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the Hudson river, in the State of New Jersey, to a point opposite to the entrance of Spuyten Duyvil creek.
6. The several islands in the harbor of New York.
S2. It shall not be lawful to fill in with earth, stone, or Filling in. other solid material in the waters of said port, beyond the bulkhead line or line of solid filling hereby established, nor shall it be lawful to erect any structure exterior to the said bulkhead line, except the sea wall mentioned in the first section of this act, and piers which shall not exceed seventy feet in width respectively, with intervening water spaces of at least one hundred feet, nor shall it be lawful to extend such pier or piers beyond the exterior or pier line, nor beyond, or outside of the said sea wall.
$ 3. It shall be the duty of the said commissioners, within Maps. thirty days from the passage of this act, to verify by their signatures, and to file in the office of the secretary of state, there to remain of record the aforesaid maps, together with a minute written description, by courses and distances, as far as practicable, of the aforesaid lines in front of the cities of New York and Brooklyn, verified in like manner, and file a copy of the description of the said courses and distances in the office of the street commissioner of the city of New York, and the term of the said commissioners is hereby extended to the fifteenth day of May next.
AN ACT to prevent encroachments and obstructions in the harbor of New York, and to authorize their removal, and to correct the harbor commissioners' lines.
PASSED April 27, 1860; three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. It shall not be lawful to obstruct or interrupt the navi- Port and gation of the waters of the port and harbor of New York by New York any incumbrance whatever; and in case of any such obstruc- clear of ob tion or interruption by reason of any sunken vessel or other structions. thing, the board of commissioners of pilots shall notify the owner or owners of such vessel or thing, if such owner or owners are within the city and county of New York, and are known to them, to remove the same within three days after such notice; and in case such owner or owners are not known to the said board of commissioners of pilots, or are not within the said city and county of New York, or fail to comply with such notice, the said board of commissioners of pilots shall cause the said obstructions to be removed, and the expenses of such removal shall be paid by the county within whose
jurisdiction such vessel or thing shall be, and shall be recoverable from the owner or owners of such vessel or thing, by and in the name of the board of supervisors of such county; such expenses shall also be a lien on the vessel or thing so removed, until paid.
Piers, bulkheads or
$ 2. It shall not be lawful for any person to build, crect or other struc- maintain any pier, bulkhead, or other structure, or to fill in not be built with earth or other material, in the waters of the harbor of
to remain beyond cer tain limits.
Line of balkhead and pier.
New York, beyond the exterior line defined and recommended by the commissioners for the preservation of the harbor of New York, and established in and by chapter seven hundred and sixty-three, of the Session Laws of eighteen hundred and fifty-seven; and in case of the building or erection of any such pier, bulkhead or other structure, or of maintaining of any such pier, bulkhead or other structure, whether now existing or hereafter erected, the board of commissioners of pilots shall notify the person or persons building, erecting or maintaining the same, within a time to be prescribed and specified in their notice; and in case of failure to comply with such notice, the said board of commissioners of pilots shall have the power to cause so much of such pier, bulkhead or structure, as is beyond the exterior line so defined and established, to be forthwith removed, and the person or persons who built or maintained the same shall be liable to pay all expenses of such removal, to be recoverable by and in the name of the board of commissioners of pilots, and shall also pay a fine of twenty-five dollars a day, for each and every day during which such obstruction shall remain after such notice, and until such pier, bulkhead or other encroachment shall have been removed, as herein provided. This section shall not apply to piers or bulkheads built before the establishment of said exterior line. 31 Y. N., 265.
3. The act entitled "An act to establish bulkhead and pier lines for the port of New York," passed April seventeenth, eighteen hundred and fifty-seven, is hereby amended so as to read as follows:
The said bulkhead and pier line shall be altered so as to read as follows: Beginning at an angle in the exterior water line, of land under water, granted to Gouverneur Morris, of Morrisania, in the county of Westchester, by the commissioners of the land office of this state, which angle in said line is distant five hundred and thirty feet southeasterly at right angles from a projection northeasterly of the southeasterly side of First avenue, in the village of Port Morris, and distant three hundred and forty-two feet northeasterly from a projec tion southeasterly of the northeasterly side of First street, in said village; thence running northeasterly, on a curve, nearly parallel to the said bulkhead and pier line, ten hundred feet, to a point in the East river, which is distant one hundred feet outside of low water mark, opposite a point of rocks east of Port Morris; thence running northeasterly parallel to the
said bulkhead and pier line, seven hundred feet; thence north- CHAP. XX. easterly in a straight line, eleven hundred feet more or less, to a point in the said bulkhead and pier line which is in front of a point of rocks projecting into the river next westerly of Rutger's Point, as the same is laid down on the Harbor Commissioners' map, now on file in the office of the Secretary of State.
AN ACT concerning the pilots of the channel of the East river, commonly called Hellgate.
PASSED April 15, 1847.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$1. There shall be appointed, in manner hereinafter di- Pilots to be rected, fit and proper persons to act as pilots, for the safe appointed. pilotage of vessels through the channel of the East river, commonly called Hellgate, who shall be known as Hellgate pilots and hold their offices during good behavior; and all those who are now pilots by the way of Hellgate, shall be considered as pilots under this act.
$2. All pilots hereafter to be appointed, shall be appointed To be com by the governor, by and with the consent of the senate, and missioned shall be commissioned by the governor, in like manner as all mendation other persons appointed to office by him with the consent of the senate. It shall be the duty of the board of wardens of the port of New York, to recommend such suitable and experienced persons to act as such pilots, as shall apply for such recommendation, and to make a list of the person or persons so recommended; which list shall be transmitted to the governor of the state, whose duty it shall be to present the same to the senate, for their confirmation or rejection. And in making the selection of names for said list, they shall be chosen first from those now acting as deputy pilots; and secondly from those now acting as apprentices, who have served the time required by their indentures of apprenticeship, and who have passed or shall pass the necessary examination, and shall have acted for two years as deputy pilots; and thirdly from those who are now apprenticed, after they shall have served the time required by their indentures, passed the requisite examination, and acted for two years as deputy pilots.
ces and de
All apprentices shall hereafter serve as such for the period Apprent!of three years, and until they attain the age of twenty-one puty pilots. years, and shall act two years in addition as deputy pilots after that period, and after they have passed the requisite examination, and received from the board of wardens a certifi
Wardens to establish rules.
cate entitling them to serve as such deputy pilots; all apprentices shall hereafter be examined twice during the last year of their apprenticeship, before the board of wardens of the port of New York, whose duty it shall be to examine said apprentices, in the presence of at least two of the Hellgate pilots, who shall be invited to attend at, and assist in said examination; and the indentures of all apprentices under this act, shall be filed in the office of the board of wardens, within ten days after the same shall have been executed.
$ 3. The board of wardens of the port of New York, shall have power and authority, to make and establish such rules, orders and regulations, not inconsistent with the constitution and laws of this state, or of the United States, or of the provisions of this act, for the better government of said pilots; and with such fines and penalties for the breach thereof, as the said board of wardens may from time to time direct; and to revoke, annul or alter the same as often as they may deem proper and expedient. Said board of wardens shall have such rules, orders and regulations entered at length upon the minutes of said board, and shall furnish to each of said pilots a copy of said rules, orders and regulations, and shall furnish each of said pilots with a copy of any additional rule, order or regulation, or of any abrogation, alteration or amendment thereof.
To have cog. $ 4. Said board of wardens shall have cognizance of all complaints. complaints made against any or either of said pilots, for official misconduct. Upon the reception of any complaint as aforesaid, against either of said pilots, it shall be the duty of said board of wardens, to furnish the pilot complained of with a copy in writing, of said cause of complaint; which copy shall contain, as near as may be, a full specification of the charges preferred against said pilot, with a notice affixed thereto, of the time (not less than six days) and place, when they, the said board of wardens, may or shall require said pilot to appear before said board, to answer the charges made against him; but no charges shall be received, unless the same is verified by the oath of the person preferring the same. Upon said pilot appearing before the board of wardens, it shall be their duty to take testimony and to examine into the facts and circumstances of the case, and if after a full hearing of the case, and of competent proof, tending to establish said charge, a majority of the whole board of wardens shall deem said pilot guilty of official misconduct, they the said board of wardens, shall have full power and authority to suspend said pilot. It shall be the duty of said board of wardens, to transmit to the governer of this state, within ten days after such suspension, a full account of their proceedings in the premises, with a copy of the complaint and specifications, and also a copy of the testimony taken in the case. It shall be the duty of the governor, upon a review of the whole matter, either to remove the said pilot from office, or to annul or confirm his
suspension, as to him shall appear just and proper to the
$5. It shall be the duty of the said pilots to keep two or Pilots to more good and sufficient deck boats, of not less than twenty or more tons burthen, on the East river, and no more than seven pilots shall be interested in one deck boat, and no apprentice shall be taken by the said Hellgate pilots, but in the said deck boats, and no person who is not a regularly licensed Hellgate pilot shall own any part of any boat engaged in the said pilot business, under pain of a forfeiture of such parts or shares owned by him, to be sued for and recovered by the said board of wardeus; and all deck boats belonging to said Hellgate pilots, shall be registered in the office of the said board of wardens.
56. Any of the said Hellgate pilots who shall pilot any Fees of vessel through the channel of the East river, commonly called Hellgate, may demand and receive from the master, owner, consignee or agent of said vessel the following fees of pilotage, to wit: For every sloop and fore and aft schooner, one dollar and twenty-five cents for every foot of water such vessel may draw. For every square topsail and staysail schooner, one dollar and seventy-five cents for every foot of water such vessel may draw. For every hermaphrodite brig, brigantine and full-rigged brig, one dollar and seventy-five cents for every foot of water said vessel may draw. For every ship and bark of one thousand tons burthen and under, two dollars for every foot of water such vessel may draw. And when over one thousand and not exceeding one thousand five hundred tons burthen, two dollars and twenty-five cents for every foot of water such vessel may draw. And when over one thousand five hundred tons burthen, two dollars and fifty cents for every foot of water such vessel may draw. Any pilot who shall perform any additional pilotage besides that of piloting through the channel of the East river, commonly called Hellgate, and pilot the said vessel to Execution rocks or Sands Point light-house, in Long Island Sound, outward bonnd, or shall board any vessel at or to the eastward of Execution rocks or Sands Point light-house, in Long Island sound, on her inward passage through Hellgate, shall be entitled to an additional compensation of seventy-five cents per foot for every foot of water such vessel may draw. And any pilot who shall pilot a vessel inward by the way of Hellgate, shall be entitled to a preference in the piloting of the said vessel outward bound, providing the said voyage be by the way of Hellgate. And, further, from the first day of November to the first day Fres of of April in every year, every such Hellgate branch pilot shall pilots. be entitled to demand and receive for every ship, bark, brig, square topsail and staysail schooner, the sum of three dollars; and for every fore and aft-schooner and sloop the sum of two dollars, in addition to the rates of compensation for pilotage