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CANAL LAW

Laws 1909, Chap. 13.

AN ACT relating to canals, constituting chapter five of the con

solidated laws.

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Became a law February 17, 1909, with the approval of the Governor. Passed

by a two-thirds vote.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAPTER 5 OF THE CONSOLIDATED LAWS

CANAL LAW

Article 1. Short title ($ 1).

2. State canals (S$ 2-5).
3. Canal board (S$ 15–21).
4. Superintendent of public works (8$ 30–48).
5. State engineer; department of canals (S$ 60–69).
6. Appropriation of lands and water (SS 80–88).
7. Surplus water (88 100-111).
8. Highways and bridges (S$ 120–128).
9. Contracts (SS 140–154).
10. Navigation (S$ 170–192).
11. Laws repealed; when to take effect (S$ 200, 201).

ARTICLE 1

Short Title
Section 1. Short title.

§ 1. Short title. This chapter shall be known as the “Canal Law.

ARTICLE 2

State Canals

Section 2. Designation of canals.

3. State dam at Waterloo.
4. Maps and field-notes.
5. Copies of maps and field-notes in county clerk's office,

§ 2. Designation of canals. This chapter applies to the following canals:

1. The Erie canal, connecting the waters of Lake Erie with those of the Hudson rirer.

2. The Champlain canal, connecting the waters of Lake Champlain with those of the Hudson river.

3. The Cayuga and Seneca canal, commencing at Geneva and terminating near Montezuma, connecting the waters of Seneca lake with the Erie canal.

4. The Oswego canal, commencing at Syracuse and terminating at Oswego.

5. The Black River canal and Erie canal feeder, extending from the foot of the high falls in the Black river, in the county of Lewis, to the Erie canal at Rome, with a navigable feeder from the Black river to the summit level near the village of Boonville.

The term “ canal,” as used in this chapter, includes all the side cuts, feeders and other works belonging to the state connected therewith.

§ 3. State dam at Waterloo. . The superintendent of public works is authorized to maintaiu a state dam at Waterloo, at a height not exceeding the height of the original state dam at that place, but so as not to raise the waters of Seneca lake above the natural height of the waters of the lake, but no claim shall be made or allowed for any damages to any property by reason of raising such dam to its original height.

§ 4. Maps and field-notes. There shall be kept on file in the office of the state engineer complete manuscript maps and field-notes of every canal now or hereafter to be built and of all the lands belonging to the state adjacent thereto or connected :herewith, in which the boundaries of every parcel of land to which the state shall have a separate title shall be designated, and the names of the former owners and the date of each title entered. The expense of all such maps and field-notes shall be paid out of the appropriations made for the support and maintenance of the canals. All such maps and field-notes approved by the canal board or superintendent of public works or certified by such board or superintendent or by the state engineer to be correct, shall be presumptive evidence of the truth of the facts therein stated and of the ownership by the state of the lands therein described.

§ 5. Copies of maps and field-notes in county clerk's office. A copy of every map and of all field-books and notes so filed or of such part thereof as relates to the canal lands in any county, certified by the state engineer to be a correct copy thereof, shall be filed in the clerk's office of such county, and shall be evidence with like force and effect as the original maps and field-notes of which it is a copy. Transcripts of a part of any such map or field-notes, certified by the officer having the custody of the original or certified copies from which they are made, to be correct copies thereof, shall be evidence as to the parts contained in such transcripts, with the same force and effect as if the originals were produced.

ARTICLE 3

Y

Canal Board

Section 15. General powers.
16. Power to permit erections for commercial or manu-

facturing purposes.
17. Meetings and publication of minutes of board.
18. Investigation of charges against superintendents of

repairs and other officers of the board.
19. Frauds to be investigated.
20. Witnesses on investigation; expenses.

21. Bureau of canal affairs.
§ 15. General powers. The canal board may:

1. Make, from time to time, rules and regulations, not incon sistent with law, for the transaction of the business of the board, the discharge of its duties, and the conduct of hearings before it.

2. Determine the boundaries of the three divisions of the canals of the state, and change such boundaries when deemed expedient.

3. Determine whether any lands, taken for the purposes of the canals, may be sold beneficially to the state.

4. Determine whether lands, taken for the purposes of the canals, have been abandoned.

5. Investigate all matters and transactions connected with or pertaining to the canals of the state, and take proofs in regard to any matter pending before the board or which it is authorized to examine or investigate.

6. Appoint one or more members of the board a committee to hear any matter pending before it and take proofs in regard thereto and report thereon to the board, with the proofs taken and his or their opinion thereon. Such members shall have the same powers with respect to such hearing as the board would have had if it had been before such board.

7. Grant a rehearing in any case where they are authorized to adjudicate, when, in their judgment, justice may require it, if application in writing be made therefor within sixty days after such hearing or adjudication; but there shall not be more than one rehearing and the decision on any such rehearing shall be final and conclusive.

8. Remit, either absolutely or on such conditions as they prescribe, any forfeiture incurred by a violation of any provision of this chapter, or any of the rules and regulations established by the board or by the superintendent of public works, on the written petition of the person liable for the forfeiture, with due proof of the facts on which the application for the remission is founded, which petition and proofs and the order of the board thereon shall be filed and preserved in the office of the comptroller.

9. Examine and approve or disapprove, by a resolution to be entered upon its minutes, all plans, specifications and estimates transmitted to it by the state engineer, and a certificate of such approval, when given, shall be indorsed by the clerk of said board upon each of such plans.

10. Order the sale for a term of years to the person bidding the highest annual rent therefor of any surplus water which may be spared on any canal or works connected therewith, without injury to the navigation and safety of the canals, when the persons entitled to the first privilege of taking such water do not avail themselves thereof or there is no person so entitled.

§ 16. * Powers to permit erections for cial or manufacturing purposes. The board may grant permission, on such terms and conditions as it deems proper, for the erection of warehouses, mills or other buildings for commercial or manufacturing purposes upon any dam, pier, mole or other work erected by the board or by the superintendent of pullic works in any canal, lake, river or other body of water, and for the use of such an amount of water power created by such dam, pier, mole or other work as may, in the opinion of the board, bt 80 erected and used without injury thereto, and without detriincnt or obstruction to the public use thereof, or to the navigation of such canal, lake, river or other body of water; such permission, except in the case of the pier in the Niagara river at Black Rock, shall be granted only to the owner of the land from which the water to be used flows, or the owner of the land adjoining the river or other stream or water at the place where such dam, mole or other work is erected.

Such permission shall be by resolution of the board, entered at full length in the minutes, including all the terms, conditions and stipulations which the board deems expedient, and a written lease in duplicate shall be executed in conformity to such resolution, by the comptroller, on behalf of the state, and by the lessee; one

* So in original.

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of such duplicates shall be deposited in the office of the comptroller and the other delivered to the lessee.

Every such building shall be erected at such point, on such plan and not exceeding such dimensions as the superintendent of public works specifies, by a minute in writing, recorded at full length in his office, a copy of which, certified by him, with a written assent of the lessee indorsed thereupon or annexed thereto, shall be filed in the office of the comptroller before the delivery of the lease. The board may also with the consent of the superintendent of public works grant permission for the use of any of the state lands adjoining any reservoir or of any island or islands in any reservoir as a public pleasure resort, and for the erection of buildings thereon, upon such terms, conditions, covenants and restrictions as the board may deem proper.

§ 17. Meetings and publication of minutes of board. The assent of four members of the board shall be required for the adoption of all questions or resolutions, involving the expenditure or appropriation of the public moneys, and all such questions or resolutions shall be taken by ayes and noes and entered upon the minutes. The secretary of the board shall cause the minutes of the board to be published in the state paper as soon as may be after each session.

§ 18. Investigation of charges against superintendents of repairs and other officers of the board. When any charges of misconduct, malfeasance or incompetency in office are made against any superintendent of repairs or other officer appointed or employed by the canal board or by the superintendent of public works, the canal board may direct the district attorney of the county where such official misconduct, malfeasance or incompetency is charged to have been committed or exhibited, to conduct an inquiry into the truth of such charges before the county judge of the county, and the same proceedings shall be had thereon as are provided by law in the case of charges made for the removal of a sheriff or county clerk, except that the testi. mony so taken shall be transmitted to the canal board. The necessary expenses of any such inquiry shall be certified by the canal board and paid out of the canal fund.

$ 19. Frauds to be investigated. The superintendent of public works or the state engineer may report to the board any suspected fraud or misconduct on the part of any engineer or assistant, in relation to the public works, and the board may employ such agents and engineers as they deem proper, to aid in the investigation of such charges, and the expenses of such investigation shall be paid out of the canal fund.

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