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CHAP. XX

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manent erection or obstructions made contrary to any such order, may be removed and abated by the said commissioners.

$ 3. The said commissioners shall take and file in the office Oath of of secretary of state, the oath of office prescribed in the constitution, before entering on the duties of their appointment. They sball not be or become interested, directly or indirectly, in any water rights, or rights to occupy land under water in the said harbor, nor in any real estate that can in any way be benefited or affected by the establishment of the said exterior lines, or by any measures they may recommend. And on proof being made to the governor of any of said commissioners being so interested, and upon a hearing of the party so charged, he may be removed from office by the governor.

S 4. Any vacancies in the board of commissioners, caused Vacancies. by removal, resignation, refusal to serve, or otherwise, shall be filled by the appointment of the governor of a citizen not interested as aforesaid.

S 5. The acts of a majority of the board of commissioners, Quorum. at any meeting of the whole number, or at any meeting of four menibers held pursuant to adjournment, shall be deemed to be the acts of the board, and shall be deemed valid as such.

$ 6. The said commissioners may employ surveyors, agents, Surveyors workmen, and others necessary to the discharge of their and agents. duties; and they and their agents and servants may enter upon any land for the purpose of surveying or obtaining any information on the subject of their appointment.

(Sec. 7. Temporary.)

CHAP. 671.
AN ACT to establish regulations for the port of New York.

PASSED April 16, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

3 1. It shall not be lawful for the captain, mate or any Deposits of person on board of any steamboat, to throw or cause to be kinders and thrown into the waters of the port of New York, below Spuyten Duyvel creek, on Hudson river, or below Throgs point on the East river, nor in the bay inside of Sandy Hook, any cinders or ashes from such steamboat, under the penalty of twenty-five dollars for each and every offence, recoverable by the commissioners hereinafter named, and for such penalty the steamboat from which such cinders or ashes were thrown, shall be liable.

$ 2. “The Board of Commissioners of Pilots" in the city of CommisNew York, appointed in pursuance of an act entitled “An act pioners of

pilots. to provide for the licensing and government of the pilots, and regulating pilotage of the port of New York,” passed June

L'ART I.

Ballast upon pier.

Penalty.

twenty-eighth, eighteen hundred and fifty-three, shall be the commissioners under this act.

$ 3. It shall not be lawful for any person to throw any ballast, rubbish, ashes or cinders from any vessel, or from any pier or bulkhead into the waters of the docks, slips or harbor of the port of New York, unless to discharge the same immediately into carts. Any person who shall violate any of the provisions of this section shall forfeit and pay to the commissioners the sum of five dollars, and the further sum of two dollars for each and every cubic yard of material so thrown out, and such fine shall be a lien until paid upon any vessel from which such material shall be thrown or discharged.

As amended by Laws of 1858, ch. 226. $ 4. Every person wilfully throwing or putting any stones, earth, shavings, night soil, dirt or rubbish into any dock or slip in the port of New York, or on any public pier or bulkhead in said port, shall forfeit and pay to the commissioners the sun of twenty-tive dollars for each offence; one-half of all fines recovered under this section shall be for the use of the person or persons lawfully entitled to the occupation of such docks, slips or piers. Whenever any horse or cart shall be employed in dumping stones, earth, shavings, night soil, dirt or rubbish into any dock or slip or on any public pier of the port of New York, the fine prescribed by this section shall be a lien until paid upon such horse and cart.

As amended by Laws of 1858, ch. 226. S 5. It shall be the duty of every owner, master, mate, or other person having the charge or management of any vessel from which, or into which, ballast, coal, cinders, stones, bricks, tiles, dung, or any loose matter or thing, shall be conveyed, to fasten canvas, mats or cloths, between the pier or bulkhead and vessel, and between vessels lying along side each other, to or from which such ballast or other loose material shall be conveyed, so as to prevent any part thereof falling into the waters of the port; and if to be landed, to place such material at least two feet from the edge of the pier or bulkhead, under the penalty of ten dollars for the violation of any of the provisions of this section, and for each offence, to be paid to the commissioners; and such penalty shall be a lien, until paid, on the vessel from which such ballast, coals, cinders, stone, brick, tiles, dung, or other matter or thing, shall be so conveyed or landed.

As amended by Laws of 1858, ch. 226. $ 6. It shall not be lawful to throw iron, lead, or any metal, or any package of merchandise weighing over fifty pounds, from a vessel on to a pier in the port of New York, without arlequate protection to the planking of such pier, under the penalty of five dollars for each offence, to be paid to the commissioners, and to be a lien on the vessel until paid; nor shall it be lawful for any person or persons to draw or cause to be

Duty of
owners,
&c in un-
loading bal-
last, &c.

Unloading of metals.

CHAP. XX.

drawn, or trail or drag over any pier in the port of New York, any anchor or blocks of stone, otherwise than upon carts, rollers, wheel carriages or sleds, under the penalty of five dollars for every offence, one-half of which shall be for the use of the person or persons lawfully entitled to the occupation of such pier.

As amended by Laws of 1858, ch. 226. S 7. When any slip, or basin, or shoal in the port of New Dredging of

slips. York, shall be dredged or excavated, it shall be the duty of the person or persons causing the same to be dredged, to cause the sand, mud, or other material to be removed and deposited in some place above high water mark, or be deposited within a bulkhead for filling, or in some place to be approved by the said commissioners; and any person violating the provisions of this section shall forfeit and pay to the said commissioners the sum of five dollars, one half of which shall be retained by the commissioners for every cubic yard removed.

$ 8. Whenever any pier or bulkhead in the port of New EncumberYork shall be encumbered, or its free use interfered with by Ing of piers. merchandise, lumber, or any other obstruction, whether of loose material, or built upon or affixed to the pier or bulkhead, it shall be the duty of the commissioners to notify the person or persons placing or keeping such merchandise or obstruction on such pier or bulkhead, to remove such merchandise or obstruction within twenty-four hours after such notice; and in case of failure to comply with such notice, and to remove such merchandise or obstruction, the person or persons so notified shall be liable to pay to the commissiovers the sum of twenty-five dollars for each and every day during which such merchandise or obstruction shall remain on such pier or bulkhead; and the commissioners shall have power, in their discretion, to remove any merchandise so encumbering any pier or bulkhead, and to store the same in a warehouse or other proper receptacle; and a sum equal to the amount of the expenses of removal, together with the charges for storage, shall be paid by the owner of such merchandise to the commissioners, and shall be a lien on such merchaudise until paid.

As amended by Laws of 1858, ch. 226. [ 9 repealed by Laws of 1862, ch. 428.)

10. At the expiration of every six months it shall be the Advertising duty of the said commissioners to advertise, for one week in ed merchanthree or more daily papers in the cities of New York and dise. Brooklyn, the merchandise which they have stored and which has remained unclaimed, setting forth the marks and numbers of each package, the description of the merchandise, the pier whence such merchandise was removed and the date of such removal, and if any of such merchandise so advertised shall remain thereafter unclaimed for three months, the said commissioners may then sell the same, after further advertisement

PART I.

Buoys and beacons.

for one week in three or more of the daily papers published in the cities of New York and Brooklyn, at a public auction, to the highest bidder, to pay the expenses which have been incurred on such merchandise, and the remainder sball be held in trust by the said commissioners for the owner or owners thereof, for twelve months, when if not claimed it

shall form part of the fund of said commissioners. Cleaning of $ 11. It shall be the duty of said commissioners to require piers, &c.

the lessees or occupants of the public piers and bulkheads in the cities of New York and Brooklyn, to keep the said piers and bulkheads clean and in good repair; and they shall specify in such notice the particulars of the repairs required by them to be made; and if when so notified to clean and repair any public pier or bulkhead, the lessee or occupant shall refuse so to do in accordance with the notice and specification of the commissioners, he shall be liable to pay to the said commissioners a fine of five dollars for each and every day during which he shall neglect or refuse to clean or repair such pier or bulkhead.

As amended by Laws of 1858, ch. 226. $ 12. Any person mooring any vessels to any of the buoys or beacons placed in the harbor of New York by the United States light house board, or in any manner hanging on with a boat or vessel to any such buoy or beacon in said harbor, shall forfeit and pay to the commissioners of the port the sum of fifty dollars for every offence; and any person who shall wilfully remove any such buoy or beacon, shall be deemed guilty of a misdemeanor, and in addition to the punishment which may therefor be inflicted, he shall forfeit and pay to the said commissioners the sum of two hundred and fifty

dollars for every offence. Fish poles.

$ 13. It shall not be lawful, except in cases now provided by law, for any person to erect or drive in the soil under water in the harbor of New York, any poles for the purposes of fishing, where the water is of greater depth than six feet at mean low tide, under the penalty of five dollars for each pole erected or driven contrary to the provisions of this section ; and it shall be the duty of the said commissioners to cause

the same to be removed. Lighters.

S 14. It shall be the duty of the owner or owners of every lighter engaged exclusively in the business of lightering in the port of New York, to cause the name and place of business of one of the owners thereof to be painted in letters at least three inches long on the sides of his lighter; and in default thereof he shall forfeit and pay to the said commissioners the sum of five dollars; and for each and every week the owner of said lighter shall neglect to cause his name so to be painted on his lighter, after being notified, he shall forfeit and pay the sum of ten dollars.

$ 15. It shall be the duty of the harbor masters and pilots of the port of New York to report to said commissioners all

Violations.

CHAP. XX.

violations of this act, which may come to the knowledge of said harbor masters or pilots, or which may be made known to them by complaint or otherwise.

$ 16. The act entitled “An act to amend the act entitled an act relating to the harbor masters of the port of New York, passed March sixteenth, eighteen hundred and fifty," passed April seventeenth, eighteen hundred and fifty-one, is hereby repealed. $ 17. All fines and penalties incurred and recovered under Fines and

penalties. this act, which are recoverable by or in the name of the commissioners under this act, shall be paid, except as otherwise provided in this act, into the treasury of this state, and the treasurer shall keep account of the same, and he shall pay to the said commissioners annually the expenses incurred, and hereafter to be incurred, by the said commissioners under the act, to be certified to him by the president and secretary of said board, not exceeding five thousand dollars per annum, and the further sum of five thousand dollars, to be divided between them as follows: to the president of the board the sum of two thousand dollars, and to each of the other commissioners the sum of seven hundred and fifty dollars per annum.

As amended by Laws of 1858, ch. 226. $ 18. All the fines and penalties incurred under this act Ib. shall be recoverable by and in the name of the said commissioners.

In all cases when the fines and penalties prescribed by this act are made liens upon property they shall be enforced by attachments issued by the court where the proceedings for the recovery of such fines and penalties shall be pending to the officers to whom executions of such courts are issued, and shall be enforced and discharged in like manner as attachments against property of non-resident debtors, and the said commissioners shall have power, in their discretion, to remit any fines or penalties incurred under this act.

For the purposes of this act all piers and bulkheads shall be deemed and taken as extending into the adjoining streets in the rear a distance of six feet.

As amended by act of 1858, ch. 226.

CHAP. 763.
AN ACT to establishi bulkhead and pier lines for the port

of New York.

PASSED April, 17, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The bulkhead line or line of solid filling, and the pier Lines esline, adjacent to the shores of the port of New York, are here- tablished.

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