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PART L

Ballast upon pier.

Penalty.

Duty of

owners. &c. in unloading ballast, &c.

Unloading of metals.

twenty-eighth, eighteen hundred and fifty-three, shall be the commissioners under this act.

S 3. It shall not be lawful for any person to throw any ballast, rubbish, ashes or cinders from any vessel, or from any pier or bulkhead into the waters of the docks, slips or harbor of the port of New York, unless to discharge the same immediately into carts. Any person who shall violate any of the provisions of this section shall forfeit and pay to the commissioners the sum of five dollars, and the further sum of two dollars for each and every cubic yard of material so thrown out, and such fine shall be a lien until paid upon any vessel from which such material shall be thrown or discharged.

As amended by Laws of 1858, ch. 226.

$ 4. Every person wilfully throwing or putting any stones, earth, shavings, night soil, dirt or rubbish into any dock or slip in the port of New York, or on any public pier or bulkhead in said port, shall forfeit and pay to the commissioners the sum of twenty-five dollars for each offence; one-half of all fines recovered under this section shall be for the use of the person or persons lawfully entitled to the occupation of such docks, slips or piers. Whenever any horse or cart shall be employed in dumping stones, earth, shavings, night soil, dirt or rubbish into any dock or slip or on any public pier of the port of New York, the fine prescribed by this section shall be a lien until paid upon such horse and cart.

As amended by Laws of 1858, ch. 226.

$5. It shall be the duty of every owner, master, mate, or other person having the charge or management of any vessel from which, or into which, ballast, coal, cinders, stones, bricks, tiles, dung, or any loose matter or thing, shall be conveyed, to fasten canvas, mats or cloths, between the pier or bulkhead and vessel, and between vessels lying along side each other, to or from which such ballast or other loose material shall be conveyed, 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 the violation of any of the provisions of this section, and for each offence, to be paid to the commissioners; and such penalty shall be a lien, until paid, on the vessel from which such ballast, coals, cinders, stone, brick, tiles, dung, or other matter or thing, shall be so conveyed or landed.

As amended by Laws of 1858, ch. 226.

$ 6. It shall not be lawful to throw iron, lead, or any metal, or any package of merchandise weighing over fifty pounds, from a vessel on to a pier in the port of New York, without adequate protection to the planking of such pier, under the penalty of five dollars for each offence, to be paid to the commissioners, and to be a lien on the vessel until paid; nor shall it be lawful for any person or persons to draw or cause to be

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drawn, or trail or drag over any pier in the port of New York, any anchor or blocks of stone, otherwise than upon carts, rollers, wheel carriages or sleds, under the penalty of five dollars for every offence, one-half of which shall be for the use of the person or persons lawfully entitled to the occupation of such pier.

CHAP. XX.

As amended by Laws of 1858, ch. 226.

$ 7. When any slip, or basin, or shoal in the port of New Dredging of York, shall be dredged or excavated, it shall be the duty of slips. the person or persons causing the same to be dredged, to cause the sand, mud, or other material to be removed and deposited in some place above high water mark, or be deposited within a bulkhead for filling, or in some place to be approved by the said commissioners; and any person violating the provisions of this section shall forfeit and pay to the said commissioners the sum of five dollars, one half of which shall be retained by the commissioners for every cubic yard removed.

ing of piers.

§ 8. Whenever any pier or bulkhead in the port of New EncumberYork shall be encumbered, or its free use interfered with by merchandise, lumber, or any other obstruction, whether of loose material, or built upon or affixed to the pier or bulkhead, it shall be the duty of the commissioners to notify the person or persons placing or keeping such merchandise or obstruction on such pier or bulkhead, to remove such merchandise or obstruction within twenty-four hours after such notice; and in case of failure to comply with such notice, and to remove such merchandise or obstruction, the person or persons so notified shall be liable to pay to the commissioners the sum of twenty-five dollars for each and every day during which such merchandise or obstruction shall remain on such pier or bulkhead; and the commissioners shall have power, in their discretion, to remove any merchandise so encumbering any pier or bulkhead, and to store the same in a warehouse or other proper receptacle; and a sum equal to the amount of the expenses of removal, together with the charges for storage, shall be paid by the owner of such merchandise to the commissioners, and shall be a lien on such merchandise until paid.

As amended by Laws of 1858, ch. 226. [ 9 repealed by Laws of 1862, ch. 428.]

of unclaim

$10. At the expiration of every six months it shall be the Advertising duty of the said commissioners to advertise, for one week in ed merchanthree or more daily papers in the cities of New York and dise. Brooklyn, the merchandise which they have stored and which has remained unclaimed, setting forth the marks and numbers of each package, the description of the merchandise, the pier whence such merchandise was removed and the date of such removal, and if any of such merchandise so advertised shall remain thereafter unclaimed for three months, the said commissioners may then sell the same, after further advertisement

for one week in three or more of the daily papers published in the cities of New York and Brooklyn, at a public auction, to the highest bidder, to pay the expenses which have been incurred on such merchandise, and the remainder shall be held in trust by the said commissioners for the owner or owners thereof, for twelve months, when if not claimed it shall form part of the fund of said commissioners.

Cleaning of

S 11. It shall be the duty of said commissioners to require piers, &c. the lessees or occupants of the public piers and bulkheads in the cities of New York and Brooklyn, to keep the said piers and bulkheads clean and in good repair; and they shall specify in such notice the particulars of the repairs required by them to be made; and if when so notified to clean and repair any public pier or bulkhead, the lessee or occupant shall refuse so to do in accordance with the notice and specification of the commissioners, he shall be liable to pay to the said commissioners a fine of five dollars for each and every day during which he shall neglect or refuse to clean or repair such pier or bulkhead.

As amended by Laws of 1858, ch. 226.

PART I.

Buoys and beacons.

Fish poles.

Lighters.

Violations.

S 12. Any person mooring any vessels to any of the buoys or beacons placed in the harbor of New York by the United States light house board, or in any manner hanging on with a boat or vessel to any such buoy or beacon in said harbor, shall forfeit and pay to the commissioners of the port the sum of fifty dollars for every offence; and any person who shall wilfully remove any such buoy or beacon, shall be deemed guilty of a misdemeanor, and in addition to the punishment which may therefor be inflicted, he shall forfeit and pay to the said commissioners the sum of two hundred and fifty dollars for every offence.

S 13. It shall not be lawful, except in cases now provided by law, for any person to erect or drive in the soil under water in the harbor of New York, any poles for the purposes of fishing, where the water is of greater depth than six feet at mean low tide, under the penalty of five dollars for each pole erected or driven contrary to the provisions of this section; and it shall be the duty of the said commissioners to cause the same to be removed.

$ 14. It shall be the duty of the owner or owners of every lighter engaged exclusively in the business of lightering in the port of New York, to cause the name and place of business of one of the owners thereof to be painted in letters at least three inches long on the sides of his lighter; and in default thereof he shall forfeit and pay to the said commissioners the sum of five dollars; and for each and every week the owner of said lighter shall neglect to cause his name so to be painted on his lighter, after being notified, he shall forfeit and pay the sum of ten dollars.

S 15. It shall be the duty of the harbor masters and pilots of the port of New York to report to said commissioners all

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violations of this act, which may come to the knowledge of
said harbor masters or pilots, or which may be made known to
them by complaint or otherwise.

$ 16. The act entitled "An act to amend the act entitled
an act relating to the harbor masters of the port of New
York, passed March sixteenth, eighteen hundred and fifty,"
passed April seventeenth, eighteen hundred and fifty-one, is
hereby repealed.

penalties.

$ 17. All fines and penalties incurred and recovered under Fines and this act, which are recoverable by or in the name of the commissioners under this act, shall be paid, except as otherwise provided in this act, into the treasury of this state, and the treasurer shall keep account of the same, and he shall pay to the said commissioners annually the expenses incurred, and hereafter to be incurred, by the said commissioners under the act, to be certified to him by the president and secretary of said board, not exceeding five thousand dollars per annum, and the further sum of five thousand dollars, to be divided between them as follows: to the president of the board the sum of two thousand dollars, and to each of the other commissioners the sum of seven hundred and fifty dollars per

annum.

As amended by Laws of 1858, ch. 226.

$18. All the fines and penalties incurred under this act . shall be recoverable by and in the name of the said commissioners.

In all cases when the fines and penalties prescribed by this act are made liens upon property they shall be enforced by attachments issued by the court where the proceedings for the recovery of such fines and penalties shall be pending to the officers to whom executions of such courts are issued, and shall be enforced and discharged in like manner as attachments against property of non-resident debtors, and the said commissioners shall have power, in their discretion, to remit any fines or penalties incurred under this act.

For the purposes of this act all piers and bulkheads shall be deemed and taken as extending into the adjoining streets in the rear a distance of six feet.

As amended by act of 1858, ch. 226.

CHAP. 763.

AN ACT to establish bulkhead and pier lines for the port
of New York.

CHAP. XX.

PASSED April, 17, 1857. .

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

51. The bulkhead line or line of solid filling, and the pier Lines es line, adjacent to the shores of the port of New York, are here

tablished.

by declared and established to be the bulkhead and pier lines recommended to the legislature by the commissioners appointed under the act entitled, "An act for the appointment of a commission for the preservation of the harbor of New York from encroachments, and to preserve the necessary navigation thereof," passed March thirty, eighteen hundred and fifty-five, in their reports of January twenty-seven, eighteen hundred and fifty-seven, and March eighteen, eighteen hundred and fifty-seven, and as laid down on the maps accompanying said reports, entitled "Atlas of New York harbor, made under the direction of the harbor commission," in two volumes, except that the exterior or pier head line from Ninth street extended to Forty-ninth street, on the New York side of East river, shall be the same as in the line recommended by the committee of commerce and navigation of the senate, in their report of March seventeenth, eighteen hundred and fifty-six, and on the maps hereinafter referred to, in red ink; and a sea wall shall be erected on that line from the north-east corner of the bulkhead at the foot of Seventeenth street, to Thirty-eighth street, with openings of not less than one hundred feet, and at distances of not less than four hundred and fifty feet apart from centre to Erection of centre; and the whole water space between the bulkhead line hereby established, and the sea wall between Seventeenth and Thirty-eighth streets, shall be appropriated for piers, on piles or blocks and bridges, and wet basins, and a continuous bulkhead from Thirty-eighth to Forty-ninth street, which bulkhead shall be the exterior line, and line of solid filling; but no pier, or other erection or structure, shall be made outside of the said sea wall or bulkhead from Seventeenth to Fortyninth street, that is to say:

piers.

PART I

Sea wall.

Description of line of sea wall.

1. Maps of the shores of the city and county of New York. 2. From a point one mile north of Spuyten Duyvil creek, on the east shore of the Hudson river; thence southerly to the entrance and along the north shores of Spuyten Duyvil creek and Harlem river, and easterly along the north shore of the East river, to Throg's Neck, in the county of Westchester.

3. From the entrance to Little Neck bay, in the county of Queens, westerly along the south shore of the East river, including Flushing and Gowanus bays, and Newtown creek, to the westerly end of Coney island, in the county of Kings.

4. The easterly shore of the county of Richmond, to the entrance of the Kill van Kull, and thence along the southerly shore of the Kill van Kull, and the southerly and easterly shores of Arthur's kill, or Staten Island sound, to a point "opposite to the entrance of Woodbridge creek, in the State of New Jersey.

5. From the middle of the Kill van Kull, at its entrance from the bay of New York; thence northerly along the westerly shore of the said bay, and along the westerly shore of

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