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ters are pub. lic ways.

§ 262. Navigable waters, and all streams of suf- What wa ficient capacity to transport the products of the country, are public ways for the purposes of navigation and of such transportation.

Brown v. Scofield, 8 Barb., 239; and see 20 Johns., 90;
3 Cai., 307; 10 Johns., 326; Clarke, 336; 3 Paige, 213.


§ 263. The following streams are declared public Certain ways by special statutes:

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felling trees

§ 264. Whoever cuts or causes to be cut down Penalty for any tree, so that it falls into any stream declared

by statute to be a public way, and does not remove

into publio


Use of nets, &c., in the

channel of

above New

it therefrom within twenty-four hours thereafter, is liable to a penalty of five dollars for every tree.

1 R. S., 1051, § 130.

§ 265. No person shall use, in the channel of the

the Hudson river Hudson between the city of New York and York city. the state dam at Fort Edward, any set-nets, weirs,

Use of nete, &c., in the Hudson,

out of the channel.

hoop-nets or pikes, or place there any hedge, stake, post, pole, or other fixture, for any purpose whatever, under penalty of one hundred and fifty dollars.

2 R. S., 97, § 37, 38.

§ 266. Hoop-nets, pikes or set-nets (if constructed with buoys not more than four feet in length and two feet in diameter) may be used for catching fish in the river Hudson, on and along the flats and shores of the river, and the necessary poles, and other fixtures, for use of the same, may be set, so that the navigation of the river be not thereby obstructed or endangered. But none such shall be used in any place where, prior to the 11th day of April, one thousand eight hundred and fifteen, it was the practice to draw seines. Whoever uses any net or weir, or sets any pole, or other fixture, in any part of that river, out of the channel and within those limits, other than those above permitted to be used, is liable to a penalty of twenty-five dollars for every offense, and is guilty of a misde


1 R. S., 98, § 3; 97, § 40.

tions in the

$267. Special provisions respecting obstructions Obstrue. in the harbor of New York are contained in article New York.

IX of this chapter.

port of



SECTION 268. Steamers meeting.

269. Landing and receiving passengers by small boat.

270. Lines used for landing not to be drawn by machinery.
271. The engine to be stopped.

272. Boat's oars and signals.

273. Steamers overtaking.

274. Steamers to carry signal at night.

275. Vessels in certain waters to show light.

276. Penalties.

277. Vessels at anchor to show light.

278. Rafts on the Hudson to show light.

279. No recovery for collision in case of neglect.

280. Steamers, &c., to carry boats.

281. Penalty.

282, Dampers of steamer chimneys to be closed at Hudson

and at Poughkeepsie.

283. Regulation of course and speed on East river.

284. Regulation of speed on the Hudson river.

285. Racing.

286. Owners liable for master's and engineer's penalties.

287. Reference to Criminal Code.

288. Penalties.

§ 268. When steamers meet, each shall turn to Steamers

the right, so as to pass without interference.

2 R. S., 92, § 1.


§ 269. When a passenger is to be landed from steamer, by means of a small boat, he shall not be suffered to get into it until it is completely afloat and wholly disengaged from the steamer, except by the painter.



and receiv ing passen

gers by

small boat.

2 R. S., 92, § 2.

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§ 270. No line used for the purpose of landing or receiving passengers shall be attached in any way to the machinery of any steamer, nor shall the small boat used for such purpose be hauled in by means of such machinery. The master or person in charge of the steamer violating this provision is guilty of a misdemeanor.

2 R. S., 92, § 4; 93, § 13.

271. During the landing and receiving of a passenger, and the going and returning of the small boat for the purpose, the engine shall be stopped, and shall not be put in motion except to give sufficient force to carry the small boat to the shore, or to keep the steamer in a proper direction and safe position.

2 R. S., 92, §§ 3, 5.

§ 272. In every such small boat there shall be kept a good and suitable pair of oars; and in the nighttime, a signal, by means of a horn or trumpet, shall be given to the steamer from the small boat, when, having landed or received its passengers, it is ready to leave the shore.

Ib., § 6.

273. A steamer going in the same direction with another steamer ahead of it shall not approach or pass the other within the distance of twenty yards; and the steamer ahead shall not be so navigated as unnecessarily to bring it within twenty yards of the steamer following.

2 R. S., 92, § 7.

to carry signals at

§ 274. When any steamer is running in the Steamers nighttime, her master shall cause her to carry night. two conspicuous lights, one exposed near her bows and the other near her stern, the last of which shall be at least twenty feet above her deck.

2 R. S., 92, § 8.

waters to

§ 275. Whenever any vessel is navigating any Vessels in part of Lake Ontario or the Rivers Niagara and show lights. St. Lawrence, within the jurisdiction of this state, in the nighttime, her master shall cause a conspicuous light to be shown in her rigging at least twenty feet above her deck, and another light· from the taffrail.

2 R. S., 94, § 22.

§ 276. Every master, or other person in charge, Penalties. who violates any of the provisions of the preceding eight sections, incurs a penalty of two hundred and fifty dollars for each offense.

2 R. S., 92, § 9.

§ 277. When any vessel is at anchor in the Vessels at

nighttime in the harbor of New York, at any point north of the village of Castleton on Staten island, and south of the south point of Blackwell's island, or in any part of the Hudson river, or on Lake Champlain, or in the harbors or ports on Lake Ontario and the Rivers Niagara and St. Lawrence, within the jurisdiction of this state, the master or other person at the time in charge of the vessel shall cause her peak to be lowered, and a

anchor to show lights.

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