TITLE 11. Drift-nets in certain waters. Fishing at Saratoga or $7. During the months of March, April, or May, in any year, no person shall use or employ any drift-net, in any of the waters of this state, at or below the city of New-York.30 $8. During the same months, in any year, no person shall fish, in Fort-Miller any manner, on Saratoga or Fort-Miller falls, except on Monday, Friday and Saturday, in each week.30 falls. Penalty for violating two $9. Whoever shall violate either of the provisions of the two last last sections. preceding sections, shall for every offence, forfeit the sum of twentyfive dollars. 30 Spearing pike in certain place. Certain nets may be used in parts of Hudson river. Poles, &c. connected therewith, $ 10. No person shall spear any fish commonly called pike, in the waters of the Hudson river, between the Fort-Miller dam and the vil lage of Waterford; and whoever shall violate this provision, shall forfeit, for every offence, the sum of ten dollars. 31 $11. Hoop-nets, fikes, or set-nets, may be used for catching fish in Hudson's river, on the flats, and along the flats and shores between the city of New-York and the state dam at Fort-Edward, provided they be constructed with buoys not exceeding four feet in length, and two feet in diameter; but such hoop-nets, fikes, or set-nets, shall not be used in the channel of said river, nor in any place that was occupied, or used, prior to the eleventh day of April, one thousand eight hundred and fifteen, for the purpose of drawing seines.32 S 12. Such poles, stakes, or timber, as may be necessary in fishing with the hoop-nets, fikes, or set-nets authorised in the preceding secmay be set, tion, may be set in any part of Hudson's river, out of the channel thereof, between the points mentioned in the last preceding section, provided the navigation of said river be not thereby obstructed or endangered. $2 Suits for penalties. This title not to apply to Staten-Island Powers of common 32 $ 13. All penalties imposed in the preceding sections of this Title, shall be for the use of the poor, and shall be sued for and recovered by the overseers of the poor of the city or town in which the offence shall be committed. $ 14. Nothing contained in the preceding sections of this Title, shall be construed to affect any special provisions heretefore made by law, and now in force, concerning the fisheries in the waters adjacent to Staten-Island. $ 15. The courts of common pleas in the several counties of this pleas to regu- state, shall have power to regulate the fishing in any of the streams, late fisheries. ponds, or lakes, in their respective counties; and to make such order and rule to prevent the destruction of fish therein, as they shall deem proper; and from time to time to remove any restriction against fishing therein, heretofore imposed by law, except the restriction against (30) Laws of 1815, p. 149, § 4 & 6. (31) Laws of 1827, p. 97. (32. Laws of 1815, p. 148. § 1 & 2. To prescribe fishing on Sunday, herein before provided. They shall also have TITLE 11. power to prescribe such penalties for the violation of any such order or rule, not exceeding twenty-five dollars for each offence, as they penalties. shall deem proper. 33 orders, &c. $ 16. No such order or rule shall be made, at any one time, to Duration of continue in force for any longer term than three years; and every such rule or order may, from time to time, be altered, modified, or annulled by such courts, in their discretion. to any order. $ 17. No such order or rule shall be made, except upon the ap- Pre-requisite plication of at least six freeholders of the town or towns in which such stream, pond, or lake, is situated, nor shall any such order or rule be altered, modified, or annulled, except upon the like application. plication for $18. Before the making of any such application, a notice, signed by Notice of ap the persons making the same, and setting forth the object of the in- order. tended application, and the time when the same is to be made, shall be posted up on the outer door of the court-house of the county in which such stream, pond, or lake is situated, at least three weeks before the making of such application, and shall be published three weeks successively in one of the newspapers printed in such county, or if there be no newspaper printed therein, then in the newspaper printed nearest to the stream, lake, or pond, mentioned in the notice. And before the court shall proceed to make, alter, modify, or annul any such order or rule, due proof shall be produced of the posting and publishing of such notice as herein required. $ 19. Every such order or rule, when granted, shall be entered at length by the clerk of the county, in the minutes of the court, kept by him; and a certified copy thereof shall be immediately posted by him on the outer door of the court-house of the same county, and continued for six Mondays successively, after the granting of such order or rule. Such copy shall also be published for three weeks successively in a newspaper, as provided in the last preceding section. Orders to he entered, post and pub lished. to take effect. $20. After such order or rule shall have been duly posted and When orders published for the period above prescribed, it shall be binding on all persons; and every person who shall violate the same, shall, for every such offence, forfeit the sum prescribed therein, for the use of the poor. whom paid. S21. The costs and expenses incident to every application for any Expenses, by such order or rule, shall be paid by the persons who shall have signed the notice of the application. (33) This and the remaining sections of this Title, are taken, with some variations, from Laws of 1826, p. 246, § 1, 2 & 3. TITLE 12. TITLE XII. Owners, &c. of wrecked property to recover same Powers and duty of she and wreck masters. OF WRECKS. SEC. 1. Wrecked property to be recovered by owners, &c. on paying salvage, &c. 4. Sale how to be made; proceeds to whom to be paid. 5. Upon claim within one year, order for wreck or its proceeds to be granted. 6. Bond to be given previous to order; its penalty and condition. 7. Where to be filed; when to be prosecuted. 8. Owner may sue for property, although claim rejected; costs to be deducted. 9. Person having wreck, to state claim for salvage, &c. in writing, &c. 10. Duties of wreck-masters. 11. Officers and citizens to aid them, when required. 12. Officers, &c. entitled to salvage and expenses; until paid, wreck may be detained. 13. Extent of salvage; agreements, &c. for more, void. 14 & 15. If salvage, &c. not settled amicably, appraisers to be appointed; proceedings. 16. Appraisers to be sworn; their powers; effect of their decision. 17. Appraisers' fees and expenses, by whom to be paid. 18. When wrecked property to be sold and proceeds paid into treasury. 19. Last section to apply to proceeds of property sold; balance to be paid into treasury. 20. Notice of sale of wrecked property to be published in New-York; its contents. 21. Officer having custody of wrecked property, to publish notice in New-York. 22 & 23. Contents of notice; expense of publishing how defrayed. 24. Penalty on officers violating provisions of this Title. [25. Penalty on persons having wrecked property, for not delivering to officers. 27. Officers to complain of offenders to grand jury. $1. No ship, vessel, or boat, nor any goods, wares, and merchandize, that shall be cast by the sea upon the land, shall be deemed to belong to the people of this state, as wrecked property, but may be recovered by the owner, consignee, or person having the charge thereof, at the time of the happening of the disaster by which the wreck was occasioned, upon the payment of a reasonable salvage, and necessary expenses. 34 $2. The sheriff, coroners and wreck-masters of every county in riffs, coroners which any wrecked property shall be found, when no owner, or other person entitled to the possession of such property, shall appear, shall severally have power, and it shall be their duty, to pursue all necessary measures for saving and securing such property; to take possession thereof, in whose hands soever the same may be, in the name of the people of this state; to cause the value thereof to be appraised by indifferent persons; and to keep the same in some safe place, to answer the claims of such persons as may thereafter appear entitled thereto. Proceedings for sale of wreck. $3. If the property so saved shall be in a perishable state, so as to render the sale thereof expedient, it shall be the duty of the officer in whose custody the same shall be, to apply to the first judge of the county, by a petition supported by an affidavit of the facts, for an or der authorising such sale; and if the judge to whom such application shall be made, shall be satisfied that a sale of the property would be (34) This Title is founded upon the act at p. 68, 1 R. L. from which it differs essentially in the details. most beneficial to the parties interested, it shall be his duty to make TITLE 12. the order so applied for. ceeds how $4. If such order be made, the officer having custody of the pro- Sale; pro perty directed to be sold, shall sell the same at public auction, at the disposed of. time and in the manner that shall be specified in the order, and the proceeds of such sale, deducting the expenses thereof, as the same shall be settled and allowed by the judge making the order, shall be paid to the treasurer of the county in which the property shall have been found. wreck or pro claimant year. $5. If within a year after such wrecked property shall have been Order for found and saved, any person shall claim the same or the proceeds ceeds to thereof, as owner or consignee, or as the agent of the owner or con- within one signee, and shall establish his claim by evidence, which the first judge of the county shall deem to be satisfactory, it shall be the duty of such judge to make an order directing the officer, in whose possession such property or the proceeds thereof 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 such property. given. $6. No such order shall however be made, unless the claimant Bond to be shall deliver to such judge a bond, with one or more sufficient sureties to be approved of by the judge, conditioned for the payment of all Its condition. damages that may be recovered against such claimant or his representatives, within two years after the date of such bond, by any person establishing his title as owner of the property, or proceeds, to be delivered. The bond shall be taken in the name of the people of this state, and the penalty shall be double the value of the property or proceeds before mentioned. Its penalty. $7. The bond shall be filed in the clerk's office of the county in To be filed ; which it shall be taken. If it shall become forfeited, it shall be the duty of the first judge of such county, upon the application, supported. by due proof, of the person entitled to the damages mentioned in the when prosecondition of the bond, to make an order for the prosecution thereof, for the benefit of such person and at his risk and expense. cuted. sue, although ed. 58. The rejection by the judge, to whom it may be exhibited, of Owner may any claim for wrecked property, shall not preclude the claimant from claim rejectmaintaining a suit 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 suit shall prevail, there shall be deducted, in addition to the salvage and expenses charged on the property, from the damages to be recovered, all the costs of the defendant in making his defence. $9. It shall be the duty of every officer to whom any order duly Claim for sal made, for the delivery of wrecked property, or the payment of its writing. vage to be in TITLE 12. proceeds, shall be directed, to 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 in all cases, after the paypaid, proper ment 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. On being ty, &c. to be delivered. Duties of wreck-ms ters. Officers and citizens to aid them. Officers, &. entitled to until paid, wreck may be detained. $10. It shall be the duty of the wreck-masters, in the several counties, in which they shall be appointed, to 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 to use their utmost endeavors to save and preserve such vessels and their cargoes, and all goods and merchandize which may be cast by the sea upon the land; and in the performance of these duties they shall employ such and so many men as they may respectively think proper. S 11. It shall be the duty of all magistrates, constables and citizens to aid and assist the wreck-masters, when required in the discharge of their duties. S 12. All sheriffs, coroners and wreck masters, and all persons emsalvage, &c. ployed by them, and all other persons aiding and assisting in the recovery and preservation 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. $13. The whole salvage that shall be claimed in any case shall not exceed one half of the value of the property or proceeds on which such salvage shall be charged, and every agreement, order or adjustment allowing a greater salvage shall be void. Extent of salvage, &c. to ascertain if disputed. Proceedings S14. If in any case, the amount of salvage and expenses on prosalvage, &perty saved, shall not be settled by the 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 any one of the judges of the county court of the county in which such property shall be, for the appointment of suitable persons as appraisers, to adjust and settle the amount of such salvage and expenses. $15. It shall be the duty of the judge to whom such application shall be made, by an order under his hand and seal, to appoint three disinterested freeholders of the county, not inhabitants of the town in which the property shall have been saved, to adjust and settle such salvage and expenses. |