Public printer to vessels of like draught, with fifty cents per foot additional for all 5. Be it further enacted, That the public printer shall furnish furnish copies of the board of examiners of pilots with one hundred and fifty copies of this act, to be distributed among the pilots of Elizabeth City and Norfolk. act to board of examiners. Commencement. Preamble. Harbour masters to be appointed by county courts of the borough and Norfolk. Oath of office. 6. This act shall commence and be in force from and after the first day of June next. CHAP. 323.-An ACT to amend an act, entitled, "an act to reduce into one (Passed March 3d, 1821.) Whereas it is represented that much grievance and inconvenience result from the act now in force, concerning harbour masters, and declaring their duties, as regards the port of Norfolk and Portsmouth; for remedy whereof, 1. Be it enacted by the general assembly, That the corporation or borough court of Norfolk, and the county court of Norfolk, shall be and they are hereby authorized and empowered, each to appoint two fit and proper persons to act as harbour masters within their respective jurisdictions; and the persons so to be appointed, shall, previous to their entering on the duties of the said office, take the following oath, or make affirmation before the said borough and county courts: 1 do swear (or affirm) that I am a citizen of the commonwealth of Virginia, and that I will well and truly perform the duty of harbour master to the best of my skill and judgment, without favor, affection or partiality. So help me Bond and security. God. And the said harbour masters shall furthermore, previous to entering on the duties of their office, enter into bond with good and sufficient security, in the penal sum of five hundred dollars, payable to the governor of this commonwealth, for the time being, and his successors, conditioned for the faithful performance of the Where such bond duties required by this act; which bond shall be lodged in the clerk's office of the said corporation and county courts; and upon an office copy, suit may be instituted by any person injured by a breach thereof. (a) shall be lodged. How suable. Power of harbour to mooring of vessels. to anchor. 2. The harbour masters to be appointed by virtue of this act, masters in relation shall have full and ampie power to cause all ships and other vessels that may come within the said port of Norfolk and Portsmouth, to moor in such places as they may judge most conducive to the general safety, not within fifty fathoms of any wharf; nor shall any vessel be permitted to ride at single anchor longer than one tide; Duty of masters and the masters of the said vessels shall immediately after coming of vessels coming to an anchor, or as soon after as may be, (so that the time does not exceed twenty-four hours,) rig in their jib-booms, sprit-sail yards, and all fore-and-aft spars, and have their lower and topsail-yards topped, so that the passage of other vessels and the navigation of the ferry Penalty for failure. shall not be obstructed. Any master or commander of any vessel refusing to observe and comply with the said directions, shall forfeit and pay the sum of fifty dollars to the commonwealth, for the use of the literary fund, and shall moreover be subject for any *Acts 1820-21, ch. 42, p. 41. Action for damages. (a) Altered from 2 Rev. Code 1819, ch. 217, § 1, p. 129. damages that may accrue in consequence of such refusal to obey the said harbour master's directions, to be recovered in the usual mode of recovering fines and forfeitures.(b). make room for 3. The said harbour masters shall have authority to remove from Harbour master any wharf vessels not employed, to make room for those that are authorized to employed in receiving or discharging cargo; and any person offend- vessels employed in receiving or dising against the said order, shall be liable to a fine of fifty dollars, charging cargo. and costs of suit, to be recovered as other fines and forfeitures. Penalty for disobeying his orders. And, whensoever any vessel shall be required to be removed, and Provision where no person or persons can be found on board for that purpose, the person master, owner or consignee of such vessel shall pay the expense of quired to be resuch removal, and be accountable for all the damages she may af terwards receive or do to others. no moved. boats, may be re Penalty for diso this respect. 4. The harbour masters shall likewise have power to remove Flats, &c. obfrom the county wharf, all flats, lighters, and boats, that may ob- structing ferry struct the passage of ferry boats. And if any owner or master of moved. a flat, lighter or boat, shall refuse to obey the order of the harbour boying orders in masters in this respect, every such owner or master, if a free man, shall forfeit and pay two dollars, recoverable by warrant before any justice of the peace, and applied as herein-before directed; and if a slave, shall receive such corporal punishment, as the justice, before whom he or she may be carried, shall award, not exceeding twenty lashes. (c) harbour masters. 5. It shall be the duty of the said harbour masters to keep a re- Register of vessels gister of the denomination, name and burthen of the vessel, the to be kept by master's name, the port to which the said vessel belongs, and the one last from, of all such as come properly within his or their observation, which register shall be subject to the inspection of any person who may apply for the same. And for all vessels that may Their fees. arrive and anchor in the said port of Norfolk and Portsmouth, above a point at which the flag-staff at fort Norfolk shall bear north east, if a square-rigged vessel, the said harbour master may demand for his fee the sum of two dollars; and if a fore-and-aft rigged vessel, sels not exceeding ting into port, on the sum of one dollar and twenty-five cents, and no more; and on How recoverable. the said master of the vessel refusing to pay the said fee, the said harbour master may proceed to recover the same by warrant, before a justice of the peace, with costs: Provided, nevertheless, That all Proviso, as to vesvessels sailing under a coasting license, if of the burthen of seven- 75 tons burthen, ty-five tons and under, shall be exempt from the payment of a har- sailing under coasting license. bour master's fee, unless where such vessel shall actually require his assistance; and in that case, unless wherein otherwise excepted, the same fee shall be paid as in the case of vessels over seventy-five tons burthen. (d) Nothing in this act contained, however, shall be And vessels putconstrued to apply to vessels which may put into the said port of homeward pas Norfolk and Portsmouth on their homeward passage from up the sage from up the bay or any of the rivers within this state, whatever may be their rigging or burthen; and all such vessels on their homeward passage, are hereby declared exempt from a harbour master's fee. In all Controversies becases, when a dispute shall arise between two masters of vessels, vessels, to be dorespecting any matter appertaining to their vessels, the harbour cided by the harmaster shall be called upon to decide the controversy; in which case His fee in such the one who may be found in error, shall pay the said harbour mas(b) Altered from 2 Rev. Code 1819, ch. 217, § 2. (c) Ibid. § 5. (d) Altered, post. ch. 324, § 2; again amended, post. ch. 326. bay, &c. tween masters of bour master. case. ter a fee of two dollars; and, on his refusing to make such pay. ment on the said harbour master's demanding the same, shall be proceeded against by warrant before a justice of the peace as in How recoverable. Other cases, and if cast, shall pay double the sum, with costs, one half of which shall go to the literary fund, and the other half to the said harbour master. Appointment of when. 6. The said harbour masters shall be appointed by the courts of harbour masters, Norfolk borough and Norfolk county, in the month preceding that in which this act shall go into operation, and shall hold their appointments during good behaviour. And in case of death, removal, or resignation, the court succeeding such an event, shall proceed to appoint a successor. Repealing clause. Saving. Commencement. Harbour master to superintend the Norfolk county dock. His powers. 7. All acts coming within the purview of this act, so far as respects the port of Norfolk and Portsmouth, shall be and are hereby repealed; but all fines and penalties incurred, or rights which have accrued, under such acts, shall be recovered, as if this act had not been passed. 8. This act shall commence and be in force from and after the first day of May next. CHAP. 324.—An ACT farther to amend the several laws concerning the appointment of harbour masters, and declaring their duties.* (Passed February 17th, 1823.) 1. Be it enacted by the general assembly, That one of the harto be designated, bour masters appointed by the court of Norfolk county, shall be designated by the said court to superintend the county dock in the borough of Norfolk, who shall have the authority to regulate the anchoring and mooring of all lighters, boats, and bay and river craft, which come within the said dock, or shall anchor at, or be secured to the county wharf; for which service, the said harbour master, shall receive from the master or skipper of such bay or river craft, the sum of twenty-five cents.(a) And compensation. What vessels shall be liable to pay it. Repealing clause. Commencement. Harbour master appointed by the county court of 2. Be it further enacted, That all vessels sailing under a coasting license, of the burthen of sixty tons, and upwards, shall be subject to pay the harbour master's fee as now established by law: Provided, That no packets or steam boats, shall be liable to the said fee.(b) 3. All acts and parts of acts, coming within the purview of this act, shall be, and the same are hereby repealed. 4. This act shall commence and be in force from and after the passage thereof. CHAP. 325.-An ACT to amend the act, entitled, "an act further to amend the several laws concerning the appointment of harbour masters, and declaring their duties."t (Passed January 27th, 1827.) 1. Be it enacted by the general assembly, That the harbour master appointed by the court of Norfolk county, and designated Norfolk to super- by the said court to superintend the county dock in the borough of intend entrance and departure of all lighters, &c. *Acts 1822-3, ch. 42, p. 46. (a) Altered from 2 Rev. Code 1819, ch. 217, § 9, p. 130. See ante. ch. 323. Authorized to regulate the entrance and departure of all lighters and boats, post. ch. 325. (b) Amended, post. ch. 326. Packets defined. See ante. ch. 324. Norfolk, by virtue, and in pursuance of the act of the general assembly, passed on the seventeenth day of February, in the year one thousand eight hundred and twenty-three, entitled, "an act further to amend the several laws concerning the appointment of harbour masters, and declaring their duties," shall have authority (in addition to the authority conferred by the said recited act,) to regulate the entrance of all lighters, however laden, and all boats laden with wood or fuel, which shall come into the said dock, or shall anchor at, and be secured thereat, and the departure thereof, so as to prevent confusion, disorder, or interruption to such entrance or departure, for which service the said harbour master shall be entitled to de- His compensation. mand and receive from the owner, master or skipper, or person hav ing charge or control of each lighter, boat, or craft, the sum of twelve and a half cents. 2. All acts and parts of acts, coming within the purview of this Repealing clause. act, shall be, and the same are hereby repealed. 3. This act shall commence and be in force from and after the Commencement. first day of April next. CHAP. 326.-An ACT to explain an act, entitled, "an act farther to amend the several laws concerning the appointment of harbour masters, and declaring their duties," passed February 17th, 1823.* (Passed January 17th, 1829.) Whereas, it being represented to the general assembly, that much Preamble. difficulty has resulted from a want of a proper understanding of what shall, or what shall not be considered a "packet," under the said law: 1. Be it enacted, That all vessels regularly trading between the Definition of a port of Norfolk and other ports, at well known and short intervals packet. of time, whose primary object it is to accommodate and convey passengers from and to the said port of Norfolk, shall be regarded as packets in contemplation of said law, and none other: Provided, What vessels subThat no vessels sailing under a coasting license, of less burthen harbour masters. than seventy-five tons, nor any vessel engaged in the Dismal Swamp canal trade, shall hereafter be subject to the fees of harbour mas ters in the port of Norfolk. 2. This act shall be in force from and after the passage thereof. Commencement. CHAP. 327.-An ACT to amend the act, entitled, "an act reducing into one the several acts for unlading ballast, and burial of dead bodies from on board ships, and prohibiting the putting sick or disabled seamen or servants on shore without providing for their maintenance."t (Passed April 7th, 1831.) 1. Be it enacted by the general assembly, That whenever any Regulations for discharging ballast ship or vessel may have ballast on board between ports where there from ships or vesis no ballast master, and it shall be the intention of the master or sels. chief officer of such ship or vessel to cause the same to be discharged for the purpose of taking in a cargo, it shall and may be lawful for him to give notice in writing to some justice of the peace, and if no justice of the peace shall reside at or near the place where such vessel is to load, then to some discreet freeholder, of the time he proposes to land the same, who being first duly sworn, shall perform all the duties now required by law of ballast masters, and shall *Acts 1828-9, ch. 65, p. 43. See ante. ch. 323, § 5, and ch. 324. See 2 Rev. Code 1819, ch. 245, pp. 298, 301. Certificate to be freeholder. be entitled to receive the same compensation therefor, and the cergiven by justice or tificate of such justice of the peace or freeholder, that the ballast has been duly unladen from on board such ship or vessel, shall have the same force and effect as if the same had been given by a ballast master. Penalty for failing to produce certifi ter. 2. Be it further enacted, That if any master or chief officer of cate when requir- any ship or vessel, from on board which ballast shall have been uned by ballast mas- laden, shall fail or refuse to produce the certificate of the ballast master or other person superintending the delivery thereof, that the same has been unladen according to law, when required so to do by any ballast master, justice of the peace, sheriff, constable or alderman of the district, county or town adjacent to which the said ship or vessel may ride, who are hereby authorized to require the production thereof, he shall for every such failure or refusal forfeit and pay the sum of thirty dollars, recoverable by action of debt, bill, plaint or information before any court of record within this commonwealth, to be prosecuted at the suit of the commonwealth for the benefit of the literary fund, or of any informer, and where prosecuted by an informer, one half of any penalty or penalties recovered on such prosecution, shall be to the use of the informer, and the other half, or where there shall be no informer, the whole penalty to the commonwealth for the benefit of the literary fund. Commencement. Preamble. 3. This act shall be in force from and after the passing thereof. CHAP. 328.-An ACT concerning the inspection of tobacco, and for other purposes.* (Passed February 22d, 1822.) Whereas it is represented to the general assembly, that the size of hogsheads in which tobacco is packed, as limited and fixed by the thirtieth section of the act, entitled, an act to reduce into one the several acts now in force concerning the inspection of tobacco," passed the sixth day of March, one thousand eight hundred and nineteen, is inconvenient to the planter, and that the act, entitled, "an act to amend the act to reduce into one the several acts concerning the inspection of tobacco," passed the third day of * Acts 1821-2, ch. 20, p. 22. In 1819-20, acts, p. 93, the inspection at Cabell's warehouse was revived; and the salary of the inspectors at Randolph's warehouse increased. Salaries allowed inspectors at Farmville, acts 1820-21, p. 109; and at Wimbish's and Anderson's warehouses, in Halifax, ibid. p. 110. Inspections revived at York-town, ibid. Inspections continued at Blackwater warehouse, near Lynchburg, acts 1822-3, p. 92; Cox's warehouse established in Buckingham, ibid.; Davis's in Wood county, ibid. p. 93. Inspection at Brookneal, in Campbell, revived, ibid., and in Buchanan, in Botetourt, ibid. p. 97. Inspection at Union warehouse, abolished, ibid. Bolingbrook warehouse, in Petersburg, discontinued, acts 1824-5, p. 86. Tobacco stored in additional building attached to Shockoe warehouse, in Richmond, placed upon footing of tobacco in other public warehouses, acts 1826-7, p. 111. Inspection at Brookneal again revived, 1827-8, p. 97. Lots and buildings annexed to Shocke warehouse, in Richmond, acts 1828-9, p. 128. Inspection at Blackwater warehouse revived, acts 1829-30, p. 111; Union warehouse, in Lynchburg, established, ibid. p. 112. Inspection established at Scottsville, ibid.; at Tappahannock, ibid. p. 113. Permission granted John B. Roy to occupy tenement in warehouse at Norfolk, ibid. p. 114. Inspection at Spring warehouse in Lynchburg, revived, acts 1830-31, p. 280. Salaries of inspectors at Union warehouse in Lynchburg, ibid. Tappahannock warehouse, revived, ibid. Anderson's and Wimbish's again revived, ibid. 281; Byrd's revived. Additional commissioners for examining warehouse in Scottsville, ibid. p. 262. Inspection at Clarksville, revived, acts 1831-2, p. 268. AH these several acts being local, and inserted among the private acts of the different sessions, are omitted. |