Harbormasters to share duties

and com pensation.

General powers.

Penalties.

Fees.

by the

mayor

of the city of New York, conditioned for the faithful performance of his duties.

§ 360. The harbor-masters may, jointly and severally, perform all the duties and functions, and shall divide equally the emoluments of their offices.

§ 361. They or either of them have power:

1 To station and regulate all 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, vessels not employed in the transfer of cargo, to make room for others that require accommodation for that purpose; of which, and of a vessel not being employed in the transfer of cargo, or requiring accommodation, they are the sole jud es;

2. To determine how far, and in what instances, it is the duty of masters of vessels to accommodate each other, in their respective situations.

§ 362. Any master who neglects to obey, and any person whatever who resists the direction of any harbor-master, given under the authority of this article, is liable to a penalty of fifty dollars, to be recovered in the name of the treasurer of the New York hospital, for the use of the hospital.

§ 363. The harbor-masters are entitled to receive from the commanders, owners and consignees, or either of them, of any vessel which enters the port

of New York, and loads or unloads any part of her cargo, or makes fast to any wharf, the following fees:

1. On all vessels of the United States, or of any foreign nation permitted by the laws of the United States, to enter on the same terms as vessels of the United States, one and one-half of one cent per ton of the vessel's tonnage, as expressed in its register or enrollment;

2. On all other foreign vessels, three cents per ton of the vessel's tonnage, to be ascertained by its register or other documents on board.

But this section does not apply to any sloop or schooner employed in the coasting trade within the United States.

and penalty for default.

§ 364. The master, owner or consignees of every Payment, vessel shall, within forty-eight hours after its arrival, pay the fees due thereon at the office of the harbormasters, or one of them. If after default of payment they are not paid on demand, the master, owner or consignee, on whom the demand was made, shall forfeit double the amount of the fees.

adjusting

crayo

controversy.

§ 365. When, upon the application of the master Fees for of any sloop or schooner employed in the coasting trade, any harbor-master adjusts any difference happening respecting the situation of such vessel (and it is the duty of any harbor-master, on application,

Duty of harbor

master

piers.

to hear and determine such differences, he is entitled, upon adjusting the difference, to receive from the party in default the sum of two dollars, except in case of canal barges and canal boats, and then one dollar.

§ 366. It is the duty of the harbor-masters to enrespecting force the laws of the state and the ordinances of the city for cleaning the wharves and docks, and for preventing and removing all nuisances therefrom; and if any one whose duty it is to remove a nuisance, neglects to remove it within forty-eight hours after notice to do so, from a harbor-master, he is liable to a penalty of two dollars and fifty cents.

Piers for canal boats

§ 367. The water adjacent to the wharves, from and barges, the east side of pier number two to the east side

railway

barges and

packets.

Piers for packets.

of pier number nine, East river, shall, from the twentieth day of March to the twentieth day of December, in each year, be reserved, so far as necessary, for the use of canal boats and barges engaged in transporting property on the River Hudson, or coming to tide-water from the canals of the state or arriving in New York from Albany or any place north or west thereof, and of barges transporting property to and from the ferry stations of the New York and Erie, New York Central and Hudson River railways.

§ 368. Piers number ten, eleven, and the west side of pier number twelve, East river, shall, during the same period, be reserved for the use of

the regular packet lines of sailing vessels, propellers and barges which, on the 13th day of April, 1857, occupied berths on piers nine, ten, eleven and the west side of pier twelve, and running to and from the following ports: Boston, Massachusetts; Portsmouth, New Hampshire; Philadelphia, by way of the Delaware and Raritan Canal; Wilmington, North Carolina; Savannah, Georgia; Charleston, South Carolina; Appalachicola, Florida; Mobile, Alabama; New Orleans, Louisiana; and Matagorda, Texas.

§ 369. The harbor-masters shall enforce the last Duty of

two sections by preventing other boats, barges and vessels from entering those piers, and by removing them therefrom so far as necessary for the accommodation of the boats, barges and vessels mentioned. They shall also give a copy of this article to any captain, owner or consignee requesting it, who shall not be liable to any penalty for a violation of its provisions until that has been done.

harbormasters to

enforce this

regulation.

clause.

§370. The last three sections shall not be con- Saving strued to impair the right of the owner or lessee of any wharf to collect legal wharfage from vessels using the same, nor to prevent the free use of the wharves mentioned when not required for the uses specified; nor to prevent any vessel from hauling alongside of any vessel, barge or canal boat and lying there for the purpose of the transfer of cargo

Fees and penalties; annual report.

with all reasonable dispatch, nor to impair any existing rights of occupancy granted by ordinance or resolution of the mayor and common council of the city of New York in favor of any of the lines of river barges or canal boats mentioned.

§ 371. All penalties under this article, not otherwise provided for, may be recovered by the harbormasters by action, and they shall report to the governor the whole amount of penalties recovered and of fees received by them, to the 30th of December, inclusive, in each year.

Ashes and

cinders not

to be thrown

ARTICLE IX.

SPECIAL REGULATIONS FOR THE PORT OF NEW YORK.

SECTION 372. Ashes and cinders not to be thrown into New York harbor.

373, 374. Ballast, rubbish, &c.

375, 376. Protection of piers.

377. Dredging.

378. Incumbrances removed.

379. Storage at owner's expense.

380. Cleaning and repairs.

381. Buoys and beacons.

382. Use of nets at and below New York city.

383. Lighters.

384. Piers and bulkheads defined.

385. Duty of harbor-masters and pilots.

386. Penalties.

387. Wharfage of lighters.

388. Compensation of commissioners.

The provisions of this article are taken from the laws of 1852, ch. 266; 1857, ch. 367, ch. 671, ch. 763; 1858, ch. 226, ch. 261, ch. 290.

§ 372. No person shall throw or cause to be thrown from any steamer into the waters of the