mencement of such an action, may, by a clause to be inserted therein, direct the officer executing the same to detain such boat or float and the furniture and horses belonging thereto until such action is determined, or until adequate security is given for the payment of any judgment recovered. If such security be given, or the defendant in the action prevail, such court or officer shall order the boat or other float and property detained to be released. If no such security be given, and a judgment be recovered for such penalty or forfeiture, and not immediately paid, an execution shall be issued under which the property so detained may be sold in like manner as if the judgment had been obtained against the owner thereof.

§ 191. When bond must be given to secure detention of boat. Whenever an action shall be brought to recover any penalty imposed by law for taking any rails, boards, planks or staves, from the banks or vicinity of a canal, in which a justice is authorized to direct the detention of any canal boat, he shall not indorse such direction on any warrant, unless a bond, as prescribed in this section, shall be executed and delivered to such justice. Such bond shall be in the penalty of at least one hundred dollars, with one or more sureties, to be approved by such justice, conditioned that such action shall be prosecuted to judgment with all convenient speed, and that if judgment be rendered in favor of the defendant, the obligors will pay the costs and charges which shall be adjudged against the plaintiff, and all damages which may ensue from the detention of such boat and the cargo thereof, and the crew navigating the same.

§ 192. Actions for penalties. All actions for penalties and forfeitures imposed in this chapter, or for damages, in behalf of the state, shall be prosecuted in the name of the people of this state, by such persons and in such manner as the commissioners of the canal fund, in their regulations, direct. All money recovered in such actions shall be accounted for and paid over to such commissioners.

The imposition or recovery of any such penalty or forfeiture shall not be a bar to the recovery of any damages resulting to the state or an individual, because of such violation.

ARTICLE 11

Laws Repealed; When to Take Effect

Section 200. Laws repealed.

201. When to take effect.

§ 200. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed.

§ 201. When to take effect. This chapter shall take effect immediately.

SCHEDULE OF LAWS REPEALED.

Revised Statutes.... Part 1, chapter 9, title 2, sections 10-12. Revised Statutes.... Part 1, chapter 9, title 9,.......... All Revised Statutes.... Part 3, chapter 2, title 4, sections 23, 24.