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TITLE 10. at Geddes, to supply the works erected or to be erected, pursuant to law, on the canal.

Water from canal.

Additional machinery.

Accounts to

be audited and paid.

Lands may

be taken.

be paid.

$ 48. The water so to be taken from the canal, shall be used for no other purpose than for pumping salt water; and may at any time be taken, lessened or stopped by the canal commissioners, or by the superintendent himself, whenever the same may in their opinion be necessary for the use of the locks on the canal, or for the pumps at Salina.

$ 49. He shall, from time to time, erect such additional pumps, reservoirs, conduits and machinery, as he may think needful and proper, the better to supply the manufactories of salt with the best and greatest quantity of salt water, and shall keep the same and all other works belonging to the state, under his charge, in complete repair; and he shall have power to employ competent workmen to conduct such improvements, erections and repairs.

$ 50. All accounts which may at any time be due and owing to any person, for digging wells, erecting, repairing or attending pumps, reservoirs, conduits, pipes, pump-houses, or machinery of any kind, shall be audited and allowed by the inspector, and paid by the superintendent, on the order of the inspector.

$51. The superintendent shall have power to take possession of, and occupy, such lands, and tenements of any person, or such spring or well, of salt water in possession of any person by virtue of any lease thereof, heretofore given, or hereafter to be given, under any law of this state, as may be necessary for the erection of any reservoirs, aqueducts, pumps, pump-houses or other buildings therewith connected, or for furnishing the necessary supply of salt water, as directed by this Title.

Damages to $52. The proprietor of any property so taken, shall be paid the reasonable value thereof, to be fixed by agreement between such proprietor and the superintendent. If no such agreement shall be made, such value shall be ascertained by the appraisement of three commissioners, to be appointed by the circuit judge of the seventh circuit, on the application of either party.

Ib.

Water from canal.

$53. The superintendent shall pay the amount of damages so agreed or awarded to be paid, and the expenses of the appraisers, if any be employed, out of any monies in his hands belonging to the state, and charge the same in his account.

$54. The superintendent shall take from the Erie canal on the Salina level, so much of the surplus waters thereof, as may be necessary to drive all the pumps and machinery belonging to the state, in the town of Salina; and it shall be the duty of the canal commissioner superintending that section of the canal, to pass so much water

from the Rome level and from the level next west of Syracuse, into ART. 3. the Salina level, both in summer and winter, as shall be sufficient for that purpose, provided the navigation of the canal be not thereby impeded.

commission-

ers.

$55. The canal commissioners shall, during the season when the Duty of canal navigation of the canal is interrupted by ice, keep always open on the Rome level, and on the level next west of Syracuse, a sufficient number of feeders, to supply such pumps and machinery, and to prevent a failure of water on the Salina level, in a dry season.

IV. Duties, &c. of the Inspector.

$56. It shall be the duty of the inspector, either in person, or by General duty. his deputies, carefully to examine and inspect, in the manner hereinafter provided, the several salt manufactories in the town of Salina, and the salt there manufactured.

ufactories.

$57. The inspector shall keep on file, in each of the offices of the Lists of mansuperintendent and inspector, in each of the villages, a list of all the salt manufactories in the town of Salina, describing them with reasonable certainty, inserting the name of the place or village where each manufactory is situated, the number of the lot on which the same is situated in such village, if it be known by any number, the local situation of the same, the name of the owner, and whether the same be a manufactory of coarse or fine salt, and any other distinguishing mark of description, by which it may be generally known and understood.

ries how num

$58. Each of the manufactories shall be numbered on said list, Manufactocommencing at number one, and proceeding in regular numerical suc- bered. cession, according to the contiguity of the manufactories, until the whole number of manufactories shall be included; and as often as any additional manufactory shall be erected, the same shall be described and added by its number, to such numerical list.

of inspector.

$ 59. It shall be the duty of the inspector, or one of his deputies, Daily visits in each of the villages, to visit once in each day, Sundays excepted, the several salt manufactories in or near such village, and which may be under the particular charge of such inspector or deputy, and to ascertain if there be therein any salt of a bad quality, and such as ought not to pass inspection.

$ 60. If he shall at any time discover any salt of a bad quality, Bad salt. and which ought not to pass inspection, he shall order the person having charge of the same, if present, forthwith to dissolve it.

$61. If no person be present, having charge of such salt, or if on giving such order, it shall not be forthwith dissolved, the inspector shall destroy the same, and he may also destroy the cask or vessel in which it is contained.

TITLE 10. $ 62. No inspector, or deputy-inspector, shall be allowed to receive any duties on salt, or be appointed or deputed to perform any duties, pertaining to the receipt of the public monies, in the town of Salina.

Prohibition.

Compensa

tion.

Accounts.

$ 63. The inspector of salt shall be paid at the end of each month, by the superintendent, for all salt inspected by him or his deputies, during such month, at the rate of three mills per bushel, for the salt so inspected, which shall be deemed a full compensation, for all the services required to be performed by such inspector.

$ 64. The account of such inspector, together with the bills of inspection, as vouchers for the amount thereof, shall, on the last Monday in every month, be delivered to the superintendent; and at the same time the original books of entries of such inspector, shall be produced and exhibited to the superintendent, who shall audit and allow the amount which shall appear to be due, and pay the same from any monies in his hands, belonging to the state.

ARTICLE FOURTH.

Regulations and Penalties concerning the Use of Salt Water, and the Manufacturing of Salt.

SEC. 65. Salt manufacturers at Salina to pay two mills a bushel for the use of salt water. 66. Inspectors to keep account of the number of bushels inspected.

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67. From such account amount due from manufacturer to be ascertained; amount due to be paid in two days after ascertained.

68. If not paid, superintendent to distrain upon and sell property in factory.

69. To give six days notice of sale.

70. In case of deficiency of water, manufacturers may sink additional wells.

71. Manufacturers so doing, not to pay duty of two mills.

72. Owners of manufactories may convey water to them through the lands of any individual or company.

73. Penalty for wilful injuries to any conduits, &c. through which the same may be
conveyed.

74. Nothing to be put into the salt water, but what is allowed by regulations, &c.
75. Each manufacturer to keep one bittern-pan to each kettle used in making salt.
76. Manner of using such pans to be prescribed in general rules and regulations.
77. Penalty for not providing such pans, and for not complying with rules, &c. referred

to in last section.

78. Inspector and his deputies to see whether pans are supplied.

79. They are to examine as to waste of water by leaks, &c. and if any found, to order them stopped.

30. If order not complied with, communication between manufactory and reservoir to be stopped.

81. $100 penalty for opening communication after stopped.

82. Inspector and his deputies to examine main conduits, &c.

83. In case any leak, &c. found, communication with reservoir stopped until waste prevented.

84. $100 penalty for opening communication after stopped.

85. Manufacturers of fine salt to have two cisterns attached to manufactory.

86. If not provided, manufacturer not to receive water from state reservoirs.

87. For what acts of owner, operations of manufactory may be suspended.

88. Penalty for putting it in operation during period of suspension.

89. Fine salt manufactories not to be erected, but upon that part of reservation already appropriated.

90. Persons desirous to engage in the manufacturing of coarse salt, may be incorpora

ted.

SEC. 91. Individuals or companies intending to erect works for the manufacturing of coarse salt, to apply to the commissioners of land-office.

92. Application to be on oath.

93. Commissioners to set apart lands.

94. Time within which works must be erected.

95. Case in which commissioners may again set apart such lands.

96. Individuals or companies may erect coarse salt works on their own lands.

97. Covenant to be entered into by such persons.

98. Persons owning land on the lateral canal, may lay out same into manufacturing lots,
and erect manufactories.

99. Dimensions of such manufactories.

100. Persons burning or destroying any manufactory, &c. to be deemed guilty of felony.

ART. 4.

salt water.

$65. Every manufacturer of salt in the town of Salina, who shall Charge for receive his supply of salt water from the reservoirs supplied by the pumps belonging to the state, shall pay therefor to the superintendent, two mills on each bushel of salt manufactured by him.

ascertained.

$66. For the purpose of ascertaining the amount due for the use Amount how of such water, the inspector shall, on the first Monday of January, April, July and October, in each year, make out an account, containing the number of bushels of salt, which shall have been inspected as manufactured at each manufactory, during the quarter immediately preceding, describing the manufactory by its number, and shall deliver a copy thereof to the superintendent.

$67. From such account, the superintendent and inspector shall n ascertain the amount due from each manufacturer, for the use of salt water, by charging two mills a bushel for all salt inspected from such manufactory; and it shall be the duty of every such manufacturer, within two days thereafter, to pay to the superintendent, or to one of his deputies, at the superintendent's office, in the village nearest to such manufactory, the amount so charged for the use of such salt

water.

in case of de

ment.

§ 68. In default of such payment, it shall be the duty of the super- Proceedings intendent, to enter the manufactory, on which the sums so charged fault of pay shall not have been paid, and to distrain upon the kettles, pans, or other implements for manufacturing salt, and upon any other property found upon the lot belonging to such manufactory, and to sell the same by public auction, to satisfy the sum so charged, with the addition of twenty-five per cent., which shall be taken as a full indemnity for the expenses of such distress and sale.

$ 69. The superintendent shall give at least six days' notice of the It. time and place of such sale, by putting up an advertisement in three of the most public places in the village, where or nearest to which, the same shall be sold.

facturers may

$70. In case there shall at any time be a deficiency of salt water When maņuin the state reservoirs, to supply all the manufactories of salt with sink wells salt water, the superintendent may permit any individual, or company of manufacturers, at their own expense, to sink any additional

TITLE 10. wells for their own use, at such place as the superintendent shall designate, and to pump salt water for their own use, and to erect such reservoirs as may be necessary, at their own expense.

Ib.

Aqueducts

and conduits.

Penalty for injuring

them.

Penalty for adulterating salt water.

Bittern pans.

How used.

Penalty if

bittern pans

$71. The manufacturers so pumping salt water for their own use, shall not be liable to pay the duty of two mills on the bushel, to the state, as prescribed in the sixty-fifth section of this Title,

$72. For the purpose of carrying the salt water from the state reservoirs to any salt manufactory, now erected, or hereafter to be erected, agreeably to the provisions of this Title, the owner of such manufactory may enter upon the lands of any individual or company, and may carry the water across the same, by suitable and proper aqueducts or conduits, paying to the owner of any such lands, the damages which he may sustain thereby, to be appraised by the superintendent and inspector.

$73. If any person shall wilfully injure any such aqueduct, by cutting, boring, or otherwise, or shall remove or displace any log, or penstock, plug, gate, trough, or spout, belonging to any such aqueducts, or conduits; or shall wilfully injure any cistern, reservoir, receiver, vat, or trough, belonging to any salt manufactory; he shall be deemed guilty of a misdemeanor, and on conviction, shall be fined the sum of fifty dollars; and he may also be sentenced to imprisonment for a term not exceeding three months. The injured party shall also be entitled to recover treble damages and costs, in a civil action against such person.

$74. No manufacturer of salt shall be allowed to put any article or ingredient into the salt water, either when in his cisterns, or whilst evaporating, other than such as shall, from time to time, be allowed and approved of by the superintendent and inspector, in the general rules and regulations which they shall adopt in relation thereto; and every person offending against any such rule or regulation, shall, for every such offence, forfeit the sum of fifty dollars.

$75. Each manufacturer shall keep one good bittern-pan, for each kettle or pan which he shall employ in the manufacturing of salt, for the purpose of removing the feculent matter during the process of making salt.

$76. It shall be the duty of the superintendent and inspector, in the general rules and regulations which they shall adopt, to regulate the manner of using such pans, and of removing the impurities contained in the salt water, during the process of manufacturing the same into salt, and the manner of cleansing the kettles and pans.

$77. Every manufacturer who shall neglect to provide the full not provided number of bittern-pans above required, shall, for each day's neglect, forfeit the sum of twenty-five cents for each pan which he shall so

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