Provifo as to furplus mo- Further af made and fur- Mach and enjoy the same for his and their own proper use against the owner or owners thereof and all claiming under him or them, until his term therein shall be fully complete and ended, being a liberty to remove all the buildings and materials which he or they shall erect or place thereon, but leaving the ground in sufficient fence, and with the street or streets fronting the same in the or der required by the said regulations; Provided always, That if after defraying the actual expense of conforming any lot so to be sold for a term of years to the regulations aforesaid, and deducting all reasonable charges attending the same, a surplus of the purchase money shall remain in the hands of the chamberlain of the said city, the same shall forthwith be rendered to the owner or owners of such lot or lots respectively or his or their legal represen→ tatives. XIII. And be it further enacted That if upon completfeffments how ing any such regulation it shall appear to the said mayor, aldermen and commonalty that a greater sum of money hath been bona fide expended in making such regulation than the sum estimated and collected as aforesaid, it shall then be lawful for the said mayer, aldermen and commonalty to cause a further assessment equal to such excess to be made and collected in manner aforesaid; and in case the sum actually expended shall be less than the sum expressed in such estimate, and collected as aforesaid, the surplus shall forthwith be returned to the persons from whom the same were dollected, or their legal representa Corporation level lots if fufe and to tives. XIV. And be it further enacted, That if the owner or occupant of any lot of ground in the said city shall refuse or neglect to fill up, raise, reduce or level such lot, in such manner as the same shall by any bye-law, rule, ordinance or order of the common council of the said city be required to be filled up, reduced, levelled or raised, it shall then be lawful for the mayor, aldermen and commonalty of the said city to cause such lot or lots to be filled up, raised or levelled, and the amount of the monies which they shall have advanced for that purpose with lawful interest for the same; shall be deemed a lien on such lot or lots, and shall be recoverable by them as for monies advanced for the use of the defendants, by suit against the owner or any other occupant or future owner of such lot or lots, at their election, in any court having cognizance of the same. + CHA P. CXXXII. An ACT relative to the Harbour-Master, and Master and Passed 3d April, 1801. ter of the port ed. E it enacted by the People of the State of New-York, Harbour-mafrepresented in Senate and Assembly, That the pe per- of New-York son administering the government of this state by and with to be appointthe advice and consent of the council of appointment, shall from time to time as often as it shall be requisite, appoint some proper person to be harbour-master of the port of New-York, and the said harbour-master, before he To give a enters upon the duties of his office, shall execute a bond to the people of this state with two sufficient sureties to be bond Acpeale 31 approved of by the mayor of the city of New-York, in the Ch 16.ß. oath. penal sum of two thousand five hundred dollars, condition- MyBile II. And be it further enacted, That the said harbour-mas- His duties. ter shall have authority to regulate and station all ships and vessels in the stream of the East and North-rivers, within the limits of the city of New-York, and at the wharves thereof, and to remove from time to time such ships or vessels as are not employed in receiving or discharging their cargoes to make room for such others as require to be more immediately accommodated for the purpose of receiving or discharging theirs, and as to the fact of their being fairly and bona fide employed in receiving or discharging their cargoes, the said harbour-master is hereby constituted the sole judge; And further, The said harbour-master 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 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 directions of the said harbour-master in matters within his authority to direct, or if any person shall resist or oppose the said harbour-master in the execution of the duties of his 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 hospital of the said How recovercity before any court having cognizance thereof; all which fines when collected shall be paid to the said treasurer for the use of the said hospital. Penalty for ditobeying ed & applied. Further du- harbour-maf. III. And be it further enacted, That it shall be the duty of the said harbour-master to superintend and enforce the ter relative to execution of all laws of this state, and all bye-laws of the docks and Pilots to re- with him Masters of pi. to him. corporation of the city of New-York, for cleansing the docks and wharves, and for preventing and removing all nuisances whatsoever in or upon them or either of them. IV. And be it further enacted, That it shall be the duty of all persons acting as pilots in the port of New-York to register their names and places of abode respectively in the office of the harbour-master, and the name, size and dimensions of the respective pilot boats used by them. V. And be it further enacted, That it shall be the duty make report of every master, or person having charge of any pilot boat, to report to the harbour-master the time of his going out and returning into the harbour with the said boat, and each pilot shall report all ships and vessels inward or outward bound seen by him at sea of at anchor, within or without Sandy-Hook, to the end that due notice thereof may be given to the commander in chief and to the officer of the customs when necessary. Harbour-maf- Penalty for To appoint His compen⚫ VI. And be it further enacted, That the said harbourmaster shall have power to order any pilot having charge of a pilot boat to go out upon duty with the said boat whenever in his judgment the safety of the navigation of the said port renders the going out of such boat necessary; and every pilot refusing or neglecting to perform any of the duties herein before imposed upon him shall on due proof thereof made to the master and wardens of the said port, be subject to a fine not exceeding the sum of five dollars, to be recovered with costs of suit before any court having cognizance thereof, in the name of the treasurer of the said hospital, for the use thereof, or to be rendered incapable of acting as a pilot thereafter, as in the judgment of the said master and wardens may be deemed proper. VII. And be it further enacted, That the said harbourmaster shall have power to appoint a deputy or deputies to assist him in the execution of the duties of his office, and the same to remove or displace, and to appoint others in his or their sted; And further, That the said harbourmaster shall have power demand and receive from the commander, owners and consignees, or either of them, of every ship or vessel that may enter the port of New-York and load, unload or make fast to any wharf therein, at and after the rate of one cent per ton, to be computed from the tonage expressed in the registers of such ships and Veffels in the vessels respectively and no more; Provided nevertheless, coafting trade That nothing whatsoever shall be demanded by the said harbour-master for the entrance into the port of New-York, of any vessel employed in the coasting trade within the United States, unless upon the application of the master not to pay ex- across Broadway to Partition-street, thence through Partition-street across Greenwich and Washington-streets to Hudson's river, including also the lots of ground on the northwardly and eastwardly sides of the said streets through which the above mentioned line runs, shall be made and constructed of stone or brick, with party or fire walls rising at least six inches above the roof, and shall be covered, except the flat roof thereof, with tile or slate, or other safe materials against fire, and not with boards or shingles; Provided, Such fat do not exceed two fifth Provifo as to parts of such roof, and that there be erected around the flat roofs. same flat a substantial balcony or balustrade. trary to this II. And be it further enacted That if any dwelling house, Penalties for store-house or other building whatsoever shall be erected building con or roofed contrary to this act, the proprietor or proprie- act. tors thereof shall for every such offence forfeit and pay the sum of five hundred dollars; and the workmen who shall build or roof such dwelling house, store-house or other building contrary to this act,* whether he be the proprietor or not, shall for every such offence forfeit and pay the sum of two hundred and fifty dollars, to be recovered How recovered & applied. with costs of suit in any court of record within this state, by the treasurer or chamberlain of the said city for the use of the poor thereof, and when recovered shall be appropriated by the common council of the said city in the same manner as the monies raised by tax for the maintenance of the poor of the said city are by law directed to be applied; and no such action or suit shall be abated or discontinued by the death, resignation, removal from office or other change of such treasurer or chamberlain, but shall and may be continued and prosecuted to effect by his successor in office. tain other New York,to like materials III. And be it further enacted, That all dwelling houses, Buildings store-houses and other buildings whatsoever, which after within certhe passing of this act shall be built or erected within the limits in said city eastwardly and northwardly of the line herein be built and before described, and to the south and west of a line be- covered with ginning at the outlet of the meadow of Anthony Lispenard into Hudson's river, and thence running to and along the north side of the dwelling house late of Nicholas Bayard, esquire, deceased, thence to and along the north side of the dwelling house of John R. Livingston, and thence to and along the north side of the dwelling house of Abraham Cannon to the East-river, and which from the surface or level of the street or ground to which such building shall adjoin, either in the front or in the rear to the foot of the rafter shall be more than twenty-five feet, shall be made and constructed of stone or brick with party or fire walls, rising at least six inches above the roof, and shall be covered, except the flat roof thereof, with tile, or slate or * See the note to the next page. Form. Mafter and keep an office "I will well, truly and faithfully, according to the best of my skill and understanding, execute the powers and duties vested in or enjoined on me by law as master, (or, one of the wardens, as the case may be) of the port of NewYork, so help me God." X. And be it further enacted, That the said master and wardens shall keep an office in the city of New-York, and shall cause to be made in a book to be kept for that purpose an entry of all their proceedings by virtue of this act, to which all persons may have recourse, and they shall appoint a clerk who may receive all pilotage money which shall become due to any pilot or deputy pilot, and on neglect or refusal of payment by the person who ought to pay the same, may sue for and recover the same in his own name with costs before any court having cognizance thereof; and the said clerk shall keep a separate account with each pilot of all monies received to his use, and shall once in every three months pay the same to them respectively, after deducting five per cent for his trouble; and all fines and forfeitures arising under this act, except the forfeited recognizances of pilots and deputy pilots, shall be sued for and recovered as aforesaid by and in the name of such clerk, and no such suit shall discontinue or abate by the death, resignation or removal from office of such clerk; and all such fines and forfeitures, and the sums recovered on any forfeited recognizance and not applied in discharge of damages as herein after mentioned, shall be paid to the said master and wardens and be by them applied towards defraying the necessary expenses arising in Clerk to give the execution of their trust; and every such clerk shall enter into bond with one or more sureties to the said master and wardens in the sum of one thousand two hundred and fifty dollars, conditioned that he will well and faithfully discharge the trusts reposed in him by this act. Fines and bond. Branch and XI. And be it further enacted, That every branch pilot or deputy pilot of the port of New-York hereafter to be recognizance. appointed, before he takes upon himself the execution of his office shall enter into a recognizance to the people of this state, before the mayor or recorder of the city of NewYork, with two sufficient sureties to be approved of by the master and wardens aforesaid, or any three of them, in the sum of two hundred and fifty dollars, with condition that he will diligently and faithfully execute the trust reposed in him as a pilot, or deputy pilot (as the case may be) according to the directions of this act, and such rules and orders as shall be given him in pursuance thereof; and every such recognizance if forfeited, may at the request of any person aggrieved be prosecuted in the supreme court or in the mayor's court of the said city to judgment and execution as in other cases, and the amount of such recognizances when recovered and received shall |