PART I.

his service

hereby established. And any master or commander of any vessel who shall give to such branch Hellgate pilot an untrue account of the draft or tonnage of his vessel, shall forfeit and pay the sum of fifty dollars, to be sued for and recovered by the board of port wardens of New York.

As amended by Laws of 1865, ch. 115. Post, vol. 6, p. 445.

Rights of $ 7. Any of said Hellgate pilots who shall first tender his pilot first tendering services, may demand and receive from the master, owner or consignee of any vessel of the burthen of fifty-five tons and upwards, navigating the said channel of Hellgate, to whom he shall have tendered his services as a pilot, and by whom the same shall be refused, whether inward or outward bound, one-half pilotage for every foot of water such vessel may draw, which half pilotage shall be the one-half of the rates of compensation established by the sixth section of this act. But such half pilotage shall not be chargeable to any vessel under ninety-five tons burthen, sailing under a coasting license, and shall not be chargeable more than once for the same passage to any vessel. And in case any such vessel under fifty-five tons burthen, navigating the said channel to or from the port of New York, shall make the usual signal for a pilot, and shall refuse to receive on board or employ such pilot when he shall have tendered his services, then the master, owner or consignee of such vessel shall pay to such Hellgate pilot such half pilotage from the place at which such pilot shall have so offered his services.

Allowance for extra Bervice.

When persons other than branch Hellgate deemed

As amended by Laws of 1865, ch. 115. Post, vol. 6, p. 445.

And any pilot who shall pilot any government vessel through the said channel, shall be entitled to receive the same compensation therefor, as is now provided by law for like services, in piloting such vessel to or from the port of New York by the way of Sandy Hook.

S8. The master, owner or consignee of any ship or vessel to whom any Hellgate pilot shall have rendered, upon the request of the master of said ship or vessel, any extra service for the preservation of said ship or vessel, while in distress, shall pay to said pilot, in addition to the compensation set forth in the sixth section of this act, such amount for extra services as the board of wardens shall determine to be a reasonable reward; and for every day which any Hellgate pilot shall be detained on board any ship or vessel, over and above twenty-four hours, he may demand and receive from the master, owner or consignee of said vessel, two dollars a day for each and every day he shall be so detained.

S9. If any person other than a branch Hellgate pilot shall pilot or tow for any other person any vessel of any description, pilots to be or board such vessel for that purpose (except barges, vessels of less than fifty-five tons burthen, and canal boats actually used in navigating the canals), or shall offer to pilot or tow

guilty of miedemeanor.

CHAP. XX.

any such vessel in the channel of the East river, commonly called Hellgate, without the aid of a branch Hellgate pilot on board, he shall be deemed guilty of a misdemeanor, and may be prosecuted therefor in any county of this state adjoining to or in which said offence may be committed, and on conviction thereof shall be punished for every such offence by a fine not exceeding one hundred dollars, or by imprison- Penalties ment not exceeding sixty days, or by both such fine and imprisonment. And all persons employing a person to act as a pilot through Hellgate. who is not a branch Hellgate pilot, shall forfeit and pay the sum of one hundred dollars to the port wardens of the port of New York, as provided by the foregoing section six. Nothing in this section contained shall be construed to prevent one of the crew of the vessel, except when in tow of a steamer, from piloting said vessel through the aforesaid channel, nor impair or affect the seventh section of the act hereby amended, save so far as the seventh section is amended by section two hereof. As amended by Laws of 1865, ch. 115. Post, vol. 6, p. 445. 1 Hilt. 271. § 10. This act shall not be construed to apply to the passenger steam- Steamboats plying on regular passenger routes this side or to the westward of Cape Cod. And all foreign vessels and vessels under register navigating the channel of Hellgate who shall be spoken, shall be subject to the pilotage fees, as provided in section six, to the first pilot who tenders his services.

As amended by Laws of 1865, ch. 115. Post, vol. 6, p. 445. $11. All acts or parts of acts as are inconsistent with the visions of this act, shall be, and the same are hereby repealed. As enacted by Laws of 1865, ch. 115. Post, vol. 6, p. 445.

boats.

pro

Repeal.

CHAP. 467.

AN ACT entitled “An act to provide for the licensing and government of the pilots, and regulating pilotage of the port of New York."

PASSED June 28, 1853.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§1. There shall be, in the city of New York, a board entitled "The Board of Board of Commissioners of Pilots," consisting of five persons, to be elected as soon as con- commisvenient after the passage of this act, and to hold their offices, respectively, for two years from the time of their election, and until others shall be elected.

sioners.

§ 2. Three of such commissioners shall be elected by the members of the cham- Three com ber of commerce of the city of New York, at a meeting to be called for the pur. missioners pose, to be specified in the notice for the meeting: and the certificate of the to be elected by secretary of that body, or other officer regularly performing his duties for the chamber of time being, shall be prima facie evidence of such election.

commerce.

of under

$3. Two other of such commissioners shall be elected by the presidents and Two by vice-presidents of the marine insurance companies of the city of New York, com- the board posing or represented in the board of underwriters of said city, at a regularly writers. convened meeting of such board, on the notice of their secretary, stating that the election of commissioners will take place, or of some members of the board, by them duly authorized, given in writing, at least one day before the election, stating that the election of commissioners will take place, and delivered at the office of such company. Each insurance company represented at such meeting shall be entitled to one vote, and the certificate of the secretary of such board, or of any officer acting in his stead, shall be sufficient prima facie evidence of an election.

4. Upon the expiration of the term of office of any commissioner or commis- Election sioners, or within thirty days prior thereto, and upon any vacancy occurring in case of by death, resignation, removal from the state, or other causes, another elec- vacancy of tion for the term of two years shall be made by the same class of per- sioners.

commis

PART L

Oath of office.

Secretary.

Office to be established.

Duties of secretary.

Licensing pilots.

Examina

tion to be nade be

fcre grant ing license.

sons, or authority, as that which made the election to the office so expiring or becoming vacant.

$5. Each commissioner, before entering upon the duties of his office, shall take the usual oath of office before an officer authorized to administer oaths, which oath or affirmation shall be filed, without delay, in the office of the clerk of the city and county of New York.

$6. The commissioners shall appoint a secretary, who shall take a like oath, to be filed in like manner as provided in section five; and they may remove him at any time and appoint another, and shall prescribe his duties and compensation.

$ 7. The board shall establish an office in some convenient and proper place in the city of New York, where the commis sioners shall meet on the first Tuesday of every month, and as much oftener by adjournment, or upon a notice given by any one of them, or by the secretary, as circumstances may require.

8. The commissioners shall require their secretary in person, or by deputy, to be in daily attendance at their office on all ordinary business days, during reasonable office hours, and shall cause to be kept by him a proper book or books, in which shall be written all the rules and regulations made by them, and all their official transactions and proceedings, and whatever else may be deemed by them proper and useful and immediately pertaining to their duties or to the pilot service. They shall also cause to be kept, by their secretary, a register of the names and places of residence of all the pilots who may be licensed by virtue of this act, with the dates of their licenses respectively, and such books may be inspected by any person interested.

$9. The commissioners, or a majority of them, shall with all convenient speed proceed to license, for such term as they may think proper, so many pilots as they may deem necessary for the port of New York; and such commissioners may specify in such licenses different degrees of qualifications appropriate to different parts or branches of duty, according to the competency of the applicant. No license shall be granted to any person holding any license or authority from or under the authority or laws of any other state, and the said commissioners, or a majority of them, shall have the power and authority to revoke and annul the license of any person so licensed by them to act as pilot who shall not be attached to a boat approved of by said board, or who shall be guilty of any intoxication or other misconduct while on duty. As amended by Laws of 1854, ch. 196.

$10. It shall be the duty of the said commissioners, before they shall grant a license to any person applying therefor to act as pilot in pursuance of this act, within one week thereafter to call such applicant before them, and in presence of one or more of the pilots of the said port, licensed to pilot

vessels to and from the said port by the way of Sandy Hook, who shall be notified to attend for the purpose, and who are hereby required to attend and assist in such examination; or in case of the non-attendance of the pilot or pilots who shall be so notified to attend for that purpose, then, without the presence or assistance of any licensed pilot, to examine, or cause to be examined, such applicant, touching his qualifications for the office of a pilot, and in particular, touching his knowledge of the sailing and management of a square rigged vessel, and also touching his knowledge of the tides, soundings, bearing and distances of the several shoals, rocks, bars and points of land, and night lights in the navigation for which he applies for a license to act as a pilot, and touching any other matter relating thereto, which the said commissioners may think proper. And if, upon examination, the person so applying shall be found to be of good moral character and temperate habits, and to be possessed of sufficient ability, skill and experience to act as a pilot, and not otherwise, the said commissioners may grant him a license for piloting vessels to and from the port of New York, by the way of Sandy Hook.

CHAP. XX.

zance to be

of pilot

pilotage.

$11. The commissioners, before granting licenses, shall Recogni require all pilots to enter into recognizance to the people of given." this state, with two sureties, to be approved by such commissioners, or a majority of them, each in a penalty not exceeding five hundred dollars, condition that the pilot shall diligently and faithfully perform his duties as pilot, and observe the rules and regulations and decisions of the board; and every such recognizance shall be prosecuted in the name of the people of the State of New York, by or in behalf of the commissioners, provided a majority of them shall so instruct, and if any amount be collected in such suit, it shall be paid to the said commissioners, and they may direct the same to be applied for purposes as expressed in section twenty-three. $12. The said commissioners shall have the power to regu- Regulation late the stationing of pilot boats for the purpose of receiving boats and pilots from outward bound vessels, and may alter or amend any existing regulations for pilots, and make and duly promulgate and enforce new rules or regulations, not inconsistent with the laws of this state or of the United States, which shall be binding and effectual upon all pilots licensed by them, and upon all parties employing such pilots. They may declare and enforce forfeitures of pilotage upon any mismanagement or neglect of duty by the pilots licensed by them; they may declare and impose and collect fines and penalties, not exceeding two hundred and fifty dollars for each offence, to prevent any of the pilots licensed by them from combining injuriously with each other or with other persons, and to prevent any person licensed by them from acting as a pilot during his suspension or after his license may be revoked; and the said commissioners may establish and enforce all other needful

PART L

Fees on inward bound vessels.

Fees on outward bound

vessels.

rules and regulations for the conduct and government of the pilots licensed by them, and the parties employing them, and they may enforce and receive accounts of all moneys collected for pilotage by the pilots licensed by them, and may impose and collect from such pilots a sum not exceeding three per cent on the amount thereof, to defray their necessary expenses, including clerk hire and office rent.

As amended by Laws of 1854, ch. 196.

13. The fees for piloting are hereby established as follows:

For every merchant vessel, inward bound, and not exempted from pilotage by virtue of these regulations, drawing less than fourteen feet of water, two dollars and forty-four cents per foot.

For every vessel drawing fourteen feet, and less than eighteen feet of water, three dollars and six and one-quarter cents per foot.

For every vessel drawing eighteen feet, and under twentyone feet of water, three dollars and sixty-nine cents per foot. For every vessel drawing twenty-one feet of water, and upward, four dollars and thirty-one and a quarter cents per foot.

If the masters or owners of any vessel shall request the pilot to moor said vessel at any place within Sandy Hook, and not to be taken to the wharf or harbor of New York, or the vessel to be detained at quarantine, the same pilotage shall be allowed, and the pilot entitled to his discharge.

For piloting national armed vessels of the United States, and also those of foreign nations, five dollars per foot.

When any ship or vessel, bound to the port of New York, and boarded by any pilot appointed by this board, at such distance to the southward or eastward of Sandy Hook lighthouse as that said light-house could not be seen from the deck of such ship or vessel in the day time, and in fair weather, the addition of one-fourth to the rates of pilotage hereinbefore mentioned shall be allowed to such pilot.

See Laws of 1865, ch. 137. Post, vol. 6, p. 448.

S 14. The pilotage on merchant vessels outward, shall be as follows:

For every vessel drawing less than fourteen feet of water, one dollar and eighty-one cents per foot.

For every vessel drawing fourteen feet, and less than eighteen feet of water, two dollars and twelve and a half cents per foot.

For every vessel drawing eighteen feet, and less than twenty-one feet of water, two dollars and seventy-five cents per foot.

For every vessel drawing twenty-one feet of water, and upwards, three dollars and eighteen and three-fourths cents per foot.

As amended by laws of 1854, ch. 196. See Laws of 1865, ch. 137.
Post, vol. 6, p. 448.