TWENTY-SECOND CONGRESS. Sess. I. Ch. 113. 1832.
523
from on board any boat, scow, or other vessel, or water craft, or placedon either side of the said canal or basins for the purpose of being takentherefrom by any boat, scow, or other vessel, or water craft, wharfage,according to such rates as they, by any by-laws or regulations, may, fromtime to time, ordain and establish: Provided, That the said rates shall, atno time hereafter, and in no particular, exceed those charged on thesame articles by the owners of private wharves in the said city. And itshall and may be lawful for the said mayor, aldermen, and common coun-cil, to demand and receive at the most convenient place, or places, for allarticles carried along the said canal, tolls not exceeding the followingrates, that is to say: for each unloaded boat, scow, or other vessel orwater craft, twenty-five cents; for each barrel of flour, beef, or pork, twocents; for each barrel of whisky, brandy, or spirituous liquors, of anydescription, three cents; for each hogshead or pipe, six cents; and uponall other articles, packages, or commodities, not exceeding six cents foreach ton; and after that rate for any article or quantity weighing lessthan one ton. And said mayor, aldermen, and common council, shallalso have the exclusive right to establish a packet boat or boats on thesaid canal for the conveyance of passengers; and no other boat or boatsfor that purpose, except such as are established or permitted by them,shall be allowed to convey passengers on the said canal for hire.The tolls hereby granted shall be demandable on any boat, scow, ves-sel, or other water-craft, on any of the articles aforesaid for a passagethrough either of the locks, or along any part of the said canal, but thepublic property of the United States shall be landed, and pass free ofwharfage and tolls.
Sec. 5. And be it further enacted, That the said mayor, aldermen, andcommon council, shall, from time to time, erect and keep in repair, allsuch bridge or bridges over the said canal, in each and every streetcrossing the same, as the convenience of the inhabitants of the city mayrequire; which bridges shall be erected at least eight feet above highwater, and of not less width than twenty-four feet, and be safe for thepassage of footmen, horses, cattle, carriages, and loaded wagons.
Sec. 6. And be it further enacted, That the said mayor, aldermen, andcommon council, shall, annually, in the month of January, lay beforeCongress a true statement of the capital invested by them in the pur-chase, completion, and improvement, of the said canal and works, withthe amount of their annual expenditures and receipts, so as to show theclear net profit by them so received on such investment; and if at anytime the net profit shall happen to fall short of six per centum on thesaid capital so invested, it shall be lawful for them to increase the saidrates of toll and wharfage in such manner as they may judge sufficient toproduce six per centum per annum on the said investment; and shouldit so happen at any time that the net proceeds aforesaid shall exceed arate of ten per centum per annum, they shall so reduce the said rates asnot to produce a greater net profit than of the said rates of ten per cen-tum. In estimating the amount of capital invested, the proceeds of saleof the real estate hereby granted to the said mayor, aldermen, and com-mon council, to aid them in the execution of the works hereby required,shall not be included, but the amount of sales of the said property, show-ing what part thereof shall have been sold, and at what price each partof the said property shall have been sold, shall form part of the said an-nual report.
Sec. 7. And be it further enacted, That the said mayor, aldermen, andcommon council, shall not begin to collect wharfage or tolls, until thesaid canal and works shall have been wholly completed according to theprovisions of this act, in the opinion of the Secretary of the Treasuryof the United States for the time being, who is hereby authorized andrequired to give his certificate thereof, whenever, in his opinion, the same
Proviso.
Tolls.
Wharfage.
Exclusive rightto establishpacket boats.
Annual state-ment of costsand profits*
No tolls orwharfage to becollected, tillcompletion ofcanal.