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the regular packet lines of sailing vessels, propellers and barges which, on the 13th day of April, 1857, occupied berths on piers nine, ten, eleven and the west side of pier twelve, and running to and from the following ports: Boston, Massachusetts; Portsmouth, New Hampshire; Philadelphia, by way of the Delaware and Raritan Canal; Wilmington, North Carolina; Savannah, Georgia; Charleston, South Carolina; Appalachicola, Florida; Mobile, Alabama; New Orleans, Louisiana ; and Matagorda, Texas.

$369. The harbor-masters shall enforce the last Duty of

two sections by preventing other boats, barges

and vessels from entering those piers, and by removing them therefrom so far as necessary for the accommodation of the boats, barges and vessels mentioned. They shall also give a copy of this article to any captain, owner or consignee requesting it, who shall not be liable to any penalty for a violation of its provisions until that has been done.

harbormasters to

enforce this



§ 370. The last three sections shall not be con- Saving strued to impair the right of the owner or lessee of any wharf to collect legal wharfage from vessels using the same, nor to prevent the free use of the wharves mentioned when not required for the uses specified; nor to prevent any vessel from hauling alongside of any vessel, barge or canal boat and lying there for the purpose of the transfer of cargo

Fees and penalties; annual report.

with all reasonable dispatch, nor to impair any existing rights of occupancy granted by ordinance or resolution of the mayor and common council of the city of New York in favor of any of the lines of river barges or canal boats mentioned.

§ 371. All penalties under this article, not otherwise provided for, may be recovered by the harbormasters by action, and they shall report to the governor the whole amount of penalties recovered and of fees received by them, to the 30th of December, inclusive, in each year.

Ashes and

cinders not

to be




SECTION 372. Ashes and cinders not to be thrown into New York harbor.

373, 374. Ballast, rubbish, &c.

375, 376. Protection of piers.

377. Dredging.

378. Incumbrances removed.

379. Storage at owner's expense.

380. Cleaning and repairs.

381. Buoys and beacons.

382. Use of nets at and below New York city.

383. Lighters.

384. Piers and bulkheads defined.

385. Duty of harbor-masters and pilots.

386. Penalties.

387. Wharfage of lighters.

388. Compensation of commissioners.

The provisions of this article are taken from the laws of 1852, ch. 266; 1857, ch. 367, ch. 671, ch. 763; 1858, ch. 226, ch. 261, ch. 290.

§ 372. No person shall throw or cause to be

thrown from any steamer into the waters of the

York harbor.

port of New York, below Spuyten Duyvel creek, into New on the River Hudson, or below Throg's point on the East river, nor in the bay, inside of Sandy hook, any cinders or ashes, under the penalty of twenty-five dollars for each offense, recoverable against such person or from the steamer from which the cinders or ashes were thrown.

rubbish, &c.

§ 373. No person shall in the port of New York Ballast, throw any ballast, rubbish, ashes or cinders, from any vessel or lighter, or from any pier or bulkhead, into the water, or upon any public pier or bulkhead, unless to discharge the same immediately into carts, under penalty of five dollars for each offense, and the further sum of two dollars for each cubic yard of material so thrown out, recoverable against such person or against the vessel from which such material is discharged.

rubbish, &o.

§ 374. No person shall throw or put any stones, Ballast, earth, shavings, night soil, dirt or rubbish into any dock or slip, or upon any public pier or bulkhead in that port, under the penalty of twenty-five dollars for each offense, recoverable of such person or against the horse or cart used in any offense against this section. One-half of any penalty under this section shall be paid to the person lawfully entitled to the occupation of the dock, slip or pier.

of piers.

§ 375. It is the duty of every owner, master, Protection mate, or other person having the charge or manage

Protection of piers.


ment of any vessel, from which or into which ballast or any loose matter is conveyed, to fasten canvas, mats or cloth between the pier or bulkhead and vessel, or between vessels lying alongside each other, 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 each offense against any provision of this section, recoverable against the person or the vessel.

§ 376. No person shall throw any metal, or any package weighing over fifty pounds, from a vessel upon a pier in the port of New York, without adequate protection to the planking of the pier, under the penalty of five dollars for each offense. No person shall draw, or cause to be drawn, over any pier in that port, any anchor or blocks of stone, otherwise than upon carts, rollers, wheel carriages or sleds, under the penalty of five dollars for every offense. These penalties are recoverable from the person or the vessel from which the thing is thrown, or to which it is drawn; and one-half thereof shall be paid to the person lawfully entitled to the occupation of the pier.

§ 377. It is the duty of any person causing any dredging or excavating in the port of New York to be done, to cause the matter removed to be deposited in some place above high water mark, or deposited within a bulkhead for filling, or in some

place to be approved by the commissioners of pilots; under penalty of five dollars for every cubic yard removed.

ces remo


§ 378. If any pier or bulkhead is incumbered by Incumbranany obstruction, the commissioners of pilots shall give notice to the person placing or keeping it there to remove it within twenty-four hours; and if such person fails to do so, he is liable to pay to the commissioners twenty-five dollars for each day during which it remains. If the obstruction consists of merchandise deposited there, the commissioners may remove the same, and cause it to be stored, and the expenses of removal and storage shall be paid by the owner of the same to the commissioners, and are a lien on the property till paid. Every six months the commissioners shall advertise unclaimed merchandise, setting forth the marks and numbers of each package, the description of the merchandise, the pier whence it was removed, and the date of its removal; and if any of it remain unclaimed for three months after being advertised, they may sell the same, after further advertisement, by auction, to pay its expenses. Any surplus shall be held in trust by the commissioners for the owner, for twelve months, when, if not claimed, it shall form part of the fund of the commissioners, hereinafter mentioned. Each advertisement required by this section shall be published for at least one week in at least three daily papers in the cities of New York and Brooklyn.

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