and recover from his or her landlord the amount of the A. D. 1811. expences of such repairs, or deduct the same from any rent which may be due from such tenant to such landlord: Provided, That this provision shall not apply to any tenant bound by contract to his or her landlord to make such repairs. CHAP. CXCVIII. An ACT to establith a Board of Wardens for the port of New-York, and for the regulation of the Pilots and Pilotage of the said port. Proviso. be establish appoint Passed April 9th, 1811. I. E it enacted by the people of the state of New- A board of York, represented in Senate and Assembly, That wardens to there shall be and hereby is established a board of war- ed dens for the port of New-York, to consist of the master and wardens of the said port for the time being; and that it shall and may be lawful to and for the person administering the government of this state for the time being, by and with the advice and consent of the council of appointment, from time to time as often as shall be necessary, to appoint one fit and proper person To be apto be master, and other fit and proper persons to be pointed by wardens of the said port of New-York, who shall re- council of spectively hold their offices during the pleasure of the ment said council; and that the said master and wardens, and their successors in office, shall compose the said board of wardens hereby established, and shall be called and known by the name of "the master and wardens of the port of New-York," and shall have full power and authority to have and use a common seal, with such de-authorised vice as they may think proper, and the same to break, sel alter and renew at their pleasure; and further, that all fines, penalties and forfeitures arising under this act, or the rules and regulations to be made by the said board Fines and of wardens in pursuance thereof, shall and may be sued how recov for and recovered in any court having cognizance thereof, by the said board of wardens, or their successors, by their said name of the master and war- Present dens of the port of New-York: Provided however, wardens to That the several persons who now are master and offe Theirname to have a penalties ered master and continue in A D. 1811. wardens of the said port of New-York, shall and may respectively continue in office until they shall respectively be superceded, or others shall be appointed in their stead. Master and wardens to take an eath Master and fice and en proceed point a clerk Duties of II. And be it further enacted, That each and every person who hath been or at any time hereafter shall be appointed to be master or warden of the port of NewYork, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation before the mayor or recorder, or one of the aldermen of the city of New-York, in the following words; "I will well, truly and faithfully, according to the best of my skill and understanding, execute and perform the powers and duties vested in or enjoined upon me by law as master (or as one of the wardens as the case may be) of the port of New-York," which oath or affirmation shall be filed in the office of the clerk of the city and county of New-York. wardens to III. And be it further enacted, That the said board keep an of of wardens shall appoint a clerk, and shall keep an oftry of their fice in the city of New-York, at which office one or ng, and ap- more of the said master and wardens and their said clerk shall give attendance daily, Sundays and the fourth day of July excepted; and that said board of their clerk wardens shall cause to be made and kept by their clerk, in a book or books by them to be provided for that purpose, regular and fair minutes and entries of all orders, regulations, transactions and proceedings of the said board under and by virtue of this act, and which said book or books of entries shall and may be inspected by any person or persons desiring to inspect the same, such person or persons desiring to inspect the same paying to the said clerk twelve and one half cents each time the said books shall at his or their request be opened and examined; and further, that the said clerk shall give true copies of any such entries or minutes so to be made in said book or books to such person or persons as may require the same, such person or persons paying therefor to the said clerk one cent for every twelve words or figures such copy shall Clerk's fees .contain. wardens pilots and lots. IV. And be it further enacted, That the said board of A. D. 1811. wardens shall meet at their office in the city of New- Board of York on Monday in every week, and at such other when to time or times as the master or any four of the ward- meet. ens may direct and appoint; and that the said board of wardens, any five of whom shall be a quorum, shall 5 to be a have full power and authority when so met from time quorum. to time, to grant licences under the limitations herein after in that behalf prescribed, to such and so many fit To licence and proper persons, not exceeding thirty in the whole, deputy-pi as they shall deem necessary and sufficient, to act as pilots for the safe pilotage of ships and vessels to and from the port of New-York by the way of SandyHook; and also to grant licences to such and so many fit and proper persons as the said board of wardens may judge necessary and sufficient, to act as pilots for the safe pilotage of vessels to and from the port of New-York through the channel of the East river, commonly called Hell-Gate; and also to grant licences to such person or persons as the said board shall approve of, to act as deputy-pilots under such said licenced pilots, not exceeding the whole number of pilots thus to be appointed; and further, that the said board of wardens shall have full power and authority at any time or times to revoke and annul any licence ces or susthat may be by them granted to any person to act as and depua pilot of any description, or as a deputy-pilot, or to suspend any licenced pilot or deputy-pilot from acting as a pilot or a deputy-pilot for any period of time they may think proper; and further, that the said board of wardens shall have full power and authority rules for pifrom time to time to make and establish such rules, free the orders and regulations, not inconsistent with the con- same by stitution or laws of this state or of the United States, for the better government of the said pilots and deputy-pilots, and with such fines and penalties for the breach thereof as the said board of wardens shall deem proper, and the same from time to time to revoke or amend; and the said board of wardens may moreo- or by rever, by their order, absolutely revoke the licence of voking li any pilot or deputy-pilot, or suspend him from acting May re voke pend pilots ties. May make lots and en fines. cence. A.D. 1811 as a pilot or deputy-pilot for such time as they may think proper, for breaking any such rule, order or regulation, or omitting any thing required by the same, or for acting in any manner contrary thereto; Decisions of and in all cases whatever a majority of the said board a majority of wardens shall be sufficient to decide upon any matand binding ter or question before the said board, and the deci to be valid Pilots and cence or hearing sions, acts, orders and proceedings of such majority shall in all cases be as valid, binding and effectual to all intents and purposes as if the said master and wardens had all of them been present and concurred therein Provided, That before any pilot or deputydeputies pilot shall be deprived of his licence or suspended. deprived of from acting thereunder, such pilot or deputy-pilot their li- shall be summoned by a notice in writing to be desuspended livered to him personally or to be left at his usual place without a of abode at least fifteen days before the time specified therein for his appearance, to appear before the said board of wardens at such time as shall be specified in the said notice, to shew cause, if any he may have, against his suspension or the revocation of his licence; and if such pilot or deputy-pilot shall neglect or refuse to appear at the time specified in such notice, before the said board, or if the cause shewn by such pilot or deputy-pilot against his suspension or the revocation of his licence shall not appear sufficient and satisfactory to the said board, it shall and may be lawful for the said board either to revoke the licence of such pilot or deputy-pilot, or to suspend him from acting as a pilot or deputy-pilot, as they may judge revocation proper, and an entry shall be thereupon made in the or suspen- minutes of the said board of wardens of such revocamade in the tion or suspension, with the causes or reasons thereof; Entries of sion to be minutes. Pilots and deputies and any such pilot or deputy-pilot who may think himself aggrieved by the proceedings of the said board under this section, or under any other section of this act, in depriving him of his licence or suspending him from decis from acting thereunder, may at any time within three ions of the days thereafter, appeal therefrom to the mayor or recorder of the city of New-York, or to the governor of the state, in case he shall then be in the city of board of wardens within 3 days. make re fied of such appeal. recorder New-York; and the said board shall, if notified of A. D. 1811 such appeal within the said three days hereby limited and allowed for the making thereof, forthwith certify Wardens to and return their said act and decision in the premises, turn if notiwith the causes and reasons thereof, to the said mayor or recorder of the city, or governor of the state, as the case may be, who, after hearing the proofs and allegations of the appellant and of the said board, shall decide thereon, and confirm or reverse such act and decision of the said board of wardens as to him shall Decision of the gov. seem just and proper, and such decision shall be fi- mayor or nal and conclusive, and shall be reduced to writing final. and transmitted by the said mayor, recorder or governor to the said board of wardens, who shall conform themselves thereto : Provided, That the act of revocation or suspension appealed from shall continue in Act of reforce, and the appellant be absolutely disqualified and suspension disabled from acting thereunder until the same shall in foree unbe reversed; and further, that it shall be the duty of til reversed the said mayor, recorder or governor to decide upon the said appeal, and to transmit his decision to the Gov. mayor said board of wardens within twenty days after the or recorder making of the said appeal by the appellant, and in de- within 20 fault thereof the act and decision appealed from shall days. stand confirmed of course: And provided also, That Present pithe several persons who now are pilots and deputy-deputies pilots of the port of New-York may respectively con- may contintinue in such their respective employments without days withany such licences as aforesaid for the space of thirty" days from the passing of this act, and no longer. vocation or to continue to decide ue for 30 out licence. deputies to to granting V. And be it further enacted, That it shall be the Pilots and duty of the said board of wardens, before they grant a be examin licence to any person applying therefor to act as a pi- ed previous lot or as a deputy-pilot of the port of New-York, to bences. call such applicant before them, and in the presence of one or more of the lincenced pilots of the port of New-York who shall be notified to attend for the purpose, and whose duty it shall be to attend accordingly, and to assist in such examination; or in case of the non-attendance of the pilot or pilots who shall be so notified to attend for that purpose, then without the |