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Storage at

owner's

expense.

Cleaning

and repairs.

Buoys and beacons.

Use of nets,

&c., at and

below New

§ 379. If the merchandise is not, in the judgment of the commissioners, of sufficient value to pay the expenses of removal and storage, it shall be removed and stored at the expense of the owner, consignee or master of the vessel from which it was discharged.

§ 380. It is the duty of the commissioners to require the owners and lessees of the piers and bulkheads of the cities of New York and Brooklyn to keep them clean and in good repair. In giving notice of repairs required, they shall specify the particulars of the repairs to be made. Every person who neglects to comply therewith shall pay a penalty of five dollars for each day's neglect.

§ 381. No person shall moor a vessel to any of the buoys or beacons placed in the harbor of New York by the United States lighthouse board, or in any manner hang with a boat or vessel to any such buoy or beacon, under a penalty of fifty dollars for every offense. Any person who willfully removes any such buoy or beacon is guilty of a misdemeanor, and, in addition to the punishment therefor, is liable to a penalty of two hundred and fifty dollars for every offense.

382. No person shall set, or cause to be set, York city. during the months of March, April or May, in any of the waters of this state at or below the city of New York, any net or weir, by means of any pole,

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anchor or other fixture, to extend into the channel more than the distance of twenty rods from ordinary low water mark;' or at any time set any poles in the harbor at any place where the water is more than six feet deep at mean low tide,' under penalty of one hundred and fifty dollars. It is the duty of the commissioners to cause any obstructions placed in the harbor in violation hereof to be removed.

But this section does not affect any special statute respecting the waters adjacent to Staten island and to the towns of New Utrecht' and Gravesend.'

12 R. S., 97, § 38.

* Laws of 1857, 671, § 13.

3

' 2 R. S., 97, § 39.

The special act as to Gravesend
is Laws of 1836, ch. 127; 2 R.
S., 97, § 41.

At present these penalties are recoverable by the district attorney of any adjoining county. As the supervision of the harbor in these respects has been placed under the charge of commissioners, it seems better to make the system uniform by charging them with the duty of enforcing the provisions of this section.

§383. It is the duty of the owner of every Lighters. lighter which is 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, under the penalty of five dollars for neglect. If after notice he still neglects, he shall pay an additional penalty of ten dollars for every week of the further neglect.

Piers and bulkheads

§ 384. For the purposes of this article all piers defined.

Duty of harbor

masters and pilots.

Penalties.

Wharfage

of lighters.

tion of com. missioners.

and bulkheads shall be taken to extend six feet into the street adjoining in the rear. But it shall not apply to private wharves, piers and bulkheads, occupied by the respective owners for special purposes.

Laws of 1858, ch. 226, §§ 8, 9.

§ 385. It is the duty of the harbor-masters and pilots to report to the commissioners of pilots all violations of the provisions of this article of which they may have information.

§ 386. All penalties under this article are recoverable by the commissioners of pilots. They have power to remit any penalty. Any penalty which is recoverable against any vessel or other property as in this article provided, shall be a lien on such vessel or property and may be enforced as other liens.

See Laws of 1858, ch. 226, § 8.

§ 387. The owners of wharves, piers and bulkheads in the port of New York may charge vessels under fifty tons burden, known as lighters and exclusively used as such, wharfage not exceeding twenty-five cents per day each, when occupying an inside berth, and not exceeding fifteen cents per day each, when occupying an outside berth; but no other charge whatever.

Compensa- § 388. The commissioners of pilots shall pay into the state treasury all penalties collected by them under this article, not otherwise provided for, and

The

the treasurer shall keep account thereof. treasurer shall annually pay to the commissioners their expenses incurred under this article, as certified by their president and secretary, but not exceeding five thousand dollars per annum; and also the further sum of five thousand dollars, to be divided as follows: To the president of the board, two thousand dollars; and to each of the other commissioners, seven hundred and fifty dollars per

annum.

ARTICLE X.

ALBANY HARBOR-MASTER.

SECTION 389. Duty of the harbor-master of Albany.

390. His powers.

391. Vessels coming to wharves.

392. Compensation.

393. Fees for deciding differences.

394. Annual report.

395. Appointment in case of his inability.

The provisions of this article are taken from

1 R. S., 1062, 1063.

§ 389. It is the duty of the harbor-master of the Duty of the

port of Albany to station and regulate all vessels

in the Hudson river, within the limits of that city, and at its piers and wharves; to remove, from time to time, such vessels as are not employed in the transfer of cargoes, to accommodate others; and also to prevent any vessel from obstructing, for an unreasonable time, the entrance into the basin, of which facts of a vessel not being employed or requiring accommodation, or obstructing the en

harbormaster of

Albany.

His powers.

Vessels coming to wharves.

Compensation.

Fees for deciding

trance into the basin, he is the sole judge. He may also remove, at the expense of the master or owner of the vessel, any vessel lying within the limits of the city having no person in charge of the same.

§ 390. He has authority to determine how far, and in what instances, it is the duty of masters to accommodate each other in their respective situations; and any master who neglects to obey his directions in matters within his authority, or any person whatever who resists him in the execution of his duties, is liable to a penalty of twenty-five dollars, to be recovered in the name of the mayor, aldermen and commonalty of the city of Albany, for the poor of the county.

§ 391. All vessels, on coming to the wharves, shall take in their anchors upon deck, so as to prevent injury therefrom to other vessels, and shall rig in their jib-boom.

§ 392. All collectors of wharfage of the public and private docks within the city of Albany shall collect, in addition to the amount now paid by vessels for wharfage, the further sum of one and a half cent per ton per annum, excepting steamers navigating the canals of this state, which money shall be paid to the harbor-master for his services.

§ 393. In case the harbor-master is called upon differences to decide any difference between the masters of vessels as to berths, the party in fault, by his decision, shall pay to him the sum of two dollars; but if

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