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$ 31. In those counties in which the distinction between town and TITLE 10. county poor is or shall be abolished, all monies received for excise, duty in any city or village, except the city of New-York, shall be paid nies in certain into the county treasury for the support of the poor; and the same re- paid to couumedies may be had for the collection thereof, by the county treasurer against the trustees, or other persons receiving the same, as in the case of commissioners of excise of a town.

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TITLE X.
OF THE NAVIGATION OF RIVERS AND LAKES, AND THE OBSTRUC.

TION OF CERTAIN WATERS.
Sec. 1. Steam-boats meeting, to pass to the starboard or right of each other.

2. Passengers not to be put in small boats, until they are disengaged, &c.
3. Engine of steam-boat to be stopped at certain times.
4. Passengers may be landed or brought to boat, by line hauled by hand.
5. Enginc to stop during landing, &c. of passengers, except in certain cases.
6. Oars to be kept in small boats; signals when to be given.
7. Steam-boats going the same direction, how far to keep from each other
8. Lights to be carried by steam-boats navigating in the night time.
9. Penalties for violations of 8 last sections; how collected and applied.
10. When penalties incurred by masters, may be recovered of owners of boats.
11. Attaching line to machinery of boat, &c. in certain cases, how punished.
12. Vessels in Hudson river, &c. to show lights in night time; penalty.
13. The first 14 sections of this Title, to be posted in every steam-boat.
14. Definition of the term “ master," as used in this Title.
15. Certain nets and other obstructions in channel of Hudson river, forbidden.
16. Obstructions below New-York forbidden; penalty for violating this and last section
17. Qualification of last section, as to certain waters.
18. Penalties for obstructions in Hudson river, out of its channel.
S 1. Whenever any steam-boats shall meet each other on the wa- Steam-boats

to pass on ters of the Hudson river, or on any other waters within the jurisdic-th

the starboard

side of each tion of this state, each boat so meeting shall go towards that side of the site river or lake which is to the starboard or right side of such boat, so as to enable the boats so meeting, to pass each other with safety.15 S 2. Whenever any passenger is about to be landed from any Small boats

to be disensteam-boat navigating the waters of this state, and such steam-boat gaged before

passengers shall not be so near the shore, that the passenger can be landed im- put on board mediately from the steam-boat on the shore, no passenger shall be put or suffered to go into any small boat, for the purpose of being landed, until such small boat shall be completely afloat, and wholly disengaged from the steam-boat, except by a painter.15 $ 3. While any passenger is getting into a small boat, from a When engine

to be stopped. steam-boat, for the purpose of being landed, the engine of the steamboat shall be stopped, and when any passenger is taken on board of any small boat belonging to any steam-boat, the engine of such steamboat shall be stopped while such small boat is at the shore, and until such passenger shall have left the small boat and be on board of the steam-boat, except as herein after specified. 16

(15) Laws of 1826, p. 252, § 1 & 2 (16) Laws of 1828, p. 204, § 2, 3, 4 & 5. VOL. 1.

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TITLE 10. S 4. Passengers may be landed in a small boat by means of a line

from the steam-boat, and boats from the shore containing passengers may be used may be drawn to a steam-boat, by means of a line hauled in by hand; sengers, &c. but in no case shall the line be attached to, or hauled in, by the ma

chinery of the steam-boat. "? Daring land- $ 5. During the time of landing and receiving any passenger, the parongers, engine of the steam-boat shall not be put in motion, except,

1. To give sufficient force to carry the small boat to the shore; or,

2. To keep the steam-boat in proper direction, and to prevent her

from drifting or being driven on shore. 17 Oars in small $ 6. In every small boat, while landing or receiving any passenger

from or on board of any steam-boat, there shall be kept a good and sufficient pair of oars suitable for such small boat ; and in landing or receiving any passenger in the night time, there shall be a signal given from the small boat at the shore, by means of a horn or trumpet, to enable those having charge on board the steam-boat, to determine when the small boat, having landed or received her passengers, is

ready to leave the shore.17 Navigation $7. Whenever any steam-boat shall be going in the same direc

tion with another steam-boat ahead of it, it shall not be lawful to navigate the first mentioned boat so as to approach, or pass the other boat so being ahead, within the distance of twenty yards; and it shall not be lawful so to navigate the steam-boat so being ahead, as unnecessarily to bring it within twenty yards of the steam-boat following it. 18

S 8. Whenever any steam-boat shall be navigating in the night time, the master of such boat shall cause her to carry and show two good and sufficient lights, one of which shall be exposed near her bows, and the other near ber stern, and the last shall be at least twenty feet

above her deck. 18 Ponalty for S 9. Every master of any steam-boat, who shall violate either of the 8 sections : preceding eight sections, shall for every such offence, forfeit the sum of how collect two hundred and fifty dollars, to be sued for in the name of the people,

by the district attorney of any county bordering on the waters on which

the offence shall have been committed, to whom notice shall first be where paid; given of the commission of such offence. The penalty, when reco

vered, shall be paid into the county treasury of the county for which such district attorney shall have been appointed, for the use of the poor of the county, except that the court in which the recovery shall be had, may order such portion thereof, not exceeding twenty-five dollars, as it shall deem just, to be paid to the district attorney by whom the suit shall have been prosecuted, as a compensation for bis

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services and expenses, beyond the taxable costs to be recovered by TITLE 10. him. 19

S 10. The owners of every steam-boat shall be deemed responsible Owners liable for the good conduct of the masters employed by them; and if any incurea bise penalty incurred by such master cannot be collected of him by due " course of law, the same may be recovered of the owners of the boat in whose employ he was at the time such offence was committed, jointly and severally, in the same manner as if they were sureties of such master. 19

$ 11. In case any line used for the purpose of landing or receiving Punishment passengers, shall be attached in any way to the machinery of any line to ma. steam-boat, or the small boat shall be hauled in by means of such ma- boat, &c. chinery, the person having the command or charge of such steam-boat, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine or imprisonment, or both, in the discretion of the court before which such conviction shall be had; but such fine shall not exceed two hundred and fifty dollars, and such imprisonment three months.20

$ 12. Whenever any vessel navigating that part of the Hudson Vessels to riyer which is north of the battery, at the southern extremity of New-night lights in York, or navigating lake Champlain, shall be at anchor in the night time, the master of such vessel shall cause her peak to be lowered, and shall cause a good and sufficient light to be shown in some part of her rigging, at least twenty feet above her deck, and from her taffril; under the penalty of fifty dollars, to be sued for and recovered, Penalty. against the master of such vessel, by the overseers of the poor of the city or town in which the offence shall have been committed. And when in case such penalty cannot be collected from the master, the owners of vessels of such vessel shall be liable therefor, as provided in the preceding tenth section.21

S 13. It shall be the duty of the master of every steam-boat navi- Firat 14 nocgating the waters of this state, to keep a copy of the first fourteen sec- posted in tions of this Title posted in a conspicuous place in such boat, for the boat; inspection of all persons on board the same; and in case of neglect herein, every such master shall forfeit at the rate of twenty-five dol- negleci : lars per month, for all the time during which he shall be guilty of such neglect, to be sued for and recovered in the name of the people of this state, by the district attorney of any county bordering on the ed and apwaters on which the offence shall have been committed, to whom notice shall first be given of the commission of such offence. The penalty, when recovered, shall be for the use of the poor of the county for which the district attorney, by whom the suit shall have been prosecuted, was appointed.22

When own

(19) Laws of 1826, p. 252, § 1, 2, 3, 4, . 8. (20) Laws of 1928, p. 206, 67. (21) Laws of 1926, p. 251, § 5. (22) Ib. p. 255, $ 8 & 12.

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Term " mas

Prohibition against ob

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Penalty for violations of this and last section.

TITLE 10. S 14. The term “master," whenever it occurs in the foregoing w stiane

sections, shall be construed to apply to every person having, for the tur" defined time, the charge, control or direction of any steam-boat, or other

vessel comprised within the provisions of those sections. Prohibition $ 15. No person shall make use of any set-nets, weirs, hoop-nets, sunctions in or fikes in the channel of Hudson river, at any place between the Hudson river. city of New-York and the state dam at Fort-Edward; nor shall any

person set, drive or place, or cause to be set, driven or placed, any hedge, stake, stone, post, pole, anchor, or any other fixture, for any purpose whatever, in the said channel, at any place within the points

above specified.23 Obstructions $ 16. No person shall set or place, or cause to be set or placed, New-York. during the months of March, April or May, in any year, in any of

the waters of this state at or below the city of New York, any fikenet, gill-net, hoop-net, set-net, or any other net or weir, by means of any hedge, stake, stone, post, pole, anchor, or any other fixture, to extend into the channel of said waters, or to any greater distance from the shore, in any case, than twenty rods from the ordinary low water mark. Whoever shall violate the provisions of this or of the preceding section, shall, for every offence, forfeit the sum of one hundred and fifty dollars, for the use of the poor of the county in which such offence shall be committed, to be sued for in the name of the people, by the district attorney of any county bordering on the waters on which the offence shall have been committed, to whom

notice shall first be given of the commission of such offence.24 Last section S 17. The last preceding section shall not be construed to affect

any special regulation heretofore made by law, and now in force, concerning the placing of nets or obstructions in the waters adjacent to Staten Island, and to the town of New-Utrecht.25

S 18. No person shall make use of any fike-net, gill-net, hoop-net, opuctions out set-net, or any other net or weir, nor set, drive or place any hedge, Hudson rifer. stake, stone, post, pole, anchor, or any other fixture, in any part of

Hudson river, out of the channel thereof, between the city of NewYork and the state dam at Fort-Edward, other than such as are permitted to be used or placed for the purpose of catching fish, in the next Title of this Chapter. Whoever shall violate either of the provisions of this section, shall, for every offence, forfeit the sum of twenty-five dollars, for the use of the poor of the city or town in which such offence shall be committed; and shall be liable to indictment for a misdemeanor, punishable on conviction, by a fine not exceeding five dollars, or by imprisonment in a county jail not exceeding thirty days, or by both such fine and imprisonment. 26

(23) Laws of 1815, p. 148, § 1 & 2. (24) Ib. 8 5 & 6; Laws of 1816, p. 188, § 1; 1820, P27. (25) Same references, and Laws of 1822, p. 107. (26) Laws of 1815, p. 148; 1828, p. 309, $1.

qualified.

Provisions

Hudson river.

TITLE 11.

TITLE XI.
OF FISHERIES GENERALLY, AND PARTICULARLY IN HUDSON RIVER,

AND AT AND BELOW THE CITY OF NEW-YORK.
Sec. 1. Cocolus indicus not to be thrown into streams, &c.

2. Penalty for violating last section. 3. Salmon not to be taken between certain days; penalty. 4. At certain seasons, fish not to be taken in certain waters on Sunday. 5 & 6. Fishing with seines or nets on Sunday in any waters, prohibited ; penalty. 7. Drift nets not to be used in certain waters, during certain months. 8. Fishing at certain places prohibited except on certain days. 9. Penalty for violating two last sections. 10. Penalty for spearing pike between Fort-Miller dam and Waterford. Il. Nets of certain description may be used in parts of Hudson river. 12. Certain poles, &c. may be set in that river, out of its channel. 13. Penalties how applied ; by whom sued for. 14. Laws concerning fisheries adjacent to Staten-Island, not to be affected, 15. Courts of common pleas may regulate fishing in their counties. 16. Orders not to continue in force more than three years ; may be modified, &c. 17. Not to be made or altered, without application of six freeholders. 18. Notice of application for any order, &c. how to be given and published. 19. Orders to be entered in minutes of court ; to be posted and published. 20. Orders to take effect after such posting and publication. 21. Costs and expenses of application, &c. by whom to be paid. S 1. No person shall put, cast, or throw, into any of the waters Use of coco

lus indicus of this state, for the purpose of taking or destroying any fish being in prohibited. any of said waters, any of the berry commonly called cocolus indicus, whether it be mixed with any other substance or not.27

$ 2. Whoever shall violate either of the provisions contained in Penalty. the preceding section of this Title, shall, for every offence, forfeit the sum of twenty-five dollars. 27 S 3. No person shall catch, take, or destroy, any of the fish usu- Penalty for

taking salally called salmon, in any of the waters of this state, between the mon at cer

tain times. twentieth day of October, in any year, and the first day of February thereafter; and whoever shall violate the provisions of this section, shall, for every offence, forfeit the sum of ten dollars. 28

$ 4. Between the same periods, in any year, no person shall fish When fish with seines, or set, or draw, or raise any sort of nets, or in any man- taken on

Sunday. ner take fish, in any of the waters of this state, at or below the city of New-York, after the setting of the sun on Saturday of each week, until the rising of the sun on Monday following. 28

$ 5. No person shall fish with seines, or set, or draw, or raise, any Fishing sort of nets, in any of the waters within this state, between twelve soines, &c. on

Sunday. o'clock at night of Saturday, in each week, and twelve o'clock at night of the following Sunday. 29

S 6. Every person who shall violate either of the provisions of the penalty fo two last preceding sections, shall for every offence, forfeit the sum of violating two twenty-five dollars, but shall not be liable to any penalty imposed in the eighth Title of this Chapter. 29

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