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TITLE 13.

Appraisers to

$ 16. The persons so appointed, before they shall enter on the formance of their duties, shall be sworn to perform faithfully and impartially the duties of their trust, before any officer authorised to ad- be sworn. minister oaths. They shall have power to issue compulsory process Their powers for the attendance of witnesses, and to administer oaths to all witnesses who shall attend or be produced; and their decision, or that of Effect of their any two of them under their hands, as to the amount of salvage and expenses that ought to be paid, and the sums to be paid to each person entitled to share in such salvage, or claiming such expenses, shall be final and conclusive.

decision.

whom to be

paid.

$ 17. The fees and expenses of the appraisers shall be paid by the Fees and ex person upon whose application they shall have been appointed, and by shall be a charge on the property saved. Each appraiser shall be entitled to two dollars for each day's necessary attendance, and to a sum not exceeding one dollar for his daily expenses.

wrecked pro

sold;

be paid into

$ 18. If within a year after wrecked property shall have been sav- When ed, no person shall have appeared to claim the same, or if within perty to be three months after a claim shall have been preferred, the salvage and expenses on such property shall not have been paid, or a suit for the recovery of the property have been commenced, it shall be the duty of the officer in whose custody such property shall be, to sell the same at public auction, and to pay the proceeds of such sale, deducting sal- proceeds to vage and expenses, into the treasury of this state, for the benefit of the treasury; parties interested; but in no case shall any deduction of salvage and deductions expenses be made, unless the amount thereof shall have been settled for salvage, upon due proof, by an order of the first judge of the county in which the property shall have been saved, a copy of which order and of the evidence in support thereof, shall be transmitted by the judge making it, to the comptroller.

&c.

Last section

proceeds of

$ 19. The provisions of the preceding section shall be construed to apply to the proceeds of wrecked property, so far as relates to the to apply to time and manner of settling the salvage and expenses chargeable there- Property sold The balance of such proceeds, after the salvage and expenses, as settled, shall have been deducted, shall be paid by the county treasurer into the treasury of this state.

on.

sales, when

ed.

$20. Public notice of every sale to be made of wrecked property, Notices of under the provisions of this Title, shall be published by the officer to be publishmaking the sale, for at least two weeks in succession in one or more of the newspapers printed in the city of New-York. 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.

$21. Every sheriff, coroner, or wreck-master, into whose posses- Notice of sion any wrecked property shall come, shall immediately thereafter wrecked propublish a notice directed to all parties interested, for at least four published.

perty to be

TITLE 12 weeks in succession, in one or more of the newspapers printed in the city of New-York.

Contents of notice.

Expense how

paid.

Penalties on officers for

this Title.

$22. Every such notice shall contain a minute description of such wrecked property, and of 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.

$ 23. The expenses of publishing every notice directed to be published in this Title, shall be charged on the property or proceeds to which such notice shall relate.

S24. Every sheriff, coroner, wreck-master, or other officer, who violations of shall detain in his hands any wrecked property or the proceeds thereof, after the salvage and expenses chargeable thereon shall have been agreed to or adjusted, and the amount thereof shall have been paid, or offered to be paid to him, or who shall be guilty of any fraud, embezzlement or extortion, in the discharge of his duties, or who shall, in any manner, violate the provisions of this Title, shall forfeit treble damages to the party injured, and shall be deemed guilty of a misde

Persons haying wrecked

deliver same,

&c.

meanor.

$25. Every person who shall take away any goods from any property, to stranded vessel, or any goods cast by the sea upon the land, or found in any bay or creek, or who shall knowingly have in his possession any goods so taken or found, and shall not deliver the same to the sheriff, or one of the coroners or wreck-masters of the county where the same shall have been found, within forty-eight hours after the same shall have been taken by him, or have come into his possession, ponality for shall forfeit treble the value of the goods so taken or kept by him, to the owner or consignee thereof, and shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried.

neglect.

Defacing marks, &c.

$26. Every person who shall deface or obliterate the marks on wrecked property, or in any manner disguise the appearance thereof, with intent to prevent the owner from discovering its identity, and Destroying every person who shall destroy or suppress any invoice, bill of lading, or other document, tending to show the ownership of wrecked property, shall be deemed guilty of a misdemeanor, punishable by fine and imprisonment, the fine not to exceed two thousand dollars, the imprisonment, three years.

invoices, &c.

Offenders to be presented

S 27. It shall be the duty of all judges, sheriffs, justices of the to grand jury. peace, coroners, constables and wreck-masters, to present all offences and offenders against the provisions of this Title, that shall come to their knowledge, within their respective counties, to the grand jury, at the next court of general sessions therein.

TITLE XIII.

OF THE LAW OF THE ROAD, AND THE REGULATION OF PUBLIC

STAGES.

SEC. 1. Persons in carriages meeting on any road, to turn to the right; penalty.

2. Penalty on owners of stages, &c. employing drivers addicted to drunkenness.

3. Owner when to discharge driver; penalty for neglect.

4. Punishment for running horses drawing any carriage.

5. Penalty on drivers for leaving horses without being tied, &c.

6. Owners of certain carriages liable for acts of drivers, negligent or otherwise. 7. Meaning of term "carriage," as used in this Title.

S. Laws of cities, &c. concerning hackney coaches, not to be affected.

TITLE 13.

meeting on

to the right.

1. Whenever any persons travelling with any carriages, shall Carriages meet on any turnpike road or public highway in this state, the per- roads to turn sons so meeting shall seasonably turn their carriages to the right of the centre of the road, so as to permit such carriages to pass without interference or interruption, under the penalty of five dollars for every neglect or offence, to be recovered by the party injured.35

dicted to

not to be

$2. No person owning any carriage running or travelling upon Drivers adany road in this state, for the conveyance of passengers, shall employ, drunkenness, or continue in employment, any person to drive such carriage, who employed. is addicted to drunkenness, or to the excessive use of spirituous liquor; and if any such owner shall violate the provisions of this section, he shall forfeit at the rate of five dollars per day, for all the time during which he shall have kept any such driver in his employment, to be sued for by the district attorney of the county in which such collected: owner shall reside. The penalty, when recovered, shall be for the how applied. use of the poor of such county, except that the court in which the recovery shall be had, may allow a portion of said penalty, not exceeding twenty-five dollars, to be retained by such district attorney, as a compensation for his services and expenses, beyond the taxable costs.36

penalty how

to be dia

S3. If any driver, whilst actually employed in driving any such Drivers when carriage, shall be guilty of intoxication, to such a degree as to endan- charged: ger the safety of the passengers in the carriage, it shall be the duty of the owner of such carriage, on receiving written notice of the fact, signed by any one of said passengers, and certified by him on oath, forthwith to discharge such driver from his employment; and every such owner who shall retain or have in his service, within six months penalty for after the receipt of such notice, any driver who shall have been so intoxicated, shall forfeit at the rate of five dollars per day, for all the time during which he shall keep any such driver in his employment after receiving such notice, to be sued for and applied as directed in the last preceding section.

neglect.

horses in any

$4. No person driving any carriage upon any turnpike road or Ring public highway within this state, with or without passengers therein, carriage, proshall run his horses, or cause or permit the same to run, upon any oc

(35) 2 R. L. p. 283, § 41 ; ib. p. 227, § 6. (36) Laws of 1827, p. 229, § 1.

hibited.

TITLE 14. casion or for any purpose whatever; and every person who shall offend against the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not exceeding one hundred dollars, or imprisoned not exceeding sixty days, at the discretion of the court.37

Leaving horses with. out being tied, &c.

Owners of certain car

for acts of drivers.

$5. It shall not be lawful for the driver of any carriage used for the purpose of conveying passengers for hire, to leave the horses attached thereto, while passengers remain in the same, without first making such horses fast with a sufficient halter, rope or chain, or by placing the lines in the hands of some other person, so as to prevent their running; and if any such driver shall offend against the provisions of this section, he shall forfeit, for the use of the poor, the sum of twenty dollars, to be recovered by action to be commenced within six months. And unless the amount of such recovery be paid forthwith, an execution shall be immediately issued therefor.37

$6. The owners of every carriage running or travelling upon any riages liable turnpike road or public highway, for the conveyance of passengers, shall be liable, jointly and severally, to the party injured, in all cases, for all injuries and damages done by any person in the employment of such owner or owners, as a driver, while driving such carriage, to any person, or to the property of any person; and that whether the act occasioning such injury or damage be wilful or negligent, or otherwise, in the same manner as such driver would be liable.38

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$7. The term "carriage," as used in this Title, shall be construed to include stage-coaches, waggons, carts, sleighs, sleds, and every other carriage or vehicle used for the transportation of persons and goods, or of either of them.

Ss. Nothing contained in this Title, shall interfere with or affect any law concerning hackney coaches or carriages in any of the cities of this state, nor interfere with nor affect the laws or ordinances of any such city for the licensing or regulating such coaches or carriages."

39

Punishment for negli

woods, &c.

TITLE XIV.

OF THE FIRING OF WOODS.

SEC. 1. Penalties for negligently setting fire to woods, or suffering it to extend.
2. When woods on fire, certain officers to order inhabitants to assist in extinguish-
ing, &c.

3. Penalty for refusal or neglect to obey order.

4. Sums recovered as penalties, shall be applied as rewards, &c.

$1. Every person negligently setting fire to his own woods, or gence in firing negligently suffering a fire kindled upon his own wood or fallow land, to extend beyond his own land, shall forfeit treble damages to the party injured thereby. Every person so offending shall also be deem (37) Laws of 1824, p. 347, § 2; of 1826, p. 254, § 6, 7 & 9. (38) Laws of 1824, p. 36,

§ 1. (39) Laws of 1826, p. 254, § 10.

ed guilty of a misdemeanor, and on conviction, shall be punished by TITLE 15. fine or imprisonment, or both, at the discretion of the court; such fine not to exceed one thousand dollars, and such imprisonment not to ex

ceed one year. 40

inhabitants

assist in ex

fire.

S2. Whenever the woods in any town shall be on fire, it shall be By whom the duty of the justices of the peace, the supervisor and the commis- ordered to sioners of highways of such town, and of each of them, to order such tinguishing and so many of the inhabitants of such town liable to work on the highways, and residing in the vicinity of the place where such fire shall be, as they shall severally deem necessary, to repair to the place where such fire shall prevail, and there to assist in extinguishing the same, or in stopping its progress.

neglect.

$ 3. If any person so ordered to repair to and assist, in manner Penalty for aforesaid, shall refuse or neglect to comply with any such order, he shall forfeit and pay the sum of fifty dollars, and shall also be deemed guilty of a misdemeanor, and on conviction shall be punished by fine or imprisonment, or both, at the discretion of the court; such fine not to exceed one hundred dollars, and such imprisonment not to exceed sixty days.

on as re

S4. Every forfeiture recovered under the last section, shall be shall be givapplied as a reward to such person or persons as the officers above wards, &c. mentioned, or a majority of them, shall deem best entitled thereto, for superior exertions in extinguishing or stopping the progress of such fire.

TITLE XV.

OF THE EMBEZZLEMENT OF TIMBER FLOATING.

SEC. 1. Owners of logs, &c. drifted on shore, &c. may take them, on paying damages.
2 & 3. In case of dispute, damages to be determined by fence-viewers; their powers.
4. If drifted lumber not removed within 3 months, notice to be given to town clerk.
5. To be filed, and exhibited to all persons requiring to see it.

6. Lumber to be detained until damages paid; how to be ascertained.

7. If not claimed within six months, notice to town clerk, who shall sell it.

8. Fees of clerk on sale; application of proceeds.

9. Damages to be assessed before payment by clerk.

10. Punishment for defacing marks, or putting false marks on certain lumber.

11. Penalty for converting lumber in certain situations.

12. Marks on timber in certain part of Hudson river, to be recorded.

13. Consequence of neglecting to record mark.

14. Fees for recording; effect of entry or copy, as evidence.

15. Penalty for drawing to shore, &c. timber, &c. floating in certain places.

16. Persons may be appointed in Albany to take charge of floating timber.

17. Description of lumber to be filed; when and how to be sold.

18. Application of proceeds of sale; owner entitled to surplus.

19. Rejection of claim conclusive, unless suit be brought in six months.

20. If not claimed or suit not brought, proceeds to belong to city.

21. This Title not to extend to drift wood.

(40) The provisions of this Title are taken, with some variations, from 1 R. L. p. 123, § 1, 2 & 3.

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