Графични страници
PDF файл
ePub

such bond was executed, to prosecute the same and recover the penalty thereof for the use of the poor.

TITLE 9.

convic

judgments

to general

S22. Whenever any conviction or judgment shall be Certain obtained against any person licensed to sell strong or spiritu- tions and ous liquors or wines, for any violation of the provisions of to be sent this Title, either in a suit for a penalty, or in a suit upon the sessions. bond given by such person, it shall be the duty of the justice or court before whom the same shall be had, to transmit to the next court of general sessions of the peace of the county, a statement of such conviction or judgment, and of the offence for which it was obtained.

[682]

License

revoked.

$23. The said court shall cause the person against whom such conviction or judgment was obtained, to be notified to ap- when to bo pear on such day as the court shall appoint, to show cause why any license that may have been granted to him to sell strong or spirituous liquors or wines, should not be revoked. At the day appointed, and at such other days as the court shall appoint, it shall proceed to inquire into the circumstances, and may in its discretion revoke and annul any such license. If such conviction or judgment be for a second or other offence after the first, the court shall revoke and annul such license. $24. Upon any order being entered for the revocation of Conseany such license, the said license shall be annulled and alto- revoking gether void; and the person whose license shall be so revoked, shall be incapable of receiving any license to sell strong or spirituous liquors or wines, for the space of three years from the time of such revocation.

quence of

license.

of this title,

$ 25. All offences against the provisions of this Title shall Violations be deemed misdemeanors, punishable by fine and imprison- misdement.

1 R. L., 176, § 17; 13 How. P. R., 74.

meanors.

of cider,

S26. No person shall be subject to be prosecuted by virtue Exception of the provisions of this Title, for selling metheglin, currant &c. wine, cherry wine, or cider.

1 R. L., 176, § 7.

tion of this

York and

lages, &c.

$27. The preceding provisions of this Title shall not extend Applica to the city of New-York; nor shall they impair the powers title to New of any corporation of any other city, town or village, or of other cities, the trustees of any village, specially authorised by law to and to vilgrant licenses to sell strong or spirituous liquors, but such powers shall be exercised in the manner herein prescribed by such corporation, or the officers authorised by it, instead of the board of commissioners of excise herein created.

10 W., 547; 13 W., 325.

$28. The preceding provisions of this Title shall not extend to any person selling strong or spirituous liquor or any wines, on board any boat or vessel navigating any river, lake, canal, or other stream within this state.

[blocks in formation]

15 W., 217.

$ 29. Whenever any boat or vessel of any description, selling

Penalty for

TITLE 10.

liquor under 5 gallons, on

board ves

sels or boats.

How coilected and

applied.

[683]

nies in certain counties to be

paid to County

navigating any river, lake, canal or other navigable water within this state, shall remain at any city, town, village or other place, for a longer time than one hour, no strong or spirituous liquor or wine shall be sold in any quantity less than five gallons, on board of such boat or vessel while so remaining beyond such hour, to any person or persons whatever, under the penalty of twenty-five dollars for each offence. $30. Every penalty incurred by selling strong or spirituous liquor on board a steam-boat or canal boat, shall be sued for and recovered by and in the name of the overseers of the poor of the town or city in which the offence was committed, and shall be appropriated to the use of the poor.

$31. In those counties in which the distinction between Excise mo- town and 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 into the county treasury for the support of the poor; and the same remedies 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.

treasurer.

Steamboats to

pass on the starboard

side of each other.

16 How. P. R., 260; see Laws of 1845, ch. 300; 1843, ch. 97; 1842, ch. 157; 1835, ch. 272.

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 right of each other.

2. Passengers not to be put in small boats, until they are disengaged.

3. Engine to be stopped at certain times.

4. Passengers may be landed by line hauled by hand.

5. Engine to stop during landing, 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 in the night time.

9. Penalties, how collected and applied.

10. Penalties incurred by masters, may be recovered of owners.

11. Attaching line to machinery of boat, how punished.

12. Vessels in Hudson river, &c., to show lights in night time.

13. The first 14 sections of this Title, to be posted in every steam-boat.
14. Definition of the term "master."

m

15. Nets and other obstructions in channel of Hudson river, forbidden.
16. Obstructions below New-York forbidden.

17. Qualification of last section, as to certain waters.

18. Penalties for obstructions in Hudson river, out of its channel.

S1. Whenever any steam-boats shall meet each other on the waters of the Hudson river, or on any other waters within the jurisdiction of this state, each boat so meeting shall go towards that side of the 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.

Laws of 1826, 252, § 1 & 2.

TITLE 10.

Small boats

gaged be

fore passengers put on

board them.

S2. Whenever any passenger is about to be landed from any steam-boat navigating the waters of this state, and such to be disensteam-boat shall not be so near the shore, that the passenger can be landed immediately 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 steamboat, except by a painter.

gine to be

S3. While any passenger is getting into a small boat, from When ena steam-boat, for the purpose of being landed, the engine of stopped. the steam-boat shall be stopped, and when any passenger is taken on board of any small boat belonging to any steamboat, the engine of such steam-boat 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.

Laws of 1828, 204, § 2, 3, 4 & 5.

may be

land pas

$4. Passengers may be landed in a small boat by means [684] of a line from the steam-boat, and boats from the shore con- When line taining passengers may be drawn to a steam-boat, by means used to of a line hauled in by hand; but in no case shall the line be sengers. attached to, or hauled in, by the machinery of the steam-boat. S 5. During the time of landing and receiving any passen- During ger, the engine of the steam-boat shall not be put in motion, &c., of except,

&c.

landing,

passen-
gers, engine

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

2. To keep the steam-boat in proper direction, and to prevent her from drifting or being driven on shore.

small boats.

S6. In every small boat, while landing or receiving any Oars in 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 Signals. 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.

of steam

the same

$7. Whenever any steam-boat shall be going in the same Navigation direction with another steam-boat ahead of it, it shall not be boats going lawful to navigate the first mentioned boat so as to approach, direction. 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.

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

Laws of 1826, 253, § 3 & 4; 4 S. S. C., 506.

TITLE 10.

Penalty for violating last sections.

How collected.

S9. Every master of any steam-boat, who shall violate either of the preceding eight sections, shall for every such offence, forfeit the sum of 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 recovered, shall be paid into the county treasury of the county for which such district attorney shall have been appointed, Certain de 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 his services and expenses, beyond the taxable costs to be recovered by him.

ductions.

[685]

Owners liable for

penalties

masters.

Laws of 1826, 252, § 1, 2, 3, 4, 8; see Laws of 1848, ch. 321.

S10. The owners of every steam-boat shall be deemed responsible for the good conduct of the masters employed by incurred by them; and if any 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. 1 H., 481; see Laws of 1829, ch. 314.

Punishment

for attach ing line to of boat, &c.

machinery

Vessels to

in night

time.

S 11. In case any line used for the purpose of landing or receiving passengers, shall be attached in any way to the machinery of any steam-boat, or the small boat shall be hauled in by means of such machinery, 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.

Laws of 1828, 205, § 7.

12. Whenever any vessel navigating that part of the show lights Hudson river which is north of the battery, at the southern extremity of New-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, 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 in case such penalty cannot be collected from vessels lia- the master, the owners of such vessel shall be liable therefor, as provided in the preceding tenth section.

Penalty.

When owners of

ble for.

Laws of 1826, 254, § 5; see Laws of 1839, ch. 349.

TITLE 10.

be posted in

steamboat.

ered and

S 13. It shall be the duty of the master of every steam-boat First 14 navigating the waters of this state, to keep a copy of the first sections to fourteen sections of this Title posted in a conspicuous place in every such boat, for the inspection of all persons on board the same; and in case of neglect herein, every such master shall forfeit Penalty for neglect. at the rate of twenty-five dollars per month, for all the time during which he shall be guilty of such neglect, to be sued for How recov and recovered in the name of the people of this state, by the applied. 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. 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.

Laws of 1826, 255, § 8 & 12.

[686]

Term

S 14. The term "master," whenever it occurs in the foregoing sections, shall be construed to apply to every person "master" having, for the time, the charge, control or direction of any defined. steam-boat, or other vessel comprised within the provisions of those sections.

See Laws of 1841, ch. 65; 1837, ch. 153.

against obin channel

S 15. No person shall make use of any set-nets, weirs, hoop- Prohibition nets, or fikes in the channel of Hudson river, at any place structions between the city of New-York and the state dam at Fort- of Hudson Edward; nor shall any person set, drive or place, or cause to river. 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. Laws of 1815, 148, § 1 & 2.

tions at

New York.

$ 16. No person shall set or place, or cause to be set or obstrucplaced, during the months of March, April or May, in any and below year, in any of the waters of this state at or below the city of New-York, any fike-net, 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 prece- Penalty for ding section, shall, for every offence, forfeit the sum of one of this and hundred and fifty dollars, for the use of the poor of the last section. 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.

violations

tion quali

Laws of 1815, 148, § 5 & 6; Laws of 1816, 188, § 1; 1820, 27. S17. The last preceding section shall not be construed to Last sec affect any special regulation heretofore made by law, and now fled. in force, concerning the placing of nets or obstructions in the

« ПредишнаНапред »