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§ 598. Every master, owner or navigator of any float refusing to conform to such determination, or detaining or unnecessarily hindering the passage of any float through a lock, in violation of any provision of the two preceding sections, is liable to a penalty of twenty-five dollars for each offense.

1 R. S., 512, § 253.

Penalty.

poles.

§ 599. No person navigating any of the canals Setting shall use therein any setting pole or shaft, pointed with iron or any other metal, under penalty of twenty-five dollars for each offense.

Ib., § 254.

the bow.

§ 600. No covered or decked boat shall navigate Knife on any canal without a sharp metallic instrument, so affixed upon the bow as to cut apart any tow rope which otherwise might pass over such bow, under penalty of twenty-five dollars for each offense, to be imposed on the owner or master.

Ib., §§ 255, 256.

§ 601. Every person who obstructs the navigation of any canal by the improper conduct of any boat or floating thing, or by sinking anything to the bottom, or by placing any obstruction on either path, is liable to a penalty of twenty-five dollars for each offense.

Ib., §§ 257, 258.

Obstruc

tions.

found to be sold.

§ 602. It is the duty of every canal officer or Articles agent employed on any of the canals, to seize sunken or floating boats and other things found

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in a canal, or any article found on the tow-path, not in charge of any person; and, after giving ten days' written notice of sale at two public places nearest the place of finding, unless the owner claims the same and pays the cost of seizure and removal, to sell the same by public auction.

1 R. S., 512, §§ 259,260.

§ 603. The officer, if not a collector, shall account for the same to the nearest collector. The collector receiving such account or making such sale shall account for the same to the commissioners of the canal fund. The commissioners may, after they have received the same, upon application of the owners and due proof of ownership, pay the same over, deducting the penalty and all costs and reasonable charges.

Ib., 513, §§ 261, 262.

§ 604. If any person on a boat takes, without right, any rails, boards, planks or staves, fire-wood or fencing-posts. from the banks or vicinity of the canal, the master shall forfeit to the owner treble their value; and the possession of such property on board the boat shall be presumptive evidence of such taking. The person taking such property shall forfeit twenty-five dollars to any person who will prosecute therefor.

Ib., §§ 263, 264.

§ 605. Every penalty and forfeiture which, by this chapter, is recoverable against the owner,

master, boatman, navigator or other person in charge of any boat or float, is chargeable on such boat or float, and an action for it may be brought against any person having possession or charge of the same at the time of commencing the suit.

1 R. S., 513, § 265.

be detained.

606. In any action, for such penalty or for- Bat may feiture, the magistrate issuing the process may therein direct the officer executing it to detain the boat or float, its furniture and horses, until the suit is determined or adequate security given for payment of any judgment that any judgment that may be recovered. Ib., § 266.

or selling

same.

§ 607. If such security is given, or the defend- Releasing ant prevail, the same shall be released. Otherwise, if judgment is recovered and is not immediately paid, with costs, an execution shall be issued, under which the same may be sold as if the judgment had been obtained against the owner.

Ib., § 267.

actions Reference

§ 608. Other provisions, applicable to for such penalties, are contained in the "Fiscal

Laws."

to fiscal laws.

CHAPTER V.

TURNPIKES AND PLANKROADS.

ARTICLE I. Construction of turnpikes and plankroads.

II. Use of turnpikes and plankroads, and obstructions thereon.
III. Inspection and repairs.

Application by corpora tion for

leave to construct.

ARTICLE I.

CONSTRUCTION OF TURNPIKES AND PLANKROADS.

SECTION 609. Application by corporation for leave to construct.
610. Special meeting of supervisors.

611. The hearing on the application.

612. Action of the supervisors.

613. Road extending into several counties.

614. Laying out of the road.

615. Compensation of the commissioners.

616. Branches and extensions.

617. Acquiring lands by grant.

618. Appropriation of damages for highway taken.

619. Application, when unnecessary.

620. Acquiring right of way.

621. Taking possession.

622. Orchards and gardens.

623. Streams.

624. Plankroads on turnpike roads.

625. Restriction on contracts for construction.

626. Quality of road.

627. Mile-stones.

628. Guide-posts.

629. Inspection.

630. Erection of gates.

631. Changing location of gates.

632. Appeal.

633. Abandonment of road.

609. Any turnpike or plankroad company, before constructing a road through any part of any county, if they have not, as provided in section 619, acquired all necessary lands within such county, shall publish a notice in at least

three of the public newspapers printed in the county (and if there are not three therein, then in that, and adjoining counties), once in each week for six weeks successively, specifying the character of the road, each town, city and village through which it is proposed to construct it, and the time when the application hereinafter required will be made. After such notice, it shall apply to the board of supervisors of the county, at any meeting specified in the notice, for authority to take the necessary land and construct the road. The application shall specify the route and character of the road.

1 R. S., 1096, § 63.

§ 610. If the applicant desires a special meeting for the purpose, any three supervisors may fix the time therefor, and at least twenty days' notice thereof shall be served on each of the others, either personally, or, in his absence, by leaving it at his residence. The expenses of the meeting thus called, and of serving the notices, shall be paid by the applicant.

Ib., § 64.

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on the application.

§ 611. On the hearing of the application, all The hearing residents of the county, and all persons interested in the application, may appear and be heard. The board may take testimony or authorize it to be taken by any judicial officer of the county; and it may adjourn the hearing from time to time.

Ib., § 65.

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