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bond shall be taken in the name of the people of this state, TITLE 12. and the penalty shall be double the value of the property or Its penalty. proceeds before mentioned.

$ 7. The bond shall be filed in the clerk's office of the To be filed ; county in which it shall be taken. If it shall become forfeited, cuted. 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 condition of the bond, to make an order for the prosecution thereof, for the benefit of such person and at his risk and expense.

S 8. The rejection by the judge, to whom it may be exhibi- Owner may ted, of any claim for wrecked property, shall not preclude though the claimant from maintaining a suit for the recovery of such rejected. 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 Claim for duly made, for the delivery of wrecked property, or the pay- be in wriment of its proceeds, shall be directed, to present to the

(692] 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 On being amount of such salvage and expenses shall be adjusted in perty, plc., the manner hereinafter provided, and in all cases, after the ter payment 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 bim.

S 10. It shall be the duty of the wreck-masters, in the Duties of several counties, in which they shall be appointed, to give all masters. 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.

3 B., 205. S 11. It shall be the duty of all magistrates, constables and officers and citizens to aid and assist the wreck-masters, when required in aid them. the discharge of their duties.

S 12. All sheriffs, coroners and wreck-masters, and all officers, persons employed by them, and all other persons aiding and tied to fa7assisting in the recovery and preservation of wrecked property, with period shall be entitled to a reasonable allowance as salvage, for wreck may their services, and to all expenses incurred by them, in the tained. performance of such services, out of the property saved, and

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TITLE 12.

salvage, &

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the officer having the custody of such property shall detain the same, until such salvage and expenses shall be paid.

3 B., 208. Extent of S 13. The whole salvage that shall be claimed in any case

· shall not exceed one half of the value of the property or pro

ceeds on which such salvage shall be charged, and every agreement, order or adjustment allowing a greater salvage shall be void.

S 14. If in any case, the amount of salvage and expenses certain sal- on property saved, shall not be settled by the agreement of Suted: 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.

S 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. (093) S 16. The persons so appointed, before they shall enter on Appraisers the performance of their duties, shall be sworn to perform

faithfully and impartially the duties of their trust, before

any officer authorised to administer oaths. They shall have Their pow. power to issue compulsory process for the attendance of wit

nesses, and to administer oaths to all witnesses who shall attend or be produced; and their decision, or that of 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.

S 17. The fees and expenses of the appraisers shall be paid by whom to by the person upon whose application they shall have been

appointed, and 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.

$ 18. If within a year after wrecked property shall have property to been saved, no person shall have appeared to claim the same,

or if within 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 Proceeds to public auction, and to pay the proceeds of such sale, deduct treasury; ing salvage and expenses, into the treasury of this state, for deductions the benefit of the parties interested; but in no case shall any

deduction of salvage and expenses be made, unless the amount thereof shall have been settled upon due proof, by an order

to be sworn.

ers.

Effect of their decision,

Fees and expenses,

be paid.

When

be sold;

be paid into

deductions for salvage &c.

TITLE 12

lished

wrecked

notice.

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.

S 19. The provisions of the preceding section shall be con- Last section strued to apply to the proceeds of wrecked property, so far as proceeds of relates to the time and manner of settling the salvage and bolde expenses chargeable thereon. 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.

$ 20. Public notice of every sale to be made of wrecked Notices of property, under the provisions of this Title, shall be published to be pube by the officer making 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 Notice of possession any wrecked property shall come, shall immediately property to thereafter publish a notice directed to all parties interested, lishe for at least four weeks in succession, in one or more of the (694) newspapers printed in the city of New York.

$ 22. Every such notice shall contain a minute description Contents of: 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 potice directed to Expense,

how paid. be published in this Title, shall be charged on the property or " proceeds to which such notice shall relate.

$ 24. Every sheriff, coroner, wreck-master, or other officer, Penalties who shall detain in his hands any wrecked property or the for violaproceeds thereof, after the salvage and expenses chargeable things rifle.. 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 misdemeanor.

$ 25. Every person who shall take away any goods from Persons any stranded vessel, or any goods cast by the sea upon the wrecked land, or found in any bay or creek, or who shall knowingly head have in his possession any goods so taken or found, and shall same, &c. 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

tions of this Title

property, to deliver

TITLE 13.

neglect.

; been taken by him, or have come into his possession, shall Penalty for

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.

3 B., 207. mefacinac. S 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 Destroying identity, and 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. offenders to $ 27. It shall be the duty of all judges, sheriffs, justices of od to grand the 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.
See Laws of 1848, ch. 343.

invoices, &c.

be present

jury.

meeting or roads to

(695)

TITLE XIII.
OF THE LAW OF THE ROAD, AND THE REGULATION OF PUB-

LIC STAGES.
Sec. 1. Persons in carriages meeting on any road, to turn to the right.

2. Penalty on owners of stages, &c. employing drivers addicted to drunkenness.
3. Owner when to discharge driver.
4. Punishment for running horses drawing any carriage.
6. Penalty on drivers for leaving horses without being tied.
6. Owners liable for acts of drivers, negligent or otherwise.
7. Meaning of term “carriage," as used in this Title.

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

S 1. Whenever any persons travelling with any carriages, on shall meet on any turnpike road or public highway in this turn to the

state, the persons so meeting shall seasonably turn their carright.

riages 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.

2 R. L., 283, § 41; 227, $ 6; 16 N. Y., 382; 12 B., 615; 7 W., 185. Drivers ad

d. S 2. No person owning any carriage running or travelling dicted to upon any road in this state, for the conveyance of passengers, ness, not to shall employ, or continue in employment, any person to drive ployed.

such carriage, who 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

drunken

TITLE 13. Penalty,

said"pech the recov poor of sucht, when reccy in which on

neglect.

or publicshall run his 50 or for anyn at the provi

sued for by the district attorney of the county in which such, owner shall reside. The penalty, when recovered, shall be how col

lected. for the use of the poor of such county, except that the court How apin which the recovery shall be bad, may allow a portion of plied. 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.

Laws of 1827, 229, $ 1. $ 3. If any driver, whilst actually employed in driving any Drivers, such carriage, shall be guilty of intoxication, to such a degree discharged. as to endanger 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 bis employment; and every such owner who Penalty for shall retain or have in his service, within six months after the ne 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.

S 4. No person driving any carriage upon any turnpike road Running or public highway within this state, with or without passengers any cartherein, shall run his horses, or cause or permit the same to hire run, upon any occasion or for any purpose whatever; and (696) 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.

Laws of 1824, 347, § 2; of 1826, 254, $ 6, 7 & 9. S 5. It shall not be lawful for the driver of any carriage Leaving used for the purpose of conveying passengers for hire, to leave w the horses attached thereto, while passengers remain in the ing tied, 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.

S 6. The owners of every carriage running or travelling Owners of upon any turnpike road or public highway, for the convey- riages liable ance of passengers, shall be liable, jointly and severally, to drivers. 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

horses without be

certain car

for acts of

I. — 82

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