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also appoint a secretary and fix his compensation, which shall be paid out of the receipts of the office. They shall keep an office in the city of New York, at which office a majority of them and their secretary shall give attendance daily (Sundays and public holidays excepted).

of wardens.

§ 349. Any warden neglecting to perform the Suspension duties of his office, or violating the regulations of the board, after due notice from the board, shall be liable to suspension by a vote of the majority of the whole board, and during such suspension shall not be allowed to participate in the emoluments of the office, unless reinstated by the governor, to whom an appeal may be taken.

secretary.

§ 350. It is the duty of the secretary to keep a Duty of complete record of all their acts, proceedings, surveys and reports, which record shall be kept open to inspection of all persons interested therein.

powers of the board.

§ 351. The port-wardens have a common seal, General and each warden has power to administer oaths, concerning the business of the office; and all willful false swearing, under such oaths, is perjury. The port-wardens also have power to make such reasonable regulations for their own government and the discharge of their duties as they may deem proper, and they have the exclusive right to perform all the duties of port-wardens for the port of New York.

Their powers in respect to pilots are prescribed by article VI of this chapter, entitled "Hellgate

Pilots." Their other powers and duties are as follows:

1. Upon request of any of the parties in interest, one or more of the port-wardens must proceed in person on board of any vessel for the purpose of examining the condition and stowage of the cargo, and if there be any damaged goods, to ascertain if possible the cause of such damage, and if, after the arrival in port of any vessel, the hatches are first opened by any person not a port-warden, and the cargo or any part thereof comes from on shipboard in a damaged condition, these facts shall be presumptive evidence that the cause of such damage was improper stowage or negligence on the part of the persons in charge of the vessel, and the loss shall be chargeable to the owner, consignee, and master, jointly and severally;

2. The board shall be exclusive surveyors of any vessel which may have suffered wreck or damage, or which shall be deemed unfit to proceed to sea, and shall examine the condition of the hull, spars, sails, rigging, and all appurtenances thereof, and decide what repairs are necessary to render the vessel seaworthy, in which examination they may call to their assistance one or more disinterested carpenters, sail-makers, riggers, shipwrights or other such person skilled in his profession, to aid them in their examination and survey, who shall be sworn, and shall each be allowed a fee of two dollars, to be paid by the person requiring the examination;

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.

port. wardens 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

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