A collector of tolls on a canal may detain a boat and cause the goods, wares and merchandise laden on board to be weighed; and if it is found that the loading is greater than the quantity stated in the certificate, the master of the boat, in addition to the penalty hereinbefore provided, shall pay the costs and charges of unloading, weighing and reloading such goods, wares or merchandise; otherwise the proprietors of the canal shall pay all such costs and charges, and be liable in tort for all damages caused by such detention.
Mass. Gen. Laws ch. 88, § 11