of the original state dam. 373. No damages therefor to be allowed. 374. Dam at Waterloo, how to be constructed in 1873. BALDWIN8VILLE DAM. 375. Navigation of Seneca river to be extended at Baldwinsville. 876. Commissioners to erect permanent monuments to designate the height of Baldwinsville dam, descriptions to be filed in town clerk's office. The said dam shall not be raised higher than designated by monuments, penalty. 877. Commissioner may permit person or persons to raise said dam by flush-boards, not to exceed height designated by monuments. State not to be liable for any damages therefor. 878. Commissioners to maintain said dam. May allow surplus waters to be used for hydraulic purposes. GENERAL POWERS AND DUTIES. 143 SECTION 379. Baldwinsville canal subject to canal laws. 380. Baldwinsville dam to be rebuilt of stone. OSWEGO CANAL. 881. Dams on Oswego river to be rebuilt of stone. CROOKED LAKE CANAL. 382. Commissioners to rebuild locks when necessary for navi- gation. CHEMUNG CANAL. 383. Locks to be rebuilt on enlarged plan. 884. Cost of old plan paid from ordinary, excess from extraordin- ary repair fund. 385. Connection of Chemung and Junction canals. 386. Damages to be paid by company. 387. Powers of company. 388. Rights of state reserved. 389. Elmira may use portion of canal for street. 390. Structures to be removed. 391. To be a public highway except as against the state. 392. Utica, Ithaca and Elmira Railroad may build draw-bridge over Chemung canal. 393. May use portion of canal in Elmira under direction of com- missioner. 394. May acquire rights of city under ch. 785, of 1872. CHENANGO CANAL. 395. Utica asylum may use water of fifth lock for pumping. 396. May take water and ice from fifth to tenth lock. Commis- sioner to regulate, etc. 397. Duty of commissioner to supply water and ice to the asylum. 398. Binghamton may use a portion of canal for a public street. 899. Bulk-head to be built by city, if necessary. 400. Street a public highway except as to the state. 401. Binghamton, Dushore and Williamsport Railroad company may lay a track on tow-path of canal south of Susque- hanna river, by consent of canal board. 402. When rights of railroad may cease. 403. Notice of removal penalty, etc. 404. This act not to prevent the state from selling the canal. BLACK RIVER CANAL, FEEDERS, RESERVCIRS, ETC. 405. Survey directed for survey of Black river, etc. , lor reservoirs. 406. To construct dams, etc., on Black, Moose or Beaver rivers. 407. Structures to be made part of the public works. 408. To appoint keepers, prescribe regulations, etc. 409. Penalties for interfering with or damaging gates, dams or structures. 410. Laws relating to public works to apply thereto. 411. Section No. 2 to include reservoirs, dams, etc. 144 OF THE CANAL COMMISSIONERS. SECTION 412. Appropriation to restore to Black river 11,000 feet of water per minute. 413. Appropriation for construction of dam across Moose river. GENESEE VALLEY CANAL. 414. To raise Oil creek reservoir and Ischua creek dam. 415. Monuments to be erected and their location to be reported. ONEIDA LAKE CANAL, RIVER, ETC. 416. Locks to be rebuilt on the enlarged plan. 417. Oak Orchard draw-bridge to be maintained and operated by the state. 418. Appropriation, conditions, change of plan, etc. OF THE CANAL COMMISSIONERS, THEIR POWERS AND DUTIES. Election 250. (Const., Art. V, 3.) Three canal commissioners shall be chosen at the general election which shall be held next after the adoption of this constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The commissioners of the canal fund shall meet at the capitol on the first Monday of January, next after such election, and deter- mine by lot which of said commissioners shall hold his office for one year, which for two years, and which for three years ; and there shall be elected annually, thereafter, one canal com- missioner, who shall hold his office for three years. Powers " 251. (R. S., 9, modified by Art. V, Const. 1846.) The gen- era ^ care an< ^ superintendence of the canals shall continue to be vested in the board of canal commissioners. 1 * * * 1 Ch. 237, Laws of 1816, appointed five canal commissioners. Another was appointed by the legislature in 1821, under ch. 36. 1 Rev. Stat. (1828), ch. 5, title 1, 1, provided for " four canal commission- ers, two of whom shall be acting commissioners." 1 R. S., ch. 9, title 9, art. 2, 9, printed above ( 251), contained a similar clause relating to act- ing commissioners. An additional canal commissioner was authorized by ch. 80, in 1833, and another by ch. 451, in 1836. The number was reduced to four by ch. 280, of 1844, with a provision for not exceeding three acting commissioners." Ch. 6, of 1845, amendatory thereof, provided that " the persons elected canal commissioners shall designate how many of their number, not less than two, nor more than three, shall be acting canal commissioners." The constitution of 1846 ( 250) ante, provides that " Three canal com- missioners shall be chosen," etc. The term "acting canal commissioner" has been seldom used in the statutes passed since the adoption of the con- stitution, in November, 1846. The only cases found, in compiling this manual, are : 1847, ch. 278, 14 ; 1859, ch. 457, and 1867, ch. 564, the two latter POWERS AND DUTIES 145 252. (R. ., 10, amended 1848, ch. 162.) Each acting Bond of canal commissioner, before he shall enter on the duties of his commis- sioners. office, shall execute a bond to the people of this state, in a pen- alty of twenty thousand dollars, with two substantial freehold- ers as sureties, conditioned for the faithful discharge of the duties of his office, and for the faithful accounting for all mon- eys intrusted to him as such commissioner, whenever and as often as he shall be so required by law, by a concurrent resolu- tion of the senate and assembly, or by the [auditor] ; such bond shall be approved of by the [auditor], and filed in his office. 253. (R. &, 11, amended 1848, ch. 162.) Every such when re- bond heretofore given, or shall hereafter be given, shall be renewed from time to time with new or additional sureties, whenever such renewal shall be demanded by the [auditor] or the commissioners of the canal fund ; and the refusal of any commissioner to renew his bond when so required, shall be deemed a breach of its condition. 254-. (1854, ch. 332, 3 ; amended 1873, ch. 760, 2.) The compen- canal commissioners hereafter to be elected shall be entitled to traveling ,. . i f i i expenses. compensation for their services at the rate of two thousand dollars a year, payable quarterly, instead of all compensation now allowed by law ; and there shall be paid to each of the canal commissioners, in full for all traveling expenses incurred by them in the discharge of their official duties, the sum of eight hundred dollars per annum, payable quarterly by the auditor of the canal department. All acts and parts of acts conflicting with or inconsistent with this provision are hereby repealed. 1 amending a law of April, 1846, in which the phrase was used. See 396, post. In these acts the term is used in the sense of the commissioner in charge, and not by way of distinction from non-acting commissioners. Chs- 499, of 1847, and 332, of 1854, relating to commissioners' salaries, etc., make no allusion to " acting " commissioners. For these reasons, it is assumed that the constitutional provision for "three canal commissioners," modifies R. S., 9, in this respect, and the latter clause of the section, relating to the number of acting commissioners (as amended by ch. 6, of 18451, is therefore omitted. As to vacancies in office and appointment of canal commissioners, under Laws of 1847, ch. 360, see 37, ante. 1 This section of ch. 332, of 1854, provided for four hundred dollars for traveling expenses, and repealed all former laws allowing traveling fees and expenses. 19 14:6 OF THE CANAL COMMISSIONERS. Officers of 255. (R. 8., 12.) The board shall annually choose one board. of their number to be their president, and another from time to time as their secretary, who shall keep and preserve regular minutes of all their proceedings. 256. (R. S., 13.) It shall be the duty of the president to call a meeting of the board, on the request in writing of a commissioner, and without such request, whenever he shall deem it expedient. 257. (R. S. t 14.) A majority of the board shall be a quorum for the transaction of business, and may adjourn from time to time, and fix the time and place of future meet- ings. 258. (R. , 15; modified 1848, ch. 72; 1850, ch. 377.) The board may employ such and so many agents, ' draftsmen, surveyors and other persons, as they may judge necessary, to enable them to discharge their duties as commis- sioners, and shall pay such compensation as they shall judge reasonable, to each person so employed. 1 Meetings, how called. Quorum. Powers of Powers of commis- sioners, feeders, etc. 19 Barb. 263; 4 Wend. 647; 7 Johns. Ch. 315 and 840. 259. (R. S., 16.) In the construction of every canal of which the construction is or shall be authorized by law, the canal commissioners shall have power, and it shall be their duty, to make all such canals, feeders, locks, dams, aqueducts, and other works, as they shall deem the proper construction of such canal to require ; and they shall enter on, and take possession of, and use, all lands, streams and waters, the appro- priation of which, for the use of such canals and works, shall, in their judgment, be necessary. ib. Extra- 260. (R. S., 17.) Whenever, in the opinion of the canal commissioners, it shall become necessary or expedient to make any extraordinary repairs or improvements on any com- pleted canal, such as the opening of new feeders or the con- struction of additional locks, dams, embankments, tunnels or aqueducts, it shall be their duty to cause the necessary surveys and levels to be taken, and accurate drafts, plans and models, or maps, as the case may require, of the contemplated works, together with an estimate, in minute detail, of the probable 1 The word "engineers" omitted, as their appointment and employment is provided for by the acts referred to above, and by ch. 477 of 1865. POWERS AND DUTIES. expense to be incurred, and to submit the same to the canal board for their approbation. 261. (12. /&, 18.) If such extraordinary repairs or im- TO take provements shall be directed by the board or the legislature, i wend, it shall be the duty of the commissioners to proceed, as soon 26 wend, as circumstances will permit, to execute and complete the same ; and for that purpose, by themselves or their agents, to take possession of, and use, all lands, waters or streams of which the occupation and use, in their judgment, may be necessary to enable them to discharge such duties. 1 262. (R. S., 19.) "Whenever, for the purpose of con- Altering ' . . . roads, etc. structmg a canal, or making any extraordinary repairs or im- SIN. y. 151. provements, it shall be deemed necessary by the canal com- missioner having charge of the work, to discontinue or alter any part of a public road, on account of its interference with the proper location or construction of such work, he shall make, or direct to be made, such discontinuance or alteration. 263. (R. 8., 20.) It shall be his duty to draw up in Proceed- writing and figures, a true description of all such parts of a public road as shall be so discontinued and new laid, and to file such description in the town clerk's office of the town in which such parts may be situate, and from the time of such filing, such discontinuance and alterations shall be valid in law. 264. (7?. S., 21.) The canal commissioners shall not, Restrio- however, obstruct the passage of any part of a public road, so discontinued or altered, until they shall have opened and worked, so as to render passable, such part of such road as shall have been new laid by their engineer ; and' the certificate in writing of any justice of the peace in the county where 1 The appropriation of land for a canal by the authorized agents of the state confers a right to enter upon and use the soil, although the absolute fee does not vest in the state till the appraisement of damages. No formal resolution of the canal commissioners is necessary to warrant such appropriation ; an entry upon the land, laying out and commencing the work will be sufficient. 15 Wend. 569. Where a statute authorizes the taking of "lands" for public use, e. g. a canal, the stone in the earth, and every thing else included in the general definition of the term land may be taken. Baker v. Johnson, 2 Hill, 343 ; 11 N. Y. 308 ; affirming, 15 Barb. 627; contra, 11 Barb. 26. 148 OF THE CANAL COMMISSIONERS. such road shall be situated, that the part so new laid has been so opened and worked, shall be their sufficient justification. Former ai- 8 265. (fi. $., 22.) Every alteration heretofore made by terations. ' . ,. * , any engineer, in any public road on either 01 the canals, shall, from the time of - such alteration, be deemed valid in law. Powers as 266. (1834, ch. 276, 17.) l The canal commissioners are roads cros- hereby invested with a general and supervisory power over so canals. much of any railroad as passes over any canal or feeder belong- ing to this state, or approaches within ten rods of such canal or feeder, so far as such power may be necessary to preserve the free and perfect use of the canals or feeders of this state, and necessary for making any repairs, improvements or alter- ations in the same ; and said company shall not construct their railroad over, or at any place within ten rods of any canal or feeder belonging to this state, unless said company shall lay before the. commissioners aforesaid, a map, plan and profile, as well of the canal or feeder as of the route designated for their railroad, exhibiting distinctly and accurately the relation of each to the other, at all the places within the limits of ten rods as aforesaid ; and shall thereupon obtain the written permis- sion of said canal commissioners, with such conditions, instruc- tions and limitations, as, in the judgment of said canal commis- sioners, the free and perfect use of any such canal or feeder may require. 2 1 " An act to incorporate the Medina and Darien Railroad Company." 1 Railroad swing or draw-bridges over the canals have been authorized in the following cases : At Utica, in 1871, over the Erie canal, one by ch. 350, and another by ch. 603. As to use of Qenesee street bridge by horse railroad, see canal board proceedings, 1868, p. 66. At Syracuse, over the Erie and Oswego canals. In 1871, by ch. 353; amended 1872, ch. 282, and 1873, ch. 99. At Palmyra, in 1873, by ch. 284. At Lyons, in 1873, by ch. 445. All these bridges are placed under the control and direction of the canal comlmissioner in charge, and are to be maintained and operated at the ex- pense of the railroad companies. The last three named contain the follow- ing provision : " 2. Any damage arising to boats, or to the commerce of the canals, by reason of the negligence of the railroad company or its agents, in the management and control of said bridge or pier, shall be paid by the said railroad company, and shall not become a charge against the state." Railroad draw-bridges over the Chemung canal are authorized by ch. 834 of 1873. See 392,^0**. POWERS AND DUTIES. 267. (1855, ch. 478.) Whenever the grade of any railroad Grade of shall be changed under the direction of the canal commission- ers, at any point where such road crosses or shall cross any canal, or canal feeder, except in the city of Buffalo, it shall be lawful for the directors of the company owning such railroad, to alter the grade of such road on each or either side of the place where such change shall have been so made by order of the canal commissioners, for such distance and in such manner as the said directors may deem necessary. And the directors of any railroad company shall also be authorized at any time to change the grade of any part of their road, except- in the city of Buffalo, in such manner as they may deem necessary to avoid accidents and to facilitate the use of such road ; and any and all damages arising from such alteration, to be appraised in same manner as provided in the act entitled " An act to authorize the formation of railroad corporations, and to regu- late the same," and in the several acts amendatory thereof. 268. (12. S., 23, amended 1870, ch. 222.) Whenever TO repair , , ,, . . Injuries tc the navigation of any of the canals shall be interrupted or canals. 20 endangered, it shall be the duty of the commissioners, without 620; 42 N delay, to repair the injury causing or threatening such inter- ruption, and for that purpose, they shall have power, by them- selves or their agents, to enter upon, and use any contiguous lands, and to procure therefrom all such materials as in their judgment may be necessary or proper to be used in making such repairs. And whenever the navigation of any of the canals shall be interrupted or endangered, any commissioner or superintendent may, if in his judgment it is necessary or proper so to do, cut up, destroy or remove any canal boat, vessel or other thing in or partly in the canal, and the damages in consequence thereof shall be assessed in the manner pro- vided by chapter two hundred and eighty-seven of the laws of eighteen hundred and thirty-six. 1 269. (1833, ch. 169, 1.) Whenever the navigation of Deficiency the canals shall be interrupted or endangered by reason of a how supl As to railroad track on tow-path Chenango canal, see 1873, ch. 835-, and post, 401, etc. For report and resolution of canal board, on use of canal bridge at Port Schuyler, West Troy, by Watervliet Turnpike Company and Horse Rail- road, see proceedings June 25, 1863. 1 Before this amendment officers were held liable, see 1871, p. 1567, where the state assumed and paid the damages. 150 OF THE CANAL COMMISSIONERS. Tempor- ary dam- ages for lands and water. Repair of toll- houses, etc. Canal board to make tlons. deficiency of water, it shall be the duty of the canal commis- sioners, without delay, to supply such deficiency ; and for that purpose they shall, by themselves or their agents, resume the temporary use of all the surplus waters which shall have been leased upon the level of the canal where such deficiency exists ; and in such case if there shall still be a deficiency of water, then they shall have power to enter upon and use all lands, streams and waters, which in their judgment may be necessary or proper to be used, to procure a temporary supply of water for such canals. 1 270. (Sameck., 2.) When damages shall be claimed by the owner of any lands, streams or waters, which shall have been used for temporary purposes under the authority given in the preceding section, such damages shall be agreed upon, or appraised and paid, in the same manner as is provided for the agreement or appraisal and payment of damages, in cases where land shall have been occupied for temporary purposes, or from which materials shall have been obtained for repairs ; but no damages shall in any case be allowed for resuming the use of any surplus waters of the canals leased to any indi- viduals. 271. (7?. S., 24.) It shall be the duty of the canal com- missioners, to keep in complete repair, all toll-houses, weigh- ing scales, offices and other edifices, already built or purchased, for the use of the canals ; and at such times and places as the canal board may direct, to erect such further toll-houses, weighing scales, offices and other edifices, and purchase such ground for the convenience thereof, as may be deemed neces- sary for the profitable use of the canals. 272. (^. S., 25 ; amended 1835, ch. 21.) [The canal board] shall, from time to time, make such rules and regula- tions, not inconsistent with the laws of the state, in respect to the size and structure of boats, rafts and other floats, on the waters of the canals, and the weighing and inspecting of boats and their lading, and in respect to all matters connected with the navigation thereof, and impose such forfeitures of money for the breach of such rules and regulations, as they may judge 4 Denio, 856 ; 11 Barb. 387 ; 19 Barb. 657 ; 13 N. T. 238, 244. POWERS AND DUTIES. 151 reasonable; but no forfeiture so imposed, shall, for a single offense, exceed the sum of twenty-five dollars. 1 273. (R. 8., 26.) They shall cause a sufficient number Notices of. of copies of all such rules and regulations, including the for- feitures for the breach thereof, to be printed, and shall dis- tribute the same to the superintendents of repairs, the collectors of tolls, and lock-keepers, to be kept in their respective offices for public inspection. 1 274. (R. #., 27 ; modified 1848, ch. 162.) All rules, HOW v , , ' autheuti- regulations and forfeitures, established by them in relation to cated. the management and navigation of the canals, shall be filed in the [canal department], and a copy thereof, certified by the [auditor] under his hand and the seal of his office, shall be received in all courts of law, as due proof that such rules, regu- lations and forfeitures were by them established. 275. (R. 8.. 28.) The board shall, from time to time, Special . . . . T i 11- charge of assign to each acting commissioner, in special charge, the line g^ 3 ^} 3 or portion of the line, of one or more of the canals. iS^ 1 ?/' 620; 7 N. Y. 9. 276. (1870, ch. 55, 7.) * * * Nothing in this act 8 Dmsions shall impair or detract from the power and duties of the canal changed. commissioners in the performance of their duties; but they shall, upon their respective divisions, which divisions shall not be changed or altered except with the consent and approval of the canal board, perform the duties and exercise the powers conferred upon them by law. 277. (R. S., 9.) It shall be the duty of each acting com- Duty of commis- sioners. _ : __ 26 Wend. 485: 4 De- 1 Ch. 21, Laws of 1835, provides as follows : johnf 6 : * "SI. All such rules and regulations in relation to the canals, as are now 735; 11 Barb. 382. authorized by sections twenty-five (printed above 272), one hundred and forty-eight, one hundred and forty-nine (relating to commutation of tolls upon passengers) and one hundred and eighty-eight (relating to the prosecu- tion for penalties) of title nine of chapter nine of the first part of the Revised Statutes, to he made by the canal commissioners, or the commissioners of the canal fund, may hereafter be made by the canal board, with the like penalties and forfeitures as are now provided in said title." See, also, ch. 55, Laws of 1870, sections 6 and 7, 533 and 534, post. 2 "An act to abolish the contracting board and the system of repairing the canals by contract," passed March 10, 1870. See 528-534 and note 1, 8170. 152 OF THE CANAL COMMISSIONERS. 1. To examine frequently and carefully into the state of the canals and works, committed to his charge. 2. To direct and cause to be made, such ordinary repairs, as he shall perceive to be necessary. 3. To superintend and cause to be made, such extraordinary repairs or improvements, as shall be ordered. 4. To make, by himself or a superintendent of repairs, all necessary contracts for the supply of materials and the per- formance of labor. 5. To inquire into the official conduct of all superintendents of repairs, collectors of tolls, lock-keepers and other subordinate agents, and to receive and hear all complaints that may be pre- ferred against them. And generally to enforce the faithful execution, by all per- sons concerned, of the provisions of this title. commis- 278. (1847, ch. 278, 14 ; amended 1854, ch. 332, 3.) It v\s?t e ifne shall be the duty of each acting canal commissioner, at least once in thirty days during the season of canal navigation, to visit and examine every part of the line of canal assigned to his special charge, and as often as three times in each season to give public notice of such visitation, and that he will attend to such complaints as may be made under the fifth subdivision, section twenty-nine, article two, title nine of chapter nine of Engineer the first part of the Revised Statutes. * * * And if, from may per- . , . formdu- sickness or any other cause the acting commissioner on any division cannot or does not attend to this duty, the service shall be performed by the state engineer and surveyor or the chief engineer at the same rate of compensation. TO take 279. (ft. /&, 30.) It shall be the duty of each acting com- m j 88 j onerj to take duplicate receipts for all moneys advanced or paid by him. purchases 280. (1842, ch. 310, 1 ; amended 1855, ch. 535, 3.) All purchases for the use of any department, office, or work of the government, shall be for cash and not on credit or time. Each voucher, whether for a purchase or for a service, or other charge, shall be filled up at the time it is taken ; and in all cases where the payment is not made directly by the treasurer or governor, proof in some apt form shall be furnished on oath, that it was so filled up at the time it was taken, and that the money mentioned therein to have been paid, was in fact paid POWERS AND DUTIES. 153 in cash or by draft on some specified bank. The auditor, in Auditor all cases when moneys are paid from the canal revenues, loans acnbe re or fund, and the comptroller, in all cases where payments are made from any other revenue or fund, shall from time to time prescribe rules, regulations and forms to secure the faith- ful observance of this section, and may in all cases, if they shall deem it necessary, require proof on oath of the payment of the money as aforesaid. 1 281. (1866, ch. 657, 1.) The act entitled " An act for the TO remove obstruc- protection of canal and other lands belonging to the state of tloils from New York," passed May 12, 1865, is hereby amended to read lands, as follows : The canal commissioners are hereby authorized and required to remove or cause to be removed from the land taken by the state for canal purposes, except those parts thereof that lie in the thickly built parts of cities, all encroachments thereon, whether in the shape of buildings, fences or other structures, ex- cept dry docks authorized by the canal commissioners, or manu- factories, mills or warehouses doing business upon the canal, that said lands may be kept in the possession of the state for the purposes of canal navigation. 1 282. (E. &, Part III, ch. VIII, Title 17, 11.) Whenever Public offl application shall be made to the commissioners of the land office, require the canal board, canal commissioners, or any of them, or to anv and ad- s . _, ... . minister other public officer, to do any act in an omcial capacity, and oaths, such board or officer shall require information or proof to ena- ble them or him to decide on the propriety of doing such act, such information or proof may be required to be given by affidavit, and any member of such board or such officer, may administer all necessary oaths for that purpose. 1 This section has been heretofore printed in Title 2 of this chapter. "Of the canal fund," etc., as 150. For the convenience of those using this Manual, some sections of general importance like this, or those prescribing the duties of several officers in the same section, will be found inserted twice, and in a few cases three times, under different titles or articles. 1 The act of 1865, ch. 727, was as follows : " 1. The canal commissioners are authorized and required to remove, or cause to be removed, from the land taken by the state for canal purposes (except those part? thereof that lie in the thickly built parts of cities and villages), all encroachments thereon, whether in the shape of buildings, fences, or other structures ; that said lands may be kept in the possession of the state for the purposes of canal navigation." 20 154 OF THE CANAL COMMISSIONERS. cure at- tendance of wit- nesses. OF CLAIMS AND APPEALS. TO attend 283. (1836, ch. 287, 5 ; amended 1855, ch. 535, 8 4.) It before the , ,, , ,, , . ,, ,, . . , appraisers snail be tne duty oi one oi the acting canal commissioners, in or by agent person or by agent, to attend in behalf of the state, before the and pro- . canal appraisers, and procure or request the attendance and examination of witnesses on the part of the state, and if, in the opinion of the canal appraisers, the interests of the state re- quire it, they may employ counsel on behalf of the state, on the hearing of claims for damages before them. ' Auditor to 284. (1859, ch. 376.) Whenever, from interest, or having place of been counsel for any claimant of damages against the state, in sioners the matter of such claim, or being related to such claimant, any when dis- J qualified, canal commissioner shall be disqualified from acting in any case where by law any power or duty is imposed upon such com- missioner, or the board of canal commissioners, on filing in the office of the auditor of the canal department, the certificate of such commissioner, stating his disqualification, the said auditor is authorized, and it shall be his duty to act in the place of such disqualified commissioner, in the matter of such claim. Appeal to canal board. 285. (1829, ch. 368, 3.) Every person having exhibited a claim for damages to the appraisers, or the canal commission- ers, where they shall deem the interest of the state to require it, may enter an appeal from the decision of the appraisers on such claim, to the canal board, who shall proceed to reverse, affirm or modify the appraisement, as in their opinion justice 1 1836, ch. 287, 5, was as follows : " It shall be the duty of one of the acting canal commissioners, in per- son or by agent, to attend in behalf of the state before the canal apprais- ers, on the hearing of claims for damages ; and if, in his opinion, the interests of the state require it, he may employ counsel, and request the attendance and examination of witnesses on the part of the state. 1870, ch. 321, 2, is as follows: * * * The canal appraisers are hereby authorized and required to employ counsel on behalf of the state, on the hearing of such claims, as may be necessary to protect the interests of the state. All acts and parts of acts inconsistent with this act are hereby repealed." See pout, 460. For legislation on the subject of employment and payment of agents of the commissioners, and of counsel before the appraisers, see this ch. (R. S., 15), ante, % 258 ; 1871, ch. 668, repealed by 1872, ch. 826, and 1872, chs. 583, 700 and 850. For notice of hearing required to commissioner and claimant, see 1866; ch. 836, 6, post, % 435. OF CLAIMS AND APPEALS. 155 shall require ; and their decision shall in all cases be final and conclusive. 286. (Same ch., 4.) Every such apppeal shall be made in writing, stating briefly the grounds on which the appeal is made ; if made by the canal commissioners, one copy of the appeal shall be served on the canal appraisers, and another on the party claiming damages, his guardian or agent, either per- onally or by leaving the same at his usnal place of abode ; if made by the party claiming damages, one copy of said appeal shall be served on the appraisers, or one of them, and another on the canal commissioners. 287. (Same ch., 5.) It shall be the duty ot the canal Time for appraisers, within thirty days after any claim is decided upon, to make a transcript of the entry of such decision, and file the same in the clerk's office of the county in which the premises passed upon are situate ; and in all- cases the appeal must be made, and the proper copies served within three months from the time such transcript is filed in the clerk's office as aforesaid. 288. (1868, ch. 579, 1.) In all cases where by special Appeals act the canal appraisers have been or may hereafter be author- special ized, to hear and determine any claim for damages resulting from any cause, an appeal may be taken to the canal board from the decision or award of said canal appraisers, by the canal commissioners on the part of the state, or by any claimant affected by such award or decision. * * * 289. (Same ch., 2.) Such appeal shall be taken within three months from the time that such decision or award shall have been made and entered. * * * 290. (1870, ch. 768, 2.) * * * In any appeal by the Notice o! canal commissioners, on the part of the state, from a decision appe * or award made by the canal appraisers, the notice of appeal may be signed by any one or more of such commissioners, and the signatures of all shall not be required. 1 1 It was held in 1843, 3 Hill, 599, that an appeal brought by one commis- sioner in his own name, and the names of the others, under authority from them, was regular. 156 OF THE CANAL COMMISSIONERS. OF CONTKACTS. contracts. 291. (Const., amendment, 1854, Art. VII, 3.) * * * All contracts for work or materials on any canal, shall be made with the person who shall offer to do or provide the same at the lowest price with adequate security for their performance. Division 292. (1850, ch. 377, 8.) The division engineers shall, to make under the direction of the state engineer and surveyor, make surveys, etc. or cause to be made all surveys, maps, plans, specifications and estimates that may be necessary or required by the canal board or canal commissioners to determine the proper location of the line of the canal, or any portion thereof, on their respective divisions, or that may be necessary preparatory to placing any work under contract for construction, and shall transmit a copy thereof to the state engineer and surveyor, who shall upon a due inspection and revision submit the same to the canal board with his approval indorsed thereon, and on obtain- ing thereon their certificate of adoption, he shall file the same in his office. 1 293. (Same ch., 9.) Before any work shall be contracted for on any of the canals of this state, the division engineers shall ascertain or cause to be ascertained with all practicable accuracy the quantity of embankment, excavation, masonry and the quantity and quality of all materials to be used, and all other items of work to be placed under contract, a state- ment of which, together with maps, plans and specifications corresponding with those adopted by the canal board and on file in the office of the state engineer and surveyor, shall be publicly exhibited to persons proposing for the work to be let. The quantities so exhibited shall be used in determining the value of the propositions received, and after the contracts shall have been awarded, said statement of quantities, together with the maps, plans and specifications and all other papers relating to the work advertised, and which were exhibited as aforesaid, and are necessary to identify the plan and extent of the work so awarded, shall be filed in the office of the state engineer and surveyor, accompanied with the certificate of the division 1 Sections 9 and 10, of ch. 72, of 1848, "An act in relation to the office of state engineer and surveyor, and the engineer department," which relate to preparing 'and approving, maps, plans and estimates of new work, seem to be repealed by sections 8, 9 and 16, of ch. 377, of 1850. OF CONTRACTS. 157 or resident engineer, stating the time and place they were so exhibited. JSTo alteration shall be made in any map, plan or specification adopted by the canal board, and so exhibited, or the plan of any work under contract during its progress, except by the consent and approval of the commissioner and the division engineer, nor unless the description of such alteration and the approval thereof be reduced to writing and be signed by the parties making the same, and a copy thereof shall have been filed in the office of the state engineer and surveyor. Nothing in this section contained shall be construed to authorize any change of plan that shall increase the expense of the work, or create any claims against the state for damages arising there- from, unless a written statement setting forth the objects to be attained by such change, and the expense thereof shall have been submitted to the canal board, and their assent at a meet- ing in which the state engineer and surveyor were present shall have been obtained. 1 294. (R. , 31.) All contracts for the construction of contracts a canal, and for the making of any repairs or improvements in in writing, the canals, directed by the legislature, or canal board, shall copies, be made in writing, and of each contract, three copies shall be executed by the parties. 295. (R. S., 32, modified, 1348, oh. 162.) One of such Copies of copies shall be retained by the board of canal commissioners, or the acting commissioner having the charge of such repairs or improvements; another shall be deposited with the [auditor]. 296. (R. /, 33.) Public notice shall be given of the Notice foi i ' i 11 i -ii proposals. time and place, at which sealed proposals will be received for entering into contracts, under the thirty-first section, which notice shall be published for three weeks in succession in the state paper, and in one or more of the newspapers of each county, in which the work to be performed, or any part thereof, is to be made. for con- 297. (R. , 34.) All proposals for contracts, for which sealed proposals are to be offered, shall be for a sum certain, tracts. 1 The regulations and instructions established by the state engineer and surveyor, for the engineering department, will be found at the conclusion, of [Article X] of this Manual. Post, 882. sals 158 OF THE CANAL COMMISSIONERS. as to the price to be paid or received ; and no proposition which is not thus definite and certain, or which contains any alternative condition or limitation, as to such price, shall be received or acted on. 298. (R. /&, .35.) No more than one proposition shall be received from any one person for the same contract, and all the propositions of the person offering more than one, for the same object, shall be rejected. Commis- sioners may re- quire d 299. (1872, ch. 850, 1, and 1873, ch. 766.) All contracts for work or material on any canal (other than eposits. ordinary repairs) which shall be directed by the canal board to be advertised and let, shall be made with the persons who shall offer to do or provide the same at the lowest price, with adequate security for their performance, which letting shall be under regulations to be made by the board of canal com- missioners as to the form, regularity and validity of all bids, securities and contracts. 1 And the canal commissioners mav 1 This law re-enacts and amends that portion of ch. 930, of 1871, relating to the letting of new work, which established this system of requiring de- posits to be made with the treasurer. The following is the form of notice to contractors, and regulations pre- scribed by the canal commissioners, in use in 1873 : NEW YORK STATE CANALS NOTICE TO CONTRACT- ORS. Pursuant to a resolution of the board of canal commissioners, notice is hereby given that sealed proposals will be received for the work hereinafter mentioned on the eastern division, at the canal commissioners' office, in the city of Albany, on Thursday, April 3, 1873, until 12 o'clock noon of that day. And each and every proposal for each and every piece of work herein- after mentioned must be accompanied by United States bonds, or stocks of the state of New York, or drafts on some banking institution in good credit within the city of New York or Albany, payable at sight to the President of the board of canal commissioners, and issued by national or state banks in good credit within this state, for at least the sum required for each and every piece of work. The name of the party proposing for any work ir.ust be written across the face of the draft accompanying his proposition. (List of work on each division with amount of deposit required.) REGULATIONS. Every proposal shall embrace a proposition for work, according to tho specific heading of the proposal sheet. The prices for the quantities exhib- ited on the proposal sheet shall be inserted in the blank column headed OF CONTRACTS. 159 require the deposit by the proposer for said work or materials of such a sum in United States bonds or stocks of the state of 'New York, or money, not exceeding twenty nor less than eight per cent of the aggregate estimate of the work " PRICE," and no figures should be inserted in the column headed " AMOUNTS." All propositions must be for a sum certain as to the price to be paid or received for each and every kind of work specified, in the quantities exhib- ited, and for no other ; and no proposition, not thus definite, will be acted upon or canvassed. All proposals where, in the opinion of the board of canal commissioners, the prices are not properly balanced, will not be canvassed. Any proposal containing one or more extravagant or excessive price or prices for any par- ticular items of work, though other prices may be below their true value, and which, in consequence of such excessive prices, may, in the judgment of the commissioners, enhance the final cost of the work, will be adjudged as " not properly balanced." No canvass of bids will be deemed complete until approved by the board of canal commissioners. In case the board of canal commissioners shall be of opinion that the pro- posals made at any meeting thereof, pursuant to any advertisement, are, in consequence of any combination or otherwise, excessive and disadvantageous to the state, they may decline all or any of the said proposals, and advertise anew for the work and materials embraced therein. No more than one proposition can be received from any one person or firm for the same contract, and all the propositions of the person offering more than one for the same object shall be rejected. The person or persons to whom the work may be awarded will be required to enter into contract for the performance of the work within ten days after the same shall have been awarded to him or them, at the place and upon the terms as to security as shall be prescribed by the board of canal com- missioners. The name or names of the persons proposing should be written out in full, with their place of residence and post-office address. Attention is called to the following provisions of chapter 766, Laws of 1873: " And in case the proposer, to whom such work shall be awarded, shall neglect or refuse to enter into said contract, the sum so deposited shall be forfeited to the state, and the commissioners shall pay the same into the state treasury, and it shall become a part of the canal fund. And upon the entering into said contract, the sum of money, bonds or stocks required by the commissioners as security for the entering into said contract, together with such other additional securities as they may require, may be held as security for the completion of the work, and shall be deposited with the treasurer as a special trust, to be returned by him to the contractor, with such further sum as he may have realized for the use thereof, when the commissioners in charge and the state engineer shall certify that the con- tractor has fully completed his contract, and that the state has no further claim upon such funds. " But in case he shall enter into said contract and fail in the performance thereof, the same shall be declared abandoned by said commissioners, pur- 160 OF THE CANAL COMMISSIONERS. to be let, as they may deem necessary to secure the entering into said contract. And in case the proposer, to whom such work shall be awarded, shall neglect or refuse to enter into such contract, the sum so deposited shall be forfeited to the euant to the terms of the contract, then the sum of money so deposited shall be forfeited to the state, and paid into the treasury and become a part of the canal fund." It is expressly understood and agreed that the party or parties of the first part is to perform all the conditions of his or their contract for the prices and compensations therein specified, without any further claim for compen- sation from the state. The price or prices in the contract will be considered as including the expense of furnishing all the materials and performing all the work, accord- ing to the plans, specifications and notices exhibited at the letting, and for all increase of quantities that may arise in the progress of the work. The person or persons to whom the work may be awarded will be required by the board of canal commissioners to give the bond for the payment of laborers' wages, as required by chapter 278 of Laws of 1850 ; and, also, the usual bond for fulfillment of contract. No acceptance of a proposal or award of a contract by the board of canal commissioners, and no contract made by them, or any interest in the same shall be assignable to any person or persons. Fifteen per cent of the amount of any work done or materials furnished, at the contract price thereof, shall be reserved by the canal commissioners until the whole work which is the subject of the contract shall have been fully and entirely completed. Contractors will be required to receive and use in the work, when so directed, all such materials as belong to the state, on any of the above work, and allow therefor such prices as may be fixed by the commissioner and engineer in charge. And in case the canal commissioners shall suspend the work hereby advertised for want of funds, or for any other cause whatever, after notice to the contractor or contractors, no claim whatsoever for interest, damages or prospective profits will be entertained or allowed to the contractor or contractors. The plans, maps, specifications, quantities of materials, forms of con- tract, notices, and all necessary papers, with which proposers will be re- quired to comply, will be ready for examination, for five days prior to the time limited for the letting, for the eastern division, at the engineer's office in the city of Albany, and for the work on the western division, at the engi- neer's office in the city of Rochester. All proposals must be addressed to the board of canal commissioners, and there should be written on the envelope, " Proposals for public work," and the work proposed for should be designated. Dated at ALBANY, March 20, 1873. JOHN D. FAY, ALEX. BARKLEY, R. W. STROUD, Canal Commissioners. OF CONTRACTS. 161 state, and the commissioners shall pay the same into the. state treasury, and it shall become a part of the canal fund. And upon the entering into said contract, the bonds or stocks or money required by the commissioners as security for the enter- ing into said contract, together with such other additional securi- ties as they may require, may be held as security for the completion of the work, and shall be deposited with the treas- urer as a special trust, to be returned by him to the contractor with such further sum as he may have realized for the use thereof, when the commissioner in charge and the state engi- neer shall certify that the contractor has fully completed his contract, and that the state has no further claim upon such NOTE. The annual appropriation acts for new work and extraordinary repairs of the canals, from 1867 to and including 1873, have contained the following provisions relating to the money appropriated and the work therein specified : " In order to remove all doubts in respect to the authority of the canal commissioners to commence the new works for which appropriations are herein made, and no legislative direction is otherwise given by special laws, it is hereby declared that the said canal commissioners are hereby author- ized to construct or cause to be constructed all such new works for which appropriations are herein made, subject, however, to all restrictions, pro- visions and conditions contained in this act." " No part or portion of the moneys herein appropriated for new work shall be expended or paid, nor shall any contract involving such expendi- ture and payment be made on behalf of this state, until the maps, plans and estimates for such new work shall have been submitted to and approved by the canal board." " No more money shall be expended on the works hereinbefore enumer- ated than is above appropriated, and it shall not be lawful for the officers having in charge the execution of the said works to make any contracts whereby any expenditure in excess of the appropriation will be incurred, or any further appropriation for the same rendered necessary." "To meet the appropriations made in this act of the moneys to be col- lected by and upon the said tax with as little delay as practicable, the com- missioners of the canal fund or comptroller may, from time to time, invest in the said tax any surplus moneys of the principal of the sinking funds under article seven of the constitution, a sum or sums not exceeding in all the amount to be realized from said tax hereby authorized ; and the moneys so invested shall be applied to pay the appropriation under this act ; and so much of the moneys arising from the said tax as may be necessary, when paid into the treasury, is hereby pledged, and shall be applied in the first instance, to re-imburse the said sinking funds for the amount invested in said tax, and for the interest on the same, at a rate not exceeding six per cent per annum, from the time of investment to the day of p ivment." The acts for 1870, '71 and '72 also contain the following provision: " The final account for any new work authorized by the provisions of this act or any previous acts, or for which money has been or is hereby appro- priated, may be subject to revision by the canal boar 1." 21 162 OF THE CANAL COMMISSIONERS. funds. But in case he shall enter into said contract and fail in the performance thereof, the same shall be declared abandoned by said commissioners, pursuant to the terms of the contract, then the bonds or stocks or money so deposited shall be for- feited to the state, and paid into the treasury and become a part of the canal- fund. The canal board may, in the resolu- tion authorizing any work to be let, prescribe the length of time of advertising not less than ten days. * * * Contracts. 300. (1866, ch. 836, 9.) It shall be the duty of the canal board to cause to be inserted in all contracts for work or repairs on the canals, a clause requiring, the contractor to pay all damages arising to the State or to any individual, by reason of the negligence, default or misconduct of such contractor in the performance of such contract. 1 security. 301. (R. &, 36.) Every person who shall enter into any contract for the supply of materials or the performance of labor, on any canal, shall give satisfactory security to the canal commissioners, for the faithful performance of his contract, according to its terms ; and if any person, having given such security, shall neglect or refuse to perform his contract he shall be excluded from any interest in any future contract, in relation to the same object. Conwac- 8 302. (1850, ch. 278, 1.) It shall be the duty of any tore to give bonds to canal commissioner or other officer having charge of the letting pay labor- ers, of any contract for work on any of the canals or other public \vorks of this state, to require and take, in addition to the bond now required by law for the security of the state, a bond with good and sufficient sureties not less than two, conditioned that such contractor shall well and truly pay in full, at least 1 Ch. 766, of 1873, providing for new work, etc., imposes the following condition to the erection of the new bridges, named in the act : " The canal commissioner shall in each instance, before proceeding to the construction of the bridges provided for in this act, require and receive from all per- sons, whose property, rights or interests may be affected by such bridge, approaches or embankments, a full and sufficient release, legally executed and acknowledged, free of all expense to the state, of all claims for dam- ages in consequence of the construction of said bridge, or of the approaches or embankments of the same, and also a good and sufficient license or per- mission to the state, duly executed and acknowledged, to alter, change and raise such bridge, approaches or embankments, wherever necessary, which necessity is to be determined by the canal commissioners." OF CONTRACTS. 163 once in each month, all laborers employed by him on the work specified in such contract, which bond shall be duly acknowl- edged before an officer authorized to take acknowledgment of deeds, and filed by the officer taking the same, in the office of the clerk of the county, wherein such work or contract is to be performed. And when such work shall be partly in two or where more counties, there shall be such a bond filed in the clerk's office of each county. 303. (Same cA., 2.) Suits may be commenced on said when bond before a justice of the peace, when the amount claimed ted. 8e shall not exceed the jurisdiction of a justice of the peace, and a transcript of such bond, duly authenticated by the county clerk, may be used in evidence in such suit. 304. (Same e sup- ' or amount of materials or tools upon any section of said canals, the supply of which cannot consistently with the safety and OF SUPERINTENDENTS, ESTIMATES, ETC. 171 requisite good reparation or condition of said canals be obtained under and by virtue of the contracts herein required to te made in season for the exigencies of the occasion, any canal commissioner or superintendent in charge of any portion of said canals where such necessity may exist, is hereby author- ized and required to supply any deficiency that may be found to exist upon the best practicable terms for the interest of the state, rendering to the canal board as soon as consistent there- after, a just and true detailed statement of the materials or tools purchased and of the circumstances rendering such pur- chase necessary, which statement, or a copy thereof, shall be communicated to the legislature at its next session. But nothing herein contained shall be so construed as to permit the purchase of any materials or tools for the supply of which contracts are in existence in any other manner than by con- tract, whenever the same can be procured by contract without delay to the navigation of the canals or injury to the interest of the state. 333. (Same ch.. 8 10.) All materials and tools purchased Tools an., 2.) This act shall apply to all mechanics, applies. workingmen and laborers now or hereafter employed by the state, or municipal corporation therein, through its agents or officers, or in the employ of persons contracting with the state or such corporation for the performance of public works. Eight hours a day's work, etc Penalties, etc. Do. 342. (Same ch., 3.) Any officer or officers, or agents of this state, or of such corporation, w*ho shall openly violate or otherwise evade the provisions of this act, shall be deemed guilty of malfeasance in office, and be liable to suspension or removal accordingly by the governor or head of the department to which such officer is attached. 343. (Same ch., 4.) Any party or parties contracting with the state or any such corporation, who shall fail to comply with, or secretly evade the provisions hereof, by exacting and requiring more hours of labor, for the compensation agreed to be paid per day, than is herein fixed, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine, not less than one hundred nor exceeding five hundred 1 As to removal of superintendents by the canal commissioner in charge, see Art. 4 " Of the canal board," post, 489. ALBANY BASIN. 175 dollars, and in addition thereto, shall forfeit such contract at the option of the state. 1 ALBANY BASIN. 344. (1849, ch. 200, 1.) The commissioners of the canal Albany fund shall borrow on the credit of the state, a sum which shall be adequate to pay to the city of Albany one hundred and twenty-one thousand four hundred and sixty-two dollars and sixty-three cents, with interest at the rate of six per cent per annum, from the twentieth day of February, eighteen hun- dred and forty-three, to the time of such payment, for the expenses incurred by the said city for excavating, clearing and cleaning out the basin opposite the said city at the termination of the Erie and Champlain canals, and also a further sum of thirty thousand dollars to be paid to the owners of the pier connected with said basin, in lieu of tolls as heretofore paid to the said pier owners. * * * 345. (Same ch., % 4.) The said sum of one hundred and Appropri \ f i i atlonof. twenty-one thousand four hundred and sixty-two dollars and sixty-three cents, with interest thereon, at the rate aforesaid, from the time in the first section of this act specified, to the time of the payment thereof, to be obtained by the aforesaid loan, is hereby appropriated and directed to be paid in the same manner as other expenses of the canals to the mayor, aldermen, and commonalty of the city of Albany, in full pay- ment and discharge of all claims of the said corporation for any expenses incurred bythem at any time previous to the passage of this act, for excavating, clearing and cleaning out of the said basin at the eastern termination of the Erie and Champlain canals, and of all interest of said city, and of the pier owners, in said basin. The sum of money appropriated and directed to be paid to the mayor, aldermen and common- alty of the city of Albany by the preceding sections of this act, shall be applied to and made a part of the " sinking fund " heretofore provided for the payment of the public debt of the city of Albany, and applied to the payment of the debt due by the city to the state, which may have been incurred or con- tracted prior to the first of May, one thousand eight hundred and forty-eight, and to no other purpose whatever ; provided that nothing in this act contained, shall be so construed as to 1 5 of this act repeals the eight-hour law of 1367, ch. 856. 176 OF THE CANAL COMMISSIONERS. create any liability on the part of the state to pay any damages that may have been sustained by any person or persons whom- soever, in consequence of any proceedings or acts done under or by virtue of the several acts of the legislature mentioned in the seventh section of this act, or any of the acts amendatory of the same. 1 346. (Same 369 ' mate and appraisement of the damages, and benefits, result- ing to the persons interested in the premises so appropriated, from the construction of the work, for the purpose of mak- ing which such premises shall have been taken. 426. (ft. S.j 47.) It shall be their duty, for that pur- TO meet, pose, to meet at such times and places as they may deem dence, etc. necessary, and as nearly in the vicinity of the premises, as conveniently may be, and hear such proper and relevant evi- dence as shall be offered; and they are, for that purpose, empowered to administer oaths to witnesses. 427. (1829, ch. 368, 1.) It shall be the duty of the canal Powers appraisers personally to view the premises on which damages ai shall be claimed, and to meet at such times and places as they may deem necessary, and as nearly in the vicinity of the premises as conveniently may be, and hear such proper and relevant evidence as shall be offered, and direct the attend- ance of witnesses in behalf of the state, if, in their opinion, the interest of the state shall require it ; and they are, for that purpose, empowered to administer oaths to witnesses; and willful swearing before the said appraisers is hereby declared perjury. 428. (Same ch., 2.) It shall be their duty to enter in a Record of book, to be kept for that purpose, the nature and extent of all decisions, claims on which they shall pass, the items on which allowances are made, and the several amounts allowed, and the items on which no allowance is made ; and they shall enter at length the testimony taken, and the grounds and reason for their decision. 206 OF THE APPRAISEMENT OF DAMAGES. Claims for dam- ages, when to be filed. 9 Barb. 466 ; 15 ib. 637 ; 4 Go mat. 66. Former damages. 15 Barb. 643; 1 Kern. 308; 9 Barb. 496. Subpoenas. Form of. 429. (JR. 8., 48 ; amended 1866, ch. 836, 5.) 1 Every person interested in premises so appropriated, and every per- son who shall claim to have sustained damages by reason of the temporary appropriation of his lands or waters, or any injury caused by the canals of this state, or the works con- nected there with, _ if he intend to claim such damages, shall within one year after such premises, lands or waters have been taken permanently, appropriated or temporarily occu- pied, and within one year after jurisdiction shall be conferred upon the canal appraisers by the legislature, to hear such other injury, file in the office of the canal appraisers a detailed statement of his claim in writing, signed by himself, his guardian or his agent, specifying in as particular a manner as the nature of the case will admit, the extent of his interest in the premises appropriated, and the nature and amount of damages, which claim shall be verified in the same manner as pleadings are now required by law to be verified.* 430. (R. 8., 49.) No claim for damages, for premises that shall have been appropriated to the use of a canal, at any time before this chapter shall be in force, shall be received by the appraisers, unless it shall be exhibited within one year after this chapter shall become a law (January 1st, 1828); and the premises so appropriated shall be deemed the property of the state ; and no claims, other than those so exhibited, shall be paid without the special direction of the legislature. 431. (1829, ch. 48, 5.) Either of the canal commission ers, or appraisers of damages, may issue subpoenas to compel the attendance of witnesses before tlje board of appraisers to give testimony in relation to any matter depending before such board, under the provisions of article third, of title ninth, of chapter ninth, of the first part of the Revised Statutes. 432. (Same ch., 6.) Such subpoenas may be in the same form, as near as may be, as subpoenas issued by justices of the peace, and may require the attendance of any person residing 1 The amendment is made to 84, R. S., Art. 3, etc. There is no 84 in Art. 3. It was evidently intended to be made to R. S., 48, which is printed as 84, in the 5th Ed. R. S. *See report of attorney-general, canal board proceedings, 1873, page 100, for a construction of this section, upon claims barred by lapse of time. OF THE CANAL APPRAISERS. 207 in the county where the same may be returnable, or in the adjoining county. 433. (1836, oh. 287, 2.) Every person appearing as a witness witness in pursuance of the command of any subpoena issued fees * by a canal appraiser, shall be entitled to the same fees as are allowed to witnesses for attending courts of record in civil suits, to be paid by the claimants for damages, if subpoenaed on their part, or by the canal commissioners, if subpoenaed on the part of the state. 434. (Same ch., 3.) Every person neglecting to appear, Penalties in pursuance of the command of any such subpoena, without attend-" good cause for such non-appearance, or when appearing, shall *' refuse to be sworn or to testify, shall forfeit the sum of fifty dollars, to be recovered with costs of suit before any court having cognizance thereof. If subpoenaed by the claimant for damages, to be sued for and recovered by such claimant, in his name and for his use ; if subpoenaed to attend in behalf of the state, to be sued for and recovered in the name of the people of this state, for the benefit of the canal fund. 435. (Same ch., 4 ; amended 1866, ch. 836, 6.) It shall canaicom be the duty of the canal appraisers to notify the acting- canal to be i. t J[ T * i u- i j notified. commissioner in charge of the line ot canal on which dam- ages are to be appraised, of the time and place of the meeting of the appraisers to view the premises and take testimony in relation to such appraisals. Such notice shall be given by indorsing the same in an envelope and depositing it in the post-office, directed to such commissioner at his office, at least eight days prior to the time of such meeting, and they shall also give the like notice to the claimant, if the residence of such claimant shall be known to the appraisers ; and in case any claimant shall neglect or refuse to bring his claim to a hearing before the appraisers, at the time and place specified in such notice (unless upon good cause shown, excusing such default), the appraisers shall have power to examine the prem- ises and hear said claim ex parte, and to decide the same, and to make such award therein as shall appear to them just. 436. (Same ch.. 5 ; amended 1855, ch. 535, 4.) It shall Duty of . . . canal com be the duty of one of the acting canal commissioners, in per- son or by agent, to attend in behalf of the state, before the canal appraisers, and procure or request the attendance and 208 OF THE APPRAISEMENT OF DAMAGES. examination of witnesses on the part of the state, and if, in the opinion of the canal appraisers, the interests of the state require it, they may employ counsel on behalf of the state, on the hearing of claims for damages before them. 1 Decisions 437. (Same <$., 6 ; amended 1866, ch. 836, 7.) It shall trfais. ew be the duty of the canal appraisers to decide upon claims for damages from the information obtained by them in viewing the premises, and from the evidence, if any, received by them from witnesses; and the said appraisers shall have power, upon application to them by the claimant or by the canal com- missioners, within thirty days after the award shall have been recorded in the office of the appraisers, and notice thereof given to the claimant and the commissioner, to order a new trial in cases of surprise or newly- disco vere devidence, or in cases where material errors have been committed on the first hearing. 6* Canal com- 438. (Same ch., 8.) No canal commissioners shall liere- not to vote after be associated with the canal appraisers in the appraisal ' of damages, nor shall any canal commissioner, who shall have attended in behalf of the state, before the appraisers, on the hearing of a claim for damages, have any voice as a member of the canal board, in the final decision of such claim on appeal. Quorum. 439. (Same ch., 9.) It shall be the duty of each of the 7 Cow. 536. a pp ra j 8erg to attend the meetings to be held for the appraisal of damages ; but any two of them may perform any of the duties required of appraisers of damages, provided that the decision and determination on each claim, shall be concurred in by at least two of the appraisers. custody of 440. (Same ch., 7; amended 1849, ch. 352, 6.) It shall be their duty to deposit the books and papers in relation to the appraisal of damages, when not required to be used by them in the discharge of their duties as appraisers, in [the apartmeat of the canal appraisers] for safe keeping. DO. 441. (1849, ch. 352, 6.) All the books, records and papers, relating to canal damages, or their appraisal, in the comptroller's office, and in the particular care and keeping 1 See Art. 2, ante; note to 283. OF THE CANAL APPRAISERS. 209 of the auditor of the canal department, except the books, papers, and proceedings of the canal board, and those relating thereto, shall be transferred to and remain in the apartment of the canal appraisers, and in their charge and keeping. 442. (12. , 50.) A regular entry of every determina- Record of tion and appraisement made by the appraisers, certified and ^Barb? 8 ' signed by the appraisers making it, and containing an apt and y!^ 1 ; N ' sufficient description of the premises so appropriated, the 526. en names of the persons interested, and the sums estimated to each, for benefits and damages, shall be made in a book kept for that purpose, by the canal commissioners. 443. (R. S., 51 : amended 1855, ch. 535, 2.) A tran- Record of J V il. l. v transcript. script of every such entry, signed by the appraisers, shall be 3 Kern. 244. recorded in the clerk's office of each county in which the premises appropriated shall in whole or in part be situated. 444. (R. 8., 52.) The fee simple of all premises so Right of appropriated, in relation to which, such estimate and appraise- 15 Barb. ment shall have been made and recorded, shall be vested in 643- the people of this state. 445. (R. /, 53.) If the damages, so estimated and Payment for dam- appraised, shall exceed the benefits, it shall be the duty of the ages. canal commissioners to pay the amount of such excess of the damages, to the persons appearing, by the determination of the appraisers, to be thereto entitled ; but no such payment shall be made, where an appeal or writ of error shall be prosecuted by the canal commissioners, until a final decision on the appraisement shall have been had. 1 446. (R. 8., 58.) When damages shall be claimed by the what . . in damages owner of any land which the canal commissioners shall may be ^ have occupied for temporary purposes, or on which they shall agree- have entered for the purpose of obtaining material for repairs, 3 Kern, m the acting commissioner on the line of the canal nearest to which the land shall be situate, or any engineer or superintendent of repairs authorized by him, may fix by agreement the amount of damages which such owner ought to receive." 1 Appeals may be brought by state officers without security. 1861, ch. 288. See ante, % 100. 8 R. S., 59 to 67 of this chapter, relating to certain proceedings before appraisers to be chosen from discreet freeholders in the county, etc., for the 27 210 OF THE APPRAISEMENT OF DAMAGES. 8 Kern. Barb. 657. Proceed- ings on appraisal. ( 1836 > cjl - 28 ^ 10 When damages shall be claimed ^7 *^ e owner f an y l an ds, waters or streams, which the canal commissioners shall have occupied for temporary purposes, in the construction or improvement of any state canal, or other works connected therewith, or on which they shall have en- tered for the purpose of obtaining materials for the construc- tion or improvement of such canal, or other works connected therewith, such damages, if not settled by agreement, shall be appraised by the canal appraisers. 448. (Same ch., 11.) The proceedings in relation to the appraisal of such damages shall be, in all respects, the same as the proceedings in relation to the appraisal of damages for lands, streams or waters appropriated by the canal commis- sioners to the use of the public ; except that no transcript of such appraisal shall be recorded in the clerk's office of any county. 1 449. (1830, ch. 293, 1.) When any lands are overflowed by the erection of any dam by the canal commissioners on any river or stream connected with the public works, it shall be the duty of the canal appraisers to make a just and equitable appraisement of the damages sustained by the owners of such lands. 450. (Same cA., 2.) The existing laws in relation to the appraisement and payment of damages, where lands are ap- propriated by the canal commissioners to the use of the public, shall apply to the appraisement of damages sustained by the owners of the lands mentioned in the foregoing section. Land, 451. (1849, ch. 352, 1.) Whenever any tract or parcel surveyed e of land shall be divided by the location or enlargement of any "** of the canals of this state, and the canal board shall be of opinion, that it is necessary for the public use, to take and appropriate either portion of such land, the canal commis- sioner shall cause a survey and map of such portion of such Lands over- flowed. Proceed- ings. appraisal of temporary damages, seem to be inconsistent with, and repealed by sections 10 and 13, ch. 287, Laws of 1836, and are therefore omitted. See 447. 1 12 of this act repeals so much of part 1, ch. 5, R. S., and acts of March 5th and May 24th, 1859, relating to appraisal of damages as are incon- sistent with this act. See note to 446, ante. OF THE CANAL APPRAISERS. 211 land to be filed in the office of the clerk of the county where such land is situated and thereupon the title to such portion of land shall vest in the state in the same manner as other land taken by the state for the construction of the canal. 452. (Same ch., 2.) The owner of any land taken by Compensa- the state, as provided in the last section, shall be entitled to made to compensation and damages for the lands so taken, to be ascer- tained and appraised in the same manner as for lands taken and appropriated for the construction of the canal. 453. (1837, oh. 143, 1.) Whenever the canal appraisers Land not ' c to be taken shall appraise any land embraced within the survey for the in certain * cases. enlargement of the Erie canal, under the act passed May 11, 1835, entitled "An act in relation to the Erie canal," at a higher sum than in the opinion of a majority of the acting canal commissioners, shall be its fair value, such land shall not be taken by the state for the purpose of enlarging said canal on such appraisal. 454. (Same oh.. 2.) If the canal commissioners shall not Canal, how ^ ' " ' to be im- be able to procure a deed or deeds in fee to the state from the {^ ln owner or owners of such land at such prices as they deem to casea - be for the advantage of the state to give to enable them to enlarge the canal to the width determined upon by the canal board, they shall improve said canal by deepening the same seven feet, and widening the same as they may think proper, within the limits of the land originally appropriated and sur- veyed for the use of said canal. 455. (Same ch., 3.) Where the surface of the water of Receiving \ ' o / and dls- said canal shall be less than the width determined upon by the canal board, by reason of the commissioners not being able to procure the title to the land for the price aforesaid, no boat shall be permitted to stop on said canal to receive or discharge any freight or passenger under a penalty of twenty-five dol- lars, to be prosecuted and recovered against the captain or owner of said boat, according to the provisions of article seven, title nine, chapter nine, of the first part of the Kevised Statutes. 456. (1839, ch. 207, ^amended 1840, ch. 372, 1.) The said commissioners are also hereby authorized in all cases, bridges. where, in their opinion, the same can be done consistent with 212 OF THE APPRAISEMENT OF DAMAGES. the public interest, to commute with the owners and claimants of bridges over the [several canals of this state] by paying such owner or claimant such sum in lieu of a bridge as may be agreed upon between the claimant and said commissioners. And in all cases where in the opinion of said commissioners a bridge over the canal ought not to be rebuilt, and the sum to be paid for commutation shall not be agreed upon as aforesaid, the said bridge shall not be built, but the damages sustained by such owner or owners by being deprived of such bridge, and which the state, under all the circumstances, ought of right to pay, shall be appraised by the canal appraisers and paid by said commissioners. set-off 457. (Same ch., 5.) In all cases where damages shall be damages, claimed for being deprived of a bridge which the claimant had before constructed or maintained, the circumstance of his being equitably bound to contribute toward the construction and maintenance of an enlarged bridge, a sum equal to the expense of the maintenance of a bridge proportioned to the size of the original canal, shall be taken into consideration by the appraisers, and a proper amount on that account shall be set off against any damages to which the claimant might other- wise be entitled. Appraise- ^*8. (Same cA., 6.) The proceedings in relation to the immt, how a pp ra i 8emen t of such damages, shall be in all respects the same as the proceedings in relation to the appraisal of damages for lands, streams or waters appropriated by the canal commis- sioners to the use of the public ; and appeals from such ap- praisement may be made in the same manner. GENERAL ACT, RULES, ETC. General 4:59. (1870, ch. 321, 1.) Jurisdiction is hereby granted fzing U ap- r to and conferred upon the canal appraisers to hear and deter- Eearand mine all claims against the state, of any and all persons and certain 1116 corporations for damages alleged to have been sustained by damages, them from the canals of the state, or from their use and man- agement, or resulting or arising from the negligence or conduct of any officer of the state having charge thereof, or resulting or arising from any accident or other matter or thing connected with the canals ; but no award shall be made unless the facts proved shall make out a case which would create a legal lia- bility against the state, were the same established in evidence in a court of justice against an individual or corporation ; and GENERAL ACT, RULES, ETC. 213 in case such legal liability shall be satisfactorily established, then the appraisers shall award to the claimant such sum as shall be just and equitable, subject, however, to the right of appeal to the canal board in all cases, in the manner now pro- vided by law ; provided that the provisions of this act shall not extend to claims arising from damages resulting from the navigation of the canals. 460. (Same ch., 2.) The claimants shall file their claims Claims, , -i /u /? , -I i . . , . when to be in the omce 01 the canal appraisers within two years from the med> time said damages shall have accrued, but claims for damages which shall have accrued more than one year prior to the passage of this act, shall be filed within one year from the date hereof. The canal appraisers are ' hereby authorized and required to employ counsel on behalf of the state, on the hear- ing of such claims, as may be necessary to protect the interests of the state. All acts or parts of acts inconsistent with this act are hereby repealed. 1 461. (Same ch., 3.) The said board of canal appraisers Topre- shall prescribe rules as to the form and manner in which claim- ants shall make out and verify their statement of claims ; and Ings. 661 they shall provide a general rule for the taking of evidence when the witness shall not be examined orally before said board, and for reducing to writing and preserving said evidence when taken. The said board is hereby authorized to issue subpoenas for the attendance of witnesses, and shall have power to compel their attendance by attachment, and to punish them for contempt in the same manner as is now provided by law in relation to courts of record ; and the said board shall also have power to administer oaths to witnesses and to issue commissions for the examination of witnesses residing out of the state.* 1 Ch. 668, of 1871, relating to payment of counsel by the auditor was re- pealed, 1872, ch. 826. 9 The following rules for making out and verifying claims, were pre- Hfribed by the canal appraisers under this section : STATE OF NEW YORK. OFFICE OF THE BOARD OF CANAL APPRAISERS,) ALBANY, N. T., May, 1870. The canal appraisers of the state of New York, do hereby prescribe and establish the following rules as to the form and manner in which claimants shall make out and verify their statement of claims. The statement of claim to be filed in the office of the appraisers shall contain : 1st. The full name, residence and post-office address of each claimant; 214 Appeal to canal board. OF THE APPRAISEMENT OF DAMAGES. APPEALS, NEW TRIALS, ETC. 462. (1829, ch. 368, 3.) Every person having exhibited a claim for damages to the appraisers, or the canal commis- sioners, where they shall deem the interest of the state to require it, may enter an appeal from the decision of the appraisers on such claim, to the canal board, who shall pro- ceed to reverse, affirm or modify the appraisement, as in their opinion justice shall require ; and their decision shall in all cases be final and conclusive. HOW made 463. (Same ch., 4.) Every such appeal shall be made in served. writing, stating briefly the grounds on which the appeal is made ; if made by the canal commissioners, one copy of the appeal shall be served on the canal appraisers, and another on the party claiming damages, his guardian or agent, either personally or by leaving the same at his usual place of abode ; if made by the party claiming damages, one copy of said appeal shall be served on the appraisers, or one of them, and another on the canal commissioners. Decisions 464. (Same ch., 5.) It shall be the duty of the canal be filed. appraisers, within thirty days after any claim is decided upon, to make a transcript of the entry of such decision, and file the same in the clerk's office of the county in which the and if the claim shall have been assigned, the full name, residence, and post-office address of each and every assignor of such claim, and the date of each assignment. 3d. A plain and concise statement of the facts constituting the claim, and the time and place at which it originated. 3d. A bill of particulars, specifying each item for which damage is claimed. 4th. A statement whether the claim or any part thereof has been pre- sented to a canal commissioner, or to the canal board, for settlement or for adjudication ; and in case the claim, or any part thereof, shall have been so presented, and then the decision thereon, and when and by whom made, and the grounds upon which it is claimed a rehearing should be had. 5th. The statement of claim shall be verified by the affidavit of the claim- ant to the effect that the same is true to the knowledge of the claimant, except as to the matters stated on information and belief, and as to those matters he believes it to be true, and that no part of the claim has been paid, or heard and decided by the canal appraisers. SAMUEL NORTH, J. GAY, GEO. C. GREENE, Canal Appraisers. APPEALS, NEW TEIALS, ETC. 215 premises passed upon are situate ; and in all cases the appeal Appeal to must be made, and the proper copies served within three wlthuT 6 months from the time such transcript is filed in the clerk's months. office as aforesaid. 465. (1868, oh. 579, 1.) In all cases, where by special Appeals act the canal appraisers have been or may hereafter be author- awl?ds ized, to hear and determine any claim for damages resulting special from any cause, an appeal may be taken to the canal board from the decision or award of said canal appraisers, by the canal commissioners on the part of the state, or by any claim- ant affected by such award or decision. The canal board on such appeal, may affirm, reverse or modify the decision or award appealed from, and their decision shall be final and conclusive. 1 466. (Same ch., 2.) Such appeal shall be taken within when to . betaken. three months from the time that such decision or award shall have been made and entered, 467. (Same cA., 3.) All existing laws regulating Proceed- appeals from the decisions of the canal appraisers, not incon- sistent with the preceding section, shall apply to appeals under this act. 468. (1870, cJi. 768, 2.) * * * In any appeal by the canal commissioners, on the part of the state, from a decis- missioner. ion or award made by the canal appraisers, the notice of appeal may be signed by any one or more of such commis- sioners, and the signatures of all shall not be required. 469. (1829, ch. 368, 6.) The appraisers shall make a return in writing, to every appeal so served on them, setting forth a copy of the claim for damages; a transcript of the evidence, if any ; the items on which allowances were made, and the several amounts; the items, if any, on which no allowance was made ; and the reasons and grounds on which their decision is made. 470. (Same ch., 7.) It shall be the duty of the canal canal ^ board to meet, from time to time, and decide on all cases of decide^ 1 By resolution of canal board (Proceedings, 1872, p. 192), it was " Re- solved, that in the opinion of this board, it has no power to order new trials before the appraisers, in appeals, from awards of appraisers under special acts." (Attorney-general dissenting.) 216 OF THE APPRAISEMENT OF DAMAGES. appeals made from the decisions of the appraisers ; and if, in their opinion, the interest of the state requires it, they shall direct the attendance of the appraisers, or either of them, to give evidence in relation to the subject-matter of the appeal ; they shall decide all cases of appeal, on the evidence <>r information contained in the transcript furnished by the appraisers, and the evidence of the appraisers, if any la obtained. Decisions 471. (1849, ch. 352, 4 ; amended 1866, ch. 836, 8.) andmed. e Whenever the canal board shall, upon the hearing of any appeal from the award of the canal appraisers, reverse or modify such award, they shall state on the resolution or order relating to said appeal, the grounds of such reversal or modi- fication, and how much, if any, such award is increased or diminished, and a copy of such resolution or order shall be immediately filed with the canal appraisers, and also a copy New trials, of every resolution or affirmance. The canal board shall also have power to order a rehearing before the canal appraisers, in the nature of a new trial before the canal appraisers. 1 Rehearing 472. (1840, ch. 201.) The canal board are hereby author- granted. ized to grant a rehearing, in any case they now are, or may hereafter be, authorized to adjudicate, whenever, in their judgment, the justice of the case may require it ; but no party shall be entitled to but one rehearing, and the adjudica- tion upon such rehearing shall be final and conclusive ; but no such rehearing shall be granted, unless application in writ ing shall be made therefor, within sixty days after such case shall have been adjudicated by the said board. Certiorari 473. (1840, ch. 288, 16.) The commissioners of the canal fund or the canal commissioners may in their discretion appraisers, cause a certiorari to be brought by the attorney-general, in behalf of the state, from the determination of the canal appraisers upon any legal or constitutional question, to the supreme court, in cases where any damages have been or shall be awarded upon any claim for the deprivation of any right, or pretended right, to the use of any water or water privi- leges or fisheries, or for the temporary use or diversion of any water by the canal commissioners. 1 See note to 465, ante, and 24 N. Y. 583. APPEALS, NEW TRIALS, ETC. 217 474. (Same ch., IT ; amended 1847, ch. 280, and Cod^ Proceed- 11 and 457.) Such certiorari shall be brought within the on? 1 time prescribed by law in reference to appeals in similar cases to the canal board, and the appraisers shall make a return in writing to the supreme court within the time and containing the same matters as required in cases of such appeals ; and the supreme court shall determine such certiorari on such returns only, or upon such further returns as the said court may require, and may set aside such appraisal for want of jurisdiction in the appraisers, or for any error com- mitted by them in such determination, except as to the amount of damages awarded, and may award costs in their discretion ; and any party interested may bring an appeal on the judgment of the supreme court on such certiorari, to the [court of appeals]. 475. (Same ch., S 18.) Such certiorari, or any -judgment Not to * *. prevent thereon, shall not prevent an appeal, as now provided by law, ^^ to the canal board, in respect to the amount of any damages awarded by the canal appraisers 1 476. (1849, oh. 352, 5.) The canal appraisers shall make canal ap- > ' fi praisers to an annual report to the legislature at the commencement of the annual session thereof, which shall contain : 1. The names and residences of the several claimants who have preferred claims. 2. The nature of the claim and the amount claimed. 3. What action has been had upon each and the reason thereof, and, if an award has been made the nature and amount thereof. 4. Whether an appeal has been taken in any case, and, if the appeal has been decided, the nature of the decision. 8 1 For provisions relating to proceedings in the courts, where the people of the state are a party, see commissioners canal fund, ch. ix, title 2, 97, etc., ante. 8 As to time of making report, see 162, ante. 218 OF THE CANAL BOARD. AETICLE IY. OF THE CANAL BOARD, THEIR POWERS AND DUTIES. SECTION 485. Of whom to consist. 486. Their powers and duties. APPOINTMENTS AND REMOVALS. 487. To appoint or remove superintendents of repairs and collec- tors of tolls, and fix their compensation. 488. May direct inquiry into the truth of charges against officers employed. 489. Superintendents, how removed by commissioner. 490. Superintendents to give constant and personal attention to their duties. 491. Compensation of officers, for the collection of tolls, to be fixed when appointments are made ; not to be changed dur ing the year ; no. collector to employ clerk except by certifi- cate of the auditor. 492. Ten inspectors and measurers may be appointed. 493. They are authorized to administer oaths. 494. Two additional inspectors and measurers to be appointed and located in New York. 495. One additional at Whitehall. 496. His powers and duties. 497. One additional at Oswego ; his powers and duties. TOLLS. 498. To fix rates of toll, regulate their collection, and impose for- feitures. 499. Rates of tolls to be uniform on all the canals. 500. Not to be reduced below toll-sheet of 1852, except by concur- rence of the legislature. 501. Tolls on Cayuga inlet. 502. Tolls oa Albany basin. 503. Tolls on Seneca river, above Baldwinsville dam. 504. Seneca river improvement and Baldwiusville canal, to be under control of the canal board ; tolls on, etc. 505. Tolls on Moose river. 506. Tolls on Beaver river. 507. Tolls on Mohawk basin, West Troy. 508. Tolls on Oneida river. 509. Tolls on Oneida Lake canal and feeder to be a part of canal fund. 510. Tolls on Oneida lake. 511. Canal board to designate where tolls shall be deposited. 512. May designate where su^er'ntendent of Onondago. salt springs shall deposit moneys. OF THE CANAL BOARD. 219 RULES AND REGULATIONS. SECTION 513. To make certain rules and regulations. 514. To make rules and regulations in respect to size and st*uc- ture of boats, and other floats, weighing and inspection of boats and cargoes, and may impose forfeitures. 515. May receive a specified sum as a commutation for tolls upon passengers. 516. How such commutation shall be paid. 517. Shall prescribe regulations for bringing suits for penalties and forfeitures ; moneys recovered to be paid to treasurer. 518. When penalty or forfeiture does not exceed fifty dollars, how recovered. 519. 26th and 27th sections of R. S., art. 2, ch. ix, how construed. 520. Copies of rules, regulations and forfeitures, to be printed and distributed. 521. Rules, regulations and forfeitures, to be filed in canal depart- ment; certified copy, by auditor, to be evidence in court of law. 522. Reim's champion boat scales may be used for weighing boats and cargoes. 523. Appropriation for expense of testing. 524. May remit forfeitures. 525. When and how. 526. Shall have power to modify or reduce penalties. 527. May remit penalties in certain cases ; application to be made within sixty days ; how to be made. 528. Contract system for repairs and contracting board abolished. 529. Contractors may surrender contracts for repairs. 530. Contracts for repairs may be canceled by canal board upon recommendation of the canal commissioners. 531. Contractors not to receive compensation for prospective dam- ages or profits, but shall be paid for permanent improve- ments, tools, materials, implements and money earned. 532. Canal board to adjust the amount to be paid. 533. To determine the method or system by which repairs shall be made. To appoint patrolmen, etc. 534. To make rules and regulations and impose penalties and for- feitures. ENLARGEMENT, NEW WORK AND EXTRAORDINARY REPAIRS. 535. When estimated repairs on canals less than $30,000 board may execute them ; when more, to report plan and estimate to the legislature. 536. Enlargement of locks Erie canal, cost of how payable. 537. Same rule applied to rebuilding all structures on the Erie canal. 538. Work on enlargement Erie canal to be kept distinct from ordinary repairs. 539. Not to make extra allowances to contractors. May cancel contracts. 540. Shall not cancel contracts for enlargement or repairs in cer- tain cases. 541. Canals declared completed from September 1st, 1862. 220 OF THE CANAL BOARD. SECTION 542. Prohibited from changing plan of completed canals. 543. Contracts to provide that the contractors shall pay damages caused by his default or neglect. PROCEEDINGS, APPEALS, ETC. 544. Authorized to administer oaths. 545. May require the attendance of witnessses and issue subpoenas, 546. May direct payment of witnesses ; and of officer serving sub poenas. 547. Three members may take testimony in claims for extra allow- ance. 548. Assent of five members requisite for the adoption of resolu- tion involving expenditure of public moneys ; ayes and noes to be entered on minutes. 549. Secretary to cause minutes to be published in daily state paper at Albany. 550. Person guilty of false swearing in oath before board, deemed guilty of perjury. 551. Return to appeals, how made. 552. Board to decide on appeals from appraisers' awards. 553. May grant rehearing in certain cases, if applied for within sixty days. 554. May reverse or modify award. May order rehearing before appraisers. 555. May order sale of surplus waters in certain cases. APPROPRIATION AND SALE OF LAND. 556. May take and appropriate lands divided by location of canals. Map and survey to be filed in county clerk's office, there- upon title to vest in the state. 557. Damages, to be appraised by the appraisers. 558. May determine when lands taken for the canals shall be sold. 559. Shall determine when lands have been abandoned ; commis- sioners of land office to sell or convey ; certain rights to be reserved. 560. Original owners to have preference of purchase for one year. 561. Act of 1857, ch. 257, extended to certain cases. 562. Not to apply to lands heretofore sold or to Oswego dry docks. OF THE CANAL BOARD. 485. (Const., Art. Y, 5.) The canal board shall consist of the commissioners of the canal fund, the state engineer and surveyor and the canal commissioners. Powers 486. (JR. <&, 68.) There shall continue to be a canal and duties. k oar( ^ wno sna ]i possess the powers, and discharge the duties enumerated in this title, or which shall hereafter be by law enacted or declared. APPOINTMENTS AND REMOVALS. 221 APPOINTMENTS AND REMOVALS. 487. (B. . % 69 ; modified 1870. ch. 55, 8 6.) They shall A PP oint- , . , . , * ment of nave power to appoint so many superintendents of repairs, officers, and collectors of tolls on the canals, as they may deem neces- 29 N. Y. 534; in .LI. ,i 27N.Y.387; sary, to supply all vacancies that may occur in those offices, to SSN.Y.SSO! remove any so appointed when they judge such removal proper, and to determine the amount of compensation which they shall respectively receive. * * * l 488.,. (1841, ch. 160, 3.) The canal board may direct charges the district attorney of the proper county to conduct an inquiry into the truth of any charges made or to be made coifector, against any superintendent, collector or other officer appointed inquired or employed by such board, or by the canal commissioners, and the same proceedings shall be had thereon in all respects as provided by the fourth article of the sixth title and fifth chapter of part first of the Revised Statutes, in relation to charges against a sheriff or county clerk, except that the testi- mony so taken shall be transmitted to the canal board, and the necessary expenses of any such inquiry shall be certified by the canal board and paid by the commissioners of the canal fund, out of the canal revenues. 489. (1854, ch. 332, 4.) No superintendent of canal superin- inn -i-i i j tendents repairs shall be removed by any canal commissioner during how re- the session of the canal board ; but either of the canal com- commis- * T- sioner. missioners, when a recess or adjournment of the canal board shall have been ordered, or shall exist for more than five days, may, during such recess or adjournment, remove any of the superintendents on the division of the canals of which he has charge, and fill the vacancy occasioned by such removal, to continue until the order of the canal board in the matter. And the commissioners making such removal shall, without delay, report the name of the person removed, and the name of the person appointed, to the canal department, with the reasons for making such removal. On receiving such report, the auditor shall immediately give notice to the members of the canal board of a meeting of such board to consider such report. And if the canal board shall re-appoint the superin- 1 The limitation of the salaries of superintendents of repairs to $1,000 per year in the original section (R. S., 69), is removed by chapter 55 of 1870, 6. See post, % 533. For appointment of engineers see 876, post. 222 OF THE CANAL BOARD. tendent so removed, he shall not be again removed by a canal commissioner. 490. (1851, ch. 57, 1.) Superintendents appointed by the canal board on the several canals of this state, shall give their personal and constant attention to the duties of their office. Compensa- 491. (1859, ch. 495, 5.) The canal board shall, from axed by e year to year, when the annual appointments are made, fix board. and determine the compensation and salaries to be paid to the collectors of canal tolls and their clerks, to the weighmasters and their assistants, and to such other officers and agents con- nected with the collection of tolls on the canals as the said board are or may be authorized to appoint or employ, which shall not be increased during such year. No clerks shall be employed by any collector of tolls, except when the auditor of the canal department shall certify the same to be necessary to enable such collector to perform the duties of his office. Ten in- 4:92. (Same ch., 6.) For the purpose of protecting the and c meas- state in its property, revenue and tolls on the canals, the canal appointed 6 board is hereby authorized to appoint ten inspectors and meas- urers of lumber and timber, and of boats and their cargoes, to be located at such points and places on the canals as may be deemed most expedient to accomplish the objects of the ap- pointment. May ad- 493. (Same ch., 7.) The measurers and inspectors oath 1 . 846 authorized to be appointed under the next preceding section, are hereby authorized to administer oaths, when the same becomes necessary, to enable them to discharge the duties of their respective offices. TWO ad- 494. (1866, ch. 836, 4.) The canal board is hereby au- fnspectore thorized to appoint two additional inspectors and measurers of Srei4 n to a be lumber and timber, and of boats and their cargoes, to be located to^e 1 " ' in the city of New York, who shall possess all the powers and New York, perform all the duties of such inspectors and measurers located upon the canals of this state, and may receive such compensa- tion as shall be allowed by the canal board, not exceeding the compensation paid to other inspectors and measurers employed upon the canals. APPOINTMENTS AND REMOVALS. 223 8 495. (1867, ch. 71, 1.) For the purpose of protecting Additional cr . { e inspector the interests of the state in its property, revenue and tolls, the at white- canal board is hereby authorized to appoint an inspector and measurer of lumber, and of boats and their cargoes, at White- hall, in the county of Washington, who shall possess all the powers and perform all the duties now imposed by law upon such officers, and receive such compensation for his services as may be fixed by the canal board. In addition to the foregoing powers and duties, the said inspector shall have power and it shall be his duty to regulate and station all vessels, boats, rafts and other craft in the harbor of Whitehall, within the corporate limits of the village of Whitehall, and from time to time to remove such vessels, boats or other craft as may not be em- ployed or detained in discharging or receiving cargoes or load- ing, to accommodate other vessels, boats or other craft to load or unload, and to prevent all vessels, boats, rafts and other craft from obstructing for an unreasonable length of time, the entrance of boats, rafts and other craft into the Champlain canal at Whitehall aforesaid. 496. (Same ch., 2.) The said inspector shall have power Powers and it shall be his duty to determine, how far and in what instances the masters and others having charge of vessels, boats or rafts shall accommodate each other in their respective situa- tions and locations in said harbor ; and if any master or other penalty, person having charge or control of any vessels, boats or rafts within the limits aforesaid, shall neglect or refuse to obey the directions of said inspector in matters within his authority, or if any person shall resist or oppose said inspector in the execu- tion of the duties of his office, such person or persons shall, for every such offense, forfeit and pay the sum of twenty -five dol- lars, to be recovered with costs in the name of the people of the state of New York, in any court having cognizance of the same, and all moneys so collected shall be paid over to the collector of canal tolls at Whitehall aforesaid, \vho shall account for and pay over the same to the treasurer of this state. 497. (1868, ch. 859, 1.) The canal board is hereby inspector authorized to appoint an inspector and measurer of lumber and timber, and of boats and their cargoes, to be located at Oswego, New York, in addition to the inspectors and meas- urers now authorized by law, whose powers, duties and com- pensation shall be the same as those of inspectors and measurers 224 Tolls. To be uniform. OF THE CANAL BOARD. whose appointment is authorized by section six of chapter four hundred and ninety-five of the laws of 1859. 1 TOLLS. 498. (B. S., 70.) The canal board shall, from time to time, fix the rates of tolls to be collected on the canals, and shall prescribe such rules and regulations relative to their col- lection, and impose such forfeitures of money, for the breach thereof, as from time to time they shall judge reasonable ; provided no forfeiture for a single offense shall exceed the sum of twenty-five dollars. 499. (1841, oh. 160, 1.) The canal board shall have power from time to time to fix the rates of toll on all the canals of this state, or any portion thereof, which has or may become navigable, so as to make them uniform and corres- ponding with those charged on the Erie and Champlain canals, and to prescribe regulations for the collection of such tolls, and impose forfeitures of money for the breach thereof, in the same manner as now provided by law in respect to the com- pleted canals. 8 Not to be reduced 500. (Const. Amdt., 1854, Art. VII, 3.) ' The except 1 ^ 3 ' rates of toll on persons and property transported on the canals rencefof shall not be reduced below those for the year one thousand ture! egisla ~ eight hundred and fifty-two, except by the canal board with the concurrence of the legislature. * * * 1 The canal board in 1869 (Proceedings, p. 173,) recommended the passage of a law for the appointment of six more inspectors. J For previous legislation relating to tolls on the lateral canals, see Che- mung canal, Laws 1829, ch. 135 ; 1832, ch. 164 ; 1841, ch. 219. Crooked Lake canal, Laws 1829, ch. 120. Chenango canal, Laws 1833, ch. 32 ; 1839, ch. 262. Black River canal and Erie canal feeder, 1836, ch. 157. Oneida River, Lake, canal, etc., 1839, ch. 284; 1841, ch. 238 ; 1846, ch. 325. 3 See concurent resolutions of legislature relative to tolls, viz. : Laws of 1854, p. 1107, tolls reduced on certain articles; 1859, p. 1210, reduced toll sheet approved ; 1862, p. 999, tolls reduced on certain articles ; 1862, p. 1000, tolls reduced on certain articles ; 1866, p. 2140, toll reduced on iron ore ; 1870, p. 2149, " Resolved, that the legislature do concur in the recom- mendation of the canal board, and assent to the reduction of canal tolls to such an extent, not exceeding fifty per cent below the rates as prescribed by the toll sheet of 1852, as the canal board shall, in its discretion, think expedient and as the exigencies of trade shall demand during the ensuing season of navigation, and to change the same from time to time as circum- stances shall, in the judgment of the board, require." 1871, p. 2182, canal board requested to reduce tolls on certain articles , TOLLS. 225 501. (1835, ch. 202, 2.) All property which shall be Toils on transported on the Erie canal, and which shall pass through the inlet, said channel (Cayuga inlet), shall be subjected to the like tolls as are by law provided for property transported on said Erie canal, for one mile in addition to the tolls chargeable on said canal, which tolls shall be collected in the same manner and at the same offices as the tolls on the Seneca and Cayuga canal, and all the laws and regulations relative to the collection of tolls shall apply to this act. 1 502. (1849, ch. 200, 9.) The same rate of tolls shall ^uson hereafter be charged and collected for said (Albany) basin as basin - on the canals of this state, computing the same in all cases as one mile in length, and which shall be considered as forming part of the canal revenues, and not be diverted therefrom, and the said basin shall remain free for canal boats and canal craft, from any charge for wharfage or dockage," and the said basin shall be owned by and remain the property of this state, and be under the care and charge of the canal commissioners. The owners of the said pier shall forever hereafter keep the said pier in good repair, to the satisfaction of the canal com- missioners. 503. (1850, ch. 153, 8 3.) The rates of toll to be paid on Toils on Seneca boats, merchandise, and every description of property trans- river above ported upon said canal or river above said dam (at Baldwins- vine dam. ville, on the Seneca, river), shall be fixed by the canal board, and in determining the rates of toll so to be fixed, said canal board shall adopt and prescribe such rates as shall pay the necessary cost and charges of the superintendence and repairs of such canal and river improvement, and also secure a return to the canal revenues of the state, of not less than five per cent per 1873, February 14th, p. 1389, concurrent resolution in the same form as that of 1870, but adding thereto the words " during the ensuing season of navigation." For toll sheet of 1852, 1859, 1868, 1869, 1870, 1871, 1872 and 1873, see appendix. 1 See also, 1845, ch. 101, and 1847, ch. 251. The act of 1847 provides that in case certain improvements are directed and made in the channel of Cayuga inlet, " that an additional toll equal to the toll on one mile of canal," shall be collected until the appropriation under this act and the interest thereon, be repaid to the general fund from the said additional toll. * " Unless said canal boats shall be actually engaged in receiving or dis- charging cargoes." See Laws 1867, ch. 560, 1, ante, % 356. 29 226 OF THE CANAL BOARD. Seneca river and Bald- win sville canal. Moose river. Beaver river. annum upon the costs of such improvement, and such tolls shall be charged upon so much of said river as shall be made navigable by said dam and canal around the same. 504. (1854, ch. 333.) The Seneca river improvement and Baldwinsville canal are hereby placed under the control of the canal board, and under the same regulations as to tolls, super- intendence and repairs, in all respects, as the other canals of this state. 505. (1864, ch. 174, 2.) The same tolls shall be collected upon all property passing upon the Moose river, as are now collected upon the canals of this state. 506. (1864, ch. 233, 4.) ' The canal board are directed and required to levy and collect the same tolls upon the river hereby to be improved ("the rafting channel of Beaver river"), as are now levied and collected upon the several canals of this state, upon all property and boats passing up and down the same. Mohawk 507. (1867, ch. 621, 1.) The canal board are hereby westTroy. authorized and directed to collect one mile toll on all boats and cargoes, rafts or floats, or other property navigating or using the state basin at "West Troy, known as the Mohawk basin, for the purpose of receiving or discharging cargoes, or for storing in or occupying any portion of said basin north of that point known as the ferry-way or Morrison's foot bridge ; but if the state shall hereafter build or cause to be built any lock or locks between said basin and the present Erie canal, then all boats passing through said basin, to or from said lock or locks, for the purpose of passing in or out of the Erie canal to or from the Hudson river, shall not be subject to the pay- ment of the aforesaid one mile toll. Tolls on Oneida river. 508. (1839, ch. 284, 5.) Such tolls shall be collected on boats and their cargoes, and on passengers navigating the Oneida river, when the same shall have been improved agree- ably to the provisions of this act, as the canal board shall hereafter establish. Toils on 509. (1841, ch. 238, 4.) The tolls collected on the Oneida o \ > o / Lake oanai Oneida Lake canal and feeder, and on boats and property con- and feeder. 1 An act for the improvement of Beaver river. RULES AND REGULATIONS. 227 veyed on that part of the Seneca river along which a towing- path has been constructed by the state, shall constitute a part of the canal fund. 510. (1867, ch. 934, 4.) All boats and freights passing Oneida over the waters of the Oneida lake, to or from any point, except those situate on said lake, shall pay the same toll per mile as is charged on the canals of this state ; but nothing in this act contained shall be taken or held to authorize the imposition of tolls on any other lake of this state. 511. (1840, ch, 358, 2.) The canal board may designate Canal any banking association to receive the deposit of tolls or designate . . where de- Other canal moneys, provided such association shall carry on posits its business in a place convenient for such deposits, and shall made, comply with such terms as may be prescribed by the board, all the provisions of former acts in relation to the deposits of p||e Iff' such moneys in banks, shall extend and apply to such deposits and banking associations. 512. (1859, ch. 346, 26.) The superintendent (" of the Onondaga Salt Springs") shall deposit in each week, to the credit of the treasurer of this state, in such bank or banks as a n ndaga may be designated by the canal board, all the moneys received by him as such superintendent, and on Monday of each week he shall transmit to the comptroller a statement showing the amount of the revenues collected and received by him, and so deposited during the preceding week. RULES AND REGULATIONS. 513. (1835, ch. 21.) All such rules and regulations in TO make relation to the canals, as are now authorized by sections twenty-five, one hundred and forty-eight, one hundred and NOTE Ch. 146 of the Laws of 1856. " An act authorizing the construc- tion of a bridge across the Hudson river, at Albany, contains the follow- ing provisions : " 12. After the said bridge shall have been completed, such tolls and charges may be collected for crossing the same on foot, and with wagons, cars or carriages of any kind, and with horses or other animals, or other- wise, as the directors may from time to time establish, subject to the approval of the canal board ; provided, however, that such tolls shall be so regulated that they shall not yield a net annual revenue to exceed ten per cent upon the amount of such capital stock." * * * The toll-sheet for this bridge was approved by the canal board, March 15, 186(1. 228 OF THE CANAL BOARD. forty-nine and one hundred and eighty-eight, of title nine of chapter nine of the first part of the Kevised Statutes, to be made by the canal commissioners, or the commissioners of the canal fund, may hereafter be made by the canal board, with the like penalties and forfeitures as are now provided in said title. Do . 514. (R. S.j 25.) They shall, from time to time, make such rules and regulations, not inconsistent with the laws of the state, in respect to the size and structure of boats, rafts and other floats, on the waters of the canals, and the weighing and inspecting of boats and their lading, and in respect to all matters connected with the navigation thereof, and impose such forfeitures of money, for the breach of such rules and regulations, as they may judge reasonable ; but no forfeiture so imposed shall, for a single offense, exceed the sum of twenty-five dollars. Commuta- 515. (JR. S., 148 ; amended 1835, ch. 21.) The [canal toils upon board] may, in their discretion, receive from the owners of gers. en " any boat a specified sum by the year, for a license to carry passengers therein, as a commutation for tolls upon passengers. HOW paid. 516. (R. &, 149; amended 1835, oh. 21.) Such commu- tation shall be paid at such time and in such manner as the [canal board] may prescribe, and no statement or affidavit relative to conveying passengers, shall be required from the master of any boat so licensed. Penalties, 517. (R. 8., 188 ; amended 1835, ch. 21, 1848, ch. 162.) covered. All suits for penalties and forfeitures imposed in any article of this title, or for damages, in behalf of the state, shall be prosecuted in the name of the people of this state, by such persons and in such manner as the [canal board] in their regu- lations, shall direct ; and all moneys recovered therein shall be accounted for and paid over to [the treasurer]. Before ^18 (R- S-, 189.) Every such penalty or forfeiture, whom. not exceeding the sum of fifty dollars, may be recovered before any justice of the peace in any county. 519. (R. S.j 71.) The provisions of the twenty-sixth and twenty-seventh sections of this title, shall be construed to embrace all rates of toll, rules and regulations, so fixed and prescribed. KULES AND REGULATIONS. 229 520. (JR. S.j 26.) They shall cause a sufficient number of copies of all such rules and regulations, including the forfeitures for the breach thereof, to be printed, and shall distribute the same to the superintendents of repairs, the col- lectors of tolls and lock-keepers, to be kept in their respective offices for public inspection. 1 521. (E. S., 27; amended 1848, ch. 162.) All rules, regulations and forfeitures, established by them in relation to the management and navigation of the canals, shall be filed in the [canal department] and a copy thereof, certified by the [auditor], under his hand and the seal of his office, shall be received in all courts of law, as due proof that such rules, regulations and forfeitures were by them established. 522. (1870, ch. 656, 1.) The canal board is hereby au- thorized to adopt the " Reim's Champion Boat Scale," in place of the present system of weighing boats and cargoes on the canals of this state, if they are fully satisfied from tests already made, or from such further tests as they shall deem necessary, that the interests of the state will be subserved thereby, and they are hereby empowered to contract with the owners of the " Reim's Champion Boat Scale," for the use of said scale on the various canals of this state. 523. (Same ch., 2.) The state treasurer shall pay on the warrant, of the auditor of the canal department or the comptroller, out of any funds appropriated for canal purposes, the moneys necessary to carry out the first section of this act.* 524. (. S., T2.) The canal board shall have power to remit, either absolutely, or upon such conditions as they shall prescribe, any forfeitures that may be incurred, by a violation 1 Ch. IX, Laws 1827, 2d Session, p. 17, contains the following provision : " 20. The canal board shall make such order for the publication, in a pamphlet form and distribution of title IX, of chapter IX, of the first part of the Revised Statutes, as they shall deem expedient, and the expenses of such publication and distribution shall be charged to the canal fund." 5 For reports, tests, etc., relating to " Reim's Champion Boat Scale and Bilge Water Measure," see canal board proceedings, 1869, pp. 171, 289 and 268 ; 1870, pp. 184, 206 and 209 ; 1871, pp. 48, 87 and 93. As to "Amsden's Hydrostatic Scale," see Laws 1866, ch. 748, p. 1619, and canal board proceedings, 1868, pp. 67, 84, 88 and 209 ; 1869, pp. 145, 209, 239 and 268 ; 1870, p. 206 ; 1871, pp. 48 and 87. 230 OF THE CANAL BOAED. of any of the provisions of this title, or of any of the rules and regulations established by themselves, or the canal commis- sioners. 525. (JR. , 73 ; amended 1848, oh. 162.) No such forfeiture shall, however, be remitted, unless on the petition, in writing, of the party liable thereto, supported by due proof of the facts, upon which the claim for a remission shall be founded, and every such petition, with the accompanying proof, and the order of the board thereon, shall be preserved and filed in the office of the [canal department]. 526. (1837, oh. 451, 5.) The canal board shall have power to modify or reduce any of the penalties imposed by article seven, of chapter nine, title nine of the first part of the Revised Statutes. May remit 527. (1855, ch. 534, 5.) The canal board or the com- Fn certain missioners of the canal fund shall not have power to remit penalties imposed for any commission or attempt to commit a fraud upon the revenues, 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. Repair 528. (1870, ch. 55, I.) 1 All laws and parts of laws system and requiring the letting and keeping the canals in repair by con- contract- ** ing board tract are hereby repealed, and the contracting board is hereby abolished. But the repeal of the said laws shall not, except as otherwise provided by this act, invalidate the contracts hereto- fore made, or discharge any of the contractors from the duties and obligations imposed by such contracts or the said laws, and the right of the said contractors to receive from the state any pecuniary compensation or other relief under said con- tracts shall not be affected thereby. Contract- 8 529. (Same ch., 8 2.) It shall be lawful for any contractor ors ni3,v surrender for repairs of the canals, under a contract heretofore made, to contracts. 1 "An act to abolish the contracting board and the system of repairing the canals by contract." For report as to power conferred on canal board by this act, and relative to settlement of contracts, duties, etc., see canal board proceedings, 1870, p. 187. See note on repair contract system, ante, 170. RULES AND REGULATIONS. 231 surrender to the canal board his said contract ; and the said canal board shall, upon such surrender, accept the same, and from the time of such surrender and acceptance thereof the said contract shall be annulled, and the said contractor shall be dis- charged from all the obligations thereof. 530. (Same ch., 3.) It shall be lawful for the canal Contracts v ' may be board, upon the recommendation of the canal commissioners, canceled, whenever they shall deem it for the interests of the state, to cancel and annul any contract or contracts for repairs of the canals heretofore made, by a resolution to be entered in the minutes of the said board, and upon the entry of such resolu- tion, such contracts as shall be thereby declared canceled and annulled shall be annulled, and the contractors discharged from all obligations to perform the same thereafter. 531. (Same cA., 4.) The contractors who shall sur- contract- render their contracts, or whose contracts shall be canceled receive .. /> i compensa- and annulled by the canal board under the provisions ot this tion or damages, act, shall not be entitled to demand or receive, and shall not except for ' permanent be allowed for any prospective damages or any compensation for prospective or unearned profits, and shall be entitled to tri receive no compensation or damages except as provided by this act. Every contractor, the surrender of whose contract shall be accepted by the canal board, and every contractor whose contract shall be canceled and annulled by the canal board, shall be entitled to receive the money deposited as a secur- ity for the performance of his contract, with the accumulated interest thereon, together with the money earned under such contract, and also for such amount or proportion of work, labor and services under the same for permanent improve- ments not heretofore provided for in this section as shall, in the judgment of the canal board, be equitable and just up to the time of the surrender or canceling and annulling thereof, and a full and fair compensation for the tools, materials and implements necessarily procured for the purpose of perform- ing such contract, and which shall be delivered to the canal commissioner in charge of the division, for the use of the state. 532. (Same cA., 5.) It shall be the duty of the canal gmai board to settle with any contractor for the repair of anv por- adjust ' i amount tc tion of the canals whose contracts shall be surrendered or 232 OF THE CANAL BOARD. canceled under the provisions of this act, and adjust the amount to be paid him in pursuance of the last preceding section, or, according to the terms of the contract, as the contractor may elect. Canal 533. (Same cA., 6.) The canal board shall determine the Determine method or system by which the repairs of the canals shall be repairs, or made, and their management conducted, and fix the rate of poLntpa- compensation to be paid to any and all the officers which etc. said board is now authorized by law to appoint. It shall be lawful for said board to appoint as many patrolmen, and fix the compensation to be paid them, as it shall deem neces- sary, to act as a police along the line of the canals, and whose duty it shall be to compel the observance of the laws and regulations of the canal board relative to the canals. Said patrolmen shall be assigned to such parts of the canals as the commissioner in charge shall direct, and shall be subject to and under the control of the said commissioner, and the officer in charge of the repairs of such portion of the canal, and may be removed by said commissioner and other patrolmen ap- pointed by him in their stead, which removal and appoint- ment shall be reported to the canal board within thirty days, in case said board shall meet within that time or at its next meeting thereafter for action thereon, but nothing herein con- tained shall be construed as authorizing the canal board to enter into any new contracts for keeping the canals in repair. 534. (Same ch., Y.) The canal board shall have power to make such rules and regulations in relation to the canals, and especially to carry out the provisions of this act, as shall be deemed expedient and shall not be inconsistent with law, and to impose the like penalties and forfeitures for a violation of such rules and regulations as are now authorized by law. Nothing in this act shall impair or detract from the power and duties of the canal commissioners in the performance of their duties ; but they shall, upon their respective divisions, which divisions shall not be changed or altered except with the con- sent and approval of the canal board, perform the duties and exercise the powers conferred upon them by law. 1 1 For regulations in regard to patrolmen, see canal board proceedings 1870, p 171, and for resolution declaring it inexpedient to appoint patrol- men for 1871, see proceedings, p. 134, and Regulation No. 78 of this Manual. NEW WORK AND EXTRAORDINARY REPAIRS. 233 ENLARGEMENT, NEW WORK, AND EXTRAORDINARY REPAIRS. 535. (It. S.. 74.) Whenever the canal board shall have Estimates i ^ i ' ^ ^ forrepaire. received irom the canal commissioners, the plan 01 any extra- ordinary repairs or improvements on the canals, and an esti- mate of the expense thereof, if such estimate shall not exceed the sum of thirty thousand dollars, they may direct such repairs or improvements to be made; but if the estimated expense shall exceed that sum, they shall report the plan and estimate, together with their opinion thereon, to the legisla- ture. 1 536. (1847, ch. 259, 1.) Whenever, in the opinion of the Rebuilding ' . . .. , . .. locks, Erie canal commissioners, it becomes necessary to substitute new canal, locks for the old locks on the Erie canal, the commissioners shall cause minute estimates to be made of the cost of rebuild- ing the lock or locks on the old plan, and also the cost of con- structing the same on the enlarged plan, and adapting the work to the enlarged Erie canal ; which estimates shall be submitted to the canal board, and when approved by that board, the canal commissioners shall proceed to construct the lock or locks on the enlarged plan ; and all sums expended by them on such work, over and above the cost of reconstructing the lock or locks on the old plan, shall be paid out of moneys appropriated by this act for the enlargement of the Erie canal ; the balance of the cost thereof shall be charged to ordinary repairs. 537. (Same ok., 2.) The rule established in the preced- ing section, in relation to locks, may be applied to all struc- tures on the Erie canal ; whenever, in the opinion of the canal board, the interests of the state, in reference to the enlarge- ment and improvement of the Erie canal, renders such works necessary : provided that the commissioners of the canal fund have in their hands moneys appropriated by the legislature sufficient to pay the additional expense, beyond the sum which would be required for the ordinary repairs, in building the structures on the original plan. 538. (1847, ch. 278, 13.) All work connected with the enlargement and improvement of the Erie canal, done under 1 Query : Is this section now in force ? See Const. Art. VII, 10, relating to power of the state to contract debts. Ch. 298 of 1864 seems to allude to this section. 30 234 OF THE CANAL BOARD. contracts made by the canal commissioners shall be kept dis- tinct as far as practicable from the ordinary repairs of the canal by superintendents. The regulations of the canal board made in compliance with the provisions of the preceding sec- tions of this act shall apply to all proceedings of the canal commissioners and engineers in giving notice and receiving propositions in relation to any of the public works. 1 NO extra 539. (1840, ch. 348, 1.) The canal board shall not have allowance ' to con- the power to make extra allowances to contractors on any of tractors. . the public works of this state, whose contracts shall be entered But may into after the passage of this act, but the said canal board is cancel r ' contracts, hereby authorized to cancel such contracts on the application of the parties thereto, for good cause shown, and to direct the canal commissioners to settle for the work done under the same, and relative prices according to the terms and conditions thereof, and the canal commissioners may immediately there- after proceed to relet such work according to law.* May not cancel con- tracts for enlarge- ment and comple- tion or repairs. 540. (1859, ch. 495, 1.) The canal board shall not have power to cancel any contract entered into for the enlargement and completion of the canals of this state, unless upon appli- cation of the contractor or contractors in cases where the state has failed to make payment according to the contract ; nor shall the said board have power to cancel any contract entered into, pursuant to the laws of this state, to keep in repair any completed or uncompleted portions of the canals of this state; and neither the said canal board nor the canal commissioners, or either of them, shall have power to make any allowance to contractors, under contracts for keeping said canals in repair, beyond the sums stipulated to be paid by such contracts ; and no abatement or allowance shall be made to any contractor of repairs, from the sum agreed to be paid by him to the state, for the boats, tolls, implements and materials embraced in the inventory exhibited at the letting, and attached to the contract for repairs.* 1 As to the powers since conferred on the canal commissioners to prescribe regulations as to lettings for new work and extraordinary repairs, see 1871, ch. 930, and 1872, ch. 850, in art. 2, ante, 299. 2 Sections 76, 77 and 78 R. S., relating to extra allowances, in certain cases, proof required, etc., etc., are repealed by this section. 8 It has been held by the canal board that this section relates to enlarge- ment and repair contracts only, and that the canal board has power to NEW WORK AND EXTRAOEDINARY REPAIRS. 235 541. (1862, ch. 169, 1.) All contracts for the enlarge- contracts ment and completion of the canals of this state, as contem- pietion 1 ' i i> ' / and en- plated by section three of article seven of the constitution, largement not to be and not hereinafter provided for, shall be executed and per- changed, formed in accordance with the plans, maps and specifications heretofore prescribed and adopted on or before the first day of September next after the passage of this act, and the ac- counts for the said enlargement and completion shall be closed as soon thereafter as may be, and no more work shall there- after be done, or materials procured, under pretense of enlarg- ing and completing said canals, and the same shall be deemed and considered finished and completed, and from that time all the powers and authority of the contracting board in relation to the enlargement, completion and construction of such canal shall cease. 542. (Same ck., 2.) After the passage of this act the canal canal board shall not have power to change the plan of finish- h?b\ted prc ing and completing the work of enlarging and completing changing said canals as heretofore fixed and determined by the resolu- compiet- tions of said board ; nor shall the said board have the power to change the plan of construction of a completed canal, its banks, locks, waste-weirs, culverts, bridges, or any other struc- ture or matter or thing connected therewith, except to allow and certify to such works of extraordinary repairs and im- provements in a completed canal as is contemplated by the existing statutes of the state. S 543. (1866, ch. 836, 9.) It shall be the dutv of the Contract- t/ ors to nay canal board to cause to be inserted in all contracts for work or damaged in . . certain repairs on the canals, a clause requiring the contractor to pav cases. cancel contracts for new work or extraordinary repairs, under ch. 348 of 1849. See canal board proceedings, for 1869, pages 210 and 290, and 1872, page 124. The report adopted August 6, 1872, contains the following construction of the statutes : " Act chapter 848, 1, Laws of 1849, gives the board such power ; act chapter 495, Laws of 1859, 1, does not repeal it, because that law relates to contracts for the enlargement of the Erie canal, and to repair contracts, and act chapter 169, Laws of 1862, 1, and act chapter 55, Laws of 1870, 1, repealed all there is of 1, chapter 495, Laws of 1859, and leave the law of 1849 operative only." As to abandonment of contracts on Chenango extension, see opinions attorney-general, Sept. 4th and Oct. 10th, 1867. 236 OF THE CANAL BOARD. all damages arising to the state, or to any individual, by reason of the negligence, default or misconduct of such contractor in the performance of such contract. PROCEEDINGS, APPEALS, ETC. Swearing 544. (1829, ch. 368, 9.) Any member of the canal board * 8B * is hereby authorized to administer oaths to witnesses on all matters which may be examined before said board ; and will- ful false swearing before said board is hereby declared to be perjury. Canal 545. (Same ch., 10.) The canal board may require the require* 7 attendance of witnesses before them on the part of the state, to attend, if, in their opinion, the interests of the state require it ; and for that purpose they may issue subpcenas, to be signed by their president for the time being, which shall be served by any sheriff or constable by said board thereunto required ; and every person duly subposnaed to attend before said board who shall willfully neglect to obey such subpoena, shall forfeit fifty dollars, to be recovered with costs of suit, before any court having cognizance thereof. Expenses. 546. (Same ch., 11.) The canal board may allow and direct the canal commissioners, or commissioners of the canal fund, to pay to any officer such board may require to serve subposnas, or to witnesses attending in pursuance of such sub- poena, such sum as they may deem just and reasonable for such service or attendance. Three may 547. (1841, ch. 160, 4.) Any three members of the mony. e8tl " canal board, designated by the said board, shall be competent to take and reduce to writing any testimony offered to the board in relation to claims for extra allowances to any con- tractor. Assent of 548. (1854, ch. 332, 1.) The assent of five members of bereThen the canal board shall be requisite to the adoption of all ques- lry ' tions or resolutions involving the expenditure or appropria- tions of the public moneys, and all such questions or resolu- tions shall be taken by ayes and noes, and entered upon the minutes. Minutes to 549. (Same cfi., 2.) It shall be the duty of the secretary of the canal board, to cause to be published, in the state daily PROCEEDINGS, APPEALS, ETC. 237 paper at Albany, the minutes of said board as soon as may be after each session. 550. (Same ch. , 8.) Any person guilty of false swearing Perjury, to any oath or affidavit which may be lawfully required by any rules and regulations of the canal board, canal commissioners or auditor, shall be deemed guilty of perjury, and on convic- tion be punished the same as in other cases of perjury. 551. (1829, ch. 368, 6.) The appraisers shall make return Return to HDD 6 ell 1) V ; in writing, to every appeal so served on them, setting forth a appraisers copy of the claim for damages ; a transcript of the evidence, if any ; the items on which allowances were made, and the several amounts ; the items, if any, on which no allowance was made ; and the reasons and grounds on which their decis- ion is made. 552. (Same ch.* 7.) It shall be the duty of the canal Duty of canal board to meet, from time to time, and decide on all cases of board on appeals. appeals made from the decisions of the appraisers ; and if, in their opinion, the interest of the state requires it, they shall direct the attendance of the appraisers, or either of them, to give evidence in relation to the subject-matter of the appeal; they shall decide all cases of appeal on the evidence or infor- mation contained in the transcript furnished by the appraisers, and the evidence of the appraisers, if any is obtained. 553. (1840, ch. 201.) The canal board are hereby author- Rehearing . , . . T maybe ized to grant a rehearing, in any case they now are, or may granted, hereafter be, authorized to adjudicate, whenever, in their judg- ment, the justice of the case may require it ; but no party shall be entitled to but one rehearing, and the adjudication upon such rehearing shall be final and conclusive ; but no such rehearing shall be granted, unless application in writing shall be made therefor, within sixty days after such case shall have been adjudicated by the said board. S 554. (1849, ch... 352. 4 ; amended 1866, ch. 836, 8.) Provision rcltitin ' Whenever the canal board shall, upon the hearing of any ap- to reversal peal from the award of the canal appraisers, reverse or modify of ap- such award, they shall state on the resolution or order relating &N.Y.583. to said appeal, the grounds of such reversal or modification, and how much, if any, such award is increased or diminished and a copy of such resolution or order shall be immediately 238 OF THE CANAL BOARD. filed with the canal appraisers, and also a copy of every reso- lution of affirmance. The canal board shall also have power to order a rehearing before the canal apprasers, in the nature of a new trial before the canal appraisers. 1 Surplus 555- (R. /&, 75.) Whenever, in the opinion of the board, any water may be spared from any state canal, or works con- nected therewith, without injury to the navigation or safety of such canal, and the persons entitled to the first privilege of taking such water, shall not avail themselves thereof, or there shall be no person so entitled, the board may order a sale of such surplus water, for a term of years, in their discretion, to the person who shall bid the highest annual rent therefor. 8 APPROPRIATION AND SALE OF LANDS. Land 556. (1849, ch. 352, 1.) "Whenever any tract or parcel surveyed Q of land shall be divided by the location or enlargement of a ' any of the canals of this state, and the canal board shall be of opinion, that it is necessary for the public use, to take and appropriate either portion of such land, the canal commis- sioners shall cause a survey and map of such portion of such land to be filed in the office of the clerk of the county where such land is situated, and thereupon, the title to such portion of land shall vest in the state in the same manner as other land taken by the state for the construction of the canal. 557. (Same ch., 2.) The owner of any land taken by the state as provided in the last section, shall be entitled to compensation and damages for the lands so taken, to be ascer- tained and appraised in the same manner as for lands taken and appropriated for the construction of the canal. Lands 558. (Same ch., 3.) Whenever the canal board shall, by canals may resolution determine that any lands taken for the purposes of be sold. , -I i -, ,. . -n the canal, may be sold beneficially to the state, the commis- sioners of the land office may sell, grant and convey the right, title and interest of the state in such lands, and the proceeds of such sale shall be credited to the fund appropriated for the construction of the canal for which such lands were taken. 1 As to new trials under special acts, see 1868, ch. 579, and canal board proceedings, 1872, page 192, ante, 465. * For proceedings under this section, see Art. 5 of this chapter, post, % 589 APPROPRIATION AND SALE OF LANDS. 239 559, (1857, eh. 267, 1.) Whenever the canal board shall saieof by resolution determine that any lands taken for the purposes title to n of the canals of this state have been abandoned, and that the where title of the state to said lands was acquired by purchase from have been the owner or owners, it shall and may be lawful for the com- doned. missioners of the land office to sell, grant and convey the right, title and interest of the state in such lands, and credit the proceeds of such sale to the fund appropriated for the con- struction of the canal enlargement, improvement and repairs of the same ; and in case it shall appear that the title of the state to said lands was acquired by grant or otherwise from the owner or owners, and without the payment of any sum or sums whatever by the state for such lands, it shall and may be lawful for the commissioners of the land office to release all the right, title and interest of the state in and to such lands to the persons so granting the said lands to the state, or from whom the title was acquired by the state, to his or their heirs, grantees or assigns, upon and subject to such rules, regula- tions and requirements as may be deemed for the interest of the state : Provided, that where any of such lands shall, at Rules and regula- the time of abandonment, be used as or for a hydraulic canal, tions. the conveyance shall not in any respect prevent the future use of the land for the same purpose, but shall expressly reserve the right to continue such hydraulic canal. 1 560. (Same ch., 2.) The original owner or owners of original said abandoned canals, their heirs or assigns, who may be the have pref owners of the lands adjoining thereto, shall have the prefer- ence for one year subsequent to the passage of said resolution by the canal board, to purchase the same by payment to the commissioners of the land office of the amount originally paid by the state for said lands. 561. (1869, ch. 361, 1.) The act entitled "An act in relation to abandoned canals," passed April sixth, eighteen hundred and fifty-seven, being chapter two hundred and sixty- seven of said laws, shall apply, and is hereby declared to extend to cases in which the land at the time taken for canal purposes was owned by the state, but with the adjoining lands were subsequently conveyed by the state without any express 1 For rules and directions to applicants for grants of abandoned canal lands, see chap. IX, title 5, " Of the public land*," etc., ante, 200. 240 OF WATER PRIVILEGES. reservation of the portion covered by the canal, so that under the said law the grantees of the state, their heirs and assigns, shall stand in the same position with respect to abandoned canals, as the like representatives of individuals hold and enjoy, provided they shall pay therefor such sum or sums as the commissioners of the land office shall deem just and equitable. 562. (Same ch., 2.) Nothing herein contained shall be considered as applying to any abandoned canal heretofore sold and conveyed by the state ; nor to any dry docks built by permission of the state within the canal blue lines in the city of Oswego. ARTICLE V. OF WATER PRIVILEGES, AND THE SALE OF SURPLUS WATERS. SECTION 580. Canal commissioners to agree with owners of hydraulic privi- leges for surplus waters. 581. When surplus waters are created by constructing dams, etc., persons owning works contiguous thereto, may use such waters, upon complying with certain conditions. 582. Value of such waters to be estimated by appraisers. 583. If such owners refuse to comply with conditions, not to have use of waters. 584. Commissioners may resume use of waters when necessary. 585. Rights of owners of hydraulic privileges not to be affected until damages are paid. 586. Canal commissioners to settle with lessees of surplus waters for waters resumed. 587. Owners of hydraulic works, in certain cases, entitled to sur- plus waters. 588. Canal board may order sale of surplus waters for a term of years. 589. Owners of lands over which surplus water flows and adjoin- ing dams, entitled to surplus water. 590. Value, how ascertained ; value of former use of water, how ascertained, and when to be paid. 591. How right of such owners to surplus water may be waived or forfeited. 592. Qualifications of preceding sections ; not compulsory to close raceways or gates. Sale of surplus waters not to be made in certain cases. 593. Manner and terms of sale of surplus waters. 594. Canal board to revoke former leases in certain cases. 595. When partial resumption of waters, purchaser entitled to what is not resumed. 596. Where stoiu- walls should be made and the manner of erecting. OF WATER PRIVILEGES AND SURPLUS WATERS. 241 SECTION 597. Waste-gates, sluice, slide, etc., when and whf- :e to be erected. 598. Penalty for injuring or lowering stone walls. 599. Persons owning water privileges, to discharge waters as directed by commissioner. 600. Penalties for drawing water from the canals without authority. 601. Sluices around locks. Waters not to be used for hydraulic purposes without authority of law. 602. Surplus waters on Oswego river, how to be used. 603. Water not to be drawn on to the Syracuse level, except as herein specified. Penalties. 604. Commissioners, or party grieved, may bring writ of error from decision of supreme court, in relation to water privi- leges. 605. Duty of clerk of supreme court, on being served with writ of error. 606. Canal commissioners authorized to prescribe manner of erec- tion of piers, warehouses, etc., in Black Rock harbor ; pro- viso. 607. Condition on which such erections shall be made. 608. Grants to erect warehouses, mills, or buildings, and to use water, to adjoining owners. Exception. 609. Lease to be executed. Copies, where filed. 610. Plans and dimensions of said erections to be approved by commissioners. 611. Resolution of April 25, 1831, not to be impaired. 612. Proceedings on non-payment of rent on leases at Black Rock harbor. 613. Action of canal board confirmed. OF WATER PRIVILEGES AOT) SURPLUS WATERS. 580. (R. S.) 79.) "Whenever it shall become necessary Agree- to secure to any state canal an additional supply of water, the spectmg i .. 'it ft use ' canal commissioners may agree with the propnetors of hy- water . ., jr t i privileges. draulic privileges, anected by their proceedings, relative to the use of the water privileges to be created, and of the sur- plus water, in such manner as they shall deem most beneficial to the state. 581. (7?. /SI, 80.) "Whenever the canal commissioners whoen- _ titled to, shall construct a dam across any river or creek, to raise a head in certain _e i> i t t i cases and of water for the use of a canal, by means whereof any works condi- ' J J tions. adjacent to such river or creek, in which water power is employed, before such time legally used, may be benefited without prejudice to the canal, the owner of such works, for their benefit, shall be entitled to the use of the surplus water, Upon his complying with the following conditions : 1. lie shall construct, under the direction of the canal com- missioners, a good and substantial race-way and gate in such 31 242 OF WATER PRIVILEGES. dam, to draw off as much of the surplus water as his works may require. 2. He shall give such security to the people of this state as the canal commissioners shall deem sufficient, to keep such gate and race-way in complete repair, so as to prevent any waste of water. 3. He shall, within ninety days after such race-way and gate shall be completed, apply to the canal appraisers, and request them to ascertain the benefits accruing to him from the use of such dam or other erection. 4. Within ninety days after such benefits shall have been so ascertained, he shall pay the sum at which they shall be estimated into the treasury. Appraisal. 582. (R. /SI, 81.) It shall be the duty of the canal ap- praisers, when so required, to make a fair estimate of the benefits so accruing to such owner, and to make a return thereof, without delay, to the treasurer of the state. Duty of 583. (R. S., 82.) If the conditions, as above specified, ara ' shall not be fulfilled by such owner, it shall be the duty of the acting canal commissioner, to close any race-way or gate such owner may have constructed ; nor shall the owner again open the same, or any other in the same dam, unless upon the per- formance of the conditions so imposed. when to 584. (R. /&, 83.) The canal commissioners may resume sumed. the privileges so granted, whenever, in their judgment, the surplus water, or a portion thereof, shall become necessary for the use of the canal ; but whenever such privileges shall be so resumed, the sum paid into the treasury therefor shall be refunded. Construe- 585. (R. S., 84r.) Nothing in this article contained, thisar- shall be construed to deprive the owner of hydraulic privi- leges, of any rights possessed by him, prior to any grant from the state under this article, unless his damages from the loss of such rights, shall be duly assessed and paid. Damages 586. (1838, ch. 289.) The canal commissioners are hereby settfed. authorized to settle with all persons claiming damage on account of any surplus waters of the canals of this state being resumed by the commissioners for the use of the canals, or for other purposes, or on account of not being allowed in whole OF WATER PRIVILEGES AND SURPLUS WATERS. 24-3 or in part of any surplus waters sold and leased to such claim- ants ; and on canceling such leases and claims, to pay to the claimant out of the canal fund, such sum of money as may be mutually agreed on between them. 587. (R. /&, 85.) In all cases where water or mill Preference privileges, before legally used, have been or shall be injured of water? by reason of the diversion of the water to the use of either of the canals, the persons so injured shall be entitled to the first privilege of taking water for the use of their works, on the terms and conditions above specified, from any work con- structed for the purpose of such diversion, or from the canal itself benefited thereby, when there is a surplus of water, and with the consent of the canal commissioners. 588. (R. /SI, 75.) Whenever in the opinion of the Lease of \canal\ board, any water may be spared from any state canal water, or works connected therewith, without injury to the navigation or safety of such canal, and the persons entitled to the first privilege of taking such water, shall not avail themselves thereof, or there shall be no persons so entitled, the board may order a sale of such surplus water, for a term of years, in their discretion, to the person who shall bid the highest annual rent therefor. 589. (R. /S., 86.) Whenever the canal board shall order who en- , . titled to a sale ot surplus waters, pursuant to the provisions 01 the surplus waters. seventy-fifth section of this title, to the use of which no person shall be first entitled as the owner of works before such time legally used, according to the preceding eightieth section, the owners of the land upon which such surplus waters shall flow, and the owner of land adjoining any dam erected by the canal commissioners, by which surplus water shall be created, shall be entitled to the first privilege of taking such waters, subject to the provisions of this article so far as the same may be applicable ; and the canal commissioners shall have the same powers in relation to all such surplus waters, as are herein given in respect to surplus water by which hydraulic privileges are benefited. 590. (R. S., 87.) Whenever the owner of any land over value, which sui-plus water shall flow, or the owner of land adjoining tained. any dam by which surplus water shall be created, entitled according to the last section, to the use of such water, shall 244 OF WATER PRIVILEGES. apply for a lease of the same, the canal commissioners shall direct the canal appraisers to estimate the value of the use of value of such water ; and the said appraisers shall include in such esti- use. mate, the value of any use of such water, which such owner may have had previous to obtaining a lease therefor; and within ninety days' after such appraisal shall have been made, and notice thereof given to such owner, he shall pay the amount of the value of such previous use, into the treasury. HOW right 591. (R. /&. 88.) If any owner of land over which such waived or forfeited, surplus water shall flow, or if any owner of land adjoining any dam by which surplus water shall be created, shall omit for three months after being notified by the acting canal commis- sioner to that effect, to apply for a lease of such water, or shall neglect to comply with any of the provisions of this article, the canal board shall order a sale of such surplus water. Qualifies- 592. (R. /, 89.) But in cases, where in the opinion of preceding the acting canal commissioner, it would be inexpedient to torace- s a close any race-way or gate, it shall not be compulsory on him to do so ; and where, in the opinion of the canal board, a lease of surplus waters, will not confer on the lessee, any right or authority to use the same without the consent of the owner of the land over which such surplus water shall flow, they shall not authorize the letting of the same, without evidence, that the consent of such owner has been given to such use. 1 Proceed- 593. (R. /, 90.) Whenever a sale of surplus water safe o?; shall have been directed by the canal board, the acting canal commissioner within whose line such water shall fall, shall proceed to sell and convey such surplus water in the manner following : 1. Each privilege of using such water shall be sold sep- arately, at public auction, to the person bidding the highest annual rent therefor. 2. The place of sale shall be in the vicinity of the place where the water may be most, conveniently used. 3. A notice, stating the time and place of the sale, and describing the waters to be sold, shall be published twice in each week, for six weeks in succession, immediately preced- ing the sale, in the state paper, and once in each week for the 1 Laws of 1828, cli. 317, made part of R. S. by 6, p. 438. OF WATER PRIVILEGES AND SURPLUS WATERS. 245 same time, in each of the newspapers printed in the county where the water is to be sold. 4. A lease for such a term of years as shall have been directed by the canal board, shall be executed by the com- missioners, in the name of the people of this state, to the pur- chaser, and in such conveyance, the rent bid by such purchaser shall be reserved. 5. The conveyance shall contain a covenant, that the rent thereir reserved, shall be paid annually to the commissioners of the canal fund, and a condition, that if such rent shall re- main unpaid for one year after it shall become due, the grant or lease shall become forfeited to the state. 6. The conveyance shall also contain a reservation of the right, wholly to resume the water so conveyed, and the privi- leges thereby granted, and to control and limit the use of such water and privileges, whenever, in the opinion of the canal board, or of the legislature, the necessary supply of water for the use of any state canal, or the safety of such canal, or works connected therewith, shall render such resumption, con- trol or limitation necessary ; and a provision that where such resumption is made, or control or limitation imposed, no com- pensation or damages shall be allowed for any improvements or erections made in consequence of such grant or lease. 7. The conveyance shall contain a further reservation of the right of the state, without making any compensation to the purchaser, wholly to abandon or destroy the work, by the con- struction of which, such surplus waters shall have been created, whenever in the opinion of the canal commissioners, the occu- pation and use of such work shall cease to be advantageous to the state. 8. A duplicate of such conveyance, under the hand and seal of the purchaser, shall be executed and delivered by him to the acting canal commissioner, who shall, without delay, procure the same to be recorded in the clerk's office of the county, in which the water sold shall be situated, and shall transmit it, when recorded, to the commissioners of the canal fund. ' 9. All the expenses attending the execution of the convey- ances, and the recording thereof, shall be paid by the pur- chaser. 1 1 For list of leases and grants of surplus waters, at Black Rock, Lock- port, Syracuse, West Troy, Waterford, Glen Falls, and other points on 246 OF WATER PRIVILEGES. canal 594. (R. S., 91 ; modified 1848, oh. 162.) When the canal when 'to * board shall be satisfied that any lease of surplus waters granted revoke . * former by the canal commissioners, or either ot them, betore the twenty- first day of April, one thousand eight hundred and twenty- eight, is invalid, or conveys no right to use such waters, and may expose the state to claims for remuneration, they may re- voke and annul such lease, and may direct the repayment to such lessee, of any moneys received on such lease, with inter- est from the time of such payment ; which shall be paid ac- cordingly, on the warrant of the [auditor], from the canal fund. 1 Right of 595. (R. S., 92.) "Where there shall be a partial resump- on're- 88 ' ' tion only of the waters so sold, the purchaser shall be entitled to the use of the remaining water privileges for the residue of his term, on the payment of such reduced rent as shall be fixed by the canal board ; but if he shall refuse to accept thereof, at the rent so reduced, the privileges so remaining, shall be again sold by the canal commissioners, under the direction of the canal board. waiistobe 596. (R. S., 93.) At every place where waters are to be taken from any state canal, or work connected therewith, for hydraulic purposes, except at Black Rock, at the mouth of Ton- newanta creek, and at the locks at Lockport, and except where such waters are taken from a dam across a .stream which is used as a feeder, or from a feeder not navigable, the canal commis- sioners shall construct a permanent wall or erection of stone laid in mortar, and cemented, of sufficient thickness to insure the safety of the canal, and such wall shall not in any case be more than six inches lower than the top-water line of the canal. NO waste- 597. (/?. S.. 94.) ~No waste-gate, sluice, slide, water-gate gates, etc., ' , / . . fn them, or other passage, shall be made in connection with any wall or the canals of this state, with statements of the quantity of water leased or granted, the amount used, audits effect upon navigation, and for copies of laws, leases and grants relating thereto, see report of Hon. T. GK Young- love and others, a special committee appointed by the legislature of 1869, " to examine into the leases and uses of the surplus waters of the state canals." Assembly Documents, 1870, Vol. 7, No. 139. See also, canal board proceedings, 1871, p. 82, and Laws 1868, ch. 451. 1 As to use of water at Waterford mills, see canal board proceedings March 21st, 1865 ; Oswego cases, 1870, p. 48. For damages, for diversion of surplus waters at Lockport, from 1838 tc 1859, see Laws of 1860, ch. 414. OF WATER PRIVILEGES AND SURPLUS WATERS. 247 erection over which water is to be drawn, in such a manner that the same can be opened, or that water can be drawn by, through or under the same, to the use of any mill or machinery, using water from the canal, except at the four places above excepted. 598. (R. S.j 95.) Any person who shall willfully make, Penalties. or cause to be made, any breach, hole or passage in, through or under any such wall or erection, or who shall lower the same, or cause it to be done, for the purpose of drawing water to any mill or machinery, or the effect of which shall be to lower the water in the canal, shall be deemed guilty of a mis- demeanor, punishable by fine or imprisonment ; the fine for each offense not to exceed two hundred and fifty dollars, nor the imprisonment six months. 599. (-K. <&, 96.) Every person now owning any water privilege upon either of the canals, or hereafter purchasing any char e ed - such privilege of the state, shall discharge the waters owned by him at such place or places, as the canal commissioners shall direct, whenever the navigation or safety of the canal, or any of its works, shall be benefited by such direction. 600. (1860, ch. 213.) Any person or persons who shall draw water from any canal in this state, or from any of their feeders or reservoirs, during the navigable seasons of the canajs - canals, to the detriment or injury of the navigation thereof, with- out authority of law, shall be deemed guilty of a misdemeanor, punishable by imprisonment in the county jail not less than one year, and by fine not less than one thousand dollars, one-half of which shall belong to the complainant, and the other half to the canal fund ; and every officer, agent and employee of the state, and every contractor for canal repairs, and every contractor for canal repairs, and every person in his employ, and every and any other person having any charge or control over the canals of the state, or any part thereof, or of any lock, waste-weir, or other work belonging thereto, or over the water or navigation thereof, who shall directly or indirectly receive or agree to receive any money or other valuable thing, and every person who shall pay or deliver, or offer or promise to pay or deliver, directly or indirectly, to any such officer, agent or employee of the state, or to any such contractor for canal repairs, or any person in the employ of such contractor, 248 OF WATER PRIVILEGES. Waste- weirs and races, etc. or to any other person having any charge or control over the canals of the state, or the locks, waste-weirs or works, or the water or the navigation thereof as aforesaid, any money or other valuable thing in consideration of or as an inducement for drawing water from any canal, feeder or reservoir belong- ing to the state ; to-propel any machinery, or for any hydraulic or other purposes, or from one level to another in any canal in order that such water may be so discharged, shall be deemed guilty of a misdemeanor ; and, on conviction thereof, shall be punished in the same manner and to the same extent as is here- tofore provided in this section for like offenses. 601. (1834, ch. 312, 2.) The said commissioners are authorized to construct all such waste-weirs and races or water ways, as they shall deem necessary and proper, to conduct the waters designed for the use of any of the state canals around any lock or locks therein : but they shall not permit the water passing around any lock from one level of the canal to another, to be used for hydraulic purposes, except the same be taken and used under or by virtue of a grant or lease thereof author- ized by law. 1 602. (1839, ch. 316, 1.) The canal commissioners are hereby authorized to permit the surplus water flowing over any of the dams on the Oswego river, to be used for hydraulic purposes, by the owners of the lands, over or upon which such waters may flow, under such regulations and restrictions as they may impose, and subject to be resumed, in whole or in part, whenever they shall think proper, without any right of the persons receiving such permissions to claim any damages or compensation for such resumption ; but such permission shall not be given to use any water on the levels of the said canal, nor the water at the dam nearest the village of Oswego. water not 603. (1861, ch. 124, 5.) It shall not be lawful for any per- drawn on son or persons to draw water on to the Syracuse level, from any other level of the Erie canal, during canal navigation, except what is necessary in lockage of boats, the filling of the 1 This section is from the first law for doubling the locks and adapting the canal to the use of the double locks from Albany to Syracuse. The latter clause seems to be still in force. 1868, ch. 451, provides for leasing waters at the Fort Edward lock, under certain conditions and restrictions. As to surplus waters on the Glen Falls feeder, and at Arcadia on the Erie canal, see Laws of 1848. Surplus waters, Oswego river. OF WATER PRIVILEGES AND SURPLUS WATERS. 249 level iu the spring, and in case of breaks thereafter except by the special direction of the canal commissioners or the state engineer and surveyor, and then only when the level, from which such water is drawn, contains at least seven feet in depth of water. Any person or persons who shall draw or use Penalty, water in violation of the provisions of this section, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment for each offense ; the fine not to be less than five hundred dollars or exceeding one thousand dollars, and the imprisonment not to exceed two years in the county jail ; one- half of the fine to belong to the complainant, and the other half to the canal fund. 604. (E. , 97.) The canal commissioners, or the party aggrieved, may bring a writ of error from any decision of the supreme court hereafter to be made, touching any claim made against the state, for deprivation of any right, or pretended NOTE. West Troy Arsenal 1830, ch. 322, cedes the jurisdiction of cer- tain lands in the town of Watervliet to the United States, " but always excepting and reserving out of the lands above described, the land occu- pied by the Erie canal, one rod on each side thereof, and also the public highway." Another grant made in 1833, ch. 96, reserves out of the lands described " one rod in width along the west side of the Erie canal." Under a concurrent resolution, 1831, page 438, the canal board, April 16, 1833, made with the United States authorities, an agreement for the use of water from the Erie canal, for the arsenal at West Troy. See Assembly Doc., 1869, vol. 10, No. 185, and Senate Doc., 1870, vol. 7, No. 139. The consideration for this permission to use water was the construction and maintenance of the canal walls and bridges by the United States within the arsenal grounds. The permission was in the following terms : " Resolved, That the said commandant be and is hereby permitted to close the present waste-weir near the arsenal at Watervliet, and draw from the Erie canal, at or near the place where the said waste-weir is located, as much water as can 'be drawn over a waste-weir, which shall not be less than three and a half feet above the bottom of the canal, and six feet long, so far as the water therefrom may be taken without injury to the navigation and trans- portation on said canal, and on the limitations and conditions provided for in the canal law, Revised Statutes, part 1, chapter 9, title 9, article 5, section 90, Nos. 6 and 7, and on the further condition that he construct, at the expense of the United States, under the direction of the canal commissioner on that section of the canal, a waste-weir twenty feet long, and construct and forever maintain, at the expense of the United States, a race from the said waste-weir over the lands of the United States to the Hudson river." At this time the depth of the water in the canal was four feet. Since the adoption of the above resolution, the state has enlarged the canal, by which a depth of seven feet of water has been obtained. 32 250 OF WATER PRIVILEGES. Proceed - Ings. right, to the use of any water or water privileges, or fisheries, in consequence of the construction of any canal or feeder, now or hereafter to be made, whether the decision be made upon any case arising upon a mandamus or otherwise ; and although no pleadings were had or issue joined in the cause. 605. (R. S., '98; modified 1847, ch. 280, 8.) On service of such writ of error it shall be the duty of the clerk of the supreme court, to make out a transcript of the record, or papers and documents, on which such decision was had, and to cause the same to be filed with the clerk of the [court of appeals] in twenty days after service of the writ. piers and 606. (1836, ch. 384, 1.) The acting canal commissioners houses at are hereby authorized and directed, if in their opinion the Rock bar- public interest shall not be injured thereby, to prescribe the manner in which, and the places where, the owners of lands adjoining the Black Rock harbor, may build piers and ware- houses, or make other erections, in or on said harbor, for the accommodation of lake vessels: Provided, that such piers, warehouses and other erections, shall be so made as not to interrupt the canal navigation through said harbor, nor other- wise interfere with the proper use of the waters of said har- bor for public purposes. 1 Condition. 607. (Same cA., 2.) The authority hereby given, is on condition that if said piers, warehouses and other erections shall hereafter be found incompatible with the public interest, the same shall be removed when required by the legislature. Rights may be granted to erect buildings, etc., on dams and use the water. 608. (1840, ch. 292, 1.) Whenever the canal commis- sioners shall construct, and in every case where they have heretofore constructed any dam, pier, mole or other work in any canal, lake, river or other body of water, the canal board is hereby authorized and empowered to grant permission to such extent and on such terms, conditions and stipulations as said board may deem proper, to any person to erect on such dam, pier, mole or other work, any warehouse, mill or other building, suited and intended to be used for commercial or manufacturing purposes, or for any purpose incidental and auxiliary thereto, and to use such amount of water power cre- ated by such dam, pier, mole or other work, as may in the 1 For previous legislation, see 1825, ch. 277, 8 ; 1826, ch. 314, 24. OF WATER PRIVILEGES AND SURPLUS WATERS. 251 opinion of the canal board be so erected and used without injury to such dam, pier, mole or other work, and without detriment or obstruction to the public use thereof, or to the navigation of such canal, lake, river or other body of water therewith connected ; but such permission as aforesaid, shall not be granted in any case other than the pier in the Niagara river at Black Rock, to any person who is not the owner of the land over which the water to be used flows, or the owner of the land adjoining the river or other stream of water at the place where any such dam, mole or other work is or shall be erected. 609. (Same ch., 2 ; modified 1848, oh. 162.) Whenever orders to the canal board shall grant any permission under this act, such anden- 6 permission shall be expressed by a resolution of said board the e mii entered at full length on its minutes, and including all such fufnength. terms, conditions and stipulations as the board may deem expedient, and such permission shall be executed by a written Lease, lease, in duplicate, to be signed by the [auditor] in the name of the people of the state of New York, and by the lessee on the other part, and one duplicate of such lease shall be depos- ited in the canal room for the use of the canal board, and the other duplicate shall be delivered to the lessee ; and a copy thereof, or of the resolution aforesaid, certified by the clerk of the canal board, shall in all cases be evidence equally and in the same manner as the original. 610. (Same oh., 3.) Every building erected by the Buildings permission of the canal board under this act, shall be erected on how r to a be such part of any dam, pier, mole or other work, and shall be ed. constructed on such plan, and shall not exceed such dimensions as may receive the approval and consent of the board of canal commissioners, and be by them specified in a written resolution, to be entered at full length in the minutes of that board, and a copy of such resolution certified by the secretary of said board with the written assent of the lessee thereto annexed, shall be delivered by the said secretary to the clerk of the canal board, to be deposited in the canal room before the delivery of the lease mentioned in the preceding section. A copy of such resolution of the board of canal commissioners, certified by the secretary thereof, shall in all cases be evidence equally and in the same manner as the original. 252 OF WATER PRIVILEGES. Limita- tion. Proceed- ings in case of non-pay- ment of rent. 611. (Same ch., 4.) This act shall not impair the restriction as to leasing surplus waters, made by joint resolu- tion of the senate and assembly, passed April 25, 1831. 1 612. (1842, ch. 274; modified 1848, oh. 162.) Whenever any lease for surplus waters of Black Rock harbor, may become liable to forfeiture in consequence of the non-payments of the rents due thereon ; before declaring the same forfeited, the [auditor] shall give at least six months' notice, in two news- papers published in the county of Erie, that the same will be forfeited unless the rents due shall then be paid, with the costs of such advertising ; if the rents shall not then be paid, the canal board may direct that any separate privilege of taking and using water included in such lease, the rent on which separate privilege has been regularly paid, which shall be occupied and applied to any machinery, shall be separately exposed to sale ; or they may require the canal appraisers to estimate and appraise the value of such separate privilege, having reference to the terms of the original lease and subject to the approval of the canal board ; and upon receiving such appraisal the canal board may sell such privilege to the person so occupying the same, as shall be deemed just and equitable, under the circumstances, and may thereupon cause a lease for such privilege to be executed according to law." 613. (1873, oh. 766, 1.) The action of the canal board, at a meeting thereof, held on the eighth day of November, eighteen hundred and seventy-two, in adjusting the rent due the state, from the holders of leases of surplus waters of the 1 Concurrent Resolution, 1831, p. 437, as follows : IN ASSEMBLY, April 23, 1831. Resolved (if the senate concur herein), That the canal commissioners do suspend all further proceedings under the statute authorizing the leasing of the waters of the canals, and of any works appendant thereto. IN SENATE, April 25, 1831. Resolved, That the senate do concur with the assembly in said resolution, with an amendment by adding thereto the words following, to wit : " Ex cept the surplus waters at Black Rock, and at the Troy dam." See, also, proceedings canal board, Feb. 21, 1866. * For a full report on use of surplus waters at Black Rock, see Assembly Documents, 1870, vol. 7, No. 139, pp. 10, 61 and map ; also canal board proceedings, April 11, 1,866, and Auditor Bell's report on leases outstanding, 1871, p. 82, and resolution of canal board as to payments upon leases at Black Rock up to 1861. (Proceedings, 1872, p. 167.) OF SUPERINTENDENTS OF REPAIRS. 253 Erie canal at Black Rock, is legalized and confirmed, and the four thousand and eight hundred dollars paid by the owners of such lease in pursuance of such settlement, are accepted in full payment and settlement of the rent due on account of all leases of surplus waters of the Erie canal at Black Rock, up to and including the year eighteen hundred and seventy- two ; but the owners of such leases shall not, by virtue of any thing herein contained, be released from the payment of rent accruing by virtue of the terms of their leases on and after the year eighteen hundred and seventy-two. ARTICLE VI. OF THE SUPERINTENDENTS OF REPAIRS, AND THE COLLECTORS OF TOLLS. SECTION 620. Superintendents of repairs and collectors of tolls shall give bonds. SUPERINTENDENTS. 621. Duty of superintendent. 622. Shall be under direction of canal commissioners. 623. Shall make detailed estimates of anticipated objects of ex. penditures. 624. Commissioner to certify thereto, in whole or in part, and the auditor to advance the amount certified. 625. Materials and tools how purchased. 626. Contracts for materials, etc., to be in writing and filed in canal department. 627. Commissioner to certify to his approval or dissent as to each object of expenditure named in detailed estimate. 628. Canal commissioners to fix rates of compensation for labor. 629. Tools, materials, etc., how purchased ; superintendents to be removed who do not observe all the directions of detailed estimates. 630. To account to the auditor as often as once in sixty days ; duty of auditor in case of neglect, etc. 631. Account to be certified by commissioner before presented. 632. To cause noxious weeds to be cut. 633. Consequence of neglect. 634. To give personal and constant attention to their duties. 635. To take receipts only for actual payments. 636. Purchases to be made for cash ; vouchers to be filled up at the time they are taken. 637. To appoint lock-tenders, foremen, etc. 638. Abstract of expenditures to be published monthly ; expenses % of publishing, how paid. 639. To file abstract in certain cases in clerk's office. 254: OF SUPERINTENDENTS OF REPAIES. SECTION 640. Auditor to prescribe form of abstracts ; blanks to b printed, etc. 641. Certificate of filing to be sent to auditor. 643. Abstract filed to be subject to public inspection. 643. Eight-hour law. 644. To whom it applies. 645. Penalty'for violation. 646. Contractors violating, to forfeit contract, etc. 647. May enter on lands, take materials, and destroy or remove boats, etc., in certain cases. COLLECTORS OF TOLLS. 650. To keep account of tolls received. 651. To make abstracts of daily receipts and send auditor weekly. 652. To deposit every two weeks money received, in banks desig- nated by canal board. 653. Banks to transmit monthly account to auditor 654. May refund tolls erroneously paid. 655. Omitting to deposit tolls ; auditor to issue warrant upon his property and that of his sureties. 656. Sheriff, to whom warrant is directed, to execute immediately. 657. Office of assistant collector abolished. 658. No power to hire offices without consent of canal commis- sioner; not to select any person to measure or inspect timber or lumber. 659. Compensation to be fixed by canal board at time of appoint- ment ; not to employ clerks except as certified by auditor. 660. Ten inspectors and measurers of lumber and timber, etc., to be appointed by canal board. 661. They are authorized to administer oaths. 662. Collectors not to give credit for tolls. 663. Collectors and weigh-masters to reside at places where offices are located ; weigh-masters to enter light weight of boat on clearance ; penalty for making false entry. 664. Collector in New York not to give clearance till harbor-mas ter's fees are paid ; may be paid to collectors. OF SUPERINTENDENTS AND COLLECTORS. TO give 620. (R. /&, 99.) Each superintendent of repairs and every collector of tolls, before he shall enter on his official duties, shall execute and file in the [canal department] a bond for the faithful execution of his trust, in such penalty and form as the canal board shall direct, and with such sureties as the [auditor] shall approve. OF SUPERINTENDENTS. Duty of 621. (JR. S., 100.) It shall be the duty of each super- tendent. mtendent, under the direction of the canal commissioners, tp 4 mil, m 9 ; keep in repair such sections of the canals and works connected 1 As amended 1848. ch. 162. OF SUPERINTENDENTS OF REPAIRS. 255 therewith, as shall be committed to his charge; to make all 42N.Y.47; i c i < 11 54 Barb. necessary contracts for that purpose, and faithfully to expend 172. all such moneys as shall be placed in his hands by the canal commissioners or the [treasurer on the warrant of the auditor]. 1 622. (B. S., 101.) Each superintendent shall be under n>. the direction of the canal commissioners, and especially of the acting commissioner, having charge of the line of the canal, on which such superintendent is employed. 623. (1837, ch. 451, 7.) 1 Before any advance of money Detailed L 11 i A J .c i -u ^ estimates, shall be made to a superintendent of canal repairs by the [auditor] he shall make out a detailed statement, in such form as the said [auditor] shall prescribe, of the several anticipated objects of expenditure on the line of the canal under his charge. 624. (Same ch., 8.) ' If the said estimate shall be filed TO be cer- in the [canal department,] with the certificate thereon of the filed, acting canal commissioner, stating that in his opinion, the whole amount or if less than the whole amount, what portion of the said estimate should be advanced [the auditor] may make advances on the same, in such sums, and as often as they may deem necessary ; provided such advances shall not exceed the amount certified by the commissioner. 625. (1849, oh. 363.) The canal commissioners are hereby Materials authorized to direct the superintendents of canal repairs to how pur^ purchase materials and tools for the ordinary repairs of the canals, without advertising for the same, whenever in their opinion the interests of the state will be promoted thereby ; and shall not be bound to accept proposals unless they deem it for the interests of the state." 626. (1859, ch. 495, 2.) All contracts entered into by contracts any canal commissioner, superintendent of canal repairs, or teriai. " engineer in charge of repairs, for the delivery of timber or lumber for the repairs of the canals, or to do or complete a specific job of work relating to such repairs, and involving the 1 As modified by Laws of 1848, ch. 162. 2 For provisions of ch. 278 of 1847, relating to the purchase of tools and materials for ordinary repairs, by advertising for sealed proposals, see article 2 of this chapter, " Of the canal commissioners," ante, 528-335 and note. 256 OF SUPERINTENDENTS OF KEPAIRS. performance of labor, and the furnishing of materials, when not advertised to be let to the lowest bidder, shall be in writing ; and such contract, duly authenticated, shall, within fifteen days after the same shall be executed, and before any money shall be paid thereon, be filed in the canal department ; and all such contracts shall state the time within which the same is to be performed and executed, which shall not exceed one year from the date thereof. statement 627. (Same cA., 8.) When any superintendent of canal diture. repairs, or resident engineer having charge of such repairs, shall submit to the canal commissioner in charge the detailed statement of the several anticipated objects of expenditure on the line of the canal under his charge, it shall be the duty of such commissioner, if he dissents from any particular object of expenditure set forth in such estimate, in whole or in part, or if he shall consider the sum estimated for the objects named to be larger than will be required, to state, in writing, on the estimate, his allowance or disallowance of each particular ob- ject of expenditure named therein, and of the amount which in his judgment may be required for each work or object ; and every such superintendent and engineer shall apply the sums so estimated and allowed to the work or object named in such estimate, and to no other purpose whatever. And all orders and directions given by any engineer to any con- tractor on the public works, during the progress of the same, and in relation thereto, shall be in writing. Bate of 628. (1866, ch. 836, 1.) No superintendent of repairs compensa- . . . tiou for shall pay a higher price or compensation to any foreman, lock- tender or other subordinate person necessary to enable him to discharge his official duties, nor for any double or single team, nor for any mechanical labor, than shall be fixed by the board of canal commissioners ; and it shall be the duty of the said board of canal commissioners to fix, from time to time, the rate of compensation for the labor and service herein men- tioned, and shall notify the several superintendents and the auditor of the canal department thereof, and no resolution of the said board, increasing the rates of compensation for labor and service beyond a price previously fixed, shall have a retro- active effect. Certificate 629. (Same ch., 3.) No superintendent of canal repairs eornmis- shall have any authority to contract for the delivery of or to OF SUPERINTENDENTS OF REPAIRS. 257 purchase any tools, implements, materials, boats or other sioner -i i * /* i i nscGSStiry matter or thing to be used m the repairs of the canals, except to an pur- * A chases. upon the certificate of the canal commissioner in charge first had and obtained, designating the number and quantities with the price to be paid for such tools, implements, materials and boats: and every superintendent of repairs who shall violate Penalty f:r ft. i i 11 i /. applica- the provisions of this section, or who shall apply any of the tion of , , , . , ., , . , . moneys moneys received by him upon a detailed estimate, to objects, otherwise works or purposes other than what is specifically named and sighted. described in the detailed estimate upon which the moneys were advanced to him, shall be removed from office, and the canal board are hereby authorized and directed to hear and determine all complaints made against any superintendent of repairs for a violation of the provisions of this section, but Exception. the provisions of this section do not apply to sudden breaks and breaches in the canals during navigation, when the neces- sities of the case may call for immediate action before the canal commissioner can be consulted. 630. (R. <, 102. 1 ) Each superintendent shall, as often TO account i i ii-T-i! to auditor as once in sixty days, render his account to the [auditor], who shall audit the same ; and if any superintendent shall omit to render his account, or his account as rendered be not satis- factory, the [auditor] shall notify the canal board and the commissioners of the canal fund thereof; and no further advances of money shall be made to such superintendent, but he shall be immediately removed from office. 631. (R. S., 103. 1 ) Before any superintendent's account for expenditures shall be presented to the [auditor], the canal commissioner having charge of that part of the canal on which such superintendent is employed, shall certify on such account that he has examined the same ; that the several disbursements specified therein, were made under his direction on the canal, or for repairs necessary to be made thereon; and that he believes such disbursements to be proper and reasonable, and to have been made, as charged. 632. (1847, oh. 100, 1.) It shall be the duty of the superintendents of canals, to cause all Canada thistles and other noxious weeds, growing on the banks and sides of the **> cut 1 As modified by Laws of 1848, ch. 162. 33 258 OF SUPERINTENDENTS OF REPAIRS. Provision in case of refusal or neglect. Duty of superin- tendents. Receipts. canals, to the width owned by the state, to be cut down twice in each and every year, once between the fifteenth day of June, and the first day of July, and once between the fifteenth day of August and the first day of September. 633. (Same ch., 2.) If the said officers shall refuse or neglect to cause the same to be cut at the times as aforesaid, it shall be lawful for any person or persons, to cut the same between the first and fifteenth days of July, and between the first and fifteenth days of September, in each and every year, at the expense of the superintendents having charge of the sections on which such thistles and noxious weeds shall be so cut, at the rate of one dollar per day for the time occupied in so cutting, to be recovered in any court of justice in this state. 634. (1851, ch. 57, 1.) Superintendents appointed by the canal board on the several canals of this state, shall give their personal and constant attention to the duties of their office. 635. (Same ch., 2.) No superintendent, appointed as aforesaid, shall under any pretense whatever take a receipt for labor done, services performed or materials furnished for the canals, when the money shall not be actually paid. 636. (1840, oh. 310, 1 ; amended 1855, ch. 535, 3.) All purchases for the use of any department, office, or work of the government, shall be for cash, and not on credit or time. Each voucher, whether for a purchase or for a service, or other charge, shall be filled up at the time it is taken ; and in all cases where the payment is not made directly by the treas- urer or governor, proof in some apt form shall be furnished on oath, that it was so filled up at the time it was taken, and that the money mentioned therein to have been paid, was in fact paid in cash or by draft on some specified bank. The auditor in all cases when moneys are paid from the canal revenues, loans or fund, and the comptroller in all cases when payments are made from any other revenue or fund, shall from time to time prescribe rules, regulations and forms to secure the faithful observance of this section, and may in all cases, if they shall deem necessary, require proof on oath of the payment of the money as aforesaid. TO appoint 637. (1861, ch. 5Y, 3.) Each superintendent, so ap- tc em< pointed, shall have power to appoint his own foreman, lock- To pur- chase for casb. OF SUPERINTENDENTS OF REPAIRS. 259 tenders and other subordinate persons necessary to enable him to discharge his official duties, and the compensation to each shall not exceed the rate of compensation established by the board of canal commissioners. But the canal commissioner in charge of any section of the canal in which any foreman, lock- tender, or other subordinate person may be employed, or the board of canal commissioners shall have absolute power to remove any foreman, lock-tender or other subordinate, for misconduct, incompetency or neglect of duty, provided such canal commissioner, or the board of canal commissioners, mak- ing such removal, shall specify the cause of such removal in writing and file the same in the office of the auditor of the canal department within ten days from the date of such removal. In case of the removal of any such foreman, lock- tender or other subordinate, it shall be the duty of the com- missioner or the board of canal commissioners making such removal immediately to notify the superintendent in charge of the section of the canal, where such removal shall be made of the fact of such removal ; and in case the superintendent shall neglect or refuse for three days to fill the vacancy thus created, and to notify the commissioner or board of canal commissioners thereof, it shall be the duty of the canal commis- sioner, or the board of canal commissioners making such removal to fill such vacancy. 638. (1853, ch. 52, 1.) It shall be the duty of each Pubiica- canal superintendent of this state, on or before the fifteenth stract of . expendi- day of each month, to publish in some newspaper, printed in tures by any county through which any part of his section of the canal tendent. shall pass, an abstract of his official disbursements during the pre- ceding month, stating therein the name and residence of the per- son to whom he has paid money and the amount paid to each ; if for labor, the number of days and the amount per day ; if for materials, the kind, quantity and price ; which abstract shall be published in the entire edition of such newspaper, and shall be verified by the oath of such superintendent. The expense Expense of such publication shall not exceed the sum of fifteen dollars, to be regulated and fixed by the auditor of the canal depart- ment; may be paid by such superintendent out of public moneys in his hands, the expense thereof to be included in and published in his next abstract of official disbursements. 1 1 See canal board proceedings, 1872, page 91. 260 OF SUPERINTENDENTS OF REPAIRS. TO me ab- 639. (Same ch., 2.) Should the canal superintendent be clerk's unable to procure the publication as aforesaid for the sum men- certain tioned, then it shall be his duty to make and file such abstract cases. , ' * in the county clerk's office in the county in which he shall reside, or in the town clerk's office in the town through which his section of the canal shall pass, as the said auditor shall direct. Audit9rto 640. (Same ch., 3.) The auditor of the canal department Form of 6 shall prescribe the form of such abstract, and cause the neces- and sary blanks to be printed and sent to the superintendent, to- gether with such instructions for publication or filing as will be necessary to insure uniformity in the same. certificate 641. (Same ok., 4.) Immediately after the publication be sent g to or filing such abstract in the county or town clerk's office, tor ' he shall transmit to said auditor a certificate to the effect that the same has been filed or published according to law, in which he shall state the aggregate amount of such abstract, the form of which certificate shall also be prescribed by said auditor. subject to 642. (Same ch., 5.) Said abstract so filed shall be subject lion" 60 " to the inspection of the public at all reasonable office hours. Eight- hour law. 643. (1870, ch. 385, 1.) On and after the passage of this act, eight hours shall constitute a legal day's work for all classes of mechanics, working men and laborers, excepting those engaged in farm and domestic labor ; but overwork for an extra compensation by agreement between employer and employee is hereby permitted. TO whom 644. (Same ch., 2.) This act shall apply to all mechanics, it applies. wor king men and laborers now or hereafter employed by the state, or any municipal corporation therein, through its agents or officers, or in the employ of persons contracting with the state or such corporation for performance of public works. Penalty for viola- tion of. 645. (Same ch., 3.) Any officer or officers, or agents of this state, or of such corporation, who shall openly violate or otherwise evade the provisions of this act, shall be deemed guilty of malfeasance in office, and be liable to suspension or removal accordingly by the governor or head of the depart- ment to which such ofiicer is attached. OF COLLECTORS. 261 646. (Same ck., 4.) Any party or parties contracting DO. with the state, or any such corporation, who shall fail to com- ply with, or secretly evade the provisions hereof, by exacting and requiring more hours of labor, for the compensation agreed to be paid per day, than is herein fixed, shall, on con- viction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not less than one hundred nor exceeding five hundred dollars, and in addition thereto, shall forfeit such contract at the option of the state. 1 647. (R. S., Chap. IX, Art. II, 23 ; amended 1870, ch. May enter 222.) "Whenever the navigation of any of the canals shall be take ma-' terials and interrupted or endangered, it shall be the duty of the com- destroyer T i . . * . remove missioners, without delay, to repair the injury causing or boats, etc. threatening such interruption, and for that purpose, they shall cases - have power, by themselves or their agents, to enter upon and use any contiguous lands, and to procure therefrom all such materials as in their judgment may be necessary or proper to be used in making such repairs. And whenever the naviga- tion of any of the canals shall be interrupted or endangered, any commissioner or superintendent may, if in his judgment it is necessary or proper to do so, cut up, destroy or remove any canal boat, vessel or other thing in or partly in the canal, and the damages in consequence thereof shall be assessed in the manner provided by chapter two hundred and eighty- seven of the laws of 1836. OF COLLECTOKS. 650. (R. S., % 104.) The collectors of tolls shall keep ac- Duty of ' . * collectors. counts of all tolls received by them, in such form as shall be prescribed from time to time by the [auditor,] and shall de- posit such original books of account, together with such clear- ances and other papers as he shall require, in the [canal depart- ment,] on or before the tenth day of January in each year. S 651. (R. S., 105.) They shall also make abstracts from n> * Abstracts. such books showing the amount of tolls received by them each day, and transmit the same by mail, to the [auditor] four times in each month, on such days as he shall direct. 652. (J2. /S., 106.) They shall deposit the moneys re- Deposits ceived by them for tolls, to the credit of the treasurer of this 1 6 of this act repeals the eight-hour law of 1867, ch. 856 262 OF SUPERINTENDENTS OF REPAIRS. state, at least once in two weeks, in such banks as may, from time to time, be designated by the canal board. Duty of 653. (R. S. 9 107.) The [auditor] shall require the several banks so designated, to transmit to him, by mail, a monthly account of deposits by the collectors of tolls ; and if any bank shall neglect to comply with such requisition, or he shall doubt its solvency, he shall direct such deposits to be made in such other bank as he shall designate, until the further order of the canal board. 1 Refunding 654. (R. >&, 108.) The collectors may be authorized to refund tolls erroneously paid to them, or which equitably ought to be refunded, under such regulations as shall be pre- scribed by [the auditor.] * Proceed- 655. (R. /&, 109.) If any collector of tolls shall neglect to deposit, according to law and the directions of the [au- ditor,] the moneys, that, from the abstracts of returns made to the [auditor,] he shall appear to have collected for tolls, the [auditor] may issue a warrant, under his hand and seal, directed to the sheriff of any county where such collector or any of his sureties may be found, thereby commanding such sheriff to cause the amount of tolls in the hands of such collector (or such part thereof as the [auditor] shall direct by the war- rant), to be made and levied of the goods and chattels, lands and tenements of such collector ; and in case the same shall not be sufficient, then of the goods and chattels, lands and tenements of the sureties of such collector ; and to return the money, together with the warrant and his doings thereon to the [auditor] within sixty days from the date thereof.' ib. 656. (R. S., 110.) The sheriff to whom such warrant shall be directed, shall immediately cause the same to be exe- cuted ; and may demand and collect the same fees for execut- ing the same, as are allowed by law for the service of execu- tions issuing out of the supreme court. Office of 657. (1859, ch. 495, 3.) The office of assistant collectors ;tor or assistants to collectors of canal tolls on the canals is hereby 29N.Y.534. abolished, and the duties pertaining to that office shall here- after be performed by the collectors of tolls, except as herein provided. 1 Modified by ch. 162, Laws of 1848. OF COLLECTOKS. 263 658. (Same ch., 4.) The collectors of canal tolls shall not Room to have the power to select or hire a room or building to be occu- pi pied as a collector's office, without the consent of the canal office. commissioners in charge of the division of the canals on which such collector shall be appointed, and where such office may be located ; nor shall any money be paid for the rent of any col- lector's office unless such canal commissioner shall have approved of the amount agreed to be paid for the rent of any such office. Collectors of canal tolls shall not have the power to designate or select any person to measure, count or inspect any timber or lumber carried in rafts or boats on the canals of this state. 659. (Same ch., 5.) The canal board shall, from year to Compensa- ' ' if. tlon to be year, when the annual appointments are made, nx and deter- fixed by mine the compensation and salaries to be paid to the collectors of board. canal tolls and their clerks, to the weigh-masters and their assistants, and to such other officers and agents connected with the collection of tolls on the canals as the said board are or may be authorized to appoint or employ, which shall not be increased during such year. No clerks shall be employed by any collector of tolls, except when the auditor of the canal department shall certify the same to be necessary to enable such collector to perform the duties of his office. 660. (Same ch., 6.) For the purpose of protecting the inspectors state in its property, revenue and tolls on the canals, the canal board is hereby authorized to appoint ten inspectors and meas- ai urers of lumber and timber, and of boats and their cargoes, to be located at such points and places on the canals as may be deemed most expedient to accomplish the objects of the ap- pointment. 1 661. (Same ch., Y.) The measurers and inspectors author- ized to be appointed under the next preceding section, are hereby authorized to administer oaths, when the same becomes necessary to enable them to discharge the duties of their respect- ive offices. 662. (1861, ch. 124, 3.) Collectors of canal tolls (shall)* Coiiectore not give anv credit for tolls on boats or oargo : and any col- give & _ "_ __ & ' _ J credit. 1 By Laws 1866, ch. 836, 4, two more inspectors were authorized in the city of New York. By 1867, ch. 71, 1, one at Whitehall, and by 1868, ch. 859, one at Oswego. ,See Art. 4, " Of the canal board," ante, 494-497. s The word " shall " omitted from the statutes of 1861, as printed. 264: REGULATIONS AND PENALTIES. lector or his clerk who shall violate the provisions of this sec- tion, shall be removed immediately from office. 663. (Same ch., 4.) Every collector of canal tolls and Collectors master to every weigh-master shall reside at the place where the office to reside at place where office Is. which he is appointed, is located, and every such collector or weigh-master shall give his personal attention to the duties of his office. Every weigh-master or weigh-master's clerk, who shall weigh a boat and cargo, shall enter the true weight thereof on the face of the clearance, with the light weight of the boat, as it appears by the light weight register, in such weigh-master's office ; and every weigh-master or his assistant or clerk, who shall knowingly make a false entry of the true weight of such boat or cargo, or shall make a false certificate of the light weight of any boat, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both ; the fine not to exceed five hundred dollars, and the imprison- ment not to exceed two years, in the county jail. Harbor t 664. (18 Yl, ch. 205, 1.) The collector of canal tolls for fees, New the city of Kew York shall not give permits or clearances to canal boats navigating the waters of this state, until the cap- tain or master of said canal boat has paid or satisfied the annual fee of one and one-quarter dollars due the haroor- masters of the port of New York, and now imposed by the laws of this state ; which fees may be paid to the said col- lector of canal tolls for said harbor-masters. ARTICLE YII. REGULATIONS AND PENALTIES CONCERNING THE NAVIGATION OF THE CANALS AND THE COLLECTION OF TOLLS. REGISTRY OF BOATS. SECTION 670. Owners of canal boats to give certificate of registry to col- lectors. 671. If master of boat (whose owners reside out of the state 1 ) is changed after certificate is given, new master to give one. 672. Collector to give receipt for certificate, to transmit certificate to auditor. 673. Auditor to make register of boats navigating the canals ; name not to be changed without order of auditor. 674. When boat is transferred, upon proof of facts, auditor to alter register. 675. Auditor to send collectors copy of register. REGULATIONS AND PENALTIES. 265 SECTION 676. No clearance to be granted without proof of registry. 677. Persons named in certificate deemed owners of boats. 678. Penalty for changing name of boat without consent of audi- tor, or for reporting false name. 679. Auditor not to change name or hailing-place of boat, etc., upon which there is an existing lien or mortgage filed in canal department, unless, etc. ; penalty for changing name without authority of auditor. 680. No boat, without name on it, to have clearance. BILLS OF LADING, TOLLS, ETC. 681. Masters of boats to show bill of lading ; what to contain. 682. To what collectors to be exhibited. 683. Where no collector at place of lading, delivery or interme- diate place, bill of lading to be exhibited to collector at nearest place of delivery. Penalty. 684. Penalty for omitting to show bill of lading when required, and treble tolls on property omitted. 685. Penalty for false bill of lading. 686. Collector may compel master to modify bill by oath. 687. Every boat to have a separate clearance. 688. No boat to proceed beyond place for which it is cleared, until clearance is shown to collector at that place. 689. If no collector at such place, clearance to be delivered to last collector whose office shall be passed. 690. Twenty-five dollars penalty for not delivering clearance. 691. Collectors to give copies of clearances. 692. Copy to have effect of original ; fee for making it. 693. Tonnage to be ascertained and charged according to real weight of articles. 694. When master of boat and collector cannot agree as to amount of tolls, articles to be weighed, counted or measured. 695. Master to pay expense of weighing, etc. 696. Collector may detain boat and cargo until tolls and expenses are paid. 697. If payment be refused, collector may distrain and sell prop- erty. 698. Surplus arising from sale to be paid to master of boat or owner of property. 699. Statement of passengers to be furnished by masters of cer- tain boats. 700. What first statement delivered to contain ; what subsequent statements. 701. Affidavit that no passengers have been conveyed. 702. Each master to make statement. 703. Collector to transmit statement and affidavit to auditor ; pen- alty for not furnishing. 704. Such boat may be refused clearance. 705. Collector receiving statement, etc., to give acknowledgment. 706. Certificate of auditor that no statement, etc., has been re- ceived at his office, presumptive evidence that none has been made. 34 266 REGULATIONS AND PENALTIES. SECTION 707. Tolls on passengers in boats not belonging to a line, etc. how to be paid ; penalties. 708. A specified sum by the year may be received as commutation for tolls upon passengers. 709. Commutation, how paid. 710. Clerk, authorized by collector, may perform his duties in his absence ; collector responsible for his acts. BOATS, NAVIGATION, ETC. 711. Collectors, etc., to assign berths to boats when disputes arise concerning them. 712. No float to move faster than four miles an hour, except by permission of canal commissioners ; ten dollars penalty for so doing. 713. Rate of speed on enlarged canals to be fixed by canal board, not to exceed six miles an hour. 714. Boats propelled or towed by steam to pass on berme side of canal ; penalty. 715. When passage boat overtakes floats, latter to let former pass. 716. When two floats meet, each to take the right. 717. When two floats meet, where less than thirty feet wide, boats going from Hudson river to stop till the other passes. 718. Ten dollars penalty for violating either of the three preced- ing sections. 719. Floats within one hundred yards of lock, on level with water in lock, to pass before float on another level. 720. Questions of precedence in passing locks to be decided by lock-keeper. 721. Twenty-five dollars penalty for not conforming to such decision, or for violating two preceding sections. 722. Twenty -five dollars penalty for using poles pointed with iron. 723. Deck boats to have knive fixed on bow or stern. 724. Twenty-five dollars penalty for not complying with above. 725. Same penalty for obstructing navigation, by mooring boats, etc. 726. Same penalty for sinking any boat, etc., or obstructing tow- path, etc. ABANDONED OR STOLEN PROPERTY. 727. Boats, etc., found floating in canal, or articles found on tow- path, to be seized and sold. 728. If owner pays costs, etc., not to be sold. 729. Avails, how accounted for. 730. If articles sold, proceeds Of sale to be paid to owner after deducting costs, etc. 731. Forfeiture for taking rails, etc. , from banks or vicinity of canal. 732. Penalty for violation of last section. 733. Penalties and forfeitures chargeable on boat or cargo. 734. When such penalty is sued for, process to direct officer to detain boats, etc., until suit be decided or security given. 735. If security be given or defendant prevail, to be released ; if judgment recovered to be sold, unless amount of, etc., be paid. REGULATIONS AND PENALTIES. 267 FRAUDS ON REVENUES. SECTION 736. Weigh-masters and inspectors may administer oaths. 737. Boat to be forfeited for false clearances. 738. Goods to be forfeited if falsely marked as to contents. 739. Property forfeited to be sold ; one-third proceeds to go to informer. 740. Officers having information of fraud upon revenues, and not discovering same, deemed guilty of a misdemeanor. 741. Penalties not to be remitted, unless illegally imposed ; how applied for. REGISTRY OF LIENS. 743. Chattel mortgages on canal craft may be filed with auditor. 743. Auditor to file and enter in a book kept for that purpose ; to be subject to inspection. 744. Priority of liens. 745. Auditor's fees, for filing and entering fees, to be paid before filing. 746. Certified copies may be used as evidence. 747. Mortgages on canal craft to be filed in canal department. 748. Mortgages not filed, to be void as against subsequent pur- chasers or mortgagees in good faith. 749. Mortgages to be filed annually, or to be void as to credit- ors, etc. 750. Auditor to number, and enter mortgages, book, to be subject to inspection. 751. Priority of claims or liens. 752. Certified copies may be used as evidence ; their effect. 753. Auditor to designate a clerk as register ; fees to be paid in advance. 754. Auditor not to permit name or hailing of boat or other craft to be changed, upon which there is a mortgage filed, unless, etc. ; penalty for changing without permission. OF REGULATIONS AND PENALTIES AS TO NAVIGATION AND TOLLS REGISTRY OF BOATS. 670. (R. /, 111.) The owners of every boat navigat- certificate ing the canals, shall subscribe and deliver to the collector of 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. 671. (R. S., 112.) If the master of a boat of which ^ the owners reside out of the state, shall be changed after he 268 REGULATIONS AND PENALTIES. Duty of collector. Duty of auditor. Register, how changed. 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. 672. (R. S.) 113.) 1 Every collector receiving a certifi cate of registry, shall sign an acknowledgment of the receipt thereof, and deliver the same to the master of the boat ; and shall, without delay, transmit the certificate received to the [auditor]. 673. (R. 8., 114.) 1 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 regis- tered boat shall be changed, without the order of the [auditor.] 674. (R. 8.) 115.) 1 If any persons residing within the state, claiming to be 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 certificate of registry signed by themselves, it shall be the duty of the [auditor] to change the register of such boat, so as to corre- spond with such new certificate. 675. (R. 8., 116.) 1 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. 676. (R. S., 11Y.) 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 delivered to such collector, a proper certificate of registry, or have ex- hibited to him, the receipt of some other collector, for such certificate. 677. (R. 8.) 118.) The persons specified in its certificate of registry, as the owners of a boat, shall be deemed in law the true owners thereof, for all purposes of enforcing the collection of tolls, and the execution of the rules and regula- tions for the navigation or maintenance of the canals. Penalties. 678. (R. S., 119.) 1 Every owner of a boat who shall change its name from that stated in its certificate of registry, Copies to collectors. Clear- ances, when granted. Who own- ers. 1 Modified by ch. 162 of 1848. BILLS OF LADING, TOLLS, ETC. 269 then in force, without the order of the [auditor], and every master who shall enter or report such boat, at any collector's office, by a different name than that so stated, shall, for every such offense, forfeit the sum of twenty-five dollars. 1 679. (1864, ch. 412, 8.) The auditor aforesaid shall not grant permission to change the name or hailing place of any canal boat, steam tug, scow, or other craft navigating the canals of this state, upon which there is an existing lien or mortgage filed in the canal department, unless it shall be necessary to make the name or hailing place conform to the United States custom house regulations, by reason of a change of name on the canal, after having been registered at the cus- tom house ;" and any boat, steam tug, scow, or other craft found navigating the canals of this state, the registered name or hailing place of which shall have been changed without the written permission of the auditor of the canal department, shall, upon due proof thereof, pay a fine not less than fifty nor more than three hundred dollars. 680. (R. S., 120.) No boat shall receive a clearance, or Name to * ' ' ' be on each be permitted to pass on any canal, which shall not have the boat- name thereof, and of the place where it is owned, correspond- ing with its certificate of registry then in force, painted in some conspicuous and permanent part of the outside of the boat, in letters of at least four inches in height. BILLS OF LADING, TOLLS, ETC. 681. (It. 8., 121 ; amended 1859, ch. 16.) Every mas- BUI of ter of a boat, conveying property on a canal, shall exhibit to contents, the several collectors, hereafter 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 names, description and weight of all 1 See Resolution of canal board No, 36, pout, reducing penalties, adopted March 14, 1838, which reduces this penalty to ten dollars. 2 See resolutions of canal board (Proceedings 1866, February 9th and 1871, p. 179), as to claim of United States treasury department, that canal boats entering navigable rivers are subject to coasting laws and licenses. 270 REGULATIONS AND PENALTIES. To whom to be ex- hibited. Penalties. Ib. 245 of old Manual. the articles of such property on which toll is charged by the ton, of the number of articles on which toll is charged by the number, and of the feet of each article on which toll is charged by the foot. 3. A specification of the weight or quantity of each article, where a different 'rate of toll is charged on different articles, on which toll is so computed. 4. No clearance of a boat and cargo shall be granted or issued by any collector of canal tolls, except upon the produc- tion to him of a bill of lading containing the above particulars. 682. (. S., 122.) Every such account or bill of lading shall be 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 : 683. (B. &, 123.) If there shall be no collector's office at the 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 arti- cles, exhibit the bill of lading thereof to the collector whose office shall be nearest to the place of such delivery, and shall pay to such collector the tolls due on such articles ; and every master who shall omit to exhibit such bill, and to pay such tolls within the period so limited, shall, for every offense, for- feit the sum of twenty-five dollars. 684. (7?. , 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 men- tioned in a bill of lading, at a place beyond that to which they shall be cleared, shall forfeit the sum of twenty-five dollars. Every person who shall sign or deliver to any collector, a false bill of lading, shall pay, on all property omitted in such false bills t.-eble the toll usually charged on such property, to any collec- BILLS OF LADING-, TOLLS, ETC. 271 tor who shall be satisfied of such omission, for the whole dis- tance such property is conveyed on a canal. 1 685. (/?. /, 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 prop- erty omitted in such bill, and the imprisonment not to exceed two years. 686. (JR. /&, 126.) Every collector receiving a bill of lad- Bins, how ing, may require the master exhibiting it, to verify it by his oath, which such collector is authorized to administer. 687. (R. S.j 127.) Each boat navigating the canals shall Separate 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. 688. (R. S., 128.) No boat shall proceed beyond the Reguia- place to which it shall be cleared, nor unlade any article of its boats! cargo before, or after, its arrival at the place for which such arti- cles are cleared, nor proceed beyond such place, until the master thereof shall have delivered the clearance of such boat or arti- cles, to the collector at the place for which they are cleared. 689. (7?. /, 129.) If there be no collector at such place, n>. the master shall deliver the clearance of the boat or articles, to the last collector whose oifice shall be passed by the boat in the order of its voyage, and shall receive a permit from such col- lector, to proceed to the place to which they are cleared. 690. (R. <, 130.) Every master who shall omit to de- Penalty. liver a clearance, to the collector to whom the same ought to be delivered, shall forfeit the sum of twenty-five dollars.' 8 691. (R. , 131.) Every collector issuing any clearance, or in whose oifice any clearance is on file, shall, whenever copies 6 . requested, give a certified copy thereof, with the additional cargo entered thereon, and the several indorsements of other collectors. 1 See resolution of canal board (Proceedings 1868, page 60) relative to the enforcement of this section ( 245, of Manual of 1863). The penalty of $25 in this section is reduced to $10 by resolution No. 36 canal board. s This penalty reduced to ten dollars, by canal board resolution No. 36. 272 REGULATIONS AND PENALTIES. Effect of 692. (R. , 132.) 1 Such certified copy shall have the copy ; fees ' * * fornmk- 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. Tonnage. 693. (R. /&, 133.) The tonnage of 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. Articles, 694. (R.S.y 134.) Whenever a difference as to the amount weighed, 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, exceed the amount contained in the bill of lading thereof, the collector shall charge tolls, according to the weight, number, or feet thus found. Expense, 695. (R. /, 135.) In every such case, the master shall ib. w ' ' 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 a piece, of articles paying toll by the number ; and of five cents for each hundred feet, of articles paying toll by the foot ; and such expenses shall be chargeable on such articles, and on the boat containing them. Payments, 696. (R. 8., 136.) The master of every boat shall be forced"" liablS 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 contain- ing them, until such tolls or expenses shall be paid. n>. 697. (R. /, 137.) If such payment be refused, the col- lector shall distrain so much of the property detained as shall be sufficient to satisfy the charges thereon ; and at the expira- tion of eight days, if such charges shall remain unpaid, lie 1 Modified by. ch 162, 1848. BILLS OF LADING, TOLLS, ETC. 273 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. 698. (It. S., 138.) Any surplus arising from the sale, Surplus, 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. PASSENGER TOLLS. 699. (ft. S., 139.) Every master of a boat which usually state- ' J J mentsof runs on the canal night and day, or which belongs to any regu- passenge lar line of packet or freight boats, shall, during each navigable cases - season on the canal, as often at least as once in thirty days, and oftener, if required by the canal board, and under such regula- tions 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. 700. (ft. /&, S 140.) The first statement so delivered, contents p n i , of flrst shall contain the names of ail the passengers conveyed in such statement. 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. 701. (B. S., 141.) If it shall happen, that during the ^enaffi- time for which a statement is required, no passenger shall have made - been conveyed in such boat, the master thereof shall present to some collector an affidavit to be sworn to before such col- lector, that no passenger has been conveyed in such boat, dur- ing the time specified therein. 702. (ft. S., 142.) If it shall happen that different per- Different sons have been masters, or had charge of any boat, for the time during which the statement or a f fidavit above mentioned is re- quired, each person shall furnish such statement or affidavit for such portion of the time as such boat was under his control or management. 703. (ft. S.. 143.) The several collectors shall transmit collectors to the [auditor] the several affidavits and itatements relative 35 " 274 REGULATIONS AND PENALTIES. masters, to passengers, received by them; and every master who shall neglect to furnish the affidavit or statement, or to pay the toll on any passengers, by law required, and every owner of such boat, when such neglect occurred, shall for each offense forfeit the sum of twenty-five dollars. 1 - 2 Further 704. (R. S. , 144.) The commissioners of the canal fund penalty. . ^ . .. , . v .. may, in their discretion, prohibit such boat from receiving a clearance and navigating the canals, until such statement or affidavit be furnished, and the tolls paid. Collectors 705. (R. /&, 145.) Every collector receiving such a state- to ac- knowledge ment, or affidavit, relative to passengers, shall give to the person from wh thereof. etc. ' from whom he received the same, a written acknowledgment Evidence 706. (R. /, 146.) A certificate made by the [auditor] to make under the seal of his office, after thirty days from the time etc. ' when such a statement or affidavit ought to be made, that no statement or affidavit in respect to any particular boat, for the time particularly stated therein, has been received at his office, shall be presumptive evidence that no such statement or affi- davit has been made by the master of such boat for the time specified in the certificate. 1 Toils on 707. (R. <&, 147.) Every master or person having charge SfcertSIT of an y boat navigating a canal, which does not usually run in the night time, or which does not belong to any regular line of packet or freight boats, shall pay the lawful tolls on all pas- sengers conveyed in such boat, in the same manner as he is re- quired to pay toll on property conveyed ; and every such mas- ter 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 offense forfeit the sum of twenty-five dollars.* commuta- 708. (R. &, 148 ; modified 1835, oh. 21.) The [canal toils. r board] may, in [its] discretion, receive from the owners of any 1 Modified, 1848, ch. 162. J Penalty reduced to fifteen dollars. Resolution, No. 36. 3 Penalty reduced to ten dollars. Resolution, No. 36. BOATS, NAVIGATION, ETC. 275 boat a specified sum by the year, for a license to carry passen- gers therein, as a commutation for tolls upon passengers. 709. (R. S.j 149; modified 1835, oh. 21.] Such com- HOW paid, mutation shall be paid at such time and in such manner as the [canal board] may prescribe, and no statement or affidavit relative to conveying passengers shall be required from the master of any boat so licensed. 710. (R. S., 150.) Any clerk duly authorized by a cierksof collector may perform all the duties, and exercise all the collectore> powers legally appertaining to such collector, in his absence, and the collector shall be responsible for the acts of such clerk. BOATS, NAVIGATION, ETC. 711. (R. , 151.) It shall be the duty of every collector Ber ths of of tolls, and if there be no collector present, of every super- boats - intendent, to assign berths to all boats when loading or unload- ing at any landing place on a canal, whenever disputes shall arise concerning the same. 712. (R. S., 152.) No float shall move on any canal gpeedof faster than at the rate of four miles an hour, without a per- boat8 etc - mission in writing, signed by a majority of the canal commis- sioners ; and for each violation of this provision the master shall forfeit the sum of ten dollars. 713. (1861, ch. 124, 1.) Any boat may move on any of Spe edon the enlarged canals of this state, at any rate of speed that may catSs? d be fixed by the canal board, not exceeding six miles an hour. 714. (Same ch., 2.) When any boat propelled or towed steam- by steam, in passing on either of the canals of this state, tows s to n shall meet or overtake any other boat or float not so propelled berme or towed, except where such boat or float is waiting its turn for lockage, it shall be the duty of the master of each, to turn out so as to allow the boat propelled or towed by steam to pass on the berme side of the canal. Every master or boat- man who shall violate any provision of this section shall, for each offense, forfeit the sum of ten dollars. 1 1 See canal regulation No. 49, post, as amended April 29, 1869, and report of auditor, with amendments. Canal board proceedings, 1871, pp. 42,45. 276 REGULATIONS AND PENALTIES. Preference 715. (ft. 8., 153.) "Where a boat used chiefly for the in passing. ' > 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 meeting. Ib. 716. (ft. /, 154.) "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 center of the canal. 717. (ft. S., 155.) Where any floats shall approach any place on either of the canals, which is less than thirty feet wide on the surface, or which will not safely permit their passing, it shall be the duty of the master of the float going from the navigable waters of the Hudson river, to stop at such distance from such narrow place, as may be convenient for the float going toward such navigable waters to pass through such narrow place, and there to wait until such pass- age is effected. Penalties. 718. (ft. /SI, 156.) Every master or boatman violating any provision of the three sections immediately preceding, shall, for each offense, forfeit the sum of ten dollars. Passing locks. Ib. Penalties. 719. (ft. 8., 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. 720. (ft. 8.j 158.) If, on the arrival of two or more floats at any lock, a question shall arise between their respect- ive masters as to which shall be first entitled to pass, such question shall be determined by the lock-keeper, and each float shall be passed in the order and manner in which he shall direct. 721. (ft. S., 159.) Every master, owner or navigator of any float refusing to conform to such determination of the lock-keeper, or detaining or unnecessarily hindering the pass- age of any float, through a lock, in violation of any provision of the two last sections, shall, for each offense, forfeit the sum of twenty-five dollars. 1 1 Penalty reduced to ten dollars, C. B. Res. No. 36. ABANDONED, OR STOLEN PROPERTY. 277 722. (R. S., 160.) No person navigating either of the setting canals, shall be permitted to use therein any setting pole or P shaft, pointed with iron or other metal ; and if any person shall offend against this section, he shall, for every such offense, forfeit the sum of twenty-five dollars. 1 723. (R. 8., 161.) No covered or decked boat, shall j^ feon navigate any canal without a knife or sharp metalic instru- ment, so affixed upon the stem or bow of the boat, as to cut apart any tow rope, which otherwise might pass over such bow. 724. (R. S., 162.) Every owner or master of such Penalty, boat, who shall neglect or refuse to comply with the above provision, shall, for each offense, forfeit the sum of twenty-five dollars.* 725. (R. S., 163.) Everv person who shall obstruct the obstruct- i- i -U .LI. ingnaviga- navigation 01 any canal, by the improper mooring, manage- tion. ment or conduct, of any boat or floating thing, shall, for every such offense, forfeit the sum of twenty-five dollars.* 726. (R. Si, 164.) If any person shall obstruct the Obstmct- 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 oppo- site the towing path, he shall forfeit the sum of twenty-five dollars. ABANDONED, OK STOLEN PROPERTY. 727. (R. S., 165.) It shall be the duty of every canal Boat, etc., commissioner, collector, superintendent or agent, employed on seized, 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. 728. (R. S., 166.) If the owner of any article so seized, shall appear and claim the same, before the time of sale, and 1 Penalty reduced to five dollars, Res. No. 36. * Penalty reduced to ten dollars, Res. No. 36. 1 Penalty reduced to ten dollars, Res. No. 36. 278 REGULATIONS AND PENALTIES. pay the cost of seizure and expense of removal, no such sale shall take place. Avails, 729. (R. S., 16T.) ' The avails of such sale shall be counted accounted for, by the officer making the same, if he be not a collector, to the nearest collector, who shall make returns thereof to the [auditor]. If the sale be made by a collector, he shall account for the avails thereof, to the [auditor]. when paid 730. (R. /S., 168.) l After such sale shall have been made, and the proceeds thereof paid [into the state treasury, the said auditor] may, on the application of the owners, and due proof of ownership, pay over such proceeds, after deduct- ing the forfeiture, and all costs and reasonable charges thereon. Taking 731. (72. #., 169 ; amended 1830, ch. 117.) If any penalty. " boatman, or person on board of any boat on any canal, shall take, without right, any rails, boards, planks or staves, [fire- wood 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 prop- erty on board the boat, shall be presumptive evidence of such taking. 2 Ib< 732. (R. S.j 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. Boat liable 733. (R. S., 171.) Every penalty and forfeiture, pre- scribed by this article, and which is declared to be recoverable against the owner, master, boatman, navigator, or other person, having charge of any boat or other float, when incurred, shall be chargeable on such boat or float, and a suit for the recovery thereof, may be brought against any person, being in the pos- session, or having the charge, of such boat or other float, at the time such suit is commenced. Boat may "^* (^ m &> I? 2 -) When any suit shall be prosecuted tained ^ or anv sucn P ena lty or forfeiture, the magistrate issuing the process, by a clause to be inserted therein, may direct the offi- cer executing the same, to detain such boat or float, and the furniture and horses belonging thereto, until the suit shall be 1 As modified by ch. 162, 1848. 2 The four following sections (R. 8., 170, 171, 172 and 173) are also amended by ch. 117 of 1830, to carry into effect the provisions of (R. S.) 169 as amended by that act, to include " firewood and fencing posts." FRAUDS OX REVENUES. 279 determined, or until adequate security shall be given for the payment of any judgment that may be recovered. 735. (JR. S., 173.) If such security shall be given, or when the defendant in such suit shall prevail, the magistrate shall when sofd. order the boat or other float and property detained, to be released ; but if no such security shall be given, and a judg- ment shall be recovered for such penalty or forfeiture, and the same, together with the costs shall not be immediately paid, an execution shall be issued, under which the property so de- tained, may be sold, in like manner, as if the judgment had been obtained against the owner thereof. FRAUDS ON REVENUES. 736. (1847, ch. 278, 15.) Weigh-masters on the state Oatha. canals and inspectors of canal boats are hereby authorized to administer oaths when it becomes necessary in the discharge of their duties. 1 737. (1855, ch. 534, 1.) Whenever any articles shall be Boat to be , i ,. , / , forfeited transported upon any 01 the canals of this state, and shall, for false with knowledge on the part of the captain or owner of the ances. boat, be cleared as articles paying a lower 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 pos- session 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. 738. (Same ch., 2.) "Whenever any goods, articles, or Goods to other property shall be transported upon any of the canals of felted if this state, packed up, or inclosed in boxes, casks, kegs, barrels marked, t 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 1 Laws of 1857, ch. 105, 18, was as follows : " The office of canal boat inspector is hereby abolished, and the duties pertaining to that office shall hereafter be performed by the collector of tolls." But in 1859, by ch. 495, 6, the canal board were authorized to appoint " ten inspectors and meas- urers of lumber and timber, and of boats and cargoes." Ch. 836, of 1866 ch. 71, 1867, and ch. 859, 1868, provide for the appointment of two more in New York, one at Whitehall, and one at Oswego. See ante, %% 494-497. aso REGULATIONS AND PENALTIES. Property forfeited to be ad- vertised for sale and sold. One-third of pro- ceeds go to person giving in- formation. 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. 739. (Same ch. 9 3.) The property thus forfeited and seized shall, as soon as may be after such seizure, be adver- tised 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 proceeds 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 officer making the seizure and imposing the penalty. Duty of 740. (Same ch., 4.) Any officer or employee of the state, cases of upon or connected with any of the canals of this state who shall thereven- be cognizant or have information of the commission of, or aity, etc. attempt to commit by any person, any fraud upon the rev- enues of the canals, and shall not discover the same and en- force 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 charac- ter 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. No power to remit penalties. 741. (Same cfi., 5.) The canal board or the commis- sioners of the canal fund shall not have power to remit penal- ties imposed for any commission or attempt to commit a fraud upon the revenues, 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. Chattel auditor, BEGISTBT OF LIENS. 742. (1858, oh. 24:7, 1.) Any person having a lien or incumbrance on any canal boat, steam tug, scow, or other craft navigating the canals of this state, by a chattel mortgage duly filed, may make a statement in writing setting forth the nature REGISTRY OF LIENS. 281 of his claim, the time when the same arose, the manner in which it originated, and the amount of such lien or incum- brance ; and may annex thereto an affidavit made by himself or his agent or attorney, that the said statement is correct, and the claim just and true, and file the same in the office of the auditor. 1 743. (Same ch^ 2.) It shall be the duty of the said TO be filed auditor, on the receipt of the said statement, to file the same tered. " in his office, and to enter the substance in a book to be pro- vided for that purpose, and the amount, if any, claimed to be due, which book shall always during office hours, be open for the inspection of all persons desiring to examine the same. 1 744. (Same ch., 3.) All claims and liens by chattel j^f 1 * 7 of mortgage, a statement of which shall be filed as herein pro- vided, shall from the time of such filing have preference and priority over all other claims, and liens, in the same manner and to the like extent of claims and liens arising on chattel mortgages filed and entered in towns where the mortgagor resides, but shall not have any priority over existing liens and claims. 1 745. (Same ch., 4.) The auditor shall charge for filing Fees. the said statement and making the entry thereof as herein provided, the sum of fifty cents, and he shall not be obliged to file or enter the same until such sum is paid. 746. (Same ch., 5.) Any statement made and filed as certified herein provided, and copies thereof duly certified by the evidence, auditor in the manner required by law, may be read and used as evidence in all courts of justice. 1 747. (1864, ch. 412. SI.) Hereafter any person having Mortgages i- -u i -u 4. ]. ' to be filed any lien or incumbrance on any canal boat, steam tug, scow in canal or other craft navigating the canals of this state, by a chattel ment. mortgage, shall file the same or a true copy thereof, in the office of the auditor of the canal department. 1 This chapter seems to be superseded by the provisions of ch. 412, laws of 1864, printed next hereafter, which is entitled " An act to amend an act entitled 'An act to provide for the registry of liens and incumbrances upon boats navigating the canal in this state,' " passed April 15, 1858. The act of 1864, contains no formal amendment or repeal of any portion of the law of 1858. 36 282 KEGULATIONS AND PENALTIES. Mortgages 748. (Same ch., 2.) Hereafter every mortgage or con- be void ; as veyance intended to operate as a mortgage of any canal boat, steam tug, scow or other craft navigating the canals of this state, together with the appurtenances belonging thereto and used in navigating such craft, hereafter made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession of the property mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in the previous section of this act. an > nuan led ^^* (^ ame G ^"> ^-) Every mortgage filed in pursuance of this act, shall cease to be valid as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof, unless within' thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage, together with a statement exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof, shall be again filed as directed in the first sec- tion of this act. Auditor to 750. (Same cA., 4.) It shall be the duty of the said number v i and enter auditor on the receipt of the mortgage, or copy thereof, to cause every such instrument to be respectively numbered, the time of receiving the same to be indorsed thereon, and the substance thereof to be entered in a book provided for that purpose. Entering alphabetically under the names of all the parties to such instrument, with the number indorsed thereon opposite to each name ; which entry shall be repeated in the index alphabetically under the name of every party thereto, also indexing the name of each boat mortgaged, with the num- ber of the mortgage opposite to each ; which book of mort- gages and index shall always, during ofiice hours, be open for the inspection of all persons desiring to examine the same. Priority of 751. (Same eh., 5.) All claims and liens by chattel mortgage, which shall be filed as herein provided, shall, from the time of such filing, have preference and priority over all other claims and liens, but shall not have any priority over existing claims and liens. REGISTRY OF LIENS. 283 752. (Same ch., 6.) A copy of any such original instru- certified ment, or of any copy thereof, so filed as aforesaid, including be^ed* any statement made in pursuance of this act, certified by the dence. auditor or his deputy, may be read and used as evidence in all courts of justice, but only of the fact that such instrument or copy and statement was received and filed according to the indorsement of the register thereon, and of no other fact ; and in all cases the original indorsement by the clerk, or register made in pursuance of this act, upon such instrument and copy, shall be received in evidence of the facts stated in such indorse- ment. 753. (Same ch., 7.) The auditor aforesaid shall desig- Fees, nate a clerk, who shall act as register, and the auditor shall be entitled to receive the following fees for services under this act for the use of the state ; for filing each instrument or copy, and entering the same in a book as aforesaid, twenty-five cents ; for searching for each paper, twenty cents ; and the like fees for certified copies of such instruments or copies, as are allowed under existing laws to be charged by the auditor for copies and certificates of record kept in the canal department ; and the said auditor shall not be obliged to file or enter, or cause to be filed or entered, any mortgage or copy thereof, until the fee provided under this section is paid. 754. (Same ch., 8.) The auditor aforesaid shall not grant change o permission to change the name or hailing place of any canal boats? boat, steam tug, scow, or other craft navigating the canals of this state, upon which there is an existing lien or mortgage filed in the canal department, unless it shall be necessary to make the name or hailing place conform to the United States custom-house regulations, by reason of a change of name on the canal, after having been registered at the custom house ; and any boat, steam tug, scow, or other craft found navigating the canals of this state, the registered name or hailing place of which shall have been changed without the written permis- sion of the auditor of the canal department, shall, upon due proof thereof, pay a fine not less than fifty nor more than three hundred dollars. 284 REGULATIONS AND PENALTIES. ARTICLE VIII. REGULATIONS AND PENALTIES CONCERNING THE PBOTEOTKXN AND MAINTENANCE OF THE CANALS. OF BRIDGES. SECTION 760. Where new roads cross canal, bridge to be erected and kept in repair at expense of town in which it is situated. 761. Sanction of canal commissioner to model and location must be obtained. 762. Penalty of fifty dollars for proceeding to build bridge with- out such consent. 763. Canal commissioner to construct road and street bridges over the enlarged canals where they have been maintained here- tofore. 764. Farm bridges, where to be constructed. Proviso. 765. Benefits to be set off against damages in certain cases. 766. Commutation for farm bridges. Damages for not rebuilding. 767. Benefits to be set off against damages, 768. Appraisal, how made. 769. Provisions of 4, ch. 207, of 1839, applicable to the several canals. 770. Private roads to bridges to be opened in certain cases. 771. Certificate of title to be furnished before payment of damages. 772. Who not entitled to farm bridges. 773. Laws of 1839 shall apply to the bridges on the enlarged Erie, enlarged Oswego, and enlarged Cayuga and Seneca canals and Cayuga inlet. 774. Road and street bridges, where to be constructed. 775. All laws inconsistent with the act of 1854 repealed. 776. No riding or driving over state bridges faster than a walk. 777. No more than twenty-five cattle to be on any such bridge at one time, not to be driven faster than a walk. 778. Penalty for violation of two preceding sections ; how recov- ered and accounted for. 779. Commissioners to maintain two bridges over Black river, under restrictions. 780. Fort Miller bridge free to canal employees and navigators. 781. Tow-path bridge at Cohoes. 782. State to control said bridge. Cohoes to pay its proportion of repairs. 783. Canal across Water street, West Troy, and bridge. OF WHARVES, BASINS, ETC. 784. No wharf, basin, etc., to be constructed without consent of canal commissioners. 785. Penalty of twenty-five dollars for constructing wharf, etc., without such permission. OF BRIDGES. 285 OF INJURIES TO STRUCTURES. 786. Penalty for wantonly opening any lock gate, etc., destroying any bridge, etc. 787. Penalty for injuries to locks and structures. 788. Penalty of five dollars for driving or riding any horse, etc., on tow-path or berme bank, except in towing boats, etc. 789. Two hundred and fifty dollars penalty for drawing water at Lockport. REGULATIONS AND PENALTIES AS TO STRUCTURES, AND THE PRO- TECTION AND MAINTENANCE OF THE CANALS. OF BRIDGES. 760. (R. S.j 174:.) In all cases where a new road or pub- Town lie highway, shall be laid out by legal authority, in such direc- tion as to cross the line of any canal, and in such manner as to require the erection of a new bridge over the canal, for the accommodation of the road, such bridge shall be so constructed, and forever maintained, at the expense of the town in which it shall be situate. 761. (R. S., 175.) No bridge shall be constructed across Model any canal, without first obtaining for the model and location tion! c thereof, the consent in writing of one of the canal commis- sioners, or of a superintendent of repairs, on that line of the canal which is intersected by the road. 762. (R. S.j 176.) Every person who shall undertake to penalty, construct or to locate such bridge without such consent, and shall proceed therein, so far as to place any materials for that purpose, on either bank of the canal, or on the bottom thereof, shall forfeit the sum of fifty dollars ; and either of the com- missioners, superintendents or engineers, shall be authorized to remove all such materials, as soon as they are discovered, wholly without the banks of the canal. 763. (1839, ch. 207, 1, amended 1854, ch. 332, 7.) The Road and canal commissioners are hereby authorized and required to bridges, . . i ., , . j where to construct and hereafter maintain at the public expense, road be con- * structed. and street bridges over the enlarged Erie canal, [the enlarged Oswego, the enlarged Cayuga and Seneca canals, and the Cayuga inlet], in all places where such bridges have been here- tofore constructed, if in their opinion the public convenience requires that they should be continued, whether the same have been heretofore maintained at the expense of the state, or of the towns, cities or villages where they are situate. 1 1 See note, next page. 286 REGULATIONS AND PENALTIES. Farm bridges. Proviso. Benefits from bridges to be s_et off against damages. Commuta- tion for bridges. 764. (Same oh., 2, amended 1854, ch. 332, 7".) The said commissioners are also authorized to construct farm bridges over said [enlarged Erie] canal, [the enlarged Oswego, the enlarged Cayuga and Seneca canals, and the Cayuga inlet], in all places where the same, in their opinion, are reasonably required, in reference to the accommodation of the owner of the land and a due regard to economy, to the state, and the convenience of navigation. But neither this nor the preceding section shall be construed to abridge the power of the canal commissioners in relation to streets, roads and bridges, as now provided by law. 1 765. (Same ch., 3.) Whenever a farm bridge shall be constructed in lieu of one heretofore maintained by the owner or owners of the land, and damages shall be claimed by such owner or owners for the appropriation of lands or other injury done in such enlargement, 1 the benefit derived by such owner or owners, by being relieved from the expense of maintaining the former bridge over the canal, shall be set off against any damages so claimed. 766. (Same ch., 4, amended 1840, ch. 372, 1.) The said commissioners are also hereby authorized in all cases where in their opinion the same can be done consistent with the public interest, to commute with owners and claimants of 1 Sections 1, 2 and 3, of ch.207, Laws of 1839, as amended by ch. 332, of 1854, seem to apply only to bridges over the enlarged Erie, Oswego, and the Cayuga and Seneca canals, and Cayuga inlet, and not to the other canals of this state. Sections 1 and 2 are also limited by the provisions of sections 6 and 9, ch. 332, of 1854. See post 772 and 774. This compilation of the law of 1839 as amended, differs from that of the manual of canal laws now in use, and from the 5th (Parker's) ed. Rev, Stat. In that edition, Vol. 1, p. 361, * 309, there is inserted in 1839, ch. 307, 1, the words, " [several canals of this state]," as an amendment made by 1840, ch. 372. This is clearly incorrect. 1840, ch. 372, makes the provisions of the "fourth" section only of the law of 1839 applicable to the " several canals of this state." 1854, ch. 332, 7, provides that the law of 1839, and all existing laws relating to bridges over the enlarged Erie canal, shall apply to the enlarged Oswego, and Cayuga and Seneca canals, and the Cayuga inlet, but makes no mention of the seven other canals of the state. Unless general powers can be implied as to road and street bridges, by the exception contained in 9, ch. 332, of 1854, 1, ch. 207, of 1839, is limited to the canals above named. See also Qov. Hoffman's vetoes, 1870, OF BRIDGES. 28 bridges over the [several canals of this state] by paying such owner or claimant such sum in lieu of a bridge as may be agreed upon between the claimant and said commissioners. And in all cases where in the opinion of said commissioners a Damages bridge over the canal ought not to be rebuilt, and the sum to building. be paid for commutation shall not be agreed upon as aforesaid, the said bridge shall not be built, but the damages sustained by such owner or owners by being deprived of such bridge, and which the state, under all the circumstances, ought of right to pay, shall be appraised by the canal appraisers and paid by said commissioners. 767. (Same ch., 5.) In all cases where damages shall be Benefits claimed for being deprived of a bridge which the claimant had before constructed or maintained, the circumstance of his being equitably bound to contribute toward the construction and maintenance of an enlarged bridge, a sum equal to the expense of the maintenance of a bridge proportioned to the size of the original canal shall be taken into consideration by the appraisers, and a proper amount on that account shall be set on against any damages to which the claimant might otherwise be entitled. 768. (Same ch., 6.) The proceedings in relation to the A p P raise- appraisement of such damages, shall be in all respects the ^ e be' hOT same as the proceedings in relation to the appraisal of damages made< for lands, streams or waters appropriated by the canal com- missioners to the use of the public ; and appeals from such appraisement may be made in the same manner. 769. (1840, ch. 372, 1.) The provisions of the fourth section of the "Act in relation to bridges over the enlarged Erie canal," passed April 20, 1839 (ch. 207), shall be applica- ble to the several canals of this state. 770. (Same ch., 2.) "Whenever the canal commissioners private shall deem that the state may be reasonably required to erect bridges, a farm bridge over any of the canals of this state, for the made. accommodation of the owner or owners of adjacent lands, and they cannot commute for said bridge with such owner and claimant on satisfactory terms, in case the said commissioners determine that a private road through adjacent lands will suffi- ciently accommodate such owner or claimant, they are hereby authorized to apply to the commissioners of highways of the 288 REGULATIONS AND PENALTIES. town in which such lands lie, to lay out a private road for the accommodation of such owner and claimant, under the pro- visions of article four, chapter sixteen, title first, part first of the Revised Statutes ; and such damages as may be assessed to the owner of the lands through which said road is laid out, shall be paid by -the commissioners, when the same can be done with a due regard to economy to the state. 1 certificate 771. (1854, eh. 332, 5.) Before the auditor shall be of title ' , before required to pay any damages that may be awarded, or the of dam- amount of any commutation agreed on for the appropriation of land or water, or for the want of a farm bridge, he shall be furnished with a satisfactory abstract of title, and certifi- cate of search as to incumbrances, showing the person demand- ing such damages or commutation to be legally entitled thereto, which abstract and search shall be retained and filed in his office. Farm 8 772. (Same ch.. 6.) No person shall be entitled to bridges. , i" > -, -i < i demand a larm bridge across any of the state canals or their feeders, in any case when the necessity or convenience of such bridge shall have arisen, from the division or acquisition of any property subsequent to the location of such canal or feeder. Bridges 773. (Same ch., 7.) Chapter two hundred and seven of enlarged the laws of eighteen hundred and thirty-nine, and all other existing laws in relation to bridges over the enlarged Erie canal, shall be applicable to bridges over the enlarged Oswego and the enlarged Cayuga and Seneca canals and the Cayuga inlet. street and 774. (Same cA., 9.) Hereafter no street or road bridges bridges, shall be constructed by the canal commissioners over any canal of this [stats]* except upon such streets or roads as were laid out, worked and used previous to the construction of the canals by which such streets or roads were obstructed. 775. (Same ch., 10.) 'All laws in force in this state inconsistent with the provisions of this act are hereby repealed. NO driv- 776. (1862, ch. 354, 1.) It shall not be lawful for any P erson to l ea< ^5 ride or drive any horse or horses, mule or faster walk. ] A similar rule applied to bridge at Frankfort bj 1863, ch. 275. * Not in the statutes as printed. OF BRIDGES. 289 mules, faster than on a walk over any bridge belonging to or under the control of this state, which is now or may hereafter be erected over any canal, canal feeder, stream or river thereof. 777. (Same ch., 2.) No person shall hereafter drive cattle, any cattle across any bridge or bridges referred to in the first section of this act, at a faster rate than upon a walk, and shall not in so driving them over, permit more than twenty- five cattle to be upon any such bridge at one time. 778. (Same ch., 3.) Any person violating either of the penalty, provisions of this act shall be liable to a penalty, for each offense, fifteen dollars, to be sued for and recovered in any court having cognizance thereof, by the contractor, in the name of the people of this state, whenever such bridge or bridges, where the offense shall be committed, shall be embraced within his repair contract, and in all other cases by the superintend- ent of canal repairs. Such penalty when recovered shall be credited to the state in the first settlement thereafter of the accounts of such contractor or superintendent with the state. 779. (1872, ch. 784, 1.) The canal commissioners are Brld g e3 hereby authorized and directed to maintain and protect the Bif k bridge across Black river, between the towns of Lowville and river * New Bremen, known as the Illing worth bridge ; also the bridge between the towns of Lowville and Watson, known as Beach's bridge ; that before proceeding to maintain or protect said bridges, the canal commissioners shall require and receive ft full and sufficient release legally executed, acknowledged and delivered, free of expense to the state, of all claims for dam- ages in consequence of the construction of such bridges or of the approaches or embankments of the same, and also a good ind sufficient license or permission to the state, duly executed, acknowledged and delivered as aforesaid, to alter, raise or change such bridge, approaches or embankments whenever necessary, which necessity is to be determined by the canal commission- ers, from all persons whose property, rights or interests may be effected by e ich bridge, approaches or embankments. 1 1 For previous legislation, relating to these bridges on Black river, see Laws of 1828, ch. 136 ; 1866, ch. 602 ; 1869, ch. 867. For statutes relating t Parker's Landing bridge, see 1865, ch. 708 : 1866, ch. 493 ; 1867, ch. 963 ; 1869, ch. 877, and 1872, ch. 850. For other statutes, relating to bridges across Black river, see 1821, ch. 107; 1857, ch. 429 ; 1858, ch. 115 ; 1860, ch. 213, and 1804, ch. 174. 37 290 REGULATIONS AND PENALTIES. Fort MI- 780. (1837, ch. 391, 1.) It shall not be lawful for the ler bridge free to F O rt Miller Bridge Company to demand or receive any tolls canal em- r > < pioyees. from any persons, for passing the tow-path bridge connected with the bridge of the said company, who may be actually em- ployed by the state in superintending or repairing the Cham- plain canal (or who may be navigating the same). 1 Tow-path bridge, Cohoes. Canal across Water street, West Troy, and bridge. 781. (1853, ch. 393, 1.) The canal commissioners are hereby authorized to construct a tow-path bridge, under the direction of the canal board, across the Mohawk river at the village of Cohoes. The canal board are also authorized to make such arrangement with the inhabitants of said village of Cohoes as they deem proper, whereby the said inhabitants may be permitted to contribute to the building of said bridge so much as to satisfy the state for constructing an additional wagon track or tracks for the use of said inhabitants." 782. (Same ch., 2.) The state shall retain the control of said bridge, and it shall at all times be subject to such alter- ations as the proper officers, under the direction of the canal board, may choose to make ; the inhabitants shall contribute their proportion to the repairs of said bridge." 783. (1869, ch. 425.) Richard F. Hall, John A. Russell and George B. Moshier are hereby authorized to open and maintain a canal across Water street, between Genesee and Huron streets, in the village of West Troy, to connect the waters of the canal basin, of which the said persons are part owners, with a side-cut canal on the premises of the parties aforesaid, providing the said canal across Water street shall not exceed twenty feet in width, and providing that the par- ties aforesaid shall properly dock the same, and shall place 1 Laws of 1827, ch. 219, 39, prohibiting the driving of horses or cattle over the towing-path bridge across the Hudson river, near the Fort Miller bridge, except for purposes connected with navigation, and imposing pen- alties, seems to be still in force. The rest of the act was repealed ; 1828, 2d Session, ch. 21. As to the present use by the state of towing-path bridge of Fort Miller Bridge Company, see canal board proceedings, 1869, page 250. As to bridge over Genesee river, at Mount Morris, see canal board pro- ceedings. 1870, page 210. * For laws relating to Cohoes bridge, see Laws 1806, April 4th ; 1825, ch. 227, 2; 1829, chs. Ill and 202; 1835, ch. 255; 1841, ch. 190. See, also, canal board proceedings, April, 1841, July, 1845, July and Octo- ber, 1853, June, 1854, March, 1860, and report and petition adopted May 3d. 1860. OF INJURIES TO STRUCTURES. 291 and maintain a bridge across the said canal at Water street aforesaid for the convenience of public travel. OF WHARVES, BASINS, ETC. 784. (R. S., 177.) No person, without the written per- wharves, mission of a canal commissioner, shall construct any wharf, etc. ms basin or watering place, on any canal, or make or apply any 'device whatever, for the purpose of taking water from a canal ; and every wharf, basin, watering place or device, constructed with such permission, shall be held during the pleasure of the canal commissioners, and be subject to their control. 785. (R. /, 178.) Every person who shall construct any p ena it y . such wharf, basin, watering place or device, without permis- sion, or who shall omit to conform to the directions of the commissioner granting such permission, shall for each offense forfeit the sum of twenty-five dollars ; and in every such case, the canal commissioners may remove or destroy the construc- tion illegally made, at the expense of the person making it. OF INJURIES TO STRUCTURES. 786. (R. /&, 179.) Every person who shall wantonly injuries to open or shut, or cause to be opened or shut, any lock-gate, or Bridges, any puddle-gate or culvert-gate, thereof, or any waste-gate, or by any means prevent, or attempt to prevent, the free use of any such gate ; and every person who shall wantonly break, throw down, or destroy any bridge, or fence, on a canal, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment ; the fine for each offense, not to exceed one hundred dollars nor the imprisonment six months. 787. (R. , 180.) Every person who shall willfully break, throw down, or destroy any lock, bank, waste-water, dam, aqueduct or culvert, on any canal, shall, upon convic- tion of such offense, be sentenced to imprisonment in the county jail or state prison, at the discretion of the court by whom he shall be tried. The imprisonment shall not be for less than one year, if in the county jail, nor for more than three years, if in the state prison. 788. (R. 8., 181.) Every person who shall lead, ride or Driving , horses on drive any horse, ox, ass, mule, or other cattle, upon the tow- tow path, ing path of a canal, or upon the bank opposite to such towing 63. Barb, path, shall, for each offense, forfeit the sum of five dollars ; ing w 292 MISCELLANEOUS PROVISIONS. but this section shall not be construed to extend to persons towing boats or other floats, or conveying articles unladen, or to be laden, from, or to, a canal. 789. (R. -, 182.) Any person who shall open any gate, water sluice, slide or other passage, which now is or hereafter may port. be constructed to draw water round the locks at Lockport, for the purpose of drawing water from the canal to any mill OB machinery of any kind whatsoever, or for any other purpose than the uses of the canal, shall, for every such offense, for- feit the sum of two hundred and fifty dollars. AKTICLE IX. MISCELLANEOUS PROVISIONS OF A GENERAL NATURE. SECTION 800. Agents, collectors, superintendents, etc., discharged from employment, to deliver up any house, etc., occupied by them, etc. ; books, papers, etc. 801. Proceedings to compel delivery. 802. Who ineligible to office of superintendent, collector, lock- keeper, etc. 803. Canal officers not to be interested in hydraulic works, canal boats, contracts, etc. 804. When charges against canal officers to be investigated, and by whom. 805. Superintendents, collectors, etc., exempt from military duty, and serving on juries. 806. Suits for penalties, etc. , under this title, to be in name of people ; moneys recovered to be paid to the treasurer. 807. If penalty not over fifty dollars, justice has jurisdiction. 808. Definition of the terms " float " and " master " under this title. 809. Executions shall issue for penalties. 810. Recovery of penalty not a bar to damages. 811. Auditor to prepare forms of clearances, etc., and send them to officers on canals. 812. How much water to be taken into a level. 813. How waste- weirs and gates shall be constructed. 814. Willful destruction of boats, etc., with intent to defraud owner or shipper, deemed a felony ; penalty. 815. Destruction by owners, with intent to defraud others, a felony; penalty. 816. Attempt to injure or destroy boats, etc., with intent to defraud, a felony ; penalty. STEAM TOWAGE ON THE CANALS - EUROPEAN SYSTEM. 817. Addison M. Farwell may organize a company to introduce the Europern system of steam-towage. 818. Privileges and provisions. 810. Interference with or injuries to chains or cables, how pun- ished. MISCELLANEOUS PROVISIONS. 293 830. Materials and property used exempt from tolls. 821. System to be introduced within eighteen months or privil- eges granted shall cease. 822. System subject to rules and regulations for navigation. 823. Legislature may alter, modify or repeal. BY CABLES OK BAILS SUSPENDED OVER CANAL. 824. N. W. Kingsley and C. H. Gardner may organize a company to use their system of steam-towage. 825. Privileges and provisions. 826. Materials and property exempt from tolls. 827. System to be introduced within three years or privileges granted shall cease. 828. System subject to rules and regulations for navigation. 829. Legislature may alter, modify or repeal. THE AMERICAN SYSTEM. 830. J. Richmond and W. S. Farwell authorized to form a company to introduce their system of cable towage. 831. Privileges and provisions. 832. Materials and property exempt from tolls. 833. System to be introduced within eighteen months or privileges granted shall cease. 834. System subject to rules and regulations for navigation. 835. Legislature may modify, alter, or repeal. BY STEAM WAGON. 836. D. 0. Williamson allowed five miles of canal to test road steam engine for towage of boats, under direction of com- missioners. COMMISSION TO TEST THE USE OF ANY MOTOR OTHER THAN ANIMAL POWER AND TO AWARD PRIZES. 837. Commission appointed to test and examine inventions or de. vices, which may be practically and profitably used in the propulsion of boats upon the canals ; terms and conditions. 838. Tests not to interfere with navigation. 839. May grant certificates, etc., for prizes. 840. Oath and vacancies. 841. Reasonable expenses to be paid. 842. Payment of certificates. 843. Payment of further certificates when granted. 844. Powers of commissioners extended one year. MISCELLANEOUS PROVISIONS OF A GENERAL NATURE. 800. (R. S., 183.) It shall be the duty of every agent, Agents to toll -collector, lock-keeper or superintendent, employed on any property? canal, and occupying any house, office, building or land, be- longing thereto, who shall be discharged from his employment ; and of the wife and family, of every such person, who shall die in snch employment ; to deliver up the possession of the premi- 294 MISCELLANEOUS PEOVISIONS. ses so occupied, and of all books, papers, matters or tilings be- longing to the canals, acquired by virtue of his office, within seven days, after a notice shall have been served for that pur- pose, by the acting canal commissioner. Proceed- 801. (ft. >&, 184.) In case of a refusal or neglect to make 8UC ^ delivery, * n either of the above cases, it shall be the duty of any justice of the peace, in the county where such premises shall be situate, upon application, to issue his warrant under his hand and seal, ordering any constable or other peace officer, with such assistance as may be necessary, to enter upon the premises so occupied, in the day-time, and remove therefrom all persons found in possession thereof, and to take into his custody all books, papers, matters and things there found, be- longing to the canals, and to deliver the same to the acting canal commissioner, or his authorized agent ; and the officer to whom such warant shall be delivered, shall execute the same according to its purport. who in- 802. (JR. >, 185.) No person owning any hydraulic works dependent upon the canals for their supply of water, or who shall be employed in or connected with any such works, keeper, or who shall be engaged in transporting property upon the mister, canals, or who shall own, or be interested in, any boat, navi- gating the same, shall be employed as a superintendent, lock- keeper, collector of tolls, weigh-master, or other agent upon the canals. canal 803. (R. 8., 186 ; amended, 1843, ch. 181, 1.) No canal not c to be commissioner or other member of the canal board, or superin- ncon- tendent, engineer or person holding any appointment under the canal commissioners or any one of them, or under any su- perintendent of repairs, or other officer on the canals, shall here- after become interested in any hydraulic work dependent on the canals for a supply of water, or become interested in any line of boats regularly navigating the canals, or shall either directly or indirectly become interested in any contract on the canals as a contractor, surety or otherwise, either in his own name or in the name of any other person, or shall either directly or indirectly derive any benefit from the ordinary or extraordi- nary expenditures on the canals beyond his established com- pensation ; and if any canal commissioner, member of the canal board, superintendent, engineer or person holding any appoint- MISCELLANEOUS PROVISIONS. 295 ment under the canal commissioners or any one of them, or under any superintendent of repairs or other officer on the canals, shall at any time hereafter become interested or derive any benefit as aforesaid, he shall forfeit his office or appointment. 804. (1843, ch. 181, 2.) Whenever charges shall be pre- when ferred un.ler the above section, against any engineer or other Selimfstt" officer or person holding their appointment from the canal com- canal com- missioners or any one of them, or from a superintendent of era. repairs or other officer on the canals, it shall be the duty of the board of canal commissioners to investigate the same; and when by whenever charges are preferred against any officer holding his board. appointment from the canal board, it shall be the duty of the canal board to investigate said charges ; and it shall be the duty of said boards, respectively, to dismiss said officers or persons if the charges are sustained ; and all contracts made in violation of this act, are hereby declared to be void. 805. (R. S.. S 187.) Every collector of tolls, the clerks of ' . -'.- tendents, each collector, not exceeding two, having the collector s certm- collectors, cate that they are actually employed by him, and all superin- empt from tendents of repairs, lock-tenders, inspectors of boats and weigh- duties. masters, shall be exempted from the performance of military duty, and jury service, while actually engaged in their respect- ive employments on the canals, while the same are navigable. 806. (R. ^S'., 188; amended 1835, ch. 21, cwd 1848, ch. Penalties, . . how re- 162.) All suits for penalties and forfeitures imposed in any covered. article of this title, or for damages, in behalf of the state, shall be prosecuted in the name of the people of this state, by such persons and in such manner as the [canal board] in their regu- lations, shall direct ; and all moneys recovered therein, shall be accounted for and paid over to [the treasurer of the state], 807. (R. S., 189.) Every such penalty or forfeiture, not Before exceeding the sum of fifty dollars, may be recovered before w any justice of the peace in any county. 808. (R. S., 190.) The term "float," as used in this title, shall be construed to embrace every boat, vessel, raft, or Jf.." floating thing, navigated on the canals, or moved thereon, under the direction of some person having the charge thereof; and the term " master," as so used, shall be construed to apply 296 MISCELLANEOUS PROVISIONS. to every person, having for the time, the charge, control, or direction, of any such float. If any person against whom any penalties, forfeiture shall be recovered under the provisions of this title, shall not immediately pay the full amount of the judgment so obtained, the court by which such judgment shall be given, shall, without delay, issue an execution against his property or person, at the election of the party prosecuting the suit. Penalty no 810. (jK. /&, 192.) The imposition or recovery of any damages, penalty or forfeiture, imposed for the violation of any provi- sion of this title, shall not be considered a bar to the recovery of any damages, resulting from such violation, to the state or to individuals. Auditor to 811. (72. S., 193 ; modified, 1848, oh. 162.) The [audi- forms. tor] shall prepare the forms of all clearances, bills of lading, statements, and other papers necessary to be used under the provisions of this title, and shall from time to time, transmit the same to the different officers and agents on the canal, for whose use they may be required. How much water to be taken. Waste weirs. 812. (R. S., 194.) No more water shall be taken into any level of either of the canals, than shall be sufficient to supply such level during the days of the greatest business, and also to supply any other level of the canal, or other public work of the state, dependent upon such level for a supply of water. ' 813. (J%. #., 195.) Every waste-weir upon the same level as either of the canals, shall be constructed, as nearly as may be consistent with the safety and convenience of the canals, of the same height, but in all cases so, as to leave a depth of at least four feet water in the level ; and there also shall be constructed one waste gate, as nearly opposite to the mouth of every feeder taken into the canal, as the convenient discharge of the water will permit. willful 814. (1870, cA. 299, 1.) If any person or persons shall tion'of willfully or corruptly cast away, burn, sink, scuttle or other- boats, eta., . , J . J , ,, , shall be wise destroy any vessel, canal boat or other craft upon any of a felony, the lakes or other navigable inland waters of this state, or 1 See canal board proceedings, 1868, page 37. MISCELLANEOUS PROVISIONS. 297 upon any canal of this state, with intent to injure or defraud any owner of such vessel, canal boat or other craft, or with intent to injure or defraud the owner or owners ~$ any prop- erty shipped or laden on board the same for transportation, or with intent to injure or defraud any insurer of such vessel, canal boat or other craft, or of any property so shipped or laden thereon, or of any part thereof, the person or persons so offending shall, upon conviction thereof, be deemed and Penalty, adjudged guilty of a felony, and shall be punished by impris- onment in a state prison for a term not less than two years. 815. (Same ch., 2.) Any owner or owners of any vessel, Destruc- caual boat or other craft, or any other person who shall, upon owSers, any of the lakes or other inland navigable waters of this state, tent to ~de- or upon any canal of this state, willfully or corruptly cast others, a away, burn, sink, scuttle or otherwise destroy or injure any such vessel, canal boat or other craft, or in any manner direct, procure or cause the same to be done, with intent to injure or defraud any owner or owners of any property shipped or laden on board the same, or any insurer of such property, or of any part thereof, shall, upon conviction thereof, be deemed and adjudged guilty of a felony, and shall be punished by impris- onment in a state prison for a term not less than two years. 816. (Same ch., 3.) Any person or persons who shall Attempt willfully or corruptly attempt to cast away, burn, sink, scuttle desJr or otherwise destroy any vessel, canal boat or other craft upon any of the lakes or other navigable inland waters of this state, or upon any canal of this state, with intent or design to injure or defraud the owner or owners of such vessel, canal boat or other craft, or the owner or owners of any property shipped or laden on board the same, or any insurer of any such vessel, canal boat or other craft or property, or any part thereof shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished by imprisonment in a state prison for a term not less than one year. 1 STEAM TOWING ON THE CANALS. THE EUROPEAN SYSTEM. 817. (1870, ch. 576, 1.) Permission is hereby granted to A.ddison M. Farwell, of Watertown, New York, his associates and successors, who may organize a corporation under the act 1 For amendt. Rev. Stat. relating to wrecks on any inland lake or river see 1869, ch. 493. 38 298 MISCELLANEOUS PROVISIONS. entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical and chemical pur- poses," passed February 17th, 1848, and any act or acts amendatory thereof, to introduce upon the canals of this state the "European system" of steam towing. 818. (Same oh., 2.) The said Farwell, his associates and successors, who shall organize as provided in previous section, are hereby authorized and empowered to tow boats, floats and cargoes on the canals of this state for hire, and for that pur- pose may purchase and construct, or cause to be constructed, the necessary appliances for carrying on the business of canal towing under the said European method, and shall have the exclusive right and privilege, during the term for which said corporation may be organized, to submerge or place one or more chains or cables on the bottom of the canals of this state, and attach the same thereto in such manner as will not inter- fere with navigation ; and shall have exclusive right to use such submerged chains and cables, designated and known as the European system, in the prosecution of the peculiar method of towing thereby. And whenever and wherever it may be necessary so to do, the said Farwell, his associates and success- ors, or corporation aforesaid, are hereby authorized and em- powered to own and employ other motive power in connec- tion with said chain or cable process, provided the same shall not interfere with navigation. Nothing, however, in this sec- tion contained shall be construed as excluding other parties from the right or privilege of propelling or towing themselves or others by the agency of steamboats, propellers, elevated rail- way or animal power, but simply to vest in the said Farwell, his associates and successors, or corporation organized as afore- said, the exclusive right to lay and use chains or cables in the prosecution of the European system of towing thereby. 819. (Same ch., 3.) Any person who shall meddle with or disturb the chains or cables, authorized to be laid under this act, with intent to injure the same, or in any manner to embarrass the operation thereof, or any person who shall will- fully obstruct or interfere with boats rightfully using said chains or cables, or towed thereby, shall be deemed guilty of a misdemeanor punishable by fine or imprisonment, the fine not to exceed two hundred dollars, and imprisonment not to exceed three months. And any person who shall willfully MISCELLANEOUS PKOVISIONS. 299 injure the chains or cables as aforesaid, or, by other improper conduct, shall detain the boats rightfully using said chains or cables, or being towed thereby, shall be liable, to the parties aggrieved, for all damages occasioned by said injury or deten- tion. 820. (Same ch., 4.) The tugs, with machinery connected therewith, employed by said Farwell, his associates and suc- cessors, or corporation aforesaid, in the prosecution of tow- ing, together with the fuel necessary to the voyage carried thereon, shall be exempt from the payment of tolls. 821. (Same ck., 5.) In case said Farwell, his associates and successors, or corporation aforesaid, shall neglect or fail to introduce said system of towing on the Erie canal within eighteen months after the passage of this act, all rights and privileges herein granted shall cease. 822. (Same ch., 6.) Nothing herein contained shall be construed to exclude the system of towage hereby authorized from the supervision and control of the canal board ; but the same shall be subject to all the rules and regulations from time to time established by the canal board for the navigation of the canals. 823. (Same ck., Y.) The legislature may, at any time, alter, modify or repeal this act. BY CABLES OR RAILS SUSPENDED OVER CANAL. 824. (1870, ch. 655, 1.) Permission is hereby granted to Norman W. Kingsley of New York, and Charles H. Gardner of Brooklyn, their associates and successors, who may organize a corporation under the act entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical and chemical purposes," passed February IT, 1848, and any act or acts amendatory thereto, to introduce upon the canals of this state an improved system of steam towage, by the use of chains, cables or rails suspended over the canal, under a patent or patents to be held or acquired by said corporation, with the exclusive right to use the said sys- tem thereon, during the full term for which the said corpora- tion may be organized. 300 MISCELLANEOUS PROVISIONS. 825. (Same ch., 2.) The said Norman "W. Kingsley, Charles H. Gardner, their associates and successors, as hereto- fore specified, are hereby authorized and empowered to trans- port cargoes, and to tow boats and floats, loaded or unloaded, for hire, upon the canals of this state, at a rate of speed not exceeding four miles per hour, and which shall not work injury thereto, and for such purpose may purchase, contract, erect and use thereon, such boats, boilers, engines, apparatus, suspended rails, chains or cables, and machinery, as shall be necessary to apply and operate said improved system of steam towage, in such manner as shall not interfere with navigation on said canals. Nothing, however, in this section contained shall be construed as excluding other parties from the right or privilege of propelling or towing any boat or float upon the canals of this state by the agency of steamboats, propellers, tugs, chains, cables, elevated railways, engines or animal power, but simply to vest in the said Norman W. Kingsley, Charles H. Gardner, their associates and successors, or corporation organized as aforesaid, the exclusive right to apply and operate the said improved system of towage. 826. (Same ch., 3.) The machinery, engines and boilers used in pursuance of this act, the boats carrying the same, and the fuel necessary for the voyage, shall be exempt from the payment of tolls upon all the canals in this state. 827. (Same ch., 4 ; amended 1871, ch. 903.) In case the said Norman W. Kingsley, Charles H. Gardner, their asso- ciates and successors, or corporation aforesaid, shall neglect or fail to introduce said system of towing on the Erie canal within three years after the passage of this act, all rights and privileges herein granted shall cease. 828. (Same ch., 5.) Nothing herein contained shall be construed to exclude the system of towage hereby authorized from the supervision and control of the canal board, but the same shall be subject to all the rules and regulations estab- lished, and to be established, by the canal board for the navi- gation of the canals. 829. (Same ch., 6.) The legislature may, at any time alter, modify or repeal this act. MISCELLANEOUS PROVISIONS. 301 THE AMERICAN SYSTEM. 830. (1871, ch. 911, 1.) Pel-mission is hereby granted to James Richmond and William S. Farnell, of the city of Lockport, New York, their associates and successors, who may- organize a corporation under the act entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical and chemical purposes," passed February 17, 1848, and any act or acts amendatory thereof, to introduce upon the canals of this state an improved system of cable towage, under a patent or patents to be held or acquired by said corporation, with the exclusive right to use the said sys- tem thereon, during the full term for which said corporation may be organized. 831. (Same ch., 2.) The said James Richmond, William S. Farnell, their associates and successors, as heretofore speci- fied, are hereby authorized and empowered to transport cargoes, and to tow boats and floats, loaded or unloaded, for hire, upon the canals of this state, at a rate of speed not exceeding four miles per hour, and which shall not work unusual and permanent injury thereto, and for such purpose may purchase, construct, erect and use thereon, such boats, boilers, engines, apparatus, chains, cables, structures and machinery, as shall be necessary to apply and operate said improved system of cable towage, in such manner as shall not interfere with navigation on said canal. Nothing, however, in this section contained, shall be construed as excluding other parties from the rights or privileges of propelling or towing any boats or floats upon the canals of this state, by the agency of steamboats, propellers, tugs, chains, cables, elevated rail- ways, engines or animal power, but simply to vest in the said James Richmond and William S. Farnell, their associates and successors, or corporation organized as aforesaid, the exclusive right to apply and operate the said improved system of cable towage. 832. (Same ch., 3.) The machinery, engines and boilers, used in pursuance of this act, tlie boats'carrying the same, and the fuel and materials necessarily used in propelling the necessary boats and machinery to operate said towage sys- tem, shall be exempt from the payment of tolls upon all the canals of this state, but in no case shall fuel or material be 302 MISCELLANEOUS PROVISIONS. exempt from payment of tolls, except when on boats actually using the same. 833. (Same ch., 4.) In case the said James Richmond, William S. Farnell, their associates and successors, or corpora- tion aforesaid, shall' neglect or fail to introduce said system of towage on the Erie canal, within eighteen months after the pasage of this act, all rights and privileges herein granted shall cease. 834. (Same ch., 5.) Nothing herein contained shall be construed to exclude the system of towage hereby author- ized from the supervision and control of the canal board, but the same shall be subject to all the rules and regulations established, and to be established, by the canal board, for the navigation of the canals. 835. (Same ch., 6.) The legislature may, at any other time, repeal, alter or modify the provisions of this act. BY STEAM WAGON. 836. (1872, ch. 550, 1.) The canal commissioners are hereby authorized and directed to allot and set out to D. O. Williamson a distance on the Erie canal of not less than live miles, at such point as may be most convenient and suitable, for the purpose of experimenting with his road steam engine for the towage of boats, said experiments being made under the direction of said commissioners. COMMISSION TO TEST THE USE OF ANY MOTOR OTHEK THAN ANIMAL POWER, AND TO AWARD PRIZES. 837. (1871, ch. 868, 1.) ' George B. McClellan, Horatio test new Seymour, Erastus S. Prosser, David Dows, George Geddes, of e propui- Yan R. Richmond, Willis S. Nelson, George W. Chapman, boats. William W. Wright and John D. Fay, are hereby appointed a commission to practically test and examine inventions, or any and all devices which may be submitted to them for that purpose, by which steam, caloric, electricity, or any other motor than 'animal power, may be practically and profitably 1 "An act to foster and develop the internal commerce of the State, by in- viting and rewarding the practical and profitable introduction upon the canals of steam, caloric, electricity, or any motor other than animal power, for the propulsion of boats." MISCELLANEOUS PROVISIONS. 303 used and applied in the propulsion of boats upon the canals ; said examination and tests shall be had by the said commis- sioners at such time or times during the season of canal navi- gation, for the years eighteen hundred and seventy-one and seventy-two, as they may order and direct ; said commissioners shall have the right, and they are hereby expressly required, to reject all such inventions or devices, if in their opinion none of the said inventions or devices shall fully and satisfac- torily meet the requirements of this act ; but said commis- sioners shall demand and require : First, The inventions or devices to be tested and tried at their own proper costs and charges of the parties offering the same for trial. Second, That the boat shall, in addition to the weight of the machinery and fuel reasonably necessary for the propulsion of said boat, be enabled to transport, and shall actually transport, on the Erie canal on a test or trial exhibition, under the rules and regulations now governing the boats now navigating the canals, at least two hundred tons of cargo. Third, That the rate of speed made by said boat shall not be less than an average of three miles per hour, without injury to the canals or their structures. Fourth, That the boat can be readily and easily stopped or backed by the use and power of its own machinery. Fifth, That the simplicity, economy and durability of the invention or device must be elements of its worth and useful- ness. Sixth, That the invention, device or improvement can be readily adapted to the present canal boats ; and, lastly, that the commissioners shall be fully satisfied that the invention or device will lessen the cost of canal transportation and increase the capacity of the canals. Any means of propulsion or towage other than by a direct application of power upon tlfe boat, which does not interfere in any manner with the present method of towage on the canals, and complying in all other respects with the provisions of this act, may be entitled to the benefits thereof ; but this shall not be construed to apply to the system known as the Belgian system, or to any mode of propulsion by steam engines or otherwise upon either bank of the canals. 838. (Same ch., 8 2.) No such test shall be made if the Not to T i 1 j -u- j j i ru same shall in any manner retard, hinder, or delay the passage -i-ii of boats navigating the canals under the present system. hinder naviga- tion. 304 . MISCELLANEOUS PROVISIONS. Maysrant 839. (Same ch., 3.) If the commissioners herein ap- cates,eto. pointed shall, upon such examination and test as is provided for in the first section of this act, conclude and determine at any time that one or more inventions or devices aforesaid, but not to exceed three in number, shall be in all respects a full and satisfactory, practicable and profitable adaptation to the wants of the canals by reason of a new, useful and economi- cal means of propulsion for boats within the meaning of this act, it shall then, and not otherwise, be their duty to grant unto the owner or owners of such inventions or devices, his or their attorney, their certificate or certificates under their hands as such commissioners, that they have so determined and ad- judged to the owner or owners of the invention or device which, in the judgment of said commissioners, possesses in the greatest degree of perfection the requisites mentioned in the first section they shall grant a certificate which shall be known as certificate No. one ; and to the owner or owners of the next best invention or device, they shall grant a certificate as afore- said, which shall be known as certificate No. two ; and to the owner or owners of the third best invention or device, they shall grant a certificate as aforesaid, which shall be known as certificate No. three. oath and 840. (Same ch.j 4.) Before entering upon the duties of his office each of the commissioners herein named shall take and subscribe an official oath, which shall be filed at once in the office of the secretary of state. Any vacancy arising from any cause in said commission, may be filled, on the application of the remaining commissioners, by the governor. Reason- 841. (Same ch., 5.) The reasonable expenses of the said pensesto commission, not exceeding in all the sum of five thousand dollars, to be determined by the said board, shall be paid out of any sum which may be awarded to the person or persons receiving the certificates mentioned in the third section of this act, in proportion to the amount awarded to the holders of said certificates, providing such certificates shall be granted ; and if no such certificate shall be granted, then the same shall be paid by the treasurer on the warrant of the comptroller out of any moneys in the treasury not otherwise appropriated. Payment 842. (Same ch., 6.) Upon the production by the owner cates! ' or owners, or his or their attorney, of such certificate or cer- MISCELLANEOUS PROVISIONS. 305 tificates as may be granted under the provisions of this act, to the comptroller, he shall draw his warrant upon the treasu- rer of the state of New York for the sum of fifty thousand dollars, payable to the said owner or owners of said inven- tion, device, his or their attorney, out of any money in the treasury not otherwise appropriated, in case but one certificate shall have been granted by said commissioners. If two cer- tificates shall have been granted and no more, then the said comptroller shall draw his said warrant upon the said treasurer for the sum of thirty-five thousand dollars, payable to the owner or owners of certificate No. one ; and said comptroller shall also draw his said warrant upon the said treasurer for the sum of fifteen thousand dollars, payable to the owner or owners of certificate No. two. If three certificates shall be granted by said commissioners, then and in that case the said comptroller shall draw his said warrant upon the said treasurer for the sum of thirty thousand dollars, payable to the owner or owners of certificate No. one ; and one of fifteen thousand dollars, payable to the owner or owners of certificate No. two ; and one of five thousand dollars, payable to the owner or owners of certificate No. three. 843. (Same ch.. T.) If on or before the first day of Payment * of further November, eighteen hundred and seventy-three, the commis- certm- * ' cates sioners hereinbefore named shall, upon due examination, find and determine that the said invention or device has been suc- cessfully operated upon the canals, and has been or will be largely adopted as a motor on said canals by reason of its supe- riority over any other known method of propulsion, then and in such case they shall grant a further certificate of that fact, and the comptroller, upon its presentation to him, shall draw his warrant upon the treasurer of the state for the further sum of fifty thousand dollars, payable to the said owner or owners of the said device, his or their attorney, out of any money in the treasury not otherwise appropriated ; but in case of the granting by said commissioners of more than one certificate, as stated in section six of this act, then and in that case the sum of fifty thousand dollars, mentioned in this sec- tion, shall be divided among and paid to the owners of the said certificates in the proportion, and in the manner as stated in section six of this act. 39 306 OF THE STATE ENGINEER AND SURVEYOR. Powers of 844. (1873, ch. 480, 1.) Chapter eight hundred and sixty- sioners eight of the laws of eighteen hundred and seventy-one, enti- continued J for one tied " An act to foster and develop the internal commerce of year. the state, by inviting and rewarding the practical and profita- ble introduction upon the canals of steam, caloric, electricity, or any motor other' than animal power, for the propulsicsi of boats," is hereby amended so as to continue the powers of the commissioners appointed therein one year beyond the time limited by sections one and seven of said act. 1 [AKTICLE X.] OF THE STATE ENGINEER AND SURVEYOR, THE DIVISION, RESIDENT, AND ASSISTANT ENGINEERS AND THEIR DUTIES. SECTION 850. State engineer and surveyor ; term of office. 851. To collect and preserve maps, plans, surveys, etc. 852. Maps, etc., to be subject to public inspection. 853. Office, where to be kept. 854. Powers and duties. 855. To have supervision of the engineer department. 856. Duties of division, resident and assistant engineers. 857. Fraud or misconduct by, how investigated. 858. Salary of state engineer and surveyor ; travel fees. 859. May employ clerks, their compensation. 860. To visit and inspect all the canals and make suggestions for their improvement and maintenance. 861. To cause maps, plans, etc., to be made before location, with his opinion thereon. 862. Division engineers to frequently pass over and inspect the canals, and make suggestions to officers in charge. 863. Division engineers to make maps, plans, etc., to be submitted to the canal board. 864. Division engineers to make estimates, etc., before the letting of contracts. 865. Duties of resident engineers. 866. Duties of assistant engineers. 867. Resident and assistant engineers to be under supervision of division engineer. 868. Removal of engineers, how made. 869. Suspension of engineers, how made. 870. Annual report of state engineer and surveyor. 871. Certain laws and parts of laws repealed. 872. Penalty for making false estimates. 873. Deputy state engineer and surveyor, his powers and duties. 874. Contracts for enlargement to be closed September 1st, 1862. 1 By concurrent resolution, 1872, May 8th, this commission was directed to examine and report upon the plans of a submerged cable, etc., known as the European or Belgian system. OF THE STATE ENGINEER AND SURVEYOR. 307 875. Plans for enlargement not to be changed. 876. No more than one division and resident engineer to be em- ployed on each division ; appointment and compensation ; state engineer and surveyor to prescribe duties. 877. Temporary assistance may be employed ; statement of to be filed ; engineers to give bond ; advances to engineers. 878. Duties of engineers. Compensation and expenses, how paid. 879. Rank of engineers. 880. Resident engineer Chenango extension. 881. Duties. 882. To give bond. OF THE STATE ENGINEER AND SURVEYOR. 850. (Const., Art. V., 2.) A state engineer and sur- Term of veyor shall be chosen at a general election, and shall hold his office two years, but no person shall be elected to said office who is not a practical engineer. 851. (1840, ch. 259, 1, modified 1848, ch. 72.) The [state Topre- engineer and surveyor] is hereby authorized and required to maps, collect and preserve all maps, plans, drawings, levels and sur- veys of every description made and to be made for the use of the state. 852. (1842, ch. 120, 2.) The maps, drawings and other subject to documents deposited as herein provided, shall be subject to the tion. ec ~ inspection of the public officers and citizens of this state, at all reasonable hours, but shall not be removed or taken away from the office. 853. (1848, ch. 72, 1.) The office of the state engineer offices, and surveyor shall be kept in the new state hall, and the trustees thereof shall assign a suitable room or rooms therein for his use. 1 854. (Same ch., 2.) The state engineer and surveyor Powers shall possess all the powers, and discharge all the duties pre- duties, scribed or required by law to be discharged by the surveyor- general prior to the first day of January, eighteen hundred and forty-eight, except his powers and duties as a commis- sioner of the canal fund. 1 Laws of 1840, ch. 295, provides that the trustees of the new state hall, shall assign apartments therein to the secretary of state, comptroller, trea- surer, attorney-general, the canal board and the canal commissioners. 308 OF THE STATE ENGINEER AND SURVEYOR. super- 855. (Same ch., 3.) The state engineer and surveyoi engineer shall have the general supervision of the engineer department, menY. and shall perform all such duties in relation to the canals, as shall be required by the canal board, and shall visit and inspect the public works of this state as often as in his judgment it shall be necessary. Duties of 856. ( Same ch., 6 ; modified 1865, ch. 477.) Whenever neere. any division, resident or assistant engineer shall be required by the canal board or the canal commissioners, or the acting com- missioner on his division of the canals, to perform any ser- vice in the line of his duty, he shall perform the same under the supervision of the state engineer and surveyor, * * , 1 Frauds to 857. (Same ch., 8 ; amended 1848, ch. 162, 11.) When- be investi- gated. ever the state engineer and surveyor, or either of the canal commissioners shall suspect any fraud or misconduct on the part of any engineer or assistant, in relation to the public works, it shall be his duty to report the same to the canal board, who may employ so many and such agents and engineers as they deem proper, to aid them in the investigation of the matter, and draw on the [treasurer on warrant of the auditor] for their compensation, and the expenses of such investigation. salary and 858. (Same ch., 11.) There [shall! be allowed and paid travel fees ^ * ' ,\ of state to the state engineer and surveyor an annual salary of two engineer and sur- thousand five hundred dollars, to be paid out of the canal fund veyor. quarterly, to commence on the first day of January, 1848, be- sides travel fees at the same rate as those allowed each of the canal commissioners, but such travel fees shall not exceed two hundred dollars in any one year. 8 May em- 859. (1848, ch. 381, 1.) *' * The state engineer clerks. and surveyor, may until it is otherwise provided by law, from time to time, employ one or more clerks in his office in like manner as other state officers, and as respects the business of their respective offices, authorized to do, the compensation of which clerks shall not in the whole exceed the sum of one thousand five hundred dollars, and shall be payable each quar- ter of a year in ratable parts. * * * 1 See 293, ante. 9 The word " shall " omitted in statute as printed. OF THE STATE ENGINEER AND SURVEYOR. 309 860. (1850, ch. 377, 5.) The state engineer and surveyor state en- Bhall visit and carefully inspect all the canals of this state, at visit ail least once in each year, and shall make such additional visits and examinations of the whole or any portion thereof, and shall communicate to the canal board and to the canal commis- sioners such information and suggestions, from time to time, in relation to the improvement and maintenance of the canals, as he may deem the public interests to require. 861. (Same ch., 6.) Before any line for the enlargement surveys, of the Erie canal, the construction or the improvement of any tobe 3 ' lateral canal or any sections thereof, not already under con- tract, shall be finally located, the state engineer and surveyor shall cause such surveys, maps, plans, specifications and esti- mates of the expense of constructing the prism and banks of the canal, and of the mechanical structures required to be built thereon; or shall in his discretion revise such maps, specifications, and estimates of surveys previously made, as will render it practicable readily to determine the line of canal, and the plan of constructing the same, and the kind and plan of the mechanical structures that should be adopted, and shall communicate the same to the canal board, with his opinion in relation thereto, in writing, together with his opinion as to the time when the public interest requires that the construc- tion of such line or portion of the canal should be commenced, and the time when the same should be completed. 862. (Same ch., 7.) It shall be the duty of each division D $if* n of engineer frequently to pass over and carefully inspect all the engineer, canals embraced in the division under his charge, and to exam- ine, and if necessary review all surveys, maps, profiles, ad- measurements, plans, specifications and estimates made in reference thereto by any engineer employed on said division, and to see that the engineers and overseers of work employed thereon faithfully perform their duties. The division engi- neers shall make to the state engineer and surveyor and to the canal comissioner in special charge of the division, and to the superintendents of repairs, such suggestions in relation to repairs and the plan of making the same as will, in their opin- ion, most tend to a safe and economical maintenance of the navigation of the canals. 310 OF THE STATE ENGINEER AND SURVEYOR. Duties of 863. (Same ch.. 8.) The division engineer shall, under division , j / -i . engineers, me direction of the state engineer and surveyor, make or cause to be made all surveys, maps, plans, specifications and estimates that may be necessary or required by the canal board or canal commissioners to determine the proper location of the line of the canal, or any portion thereof, on their re- spective divisions, or that may be necessary preparatory to placing any work under contract for construction, and shall transmit a copy thereof to the state engineer and surveyor, who shall upon a due inspection and revision submit the same to the canal board with his approval indorsed thereon, and on obtaining thereon their certificate of adoption, he shall file the same in his office. Letting 864. (Same ch., 9.) Before any work shall be contracted and con- l - , -i /. -i . strutting for on any 01 the canals of this state, the division engineers shall ascertain or cause to be ascertained with all practicable accuracy the quantity of embankment, excavation, masonry and the quantity and quality of all materials to be used, and all other items of work to be placed under contract, a state- ment of which, together with maps, plans and specifications corresponding with those adopted by the canal board and on file in the office of the state engineer and surveyor, shall be publicly exhibited to persons proposing for the work to be let. The quantities so exhibited shall be used in determining the value of the propositions received, and after the contracts shall have been awarded, said statement of quantities, together with the maps, plans and specifications and all other papers relating to the work advertised, and which were exhibited as afore- said, and are necessary to identify the plan and extent of the work so awarded, shall be filed in the office of the state engi- neer and surveyor, accompanied with the certificate of the division or resident engineer, stating the time and place they were so exhibited. No alteration shall be made in any map, plan or specification adopted by the canal board, and so exhib- ited, or the plan of any work under contract during its pro- gress, except by the consent and approval of the commissioner and the division engineer, nor unless the description of such alteration and the approval thereof be reduced to writing and be signed by the parties making the same, and a copy thereof shall have been filed in the office of the state engineer and gurveyor. Nothing in this section contained shall be construed to authorize any change of plan that shall increase the expense OF THE STATE ENGINEER AND SURVEYOR. 311 of the work, or create any claims against the state for dam- ..ges arising therefrom, unless a written statement setting forth the objects to be attained by such change and the expense thereof shall have been submitted to the canal board, and their assent at a meeting in which the state engineer and surveyor were present, shall have been obtained. 865. (Same ch.. 10.) It shall be the duty of the resident Duties of . ,. T ,. . resident engineers under the immediate direction 01 the division engi- engineers neers, respectively, to survey, lay out, measure and compute the quantities of all work ordered by the canal board or the canal commissioners to be surveyed for location, construction or other purposes, to assist the division engineer so far as may be necessary in making maps, plans, specifications and esti- mates, to see that the work done on the several subdivisions is well and faithfully performed by the contractors, and in all respects strictly according to the terms of the contracts, and on the completion of the same they shall accurately ascertain the quantity of the several items of work done and the amount at the contract prices, and shall present to the canal commis- sioner or the division engineer a final statement thereof in such form duly verified as shall be prescribed by the auditor of the canal department ; each resident engineer shall enter or cause to be entered in a book which shall be furnished for that purpose by the state engineer and surveyor, all of the field notes and computations of the items of work done on the sub- division under his charge, with such recapitulations, diagrams and other illustrations as may be necessary to render the same intelligible, together with a statement of the total quantity of each item of work done and the amount thereof at the con- tract price, and the aggregate amount at contract prices of the work done by each contractor, which entry shall be made in due form and properly certified by the several engineers who may have made it within three months from the time the final statement mentioned in this section shall have been prepared, and the book or books containing such entries shall within one hundred days after the completion of the work on each subdi- vision, be properly indexed and filed in the office of the state engineer and surveyor. The resident engineers shall severally perform such other services in the line of their duties as shall from time to time be required by the state engineer and sur- veyor, or the division engineer in charge of the subdivision on 312 OF THE STATE ENGINEER AND SURVEYOR. which they may be located, and in case of the absence or in- ability of the division engineers to act, the resident engineer shall discharge the duties of such division engineer so far as relates to the subdivision assigned to said resident engineer. Duties of 866. (Same ch.^ 11.) It shall be the duty of the first assistant engineer, when directed by the resident or division engineer, to lay out and accurately measure and compute the quantities of the several items of work done or to be done, in constructing the public work within the limits severally assigned to them, to see that the work is, on the part of the contractors and others connected therewith, faithfully performed, and in all other respects to aid and assist the resident engineer, in the discharge of his duties as prescribed in the preceding section of this act, and to perform such other service in the line of his duties as the resident or division engineer may from time to time require. Duties ofi 867. (Same ch., 12 ; modified 1865, ch. 477.) Whenever engineers, any resident or first assistant engineer, shall by the canal com- missioner in special charge of the division upon which they may be located, be required to perform any service in the line of their duty other than is in this act contained, they shall severally perform the same under the supervision of the division engineer. * * * Removal 868. (Same ck., 13.) The canal commissioner in special neersf " charge of a division shall have power, with the concurrence of the state engineer and surveyor, to remove for cause any engi- neer employed on such division. suspen- 869. (Same ch., 14.) The canal commissioner in special engineers, charge of a division shall have power, with the concurrence of the state engineer and surveyor, to suspend any engineer on such division for misconduct or neglect of duty, and to appoint another to discharge the duties during such suspension. The state engineer and surveyor or commissioner who with the concurrence aforesaid shall suspend any engineer, as aforesaid, shall forthwith report the same to the canal board, with his reasons therefor, and serve a copy of such report on the engi neer so suspended. The canal board shall hear the proofs and allegations of the parties, and discharge or retain such engineer as they may deem right. OF THE STATE ENGINEER AND SURVEYOR. 313 870. (Same tallyman's County, affidavit. A. B. and C. D., of , in the county of , being duly and severally sworn, each for himself, 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 furnished 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 cor- rectly made out, and the total footing of the articles entered thereon, paying toll by weight, is pounds. And the said C. D. saith 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. REG. ISTo. 2. (Amended April 5th, May 12th, June 14th and July 8th, 1864 ; May 9th, 1865 ; June 17th, 1868 ; May 3d, 1870 ; August 17th and November 23d, 1871 ; May 29tii and June 19th, 1872.) Boats with No boat drawing more than six feet of water shall be !ir!ft e o r f cleared after the 1st day of June, 1864, by any collector h^hi than on tne Erie, Oswego, and Cayuga and Seneca canals (and the provided draft of water of boats navigating that portion of the Cayuga cieared b by and Seneca canal between Geneva and Waterloo is limited to collectors. fj ve f ce ^ an( j two inches, with power to the commissioner in charge to increase the said draft, as the condition of the water in the lake and river may permit) ; and hereafter no boat draw- ing more than four feet four inches depth of water going south, REGULATIONS. 335 or more than three feet ten inches going north, shall be cleared by any collector on the Champlain canal (with power to the commissioner in charge to increase the draft of boats going south to four feet six inches whenever he deems such increase advisable) ; and no boat drawing more than four feet of water shall be cleared by any collector on the Chemung canal and feeder (when moving north) ; and no boat drawing more than three feet and six inches of water shall be cleared by any col- lector on the Chemung canal and feeder (when moving south), the Crooked Lake canal, Chenango canal, Genessee Valley canal, Black river canal, Oneida river improvement, and the Oneida Lake canal and feeder ; and that it shall be the duty of every collector, superintendent, inspector and weigh-master, to cause every boat found violating the regulation on this subject, to be so far unloaded as to bring her within the prescribed limits ; and in every case where a boat is so unloaded, the fact shall be entered on her clearance, with a statement of the portion of her cargo taken off ; and in every case where a boat shall be found drawing more water than six feet, five feet and two inches, four feet and six inches, four feet and four inches, three feet and ten inches, and three feet and six inches, as provided in this regulation, or as may be prescribed by the commissioner in charge in the cases above named, her master or owner shall be subject to a penalty of twenty-five dollars to be imposed and collected by any and every collector, superintendent, inspector, and weigh-master, who may at different times and places detect such overdraft, and every collector shall enter upon the clear- ance the draft of water of every boat at the time of such clear- ance. 1 HEIGHT OF BOATS ALLOWED ON THE ERIE, OSWEGO, AND THE CAYUGA AND SENECA CANALS. No boat or other craft whose height or distance from the water line of such boat or craft to the top thereof shall exceed eleven feet and three inches ; and no loaded boat or other craft whose cargo, or any part thereof, is so arranged or placed on such boat or craft so that the top or extreme height of the same shall exceed eleven feet and three inches from the water line of such ladened boat or craft : and no steamboat, tug or other craft propelled by steam, whose height when the top of the deck, machinery, fixtures, or other apparatus shall exceed eleven feet and three inches, shall be allowed or permitted to navigate the Erie, Oswego and Cayuga and Seneca canals. HEIGHT OF BOATS ALLOWED ON THE OTHER CANALS. No boat or other craft whose height or distance from the water line of such boat or craft to the top thereof shall exceed nine feet ; and no loaded boat or other craft whose cargo, or any part thereof, is so arranged or placed on such boat or craft 1 See note on next page. 336 CANAL BOARD. so that the top or extreme height of the same shall exceed nine feet from the water line of such ladened boat or craft, and no steamboat, tug, or other craft propelled by steam, whose height when the top of the deck, machinery, fixtures, or other appara- tus shall exceed nine feet, shall be allowed or permitted to nav- igate the Champlain, the Chemung canal and feeder, the Crooked Lake canal, the Chenango, the Genessee Valley, and the Black river canals, the Oneida river improvement, and the Oneida lake canal and feeder. 1 Owners, REG. No. 3. Owners, masters or navigators of boats or rafts, masters, . -, ; , . , . etc., when passing on any 01 the canals, are required to stop with their and'ex- boats or rafts at every collector's, weigh-master's and inspector's ciear- thelr ffi ce > an( i exhibit their clearance or bill of lading ; and on ar- ances. riving 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 situated without obtaining a clear- ance or permit ; except that lumber coming from the foot of the feeder-dam, across the CJiemung river, may be cleared eitJier at Horseheads or Corning, pay ing toll in either case on two miles, for the navigation above the dam. And all other points, excepting the city of Rochester, within one mile of the col- lector's office, shall be deemed to be at the place of such collect- or's office, and the mouth of the outlet of the Seneca lake shall be deemed to be at Geneva, and Black Rock shall be deemed to be at Buffalo ; and all points within the corporate limits of J The original Regulation No. 2 prohibited the clearing of boats drawing, on the Erie, Oswego, and Cayuga and Seneca canals, more than five feet and nine inches of water ; on the Champlain canal, for the smaller class of boats, four feet, and the larger three, feet and nine inches ; on the Chemung (mov- ing north), and the Crooked Lake canals, four feet; and on the Chemung (moving south) and the other canals of this state, three feet and nine inches. By amendments of April 5th and May 12th, 1864, the draft of boats on the Erie, Oswego, and Cayuga and Seneca canals was increased to six feet, on the Chemung (moving north) and the Crooked Lake canals reduced to three feet nine inches, and the provision relating to the " height of boats on the other canals" was added. By resolutions of June 14ih and July 8, 1864, the draft of boats on the Chemung canal (moving north) and on the Crooked Lake (moving north) was restored to four feet, but May 9, 1865, the draft of boats on the Crooked Lake canal was reduced to three feet and six inches. Oh the Champlain canal the resolution of June 17, 1868, allowed boats going south to draw four feet, and those going north three feet and nine inches of water. By resolution May 3, 1870, boats going south on Champlain canal were allowed to draw four feet four inches of water, and going north three feet ten inches, and the commissioner in charge was authorized there- after to allow an increase of depth of water to boats going south to four feet Bix inches whenever he shall deem such increase advisable. August 5,1871, in consequence of low water in Seneca lake, the draft of boats on that part of the Cayuga and Seneca canal extending from Waterloo to Seneca lake was reduced to five feet and nine inches, and Nov. 23d to five feet. May 29, 1872, it was again reduced to four feet nine inches. June 19, 1872, the draft of boats was limited to five feet nnd two inches, and the commissioner in charge authorized to increase the said draft to such extent from time to time as the condition of the water in the lake and river would permit, until the further order of the canal board. REGULATIONS. 337 the city of Rochester, whether the distance from the collector's office exceeds one mile or not, shall be deemed to be at the place of such collector's office, either for taking out or deposit- ing a clearance ; and for every violation of this regulation the owner, master 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 where lost, must be detained until it re-clear and pay the toll for the fslost. nce whole voyage ; or produce a duplicate clearance from the office where its first clearance is claimed to have been issued. REG. No. 4. In all cases where any collector, weigh-master Cargo to or inspector shall ascertain the true weight or quantity of a boat's on c!er- ed cargo he shall certify the same on its clearance ; and in all cases ance - where he shall not ascertain the weight or quantity, he shall indorse on the clearance an order for the boat to stop at the first weigh-lock at which it arrives and be weighed ; but the indorsement of a collector that the cargo 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, measur- ing or counting. REG. No. 5. Boats having been weighed at Albany or West Boats to Troy, going west, shall again be weighed at Utica, Syracuse or weighed Rochester ; and boats having been weighed at any of the west- twlce - ern weigh-locks shall be again weighed at Albany or West Troy (unless the collectors at those places shall be well satisfied, either by administering an oath or by inspection, that the cargo is cor- rectly stated in the bill of lading) ; and boats having been weighed at Waterford shall be again weighed at Albany or West Troy ; and boats having been weighed at either of the last-mentioned places, going north, shall be again weighed at Waterford, except that such boats as enter or leave the Cham- plain canal at Waterford need only be weighed once at that place. And any person having charge of any boat whose cargo pays toll by weight, who shall neglect or refuse to have said boat and cargo weighed, at least once on each trip, in a weigh- lock, shall be subject to a penalty of twenty-five dollars. Under this regulation boats going east passing the Utica Boats to 111 I O ,TC -i -i 1.1. i j it. j. weigh at weigh-lock, and not before weighed, must be weighed at that utica. lock ; and boats cleared east of utica, and destined for or west of that place, if not before weighed must be weighed at the Utica weigh-lock. And any person having charge of any boat whose cargo pays toll by weight, who shall neglect or refuse to have said boat and cargo weighed, at least once on each trip, at the Utica weigh-lock, as above required, shall be subject to a penalty of twenty-five dollars. REG. No. 6. Every boat destined to New York, or any point New in the harbor of New York, which shall not, on its arrival at Albany, West Troy or Waterford, have its cargo in such con- dition, either by the manner of its arrangement on board the boat, or by causing it to be wholly or partially Unladen, that the collector or the inspectors can compare the cargo with the 43 338 CANAL BOARD. Report of frauds. One-third treble toll to be paid to the officer dis- covering the fraud. Each raft or tow to have a clearance. 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 de- liver 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 boat, imme- diately 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 of 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 W ater- ford, be refused a clearance unless the master produce a certifi- cate of the collector in New York to the correctness of the clearance and bill of lading of such down cargo. And the col- lector ill the city of New York shall in no case grant a clear- ance 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. REG. No. 7. Each collector and weigh-master shall make a monthly return to the auditor, specifying the name and master of each boat ; the cargo of which he has discovered to have cleared for less than it actually contains, under circumstances 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 has been found to contain, to give directions that such boat be rigidly inspected at each collector's office and weigh-lock, and that the master thereof be required, when he clears the said boat, in all instances to verity the cor- rectness 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 necessary steps to have the person taking it proceeded against for perjury. REG. No. 8. All treble toll, when collected, shall be accounted for and deposited by the collector, the same as other tolls, the collector specifying each case in which treble tolls are collected in his monthly abstract, with the name of the officer by whom 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 discovered the articles not entered on the bill of lading, and on which treble toll was properly collected under the provisions of existing statutes. REG. No. 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 REGULATIONS. 339 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. BEG. No. 10. Where any boat or other float shall depart rioats from a place where there is no collector's office destined to a Cefn place where there is no such office, and there being no inter- office8 - mediate collector's office, the master of such boat or float shall deliver 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 departed and to which it is destined, and shall, within ten days after arriving at the place of destination, deliver a like 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 col- lector, or to pay such tolls at the time above prescribed, shall, for every such offense, forfeit the sum of twenty-five dollars. Every lock-tender receiving any such bill shall, within three days thereafter, transmit the same to the collector to whom the tolls are to be paid. REG. No. 11. Whenever a boat shall not proceed to the clearance, place to which she is cleared, the clearance of the boat shall be ^en e boat left with the last collector passed in the course of the voyage; stops short and such collector shall give the master or owner a copy of such clearance. When additional toll is collected on a cargo whose clearance is to be deposited with the collector receiving such additional )1 j ow toll, it shall be entered on the certificate book, and the clear- entered, ance of the boat and cargo paying the toll, the same as if the clearance was to be deposited in another office ; and that said additional toll shall also be entered and receipted on the first return clearance of said boat, in which the collector shall enter the number of the clearance on which such additional toll was collected and the name of the office at which such clearance was issued. REG. No. 12. Where any boat, scow or other craft, navi- Boats to gating either of the canals of this state, shall be laden with so thtt ed articles paying different rates of toll, or which articles some of ^ he y ma y which shall be chargeable with toll by weight, and others by venientiy measure or count, it shall be the duty of the master or owner lnspec so to arrange the said lading that the several collectors, weigh- masters and inspectors on canals can conveniently examine and inspect the 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 i)f imposing tolls or detecting or preventing frauds. And in 840 CANAL BOARD. Master to be sworn and ques- tioned. Masters to be sworn by other col- lectors. Master refusing to take oath. Weight of new boats to be as- certained within thirty days. case of the neglect or refusal of any master or owner to com ply 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. REG. No. 13. Every boat arriving at Schenectady, from Albany or West Troy, shall be inspected by the collector at the former place ; or the collector shall, at his discretion, put the master of the boat upon his oath as to the correctness 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 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 clearance 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 ? " 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. REG. No. 14. Every other collector upon any of the canals shall 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 put to ascertain the whole truth in relation to any such boat and cargo, or raft. REG. No. 15. The master or person having charge of any boat or float, who shall refuse to take the oath required by any collector, or shall refuse to answer on oath any question which the collector is authorized to propound, shall be subject to a penalty of twenty dollars. REG. No. 16. The master or owner of every new boat navi- gating any of the canals of the state, and carrying freight, shall, within thirty days after the date of its first clearance, procure to be ascertained by actual weight, at some one of the weigh-locks upon the canals, the true light 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 boat, as ascer- tained 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 REGULATIONS^ 344 distinctly marked on each side, at the bow, stern and midships, at the water surface of such three and a half feet, three feet and nine inches, four feet and five feet and nine inches, 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 neglect or omission. REG. No. 17. Every boat before being weighed for the pur- Boat to be pose of ascertaining the light weight, shall be as nearly ^er do cleared of the water on board as is practicable with ordinary wood,' etc., care and pains, and every weigh-master and his assistant shall being 6 use all possible vigilance to see that this is done before the wei ^ hed> 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 collector, from the weight of any boat and cargo on account of more water in said boat than when last weighed light. REG. No. 18. Every master or owner of any boat navigat- omission ing any of the canals of the state, who shall omit to cause the ii^ht 4 light weight of his boat to be ascertained in the manner weight, before prescribed, and within the time before limited, shall for every boat owned or navigated by him, the light weight of which shall not be so ascertained within the time aforesaid, 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 sub- ject to the payment of toll by weight. REG. No. 19. Where any boat shall be presented at a weigh- Fraud in lock, for the purpose of ascertaining the light weight of the ^ght. same, in such a condition or under such circumstances as would make the apparent light weight of the boat greater than the 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 offense a penalty of twenty dollars. REG. No. 20. Every weigh-master, or in his absence his assist- Duty of ant, whenever he may believe it necessary, is hereby authorized 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 ascertaining the true meas- urement or weight of the same, or for the purpose of ascertain- ing the correct "light weight of the boat, the boat shall be un- loaded 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 offense, forfeit and pay a penalty of fifteen dollars. 342 C&NAL BOARD. Refusing to go into a weigh lock. Toll when refunded on addi- tion by weigh- lock. Collectors may exam- ine for- warders' books, and the for- warders and their clerks on oath. Refusal of forward- ers. Bills of lading for salt. REG. No. 21. Any person having charge of any boat, who shall refuse to take his boat into a weigh-lock, when required by a collector or weigh-master, shall be subject to a penalty of twen- ty-five dollars. REG. No. 22. Toll will not be refunded on an addition made by a weigh-lock in consequence of using the light weight of a previous year, except in case of an addition made to a cargo 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 refunded on any boat and cargo when such boat shall take a second clearance and pass to her place of destination by a route longer or shorter than that by which such boat was first cleared, unless there shall be an obstruction in the navigation by the route first cleared. REG. No. 23. Any collector of tolls upon the canals shall, whenever he for any cause deems it proper or advisable, call upon any persons employed in the forwarding business, at their respective stores or warehouses, and examine the books and accounts kept by such persons, or any books and accounts kept at such store or warehouse of the property 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 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 or com- pany, and in relation to any bills of lading issued by them and presented to any collector upon the canals for the purpose of obtaining a clearance or receipt thereupon. REG. No. 24. If any such person or persons, their agents, clerks or servants, shall, upon the request of any collector, re- fuse to permit their books to be examined, or shall refuse to permit himself or themselves, their agents, clerks and ser- vants, or any of them, to be examined upon oath touching the matters mentioned in the last preceding regulation, the col- lector making such request shall, as soon as may be, communi- cate to the auditor the fact of his having made such request, 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. REG. No. 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 manufac- turer's brand, as marked upon said barrels or casks, shall be correctly and truly set down and specified in the said bill of REGULATIONS. 34.3 lading ; and he shall transcribe into his certificate 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 pre- sented. REG. No. 26. Any person who shall present any such bill of Bi us of lading, with the manufacturer's mark or brand to any salt salt. 08 mentioned therein untruly specified and set down, shall, for every such offense 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. 2D. RELATIVE TO TOLLS UPON PASSENGERS, AND COMMUTATION THEREFOR. REG. No. 27. The auditor of the canal department may per- Auditor mit freight and packet boats to commute for tolls payable upon miTb^atk passengers, according to the established rates, by paying an to co m - additional toll of three mills per mile upon freight boats, and m one cent per mile upon packet boats. REG. ]So. 28. The auditor shall prescribe a form of an agree- Auditor to ment to be executed by the master, agent or proprietor of any ?o?m, I etc. boat or boats, who may elect to commute for the tolls payable upon passengers, and he shall establish such rules as he may deem necessary, in relation to the commutation of tolls upon passengers. REG. No. 29. Such election or agreement to commute shall Election, be made before the tenth day of May in each year, and shall made. continue through the season. REG. No. 30. The collector of canal tolls receiving from the collectors master, owner or proprietor of any boat or boats a consent and cknowi- agreement, shall give to the person from whom he shall receive e f ( f_ ment ' such consent and agreement an acknowledgment, such as shall be prescribed by the auditor of the canal department. REG. No. 31. The master or owner of every boat intended Boat not .1 i . * T commut- to navigate any of the canals 01 the state night and day, or ing may which belongs to any regular line of packet or freight boats, "tate^- who shall not have elected to commute for the tolls upon pas- naent8 - 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 often er, 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 certificate 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 further state the name of the collector's office at which such boat will make its statements of passengers and pay the tolls thereon for the season ; and every such boat shall make its statements of passengers and pay the tolls thereon at the col- CANAL BOARD. State- ments to be made on the canal where boat runs. Duty of collector. Boats, when to pay toll at each office. Auditor may change office elected. Floats to carry lights at night. Where not to top. lector's office named in the said certificate, and to no other, unless as hereafter provided. KEG. No. 32. All boats filing such certificates shall elect to make their statements of passengers and pay the tolls thereon for the season at one of 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 navi- gation, 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 affi- davit then due, and pay the tolls thereon at any other col- lector's office. REG. No. 33. Every collector, to whom any such certificate shall be 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 certificate 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. KEG. No. 34-. Boats running night and day, or belonging to any regular line of freight or packet boats, and which do not pay commutation toll, shall, until they file the certificate required by the 31st regulation, be charged toll on all passen- gers conveyed in such boat in the same manner as required to pay toll on property conveyed. REG. No. 35. The auditor shall, at his discretion, and upon the application of the master or owner of any boat, permit 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. 3D. RELATIVE TO THE NAVIGATION OF THE CANALS. KEG. No. 36. Every boat passing on either of the canals of this state, or on any feeder of either of them, is required, at all 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. KEG. No. 37. No boat or float shall unnecessarily stop, lie by or be moored within twenty rods of any lock, except in a 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. REGULATIONS. 345 KEG. I^o. 38. Any unreasonable or unnecessary delay of a Delay in a boat or float in a lock, or in entering or leaving a lock, shall lock> subject 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 01 it, when other boats or floats are in waiting to pass said lock, shall be consid- ered as having violated this regulation. REG. No. 39. Every boat or float which shall arrive at any Delay in 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. REG. No. 40. In order to protect other boats and the canal /* ill banks and structures from injury, no scow or other boat, here- after to be built and registered, shall be permitted to navigate any canal, unless the whole bow of said scow or boat be con- structed 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 : TO > have cuiar bow FORM A. CHORD 17 FEET 6 INCHES. VERSED SINE * OF THE CHORD. 44 346 CANAL BOAED. FORM B. CHORD 16 FEET. VERSED SINE % OF THE CHORD. FORM O. CHORD 15 FEET. VERSED SINE # OF THE CHORD REGULATIONS. FORM D. 347 CHORD 14 FEET. VERSED SINE OF THE CHORD The master, owner or navigator of any scow or other boat Penalty, used on any of the canals, in violation of this regulation, shall be subject to a penalty of twenty-five dollars, and five dollars additional for every day that such boat shall be run in violation of this regulation. [That boats now navigating the canals of this state, May 8, 1862, not built in accordance with the 40th regulation of this board, be and the same are hereby allowed to be registered the same as if built in conformity with said regulation. That no boat built after the 1st day of July, 1862, in viola- tion of the 40th regulation of this board, for the purpose of navigating the canals and navigating the same, shall be allowed to be registered, and that the auditor be requested to enforce the penalty against any such boat built after the day above specified.] That the collectors of tolls be and they hereby are specially directed not to register any boat or scow after the 1st day of July, 1862, whose bow is not constructed in conformity to regulation No. 40, of the canal board. That on all boats or scows navigating the canals of this state Toils per and used chiefly for the transportation of property, whose bows boatsnot are not constructed of an elliptical or semi-circular form, as required by regulation number forty of the canal board, after the first day of September, 1862, a toll of two l cents per mile shall be imposed, levied and collected. And the collector shall make special entries of the facts upon each clearance, when the rate of toll imposed by this resolution shall be paid. That the collectors of canal tolls and superintendents of Driving on canal repairs be and they hereby are required, and the several etcT P< canal repair contractors are requested to prosecute for all vio- 1 Amended by reducing the rate of toll from " thret; " to " two " cents per mile, by resolution April 15, 1871. See proceedings, C. B., p. 138. 34:8 CANAL BOARD. Filth not to be thrown into canals. Duty of officers to move boats in certain cases. Bafts. At Lock- port. How made up and towed. lations of section one hundred and eighty-one of article nine, title nine, chapter nine of part first of the 1st edition of the Revised Statutes, which prohibits the leading, riding or driving any horse, ox, ass, mule or other cattle upon the towing path of the canals, or upon the bank opposite to such towing-path ; " but this section shall not be construed to extend to persons towing boats or other floats, or conveying articles unladen, or to be laden from or to a canal.'' REG. No. 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 connected therewith ; and a breach of this regulation shall subject the offender to a fine of twenty-five dollars. REG. No. 4:2. In case of 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 re- fusal to comply promptly with his direction in this respect, shall subject the owner, master or person having charge of said float to a penalty of ten dollars. REG. No. 43. No raft or tow of timber, passing on either of the canals and feeders, shall consist of more than six cribs, and no raft or tow of timber shall approach any other raft or tow of timber nearer than thirty rods, unless for the purpose of passing, or to be moored nearer than thirty rods to any other raft or tow of timber which shall be first moored. And such rafts or tows of timber, when awaiting to be locked from the level above the locks at Lockport, shall, in all cases, be moored on the benne side of the canal, and down boats shall be moored in like manner on the towing-path side of the canal, so as to leave a space between the two for the free passage of upward bound boats. When a tow of timber belonging to the same party shall have passed through said locks into the basin at foot of same, it shall proceed immedi- ately east to the wide water below, so as to afford room for other rafts and boats as they pass from the locks into said basin. No raft or tow of timber to be locked through the locks at Lockport, between the hours of seven o'clock p. M., at night, and five o'clock A. M., in the morning, except as the lock-tender of said lock may, in his discretion, allow rafts, well and securely made up, to pass through during the other hours of the day and night. 1 The first and leading crib in every raft or tow of timber, on either of the canals or feeders, shall have 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 1 See note on next page. REGULATIONS. 349 outer edge of the outside stick of such crib of timber. And the tow line shall be elevated on the front end of the raft or tow, at least three feet above the surface of the water. 1 And every violation of either of the provisions of this regu lation shall subject the owner, person or persons having charge of said tow or raft to a penalty of ten dollars. REG. No. 44. Every boat passing on either of the canals Rudder. shall have its rudder so constructed or secured as not to catch or cut the tow rope of a passing boat. And every violation of this regulation shall subject the master or owner to a penalty of live dollars. REG. No. 45. The clearance or permit of every boat or float clearance shall be exhibited to the first lock-tender after such boat or m^ufbe float shall have left the collector's office ; and unless the clear- exhib ited. ance or permit, have 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. REG. No. 46. No person or persons except the lock-tender, Opening shall be permitted to open either of the large gates of a lock, pakdie or the paddle gate, without the permission of the lock-tender. gates- And every person violating this regulation shall be liable to a tine of five dollars. REG. No. 47. Every boat navigating the canals, shall, in To 118 T i ,, . r, , e , . , snub post passing a lock, fasten the bow and stern line to the snub post at locks, on the bank of the lock, until the lock is either filled or emptied, 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. REG. No. 48. The horse or horses of any float navigating speed on the canal shall not pass over a towing-path bridge faster than etcf geSl 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. REG. No. 49. Whenever any float passing on either of the Float over, canals shall approach, within the distance of fifty feet, any turnout? other float, not propelled by steam or other mechanical power, which shall at the time be moving in the same direction, and at a less speed than at the rate of four miles per hour, it shall be the duty of the forward float to turn from the towing-path and give to the rear float every practicable facility for passing ; and to stop whenever it shall become necessary until the rear float shall have passed. " And whenever any float, propelled Float pro- by steam or other mechanical power, shall approach within the steam to distance of twenty feet of any other float moving in the same direction, it shall be the duty of the forward float to turn toward the towing-path and cause their horses or machinery to cease towing or propelling until the rear float shall have passed and have placed a distance of five feet from the stern 1 As amended June 29, 1869. Proceedings, pp. 234 and 236. 350 CANAL BOARD. of the passing float back to the bow of the float which is passed ; and every violation of this regulation shall subject the owner, master or navigator of the float which is passed to pay a penalty of five dollars." ' steam . 1. Boats propelled by steam or other mechanical power on exemp- tne canals of this state, shall be exempt from toll on their ti refer and macm ' ner . v - ences. 2. Such boats shall carry a prominent red light in the night to distinguish them from other boats. 3. The machinery of all boats propelled or drawn by steam upon the canals of this state, and steam tugs used exclusively in the towage of boats thereon, together with the machinery and fuel necessary therefor, shall hereafter be exempt from the payment of tolls." 4. All boats propelled or drawn by steam together with the boats in tow thereof, shall have preference at the locks over other boats and floats, except as otherwise provided by statute. 2 TWO floats REG. No. 50. In all cases where two boats or floats going in opposite directions shall approach each other, in the vicinity a raft. o f a ra f^ m sucn 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 opposite 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 Rfeo.'No. 5L Every boat or float shall be conducted into, through and out of every lock on the canals of this state in a careful 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. Penalty II EG. No. 52. No person or persons shall place on the tow- forpiaoing ino--path, berme bank, or in any canal, feeder or reservoir, or things In ' . / ' . ' oanais or on the banks or any reservoir, or on the ice in any canal, feeder on e ice?etc! or reservoir, logs, timber or other materials, without the per- mission 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 reser- voirs; 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 pen- alty of ten dollars. Mooring REG. No. 53. No person or. persons shall, without the per- fluats. ... . . f 7 j mission 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 (except in a basin) for a 1 As amended April 29, 1869. Proceedings, page 205. * As amended Jan'y 24, 1871. Proceedings, page 45. REGULATIONS. 351 longer period than is reasonable for discharging or taking in the load of such boat or float, without a written permission from the superintendent, or, in his absence, of the collector, weigh-master or inspector. And any person or persons who shall violate this regulation shall be liable to a penalty of ten dollars. REG. No. 54. No person shall, without the permission in Drawing .... n L . . . i ii i materials writing ol a canal commissioner or superintendent, roll or draw from or from or into any of the canals or reservoirs, over the side of o"e struck any lock or aqueduct, or over any structure of masonry, or tures. over the side of any embankment, of any canal, reservoir or feeder, any log, timber or other material. And every violation of this regulation shall subject every person concerned in it to a penalty of ten dollars. REG. No. 55. It shall be the duty of every collector of tolls, Berths, inspector or weigh-master, and if there be no collector, inspec- assTgned tor or weigh-master present, of every superintendent, when- ^, e at8 ever in the opinion of such officer it shall be necessary, to loading or assign berths to all boats when loading, unloading or stopping orstop- ng at any landing place on the canal. And every master, owner P in - or person having charge of a boat who shall refuse or neglect promptly to comply with directions given by a collector, in- spector, 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 permis- sion, shall be subject to a penalty of ten dollars. REG. No. 56. The margin of the canal on each side of the Lit ti e Little basin, near the intersection of the Erie canal with ^ the JjgJay. Hudson 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. REG. No. 57. The masters of all boats arriving at the city Boats of Rochester, laden with staves, which are consigned or are to ^^s. * 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 dol- lars, and the collector or weigh-master at that place may prose- cute for the same in the name of the people of this State. REG. No. 58. No float shall pass either of the locks upon NO lock- the Chernung canal, between the collector's office in the village ^*$ on of Havana and the northeasterly end of the summit level, nor P^ of the Crooked Lake canal, above the village of Dresden, after crooked^ dark or before daylight, without the written permission of a on t ' he canal commissioner or superintendent. And every violation of this regulation shall subject the master or owner to a penalty of ten dollars. 352 CAXAL BOARD. Canal officers to make entry of offenses. Clearances to Che- mung or Crooked Lake canals. Clearances from, etc. May pay tolls at Havana. Name and hailing place of boats not to be changed unless to conform to custom- house registry. Stock, etc. exempt from toll, passing to and from annual state fair. [No boat or float shall pass either of the locks upon the Chenango canal, between the setting of the sun and its rising, without the written permission of the canal commissioner or superintendent in charge. Any and every violation of this regulation shall subject the master or owner to a penalty of twenty-five dollars., 1 ] REG. No. 59. Superintendents, collectors, weigh-masters, in- spectors and lock-tenders are hereby required, on every viola- tion of either of the above regulations, to make an entry of the nature of every offense, 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. REG. No. 60. Masters of boats passing the Cayuga and Sen- eca canal, with cargoes destined to any point on the Chemung or Crooked Lake canals, shall, before they receive a clearance at Havana or Dresden, present to the collector a copy of the original clearance left at Geneva: which copy shall be fur- nished by the collector at Geneva, free of charge. REG. No. 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 cleared 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 de- posited, free of charge. REG. No. 62. Boats passing up the Chemung canal with mer- chandise 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. REG. No. 63. No boat will be permitted hereafter to change its name or hailing place, unle*s it shall be necessary to make the name conform to the United States custom-house registry, by reason of a change of name on the canal, after having been registered at the custom house. And the auditor is hereby authorized to change the name and hailing place of boats, when- ever such change may be necessary to conform to the laws of the United States.* REG. No. 64. Stock, agricultural productions and imple- ments, and specimens of machinery, mechanical work arid man- ufactures, intended for exhibition at the annual state agricul- tural fair, shall be cleared and pass on all the canals, free of toll, to and from the place of holding said fair. 1 Resolution of May 9, 1835. 9 As amended Feb'y 9, 1865. 679. See also Laws 1864, ch. 412, $ 8, ante, REGULATIONS..' 353 4. AUTHORITY OF CANAL OFFICERS TO SUE FOR PENALTIES. 1. COLLECTORS. KEG. Xo. 65. Each collector of tolls upon any of the canals is hereby authorized to prosecute, in the name of the people of this state, for any penalty 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, chapter 9, part first of the Revised Statutes ; and for any penalty incurred by the violation of any or either of the regulations of the canal board, to wit. : regulations Xos. 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 observation, or have good cause to believe, that any of the said penalties have been incurred. * 2. SUPERINTENDENTS. REG. No. 66. Each superintendent of repairs upon any of the canals 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 Xos. 2, 36, 37, 38, 40, 41, 42, 43, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 58 ; and shall prosecute for all such penalties, whenever such superin- tendent shall know, from his own observation, or have good cause to believe, that any of the said penalties have been incurred. 1 3. W EIGH-MASTERS. REG. Xo. 67. Each weigh-master upon any of the canals is hereby 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 : regula- tions Xos. 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. 4. LOCK-TENDERS. REG. Xo. 68. Each lock-tender upon any of the canals is hereby 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 pen- alty incurred by any violation of any or either of the follow- 1 See note (1) on next page. 45 354: CANAL BOARD. Boats en- tering or leaving the canal at Tonawan- da. Boats not to pass guard- lock at Black Rock, without permit or clearance. Boats or vessels passing the look at lower end of Black Kock Har- bor, to pay toll. Oswego office. Boats and rafts, how not to be moored. ing regulations of the canal board, to wit : regulations ISTos. 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. 1 5. MISCELLANEOUS REGULATIONS. REG. No. 69. Boats laden at Buffalo or Black Rock and clearing at Tonawanda, when the canal is navigable from Buf- falo to Tonawanda, whether propelled by steam or horse power, shall be charged the same tolls, to the place of destination, on the cargoes, as if such boats and cargoes were cleared at Buf- falo. And all boats destined to Buffalo or Black Rock and leaving the canal at Tonawanda, shall pay full toll on the cargo to Buffalo from Tonawanda, and no such boat shall be permit- ted to pass from the canal into the river, through the lock at Tonawanda, without a pass from the collector at that place, and the said collector will receive and account for all the tolls pay- able under this resolution. REG. No 70. No boat or other float shall be allowed to pass the guard-lock at Black Rock, unless the master or other person having charge thereof, shall have and present to the lock-tender a permit or clearance from a canal collector ; and every viola- tion of this regulation shall subject the master or other person having charge of such boat or other float, to a penalty of " five dollars," to be sued for and collected by any superintendent of canal repairs, or collector of canal tolls, or by the lock-tender of such lock appointed by the State, if there be any. REG. No. 71. There shall be collected on all canal boats and other boats and floats passing through the lock at the lower end of Black Rock harbor, a toll of " fifty cents " for each lockage ; and on sloops and other like craft, steam tugs, pro- pellers and canal steamboats, passing through the said lock, one dollar for each lockage, and the collector of tolls at Buffalo is hereby authorized to collect the same, provided that nothing herein contained shall authorize the imposition of any lockage upon rafts, or upon vessels or boats laden with property to be transported on the Erie canal, or on such steam tug boats, whilst engaged in the business of towing boats and vessels as pay lockages. REG. No. 72. It is ordered that the collector's office in the city of Oswego, be kept open (during the season of navigation) from 7 o'clock in the morning, until 10 o'clock in the evening of each day.* REG. No. 73. The master, owner or navigator of any boat, raft or any craft, navigating any of the canals of this state, shall 1 The references to " sections " above, are to the 1st ed. R. 8., which may be found in this manual in title 9, of chapter ix, in articles seven and eight, between 678 and 789, The numbers of the section R. S., will be found inclosed in brackets at the beginning of the sections. Adopted February 22, 1864. KEGULATIONS. 355 not use any grappling irons, hooks or anchors, in mooring such boat, raft or other craft to the banks, towing-path, paving, dock- ing, bridge and aqueduct coping, and bridge, or other work or structure of or upon any of the canals of this state ; and a breach of this regulation shall subject the offender to a penalty of twenty-five dollars. And every collector of tolls, superintendent of repairs, weigh- master, inspector or lock-tender upon any of the canals of this state, are, and each of them is hereby authorized to prosecute, in the name of the people of this state, for any penalty incurred by a violation of the above regulation. 1 KEG. No. 74. Whereas, The officer in command of the United States Watervliet arsenal, at West Troy, has represented to this board the great hazard and danger arising from permitting boats, rafts or other craft navigating the canals of this state, having fires on board, to lay moored within the limits of the said arsenal, and by the discharge of fire arms of any descrip- tion while passing through the said limits ; therefore fiesolved, That no boat, float, raft or other craft, navigating Boat* and the canals, shall, under any pretense whatever, be suffered to f s not stop upon the said canal, or be moored there within the limits within* of the said arsenal, and for the distance of ten rods north or wter- of ten rods south of those limits, and every master or person hav- a^nai ing charge of such boat, float, raft or other craft, who shall violate this regulation, shall forfeit the sum of ten dollars, and Penalty, any superintendent of canal repairs, collector of tolls, weigh- master and inspector of boats and their cargoes, upon any of the canals, is hereby authorized to prosecute, in the name of the people of this state, for any penalty incurred by the viola- tion of this regulation ; and such superintendent, collector, weigh-master or inspector shall prosecute for such penalty, whenever he shall know from his own observation, or have good cause to believe that such penalty has been incurred. Tlie board having no authority to prohibit the discharge of fire-arms upon the canal within the limits of the grounds oc- cupied by the said arsenal, by the imposition of penalties, would nevertheless caution all persons upon boats on the canal against any such practice, and earnestly entreat them to abstain from it. The danger of communicating tire to the laboratories within the works, whereby explosions causing terrible results may be produced, should induce every man to observe the greatest care and caution in this respect.* REG. No. 75. That M. D. Raymond, of Clinton, clerk of the powers of collector of canal tolls at Hamilton, on the Chenango canal, cierk C on r>8 be, and he (and his successors in office) is hereby authorized to anai a at enforce all canal laws and regulations as fully and to the same Hamilton. Adopted May 13, 1864. For a decision under this regulation see proceed- incrs. Nov. 13, 1864. 'Adopted May 25, 1864. 356 CANAL BOARD. extent as collectors of tolls or superintendents of canal repairs are now authorized. 1 FaiB REG. No. 76. That the auditor be and he is hereby author- lading? i ze( i to give such directions to the collectors of canal tolls as he shall in his discretion deem proper, and as shall secure the execution of the provisions of section 245 of the canal laws, as published by the canal department in 1863, in a manner which shall not be oppressive to those innocent of an inten- tional evasion or violation of law, and at the same time shall secure a fair and honest compliance with the law requiring true bills of lading to be presented.* Coal for REG. No. 77. The collector of canal tolls at Syracuse may, atsyral' in his discretion, waive the weighing of boats laden entirely cuse. with coal shipped from Watkins for the use of the Salt Com- pany of Onondaga; provided the affidavit of the shipper, stating definitely the quantity of coal in net weight contained in such cargo, be attached to and accompany each bill of lad- ing presented for a clearance, until otherwise ordered by the auditor. 3 Patrol- REG. No. 78. By act chapter 55, laws of 1870, the canal board has power to determine the method or system by which the repairs of the canals shall be made and their management conducted, and power to appoint patrolmen to carry out and enforce the rules and regulations adopted by said board rela- tive to the navigation of the canals, and compel the observ ance of the laws in relation thereto. REGULATIONS IN REGARD TO PATROLMEN. Powers The commissioner in charge shall assign to each of the and duties. p a t ro lmen appointed by the canal board such beat or portion of the canal on his division as he shall deem expedient. Such patrolmen shall take the oath of office prescribed by the constitution of the state within ten days after notice of appointment, and file the same in the office of the county clerk of the county in which he shall reside, and also in the office of the auditor at Albany. It shall be the duty of such patrolmen to pass over that portion of the canal assigned them, daily, and oftener if neces- sary, to see that the levels are kept at a proper and uniform height ; that water is not unnecessarily wasted, or wrongfully taken from the canal ; that timely warning is given to the repair agents, of leaks or other dangers to the canal ; that the locks are well and properly attended ; that boats are not over- loaded ; that boatmen keep their boats moving, and in such shape at all times as not to in any way or manner obstruct the flow of water or navigation. 1 Adopted May 19. 1866. 2 Adopted May 27, 1848. The 245 referred to ia 684 of this manual. Adopted May 28, 1848. KEGULATIONS. 357 Every master or person in charge of a boat or float shall obey the orders of the patrolmen as to taking off a part of their cargo, if overloaded ; as to keeping their boats or floats in such shape at all times as not to obstruct navigation or the flow of water, and shall move their boats or floats, or moor them as he shall direct, in order to facilitate navigation and promote the best interest of the state and navigator ; but for any willful neglect of these things, or disobedience of the orders of the patrolmen, with reference thereto, such master or person in charge of a boat or float shall be liable to a fine of from $5 to $10 for each offense, dependent upon the nature of the same, which fine may be laid and collected by such patrolmen, and the boat or float detained until such fine be paid. All fines so collected to be paid to the state. Each patrolmen, by virtue of act chapter 55, laws of 1870, has police powers and authority to arrest and detain offenders for any violation of the rules and regulations of the canal board made and adopted pursuant to law, until the parties so offending shall satisfy the demands of the same. 1 REG. Jv"o. 79. That the collector at Buffalo be and he is Draft of hereby directed not to clear any boat drawing over six feet in Buffalo* depth of water, and that the inspectors, additional clerks of said collector, and the patrolman on that beat, be and are here- by directed to measure and furnish a certificate of such measurement to said collector, of every fully laden boat intend- ing to clear at said office, which certificate shall show the date, name of boat, and draft of water, and be signed by the person making same, the contents of which certificate, with the name of the measurer, shall be entered on the clearance of such boat, in order that the same may be traced directly to the person making such measurement, and any willful neglect to make such measurement, or the making of a false or fraudulent cer- tificate, as to the draft of any boat so measured, shall be deemed a breach of trust, and the party so offending shall be liable to immediate removal from office. 11 REG. No. 80. That in the opinion of this board the Reims' S Ims> , Champion Boat Scale is superior to any of the other new scaie^may methods of weighing boats, submitted for examination, and we be U8edt believe that the interest of the state will be subserved by the adoption of said scale, to the exclusion of all others so submit- ted, and that this board recommend that all boats navigating the canals of this state use the Champion Boat Scale, making their own terms for such use with the parties owning said scale, and that any boat adopting such scale is hereby exempt 1 Adopted June 16, 1870. April 7, 1871, the canal board adopted the fol- lowing resolution : " That it is inexpedient in the present condition of the business of the canals to appoint patrolmen under act chapter 55, laws of 1870." * Adopted September 7, 1870. 358 CANAL BOARD. Officials not to act as agents. Closing opening in bridge at Buffalo. Tow- path, Erie canal, to be kept clear 14 feet wide. from weighing at the weigh-lock, unless necessary to test the accuracy of the scale. 1 REG. No. 81. Hereafter no superintendent, collector of canal tolls, weigh-master, clerk, inspector or other employee of the state on the canals, shall act as agent for shippers, or freight- ing firms, engaged in canal commerce, or receive, directly or indirectly, any compensation from such shippers or firms for procuring freight boats, nor shall it be lawful for such employees to influence or to attempt to influence the destination or em- ployment of such boats, and the auditor is requested to notify all canal officials of the passage of this resolution. 4 REG. ~No. 82. That the canal commissioner in charge of the western division of the Erie canal be and he is hereby reques- ted to cause all openings in canal bridges at Buffalo, made or used for the purpose of freighting canal boats, to be closed up. and that canal and other boats in said city be no longer per- mitted to ship any part of their cargoes through openings in said bridges. 3 REG. No. 83. Whereas, It is desirable that all obstacles to the passage of teams on the towing-path of the Erie canal should be removed, and that said towing-path be kept clear to the full width of fourteen feet wherever it is practicable ; Resolved, That each and every superintendent of repairs be and he hereby is directed to clear and keep clear the said tow- path, throughout its whole length, of every object, obstruction or thing not legally existing thereon ; and that this board will forthwith remove any superintendent of repairs upon its being established to the satisfaction of the board, upon the complaint of any person, that such superintendent has willfully or with gross negligence, failed to obey the order within such time as may be reasonably necessary to comply with the same.* REG. No. 84. Whereas, It is desirable that all obstacles to the passage of teams on the towing-path of the Erie and Cham- plain canals should be removed, and that said towing-path be kept clear to the full width of fourteen feet. Resolved, That each and every superintendent of repairs be and he hereby is directed to clear and keep clear the said tow- ing-path of every object, obstruction or thing not legally exist- ing thereon, and that this board will forthwith remove any superintendent of repairs upon the complaint of any person that such superintendent has willfully or with gross negligence failed to obey the order or carry this resolution into effect, upon its being established to the satisfaction of this board. Resolved, That the auditor be and he is hereby requested to transmit forthwith to each superintendent of repairs upon the Erie and Chainplain canals a copy of these resolutions.* 1 Adopted March 3, 1871. * Adopted July 5, 1872. 8 Adopted August 23, 1872. * Adopted March 14, 1872. * Adopted April 17. 1873. BESOLUTIONS. 359 KEG. No. 85. That, whenever a break occurs upon the Erie, Oswego or other important canals, the auditor shall at once telegraph the extent of the break, and the probable time it will take to repair the same, to each of the collectors' offices upon all the canals, for the benefit of shippers and boatmen. 1 REG. No. 86. That no two boats or floats shall be moored or lie abreast for the purpose of trans-shipping cargoes or other- wise between the junction of Erie and Ohamplain canals and the lower Port Schuyler side cut at West Troy." Adopted. RESOLUTIONS ADOPTED BY THE CANAL BOARD IN RE- LATION TO POWERS AND DUTIES OF CERTAIN CANAL OFFICERS, ETC. 1. IN RELATION TO COLLECTORS AND INSPECTORS. RES. No. 1. Every collector shall produce to the auditor full vouchers 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 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 pay- ment. [The salary of a collector, as fixed by the canal board, is in full of all costs and expenses of his office, except clerk hire, office rent, necessary expenditure for office light, and fuel not exceeding twelve dollars (to be approved by the canal com-* missioner in charge), postage on communications to the canal department, which, in all cases, should be prepaid, and neces- sary furniture. The canal commissioner is to be consulted before the purchase of furniture is made. Vouchers for fur- niture and fuel will not be allowed, unless indorsed with the approval of the acting canal commissioner on the line of canal where the office of the collector is located.] RES. No. 2. The several collectors of canal tolls will be re- collector quired to give their personal and constant attention to the pe^on-* 1 duties of their office, and to reside at the places at which their ally, and offices are located, during the season of navigation. A collector where 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 'Adopted May 28, 1873. 2 Adopted May 28, 1873. See proceedings, July 29, 1873. 360 CANAL BOARD. Duties of collectors as to in- spectors. Not to procure blanks. Collectors, ex offlcto Inspectors. or to act for him, except in cases of illness or unavoidable absence from his office. RES. No. 3. Every collector who is allowed clerks shall em- ploy 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 greater number of clerks than is fixed by the board. RES. No. 4r. The collectors at the several places upon the canals, where an inspector is located, shall give him general directions in regard to the services to be performed as such in- spector. The collector, from his examination of clearances, and from the reports received from weigh-masters, &c., is pre- pared to judge what cargoes should be carefully inspected, what tallied off, &c., and he shall direct such inspector to the performance of such services as in his opinion, shall 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 evi- dence of payment, and the date from which to which the re- ceipt covers, with the collector's certificate as to the correct- ness of the time indorsed thereon, shall be the voucher of the collector for such payment. It shall be the duty of the said inspectors to examine, under the directions of the several collectors, and subject to such reg- ulations as may be prescribed from time to time by the auditor of the canal department, all canal boats and their cargoes de- .parting from or arriving at the places where said collectors' offices are located. No inspector shall be paid except for time actually employed in the duties of his office, nor unless the collector at the place where such inspector is located shall certify that he has personal knowledge that such inspector has been actually employed during all the time for which payment is claimed. Inspectors, &c., are authorized, by section 7 of the act chap- ter 495, Laws of 1859, to administer oaths in all cases connec- ted with their duties. RES. No. 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 auditor ; inasmuch as the said printing is to be done by, and the blanks are to be furnished from, the canal department. RES. No. 6. All collectors of tolls upon the canals are con- sidered, and each of the said collectors is hereby declared to RESOLUTIONS. 361 be, ex qffieio, 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 arriv- ing at, cleared from or passing his office. RES. No. 7. Each collector of canal tolls shall deposit daily Collectors the moneys received by him, as such collector, for tolls, with- daily? 081 * out^ 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 col- lector shall in like manner deposit daily the money collected by him with such agent. RES. No. 8. No collector of tolls, superintendent of repairs Canal offi- or other officer on the canals shall be the agent of any bank beltgents for the purpose of receiving any tolls directed to be deposited of banks. in such bank. Nor shall any such collector, superintendent or other officer on the canals be engaged in shipping or forward- ing freight on the canals, nor act as agent for any forwarder or line of boats carrying freight on the canals. RES. No. 9. The office of the collector shall, in every case, Collector's be in a separate room, in which no other business shall be transacted 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 occupied as a grocery, tavern or store, or for vending any commodi- ties to those who navigate the canals. RES. No. 10. Every clerk of the collector shall, before he Authority enters on his duties, take and subscribe an oath or affirmation duiy r au- that he will faithfully discharge the duties of collector's clerk, thorized," i -i i i i i i i jv .'to be m- accordmg to the best ot his ability ; which oath or amrmation dorsed on may be taken before any officer authorized to administer oaths, and shall be filed in the canal department. Upon the oath or affirmation of any clerk who shall be authorized by a collector, " to perform all the duties and exercise all the powers legally appertaining to such collector in his absence," the substance of such authority shall be indorsed by the collector before the. same is filed in the canal department. RES. No. 11. When any clerk, duly authorized by a collector, HOW clerk 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 follow- ing 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 indorsements on the back of clearances. RES. No. 12. Where a collector shall authorize more than one clerk to act for him in his absence, he shall in the indorse- ment of the authority which, by the foregoing resolution, he is to make upon the oath of said clerk, state that he is the first, second or third clerk, as the case may be ; and in the_ absence of the collector, each clerk, so authorized to act for him, shall 46 362 CANAL BOARD. Oswego clear- ances Oneida lake, etc. 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 indorsement of clearances, add- ing 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 exercise the powers of col- lector in the absence of the collector and the first and second clerks. RKS. No. 13. The collectors at New York, Albany and West , etc. Troy are authorized and directed to clear boats and property, destined 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 Charnplain canal tolls. RES. No. 14. The collector at Higginsville is authorized to collect tolls, upon the Erie canal, upon all property which enters the Erie canal from the Oneida Lake canal, and upon the Oneida Lake, Oneida River improvement and Oswego canals. Power of auditor. To pay money when he takes receipt. To give personal attention. To settle every two months. 2. APPOINTMENT AND REMOVAL OF COLLECTORS AND WEIGH- MASTERS. RES. No. 15. Collectors of canal tolls and weigh-masters and their assistants and inspectors, &c., shall be appointed by the canal board, and shall hold their offices for one year ; but may be removed at any time by such board. RES. No. 16. The auditor, when the canal board is not in session, shall also have power to remove any of the said col- lectors and weigh-masters, and their assistants and inspectors, &c., 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 removal until the action of the board. 3. IN RELATION TO SUPERINTENDENTS AND THEIR EMPLOYEES. RES. No. 17. No superintendent of repairs shall under any circumstances whatever, take a receipt for labor done, services performed or materials furnished 1 for the canals, where the money shall not be actually paid. RES. No. 18. The several superintendents of canal repairs are required to give their personal and constant attention to the duties of their office. RES. No. 19. Each superintendent shall, as far as practica- ble, settle all his accounts once in two months, taking receipts only for such payments as shall have been actually made ; and he shall furnish the commissioner, having charge of that divi- sion of the canals on which his section is located, with a sepa- rate abstract of the accounts unpaid [a copy of which shall be sent to the canal department, with the accounts of the superin- RESOLUTIONS. 353 tendent,] and pay the same immediately after receiving his next advance, if then due. RES: No. 20. Every superintendent shall open an account TO keep a as superintendent, and _ distinct from his individual concerns, account as with some bank, in which, from time to time, shall be depos- superin- ited the money received from the auditor; and he shall im- mediately inform the auditor, and the commissioner in charge, what bank he has selected for keeping his official account, and the bank so selected shall not be changed without their con- sent. 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 commis- sioner, who may at any time examine the official account of such superintendent at the bank. RES. No. 21. No superintendent or foreman, or other per- Not to fur- son employed to take charge of any work on the canals, or !ams n of officer on the canals, shall furnish any teams, boats, carriages, "is own, materials or other thing belonging to himself, for the use of thosbe- y the public, or of any canal ; or employ or contract for the same [^public when owned by any member of his family, or by any foreman ^ privat or lock-tender ; or employ any member of his family on the canal ; or employ any teams, carriages, boats, materials or other thing belonging to the public for any private use or purpose. RES. No. 22. And no officer on the canals, or holding any Not to be , 1,1 i P 9i interested appointment under the canal commissioners or any of them, m con- or under any superintendent, shall either directly or indirectly, tracts ' etc be interested in any contract for labor, materials or other thing connected with the canals, and shall not, either directly or in- directly, derive any benefit from the annual expenditures on the canals beyond his established compensation. RES. No. 23. No superintendent of repairs, clerk of a super- Not to . , ,, * i -, i TI board intendent, foreman or overseer of laborers, shall, in any way, laborers, be interested in boarding laborers on the canals. RES. No. 24. No superintendent of repairs shall sell to any ^ lock-tender, foreman or laborer upon the canals, any articles of ere." property of any kind whatsoever. RES. No. 25. No lock-tender on the canals shall keep or in Lock- ,.,,.. ii tenders any way be interested m any inn, tavern or grocery, nor sell not to sell or be interested in the sale of any articles of property whatso- K ods - 'ever, to any person navigating or traveling on the canals. RES. No. 26. That it is the duty of every superintendent of superm- repairs and of all persons in his employ, to assist floats whose ^s is t nt progress is obstructed by bars or low water in a canal, and to boats - assist in the unlading of any sunken boat which obstructs or which threatens to obstruct the navigation of a canal ; and the expense of any such assistance shall be forthwith paid to the superintendent, and the moneys received therefor accounted for by him to the state, in his "monthly abstract ; and neither the float or cargo shall be allowed to proceed any further until such expense is paid, excepting, however, that no charge shall CANAL BOARD. Bank not to advance on ac- count. As to repair contracts. Superin- tendents to traverse line twice a month and ascer- tain depth of water. To sue for penalties. To enforce chapter 813 of 1860. Bee 600. be made or required to be paid for assisting floats whose pro gress is obstructed by bars or low water, and whose draught of water, when thus obstructed, does not exceed the limits prescribed by the regulations of the canal board. RES. No. 27. No superintendent of repairs will be allowed to keep his official account 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 draft on the auditor will be paid. RES. No. 28. It is the duty of the superintendents of repairs to supervise and superintend, tinder the directions of the canal commissioners, the execution of the contracts for repairs of the canals within their respective superintendencies, designated in the resolutions of appointment, and generally to do and per- form all such services in relation thereto, as may be required of or enjoined upon them, and also to examine and ascertain whether the several repair contractors have and do execute and perform all and singular the conditions, provisions and obliga- tions of their several contracts ; and to report all deficiencies and delinquencies to their respective commissioners in charge, and to the auditor of the canal department as often as they may deem it necessary to do so, and as often as they may be required by any resolution of this board, or by the auditor of the canal department. RES. No. 29. It is the duty of the said superintendents to traverse the whole line of the canal under their charge, twice in each month, to examine and ascertain the depth of water on each of the levels, on such part of the canal, and report the same to the commissioner in charge, and to the auditor of the canal department, once in each month during the season of navigation ; and also whether any more water is taken into any levels on either of the canals than will be sufficient to sup- ply such levels with water during the days of the greatest busi- ness ; and also to supply any other level of the canal, depend- ent for a supply of water upon such level ; and also whether the several reservoirs and feeders under their charge are well and properly attended to, and the waters therein preserved for the purposes of navigation. RES. No. 30. It is also the duty of the said superintendents to give their particular attention to the provisions of law for the protection and maintenance of the canals of this state, con- tained in article 9, title 9, part 1 of the Revised Statutes of this state, and they are hereby authorized, empowered and directed to prosecute, in the name of the people of this state, for all penalties incurred for a violation of any of the provisions of the said article. RES. No. 31. The said superintendents must give their special attention to the injunctions of the fifth section of the act chapter 213, of the Laws of 1860, and in cases of the vio- lation of the provisions of the said section coming to their knowledge, it will be their duty to report the same to the com. RESOLUTIONS. 355 missioner in charge, and to the auditor or the canal depart- ment. [That this board will forthwith remove any superintendent TO publish of repairs who shall willfully neglect to comply with the pro- ^JL, n i ** r\ (* i i ~r n -* /-* * ttUotrtlCli visions ot chapter o2 01 the Laws ot 18o3, requiring a publi- monthly, cation or filing of a monthly abstract of his official disburse- S< inents; and in case said abstract shall be filed instead of published, such superintendent shall state in his certificate transmitted to the auditor, under section 4 of said act, that he is satisfied, upon a careful examination, that no newspaper in the counties through which his section passes will publish said abstract for the prices allowed by law. 1 ] 4. IN RELATION TO WEIGH-MASTER8. KES. No. 32. When a weigh-master is at his lock, he, and weigh- not his assistant, shall affix his name to all clearances, certifi- ^*hi 8 to cates and papers requiring such authentication ; and that in name - 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." RES. No. 33. Every assistant of a weigh-master shall, before Authority he enters on his duties, take and subscribe an oath or affirma- ant^duf tion that he will faithfully discharge the duties of assistant autho- weigh-master, according to the best of his ability ; which oath betn- or affirmation may be taken before any officer authorized to hisoath . 11 administer oaths, and shall be filed in the canal department. Upon the oath or affirmation of any assistant, who shall be authorized by a weigh-master to perform the duties of weigh- master in his absence, the substance of such authority shall be indorsed by the weigh-master, before the same is filed in the canal department. RES. No. 34. The weigh-masters and their assistants, at weigh- Albany, West Troy, Utica, Syracuse, Rochester and Water- SSttfta!" ford, are authorized and required to examine canal boats and spectors. their cargoes, under the direction of the collectors. RES. No. 35. Every weigh-master shall also keep in his office Register an alphabetical register, in which he shall enter the name of 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. 1 Adopted May 22, 1872. As to keeping the tow-path of the Erie and Champlain canals clear to the width of 14 feet, see regulation No. 84, ante. 366 CANAL BOARD. Weigh- masters authorized to admin- ister oaths. Certain penalties reduced. The duties of assistant weigh-masters shall be performed by them under the rules and direction of the weigh-masters respectively, whose assistants they are, and that it shall be the duty of the weigh-masters to report any insubordination, neg- lect of duty, or misconduct in office of such assistant weigh- master to the auditor, who. if satisfied of the truth of such charge, may suspend such assistant until the next meeting of the board, and appoint another in the mean time to perform the duties of said office until the action of the board thereon. Section 15, page 318, of Laws of 1847, authorizes weigh- masters to administer oaths in all cases connected with their duties. RES. No 36. Pursuant to section 5, of chapter 451, of the Session Laws of 1837, which authorizes the canal board to modify or reduce any of the penalties imposed by article seven of chapter nine, title nine, of the first part of the Revised Statutes, that the penalties imposed by sundry sections of the article referred to, be reduced as follows, viz. r 1 Penalty imposed by section No. 119, from $25 to 124, 130, 143, 147, 159, 160, 162, 163, 25 25 25 25 25 25 25 25 10 10 15 10 10 5 10 10 SPECIAL REGULATIONS RELATIVE TO LUMBER. RES. ~No. 38. The collectors of canal tolls at Rochester, Syra- cuse and Utica, where a boat having on board sawed lumber or cord wood, which has been cleared either by count, meas- urement 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 mas- ter or owner to produce the certificate of a city inspector or measurer before a new clearance is granted to said boat, stat- ing the count or measurement of the quantity of each kind of lumber in feet, and the number of cords of wood of which said cargo was composed ; and every such inspector or measurer may give his certificate upon his own personal inspection of the count or measurement ; or he may give his certificate upon the written statement of the owner or consignee of said wood or lumber, which statement shall, in all cases, be accompanied 1 Adopted March 14, 1838. ed. R. S. The references to " Sections," are to the RESOLUTIONS. with an affidavit of the measurement or count from a person of a good character, and a 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 statement or bill of the num- ber of pieces, and the quantity in board measure, where the pieces were not less than one inch thick, and the number of pieces and the quantity in surface measure, where the pieces were less than one inch thick, of each kind of lumber compris- ing 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 deduc- tion for defective lumber. Sworn before me, this ) day of ,187 . j And the collector may also require the master of the boat to add his oath to the certificate of the lumber inspector, as fol- lows: I, A B, master of the boat , of , do swear, that no part of the lumber embraced in the bill of lading and clear- ance was taken from said boat, from the time said clearance and bill of lading were given to me, until the same was un- loaded at , on the day of , 187 . [If lumber has been previously unloaded from same cargo, state the kind, quantity, and place of unloading.] Sworn before me, this ) day of ,187 . j RES. No. 39. And the certificate of the said city inspector shall certify on what evidence his certificate is given, and such certificate 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 includes the whole amount of said cargo, he shall administer an oath to the mas- ter or owner of the boat, in relation to the correctness of his clearance. RES. No. 40. 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 had such super- intendence, must swear to the correctness of the bill of lading, as follows : I, , of the town of , do swear that I superin- tended the loading of the boat , of , of which is master, at , and that the above is a true bill of 868 CANAL BOARD. lading of said boat, and gives the number of feet in board measure, where the boards are not less than one inch thick, and the number of feet in surface measure, where the boards are less than one inch thick ; 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 ,187 . } The master of the boat will be required to make the follow- ing oath : 1, 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 freight on board of said boat. Sworn before me, this day of , 187 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 : I, , master of the boat , of , do swear that I superintended the loading of the boat , of , at , and that the above is a true bill of lading of said boat, and gives the number of feet in board measure, where the boards are not less than one inch thick, and the number of feet in surface measure, where the boards are less than one inch thick ; and that no articles of freight of any kind are on board of said boat, other than those specified in the bill of lading now presented to obtain a clearance. Sworn before me, this day of , 187 RES. No. 41. Each boat destined to New York shall be fur- nished with a duplicate of its bill of lading, which must be left with the collector at the place where it enters the Hudson river. RES. No. 42. 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. RES. No. 43. 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- 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 sub- FORM OF BILLS OF LADING AND CLEARANCE. 369 stituting therefor " all of that portion of said cargo delivered to (here insert the owner or consignee's name)," and every master who shall violate the provisions of this regulation shall forfeit the sum of ten dollars. RES. No. 44. Whenever a cargo of cord wood or sawed lum- ber, or any portion thereof, is unloaded at a place where there is no collector, the master of said boat shall attend to the meas- urement of said lumber or wood when it is delivered, and it shall be the duty of said master to deliver to the nearest col- lector, or the collector next in order on his passage, 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 provis- ions of this regulation shall forfeit the sum of ten dollars. FORM OF BILLS OF LADING AND CLEARANCE. BILLS OF LADING. [Coll'r No. 2, 1871.] ftZjT The collector will give the following form for a bill of lading, and the instructions for making it out the master of each boat, which master should preserve it as a guide for him in making out his shipping bill. Part 1st, Chap. IX, Title IX, Art. 7, Sec. No. 121, Rev. Stat. (canal laws), as amended by the laws of 1859, ch. 16, requires that the master of a boat conveying property on the canals, shall have made out, and shall exhibit a just and true account, or bill of lading, of all the property constituting the lading of this boat ; and that such bill of lading shall be signed by the mas- ter of the boat, and also by the consignor of the property. This bill of lading is to contain : 1st. The name^ of each place at which any of the property upon the bill of lading was shipped and.the name of the place for which it is intended to be cleared. 2d. A statement of the names, description and weight of all the articles upon the bill of lading on which toll is charged by the ton. A statement of the number of articles on which toll is charged by the number. A statement of the feet of articles on which 'toll is charged by the foot. 3d. A specification of the weight, number of measure of each article, where different rates of toll are chargeable upon the different articles upon the bill of lading. This bill of lading is to be given to the collector, and from it he makes out the clearance, and returns the bill of lading to the master, who is to exhibit it to all the collectors whose 47 370 CANAL BOARD. offices are passed by his boat. If in the course of his passage, any other articles are taken on board, the master must ascer- tain the number or weight of such articles and enter them on the bill of lading.] The following is given as the form of a BILL OF LADING. A just and true account or Bill of Lading of all the arti- cles shipped on hoard of the Canal Boat of whereof is the Master for this present passage, viz.: When and Where Shipped. Description of Articles. Short Weight. Pounds. Aggregate Weight- Pounds. Where artf- cles are to be left. Dated at (Signed) this day of 187. Master. Consignor. CLEARANCE. COLLECTOR'S OFFICE } 187. No. is Master, Cleared Boat of whereof for this present passage, laden as follows: Collector. This Boat drew feet and inches of water when cleared. Cargo. Where from. Where bound. Weight, Ibs. Miles. Rates. i Tolls, Dols. Cts. FORM AND DIRECTIONS. FORM AND DIRECTIONS FOR SUPERINTENDENTS' MONTHLY ABSTRACT OF DISBURSEMENTS, Prescribed by the Auditor of the Canal Department in 1873, under the provisions of chapter fifty-two of the Laws of eighteen hundred and fifty-three ( 638-642 of this Manual), for the publication or filing, by canal superintendents, of monthly abstracts of official disbursements. Abstract of disbursements made by Superin- tendent of repairs for section of the canal, during the month of 187 . bated N. Y. 187 . 1. FOR LABOR.* To whom paid. No. of days. Price per day. Total paid. * DIRECTIONS. Make this a complete abstract of every payment of money for which a voucher is taken, made during the month, without reference to the dates when the labor was performed or materials furnished. This list should include the name of every person to whom payment la made for services of anv kind, on or for the section. 372 CANAL BOARD. 2. FOK TOOLS AND MATERIALS. * To whom paid. Kind and quantity. Price. Amount. Total amount of A bstract $ * Where a bill paid is less than $10, the quantity and price need not be stated. Insert simply the name, the kind of materials and the amount paid. For bills over $10, where the items do not exceed three, insert the quan- tity, price and amount of each item. When a bill embraces more than three items, insert the kind, quantity, price and sum paid for the three articles in the bill of the largest amount, and then add " For Sundries," for the remainder of the bill. To be verified by oath of Superintendent. STATE OF NEW YORK, ) /-i } ss : COUNTY, j , being duly sworn, says, that he is super- intendent of repairs of section of the canal, and that the foregoing abstract of official disbursements, made by him, pursuant to chapter 52, of the Laws of 1853, is in all respects a just and true account of all the moneys paid out by him as such superintendent on and for said repair section, during the month of 187 . Subscribed and sworn before me, \ this day of 187 . f RATES OF TOLL FOR THE YEAR 1852, Established by the Canal Board on persons and property transported on the canals of this state, and referred to in the amendment, adopted in 1854, to the Constitution, Art. YII, 3, as follows : " The rates of toll on persons and property transported on the canals shall not be reduced below those for the year one thousand eight hun- dred and fifty-two, except by the canal board, with the concurrence of the legislature." TOLL SHEET, 1852. Provisions, etc. cts. in. fr. 1. On salted beef, butter, tallow, beer, cider and vinegar, per 1,000 pounds per mile 3 2. On salted pork, bacon, lard and oil, grease and cheese, per 1,000 pounds per mile 1 5 3. On salted fish and fish in brine, per 1,000 pounds per mile 4 4. On bran and ship stuff, and oil cake or oil meal, in bulk, per 1 ,000 pounds per mile 2 Iron, Minerals, Ores, etc. 5. On salt, manufactured in this state, per 1,000 pounds per mile 010 6. On foreign salt, per 1,000 pounds per mile 5 7. On gypsum, the product of this state, per 1,000 pounds per mile 1 8. On foreign gypsum, per 1,000 pounds per mile 3 9. On bloom, scrap and pig iron, broken castings, gas pipes and water pipes, per 1 ,000 pounds per mile 2 10. On brick, sand, lime, clay, earth, manure, iron ore, pig and smelted cop- per, and stone for the manufacture of lime, per 1,000 pounds per mile, 010 11. On leached ashes and bones for manure, per 1,000 pounds per mile 005 12. On pot and pearl ashes, window glass, barilla and bleaching powders, kelp, soda ash, and copperas and manganese, per 1,000 pounds per mile, 045 13. On mineral coal and charcoal, per 1,000 pounds per mile 14. On stoves, iron car wheels and car axles, bed plates for steam engines, plough castings, and all other iron castings, except machines and the parts thereof, per 1,000 pounds per mile 3 15. On bar and pig lead, going toward tide-water, and copper ore, per 1,000 pounds per mile 5 16. On stove pipe and furniture for stoves, not cast iron, per 1,000 pounds permile 060 Furs, Peltry, Skins, etc. 17 On furs and the skins of animals producing furs, per 1,000 pounds per mile 1 18. On deer, buffalo and moose skins, per 1,000 pounds per mile ' 19. On sheep skins, per 1,000 pounds per mile 040 374 CANAL BOARD. cts. m. fr. 20. On green hides of domestic animals of the United States, per 1,000 pounds per mile 3 21. On imported raw hides of domestic and other animals, per 1,000 pounds per mile 5 Furniture, etc. 22. On household furniture, accompanied by and actually belonging to fami- lies emigrating, per 1,000 pounds per mile 3 23. On carts, wagons, sleighs, plows and mechanics' tools necessary for the owner's individual use, when accompanied by the owner, emigrating for the purpose of settlement, per 1,000 pounds per mile 3 Stone, Slate, etc. 24. On tile for roofing and stoneware, per 1,000 pounds per mile 4 25. On slate, all stone wrought or partly wrought, fire-proof cement, and drain tile, per 1,000 pounds per mile 2 26. On un wrought stone, per 1,000 pounds per mile 1 5 Lumber, Wood, etc. 27. On timber, squared and round, per 100 cubic feet per mile, if carried in boats 4 28. On the same, if carried in rafts, per 100 cubic feet per mile. 1 29. On the same, if cleared after the 1st of June, and arriving before the 15th of August, inclusive, per 100 cubic feet per mile 7 30. On lumber carried in boats, when weighed, per 1,000 pounds per mile, viz. : 1. On white pine, white-wood, bass-wood and cedar 1 5 2. On oak, hickory, beech, sycamore and black walnut 1 3. On spruce, maple, ash and elm 1 2 4. On cherry 014 5. On hemlock , 006 6. On boards, plank, scantling and sawed timber, reduced to inch mea- sure, all kinds of red cedar, cedar posts, estimating that a cord, after deducting for openings, will contain one thousand feet, and all siding, lath, and other sawed stuff, less than one inch thick, carried in boats (except such as is enumerated in rates number 32 and 41), per 1,000 feet per mile, when not weighed 4 7. On hemlock, per 1,000 feet per mile, when not weighed 2 5 8. On sub. 6 and 7, if transported in rafts, per 1,000 feet per mile 2 31. On mahogany (except veneering), reduced to inch measure, per 1,000 feet per mile 1 5 32. On sawed lath, of less than ten feet in length, split lath, hoop poles, handspikes, rowing oars, broom handles, spokes, hubs, treenails, fel- lies, boat knees, plane stocks, pickets for fences, and stuff manufac- tured or partly manufactured, for chairs or bedsteads, hop poles, brush handles, brush backs, looking-glass backs, gun stocks, plow beams and plow handles, per 1,000 pounds per mile 2 33. On stoves and heading, empty barrels and casks, and ship knees, trans- ported in boats, per 1,000 pounds per mile 1 34. On the same, if transported in rafts, per 1,000 pounds per mile 5 35. On shingles, carried in boats, per 1,000 pounds per mile 1 5 36. On the same, if conveyed in rafts, per M per mile 4 RATES OF TOLL, 1852. 37-5 37. On split posts (not exceeding ten feet in length), and rails for fences (not exceeding fourteen feet in length), per M per mile, carried in boats.. 200 38. On the same, if conveyed in rafts, per M per mile .................. 8 39. On wood for fuel (except such as may be used in the manufacture of salt, which shall be exempt from toll), and tan bark, per cord, per mile ............................................................ 050 40. On the same, if transported in rafts, per cord, per mile ................ 2 41. On sawed stuff for window blinds, not exceeding one-fourth of an inch in thickness, and window shades and blinds, per 1,000 pounds per mile ............................................................ 050 Agricultural Productions, etc. 42. On domestic distilled spirits going toward tide-water, per 1,000 pounds per mile ........................................................ 030 43. On wood, per 1,000 pounds per mile ........................ .040 44. On cotton, per 1,000 pounds per mile ...................... 1 45. On live cattle, sheep, hogs, horns, hoofs and bones, per 1,000 pounds per mile ....................................................... 2 46. On horses (except those used exclusively for towing boats or floats), per 1,000 pounds per mile ............................................ 3 47. On horses used exclusively for towing boats or other floats, exempt from toll .................................................... 48. On rags and junk, per 1,000 pounds per mile ......................... 3 49. On manilla, per 1,000 pounds per mile ............................... 4 50. On hemp and tobacco going toward tide- water, per 1,000 pounds per mile ............................................................ 1 51. On tobacco, going from tide-water, per 1,000 pounds per mile ......... 4 52. On pressed broom corn, per 1,000 pounds per mile .................... 2 53. On pressed hay, per 1,000 pounds per mile ..... ...................... 1 54. On corn, corn meal and oats, per 1,000 pounds per mile ................ 2 55. On wheat, flour, barley, rye, peas and beans, per 1,000 pounds per mile, 030 56. On flour starting and going from tide- water, per 1,000 pounds per mile, 010 57. On potatoes, apples, onions, turnips, all other esculent roots, and ice, per 1,000 pounds per mile ....................................... 1 58. On all other agricultural productions of the United States, not particu- larly specified, per 1,000 pounds per mile .......................... 040 Merchandise. 59. On barytes and veneering, per 1,000 pounds per mile ................. 8 60. On sugar, molasses, coffee, iron in bars, bundles and sheets, steel, nail rods, boiler iron, nails and spikes, horse shoes, crockery and glass- ware, tin, rosin, tar, pitch, turpentine, oil, anchors, chain cables, oakum, mineral water, oysters and clams, dye woods, and all other merchandise not enumerated, per 1,000 pounds per mile ............ 4 61. On railroad iron and railroad chairs, per 1,000 pounds per mile ........ 1 5 62. On threshing, mowing and reaping machines, fanning mills, plows, har- rows, and drill harrows, used for agricultural purposes, per 1,000 pounds per mile ................................................. 040 Articles not Enumerated, etc. 63. On all articles not enumerated or excepted, per 1,000 pounds per mile, 040 376 CANAL BOARD. Boats and Passengers. cts. m. fr. 64. On boats used chiefly for the transportation of persons navigating the canals, per mile 4 65. On the same, if they elect to commute for tolls upon passengers, per mile 340 66. On boats used chiefly for the transportation of property, per mile 2 67. On the same, if they elect t<3 commute for tolls upon passengers, per mile 230 68. On all persons over ten years of age, per mile 5 T A. B L E OF THE RATES OF TOLL FOR THE YEARS 1852, 1859, 1868, 1869 AND 1870- [NOTE. In consequence of the difference in the arrangement and classification of the Toll Sheets for the years above named, it has been found impossible to give the correspond- ing rates on every article.] A. 1852. 1859. 1868. 1869. 1860. cts. m. fr. cts. m. fr. cte. m. fr. 020 cts. m. fr. 020 cts. m. fr. 020 Agricultural Implements 030 020 015 015 Articles not enumerated, going toward tide- water 040 020 030 030 020 On the same, going from tide-water 020 015 015 015 Agricultural productions of the United States, not particularly specified 040 020 030 030 020 010 010 020 020 020 040 020 020 020 020 005 005 005 005 005 B. Bacon 015 030 010 050 010 020 010 050 010 030 020 020 020 015 020 020 400 300 200 230 010 030 010 050 015 030 030 020 023 020 020 023 400 300 200 230 300 015 050 010 020 023 020 010 023 010 030 010 050 015 015 030 010 015 010 050 015 015 015 080 030 030 023 020 015 023 400 300 300 230 300 015 050 010 010 023 020 010 023 020 015 005 020 400 300 200 230 300 010 050 005 005 020 010 010 020 Beef salted 030 020 Boats used chiefly for transportation of pas- 400 300 200 230 On same, if they elect to commute for Boats me.d chiefly for transportation of prop- On the same, if they elect to commute for Boats registered before July 1st, 1862, whose bows do not conform to regulation No. 40, 010 050 005 020 020 020 005 020 005 020 020 010 Brick 48 378 CANAL BOARD. 1852. 1859. 1868. 1869. 1870. Brush hacks (see Lumber No. 3) cts. m. fr. cts. m. fr. 020 cts. m. fr. 023 cts. m. fr. 023 cts. m. fr. 020 Brush handles (see Lumber No. 3) 020 023 023 020 HII Halo skins 050 050 030 030 025 Butter 030 010 020 020 020 Butts, stave, if carried i n boats 010 015 015 010 Butts, stave, if carried in rafts 050 050 050 050 c. Cabinet ware 040 030 015 015 Carboys 020 020 020 Carts 030 020 020 020 020 Car axles 030 020 020 015 010 Car wheels (iron) 030 020 020 015 005 Carriages and sleighs 040 020 020 020 Casks, empty, transported in boats 010 010 010 010 010 Casks, empty, transported in rafts Castings, all iron casting except machines and parts thereof ... 050 030 050 020 050 030 050 015 050 015 Castings, broken 020 020 020 015 Cattle alive 020 020 020 020 020 Cedar posts (see Lumber No. 2), per 1,000 feet, per mile 050 065 065 055 Cedar, red (see Lumber No. 2), per 1,000 feet, per mile 050 065 065 055 Cement, flre-proof 020 020 020 015 010 Chairs 040 030 Chair stuff (see LumberNo. 3) 020 023 023 020 Charcoal 005 5 005 005 005 Cheese 015 010 020 020 015 Cider 030 020 020 020 015 Clay 010 010 010 010 010 Clover seed 040 040 040 020 Coal, mineral or anthracite 005 005 010 010 005 Coal, bituminous 010 010 005 Coal, bituminous, carried to, and delivered at tide-water 005 005 005 Coul oil 010 010 005 Coffee 040 010 015 010 010 Copper ore 005 005 010 010 010 Copper, pig and smelted 010 010 010 010 010 Corn 020 020 025 025 015 Corn meal 020 020 025 025 015 Cotton 010 010 010 010 010 Crockery 040 010 015 010 010 Deer skins .' 050 050 030 030 025 040 040 Domestic distilled spirits 030 020 021 020 015 020 020 015 015 Domestic woolens 020 020 015 015 Dried fruit 040 040 E. Earth n 1 i n 1 5 5 o 1 n 1 n 1 1 1 Enameled ware, flint Fellies (see Lumber No. 3) F. n t n 2 3 2 3 3 Eire-nroof cement .. 2 2 n 2 1 5 1 Fellies (see Lumber No. 3) 020 023 023 030 Eire-proof cement 020 020 020 015 010 010 010 010 020 020 020 020 015 030 020 030 030 015 Furniture, cabinet ware and chairs 040 040 030 015 015 060 060 030 015 015 Furs, and skins of animals producing furs 100 100 030 030 025 BATES OF TOLL. G. 379 1852. 1859. 1868. 1869. 1870. Gas pipes cts. m. fr. 020 cts. m. fr. 020 cts. m. fr. 01 r , cts. m. fr. 01 K cts. m. fr. 0* i n Gla- w.ire 040 010 015 015 015 G rass seeti 040 040 040 020 G rease 6 i 5 015 015 015 015 Gunstocks (see Lumber No. 3) 020 023 023 020 Gypsum, the product of this state, ground and unground 010 010 015 010 010 Gypsum, foreign, and the product of other states, ground and unground 030 030 025 1 C 010 Gypsum, calcined 020 010 010 H. Hand spikes (see Lumber No. 3) 020 023 023 020 Hay, pressed 010 010 010 010 005 Headin", undressed, transported in boats.... 010 015 015 010 Headi ug, dressed or partly dressed 018 015 015 010 Heading, transported in rafts 050 050 050 050 Hemp guing toward tide-water 010 010 010 010 010 Hides, green, of domestic animals of the United States 030 030 030 015 015 Hides, raw, imported, of domestic and other animals 050 030 030 015 015 Hogs alive 020 020 020 020 020 Hops 020 020 020 Hop poles (see Lumber No. 3) 020 023 023 020 Hop poles transported in rafts 050 050 050 Hoop poles (see Lumber No. 3) 050 C 2 3 023 020 Hoop poles transported in rafts 050 050 050 023 023 020 030 030 030 030 030 Horses, used exclusively for towing boats and other floats, exempt from toll. 040 010 015 015 005 020 023 023 020 Ice 010 010 010 010 t 040 010 015 015 1 ' 010 005 010 010 i *Iron ore, carried to any place within this state, and which has been brought on the Champlain canal to West Troy or Albany, and cleared from one of those points to some place within this state on the Erie or 005 005 020 020 020 005 1 C 040 010 015 015 1 010 015 015 1 S 020 020 015 1 I 040 020 015 1 5 J. Junk .. I 030 0301030 015 L. 015 015 010 010 015 015 023 023 065 023 010 010 015 015 015 010 020 023 015 015 023 023 065 023 005 005 015 015 010 005 010 010 020 020 055 020 005 005 015 010 010 005 Lard oil 018 050 020 005 005 010 010 010 010 040 020 Lath, (see Lumber No. 2) per 1,000 feet, per 005 005 010 Limestone Looking glasses c"k; 023 020 380 CANAL BOARD. 1852. 1859. 1868. 1869. 1870. LUMBER No. 1.* Transported in boats by weight, per 1,000 pounds per mile : White pine, whitewood, cherry, bass wood, cedar boards, planks, scantling, and on all sidings, lath and other sawed stuff less than one inch thick (except such as is enumer- ated in Lumber No. 3) cts. m. fr. cts. m. fr. cts. m. fr. 023 cts. m. fr. 023 cts. m. fr 020 Oak, hickory, beech, sycamore, black walnut, butternut, maple, ash, elm, flr, tamarack, yew and spuce 018 018 1 '"> Hemlock 010 010 01) LUMBER NO. 2.* Transported in boats by measurement, per 1,000 feet, per mile : Boards, planks, scantling, railroad ties and sawed timber, reduced to inch measure, and all siding, lath and other sawed stuff, less than one inch thick (except such as is enumerated in Lumber No. 3), tolls com- puted on surface measure ; and all kinds of red cedar, cedar posts, estimated that a cord, after deducting for openings, will contain 1,000 feet 050 065 065 055 Hemlock, per 1,000 feet per mile, when not weighed 025 030 030 030 Lumber No. 2, transported in rafts, per 1,000 feet, per mile 250 250 250 250 LUMBER No. 3.* Transported in boats by weight, per 1,000 pounds per mile: Sawed lath of less than 10 feet in length, split lath, hoop poles, hand spikes, rowing oars, broom handles, spokes, hubs, tree- nails, fellies, boat and ship knees, plane stocks, pickets for fences, railroad ties, last blocks, stuff, manufactured or partly manu- factured, for boxes, chairs and bedsteads, hop poles, brush handles, brush backs, looking-glass backs, gun stocks, plow beams and plow handles 020 023 023 020 Sawed stuff for window blinds, not exceeding one-fourth of an inch in thickness 060 070 070 055 M. Mahogany 150 150 056 015 1 J Manure 010 010 010 010 Marl 010 010 Merchandise, non-enumerated 646 010 015 015 1 Molasses 040 010 015 010 o i e Moose skins 050 050 030 030 2 Nails 1ST. n i n i n 1 5 ! 1 o n i ( Oats 3. n g n n 9, 2 5 2 5 1 5 Oil Cake n 9 n 2 2 1 5 Oil meal 9, n n " n 2 2 1 5 Onions n 1 1 1 1 n 1 RATES OF TOLL. P. 381 1852. 1859. 1868. 1869. 1870. cts. m. fr. cts. m. fr. cts. m. fr. cts. m. fr. cts. m. fr. Passengers, over ten years of age, per mile... Petroleum or earth oil, crude and refined ... 005 005 005 005 005 005 005 005 Peas 030 020 030 030 015 Peat 010 010 005 Pickets for fences (see Lumber No. 3) 020 023 023 020 Pig copper . .... 010 010 010 010 010 Pig iron, going from tide-water 020 020 010 005 Pig iron, going toward tide-water 020 020 015 010 Plane stocks (see Lumber No. 3) 020 023 023 020 Plaster, calcined, or plaster of paris, going from tide-water 020 015 010 Plow beams (see Lumber No. 3) 020 023 023 020 Plow handles (see Lumber No. 3) 020 023 023 020 Pork, salted 015 015 020 020 015 Posts, split and round, not exceeding eight feet in length, carried in boats, per M., per 300 300 200 010 010 020 020 020 Powder and gunpowder 040 040 040 040 Rags 030 020 020 015 015 015 015 015 1 5 010 015 015 020 015 010 Railroad ties (see Lumber Nos. 2 and 3) Rails for fences, not exceeding fourteen feet in length, carried in boats, per M., per 200 200 300 300 200 On the same, if carried in rafts, per M., 800 800 800 800 800 1 010 010 010 010 010 020 023 023 020 l{yg 030 020 030 030 015 s. Sal soda, going from tide-water 010 010 025 015 005 010 1 5 020 015 005 040 023 050 020 015 040 023 065 030 005 020 010 010 300 800 023 015 050 Salted fish, going from tide-water 040 050 010 010 050 010 010 005 020 020 015 025 015 010 010 020 020 015 005 040 023 050 020 015 040 023 065 030 010 020 010 015 800 800 023 015 050 gand 020 020 015 Shingles, in boats, per 1000 pounds per mile .. 040 010 050 020 040 010 050 020 S?|* i, tran~norted in rafts Ship stuffs Shrubbery and trees 040 018 150 100 010 040 020 010 200 800 020 010 050 Siding (see Lumber No. 2) per 1000 feet sur- 040 020 030 040 040 200 800 Ulotp Siilit posts and round, not exceeding eight feet in length, carried in boats, per M. On the same, if carried in rafts, per M. per mile Spokes (see Lumber No. 3) -: "* 3taves and heading, sawed, cut and dressed or partly dressed, shocks and stave bolts and butts, not exceeding four feet and a half in length, transported in 010 050 On the same if transported In rafts 382 CANAL BOARD. 1852. 1859. 1868. 1869. 1870. Steel cts. m. fr. 040 cts. m. fr. 010 cts. m. fr. 915 cts. m. fr. 015 cts. ni. fr. 015 010 005 010 010 005 020 015 015 010 010 020 010 010 005 5 Stoves 030 020 030 015 015 Straw, pressed, and any pressed vegetable substance used for the manufacture of 010 010 010 005 Sugar 040 000 015 010 010 T. Tallow 030 010 015 015 015 Tan bark, per cord, per mile, carried in boats, 050 050 050 050 Tan bark, per cord, per mile, carried in rafts, 200 200 200 200 Tan bark, ground, per 1,000 pounds, per mile. 025 025 025 025 Tar 040 010 015 015 015 Timber per 100 cubic feet, per mile, trans- ported in boats : Squared and round, other than hemlock, Squared and round, hemlock 040 040 040 060 040 060 040 060 040 Squared and round (all kinds), transported i n rafts 100 100 100 100 100 Squared and round, transported in rafts, 070 200 200 Sawed timber (see Lumber No. 2), per 1,000 feet, per mile 070 050 o o r> 065 055 Tin plate, goin<* from tide-water 040 010 005 Tobacco, unmanufactured, going toward tide- 010 010 010 010 010 Tobacco, going from tide-water 040 020 015 0-15 015 Treenails (see Lumber No. 3) 020 023 023 020 Trees and shrubbery 040 040 040 040 010 010 010 010 010 Turpentine 040 010 015 015 015 Varnish. V. 040 020 015 015 Vinegar 030 020 020 015 015 ^ Wagons jr. 030 040 020 020 020 Water-lime, going from tide-water 010 015 010 010 Water-lime, going toward tide-water 010 015 015 010 Water pipes 020 020 015 015 010 Wheat 030 020 030 030 015 Window blinds, sawed stuff for (see Lumber No. 3) 050 060 070 050 050 Window sashes 060 070 050 050 Wood for fuel, per cord, per mile 050 050 050 050 050 Wood for fuel, per cord, per mile, carried in rafts . . 200 200 200 200 200 Wood, used in the manufacture of salt, per cord, per mile . 050 050 050 Wool 040 020 020 010 1 C RATES OF TOLL. 383 EATES OF TOLL FOR 1871. The Toll sheet of 1870 was adopted for the year 1871, and was subsequently amended In the following particulars, viz.. The rate of toll on boats whose bows do not conform to the Fortieth Regulation was reduced from three to two cents per mile. The discrimination in favor of "pine timber," squared and round, transported in rafts, was discontinued, and the uniform rate of one cent per one hundred cubic feet was estab- lished for all kinds of timber, and the rate of toll on " iron bridge and railing, iron bolts and railroad chairs," when cleared at tide-water, was reduced to one-half of one mill per one thousand pounds per mile. EATES OF TOLL FOE 1872. The Toll sheet for 1872 was the same as that for 1871, as amended, with the exception of reduced rates upon melted glass, gypsum, potatoes, iron, cleared at tide-water, and stone, unwrought, or partly wrought. EATES OF TOLLS, 1873. Established by the CANAL BOARD on persons and property transported on the New York State Canals, to take effect on the opening of navigation. ARTICLES PAYING ONE-HALF MILL PER 1,000 POUNDS PER MILE. Ashes, leached. Bones. Car axles, when cleared at tide-water. Car wheels. Charcoal. Coal, anthracite and bituminous. Coal oil. C'-al tar and products thereof. Cullet, or broken glass to be melted over. Earth. Gypsum, unground, product of this state. Hay, pressed. Horse shoes. Iron, articles exclusively manufactured of wrought or rolled iron, not specifically enumerated, when cleared at tide-water. Iron, boiler, when cleared at tide-water. Iron, in bars and bundles, when cleared at tide-water. Iron ore. Iron, bloom and pig, going from tide-water. Lead, bar and pig, going toward tide-water. Lime stone. Manure. Marl. Nails. Petroleum, crude and refined. Peat. Pi;: iron, going from tide-water. Sand. Saw dust. Scrap iron. Slate. Spikes. Steel, in bars and bundles, when cleared at tide -water. Stone, for the manufacture of lime. Stone, wrought, partly wrought, unwrought. Straw, pressed, and any pressed vegetable sub- stance used for the manufacture of papei and paper-pulp. Tin plate, going from tide-water. ARTICLES PAYING ONE MILL PER 1,000 POUNDS PER MILE. Bacon. Barrels, empty, transported in boats. Bleaching powders, going from tide-water. Bran. Brick. Brimstone. Car axles, when not cleared at tide-water. Casks, empty, transported in boats. Cement, fire-proof and hydraulic. Clay. Coffee. Copper ore. Copper, pig and smelted. Cotton. Crockery. Esculent roots. Fire brick. Fish, salted, going from tide-water. Gas pipes. Gypsum, ground and ungrouna. Hemp, going toward tide-water. Iron, bloom and pig, going toward tide-watet, Lard. Lard oil. Lime. Molasses. 384 CANAL BOARD. Onions. Plaster, Calcined or Plaster of Paris, going from tide-water. Potatoes. Railroad chairs. Railroad iron. Rice, going from tide-water. Sal soda, going from tide-water. Salt, manufactured in this state. Salted flsh, going from tide-water. Soda ash. Staves and heading, sawed, cut and dressed or partly dressed, snooks and stave bolts and butts, not exceeding four feet and a half in length, transported in boats. Sugar. Tobacco, unmanufactured, going toward tide- water. Turnips. Water lime. Water pipes. Wool. ARTICLES PAYING ONE AND ONE-HALF MILLS PER 1,000 POUNDS PER MILE. Agricultural implements, going from tide- water. Articles not enumerated, going from tide- water. Barley. Barytes. Beans. Beef, salted. Cabinet ware. Castings, all iron castings. Cheese. Cider. Corn. Corn meal. Cottons, domestic. Flour. Furniture, Cabinet ware and Chairs. Furniture for Stoves. Glass ware. Grease. Hides. Iron, in sheets, bars and bundles, when not cleared at tide-water. Iron, boiler, when not cleared at tide-water. Iron, bridge and railing. Iron bolts. Junk. Leather. Mahogany. Merchandise, not enumerated. Oats. Oil cake. Oil meal. Peas. Pork, salted. Rye. Safes, iron. Ship stuffs. Spirits, domestic distilled. Steel, in bars and bundles, when not cleared at tide-water. Stoves. Tallow. Tar. Tobacco, going from tide-water. Turpentine. Varnish. Vinegar. Wheat. Woolens, domestic. ARTICLES PAYING TWO MILLS PER 1,000 POUNDS PER MILE. Acid, sulphuric. Agricultural products of the United States, not particularly specified. Apples. Articles not enumerated, going toward tide- water. Ashes, pot and pearl. Butter. Carboys. Carts. Carriages. Cattle, alive. Clover seed. Flax seed. Grass seed. Hogs, alive. Hoops, rived. Hops. Malt. Sheep, alive. Ship knees. Sleighs. Wagons. ARTICLES PAYING TWO AND ONE-HALF MILLS PER 1,000 POUNDS PER MILE, Buffalo skins. Deer skins. Furs. Moose skins Salt, foreign. Skins of animals producing furs. Tan bark, ground. Horses. ARTICLES PAYING THREE MILLS PER 1,000 POUNDS PER MILE. ARTICLES PAYING FOUR, MILLS PER 1,000 POUNDS PER MILE. Powder and Gun Powder. Shrubbery. I Trees. ARTICLES PAYING FIVE MILLS PER 1,000 POUNDS PER MILE. Barrels, empty, transported in rafts. Bolts, stave, transported in rafts. Butts, stave, transported in rafts. Ciisks, empty, transported in rafts. Heading, transported in rafts. Hop poles, transported in rafts. Hoop poles, transported in rafts. Ship knees, transported in rafts. Staves and heading not exceeding four feet and a half in length, transported in rafts. Window blinds, sawed stuff for. Window sashes. RATES OF TOLL. 335 LUMBER, SHINGLES AND TIMBER. LUMBER No. 1.* Transported in boats l>y -weight, per 1,000 pounds per mile: c. m. fr. White pine, white wood, cherry, basswood, cedar boards, planks, scantling, and on all sidings, lath and other sawed stuff, less than one inch thick (except such as is enumerated in Lumber No. 3) 020 Oak, hickory, beech, sycamore, black walnut, butternut, maple, ash "elm flr "tama- rack and yew A 1 Hemlock and spruce '...'. '. .... '. ..'.'...'. '. ..'.'. LUMBER No. 2.* Transported in boats by measurement, per 1,000 feet per mile : Boards, planks, scantling, railroad ties, pickets for fences and sawed timber, reduced to inch measure, and all siding, lath and other sawed stuff, less than one inch thick (except such as is enumerated in Lumber No. 3), tolls computed on surface measure: lath, when cleared by measurement, may be estimated at twenty feet for each bunch of one hundred pieces; and all kinds of red cedar, cedar posts, estimated that a cord, after deducting for openings, will contain 1,000 feet 055 Hemlock, per 1,000 feet per mile, when not weighed 030 Lumber No. 2, transported i n 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, rived hoops, hoop poles, hand spikes, rowing oars, broom handles, spokes, hubs, treenails, fellies, boat and ship knees, plane stocks, pickets for fences, railroad ties, last blocks, stuff manufac- tured 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. ..05 Timber per 100 cubic feet, per mile, transported in boats : Squared and round, other than hemlock 060 Square and round, hemlock 4 Square and round (all kinds), transported in rafts I Sawed timber (see Lumber No. 2), per 1,000 feet per mile 5 5 Shingles in boats, per 1,000 pounds per mile 015 do in boats, per M, per mile 00 5 do in rafts, per M, per mile 4 Posts, split and round, not exceeding eight feet in length, carried in boats, per M, per mile 2 On the same, if carried in rafts, per M, per mile 8 Kails for fences, not exceeding fourteen feet in length, carried in boats, perM, per mile 200 On the same, if carried in rafts, per M, per mile 800 ^~ * LUMBER shall not be cleared by measurement when carried in a boat having other articles on board paying toll by WEIGHT, but such' lumber shall, in all such cases, be also cleared by weight. When a cargo is composed entirely of lumber, which can be cleared by weight or measure, the whole of such cargo shall be cleared by measurement or by weight, as the shipper or master may elect, and in no case shall a portion of any such cargo be cleared by measure- ment and the other portion by weight. ARTICLES PAYING TOLL BY THE CORD. c. m. fr. Tan Bark, per cord, per mile, carried in boats 050 Tan Bark, per cord, per mile, carried in rafts 200 Wood for fuel, per cord, per mile, carried in boats 5 Wood for fuel, per cord, per mile, carried in rafts 2 BOATS AND PASSENGERS. On boats used chiefly for the transportation of passengers, upon all canalx, per mile. .400 On the same, if they elect to commute for tolls upon passengers On boats uxed chiefly for the transportation of property, per mile On the same, if they elect to commute for tolls upon passengers 23 On boats registered before July 1, 1862, whose bows do not conform to regulation No. 40, per mile 2 Bo;iis used exclusively in the towage of boats on the canals, together with the ma- chinery and fuel necessary therefor, exempt from toll On all persons over ten years of age, per mile < STATE OF NEW YORK, I CANAL DEPARTMENT, ALBANY, April 3, 1873. f I CERTIFY the foregoing to be a correct list of the rates of Toll established by the CANAL BOARD, to take effect on the opening of navigation. nAVTOV A lit 49 386 CANAL BOARD. STATEMENT OF TONNAGE, VALUES AND TOLLS. The total tonnage of property of all kinds passing over the canals of this state, its value and the total amount of tons collected from the year 1852 to 1872 inclusive, will be shown by the following statement : YEAR. Tons. Value. Tolls. 1852 . . 3,863,441 $196,603,517 $3,118 344 1853 4,347,852 267,119 570 3 204 718 1854 4,165,862 210,284,312 2,773 5(56 1855 4,022,617 204,390,147 2,805.077 1856 4,116,083 218,327.062 2 748 203 1857 3,344,061 136, 997, 018 2,045,641 1858 3 665,192 138 568 844 2 110 754 1859 3,781,684 132,160,758 1 723,945 I860 . 4,650,214 170 849 198 3 009 ">97 1861 4,507,635 130 115,893 3 908 785 1863 5,598,785 203,234,331 5, 188.943 1863 5,557,692 240 046,461 4.645 307 1864 4,852,941 274,400,639 3,983.982 1865 4.739,654 256,237,104 3,8->:9.955 1866 5,775,220 270,963,676 4. 430 639 1867 5,688,325 278.956,712 4,088.058 1868 6 442 225 305,301,929 4,246 563 1869 5,859,080 249,281,284 3,778,501 1870 6,173,769 231 836,176 2 611,- r >78 1871 6,467,888 238,767,691 3.100,838 1872 6 627 462 3, 072, 411 STATISTICS. 387 STATISTICS Relating to the Canals of this State, compiled from the Reports of the Canal Commissioners and the State Engineer and Surveyor for 1873. ERIE CANAL. Total cost of construction, $43,639,324. REMARKS. Old canal (not now in existence). Enlargement. Construction authorized April 15, 1817. . . May 11 1835 Construction commenced July 4, 1817 Construction completed Estim'd cost at engineer's prices, Oct. 26,1836 $4,926,738 September, 1863. $23 402 863 Actual cost of construction $7, 143, 789 $36 495 535 Total feet of lockage 675^ feet 654 80-100 feet Length from Albany to Buffalo. . 363 miles 350X miles Number locks and size of cham- bers 83 locks, 90 x 115 72 locks 110 x 18 Size of prism 40 and 28 x 4 70 and 56 x 7 Maximum dimension of boats... Burthen of boats 78 62-100 x 14 46-100 x 3tf draft, 1, 75 tons ... 98 x 17 5-11 x 6 5-12 draft, 2. 220 tons CHAMPLAIN CANAL AND GLENS FALLS FEEDER. Construction authorized April 15, 1817. Glens Falls feeder authorized April, 1822. Estimated cost of canal at engineer's prices $871,000. Navigation opened from Fort Edward to Lake Champlain November 24, 1819. Canal completed from Waterford to Lake Cbamplain 1822. Canal, cost of construction up to 1832 $921,011. Feeder, cost of construction up to 1837 $91, 944. Total cost of both included improvements, exclusive of ordinary repairs, June, 1868 $2,378,910. Number of locks on canal, 20; feeder, 13 Size, 110x18 and 100 x 15. Length of canal, 66 miles; feeder, 7 miles ; pond, 5 miles 78 miles. Size of prism, canal and feeder 40 26 x 4. Size authorized, chap. 213, Laws 1860 50 35 x 5. CATUGA AND SENECA CANAL CAYUGA INLET. Total cost, $1,520,542. REMARKS. Cayugaand Seneca canal. Cayuga inlet. Construction authorized, en- April 20, 1825 May 25, 1836. April 15, 1854. $811 188 $150,000. Estim'd cost at contract prices . . $795,273 November 15, 1828 $160,396. September, 1862. Cost of construction $1,306,542 11, 110 x 18 $214.000. 1, 110 x 18. 83# feet 24% miles, 70 and 56 x 7. 388 CANAL BOARD. OSWEGO CANAL. Total cost, $3,077,429. REMARKS. Oswego canal. Enlarged Oswego canal. Censtruction authorized April 20, 1825 April 15, ia54. Enlargement of locks Chapter 262, Laws of 1&47 Estim'd cost at engineer's prices, $227,000 $1,926,336. Estimated cost at contract prices $437,000 $2,051,190. Construction completed December 10, 1828 September, 1862. Cost of construction $565,437 $2,925,513. Number of locks and size 18, 90 x 15 17, 110 x 18. Feet of lockage 154.85 feet 154.85 feet. Average cost of one lock $10,000 $31.000. Size of prism of canal 40and26x4 70 and 36 x 7 feet. Guard locks Six Five. Burthen of boats 50 to 75 tons 230 tons. Length of canal 38miles 38 miles. CROOKED LAKE CANAL. Construction authorized April 11, 1829. Construction commenced April, 1830. Estimated cost at engineer's prices $119,198. Estimated cost at contract prices $95,820. Canal completed October 10, 1833. Cost of construction $333,287. Number of locks, 27; size 90 x 15 feet. Size of canal prism 42 and 26 x 4. Length of canal 8 miles. All the locks are composite. Feet of lockage 277 83-100 feet. CHEMUNG CANAL AND FEEDER. Construction authorized April 15, 1829. Estimated cost, engineer's prices $331,225. Estimated cost, contractor s prices $291,831. Construction completed September, 1831. Cost of construction, 1831 $314,395. Cost of construction, 1862 $1,273,261. Length and size main canal '43 miles; 42 x 28 x 5 feet. Length and size of feeder 16 miles; 41 x 26 x 4 feet. Number and size of locks on canal 49 locks; 90 x 15 feet. Number and size of locks on feeder 4 locks ; 90 x 15 feet. Kind of locks Wood. Cost of each first set $1,650 ; age of lock 9 years. Cost of each second set.. 5,500 ; age of lock 19 years. Cost of each third set 8,484 ; completed September 9, 1863. CHENANGO CANAL. Construction authorized February 23, 1833. Construction commenced July, 18134. Construction, estimated at engineer's prices $1,960,450. Construction, estimated at contractors' prices $1,859,849. Construction completed October, 1836. Construction, actual cost $2,782,124. Number and size of locks 116 locks; 90 x 15 feet. Size of prism 40 and 28 x 4. Kind of locks . Hubble stone. Average cost of one lock $8.000. Length of main line of canal .'. 97 miles. Feet of lockage 1,015,"*. Burthen of boats 50 to 70 tons. BLACK RIVER CANAL, FEEDER AND BLACK RIVER IMPROVEMENT. Construction authorized April 19. KW. Construction commenced January, 1838. Estimated cost at engineer's prices ftl,OHX,437. Estimated cost at contract prices $2,431,669. STATISTICS. 389 Canal completed .. 1M9. Cost of construction " " $3 334 779 Number and size of locks ."" .'.' 109 locks'; 90 x 15. Length of canal to Lyon's Falls 35 miles. Length of river to Carthage, and fall 43 miles'- 9^ feet. Size of prism of canal and feeder 43 and 28 x 4. Length of navigable feeder, and fall 10^ miles ; 6 10-100 feet. Burthen of boats . 45 to 50 tons. Lockage of canal 1,082# feet. GENESEE Y ALLEY CANAL AND DANSVILLE BRANCH. Construction authorized May 6, 1836. Estimated cost at engineer's prices $2,002,285. Estimated cost at contract prices $4,900,122. Completed to Dansville November 1, 1842. Completed to Olean November, 1856. Completed to Mill Grove pond December, 1861. Total cost of canal and reservoirs .. $5,827,813. Length of canal and side cut 124% miles. Size of prism of same 42, 26 x 4 feet. Burthen of boats 50 to 55 tons. 28 stone locks, cost each $10,000. 73 composite locks, cost each $8,000. 11 wood locks, cost each $5,000. Total number and size of locks 112 locks 90 x 15 feet. ONEIDA LAKE CANAL AND ONEIDA RIVER IMPROVEMENT. REMARKS. Oneida Lake canal. Oneida River improv't. Construction authorized March 22, 1832... April 29, 1839. Estim'd cost at engineer's prices, $40,000 $100,049. Construction completed 1836 1850. $78,829 $79,346. Purchased of company by state.. May 11, 1840 For $50,000. Enlargement of locks authorized Chapter 46, Laws of 1860 7, 110 x 18 2, 130 x 30X. 40x 26x4 80 x 60 x 4X. 7 miles 20 miles. Feet of lockage 60& feet No. 1, 3 feet ; No. 2, 3K ft. STA TEMENT of the number of locks, their lift in feet, total lockage of each canal, etc., etc., of all the canals in the state of New York. NAME OF CANAL. Length in miles. Lockage in feet. 351.78 654.80 3.35 66.00 179.50 Ponrl hovp Trov dam 3.00 12.00 132.00 35.33 1,082.25 13.47 42.50 6.00 62.00 38.00 154.85 Oneida River improvement 20.00 7.85 Seneca River towing-path 1.00 8.00 22.77 76.61 8.00 277.83 Chemung canal and feeder 39.00 2 00 504.88 Cayuga inlet 97.00 1,015.33 116.50 1,045.39 Dansville branch of same 11.00 82.50 Total 839 70 5,283.79 390 SUMMARY. SUMMABT. Erie canal 352 Albany basin 1 feeders 8 361 miles. Champlain canal 66 Glen's Falls feeder , :. 12 Pond above Troy dam. 3 81 miles. Cayuga and Seneca canal 23 miles. Oswego canal 38 Baldwinsville side cut 1 Oneida River improvement 20 Seneca River towing-path 5jf Seneca River improvement . . 12} 77 miles. Crooked Lake canal 8 miles. Chemung canal 23 feeder 16 39 miles. Chenango canal 97 miles. Black River canal 35 feeder and reservoir 12 River improvement 42 89 miles. Genesee Valley canal 107 Dansville side cut 11 118 miles. Oneida Lake canal and feeder... 7 miles. Total .. 900 miles. STATEMENT showing the total cost of construction of the New York state canals, together with the expenditures for repairs, maintenance and collection also the total amount of tolls received, each canal being credited with the amount of tolls upon the tonnage contributed to the Erie, and charged with its proportion of repairs and maintenance upon the same, up to and including 1866. NAME OF CANAL. EXPENDITURES. For construc- tion, enlarge- m'ts and im- provements. For repairs, maintenance and collec- tion. Total for construction, management, etc. RECEIPTS. From tolls. Erie and Champlain Oswego Cayuga and Seneca Chemung. Crooked Lake Chenango Black River Genesee Valley Oneida Lake Baldwinsville Oneida River improvement. Seneca River towing-path . . Cayuga inlet Totals. $46,018,234 3,490,949 1,520,542 1,273,261 333,287 2,782,124 3,224,779 5,827,813 64,837 23,556 146,944 1,488 2,968 $64,710,832 $12,900,333 4,639,219 1,200,044 1,794,649 459,374 1,022,026 498,866 1,689,303 123,234 25,035 25,005 20 $58,918,567 8,130,168 2,720,586 3,067,910 792,661 3,804, 150 3,723,645 7,517,116 188,071 48,591 171,999 1,508 2,968 $24,377,108 $89,087,940 $81,057,168 9,283,230 2,184,300 2,012,575 520,416 737,285 242,603 1,306,913 65,180 1,261 204,288 5,251 4,596 $97,625,066 SUMMARY. 391 Total cost of construction, as above $64,710,832 Total interest on same 93,736,654 Total cost maintenance, repairs and collection 24,377,114: Total interest on same 27,268,895 Total from commencement to completion $210,093,495 Aggregate receipts from tolls, with interest thereon, 202,619,510 Present cost to the state of the entire canal system, $7,473,985 392 CANAL BOARD. H O q CQ 8 . o EH H OQ 11 ^ hi a Q Q rl rV| a 3 Pn Q H s w TABLE icoS oo ob to 10 c- I-H ;?T^ uojqiy -*lOH tS'^'l:-" r OCC'"O*-*CO'^*O CJSOl iu~i iCCCC i ~ n t3 o O CC ~. --: Ci iCO CC ^ ^ *-"* C5 00 t* ^ i-l 00 C$ =O Ci i-i *-* CO t-Ot-t-OOOCOCO CO O O CO -H -TH t-T^O C5i 'H O* ** CC O i " < O S "*O'T < ^OO'5>i5^CiOOC^' :ClOCi"^OCCrw^iCi'5Ci'*'**l "^ CC>?5t t ^*^ ^'~^ ; ^O2-lOl~'^5'^-^-S^' ;: -!3 1 -'^^:5Zi cc -*< cc Ci cc ^ -r Xi 7 CT '" '- t c*5 ^ ?1 *" -- 5* -r 5". ~f ~- ~f ^ CC i* " C; O cc * >-t J". "X -" ~ 'C t'i rt -^ o c; L < ^ 5D o ts o c-1 -* .*; " i* if^ x -j; ~ r: o -?* i x * rt c ^^ 3 M os t- ^# i < co cc c t- ao t-- 3* ^ cc 3^ cc c; ^ x '.2 S i" ^ It & $Z ^- *- 1_~ -*!- *t-^:xr::-o^: ^ft ^7l*5 ^- ?^ L* -x c: c~. t- : t o ""^/^ P2J^=-T'T-^ir^ ^r^-^i-n Q5PQ02^^^^49tt^iOOD^AO^^tt^tr B 4^9M9^^^^ flAkakw fl e 5 5 S 1 o 35^ 25 = 5 KS>?f"" k - iii o ~ ^^ G o ^- a> 4>^--tS .i^-OOOOOOC >>^ ' J^,JJ^JH3h-5i-J-5S<--' g^S ;~"-3_S SBSfckfiQI 394: CANAL BOARD. GOIM T I CCC 32 :3i 37 42 4:00 CANAL BOARD. 9. GENESEE VALLEY CANAL. NAMES OF PLACES. Distance, from place to place. DISTANCE FROM fe 1 8 o JD "E S o o 03 ai 1 a s o a d 39 45 -46 48 50 53 54 58 63 69 70 77 80 83 83 84 11 9 8 6 5 4 3 1 Rapids (Lock No. 1) ... Tone's Basin Scottsville Canawaugus (Avon Road) Sackett's Basin Fowlerville Road Barclay's Mill Piffardinia Spencer's Basin Cuylerville Leicester, Moscow Landing . . Genesee River Dam Mount Morris Shaker Settlement Brush ville Nunda Messenger's Hollow Genesee Falls (Tunnel section)... Portageville Lock No. 61 Mixville Landing, Wiscoy Feeder, Fillmore Caneadea Centre Oramel Belfast Rockville. Caseville Black Creek Corners Cuba Ischua Feeder Hinsdale Olean Western Portville Oswayne Creek Millgrove.. DANSVILLE BRANCH. Shaker Settlement .... Fitzhugh's Basin Kyserville Rock Spring Sherwood's Landing Steam Saw Mill McNair's Landing Woodville Comminsville Dansville 10. ONEIDA. LAKE CANAL AND FEEDER. Extends from the Erie Canal at "Higgins," four miles west of New London, to the Oneida Lake, as follows : Canal proper, from Higgins to Wood Creek Similes. Wood C.-eek, with a towing-path to the Oneida Lake 2jtf miles. DISTANCES. 401 ONEIDA RIVER IMPROVEMENT. Distance from place to place. MILES. Three River Point Peter Scott Creek 4 Oak Orchard 4 Caugtaanoy 7 Brewerton... . 5 51 = FORM OF CONTRACT FOE WORK AND EXTRAORDINARY REPAIRS, USE IN 1873. BOARD OF CANAL COMMISSIONERS. Contract for Public Work on the New York State Canals. Mr. contractor with the people of the State of New York for the construction of on the canal. Dated the day of , 18 . Work to be completed on or before the day of , 18 . NEW YORK STATE CANALS, 1873. GENERAL CONTRACT FOR CANAL. Articles of agreement, made and concluded the day of , in the year eighteen hundred and , between of the of , county of , of the first part, and the people of the State of New York, of the second part ; whereby it is covenanted and agreed as follows : CANAL BOARD. The said , party of the first part, hereby covenants and agrees to furnish all materials, which shall be of a sound and good quality, and perform all the labor necessary to construct and to finish, in every respect, in the most substantial and workmanlike manner, as the same is or may be located for the canal The construction of the aforesaid work shall be, in all respects, according to the specifications hereunto annexed, which are to be con- sidered as part of this contract. And it is further agreed, that, if at any time any overseer or work- man employed by the party of the first part shall be declared to be unfaithful or incompetent by the resident engineer or canal commis- sioner having charge of said work on that part of the canal embraced in this contract, the said party of the first part, on notice of such declaration, shall forthwith dismiss such person, and shall no longer employ him on any part of the work. No public or private road that crosses or intersects the line of said canal, or work, shall be obstructed by excavation or otherwise, until directions shall be given by said engineer to commence and complete the canal or work across said road or highway ; nor shall any crops of, grain, grass or vegetables, nor any dwelling-house or other building on said line be disturbed, unless by direction of said engineer. And it is further agreed, by the said party of the first part, that the work hereby contracted to be done, as far as may be required by the said engineer, shall be carried on so as to facilitate and not to incom- mode the prosecution of contracts for adjoining or contiguous work. And it is further agreed that this contract, in every respect, shall progress in such order, and at such places in the work, and at such times and seasons as the canal commissioners, or either of them, or the resident engineer may direct; and particular reference shall at all times be had to the navigation of said canal, and the safety of its bank and structures, and the work conducted in such a manner as not to dis- turb or interfere with the navigation, use and safety of the same ; and all precautionary measures that may be deemed necessary by said canal commissioners, or either of them, or said engineer, to guard the said navigation and said canal against the danger of interruption or injury by the prosecution of this contract, shall be carried into effect by the said party of the first part at his own cost and expense. And it is hereby further mutually agreed, that the said party of the first part will perform the work embraced in this contract, and also that the canal commissioner in charge will pay, out of the moneys appropriated therefor, in full compensation for the same, the following FORM OF CONTRACT. 405 sums at the following rates ; provided always, that the total amount paid by said commissioner to said party of the first part, shall not exceed, in the aggregate, the estimated amount of the aforesaid work, including the expense for engineering. For side chopping, grubbing and clearing, the sum of dollars. For removing ice and snow, and for pumping, bailing and draining, including the expense of constructing and removing coffer dams, exca- vating ditches, and all other items of cost caused by pumping, bailing and draining, the sum of dollars. For all earth excavations, whether of clay, loam, sand, gravel, pure, mixed or combined, including soft or rotten rock, which, in the opinion of the resident engineer, can be plowed, and stone measuring less than half a cubic yard, and for the removal of all slope Avail, vertical wall and docking, at the rate of cents per cubic yard. For excavation of all rock, which, in the opinion of the resident en- gineer, cannot be excavated without blasting as cheaply as with blasting, at the rate of dollars and cents per cubic yard. For excavation of rock, which, in the opinion of the resident engineer, can be excavated without blasting as cheaply as with blasting, at the rate of cents per cubic yard. For excavation of old masonry, at the rate of dollars and cents per cubic yard. For embankment, as provided in specifications, at the rate of cents per cubic yard. For lining, as provided in specifications, at the rate of cents per cubic yard. For puddling earth, as provided in specifications, at the rate of cents per cubic yard. For procuring and puddling in gravel between foundation timbers, and at sheet-piling, at the rate of cents per cubic yard. For slope wall and pavement, at the rate of dollars and cents per cubic yard. For loose stone, at the rate of cents per cubic yard. For loose stone and gravel, intermixed with brush, at the rate of cents per cubic yard. For vertical or battered rubble walls, laid in hydraulic mortar, at the rate of dollars and cents per cubic yard. For vertical or battered rubble walls, laid dry, dollars and cents per cubic yard. For masonry in abutments, piers, wings, spandrels and parapets, laid in hydraulic mortar, at the rate of dollars and cents per cubic yard. For masonry in abutments, piers, wings, spandrels and parapets, laid dry, at the rate of dollars and cents per cubic yard. 406 CANAL BOARD. For masonry in arches, laid in hydraulic mortar, including centers, and removing the same, at the rate dollars and cents per cubic yard. For masonry in arches, laid dry, including centers, and removing the same, at the rate of dollars and cents per cubic yard. For coping, at the rate of dollars and cents per cubic yard. For concrete masonry, at the rate of dollars and cents per cubic yard. For white oak timber, boards, plank and scantling, at the rate of dollars and cents per M. feet, B. M. For white pine timber, boards, plank and scantling, at the rate of dollars and cents per M. feet, B. M. For red beech or white elm timber, boards, planks or scantling, at the rate of dollars and cents per M. feet, B. M. For hemlock or spruce timber, boards, plank or scantling, at the rate of dollars and cents per M. feet, B. M. For white cedar or chestnut, at the rate of dollars and cents per M. feet, B. M. For bearing piles, delivered as per bill, at the rate of cents per lineal foot. For driving bearing piles, measured in the work, at the rate of cents per lineal foot. For wrought-iron work, at the rate of cents per pound. For cast-iron work, at the rate of cents per pound. For spikes and nails, at the rate of cents per pound. For zinc, at the rate of cents per pound. For sulphur and sand cement, dollars per each structure. For painting and sanding, at the rate of cents per square yard. For constructing road, at the rate of dollars and cents per rod. The prices above specified are to be in full compensation for all materials and labor required to put the same into the work herein con- tracted for, and complete the whole work in all respects, including the expense of famishing all the materials, and performing all the work according to the plans, specifications, and notices exhibited at the let- ting of said work, which said notice and the papers hereto annexed, as far as applicable, form a part of this contract. And the said party of the first part hereby further agrees to perform all the work contracted for, as specified in this contract, but any altera- tion in the form, dimensions, location or manner of doing work ordered by the canal commissioner and division engineer, in accordance with section 9 of chapter 377, of Laws of 1850, or of subsequent enact- ments relating to public work, shall be made as directed, and when the FORM OF CONTRACT. 407 several quantities of work, or any of them, from this or any other cause that may enhance the cost of the work, shall be increased beyond the amount or amounts exhibited at the time of letting this contract, such increase shall be paid for at the rates herein provided for the same class of work ; and whenever the several quantities of work, or any of them, shall, in any respect, from this or any other cause, be diminished below the amount or amounts exhibited at the time of let- ting this contract, the party of the first part hereby agrees to perform the remaining work at the prices stipulated in this contract, and to make no claim for demages in consequence of such increase or diminution. And, it is also hereby further mutually agreed, that the aforesaid party of the first part shall receive and use in the work herein con- tracted for, such timber, stone, iron and other materials as shall be fur- nished by the State, and that all materials found in the mechanical structures, or in the slope wall, vertical wall and docking of the old canal, within the limit of this contract, shall be considered the property of the State, and the party of the first part shall carefully select and preserve them, and when directed by the engineer in charge, shall use the same in the construction of the work, and shall allow for all of said materials furnished or found, such sum or sums as the division and resident engineers shall deem equitable, and the value thereof shall be deducted from the total amount of work done; and when materials other than above mentioned, are found in the excavation, or in places from which earth for embankment is obtained, the party of the first part shall be allowed to use, without charge therefor, all such materials as the engineer in charge may approve of and deem necessary and proper in the construction of the work ; but any surplus materials shall be considered the property of the State, and shall be deposited as directed by said engineer. And, it is hereby further agreed, that fifteen per cent of the amount of work done, or materials furnished under this contract, at the con- tract price thereof, shall be reserved by the canal commissioners until the whole work, which is the subject of contract, shall be fully and entirely completed. And, it is further agreed, that within twenty days from the expira- tion of each month in which the work herein contracted for shall have been prosecuted according to the terms and conditions of this contract) the aforesaid commissioner will pay therefor such sums, as shall not, together with former payments, exceed the amount actually due under this contract, according to the estimate of the engineer, except the sum due on the final account ; but, if, at any time after such payments 4:08 CANAL BOARD. have been made, either of the canal commissioners, or any of the engineers employed on the work, shall discover that any of the work included in the estimates, on which such payments have been made, has been performed in an unworkmanlike manner, or contrary to the said specifications, the canal commissioner or resident engineer shall direct the party of the first part to take down, and rebuild such work in the manner required by the said specifications, and no further pay- ments on this contract shall -be made until the said party of the first part shall comply with such directions. Provided, however, and it is expressly covenanted and agreed, on the part of the said party of the first part, that the work hereby speci- fied and embraced in this contract shall be commenced and properly prosecuted at the times and in the manner directed by the resident engineer or canal commissioner in charge, and that the said work sljall be performed and completed on or before the day of , in the year one thousand eight hundred and And it is further mutually understood and agreed, that, in case the exe'cution of this contract shall be suspended by the party of the second part at any time, or for any cause, no claim for prospective profits on work not done shall be made or allowed ; but the party of the first part shall have the right to complete the work when th3 party of the second part shall order it to be resumed. And it is further agreed, that if, in the opinion of the resident engineer, the said party of the first part shall refuse or neglect to com- mence, or properly execute the work embraced in this contract, or shall violate any of its provisions, or perform the work in an improper man- ner, the said engineer may certify the same in writing to the board of canal commissioners, and in such case the said board, or a majority of them, shall have power, by resolution to be entered on their minutes, to certify and declare that this contract has been violated and aban- doned by the said party of the first part ; and, on the making of such certificate, the said contract shall be deemed violated and abandoned, and the sum of money, bonds or stocks required by the commissioners as security for the entering into said contract, together with such other additional securities as they may have required, and then hold as security for the completion of the work under this contract, shall be forfeited to the State, and paid into the treasury and become a part of the canal fund. And it is hereby further understood and agreed between the parties to this contract, that in case of delays arising in the progress of the work, either from neglect or inability on the part of the said part)' of the first part, which may, in the opinion of the canal commissioner in charge, FORM OF CONTRACT. 409 retard the opening of the canal, or in any way embarrass or inter- fere with its navigation, said canal commissioners, or any one of them, may direct the resident engineer to employ a sufficient force, and purchase the necessary materials to complete the work, or such portion of it as may be necessary to secure navigation, according to the specifications hereunto annexed ; and all expenses incurred in the performance of such work shall be paid for by the said canal commissioners, on the affidavit of the engineer, and the amount shall be charged to the account of the aforesaid party of the first part. And the said party of the first part further promises and agrees not to give, or sell, or allow to be given or sold, by any agent or agents in his or in their employ, any ardent spirits to the workmen or any other persons, on or near the line of said canal, or allow any to be brought on the work by the laborers or any other persons. And the said party of the first part hereby further promises and agrees to perform the several stipulations of this contract by the eaid party of the first part and workmen under said party's immediate superintendence, and not by a sub-contract or sub-contractor. And it is hereby further mutually agreed, that the resident engineer, for the time being in the employ of the State, on the work herein con- tracted for, shall in all cases determine the amount or quantity of the several kinds of work which are to be paid for tinder this contract, and the amount of compensation to be paid therefor, which compensation shall not exceed the prices agreed upon for the items of work herein specified, or a just and reasonable price for necessary extra work done, directed and ordered pursuant to law, and not otherwise provided for, and shall, within ninety days after the work shall in all respects have been completed according to the terms and conditions of this contract, present a final account and estimate of the same to the division en- gineer of the division of the State canals upon which said work is located, who shall review, and, when satisfactory, approve and deliver the same to the canal commissioner. And it is further agreed, that in case of any misunderstanding or dis- agreement between the resident engineer and the said party of the first part, or with the canal commissioner in charge, in regard to making up the final account of work on said contract, the said account shall be referred by either of the said parties to the State engineer and sur- veyor and said division engineer, who shall examine the same, and decide whether it is made up according to the strict terms of the specification and contract, and at just and reasonable amounts and prices for all materials that may have been furnished by the State, and for all necessary extra work that shall have been ordered and 52 410 CANAL BOARD. directed pursuant to law, and done by the party of the first part, and such decision shall be final and conclusive, subject, however, to revis- ion by the canal board before the same is paid, as now provided by law. And within ninety days after the work, in the opinion of the afore- said resident engineer, shall have been fully completed as above directed, and the final account thereof approved and settled as herein provided, the aforesaid confinissioner shall pay to the said party of the first part the sum which, according to said final account, shall remain due, and take a receipt in full for the same. Witness our hands and seals on the day and year above written. Canal Commissioners. STATE OF NEW YORK, ) ? County, \ On this day of , 18 , before me appeared , who acknowledged that he executed the foregoing instrument, and ] certify that I know the person who made said acknowledgment to be the individual of the first part described in and who executed the said instrument. Appropriation and description of Canal Lands. The manuscript maps and field notes of the canals of this State, which were pre- pared and approved in pursuance of the provisions of chapter 9, title 9, article 1, of the Revised Statutes of 1827 (see sections 213-217, p. 130 of this Manual), besides the formal certificate of compilation by the board of canal commissioners, and the formal certificate of approval by the canal board, under their signatures, and the statement of the comptroller that the same had been filed and deposited in his office are prefaced by the following explanation of the canal commissioners, showing the plan or method of the surveys, and the full extent, scope, and meaning of their appropriation of lands and waters taken for canal purposes. " Explanatory Remarks. " The red line, described along the inner edge of the towing-path, is the line upon which all the measurements in the direction of the length of the canal were made. The bearings of the different por- tions of this line are given in reference to the magnetic meridian, as the same stood in " The length of the several portions is inserted at the end of each, in chains and links. The offsets at each station are represented by FORM OF CONTRACT. 41 1 red lines drawn across the canal in such a direction as to bisect the angles formed by the two contiguous portions of the red or base line, as it is termed, upon the towing-path. The intermediate offsets are described at right angles to, and the distance upon both given from the base line in links. The latter are represented by red dotted lines, and the distances to them upon the base line reckoned, in each case, from the last preceding station. The same is likewise done with the other distances upon the base line; those to the bridges being taken to the lines joining the nearest angles or corner-posts of their abut- ments ; those to the locks extending to the lines passing though the center of the two nearest quoin posts, and those to the aqueducts, to the faces of their abutments. " The space inclosed by the blue lines represents the portion em- braced within the limits of the survey, as belonging to the State, and the names of the adjoining proprietors given as they stood at the time of executing the survey. The distances are projected upon a scale of two chains to the inch. " Where the red cross lines extending from the red base line toward any stream, either have no figures denoting their length, or have a cross (x) annexed to the figures, the canal extends to and into the stream. Where any stream or pond is on the same level with the waters of the canal, and the navigation is conducted in such stream or pond, the stream or pond is included in the canal to the high-water mark of the stream, with a berme on each side of fifteen links, where no to .ving-path is designated on the map. " The spoil-banks belonging to the State, of earth, gravel and stone, taken from the canal and its banks in constructing them, are not desig- nated on the map. " The houses, shops, barns and other erections within the blue lines, except those constructed by the State, are encroachments on the canal. "Streams, channels and ditches leading from waste-weirs, waste gates, culverts and aqueducts, though not included within blue lines, have been appropriated as drains to such waste-weirs, gates, culverts, and aqueducts. The lengths of the offsets and other cross lines are to be taken to the extent the figures indicate. In some cases the beds of rivers and streams were excavated and improved for the purpose of the free and safe discharge of water under aqueducts and culverts, and for the purpose of guarding against damage by ice floods and floating materials, and for the purpose of giving a direction to the stream above and below aqueducts and culverts. 412 CANAL BOARD. "In many such cases, public works, of the description mentioned, are not included within the blue lines indicating the boundary of the canal. " In these, and all other cases of a similar nature, the State claims, beyond the blue lines, so far as will enable it, in all cases, to repair, maintain and defend its works ; claiming, as of right, in all places, not only that which may strictly be considered the canal, but every thing fairly connected with its safety, beneficial use and enjoyment." The foregoing EXPLANATORY REMARKS have been prepared as a part of this book containing volume number , of the map of the canal, previous to the time of submitting the / MAp and FIELD NOTES of the said canal to the canal board for its approbation. Dated, this day of , 183 . Signed, etc., Canal Commissioners. STATE OF NEW YORK, ) CANAL DEPARTMENT. f I HEREBY CERTIFY that the foregoing printed statements of the "regulations relative to the weighing and inspecting of boats and their cargoes;" " relative to tolls on passenger s ;" "relative to the navigation of the canals /" the "authority to canal officers to sue for penalties /" "miscellaneous regula- tions;" and of the "Rates of Toll" to be collected on the canals of this state, are true copies from the original minutes of the Canal Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office, this day ,18 . Auditor. INDEX, A. LAWS. ABANDONED CANAL LANDS: Section. Page. when they may be sold 199, 123 when they may be released 200, 123 preferences 201, 123 inquiry into rights of parties 202, 124 privileges extended in certain cases 203, 124 exceptions 204, 124 Directions to applicants for grants note, 124 ALBANY : tolls on railroad bridge to be approved by canal board, note, 227 ALBANY BASIN note, 176 loan for work and in lieu of tolls 344, 175 appropriation and conditions 345, 175 tolls to pier owners repealed 346, 176 final settlement 347, 176 tolls to be computed for one mile 348, 176 improvement of basin 349, 177 narrowing of, near Quay street 350, 177 bridges, injuries to 351, 177 pier opening may be contracted 352, 177 new opening above Columbia street 353, 178 liability of state and city 354, 178 full depth of water to be maintained 355, 178 wharfage or dockage 356, 178 work to be protected 357, 179 liability of state limited 358, 179 certificate required 359, 180 action for damages, by freshet of 1869 360, 180 APPEALS : [See " Canal Appraisers."] APPRAISEMENT OF DAMAGES: [See " Canal Appraisers."] APPRAISERS, CANAL: [See " Canal Appraisers."] APPROPRIATIONS, by constitution of 1846 : for canal debt and sinking fund 1, 57 416 INDEX. A. LAWS. APPROPRIATIONS Continued. section. Page. by constitution of 1846 Continued. for general fund debt and sinking fund 2, 57 for sinking fund, enlargement, revenue, certificates, etc. (amendment of 1854) . 3, 58 how to be made by law 8, 61 final passage of 14, 63 by subsequent statutes : , for enlargement in 1854 4.. ... 78, 92 for revenue certificates 80, 93 for sinking fund 81, 93 for deficiencies, in 1855 84, 94 for enlargement 85, 94 for enlargement in 1856 86, 95 for claims, etc., in 1859 89, 96 provision in repair contract acts note, 119 for Champlain enlargement in 1870 228, 135 United States may provide for ship canals 235, 138 provisions in acts for new works, etc note, 161 [See " Loans."] ANALYSIS: of extracts from constitution 7 of canal laivs 9 ATTORNEY-GENERAL : may bring certiorari in certain cases 96, 99 proceedings thereon 97, 9'. not to prevent appeal 98, 99 preferences in the courts 99, 100 appeals by state officers without security 100, 100 such appeal to have preference 101, 100 no injunction to issue out of district, etc 102, 100 when governor may appoint counsel 103, 100 proceedings in name of people, how governed 104, 101 shall prepare papers for certain officers 154, 112 AUDITOR OF THE CANAL DEPARTMENT. duty of, when bonds are not filed 26, 73 charges on the canal fund defined 105, 101 compensation of canal appraisers, and their office expenses to be paid from 107, 102 compensation to ex-appraisers 108, 102 of the canal department 109, 102 office of auditor created ; chief clerk abolished 110, 103 powers and duties of, defined Ill, 103 seal of office 112, 103 books and papers, where to be kept 113, 103 copies of, to be evidence . . . . , 114, 103 to employ and pay clerks 115, 103 to make annual statement of tolls, trade and tonnage, 116, 104 canal funds to be paid into treasury 117, 104 balances to be credited to treasurer 118, 104 moneys, how transferred by warrant 119, 105 'INDEX. A. LAWS. 417 AUDITOB Continued. Section. Page. all moneys paid by treasurer on warrant of the auditor 120, 105 warrant must specify law, chapter, date and item of appropriation 121, 105 to countersign treasurer's checks 122, 105 to keep account of receipts and payments 123, 105 to make report thereof annually 124, 105 report to the legislature 125, 105 may designate a clerk as act nig auditor 126, 106 may designate a clerk as deputy auditor 127, 106 may designate a clerk as secretary of the canal board, 128, 106 governor to appoint auditor 129, 106 suspension for violation of duty. 130, 106 term of office and salary 131, 107 compensation of clerks 132, 107 expenses of canal department 133, 107 compensation of collectors, etc 134, 107 penalties remitted and tolls refunded, how paid .... 135, 107 may remove collectors and fill vacancy 136, 108 payment of awards for damages, when made 137, 108 money for damages, when to be deposited 138, 108 certificate of title before payment 139, 108 not to pay drafts, unless on verified measurements. . 140, 109 conditions to payments to contractors 141, 109 measurement to, accompanying receipt 142, 109 expenses, engineer department, how paid 143. 109 engineer to file bond 144, 109 engineer to render accounts 145, 110 commissioner to certify such accounts 146, 110 superintendents of repairs, advances to 147, 110 form of detailed estimates 148, 110 estimates to be certified by commissioner 149, 110 purchases for state, how made, vouchers for 150, 111 to settle canal commissioners' accounts and report, 151, 111 when to act in place of commissioner 152, 111 when to suspend weighing at Syracuse 153, 112 attorney-general to furnish drafts of contracts, etc., 154, 112 auditor to prepare and furnish blanks, forms, etc.. . 155, 112 awards and certificates, when to bear interest 156, 112 to cease after notice of time of payment 157, 113 treasurer to pay auditor's warrant for 158, 113 fiscal year, to date from October 1 159, 113 books and accounts to correspond thereto 160, 113 officers' accounts to close September 30 161, 113 annual reports of state officers 162, 1 1 3 of the public printing 163, 114 duties under repair contract system note, 117 may require affidavits and administer oaths 282, 153 payment of contractors' drafts 308, 164 commissioners' certificates for final accounts 313, 165 certificates for appraisers' awards note, 165 tolls, acts relating to 498, 224 53 418 INDEX. A. REGULATIONS, ETC. AUDITOR Continued. section. Page- rules, regulations, etc., how certified 520, 229 remission of penalties 524, 229 when not to be remitted 527, 230 to publish proceedings of canal board 549, 236 leases for mills and use of water 609, 251 as to superintendent's account 630, 257 how verified by commissioner 631, 257 publication, superintendents' abstract I . . 638, 259 filing same 639, 260 to prescribe form of abstract 640, 260 form prescribed by auditor 371 certificate of publishing or filings 641, 260 collectors' books and accounts 650, 261 banks to report monthly, deposits when changed. . . 653, 262 to regulate the refunding of tolls 654, 262 proceedings against collectors 655, 262 collectors not to select measurers of timber, etc. ... 658, 263 to certify to number of collector's clerks 659, 263 to keep registry of boats 673, 268 to change register on proof of transfer 674, 268 copies to collectors 675, 268 not to change name of boats, unless to conform to United States custom-house regulations, etc 679, 269 penalty for false bill of lading 684, 270 returns on sale of abandoned property 730, 278 registry of liens by mortgages on boats, tugs, scows, or other craft 747, 281 certificate of, under seal, of copies of regulations, etc 413 AUTHORITY FOR REGULATIONS : [See " Regulations."] A. REGULATIONS, ETC. Additional toll : Reg. No. how entered and receipted 11, 339 Affidavit : of agent's clerk or tallyman 1, 333 Res. No. of measurers of lumber or wood 38, 367 of master of boat laden with lumber 38, 367 of shipper of lumber destined to New York 40, 367 of master of boat for New York 40, 367 Agents of line : Reg. No may sign bill of lading 1, 334 Albany: weighing boats at 5, 337 clearances to New York boats 6, 337 boat from, inspected at Schenectady 13, 340 INDEX. B. LAWS. 419 BEGULATIONS, ETC. Continued. A Ibany Continued. Reg . No> Page< little basin, margin of 56, 351 Res. No. Oswego tolls, account of 13, 362 Assistant weigkmaster : how appointed or removed 15, 362 how to sign as assistant 32, 365 oath, to be indorsed and filed 33, 365 to act as inspectors 34, 365 duties of 35, 366 Auditor : duties as secretary of canal board rules, 329 Reg. No. to give directions on report of frauds, or prosecute for perjury 7, 338 division 4f treble tolls received 8, 338 may commute for tolls on passengers 27, 343 to report breaks to collector's offices 85, 359 Res. No. to furnish blanks, forms, etc 5, 360 may remove collectors, weighmasters, or their assist- ants 16, 362 Authority : to sue for penalties Reg. No. to collectors of tolls 65, 353 to superintendents 66, 353 to weighmasters 67, 353 to lock-tenders 68, 353 B. LAWS. BALDWINSVILLE DAM, ETC.: Section. navigation of Seneca river extended 375, 187 height of dam, monuments, etc 376, 187 flush boards 377, 188 surplus waters, structures to be maintained 378, 188 subject to canal laws 379, 188 dam to be rebuilt of stone 380, 189 tolls on river, above dam 503, 225 tolls on river improvement and dam 504, 226 BANKS : canal fund deposits, interest, etc 50, 84 toll deposits, terms and conditions 511, 227 salt revenues 512, 227 deposit by collectors ... 652, 261 monthly account to auditor 653, 262 420 INDEX. B- LAWS. BANKS OF CANALS : seetiou. Page. injuries to, penalty 787, 291 riding or driring thereon, penalty 788, 291 BEAVER RIVER : surveys on 405, 197 tolls on 506, 226 BILLS OF LADING: [See " Collection of Tolls."] BlNGHAMTON : highway on portion of Chenango canal 398, 194 railroad on Chenango extension 401, 195 BLACK RIVER CANAL, AND ERIE CANAL FEEDER : designation and description of 210, 129 BLACK RIVER IMPROVEMENT: from High Falls to Carthage note, 198 BLACK RIVER RESERVOIRS : surveys ordered on Black, Moose and Beaver rirers, 405, 197 dams, gates, etc., to be constructed 406, 198 structures made part of public works; supply of water in summer- 407, 198 commissioners to appoint keepers, etc 408, 198 penalties for interfering with or damaging works. . . 409, 199 canal laws to apply thereto 410, 199 portion to be annexed to section No. 2 411, 199 appropriation to restore 11,000 feet water per M. . . 412, 199 for dam over Moose river 413, 200 bridges over Black river note, 289 BLACK ROCK : surplus waters at note, 245 walls at, an exception 596, 246 piers and warehouses at 606, 250 conditions 607, 250 erection of mills and use of water 608, 250 proceedings on non-payment of rent 612, 252 action of canal board in 1872 613, 252 BLANKS, FORMS, ETC.: to be prepared by auditor 811, 296 BOATS: General provisions : interrupting navigation, may be destroyed 268, 149 purchase of, for repairs ........ 388, 173 not to stop at certain points 455, 211 powers of Whitehall inspector 496, 223 canal board may regulate size and structure of, etc. . 514, 228 harbor master's fees on. in New York 664, 264 may be detained for tolls or expenses 696, 272 INDEX. B. LAWS. 421 BOATS Continued. Section. Page. Bills of lading, tolls, etc. : [See Tolls."] 681, 269 Definition : of terms "float "and "master" 802, 295 Registry of boats : certificate of registry 670, 267 new certificates, when required 671, 267 duty of collector 672, 268 register, in auditor's office 673, 268 how changed 674, 268 copies to collectors 675, 268 registry before clearance 676, 268 who deemed owners 677, 268 penalties 678, 268 name of mortgaged boat not changed, except, etc. .. 679, 269 name painted four inches in height 680, 269 Registry of liens : mortgages to be filed in canal department 747, 281 provisions relating to, etc 748, 282 Navigation, etc. : berths to be assigned boats 711, 275 speed of, not over four miles, except, etc 712, 275 not over six miles on enlarged canals, etc 713, 275 steamboats to pass on berme side 714, 275 passenger boat, preference in passing 715, 276 boats meeting, to pass to the right 716, 276 preference to boats going to tide- water 717, 276 penalties for last three sections 718, 276 preferences at locks 719, 276 lock-tender to decide 720, 276 penalties 721, 276 setting poles, pointed with iron 722, 277 knife on bow 723, 277 penalty for using either 724, 277 obstructing by mooring or misconduct 725, 277 obstructions by sinking, etc., or on tow-path 726, 277 Abandoned or stolen property : seizure and sale of abandoned property. 727, 277 owners' rights 728, 277 avails, how accounted for 729, 278 when and how paid over 730, 278 stealing rails, posts, boards, etc., along canal 731, 278 penalty 732, 278 boat liable for the penalties 733, 278 boat may be detained 734, 278 when released ; when sold 735, 279 frauds on revenues : oaths may be administered 736, 279 boat forfeited for false clearance 737, 279 422 INDEX. B. LAWS. BOATS Continued. Section. Page Frauds on revenues Continued. goods forfeited for false marks 738, 279 registry of liens by mortgage 747, 281 Destruction of boats : willful destruction of boats, a felony 814, 296 by owners, with intent, etc., a felony 815, 297 attempt to injure or, destroy, a felony 816, 297 Steam towing : cable systems, etc 817, 297 commission to test new motors 837, 302 BONDS : Of canal commissioners : how made, filed and renewed 898, 145 Of collectors : when filed, approval of sureties, etc 620, 254 Of contractors : for damages, by negligence, etc 300, 162 for performance of contract with state 301, 162 for laborers, to pay monthly, where filed 302, 162 when prosecuted 303, 163 actions, how brought 304, 163 Of engineers: for expenditure of money advanced 315, 166 for faithful discharge of duties 877, 315 Of public officers : to be filed with oath of office 24, 73 notice of neglect to file bond 25, 73 duty of auditor, in case of such neglect 26, 73 liability on bonds 27, 74 when terminated 28, 74 penalty for acting without bond 29, 74 Of superintendents : to be filed in department, auditor to approve sureties, 620, 254 BOOKS AND PAPERS : proceedings to compel delivery of note, 78 BREAKS IN CANAL : power of commissioner or superintendent at 268, 149 power of superintendents at 338, 173 BRIDGES : (Chapter 9, Title 9, Article 8.) railroad swing-bridges authorized note, 148 at Port Schuyler, used by horse railroad note, 149 Albany railroad bridge, tolls on note, 227 railroads crossing canal 266, 148 town bridges over new roads 760, 285 model and location 761, 285 INDEX. B. REGULATIONS, ETC. 423 BRIDGES Continued. section. Page. penalty 762, 285 road and street, state bridges over the enlarged canals (act of 1839) 763, 285 farm bridges over the enlarged canals 764, 286 benefits and damages on 765, 286 commutation for bridges on all canals 766, 286 benefits set off against damages 767, 287 appraisement, how made 768, 287 amendment of 1840 (see sec. 766) 769, 287 private road to bridges, how made 770, 287 certificate of title with bridge awards 771, 288 no farm bridges from division of farms 772, 288 amendment of 1854 (see sec. 763) 773, 288 bridges only upon old streets and roads 774, 288 repealing clause 775, 288 state bridges not to be crossed faster than a walk . . . 776, 288 nor with more than twenty-five cattle 777, 289 penalty 778, 289 Illingworth's and Beach's Black river 779, 289 statutes for bridges on Black river note, 289 Fort Miller Bridge Company, to pass employees free 780, 290 tow-path bridge at Cohoes 781, 290 control of, contribution of Cohoes, etc 782, 290 West Troy, Water street, canal and bridge 783, 290 injuries to bridges or other structures 786, 291 Buffalo : Hamburgh and Main street basin 224, 133 Clark & Skinner canal 225, 134 B. KEGULATIONS, ETC. Banks of canals : R eg . NO. to be kept clear, penalty, etc 52, 350 tow-path Erie to be kept clear fourteen feet wide. . . 83, 358 same rule to Erie and Champlain 84, 358 Banks : Res. NO. canal officers not to be agents of .... 8, 361 not to advance to superintendents 27, 364 Berths : Reg. NO. how assigned to boats 55, 351 Bill of lading : how signed 1, 333 report of frauds in ?, 338 form of, and of clearance 369 for salt in barrels or casks 25, 342 penalty for false bill 26, 343 INDEX. B. REGULATIONS, ETC. Black river canal : Reg. NO. rae. distances OD 399 draft of water and height of boats 2, 334 Black river improvement : distances in 399 draft of water on note, 198 Black Rock : tolls to be computed .from Buffalo 69, 354 clearances and lockages at 70, 354 Blanks : Res. NO. to be furnished by auditor 5, 360 Boats : Beg. NO. how cleared, penalties for false representations, etc . . 1, 333 draft of water and height of boats on the several canals : penalties 2, 334 clearances to be exhibited 3, 336 to be weighed twice ; exceptions 5, 337 between offices, bill of lading to be given lock- tender 10, 339 clearances for boats stopping short 11, 339 to be loaded conveniently for inspection 12, 339 light weight, how ascertained ; penalty 16, 341 omission to get light weight ; penalty 18, 341 fraud in light weight ; penalty 19, 341 to enter weight-lock when ordered 20, 341 penalty for refusal 21, 342 to carry lights at night 36, 344 not to moor within twenty rods of lock, etc 37, 344 delays at locks 38, 345 delay in entering lock 39, 345 form of bow ; penalty : registry ; toll, two cents per mile 40, 345 to move as ordered in case of break or obstruction . . 42, 348 rudder, how to be constructed 44, 349 use of snubbing post at locks 47, 349 when overtaken, return out, boats propelled by steam to take berme bank; how to pass boats; penalty 49, 349 meeting rafts 50, 350 to enter locks carefully ; penalty 51, 350 mooring boats, directions and penalty 53, 350 berths, how assigned and held; penalty 55, 351 changing names prohibited, unless, etc 63, 352 not to be moored to structures ; . penalty 73, 354 not to be moored within ten rods of limits of Water- vliet arsenal 74, 355 draft of, at Buffalo 79, 357 not more than two boats to be abreast in West Troy, 86, 359 INDEX. C. LAWS. 425 Boats Con tinned. Res. NO. Page, sunken boats, expenses of superintendent, how col- lected and reported 26, 363 special regulations relative to lumber 38, 366 II. S. coasting license for note, 269 Breaks in canal : Reg> No power of officers to move boats 42, 348 auditor to give notice of, to collectors' offices 85, 359 Bridges : height of, on enlarged canals ; height of, on the other canals 2, 335 speed of horses on ; penalty 48, 349 boats not to be moored to ; penalty 73, 354 opening in, at Buffalo, to be closed 82, 358 Buffalo : certain tolls to be computed from, 69, 354 boats not to be loaded from bridges 82, 358 C. LAWS. CABLE TOWING : ^ section. by submerged cables, European system 817, 297 by suspended cables, Kingsley 87 to settle with auditor 322, 167 to close accounts September 30 161, 1 J 3 annual report to legislature 323, 1 67 when to be completed 324, 16S Superintendents, estimates, etc. : advances to superintendents 325, 168 estimate to be approved and filed 326, 168 to allow or disallow items of estimate 327, 168 boats, tools, materials, etc 328, 169 proposals for, how made 329, 169 security for 330, 170 penalty for non-performance 331 , 170 at breaks, how procured 332, 170 tools, etc., how examined 333, 171 settlement of contracts 334, 1 72 payments 335, 172 may direct purchase of tools and materials 336, 17 :> > contracts for, how made 337, 173 estimates to be strictly followed 338, 173 price of labor, how fixed 339, 174 eight hour law 340, 174 to whom the act applies 341, 174 penalties as to officers 342, 174 penalties as to contractors 343, 174 to give directions to superintendents 622, 255 penalties for false estimates 872, 313 Fishways : to be maintained in certain dams . . 364. 182 INDEX. C. IAWS. 433 COMMISSIONERS Continued. Section. Page. Erie canal : cost of rebuilding locks, how paid 365, 182 and of other structures 366, 183 miscellaneous notes on note, 183 Cayuga inlet : depth of channel, etc 367, 183 Cayuga and Seneca canal : height of Waterloo dam, etc 369, 184 Baldwinsville dam and canal : navigation of Seneca river, etc 375, 187 Os w ego river : dams to be built of stone 381, 189 surplus waters of 602, 248 Crooked Lake canal : rebuilding locks 382, 189 Chemung canal : dimension of locks 383, 190 connection with Junction canal 385, 190 portion of, for street in Elmira 389, 191 railroad, swing bridges over 392, 192 railroad may use portion of, at Elmira 393, 192 Chenango canal: Utica Asylum may use water of 395, 193 Binghamton may use a portion of 398, 194 railroad on tow-path, Chenango extension 401. 195 Slack river canal, feeders, reservoirs, etc. : surveys ordered 405, 197 to construct dams, etc 406, 198 structures made part of the public works 407, 198 to appoint keepers 408, 198 penalties for injuries 409, 199 canal laws applicable to 410, 199 limits of section No. 2 411, 199 water diverted to Erie canal 412, 199 dam across Moose river 413, 200 Genesee Valley canal: Oil Creek reservoir ; Gelma feeder 414, 200 monuments, etc 415, 200 Oneida Lake canal: tocks on 416, 201 to appoint keeper of Oak Orchard bridge 417, 201 appropriations for completion of canal 418, 201 Commutation and damages : may settle for temporary damages 446, 209 appraisement of 447, 210 may commute for bridges 456, 211 rule of damages 457, 212 may agree for water privileges 580, 241 may settle for resumption of water 586, 242 55 434 INDEX. C. LAWS. CANAL COMMISSIONERS Continued. Section. Page. Legal proceedings : may bring certiorari on certain awards 473, 216 proceedings thereon 474, 217 not to prevent appeal 475, 217 claims for judgments, etc., against officers 93, 98 how examined 94, 98 appeals may be brought without security 100, 100 preferences in the courts 101, 100 injunctions against, wtfere to issue 102, 100 appeals to supreme court in water cases 604, 249 proceedings thereon 605, 250 Water privileges and surplus water : agreements relating to 580, 241 rights of parties, conditions, etc 581, 242 gates to be closed for non-fulfillment 583, 241 commissioners may resume privileges 584, 242 damages, how settled 586, 242 who entitled to surplus waters 589, 243 value of former use 590, 243 discretion as to closing gates 592. 244 proceedings on sale of water 593, 244 walls to be erected 596, 246 no waste gates permitted 597, 246 water, how to be discharged 599, 247 penalty for wasting or selling water 600, 247 water at locks 601, 248 waters of Oswego river 602, 248 on Syracuse level 603, 248 piers and warehouses 606, 250 mills on, and use of water 608, 250 how to be constructed 610, 251 regulation of water in levels 812, 296 waste-weirs and waste-gates 813, 296 CANAL COLLECTORS : [See "Collectors."] CANAL DAMAGES : [See " Canal Appraisers."] CANAL DEBT: [See "Canal Fund" and "Constitution."] CANAL DEPARTMENT : constituted in 1841 109, 102 chief clerk of, powers and duties note, 102 office of, abolished 110, 103 powers transferred to auditor Ill, 103 printing for 163, 114 CANAL ENLARGEMENT AND IMPROVEMENT ACTS : [See " Canals."] CANAL FUND : Designation and description of (ch. 9, tit. 2) 41, 81 pledge of part of 42, 82 statement of canal debt in 1850 43, 82 Commissioners of the canal fund 44, 83 to superintend and manage fund, quorum of, comptroller to be present 45, 83 INDEX. C. LAWS. 435 DANAL FUND : Section. Page. Commissioners of the canal fund Continued. their duty ; reports, etc 46, 83 application df surplus revenues 47, 83 investment of 48, 83 investment in other stocks 49, 83 deposits of, and interest on 50, 83 may direct transfers of by treasurer 119, 104 report of deposits and interest thereon 61, 84 when money may be borrowed for 52, 84 in case of unavailable funds 53, 84 general authority to borrow money 64, 87 to regulate transfers of state stock 54, 85 to be issued by auditor 55, 85 state stocks, how issued and renewed 56, 85 to advertise for proposals 63, 87 redemption of certain stocks 65, 87 state stocks, regulations for office, issue transfer, renewals, etc. ; act of 1840 66, 88 tax for new work, how anticipated note, 161 Legal proceedings relating to : commissioners of, may allow for judgments, etc., against officers 93, 98 claims, how examined 94, 98 to defend in certain suits and proceedings 95, 99 to test legal questions in certain cases 96, 99 proceedings thereon 97, 99 not to prevent appeals to canal board 98, 99 preferences 99, 100 appeals 100, 100 injunctions 102, 100 suits in name of people 104, 101 moneys for damages, when deposited 138, 108 Loans and appropriations : sinking fund created to pay canal debt; yearly appro- priations Const., 1, 57 general fund and sinking fund 2, 57 sinking fund; expense of government; enlargement; certifi- cates ; tolls and contracts (amendment of 1854) 3, 58 taxes to increase sinking fund 5, 60 appropriation acts, requisites of 8, 61 power to make debts, limited 10, 61 all other debts to be submitted to the people 12, 62 three-fifths bills for tax or debt, etc 14, 63 act of 1854, $2,250,000 loan for enlargement Laws, 77, 91 same amount appropriated for revenues 78, 92 loan for $1,500,000 79, 92 to pay revenue certificates, of act of 1851 80, 93 for interest and sinking fund $268.320 81, 93 premium on loans, how invested 82, 93 banks, bankers, etc., may take loan .... 83, 94 loan of February, 1855, for $2,250,000 for enlargement 84, 94 loan of April, 1855, for $2,250,000 for enlargement 85, 94 loan of 1856, for $2,250,000 for enlargement 86, 95 loan of 1859, for $2,500,000 for floating debt 87, 95 moneys, how applied 88, 95 how paid 89, 96 annual tax to be levied for this loan 90, 96 when to cease 91, 97 436 INDEX. C. LAWS. CANAL FUND: Section. Page. Loans and appropriations Continued. act submitted to vote in 1859 92, 97 majority of votes cast for loan note, 97 act of 1870, majority against note, 98 acts of 1872 held unconstitutional note, 98 appropriation, Champlain enlargement 228, 135 Charges on the canal fund : for work or expenses under existing statutes 105, 101 Erie and Champlain to pay deficiencies on the lateral canals. . 106, 101 compensation and expenses of appraisers 107, 102 for returns by ex-appraisers 108, 102 for expenses canal department 133, 107 for collectors, weighmasters, etc 134, 107 tolls refunded and penalties remitted 135, 107 Of the auditor, his powers and duties 110, 103 Interest on drafts, awards, etc. : when to begin 156, 112 when to cease 157, 113 Fiscal year : from October 1st to September 30th 159, 113 accounts of officers to correspond 161, 113 Reports : of the state of the fund 46, 83 of deposits and interest . . . . 51, 84 of clerks and amount paid 115, 103 of tolls, trade and tonnage 116, 104 of receipts and payments 124, 105 annual statement by auditor 125, 105 financial report of auditor, see section 161 151, 111 annual reports of state officers 162, 113 printing of 163, 114 Tax for deficiencies: acts of 1873 164, 115 CANAL OFFICIALS : [See "Officers."] CANAL REPAIRS : Of ordinary repairs : contract system abolished 170, 118 expenses of. payable from canal fund 105, 101 general care and superintendence in board of canal commis- sioners 251, 144 injuries to be repaired, etc 268, 149 offices, scales, etc 271, 150 duty of canal commissioner 277, 152 proposals for materials, tools, etc 328, 169 purchases of materials, tools, etc 336, 173 contracts for 337, 173 purchases under detailed estimates 338, 173 price of labor 339, 174 hours of labor 340, 174 canal board to determine method of 533, 232 duty of superintendents 621, 254 resident engineer may estimate for 327, 168 INDEX. C. LAWa 437 CANAL REPAIRS Continued. . Section. Page. Extraordinary repairs, new work, etc. : contracts and contractors 291 156 powers and duties of commissioners 299* 158 powers and duties of canal board '.'.'.'.'. 535' 233 CANAL REVENUES : [See " Canal Fund " and " Tolls."] CANAL TOLLS: [See "Canal Fund" and "Tolls."] CAYDGA AND SENECA CANAL: designation and description 210 128 improvement of lake level 359' 184 excavation from Waterloo to lake 370' 184 dam at Waterloo, height of 371' 135 height to be maintained 372 185 claims not to be made for 373' \QQ construction of new dam CAYUGA INLET : commissioners to take charge of 367, 183 money expended not to exceed tolls 368,' 184 tolls on 501, 225 CAYUGA MARSHES: statutes relating to note, 183 CAZENOVIA LAKE : proceedings and reports on note, 183 CHAMPLAIN CANAL : designation and description 210, 128 declared completed in 1828 211, 130 improvement of 226, 134 enlargement of 227, 135 dimensions of 228, 135 enlargement of, by United States 232, 137 CHATTEL MORTGAGES, on canal boats : [dee " Registry of Liens."] CHEMUNG CANAL : designation and description of 210, 128 rebuilding locks 383, 189 expense of, how paid 384, 190 connection with junction canal 385, 190 damages 386, 190 powers and privileges 387, 190 rights reserved 388, 191 Elmira may use portion for street 389, 191 structures removed 390, 191 declared a public highway 391, 191 railroad drawbridge over canal 392, 192 railroad may use portion of at Elmira 393, 192 438 INDEX. C. LAWS. CHENANGO CANAL : Section. Page. designation and description of. 210, 1'28 Utica Insane Asylum to use waters of 395, 193 control of water for asylum 396, 194 duty of commissioner on, etc 397, 194 Binghamton may use a portion of canal for a street 398, 194 bulkhead and structures 399, 195 may become public highway 400, 195 CHENANGO CANAL EXTENSION : laws authorizing .... note, 128 Binghamton, Dushore and Williamsport E. R. may lay track on tow-path of 401, 195 when rights of railway to cease 402, 196 notice of removal, etc 403, 197 not to prevent sale of canal 404, 197 CHRONOLOGICAL LIST OF STATUTES : relating to canals from 1791 to 1873 13 CLAIMS : [See " Canal Appraisers."] CLARK AND SKINNER CANAL : transfer of, from city of Buffalo 225, 134 CLEARANCES : [See "Tolls."] CLERKS OF COLLECTORS : compensation of 134, 107 powers of 710, 275 when exempt from jury duty 805, 295 [See " Collectors."] COHOES : tow-path bridge over Mohawk river 781, 290 control and repair of bridge 782, 290 laws and proceedings relating to note, 290 COLLECTION OF TOLLS : [See " Tolls."] COLLECTORS OF CANAL TOLLS : oath of office, where filed 22, 73 appointment and removal 487, 221 charges against 488, 221 auditor may remove , 136, 108 bond of 620, 255 who ineligible to office of 802, 294 not to be interested in contracts, line of boats, etc 803, 294 exemptions from military and jury duty 805, 294 Powers and duties of: to collect and account for tolls 650, 261 to transmit abstracts of 651, 261 to deposit tolls as directed 652, 261 duty of banks 653, 262 refunding tolls 654, 262 proceedings against collectors 655, 262 INDEX C. LAWS. 439 COLLECTORS OF CANAL TOLLS : Section. Page. Powers and duties of Continued. duty of sheriff 656, 262 assistant collectors abolished 657, 262 offices, etc., not to select measurers 658, 263 compensation and clerks 659, 263 ten inspectors to be appointed 660, 263 who may administer oaths 661, 263 not to give credit 662, 263 residence of: personal attention 663, 264 harbor master's fees in New York 664, 264 when responsible for acts of clerks 710, 275 to assign berths for boats 711, 275 to seize and sell abandoned property 727, 277 proceedings thereon 728, 277 boats liable for penalities 733, 278 boats forfeited for fraud on revenues 737, 279 goods forfeited for false marks 738, 279 proceedings thereon 739, 280 duty of, to report and prosecute for frauds 740, 280 penalties, when remitted by board 741, 280 injuries to structures, how punished .... 786, 291 COMMISSION : to test new methods of propulsion of boats 837, 302 [See " Steam Towage."] COMMISSIONERS OF THE CANAL FUND : [See " Canal Fund."] COMMISSIONERS OF PUBLIC ACCOUNTS : office abolished in 1872 30, 74 COMMISSIONERS OF THE LAND OFFICE: Powers and duties : of whom to consist (ch. 9, title 5) 184, 120 superintendence and grants of land 185, 120 powers, how executed 186, 120 meetings, presiding officer 187, 120 clerk and records 188, 120 letters patent, exception 189, 120 failure of title 190, 120 attendance of witnesses 191, 121 Lands of the canal fund: how surveyed and sold 192, 122 expenses of survey 193, 122 purchase-money, how paid 194, 122 agents to prosecute trespassers 195, 122 and give security 196, 122 agents' powers and duties 197, 122 costs and expenses of 198, 123 Sale of canal lands : lands taken for canals may be sold 199, 123 440 INDEX. C. REGULATIONS, ETC. COMMISSIONERS OF THE LAND OFFICE : Section. Page. Abandoned canal lands : when and how sold 200, 123 to whom granted 201, 123 inquiry as to rights of parties 202, 124 privileges of purchase extended 203, 124 reservations 204, 124 Directions to applicants for grants : proceedings before canal 'board note, 124 proceedings before commissioners of land office note, 125 CONSTITUTION : Extracts from, relating to the canals and to canal officers: analysis of 7 art. 5, officers and boards, powers and duties 55 art. 7, canal debt, sinking fund, tolls, provisions relating to appropriations, state debts, sale of canals, enlargement, etc. . 75 article 10, appointments, removals, vacancies, etc 63 article 9, oath of office 64 CONTRACTING BOARD : of whom composed note, 117 board abolished in 1870 170, 117 CONTRACTS AND CONTRACTORS : See " Canal Commissioners " 291, 156 See "Canal Board" 535, 233 CROOKED LAKE CANAL : designation and description of 210, 128 rebuilding locks on 382, 189 O. KEGULATIOJSTS, ETC. Canal board : Keg. No. regulations of, for navigable canals 333 weighing and inspecting boats and cargoes 1, 333 tolls on passengers, etc 27, 343 authority of officers to sue for penalties 65, 353 miscellaneous regulations 69, 354 resolutions of, as to powers and duties of certain canal officers, . . . 359 Res. No. as to collectors and inspectors 1, 359 appointments and removals 15, 362 superintendents and employees 17, 362 weighmasters and assistants < 32, 365 rules and orders of rules, 329 Canal commissioners : Reg. No. may prescribe draft of water of loaded boats on certain lands . . 2, 334 may move boats in certain cases 42, 348 of banks of canals, feeders and reservoirs 52, 350 of drawing materials over structures . , 54, 351 to assign beats to patrolmen 78, 356 bridges at Buffalo 82, 358 Res. No. to approve furniture for collector's office. . , 1, to examine superintendent's bank account 20, INDEX. C. REGULATIONS, ETC. 441 REGULATIONS : Reg . No . Paget Canal officers : move boats in case of breaks or obstructions 42, 348 power to sue for penalties 65, 353 Res. No. not to be agents of banks 8, 361 not to procure blanks 5, 360 not to be interested in contracts 22, 363 not to furnish labor or materials 21, 363 Cargo : Reg . No . to be certified on clearance 4/, 337 to be convenient for inspection 6, 337 Cayuga and Seneca canal : distances on , 396 draft of water and height of boats 2, 334 outlet of Seneca lake, at Geneva 3, 336 changes made by canal board in draft of water note, 336 Champlain canal : height of boats and draft of water 2, 334 changes made in draft of water note, 336 weighing boats at Waterford 5, 337 tow-path to be kept clear 84, 358 distances on 396 Chemung canal : distances on 398 draft of water and height of boats 2, 334 changes made in draft of water f . note, 336 tolls on lumber at feeder dam 3, 336 night lockages on 58, 351 clearances to ; copies, etc 60, 352 clearances from, copies, etc 61, 352 tolls at Havana , 62, 352 Chenango canal: distances on 398 draft of water and height of boats , 2, 334 night lockages on 58, 351 duty of collector at Hamilton 75, 355 Clearance : when to be given 1, 333 where to be exhibited ; lost clearances 3, 336 cargo, to be certified on 4, 337 separate, for every tow of timber 9, 338 when boat stops short 11, 339 for salt, in barrels or casks 25, 342 to be shown first lock-tender 45, 349 south of Geneva 60, 352 Clerks of collectors : Res. No. how paid 1, 359 number limited ; salary 3, 360 ' how to sign papers 11, 361 order of action 12. 361 442 INDEX. C. REGULATIONS, ETC. REGULATIONS, ETC : Reg. No. Page. Clerics of superintendents . at Hamilton may enforce penalties 74, 355 Collectors of canal tolls : duty as to clearances 1, 333 as to draft of water of loaded boats 2, 334 to certify weight and quantity of cargo 4, 337 monthly report of suspected frauds 7, 338 treble tolls; how accounted for and divided 8, 338 clearances for timber 9, 338 additional tolls 11, 339 at Schenectady, to examine master of boats from tide-water . . 13, 340 and at other points if necessary 14, 340 refunding tolls 22, 342 may examine forwarder's books, etc 23, 342 duty on their refusal 24, 342 as to passenger tolls 33, 344 not register boats where the bows do not conform to Reg. No. 40, tolls on 40, 347 may move boats near breaches, etc 42, 348 to assign berths to boats 55, 351 to make entry offenses, witnesses, etc 59, 352 duty of, at Geneva 60, 352 authority to sue for penalties 65, 353 tolls at Black Rock, Tonawanda, etc 69, 354 how to enforce section 684, as to false bills of lading 76, 356 clearing boats at Buffalo, draft of water, etc 79, 357 not to act as agent for shippers 81, 358 Kes. No. vouchers for clerk hire, office expenses, furniture, etc., how paid and approved 1, 359 to give constant and personal attention 2, 359 employment of clerks 3, 360 duties as to inspectors 4, 360 to procure blanks at canal department 5, 360 ex-officio inspector of boats and cargo 6, 360 to deposit tolls daily 7, 361 not to be agent for banks 8, 361 office to be in separate room 9, 361 Oswego clearances and canal tolls 13. 362 how appointed and removed 15, 362 auditor may remove and fill vacancy 16, 362 special regulations as to wood and lumber 38, 366 Cord wood : how cleared, affidavits, etc 38, 366 Crooked lake canal: Reg. No. distances on 397 height of boats and draft of water 2, 334 changes made in draft of water note, 336 night lockages on 58, 352 clearances to, copies, etc 60, 352 clearances from, copies, etc 61, 352 INDEX. D. LAWS. 443 D LAWS. DEFICIENCIES : Section. Page. in sinking fund, loans may be made for 52, 84 in stocks or unavailable funds, loans for 53, 84 in any canal fund, loans for 64, 87 on lateral canals, how supplied 196, 101 tax and bonds for, in 1872 and 1873 164, 115 DEFINITION : of terms " float " and '' master " in Revised Statutes 808, 295 DEPOSITS : of canal fund 50, 83 annual report of 51, 84 of tolls, in banks 652, 261 of tolls, in banking associations 511, 227 of salt revenues, in banks 512, 227 DEPUTY AUDITOR : appointment of 127, 106 DEPUTY STATE ENGINEER : appointment of 873, 314 DE RUYTER RESERVOIR : highway in town of Fabius note, 183 DESIGNATIONS AND DESCRIPTIONS : of the canal fund 41, 81 of the canals of this state 210, 127 DRIVING ON TOW-PATH : prohibitions and exceptions ; penalty 788, 291 DRIVING OVER BRIDGES : speed ; number of cattle ; penalty 776, 288 D. KEGULATIONS, ETC. Dansville side cut : distances 400 Deposits of folk: Res. No. to be made daily 7, 361 Distances, table of: on all the canals 392 Draft of water: Beg. No. on all the canals 2, changes made by canal board note, 336 Driving on tow-path : prosecutions for penalties 40, 347 speed on tow-path bridges ; passing over sides of lock ; penalty 48, 34C INDEX. E. LAWS. E. LAWS. ELMIRA: Section. Page. junction canal, connection 385, 190 portion of canal for street 389, 191 transfer of to railroad company 373, 192 ENCROACHMENTS : on canal lands, how removed 281, 153 ENGINEER DEPARTMENT : [See " State Engineer and Surveyor."] ENLARGEMENT AND IMPROVEMENT ACTS: [See " Canals."] ERIE CANAL: Designation and description of 210, Enlargement and improvement of 219, depth and width of 220, height of bridges, levels, etc 221, enlargement declared completed 222, plans not to be changed 223, enlargement of locks 365, same rule to other structures 366, miscellaneous notes and references note, Hamburgh and Main street basin, Buffalo 224, Clark and Skinner canal, Buffalo 225, Strip canal enlargement by United States 231, El. REGULATIONS, ETC. Engineers : Beg. No. may move boats at breaks, etc 42, 348 regulations of engineer department 319 Erie canal: distances on 392 draft of water and height of boats 2, 334 changes in draft of water note, 336 little basin, Albany 56, 351 tolls at Black Rock and Tonawanda 69, 354 Watervliet arsenal 74, 355 tow-path to be kept clear, fourteen feet wide 83, 358 made the duty of superintendents 83, 358 P LAWS. FALSE SWEARING: PERJURY: Section. before canal appraisers 427, 205 before canal board 554, 236 on any oath lawfully required by rules of, etc 550, 237 public officers may require oaths or affidavits 282, 153 FENCES : penalty for taking rails, lumber, firewood, or fencing posts on line of canal . . . . 731, 278 FISH CREEK : statutes relating to water for Rome level note, 183 INDEX. F. REGULATIONS, ETC. 445 FISHWAYS : Section. Page. three to be constructed 364 182 FLOATS : definition of 808, 295 [See " Boats."] FORFEITURES : [See "Penalties."] FORMS AND BLANKS: how furnished 155, 112 of bill of lading 369 of clearance 370 of superintendent's monthly abstract 371 of auditor's warrant 121, 105 of vouchers 150, 111 FRAUDS ox REVENUES: penalty for false bill of lading; treble tolls 684, 270 signing or delivering, a misdemeanor; treble fine 685, 271 oaths may be administered 736, 279 boats to be seized for false clearances 737, 279 goods forfeited for false marks 738, 279 sale of property seized 739, 280 officers to give information of; penalty 740, 280 penalties, when and how remitted 741, 280 actions for penalties and forfeitures 806, 295 executions for penalties 809, 296 [See "Tolls."] FUNDS OF THE STATE: [See "Constitution" and "Canal Fimd."l P. REGULATIONS, ETC. Filth : Beg. No. no dead animal or filth to be thrown in canal 41, 348 Floats : [See " Boats."] Foreman, of superintendent : may move boats at breaks, etc 42, 348 Res. No. not to furnish labor or materials 21, 363 nor be interested in any contracts 22, 363 nor be interested in boarding laborers 23, 363 to assist boats in low water, and unload sunken boats, etc. . . . 26, 363 Forwarders : Reg. No. agents may sign bill of lading 1, 333 their books may be examined 23, 342 refusing examination ; clearances, etc 24, 342 Frauds : in obtaining clearances, penalty 1, collectors, monthly report of 7, in loading boats 12, 339 questions at Schenectady 13, 340 in procuring light weight of boats 19; 341 in bills of lading for salt 26, 343 Furniture : Kes. No. for collector's office, must be first approved by commissioner . . 1, 359 446 INDEX. H. REGULATIONS, ETC. G-. LAWS. Q-ENESEE VALLEY CANAl : Suction. Page. designation and description of 210, 129 Oil creek reservoir and Ischua feeder 414, 200 height, monuments, etc 415, 200 GKNESEE VALLEY EXTENSION: statutes and appropriations for note, 129 GRANTS: of unappropriated lands 185, 120 form of, and exceptions 189, 120 of canal fund lands 194, 122 of land taken for canals 199, 123 of abandoned canal lands 200, 123 to whom made 201, 123 privileges extended 203, 124 directions to applicants for note, 124 G-. REGULATIONS, ETC. Genesee Valley canal : R eg . jj o. distances on 400 draft of water and height of boats 2, 334 Geneva : outlet of lake at 1, 334 clearances on boats going south 60, 352 clearances on boats from the south 61. 352 Glens Falls feeder : distances on . . 396 H. LAWS. HARBOR MASTERS AT NEW YORK : Section. fees to be collected on boats 664, 264 HIGH FALLS TO CARTHAGE : four feet depth of water in Black river note, 198 HIGHWAYS : when commissioner may alter 262, 147 proceedings, etc 263, 147 town bridges over canals 760, 285 private roads laid out to bridges 770, 287 bridges for new streets or roads 774, 288 street on portion of canal in Elmira 389, 191 street on portion of canal in Binghamton 398, 194 H. REGULATIONS, ETC. Hamilton, Chenango canal : Res. No. powers of collector at 75. 355 INDEX. H. REGULATIONS, ETC. 44.7 REGULATIONS, ETC. : Keg. No. Page. Height of boats: on the enlarged Erie, Oswego and the Cayuga and Seneca canals, and Cayuga inlet, and on the other canals of this state 2, 335 Higginsville : Hes. No. collector at, to collect tolls on Oneida lake, canal and river, and Oswego canal 14, 362 I. LAWS. INJUNCTIOXS : Section. against officers, where to issue 102, 100 INJURIES TO STRUCTURES : speed across bridges 776, 288 number of cattle 777, 289 penalty 778, 289 injuries to gates, bridges or structures 786, 291 to locks, acqueducts, banks, etc 787, 291 driving on tow-path, except, etc 788, 291 drawing water at Lockport 789, 292 INSPECTORS AND MEASURERS : Of lumber and timber, and of boats and their cargo : ten appointed by canal board 492, 222 may administer oaths 493, 222 two additional for New York 494, 222 one at Whitehall 495, 223 his powers and duties 496, 223 one at Oswego 497, 236 INTEREST : On drafts and certificates, and awards : when to bear interest 156, 113 when to cease 157, 114 how paid 158, 114 I. REGULATIONS, ETC. INJURIES TO STRUCTURES : Reg. No. as to lock gates ; penalty 46, 349 speed on tow-path bridges ; passing over locks, etc. ; penalty . . 48, 349 entering locks carefully 51, 350 obstructing banks of canals, feeders and reservoirs; penalty.. 52, 350 no materials on structures 54, 351 INSPECTION : of boats bound to New York 6, 337 boats, how loaded for 12, 339 at Schenectady, of boats from tide-water 13, 340 of cord-wood and sawed lumber 38, 366 INSPECTORS, ETC. : Of lumber and boats, and their cargoes : draft of water of loaded boats . . 2, 335 to ascertain weight and quantity 4, 337 448 INDEX. L. REGULATIONS, ETC. REGULATIONS, ETC. : Reg. NO. Page. Of lumber and boats and their cargoes Continued. mooring of rafts 43, 348 mooring of boats 53, 350 to assign berths to boats 55, 351 to make entry of offenses 59, 352 to measure boats at Buffalo 79, 357 not to act as agent for shippers 81, 358 Res. No. directions from collectors, how paid, etc 4, 3GO not to act as agent for banks 8, 361 inspection of wood and lumber 38, 366 J. LAWS. JUNCTION CANAL: Section. at Elmira, connection with 385, 190 [See " Chemung Canal."] L LAWS. LANDS : [See "Commissioners of the Land Office."! LEGAL PROCEEDINGS : [See "Attorney-General."] LIENS ON CANAL-BOATS: [See " Registry of Liens."] LOANS : [See "Canal Fund."] LOCKPORT : Section. leases at note, 245 exception as to wall 596, 246 water around locks 789, 292 deepening canal to Tonawanda note, 133 LOCKS : [See " Injuries to Structures."] LOCK-TENDERS : appointed by superintendent; how removed 637, 258 to decide preferences at locks 720, 276 L. REGULATIONS, ETC. Light weight of boats : R eg . NO. must be ascertained; water marks, etc 16, 340 how weighed ; no deductions 17, 341 omission ; penalty for 18, 341 fraud in ; penalty for 19, 341 must weigh when ordered 20, 341 refusal ; penalty 21, 342 tolls, when not refunded 22, 342 Little Basin, Albany : margin to be kept clear 56, 351 Lockport : locking timber at 43, 348 INDEX. M. LAWS. 449 REGULATIONS, ETC. : He^. j^o. Page. Locks : boats not to delay in 38, 345 delays in entering 39, 345 opening paddle or lock-gates 46, 349 horses not to pass over walls of 48, 349 use of snubbing posts 47, 349 steamboats at locks ; preferences 49, 349 boats to enter carefully 51, 350 night lockages on certain canals 58, 351 Lock-tenders : bill of lading for departures between offices 10, 339 may move boats obstructing, etc 42, 348 to examine clearances, at first lock from office 45, 349 to control use of gates 46, 349 to keep entry of offenses 59, 352 may sue for certain penalties 68, 353 duty at Black Rock 69, 354 floats, how moored ; penalty 73, 354 not to keep tavern or sell goods at locks 25. 363 Lumber and wood : E es . No. how cleared, affidavits, etc 38, 366 M. LAWS. MAIN AND HAMBURGH STREET BASIN : Buffalo : Section. title and statutes relating to 224, 133 MAPS, PLANS, ETC. : state maps of canals 213, 130 where filed 214, 130 copies sent to counties 215, 131 copies to be evidence 216, 131 maps, evidence of title 217, 131 maps and plans of new work 292, 156 state engineer to prepare maps, etc 851, 307 subject to inspection 852, 307 surveys for construction and improvement 861, 309 duty of division engineer 863, 311 plans, etc., to be exhibited for lettings 864, 311 plan of enlargement not to be changed 875, 314 MASTER : Explanatory remarks on maps 410 definition of 808, 295 MEASURERS : of timber, boats, and their cargoes [See "Inspectors."] MISCELLANEOUS PROVISIONS : Of a general nature (ch. 9. tit. 9. art. 9) : officers to deliver up property, etc 800 293 proceedings to compel delivery 801. 294 who ineligible as canal officers 802, 294 57 450 INDEX. N. LAWS. MISCELLANEOUS PROVISIONS : Bes. No. Page. Of a general nature Continued. officers not to be interested in contracts 803, 294 changes of, how investigated 804, 295 exemptions from military and jury duty 805, 295 penalties, etc., how recovered 806, 295 before whom 807, 295 definition of "float" and "master" 808, 295 executions for penalties , 809, 296 no bar to damages 810, 296 auditor to prepare forms 811, 296 supply of water in levels 812, 296 waste-weirs 813, 296 destruction of boats a felony 814, 296 by owners with intent, etc., a felony 815, 297 attempt to injure or destroy, a felony 816, 297 Steam towage on the canals : by submerged cable, " Farwell " 817, 297 by suspended cable, '' Kingsley " 824, 299 by an improved system, " Richmond " 830, 301 by steam wagon, " Williamson " 836, 302 Commission to test new methods of 837, 302 MISDEMEANORS : [See " Penalties."] MOOSE RIVER : surveys of lakes on 405, 197 dam to be built across 413, 200 tolls on 505, 226 M. KEGULATIONS, ETC. Master of boat : Reg. No. to sign bill of lading 1, to exhibit clearance 3, loading for inspection 12, questioned at Schenectady 13, and by other collectors 14, to get light weight of boat 16, to weigh when ordered 21, [See " Boats " and " Navigation, etc."] Mooring floats: twenty rods from lock 27, 344 how long 53, 350 berths for, how assigned 55, 351 not to fasten to structures 73, 354 not within limits of Watervliet arsenal 74, 355 N. LAWS. NAVIGATION OF THE CANALS: Section. canal board to prescribe regulations 514, 228 Registry of boats 670, 267 Bills of lading, tolls, etc 681, 269 INDEX. N. LAWS. 451 NAVIGATION OF THE CANALS Continued. Section. Page. Boats: to be assigned berths 711, 275 speed of, regulated 712, 275 speed on enlarged canals 713, 275 steamboats to pass on berme side 714, 275 preferences 715, 276 boats to pass to the right 716, 276 preferences, going to tide-water 717, 276 preferences at locks 718, 276 lock-keeper to decide 720, 276 penalties ' 721, 276 poles shod with iron, penalty 722, 276 knife on bow 7'23, 277 penalty 724, 277 obstructing navigation 725, 277 sunken vessels, etc 726, 277 abandoned boats or property to be seized 727, 277 owner's rights 728, 277 proceeds of sale 729, 278 how paid over ... 730, 278 fences, firewood, etc., not to be taken 731, 278 penalty ' 732, 278 boat liable for penalty 733, 278 boat to be detained 734, 278 when released ; when sold 735, 279 United States coasting license note, 269 Fraud on revenues : boat forfeited for false clearances 737, 279 goods forfeited for liaise marks 738, 279 property, how sold ; proceeds, how divided 739, 280 officers to give information of frauds 740, 280 remission of penalties 741, 280 Registry of liens 747, 281 Speed over bridges : for horses, mules, etc 776, 288 number of cattle on 777, 289 penalty 778, 289 Driving on tow-path : permitted for navigation, loading, etc 788, 291 Cable towage 817, 297 Commission on new methods 837, 302 NEW YORK CITY: two inspectors at 494, 222 harbor master's fees 664, 264 NOTICES OF APPEALS: by commissioner or claimant 462, 214 NOTICES or HEARING : to commissioner and claimant 435, 207 NOTICE OF PAYMENTS : by auditor, when to stop interest 157, 113 452 INDEX. 0. LAWS. N. REGULATIONS, ETC. Navigation of the canals : H eg> jjo. Page. floats to carry lights at night 36, 344 where not to stop 37, 344 delays at lock 38, 345 form of boats ; tolls on ; registry, etc 40, 345 filth not to be thrown in canal 41. 348 boats Avhen to be moved 42, 348 rafts, how made up andlnoored 43, 348 constructing of rudders 44, 349 clearances to be exhibited 45, 349 not to open paddle or lock-gates 46, 349 to use snub-posts 47, 349 passing horses over lock-walls 48, 349 passing floats ; steamboats exemptions and preferences 49, 349 meeting near rafts 50, 350 injuries to locks 51 , 350 mooring, time for loading, etc 53, 350 berths, how assigned to boats 55, 351 night lockages on Chemung, Crooked Lake and Chenango canals 58, 351 changing name of boat 63, 352 New York boats : clearances and cargoes to and from 6, 337 Oswego canal: Res. No. account of, tolls on 13, 362 OAK ORCHARD BRIDGE : Section. keeper at 417, 201 OATHS OF OFFICE : civil officers to take oath 19, 72 when 20, 72 before whom 21, 72 where deposited 22. 72 deputies to take oath 23, 73 OFFICIAL BONDS: [ See "Bonds."] OFFICERS : Classification of 1, 67 executive 2, 68 administrative '' 4, 68 General provisions : qualification, duration, etc 12, 70 oath and bond 19, 72 vacancies and removals, etc 31, 75 [See "Bonds," "Removals" and "Vacancies."] ONEIDA LAKE, CANAL AND FEEDER : designation and description of '. 210, 129 laws relating to note, 129 lock on, how enlarged 416, 201 Oak Orchard bridge keeper 418, 201 tolls on river 508, 226 tolls on canal feeder, Seneca river, etc 509, 226 tolls on Oneida lake 510, 227 INDEX. 0. L A.WS. 453 ONONDAGA SALT SPRINGS: Section. Page. See " Superintendent of " 361, 180 ORISKANT FKEDER : proceedings and reports on note, 183 OSWEGO : inspector at 497, 236 dry docks at 562, 240 602, 248 OSWEGO CANAL : designation and description of 210, 128 enlargement of 219, 131 dimensions of 220, 132 enlargement declared completed 222, 133 enlargement to ship canal by United States 231, 137 dams on river to be built of stone 381, 189 P. REGULATIONS, ETC. . Oaths of office : Res. NO. of clerks of collectors 10, 361 of assistant weighmasters 33, 365 Reg. No. Omission to get light weight 18, 341 Oneida lake, canal improvement, etc. : distances on 400 draft, of water and weight of boats 2, 334 Res. No. tolls collected at Higginsville 14, 362 Oswego canal : Beg. No. distances on . . 397 draft of water and weight of boats 2, 334 changes made in draft of water note, 336 collector's office hours at 72, 354 Res. No. account of tolls at other offices 13, 362 Higginsville collector 14, 362 P. LAWS. PATROLMEN : appointment of, by canal board PENALTIES AND FORFEITURES : Section. for officer acting without oath or bond 29, 74 penalties remitted and tolls refunded 135, 107 penalty for violation of eight-hour law ; officers 342, 174 for violation by contractors 343, 174 for raising Baldwinsville dam 376, 187 for obstructing water for IJtica asylum 396, 194 to railroad company on Chenango extension 403, 197 for injuries to Black river reservoirs 409, 199 for non-attendance on appraisers 434, 207 for disobedience of inspector at Whitehall 406, 223 forfeitures on toll regulations ; limit of. 498, 224 canal board to prescribe 499, 224 canal board to prescribe other rules 513, 227 454 INDEX. P. LAWS. PENALTIES AND FORFEITURES Continued. Section. Page limit of forfeitures to $25 514, 227 suits for penalties and forfeitures 517, 228 before any justice of the peace 518, 228 power of remission by board 524, 229 proof required 525, 230 may remit penalties, under chapter 9, article 7 526, 230 limitation on power of remission 527, 230 penalty for making gate's in walls 598, 240 for wasting or selling water 600, 247 for wasting water on Syracuse level 603, 247 for misapplication of estimate by superintendent 629, 259 removals for giving credit for tolls 662, 267 penalty for false entry of weights 663, 263 for reporting false name of boat 678, 264 for changing name of boat 679, 268 for withholding bill of lading over ten days 683, 279 for omitting bill of lading, etc. ; for false bill of lading, etc. ; penalties and treble tolls 684, 270 for false bill of lading, treble fine and imprisonment 685, 271 for omission to deliver clearance 690, 271 for neglect of passenger statements 703, 273 for refusal of 708, 274 for unlawful speed of boats 712, 275 for not allowing steamboat to take berme side 714, 275 for improperly passing floats 718, 276 for misconduct at locks 721, 276 for using poles shod with iron 722, 277 for not affixing knife on bow 724, 277 for mismanagement of boats in canal 725, 277 for obstructing, by sunken boats, etc 726, 277 abandoned boats, etc., seized and sold 727, 277 for taking rails, fences or firewood 732, 278 boat liable for this penalty 733, 278 when sold ; when released 735, 279 forfeiture of boats for false clearance 737, 279 forfeiture of goods for false clearance 738, 279 proceeds, how divided ; thirds 739, 280 penalty against officers neglecting to give information, or pros- ecute 740, 280 when canal board cannot remit penalties 741, 280 for building bridge without consent 762, 285 for fast driving or unloading on bridges 778, 289 for wharves, watering-places, etc., without permission 784, 291 for injuries to gates, bridges, etc 786, 291 for injuries to locks or structures 787, 291 driving or riding horses or cattle on tow-path, except, etc. . . . 788, 291 for opening gates at Lockport 789, 292 penalties, how recovered 806, 295 not over $50 before justice of the peace 807, 295 executions for penalties 809, 296 penalty, no bar to damages 810, 296 corruptly destroying boats, a felony. .^ 814, by owners, with intent, etc 815, attempt to injure or destroy 816, 297 for interfering with cable towage , 819, 298 for false estimates of quantity or cost of work 872, 313 IXDEX. P. REGULATIONS, ETC. 455 PERJURY : Section. Page. when oaths may be required 282, 153 perjury before appraisers 427* 205 before canal board 544' 236 under regulations of commissioners, canal board or auditors. . . 550, 237 PIERS AND WAREHOUSES : at Black Rock 606, 250 on any canal with use of water 608, 250 PLANS OF CANALS, NEW WORK, ETC. : [See "Canal Board" and "Maps."] PRINTING : for canal department and officers 163, 114 proceedings of canal board 549, 236 PROCEEDINGS : to compel delivery of books and papers by public officers .... note, 78 certiorari from decision of appraisers 97, 99 in any action where the people are a party 99, 100 for grants for abandoned lands note, 124 to alter roads, by commissioner 262, 147 to remove encroachments 281, 153 on laborer's bond 303, 163 on claims before appraisers 429, 206 under general act before appraisers 459, 212 rules for preparing claims note, 213 of canal board 544, 255 on appeals to canal board 552, 237 on sale of surplus waters 593, 244 for permission for mills and use of water 609, 251 on non-payment of rent of Black Rock leases 612, 252 against collectors of tolls '. . 655, 262 for register of boats 670, 267 for obtaining clearance 681, 269 for seizures for frauds on revenues 737, 279 for registry' of liens 747, 281 to compel delivery of property from superintendent, collector, lock-tender or agent 800, 293 PUBLIC OFFICERS : See"0fficers" 1, 67 PURCHASES : for state, to be made for cash A 656, 258 P. ^REGULATIONS, ETC. Passf-nger tolls : Reg. No. commutation for 27, 343 statement for 31, 343 Patrolmen : powers and duties 78. 356 Payment : of collector's clerks and inspectors: 1, 359 456 INDEX. P. REGULATIONS, ETC. Penalties and forfeitures : Keg. Nc. Page, for the neglect or violation of the regulations and resolutions of the canal board relating to boats, navigation, tolls, etc 1st. By regulations concerning : false statement to procure clearance 1, 333 over-draft of water of boats 2, 335 refusal to exhibit clearance 3, 33 (i not weighing as required . 5, 337 clearances of New York "boats 6, 337 bills of lading between offices 10, 339 loading for inspection 12, 340 refusal to take oath 15, 340 to get light weight of new boat 16, 341 omission to get light weight ; 18, 341 fraud iu light weight 19, 341 refusal to weigh or unload 20, 341 refusal of any boat 21, 342 bills of lading for salt 26, 343 to carry lights at night 36, 344 mooring near lock 37, 344 delay in lock 38, 345 form of bow of boat, drawing on tow-path 40, 345 throwing filth in canal 41, 348 not moving boats as directed 42, 348 making up, towing and locking rafts 43, 348 for improper construction of rudder 44, 349 for opening paddle or lock-gate '. . . . 46, 349 not using snub-posts at locks 47, 349 speed over bridges ; changing horses at locks 48, 349 steamboats; and meeting and passing boats 49, 349 boats meeting, new raft duty 50, 350 injuries to locks 51, 350 , injuries to bank structures or reservoirs 52, 350 mooring, loading and unloading boats 53, 351 moving materials over structures 54, 351 moving boat from berth assigned 55, 351 not weighing staves at Rochester 57, 351 night lockages on certain lateral canals 58, 351 mooring boats to structures 73, 355 or within limits of Watervliet arsenal 74, 355 disobedience of patrolmen 78, 357 '2d. By resolutions concerning : Res. No. reduction of penalties under section 526 ^ 36, 366 statement of wood and lumber 43, 369 statements of, where there is no collector 44, 369 Perjury : Reg. No. auditor to prosecute for 7,_ 338 R. LAWS. RAILROADS : Section. crossing canal 266, 148 grades and damages 267, 149 swing-bridges authorized note, 148 swing-bridges over Chemung canal 392, 192 / may use street in Elmira 393, 192 and require certain right to portion of canal 394, 193 use of tow-path of Chemung extension 401, 195 INDEX. R. LAWS. 457 BATHS OF TOLL: Sectlon page for 1852 373 comparative table for 1852, 1859. 1868, 1869 and 1870 . . 377 for 1871 and 1872 .' ' ' 333 for 1873 \[ 383 REGISTRY OF BOATS: (Chapter 9, Title 9, Article 7.) owners to give "certificate of registry " 670, 267 new certificate, when necessary 671, 267 certificate receipted for and sent to auditor 672, 268 auditor to keep a " register of boats" 673, 268 register, how changed 674, 268 collectors to have copy of register 675, 268 no clearance without registry 676, 268 who deemed true owners 677, 268 penalty for reporting false name 678, 269 not to change name of mortgaged boat 679, 269 REGISTRY OF LIENS : by chattel mortgage on boats, etc mortgages to be filed with auditor 747, 281 void if not filed, as against, etc 748, 282 refiled annually 749, 282 to be numbered and indexed ! 750, 282 priority of liens 751, 282 certified copies used in evidence 752, 283 auditor's fees 753, 283 names of boats mortgaged only changed to conform to custom register 754, 283 of officers for interest in contracts, etc 803, 294 by commissioner, of assistant engineers 863, 312 suspension of division or resident ; by whom ; removal of, by canal board 869, 312 REPAIRS : [See " Canal Repairs."] REPORTS : of the canal fund recommendations and state of the fund 46, 83 of deposits and interest 51, 84 of auditors, clerks, etc 115, 103 of trade and tonnage 116, 104 of receipts and payments 124. 105 annual statement by auditor 1-25, 105 financial report (see section 161) 151,- 111 annual report of state officers 162, 113 where printed 163, 114 of the canal commissioners " 323, 167 of the canal appraisers 476, 217 of the state engineer and surveyor 870, 313 RESIGNATION OF OFFICERS : to whom made 31, 75 where filed, in cases unprovided for 32, 75 REHEARING OF CLAIMS : by appraisers, in cases of surprise, etc 437, 208 by appraisers, on order of canal board 471, 216 by canal board 472, 216 58 458 INDEX. R. LAWS. REGULATIONS, AUTHORITY FOR : Section. Page, may be made by commissioners of canal fund as to transfer of stocks, etc 54, 85 office for, to be established in New York, etc 66, 88 by auditor, as to vouchers, proof of payment, etc 150, 111 by auditor, as to forms used 155, 1 12 by commissioners of land office, as to letters patent for aban- doned lands 202, 124 by canal commissioners,, as to letting of new work 299, 158 by canal commissioners, as to Black river reservoirs 408, 198 by appraisers, as to form and manner of presenting claims. . . . 461, 213 by canal board, for collection of tolls 498, 224 by canal board, as to boats, navigation, etc 513, 227 by canal board, for prosecution of penalties 517, 228 by canal board, to determine system of repairs and manage- ment 533, 232 by canal board, as to abandoned lands 559, 239 by auditor, as to refunding tolls 654, 262 by state engineer, as to duties of engineers 876, 314 REMOVALS FROM OFFICE : by governor, of his own appointees 34, 75 by legislature, in certain cases 40, 77 governor may suspend auditor 230, 106 governor may suspend treasurer Const., 7, 56 by auditor, of collectors Laws, 136, 108 by canal board, of superintendents, for cause 338, 173 by canal board, of superintendents and collectors 487, 221 by commissioner, of superintendents 489, 221 by commissioner, of patrolmen 553, 232 by commissioner, of lock-tenders, foremen, etc 637, 259 of officers violating eight-hour law 645, 260 of officers, for interest in surplus waters, line of boats, con- tracts or expenditures 803, 294 REVENUES : [See "Canal Fund" and "Tolls."] REVISED STATUTES, PART I : Chap. V, of public officers : title 1, classification of, etc 1, 67 title 3, of executive officers 2, 68 title 5, of administrative officers 4, 68 title 6, general provisions 12, 70 Chap. IX, of the funds, revenues, expenditures and property of the State 78 title 2, of the canal fund 41, 81 title 5, of the public lands 119 of commissioners of land office 184, 120 of canal lands 199, 122 title 9, of the canals 126 art. 9, designation and description 210, 128 art. 2, of the canal commissioners 250, 144 art. 3, of appraisement of damages 420, 204 art. 4, of the canal board '. 485, 220 art. 5, of water-privileges, etc 580, 241 art. 6, of superintendents and collectors 620, 254 art. 7, of navigation and collection of tolls 670, 267 art. 8, of protection and maintenance 760, 285 art. 9, of miscellaneous provisions 800, 293 art. 10, of the state engineer and surveyor 850, 307 INDEX. R. REGULATIONS, ETC, 459 """' CSe, -B*^, *.*. BULKS AND ORDERS: Of the canal board, proceedings, etc 544, 236 rules established by board 329 R REGULATIONS, ETC. Reg. No. Haft or tow of timber : to stop and exhibit clearance 3, 336 to have separate clearances 9, 338 between offices 10, 339 lights at night 36J 344 lockages of, at Lockport, moving near locks or other timber, rafts, how made up, etc., penalty 43, 348 two boats meeting near 50, 350 Refusal : of master to weigh boat 5, 337 relative to New York boats 6, 337 to provide for inspection 12, 339 to get light weight of boat 18, 341 to weigh at any time 21, 342 to accept weight as assigned 55, 351 of forwarder, to exhibit books or be examined 24, 342 Register of light weights: how kept, reported and recorded 35, 365 of boats not conforming to Regulation No. 40 40, 347 REGULATIONS OF CANAL BOARD: Relative to the iveighing and inspecting of boats and their cargoes : boats, how cleared, bills of lading, how made, signed and verified, penalties, etc 1, 333 draft of water and height of boats on the several canals, pen- alties, etc 2, 334 clearances to be exhibited 3, 336 cargo to be certified 4, 337 boats to be weighed twice, Utica weigh-lock, penalties, etc. . . 5, 337 New York boats, how examined, duty of collector and inspect- ors 6, 337 monthly report of frauds in clearances, duty of auditor 7, 338 treble tolls, how accounted for and divided 8, 338 rafts and tows to have clearances 9, 338 floats passing between offices, bill of lading to lock-tender, etc., 10, 339 clearances when boats stop short, additional toll, how entered, 11, 339 boats to be loaded conveniently for inspection, penalty by rate of tolls 12, 339 master of boat from Albany or West Troy to be sworn and questioned at Schenectady ; questions 13, 340 may be sworn by other collectors 14, 340 master refusing to take oath, penalty 15, 340 light weight of boats, water mark and penalty 16, 340 light weight, how obtained 17, 341 omission to get light weight, penalty 18, 341 fraud in light weight, penalty 19, 341 weighmaster may require re-weighing of boats, penalty 20, 341 refusal to enter weigh-lock, penalty 21, 342 refunding of tolls 22, 342 460 INDEX. R. REGULATIONS, ETC. REGULATIONS OF CANAL BOARD : Keg. No. Page. Relative to the weighing and inspection of boats, etc. Continued, collector may examine books, papers, checks, etc., as to prop- erty shipped by canal 23, 342 refusal of forwarders, to be reported; collectors may refuse clearaifces, etc 24, 342 bills of lading for salt 25, 342 penalty for false bills . . . ., 26, 343 Relative to tolls upon passengers, and commutation therefor : auditor may permit boats to commute 27, 343 form of agreement 28, 343 when to be made 29, 343 duty of collector therein 30, 343 statements 31, 343 where filed 32, 344 receipts for 33, 344 tolls on passenger 34, 344 directions 35, 344 Relative to the navigation of the canals : floats to carry lights at night 36, 344 where not to be moored, twenty rods of lock, etc 37, 344 delays in lock 38, 345 delay in passing into lock 39, 345 boats to have semi-circular bows ; forms prescribed ; penalties ; refusal of registry ; tolls two cents per mile ; prosecutions for riding on tow-path, etc 40, 345 filth not to be thrown in canal 41, 348 duty and power of officers to move boats, new breaches or obstructions 42, 348 rafts or tow, not to contain over six cribs ; how moored ; pass- ing Lockport locks ; how made up and towed 43, 348 rudder of boat, how constructed 44, 349 clearances to be shown first lock-tender 45, 349 opening lock or paddle-gates, penalty 46, 349 to use sruibbing-post at lock, penalty 47, 349 speed on bridges ; horses not to be passed in or out boats at locks 48, 349 float overtaken to turn out ; floats propelled by steam to take berme bank ; how to pass boats, penalty ; steamboats, etc. ; exemptions as to tolls; to carry red light; preferences at locks, etc 49, 349 floats meeting near rafts 50, 350 injuries to locks, penalty 51, 350 logs and timber on banks or in canal without permission, penalty 52. 350 mooring boats, regulation and penalty 53, 350 drawing materials over structures 54, 351 berths, how assigned, penalty 55, 351 margin of Little Basin, Albany, to be kept clear 56, 351 boats laden with stones, at Rochester, penalty 57, 351 no lockage at night on the Chemung, Crooked Lake and Chenango canals without permission, penalty 58, 351 canal officers to make entry of offenses 59, 352 clearances to Chenango, Crooked Lake canals, copy left at Geneva 60, 352 clearances from these canals 61, 352 tolls on Chemung canal 62, 352 INDEX R. RESOLUTIONS, ETC. 461 REGULATIONS OF CANAL BOARD : Reg No> p,^ Relative to the navigation of the canals Continued. changing name of boats prohibited unless necessary for custom- house register, when auditor may 63, 352 stock, agricultural productions, etc., free of tolls to or from state fair 64, 352 Authority of canal officers to sue for penalties : collectors to prosecute for penalties, and canal board regu- lations under certain sections of the Revised Statutes 65, 353 superintendents to prosecute, etc 66, 353 weighmasters to prosecute, etc 67, 353 lock-tenders to prosecute, etc 68, 353 Miscellaneous regulations : boats entering or leaving canal at Tonawanda to pay tolls from or to Buffalo 69, 354 not to pass grand lock at Black Rock without permit ; penalty, 70, 354 tolls for lockage, lower end of Black Rock harbor 71, 354 collector's office, Oswego, to be kept open from 7 A. M. to 10 p. M. 72, 354 boats not to be moored to structures ; penalty, etc 73, 354 boats not to be moored within ten rods of limits of Watervliet arsenal ; use of fire arms, etc 74, 355 collector's clerk at Hamilton, powers of 75, 354 section 684, relating to false bills of lading, not to be oppres- sively enforced 76, 356 collector at Syracuse may waive weighing coal for use of Salt Co 77, 356 patrolmen appointed under act of 1870; their powers and duties, 78, 356 draft of boats at Buffalo ; boats drawing over six feet not to be cleared 79, 357 Reims' champion scale may be used instead of weigh-loek, etc., 80, 357 canal officers not to act as agents for shippers or procure freights, 81, 358 openings on bridges at Buffalo for loading boats to be closed up, 82, 358 tow-path Erie canal to be kept clear to full width of fourteen feet 83, 358 tow-path, Erie and Champlain canals, to be kept clear to full width of fourteen feet; superintendent may be removed for neglect 84, 358 notice of break to be sent to collector's office 85, 359 not more than two boats to lie abreast in West Troy 86, 359 Reims' champion boat scale 80, 357 report of frauds monthly by collector 7, 338 RESOLUTIONS IN RELATION TO THE POWERS AND DUTIES OF CERTAIN CANAL OFFICERS : 1. In relation to collectors and weighmasters : Res. No. collector's vouchers for clerk hire, office expenses, furniture, etc., how made and approved 1, 359 collectors to give their personal attention 2, 359 to employ competent persons 'as clerks; their compensation and number 3, 360 duties of collectors as to inspectors 4, 360 all blanks to be furnished by the auditor 5, 300 collector's are ex officio inspectors of canal boats and their car- goes 6, 360 collectors to deposit tolls daily 7, 361 canal officers not to act as agents for banks or shippers 8, 361 collector's office to be in separate room 9, 361 oath of deputy collector, how made, indorsed and filed 10, 361 462 INDEX. R. RESOLUTIONS, ETC. RESOLUTIONS, ETC. : ROB. No. Page In relation to collectors and weighmasters Continued. deputy to sign, " clerk, collector absent " 11, 361 first, second and third clerks, to act and sign papers in the order of their designation 12, 361 Oswego canal tolls and clearances 13, 362 2. Appointment and removal of collectors and weighmasters : term of office one year, bat may be removed at any time .... 15, 362 when canal board is not in session the auditor may remove and fill vacancy 16, 362 3. In relation to superintendents and their employees : to pay money when he takes receipt 17, 362 to give personal and constant attention to their duties 18, 362 to settle accounts every two months, and furnish abstract of unpaid accounts 19, 362 to keep bank account as superintendent, notify auditor and commissioner 20, 363 not to furnish materials or labor, or employ relatives, not use property of state for any private purpose. . . 21, 363 no officer to be interested in any contract connected with the canals 22, 363 not to be interested in boarding laborers 23, 363 nor sell any articles to lock-tenders or laborers 24, 363 no lock-tender shall be interested in any tavern or grocery, nor sell goods to those navigating the canals 25, 363 superintendent to assist boats, and unload sunken boats ob- structing navigation; expenses, how accounted for. reported and collected 26, 363 bank not to advance on superintendent's account 27, 364 duty as to repair contracts 28, 364 superintendents to ascertain and report depth of water, etc., twice a month 29, 364 superintendent to sue for penalties 30, 364 to enforce section 600, relating to wasting water from canals, and to comply with section 638 relative to publication of monthly abstract of expenditures 31, 364 In relation to weighmasters : weighmaster or assistant to sign papers, etc 32, 365 oath of assistant, how taken, indorsed and filed 33, 365 weighmasters at certain places to act as inspectors 34, 365 to keep register of light weight of boats, and report miscon- duct of assistants to auditor, who may suspend, fill vacancy, etc 35, 365 certain penalties reduced March, 1838 36, 366 special regulations relative to lumber or cordwood, certificate of inspector or measurer, affidavits, etc 38, 366 certificate to be filed in collector's office, etc 39, 367 bill of lading for lumber destined to New York, how verified, forms of affidavits of measurements 40, 367 duplicate bill of lading for collector on entering Hudson river. 41, 368 measurement of timber to include bark and refuse stuff 42, 368 cordwood or lumber delivered to more than one consignee, statement required, penalty, etc 43, 368 delivery at a place where there is no collector, statement, pen- alty, etc 44, 369 form of bill of lading and clearance 369 form of superintendent's monthly abstract of expenditures for publication or filing 371 INDEX. R. RULES AND ORDERS. 463 RESOLUTIONS, ETC. Continued. g ej , y p^gQ Rochester : tolls computed from collector's office 3, 336 weighing boats at 5, 337 weighing staves at 57, 351 Rudder of boats : how constructed 44, 349 RULES AND ORDERS : Of the canal board : Rule No. presiding officer 1, 329 order of business 2, 329 claimants 3, 329 papers to be verified. -. 4, 329 papers presented to be indorsed by member 5, 339 committees 6, 330 calendar of cases 7, 330 question, how taken 8, 330 questions involving expenditures 9, 330 division of question 10, 330 remission of penalties 11, 330 duty of collector, etc 12, 330 duty of petitioner 13, 330 appeal from appraisers' awards 14, 330 how served by state 15, 330 how served by claimant 16, 331 appeal waived by receiving damages 17, 331 rehearing waived by receiving damages 18, 331 perfect title to land or waters, to be shown 19, 331 no assignment of claims recognized 20, 331 claims must cover all damages 21, 331 omissions in returns 22, 331 proceeding after death of claimant 24, 331 claims signed by general guardian 25, 332 calendar, how prepared 26, 332 calendar, when taken up 27, 332 when to be cleared 28, 332 proceedings to be published 29, 332 payment of awards 30, 332 copies of proceedings printed 81, 332 members present but not voting 32, 332 S. LAWS. SALT : Section. Onondaga salt springs 361, 180 deposits regulated by canal board 512, 227 duties, before 1835, part of canal fund note, 82 salt springs not to be sold Const., 7, 61 SCHETECTADY : statute relating to Mill creek note, 183 SPEED OF BOATS: not over four miles an hour. 712, 275 nor over six on enlarged canal 713, 275 steamboats passing, etc 714, 275 464- INDEX. S. LAWS. STATE DEBT: Section Page [See "Canal Fund" and "Laws."] STATE ENGINEER AND SURVEYOR: ( Chapter 9, Title 9, Article 10. ) General provisions : to file oath with secretary of state 22, 73 time for completion of report 162, 1 13 where printed 163, 114 commissioner of land office 184, 120 three may act, if he is one of 186, ] 20 approval of plans and estimates 292, 156 change of plan, how made 293, 156 member of canal board 485, 220 term of office ; qualifications 850, 307 to preserve maps, plans, etc 851, 307 subject to inspection 853, 307 office in state hall 853, 307 Powers and duties : of surveyor-general, except as to canal fund 854, 307 to have supervision of department 855, 308 duties of engineers 856, 308 frauds to be investigated 857, 308 salary and travel fees 858. 308 clerks 859^ 308 to visit canals 860, 309 maps, etc., for enlargement of work 861, 309 duties of division engineer 862, 309 indorsement of state engineer 863, 310 letting and constructing such work 864, 310 duties of resident engineers 865, 311 duties of assistants 866, 312 to assist commissioner, etc 867, 312 removal of engineers 868, 312 suspension of engineers 869, 312 annual report 870, 313 repealing clause as to appointments, etc 871, 313 penalty for false estimates, etc 872, 313 deputy state engineer and surveyor 873, 314 enlargement contracts 874, 314 plan of, not to be changed 875, 314 Engineer department: one division and one resident engineer on each division. ..... 876, 314 temporary assistance, and appointment sheet, how made and filed 877, 315 duties of engineers 878, 315 rank of engineers 879, 316 resident, on Chenango extension 880, 316 certificates of measurements for contractors 309, 161 sworn measurement to accompany receipt 310, 164 affidavits of, to accompany drafts 312, 165 Advances to engineers of: drafts for advances, how made 314, 165 engineer to execute bond 315. 166 to account once in ninety days 316, 166 accounts to be certified by commissioner 317, 166 resident, may estimate for ordinary repairs 327, 1<>9 duty of, at Syracuse, as to salt springs 362, 181 INDEX. S. LAWS". 465 STATE HALL : Section. Page. apartments assigned to members of canal board note, 370 STATE OFFICERS: [See "Officers."] STATE STOCKS: 4*0/1831: for issue of certificates by comptroller, etc 56, 85 Act of 1840, for issue and transfer : office for transfer of, in New York 66, 88 responsibility of bank ... 67, 88 transfers of stock 68, 88 certificates of, how issued 69, 89 regulations for issue and transfer 70, 89 power of attorney for transfers 71, 89 when not to be deemed revoked 72, 90 acknowledgment of, how made 73, 90 removal of lost certificates 74, 90 in case of death of foreign owner 75, 91 when issued to executors 76, 91 banks or bankers may take state stocks 83, 94 [See "Canal Fund" and " Loans."] STJfTE TREASURER. may be supended by governor Const., 7, 56 oath of, where filed Laws, 22, 73 commissioner of the canal fund 44, 83 to transfer canal funds, when directed by commissioners 119, 105 to pay auditor's warrants from canal fund 120, 105 what they must specify 121, 105 checks and receipts to be countersigned 122, 105 when to pay interest on warrants 158, 113 fiscal year defined 159, 113 officers' accounts 'to correspond 161, 113 annual report of 162, 113 accounts, in case of death or resignation note, 113 commissioner of land office 184, 120 member of canal board 485, 220 STATEMENT OF TONNAGE AND TOLLS ... 586 STATISTICS OF THE CANALS 387 STATISTICS, LIST OF. FROM 1791 TO 1873 13 STATUTES, REVISED, AND CANAL LAWS IN FORCE 61 STEAMBOATS: to pass on berme side 714, 275 STEAM TOWAGE : By cables, privileges granted to : the European system, by submerged cables 817, 297 " Kingsley's," by suspended cables or rails. 824, 299 the American system, " Kichmond's" 830, 301 By steam wagon : D. 0. Williamson may make tests 836, 302 Commission to test any motor, other than animal power, and award prizes : conditions and exceptions of tests 837, not to hinder navigation may grant certificates, etc 839, 304 59 466 INDEX. S. LAWS. STEAM TOWAGE : Section. Pa*c. Commission to test any motor, etc. Continued. oaths and vacancies ... 840, 304 expenses 841, 304 payment of certificates 842, 304 payment of further certificates 843, 305 powers extended one year 844, 306 STRUCTURES, INJURIES TO : [See " Injuries to Structures."] SUPERINTENDENTS OF REPAIRS : (Chapter 9, Title 9, Article 6.) number of, determined by canal board 1, 68 how removed by commissioner 8, 69 oath of office, where filed 22, 73 not to arrest in civil cases for official acts 319, 166 purchase of tools and materials on sealed proposals (Act of 1847) 328, 169 may settle temporary damages when authorized 446, 209 appointment of, and compensation 487, 221 charges against, how investigated 488, 221 to give bond (title 9, art. 6) 620, 254 to keep section in repair 621, 254 under directions of commissioner 622, 255 detailed estimate, form of. 623, 255 how certified and filed ; advances 624, 255 materials and tools, how purchased 625, 255 contracts for material and work 626, 255 allowance of items of estimate 627, 256 wages for labor, how regulated 628, 256 removal for misapplication of estimates 629, 256 to account to auditor in sixty days 630, 257 accounts, how certified i 631, 257 when to cut thistles and weeds 632, 257 consequences of neglect 633, 258 to give personal attention to duties 634, 258 receipts taken when money is paid 635, 258 all purchases to be for cash 636, 258 to appoint foremen, lock-tenders, etc 637, 258 publication of expenditures 638, 259 when to file in clerk's office 639, 260 auditor to prescribe form, blanks, etc 640, 260 certificate of publication or filing 641, 260 abstracts subject to inspection 642, 260 form of, prescribed by auditor 371 eight-hour law 643, 2GO to whom it applies 644, 260 penalties to officers 645, 260 penalties to contractors 646, 261 power to take materials or destroy boats, etc 647, 261 to assign berths to boats 711, 275 speed of boats, four miles, etc 712, 275 on enlarged canals, etc 713, 275 steamboats to pass on berme side 714, 275 preferences in passing locks 715, 276 to seize boats, rafts, etc., abandoned 727, 277 owner's rights 728, 277 proceeds of sale, how accounted for. 729, 278 how paid over 730, 278 INDEX. S. REG-ULATIONS, ETC. 467 SUPERINTENDENTS OF REPAIRS Continued. Section. Page. duty as to frauds on revenue 740, 280 speed over bridges 776, 288 number of cattle on 777, 289 state property, books, etc., when to be delivered 800, 293 proceedings to compel delivery 801, 294 when ineligible to office of 802, 294 not to be interested in surplus waters, line of boats, contracts or expenditures 803, 294 investigation of charges of 804, 295 exempt from military and jury duty 805, 295 to prosfecute for penalties as directed 806, 295 supply of water in levels 812, 296 penalty for selling or wasting water 600, 247 assistance of engineers 862, 309 penalty for false estimates 872, 313 SUPERINTENDENT OF ONONDAGA SALT SPRINGS : duty of, as to use of water from canal 361, 180 employment of engineers 362, 181 may take water from canal 363, 181 to deposit revenues, as directed by canal board 512, 227 salt springs of state not to be sold Const., 7, 61 SURPLUS WATERS : [See " Water Privileges and Surplus Waters."] SYRACUSE : auditor may suspend weighing at 153, 112 flowing water on to the Syracuse level 603, 249 surplus waters at note, 245 water for salt springs 361, 180 S. KEGULATIONS, ETC. Salt : Reg. No. bills of lading for 25, 342 penalty for false bills 26, 343 Semi-circular bow : form of prescribed 40, 345 Seneca river tow-path : distances on 397 State fair : stock and productions for free of toll 64, 352 Statement of passengers : how and when to be made 31, 343 Steamboats : to pass floats on berrne bank ; exemption of fuel, machinery, etc. ; preferences at locks ; to carry red light 49, 34S [See "Boats" and " Navigation."] Staves: arriving at Rochester 7 ' Superintendents of- repairs : draft of water and weight of boats 2, 334 to prosecute for riding on tow-path 40. < 468 INDEX. T. LAWS. REGULATIONS, ETC. : Keg. No. Page. Superintendents of repairs Continued. to regulate and move boats at a break or obstruction 42, 348 to regulate mooring boats 53, 350 to prevent injuries to structures 54, 351 to assign berths to boats 55, 351 to keep tow-path clear at little basin 56, 351 night lockages on lateral canals 58, 352 to make entry of offenses 59, 352 to sue for penalties 66, 353 to prosecute for mooring to structures 73, 354 for mooring at Watervliet arsenal 74, 355 not to act as agent for shippers 81, 358 to keep Erie canal tow-path clear for fourteen feet in width, etc 83, 358 to keep Erie and Champlain tow-path clear for fourteen feet, penalty for negligence 84, 358 Res. No. to obtain all blanks from auditor 5, 360 not to act as agent for banks 8, 361 not to take receipt until money is paid 17, 362 to give personal attention to duties 18, 362 to settle every two months 19, 362 to keep bank account as superintendent 20, 363 not to furnish labor or materials 21, 363 not to be interested in contracts 22, 36o nor in boarding laborers .". . . 23, 363 nor sell goods to employees 24, 363 to assist boats in low water, unload sunken boats ; expenses of, how reported and collected 26, 363 not to obtain advances from bank 27, 364 as to repair contracts 28, 364 to ascertain and preserve depth of water 29, 364 to sue for penalties under art. 9, page 292 30, 364 to enforce section 600, as to preserving water, and to comply with section 638 as to publishing or filing accounts 31, 364 form and directions for monthly abstracts of accounts 371 Syracuse : Reg. NO. weighing boats at 5, 337 coal from Watkins for Salt Co 77, 356 T. LAWS. TABLES: of contents 3 of rates of toll, 1852, etc., to 1870 377 of tonnage and receipts, 1852 to 1872 386 of construction, repairs and tolls 390 of names and distances on the canals 392 TAXES : Section. when submitted to people Const., 12, 62 laws for, to state tax and object Const., 13, 63 manner of passing laws imposing. Const., 14, 63 annual tax for canal fund debt Laws, 90, 96 for deficiencies (acts of 1872) 164, 115 for new work, how anticipated note, \Q\ INDEX. T. LAWS. 469 T LLS : Section. Page, General provisions : not reduced below 1852, except by, etc Const., 3, 60 part of the canal fund Laws, 41, 81 canal board to fix rates, etc 498' 224 which shall be uniform on all canals 499*, 224 concurrance of legislature, to reduce 500, 224 on Cayuga inlet ' 501, 225 on Albany basin 5C2, 225 on Seneca river, above dam 503, 225 on river improvement and Baldwinsville canal 504, 226 on Moose river 505, 226 on Beaver river 506, 226 on Mohawk basin, West Troy 507, 256 on Oneida river 508, 226 on Oneida Lake canal, feeder and Seneca river 509, 226 on Oneida lake 510, 227 Deposits of: canal board may designate banks 652, 261 or banking associations 511, 227 Collection of tolls : board may commute for passengers ... 515, 228 how paid 516, 228 penalties, etc., how recovered 517, 228 before whom 518, 228 copies of, rates of toll, how verified 519, 228 by certificate of auditor 521, 229 remission of forfeitures by board 524, 229 how applied for 525, 230 board may modify penalties 526, 230 limitation on power of remission 527, 230 duties of collectors ; to account, etc 650, 261 to transmit abstracts of 651, 261 deposits in banks named by board 652, 261 bank to report monthly, etc 653, 262 refunding tolls as per regulations 654, 262 proceedings against collectors 655, 262 duty of sheriff 656, 262 assistant collectors abolished in 1859 657, 262 rent of offices and measuring timber 658, 263 compensation of officers ; number of clerks 659, 263 clerks to act for collector in his absence 710, 275 ten inspectors to be appointed 660, 263 who may administer oaths 661, 263 no credit to be given for tolls 662, 263 collectors, etc., residence, to give personal attention 663, 26-r harbor-masters, fees in New York 664, 264 Regulations and penalties concerning 670, 267 Registry of boats 670, 267 Bills of lading : contents of bill of lading 681, 269 to whom exhibited 682, 270 penalties 683, 270 false bill of lading; treble tolls 684, 270 issuing of false bill, a misdemeanor 685, 271 bill, how verified 686, 271 cargo not to be cleared beyond boat 687, 27] delivery of clearance 688, 271 \ 470 INDEX. T. REGULATIONS, ETC. TOILS : Section. Page Sills of lading Continued. permit to proceed 689, 271 penalty 690, 271 copies of clearance 691, 27 1 validity of ; fees for 692, 272 tonnage by real weight . . .' 693, 272 weight, count and measure 694, 272 expense of 695, 272 payment, how enforced 696, 272 distrain and sale 697, 272 surplus 698, 273 Passenger tolls : how collected, etc 699, 273 ^Frauds on revenues : boats liable for penalties 733, 278 boats may be detained 734, 278 when sold ; when released 735, 279 boats forfeited for false clearance 737, 279 goods forfeited for false marks 738, 279 proceedings thereon 739, 280 officers' duty to discover frauds and prosecute for penalties ; penalty 740, 280 power to remit penalties limited 741, 280 actions for penalties and forfeitures 806, 295 before whom brought 807, 295 terms " float " and " master " defined 808, 295 executions for penalties 809, 296 penalties no bar to damages 810, 296 auditor to prepare forms, etc 811, 296 Exemptions in favor of cable towing : of tugs, machinery and fuel 820, 299 same - 826, 300 same 832, 301 TOKA WANDA : state dam and canal at note, 133 TREASURER : [See " State Treasurer."] TREBLE TOLL : on property omitted from false bill of lading 684, 270 imprisonment for ; treble fine 685, 271 [See "Tolls."] T. REGULATIONS, ETC. Reg. No. Table of places and distances 392 Timber : rafts or tows of, to have separate clearances 9, 338 lights on at night 36, 344 how made up; moored; locked; do. Lockport; penalty, etc. . 43, 348 meeting boats 50, 350 Tolls: on Chemung river dam 3, 33 treble tolls, \mder section 684, how paid over 8, 338 INDEX. TJ. -LAWS. 471 REGULATIONS, ETC. : Reg. NO. Page. Tolls Continued. additional tolls, how entered 11, 339 tolls, when not to be refunded 22, 342 on passengers ; commutation, etc 27, 343 on boats, two cents per mile 40, 347 at Havana, for Corning and Elmira 61, 352 at lower lock, Black Rock harbor 71, 354 [See "Collectors of Tolls (Rep.)"] Tow or raft : [See " Timber."] Tow-path : riding or driving on 40, 347 to be kept clear of obstructions 52, 358 of Erie, fourteen feet in width 83, 358 of Erie and Champlain, fourteen feet 84, 358 U. LAWS. UNITED STATES SHIP CANALS : Section. when it provides the means may enlarge the Erie and Oswego 231, 137 may also enlarge Champlain 232, 137 dimensions, how determined 233, 137 free tolls for its vessels, supplies, etc 234, 137 appropriations to be applied 235, 138 no state debt to be made 236, 138 UTICA INSANE ASYLUM : may take water from Chenango canal 395, 193 privileges extended to tenth lock 396, 194 duty of commissioner 397, 194 U. ^REGULATIONS, ETC. Utica : Reg. No. boats to be weighed at 5, 357 V. LAWS. VACANCIES IN OFFICE : Section. when offices become vacant ' 33, 75 when governor may remove 34, 75 where declare office vacant 35, 76 temporary appointments by commissioner 36, 76 in case of canal commissioner, by appointment 37, 76 when by election 38, 76 caption by ballot 39, 77 vacancies in state offices, how filled 40, 77 W. LAWS. WATER PRIVILEGES AND SURPLUS WATERS : (Chapter 9, Titte 9, Article 5.) commissioners may agree for water privileges (title 9, article 5) 580, 241 who entitled to surplus waters, conditions 581, 241 duty of canal appraisers 582. 242 4:72 INDEX. W. LAWS. WATER PRIVILEGES AND SURPLUS WATERS Continued. Section. Page. duty of commissioner 583, 242 resumption of privileges 584, 242 construction of this article 585, 242 damages, how settled 586, 242 preferences in use of water 587, 243 lease of surplus waters 588, 244 sale of, to whom ' 589, 243 value, how ascertained 590, 243 rights, how waived or forfeited 591, 244 discretion of commissioner at toll gates 592, 244 proceedings on sale of water 593, 244 leases and grants of water outstanding note, 245 former leases, when revoked 594. 246 rights of purchaser 595, 246 walls, how erected, exceptions 596, 246 no waste-gate or sluices 597, 246 penalties 598. 247 waters, how discharged 599, 247 wasting or selling water from canals ; penalty, etc 600, 247 water around locks 601, 248 surplus waters at Oswego 602, 248 at Baldwinsville dam 378, 188 water on Syracuse level 603, 248 use of by Onondaga salt springs 361, 180 use at Watervliet arsenal . . . . note, 249 appeals in water cases 604, 249 proceedings on 605, 250 piers and warehouses at Black Rock 606, 250 conditions 607, 250 piers and mills on the canals 608, 250 waters for, regulated by canal board 609. 251 buildings, etc., how constructed 610, 251 not to impair resolution on surplus waters 611, 252 leases, Black Rock, when forfeited 612, 252 agreement of 1872 confirmed 613, 252 WATERFORD : leases of surplus waters at note, 245 survey to Fort Edward note, 138 WEIGHMASTERS : to be paid by auditor 134, 107 compensation and appointment 659, 263 penalty for false entries 663, 264 may administer oaths 736, 279 WEST TROY : horse railroad bridge, Port Schuyler note, 149 Mohawk basin, tolls on 507, 226 Watervliet arsenal, use of water note, 245 canal and bridge across Water street 783, 290 WHARVES, WATERING PLACES, ETC. : constructed only by permission 784, 291 removal ; penalty 785, 291 WHITEHALL : inspector at 495, 223 powers and duties of 496, 223 INDEX. W. REGULATIONS, ETC. 473 W. EEGULATIONS, ETC. Waterford: Reg. No. Page. weighing boats at 5, 337 New York boats at 6, 337 Weighing bouts : to weigh twice, except, etc 5, 337 light weight 16, 340 how ascertained : 17, 341 omission, penalty for 18, 341 fraud in, penalty for , 19, 341 to weigh or unload, if directed 20, 341 to weigh when ordered 21, 342 Reim's champion scale 80, 357 Weighmasters and their assistants : duties of, as to draft of loaded boats 2, 335 monthly report of suspected frauds 7, 338 as to weight of boats 20, 341 may direct weighing 21, 342 may assign boats to berths 55, 351 to make entry of offenses 59, 352 may prosecute for certain penalties 67, 353 penalty for mooring to structures 73, 354 Reim's champion scale, when used 80, 357 not to be agent for shippers 81, 358 Res. No. blanks to be furnished by auditor 5, 360 not to be agent of bank 8, 361 appointment and removal 15, 362 when auditor may remove 16, 362 not to furnish labor or materials 21, 363 not to be interested in contracts 22, 363 assistants may act and sign for 32, 365 oath and indorsement of 33, 365 to act as inspectors 34, 365 to report register of light weights, conduct of assistants, etc . . 35, 3"65 West Troy : Reg. No. weighing boats at 5, 337 New York boats 6, 337 boats from, inspected at Schenectady 13, 340 Res. No. Oswego tolls and clearances 13, 362 Wood and lumber : special regulations 38, 366 60 University of California SOUTHERN REGIONAL LIBRARY FACILITY Return this material to the library from which it was borrowed. REC'D LD-HRL JJ\N15199( NOV29 1953 LIBRARY UNIVERSITY OF CALIFORNIA LOS ANGELES UC SOUTHERN REGK3 A" " ' Minimum I I II || | I |, 000 668 400 5