4. Be it further enacted, That the commissioners appointed by Tenure of office. the county court of Elizabeth City and the borough and county court of Norfolk, shall hold their appointments at the pleasure of their respective courts, and may be displaced whenever the courts, from whom the appointments proceeded, deem it necessary; and the respective courts are authorized to appoint others in their places. And previous to entering on the duties of their office, each commis- Oath required. sioner shall take an oath, before their respective courts, to execute the duties of his office impartially.(d) 5. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 319.-An ACT to amend the several laws concerning pilots, and ap pointing a board of commissioners.* (Passed March 5th, 1824.) to settle disputes or consignees of 1. Be it enacted by the general assembly, That Robert Quarles, Board of commisJames Gilbert, Nathaniel Bush, junior, Samuel Vickery and Wil- sioners appointed liam Colley, of the county and borough of Norfolk, shall hereafter between pilots and constitute a board of commissioners, to meet in the borough of Nor-meters, owners folk; any three of whom may settle and determine all disputes or vessels. controversies which may arise between any pilot and master, owner or consignee of any vessel; the decisions of which board shall be final and binding. And whenever either party shall refuse to abide by Decisions of said the decision of the board, such decision shall be put into the hands board, how to be of any constable, sheriff, or sergeant of this commonwealth, who is hereby authorized to execute such decision as the law in cases of execution for debt prescribes; and the constable, sheriff or ser- Fees of officers. geant, shall be entitled to the same fees as they are entitled to in such cases. (a) enforced. commissioners to 2. Be it further enacted, That the said acting commissioners, Compensation to after their award, shall be entitled to receive from the person or per- be paid by person sons so cast, the sum of one dollar and fifty cents each, for every against whom day they shall be employed in deciding such controversy, to be they decide. paid by the person or persons so cast. (b) favor, in case of pay 3. Be it further enacted, That if the person or persons so cast, Remedy in their shall refuse or delay to pay the cost aforesaid, the commissioners, refusal of so acting, shall have full power and authority to obtain a warrant ment. from any justice of the peace, who may issue an execution for the same, against such person or persons, in like manner as is now prescribed by law in other cases. (c) other misbeha 4. Be it further enacted, That if any pilot having charge of Board empowered any vessel, shall be found intoxicated, or be guilty of any other to suspend any pilot, guilty of being misbehaviour, or neglect of duty, while having charge of such ves- intoxicated, or of sel, the said board of commissioners shall have full power to sus-viour or neglect of pend such pilot, for a term not less than three months, nor more duty. than two years; and, in case any pilot, thus suspended, shall at- of time. tempt to conduct any vessel, as a pilot, during such suspension, on Remedy against sufficient proof thereof, the board of commissioners shall be au- such order susthorized, and have full power, to obtain a warrant, directed to any (d) Post. ch. 319, § 5. Acts 1823-4, ch. 27, p. 30. (a) Former laws, ante. ch. 317, 318. Amended, post. ch. 320, § 1. For what length pilot disregarding pending him from Commissioners authorized to administer oaths, and issue summons. Vacancies in the board, how to be supplied. sheriff or other officer, to apprehend and take into his custody, the person or persons so offending, and compel him or them to enter into bond, with good and sufficient security, in the penalty of not less than one hundred dollars, for his or their good behaviour, during his or their suspension. Should the person or persons, so taken by the sheriff or other officer, refuse to give bond, as herein directed, the sheriff or other officer shall have full power, and he is hereby authorized and required, to confine the person or persons so offending, in the most convenient jail, until such person or persons shall comply with the provisions of this act; and the said sheriff or other officer shall receive the same fees as are now prescribed by law in similar cases; and the said commissioners, or any one of them, shall have the same power and authority to administer oaths, and issue summons, as is now vested in justices of the peace.(d) 5. And be it further enacted, That, whenever a vacancy shall happen, by the death or resignation of any commissioner, the hustings court of the borough of Norfolk, shall appoint some proper and Oath of office re- discreet person to fill such vacancy; and every commissioner, now and hereafter to be appointed, shall, before he enters on the duties of his office, take an oath before the said court, that he will faithfully and impartially execute the duties by this act enjoined.(e) quired. Commencement. Board of commissioners constituted to meet in Hampton. Their powers. 6. This act shall commence and be in force from and after the passing thereof. CHAP. 320.-An ACT to amend the act, entitled, " an act to amend the several 1. Be it enacted by the general assembly, That John S. Westwood, Robert Lively, William Hope, Teakle Savage, and William Jennings, junior, of the county of Elizabeth City, shall hereafter constitute a board of commissioners, to meet in the town of Hampton; any three of whom shall form a board, with power to hear and determine all controversies which may hereafter arise between pilots belonging to this commonwealth, concerning a violation of any of the duties prescribed by the various laws relative to pilots, whose decisions shall be final: Provided however, That the party against whom such decision is made, shall have had at least ten days notice of such trial, and the nature of the charges to be preferred against Farther proviso. him: And provided also, That the sentence of such board shall in no case exceed a suspension of the branch of the accused for a longer period than six months for any one offence. Proviso. (d) See post. ch. 320, § 5. (e) Ibid. § 6. Acts 1824-5, ch. 33, p. 28. By the act of 1820, ante. ch. 317, the county court of Elizabeth City and the borough of Norfolk, appointed the board of examiners who were constituted a board to examine pilots, and to settle and determine controversies between pilots and the masters, &c. of vessels. By the act of 1822, ante. ch. 318, the commissioners appointed by the county court of Elizabeth City were to meet in Hampton, with the powers of the former board. By the act of 1823, ante. ch. 319, certain persons of the borough of Norfolk were appointed a board for the same purposes, to meet in Norfolk; and by the act here inserted, certain persons of Elizabeth City were constituted a board, to meet in Hampton. Thus two boards are established to meet in each place. 2. Be it further enacted, That it shall be the duty of the said Clerk to the board. board to appoint a clerk, whose duty it shall be to keep a true and just record of the proceedings of such board; and for such ser- His duty and comvices, shall receive from the party against whom sentence is pro- pensation. nounced, the sum of fifty cents. ing commis sioners. 3. Be it further enacted, That the acting commissioners, after Allowance to acttheir award, shall be entitled to receive, each, the sum of one dollar for every day they shall be employed in deciding such controversy, to be paid by the person cast. persons chargeable 4. Be it further enacted, That if the person or persons so cast, Remedy against shall refuse or delay to pay the cost aforesaid, the commissioners so refusing to pay. acting shall have full power and authority to obtain a warrant from any justice of the peace, who may issue an execution for the same against such person or persons, in manner as is now prescribed by law in other cases. misbehaviour or pension how en 5. Be it further enacted, That if any pilot having charge of any Board may susvessel, shall be found intoxicated, or be guilty of any other misbe- Pend pilots for haviour or neglect of duty, while having charge of such vessel, the neglect of duty. said board of commissioners, so acting, shall have full power and authority to suspend such pilot for a term not less than three months, How long. nor more than six months; and in case any pilot, thus suspended, Sentence of susshall attempt to conduct any vessel, as a pilot, during such suspen- forced. sion, on sufficient proof thereof, the board of commissioners shall be authorized, and have full power to obtain a warrant, directed to any sheriff or other officer, to apprehend and take into his custody the person or persons so offending, and compel him or them to enter into bond, with good and sufficient security, in the penalty of not less than one hundred dollars, for his or their good behaviour, during his or their suspension. Should the person or persons so taken by the sheriff or other officer, refuse to give bond, as herein directed, the sheriff or other officer shall have full power, and he is hereby authorized and required to confine the person or persons so offending, in the most convenient jail, until such person or persons shall comply with the provisions of this act: and the said sheriff or Fees of sheriff, other officer shall receive the same fees as are now prescribed by law in similar cases; and the said commissioners, or any one of Commissioners them, shall have the same power and authority to administer oaths, minister oaths and and issue summons, as is now vested in justices of the peace. &c. empowered to ad issue summons. board how sup 6. And be it further enacted, That whenever any vacancy shall Vacancies in happen by the death or resignation of any commissioner, the county plied. court of Elizabeth City shall appoint some proper and discreet person to fill such vacancy; and every commissioner, now and here- Oath to be taken after appointed, before entering upon the duties of his office, shall each commisby take an oath before the said court, that he will faithfully and impartially execute the duties of his office. sioner. ter of vessel shall bound voyage the 7. Be it further enacted, That every master or owner of a vessel In what case masshall be compelled to take, on his outward bound voyage, the pilot take on outward who conducted his vessel to her port of destination or lading, pro-pilot who conductvided such pilot, in conducting such vessel to her port of lading or ed his vessel into destination, shall have discharged with skill and fidelity his duty, and shall tender his services to the master or owner of such vessel on board, so that no delay in the departure of said vessel from port shall be produced. (a) port. 8. This act shall commence and be in force from the passage Commencement. thereof. (a) Altered from ante. ch. 317, § 4. Examiners to grant branches to pilots on Rappahannock river, appointed. Oath of examin ers. CHAP. 321.—An ACT establishing a board of examiners to grant branches to pilots on the Rappahannock river.* (Passed January 13th, 1826.) 1. Be it enacted by the general assembly, That Henry T. Philips, Robert Parrott, Samuel Philips, Michael Magrath and John Ames, gentlemen of the town of Fredericksburg, be, and they are hereby appointed examiners, for the special purpose of granting branches to pilots on the Rappahannock river, any three of whom may examine and admit as pilots those who are qualified according to the regulations hereinafter expressed. 2. Every examiner now or hereafter to be appointed, shall, before he enters upon the duties of his office, take an oath before the court of the county or corporation where he resides, that he will faithfully and impartially execute the duties by this act enjoined. How vacancies to 3. Whenever a vacancy shall happen by the death, resignation or refusal to act of any examiner, the court of the county or corporation where the examiner so dying, resigning or refusing to act, resided, shall appoint some proper and discreet person to fill such be supplied. Upon what condi vacancy. 4. Every person applying to be examined, shall produce a certitions branches to ficate from the court of the county or corporation where he resides, be granted. of his honesty and good demeanor, and that he is a citizen of this commonwealth; and if upon such examination, such person be found properly qualified to act as a pilot on the said river, the said examiners, or any three of them, shall grant him a branch, upon his paying down to them five dollars, and entering into bond with such security as the board of examiners shall approve, in the penalty of two hundred dollars, payable to the governor for the time being, and his successors, with a condition for the faithful performance of the duties required by this act; which bond shall be lodged in the clerk's office of the county or corporation where it may be executed, and may be sued on, at the instance of any person or persons injured by a breach of the condition thereof. None but free 5. Be it further enacted, That no person other than free white white citizens to citizens of this commonwealth, and who have obtained a branch be pilots. according to the provisions of this act, shall be allowed to pilot a vessel up or down the said Rappahannock river, upon pain of forfeiting thirty dollars for each offence, to be recovered by action of debt in any court of record in this commonwealth, by any person who will sue for the same: Provided, That nothing herein contained, shall prevent any master or owner of a vessel from employing any branch pilot qualified according to former acts of assembly, or from piloting his own vessel up or down the aforesaid river himself, if he thinks proper. Proviso. Pilots to be gov erned by act of February 10th, 1819. 6. And be it further enacted, That pilots qualified under this act, and masters and owners of vessels navigating the said river, shall be subject to the same rules and regulations, forfeitures and penalties that are prescribed in the act, entitled, "an act reducing into one the several acts concerning pilots, and regulating their *Acts 1825-6, ch. 61, p. 56. This act is placed among the private acts of this session; but in order that all the laws upon the same subject may be embraced in one view, it is here inserted. In 1826-7, an act was passed "concerning branch pilots on the river Rappahannock," but this act being repealed by the act of the succeeding session, both these laws are omitted; see acts 1826-7, ch. 62, p. 53; and 1827-8, ch. 110, p. 78. fees," passed February the tenth, eighteen hundred and nineteen, Fees. and the fees shall be the same as therein specified. furnish copies of 7. The public printer shall furnish the board of examiners con- Public printer to stituted by this act with fifty copies of this act, and the act men- this act and the tioned in the preceding section of this act, which passed February act above to exthe tenth, eighteen hundred and nineteen, and the said board shall, upon granting branches to pilots, furnish each pilot with one copy of each of the said acts. aminers. 8. All acts and parts of acts coming within the purview of this Repealing clause. act shall be, and they are hereby repealed. 9. This act shall commence and be in force from and after the Commencement. first day of March next. CHAP. 322.-An ACT to amend an act, entitled," an act reducing into one the several acts concerning pilots, and regulating their fees," passed February tenth, eighteen hundred and nineteen.* (Passed April 6th, 1831.) 1. Be it enacted by the general assembly, That every registered Rates of pilotage. vessel owned by a citizen or citizens of the United States, or by the citizens or subjects of any foreign state, whose vessels are by treaty with the government of the United States, placed on the same footing as vessels of the United States, shall pay the following rates of pilotage, in lieu of those now established by law; to wit, from sea to Hampton Roads, one dollar and twenty-five cents per foot; from Hampton Roads to sea, one dollar per foot; from Hampton Roads to Norfolk and Portsmouth, fifty cents per foot; from Hampton Roads to Sleepy Hole or Look Out, seventy-five cents per foot; from Hampton Roads to Pagan creek, sixty cents per foot; from Hampton Roads to James Town, or any place between Pagan creek and James Town, one dollar per foot; from Hampton Roads to City Point or Bermuda Hundred, or any place between James Town and City Point or Bermuda Hundred, two dollars per foot; from Hampton Roads to Turkey Island, two dollars and twelve and an half cents per foot; from Hampton Roads to Warwick, or any place between Turkey Island and Warwick, two dollars and eighty cents per foot; from Hampton Roads to Richmond, three dollars per foot: Provided, nevertheless, That nothing herein contained shall be so Vessels not comconstrued as to compel the master of any vessel as is above men- pilots, between tioned, after he shall have arrived at Bermuda Hundred, to employ what points. a pilot between Bermuda Hundred and Richmond. pelled to employ age on foreign ves 2. Be it further enacted, That all foreign vessels not placed by Additional pilottreaty with the government of the United States on the same footing sols. as the vessels mentioned in the foregoing section, shall pay onefourth in addition to the rates of pilotage therein prescribed. down rivers to 3. Be it further enacted, That the same rates of pilotage may be Rates of pilotage demanded for conducting a vessel from each of the places men- Hampton Roads. tioned in the first section of this act to Hampton Roads, as are demandable for conducting such vessel from Hampton Roads to the said places respectively. 4. Be it further enacted, That the rates of pilotage for ships of Rates for piloting war, whether American or foreign, shall be the same as for merchant "Acts 1830-31, ch. 43, p. 113. See 2 Rev. Code 1819, ch. 216, § 18 to 32; also ante. ch. 316, § 1, 2, and ch. 317, § 3. ships of war. |