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Fraud in clearance.

Fraud in package.

Disposition

of confiscated property.

shall detain the boat and cargo until they are paid. He shall distrain enough of the property to satisfy them; and after eight days, shall sell the same by public auction, at his usual place of receiving tolls. Any surplus, after payment of the charges and costs, shall be paid on demand to the master or to the owner of the property distrained.

1 R. S., 510, §§ 228 to 232.

§ 578. Whenever any property transported is, to the knowledge of the captain or owner of the boat, cleared as articles paying a lower rate of toll than they ought to pay, or wholly or partially omitted from the clearance, the boat shall be confiscated to the state.

Laws of 1855, ch. 534, § 1.

§ 579. Whenever any property transported is, to the knowledge of the owner, contained in packages falsely marked as containing articles of a description chargeable with a lower rate of toll than they ought to pay, and is thus cleared, such property shall be confiscated to the state.

Ib., § 2.

580. Boats and property mentioned in the two preceding sections shall be seized by any collector of tolls, or officer acting under his direction, as the property of the state, and advertised and sold at public auction, and the proceeds paid into the treasury. The auditor shall pay

one-third of the proceeds of such sale to the informant, and one-third to the collector or other officer making the seizure.

Laws of 1855, ch. 534, §§ 1, 2, 3.

Statement

gers.

§ 581. Every master of a boat carrying passen- of passengers shall, at least once in every thirty days of the navigable season, and oftener, if required by the canal board, and under such regulations as that board establishes, deliver to some collector of tolls a statement containing the names of all the passengers, and the distance to which each was carried, since the time embraced in the preceding statement. The statement shall be verified by the master before the collector, and he shall pay to the collector, thereupon, the tolls on such passengers.

From 1 R. S., 510, §§ 233, 234.

§ 582. When no passenger has been carried, Amdavit the master shall make affidavit before a collector

that no passenger has been conveyed in such boat during the time for which a statement is required. 1 R. S., 510, § 235.

that no passengers

have been

carried.

masters.

§ 583. If during the time for which a statement Different is required different persons have been masters or had charge of one boat, each person shall furnish such statement or affidavit for such portion of the time as the boat was under his charge.

Ib., § 236.

§ 584. In case any master neglects to furnish Penalty.

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., § 211.

tion.

§ 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.

clerks.

§ 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.

chiefly for the con- Boat

§ 592. Where a boat used persons overtakes any

veyance of

other float, not

overtaking.

Boats to

turn to the right.

Boats meet

ing in

narrow

places.

Penalty.

Passing

locks.

Lock-keep.

er to

determine disputes.

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 floats arriving at any lock as to which is entitled to

pass first it shall be determined by the lock-keeper. Ib., § 252.

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