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Navigation Law (L. 1897, ch. 592), § 6.

certificate from said inspectors, has conformed to and obeyed the conditions of such certificates, and the provisions of this act; and the owner, master, pilot, captain or engineer of such vessel shall answer all reasonable questions, and give all the information in his or their power, in regard to said vessel, her machinery and the manner of managing the same. In case of damage by fire or by explosion, or by means of an electrical apparatus, the inspectors may investigate the cause thereof, and if found by them to have been occasioned by a violation of any of the provisions of this chapter, or of the orders, regulations.and requirements of said inspectors, they shall so certify to the district attorney of the county where such violation occurred, together with the names of the persons guilty thereof and of the witnesses. The inspectors shall also make such inspection, examination and test of all vessels other than steam vessels carrying passengers or freight for hire, or towing for hire, and their apparatus and machinery, as will enable them to determine whether they can safely be used in navigation. They shall also make such inspection, examination and test of naphtha launches and electric launches, and their apparatus and machinery, as will enable them to determine whether they can be safely used in navigation. The inspectors provided for in this chapter are authorized to make further rules and regulations applying generally to all vessels, or especially to one or more of them, and on framing rules for the government of managers and employes of boats, the said inspectors shall, as far as practicable, be governed by the general rules and regulations prescribed by the United States board of supervising inspectors of steam vessels. (Amended by L. 1903, ch. 420, in effect May 7, 1903.)

§ 6. Inspection and test of boilers. The inspectors shall examine the boilers of all steam vessels, carrying passengers or freight for hire, or towing for hire, before the same shall be used, and shall make such examination at least once in every year thereafter. They shall determine from their examination, and the data submitted by the manufacturers of each of said boilers, the pressure of steam which it is safe for the boiler to carry, and shall apply to the boiler a hydrostatic test, using a pressure fifty per centum greater than the working pressure to be allowed; but should said inspectors be of the opinion that such boiler, by reason of its construction or material will not safely allow so high a working pressure they may, fix the working pressure of such boiler at less than two-thirds of

Navigation Law (L. 1897, ch. 592), § 11.

said test pressure; and no boiler or pipe, or any of the connections therewith shall be approved which is made, in whole or in part of bad material, or is unsafe in its form, or dangerous from defective workmanship, age, use or other cause. In addition to the hydrostatic test as herein provided, the inspectors may cause a hammer test to be made and an internal examination of such boiler or boilers so tested, whenever deemed necessary. Any boiler may be drilled at the bottom of shell or boiler, and also at such other points as the inspectors may direct, to determine the thickness of such material at those points, and the general condition of such boiler or boilers at the time of inspection and the steam pressure allowed shall be determined by such ascertained thickness and general condition of the boiler. They shall also see that all connections to the said boiler or engines are of suitable material, size and construction; and that the boiler, machinery and appurtenances are such as may be employed with safety in the service to be performed. They shall also satisfy themselves that the safety valves are of suitable dimensions, and are properly adjusted, so as to allow no greater pressure than the maximum amount prescribed by them; and that there is a sufficient number of gauge cocks properly attached to the boiler, so as to indicate the height of water therein; and suitable steam-gauges to correctly show the pressure of steam carried; and as to any other matter connected with such steam vessel or the machinery thereof, that to said inspectors shall appear necessary to the safety of her passengers and crew. (Amended by L. 1903, ch. 420, in effect May 7, 1903.)

§ 11. Sailing rules. From and after the passage of this chapter, the following rules shall be observed in navigating all steam vessels, when under steam, and all boats propelled by machinery on the waters within the jurisdiction of the state:

1. When two steamboats are meeting, end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other.

2. When two steam vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other.

3. When a steam vessel and a sailing vessel are proceeding in such directions as to involve risk of collision, the steam vessel shall keep out of the way of the sailing vessel.

Navigation Law (L. 1897, ch. 592), § 11.

4. When, by any of these rules, one of two vessels is to keep out of the way, the other shall keep her course and speed.

5. Every vessel under steam, when approaching another steamboat or small boat or vessel of any kind, so as to involve the risk of collision, shall slacken her speed, or if necessary, shall stop and reverse her engine, and every vessel under steam shall, when in a fog, go at a moderate speed.

6. Any steam vessel overtaking another steam vessel shall keep out of the way of the last-mentioned steam vessel.

7. When two steam vessels are going in the same direction the stern steam vessel wishing to pass the other shall signal the forward steam vessel of her intention to pass on the port side by two distinct whistles, and to pass on her starboard side, by one distinct whistle, which shall be answered by the forward steam vessel with the same number of whistles, and the forward steam vessel shall keep on her course as if no signal had been given.

8. Steamboats approaching each other shall, at not less than three hundred yards distance between each other, give a signal with one loud, distinct whistle.

9. When two steamboats are approaching each other, and if the course of such steamboats is so far on the starboard side of each as not to be considered by the pilots as meeting end on, or nearly so, or if the steamboats are approaching each other, in such manner that passing to the right as in rule one is deemed unsafe by the pilot of either steamboat, the pilot so first deciding shall give two short and distinct blasts on his steam whistle, which the pilot of the other steamboat shall answer promptly by two blasts of his steam whistle, and they shall pass to the left (on the starboard) side of each other.

10. When two steamboats are approaching each other and the pilot of either steamboat fails to understand the course or intention of the other, whether from the signals being given or answered erroneously or from other cause, the pilot so in doubt shall immediately signify the same by giving several short and rapid blasts of the steam whistle, and if the boats shall have approached within five hundred yards of each other, both shall be immediately slowed to a speed barely sufficient for steerageway until the proper signals are given, answered and understood, or until the boats have passed each other.

11. When a steamboat is running in a fog or thick weather it

Navigation Law (L. 1897, ch. 592), § 13.

shall be the duty of the pilot to cause a long blast of the steam whistle to be sounded at intervals not exceeding one minute.

12. Signals of distress shall be four distinct blasts of the whistle, and shall be recognized by the master of any steamboat hearing the same, and he shall render such assistance as is in his power.

13. Any steamboat landing at a wharf shall have the right of the wharf for a period of five minutes; if detained at the wharf for a longer period than five minutes, the steamboat at the wharf shall allow another steamboat to land alongside and discharge her passengers and freight over her decks for at least ten minutes, and thereafter until such first steamboat shall leave said wharf.

14. In construing these provisions, due regard must be had to all the dangers of navigation, and to any special circumstances which may exist, rendering a departure therefrom necessary in order to avoid immediate danger.

15. Every steam vessel which is under sail and not under steam is to be considered a sailing vessel, and every vessel under steam, whether under sail or not, is to be considered a steam vessel.

16. Nothing in this article shall be construed to extend to any boat or lighter not being masted, or if masted and not decked, employed in the harbor of any town or city.

17. All steamboats licensed under the provisions of this article shall conform to and obey such other rules and regulations as the inspectors may prescribe, not inconsistent herewith.

18. Every vessel propelled by machinery on the waters within the jurisdiction of this state, shall have two copies of this section framed, one to be placed in the pilot-house for the government of the pilot, and the other to be hung in a conspicuous place on the vessel for the inspection of the passengers. (Amended by L. 1903, ch. 420, in effect May 7, 1903.)

Application to navigation of the canals.— It would seem that the provisions of this section would apply to the navigation of the canals by steam tug boats and modify the provisions of section 169 of the Canal Law. Wagner v. Buffalo and Rochester Transit Co., 59 App. Div. 419, 69 N. Y. Supp. 113.

13. Steam fire pump. Every steam vessel permitted by her certificate to carry one hundred passengers or upwards, shall be provided with a good double-acting steam fire pump or other equivalent apparatus for throwing water, the same to be at all

Navigation Law (L. 1897, ch. 592), §§ 14, 16.

times during the navigation of such vessel, kept ready for immediate use, having hose of suitable size and of sufficient strength to stand a pressure of at least seventy-five pounds to the square inch, and of a length to be specified by the inspectors. (Amended by L. 1903, ch. 420, in effect May 7, 1903.)

§ 14. Life boats.- Every ferry boat propelled by machinery shall be provided with at least one substantial boat, fifteen feet or more in length, and properly supplied with oars, and kept tight and in good condition at all times, and so attached to such ferry boat that it may in case of need be launched into the water for immediate use. Every steamboat or vessel propelled by machinery and carrying passengers shall be provided, if of the measurement of two hundred and fifty and less than five hundred tons burden, with at least two substantial rowboats, with life lines attached and properly supplied with oars, and kept tight and in good condition at all times, and so attached as to be capable of being launched into the water for immediate use in case of need; and if of the measurement of five hundred tons or more, with at least one first class lifeboat and one rowboat twenty-five feet long by seven wide, capable of carrying or supporting fifty persons each, and at least one rowboat of the usual size and construction, all to be properly supplied with oars, and kept tight and in good condition at all times, and so attached as to be capable of being launched into the water for immediate use in case of need. Every such vessel may also be required to carry such other boats, as the inspectors, on account of the route, or the number of passengers, deem requisite, and the master of such vessel shall exercise and discipline his crew in the launching, use and management of the boats until they become skilled boatmen. (Amended by L. 1903, ch. 420, in effect May 7, 1903.)

§ 16. Interference with safety valve. Whoever intentionally loads or obstructs, or causes to be loaded or obstructed, in any way, the safety valve of the boiler, or employs any other means or device whereby the boiler may be subjected to a greater pressure than the pressure allowed by the inspectors' certificate, or intentionally deranges or hinders the operation of any machinery or device employed to denote the stage of the water or steam in any boiler, or to give warning of approaching danger, or intentionally permits the water to fall below the prescribed low

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