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Transcript of the Laws of 1811, Chapter 200

[Laws of 1811], Chap[ter] CC [200]

AN ACT for the more effectual inforcement [sic] of the provisions contained in an act entitled “An act for the further encouragement of Steam Boats on the waters of this state, and for other purposes.”

Passed April 9th, 1811

At what time forfeitures of boats contravening provisions of former act deemed to accrue.

Remedy of R. Livingston and associates

I.Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the several forfeitures mentioned in the act entitled “An act for the further encouragement of steam boats on the waters of this state, and for other purposes,” passed the eleventh day of April, one thousand eight hundred and eight, shall be deemed to accrue on the day on which any boat or boats moved by steam or fire, not navigating under the licence of Robert R. Livingston and Robert Fulton, their associates or assigns, shall navigate any of the waters of this state, or those within its jurisdiction, in contravention of the said act; and that Robert R. Livingston and Robert Fulton, their associates and assigns, shall and may be entitled to the same remedy, both in law and equity, for the recovery of the said boat and engine or boats and engines, tackle and apparel, as if the same had been to tortiously [sic] and wrongfully taken out of their possession.

Writs of injunction to issue.

II.And be it further enacted, That when any writ, suit or action is brought for the recovery of such forfeitures, the defendant or defendants to such writ, suit or action, the captain, mariners and others, employed in so navigating in contravention of the said law, shall be prohibited by writ of injunction from navigating with or employing the said  boat or boats, engine or engines, or from removing the same or any part thereof out of the jurisdiction of the court, or to any other place than that which shall be directed for their safe keeping by the court during the pendance of such suit or suits, action or actions, or after judgment shall be obtained, if such judgment shall be against the defendants, or the matter or thing forfeited.

Rules to be enjoined upon plaintiff to prevent delay

Certain boats excepted from the operations of this act

III.And be it further enacted, That when the plaintiffs shall elect to sue out an injunction, the court granting the same shall impose upon them such rules as may appear just and proper, to prevent unnecessary delays in bringing such suit to issue and trial: Provided always, That nothing in this act shall be deemed or construed to extend or apply to the two boats or vessels commonly called steam-boats, belonging to Hamilton Boyd, Isaiah Townsend, Robert R. Henry and associates, or to the captain, mariners and others employed in navigating the same, which boats or vessels were lately launched at the city of Albany, nor to the steam boat which during the last summer plied on Lake Champlain, and is said to belong to James Winants and his associates, or to the captain, mariners or others employed in navigating the same, but in regard to the said three boats or vessels the said Robert R. Livingston and Robert Fultoh [sic], and their associates and assigns, shall have and enjoy all the remedies heretofore provided in and by or resulting from any former law or laws of this state, and the relative rights and remedies of the respective parties in relation to the three boats or vessels above mentioned, shall be and remain as if this act had not been passed.