§§ 85-88 Wrecks. Art. 7 approved by the court, to the effect that he will pay all damages recovered against such claimant or his representatives, within two years after the date of the undertaking, by any person establishing his title as owner of such property or proceeds. The undertaking shall be filed in the clerk's office of the county in which it shall be taken. Formerly L. 1890, ch. 569, § 141. § 85. When owner may sue. The rejection by the court of any claim for wrecked property shall not preclude the claimant from maintaining an action for the recovery of such property or its proceeds against the officer in whose hands the same shall be; but if the plaintiff in any such action shall prevail, there shall be deducted, in addition to the salvage and expenses charged on the property, from the damages recovered, the costs of the defense. Formerly L. 1890, ch. 569, § 142. § 86. Claim for salvage. Every officer to whom any order duly made, for the delivery of the wrecked property, or its proceeds, shall be directed, shall present to the claimant exhibiting such order a written statement of the claims for salvage and expenses on such property and proceeds. If the claimant shall refuse to allow such claims, the amount of such salvage and expenses shall be adjusted in the manner hereinafter provided, and, after the payment or tender of the payment of such salvage and expenses, as agreed to or adjusted, the officer, in whose custody such property or proceeds shall be, shall deliver or pay the same, according to the terms of the order directed to him. Am'd by L. 1909, ch. 240, § 57. Formerly L. 1890, ch. 569, § 143. Wreck-masters in the § 87. Duties of wreck-masters. several counties shall give all possible aid and assistance to all vessels stranded on the coasts of their respective counties, and to the persons on board the same, and use their utmost endeavors to save and preserve such vessels and their cargoes, and all goods and merchandise which may be cast by the sea upon the land; and in the performance of these duties they shall employ such men as they may respectively think proper; and all magistrates, constables and citizens shall aid and assist the wreckmasters, when required, in the discharge of their duties. Formerly L. 1890, ch. 569, § 144. § 88. Detention of wreck. All sheriffs, coroners and wreck-masters, and all persons employed by them, and all other persons aiding and assisting in the recovery and preservation Art. 7 Wrecks. §§ 89, 90 of wrecked property, shall be entitled to a reasonable allowance as salvage for their services, and to all expenses incurred by them in the performance of such services, out of the property saved, and the officer having the custody of such property shall detain the same until such salvage and expenses shall be paid, and the salvage claimed in any case shall not exceed one-half of the value of the property or proceeds, and every agreement, order or adjustment allowing a greater salvage shall be void. Formerly L. 1890, ch. 569, § 145. § 89. Appointment of appraisers. If the amount of salvage and expenses on property saved shall not be adjusted by agreement of the parties, the owner or consignee of such property, or the master or supercargo having charge thereof at the time the same was wrecked, or a claimant having an order for its delivery, may apply to the county court of the county or the city court of a city in which such property shall be, for the appointment of suitable persons as appraisers, to adjust the amount of such salvage and expenses; and such court shall, by an order, appoint three disinterested freeholders of the county, not inhabitants of the town in which the property shall have been saved, to adjust such salvage and expenses, who, before they shall enter upon the performance of their duties, shall be sworn to perform faithfully and impartially the duties of their trust. They shall have power to issue compulsory process for the attendance of witnesses, and to administer oaths to all witnesses who shall attend or be produced; and the written decision of the appraisers, or any two of them, as to the amount of salvage and expenses, and the sums to be paid to each person entitled to share in such salvage, or claiming such expenses, shall be final and conclusive. The fees and expenses of the appraisers shall be paid by the person upon whose application they shall have been appointed, and shall be a charge upon the property saved. Each appraiser shall be entitled to five dollars for each day's necessary attendance and expenses. Formerly L. 1890, ch. 569, § 146. § 90. Sale and disposition of property. If within a year after wrecked property shall have been saved, no person shall have appeared to claim the same, or if the salvage and expenses on such property shall not have been paid within three months after the same shall have been adjusted, or an action for the recovery of the property shall have been commenced, the officer in whose custody the property shall be shall sell the same at public auction, and pay the proceeds of such sale, deducting salvage $8 91-93 Wrecks. Art. 7 and expenses, into the treasury of this state, for the benefit of the parties interested; but in no case shall any deduction of salvage and expenses be made unless the amount thereof shall have been adjusted upon due proof, by an order of such county or city court, a copy of which order and of the evidence in support thereof shall be transmitted by the court making it to the comptroller. If the property has been sold as perishable, the balance of the proceeds, after deducting the salvage and expenses as adjusted, shall be paid by the county treasurer into the treasury of this state. Formerly L. 1890, ch. 569, § 147. § 91. Publication of notices of sale. Public notice of every sale to be made of wrecked property, under the provisions of this article, shall be published by the officer making the sale, for at least two weeks in succession, in one or more of the newspapers published in the county where the property shall have been saved. Every such notice shall state the time and place of the sale, and shall contain a particular description of the property intended to be sold. Formerly L. 1890, ch. 569, § 148. § 92. Publication of notice of wrecked property. Every sheriff, coroner or wreck-master, into whose possession any wrecked property shall come, shall immediately thereafter publish a notice directed to all parties interested, for at least four weeks in succession, in one or more of the newspapers published in the county where the property shall have been saved. Every such notice shall contain a minute description of such wrecked property, and every bale, bag, box, cask, piece or parcel thereof, and of the marks, brands, letters and figures on each, and shall state where such wrecked property then is, and its actual condition, and the name, if known, of the vessel from which it was taken or cast on shore, and of the master and supercargo of such vessel, and the place where such vessel then is, and its actual condition. The expense of publishing every notice required to be published relating to wrecks shall be charged on the property or proceeds to which it relates. Formerly L. 1890, ch. 569, § 149. There shall § 93. Appointment of wreck-masters. continue to be fifteen wreck-masters for the county of Suffolk, twelve in the county of Queens, three in the county of Kings, two in the county of Richmond and two in the county of Westchester, who shall hold their offices for two years, and be ap pointed by the governor. Formerly L. 1890, ch. 569, § 150. Art. 8 Application; Laws Repealed; When to Take Effect. §§ 100-102 ARTICLE 8 Application; Laws Repealed; When to Take Effect Section 100. Application. 101. Laws repealed. 102. When to take effect. § 100. Application. This chapter shall be applicable to all vessels navigating the waters within the jurisdiction of this state, except that vessels having a certificate of inspection from the United States board of supervising inspectors of steam vessels in force at the time shall not be subject to the provisions of section six of this chapter, and that private vessels shall be subject only to the provisions of sections eleven and twelve of this chapter, and except that the provisions of this chapter shall not apply to vessels upon any of the waters of the state which are governed by a special navigation law. Nothing in this chapter shall be so construed as to suspend the provisions of sections three hundred and forty-two to three hundred and forty-five, both inclusive, of the Greater New York Charter. Formerly L. 1897, ch. 592, § 1 part, as am'd by L. 1903, ch. 420, § 1. § 101. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. Formerly L. 1897, ch. 592, § 80. § 102. When to take effect. This chapter shall take effect immediately. Formerly L. 1897, ch. 592, § 81. SCHEDULE OF LAWS REPEALED. Revised Statutes.... Part 1, chapter 9, title 7, sections....7-9 Revised Statutes.... Part 1, chapter 20, title 10, ..All Revised Statutes.... Part 1, chapter 20, title 15, sections. .12-14 |