centage and it shall be paid over to the New York fire department relief fund, and any use of said percentage for purposes other than provided by law shall be a misdemeanor and be punishable as such. Id; in borough of Richmond. § 810. The corporation known as the Veteran Firemen's Association of the North Shore Fire Department of Staten Island, in the borough of Richmond, shall be entitled to collect a percentage or tax of two per centum on receipts of foreign fire insurance companies, located and doing business in the borough of Richmond. The said association shall be subject to the same laws and possess the same privileges as The Exempt Firemen's Benevolent Association, of the Twenty-third Ward, of the city of New York (late town of Morrisania, county of Westchester), for the term of twenty years, beginning with the establishment of a paid fire department over said borough. 25 CHAPTER XVI. DOCKS, PIERS, HARBOR, PORT, AND WATERS. TITLE I. DEPARTMENT OF DOCKS AND FERRIES. 2. PIERS, SLIPS AND WHARFage. 3. GENERAL PROVISIONS. TITLE 1. DEPARTMENT OF DOCKS AND FERRIES. Sec. 816. Board of docks, commissioners, appointment, term of office, president and salaries. 817. Extension of jurisdiction to new territory. 818. Jurisdiction, powers and duties. 819. Plans for water fronts. 820. Surveys of water front. 821. Construction of piers and docks regulated. 822. Purchase of wharf property for corporation; proceedings to acquire. 823. Acquirement of certain wharf property on North and East rivers. 824. Acquirement of wharf property in which city has some interest. 825. Wharfage and dockage charges; leasing property; oyster business; designation of water front for. 826. Ferries; leasing of. 827. To establish rules for government; penalties. 828. Offices and officers; duties and salaries. 829. Annual report; contents. 830. Seal. 831. Lands under water owned by state. 832. May deepen water adjoining wharf, etc. 833. Property and wharf property defined. 834. Sites for floating baths. 835. Public markets and wharves. 836. Docks to be set apart for street cleaning department and board of health. 837. Setting apart piers for recreation. 838. Water front to be set apart for use of fire department. Board of docks, commissioners, appointment, term of office, president and salaries. § 816. The head of the department of docks and ferries shall be called the board of docks. The board of docks shall consist of three persons, to be known as commissioners of docks. They shall be residents of The City of New York, and shall be appointed by the mayor, and hold their respective offices as provided in chapter four of this act. Said commissioners shall elect one of their number president of said board. The salary of the president shall be six thousand dollars a year, and the salary of each of the other two commissioners shall be five thousand dollars a year. See § 106, ante. Extension of jurisdiction to new territory. § 817. All the powers and duties heretofore vested in and devolved upon the department of docks, of the mayor, aldermen and commonalty of the city of New York, are devolved upon and vested in the department of docks and ferries hereby created, and, in addition thereto, the powers and duties of said department are hereby extended so as to include all the water front, wharf property, lands under water, wharves, piers, bulkheads and structures thereon situate, within the city of Brooklyn; the county of Richmond, and that portion of Queens county by this act consolidated with the corporation known as the mayor, aldermen and commonalty of the city of New York; and the said board of docks shall have the same powers, subject to the approval of the commissioners of the sinking fund, to adopt and execute a plan or plans for the water front of The City of New York, as constituted by this act, and to fix and establish the line of solid filling, bulkheads and pier head lines, the distances between piers, methods and character of construction of wharves and piers within the entire territory of The City of New York, as constituted by this act, that the said department of docks possessed, at the time this act takes effect, within the territory of the city of New York, as heretofore known and bounded. Jurisdiction, powers and duties. § 818. The board of docks shall have exclusive charge and control, subject in the particulars hereinafter mentioned to the commissioners of the sinking fund, of the wharf property belonging to the corporation of The City of New York, as constituted by this act, including all the wharves, piers, bulkheads, and structures thereon, and waters adjacent thereto, and all the slips, basins, docks, water fronts, land under water and structures thereon, and the appurtenances, easements, uses, reversions, and rights belonging thereto which are now owned or possessed by the said corporation or to which said corporation is, or may become entitled, or which said corporation may acquire under the provisions hereof, or otherwise; and said board shall have exclusive charge and control of the repairing, building, rebuilding, maintaining, altering, strengthening, leasing, and protecting said property, and every part thereof, and of all the cleaning, dredging, and deepening necessary in and about the same. Said board is also hereby invested, except as otherwise expressly stated in this act, with the exclusive government and regulation of all wharf property, wharves, piers, bulkheads, and structures thereon, and waters adjacent thereto, and all the basins, slips and docks, with the land under water in said city not owned by said corporation. The board of docks shall not have power to change the exterior line of piers and bulkheads, established by law. The board of docks shall also have exclusive charge and control, subject in the particulars hereinafter mentioned to the commissioners of the sinking fund, of all ferries and ferry property belonging to the corporation of The City of New York, as hereby constituted. L. 1882, ch. 410, § 711. (a) The jurisdiction of the dock department under this section does not interfere with the jurisdiction of the building department over the erection of structures on wharves and piers under § 504 of the New York city building law, in appendix. Fire Dept. V. Atlas Steamship Co., 106 N. Y. 566; s. C., 11 N. Y. State Rep. 113. See § 504, ante. (b) A city is liable for injuries sustained by an individual by reason of the defective construction and dangerous condition of a pier, notwithstanding the premises are, at the time, in the possession of a lessee, who has covenanted to keep the pier in repair. Moody v. The Mayor, 43 Barb. 282; s. c., 34 How. Plans for water fronts. Pr. 288; Taylor v. The Mayor, 4 (c) In order to charge a city with liability for a defective wharf, it must appear that the municipal authorities had notice of the defect. Garrison v. The Mayor, 5 Bosw. 497; S. P., Wallace v. The Mayor, 2 Hilt. 440; s. c., 18 How. Pr. 169. (d) As to the liability of a lessee of a wharf or pier for injuries occasioned by reason of its defective condition, see Radway v. Briggs, 37 N. Y. 256; Clancy v. Bryne, 56 Id. 129; Newall v. Bartlett, 114 Id. 399; Gluck v. Ridgewood Ice Co., 56 Hun, 642; s. C., 9 N. Y. Supp. 254; Delaney v. Penn. R. Co., 78 Hun, 393; S. C., 29 N. Y. Supp. 226; affi'd, 144 N. Y. 718. § 819. The plan or plans for the whole or any part of the water front of The City of New York, as constituted by this act, including the water front on the westerly side of the Harlem river from the easterly line of the Third avenue where said line strikes said river along the water front from said line to the northerly side of department of docks, of the city of New York, as heretofore known and bounded, adopted and certified to by the commissioners of the sinking fund, and filed, in the office of said department of docks, in accordance with the proivsions of the third subdivision of section ninety-nine of chapter one hundred and thirty-seven of the laws of eighteen hundred and seventy, as amended by section six of chapter five hundred and seventy-four of the laws of eighteen hundred and seventy-one, and such plan or plans as may be determined upon pursuant to section eight hundred and seventeen of this act, by the board of docks created by this act, adopted and certified to by the commissioners of the sinking fund and filed, or that may be filed, in the office of said board of docks shall be and continue to be the scle plan or plans, according to which any wharf, pier, bulkhead, basin, dock, slip or any wharf structure or superstructure shall be laid out or constructed within the territory or district embraced, of that may hereafter be embraced in and specified upon said plan or plans, and shall be the sole plan or plans and authority for solid filling in the waters surrounding The City of New York, and on said Harlem river, and for extending piers into said waters and erecting bulkheads around said city, and on the westerly side of the Harlem river, and all other provisions of law regulating solid filling and pier and bulkhead lines in said waters, are to be deemed to be repealed whenever said plan or plans is or are inconsistent with such provisions of law, and all laws giving any power or authority as to said water front in the territory embraced in this section, to any other department of the city of New York, as heretofore known and bounded, or to any department of any municipal or public corporation which, or part of which, is consolidated by this act with the mayor, aldermen and commonalty of the city of New York, are hereby repealed. No wharf, pier, bulkhead, basin, dock, slip, exterior street, or any wharf, structure, or superstructure shall be laid out, built or rebuilt, within such territory or district except in accordance with such plan or plans, provided that said board of docks, with the consent and approval of the commissioners of the sinking fund, may, from time to time, change the width or location of the piers laid down on said plan or plans; and provided, also, that said board of docks may build, or rebuild, or license, or permit the building or rebuilding, of temporary wharf structures, and said board may lease land covered with water belonging to The City of New York for the purpose thereof, such lease license or permit to continue and remain at the will and pleasure of said board, or for a time not longer than until the wharves, piers, bulkheads, basins, docks, or slips to be built or constructed according to such plan or plans, shall in the judgment of said board, require and need to be built or constructed; and provided, further, that the board of docks with the consent and approval of the commissioners of the sinking fund may alter and extend the present |