Section 97. Miscellaneous provisions  


Latest version.
  • 1. All actions and proceedings by the
      board of commissioners to enforce any liability or to recover any fines,
      penalties or forfeitures given by law to such officers, or to the  board
      of  commissioners, may be brought and prosecuted by such officers in the
      name of the board. Whenever, by law, any notice is required to be  given
      by  such  officers,  or  board,  a notice signed by the president of the
      board for the time being, and containing a copy of the provisions  under
      or  pursuant  to  which  such  notice  is  given,  shall be a sufficient
      compliance with the requirements of the law in respect to the giving  of
      such  notice,  provided the commissioners ratify and adopt the same by a
      majority vote, within twenty days after the giving of such notice.  This
      subdivision  shall  not  apply to any notice required to be given in the
      progress of any action or special legal proceedings.
        2. It shall be the duty of the commissioners, out of any  funds  which
      they  may  obtain  to  provide rewards to encourage the prompt relief of
      disabled vessels and the speedy report of the  same,  and  generally  to
      encourage  not  only  the  performance  of  duty, but efforts to relieve
      vessels and passengers from distress or suffering.
        3. The master of every vessel boarded by a pilot shall give such pilot
      on boarding, an account of the draught of such vessel.  If  the  draught
      given  is less than the actual draught, the master shall forfeit the sum
      of twenty-five dollars, which may be sued for and recovered in an action
      commenced in the name of the board of commissioners.
        4. It shall be the duty of every branch and deputy pilot belonging  to
      the  port  to  use  his  utmost endeavors to hail and to interrogate the
      master of every vessel he shall discover entering the port in  reference
      to  all matters necessary to enable such pilot to determine whether such
      vessel is subject to quarantine.
        5. If from the answers obtained from such inquiries  it  shall  appear
      that  such  vessel  came  from  a  port  where any quarantinable disease
      existed at the time of her departure, or that any case of  such  disease
      shall  have  occurred  on  board  during  the  passage,  the pilot shall
      immediately direct the master of the vessel to proceed to and anchor  at
      the   quarantine   anchorage.  In  other  cases  of  vessels  liable  to
      quarantine, he shall direct the masters thereof to proceed and anchor at
      such point as shall be assigned by the  federal  health  officer  as  an
      anchorage for such vessels.
        6.  The  fees  for the piloting of vessels over intermediate distances
      within the waters subject to pilotage regulations under this article and
      the amounts to be paid for detention of said pilots shall be established
      by the board of commissioners.
        7. A pilot who is carried to sea  on  a  vessel  by  reason  of  heavy
      weather  or  any  other  cause shall receive compensation of two hundred
      dollars a day, his expenses shall be paid, and he shall be provided with
      first class return transportation at the  earliest  possible  time.  The
      compensation  and  costs shall be paid by the vessel, its owner, master,
      charterer or agent.
        8. The master, owner, or consignee of any ship, or vessel, to whom any
      pilot shall have rendered, upon the master's request any  extra  service
      for  the preservation of such ship or vessel while in distress shall pay
      such pilot, in addition to the pilotage fees provided by  this  article,
      such  amount  for  extra  services  as  the board of commissioners shall
      determine to be a reasonable reward.
        9. Pilotage fees as provided in this article shall be payable  by  the
      master,  owner,  consignee,  or agent entering or clearing the vessel at
      the port of  New  York,  who  shall  be  jointly  and  severally  liable
      therefor.