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York harbor.

port of New York, below Spuyten Duyvel creek, into New on the River Hudson, or below Throg's point on the East river, nor in the bay, inside of Sandy hook, any cinders or ashes, under the penalty of twenty-five dollars for each offense, recoverable against such person or from the steamer from which the cinders or ashes were thrown.

rubbish, &c.

§ 373. No person shall in the port of New York Ballast, throw any ballast, rubbish, ashes or cinders, from any vessel or lighter, or from any pier or bulkhead, into the water, or upon any public pier or bulkhead, unless to discharge the same immediately into carts, under penalty of five dollars for each offense, and the further sum of two dollars for each cubic yard of material so thrown out, recoverable against such person or against the vessel from which such material is discharged.

rubbish, &o.

§ 374. No person shall throw or put any stones, Ballast, earth, shavings, night soil, dirt or rubbish into any dock or slip, or upon any public pier or bulkhead in that port, under the penalty of twenty-five dollars for each offense, recoverable of such person or against the horse or cart used in any offense against this section. One-half of any penalty under this section shall be paid to the person lawfully entitled to the occupation of the dock, slip or pier.

of piers.

§ 375. It is the duty of every owner, master, Protection mate, or other person having the charge or manage

Protection of piers.

Dredging.

ment of any vessel, from which or into which ballast or any loose matter is conveyed, to fasten canvas, mats or cloth between the pier or bulkhead and vessel, or between vessels lying alongside each other, 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 each offense against any provision of this section, recoverable against the person or the vessel.

§ 376. No person shall throw any metal, or any package weighing over fifty pounds, from a vessel upon a pier in the port of New York, without adequate protection to the planking of the pier, under the penalty of five dollars for each offense. No person shall draw, or cause to be drawn, over any pier in that port, any anchor or blocks of stone, otherwise than upon carts, rollers, wheel carriages or sleds, under the penalty of five dollars for every offense. These penalties are recoverable from the person or the vessel from which the thing is thrown, or to which it is drawn; and one-half thereof shall be paid to the person lawfully entitled to the occupation of the pier.

§ 377. It is the duty of any person causing any dredging or excavating in the port of New York to be done, to cause the matter removed to be deposited in some place above high water mark, or deposited within a bulkhead for filling, or in some

place to be approved by the commissioners of pilots; under penalty of five dollars for every cubic yard

removed.

ces remo

ved.

§ 378. If any pier or bulkhead is incumbered by Incumbran any obstruction, the commissioners of pilots shall give notice to the person placing or keeping it there to remove it within twenty-four hours; and if such person fails to do so, he is liable to pay to the commissioners twenty-five dollars for each day during which it remains. If the obstruction consists of merchandise deposited there, the commissioners may remove the same, and cause it to be stored, and the expenses of removal and storage shall be paid by the owner of the same to the commissioners, and are a lien on the property till paid. Every six months the commissioners shall advertise unclaimed merchandise, setting forth the marks and numbers of each package, the description of the merchandise, the pier whence it was removed, and the date of its removal; and if any of it remain unclaimed for three months after being advertised, they may sell the same, after further advertisement, by auction, pay its expenses. Any surplus shall be held in trust by the commissioners for the owner, for twelve months, when, if not claimed, it shall form part of the fund of the commissioners, hereinafter mentioned. Each advertisement required by this section shall be published for at least one week in at least three daily papers in the cities of New York and Brooklyn.

to

Storage at § 379. If the merchandise is not, in the judgment

owner's

expense.

Cleaning

and repairs.

Buoys and beacons.

Use of nets, &c., at and below New

of the commissioners, of sufficient value to pay the expenses of removal and storage, it shall be removed and stored at the expense of the owner, consignee or master of the vessel from which it was discharged.

§ 380. It is the duty of the commissioners to require the owners and lessees of the piers and bulkheads of the cities of New York and Brooklyn to keep them clean and in good repair. In giving notice of repairs required, they shall specify the particulars of the repairs to be made. Every person who neglects to comply therewith shall pay a penalty of five dollars for each day's neglect.

§ 381. No person shall moor a vessel to any of the buoys or beacons placed in the harbor of New York by the United States lighthouse board, or in any manner hang with a boat or vessel to any such buoy or beacon, under a penalty of fifty dollars for every offense. Any person who willfully removes any such buoy or beacon is guilty of a misdemeanor, and, in addition to the punishment therefor, is liable to a penalty of two hundred and fifty dollars for every offense.

§ 382. No person shall set, or cause to be set, York city. during the months of March, April or May, in any of the waters of this state at or below the city of New York, any net or weir, by means of any pole,

anchor or other fixture, to extend into the channel more than the distance of twenty rods from ordinary low water mark;' or at any time set any poles in the harbor at any place where the water is more than six feet deep at mean low tide,' under penalty of one hundred and fifty dollars. It is the duty of the commissioners to cause any obstructions placed in the harbor in violation hereof to be removed.

But this section does not affect any special statute respecting the waters adjacent to Staten island and to the towns of New Utrecht' and Gravesend."

1

1 2 R. S., 97, § 38.
'Laws of 1857, 671, § 13.
2 R. S., 97, § 39.

3

The special act as to Gravesend
is Laws of 1836, ch. 127; 2 R.
S., 97, § 41.

At present these penalties are recoverable by the district attorney of any adjoining county. As the supervision of the harbor in these respects has been placed under the charge of commissioners, it seems better to make the system uniform by charging them with the duty of enforcing the provisions of this section.

§ 383. It is the duty of the owner of every Lighters. lighter which is 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, under the penalty of five dollars for neglect. If after notice he still neglects, he shall pay an additional penalty of ten dollars for every week of the further neglect.

Piers and bulkheads

§ 384. For the purposes of this article all piers defined.

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