the boat for such voyage is to be delivered: and shall pay to such collector, for each passenger, five mills for every mile such passenger shall have been transported. Sec. 63. Such list of passengers shall, at all times during Names of the pas such voyage, exhibit the names of all passengers then on board sengers to be re of the boat, and the distance which each has been transported, gistered or which each is to bo transported; and shall be examined by the several collectors to whom the master of the boat is required to exhibit his clearance. glect Sec. 64. Every master of a boat who shall omit in any resPenalty for ne pect to comply with the requisitions of the two preceding sections, shall, for every such omission, forfeit and pay the sum of ten dollars, in addition to the tolls omitted to be certified; and the boat, and the owners thereof, shall severally be held liable for the payment of all such tolls and penalties. Sec. 65. Every penalty and forfeiture prescribed by this Collection of pen act, and for which any owner, master, boatman, navigator, or alties regulated other person having charge of any boat or float, or assisting in the management thereof, when such penalty or forfeiture is incurred, shall be chargeable on such boat or float; and a suit in the name, and on behalf of the State of Ohio, for the recovery thereof, may be brought by any collector, superintendent, acting commissioner, or engineer, before any justice of the peace within the county where such penalty or forfeiture was incurred, or before any other court of competent jurisdiction, against any person being in the possession, or having charge of, such boat or float, at the time such suit is commenced. nued Sec. 66. When any suit shall be prosecuted for any such Collection conti penalty or forfeiture, the magistrate issuing the process, by a clause to be inserted therein, may direct the officer serving the same, to detain such boat or float, and the furniture and horses belonging thereto, until the suit shall be determined, or until adequate security shall be given for the payment of any judg. ment that may be recovered. ings thereon Sec. 67. If such security shall be given, or the defendant Further proceed in such suit shall prevail, the magistrate shall order the boat or other float and property detained, to be released: but if no such security be given, and a judgment shall be recovered for such penalty or forfeiture, and the same, together with the costs, shall not be immediately paid, an execution shall be forthwith issued, under which the property so detained may be sold, in like manner as if the judgment had been rendered against the owner or owners thereof. plainca Sec. 68. The term "float," as used in this act, shall be conThe terms float strued to embrace every boat, vessel, raft, or floating thing, and master ex navigated or moved on either of the canals, under the direction of any person or persons having charge thereof: and the term "master," as so used, shall be construed to apply to every person having, for the time, the charge, control, or direction, of any such float. for keeping ac Sec. 69. The collectors of tolls shall keep accounts of all state auditor to tolls received by them, in such form as shall be prescribed, prescrise forms from time to time, by the auditor of State; and shall deposit counts of tolls the original books of accounts, together with such clearances and other papers as he shall require, in the auditor's office, on or before the tenth day of December, in each year. the State auditor Sec. 70. Each collector shall make abstracts from such Collector to books, showing the amount of tolls received by him each day, transmit lets to and transmit the same, by mail, to the auditor, once in each monthly month, and as often as the auditor shall require, if he shall think proper to require such abstracts more frequently than once in each month. Sec. 71. Each collector shall deposit, at least once in each Collectors to de month, to the credit of the treasurer of State, in such bank as posit tolls in bank monthly may, from time to time, be designated by the treasurer, all moneys received by such collector, for tolls, penalties, and forfeitures, after deducting therefrom such portion of his salary as shall then be dae, and such incidental expenses as shall have been allowed by the auditor; for which duplicate receipts or certificates of deposit shall be taken, one of which shall, without delay, be transmitted by mail to the auditor of State, who shall charge the same to the treasurer, and credit the amount to the canal fund. fault Sec. 72. If any collector of tolls shall omit to transmit any abstract or certificate of deposit, or to deposit in the office of Penalty for dethe auditor of State, any original book of account, clearance, or other paper, as required by the preceding sections, for the space of one month after the same should have been done, the auditor shall immediately notify the president of the board of canal commissioners, of such omission, and such collector shall be immediately removed from office; and the auditor shall immediately cause suit to be instituted against such collector and his sureties, on the bond of such collector. Sec. 73. If any collector of tolls shall neglect to deposit, Penalty how according to law and the directions of the auditor, the moneys collected that from the abstracts transmitted to the auditor, shall appear to be due from such collector, the auditor may issue a warrant under his hand and seal, directed to the sheriff of any county where such collector, or any of his securities, may be found, thereby commanding such sheriff, in the name and on behalf of the State of Ohio, to cause the amount appearing to be due from such collector, to be levied and made of the goods, chattels, lands and tenements of such collector; and in case the same shall be insufficient, then of the goods and chattels, lands and tenements, of the sureties of such collector: and to return the money, together with the warrant, and his doings thereon, to the auditor, within sixty days from the date thereof. Sec. 74. The sheriff to whom any such warrant shall be Duty of the she directed, shall immediately cause the same to be executed; riff in collecting and may demand and collect the same fees for executing the collectors same, as are allowed by law for the service of executions, issuing from the courts of common pleas of this State. Sec. 75. That the auditor of State shall open and keep a State auditor to correct account with each collector of tolls, in a book to be keep accounts of provided and kept by him for that purpose: and for the purpose of making out such account, shall carefully examine and compare the books, abstracts, and other papers, returned by each collector; and shall also compare the same with the abstracts and papers returned by the other collectors, which may furnish a corresponding account of any items contained in such abstracts. nish the names of collectors Sec. 76. That it shall be the duty of the canal commissionCanal commis-ers to furnish the auditor with a statement, exhibiting the sioners to fur names of the several collectors of tolls, and of the place where each is to keep his office; the amount allowed to each collector for his salary, office rent, or any other allowance authorized by the board; and of all changes from time to time, made in the foregoing particulars: and to deposit in his office all bonds given by collectors, for the purpose of enabling the auditor to comply with the requisitions of the foregoing sections. Costs on suits Sec. 77. That if any collector, superintendent, acting comby whom paid missioner, engineer, or other person, shall commence any suit, or institute any other proceeding under the provisions of this act, and judgment shall be rendered for the defendant, in such suit or other proceeding, or discontinued without the consent of the parties; such collector, superintendent, acting commissioner, engineer or other person, commencing such suit or other proceeding, shall be liable to the defendant or any other person interested therein, for all costs, hindrance, delay, and other damages sustained thereby; to be recovered by action on the case, in any court of competent jurisdiction, unless the court or jury, as the case may be, shall be satisfied by evidence produced by the defendant in the action brought for the recovery of such damages, that there was probable cause for commencing and carrying on such former suit or other proceeding. Appeals allowed to common pleas Sec. 78. That in all prosecutions and proceedings, under this act, it shall be lawful for either party to appeal to the court of common pleas of the proper county, upon the same conditions, and in the same manner, as appeals are allowed by law in civil cases cognizable by justices of the peace. THOMAS L. HAMER, Speaker of the House of Representatives. ROBERT LUCAS, Speaker of the Senate. February 23, 1830. AN ACT supplementary to the act to regulate the navigation and collection of tolls on the canals of this State. canal boats, how Sec. 1. Be it enacted by the General Assembly of the State of The opening be Ohio, That every boat navigating upon either of the canals of tween stern post this State, shall, by means of a guard or plate of iron, firmly and rudder of attached to the keel and extending back under the rudder, or secured by means of some other permanent device, cover and secure the opening between the keel or stern post, and the rudder; so as effectually to prevent the towing line of any other boat from entering said opening. gate the canals jecting from the Sec. 2. That it shall be unlawful for any boat, having any No boat to navi bolt, spike, nail, hook, or other instrument, or any end of any with any bolt, wale, plank, timber, board or pin, projecting from the bottom spike, &c. proor side thereof, in such a manner as to be liable to injure any side or bottom other boat, or the towing line thereof, or any work or device appertaining to the canal, to navigate on either of the canals of this State; and every master, owner, or part owner, of any boat violating either of the provisions of this or the preceding sec- Penalty for viotion, shall, for every such offence, forfeit and pay the sum of ten dollars, and moreover be liable for all damages occasioned by such violation. lation boat to strike Sec. 3. That in no case shall the stern or bow of any boat Penalty for pei or float, approaching or being about to enter, or having enter-mitting how of ed, any lock, be permitted to run against, or strike the head heat walls or walls, or either of the gates of such lock, willfully or negligent. Eates of a lock ly; and for every violation of either of the provisions of this section, the master of such boat or float shall forfeit and pay the sum of one dollar, and moreover be liable for all damages occasioned by such violation. nooring at pub. determined Sec. 4. That whenever any dispute shall arise concerning Disputes con berths, places of mooring, or of lading or unlading, of any two cerning place of or more boats or floats, at any public landing place or basin, or lic landing, how at any other place on either of the canals, except at a wharf or landing place which is private property, it shall be the duty of the collector, and if there be no collector present, of any superintendent, to assign berths or places to all such boats or floats; and the master of every such boat or float, failing to comply immediately with such assignment of the collector or superintendent, shall forfeit and pay the sum of five dollars, and moreover be liable for all damages sustained by any individual in consequence of such failure. before clearance issued Sec. 5. That all tolls chargeable on any boat or float, for Tous to be paid any voyage about to be made on either of the canals of this State, shall be paid to the collector who is required to issue a clearance for such voyage, before such clearance shall be issued. Sec. 6. That any collector from whom is required a clear- When permit ance, agreeably to the thirty-ninth and fortieth sections of the may be issued act to which this is a supplement, may issue a permit instead of a clearance, as required by said act: Provided, The voyage instead of clear ance Where tolls shall be paid when voyage commences more for which such permit shall be issued, shall not extend to, nor within a mile of any place on the canal where there is a collector's office. Sec. 7. That in all cases where a boat or float shall commence a voyage at any place more than one mile distant from any collector's office, and which voyage shall terminate at any place at which, or within a mile of which, there is a collector's than a mile from office; all tolls chargeable on such boat, float, and cargo on collector's office board thereof, shall be paid to the collector at or near whose bill of lading, signed by master of boat, and sworn to if re office such voyage terminates: and a permit shall be obtained Sec. 8. That it shall be the duty of [every] collector, to Collector to en. whom bills of lading are required to be presented, in order to ter in a hook a obtain a clearance for any voyage, agreeably to the forty-second certificate from and forty-third sections of the act to which this is a supplement, which shall be to make out from such bill or bills of lading, on a book to be provided by him for that purpose, a certificate containing a pertinent description of the articles composing the cargo of the boat or float, or composing such float, for which clearance is about to be issued, properly classified and designated with reference to the rates and amount of tolls chargeable thereon; which certificate shall be signed by the master of such boat or float, who shall also attest on oath or affirmation to the correctness thereof, if required by the collector, before the clearance for such boat or float shall be issued. quired ter clearance is. Sec. 9. That in case any property, not contained in the cerProperty receiv- tificate prescribed in the preceding section, shall be received ed on board af on board of any boat after clearance for the same shall have sued, to be enter been issued, the collector whose office shall be next in order in ed in like man- the course of the voyage, to the place where such property was Sector's office received on board, shall make out a certificate of all such property on a book, to be provided by him for that purpose, conformably to the requisitions of the preceding section, which shall be signed, and, if the collector shall require, be attested, by the master of such boat or float, on oath or affirmation. ner a next col. Sec. 10. That every master of any boat or float, who shall Penalty for non- in any respect refuse to comply with the requirements of the compliance with two preceding sections, or who shall sign a false certificate, sections shall, for every such refusal or offence, forfeit the sum of twenty-five dollars. two preceding List of arti Sec. 11. That in every case where a certificate is required cles named in to be made out and signed, agreeably to the provisions of the |