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Act of January 27, 1825, Ses. Acts 1824-5, ch. 33. Sup. R. C. ch. 320.

the same power and authority to administer oaths, and issue summons, as is now vested in justices of the peace.

Act of February 10, 1819-January 1, 1820. R. C. c. 216.

18. § 16. If any pilot or his apprentice, who may be authorized as this act requires, shall negligently or by misconduct, lose any vessel in his charge, and such negligence or misconduct be satisfactorily proved before the examiners, such pilot shall be suspended for a time not exceeding six months; and, moreover, shall be liable to the party injured for all damages occasioned by such negligence or misconduct.

19. § 17. The pilot who first meets a vessel coming into this commonwealth, shall enquire into the health of her crew, and the place from which she last came, and if she came from any place from whence vessels coming are required to perform a quarantine, he shall immediately direct her to follow his vessel, strictly attending to her, and conducting her to the nearest place for vessels to perform quarantine; and such pilot shall, as soon after as possible, give notice to the superintendent of quarantine, at the port nearest such place, if there be one, of the arrival of such vessel, for which extra trouble the pilot shall be allowed seven dollars, to be paid by the master or owner of such vessel; and if any pilot conducting such vessel shall fail to give notice to the superintendent as aforesaid, he shall, upon complaint and due proof of such failure, be suspended by the examiners for a term not exceeding two months; and if any pilot shall be decoyed on board any vessel in which there is a contagious disease, and be thereby obliged to remain on board and perform quarantine, such pilot shall be allowed and paid by the master or owner thereof, three dollars for every day he shall be so detained. And, to the end that all pilots may be properly informed, when vessels coming into this state from any place shall be bound to perform quarantine, the governor of this commonwealth for the time being is hereby required, whenever he shall issue a proclamation to that effect, to transmit to the superintendent of quarantine so many copies thereof, as he may think proper; and the superintendent shall forthwith cause to be delivered to each pilot a copy of such proclamation.

20. § 27. And if any pilot, not being hindered by sickness or other lawful cause, shall refuse, when requested by the master of any vessel, to go on board and conduct her, such pilot shall, upon complaint and satisfactory evidence before the board of examiners, be suspended for such time as they shall think fit; and if any injury shall arise to the master in consequence of such refusal, such pilot shall be answerable to him for all damages, to be recovered by action in any court of record within this commonwealth.

21. 14. It shall be lawful for any pilot belonging to this commonwealth, who first meets a vessel coming from sea, to take charge of and conduct her into Hampton Roads, York river or Mobjack bay, and to receive the fees allowed by law for piloting vessels to the aforesaid places; from whence any pilot, having a branch which will authorize him to conduct her to the port to which she is destined, may and shall take charge of such vessel.

Act of February 26, 1821, Ses. Acts 1820-21, ch. 41. Sup. R. C. ch. 317.

22. § 2. Hereafter every master of a merchant vessel coming from sea, shall be obliged to receive the first pilot who offers, cruising or standing out to sea, so as to bring Cape Henry to bear west of south; and no master of a merchant vessel coming from sea, after arriving within the aforesaid line shall be compelled to take a pilot.

Act of March 23-May 1, 1836, Ses. Acts 1835-6, ch. 90.

23. § 4. Every master of a vessel, sailing under a coasting license, and of the burden of seventy tons, shall be compelled to take the first pilot who offers to the east of Cape Henry, to conduct his vessel; and in case of refusal on the part of the said master to take such pilot, he shall be compelled to pay half pilotage to the first port to which such vessel is bound.

24. § 1. Every registered 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, if the vessel be boarded by such pilot twenty miles to the east of Cape Henry, one dollar and fifty cents per foot; if forty or more miles to the east of Cape Henry, twenty-five cents per foot in addition to the above rates; if less than twenty miles to the east of the Capes, one dollar and twenty-five cents per foot; from Hampton Roads to sea, one dollar per foot; from Hampton Roads to Norfolk and Portsmouth, eighty-eight cents per foot; from Hampton Roads to Sleepy Hole or Look Out, one dollar and three cents per foot; from Hampton Roads to Pagan creek, eighty-eight cents per foot; from Hampton Roads to Jamestown, or any place between Pagan creek and Jamestown, one dollar and ninety-four cents per foot; from Hampton Roads to City Point or Bermuda Hundred, or any place between Jamestown and City Point or Bermuda Hundred, two dollars and eighty-seven cents per foot; from Hampton Roads to Turkey Island, three dollars and forty-eight cents per foot; from Hampton Roads to Warwick, or any place between Turkey Island and Warwick, four dollars and thirty-four cents per foot; from Hampton Roads to Richmond, or any place between Richmond and Warwick, four dollars and sixty-three cents per foot.

25. 2. The same rates of pilotage shall be demanded for conducting a vessel from each of the places mentioned in the foregoing section, to Hampton Roads, as are demandable for conducting such vessel from Hampton Roads to the said places respectively.

26. § 3. All foreign vessels not placed by treaty with the government of the United States, on the same footing as vessels of the United States, shall pay one fourth in addition to the rates of piloting therein prescribed.

27. § 8. The rates of pilotage for vessels of war shall be as follows, to wit: From sea to Hampton Roads two dollars and seventy-five cents per foot; from Hampton Roads to sea, two dollars and seventy-five cents per foot; from Hampton Roads to Norfolk or Portsmouth, one dollar and twenty-five cents per foot; and from Norfolk or Portsmouth to Hampton Roads, one dollar and twentyfive cents per foot; and for every day a pilot shall be detained on board a vessel of war, three dollars.

Act of February 10, 1819-January 1, 1820. R. C. ch. 216.

28. 18. The rates of pilotage on American vessels shall hereafter be as follows, to wit: On York river, coming from sea to Yorktown, twelve dollars; from Yorktown to sea, seven dollars and fifty cents; from Back river or Egg Island to Yorktown, six dollars; from Yorktown to West Point, one dollar and thirty-three cents per foot; to Cumberland, one dollar and sixty-three cents per foot; to the highest landing on Pamunkey river, two dollars and seven cents per foot; to Shepard's, one dollar and forty-seven cents per foot; to Meredith's, Moor's, or the highest landing on Mattapony, one dollar and ninetyseven cents per foot; from Cape Henry to any river on Mobjack bay, twelve dollars; and from Mobjack bay to sea, seven dollars and fifty cents; from the Capes to Urbanna, fifteen dollars; and from Urbanna to sea, twelve dollars; from Urbanna to Tappahannock, one dollar and forty cents per foot; to Nay

Act of February 10, 1819-January 1, 1820. R. C. ch. 216.

lor's Hole, one dollar and thirty-eight cents per foot; to Leed's or Micou's, two dollars and thirteen cents per foot; to Port Royal, two dollars and ninetyseven cents per foot; to Fredericksburg, three dollars and seventy cents per foot; from sea to Pianketank, fifteen dollars; and from Pianketank to sea, twelve dollars.

29. § 19. The rates of pilotage from Cape Henry up the Potomac river as high as the Eastern Branch, shall be as follows: From the Cape to Smith's Point on South Potomac, coming from sea, twenty-five dollars; and for going out, twenty dollars and eighty-three cents; from Smith's Point to Coan or Yeocomico, seventy-four cents per foot; to Machodack, eighty-four cents per foot; to Upper Machodack, one dollar and twelve cents per foot; to Nangomy, one dollar and thirty-seven cents per foot; to Boyd's Hole, one dollar and forty-seven cents per foot; to Quantico, one dollar and fifty-eight cents per foot; to Occoquan, one dollar and seventy-eight cents per foot; to Piscattaway, two dollars and ten cents per foot; to Alexandria, two dollars and forty-eight cents per foot; and to the Eastern Branch, two dollars and sixty-two cents per foot; and the pilots shall and may demand the same rates for each foot back from the aforesaid places.

30. 20. The pilots shall be, and they are hereby entitled, to demand and receive from foreign vessels one fourth in addition to the foregoing rates: Provided, That coasting vessels shall not be obliged to take a pilot except as hereinafter excepted. Every pilot taking charge of a ship of war, shall be entitled to receive in lieu of pilotage allowed by this act, the following prices: For ships of war from Cape Henry to Yorktown, for ships above fifty guns, twenty-four dollars; ships under fifty guns and above twenty guns, eighteen dollars; from Cape Henry to any river on Mobjack bay, twenty-five dollars; from the Cape to Smith's Point on South Potomac, forty-five dollars; and the same prices back.

31. § 31. It shall be the duty of every master of a coasting vessel, sailing under coasting license, and wanting a pilot to conduct his vessel into any port within this commonwealth, to signify the same by hoisting a signal at his foremast or foretopmast head, as the case may be; whereupon it shall be the duty of any pilot, acting under the authority of this commonwealth, to repair to such vessel and take charge of her as a pilot.

32. 32. The following and no greater prices shall be taken or demanded for pilotage of such coasting vessels, that is to say: On York river, coming from sea, from the Capes or Lynhaven bay to Yorktown, ten dollars, and for going to sea, six dollars and sixty-seven cents; from Back river or Egg Island to Yorktown, five dollars; from Yorktown to West Point, eighty-one cents per foot; to Cumberland, one dollar per foot; to the highest landings on Pamunkey river, one dollar and twenty-five cents per foot; to Shepherd's, ninetytwo cents per foot; to Meredith's, Moore's, or the highest landings on Mattapony, one dollar and nineteen cents per foot; from Cape Henry to any river on Mobjack bay, ten dollars; from the Cape to Urbanna, thirteen dollars and thirty-three cents; and for going from Urbanna to sea, ten dollars; from Urbanna to Tappahannock, eighty-three cents per foot; to Naylor's Hole, eightyone cents per foot; to Leed's or Micou's, one dollar and twenty-nine cents per foot; to Port Royal, one dollar and eighty-three cents per foot; to Fredericksburg, two dollars and twenty-nine cents per foot; from Cape Henry to Pianketank, thirteen dollars and thirty-three cents; from Cape Henry to Smith's Point on South Potomac, coming from sea, twenty dollars, and for going out, sixteen dollars and sixty-seven cents; from Smith's Point to Coan or Yeocomico, fifty cents per foot; to Machodack, fifty-eight cents per foot; to Upper Machodack, eighty-one cents per foot; to Nangomy, one dollar per foot; to

Act of February 10, 1819—January 1, 1820. R. C. ch. 216.

Boyd's Hole, one dollar and eight cents per foot; to Quantico, one dollar and twenty-one cents per foot; to Occoquan, one dollar and twenty-nine cents per foot; to Piscattaway, one dollar and fifty-eight cents per foot; to Alexandria, one dollar and eighty-nine cents per foot; to Eastern Branch, two dollars per foot; and the same fees by the foot back again from the places aforesaid to the Capes.

Act of March 29, 1837, Ses. Acts 1836-7, c. 77.

33. 1. Every vessel sailing under a coasting license, of the burthen of seventy tons or more, bound up James river, shall be compelled to take the first pilot that may offer his services (Cape Henry bearing west of south,) to conduct such vessel to her port of destination. It shall be lawful for the captain of such vessel to discharge such pilot in Hampton Roads, by paying the pilot that conducted him to said Roads two dollars per foot. If the captain of such vessel should take the pilot to his port of destination, he shall then pay the fees imposed upon registered vessels by the act passed the twenty-third day of March, eighteen hundred and thirty-six, [see No. 24,] but if in case such captain should refuse to take a pilot when spoken, he shall pay to such pilot or his agent the sum of ten dollars; and it shall be lawful for the pilots to appoint an agent in the city of Richmond to collect their fees and pilotage.

34. § 2. If any captain or master shall refuse or fail to pay to the agent, within three days after demand made, the amount which may be due to any pilot, he shall be bound to pay the further sum of five dollars; which sums may be recovered by warrant before a magistrate of any county or corporation in which the defendant may be found. And if the captain or master of any vessel shall conceal or obscure the name thereof, and shall refuse to disclose the same when spoken by a pilot, he shall forfeit and pay to the pilot the further sum of five dollars, to be recovered as above stated.

Act of March 23, 1836, Ses. Acts 1835-6, c. 90.

35. 6. Pilots may appoint an agent in the city of Richmond and borough of Norfolk, state their accounts and prove the same before any justice of the peace or alderman of said city or borough, and lodge the same with such agent for collection, who is hereby authorized to collect and receive the money on the same, for which he shall account to such pilot or pilots, as in other cases of money had and received, for the use of the party claiming the same.

36. § 5. Any master of a vessel who shall give a pilot notice to attend his vessel, and the pilot shall attend accordingly, such pilot shall receive one dollar and seventy-five cents for every day he shall be detained: [Provided, That the same shall not extend to vessels falling down into Hampton Roads and not intending immediately to proceed to sea, in which case the master may discharge the pilot. Act of Feb. 10, 1819-Jan. 1, 1820; R. C. c. 216.]

37. § 9. No master of a vessel shall be required to take the pilot who may have conducted his vessel from sea to conduct his vessel from her port of entry or other place of departure to sea.

38. 10. If any person, although he may have received a branch according to the provisions of [the act of 1819] shall undertake to conduct any vessel required by law to take a pilot, from sea to any of the places mentioned in the first section of this act, [ante, No. 24,] or thence to sea, unless he shall be attached to some lawful pilot boat, and shall actually cruise therein, he shall forfeit and pay the sum of one hundred and fifty dollars for every such offence, which may be recovered by action of debt, in any court of record in this commonwealth, by any person who shall sue for the same, in which action, the

Act of March 23, 1836, Ses. Acts 1835-6, ch. 90.

person so offending may be held to bail; and if any person who shall not have obtained such branch shall undertake to conduct any vessel, required by law to take a pilot, from sea to any of the places mentioned in the first section of the act as aforesaid, or thence to sea, he shall forfeit and pay the sum of two hundred dollars for every such offence, which may be recovered by action of debt as aforesaid, in which action bail may be demanded: Provided, That nothing herein contained shall be so construed as to prevent any person from assisting a vessel in distress, if he shall deliver up such vessel to any lawful pilot who may offer to conduct her; for which assistance so rendered, the person so assisting shall and may demand and receive from the said pilot half the fees allowed for pilotage by this act.

Act of February 26, 1821, Ses. Acts 1820-21, ch. 41. Sup. R. C. ch. 317.

39. § 5. It shall be lawful for any pilot of the state of Maryland, or any other pilot who may fall in with a vessel in distress, having Cape Henry in view, and no Virginia pilot appearing, to conduct the said vessel into Hampton Roads, and he shall be entitled to receive therefor full pilotage as established by the act herein before recited [of 10th of February, 1819]. See ante, No. 38, proviso.

Act of February 15, 1820, Ses. Acts 1819-20, ch. 24. Sup. R. C. ch. 316.

40. § 4. If hereafter, any pilot within this commonwealth shall conduct any vessel to or from sea, and shall demand or receive therefor less than the fees prescribed by law for such pilotage, such pilot shall, in every such case, forfeit and pay to any person prosecuting for the same, the full amount of pilotage fees, recoverable by warrant before any justice of the peace, where the forfeiture does not exceed the sum of twenty dollars, and by motion before any court of record having jurisdiction, where such amount exceeds twenty dollars; ten days previous notice of such motion being given; one moiety of such forfeiture to go to the person recovering the same, and the other to the examiners of such pilot. And the said pilot shall moreover be thereafter suspended from acting as a pilot for a term not exceeding six months, which suspension shall be published in some newspaper printed in the borough of Norfolk, at the proper costs and charges of the pilot so suspended. And if such pilot shall, during the period of his suspension, be found on board of any vessel for the purpose of acting as a pilot, he may be dismissed therefrom by any other pilot legally authorized to take charge of the same; and all the fees accruing for the pilotage of such vessel may be demanded by, and shall be paid to, the pilot so superseding the one suspended, by the captain or master of such vessel.

Act of February 10, 1819-January 1, 1820. R. C. ch. 216.

41. § 23. Every master of a vessel carrying a pilot to sea, shall pay to such pilot the same wages as the mate of such vessel receives.

42. 24. Every pilot, who shall attend any vessel with his boat at the request of the master or owner, shall be allowed and paid seven dollars per day for such attendance.

43. § 25. The fees allowed by this act for piloting a vessel into this commonwealth, shall only be paid when a pilot has boarded a vessel without the Capes of Virginia, or opposite to them: if the vessel be boarded by a pilot within the Capes, he shall be entitled to demand only half of the fees before specified into Hampton Road.

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