the Hudson river, in the State of New Jersey, to a point opposite to the entrance of Spuyten Duyvil creek. 6. The several islands in the harbor of New York. CHAP. XX. S2. It shall not be lawful to fill in with earth, stone, or Filling in. other solid material in the waters of said port, beyond the bulkhead line or line of solid filling hereby established, nor shall it be lawful to erect any structure exterior to the said bulkhead line, except the sea wall mentioned in the first section of this act, and piers which shall not exceed seventy feet in width respectively, with intervening water spaces of at least one hundred feet, nor shall it be lawful to extend such pier or piers beyond the exterior or pier line, nor beyond, or outside of the said sea wall. § 3. It shall be the duty of the said commissioners, within Maps. thirty days from the passage of this act, to verify by their signatures, and to file in the office of the secretary of state, there to remain of record the aforesaid maps, together with a minute written description, by courses and distances, as far as practicable, of the aforesaid lines in front of the cities of New York and Brooklyn, verified in like manner, and file a copy of the description of the said courses and distances in the office of the street commissioner of the city of New York, and the term of the said commissioners is hereby extended to the fifteenth day of May next. CHAP. 522. AN ACT to prevent encroachments and obstructions in the harbor of New York, and to authorize their removal, and to correct the harbor commissioners' lines. PASSED April 27, 1860; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. It shall not be lawful to obstruct or interrupt the navigation of the waters of the port and harbor of New York by any incumbrance whatever; and in case of any such obstruction or interruption by reason of any sunken vessel or other thing, the board of commissioners of pilots shall notify the owner or owners of such vessel or thing, if such owner or owners are within the city and county of New York, and are known to them, to remove the same within three days after such notice; and in case such owner or owners are not known to the said board of commissioners of pilots, or are not within the said city and county of New York, or fail to comply with such notice, the said board of commissioners of pilots shall cause the said obstructions to be removed, and the expenses of such removal shall be paid by the county within whose Port and New York clear of ob structions. harbor of to be kept PART I. heads or tures may to remain beyond cer jurisdiction such vessel or thing shall be, and shall be recoverable from the owner or owners of such vessel or thing, by and in the name of the board of supervisors of such county; such expenses shall also be a lien on the vessel or thing so removed, until paid. Piers, bulk- $ 2. It shall not be lawful for any person to build, erect or other struc- maintain any pier, bulkhead, or other structure, or to fill in not be built with earth or other material, in the waters of the harbor of or suffered New York, beyond the exterior line defined and recommended by the commissioners for the preservation of the harbor of New York, and established in and by chapter seven hundred and sixty-three, of the Session Laws of eighteen hundred and fifty-seven; and in case of the building or erection of any such pier, bulkhead or other structure, or of maintaining of any such pier, bulkhead or other structure, whether now existing or hereafter erected, the board of commissioners of pilots shall notify the person or persons building, erecting or maintaining the same, within a time to be prescribed and specified in their notice; and in case of failure to comply with such notice, the said board of commissioners of pilots shall have the power to cause so much of such pier, bulkhead or structure, as is beyond the exterior line so defined and established, to be forthwith removed, and the person or persons who built or maintained the same shall be liable to pay all expenses of such removal, to be recoverable by and in the name of the board of commissioners of pilots, and shall also pay a fine of twenty-five dollars a day, for each and every day during which such obstruction shall remain after such notice, and until such pier, bulkhead or other encroachment shall have been removed, as herein provided. This section shall not apply to piers or bulkheads built before the establishment of said exterior line. Line of bulkhead and pier. $3. The act entitled "An act to establish bulkhead and pier lines for the port of New York," passed April seventeenth, eighteen hundred and fifty-seven, is hereby amended so as to read as follows: The said bulkhead and pier line shall be altered so as to read as follows: Beginning at an angle in the exterior water line, of land under water, granted to Gouverneur Morris, of Morrisania, in the county of Westchester, by the commissioners of the land office of this state, which angle in said line is distant five hundred and thirty feet southeasterly at right angles from a projection northeasterly of the southeasterly side of First avenue, in the village of Port Morris, and distant three hundred and forty-two feet northeasterly from a projection southeasterly of the northeasterly side of First street, in said village; thence running northeasterly, on a curve, nearly parallel to the said bulkhead and pier line, ten hundred feet, to a point in the East river, which is distant one hundred feet outside of low water mark, opposite a point of rocks east of Port Morris; thence running northeasterly parallel to the said bulkhead and pier line, seven hundred feet; thence northeasterly in a straight line, eleven hundred feet more or less, to a point in the said bulkhead and pier line which is in front. of a point of rocks projecting into the river next westerly of Rutger's Point, as the same is laid down on the Harbor Commissioners' map, now on file in the office of the Secretary of State. CHAP. XX. CHAP. 69. AN ACT concerning the pilots of the channel of the East river, commonly called Hellgate. PASSED April 15, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. There shall be appointed, in manner hereinafter di- Pilots to be rected, fit and proper persons to act as pilots, for the safe appointed. pilotage of vessels through the channel of the East river, commonly called Hellgate, who shall be known as Hellgate pilots and hold their offices during good behavior; and all those who are now pilots by the way of Hellgate, shall be considered as pilots under this act. on recom. of wardens. $2. All pilots hereafter to be appointed, shall be appointed to be comby the governor, by and with the consent of the senate, and missioned shall be commissioned by the governor, in like manner as all mendation other persons appointed to office by him with the consent of the senate. It shall be the duty of the board of wardens of the port of New York, to recommend such suitable and experienced persons to act as such pilots, as shall apply for such recommendation, and to make a list of the person or persons so recommended; which list shall be transmitted to the governor of the state, whose duty it shall be to present the same to the senate, for their confirmation or rejection. And in making the selection of names for said list, they shall be chosen first from those now acting as deputy pilots; and secondly from those now acting as apprentices, who have served the time required by their indentures of apprenticeship, and who have passed or shall pass the necessary examination, and shall have acted for two years as deputy pilots; and thirdly from those who are now apprenticed, after they shall have served the time required by their indentures, passed the requisite examination, and acted for two years as deputy pilots. ces and de All apprentices shall hereafter serve as such for the period Apprentiof three years, and until they attain the age of twenty-one puty pilots. years, and shall act two years in addition as deputy pilots after that period, and after they have passed the requisite examination, and received from the board of wardens a certifi PART L establish rules. cate entitling them to serve as such deputy pilots; all apprentices shall hereafter be examined twice during the last year of their apprenticeship, before the board of wardens of the port of New York, whose duty it shall be to examine said apprentices, in the presence of at least two of the Hellgate pilots, who shall be invited to attend at, and assist in said examination; and the indentures of all apprentices under this act, shall be filed in the office of the board of wardens, within ten days after the same shall have been executed. Wardens to $ 3. The board of wardens of the port of New York, shall have power and authority, to make and establish such rules, orders and regulations, not inconsistent with the constitution and laws of this state, or of the United States, or of the provisions of this act, for the better government of said pilots; and with such fines and penalties for the breach thereof, as the said board of wardens may from time to time direct; and to revoke, annul or alter the same as often as they may deem proper and expedient. Said board of wardens shall have such rules, orders and regulations entered at length upon the minutes of said board, and shall furnish to each of said pilots a copy of said rules, orders and regulations, and shall furnish each of said pilots with a copy of any additional rule, order or regulation, or of any abrogation, alteration or amendment thereof. nizance of To have cog- S 4. Said board of wardens shall have cognizance of all complaints. complaints made against any or either of said pilots, for official misconduct. Upon the reception of any complaint as aforesaid, against either of said pilots, it shall be the duty of said board of wardens, to furnish the pilot complained of with a copy in writing, of said cause of complaint; which copy shall contain, as near as may be, a full specification of the charges preferred against said pilot, with a notice affixed thereto, of the time (not less than six days) and place, when they, the said board of wardens, may or shall require said pilot to appear before said board, to answer the charges made against him; but no charges shall be received, unless the same is verified by the oath of the person preferring the same. Upon said pilot appearing before the board of wardens, it shall be their duty to take testimony and to examine into the facts and circumstances of the case, and if after a full hearing of the case, and of competent proof, tending to establish said charge, a majority of the whole board of wardens shall deem said pilot guilty of official misconduct, they the said board of wardens, shall have full power and authority to suspend said pilot. It shall be the duty of said board of wardens, to transmit to the governer of this state, within ten days after such suspension, a full account of their proceedings in the premises, with a copy of the complaint and specifications, and also a copy of the testimony taken in the case. It shall be the duty of the governor, upon a review of the whole matter, either to remove the said pilot from office, or to annul or confirm his suspension, as to him shall appear just and proper in the pre CHAP. XX. keep two or boats. mises. $5. It shall be the duty of the said pilots to keep two or Pilots to more good and sufficient deck boats, of not less than twenty more deck tons burthen, on the East river, and no more than seven pilots shall be interested in one deck boat, and no apprentice shall be taken by the said Hellgate pilots, but in the said deck boats; and no person who is not a regularly licensed Hellgate pilot, shall own any part of any boat engaged in the said pilot business, under pain of a forfeiture of such parts or shares owned by him, to be sued for and recovered by the said board of wardens; and all deck boats belonging to said Hellgate pilots, shall be registered in the office of the said board of wardens. $6. It shall be lawful for any such pilot to demand and Rate of pilotage to receive from any person who shall employ any of them to be charged. pilot any vessel of the burthen of ninety-five tons and upwards, or from the consignee or owner of said vessel, from the eastward of Sand's Point or Execution Rocks, or take charge of any such vessel, at or to the eastward of Sand's Point or Execution Rocks, and pilot her to the port of New York, or to pilot her from the port of New York to Sand's Point or Execution Rocks, for every vessel, one dollar and fifty cents for each and every foot of water such vessel may draw; and from the eastward of Hellgate to the port of New York, one dollar for each and every foot of water such vessel may draw; and for pilotage from the port of New York to the eastward of either of the before mentioned points or places, they shall be entitled to receive the same compensation as is above provided when the said vessel is bound to the port of New York. And every pilot shall, for such services, be entitled, in addition to the above mentioned rates of compensation, to demand and receive the further sum of twenty-five cents for each and every foot of water which any square rigged vessel may draw, which they shall pilot to or from the port of New York; and every such pilot who shall have piloted any ship or vessel into the port of New York by the way of Hellgate, shall be entitled to a preference in piloting the said ship or vessel out of the said port on the next outward voyage of the said ship or vessel, if the said voyage be by the way of Hellgate. And further, from the first day of November, to the first day of April in every year, every such Hellgate pilot shall be entitled to demand and receive for every ship, barque or brig, the sum of two dollars, and for every schooner or sloop, the sum of one dollar, in addition to the rates of compensation for pilotage hereby established. And every master or commander of any vessel, who shall give to such Hellgate pilot, an untrue account of the draft of water or tonnage of his vessel, shall forfeit and pay the sum of twenty-five dollars, to be sued for and recovered by the said board of wardens. $7. Any of said Hellgate pilots, who shall first tender his Rights of pilot first |