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Regulation of speed on the Hudson river.


Manhattan island and Blackwell's island, steamers shall be navigated as nearly as possible along the middle of the river, and their speed shall not exceed at any time ten miles an hour,' and between the battery and Corlear's hook it shall not exceed eight miles an hour. The master, pilot or engineer of any steamer violating this section is guilty of a misdemeanor, and they are also respectively liable to a penalty of two hundred and fifty dollars.'

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§ 284. No steamer passing any public works of

the United States or of this state, while in course

of construction in the River Hudson or upon its banks, or while passing that part of the river opposite the docks, piers or wharves in the city of Albany, shall exceed a speed at the rate of six miles an hour, under penalty of one hundred dollars.

Ib., 96, § 35, and first clause of § 36.

§ 285. If the master or other person in charge of a steamer navigating any of the waters of this state, and used for the conveyance of passengers, or if the engineer or other person in charge of the boiler or other apparatus for the generation of steam, does, for the purpose of increasing speed or excelling any other vessel in speed, suffer to be created an undue or an unsafe quantity of steam, he is guilty of a misdemeanor, and is liable to a

penalty of five hundred dollars; fifty dollars of which shall go to the informer.

2 R. S., 94, § 32.

liable for master's

§ 286. The owners of every steamboat are Owners responsible for the good conduct of the master


other person in charge employed by them, and they are jointly and severally liable for any penalty incurred by the master, engineer or other person in charge which cannot be collected from him by due course of law, as if they were his sureties.

Ib., 93, § 12; 96, § 33.

and engin

eer's penalties.

to Criminal Code.

§ 287. The punishment for willfully or negli- Reference gently endangering life, is prescribed by the


2 Ib.,


§ 288. The penalties given by this and the ceding article may be recovered by the district attorney of any county bordering on the waters where the offense was committed, to whom notice of it is first given, and when recovered are to be for the use of the poor of such county, except when otherwise provided. The court may allow to the district attorney, out of the recovery, a sum not exceeding ten per cent of its amount, as an allowance in addition to his costs.

Ib., 93, §§ 9, 14, 17, 32, 36.




Owner may

reclaim lumber.


SECTION 289. Definition.

290. Owner may reclaim lumber.
291. Notice to the town clerk.
292. Sale of unclaimed lumber.

293. Application of proceeds.
294. Lumber mark.

295. Defacing marks; converting lumber.
296. Stopping lumber forbidden.

297. Power of common council of Albany.
298. Sale of lumber found at Albany.

299. Application of proceeds.

300. Subsequent claim by the owner.

289. Lumber is used in this article to designate all timber, whether in logs, boards, planks or beams, and whether in rafts or otherwise, but does not include the sort of wood commonly called drift-wood.

2 R. S., 108, § 1; 110, § 21.

§ 290. Whenever any lumber drifts upon any island in any of the waters of this state, or upon the bank of any such waters, the owner of the lumber may remove it, on paying, or tendering to the owner or occupant of the land, the amount of the damages which he has sustained by reason thereof, and which may accrue in its removal; and if the parties cannot agree as to the amount of such damages, either party may apply to any two of the fence viewers of the town or city, who, after hearing their proofs and allegations, shall determine the

the same at the expense of the owner of the lumber, and their decision shall be conclusive.

2 R. S., 108, §§ 1, 2.

town clerk.

§ 291. If the owner of such lumber does not, Notice to within three months from the time when it was so drifted, take the same away, it is the duty of the owner or occupant of the land to deliver to the clerk of the city or town a notice, in writing, signed by him, describing the lumber, as near as may be, together with the quantity and mark or marks thereof, and the place where it is lodged, which notice the clerk shall file for the inspection of any person who requests it.

2 R. S., 108, §§ 4, 5.

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unclaimed lumber.

§ 292. If no person within six months after the Sale of filing of such notice claims the lumber, the owner or occupant of the land shall give notice thereof in writing to the clerk, who shall cause the same to be sold by public auction, after giving at least twenty days' previous notice of such sale, by advertisement, posted in at least three of the public places of the city or town.

2 R. S., 108, § 7.

of proceeds.

§ 293. The clerk is entitled to the same fees Application therefor as are allowed to officers making sales on executions out of justices' courts. The moneys arising from the sale shall be applied by the clerk:

1. To the payment of his fees;

Lumber mark.

2. To the payment of the damages sustained by the owner or occupant of the land by the drifting and in the removal of the lumber, if such damages are assessed by two of the fence viewers of the city or town, and a specification thereof, signed by them, is filed with such clerk, before the sale;

3. Any surplus to the treasurer of the county for the use of the poor.

1 R. S., 108, §§ 8, 9.

§ 294. Every person who puts any lumber into the waters of the River Hudson, or of its branches, to the northwest of Baker's falls, for rafting or floating down the river, or its branches, may select some mark, different from any previously recorded, and put the same in a conspicuous place upon each piece thereof, and enter the mark for record in the office of the clerk of the town of Queensberry. The clerk must record the same in a book kept for that purpose, and subject to the inspection of any person requiring it, and is entitled to a compensation of twenty-five cents for every such mark, to be paid by the person entering the same for record. A certified copy of such entry is presumptive evidence that the lumber having such mark is the property of the person by whom the mark was entered for record.

2 R. S., 109, §§ 12 to 14.

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