Proviso

A. D. 1811. those cases, and in all other cases they may demand and receive such rates of pilotage as shall be established by the board of wardens aforesaid for such pilots: Provided, That nothing shall be demanded or received from the master or owner of any vessel employed in the coasting trade, and sailing under a coasting licence through the East river or Sound, commonly called HellGate, unless such vessel shall make the signal for a pilot.

Each boat

apprentices

XXVI. And be it further enacted, That the master to have two and owner of each pilot boat for piloting by way of Sandy-Hook shall not have less than two apprentices attached to each boat, whose time of service shall be for not less than five years; and it shall be the duty of the said master or owner to attend to the instruction of said apprentices in the art and mystery of a pilot; and it shall be the duty of the said board of wardens, together with any two or more licenced pilots, whose attendance the said board of wardens shall require for that purpose, at least once during the last year such apprentices shall serve, to examine them touching their knowledge of the tides, bearings and distances of the several shoals, reefs, bars, points of land, and every other matter they or any three of them the said board of wardens may think proper, tending to promote the safe navigation of vessels between the city of New-York and Sandy-Hook.

Lead to be

XXVII. And be it further enacted, That it shall be ́ regularly the duty of every licenced pilot or deputy-pilot, upon lots and dep taking charge of any vessel, either outward or inward uties bound, to cause the lead to be regularly hove.

hove by pi

Master and

be survey

aged goods

XXVIII. And be it further enacted, That the said wardens to master and wardens of the said port of New-York, or ors of dam- any two of them, shall be surveyors of all damaged and vessels goods brought into the said port of New-York in any ship or vessel, and with the assistance of one or more skilful carpenters, shall be surveyors of any vessel deemed unfit to proceed to sea; and the said master and wardens, or any two of them, shall be judges of the repairs which may be necessary for the safety of such vessel on the intended voyage, and in all cases of vessels and goods arriving damaged, and by the owner or consignees required to be sold, such sales shall be made under the inspection of the master and wardens, or some one of

made un

them, which master and wardens shall, when required A. D. 1811.
by the owner or consignee aforesaid, certify the cause Sales there
of such damage, the amount of sales of such vessel and of to be
goods, and the charges attending such sale, and shall be der their in
allowed for their services at and after the rate of two spection.
per cent. on the gross amount of sales thereof; and for Allowance
each and every survey on board any ship or vessel, or for their
at any store in the city of New-York, or along the docks services
or wharves thereof, on damaged goods, they shall sev-
erally be allowed the sum of one dollar and fifty cents;
for each and every certificate given in consequence of
damaged goods, one dollar and twenty-five cents; and
for every survey on board any ship or vessel put into
the said port in distress, to ascertain the damages sus-
tained, they shall severally be allowed the sum of two
dollars and fifty cents, and for each and every certificate
given of damages sustained by any ship or vessel put
into the said port in distress, and recording the same,
two dollars and fifty cents.

ments grant

XXIX. And be it further enacted, That all the emol- Emolu uments granted to the master and wardens by this act ed to the shall be equally divided among them, except that the board of master shall be entitled to two hundred and fifty dollars how disposannually more than any of the said wardens.

wardens

ed of

penalties

ed

XXX. And be it further enacted, That all forfeitures, Fines and fines and penalties which shall or may be recovered and not other received by the said board of wardens under and by ed of, how wise dispos virtue of this act, and not otherwise appropriated, shall appropriatbe applied in the first instance for, in or towards the payment of such costs of suit and disbursements of the said board of wardens in their prosecutions and proceedings under this act against offenders, as shall not be received by them from the party or parties so prosecuted or proceeded against, and the overplus and residue thereof, if any overplus thereof shall be, shall be accounted for and paid over on the first Monday in June in each and every year, to the trustees of the "Sailor's Snug Harbor" in the city of New-York, for the use and benefit of that corporation.

XXXI. And be it further enacted, That all former Former acts and laws of this state concerning the master and acts repealwardens and pilots of the port of New-York, and every

ed

A.D. 1811 matter and thing relative thereto, be and the same are

hereby repealed.

CHAP. CXCIX.

An ACT explanatory of the fifth section of the act en-
titled "An act concerning the president and directors
of the Mohawk bridge company.'

W

Passed April 9th, 1811.
HEREAS doubts have arisen as to the con-
struction of the fifth section of the act entitled
"An act concerning the president and directors of the
Mohawk bridge company.'
And whereas the privi-
leges given by the said fifth section were intended to be
extended to all descriptions of people going to public
worship from the fourth ward to the first and second
wards of the city of Schenectady, or returning there-
from: Therefore,

Be it enacted and declared by the people of the state
of New-York, represented in senate and assembly, Thạt
no toll shall be demanded from any person whatever
passing said bridge going to public worship from the
fourth to the first or second wards of said city of Sche-
nectady, or returning therefrom; and if any toll-gath-
erer shall at any time demand and receive toll from
any person crossing the bridge over the Mohawk
river at the city of Schenectady, going to or returning
from public worship, contrary to this act, he shall for-
feit to the party aggrieved, or to the parent, master or
guardian of any person under the age of twenty-one
years, the sum of five dollars, to be recovered in an
action of debt before any court having cognizance

thereof.

CHAP. CC.

An ACT for the more effectual inforcement of the pro-
visions contained in an act entitled "An act for the
further encouragement of Steam Boats on the waters
of this state, and for other purposes.'

I.

Passed April 9th, 1811.
E it enacted by the people of the state of New-
York, represented in Senate and Assembly, That

BE

the several forfeitures mentioned in the act entitled

!

time forfei

travening

of former

"An act for the further encouragement of steam boats A. D. 1811.
on the waters of this state, and for other purposes," At what
passed the eleventh day of April, one thousand eight tures of
hundred and eight, shall be deemed to accrue on boats con-
the day on which any boat or boats moved by steam provisions
or fire, not navigating under the licence of Robert R. act deemed
Livingston and Robert Fulton, their associates or as- to accrue.
signs, shall navigate any of the waters of this state, or
those within its jurisdiction, in contravention of the
Remedy of
said act; and that Robert R. Livingston and Robert R. Living-
Fulton, their associates and assigns, shall and may be sociates.
entitled to the same remedy, both in law and equity,
for the recovery of the said boat and engine or boats
and engines, tackle and apparel, as if the same had
been to tortiously and wrongfully taken out of their
possession.

ston and as

to

II. And be it further enacted, That when any writ, Writs of insuit or action is brought for the recovery of such for-issue. feitures, the defendant or defendants to such writ, suit or action, the captain, mariners and others employed in so navigating in contravention of the said law, shall be prohibited by writ of injunction from navigating with or employing the said boat or boats, engine or engines, or from removing the same or any part thereof out of the jurisdiction of the court, or to any other place than that which shall be directed for their safe keeping by the court during the pendancy of such suit or suits, action or actions, or after judgment shall be obtained, if such judgment shall be against the defendants, or the matter or thing forfeited.

enjoined

vent delay.

III. And be it further enacted, That when the plain- Rules to be tiffs shall elect to sue out an injunction, the court upon plaingranting the same shall impose upon them such rules till to preas may appear just and proper, to prevent unnecessary delays in bringing such suit to issue and trial : Provided always, That nothing in this act shall be deemed or construed to extend or apply to the two Certain boats or vessels commonly called steam-boats, belong-ceptedfrom ing to Hamilton Boyd, Isaiah Townsend, Robert R. the operaHenry and their associates, or to the captain, mari- act. ners and others employed in navigating the same,

boats

tions of this

A. D. 1811. which boats or vessels were lately launched at the city of Albany, nor to the steam boat which during the last summer plied on Lake Champlain, and is said to belong to James Winants and his associates, or to the captain, mariners or others employed in navigating the same, but in regard to the said three boats or vessels the said Robert R. Livingston and Robert Fultoh, and their associates or assigns, shall have and enjoy all the remedies heretofore provided in and by or resulting from any former law or laws of this state, and the relative rights and remedies of the respective parties in relation to the three boats or vessels above mentioned, shall be and remain as if this act had not been passed.

CHAP. CCI.

An ACT to prevent frauds and perjuries at elections, and to prevent slaves from voting.

Passed April 9th, 1811. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That Oaths to be instead of the oaths prescribed in the seventh section electors for of the act entitled "An act for regulating elections," gov. and passed the twenty-fourth day of March, one thousand Senators eight hundred and one, to be tendered and administer

tendered to

gov. lieut.

ed to any person presenting himself to vote for a governor, lieutenant-governor and senators, or either of them, and who shall be suspected or challenged to be unqualified in the manner therein mentioned, the inspectors therein mentioned shall tender and administer the following oath, to wit: "I do solemnly and sincerely swear and declare (or affirm) in the presence of Almighty God, that I am a natural born, or naturalized citizen of the state of New-York, or of one of the United States, of the age of twenty-one years, according to the best of my knowledge and belief, and am a freeholder, possessed of a freehold in my own right, (or in the right of my wife, as the case may be,) of the value of two hundred and fifty dollars, within this state, over and above all debts charged thereon, and that I have not become such freeholder fraudulently, for the purpose of giving