9 Sm. 201. passage between such slower boat or thing and the towing-path, and if necessary, 10 April 1826 § 8. to stop until the passage shall be fully effected; and every boatman or other person who shall offend against any part of this section, shall forfeit for every such offence any sum not exceeding twenty dollars. Ibid. § 9. 36. No person shall construct any building, wharf, basin or watering-place, or make and apply any device whatsoever, for the purpose of taking water from any Penalty for taking eanal or feeders, reservoir, dam or pool, belonging to or forming part of any arti- water without perficial navigation constructed as aforesaid, without first obtaining permission there- mission. for from the directors, managers or commissioners of such navigation, in writing; and if any person shall offend against this section by commencing or making any such construction, or apply such device, without such permission, or shall not conform to the direction of such directors, managers or commissioners, in respect to the location and size of such building, wharf, basin, watering-place or device as aforesaid, such person shall, for every such offence, forfeit a sum not exceeding one thousand dollars, and the directors, managers or commissioners aforesaid, their agents or servants, shall be authorized, at the expense of the person thus attempting, to remove and destroy every such building, wharf, basin, watering-place or device as aforesaid. Ibid. § 10. Discharged agents give up papers, of deceased agents to remove, and 37. If any agent, toll-collector, lock-keeper, superintendent or other person employed upon any part of an artificial navigation, constructed as aforesaid, and occupying any house, office, building or land belonging thereto, shall be discharged from his employment by the managers thereof, or any one duly authorized by them, and shall not deliver up the possession of such house, office, building or lands, together with all the books, papers and other matters and things belonging to such artificial navigation, within seven days next after such discharge shall be given to him, or left at such house, office or building; or if the wife or family of Wives and families any such agent, toll-collecter, lock-keeper, superintendent or other person who shall die in either of the said employments, shall refuse to deliver up the posses- give up papers, sion of such house, office, building, lands or appurtenances, together with the &c. books, papers and other matters and things belonging to any navigation aforesaid, in his, her or their custody, possession or power, or within three months after another person shall have been appointed in the place or stead of the person so dying; then and in either of those cases, it shall be lawful for any justice of the Proceedings in peace of the county where such house, office, building or lands are situate, and he case of neglect or hereby is required, on affidavit being made before him, setting forth particularly the grievance complained of, and the property retained, by warrant under his hand and seal, to order any constable or other peace officer, with such assistants as may be necessary, to enter such house, office, building, or upon such land, in the daytime, and remove the persons who shall be found therein, together with the goods and chattels, out of such house, office or building, and from off such land, and take possession of all the books, papers, matters and things enumerated in such warrant belonging to the said navigation, and to deliver possession of the same to the new-appointed agent, toll-collector, lock-keeper, superintendent or other person employed to receive the same. refusal. Ibid. § 11. painted on the 38. No boat or vessel of any description shall be permitted to pass through any lock upon any of the said canals or artificial navigation aforesaid, unless such boat Name of boat and have painted, in letters not less than two inches in length, near the head or stern place where thereof, and above the water, when full laden, the name of such boat or vessel, and owned, to be the place where the same is owned; and every person who shall attempt to pass stern. any boat or vessel through any lock, or shall introduce any boat or vessel not nained as aforesaid into any of the said canals, in violation of this section, after the 1st gleet. day of January 1828, shall forfeit for every such offence any sum not exceeding five dollars. Penalty for ne Ibid. § 12. 39. No person navigating any of the said canals or locks, shall be permitted to use therein any setting-pole or shaft, pointed with iron or other metal; and if any Setting-poles person shall offend against this section, he shall for every such offence forfeit any pointed with iron, sum not exceeding five dollars. (h) not to be used. Ibid. § 13. 40. It shall and may be lawful for the directors, managers or commissioners of any such artificial navigation aforesaid, their engineers, superintendents, officers or Derelict property agents, to seize any property which shall be found upon the banks or in the waters may be seized and of any canal forming part of such navigation, or in the channels of any pool, or sold. on the towing-path thereof, which is apparently abandoned by the owner, and after due and public notice, to sell the same at auction, and pay the money received Proceeds, how therefor, after deducting the expenses of seizure and sale, to the owner of the appropriate. property seized, if the money shall be claimed within one year; but if not, to the supervisors of the highways of the townships where the seizure shall be made. 41. All boats, craft and floating things left at wharves or other places in the line of any of the said canals or artificial navigation, shall be moored at both ends, on the side opposite to the tow-path; and any boatman or other person offending moored. herein, shall forfeit and pay any sum not exceeding twenty dollars; and any officer Penalty for neor agent having charge of any part of such canals of navigation, shall be and hereby glect. (h) See infra 55. Ibid. § 14. How boats to be 10 April 1826 § 14. is authorized to remove any boat, craft or other floating thing otherwise moored than is herein directed, at the expense and risk of the owner thereof. 9 Sm. 201. Ibid. § 15. How penalties to be recovered. And appropriated. 42. All penalties and forfeitures created by this act, the recovery of which is not herein otherwise specially provided for, may be sued for and recovered, with costs, before any justice of the peace in any county where such penalty or forfeiture may accrue, and where the penalty does not exceed one hundred dollars, in the name of the corporation owning the canal, or in the name of any other artificial navigation upon which the offence may be committed; and any engineer, superintendent or collector of tolls, duly appointed by the managers of such corporation, who are hereby authorized to sue for and recover the same; or by summary conviction before such justice of the peace, who shall have power in all cases where by this act the penalties and forfeitures are made discretionary, to fix the amount thereof; and the amount of such penalties and forfeitures, when recovered, shall be paid over to the supervisors of the highways of the townships wherein the same shall be incurred; but nothing herein shall be deemed or taken to render any such supervisor or any inhabitant of the said township incompetent, from interest, to be a witness, without regard to any appropriation of penalties or forfeitures made in any part of this act: Provided, That if any person or persons shall conceive Parties aggrieved himself or themselves aggrieved by the judgment of the justice of the peace, he or they may appeal by petition to the next court of quarter sessions, who shall take such order thereon as to them shall appear just and reasonable, and the same shall be conclusive: And provided further, That in all cases where the corporation owning the canal or other artificial navigation are adjudged to pay costs, the same may be collected by attachment against all or any of the officers of the said company.(i) Who may be wit nesses. may appeal. How costs to be recovered from corporations. Ibid. § 16. Penalty for tresing property. 43. Any master of a boat or any of his crew, any agent of a boat, rider of a horse or other animal connected therewith, any passenger therein or any other passing on adjoin- individual, on foot or otherwise, using said towing-path, who shall purloin, break or injure any fence or wall that shall have been erected along the said towing-path, or if no fence or wall be placed there, shall trespass on the property adjoining said towing-path, or in anywise injure, occupy, walk or ride over the same, he or she so offending shall be liable to the penalties provided in the first section of this act. 44. Each and all the provisions and penalties contained in the act passed the 10th day of April 1826, entitled "An act to protect the public in the full benefit and enjoyment of the works constructed for the purposes of inland navigation," tended to corpora- shall be applicable to, and in full force and effect, so far as respects all works which tions subsequently have been or may hereafter be constructed under the laws of this commonwealth, for the purposes of inland navigation. 12 Feb. 1827 § 1. 9 Sm. 266. Act of 1826 ex erected. 19 March 1830 § 1. P. L. 118. Boats to be weighed. Provision, where additional cargo is subsequently shipped, or part unloaded. Ibid. § 2. 45. For the purpose of ascertaining the weights of boats and their cargoes, navigating any canal or artificial navigation of any company incorporated by the laws of this commonwealth, upon which tolls are by law chargeable, every such boat shall be required to enter a weigh-lock, or such other device as may be convenient for the purpose, to be weighed (if any such weigh-lock or other device shall be constructed at or near the place of her departure), and shall not be entitled to a permit, nor be allowed to depart, until she shall have so been weighed; and if there be no such weigh-lock at the place of her departure, she shall be required to enter the first weigh-lock she may come to in the course of her passage, and in case of refusal or neglect to do so, shall not be allowed to proceed further; and in such weigh-locks they shall be weighed, and the weights of their cargoes ascertained, for the purpose of fixing the tolls to be charged thereon, which shall be specified in their permits or certificates accordingly; and every such boat shall also, upon arriving near to its place of destination, and before passing the last lock, if so required, and there be a weigh-lock or other device as aforesaid, at or near the same, enter such weigh-lock or other device, and be weighed for the purpose of ascertaining whether the cargo has been increased; and if it shall appear to have been increased, toll shall be charged upon the excess for the whole distance (or for the additional number of locks or the amount of lockage said boat shall have passed through or overcome, as tolls are respectively chargeable), the boat shall have been navigated, in like manner as if the whole cargo had been on board from the beginning, and shall not be allowed to pass further until such toll be paid: Provided, That if the master or owner of a boat taking in any additional cargo, or having unloaded any part thereof, shall at the first lock at which he shall arrive after such addition or diminution, give to the lock-keeper an account thereof, the same shall be certified by the lock-keeper, and if upon arriving at a weigh-lock, the same account so certified shall be found to be correct, then the toll charged or deducted upon such addition or diminution shall only be for the number of locks it shall have passed through, or may pass through, to its place of destination. 46. In case of dispute or disagreement between any owner or master of a boat In case of dispute, and the keeper of a weigh-lock, about the accuracy of the adjustment of a weighlock, or the accuracy of the result of the weighing, such dispute or disagreement referees to be chosen. (i) See infra 56. P. L. 118. shall be referred to two citizens residing in the neighborhood, one to be chosen 19 March 1830 § 2. by each party, with power, if they cannot agree, to choose a third, who shall proceed forthwith to make the necessary examination, and the report of any two of them shall be final and conclusive as to the weight of the cargo, which shall thereupon be certified accordingly by the lock-keeper. 47. It shall be the right and privilege of the owner of the cargo of any boat on 16 April 1887 § 41. any canal in this commonwealth, if dissatisfied with the weight of the cargo or P. L. 636. empty boat, as decided by the weigh-master of such canal, to have it reweighed And empty boats when and where the same may be required by such owner; and in order to ascer- may be retain the true weight of the empty boat, it shall pass upon the scale in the same weighed. state and with the same boat furniture, fixtures and appendages as when weighed with the cargo on board. P. L. 119. 48. All and every boat navigating upon any canal, pool or other artificial navi- 19 March 1880 § 3. gation of any company incorporated as aforesaid, shall have a guard or plate of iron attached to the keel, and extending under the rudder, in such manner and to Opening between such distance as to cover the opening between the stern-post and rudder, and stern-post and rudder to be guarded. effectually prevent the line of any other boat from entering the same opening; and Penalty for negevery master or owner of a boat navigated as aforesaid, without such guard, shall, lect. for each and every offence, forfeit and pay the sum of twenty dollars, and moreover shall be liable for all damages occasioned by the want thereof. Ibid. § 4. 49. Every boat, craft or other floating thing navigated upon any canal, pool or other artificial navigation of any company incorporated as aforesaid, at night, shall Lights to be carcarry a conspicuous light in the bow thereof; and every master or owner of a boat ried at night. or other floating thing navigated at night, without a light in the bow, shall forfeit Penalty for negand pay the sum of five dollars for each and every offence, and shall moreover be lect. liable for all damages occasioned by the want thereof. Ibid. § 5. 50. No boat, craft or other floating thing shall unnecessarily stop, lie by or be moored within twenty rods of any lock, except in a basin; and every master or Not to be moored owner of any boat or other floating thing, who shall violate this regulation, shall near locks, &c. forfeit and pay the sum of five dollars. 51. Every master or person having charge of any boat, craft or other floating Ibid. § 6. thing, who shall be guilty of any unreasonable or unnecessary delay in entering Penalty for unreaor leaving a lock, shall, for each and every offence, forfeit and pay the sum of five dollars. sonable delay in entering or leaving a lock. Boats near 52. In case of breach or other obstruction in any canal or other artificial navigation of any company incorporated as aforesaid, the superintendent or other person having charge of the work at the time, shall direct the boats and other breaches, &c., to floating things which may be collected near such breach or other obstruction, to lie moor, on request. in such places and not to be moved backward or forward, as he may think fit or proper; and every owner, master or other person having charge of a boat or other Penalty for refusal. floating thing, who shall refuse or neglect promptly to comply with his directions, shall, for each and every offence, forfeit and pay the sum of five dollars. Ibid. § S. 53. The owner, master or navigator of each and every boat or other floating thing, navigating upon any canal, pool or other artificial navigation of any com- Permits to be expany incorporated as aforesaid, shall be and hereby is required to exhibit his per- hibited at each mit at each and every weigh-lock or other lock, and at every collector's office, and lock, &c. to surrender the same at the last lock the said boat or other floating thing may arrive at, before reaching the place it is permitted to proceed to; and every person Penalty for rewho shall refuse or neglect to exhibit and to surrender the permit as aforesaid, shall, for each and every offence, forfeit and pay the sum of ten dollars. fusal. Ibid. § 9. Ibid. § 10. 54. Every boat or other floating thing which shall arrive at any lock, and which shall not improve the first opportunity of passing the same, shall lose its preference. 55. No setting-pole or shaft pointed with iron or other metal shall be used or carried upon any canal, feeder or lock as aforesaid, and the master or owner of Penalty for using any boat, or person employed in navigating the same, violating this regulation, setting-pole shall, for every such offence, forfeit any sum not exceeding five dollars; and the pointed with iron. lock-keepers and other superintendents or agents having charge of any canal or part thereof, or lock as aforesaid, are hereby authorized and empowered to seize any setting-pole or shaft shod with iron or other metal, used or carried contrary to the provisions of this section. 56. All fines, penalties and forfeitures herein provided, imposed or given, shall be recovered and appropriated as is provided by the act to which this is a supplement.(k) Ibid. § 12. Penalties how re coverable. 22 April 1850 § 9. P. L. 539. less so marked. 57. It shall be unlawful for any person to transport gunpowder over any railroad, canal or slack-water in this commonwealth, unless the keg, barrel, box or other vessel containing the same shall be distinctly and conspicuously marked, by Gunpowder not to having the word "gunpowder" written or printed thereon; and every violation of be transported, unthis section shall subject the person or persons so offending to be prosecuted by indictment in the court of quarter sessions of the proper county, and punished by fine not exceeding five hundred dollars, and imprisonment not exceeding six months, or either of them, at the discretion of the court. (k) See supra 42. 81 March 1860 § 14. P. L. 147. Punishment for malicious injury to artificial navigation. &c. Ibid. § 145. 58. If any person shall wilfully and maliciously break, throw down, level or destroy the whole or any part of any lock, sluice, flood-gate, bank, waste-wier, damaqueduct, culvert, bridge, feeder, guard-wall, towing-path or berm-bank belonging to any artificial navigation, or stop up or obstruct any such feeder, waste-wier, aqueduct or culvert, such person shall be guilty of a misdemeanor, and, on conviction, be sentenced to pay a fine not exceeding one hundred dollars, and undergo an imprisonment, by separate or solitary confinement, or by simple imprisonment at labor, not exceeding three years. 59. If any person shall wantonly open or shut, or cause to be opened or shut, Wantonly opening any lock or safety-gate, or any wicket, paddle or culvert-gate, or any waste-feeder or shutting locks, or sluice-gate, or drive any nails, spikes, pins or wedges into any such gate or fixtures thereof, or shall take any other means to prevent the perfect and free use of the same, or shall wantonly or maliciously break, throw down or destroy any fence, wall or timber-work, or any canal, pool, feeder or other part of any artificial navigation; or if any person shall wilfully obstruct the navigation of any canal or pool, by throwing into the same, or sinking to the bottom thereof, any vessel, timber, stone, earth or other thing, or by placing anything whatever upon any towingpath; such person shall be guilty of a misdemeanor, and, on conviction, be sentenced to pay a fine not exceeding one hundred dollars, and undergo an imprisonment not exceeding three calendar months. Ibid. § 146. Destroying banks or walls. 60. If any person shall unlawfully and maliciously break down or cut down the bank or wall of any river, canal or marsh, whereby any land shall be overflowed or damaged, or be in danger thereof, such person shall be guilty of a misdemeanor, and being thereof convicted, be sentenced to pay a fine not exceeding one hundred dollars, and to undergo an imprisonment not exceeding one year. CAPIAS AD RESPONDENDUM. See ACTIONS PERSONAL. CAPITAL AND LABOR. See ARBITRATION; LABOR; TRADES-UNIONS; WAGES. 1. Common pleas may appoint board of arbitration to settle differences between employers and employés. Applicants to be citizens. 2. When application is made jointly, each party to appoint three arbitrators and court to appoint three, Persons appointed by the court not to be connected with interests of either party. 3. When application is made by but one party, court to appoint six persons. 4. Court to appoint one member as secretary. 5. Board to be sworn. To consider records and determine rules, and to sit with closed doors until organization is consummated. 18 May 1893 § 1. P. L. 103. Common pleas may appoint board of arbitration to settle differences between employers and employés. Applicants to be citizens. Ibid. § 2. When application is made jointly, 1. Whenever any differences arise between employers and employés in the mining, manufacturing or transportation industries of the commonwealth which cannot be mutually settled to the satisfaction of a majority of all parties concerned; it shall be lawful for either party, or for both parties jointly, to make application to the court of common pleas wherein the service is to be performed about which the dispute has arisen to appoint and constitute a board of arbitration(kk) to consider, arrange and settle all matters at variance between them, which must be fully set forth in the application, such application to be in writing and signed and duly acknowledged before a proper officer by the representatives of the persons employed as workmen, or by the representatives of a firm, individual or corporation, or by both, if the application is made jointly by the parties, such applicants to be citizens of the United States, and the said application shall be filed with the record of all proceedings had in consequence thereof among the records of said court. 2. When the application duly authenticated has been presented to the court of common pleas, as aforesaid, it shall be lawful for said court, if in its judgment the said application allege matters of sufficient importance to warrant the intervention each party to ap- of a board of arbitrators in order to preserve the public peace, or promote the interpoint three arbitra-ests and harmony of labor and capital, to grant a rule on each of the parties to the alleged controversy, where the application is made jointly, to select three citizens of the county of good character and familiar with all matters in dispute, to serve tors, and court to appoint three. (kk) See the act 26 April 1883, P. L. 15, title" Arbitration," sub-title "Courts of Conciliation." as members of the said board of arbitration, which shall consist of nine members, 18 May 1893 § 2. all citizens of this commonwealth; as soon as the said members are appointed by P. L. 103. the respective parties to the issue, the court shall proceed at once to fill the board Persons appointed by the selection of three persons from the citizens of the county of well-known by the court not to character for probity and general intelligence, and not directly connected with the be connected with interests of either party to the dispute, one of whom shall be designated by the party. said judge as president of the board of arbitration. interests of either 3. Where but one party makes application for the appointment of such board of Ibid. arbitration, the court shall give notice by order of court to both parties in interest, When application requiring them each to appoint three persons as members of said board within ten is made by but one days thereafter, and in case either party refuse or neglects to make such appoint- party, court to appoint six persons. ment, the court shall thereupon fill the board by the selection of six persons, who, with the three named by the other party in the controversy, shall constitute said Ibid. board of arbitration. retary. 4. The said court shall also appoint one of the members thereof secretary to the court to appoint said board, who shall also have a vote and the same powers as any other member, one member as secand shall also designate the time and place of meeting of the said board. They shall also place before them copies of all papers and minutes of proceedings to the case or cases submitted to them. Ibid. § 3. Board to be sworn. 5. When the board of arbitrators has been thus appointed and constituted, and each member has been sworn or affirmed, and the papers have been submitted to them, they shall first carefully consider the records before them and then determine the rules to govern their proceedings; they shall sit with closed doors until ords and determine their organization is consummated, after which their proceedings shall be rules, and to sit public. with closed doors until organization Ibid. Powers of presi 6. The president of the board shall have full authority to preserve order at the is consuminated. sessions, and may summon or appoint officers to assist, and in all ballotings he shall have a vote. It shall be lawful for him, at the request of any two members of the board, to send for persons, books and papers, and he shall have power to enforce dent. their presence and to require them to testify in any matter before the board, and for any wilful failure to appear and testify before said board, when requested by the said board, the person or persons so offending shall be guilty of a misdemeanor, and on conviction thereof in the court of quarter sessions of the county where the offence is committed, shall be sentenced to pay a fine not exceeding five hundred dollars and imprisonment not exceeding thirty days, either or both, at the discretion of the court. Ibid. § 4. When board is organized, sessions to be open. clusive. arises. 7. As soon as the board is organized the president shall announce that the ses- Applicant to be sions are opened, and the variants may appear with their attorneys and counsel, if plaintiff. In joint they so desire, and open their case, and in all proceedings the applicant shall stand applications, employés to be plainas plaintiff; but when the application is jointly made, the employés shall stand as tiff. plaintiff in the case, each party in turn shall be allowed a full and impartial hear- Decision of board ing, and may examine experts and present models, drawings, statements and any to be final and conproper matter bearing on the case, all of which shall be carefully considered by the Board to hold said board in arriving at their conclusions, and the decision of the said board shall meeting at place be final and conclusive of all matters brought before them for adjustment, and the where dispute said board of arbitration may adjourn from the place designated by the court for Ibid. § 5. holding its sessions, when it deems it expedient to do so, to the place or places Compensation of where the dispute arises, and hold sessions and personally examine the workings members of board. and matters at variance to assist their judgment. To be paid by 8. The compensation of the members of the board of arbitration shall be as county. follows, to wit: each shall receive four dollars per diem and ten cents per mile Compensation of both ways between their homes and the place of meeting by the nearest comfort- Ibid. § 6. able routes of travel, to be paid out of the treasury of the county where the arbitra- Decision to be tion is held, and witnesses shall be allowed from the treasury of the said county reached by a the same fees now allowed by law for similar services. witnesses. majority of members, and to be voting in the af 9. The board of arbitrators shall duly execute their decision, which shall be signed by those reached by a vote of a majority of all the members by having the names of those voting in the affirmative signed thereon and attested by the secretary, and their firmative. decisions, together with all the papers and minutes of their proceedings, shall be returned to and filed in the court aforesaid for safe keeping. 10. All laws and parts of laws inconsistent with the provisions of this act be and the same are hereby repealed. Decisions and min utes to be filed with the court. Ibid. § 7. Repealing clause. CAPITAL PUNISHMENT. See CRIMES; CRIMINAL PRocedure. |