The Olneyville tribune. (Providence, R.I.) 1893-189?, 1894-08-25
CHATTER 1919
Az ACT In Amendment OF and In Add


An ACT In Amendment Of and In Addition TO
Chapter 200 OF tie Public Statutes, Entitled
"Of the Protection Of Navigation"
II Is enacted by the General Assembly az fol.
sEcTIosl Whenever q wrecked, sunksn CT
abandoned vessel. or any unlawful or unau-
thorized structure or thing is deposited or suf-
fered 20 be or remain in the tide waters OF this
state. and In the judgment OF the board OF har-
Dor commissioners is, or is liable TO cause or
become an obstruction TO the safe and conven-
lent use OF such waters for navigation and
other lawful purposes. il shall be the duty Of
said board and said board shall have power 10
remove such obstruction, or cause the same 10
be removed, In accordance with the provisions
of this act.
SEC. 9. II any person resident or being in
the United States is known 10 said board a.
the owner OF such vessel. or any interest there
In or as having or exercising any control over
the same as master, agent, insurer or other
wise, or, In case OF any other unlawful or un.
Authorized obstruction, as having alone or with
sthers built, deposited or caused the same, OF
as owning. maintaining using the same in
whole or in part. said board shall give notice
IN writing 10 such owner other person 10 re-
move such vessel other obstruction at or
within q time specified in the notice. II shall
be deemed a sufficient notice TO all such own
ers and other persons. IL served upon any one
or more Of them by said board, or by its order,
by delivering the same in hand. or by leaving
IL al the usual place of business, residence or
abode, or by duly mailing IL to the postofflce
address Of the owner or other person on whom
such notice Is to be served.
SEC. 3. III such vessel or other obstruction is
not removed at or within the time specified In
such notice, and in manner and TO a place
satisfactory 10 said board, or IL no such owner
or other person is known To said board upon
whom such notice can be served. said board
may proceed TO remove such vessel or other
obstruction r. n comnlete ha remnyal fharo-
OF, or 10 cause the same TO be done in such
manner and TO such place said board shall
deem best; and the necessary cost and expense
OF such removal, IL not paid by some owner or
other person liable therefor, shall, when certi-
fled by said board and approved by the gov
ernor be paid out OF the treasury of the state.
SEC. 4. The owner Of any vessel or Of an in
terest in any vessel wilfully or maliciously
wrecked, sunken or abandoned as aforesaid
and removed as hereinbefore provided, wheth-
er owning at the time such vessel first became
an obstruction, or at any subsequent time be-
fore such removal is completed, and all per-
sons having or exercising any control over such
vessel or any part thereof, and, in the case OF
any other obstruction so removed the person or
persons originally building davesiting caus-
ing the same, or at the time OF such removal, OF
~ any time prior thereto. owning. maintaining
or using the same in whole or in part shall be
liable 10 pay the cost and expenses of such re-
moval. or TO repay the same when paid out OF
the treasury a. aforesad: and the same may
be recovered in an action of contract brought
by said board in the name of the state against
such owners or other persons, or against any
one or more Of them. The attorney general
shall conduct and commence such suits. All
moneys so repaid or recovered shall be paid
into the treasury of the state. Any person, who
pays on a judgment or otherwise more than
his proportional part OF the costs and expenses
aforesaid, shall have a claim for contribution
against all other IA vi lin har
ing to their respective interests.
SEC. B. IL the cost and expenses of removing
vessel or other obstruction as aforesaid are not
paid or repaid by some owner or other person
liable therefor within ten days after such re.
mova is completed, said board of harbor com.
missioners may sell such vessel or other OBJ.
struction, or the materials and appurtenances
thereof, at public or private sale, and the net
proceeds Of such sale shall be paid into the
treasury of the state and deducted from the
amount to be repaid or recovered as provided
In the preceding section.
SEC. q. No insurer of n vessel who has paid
the loss thereon, shall, by reason of such in
surance, be held liable TO remove such vessel,
or 10 pay the cost and expenses of such re-
moval, under the provisions of this act, unless
such insurer has exercised some act of owner
ship or control over such vessel or some part
or appurtenance thereof, or received the pro-
ceeds of the sale thereof.
SEC. I. A commissioner of wrecks and ship
wrec ked goods shall not be liable TO the pro-
visions of this act, by reason Of anything done
by him in discharge of his Office as such COM
missioner; but he shall, upon notice and re-
quest by said board of harbor commissioners,
retain and apply much of the property in
his possession appertaining to wrecked ves-
sci, or OF the proceeds thereof, as may be nec-
essary TO provide for the removal OF such yes
sci so that the same shall not be an obstruc-
tion in tide waters.
SEC. s. Ii shall be the duty of commission
ers of wrecks and shipwrecked goods, and of
hsrbor masters, TO give immediate notice TO
the board of harbor commissioners OF all ship
wrecks occurring in tide waters OF their re-
spectve towns and harbors and Of any OBJ
structions existing therein.
SEC. Q. There shall be allowed and paid out
OF the treasury annually a sum not exceeding
three thousand dollars, TO be expended as may
be necessary in carrying out the provisions of
this act.
SEC. 10. II shall be the duty of said board Of
harbor commissioners to make application in
behalf OF the state for the reimbursement of
any sums expended under this act, which in
the opinion of said board might properly be
paid by the United States.
SEC. IL. This act shall take effect upon its
passage.