CHAP. XX. $15. The rates of pilotage for any intermediate distance Rates of shall be determined by the board of commissioners, and pro- pilotage. mulgated in their rules and regulations for the government of pilots. full pilot $ 16. Between the first day of November and the first day Addition to of April, inclusive, four dollars shall be added to the full pilot- age." age of every vessel coming into, or going out of the port of New York. [For Sec. 17 see Laws of 1857, ch. 243.] how paya S18. The pilotage shall be payable by the master, owner, Pilotage, consignee, or agent entering or clearing the vessel at the port ble. of New York, who shall be jointly and severally liable therefor. lots, when $ 19. A pilot, who is carried to sea when a boat is attend- Pay of piing to receive him, shall receive at the rate of one hundred carried to dollars per month during his necessary absence. sea. vessels to pilots. $ 20. Masters of vessels shall give an account to the pilot Masters of when boarding, of the draught of such vessels; and in case account to the draught given is less than the actual draught, he shall forfeit the sum of twenty-five dollars, which may be sued for and recovered by the commissioners, as is hereinafter provided in section twenty-eight, in respect to other fines and penalties. [For Sec. 21 see Laws of 1857, ch. 243.] $ 22. It shall be the duty of the commissioners, out of any Rewards. funds which may be obtained, to provide rewards, to encourage the prompt relief of disabled vessels, and the speedy report of the same, and generally to encourage not only the energetic performance of duty, but benevolent and praiseworthy efforts to relieve vessels and passengers from distress or suffering. be suspend $23. The commissioners shall have power and authority, at Pilote may any time, to suspend any pilots so licensed, for any period ed." they may think proper, and also to revoke and annul any license which shall have been granted, upon satisfactory proof of negligence or carelessness on the part of such pilot, or of wilful dereliction of duty, or of wilful disobedience of any lawful rule or regulation duly made and promulgated by said commissioner; but the pilot or pilots so suspended may at any time upon due notice appeal to the commissioners for a rehearing of their case and the commissioners shall have power to confirm or reverse the previous act or decision of the said board. As amended by Laws of 1854, ch. 196. sioners to examine $24. It shall be the duty of the commissioners to hear and Commis examine all complaints duly made in writing against any hear and pilot licensed by them, or against any person connected with complaints. a boat of such pilot, for any misbehavior or neglect of duty, or breach of their rules or regulations, that shall appear to them material, to be investigated; and also all complaints made in like manner by any licensed pilot against any mas PART I Before complaint or persons notified. ter, owner or seaman of a vessel, for any misbehavior towards such pilot in the performance of his duty or any breach of such rules or regulations. $25. Before any person shall be proceeded against on any suspension, complaint, and before any pilot be suspended longer than for must be one month, or be remoyed, such person or pilot shall be notified, in writing, signed by the secretary, to appear before the commissioners, specifying the nature and substance of such complaint, which notice shall be served, personally, at least five days before the time fixed for appearance, and the commissioners, for just cause, shall postpone or adjourn the hearing, from time to time; a certificate of such commissioners, or of a majority of them, with proof of such service of notice, shall be prima facie, but not conclusive evidence that the party upon whom the notice was served, and a fine or penalty thereupon imposed, is liable to pay such fine or penalty. Subpenas. Fines or penalties, how to be sued for. Secretary and clerks. Act concerning Hell Gate pilots not $ 26. The secretary, under the supervision of the commissioners, shall, at the instance either of the complaining or defending party, issue subpoenas for compelling the attendance of witnesses to testify before the commissioners, in all cases in which the power to hear and examine is conferred by this act; and it shall be the duty of the commissioners to examine all such witnesses on oath, to be administered by them, as shall appear to them to give material testimony; and each person subpoenaed as a witness shall be entitled to the like compensation from the party requiring his attendance, and be subject to the like penalties and punishments for disobedience, or for false swearing, as in civil suit at law in a court of record. $27. All pecuniary fines or penalties, imposed by the said commissioners by virtue of this act, may be sued for in the name of the "Board of Commissioners of Pilots," and the notice and certificate, given as aforesaid, may be set forth in pleading, without setting forth other facts or circumstances. The decision of a majority of the commissioners shall be conclusive upon all questions arising under this act, except as herein before provided. In case of an omission to fill any vacancy in the board of commissioners for one month, the remaining two or three commissioners (as the case may be) shall have authority to perform all the duties of the commissioners for the time being. $ 28. It shall be the duty of the secretary and his clerks, if any, when not employed under the foregoing provisions of this act, to aid the licensed pilots in keeping their accounts of pilotage, and in collecting the same, if desired, and in keeping a register of calls for pilots. [For Sec. 29 see Laws of 1857, ch. 243.] $30. This act shall not repeal or in any way affect the provisions of the act entitled "An act concerning the pilots of CHAP. XX. the channel of the East river, commonly called Hell Gate," to be affect passed April 15, 1847. ed by this act. $31. All laws now in force, and which are inconsistent Repeal. with the provisions of this act, are hereby repealed. CHAP. 243. AN ACT to amend the Pilot Laws, passed June twentyeighth, eighteen hundred and fifty-three. PASSED April 3, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows: pilots. § 1. Sections seventeen, twenty-one and twenty-nine, of the Pilot laws, passed June twenty-eighth, eighteen hundred and fifty-three, are hereby amended so as to read as follows: $ 17. For every day of detention in the harbor of an out- Fees of ward bound vessel, after the services of a pilot have been required and given, except detention shall be caused by such adverse winds and weather that the vessel cannot get to sea; and for every day of detention of an inward bound vessel, by ice, longer than two days for passage from sea to wharf, three dollars shall be added to the pilotage. If any pilot shall be detained at quarantine, or elsewhere, by the health officer, for being or having been on board a sickly vessel as pilot, the master, owner or agent, or consignee of such vessel, shall pay to such pilot all necessary expenses of living, and three dollars per day for each and every day of such detention. vessels in $21. For services rendered by pilots in moving or trans- For transporting vessels in the harbor of New York, the following shall porting be the fees: For moving from North to East river, or vice harbor. versa, if a seventy-four gun ship, twenty dollars, if a sloop of war, ten dollars if a merchant vessel, five dollars, except such vessel shall have arrived from sea, or is ready for and bound to sea on the day such services for transportation are rendered; but if the services are rendered thereafter, such payment shall be made. For moving any vessel from the Moving quarantine to the city of New-York, one-quarter of the sum quaran that would be due for the inward pilotage of such vessel. tine. For hauling any vessel from the river to a wharf, or from a wharf into the river, three dollars, except on the day of arrival or departure of such vessel. from $29. No master of a vessel under three hundred tons bur- Masters of then, belonging to a citizen of the United States, and licensed vessels. and employed in the coasting trade, by the way of Sandy Hook, shall be required to employ a licensed pilot; but in case the services of a pilot shall have been given, the pilot shall be entitled to the rates established by the act of June twenty-eighth, eighteen hundred and fifty-three. If the mas PART I. license. Masters ter of any vessel above one hundred and fifty and not exceedmay obtain ing three hundred tons burthen, and owned by a citizen of the United States, and sailing under a coasting license to or from the port of New York, by the way of Sandy Hook, shall be desirous of piloting his own vessel, he shall first obtain a license for such purpose from the commissioners of pilots, who are hereby authorised and required to grant the same, if such master shall, after an examination had by said commissioners, be deemed competent; which said license shall be and continue in force one year from the date thereof, or until the determination of any voyage during which the license may expire. For such license, the master, to whom it shall be granted, shall pay to the said commissioners four cents per ton. All masters of foreign vessels and vessels from a foreign port, and all vessels sailing under register, bound to or from the port of New York by the way of Sandy Hook, shall take a licensed pilot; or in case of refusal to take such pilot, shall himself, owners or consignees, pay the said pilotage as if one had been employed; and such pilotage shall be paid to the pilot first speaking or offering his services as pilot to such vessel. Fees for license. In case of refusal. Persons not holding a license. Penalty. Steam vessels. Any person not holding a license as pilot under this act, or under the laws of the state of New Jersey, who shall pilot, or offer to pilot any ship or vessel to or from the port of New York, by the way of Sandy Hook, except such as are exempt by virtue of this act; or any master or person on board a steam tug or tow boat, who shall tow such vessel or vessels, without such licensed pilot on board such vessel or vessels, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding one hundred dollars, or imprisonment not exceeding sixty days; and all persons employing a person to act as pilot, not holding a license under this act, or under the laws of the state of New Jersey, shall forfeit and pay to the board of commissioners of pilots the sum of one hundred dollars. S2. The provisions of this act shall not apply to vessels propelled wholly or in part by steam, owned or belonging to citizens of the United States, and licensed and engaged in the coasting trade. Wharves for canal boats. CHAP. 367. AN ACT to regulate the use of slips and wharves of the city of New-York, between piers number two and number ten, East river. PASSED April 13, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. All that part of the water adjacent to the wharves of the city of New York, from the east side of pier number two CHAP. XX. to and including the east side of pier number nine, East river, shall hereafter, from the twentieth day of March to the twentieth day of December, in each and every year, be set apart, kept and reserved, to the extent specified in this act, for the use and accommodation of canal boats and barges, engaged in the business of transporting property on the Hudson river, or coming to tide water from the canals of this state, arriving in said eity from the city of Albany or any port or place north or west thereof, and barges transporting property to and from the termini of the New York and Erie, New York Central and Packets. Hudson River railroads; and that piers number ten, eleven and the west side of pier number twelve, East river, inclusive, shall hereafter be set apart, kept and reserved for the use and accommodation of the regular packet lines of sailing vessels, propellers and barges now occupying berths on piers nine, ten, eleven and west side of pier twelve, and running to and from the following ports, to wit: Boston, Massachusetts; Portsmouth, New Hampshire; Philadelphia, via the Delaware and Raritan canal; Wilmington, North Carolina; Savannah, Georgia; Charleston, South Carolina; Apalachicola, Florida; Mobile, Alabama; New Orleans, Louisiana; and Matagorda, Texas. harbor $2. It shall be the duty of the harbor masters or other Duty of officer or officers of said city who are now or hereafter shall masters. be empowered by law or by any ordinance of said city, to regulate and station ships and vessels in the harbor of said city, and they shall have power to prohibit and prevent all other boats, ships and vessels from entering any of the slips or approaching or lying at any of the wharves between the piers named in the preceding section during the period therein specified, when such slips and wharves shall be required for the use and accommodation of the vessels, boats and barges mentioned in said section. In case any boat, ship or vessel, not entitled according to the provisions of this act to use said waters, shall have entered any of said slips or shall be lying at any of said wharves during the period aforesaid, when such slip or wharf shall be needed or required for the use or accommodation of any of the vessels, boats or barges specified in the preceding section, it shall be the duty of the said harbor masters or other officer or officers, and they shall have power forthwith to remove such boat, ship or vessel from such slip or wharf, so far as may be necessary to accommodate the vessels, boats and barges entitled as aforesaid to the use of said slip or wharf. 53. Any person resisting or refusing or neglecting to com- Penalties. ply with any order or direction of any harbor master or other officer, given in pursuance of this act, in relation to any boat, ship or vessel under the command or control of such person, and any person whatever who shall resist or oppose any harbor master or other officer in the performance of the duties of his office, under this act, shall, for every such offence, forfeit |