« SebelumnyaLanjutkan »
and land to be
any court of competent jurisdiction; and every continuance to use, draw, or interfere with the water, as specified in the preceding section, without having first purchased the right to do 80, or witbout having complied with the conditions attached thereto, shall, for each day, be judged a new offence, and shall subject the person offending to the same penalty herein before specified.
Sec. 3. That whenever, in the opinion of the board of canal r Water power commissioners, there shall be surplus water in either of the
inal canals, or in the feeders, or at the dams erected for the purpose counmissioners in of supplying either of said canals with water, or for the pur. certain cases
pose of improving the navigation of any river, and constructed at the expense of the State, over and above the quantity of wa. ter which may be required for the purposes of navigation, the said commissioners may order such surplus water, and any lands granted to, or purchasad by the State, for the purpose of using the same, or such part thereof as they may deem expedient, to be sold for hydraulic purposes; subject to such con. ditions and reservations as they may consider necessary and proper, either in perpetuity or for a limited number of years, for a rertain annual rent, or otherwise, as they may deem most beneficial for the interests of the State,
Sec. 4. That the provisions of the foregoing section, shall ex. " Provisions ex tend to, and include, the water passing round locks, from one plained level to another, on eitder of the canals of this State.
Sec. 5. That no hydraulie power, nor right to the use of any Right or selling water, shall be sold, leased, or conveyed, escept such as shall pentrialed to cer accrue from the surplus water of the canal, feeders, or dame,
or from the water passing round any lock, after supplying the full quantity necessary for the purposes of navigation.
Sec. 6. That every lease, grant or conveyance of water pow. No sale to be ah er, shall contain a reservation and condilion, that the State, or right reserved to its authorized agents, may at any time resume the privilege re enter in cer. or right to the use of water, or any portion thereof, whenever
ir may be deemed necessary for tbe purposes of navigation, or whenever its use for hydraulic purposes shall be found in any manner to interfere with, and injuriously affect, the navigation of either of the canals, feeders or streams, from which the wa. ter shall be taken for such hydraulic purposes; and whenever such privilege shall be resumed, in whole or in part, the sum paid therefor, or the rent reserved, or such reasonable portion thereof as shall be determined upon, agreeably to the conditious and stipulations of the lease or deed of conveyance aforesaid, shall be refunded, or remitted to the purchaser or lessee, his heirs er a-sigos..
Sec. 7. All moneys received for the rent or sale or any hy. Proceeds of sales draulic power, granted or conveyed under the provisions of this how appropriat. act, shall be paid into the State treasury, and constitute a part
of the canal fund; and shall be subject to the same rules and regulations as are prescribed in the sixth section of the act to
solule, and the
provide for the interpal improvement of the State of Ohio, by
THOMAS L. HAMER,
Speaker of the Senate.
„AX ACT to regulate the navigation and collection of tolls on the Canals of
Description of rafts or floats at
Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That no boat or vessel of any kind, except such as shall Description of lave a firm and permanent bow, which shall be at least as sharp bo
ap to navigate tho or acute as a semi-circle, shall be permitted to navigate or float canals on either of said canals of this State, under a penalty of ten dollars; for the payment of which such boat or vessel, and also the owner thereof, shall severally be liable: and every time such boat or vessel shall be moved on either of said canals, the distance of one mile or upwards, shall be considered a distinct offence.
Sec. 2. No rast or float, composed in whole or in part of round or unhewn timber, shall be permitted to float, or be navigated cos on either of the canals of this State; nor shall any fire wood, or lowed to navi other split or sawed wood or lumber, be transported on either gate the canala of said canals, otherwise than on board of such boat as may law. fully navigate the same, under the penalty of ten dollars for every offence in either of the cases herein specified; for the payment of which pepalljes sucb raft or float, and also the own. crs thereof, shall severally be liable.
Sec. 3. If any person in navigating or managing, or assisting Penalty for mig in the navigation or management of any boat or other float, on managing boat, either of the canals of this State, shall, through design or negli-9c. gence in the navigation or management thereof, injure any lock, lock-gate, waste-gate, guard gate, bridge, aqueduct, or other work or device, appertaining to either of said canals; such person shall, for every such offence, forfeit and pay the sum of twenty five dollars, as a penalty for such offence: and every master, owner, or part owner of such boat or float, and also the boat or float itself, shall severally be liable for the payment of such penalties, and moreover be liable for the payment of all damages occasioned by such mismanagement or negligence..
Sec. 4. No float shall move on either of the canals faster Rale at which than at the rate of three miles ap hour, where such canal, or vessels may the part thereof on which such Qoat shall move, shall have been at soch time navigated less than one year; and in no case shall any float move on either of the canals faster than at the rate of four miles an hour; under the penalty, in either case, of ten dol
move on the ca nals
lars for every violation of this section; for the payment of wbichthe master, manager, owner or part owner of such float, and also the float itsell, shall severally be liable.
Sec. 5. When a boat or other float shall overtake any other Manner of boats, wat vi wa uu tuer
boat or float on either of the canals, it shall be the duty of the Cic. passing each master or manager of the latter, to turn from the towing path, other on the ca and give to the former every practicable facility for passing,
and to stop wbenever it shall become necessary, until the boat or float first mentioned, shall have fully passed.
Sec. 6. When any float, in passing on either of the canals, Continued
shall meet any otber Alcat, passing in an opposite direction, it shall be the duty of tbe master of each to turn to the right hand, 80 as to be wholly on the right side of the center of the canal; aod the horses or other moving power of the boat, which, in turoing to the right as aforesaid, shall turn from the towing path, shall be stopped so as to allow the moving power of the olher, and ihe float itself, to pass freely over the towing rope of the float so turned from the towing path.
Sec. 7. Whenever two or more floats, moving in opposite Continued directions on eitber of the canals, sbalj at the same time ap
proach any place, where, from the contracted breadth of such canal, or other cause, they cannot safely pass each other; it shall be the duty of the master of every such float, going from Lake Erie on the Ohio canal, or from the Ohio river on the Mi. ami canal, or from Columbus on the Columbus feeder, to stop at such distance from such place, as will permit the float or floats moving in the opposite direction conveniently to pass by, and there to wait until such passage is effected.
Sec. 8. Any float moving on either of the canals, which Manner of pass shall have arrived within one hundred yards of any lock, in
which the water is on the same level with such float, sball be permitted to pass such lock, besore any float not on the same level.
Sec. 9. If on the arrival of any two or more floats, at or Preference to be near to any lock, a question shall arise between their respective given when masters as to which shall be first entitled to pass, such question boat is to pass a small
e shall be determined by the lock keeper, or any other agent of
the State having cbarge of such lock, if any such lock keeper or agent be present; and each float shall be passed in the order and manner in which such lock keeper or other agent of the State shall direct.
Sec. 10. No setting pole or shaft, pointed with iron, steel, No iton pointed or other metal, shall be used in the navigation or management pole to be used of any float on either of the canals of this State.
Sec. 11. No person shall attempt to pass any float into any Opening and cloglock, or out of any lock, until the main gates at the head or foot fig lock gates of said lock, as the case may be, between which gates such float
shall be about to pass, shall first be entirely opened into their respective reccsses, nor until all paddle and culvert gates of such lock shall be closed.
Sêc. 12. Neither of the main gates at the head or at the Continue foot of any lock shall be closed, nor allowed to close of their own accord, while either of the paddle or culvert gates at the opposite end of such lock shall remain open.
Sec. 13. When any float shall pass out of any lock, the main Continea gates of such lock, through or between which such float shall have passed out, shall be left entirely open, and completely within their respective recesses; and all the paddle and culvert gates of such lock shall be left closed: Provided, however, That where the acting commissioner or superintendent having charge Proviso of that part of the canal in which such lock is situated, shall direct any paddle, culvert or other gate, to be left open for the purpose of passing water through the same, such direction shall be complied with and obeyed by all lock keepers, masters of floats, boatmen, and all other persons concerned in navigating sach canal.
Sec. 14. No boat or other float shall be permitted to pass Entering of a into any lock, nor to strike against any part thereof, with such lock force as to injure, or be liable to injure, any part of such lock, or any gate or other work or device appertaining thereto, or designed to protect the same.
Sec. 15. No tock-gate, culvert gate, or paddle-gate, shall be closing gates closed, nor permitted to close itself, with such violence, as to injure, or be liable to injure the same.
Sec. 16. Every master of any float who shall violate either Penalty for via of the provisions of the eleven sections next preceding this lating the provsection, or who shall permit any boatmen or other person as->
c. Personas going sections sisting in the navigation or management of such float, to violate either of the said sections, or any provision thereof, shall, for every such violation, forfeit and pay the sum of ten dollars; and every owner, or part owner, of any such float, and also such float, shall severally be liable for the payment of all penalties so as aforesaid incurred, and shall moreover be liable for the payment of all damages which may be occasioned by such violation; and every lock-keeper who shall violate either of the provisions of the five preceding sections, shall forfeit the sum of ten dollars for every such violation.
Sec. 17. Every person who shall wilfully, or through ross Negligence negligence, obstruct the navigation of either of the canals of punished this State, by the improper moving, management, or conduct of any boat or floating thing, shall, for every such offence, forfeit the sum of ten dollars.
Sec. 18. Every person who shall wilfully, or through gross negligence, obstruct the navigation of either of the canals o
structing canals tbis State, by sinking any vessel, timber, stone, earth or other thing, in any part thereof, or by placing any obstruction on the towing path thereof, or on the bank opposite to the towing path, shall forfeit the sum of twenty dollars.
Sec. 19. Every person who shall incur a penalty under either of the two nest preceding sections, by committing any
Private damages allowed
the canals, to be seized and sold
offence therein specified, shall moreover be liable to the State, bages and to every person injured thereby, for the payment of all da.. mages which shall accrue in consequence of such oflence.
Sec. 20. It shall be the duty of every engineer, collector, Articles found in superintendent or agent, employed on either of the canals, to
be seize all boats, rafts, logs, and every floating or sunken thing,
which may be found in either of said canals; and all articles found on the towing path thereof, not under the charge of any person, and to sell the same at public vendue, after giving ten days' previous notice thereof in writing, posted up in two public places near the place where such boat or other articles or thing may be found.
Sec. 21. If the owner of any article so seized, shall appear claim and pay and claim the same before the time of sale, and pay the cost of
seizure and expense of removal, sucb sale shall not take place.
Sec. 22. If the oflicer making such sale shall not be a colProceeds of onie lector, the avails of such sale sliall be accounted for by him to how disposed of the nearest collector, who shall account for the same as for tolls
collected; and if the sale be made by a collector, he shall account for the avails thereof in the same manner.
Sec. 23. After any such sale shall have been made, and the Owner may proceeds thereof shall be in the hands of the collector or officer slain proceeds making such sale, such collector or other officer may, on the ap
plication of the owner, and due proof of ownership, pay over such proceeds to such owner, after deducting all penalties, for feitures, costs, and reasonable expenses chargeable thereon.
Sec. 24. The board of canal commissioners, until otherwise Board to appoint provided by law, shall appoint so many collectors of canal tolls
on cach of the canals of this State, as they shall deem necessary for the punctual collection of tolls on such canals; shall require each collector to give bond with suilicient security, for the faithful performance of his duties, in such sum as the board shall prescribe; shall designate the place where the office of each collector shall be kept; and shall determine what reasonable salary
or other allowance, shall be received by each collector for his · services.
Sec. 25. Collectors of canal tolls shall be appointed for such Fleir term op term as the board of canal commissioners shall dcem expedient, office limited not exceeding three years; but any collector shall be suhjcct to
be removed at any time during the period for which he shal} be removed have been appointed, for malfeasapce in office, or for neglect of
duty, whenever the president of the board of canal commissioncrs, together with the acting commissioner having charge of that part of the canal on which the ollice of such collector is situated, shall bclieve the public interest requires such removal, or when the provisions of the law shall require the same.
Sec. 26. In case of the removal of any collector, as provided l'acancies in the preceding section, the president of the board and acting
canal commissioner by whom such removal shall have been pade, may appoint some other suitable person to such vacant