! shall be received as evidence in any court in which said § 8. All laws or parts of laws inconsistent herewith, are Repeal. hereby repealed. § 9. This act shall take effect immediately. Chap. 71. AN ACT to amend the act for the incorporation of compa- Passed March 16, 1850. The People of the State of New York, represented in §1. Every company heretofore formed or organized under Companies the act entitled "An act for the incorporation of companies to formed de construct plank roads, and of companies to construct turnpike clared valid. roads," passed May 7, 1847, and the several acts amending the same, shall be deemed to be a valid corporation, although such company may not have complied with the requirements of such acts in the formation and organization of such company; and no act or omission on the part of any such company, or of its stockholders or officers, shall work a forfeiture of its corporate powers or franchises, unless the same was wilful or malicious; but this section shall not affect or impair any right of action which has heretofore accrued to any person or persons against such company, its officers or agents, for entering upon or taking possession of any real estate; or any right of action now existing, arising on contract; or any right of action against any company or its officers, for a misapplication of its funds; or any action pending to recover toll, or to recover any penalty for passing a gate without paying toll. Proviso, 2. Section five of the act entitled "An act in relation 45 repealed. to plank roads and turnpike roads," passed April 6, 1849, is repealed, and the following substituted in lieu thereof: 66 "§ 5. Sections fifty-four and fifty-five of title first, chapter eighteen of part first of the Revised Statutes, shall apply to all companies formed under the before mentioned act, passed Actions for penalties commenced. May 7, 1847, so far as the same can be applied, or are not inconsistent with this act." § 3. No action to recover any penalty against any company formed under an act entitled " An act for the incorpowhen to be ration of companies to construct plank roads and of companies to construct turnpike roads," and the acts amending the same, or against any turnpike corporation, shall be commenced or maintained against such company, or any of its officers or agents, unless the same is commenced within thirty days after the penalty was incurred. Persons go. ing to and re 4. The second section of "An act in relation to plank turning from roads and turnpike roads," passed April 6, 1849, is amended empt from by adding thereto the following, to be the eighth subdivision of said section: mill, &c ex toll. When and how high. ways may be taken. Hoist gates forbidden. "8. All persons going to or returning from any grist mill or blacksmith's shop, where they ordinarily get their grinding or blacksmith's work done, shall be exempt from the payment of toll at one gate, only, within five miles of such person's residence, when he is going to and returning from such mill or shop for the express purpose of getting grinding or blacksmith's work done; but this exemption shall apply only to such parts of a plank road as have been, or shall be, made on a public traveled highway, not theretofore a turnpike." § 5. No supervisor or commissioner of highways of any town shall make any agreement with any plank road company or turnpike road company, under the first section of An act in relation to plank road and turnpike road companies," passed November 24, 1847, for the right to take and use any part of any public highway for a plank road or a turnpike road, without they first obtain the consent in writing of at least two-thirds of all the owners of land along such highway, who actually reside on that part of the highway on which such plank road or turnpike road is to be constructed. § 6. No plank road or turnpike road company shall hereafter erect or put up any hoist gate on their roads. § 7. This act shall take effect immediately. Chap. 72. AN ACT relating to the harbor masters of the port of Passed March 16, 1850. The People of the State of New York, represented in Eleven harbor masters pointed. Brooklyn. § 1. There shall be appointed, on the nomination of the governor, by and with the advice and consent of the senate, to be ap. eleven harbor masters for the port of New York, nine of Nine in New which shall reside in the city of New York, and two of said York and harbor masters shall reside in the city of Brooklyn. Said two in harbor masters shall hold their offices for two years, or until others shall be appointed in their place. At least five of said harbor masters shall have been masters of vessels sailing from said port, or pilots who shall have been engaged cations. in piloting vessels in or from said port, or seamen that have been engaged in navigating the waters of the harbor of New York. Their qualifi for $2,500. § 2. Each of said harbor masters, before entering upon To give bond the duties of his office, shall execute a bond to the people of the state of New York in the penal sum of two thousand five hundred dollars, with two sufficient sureties, to be approved by the mayor of the city of New York, conditioned for the faithful performance of his duties; and said harbor masters shall jointly and severally perform all the duties, exercise all the powers, and divide equally between them all the emoluments imposed and authorized by this act. § 3. The said harbor masters shall have authority to regulate and station all ships and vessels in the stream of the East or North rivers, within the limits of the city of New York, and the wharves thereof; and to remove, from time to time, such ships or vessels as are not employed in receiving and discharging their cargoes, to make room for such others as require to be more immediately accommodated, for the purpose of receiving or discharging cargoes; and as to the fact of their being fairly and bona fide employed in receiving or discharging their cargoes, the said harbor masters, or either of them, is hereby constituted the sole judge. The said harbor masters, or either of them, shall have authority to determine how far, and in what instances, it is the duty of the masters and others having charge of ships and vessels to Their powers. Their fees. Proviso. accommodate each other, in their respective situations; and if any master, or other person, having charge of any ship or vessel, shall refuse or neglect to obey the direction of the said harbor masters, or either of them, in matters within their authority to direct, or if any person shall resist or oppose the said harbor masters, or either of them, in the execution of the duties of their office, such master, or other person having charge of any ship or vessel, or other person whatsoever, shall, for every such offence, forfeit and pay the sum of fifty dollars, to be recovered, with costs of suit, in the name of the treasurer of the New York Hospital, before any court having cognizance thereof. All which fines, when collected, shall be paid to said treasurer, for the use of said hospital. 4. The said harbor masters shall have power to demand and receive from the commanders, owners and consignees, or either of them, on all ships or vessels of the United States, and on all ships or vessels of any foreign nation that are permitted by the laws of the United States to enter on the same terms as vessels of the United States, and which shall enter the said port of New York, and load or unload, or make fast to any wharf therein, one and one half of one cent per ton, to be computed from the tonnage expressed in the register or enrolments of such ships and vessels respectively, and no more; and also on all other foreign ships or vessels which shall arrive at and enter the said port, and load, unload or make fast to any wharf therein, double the amount of fees above specified, according to the rate of tonnage or burthen of said ships or vessels respectively, to be ascertained by their respective registers, or other documents on board the same. But no compensation shall be demanded by the said harbor masters for the entrance into the port of New York of any sloop or schooner employed in the coasting trade within the United States, unless upon the application of the master or person having charge of any such vessel employed in the coasting trade as aforesaid, the said harbor masters, or either of them, shall interfere and adjust any difference which may happen respecting the situation or position of any such coasting vessel, which difference said harbor masters, or either of them, are hereby authorized and required to hear and determine; in which case, the said harbor masters, or either of them, may demand and receive from the party in default in the premises, the sum of two dollars, excepting canal barges and canal boats, for which he may receive one dollar each, and no more, for any difference so by him adjusted; to be sued for, and recovered, in the names and for the use of said harbor masters, in any court having cognizance thereof. paid within § 5. The master, owner or consignees of any ship or ves-Fees to be sel subject to the payment of fees to the harbor masters as 48 hours afaforesaid, shall, within forty-eight hours after the arrival of ter demand. such ship or vessel, pay the fees so due thereon at the office of the said harbor masters, or one of them; and in default of such payment, if the same shall have been first duly de manded, such master, owner or consignee on whom such demand shall have been previously made, shall forfeit and pay double the amount of such fees, to be sued for and recovered in the names and for the use of the said harbor masters, in any court having cognizance thereof. harbor mas health 6. It shall be the duty of the said harbor masters to su- Duties of perintend and enforce the execution of all laws of this state, ters as and by-laws of the corporation of the city of New York, for officers. cleaning the wharves and docks, and for preventing and removing all nuisances in or upon them, or either of them; and if the person or persons whose duty it shall be to remove such nuisance, shall refuse or neglect to remove the same within forty-eight hours after notice from the said harbor masters, or one of them, requiring such person or persons to remove the same, the said harbor master may thereupon de- disobeying mand and receive from such person or persons so neglecting their orders. or refusing, the sum of two dollars and fifty cents; and in case of non-payment thereof on demand, the same may be sued for and recovered in the names of, and for the use, of the said harbor masters, in any court having cognizance thereof. Penalties for act to be owners of § 7. It shall be the duty of said harbor masters, whenever Copy of this required by the captain, owner or consignee of any vessel, given to to give a copy of this act to such captain, owner or con- vessels. signee, and no person shall be fined for a violation of this act until that has been done. their fees to § 8. It shall hereafter be the duty of said harbor masters Must report to report to the governor of the state, under oath, the whole governor. amount of fees received to the thirty-first of December inclusive, in each year. 9. This act shall take effect immediately. |