appear before the said justice at such time and place as he may deem proper to inquire and assess the damage and recompense which ought to be paid to such owners or persons so interested as aforesaid, for the use of such wharves, slips, landing-places, grounds or other property, and at the same time to summon such owners or persons interested, or their agents or legal representatives by notice to be served personally, or left at their usual place of abode, or served in such other way as the said justice may direct, to appear before said justice at the time and place therein mentioned; and the said jury shall be sworn faithfully to inquire and assess such damage and recompense; and having viewed the premises, if the said justice shall deem such view to be necessary, shall assess the damages and recompense to be awarded to the owners or persons interested in such premises, according to their several interests or estates therein, and the said justice may thereupon render judgment confirming the same, or may set it aside and award a new trial. The verdict of such jury, and judgment of the said justice thereupon and the payment by the said grantee or grantees within sixty days after final judgment, of the sum or sums of money so awarded or the tender and refusal thereof, shall be conclusive and binding upon such owners and persons interested; and the estate of such owners and persons interested, shall thereupon vest in such grantee or grantees, for the term of such license or grant, who may then cause the said premises to be converted to and used for the purposes aforesaid. The said justice shall have power to adjourn such proceedings before him, for such time or times as in his opinion justice may require. [1845, ch. 352, § 4, as modified by ch. 30 of 1849.] TITLE 2. provision. S15. All ferries hereafter established under this act shall be General subject to the laws of this state already passed and now in force, or hereafter to be passed. [Same ch., § 5.] S16. The grantee or grantees of any such ferry or ferries as Buildings shall be established under this act, may cause such wood or other mected. buildings and erections or accommodations as the said commissioners or a majority of them may deem proper, for the purpose of said ferry or ferries, to be constructed and maintained upon the wharves or adjacent grounds at the extremities of said ferry or ferries, which may become vested as in them aforesaid; and such buildings, erections and accommodations shall belong to said grantee or grantees at the end of the term for which said ferry or ferries shall be granted. [Same ch., § 6.] 17. The said vice-chancellor shall receive five dollars for Fees. every day he shall be employed in his duties under this act, which together with the fees and expenses of every kind incident to said proceedings shall be paid by the grantee or grantees of said ferry or ferries. [Same ch., § 7.]1 and wit nesses. 18. The sheriff and witnesses in such proceedings shall of sheriff's receive the like fees as are now provided by law in cases pending in the supreme court of this state, and the jurors shall receive each two dollars per day. [Same ch., § 8.] *S 19. In order to enable the legislature of this state from time So far as the compensation to the vice-chancellor is concerned, this section is abrogated by Constitution, art. vi., § 20. Annual reports to be made. TITLE 2 to time to regulate the rates of ferriage, it shall be the duty of the owners or supreintendents of all ferries which shall be established under this act between New York and Long island, whether owned or held by private persons or bodies politic and corporate, to make annual returns under oath to the comptroller of this state of the amount of the tolls and ferriage received at their said respective ferries during the preceding year, and also of the expenses attending the conduct and management thereof, and of the amount of capital employed therein, on pain of forfeiting their leases or licenses on failure so to do. [1845, ch. 352, § 9.] Saving clause. Repeal. Leasing of ferries. Notice of time of letting. Bonds of lessees. Funds how applied. *S 20. Nothing herein contained shall be construed to annul, impeach or in any wise impair the rights of the mayor, aldermen and commonalty of the city of New York, and their lessees, their executors, administrators and assigns, of, in or to any ferry or ferries heretofore established by them, or of, in or to the rents reserved in any lease of any such ferry or ferries, or of, in or to any other private benefits, emoluments or advantages incident to the same or arising therefrom; and nothing herein contained shall be construed to supersede or annul the privileges, powers and emoluments of a private nature which have been granted to the corporation of the city of New York by charters and legislative acts. [Same ch., § 10.] *S21. All provisions in charters and legislative acts conferring public powers and privileges upon the corporation of the city of New York which are inconsistent with or repugnant to the provisions of this act, so far as such powers remain unexecuted by the said corporation, are hereby repealed. [Same ch., § 11.] *S 22. The supervisor and justices of the peace of the town of Morristown, in the county of St. Lawrence, are hereby authorized and empowered to lease and regulate all ferries which shall be deemed by them necessary for the public convenience, crossing the River St. Lawrence from said town to the opposite shore of said river, or crossing Black lake to the opposite shore of said lake. [1851, ch. 240, § 1.] * S 23. It shall be the duty of town officers named in the first section of this act to give not less than ten days public notice of the time and place of letting or reletting of any of said ferries, by a written notice which shall be posted in not less than five public places in each of the towns of Morristown and Macomb, and the same shall be let to the highest bidder, for such term of time as the said officers shall judge best, not exceeding ten years. [Same ch., § 2.] * S 24. Such town officers shall require of such persons as shall take either of said ferries a good and sufficient bond to the supervisor of the town of Morristown, with two or more sureties, in the penal sum of one thousand dollars, for the faithful performance of their contracts, to be prosecuted for in the name of the supervisor of the town of Morristown, before any court having competent jurisdiction. [Same ch., § 3.] *S 25. The funds arising from the rents of the ferries on the River St. Lawrence shall be paid to the [supervisor] of the town 1" Supervisor" substituted for "superintendent of common schools." See § 43, title 2, chap. 15. ART. 1. of Morristown, for the benefit of the common schools of said town; and the funds arising from the rents of ferries on Black lake shall be divided equally between the towns of Morristown and Macomb for the use of the common schools of said towns, and be paid to the [supervisors] of such towns respectively. [1851, ch. 240, § 4.] S26. It shall be the duty of said town officers to make out a Tariff of tariff of prices to be paid by those who may desire to cross or use said ferries; and the persons keeping said ferries shall cause the same to be plainly written out or printed, and kept stuck up in some conspicuous place where it may be seen by persons using such ferries. [Same ch., § 5.] [TITLE III. Of Pilotage and the regulation of Harbors; Port Wardens; Moneys levied by law on Seamen; Harbor Commission; Bulkhead and Pier lines, and Slips and Wharves in New York city.] [ART. 1.—Of pilotage and the regulation of harbors.] [ART. 2.—Of the port wardens of the port of New York.] [ART. 3.—Of the moneys levied by law on masters, mates, mariners and seamen arriving at the city and port of New York, and the distribution thereof.] [ART. 4.—Of the appointment of a commission for the preservation of the harbor of New York from encroachments, and to prevent obstructions to the necessary navigation thereof.] [ART. 5.-Of the establishment of bulkhead and pier lines for the port of New York.] [ART. 6. Of the use of slips and wharves in the city of New York.] [ARTICLE FIRST. Of Pilotage and the regulation of Harbors.] SEC. 1. Eleven harbor masters for the port of New-York, appointed by the governor and senate. 2. To give bonds. 3. Their powers; penalty for resisting their directions. 4. Their fees. 5. Masters, &c., to forfeit double the amount if fees are not paid within forty-eight hours. 6. Harbor masters to enforce laws for preventing nuisances, &c. 7. To furnish copy of this law to captains, &c., of vessels. 8. To report annually the amount of fees. 9. Harbor master for the port of Albany. 10. His duties. 11. Penalty for neglect of his directions. 12. Vessels on arriving at wharf to take in their anchors and jibbooms. 13. Vessels may be removed; vessels lying without persons in charge. 14. Fees of harbor masters. 15. Substitute to be appointed in case of harbor master's sickness, &c. 16. Harbor master's fees in settling disputes. 17. Fees to be annually reported. 18. Hellgate pilots. 19. To be appointed by governor and senate; board of wardens to recommend suitable persons to the governor; deputy pilots. 20. Board of wardens to establish regulations for government of pilots, &c. 21. To have cognizance of complaints against pilots; manner of examining into complaints power to remove pilots. 22. Pilots to keep deck boats; apprentices to be taken in such boats; boats to be registered. 23. Rates of pilotage. 24. Pilot first tendering his services entitled to half pilotage. 25. Allowance may be made by wardens for extra services. 26. Pelalty for any but a Hellgate pilot to pilot through Hellgate. 27. The act not to apply to steamboats. 28. Repeal of former acts. 29. Board of commissioners of pilots in New York city to consist of five persons. 30. Three of commissioners to be elected by chamber of commerce. 31. Two of commissioners to be elected by president and vice president of marine insurance companies, New York. 32. Election in case of vacancy of commissioners. 33. Commissioners to take oath of office; oath to be filed. 34. Commissioners to appoint secretary; oath of office. 35. Board to establish an office in New York; how often commissioners are to meet. 36. Duties of secretary. 37. Commissioners to license pilots; degrees of qualification to be specified; no license to be granted to persons holding license under laws of other states; commissioners authorized to revoke licenses. 1 "Supervisors" substituted for "superintendents of common schools." See note on preceding page. prices. TITLE 3. SEC. 38. Commissioners to examine applicants, before granting licenses to them, as to their qualifications; requirements. Harbor masters to ed. Nine in New York two in 39. Before licenses granted pilots required to enter into recognizances; prosecution of recogni. zances. 40. Commissioners empowered to regulate pilot boats and pilotage; general powers in this respect. 41. Fees for piloting on inward bound vessels. 42. Fees for piloting on outward bound vessels. 43. Rates of pilotage for intermediate distances to be determined by board of commissioners. 44. Between November first and April first, addition to full pilotage. 45. Fees of pilots when vessels detained. 46. Pilotage by whom payable. 47. Pay of pilots when carried to sea. 48. Masters of vessels to account to pilots for draught of vessels; penalty when draught given is less than actual draught. 49. Fees of pilots for transporting vessels in harbor and moving vessels from quarantine, and hauling them from river to wharf. 50. Commissioners to provide rewards to encourage relief of disabled vessels, &c. 51. Commissioners empowered to suspend pilots; revoke licenses upon proof of negligence; pilots authorized to appeal to commissioners for rehearing. 52. Commissioners to hear and determine complaints against pilots. 53. Before person proceeded against or suspended, must be notified; proceedings in relation to notice. 54. Secretary to issue subpoenas to witnesses; duty of commissioners to examine witnesses; fees of witnesses. 55. Fines or penalties to be sued for in name of "Board of Commissioners of Pilots"; decision of majority conclusive. 56. Duty of secretary and clerks in relation to keeping accounts of pilotage. 57. Masters of certain vessels not required to employ licensed pilots; what rates pilots entitled to receive; masters of certain vessels may obtain licenses from commissioners; fees for license; masters of certain vessels to take pilots; in case of refusal to pay pilotage; certain persons not holding licenses, &c., to be deemed guilty of misdemeanor. 58. Act concerning Hellgate pilots not to be affected by this act. '59 Certain laws repealed. 60. Provisions of act not to apply to steam vessels. 61. Certain persons connected with steamboats prohibited from throwing into certain waters of port of New York ashes and cinders, under penalty of $25. 62. The "Board of Commissioners" of pilots to be commissioners under this act. 63. Unawful to throw rubbish, &c., into waters of harbor of New York; penalty for violating provisions of this section. 64. Persons willfully throwing stones, &c., into docks, &c., in port of New York to forfeit $25 to commissioners; when fine, lien on carts. 65. Duties of owners, masters and mates of vessels into which ballast, &c., to be conveyed, to prevent ballast, &c., from falling into water. 66. Unlawful to throw articles weighing over fifty pounds from vessel on to pier without protection; penalty; to be lien on vessel; unlawful to draw over pier articles otherwise than in carts; penalty. 67. When slips, &c., dredged, sand, &c., to be deposited above high-water mark, or in their 68. When piers encumbered, &c., commissioners to notify persons encumbering to remove 70. Duty of commissioners to advertise every six months merchandise stored and unclaimed; 71. Duties of commissioners relative to lessees, &c., of public piers and bulkheads in New York. 72. Persons mooring vessels to certain buoys or beacons in harbor of New York to forfeit $50; when persons deemed guilty of a misdemeanor. 73. Unlawful except in certan cases to erect, &c., in harbor of New York poles for fishing. 74. Owners of lighters to cause name and place of business of owner to be painted thereon. 75. Harbor masters and pilots to report violations of act to commissioners. 76. Act of 1851 repealed. 77. Fines and penalties recoverable under this act to be paid into treasury of state; expenses to be paid to commissioners not exceeding $5,000 per annum. 78. Fines and penalties recoverable in names of commissioners; when liens to be enforced by attachments. 79. Act not deemed applicable to private wharves, piers and bulkheads. gover *S 1. There shall be appointed on the nomination of the be appoint nor, by and with the advice and consent of the senate, eleven harbor-masters for the port of New York, nine of which shall reside in the city of New-York, and two of said harbor masters shall reside in the city of Brooklyn: said harbor-masters shall hold Brooklyn. their offices for two years, or until others shall be appointed in their place. At least five of said harbor-masters shall have been masters of vessels sailing from said port, or pilots who shall have been engaged in piloting vessels in or from said port, or seamen that have been engaged in navigating the waters of the harbor of New-York. [1850, ch. 72, § 1.]1 Qualifications. An act relating to the harbor-masters of the port of New York, passed March 16, 1850. ART. 1. bonds. § 2. Each of said harbor-masters, before entering upon the duties of his office, shall execute a bond to the people of the State To give of New York, in the penal sum of two thousand five hundred dollars, with two sufficient sureties to be approved by the mayor of the city of New York, conditioned for the faithful performance of his duties, and said harbor-masters shall jointly and severally perform all the duties, exercise all the powers, and divide equally between them all the emoluments imposed and authorized by this act. [1850, ch. 72, § 2.] S3. The said harbor-masters shall have authority to regulate Powers. and station all ships and vessels in the stream of the East and North rivers, within the limits of the city of New York, and the wharves thereof, and to remove, from time to time, such ships or vessels as are not employed in receiving and discharging their cargoes, to make room for such others as require to be more immediately accommodated, for the purpose of receiving and discharging cargoes, and as to the fact of their being fairly and bona fide employed in receiving or discharging their cargoes, the said harbormasters, or either of them, is hereby constituted the sole judge. The said harbor-masters, or either of them, shall have authority to determine how far, and in what instances, it is the duty of masters and others having charge of ships and vessels to accommodate each other, in their respective situations: and if any master or other person, having charge of any ship or vessel, shall refuse or neglect to obey the direction of the said harbor-masters or either of them, in matters within their authority to direct, or if any person shall resist or oppose the said harbor-masters, or either of them in the execution of the duties of their office, such master, or other person having charge of any ship or vessel, or other person whatsoever, shall, for every such offence, forfeit and pay the sum of fifty dollars, to be recovered, with costs of suit, in the name of the treasurer of the New York hospital, before any court having cognizance thereof. All which fines, when collected, shall be paid to said treasurer, for the use of said hospital. [Same ch., § 3.] S 4. The said harbor-masters shall have power to demand and Fees. receive from the commanders, owners and consignees, or either of them, on all ships or vessels of the United States, and on all ships or vessels of any foreign nation that are permitted by the laws of the United States to enter on the same terms as vessels of the United States, and which shall enter the said port of New York, and load or unload, or make fast to any wharf therein, one and one-half of one per cent per ton, to be computed from the tonnage expressed in the register or enrollments of such ships and vessels respectively, and no more: and also on all other foreign ships or vessels which shall arrive at and enter the said port, and load, unload or make fast to any wharf therein, double the amount of fees above specified, according to the rate of tonnage or burthen of said ships or vessels respectively, to be ascertained by their respective registers, or other documents on board the same. But no compensation shall Proviso be demanded by the said harbor-masters for the entrance into the port of New York of any sloop or schooner employed in the coasting trade within the United States, unless upon the application of |