9. And be it enacted, That this act shall take effect imme

May extend canal.

or privileges

CHAPTER CCCCLXXXVII.

A Supplement to the act entitled "An Act to incorporate a company to form an artificial navigation between the waters of Newark Bay and New York Bay."

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it may be lawful for the New York and Newark Bay Ship Canal Company to extend their canal from the Newark bay across the marshes to a suitable point in the city of Newark, to construct one or more branches therefrom and thereover, and to increase their capital stock to such amount as shall be necessary to carry out the meaning of the original act and supplements thereto incorporating said

company.

Rights, grants 2. And be it enacted, That nothing contained in the act not to be af entitled "An Act to ascertain the rights of the state and of terfered with. riparian owners in the lands lying under the waters of the bay

fected nor in.

of New York and elsewhere in the state," approved April eleventh, eighteen hundred and sixty-four, or in any supplement or supplements thereto shall be so construed as to prevent, hinder or interfere with or in any way affect any of the franchises, powers, rights, grants or privileges given, granted or conferred by this act or the act to which this is a supple

ment.

3. And be it enacted, That this act shall take effect immediately.

Approved April 16, 1868.

CHAPTER CCCCLXXXVIII.

An Act in relation to the inspection of steam boilers, and for the better protection of life and property against accidents by steam boiler explosions.

appoint in

chief and dep

1. BE IT ENACTED by the Senate and General Assembly of Governor to the State of New Jersey, That the governor of the state of New spector-inJersey, shall within thirty days after the passage of this act, uty inspectors and hereafter as necessity may require, to fill vacancies, appoint an inspector-in-chief, and one suitable person in each congressional district, as deputy inspector; said deputy shall be a practical engi eer, and whose duty it shall be to inspect steam boilers in such congressional district, as hereinafter specified and directed; such inspector-in-chief and deputy inspectors shall hold their office for two years unless sooner removed by the governor for cause.

steam boilers

port of loca

2. And be it enacted, That every owner or owners of any owners of steam boiler in use situated within this state, shall on or be- to make refore the first day of July next, and annually thereafter as tion of boiler. the inspector-in-chief may prescribe, report to the deputy inspector of the district in which the same may be, the location of such steam boiler; and thereupon and within sixty days at farthest, the said deputy inspector shall proceed to inspect such steam boiler in such manner as shall be designated by the rules and regulations of the inspector-in-chief, and all apparatus and appliances connected therewith; and that such boiler shall have attached to it a lock-up safety valve; such valve to be taken wholly from the control of the person or persons engaged in using or working the boiler, and to be set by the inspector to blow off steam at a point of safety to be determined by him; the said lock-up safety valve shall fulfill all the conditions now adopted by the board of supervising inspectors of the United States in reference to said safety valves.

uty inspector.

3. And be it enacted, That said deputy inspector shall limit Duty of depthe pressure of steam upon every such boiler, and shall certify such inspection and such limit of pressure to the owner, or one of the owners of such boiler, and also to the engineer in charge of the same; in limiting the amount of pressure whenever the boiler under test will with safety bear the same,

Continued.

Continued.

the limit desired by the owner of the boiler shall be the one certified.

4. And be it enacted, That it shall be the duty of the said deputy inspector on receiving such report as aforesaid from the owner or owners of any steam boiler to notify such owner or owners of the time when he will inspect the same, and it shall be the duty of such owner or owners to have such boiler ready for inspection at the time specified in such notice; in case the owner or owners of any such boiler shall fail to report the location of the same as aforesaid, he shall be liable to a penalty of twenty-five dollars; and in case the owner or owners of any such boiler shall fail to have the same ready for inspection as aforesaid, he or they shall be liable to pay the fees and expenses of the said inspection incurred in the inspection of any such boiler, and five dollars in addition thereto; such fees, expenses and penalty in such case may be sued for and recovered by and in the name of the said inspector-in-chief, for the benefit of the county in which such boiler may be situated; and in case said deputy inspector shall fail to make the inspection at the time specified, he shall pay to the owner of such boiler all damages sustained by said failure.

5. And be it enacted, That each deputy inspector shall make in proper form, a statement of every inspection of steam boilers made by him, and by any board of examiners as hereinafter provided, and the amount of steam or pressure allowed in each case, and report the same within thirty days after any such inspection to the inspector-in-chief; in cases where any steam boiler or the apparatus or appliances connected therewith shall be deemed by such deputy inspector, upon inspection as aforesaid, to be insecure or dangerous, the said deputy inspector shall, as soon as convenient, confer with two practical engineers, one of whom may be chosen by the owner of such boiler, who with such deputy inspector shall constitute a board of examiners, whose duty it shall be forthwith to further examine such boiler or boilers, and any two of such board shall prescribe and certify to the owner thereof such changes and alterations as will in their judgment render such boiler, apparatus and appliances secure, and until such changes and alterations are made and such appliances attached, it shall not be lawful for the owner of such boiler to use or permit the same to be used under a penalty of fifty dollars for each day's use, said penalty to be sued for, recovered and

applied in the manner prescribed by the fourth section of this act, the members of said board of examiners shall each be entitled to receive three dollars for each day or part of a day, during which they are actually engaged in making any examination aforesaid.

to deputy in

6. And be it enacted, That each deputy inspector shall re- Compensation ceive for the inspection of a boiler, according to the provisions spectors. of this act, the sum of three dollars, and such sum, and the compensation of said board of examiners convened as hereinbefore provided, shall be a charge upon the county in which the boiler inspected or examined shall be situated, and shall be audited and paid by the county in the same manner that other county salaries and expenses are paid.

in case of ap

cision of dep

7. And be it enacted, That any owner or part owner of any Proceedings boiler who shall consider himself aggrieved by the decision of peal from de said inspector or board of examiners under the provisions of uty inspector. this act, may, within thirty days after the result of such inspection or examination has been certified to him as aforesaid, appeal from said decision to the inspector-in-chief, who may in his discretion order a further examination and inspection, the expense thereof to be borne by the owner or owners of such boiler, and the decision of said inspector-in-chief, or of said board upon a reëxamination, shall be final.

Spector-in

compensation

8. And be it enacted, That it shall be the duty of the in-Duty of inspector-in-chief to prescribe rules and regulations to govern chief, and his said deputy inspectors in the performance of their duties; to furnish each deputy inspector with the forms or blank certificates of inspection, together with the necessary apparatus and appliances for testing and examining steam boilers; to keep a correct record of all inspections of steam boilers, and of the amount of steam or pressure allowed in each case reported to him by any deputy inspector, which record shall be the property of the state, and shall annually be filed in the office of the secretary of the state; the said inspector-in-chief shall receive annually from the state a salary of five hundred dollars, which shall be paid by the treasurer of the state in the same manner as other salaries are paid; the expense of furnishing apparatus and appliances for the purpose of inspecting steam boilers as herein before prescribed shall be borne by the state, and paid in the same manner that other state charges and expenses are paid; no bill for any expense or charges shall be paid, however, unless the same be certified by the inspector-in-chief to be correct.

Penalty if indicator shall not be at

tached.

Deputy inspectors to

cate.

9. And be it enacted, That the owner or owners of every such steam boiler shall, under a penalty of two hundred dollars, to be sued for, recovered and applied in the manner prescribed in the fourth section of this act, cause to be attached thereto a high and low water indicator, with an alarm whistle so constructed and forming part of said indicator that the whistle will give an alarm at low water and at high pressure

of steam.

10. And be it enacted, That it shall be the duty of said make certia deputy inspectors, on the inspection of any boiler, to deliver to the owner or one of the owners thereof a certificate (a duplicate of which shall be retained on file) of inspection, stating the condition of said boiler; and if he shall deliver or cause to be delivered to the owner or owners of any boiler so inspected a certificate of inspection, without having first subjected the same to all the mechanical tests herein before provided, he shall be liable to a penalty of five hundred dollars for each such act, or, if after such inspection he shall render a false report, either to the owner or the inspector-in-chief, he shall be liable to a penalty of five hundred dollars for each offence, to be sued for, recovered and applied in the manner prescribed in the fourth section of this act; provided, that the said certificate of inspection shall be placed and kept in some conspicuous place on the premises where the boiler therein

Proviso.

Not to apply to locomotives, &c.

referred to is used.

11. And be it enacted, That this act shall not apply to boilers upon railroad locomotives, nor to boilers used for heating private dwellings.

12. And be it enacted, That this act shall take effect immediately.

Approved April 16, 1868.