with the above section. the fleet of yachts of any incorporated yacht club, or the yawls of such yachts, may be registered by its name, with the name and residence of its owner, and a description or copy of its private signal, with the bureau of boat inspection. And every incorporated yacht or boat club shall adopt a device or emblem which, instead of the number and the word "licensed," and with the name of such yacht or boat, shall be painted or otherwise permanently and conspicuously placed upon the outside of each vessel or boat belonging to such club; and a copy of such device or emblem, with the club signal, shall be filed in said bureau. Upon any such yacht or boat so registered ceasing to become the property of any member or members of the club in which it was enrolled at the time license was issued therefor, it shall be the duty of the owner of such yacht or boat to cause said device or emblem to be erased from such yacht or boat, and to notify the inspector of boats, in writing, of such sale. And every license and permit granted, as herein provided, may be revoked by said board at any time on good cause shown, after reasonable notice to the person or persons receiving the same, and opportunity to be heard in relation to the reasons for such revocation. Penalty $ 19. Every person who shall use any boat or vessel on any for failing to comply waters within the limits of the metropolitan police district, without first obtaining a license, authorizing such use and employment; or who shall so use any boat or vessel, without having her name, number, and the word "licensed," or the club device and emblem, painted or placed thereon, as herein provided; or who shall use any boat or vessel, upon the waters within the limits aforesaid, upon which any name or number shall be painted, with the word "licensed," or the club device or emblem thereon, when, in fact, no license has been issued to said boat or vessel; or who shall use said boat or vessel for a purpose not specified in the license therefor; or who shall counterfeit or unlawfully use the mark, brand, emblem or device placed upon or private signal used by any boat or vessel, by or under the direction of the board of metropolitan police; or counterfeit or unlawfully use or cause to be used, or unlawfully detain in his or her possession, any badge or device, designed by said board for the use of licensed boatmen; or who shall unlawfully convey any person to or from any vessel, shall be guilty of a misdemeanor; and, on conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment not less than one month nor more than six months, or by both such fine and imprisonment; and such offender shall forfeit the sum of fifty dollars in addition thereto, to be sued for and recovered by the commissioners of metropolitan police, in their name of office, by such attorneys as they may select; and they shall have power to seize and take possession of any boat or vessel so used, and hold the same as a security for the payment of said penalty; and in case the same shall not be paid within ten days after the commission of said offense, the said board of metropolitan police may sell and dispose of said boat or vessel at public auction, upon a notice of three days, to be published in two newspapers of the city of New York; and the proceeds arising from such sale, after the payment of the expenses thereof, and of taking care of said boat or vessel, shall be applied as hereinafter directed. visit out Incoming $20. No person, except an owner or consignee or licensed License to pilot, shall go on board of or communicate with any outgoing going and or incoming vessel in the harbor or bay of New York, or else- boats. where within the waters of said district, before such vessel shall have anchored at the place for the discharge of her cargo, or receiving of a cargo thereon, without first procuring a license or permit therefor from said board of metropolitan police, in such manner and form as said board may prescribe. Said licenses and permits shall be renewed from year to year; and for every such license and permit, and for every renewal thereof, said board may demand and receive a license fee not exceeding five dollars; and they shall issue to all owners and consignees permits to board vessels, in person or by their authorized agents, in such form as they, the said board, may deem proper; and said board shall receive for every such permit the sum of one dollar yearly. No boatman shall convey any sailor or seaman, or any freight, baggage or property whatever, from any vessel lying in the stream or bay at anchor or at the pier, to the shore or to any other vessel, without the written permission of the captain or officer in charge of the vessel from which said persons or property are taken. policemen. $21. It shall be the special duty of the members of the special metropolitan police force to guard against any violation of duties of the provisions of this act; and it shall be their duty and they shall have power to go on board and take possession of any boat or vessel which they shall see in any manner employed or used contrary to the provisions of this act; and to arrest and take before any magistrate in the metropolitan police district, any person or persons in charge thereof, and make complaint against him or them for such offense; and it shall thereupon be the duty of such magistrate to hold said person to bail for his or her appearance at the next court of general sessions of the peace, to be held either in the county of Kings or in the city and county of New York, in like manner as in other cases of misdemeanor; or, in default of such bail being given, said magistrate shall, by a proper commitment, under his hand and seal, commit such offender to the county jail of Kings county, or to the city prison of the city of New York, there to remain until discharged according to law. and penal be placed to License fees $22. All license fees and penalties collected by said comties, etc., to missioners, and the net proceeds arising from all sales of boats or vessels, as herein before provided, shall be paid in to the treasurer of the metropolitan police, and placed to the credit of the metropolitan police fund. the credit of police fund. Number of boats to any $ 23. Nothing in this act contained shall be construed to include or apply to any boat or vessel enrolled, licensed, or registered under the laws of the United States; or to any boat or vessel used by any public officer in the discharge of his duties; or to any ferry-boat operated by steam power; or to any foreign ship or vessel, or to any row-boat belonging to the same while used in conveying her master or crew to or from said vessel while in port; or to any canal boat; or any yawl boat belonging to any registered, licensed, or enrolled boat or vessel while used in the legitimate business of said boat or vessel, or any boat used by a licensed pilot. No person shall be conveyed to or from any outgoing or incoming vessel in the harbor or bay of New York, or elsewhere within the waters of said district (other than an officer thereof), by any tug or pilot boat, unless said person shall produce a license or permit from said board authorizing him to go on board of such vessel; and any person violating the provisions of this section shall be deemed guilty of misdemeanor; and, on conviction thereof, shall be punished as provided in section five of the act hereby amended. $24. Boats to carry passengers to and from vessels shall passenger be located at such points and in such numbers as the shipone pier to ping interests of the particular locality shall, in the judgment be limited. of the said board, require, not exceeding ten at any one pier or stairs. All boats used to carry passengers and attend shipping shall be of such uniform color, and all boats used for gathering junk shall be of such uniform color, as said board may decide and order. Every person applying for a license to attend shipping and carry passengers shall furnish satisfactory proof of his qualifications as a boatman; and no person shall be entitled to receive such license unless he is a professional boatman, and is a citizen of the United States, and owner of the boat to be used; nor shall any person receive license for using a junk boat, except he be a citizen of the United States and a resident of the metropolitan police district. Each boatman licensed to attend shipping and carry passengers shall, at all times, while pursuing his business as boatman, wear a suitable badge, to be designed and provided by said board of metropolitan police, the expense thereof to be paid by said boatman; and whenever any person shall cease to be a licensed boatman, from any cause whatever, said badge shall be returned to said board. Every boatman licensed to attend shipping and carry passengers shall be permitted to employ an assistant for the purpose of aiding in the management of his boat; and said board are to be trans hereby authorized to issue permits authorizing the employment of such assistants, provided they shall be satisfied that the person so to be employed is of good character, and is otherwise a proper person to be so engaged. Said permits shall be renewed, from year to year, upon application; and for every permit so issued, and for every renewal of same, said board may demand and receive the sum of three dollars. $25. No license or permit issued under this act shall be License not transferable, nor shall the person to whom a license or permit ferred. is issued permit any other to act under the same, except that in case of sickness or disability of the licensee, the said board may, in writing, permit another person to act for and on behalf of such sick or disabled person, during such sickness or disability, and they may revoke such permission at pleasure; and all provisions and penalties applying to persons licensed under this act shall apply to all persons to whom such permission may be granted, as aforesaid. All licenses and permits issued under this act shall expire on the first Monday in June next succeeding the date thereof. to conflict $26. Nothing in this act shall be deemed to conflict in any This act not manner with the quarantine laws, or with the rules and regu- with quar lations of the health officer of the port of New York; nor antine laws. shall any permit or licenses, issued under the act hereby amended, authorize any person to visit any ship or vessel under quarantine, without the authority of the health officer of the port of New York, or the metropolitan board of health. $27. It shall not be lawful to place, or caused to be placed, any obstruction or impediment at or around the landing of the stair cases at the terminus at each end of the Harlem and Coles' bridge, the creation of which shall be deemed a misdemeanor, punishable, on conviction, by a fine of not more than twenty-five, nor less than ten, dollars. And the metropolitan police department of the county of New York is hereby charged with the execution of the provisions of this act. CHAP. 814. AN ACT to amend an act entitled "An act to prevent animals from running at large in the public highways," passed April twenty-third, eighteen hundred and sixtytwo, and to create a short bar to actions arising under said act. PASSED May 9, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. The first section of an act entitled "An act to prevent animals from running at large in the public highways," passed April twenty-third, eighteen hundred and sixty-two, is hereby amended so as to read as follows: Duty of etc. 1. It shall not be lawful for any cattle, horses, sheep, highways, Swine or goats to run at large in any public street, park, place or highway in this state; and it shall be the duty of every overseer of highways within his district, and of every street commissioner in any incorporated village, to seize and take into his possession, and keep till disposed of according to law, any animal so found running at large. And any person Penalty for suffering or permitting any animal to so run at large in violation of this section shall forfeit a penalty of five dollars for every horse, swine or cattle, and one dollar for every sheep or goat so found, to be recovered by civil action, by any inhabitant of the town, in his own name or in the name of the overseers of the poor of the town, or by the proceedings hereinafter provided. violation of section. Seizure of cattle running at large. Proceedseizure. Ante, vol. 3, p. 547. $ 2. Section two of said act is hereby amended so as to read as follows: § 2. It shall be lawful for any person to seize and take into custody, and retain till disposed of as required by law, any animal which may be in any public highway and opposite to land owned or occupied by him, contrary to the provisions of the foregoing section, or of any animal which may be trespassing upon premises owned or occupied by him. Ante, vol. 3, p. 547. S3. The third section of said act is hereby amended so as to read as follows: §3. Whenever any such person or any officer shall seize ing after and take into his possession any animal under the authority of the preceding sections, it shall be the duty of such person Complaint. Or officer to make immediate complaint in writing, under oath, stating the facts, to a justice of the peace of the town in which such seizure occurred; and such justice shall thereupon have jurisdiction to hear and determine such matter, and shall thereupon proceed in the same manner as in civil actions, except as specially changed in this act, and shall forthSummons. with issue a summons, under his hand, stating the fact of such seizure and complaint, and requiring the owner of such animal, or any party having an interest in the same, to show cause before such justice, at a time and place to be specified in said summons, why such animal should not be sold and the proceeds applied as directed by this act; such time shall not be less than ten nor more than twenty days from the Service of issuing of such summons. The said summons may be served by any constable of the said town or by any elector thereof authorized so to do by the said justice in writing thereon; Posting of such service shall be made by posting the same in at least six public and conspicuous places in said town, and one of said places shall be the nearest district school-house, unless the said seizure shall have been made within the bounds of an incorporated village, having the schools in charge of a board summons. summons. |