Tariff of pilotage.

in the business under pain of a forfeiture of his title therein. All the deck boats shall be registered in the office of the port-wardens.

§ 342. The fees for pilotage by the Hellgate pilots for any vessel of ninety-five tons burden and upwards are as follows:

1. Between Sands point or Execution rocks, or any place eastward thereof, and New York, going either way, one dollar and fifty cents per foot for each foot of water the vessel draws;

2. Between the eastward of Hellgate and New York, going either way, one dollar per foot for each foot the vessel draws;

3. For a square-rigged vessel, in addition to the above rates, twenty-five cents for each foot the vessel draws;

4. For any government vessel piloted through Hellgate, instead of the rates above, five dollars per foot for each foot the vessel draws.

5. For each day during which the pilot is detained on board, beyond the term of twentyfour hours, he is entitled to be paid two dollars in addition to the rates above prescribed;

6. Between the first day of November and the first day of April, inclusive, two dollars shall be added to the full pilotage of every ship, bark or brig, and one dollar to that of every sloop or schooner;

7. A pilot who renders extra service to any vessel in distress is entitled to be paid therefor, in addition, a reasonable compensation to be fixed by the board.

The rate fixed by subdivision 4 is the rate now provided for such service by the Sandy hook pilots. Section 325, subdivision 3, ante.

have prefer

§ 343. The pilot who brings any vessel into the Pilots to port by way of Hellgate is entitled to a preference

in piloting it out on its next outward passage, if the same is by way of Hellgate; and any Hellgate pilot who first tenders his services to any vessel navigating the channel of Hellgate, in either direction, is, if refused, entitled to receive one-half the rates prescribed by the preceding section. But such half pilotage is not chargeable to any vessel under ninety-five tons burden, sailing under a coasting license, unless such vessel makes a signal for a pilot; nor is such half pilotage chargeable to any vessel more than once for the same passage.

ence in cer

tain cases.

Pilotage, by

able.

§ 344. The master, owner, consignee or agent Phom payentering or clearing a vessel at the port of New York, are jointly and severally liable for all charges of a pilot respecting the vessel, pursuant to this article.

From similar provision respecting Sandy Hook pilots, 327, ante.

Others than

pilots not to act as such.

§ 345. No person other than a Hellgate pilot, or one of the crew of the vessel, shall pilot for any other person any vessel through Hellgate,' or board such vessel for that purpose, or offer so to do, under penalty of thirty dollars for each offense. A violation of this section is a misde

meanor.

Penalties,

& C.

Steamboats excepted.

§ 346. All fines, penalties and forfeitures, imposed by or under authority of this article, are to be recovered by the port-wardens, in the name of the port-wardens of the port of New York.

§ 347. The provisions of this article do not apply to steamboats.

The officers of the board.

ARTICLE VII.

NEW YORK PORT-WARDENS.

SECTION 348. The officers of the board.
349. Suspension of wardens.

350. Duty of secretary.

351. General powers of the board.

352. Notice of proceedings.

353. Auctioneer's duty.

354. Fees.

355. None but port-wardens to act.

356. Special wardens at quarantine.

357. Receipts and expenses.

The provisions of this article are from Laws of 1857, ch. 405.

§ 348. The nine wardens of the port of New York shall annually elect one of their number president and another vice-president.

They may

also appoint a secretary and fix his compensation, which shall be paid out of the receipts of the office. They shall keep an office in the city of New York, at which office a majority of them and their secretary shall give attendance daily (Sundays and public holidays excepted).

of wardens.

§ 349. Any warden neglecting to perform the Suspension duties of his office, or violating the regulations of the board, after due notice from the board, shall be liable to suspension by a vote of the majority of the whole board, and during such suspension shall not be allowed to participate in the emoluments of the office, unless reinstated by the governor, to whom an appeal may be taken.

secretary.

§ 350. It is the duty of the secretary to keep a Duty of complete record of all their acts, proceedings, surveys and reports, which record shall be kept open to inspection of all persons interested therein.

the board.

§ 351. The port-wardens have a common seal, General and each warden has power to administer oaths, concerning the business of the office; and all willful false swearing, under such oaths, is perjury. The port-wardens also have power to make such reasonable regulations for their own government and the discharge of their duties as they may deem proper, and they have the exclusive right to perform all the duties of port-wardens for the port of New York.

Their powers in respect to pilots are prescribed by article VI of this chapter, entitled "Hellgate

Pilots." Their other powers and duties are as follows:

1. Upon request of any of the parties in interest, one or more of the port-wardens must proceed in person on board of any vessel for the purpose of examining the condition and stowage of the cargo, and if there be any damaged goods, to ascertain if possible the cause of such damage, and if, after the arrival in port of any vessel, the hatches are first opened by any person not a port-warden, and the cargo or any part thereof comes from on shipboard in a damaged condition, these facts shall be presumptive evidence that the cause of such damage was improper stowage or negligence on the part of the persons in charge of the vessel, and the loss shall be chargeable to the owner, consignee, and master, jointly and severally;

2. The board shall be exclusive surveyors of any vessel which may have suffered wreck or damage, or which shall be deemed unfit to proceed to sea, and shall examine the condition of the hull, spars, sails, rigging, and all appurtenances thereof, and decide what repairs are necessary to render the vessel seaworthy, in which examination they may call to their assistance one or more disinterested carpenters, sail-makers, riggers, shipwrights or other such person skilled in his profession, to aid them in their examination and survey, who shall be sworn, and shall each be allowed a fee of two dollars, to be paid by the person requiring the examination;