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paid, or a suit for the recovery of the property or its proceeds has not been commenced, the officer in whose custody it may be shall sell it at public auction, if not already sold, and when sold shall pay the proceeds, deducting salvage and expenses, into the treasury of this state, for the benefit of the parties interested; but in no case shall any deduction of salvage and expenses be made, unless the amount has been determined by the county court of the county, a copy of whose order, and of the evidence in support thereof, shall be transmitted by the judge to the comptroller. If any money paid to a county treasurer, under section 308, remains in his hands more than a year after the finding, the same shall be also paid into the treasury of the state.

2 R. S., 102, § 18.

sale.

315. Public notice of every sale of wrecked Notice of property, under the provisions of this article, shall be previously published 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 must state the time and place of the sale, and contain a particular description of the property to be sold.

Ib., 103, § 20.

§ 316. Every sheriff, coroner or wreck-master, Notice of into whose possession any wrecked property may

come, must immediately thereafter publish, for at

wrecked property.

Expense of

notice.

Officers to present all offenses.

least four weeks in succession, in one or more of the newspapers printed in the city of New York, a notice directed to all parties interested, giving a minute description of the property, and of every bale, bag, box, cask, piece or parcel thereof, and of all the marks on each, and stating where the same then is, and its actual condition, the name, if known, of the vessel from which it came, her master and supercargo, and the place where such vessel then is, and her actual condition.

2 R. S., 103, §§ 21, 22.

§ 318. The expenses of publishing every notice under the provisions of this article, shall be charged on the property or proceeds to which it relates.

Ib., § 23.

§ 319. It is the duty of all judges, sheriffs, justices of the peace, coroners, constables and wreck-masters, to present to the grand jury, at the next court of sessions therein, all offenses and offenders against the provisions of this article, within their respective counties, that come to their knowledge.

Ib., § 27.

ARTICLE V.

SECTION 320. Pilotage.

SANDY HOOK PILOTS.

321. Mode of appointment of pilot commissioners.

322. Office, meetings, and records.

323. Powers of the board.

324. Examination of candidates.

325. Security.

326. Tariff of pilotage.

327. Masters to state draught of vessel.

328. Fees, by whom payable.

329. Others than pilots not to act as such.

330. Complaints against pilots and others.
331. Witnesses.

332. Power of majority of board.

333. Further duty of secretary and clerks.
334. Penalties, how recovered.

The existing laws provide separate systems for the Sandy Hook and Hellgate pilots. Though the necessity of this is not perceived, the commissioners have not attempted to change them. The legislature may, however, think it advisable to establish the same regulations for both.

The provisions of this article are from the following statutes: Laws of 1853, ch. 467; Laws of 1854, ch. 196; Laws of 1857, ch. 243.

§ 320. The pilotage of vessels to and from the Pilotage. port of New York is regulated by law, as provided in this and the next article.

§ 321. Commissioners of pilots, of whom there are five, are elected within thirty days before the

expiration of the term of office of their respective predecessors, or upon the happening of a vacancy, in the following manner:

Mode of ment of to

appoint

pilot commissioners.

Office, meetings,

and records.

Three of them, and their successors, are elected at a meeting of the chamber of commerce of the city of New York, to be called for the purpose, which is to be specified in the call.

Two of them, and their successors, are elected by the presidents and vice-presidents of the marine insurance companies of the city of New York, represented in the board of underwriters of that city, at a regular meeting of the board, on notice that such election will take place, given in writing by the secretary of the board, or by a member duly authorized, at least one day before the election, and delivered at the office of each company. Each company represented is entitled to one vote.

The certificate of the secretary, or other officer acting as such, of each electing body, is presumptive evidence of the result. Each commissioner holds his office two years; but in case of a vacancy, the remaining commissioners have power to perform all the duties of the commissioners for the time being.

322. The commissioners shall maintain an office, in a convenient place, in the city of New York, where their secretary shall be in attendance at all reasonable hours; and they shall meet on the first Tuesday of every month, and as much oftener by adjournment, or upon notice given by any one of them, or by the secretary, as circumstances require, and where they shall cause to be

kept the following records, which shall be open to the inspection of all persons interested therein:

1. A record of all the regulations made by them, and all their official action, and of such other matters pertaining to their duties or to the pilot service as they deem useful;

2. A register of the names and residences of all pilots licensed by them, with the dates of the licenses.

§ 323. The pilot commissioners have power:

1. To appoint a secretary to hold office during their pleasure, and fix his duties and compensation;

2. To grant licenses for piloting vessels to and from the port of New York, by way of Sandy hook, to such persons as pass a satisfactory examination and give security as hereinafter provided; the number of the pilots and the term of the licenses to be fixed in the discretion of the commissioners; and the licenses to specify all or portions of the different branches of the pilot service, according to the qualifications of applicants; but no license shall be granted to any person holding any license or authority under any other state;

3. To suspend at any time a pilot for any period they may think proper, and also to revoke any license on satisfactory proof of negligence, intoxication or misconduct in duty, on the part of

Powers of board.

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