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Art. 5

Tidewater Navigation.

88 65, 66

corporation or association, or any individual diverting the water of a fresh water stream which would otherwise flow into a tidewater creek or estuary, and the service of any notice or other paper necessary in an action or otherwise shall be deemed to be served on such corporation or association, or on such individual, if served on the superintendent or other person in charge of the works by which the water is diverted from such stream.

Formerly L. 1898, ch. 469, § 5. § 65. Penalty. Any corporation or individual continuing to divert water from such fresh water stream without maintaining the navigable depth of the tidewater creek or estuary into which it flows, as herein provided for, shall be liable to a penalty of fifty dollars per day for each and every day such diversion is continued, computing from the expiration of forty days after notice is given as provided in section sixty-one, which penalty may be sued for and recovered by such supervisor or village president in the name of the town or village in which such tidewater creek is so located, and the amount recovered shall be paid into the treasury of such town or village.

Formerly L, 1898, ch. 469, $ 6, as am'd by L. 1901, ch. 209, $ 2. § 66. Payment by city of New York. For the purpose of carrying out any work which may be required to be done by the city of New York under the provisions of this article, and to provide the means for doing such work, the board of estiinate and apportionment of said city must at any time make the necessary appropriation therefor, to be levied and collected in the next annual tax levy, and when such appropriation is made the comptroller of said city in order to make such appropriation immediately available, shall issue and dispose of corporate stock of the city of New York, or other certificates of indebtedness, payable out of the next tax levy, which shall bear interest at a rate not to exceed four per centum and mature not more than eighteen months from the date of issue, and the amount realized therefrom, or so much thereof as may be necessary, shall be placed at the disposal of the commissioners of water supply or the chief officer of the city department having such work in charge. The commissioner of water supply in the city of New York is hereby authorized to enter into a contract with any person or corporation for the doing of said work, in the manner provided by section four hundred and nineteen of the Greater New York charter. The city of New York shall be relieved of all responsibility for the doing of any work herein provided for in the town of Hempstead in Nassau county by paying to the supervisor of said town the sum

$$ 70, 71

Rivers and Streams as Public Highways.

Arts. 5, 6

of ten thousand dollars per year, for five years beginning from the first day of July, nineteen hundred and one, which sums shall be raised by the comptroller as hereinbefore provided, and if authorized by a resolution duly passed by the board of estimate and apportionment, paid by him to the said supervisor instead of being placed at the disposal of the chief officer of the city department having charge of such work. The moneys so paid to the supervisor shall be by him expended in the improvement of such tidewater creeks or estuaries as shall lie either in said town, or shall separate said town from the town of Oyster Bay. Provided, however, that any expenditure for the improvement of a tide water creek or estuary separating said towns shall be limited to the improvement of that portion thereof constituting such separation.

Formerly L. 1898, ch. 469, § 7, as added by L. 1901, ch. 209, § 3, and am'd by L. 1903, ch. 169, § 1.

ARTICLE 6 Rivers and Streams as Public Highways Section 70. Dams and bridges. 71. Booms and other obstructions to be opened on notice;

penalty for failure. 72. Condemnation to public use. 73. Marks on logs and timber to be recorded. 74. Persons prohibited from landing logs, timber or

lumber. 75. Application of article. $ 70. Dams and bridges. No dam shall be erected on any ver or stream in this state, recognized by law or use as a public highway for the purpose of floating and running lumber. logs or other timber, over or upon the same, unless there be buil: in such dam an apron, at least fifteen feet in width, in the middle of the current of such river or stream, of a proper slope for the safe passage of lumber, logs and other timber. No bridge shall be built over any such river or stream in such a manner as to obstruct or prevent the free and uninterrupted passage of lumber, logs and other timber down and along such river or stream.

Formerly L. 1897, ch. 592, § 70. $ 71. Booms and other obstructions to be opened on notice; penalty for failure. Every person who shall build any boom or other obstruction in the waters of any river or stream, for the purpose of stopping or securing lumber, logs or

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other timber, shall within ten days after the receipt of a written notice from any person who shall have lumber, logs or other timber to transport on such river or stream, open such boom or remove such obstruction or part thereof so as to permit the assorting and passage of such lumber, logs and other timber through and down such river or stream. Every person who wilfully obstructs, by booms or otherwise, the channel of any river or stream so as to hinder or delay the free passage of lumber, logs or timber over or through the same, shall be liable to a penalty of fifty dollars for each day of the continuance of such obstruction, to be recovered by the person aggrieved thereby, and in addition to such penalty, shall be liable for all damages caused by such obstruction.

Formerly L. 1897, ch, 592, § 71. $ 72. Condemnation to public use. Any person desiring to use a river or stream in this state, which is or shall be recognized by law or use as a public highway, for running logs, timber or wood, by floating or flooding, may institute proceedings for the condemnation of the rights of riparian owners on such river or stream, to the extent that may be necessary, for the public use thereof as a highway for such purpose, pursuant to title one of chapter twenty-three of the code of civil procedure, known as the condemnation law.

Formerly L. 1897, ch. 592, § 72, as am'd by L. 1902, ch. 613, $ 1. § 73. Marks on logs and timber to be recorded. Every person who shall run any logs or timber down any river or stream recognized by law or use as a public highway shall select some mark different from any mark previously recorded, and shall put the same on each log or stick of timber in some conspicuous place, and shall cause such mark to be recorded in the county clerk's office of each county in or through which such river or stream runs. The county clerk shall be entitled to the sum of fifty cents for recording such mark, to be paid by the person having the same recorded, and a copy of said entry, certified by the clerk, shall be presumptive evidence that the logs or timber so marked are the property of the person by whom such mark was selected and recorded.

Formerly L. 1897, ch. 592, § 73. $ 74. Persons prohibited from landing logs, timber or lumber. No person shall stop, take up or draw to, or lodge on the shore of any river or stream used for floating logs, timber or lumber, or on any island therein, any lumber, logs, timber, boards or planks floating in such river or stream, without

$$ 75, 80

Wrecks.

Arts. 6, 7

the consent of the owner thereof. Any person violating the provisions of this section shall for each violation forfeit to the person aggrieved thereby the sum of ten dollars, and in addition thereto shall be liable to the owner of such logs, timber or lumber for all damages sustained thereby.

Formerly L. 1897, ch. 592, § 74. $ 75. Application of article. This article shall not apply to the Hudson river, the Allegheny river and its tributaries, nor the Delaware river and its tributaries, nor the waters located in Franklin county, nor the Oswegatchie river and its tributaries, nor the Grass river and its tributaries, nor :he Racket river and its tributaries, nor the West Canada creek and its tributaries, nor the Black river and its tributaries above its junction with the Moose river; nor be construed to repeal any existing law now applicable to any creek or river in this state.

Formerly L. 1897, ch. 592, $ 76, as am'd by L. 1901, ch, 633, § 1.

ARTICLE 7

Wrecks

Section 80. Recovery of wrecked property.
81. Powers and duties of sheriffs, coroners and wreck-

masters.
82. Sale of wreck.
83. Delivery of wreck or proceeds to claimant.
84. Claimant's undertaking.
85. When owner may sue.
86. Claim for salvage.
87. Duties of wreck-masters.
88. Detention of wreck.
89. Appointment of appraisers.
90. Sale and disposition of property.
91. Publication of notices of sale.
92. Publication of notice of wrecked property.

93. Appointment of wreck-masters. $ 80. Recovery of wrecked property. No ship, vessel or boat, nor any goods, wares and merchandise, cast by the sea or any inland lake or river upon the land, shall be deemed to belong to the people of the state as wrecked property, but may be recovered by the owner, consignee or person having the charge thereof at the time of the disaster by which the wreck was occa

Art. 7

Wrecks.

88 81–84

sioned, upon the payment of a reasonable salvage and necessary expenses.

Formerly L. 1890, ch. 569, § 137. § 81. Powers and duties of sheriffs, coroners and wreck-masters. The sheriff, coroners and wreck-masters of every county in which any wrecked property shall be found, when no owner or other person entitled to the possession of such property shall appear, shall severally take all necessary measures for saving and securing such property; take possession thereof, in whose hands soever the same may be, in the name of the people of the state; cause the value thereof to be appraised by disinterested persons, and keep the same in some safe place to answer the claims of the persons entitled thereto.

Formerly L. 1890, ch. 569, 8 138. $ 82. Sale of wreck.

If the property so saved shall be perishable, so as to render the sale thereof expedient, the officer, in whose custody the same shall be, shall apply to the county court of the county, or the city court of the city, where such property may be, by a verified petition stating the facts, for an order authorizing such sale; if the court shall be satisfied that a sale of the property would be most beneficial to the parties interested, it shall make the order so applied for, and the officer having custody of the property shall sell the same at public auction, at the time and in the manner specified in the order, and the proceeds of such sale, deducting the expenses allowed by the court, shall be paid to the treasurer of the county in which the property shall have been found.

Formerly L. 1890, ch. 569, ; 139. 8 83. Delivery of wreck or proceeds to claimant. If, within a year after such wrecked property shall have been found and saved, any person shall claim the same or the proceeds thereof, as owner or consignee, or the agent of the owner or consignee, and shall establish his claim by evidence, such court shall make an order directing the officer, in whose possession the property or its proceeds shall be, to deliver or pay the same to the claimant, upon the payment by him of a reasonable salvage, and all necessary expenses incurred in the preservation and keeping of the property.

Formerly L. 1890, ch. 569, § 140. 8 84. Claimant's undertaking. No such order shall, however, be made unless the claimant shall deliver to such court an undertaking with one or more sufficient sureties to be

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