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Daty of harbor

masters and pilots.

Penalties.

Wharfage

of lighters.

Compensa tion of com. missioners.

and bulkheads shall be taken to extend six feet into the street adjoining in the rear. But it shall not apply to private wharves, piers and bulkheads, occupied by the respective owners for special purposes.

Laws of 1858, ch. 226, §§ 8, 9.

§ 385. It is the duty of the harbor-masters and pilots to report to the commissioners of pilots all violations of the provisions of this article of which they may have information.

§ 386. All penalties under this article are recoverable by the commissioners of pilots. They have power to remit any penalty. Any penalty which is recoverable against any vessel or other property as in this article provided, shall be a lien on such vessel or property and may be enforced as other liens.

See Laws of 1858, ch. 226, § 8.

§ 387. The owners of wharves, piers and bulkheads in the port of New York may charge vessels under fifty tons burden, known as lighters and exclusively used as such, wharfage not exceeding twenty-five cents per day each, when occupying an inside berth, and not exceeding fifteen cents per day each, when occupying an outside berth; but no other charge whatever.

388. The commissioners of pilots shall pay into the state treasury all penalties collected by them under this article, not otherwise provided for, and

The

the treasurer shall keep account thereof. treasurer shall annually pay to the commissioners their expenses incurred under this article, as certified by their president and secretary, but not exceeding five thousand dollars per annum; and also the further sum of five thousand dollars, to be divided as follows: To the president of the board, two thousand dollars; and to each of the other commissioners, seven hundred and fifty dollars per

annum.

ARTICLE X.

ALBANY HARBOR-MASTER.

SECTION 389. Duty of the harbor-master of Albany.

390. His powers.

391. Vessels coming to wharves.

392. Compensation.

393. Fees for deciding differences.

394. Annual report.

395. Appointment in case of his inability.

The provisions of this article are taken from

1 R. S., 1062, 1063.

§ 389. It is the duty of the harbor-master of the

Duty of the

harbormaster of

port of Albany to station and regulate all vessels Albany. in the Hudson river, within the limits of that city, and at its piers and wharves; to remove, from time to time, such vessels as are not employed in the transfer of cargoes, to accommodate others; and also to prevent any vessel from obstructing, for an unreasonable time, the entrance into the basin, of which facts of a vessel not being employed or requiring accommodation, or obstructing the en

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trance into the basin, he is the sole judge. He may also remove, at the expense of the master or owner of the vessel, any vessel lying within the limits of the city having no person in charge of the same.

§ 390. He has authority to determine how far, and in what instances, it is the duty of masters to accommodate each other in their respective situations; and any master who neglects to obey his directions in matters within his authority, or any person whatever who resists him in the execution of his duties, is liable to a penalty of twenty-five dollars, to be recovered in the name of the mayor, aldermen and commonalty of the city of Albany, for the poor of the county.

391. All vessels, on coming to the wharves, shall take in their anchors upon deck, so as to prevent injury therefrom to other vessels, and shall rig in their jib-boom.

§ 392. All collectors of wharfage of the public and private docks within the city of Albany shall collect, in addition to the amount now paid by vessels for wharfage, the further sum of one and a half cent per ton per annum, excepting steamers navigating the canals of this state, which money shall be paid to the harbor-master for his services.

§ 393. In case the harbor-master is called upon to decide any difference between the masters of vessels as to berths, the party in fault, by his decision, shall pay to him the sum of two dollars; but if

both parties are in fault, each shall pay him the sum of one dollar.

report.

§ 394. He shall keep an exact account of all Annual monies received by him, and report the same to the legislature on or before the first day of February in each year.

ment in

case of his

§ 395. In case of sickness, inability or absence Appoint of the harbor-master, it is the duty of the mayor inability. of Albany to appoint some proper person to attend to the duties of the office in the meantime.

CHAPTER II.

HIGHWAYS.

The passage of a number of local acts respecting highways, since the enactment of the Revised Statutes, has caused much diversity in the system in different parts of the state. We present here one uniform system for the highways of the whole state, with a few local provisions. Its preparation has been guided by the following principles:

1. To present, on the basis of the provisions of the Revised Statutes, as modified by subsequent legislation and expounded by judicial decisions, one complete and harmonious system for the whole state;

2. To add thereto those provisions or qualifications, contained in local acts, which are susceptible of convenient and useful general application, and which provide for points not covered by the general law;

3. To retain in force and embody, or refer to as exceptions to the general rules, such local provisions as might be founded in any local necessity.

But there are several local acts which present a variance from the general system not founded on any local want, but on a diversity of view as to the best system of highway labor to be pursued. These we have disregarded. They may be enumerated and briefly characterized as follows:

Laws of 1838, ch. 326. Highway tax in the various towns of Livingston county to be paid in money, if so determined by the electors;

Laws of 1849, ch. 11. Raising and application of moneys for highways in the town of Eastchester; Laws of 1852, ch. 338. Empowers voluntary associations to construct public roads in the county of Erie ;

Laws of 1853, ch. 609. Highways in Montgomery county to be worked and repaired by contract, and payment to be raised by tax;

Laws of 1854, ch. 265. Mode of proceedings to certify to necessity of new road or alteration in the town of Greenburgh. But see Laws

of 1859, ch. 497;

Laws of 1857, ch. 287. Bridges may be bought in Richmond county;

Laws of 1859, ch. 147. Requires highway taxes in the town of Haverstraw, in the county of Rockland, to be paid in money;

Laws of 1859, ch. 268. Regulates proceedings to lay out or alter roads in the towns of Northcastle, Bedford and Lewisborough, in the county of Westchester.

ARTICLE I. Enumeration of highways.

II. Rules and restrictions respecting their use.

III. Powers and duties of highway officers.

IV. Highway taxes.

V. Performance of highway labor, and commutation.

VI. Laying out, altering and discontinuing roads.

VII. Erection and maintenance of bridges.

VIII. Obstruction and injury to highways.

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