sighth and ninth sections of this act, the collector shall enter certificate, upon the clearance a correct list or statement of all articles of and amount lading contained in such certificate, properly classified and de- of tolls, to be signated, with the amount of tolls charged and received there- clearance on, and shall sign his name thereto. entere iu the list of par sengers Sec. 12. That lists of passengers, required by the sixty- What shall be second and sixty third sections of the act to which this is a sup- set forth in plement, shall in all cases exhibit distinctly and legibly written with ink, in separate columns to be provided for the purpose; first, the name of each passenger of twelve years old or upwards, on board of the boat at the time of the arrival thereof at any place where there is a collector's office, or who shall have been transported for any distance on board thereof, during the voyage; second, the name of the place, or the distance from some place of notoriety on the canal, where such passenger came on board; third, the place to which such person may have taken passage; fourth, the place where such passage actually ended, if at a place different from that to which passage List to be at was taken: which list shall in all cases be attached to the tached to clearance of the boat, and with the clearance, be delivered to clearance the collector to whom the clearance is required to be delivered. Sec. 13. That every person who shall go on board of any Who shall be boat for the purpose of being transported from one place to considered another, shall be considered a passenger; whether any price passengers may be demanded for the transportation of such person or not, and whether he may pay for his passage in money, in labor, or otherwise. Sec. 14. That on the arrival of any boat or float at the Exhibition of place of destination, or at any place in the course of the voybills of lading age where there is a collector's office, if in the day time, the master thereof shall immediately present to the collector the bill or bills of lading, as required by the forty-third, forty-fourth and forty-fifth sections of the act to which this is a supplement, together with the clearance and list of passengers; and if such boat or float shall arrive in the night time, the same shall be presented between the time of arrival and one hour after sunrise. serted to col Sec. 15. That no boat or float shall proceed on its voyage Boat not to until the bill or bills of all articles of lading on board thereof, proceed until or composing such float, together with the clearance and list of papers are pre passengers, shall have been presented to the collector, as pro- lector, cargo vided in the preceding section; nor until all necessary exami-examined, nations and comparisons of such bills of lading, clearance and tolls paid, &c eargo, shall have been made, nor until all tolls chargeable on such boat, float or cargo, payable at such office, shall have been paid, and the necessary certificate of additional cargo, if any, shall have been signed, and, if required by the collector, attested on oath or affirmation: and the collector may detain both Collector may the bills of lading and clearance until the necessary entries shall detain papers till con pli be made on such clearance, and until all the requisitions of this ance section shall be complied with. Sec. 16. That in case any boat or float shall depart from Penalty for de any place where there is a collector's office, without a clearparting with ance or permit, or shall pass by any place where there is a out clearance, collector's office, without first having complied with each and &C. every provision of the preceding section; the master thereof shall, in each case, forfeit and pay the sum of ten dollars, together with double tolls on all articles on which tolls were payable at such office. Sec. 17. That no part of the cargo of any boat or float, nor Cargo not to any article composing such float or any part thereof, shall be be un aden un unladen, landed or removed from the canal, at the termination til a perit of any voyage on such canal, nor at any place on the canal withtained from in one mile of a collector's office, until the clearance, together collector, &c. with the bill or bills of lading of the whole cargo of such boat therefor be ob olation. or float shall have been presented to the proper collector, and a permit obtained from such collector for such unlading, landing or removal; which permit such collector is hereby required to grant after a reasonable time shall have elapsed for the examination of such clearance, bills of lading, and cargo, and on the payment of all tolls which shall remain due: and for every Penalty for vi violation of any provision of this section, the master of such boat or float shall forfeit and pay the sum of ten dollars, and also double the amount of tolls chargeable on the article or articles so unlawfully landed, removed or unladen: Provided, That in all cases where any boat shall be in a leaky condition, or from any other cause, goods or property on board any such boat shall be in danger of damage or perishing by delay, and the proper collector cannot be found, such goods or property may be landed and secured until such collector may be found, and a permit obtained for the further removal of the same. Proviso. Sec. 18. That in any case where any boat or float shall naBoats navigat Vigate, or attempt to navigate, on either of the canals of this ing the canals State, without being legally authorized so to do, it shall be the without being duty of every lock tender, superintendent, or other authorized authorized, agent of the State, on being notified thereof, to stop and detain may be stop'd such boat or float, until the same shall be legally authorized to proceed. Sec. 19. That for the purpose of ascertaining whether any Clearance to boat or float which shall be found navigating on a canal of this be exhibited State is authorized so to do, it shall be the duty of the master to lock tender thereof to exhibit to the lock tender at the first lock at which such boat or float shall arrive, after having departed from, or passed by any place at which there is a collector's office, the clearance of such boat or float; and if there be no lock tender at such lock, then the same shall be exhibited to the first lock tender or superintendent who shall be passed in the order of the vovage from such collector's office, and who shall demand to see such clearance: and if the clearance shall not be so exhibited, such lock tender or superintendent shall stop such boat or float from proceeding further on the canal, until the same shall be legally authorized so to do, Sec. 20. That it shall be the duty of every collector to Collector rewhom any list of passengers is required to be delivered, at or ceiving a list near the termination of any voyage on either of the canals off passengers, this State, to examine, on oath or affirmation, (which oath or af master on firmation such collector is hereby authorized to administer) the oath. master of the boat, as to the correctness of every such list: and to examine if any master of a boat shall refuse to answer any proper ques- Master refus tion of such collector, relating to the correctness of such list, or ing to answ'r, the amount of tolls payable on passengers for such voyage, he shall be fined. shall, for every such refusal, forfeit and pay the sum of ten dollars, together with double toll on passengers transported during such voyage, and whose names he shall have omitted to enter on such list. whom Sec. 21. That it shall be the duty of every collector with Collector whom the clearance for any voyage on either of the canals is with required to be deposited, carefully to examine and compare the clearance is deposited, to same with the bill or bills of lading, and also with the cargo; to examine same revise the charges and calculations of tolls entered thereon; to and correct er correct and note thereon all errors which may be discovered: rors and if he shall find that the amount of tolls received agreeably to such clearance, falls short of the proper sum, he shall receive and account for the balance, as in other cases of tolls received; and if he shall find that the amount of tolls actually paid on said clearance exceeds the correct amount, he shall refund to the master the excess; for which he shall take the master's receipt, and charge the same in the proper account. United States Sec. 22. That all boats, floats, or other property of the Provision in re United States, shall be permitted to navigate, or be transported lation to the on either of the canals of this State, free from the payment of boats of the tolls: Provided, Satisfactory proof be made to the proper collector that the same is bona fide the property of the United States; but all such boats, floats or other property, shall be reported, cleared, and in all other respects be subject to all and singular the rules, regulations, provisions, and forfeitures and liabilities, prescribed by the laws of this State, or the orders of the board of canal commissioners in accordance therewith. Sec. 23, That any collector may examine, on oath or affir- Mode of ascer mation, the master of any boat or float, for which exemption from taining whethe payment of tolls is claimed under the provisions of the pre- ther boat or ceding section, and the master of any boat or float, on board of cargo is the property of which is transported any property for which such exemption is the U. States claimed, as to the ownership of such boat, float or other property; and if he shall refuse to answer such proper questions as may be propounded by such collector in relation to such ownership, or if from his answers, the collector shall not be satisfied that the boat, float, or property in question, is the property of the United States, tolls shall be charged and paid thereon, as in other cases. Sec. 24. That every owner and part owner of any boat or float, Owners and and also such boat or float, shall be severally liable for the pay-boats ment of all penalties and forfeitures incurred by the master for forfeitures liable incurred by thereof, or by any boatman or other person assisting in the navi master, &c. gation or management of such boat or float, and also for the payment of all tolls chargeable thereon, or chargeable on any pro-perty or passengers transported on board thereof. Sec. 25. That all penalties, forfeitures and liabilities incurForfeitures red under the provisions of this act, shall be sued for, prosecuted how recover'd and recovered. paid over and accounted for, in the same manner and appropri as is provided by the act to which this is a supplement, in cases of penalties, forfeitures and liabilities incurred under the provisions of said act; and either party may appeal to the court of common pleas as provided in said act. ated. JAMES M. BELL, Speaker of the House of Representatives. March 10, 1831. Canal com thorized to or mill site, AN ACT to provide for the purchase of water privileges. Sec. 1. Be it enacted by the General Assembly of the State of Ohio. That where any feeder to either of the canals of this State, from any stream which is not navigable and a public missioners au- highway, has been constructed, or may hereafter be construct. ed, at the expense of the State, by which a greater quantity of purchase mill water may be introduced than is required for the purposes of liable to be navigation, thereby creating valuable hydraulic privileges, injured by the either on said feeder or on the canal receiving water therefrom; introduction and where the introduction of such additional quantity of the canals or water will injure mills or mill sites on such stream, between feeders, for hydraulic purposes of water into the point where the water is to be taken out, and the point at which it is to be returned into such stream; the canal commissioners shall be authorized to purchase for, and on behalf of the State, any such mill or mill site so liable to be injured, or the right to take from such stream such additional quantity of water, as either may be deemed best for the interest of the State: Provided, The sum to be paid for such mill, mill site or Proviso as to privilege, shall in no case exceed two thirds of the sum for the sum to be which the commissioners shall have ascertained the hydraulic paid privileges, to be supplied by such additional quantity of water, can be sold: or said commissioners may, at their option, conMay convey vey to any owners of any mill or mill site, so liable to be injua part of wa red as aforesaid, a part of the water power to be created as compensation aforesaid, as a compensation for the damages sustained by the taking such additional quantity of water from such stream. fer power as a JAMES M. BELL, Speaker of the House of Representatives. SAMUEL R. MILLER, March 3, 1831. Speaker of the Senate. AN ACT prescribing the duties of canal fund commissioners, or their agents, in transfer of Ohio canal stocks, standing in the names of deceased per sons. Sec. 1. Be it enacted by the General Assembly of the State of Ohio canal Ohio, That the commissioners of the canal fund, or their stocks sondagent or agents, duly authorized and constituted by the said ing in the commissioners, are hereby authorized to permit transfers of all, names of des or any Ohio canal stocks, standing in the name of any person sons, how or persons, who have died, or may hereafter die, to be made transferred by the executor or executors, administrator or administrators, of such deceased person or persons; he or they, having first exhibited to the said commissioners, agent or agents, full proof of their representative character, by the exhibition of letters testamentary, or letters of administration, properly authenticated, according to the laws of the State, territory, district or government, where said testator or intestate died, and said letters testamentary or letters of administration, were granted and taken out. JAMES M. BELL, January 31, 1831. AN ACT creating the office of County Surveyor, and defining his duties. Sec. 1. Be it enacted by the General Assembly of the State of County surOhio, That there shall be elected by the qualified electors in veyor to be each organized county within this State, on the second Tuesday elected trien of October next after the term of service of those now in office nially shall expire, and on the second Tuesday of October triennially thereafter, one county surveyor, who shall hold his office for the term of three years, if he so long behave well, and until his successor be elected and qualified; and the clerk of the court of, common pleas shall forthwith certify the result of such election under his official seal, to the governor, who shall thereupon grant a commission to the person so elected. To be com missioned Sec. 2. That no person holding the office of associate judge, Who shall not clerk of the court, sheriff, county treasurer or recorder, shall be be eligible elected to the office of county surveyor: Provided, That each and every county surveyor, who may be in office at the time this act shall take effect, shall continue to do and perform, all and singular, the duties required of him by this act, until his term of office shall expire, and until his successor may be elected and qualified. Sec. 3. That whenever the office of county surveyor shall Court of c. p become vacant, either by death, resignation or otherwise, the to fill vacancourt of common pleas next to be holden for the county where cies |