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3. They shall have exclusive cognizance of all matters relating to the surveys of vessels and their cargoes arriving at the port of New York, in distress, or damaged in that port, and shall be the judges of the fitness of any vessel or cargo to proceed to its port of destination, or whether it shall be sold for the benefit of whom it may concern;

4. They shall also, if called upon so to do, estimate the value or measurement of any vessel when the same is in dispute, or libeled, and record the same in the books of the office;

5. Upon the request of any of the parties in interest, one or more of the port-wardens must proceed, in person, to any warehouse, store or dwelling, or any public street, or wharf, and examine any merchandise, vessel's materials or other property alleged to have been damaged on board of any vessel, and ascertain the cause of such damage;

6. One or more of the port-wardens must attend personally all sales of vessels condemned, vessel's materials, and goods in a damaged state, which are sold by public auction in the port of New York, by reason of such damages, for the benefit of the owners or underwriters, or for account of whom it may concern; all which sales shall be made by auctioneers under the direction of the wardens ;

7. To keep in their office a full record of all damage inquired into by them, and the cause thereof, if ascertained, and of all other inquiries, exami

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nations, surveys, determinations and reports, and of all sales made by them or under their direction, and the expenses thereof;

8. To furnish a certificate of any record in the books of the office to any party interested, upon request and payment of the fee for the certificate. All the certificates issued shall be under the seal of the office, and signed by the president or vice-president and secretary, and shall be evidence of the existence and contents of the record, in all cases of inquiries, examinations and surveys relating to vessels and cargoes thereof, as specified in this article.

§ 352. The board must give notice to all persons interested in or having charge of the subject, of any inquiry, examination or survey, by personal notice, or by advertisement in at least two daily newspapers printed and published in the city of New York, of the pendency of such inquiry, examination or survey, and of the time and place of completing the same, and the expense of such notice shall be added to and paid with the fee for the inquiry, examination or survey.

§ 353. It is the duty of auctioneers making sale of vessels condemned, vessel's materials and goods in a damaged state, immediately to give notice thereof to the port-wardens; and also to make monthly statements to the board, to be filed in their office, specifying the total amount of each day's sale made by them under this article.

§ 354. The board of wardens shall be allowed Fees. the following fees:

For each survey held on board of any vessel, on hatches, stowage of cargo or damaged goods, or at any warehouse, store or dwelling, or in the public street or on the wharf, within the limits of the port of New York, on goods said to be damaged, the sum of two dollars, and for each certificate given in consequence thereof the sum of one dollar;

For each survey on the hull, sails, spars or rigging of any vessel damaged, or arriving at that port in distress, the sum of five dollars, and for each certificate given in consequence thereof the sum of two dollars and fifty cents. For each valuation or measurement of any vessel the sum of ten dollars. For each sale made under their direction, one-half of one per cent on the gross amount of sales, to be paid by the auctioneer making the sale. The emoluments of the office shall be divided equally between the nine wardens composing the board.

portwardens to act.

§ 355. No person, except the port-wardens, shall None but assume to act as such, or undertake to act as such, or undertake the performance of any of the duties prescribed in this article as pertaining to the office of port-warden, or employ any other than the wardens for the performance of such duties, or issue certificates of surveys on vessels, materials or goods damaged, with the intent to avoid the provisions of this article. A violation of any provision of this

Special wardens at quarantine.

Receipts and expenses.

section is a misdemeanor, and the person violating it is also liable to a penalty of one hundred dollars for each offense, to be recovered by the port-wardens.

§ 356. The two special wardens for the port of New York shall reside at quarantine. It is their duty to act as wardens only in regard to vessels and goods that are actually under and subject to quarantine detention, and their duties do not apply to vessels stopping at quarantine for the purpose only of visitation by a health officer and not detained. They shall make returns in detail of all surveys made by them, and of all other duties by them performed, to the wardens' office in the city of New York, within forty-eight hours after such survey or service performed; and all regulations adopted by the board of wardens shall apply to the special wardens. The special wardens are entitled to receive for each examination or survey made by them the sum of five dollars; and the emoluments of their office shall be divided equally between them.

§ 357. The port-wardens shall keep a full and accurate account of all their receipts and expenditures, and transmit to the comptroller annually, on the first Monday of January in each year, a true copy thereof, verified by the oaths of the president and secretary; and each warden shall append to such account an affidavit that he has not taken or

received directly or indirectly any money or other property for or in relation to any act or omission to act as warden, except the legal fees.



SECTION 358. Qualifications of harbor-masters.

359. Official bond.

360. Harbor-masters to share duties and compensation.

361. General powers.

362. Penalties.

363. Fees.

364. Payment, and penalty for default.

365. Fee for adjusting controversy.

366. Duty of harbor-master respecting piers.

367. Piers for canal boats and barges, railway barges and


368. Piers for packets.

369. Duty of harbor-masters to enforce this regulation.

370. Saving clause.

371. Fees and penalties, annual report.

The provisions of this article are taken from 1 R. S., 1060, 1062; Laws of 1857, ch. 367.

tions of


358. At least five of the eleven harbor-masters Qualifica for the port of New York must have been either harbor masters of vessels sailing from, or pilots or seamen engaged in navigating, the port of New York. Nine of them must reside in the city of New York and two in Brooklyn.


§ 359. Each harbor-master, before entering on Official the duties of his office, must execute a bond to the people in the penalty of two thousand five hundred dollars, with two sufficient sureties, to be approved

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