TITLE 12. 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 Its penalty. proceeds before mentioned. when prose $ 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. sne, al claim S8. 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 rejecte 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. salvage to ting. [692] on being paid, property, &c., 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 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 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 him. to be delivered. wreck $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. citizens to 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. &c., enti vage, &c., $ 12. All sheriffs, coroners and wreck-masters, and all omcers, persons employed by them, and all other persons aiding and tied to salassisting in the recovery and preservation of wrecked property, vai paid. shall be entitled to a reasonable allowance as salvage, for wreek may their services, and to all expenses incurred by them, in the tained. performance of such services, out of the property saved, and be de TITLE 12 Extent of the officer having the custody of such property shall detain the same, until such salvage and expenses shall be paid. 3 B., 208. S 13. The whole salvage that shall be claimed in any case salvage, &c. 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. Proceedings to as certain sal disputed. S 14. If in any case, the amount of salvage and expenses on property saved, shall not be settled by the agreement of vage, &c., if 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. Ib. [693] to be sworn. ers. 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. $ 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 witnesses, 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. Effect of their decision. Fees and expenses, be paid. $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. When wrecked be sold; S 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 be paid into for salvage &c. 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. TITLE 12 to apply to property $ 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 old. 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. sales, when lished $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 pub 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. wrecked S21. 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, lished. for at least four weeks in succession, in one or more of the newspapers printed in the city of New-York. [694] notice. S22. 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. how paid.. $ 23. The expenses of publishing every notice directed to Expense, be published in this Title, shall be charged on the property or proceeds to which such notice shall relate. on officers of $ 24. Every sheriff, coroner, wreck-master, or other officer, Penalties who shall detain in his hands any wrecked property or the for viola proceeds thereof, after the salvage and expenses chargeable this Title. 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 meanor. having deliver $ 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 property, to 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 TITLE 13. Penalty for neglect. Defacing marks, &c. invoices, &c. been taken by him, or have come into his possession, 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. 3 B., 207. S26. 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 be present jury. S 27. It shall be the duty of all judges, sheriffs, justices of ed 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. Carriages roads to turn to the right. OF THE LAW OF THE ROAD, AND THE REGULATION OF PUB- 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. 5. 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. 1. Whenever any persons travelling with any carriages, meeting on shall meet on any turnpike road or public highway in this state, the persons 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. 2 R. L., 283, § 41; 227, § 6; 16 N. Y., 382; 12 B., 615; 7 W., 185. S2. No person owning any carriage running or travelling upon any road in this state, for the conveyance of passengers, ness, not to shall employ, or continue in employment, any person to drive Drivers addicted to drunken be em 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 TITLE 13. Penalty, lected. sued for by the district attorney of the county in which such owner shall reside. The penalty, when recovered, shall be how col for the use of the poor of such county, except that the court How ap in which the recovery shall be had, 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. when to be S3. 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 his employment; and every such owner who Penalty for shall retain or have in his service, within six months after the neglect. 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. horses in hibited. [696] $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 ringe, prorun, upon any occasion 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. Laws of 1824, 347, § 2; of 1826, 254, § 6, 7 & 9. horses &c. $5. It shall not be lawful for the driver of any carriage Leaving used for the purpose of conveying passengers for hire, to leave without bethe 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. certain car for acts of $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 |