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office, who shall hold such appointment until the end of the next meeting of the board, unless removed as hereinbefore provided.
Sec. 27. Any clerk duly authorized by a collector, may, in Clerk's power the absence of the collector, perform all the duties, and exercise all the powers, legally appertaining to such collector; and the collector shall be responsible for the acts of such clerk.
Sec. 28. Collectors may be authorized to refund tolls or pen- Toils impropedy alties, erroneously paid to them, or which equitably ought to be paid refunded, under such regulations as shall be prescribed by the board of canal commissioners; which regulations shall not be inconsistent with the constitution and laws of this State.
Sec. 29. The owner or owners of every boat pavigating Registry of toate either of the canals, shall subscribe and deliver to the collector of whom the first clearance for such boat shall be demanded, a certificate, to be entitled a “certificate of registry,” containing the name or names of such owners, and their respective places of abode, and also the name of the boat, and of some place as that where it is owned: if the owners shall reside out of this State, the certificate of registry shall be signed and delivered by the master of the boat, as the owner thereof. *
. Sec. 30. If the master of the boat of which the owners reside Continued out of the State, shall be changed after he shall have delivered such certificate, the new master shall sign and deliver a proper certificate of regi.try, to the collector of whom he shall first require a clearance,
Sec. 31. Every collector receiving a certificate of registry, Collectors 10 shall sign and deliver to the person of whom he shall receive the live receipts fez
w rogistry game as aforesaid, a written receipt therefor; and shall without delay record the same, in a book to be provided and kept by. him for that purpose; which book of registry shall be open to inspection during usual office hours: and the name of no registered boat shall be changed without the written order of the collector, in whose office the same is registered.
Sec. 32. Each collector shall, within one month from the Further duty of time any boat shall have been registered, or change made in collectors the registry in his office, transmit to each of the other collectors on the same canal, a certified copy of the register of boats in his office, and of the several changes made therein.
Sec. 33. If any person residing within this State, claiming Registry may be to be owners of a registered boat, by transfer from its former changed owners, shall produce to the collector in whose office the same shall have been registered, due proof of such transfer, and shall deliver him a new certificate of registry, signed by themselves, it shall be the duty of such collector to change the register of quch boat, so as to correspond with such new certificate.
Sec. 34. No clearance shall be granted to any boat unless Clearanaes, on the collector of whom it is required, shall have evidence that whate
vidence that what evidence
granted. such boat is duly registered; or, if it be not registered, until the master thereof shall have delivered to such sollector a proper
certificate of registry, or have exhibited to him the receipt of some other collector for such certificate.
Sec. 35. The persons specified in the certificate of registry Registry to de- of any boat, as the owners thereof, shall be deemed in law the signate the
true owners thereof, for all purposes of enforcing the collection owner
of tolls, and the execution of the laws, rules and regulations for the navigation or maintenance of the canals.
Sec. 36. Every owner of a boat who shall change its name Registry and from that stated in the certificate of registry then in force, withname of boat out the written order of the collector in whose office the same may be changed
shall have been registered; which written order the collector is required to grant, on the application of any owner for that purpose; and every master who shall enter or report such boat, at any collector's office, by a different name from that so stated; shall, for every such offence, forfeit the sum of twenty dollars.
Sec. 37. No boat shall receive a clearance, nor be permitted Name of hoat to to pass on either of the canals, unless such boat shall have the be painted there name thereof, and the name of the place where it is owned,
corresponding with its certificate of registry then in force, painted in some conspicuous and permanent part of the outside of the boat, in letters of at least four inches in height.
Sec. 38. No boat or float shall be permitted to pass on either of the canals, unless the master thereof shall trst have obtained a clearance therefor, for each voyage of such boat or float, from the proper collector of tolls on such canals; except in the cases hereinafter particularly specified.
Sec. 39. Clearances for every voyage shall be required of, Continued and issued by, the collector whose office shall be kept nearest to
the place at which the voyage is commenced: Provided, That there be any collector's office within one mile of such place.
Sec. 40. If there be no collector's office within one mile of Clearances con. the place from whence the voyage is commenced, the clearance
for such voyage shall be required of the collector at whose office the boat shall first arrive in the course of the voyage; and such boat shall be permitted to proceed from the place where the voyage was commenced to such collector's office, and no further, without a clearance.
. . Sec. 41. The full amount of tolls chargeable on each and Tolls to be paid every article of property which sball be on board of any boat,
or constitute any float, or be on board thereof, at the time such boat or float shall depart from the port or place in wbich there is a collector from whom a clearance is required, shall be paid to such collector before he shall issue a clearance for such boat or float.
Sec. 42. Every master of a boat or float conveying property Buis of lading to on either of the canals, shall exbibit to the several collectors be exhibited and hereinafter mentioned, a just and true account, or bill of lading,
"of such property, signed by himself and by the consignor thereof;
Clearance for eaeh voyage
what to contain
and containing, first, the name of each place on the canal where any portion of such property was shipped, and the place for which it is intended to be cleared, specifying the portion shipped at each of such places, and the portion intended to be cleared to each place; second, a statement of the weight of all articles of such property on which toll is to be charged by the ton, of the number of articles on which toll is charged by the number, and of the feet of each article on which toll is charged by the foot; third, a specification of the weight or quantity of each article or articles, on which one rate of toll is charged, and which is to be transported to one place, separately from other articles on which a different rate of toll is charged, or which is to be transported to a different place..
Sec. 43. Every such account or bill of lading shall be ex- Bulls of lading to hibited; first, to every collector of whom a clearance shall be be exhibited to required; second, to every collector whose office shall be next “act in order in the course of the voyage, to the place where the clearance shall have been granted; third, to every collector at a place where any portion of the cargo shall be unladen, or any additional cargo received; and it there be no collector at such place, to the collector whose office shall be next in order in the course of the voyage; fourth, to every other collector who shah demand such account or bill of lading to be exhibited.
Sec. 44. If any property shall be received on board of any further proylboat or other float, for the purpose of being transported on sion as to billion
of lading either of the canals, during any voyage after such boat or float shall have left the place at which a clearance for the voyage was granted, an account or bill of lading thereof, conforming to all the requisitions hereinbefore stated, shall be exhibited to the collector whose office shall be next in order in the course of the voyage, to the place where such property was received on board,
to whom the full amount of tolls, chargeable on such property, · shall be paid; and such boat or float shall not be permitted to
proceed on such voyage, beyond the office at which the tolls on such property, so received on board, is payable, until the full amount of such tolls are paid. para Sec. 45. When any cargo shall be taken on board of any Bills of ladin
boat or float, after such boat or float shall have left the place continued where a clearance was granted, as specified in the preceding section, the account or bill of lading of such property shall be exhibited to the collector whose office shall be next in order in the course of the voyage, to the office at which the tolls on such additional cargo are required to be paid, and to every other collector who shall demand it to be exhibited.
Sec. 46. If there be no collector's office within one mile of Bill of lading the place where a voyage on the canal shall be commenced, nor continued. within one mile of the place where the same shall terminate, nor at any intermediate place, the master of the boat or other float shall, within ten days after the termination of such voyage, exhibit a true account thereof, and a bill of the lading transported
on board of such boat or float, at any time during such voyage, te the collector whose office shall be nearest to the place where such voyage terminated, and shall pay to such collector the tolls due on such boat or float and lading; and every master who shall neglect to exhibit such account and bill, and to pay such tolls, within the period above limited, shall, for every such of fence, forfeit the sum of twenty-five dollars.
Sec. 47. Every master of a boat or other float navigating Penalty for re- either of the canals, who shall omit to exhibit or deliver a true
bibit bill of lading to any collector, or to pay the tolls thereon when
required, or shall deliver any article mentioned in a bill of lading at a place beyond that to which such article shall have been cleared, shall forfeit the sum of twenty-five dollars.
Sec. 43. Every person who shall sign or deliver to any colPenalty for a lector a false bill of lading, shall pay on all property omitted
in such false bill, treble the established rates of toll chargeable thereorr, to any collector who shall be satisfied of such omission, for the whole distance such property is conveyed on the canal.
. Sec. 49. Every person who shall knowingly sign or deliver Pena lty for sign a false bill of lading, shall be deemed guilty of a misdemeanor;
of and upon conviction thereof before any court of competent ju
risdiction, shall be fined not less than three times the value of the property omitted or falsely stated in such bill.
Sec. 50. Every collector receiving a bill of lading, may reCollector may require the master exhibiting it to verify it by his oath, which quire an oath such collector is authorized to administer. ee
Sec. 51. Each boat navigating the canals shall have a se. Clearance to be parate clearance; and no part of the cargo of any boat shall be for each boat cleared to a place beyond that to which the boat is cleared.
Sec. 52. No boat or other float shall proceed beyond the Clearances conti place to wbich it shall be cleared; nor shall any article of its
cargo be unladen after its arrival at the place for which such article is cleared, nor proceed beyond such place, until the master thereof shall have delivered the clearance of such boat or float to the collector at the place for which it is cleared, if there be any collector at such place.
Sec. 53. If there be no collector at such place, the master Continued shall deliver the clearance to the last collector whose office
shall be passed by the boat in the order of the voyage, and shall receive a permit from such collector, to proceed to the place to which the boat or float is cleared.
Sec. 54. Every master who shall omit to deliver a clearance Penalty for fail to the collector to whom the same ought to be delivered, shall ing to deliver forfeit the sum of twenty five dollars.
Sec. 55. Every collector issuing any clearance, or in whose Collectors to office any clearance is on file, shall, whenever requested, give a give a copy of certified copy thereof, with the additional cargo entered thereclearance
on, and the several indorsements of other collectors; for which he shall be entitled to demand and receive from the person ap. plying for the sarac, if such certified copy does not contain over
and master as to
one hundred words, ten cents; and if such copy contains over one hundred words, he shall be entitled to receive pay there. Fee tirerefor for at the rate of ten cents for every hundred words.
Sec. 56 Such certified copy of any clearance shall have the Clearance conti same validity and effect, as the original clearance of which it is nned a copy.
Sec. 57. The tonnage of all articles transported on either Tonnage regula of the canals, on which toll may be charged by the ton, shall be ted ascertained and charged according to the real weight of such articles, reckoning twenty net hundreds to make a ton.
Sec. 58. Whenever a difference shall arise between a col- Difference be. lector and the master of any boat or float, as to the amount of tolls chargeable on the lading of such boat or float, the collec- the amount of tor shall detain the boat or float and the articles on which toll tonnage, how se
gulated 13 to be charged, and shall weigh, count or measure the articles, as the case may require: and if it shall be ascertained that the weight, number or feet, exceeds the amount stated in the bill of lading thereof, the collector shall charge tolls according to the weight, number or feet thus found; and the master shall pay to the collector the expense of such weighing, counting or measuring: and such expense shall be chargeable on such articles, and on the boat or float containing them.
Sec. 59. The master of every boat or float shall be liable Continued for the payment of tolls and expenses chargeable on such boat or float and its cargo; and it shall be the duty of every collec. tor to detain all articles on which tolls or expenses are charge. able, and the boat or float containing them, until such tolls and expenses shall be paid.
Sec. 60. If such payment be refused, the collector shall, in Collector to dis. the name and on behalf of the State of Ohio, distrain so much train property
and sell the same of the property detained, as shall be sufficient to satisfy the charges thereon; and at the expiration of ten days, if such charges shall remain unpaid, he shall expose to sale, at public auction, the property distrained, at his usual place of receiving tolls, and sell the same to the highest bidder, between the hours of ten o'clock, A. M. and four o'clock, P. M., having first given Notice of sale to two days' notice of such sale, and a description of the property be given to be sold, by advertisement posted up in three of the most public places in the township in which said collector's office is si. tuated.
Sec. 61. Any surplus avails of such sale, after the payment com of the sum chargeable thereon, including costs of distress and paid over sale, shall be paid on demand to the master of the boat or float, er to the owner of the property distrained.
Sec. 62. Every master of a boat shall make out and certify Rates of toll per a correct list for every voyage of all passengers over twelve head on passen years of age, which are transported on board of such boat for any distance during such voyage; stating therein the name of each passenger, and the distance such passenger is transported, and deliver said list to the collector to whom the clearance of