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The eduncil of apopent may ap
t's channel of the La river.
XIII. And be it furiher enazed by the authority aforejuid, paint branch pilotskor That it shall and may be lawful for bis excellency the
governor, or person adminiftring the government of this
Itate for the tinie being, by and with the advice and confint of the council of appointment, from time to time during the continuance of this act, to appoint and commiffion so many branch pilots as by them shall be thought necessary for the fafe pilotage of vefsels which may require the fame, to and from the port of New-York, through the channel of the Eastriver or found, commonly called Hell-Gate ; and the said master and war
Mufter aad--ardens dens shall establish the rates of pilotage, and make froin time, Deftabit the rates to time such rules and regulations for the ordering and diof pilota 5,&c.
recting the said pilots, as shall be by them judgeci necessary
and expedient. XIV, And as the faid matter and wardens muft neceffarily give attendance to the duties of their office; Be it further enactedly the authoriy afirefuid, That either of them respectively, shall not be liable to serve as a grand or petit juror, during his continuance in the said office.
XV. And be it further enabled ly the authority aforesaid, A whale-boat to be That the branch pilots and deputy pilots of the port of kept at Sandy Hook.
New-York, shall keep, and they are hereby required to keep, at their joint expence, a good and sufficient whale-boat at Sandy-Hook, furnütred with a fulficient number of oars, and in good repair ; that such whaleboat shall be ready at Sandy-Hook, and furnished as aforesaid, on or before the first day of Oktober next; and that the clerk of the laid master and wardens shall retain in his hands, out of the monies for pilotage that shall become due to the faid pilots and deputy pilots, a sum fufficient to pay for such boat, and shall therewith pay for the fame; and shall from time to time in like manner, retain monies fufficient to keep the faid boat in repair, and furnished as aforesaid,
XVI. And be il further enacicd by the authority afureid, Matersof veffelsre. That if the malier of any ship or vessel coming to the port of sa bard, to pay half New-York, shall refuse to receive on board, and employ a pi
lot, the inafter or owner of such vessel shall pay to such pilot who shall have offered to go on board, and take charge of the pilotage of such rellel, half pilotage from the place at which such pilot Niall have offered himself, to the said port of New-York.
XVII. Ard be ii furiher emeled by the auth Tily of reluid, That ihe mar ter and wardens of the port of New-York, fhall furnin every pilot and deputy pilot with printed bitructions, to be sewn and delivered by such pilo: or deputy pilot to the matter or commander of every veter, as soon as he all go on board to take charge of such veílel to pilot her into the said port, which initructions shall be strictly observed by every branch pilot or deputy pilot, and master of a veffel, at their perils refpectively,
XVII). And whereas it may happen by decease, removal or otherwik, in the recess of the council of appointmint, that the inner of pilots ntceffary for the port of New-York may be fo reduced as to occasion much inconvenience to the trade of the fate; For remed; wereof, Be it ft! thuceruled by the aistbority asoreluid, That the mailer and wardens of the hair fort, or any diree or more of them, are hereby empoweredon Inch recillar occasions as aforesaid, by würani (or warrants under their hands ani kals, to errploy such person or perions, quantic'd as laren Liore directeui, to act as silois for any term not exceeding fix ipontin from the day of the
date of such warrant; and every person so employed as a pilot by such warrant, Niall, during such time of employment, be subje&t to the like rules, orders and regulations, and liable to the like fines, penalties and forfeitures, as other pilots who shall be appointed in virtue of this act.
CH A P. XXXII. An ACT to establijh the Rates of Wharfage and Cranage within the City of
Palled 17th April, 1784. HEREAS it hath been found by experience, that the wharfs front
ing the East and Hudson's rivers in the city of New-York, have conduced to the increase and advantage of trade and navigation to and from the faid city, in the lading and unlading of ships and other vessels: And for as much as the owners and proprietors thereof have been at a very great expence, not only in the making, erecting and building, but also in maintaining and keeping the fame from time to time in good and sufficient repair, to answer the purposes aforesaid; I. Be it therefore enaĉled
by the people of the fate of New-York, represented in fende andajën.bly, and it is hereby enacted by the authority of the juine, That it Rates of wluarfage
Ihall and may be lawful, to and for the present owners and
proprietors of the faid mentioned wharfs, or the owners or proprietors thereof for the time being, to ask, demand, take and receive to and for their several and respective uses, for all ships and vessels using, or that shall use the same, from and after the passing hereof; that is to say, For each ship or other vessel, of the burthen of fixty tons, and under the burthen of one hundred tons, at and after the rate of three (hillings per day; for every ship: or other veslel, of the burthen of one hundred tons, and under the burthen of two hundred tons, at and after the rate of four shillings and fix-pence per day; for every ship or other vessel, of the burthen of two hundred tons, and under the burthen of three hundred tons, at and after the rate of five snillings per day; for every nip or other vessel, of the burthen of three hundred tons, and under the burthen of five hundred tons, at and after the rate of ix shillings per day; and for every ship or other veslel, of the burthen of five hundred tons and upwards, at and after the rate of seven Millings and fixpence per day, lawful money of this state, for every day that such lips or vefsels respectively, shall use and be made fast to any of the wharfs herein before mentioned. Provided always, That nothing in this act contained, shall
be construed, deemed or taken to eltablish a rate of wharfage veffels employed be, for vesels employed between one port and another within another in this state. țhis state; and that the master or owners of such veslels and
owners of wharfs, may adjust the wharfage to be paid for such last mentioned vessels, on such terms as they may from time to tiine mutually agree upon; and in case of a difference between the master of any such vessel last mentioned, and the owner or owners of any wharf, the fame fall be determined by the master and wardens of the port of New York, whose decision shall be final.
II. And be it further enceled by the authorily aforefaid, That in case any difference or dispute thall happen between the proprietor or proprietors,
wharfinger or wharfingers of any of the wharfs aforesaid, what fange, low to be and the inaster, coinmander, owner or agent of any frip
or other vesel, concerning the burthen of luch Nip or Oiher:
Not to extend to
Di fontes abont
velsel, in order to ascertain the rate of wharfage as herein before establillo ed, that in such case, and in all such cases, as often as the same shall so happen, upon the application of either of the parties to the master and wardens of this port, the faid master and wardens, or any one of them, are hereby required and authorised to decide such difference and dispute, by proceeding to measure such ship or vefiel, or in such other manner as in the opinion of the faid matter and wardens, or of any one of them, can be moft conveniently and accurately performed, and fhall, if required by either of the parties, give a certificate in writing by him or them, with his or their names subscribed, expressing the tonnage of such ship or other vefiel according to his or their determination, which shall be final with respect to the rate of wharfage thereof, and in all such cases the expences thereof, which shall not exceed the sum of ten stillings, shall be paid by the party against whom such determination as aforefaid, fall be given.
III. And be it further enafled by the authority aforesaid, Vetele only lying That every ship or other vessel, which at any time after the some to the wload- palling hereof, Thall only lie fast to any or either of the said ing of
wharfs, shall be obliged to remove off from thence in order 14cl [efl. ch. 28. to make room for and fuffer any other ship or vesel to load, unload or careen thereat; and on refusal or failure fo to do, after notice and request thereof, to the master or commander, or to any one of the owners of la penalty of st. such ship or other vessel, he or they fall forfeit and pay to the
owner or owners of the said whars, the sum of five pounds.
IV. And be il further enačied by the authority aforesaid, Werte half wharf. That all and every ship or other veffel that shall make fast to se is to be paid.
any other ship or vessel, that shall or may be fastened to any or either of the said wharfs, and Mall continue so to lie fastened, or shall so load, unload or careen, shall be subject and liable to pay, and shall pay, the one half of the rate that such fhip or other vefiel would have been liable to pay, in case they were faftened to any or either of the said wharfs, and there loaded, unloaded or careened.
V. And be it further enaĉied by the authoriíy aforefaid, That all coafting Feffels lying fast at any or either of the said wharfs, and not being actually loading, unloading or careening, shall, on request, be made loose and moved off to make room for, and fufter any sea vefsel or vessels, paying a higher rate, to be brought in her or their place or places; and that on neglect or refusal fo to do, the mafter, commander or owner of every such coafting vefiel or vessels, shall pay such rate or rates as the sea vessel or vessels would have been liable to pay, which really and bona fide was, or were intended to have been there loaded, unloaded or careened.
VI. And whereas it may be difficult as well as inconvenient for the owners and proprietors of the several wharf aforesaid, personally to attend, collect and receive the rates due, and to become due for wharfage of ships and other Felsels ; Le il therefore enaĉied by the antihority aforefi.id, That it shall and Wharfingers
, how may be lawful for any owner of owners of the said wharfs to be appointed.
for the time being, to appoint a proper and fit person to be the wharfinger or overseer thereof, for and during his or their will and pkafue, and shall and may, at his and their like will and pleasure, displace and renove such person so appointed, and other or others in his and their room and stead, when, and as often as to hiin or them shall seem meet, to appoint;
and such perfun so appointed wharfinger, shall, while he continues in that office, have the power of regulating and
er factor to pay the
ordering of the wharf he shall be fo appointed for as aforesaid, and of the births of all such ships and other vessels, as shall load, unload, careen or fasten to the fame ; and moreover, shall have full power and authority, either in his own name or in the name or names of the owner or owners, or proprietors of such wharf or wharfs, to alk, sue for, demand and receive, the wharfage thereof as it shall become due.
VII. And be it further enacted by the authority aforesaid, Mister, owner agent That the master or commander, owner or owners of any whuar fage, su. vefiel using any of the wharfs mentioned in this act, and in
case of his or their absence out of the state, his or their agent or agents, factor or factors, to whom such vellel jhall be consigned or addreffed, Ihall be liable to pay the sun due for the wharfage of such vessel, afier the rates established in and by this act, either to the owner or owners of fuch wharf, or to the wliar finger in behalf of such owner or owners : Provided, That such factor or factors, agent or agents, shall be liable to pay the same, only where an account shall have been delivered to, or in case of the absence of such factor or factors, agent or agents, left at his or their last usual place of abode, and the money there demanded before the failing or departure of fuch vesel from port; any thing herein to the contrary in any wise note withftanding.
VIII. And whereas the wharfs before mentioned, are often incumbered by lumber, mill-Itones or other merchandize, and by means thereof the loading and unloading of vessels is much incommoded, and the palling and repalling of carts and carriages is very much impeded, retarded and hindered; be it therefore eracled by the authority aforesaid, That if any or either of the Lernher to be re
said wharfs, Mall at any time or times hereafter be fo inmoved fi um wharfs." cumbered, as to subject the same to any or either of those in14th furi, ch. 28. conveniences, the owner or wharfinger of such wharf or
wharfs respectively for the time being, fall either personally notify, or by notice in writing, to be left at the place of residence of the owner or owners of such lumber or other goods, his or their factor or factors, require him or them to remove the same from thence, within a reasonable time; and if the same shall not be removed accordingly, the owner of the said wharf or wharfinger, is hereby empowered to remove the fame, and keep them in his custody until the whole charges attending the removal, and also the forage of such goods be paid by the owner or claimer thereof; and in case the owner of such goods, or his factor, is not to be found in the city of New-York, the owner of the said wharf or wharfinger may at his discre tion reinove the said goods as herein before directed.
IX. Provided alvays, and be it enalled by the authority ajorefaid, That nothing herein contained Mall impair the right which the mayor, aldermen and commonalty of the city of New-York, have to docks and flips herein at fore mentioned; but that the same shall be saved to them and their succesors as fully as if this act had not been made.
X. And be it further eneéied by the war herily ofurefud, That it shall and may be lawful, to and for the owner and owners respectively of every crane, that now is or hereafter shall be made, erected and built, on any or either of the wharfs aforesaid, or any part thereof, to ask, demand, take and receive, for his and their several and respective ule and uses, from the matter, commander or owner of any ship or other vessel that shall employ such crane or cranes
, the rates following ; that is to say, Por taking out and putting in the aft of every floop of the buihun of eighty ions, or upwards, the sum of
forty shillings; and for taking out or putting in the mast of any floop ofeighty tons or upwards, twenty-five shillings ; for taking out and putting in the mait of any square rigged vessel of the buithen of two hundred tons and up wards, the sum of thirty shillings; and for taking out and putting in the matt of any square rigged vefiel or schooner under the burthen of two hundred tons, twenty-five shillings; for taking out or putting in the maft of any square rigged vessel of the burthen of two hundred tons or upwards, the sun of twenty-five snillings; and for taking out or putting in the mait of any huare rigged vessel or schooner under the burthen of two hundred tons, twenty filings, lawful money aforesaid.
CH A P. XXXIII.
Pailed 17th April, 1734.
THEREAS by letters patent under the great leal of Reciting the stile of teis date, dated bearing date the sixth day of May, in the year of our Lord May 6, lớp: one thousand six hundred and ninety-leven, many of the inhabitants of the city of New York, members of the church of l'ngland, were erected into a corporation, by the name and file of, The rector and
inhabitants of the city of New-York, of the proterant Nome altered, rith church of England, as by law established ; And wliereas on
the twenty-seventh day of June, in the year of our Lord
one thouland seven hundred and four, the legislature of the then colony, and now state of aforefaid, did pass a law, entitled, An act icr granting undry privileges and powers to the rector and inhabitants of the cry of New York, in communion of the church of England, as by law ehain
lished: And whereas those parts of the said cliarter which That parts of the carte ate inconfute render necessary the induction of a redior to the faid church en een streitu- by the governor, according to such indructions as he thall,
from time to time, receive from his Britannic majetty, and fuch other parts of the said charter and law as admit and acknowledge that rights exist in the bishop of London, in and over the faid church, are incorfitent with the spirit and letter of the conititution of this state. And whereas certain other parts of the said charter and law, and of a certain other law pasked the twenty-second day of September, in the year of our Lord one thousand fix hundred and ninety-three, by the legislature of the then colony a orejaid, entired, An act for settling a ininiftry, and raising a maintenance for them in the city of New-York, and county of Richmond, Wenchester and Queen's county, are contradictory to that equality of religious rights which is designed to be established by the constitution of this stare;
1. Be it therefore could by the people of the state of Ner-York, rcprcfe tel la file and uljembly, adi is hereby enabled by the arthority of the man
That so much of the charter to tie huid body corporate 9, a dlaw relating above particularly mentioned, and lo inch of insidlaw in church, repeal first above particularly mentioned, as relate to the induction
of the rector by the governor, to the powers or authorivo the bishop of London, in and over the laid corporation, and to the correcting and levying a sum of money upon the city of New-York, for the ule of the Tector or incumbent in the said law mentionet, be, and they are hereby re
Part ofthe chil chr