PART I. Clerks may take affidavits, &c. Rev. Stat. extended. such report shall be made, and the said commissioners shall also report to said boards the whole amount of fines or penalties received by them in their official capacity from any and every person for any violation of the act entitled "An act to suppress intemperance, pauperism and crime," passed April sixteenth, eighteen hundred and fifty-seven, and in case said commissioners or either of them shall neglect or refuse to report as aforesaid, he or they shall forfeit and pay one hundred dollars for every such neglect or refusal, to the use of the people of the county in which he or they may reside. §4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. CHAP. 161. AN ACT to authorize clerks of boards of Excise to take affidavits and acknowledgments in certain cases. PASSED April 8, 1862. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The clerks of the several boards of Excise in this state, shall have the same power to take affidavits and acknowledgments of any instruments to be used before such boards, as justices of the peace; but they shall receive no fees for the same. CHAP. 314. AN ACT concerning Vessels lying in the Bay and Harbor of New York The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The provisions of section tenth, Title tenth, Chapter twentieth of the First Part of the Revised Statutes, shall extend to the harbour of New York, embracing the Bay as far as the village of Castleton, on Staten Island, and thence up the east river as far as the south point of . Blackwell's Island. Ante, vol. 1, 638. CHAP. 139. AN ACT in relation to vessels lying at anchor in the Hudson river and Lake Champlain. PASSED May 6, 1839. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. In addition to the penalty imposed by section twelve of chapter twentieth of title ten of the first part of the Revised Statutes, it shall not be lawful for the master or owner of any vessel offending against the provisions of the said section to recover damages for any injuries such vessel may sustain in consequence of any collision growing out of a non-compliance with the provisions of the section aforesaid. CHAP. XX. CHAP. 153. AN ACT concerning vessels navigating the Niagara river, PASSED April 4, 1837. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Light to be vessels at the night. put up by anchor in $1. The provisions of section twelfth, title tenth, chapter twentieth of the first part of the Revised Statutes, shall extend to the harbors and ports on Lake Ontario, and the rivers Niagara and St. Lawrence, within the jurisdiction of this state. $2. Whenever any schooner, sloop or other vessel, shall be navigating any part of Lake Ontario, or the rivers Niagara By vessels and St. Lawrence, within the jurisdiction of this state, in the the night. night time, the master of such schooner, sloop or other vessel, shall cause a good and sufficient light to be shown in some part of her rigging, at least twenty feet above her deck and from the taffril. sailing in $3. The provisions of sections ninth and tenth of title Penalty. tenth, chapter twentieth of the first part of the Revised Statutes, shall extend and apply to every violation of the provisions of the preceding section. CHAP. 112. AN ACT to protect Hudson and Poughkeepsie from fires from steamboats. PASSED March 29, 1839. The People of the State of New York, represented in Senate and Assembly, do enact as follows: steamboat $1. It shall be the duty of every captain or other person Duty of having charge of a steamboat navigating the Hudson river, commandand of every engineer and fireman thereof, to cause the ers.. dampers in the pipes or chimneys of said boats to be closed, or in some other manner to prevent the escape of sparks and coals from said chimneys or pipes while passing through the eastern side of said river, opposite to or in front of the city of Hudson and village of Poughkeepsie, and while landing passengers or freight, and while lying at the docks or wharves of said city or village. neglect. $2. Every such captain or other person having charge of Penalty for such steamboat, and every engineer and fireman thereof, who shall violate the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine, not exceeding one hundred dollars, or by imprisonment, PART I Liability of owners. Penalty for boat racing and creating an un ty of steam. not exceeding three months, or by both such fine and imprisonment. $3. Every such person as aforesaid, and the owner or owners of such steamboats, shall be jointly and severally liable for all damages by fire occasioned by such violation. CHAP. 175. AN ACT to regulate the speed of steamboats. PASSED April 15, 1839. The People of the State of New York, represented in Senate and Assembly, do enact as follows: [Sections 1 and 2 repealed by Laws of 1844, ch. 248.] Post, p. 60. S3. If the captain or any other person having charge of any steamboat navigating any waters, within the jurisdiction due quanti. of this state, and used for the conveyance of passengers, or if the engineer or other person having charge of the boiler of such boat, or of any other apparatus for the generation of steam, shall, for the purpose of excelling any other boat in speed or for the purpose of increasing the speed of such boat, create or allow to be created an undue or an unsafe quantity of steam, every such captain, engineer, or other person shall be deemed guilty of a misdemeanor, and shall also for every such offence forfeit the sum of five hundred dollars, to be sued for, in the name of the people, by the district attorney of any county of this state, to whom notice shall first be given of such offence; the penalty, when recovered, shall be paid as follows: fifty dollars to the informer, and the residue into the county treasury of the county for which such district attorney shall have been appointed, for the use of the poor of the county, except that the court in which the recovery shall be had may order such portion thereof, not exceeding fifty dollars, as it shall deem just, to be paid to the district attorney, by whom the suit shall have been prosecuted as a compensation for his services, beyond the taxable costs to be recovered by him. When penalties to be of owners of boats. S4. If any penalty incurred by any captain or master of recovered any steamboat, or by any person having charge thereof, or by any engineer or other person having charge of the boiler of such boat, or of any other apparatus for the generation of steam, and the penalties of this act cannot be collected of them by a due course of law, the same may be recovered in like manner as against them, of the owners of the boat in whose employ they were at the time such offence was committed, jointly and severally, as if such owners were sureties of such captains, master, engineer or other person. Certain sections of this act to be posted in $ 5. It shall be the duty of the master of every steamboat navigating the waters of this state, to keep a copy of the third, fourth and fifth sections of this act posted in a conspi CHAP. XX. cuous place in such boat, for the inspection of all persons on steamboard the same; and in case of a neglect to comply with this boats. provision, he shall be liable to the penalty inflicted by the fourteenth section of title ten, of chapter twenty of the first part of the Revised Statutes, to be sued for and applied in the manner prescribed in such section. CHAP. 65. AN ACT to regulate the floating of rafts on the Hudson river. PASSED March 20, 1841. The People of the State of New York, represented in Senato and Assembly, do enact as follows: to be shown $1. All rafts of timber or lumber which shall be floated on Feathta the Hudson river at night shall show two red lights, one on on rafts. each end of such raft; the height of such light shall not be less than ten feet from the upper logs or plank of said raft. neglect. § 2. The penalty for violating the foregoing section shail be Penalty for the same as is provided for in section twelfth, Title ten, Chapter twenty, Part First of the Revised Statutes, and shall be sued for and recovered in the manner therein provided. CHAP. 248. AN ACT to regulate the speed of steamboats, navigating the Hudson river. PASSED May 2, 1844. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. No steamboat navigating the Hudson river, shall pro- Restriction ceed or be propelled with greater speed that at the rate of six miles an hour, while such boat is passing any part of the public works constructing in said river, during the time the said public works are under construction by the government of the United States, for the improvement of the navigation thereof south of the city of Albany, and between the said city of Albany and the city of Troy. And no steamboat navigating said river, shall pass that part of said river opposite the docks, piers or wharves in the city of Albany with greater speed than at the rate of six miles an hour. 1 H., 469. 2. If any master of any steamboat, or any person having Penalty. the charge or command of any steamboat, shall violate, or cause or permit to be violated, the provisions of the preceding section of this act, he shall, for every such offence, forfeit the sum of one hundred dollars, to be sued for in the name PART I. Repeal. To keep the centre of the river Penalty for violation. Steam ferry boats to be provided boats. of the people, by the district attorney of any county bordering on the waters of that part of the said river on which the offence shall have been committed, to whom notice shall first be given of the commission of such offence. The penalty, when recovered, shall be paid into the county treasury of the county for which such district attorney shall have been appointed, for the use of the poor of the county. $3. The first and second sections of the act entitled "An act to regulate the speed of steamboats," passed April 15, 1839, are hereby repealed. Ante, p. 58. CHAP. 321. AN ACT in relation to the navigation of the East river by steamboats. PASSED April 12, 1848. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. All the steamboats passing up and down the East river, between the battery at the southern extremity of the city of New York and Blackwell's Island, shall be navigated as near as possible in the centre of the river, except in going into or out of the usual berth or landing place of such steamboat, and shall not be propelled at a greater rate of speed than ten miles an hour. S2. The master, pilot or engineer of any steamboat violating either of the provisions of the foregoing section, shall be deemed guilty of a misdemeanor, and in addition thereto, the master, pilot and engineer of such steamboat, shall respectively be liable to the penalty prescribed in section nine, title ten, chapter twenty of the First Part of the Revised Statutes, to be sued for and applied as therein directed. CHAP. 411. AN ACT requiring Steamboats or vessels propelled or driven by steam to carry small boats for the protection of life in case of accident. PASSED April 11, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Every ferry boat driven or propelled by fire or steam navigating any of the waters of this state, shall be provided with small with at least one small row or life boat, at least fifteen feet in length, attached to the ferry boat in such a manner that it can be launched into the water for immediate use in case of need, or in case of accident. |