Provifo. Duration of their office. To appoint a clerk and provide a feal Application for process how to be and for that purpose two of the said justices for the time being, according to the rotation herein after mentioned, shall from and after the first day of May next, meet, sit and hold the said court, in the city-hall of the city of New-York, every day, except Sundays, and except the first day of January, the fourth day of July, the twenty-fifth day of November, and the twenty-fifth day of December in every year; and it shall be the duty of the said justices of the peace in and for the city of New-York, to hold the said court according to the following rotation, that is to say; The first and second persons named in the commission shall attend and hold the said court the first week, and the third and fourth the second week, and so on until all the said justices shall have served one week, if they consist of an even number, or otherwise all but one, and then the persons first and last named in the said commission shall attend and hold the said court the next week, and the second and third persons named therein the week after, and so on in the like rotation thereafter; Provided always, That nothing herein contained shall be construed to exclude or debar any of the said justices although they be not in rotation, from sitting in the said court, but that all and every of them shall and may when and so often as they shall respectively think fit, sit and give judgment therein; and in case of the death or Inability of any of the said justices whose duty it may be to attend the said court according to the said rotation at any time, then and in every such case it shall be the duty of him who is next in rotation to attend the said court in the place of him so deceased or unable to attend; and if the justices present at any time in the said court shall be equally divided upon any question before them, the senior justice present, that is, he whose name stands first in the commission, shall have the casting vote. II. And be it further enacted by the authority aforesaid, That the said justices shall hold their office during the pleasure of the council of appointment; and that new commissions to the justices of the peace in and for the said city shall be issued at least once in every three years. III. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said justices of the peace in and for the said city of New-York, for the time being, or the major part of them, by writing under their hands and seals, from time to time as occasion shall require, to appoint a clerk of the said court and from time to time to remove any such clerk and to appoint another in hisstead; and that it shall be lawful for the said justices and they are hereby required to cause a seal to be made for the said court. IV. And be it further enacted by the authority aforesaid, That all applications for process for the recovery of any An ACT relative to Wharves in the City of New-York. Passed 31st March, 1801. I. E it enacted by the People of the State of New-York, Rates of Brit in be lawful for the owners of wharves in the city of NewYork, to ask and receive to their own use, the following rates of wharfage for all ships and vessels using their wharves respectively, that is to say: For every vessel under the burthen of fifty tons at the rate of fifty cents per day; for every ship or other vessel of the burthen of fifty tons and under the burthen of one hundred tons at the rate of sixty-two and an half cents per day; for every ship or other vessel of the burthen of one hundred tons and under the burthen of one hundred and fifty tons at the rate of seventy-five cents per day; for every ship or other vessel of the burthen of one hundred and fifty tons and under the burthen of two hundred tons at the rate of eightyseven and an half cents per day; for every ship or other vessel of the burthen of two hundred tons and under the burthen of two hundred and fifty tons at the rate of one hundred cents per day; for every ship or other vessel of the burthen of two hundred and fifty tons and under the burthen of three hundred tons at the rate of one hundred and twelve and an half cents per day; for every ship or other vessel of the burthen of three hundred tons and under the burthen of three hundred and fifty tons at the rate of one hundred and twenty-five cents per day; for every ship or other vessel of the burthen of three hundred and fifty tons and under the burthen of four hundred tons at the rate of one hundred and thirty-seven and an half cents per day; for every ship or other vessel of the burthen of four hundred tons and under the burthen of four hundred and fifty tons at the rate of one dollar and fifty cents per day; for every ship or other vessel of the burthen of four hundred and fifty tons and under the burthen of five hundred tons at the rate of one hundred and sixty-two and an half cents per day; for every ship or other vessel of the burthen of five hundred tons and under the burthen of five hundred and fifty tons at the rate of one hundred and seventy-five cents per day for every ship or other vessel of the burthen of five hundred and fifty tons and under the burthen of six hundred tons at the rate of one hundred and eighty-seven and an half cents per day; for every ship or other vessel of the burthen of six hundredtons and upwards to pay twelve and an half cents in addition for every fifty tons in addition to the rate last mentioned, for every day such ship or vessel shall use or be made fast to any of the said wharves. New-York. II. And be it further enacted, That whenever any ship wharfage of or other vessel shall be brought to any dock or wharf to veffels while careening. repairing or repair or careen, and it be found necessary to sling or erect any stage or stages on the sides of the said vessel for the more convenient caulking or repairing the same, or that any boats, scows or floating stages are brought along side said vessel for the purpose of caulking, repairing or careening as aforesaid, it shall and may be lawful for the owner or owners of said wharf, to ask, demand, take and receive thirty-three and one third per cent in addition to the sum the said vessel is liable and compelled to pay for her wharfage as aforesaid. Wharfage how collected III. And be it further enacted. That it shall be lawful for the owner of any wharf in the said city to appoint a Moch bell person to be wharfinger thereof, who shall continue at the fettled. pleasure of such owner, and who may in his own name or in the name of such owner ask and receive the wharfAnd difputes age as it shall become due; and if any difference shall arise between such owner or wharfinger and the master, owner or agent of any ship or vessel, concerning the burthen thereof, either party may apply to one of the wardens of the port of New-York, who shall decide such difference by measuring the ship of vessel, or in such other manner as he shall deem best, and shall, if required by either party, certify under his hand the tonnage of such ship or vessel, and the same shall be final in respect to the rate of wharfage thereof, and the expenses of such determination shall be paid by the party against whom it shall be given ; Provided however, That the same shall not exceed one dollar and twenty-five cents. Provifo. One veffel faftened to at a dock to pay half wharfage. IV. And be it further enacted That every ship or other another being vessel which shall make fast to any other ship or vessel that shall be fastened to any wharf, and being so fastened shall load, unload or careen, shall pay the one half of the rate of wharfage such ship or fessel would have been liable to pay if fastened to such wharf and there loaded, unloaded or careened. Perfons liable age. Provifo. V. And be it further enacted, That the master or owner to pay wharf of any ship or other vessel, or in their absence the factor or agent to whom such ship or vessel shall be consigned, shall be liable to pay the wharfage due for such ship or vessel; Provided however, That such factor or agent shall not be liable for the same, unless an account of the wharfage due be delivered to such factor or agent, or if absent left at his usual place of abode, and the money there demanded before the departure of such ship or vessel from the port. Wharfage ہو VI. And be it further enacted, That when any ship or other vessel has laid twenty-four hours at any wharf, and the master or owner refuses or neglects to pay the wharfage as aforesaid, or to give satisfactory security for the payment of the same, being thereunto required by the owner or wharfinger, by notice in writing being left on board with the mate or one of the hands belonging to said vessel, it shall and may be lawful for the owner or wharfinger to distrain for such wharfage on any goods or chattels found on board such ship or vessel, and so from time to time as often as twenty-four hours wharfage shall become due, and the goods and chattels so distrained, to sell and dispose of in the same manner as is provided in the case of rent. Penalty for difcharging ballaft into any dock or wharf with upon any out leave. VII. And be it further enacted, That if the master or owner of any ship or other vessel shall cause to be discharged therefrom any ballast consisting of earth, gravel or stones into any dock or upon any wharf within the said city of New-York, without the consent of the owner or wharfinger thereof, the master or owner of such ship or other vessel, shall for every such offence forfeit and pay to the owner of such dock or wharf, two dollars and fifty cents, to be recovered with costs of suit before any court having cognizance thereof in the name of the said owner or wharfinger; and if the master or owner of such ship or other vessel, having discharged any such ballast upon any wharf without consent as aforesaid, and after notice for that purpose in writing, shall neglect or refuse to remove the same, he shall forfeit and pay, for every day during such neglect or refusal, the same sum as by law shall be chargeable for the wharfage of such ship or vessel; Provided however, That no agent or factor transacting Provifo. business for any person residing out of or absent from this state, shall be liable to any penalty imposed by this section, unless an account be delivered and the money demanded of such factor or agent as mentioned in the preceding section of this act. VIII. And be it further enacted, That if any person employed in repairing, sheathing or graving any ship or other vessel, being in any dock within the city aforesaid, shall cause any timber or other thing whatsoever, tending to fill up or obstruct such dock, to be thrown into such dock, he shall for every such offence forfeit and pay to the owner or wharfinger of such dock the sum of five dollars, to be recovered in manner aforesaid. Penalty on ftractions in againft in IX. And be it further enacted, That if any wharf in the Remedy said city shall be incumbered with lumber or other articles cumbering so as to incommode the loading and unloading of vessels, wharves. or the passing and repassing of carts, the owner or wharfinger thereof shall give personal fotice, or notice in writing to be left at the place of abode of the owner of such lumber or other articles, or of his factor or agent, to remove the same in a reasonable time, and on neglect thereof, or if the owner of such articles or his factor or agent cannot be found in the said city, and have no place of residence therein, the owner or wharfinger of such wharf may remove the same and keep them in custody till the charges of removal and storage of the articles removed be paid. Against the body. Any perfon on execution alledging he is not liable to imprifonmay dif ment, juftices charge him. 1 ance and costs, or, for his costs aforesaid) and have you then there this precept. Witness (as in case of a summons.) And every execution against the body of any person for any debt, damages or costs recovered or adjudged in the said court, shall be in the following form: "THE PEOPLE (as in the case of the summons) We command you to take A B, if he shall be found in the said city, and bring him forthwith before our justices of the peace in and for the city of New-York, at the city-hall of the said city; to satisfy CD, of the sum of which he lately in our court before our justices of the peace in and for the city of New-York, recovered against the said A B, of debt, and also of the sum of adjudged by the same court to the said C D, for his damages which he hath sustained, as well by the occasion of the detention of that debt as for his costs and charges by him about his suit in that behalf expended. (And if for damages, then) which he lately in our court before our justices of the peace in and for the city of New-York, recovered against the said A B, for his damages, in a certain action of trespass, (or, trespass on the case ;) and also of the sum of adjudged by the same court to the said C D, for his costs and charges by him about his suit in that behalf expended. (And if for a balance found due to the defendant, then) lately in our court before our justices of the peace in and for the city of New-York, adjudged to him as a balance due to him from the said A B, in a certain action lately brought by the said A B, against the said CD, in the same court, and also the sum of adjudged by the same court to the said C D, for his costs and charges by him about his defence in that behalf expended. (And if for costs only, then) lately in our court before our justices of the peace in and for the city of New-York, adjudged to him for his costs and charges by him about his defence in a certain action brought against him in the same court by the said A B, and have you then there this precept Witness (as in the case of a summons.)" And every person taken by virtue of such execution shall be brought before the said court; and if any person so taken and brought before the said court, or brought before the said court by warrant, and a judgment shall thereupon be given against him, shall there alledge that he is not liable to be imprisoned for the cause mentioned in such execution, or on account of such judgment so had, the justices then present shall examine into the truth of the matter, and if they shall find that such person is not liable to be imprisoned for the said cause, they shall cause such But if found person to be discharged from such arrest; but if they not true fhall should be of opinion that such person is by law liable to be cept to com-¿ imprisoned for the said cause, if no such allegation shall -be made, and the money mentioned in such execution, or iffue a pre mit him. |