The man or person having charge of any vessel
which shall come to or lie at or within any of the docks, wharves,
piers, or slips shall, immediately after such vessel shall come to,
or lie at or within any such dock, wharf, pier or slip, make his election
and declare to the owner, agent or superintendent of said dock, wharf,
pier or slip whether he elects to pay for the season or for the number
of days such vessel shall come to or lie within any of said docks,
wharves, slips or piers; if such master or person having charge of
any vessel shall elect to pay for the season, he shall, immediately
after making such election, pay the wharfage for the season to the
owner, agent or superintendent of said dock, wharf, slip or pier,
authorized to receive the same. If such master or person having charge
of any vessel shall elect to pay wharfage by the day, he shall immediately
pay therefor the wharfage at the rates hereinafter mentioned, for
the day on which such vessel shall come to, or lie in or upon any
such dock, wharf, slip or pier, and shall pay the like sum for wharfage
for every day such vessel shall remain lying at or in any such dock,
wharf, slip or pier, at such time in the morning of the day for which
such wharfage accrues, as the person having charge thereof shall,
from time to time, demand the same.
The rates of wharfage by the season shall be
as follows:
A.
For every vessel being of the burden of five (5) tons
and under, one dollar and six cents ($1.06); and for every vessel
above that burden, at and after the rate of twenty-seven cents ($0.27)
for every ton of the burden thereof respectively.
B.
The rates of wharfage for the day shall be as follows,
that is to say:
(1)
For every vessel being of the burden of five (5) tons
or under, at and after the rate of ten cents ($0.10) per day.
(2)
For every vessel of from five (5) to twenty (20) tons'
burden, at and after the rate of two cents ($0.02) per ton for each
day.
(3)
For every vessel of twenty (20) tons or over, and
not exceeding forty (40) tons' burden, at the rate of one and one-half
cents ($0.015) per ton for each day, and one and one-fourth cents
($0.0125) per ton for each day for every vessel above the burden of
forty (40) tons; and if any dispute shall arise concerning the tonnage
or burden of any vessel liable to pay wharfage, the same shall be
determined by the Mayor or one (1) of the Police Justices of the City.
The owner or person having charge of any vessel
lying at anchor in the Hudson River, from or to which vessel any goods
or merchandise shall be landed or embarked, on or from any such dock,
wharf or slip, shall be liable to pay half the rate of wharfage for
every day in which such dock, wharf or slip shall be used for the
purpose aforesaid.
No lumber, wood, stone, ballast, boards, planks,
merchandise, dirt, filth, or other article whatsoever, shall be piled
or deposited on any street or streets along any of the docks, wharves
or slips, within thirty (30) feet of the outer extremity of said dock,
wharves or slips, nor within twenty-five (25) feet of the easterly
side of the pier; nor shall any lumber, stone, ballast, iron or other
like heavy article or merchandise be placed or unloaded upon any of
the platforms or planking along the wharves; nor shall any person
drive any horse or horses or cattle before any cart, wagon or otherwise,
upon said platform or planking, or raised part of said wharves, except
it be for loading or unloading from vessels lying at said docks, under
the penalty of ten dollars ($10.). And in case the owner or person
depositing any lumber, wood, stone, boards, planks or other article
of merchandise, contrary to this article, shall refuse to remove the
same on twenty-four (24) hours' notice, the Commissioner of Public
Works, or either of the Superintendents of Streets, shall have power
to remove the same, and the owner or person or persons so depositing
such articles shall be liable in an action of debt for the expense
of such removal, to be recovered in the name of the City Treasurer
for the use of the City.
No person or persons shall sell or open for
sale on any of the wharves, piers or bridges in this City any oysters
or clams or other merchandise, under the penalty of five dollars ($5.).
If any owner or master, or other person having
the charge, use or control of any vessel lying at or within any dock,
wharf, pier or slip in this City, shall buy and sell any oysters,
clams, shellfish or fruit, of any kind or description whatsoever,
he shall forfeit, for each and every offense, the sum of twenty dollars
($20.); provided, nevertheless, that this section shall not extend
to the case of the owners or masters, or other persons having the
charge, use or control of any vessel coming to said docks, wharves
or slips, to dispose of the lading which they may bring to this City.
No person shall in any manner injure, mutilate
or deface any wharf, pier, dock or bridge in the City of Albany, under
a penalty of five dollars ($5.), with costs of repairing such injury,
and it is hereby made the duty of the Commissioner of Public Works
or either of the Street Superintendents to prosecute all violations
of this section.
No vessel shall lie at or within any such dock,
wharf, pier or slip except such as are actually employed in navigating
the Hudson River or canals, under the penalty of twenty-five dollars
($25.); and in case any vessel not actually employed in navigating
the Hudson River or canals shall lie within any basin, dock, wharf,
pier or slip in said City, and the owner or owners thereof shall be
unknown to the Commissioner of Public Works of said City, or shall
not be resident or residents of such City, it shall be lawful, and
it is hereby declared to be the duty of said Commissioner of Public
Works to cause a notice to be fixed upon some conspicuous part of
said vessel, requiring the owner or owners, or agent or agents of
such owner or owners thereof, to remove the same from the basin and
from the wharves of said City within ten (10) days after the affixing
of such notice; and in case said vessel be not removed as aforesaid,
within the time aforesaid, then and in such case it shall be lawful,
and is made the duty of the Commissioner of Public Works, to take
possession of such vessel and cause the same to be removed as aforesaid;
and at public auction to sell such vessel, or the materials of which
the same shall have been built or constructed to defray the expenses
of such removal; said Commissioner of Public Works to give public
notice for six (6) days in some one (1) of the official newspapers
of said City, of the time and place of such sale; and the overplus
moneys, if there be any on such sale, after defraying the expenses
of such removal and sale, shall be returned by the Commissioner of
Public Works to the City Treasurer of said City, who shall repay the
same to such person or persons as shall produce satisfactory evidence
to the Mayor of the City that such applicant or applicants is or are
the proper owner or owners of such vessel so removed as aforesaid.
Whenever the owner of any of the docks and wharves
in this City, or the person or persons having the care and management
thereof as tenants, guardians of infants, executors or otherwise,
or any person acting under authority of the Canal Commission or Canal
Board, shall be actually engaged in deepening the water in front of
such dock or wharf by removing ground therein deposited, and any vessel
or any remnant or part thereof shall lie or be against or opposite
said dock or wharf, so as to prevent or in any manner obstruct the
operation of removing said ground, and complaint thereof be made to
the Commissioner of Public Works by any person aggrieved thereby,
it shall be the duty of said Commissioner of Public Works to give
notice of such complaint to the owner or owners of such vessel, or
of such remnant or part thereof as aforesaid, or to such person or
persons as shall be using or have the care thereof; and if the same
shall not be removed within such reasonable time after said notice
as said Commissioner of Public Works shall appoint for that purpose,
and signify to the person or persons on whom such notice shall be
served, it shall be the duty of such Commissioner of Public Works
to examine such vessel, or such remnant or part thereof as aforesaid,
and if the same shall appear to him to prevent or in any manner obstruct
said operation, it shall and may be lawful for him to direct and cause
the same to be removed as a public nuisance, at the expense of the
owner or owners thereof, or of the person or persons so using or having
the care thereof as aforesaid, to be recovered, with costs of suit
by action of debt, in the name of the person or persons making the
complaint, who shall in the first place pay said expense.
Whenever any vessel, loaded or empty, shall,
by accident or otherwise, be sunk at any dock, wharf or slip, or anywhere
in the Hudson River opposite to the City of Albany, and within the
jurisdiction thereof, it shall be the duty of the Commissioner of
Public Works, under the direction of the Mayor, to give notice to
the owner, proprietor or any person sailing such vessel, to remove
the same within twenty-four (24) hours; and in case the owner or proprietor
is unknown, and there is no one that sails the same, to give notice
in one (1) of the newspapers printed in the City of Albany for at
least one (1) week, directing the removal of such vessel as aforesaid;
and if said notice is not complied with, then it shall be lawful for
the Commissioner of Public Works to take possession of such vessel,
craft, boat or flat, and to remove the same, and at public auction
to sell such vessel, or so much of the loading thereof as will pay
the expenses of such removal.
No hackman, cartman or any other person shall
occupy or remain on either of said bridges with any hack, cart, wagon,
carriage or any other vehicle for any longer time than shall or may
be necessary to pass or repass the same with ordinary diligence; and
every person offending against these provisions or any of them shall
incur a penalty of the sum of one dollar ($1.); and the superintendent
of the pier and any police officer of the City is hereby authorized
to remove any such hack, cart or carriage offending in the premises.
Whenever any vessel shall be in any part of
the basin, without having any person on board thereof to take charge
of the same, and the same shall not be in the course of loading or
unloading a cargo, it shall and may be lawful for the Commissioner
of Public Works, for the time being (in case he shall consider such
vessel an obstruction to the free and lawful use of said basin), to
remove the same to such place or places where they will cease to be
such obstruction as aforesaid, the expenses of which removal shall
be paid by the owner or owners of such vessel forming such obstruction.
As used in this article, the following terms
shall have the meanings indicated:
Includes a sloop, boat, flat, float, raft or any other watercraft.
