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Crossing signals.

at the time, room inside its passenger cars for the proper accommodation of the passengers.

1 R. S., 1238, § 45.

§ 557. A bell shall be placed on each locomotive engine run on any railway, and rung at the distance of at least eighty rods from the place where the track crosses, on the same level, any traveled public way, and be kept ringing until the engine has crossed the same; or a steam whistle shall be attached, and be sounded, except in cities, at the like distance, and be kept sounding at intervals until it has crossed the same; and every neglect thereof subjects the company to a fine not exceeding twenty dollars, in the discretion of the court; and every engineer having charge of the engine, to a fine not exceeding fifty dollars, or imprisonment in the county jail not exceeding sixty days, in the discretion of the court; and the company shall be liable for all damages sustained by any person by reason of such neglect.

The penalties under this section may be sued for, in the name of the people of the state, by the district attorney of the county in which they accrue, within ten days, and in case he omits to sue therefor within that time, then any person aggrieved may sue therefor in the name of the overseers of the poor of the town wherein the same accrued, which, when recovered, shall be paid to the overseers for the benefit of the poor. If such person

fails in the action the court shall give judgment against him for costs.

Laws of 1854, ch. 282, p. 608, § 7.

tion of company's

§ 558. If any person, while in charge of a loco- Intoxica motive engine or while acting as conductor, is servants. intoxicated, he is guilty of a misdemeanor.

1 R. S., 1237, § 40.



§ 559. The liability of railway companies as way. common carriers is regulated by the CIVIL CODE. carriers.

as common



SECTION 560. Boat owner or master to furnish certificate of registry. 561. Duty of collector.

562. Duty of the comptroller.

563. Penalty for changing name without order.

564. Clearances not granted to unregistered boats.

565. Name to be on each boat.

566. The bill of lading and its requisites.

567. To whom to be exhibited.

568. Provision where there is no collector on the route.

569. Penalties.

570. Making a false bill knowingly is a misdemeanor.

571. Clearances.

572. Delivery of clearance.

573. Provision if there is no collector there.

574. Penalty for omitting to deliver clearance.

575. Certified copies of clearance.

576. Tonnage.

577. Weighing, counting and measuring freight.

578. Fraud in clearance.

579. Fraud in package.

580. Disposition of confiscated property.

581. Statement of passengers.

582. Affidavit that no passengers have been carried.

583. Different masters.

584. Penalty.

SECTION 585. Collector's duty.

586. Evidence of neglect to make statement.

587. Tolls on passengers in other cases.

588. Commutation.

589. Collector's clerks.

590. Collector to assign berths.

591. Speed.

592. Boats overtaking.

593. Boats to turn to the right.

594. Boats meeting in narrow places.

595. Penalty.

596. Passing locks.

597. Lock-keepers to determine disputes.

598. Penalty.

599. Setting poles.

600. Knife on the bow.

601. Obstructions.

602. Articles found to be sold.

603. Application of proceeds.

604. Penalty for taking rails.
605. Boat liable for penalty.

606. Boat may be detained.
607. Releasing or selling same.
608. Reference to fiscal laws.

Boat owner

or master to furnish certificate

of registry.

§ 560. The owners of every boat navigating the canals shall subscribe and deliver to the collector from whom the first clearance for it is demanded a "certificate of registry," containing the owners' names and places of abode, the name of the boat and of some place as that where it is owned. If the owners reside out of the state, the certificate shall be signed and delivered by the master as owner; and whenever such master is changed, the new master shall sign and deliver a new certificate to the collector of whom he first demands a clearance. The persons thus specified as owners shall be deemed the true owners for all purposes of this chapter.

1 R. S, 507, §§ 205, 206, 212.


$561. The collector shall give a receipt for the Duty of certificate to the master, and without delay transmit the certificate to the comptroller.

1 R. S., 507, § 207.


$562. The comptroller shall keep with the Duty of books and papers relating to the canals, and open to inspection during office hours, a register of all such boats. If any persons residing in the state, claiming to own such a boat by transfer from former owners, produce to him due proof of such transfer, and a new certificate of registry signed by themselves, he shall accordingly change the register of such boat. He shall, from time to time, transmit to the several collectors a certified copy of his register and of changes therein.

Ib., §§ 208, 209, 210.

changing name with

§ 563. The name of no registered boat shall be Penalty for changed without the comptroller's order, under a out order. penalty upon the owner who makes such change, and also upon any master who reports or enters a boat by a changed name, of twenty-five dollars

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§ 564. No collector shall grant a clearance for Clearances

any boat unless he has evidence that it is duly
or a proper certificate of registry has
been delivered to him, or the receipt of some
other collector therefor has been exhibited to him.

Ib., § 211.

not granted to unregis tered boats.

Name to be on each


The bill of lading and its

§ 565. No boat shall receive a clearance or be permitted to pass unless it has its name and the place where it is owned, according to the existing certificate of registry, painted in some conspicuous and permanent part of the outside of the boat, in letters at least four inches in height.

1 R. S., 507, § 214.

§ 566. Every master of a boat conveying prorequisites. perty shall exhibit, as hereinafter required, a bill of lading signed by himself and the consignor, and, if so required by the collector receiving it, verified by his oath to be taken before such collector, and containing:

1. The name of every place on the canal where any portion of such property was shipped, and of the place for which it is intended to be cleared;

2. A statement of the names, description and weight of all the articles thereof on which toll is charged by the ton, of the number of those on which toll is charged by 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.

1 R. S., 508, § 215; 509, § 220; amended by Laws of 1859, ch. 16, § 1, subdiv. 1, 2, 3.

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