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CHAP. 46.

officers.

1821, 134, § 3.

Several persons may be licens

ed, if necessary. 1821, 134, § 1.

Penalty for

sales by per

collectors of taxes, executors or administrators, or any other person, who may be, or who now is, authorized to sell goods, chattels or lands, by order of any court or judge of probate.

SECT. 7. When circumstances render it proper or convenient, such selectmen or assessors may license several persons as auctioneers, in the towns or plantations, of which they are inhabitants, conforming to all the foregoing provisions.

SECT. 8. If any person, not being licensed and qualified as sons, not licens- aforesaid, shall sell any lands, goods or chattels at public auction, he shall forfeit not exceeding six hundred dollars.

ed.

Penalty for sel

ling property in

another town.

4 Greenl. 333.

Penalty on occupant of any building, for

unlawful sales 1821, 134, § 4.

therein.

Mode of recov

SECT. 9. If any person, licensed and qualified as aforesaid, shall sell or offer to sell, any lands, goods and chattels at public auction, in any other town or plantation, than that in which he was licensed, he shall forfeit and pay a sum, not exceeding six hundred dollars; provided that any parcel of real estate, lying partly in one town or plantation, and partly in another, may be sold in either of such towns or plantations, by an auctioneer of either.

SECT. 10. If the tenant or occupant of any house, or store or other building, having actual possession and control of the same, shall knowingly permit any person to sell any goods or chattels at public auction, contrary to any of the provisions of this chapter, in such house, store or building, or in any apartment or yard appurtenant to the same, he shall forfeit and pay a sum, not exceeding six hundred dollars, nor less than one hundred dollars.

SECT. 11. The penalties in this chapter may be recovered on ering penalties. indictment, or by action of debt, for the use of him, who may pros

1821, 134, § 5.

ecute or sue for the same.

Of the appointment of pilots. 1821, 177, § 1.

CHAPTER 47.

OF PILOTAGE, SHIPPING, SHIP OWNERS AND CHARTERERS.

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SECTION 1. The governor, with advice of the council, may appoint and commission one or more pilots, for such ports as may apply for the same, such application to be signed by a majority of the ship owners and ship masters, in the port recommending such suitable person or persons; and give to each of said pilots, branches or warrants, for the execution of the duties of their office. All pilots, now in commission, shall hold their offices according to the tenor thereof.

SECT. 2. Every pilot, before entering on the duties of his office, CHAP. 47. shall be duly sworn to perform faithfully and truly the duties of a Their oath and pilot, for the port or harbor, for which he has been appointed; and bonds. give bond to the treasurer of the state, in the sum of five thousand 1821, 177, § 2. dollars, for the performance of the trust reposed in him.

of their authorbound vessels. 1821, 177, § 2.

ity, as to inward

Their fees to be fixed by the gov

ernor and council.

SECT. 3. Every such pilot is authorized and directed to take charge of any vessel drawing nine feet of water or upwards, bound into any of the said ports; and shall pilot such vessel into the port, assigned to him, first showing to the commander thereof his branch, and informing him of his fees; but the master of any vessel, who may choose to hazard the pilotage of his own vessel, may do it without being subject to pay pilotage. SECT. 4. The and council may governor fix the fees of pilotage of the several pilots, and specify the same in their warrants; and also transmit to each collector of the customs in the said ports, schedule of said fees, to be hung up by such collector for public inspection. SECT. 5. If any vessel, while under the charge of a branch Liabilities of pilot, shall be lost or run aground, or cast away through the neglect or unskilfulness of such pilot, he shall be liable to pay the just value of the vessel and cargo, or any proportional damage, which may be sustained; to be sued for and recovered by the owner or insurer of the property.

a

SECT. 6. All vessels, drawing nine feet of water and upwards, bound to sea out of any of the said ports, except coasting and fishing vessels, shall be under the same restrictions, and be liable to pay the same fees, as those bound into any such ports; and all pilots of any outward bound vessels shall be liable to similar actions for damages, and subject to the same penalties for their neglect or unskilfulness, as if the same vessels were bound into said ports. SECT. 7. The governor and council are empowered to hear and determine all complaints against such pilots, for misconduct in the premises, and may suspend or remove them, at their discretion, and appoint others in their room.

SECT. 8. No ship owner shall be answerable, beyond the amount of his interest in the ship and freight, for any embezzlement, loss or destruction by the master or mariners, of any goods or merchandize, or any property put on board of such ship or vessel; nor for any act, matter or thing, damage or forfeiture, done, occasioned or incurred, by said master or mariners, without the privity or knowledge of such owner.

1821, 177, § 3.

such pilots.

1821, 177, § 4.

of the pilotage bound vessels. 1821, 177, § 5.

of outward

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against owners.

SECT. 9. If any such embezzlement, loss or destruction, as Apportionment mentioned in the preceding section, shall be suffered by several amongst freighters, &c. freighters or owners of goods, wares or merchandize, or any prop- on their claims erty whatever on the same voyage, and the whole value of the ship 1821, 14, 9. or vessel, and her freight for the voyage, shall not be sufficient to make compensation to each of them, they shall receive compensation from the owner of the ship in proportion to their respective losses, and for that purpose the said freighters and owners of the property, and the owner of the ship or vessel, or any of them, may prosecute a bill in equity, for discovery and payment of the sum, for which the owner or owners of the ship may be liable, amongst the parties entitled thereto.

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SECT. 10. The charterer of any vessel, in case he shall navigate such vessel at his own expense, shall be deemed the owner, within the meaning of the two preceding sections; and if any loss shall happen to any person from any of the causes, mentioned in the eighth section, and the same shall be compensated from the freight, or the proceeds of the sale of such vessel, or both, the owner or owners of such vessel or freight may recover the amount thereof from the persons, to whom the vessel was chartered.

SECT. 11. Nothing in any of the preceding sections shall be construed to take away or affect the remedy, to which any party may be entitled against any master or mariner, for or on account of any embezzlement, loss or destruction of goods, wares or merchandize, or any property put on board of any ship or vessel, on account of any fraud or malversation of such master or mariners, respectively.

How lighters

gravel, &c.

ed.

shall be mark1821, 172, § 1.

CHAPTER 48.

OF BOATS AND LIGHTERS, AND PROTECTION OF HARBORS.

SECT. 1. How lighters carrying stones, gra- SECT. 6. Fees.

vel, &c. shall be marked.

2. Penalty for using such, not marked.
3. For putting false marks.

4. The same to be inspected annually.

5. Boats, &c. to be re-marked when
their capacity varies.

7. Ballast not to be thrown over in

port.

8. Penalty for taking ballast from islands, &c. without consent.

SECTION 1. Every boat or lighter, employed in carrying stones, carrying stones, sand or gravel, shall be marked at light water mark, and at least at five other places, with figures four, twelve, sixteen, twenty four, and thirty, legibly made on the stem and stern post thereof; which figures shall express the weight such boat or lighter is capable of carrying, when the lower part of the respective numbers shall touch the water, in which said boat or lighter shall float; and such mark shall be inspected yearly, and when found illegible in whole or in part, they shall be renewed.

Penalty for using such, not marked.

SECT. 2. The master or owner of any boat or lighter, which shall be used or employed, not being marked as required in the 1821, 172, § 1. preceding section, shall forfeit and pay fifty dollars, to be recovered by any person, who shall sue for the same in an action of debt. SECT. 3. Any person, who shall put false marks on any boat 1821, 172, § 1. or lighter, as aforesaid, shall be liable to the same penalty, to be recovered in the same manner.

For putting

false marks.

The same to be inspected annually.

SECT. 4. The selectmen of every town, where boats and lighters are employed for the purposes above mentioned, shall annu1821, 172, § 2. ally appoint, in April or May, some suitable person to examine and ascertain the capacities of all such boats and lighters, and mark the same, as prescribed in the first section, who shall be duly sworn to perform such duties.

Boats, &c. to

SECT. 5. Whenever such inspector shall be of opinion, that the

burden or capacity of any such boat or lighter has been increased, or diminished by any repairs or otherwise, he shall forthwith ascertain, anew, the capacity of such boat or lighter, and mark her accordingly.

CHAP. 48.

be re-marked,

when their capacity varies. 1821, 172, § 3.

SECT. 6. Such selectmen shall establish and regulate the fees Fees. of such inspectors for their services.

1821, 172, § 4.

SECT. 7. No master of any ship or vessel shall throw overboard Ballast not to any ballast, in any road, port or harbor, on penalty of sixty dollars; be thrown over to be recovered, one half to the use of the town in which such 1821, 173, § 1. offence is committed, and the other half to any person, who will

sue for the same.

SECT. 8. If any master of a vessel, or other person, shall take, from any island, beach, or other land, without the consent of the owner, any stone or other ballast, he shall forfeit and pay for each offence, not exceeding seven dollars; to be recovered by action of debt, and to the same uses as mentioned in the preceding section.

Penalty for taking ballast from without con

islands, &c.

sent.

1821, 173, § 2.

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of commission

SECTION 1. The governor, with consent of the council, may Appointment appoint in the several counties, where he may deem it necessary, ers. one or more commissioners of wrecks and shipwrecked goods, who 1821, 14, § 5. shall be removable at pleasure.

SECT. 2.

bonds.

Each of the said commissioners shall be duly sworn, Their oath and and shall give bond to the judge of probate of the county, for 1821, 14, § 5. which he is appointed, for the faithful discharge of his duties; and any person interested may have the same remedy for the breach of any such bond, as is given on administrators' bonds for the settlement of estates of deceased persons.

SECT. 3. Every such commissioner, immediately, on receiving information of any shipwreck, or of finding any shipwrecked goods, or property of any kind, to the amount of one hundred dollars or more, on any of the shores or waters within his county, shall repair to the place where the said property may be found, and, in case the same shall not be in the custody of any owner or agent, he shall take charge thereof, and shall secure and preserve the same for the

owner.

General duties

1921, 14, 56.

and powers.

CHAP. 49.

1821, 14, § 6.

SECT. 4. The commissioner in such case may employ as many Same subject. persons, as he shall think necessary, to assist in preserving the property; and he may appoint guards to receive the same; and may suppress all tumults and disorders: and if any person shall disobey any lawful order of the commissioner, he shall forfeit, for every such offence, a sum not exceeding ten dollars, to be recovered in an action on the case, in the name of the commissioner, to the use of the town.

Inventory to be
taken.
1821, 14, § 6.

SECT. 5. The commissioner shall, on every such occasion, take an inventory of all the property, that shall come to his possession; and, when required by the owner of the property or his agent, or by any person interested, he shall make oath to the truth of such inventory; and shall deliver a copy thereof, if required, together with all the said property, to the owner or agent, or other person lawfully authorized to receive it: provided there shall be first paid, Compensation, or secured to be paid, to the commissioner, a reasonable compensation for his services, and such custom house duties and other charges, if any, as he shall have paid, or become liable to pay, on account of the property in question.

Compensation

in certain cases. 1821, 14, § 6.

SECT. 6. No person interested in any such property shall be of other persons held to pay to any person, other than a commissioner, any compensation for services or expenses in taking or securing the property, unless it be for property taken or secured before the arrival of the commissioner: in which case the commissioner shall, upon due hearing of all parties interested, determine the amount of compensation, by his award in writing; which shall be final, unless the sum awarded to any party shall exceed fifty dollars.

1821, 14, § 6.

Adjustment of SECT. 7. If the commissioner and the party interested disagree, compensation. respecting the charges of the commissioner, or if the award, made pursuant to the preceding section, exceed the sum of fifty dollars, and shall be unsatisfactory to any party, the person aggrieved may appeal to the judge of the district court for the county, where the property is situated; who shall, either in vacation or term time, decide the case in a summary manner, on due notice, and may order the clerk, under the seal of the court, to issue such process, as may be necessary, to carry his order into effect.

Penalty for un

termeddling. 1821, 14, § 6.

SECT. 8. If any person shall, after the arrival of a commissioner, authorized in- take, detain or intermeddle with any property, shipwrecked or found as aforesaid, except under the direction of the commissioner, or of some person interested, he shall forfeit a sum not exceeding one thousand dollars for each offence; to be recovered in an action of debt, which may be brought by the commissioner, or any person interested, to his own use.

Public informa-
tion of the
wreck, &c. to
be given.
1821, 14, § 7.

In what cases the property may be sold. 1821, 14, § 7.

SECT. 9. The commissioner, as soon as may be after his arrival at the place, where such property shall be found, shall publish the particulars of the shipwreck, and of the goods found, with such other material facts as he shall ascertain, in such manner, as he shall deem best for the information of all parties interested in case of neglect, he shall forfeit fifty dollars to the use of any party interested, who shall first sue therefor in an action of debt.

SECT. 10. The commissioner may dispose of so much of the property, by public auction, within thirty days after taking the same

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