New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-06-10

be property Of bis employer M Wm Porter The
case was not concluded when the Court adjourned for
the day
MARINE CoURT-Before Judge Lynch
June 4, lS52-Joha Aasms, Treasurer Eea, York Hos
pfdi agt Martin X. WilsOn This Is a demurrer to
the complaint Of the paintf which claims penalty of
GO and costs for violation of the Sd section of the
statute entitled An Act relsr~ the Harbor Masters
OF the Port OF Newiork, passed Iarch 6 1850 which
violation Is charged to have been committed by the de-
ienoant as follows That he had charge Of unloading
vessel called the Druid, at of the piers on the
East River in the District Of Henry Kipp Harbor Mas
ter that he refused TO obey said Harbor Master In re-
gard to the discharging the cargo and placed on the
pier adjacent to said vessel l3 hhds Of sugar and 60
hide of molssses, contrary to such order and rolled
and placed ssd hogsheads and upon said pier so
as obstruet the passageway said pier to and from
other vessels so that the same became blocked up
To this complaint the defendant has demurred on
the ground lst That the plaintiff has not shown that
the ofense was committed pier which was private
property. The statute upon which the complaint ia
founded embraces oil the piers and the subsequent act
which limits the operation Of the statute to private prop
erty should be set up by way Of answer, or may be
taken advantage Of on the trial Therefore, the demur
rer is not well taken on the first ground.
3D. That the Offense 10 not within the statute. By the
Sd section Of the act of 1850 authority Is given 10 the
Master 10 regulate and station ships and vessels
within limits of the City and the wharves thereof
and 70 sUch vessels and determine and give drec-
onsto persons having charge OF ships and vessels as 10
what they shall do to accommodate ca oh Other and In
case Of neglect or refusal obey the directions Of such
HaTbor Masters in matters within their authority TO
direct penalty Of $50 Is incurred and given 10 the
Treasurer Of the New-York Hospital with costs OF suit
think the true construction of this section is that
the authority conferred the ,boT asters IL that
their directions should be obeyed IN relation u placing
the vessel and directing the persons having charge OF
vessels what they 10 do 70 accommodate each other
in making way, giving place to one another and that
il does embrace the under the sixth ION OF
the in which the harbormaser has authority 10 su
peTnteud and enforce the execution OF the laws OF the
STATE. ard by laws Of the Corporation Of the City OF
NeW-IOIk. and does not embrace tine violation com
planned of in this case viz the encumoeriDg the pier
and obsiruc ing the passage Of carts 10 other vessels
The haTbOr master has authority and it il made his duty
execution of State laws ana the Cooperation bylaws
for preventing and removing nuisance. And it pro-
vides the penalty In the party does not remove
them Every obstruction on wharf or pier Is a null
sance and might be abated any one and the author
y given to the haTborm requires them 10 enforce
the aws and to claim the penalty, but cannot to
the conclusion that the powers given By the sixth
ton were intended to be enforced under the authority
referred to in the third section of the statute. idg
me at s therefore given for the defendant the de
murTer
If the above decision Is correct harborTnasiers
are relieved Of very onerous duty in keeping the
passage way the piers open for the accommodation
Of the merchants and carmen going 10 and from vessels
unloading and leading and lead great confusion
and trouble. Om City authorities hereafter must fur
Iish Police Officer, and place him each pier OF cur
harbor.