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PART I.

Sea wall.

by declared and established to be the bulkhead and pier lines recommended to the legislature by the commissioners appointed under the act entitled, “An act for the appointment of a commission for the preservation of the harbor of New York from encroachments, and to preserve the necessary navigation thereof,” passed March thirty, eighteen hundred and fifty-five, in their reports of January twenty-seven, cighteen hundred and fifty-seven, and March eighteen, eighteen hundred and fifty-seven, and as laid down on the maps accompanying said reports, entitled “Atlas of New York harbor, made under the direction of the harbor commission,” in two volumes, except that the exterior or pier head line from Ninth street extended to Forty-ninth street, on the New York side of East river, shall be the same as in the line recommended by the committee of commerce and navigation of the senate, in their report of March seventeenth, eighteen hundred and fifty-six, and on the maps hereinafter referred to, in red ink; and a sea wall shall be erected on that line from the north-east corner of the bulkhead at the foot of Seventeenth street, to Thirty-eighth street, with openings of not less than one hundred feet, and at distances of

not less than four hundred and fifty feet apart from centre to Erection of centre; and the whole water space between the bulkhead line piers.

hereby established, and the sea wall between Seventeenth and Thirty-eighth streets, shall be appropriated for piers, on piles or blocks and bridges, and wet basins, and a continuous bulkhead from Thirty-eighth to Forty-ninth street, which bulkhead shall be the exterior line, and line of solid filling; but no pier, or other erection or structure, shall be made outside of the said sea wall or bulkhead from Seventeenth to Fortyninth street, that is to say:

1. Maps of the shores of the city and county of New York. Description 2. From a point one mile north of Spuyten Duyvil creek,

on the east shore of the Hudson river; thence southerly to the entrance and along the north shores of Spuyten Duyvil creek and Harlem river, and easterly along the north shore of the East river, to Throg's Neck, in the county of Westchester.

3. From the entrance to Little Neck bay, in the county of Queens, westerly along the south shore of the East river, including Flushing and Gowanus bays, and Newtown creek, to the westerly end of Coney island, in the county of Kings.

4. The easterly shore of the county of Richmond, to the entrance of the Kill van Kull, and thence along the southerly shore of the Kill van Kull, and the southerly and easterly shores of Arthur's kill, or Staten Island sound, to a point opposite to the entrance of Woodbridge creek, in the State of New Jersey.

5. From the middle of the Kill van Kull, at its entrance from the bay of New York; thence northerly along the westerly shore of the said bay, and along the westerly shore of

of line of sea wall.

CHAP. XX,

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.

S 2. 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 bulkbead 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.

S 3. It shall be the duty of the said commissioners, within Maps. thirty days from the passage of this act, to verify by their siguatures, and to file in the otfice 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, veritied 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 coinmissioners is hereby extended to the fifteenth day of May next.

CHAP 522.
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:

S 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 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

kept

PART I.

Piers, bulk

or suffered

jurisdiction such vessel or thing shall be, and shall be recorerable 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.

$ 2. It shall not be lawful for any person to build, erect 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

New York, beyond the exterior line defined and recommended beyond cer 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 forth with 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.

S 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: Line of The said bulkhead and pier line shall be altered so as to and pier. 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 projection 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

bulkhead

CHAP. XX,

said bulkhead and pier line, seven hundred feet; thence northeasterly 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.

.

CHAP. 69. 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 comby the governor, by and with the consent of the senate, and missioned shall be commissioned by the governor, in like manner as all mendatien 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 goveruor 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 lave served the time required by their indentures, passed the requisite examination, and acted for two years as deputy pilots.

All apprentices shall hereafter serve as such for the period Apprentiof 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

PART L

Wardens to establish rules.

nizance of

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- S 4. Said board of wardens shall have cognizance of all complaints. complaints made against any or either of said pilots, for offi

cial 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; wbich 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 bearing 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 coufirm his

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