No. 24. IN SENATE, January 29, 1835. COMMUNICATION Of the Canal Board, respecting the navigation and management of the canals. CANAL ROOM, The Canal Board respectfully represent to the Legislature, that by the existing laws, three distinct boards are authorized, to make regulations respecting the navigation and management of the canals, viz: 1st. The 25th sec. title 9 of chap. 9, authorizes the Canal Commissioners to make rules and regulations in respect to the size and structure of boats, rafts and other floats, and the weighing and inspecting of boats and their lading, and in respect to all matters connected with the navigation of the canals. 2d. The 148th section of the same act authorizes the Commissioners of the Canal Fund to commute for tolls on passengers, and regulations have been adopted by this Board in relation to such commutation. 3d. The 70th section of the law before referred to authorizes the Canal Board, which board is formed by the junction of the two boards referred to above, to fix the rates of toll on the canals, and to prescribe such rules and regulations relative to the collection of tolls, and impose such forfeitures for a breach thereof, not exceeding 25 dollars, as they shall judge reasonable. 4th. The 188th section of the said act authorizes the Commissioners of the Canal Fund, in their regulations, to designate the persons who may prosecute for penalties in behalf of the State, for breaches of the canal law. Under these sections of the law several sets of regulations have been made and published, and each set has necessarily a separate heading and a distinct set of numbers. To remedy this inconvenience it is proposed to give to the Canal Board the power of making all the regulations which are now authorized to be made by the Canal Commissioners, and the Commissioners of the Canal Fund, as distinct boards; or in other words, to enable the members of the Canal Board, as one body, to make all the regulations which the same persons are now authorized to make as members of separate boards. The object is to simplify the canal regulations, for the convenience of those who are to execute as well as those who are to obey them. A copy of the several sets of regu lations, (which are annually published,) is herewith presented, and also a draft of an act to remedy the inconvenience alluded to. Respectfully submitted. A. C. FLAGG, S. YOUNG, JOHN TRACY, JOHN A. DIX, JONAS EARLL, JUNIOR, MICHAEL HOFFMAN. AN ACT In relation to the Canals. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: 1 SECTION 1. All such rules and regulations, in relation to the 2 canals, as are now authorized, by sections twenty-five, one 3 hundred and forty-eight, one hundred and forty-nine and one 4 hundred and eighty-eight, of title nine of chapter nine of the 5 first part of the Revised Statutes, to be made by the Canal 6 Commissioners, or the Commissioners of the Canal Fund, may 7 hereafter be made by the Canal Board, with the like penalties 8 and forfeitures as are now provided in said title. No. 25. IN SENATE, February 2, 1835. REPORT Of the Commissioners under the act authorizing a loan for the benefit of the people of this State. TO THE LEGISLATURE. The Commissioners under the act of the last session entitled An act authorising a loan for the benefit of the people of this State," deem it their duty to communicate to the Legislature the fact, that the law referred to has not been executed, and has consequently expired by its own limitation. The powers vested in the Commissioners ceased on the first instant, and being in their terms discretionary, perhaps it may be expected that their reasons for not executing those powers, and carrying the law into effect should also be communicated. Looking at the message of the Executive recommending the law; the report of the joint committee upon its introduction, and the guarded terms of the law itself, by which the Commissioners were "authorized, if in their opinion the public interest should require it," to direct the issue of six millions of public stock, to be disposed of in the manner designated therein, we could not fail to see that the measure was designed to be precautionary in its nature, and adapted to a state of things not then existing, but which might occur during the recess of the Legislature. It was recommended in the message as a measure intended to "sustain the great interests of the people, if the necessity for it should arise," Senate No. 25.] 1 |