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Special wardens at quarantine.

Receipts and ex. penses.

section is a misdemeanor, and the person violating it is also liable to a penalty of one hundred dollars for each offense, to be recovered by the port-wardens.

§ 356. The two special wardens for the port of New York shall reside at quarantine. It is their duty to act as wardens only in regard to vessels and goods that are actually under and subject to quarantine detention, and their duties do not apply to vessels stopping at quarantine for the purpose only of visitation by a health officer and not detained. They shall make returns in detail of all surveys made by them, and of all other duties by them performed, to the wardens' office in the city of New York, within forty-eight hours after such survey or service performed; and all regulations adopted by the board of wardens shall apply to the special wardens. The special wardens are entitled to receive for each examination or survey made by them the sum of five dollars; and the emoluments of their office shall be divided equally between them.

§ 357. The port-wardens shall keep a full and accurate account of all their receipts and expenditures, and transmit to the comptroller annually, on the first Monday of January in each year, a true copy thereof, verified by the oaths of the president and secretary; and each warden shall append to such account an affidavit that he has not taken or

received directly or indirectly any money or other property for or in relation to any act or omission to act as warden, except the legal fees.



SECTION 358. Qualifications of harbor-masters.

359. Official bond.

360. Harbor-masters to share duties and compensation.

361. General powers.

362. Penalties.

363. Fees.

364. Payment, and penalty for default.

365. Fee for adjusting controversy.

366. Duty of harbor-master respecting piers.

367. Piers for canal boats and barges, railway barges and

368. Piers for packets.

369. Duty of harbor-masters to enforce this regulation.

370. Saving clause.

371. Fees and penalties, annual report.

The provisions of this article are taken from 1 R. S., 1060, 1062; Laws of 1857, ch. 367.

tions of


§ 358. At least five of the eleven harbor-masters Qualifica for the port of New York must have been either harbor. masters of vessels sailing from, or pilots or seamen engaged in navigating, the port of New York. Nine of them must reside in the city of New York and two in Brooklyn.


§ 359. Each harbor-master, before entering on official the duties of his office, must execute a bond to the people in the penalty of two thousand five hundred dollars, with two sufficient sureties, to be approved

Harbormasters to share duties

and com pensation.

General powers.



by the


of the city of New York, conditioned for the faithful performance of his duties.

§ 360. The harbor-masters may, jointly and severally, perform all the duties and functions, and shall divide equally the emoluments of their offices.

§ 361. They or either of them have power:

1 To station and regulate all vessels in the stream of the East or North rivers, within the limits of the city of New York and the wharves thereof, and to remove, from time to time, vessels not employed in the transfer of cargo, to make room for others that require accommodation for that purpose; of which, and of a vessel not being employed in the transfer of cargo, or requiring accommodation, they are the sole jud es;

2. To determine how far, and in what instances, it is the duty of masters of vessels to accommodate each other, in their respective situations.

§ 362. Any master who neglects to obey, and any person whatever who resists the direction of any harbor-master, given under the authority of this article, is liable to a penalty of fifty dollars, to be recovered in the name of the treasurer of the New York hospital, for the use of the hospital.

363. The harbor-masters are entitled to receive from the commanders, owners and consignees, or either of them, of any vessel which enters the port

of New York, and loads or unloads any part of her cargo, or makes fast to any wharf, the following fees:

1. On all vessels of the United States, or of any foreign nation permitted by the laws of the United States, to enter on the same terms as vessels of the United States, one and one-half of one cent per ton of the vessel's tonnage, as expressed in its register or enrollment;

2. On all other foreign vessels, three cents per ton of the vessel's tonnage, to be ascertained by its register or other documents on board.

But this section does not apply to any sloop or schooner employed in the coasting trade within the United States.

and penalty for default.

§ 364. The master, owner or consignees of every Payment, vessel shall, within forty-eight hours after its arrival, pay the fees due thereon at the office of the harbormasters, or one of them. If after default of payment they are not paid on demand, the master, owner or consignee, on whom the demand was made, shall forfeit double the amount of the fees.



§ 365. When, upon the application of the master Fees for of any sloop or schooner employed in the coasting trade, any harbor-master adjusts any difference happening respecting the situation of such vessel (and it is the duty of any harbor-master, on application,

Duty of harbor



to hear and determine such differences, he is entitled, upon adjusting the difference, to receive from the party in default the sum of two dollars, except in case of canal barges and canal boats, and then one dollar.

§ 366. It is the duty of the harbor-masters to enrespecting force the laws of the state and the ordinances of the city for cleaning the wharves and docks, and for preventing and removing all nuisances therefrom; and if any one whose duty it is to remove a nuisance, neglects to remove it within forty-eight hours after notice to do so, from a harbor-master, he is liable to a penalty of two dollars and fifty cents.

Piers for

canal boats

barges and


§ 367. The water adjacent to the wharves, from and barges, the east side of pier number two to the east side of pier number nine, East river, shall, from the twentieth day of March to the twentieth day of December, in each year, be reserved, so far as necessary, for the use of canal boats and barges engaged in transporting property on the River Hudson, or coming to tide-water from the canals of the state or arriving in New York from Albany or any place north or west thereof, and of barges transporting property to and from the ferry stations of the New York and Erie, New York Central and Hudson River railways.

Piers for packets.

§ 368. Piers number ten, eleven, and the west side of pier number twelve, East river, shall, during the same period, be reserved for the use of

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