N.J. Stat. tit. 12, ch. 10

N.J. Stat. tit. 12, ch. 10
in effect

N.J. Stat. § 12:10-2 Record of acts and proceedings; inspection

Each port warden shall keep, in such books as may be necessary, a true and complete record of all his acts, proceedings, surveys and reports. Such books shall be open to inspection of any person interested therein.

N.J. Stat. § 12:10-3 Administering oaths; examination of witnesses; perjury

Each port warden may administer oaths, examine witnesses and take affidavits concerning the business of his office. All willful false swearing under such oaths shall be deemed perjury and punished accordingly.

N.J. Stat. § 12:10-4 Office; performance of duties

Each port warden shall keep an office in the county in and for which he is appointed, which shall be kept open during business hours, Sundays and holidays excepted. He shall have the exclusive right to perform all the duties of port warden for the county in and for which he is appointed.

N.J. Stat. § 12:10-5 Exclusive jurisdiction over surveys of damaged vessels and cargoes; sale of vessels

The port warden shall have exclusive cognizance of all matters relative to the surveys of vessels and their cargoes arriving at any place in his county in distress, or damaged while at such place. He shall be the judge of its fitness to be reshipped to its port of destination or whether it shall be sold for the benefit of whom it may concern. He shall, if called upon to do so, estimate the value or measurement of any vessel when it is in dispute or libeled, and record the same in the books of his office.

N.J. Stat. § 12:10-6 Examination of cargo of vessel; liability for damage to cargo

The port warden, on being notified and requested by any of the parties in interest, shall personally examine the condition and stowage of cargo on board any vessel. If any of the goods are damaged he shall ascertain and make a memorandum of the cause thereof and shall enter the same in full upon the books in his office. If the hatches of any vessel arriving at any place in this state shall be opened first by any person other than the port warden of the county in which such place is situate, and the cargo unloaded is in damaged condition, such facts shall be presumptive evidence that the damage occurred in consequence of improper stowage or negligence on the part of the persons in charge of the vessel, and the owner, consignee or master shall each and all be primarily liable for the damage.

N.J. Stat. § 12:10-7 Examination of wrecked or damaged vessels; assistants; fees

The port warden shall be the exclusive surveyor of any vessel which may have suffered wreck or damage or which shall be deemed unfit to proceed to sea. He shall examine the condition of the hull, spars, sails, rigging and all appurtenances thereof, and shall call to his aid carpenters, sailmakers, shipwrights or other persons skilled in their profession who shall not be interested in the matter. All persons so called shall be sworn and each receive a fee of two dollars to be paid by the parties requiring the examination. The warden shall specify what damage has occurred and record in the books of his office a full and particular account of all surveys held on such vessel. He shall be the judge of the repairs necessary to render the vessel again seaworthy, or for the safety of the vessel and the cargo on her intended voyage.

N.J. Stat. § 12:10-8 Examination of damaged goods discharged by vessels

The port warden, on being requested so to do by any of the parties in interest, shall proceed in person to any warehouse, store or dwelling, or in the public streets or on the wharf, and examine any property said to have been damaged on board of a vessel, and inquire, examine and ascertain the cause of the damage. He shall make a memorandum of the property and the damage thereto and record a full statement thereof in the books of his office.

N.J. Stat. § 12:10-9 Certificates of record by warden; as evidence

The port warden, upon request and upon payment of the regular fee, shall furnish a certificate of any record in the books of his office to any parties interested therein. All certificates shall be under the seal of and signed by the warden and shall be evidence in any court of this state of the existence and contents of the record.

N.J. Stat. § 12:10-10 Notice of examinations and surveys

In all cases of inquiries, examinations and surveys of vessels and cargoes on board thereof, the port warden shall give notice thereof and of the time and place of completing the same, to all persons interested therein or having charge of the subject matter of the inquiry, examination or survey. Such notice shall be by advertising in at least two daily newspapers in the county where the proceedings may be had, or such other papers the warden may deem necessary. The expense thereof shall be added to and paid with the fee for making the inquiry, examination or survey.

N.J. Stat. § 12:10-11 Attendance of warden on sales of condemned vessels and damaged goods; notice and conduct of sales; commissions

The port warden shall attend personally all sales of condemned vessels and of damaged materials and goods which are sold at public auction by reason of the damage, for the benefit of the owners or underwriters or for account of whom it may concern. The auctioneers making such sales shall give due notice thereof to the port warden and shall make such sales under the direction and by order of the warden, for which service he shall receive a commission of one per cent on the gross amount of sales, to be paid by the auctioneer to the warden on demand. The auctioneers shall make monthly statements to the warden of the county, specifying the total amount of each day's sales made by them under this chapter, which statement shall be filed in the office of the warden.

N.J. Stat. § 12:10-12 Certificates of cause of damage and amount of sales

The port warden, when required by the owner or consignee of damaged goods sold pursuant to section 12:10-11 of this title, shall certify the cause of the damage, the amount of the sales and the charges on the same, all of which shall be recorded in the books of his office.

N.J. Stat. § 12:10-13 Fees of port warden

The port warden shall be entitled to the following fees: a. For each survey held on board of a vessel, on hatches, stowage or cargo or damaged goods, or at any warehouse, store or dwelling, or in the public street or on the wharf, within the limits of the county, on goods said to be damaged, two dollars. b. For each certificate given in consequence thereof, one dollar. c. For each survey on the hulls, spars, sails or rigging of any vessel damaged, on arriving at any place in his county in distress, five dollars. d. For each certificate given in consequence thereof, two dollars and fifty cents. e. For each valuation or measurement of a vessel, ten dollars.

N.J. Stat. § 12:10-14 Violations; misdemeanor; additional penalty

No person, except the port warden appointed under this chapter, shall: a. Assume to act as port warden; b. Assume to perform or perform under any name or title any service or duty which the port warden may perform or which any person may require the port warden to perform; c. Undertake the performance of any of the duties prescribed in this chapter or pertaining to the office of port warden, whether or not the port warden has been notified or requested to act; or d. Have, permit or continue in or about his premises, place of business or office any sign, token or notice that he is a port warden or that he can or will act as a port warden, or give notice or advertise that he is such or will act as such. No person shall employ, aid or suffer any person other than the legally appointed warden to perform any of such duties. No person shall issue certificates of surveys of vessels, vessels' materials or goods damaged, with the intent to defeat or defraud the provisions of this chapter. No person shall sign or issue any certificate, report or other paper purporting to be made or signed by any person not appointed as a port warden under this chapter, in which certificate, report or paper such person not so appointed is designated or described as a port warden, whether of this or any other state. Any person violating this section shall be guilty of a misdemeanor and be punished by a fine not exceeding five hundred dollars or imprisonment at hard labor for a term not exceeding one year, or both, and in addition shall be liable to a penalty of one hundred dollars for each offense to be sued for and recovered by the warden or his successor in office under his proper name and title.

N.J. Stat. § 12:10-15 Action to restrain violations

The Superior Court in an action brought for such purpose may restrain any person from performing the duties of port warden or acting as such, or in any way interfering with the duties of the port warden or in any other way violating the provisions of this chapter. Amended by L.1953, c. 12, p. 104, s. 18, eff. March 19, 1953.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026