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Collector's duty.

Evidence of neglect to

make statement.

Tolls on passengers In other cases.

the affidavit or statement, or to pay the tolls, the master and every owner of the boat is liable to a penalty of twenty-five dollars for each offense. The commissioners of the canal fund may, in their discretion, prohibit such boat from receiving a clearance and navigating the canals, until such statement or affidavit be furnished and the tolls paid.

1 R. S., 510, §§ 237, 238.

§ 585. Every collector receiving such statement or affidavit shall give to the person furnishing it a written acknowledgment thereof, and transmit such statement and affidavit to the comptroller. Ib., §§ 237, 239.

§ 586. The comptroller's certificate, under his official seal, made after thirty days from the time when a statement ought to be made, that no statement or affidavit in respect to a boat, for the time specified therein, has been received at his office, is presumptive evidence that none such has been made.

Ib., 511, § 240.

§ 587. Masters of boats, other than boats which usually run night and day, or belong to any regular line of packet or freight boats, shall pay tolls on all passengers conveyed in such boat, in the same manner as tolls on property.

From Ib., § 241.

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§ 588. The commissioners of the canal fund Commutamay, in their discretion, and at such time and manner as they prescribe, receive from the owners of any boat a specified sum, by the year, for a license to carry passengers therein, as a commutation for tolls upon passengers; and no statement or affidavit, relative to conveying passengers, shall be required from the master of any boat so licensed.

* 1 R. S., 511, §§ 242, 243.


§ 589. Any collector may authorize a clerk to Collector's perform all his duties and exercise all his powers in his absence, and he shall be responsible for the acts of his clerk.

Ib., § 244.

to assign berths.

$590. Every collector, or, if no collector is Collector present, every superintendent, shall assign berths to all boats when loading or unloading at any landing-place on a canal, whenever disputes arise concerning the same.

Ib., § 245.

§ 591. No float shall move on any canal faster Speed. than at the rate of four miles an hour, without a written permit signed by a majority of the canal commissioners; under penalty of ten dollars for each offense, to be imposed upon the master.

Ib., § 216.

§ 592. Where a boat used chiefly for the conveyance of persons overtakes any other float, not



Boats to

turn to the right.

Boats meet

ing in narrow



Passing locks.


er to


chiefly so used, the master of the latter shall give the former every practicable facility for passing, and whenever necessary shall stop for that purpose.

1 R. S., 511, § 247.

§ 593. When floats meet, the master of each shall turn to the right of the center of the canal.

Ib., § 248.

§ 594. Where floats approach any place less than thirty feet wide on the surface, or which will not safely permit their passing, the master of the float going from the navigable waters of the Hudson river shall stop at sufficient distance from such narrow place, and there await the passage of the float going towards such navigable waters.

Ib., 512, § 249.

§ 595. Every master or boatman violating any provision of the three preceding sections is liable to a penalty of ten dollars for each offense.

Ib., § 250.

§ 596. 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.

Ib., § 251.

§ 597. If a question arises between the masters of disputes. floats arriving at any lock as to which is entitled to pass first it shall be determined by the lock-keeper.

Ib., § 252.

§ 598. Every master, owner or navigator of any float refusing to conform to such determination, or detaining or unnecessarily hindering the passage of any float through a lock, in violation of any provision of the two preceding sections, is liable to a penalty of twenty-five dollars for each offense. 1 R. S., 512, § 253.



§ 599. No person navigating any of the canals Setting shall use therein any setting pole or shaft, pointed with iron or any other metal, under penalty of twenty-five dollars for each offense.

Ib., § 254.

the bow.

§ 600. No covered or decked boat shall navigate Knife on any canal without a sharp metallic instrument, so affixed upon the bow as to cut apart any tow rope which otherwise might pass over such bow, under penalty of twenty-five dollars for each offense, to be imposed on the owner or master.

Ib., § 255, 256.


§ 601. Every person who obstructs the naviga- Obstruction of any canal by the improper conduct of any boat or floating thing, or by sinking anything to the bottom, or by placing any obstruction on either path, is liable to a penalty of twenty-five dollars for each offense.

Ib., § 257, 258.

found to be sold.

§ 602. It is the duty of every canal officer or Articles agent employed on any of the canals, to seize sunken or floating boats and other things found

Application of proceeds.

Penalty for taking rails,


Boat liable for penal


in a canal, or any article found on the tow-path, not in charge of any person; and, after giving ten days' written notice of sale at two public places nearest the place of finding, unless the owner claims the same and pays the cost of seizure and removal, to sell the same by public auction.

1 R. S., 512, §§ 259, 260.

603. The officer, if not a collector, shall account for the same to the nearest collector. The collector receiving such account or making such sale shall account for the same to the commissioners of the canal fund. The commissioners may, after they have received the same, upon application of the owners and due proof of ownership, pay the same over, deducting the penalty and all costs and reasonable charges.

Ib., 513, §§ 261, 262.

§ 604. If any person on a boat takes, without right, any rails, boards, planks or staves, fire-wood or fencing-posts, from the banks or vicinity of the canal, the master shall forfeit to the owner treble their value; and the possession of such property on board the boat shall be presumptive evidence of such taking. The person taking such property shall forfeit twenty-five dollars to any person who will prosecute therefor.

Ib., § 263, 264.

§ 605. Every penalty and forfeiture which, by this chapter, is recoverable against the owner,

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