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the pilotage as if one had been employed; which pilotage shall be paid to the pilot first speaking or offering his services as pilot to such vessel.

Any person not holding a license as pilot under this article, or under the laws of the State of New Jersey, who pilots or offers to pilot any vessel to or from the port of New York by the way of Sandy hook except such as are exempt, or any master or person on board a steam-tug or tow-boat, who tows such vessel without a licensed pilot on board, is guilty of a misdemeanor; and every person employing as pilot a person not holding a license under this article, or under the laws of the State of New Jersey, is liable to a penalty of one hundred dollars. But this section does 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.



§ 330. It is the duty of the commissioners to Complaints hear and examine all complaints made in writing and against any pilot licensed by them, or against any person connected with a boat of such pilot, for misbehavior, neglect of duty or breach of the regulations; and also all complaints made in like manner by any licensed pilot against any master, owner or seaman of a vessel, for misbehavior towards such pilot in the performance of his duty, or any breach of the regulations. Before proceeding on any complaint, and before any suspension for longer than


Power of

majority of board.

one month, and before any removal, such person or pilot shall be served with a written notice, signed by the secretary, to appear before the commissioners at a specified time and place, stating the nature and substance of the complaint, which notice shall be served, personally, at least five days before the time specified, and the commissioners, for just cause, shall adjourn the hearing from time to time. A certificate of such commissioners, or a majority of them, with proof of such service or notice, shall be presumptive evidence that the party upon whom the notice was served, and a fine or penalty thereupon imposed, is liable to pay the same.

§ 331. 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 determine is conferred by this article; and it is the duty of the commissioners to examine all material witnesses on oath, to be ad ministered by them. Each witness is entitled to the same compensation from the party requiring his attendance, and is subject to the same penalties and punishments for disobedience or for false swearing, as for the same acts in civil actions in courts of record.

§ 332. The decision of a majority of the commis sioners shall be conclusive upon all questions arising

under this article, except when otherwise provided.

duty of secretary

and clerks.

333. It is the duty of the secretary and his Further clerks, if any, when not employed under the provisions of this article, 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.

how recovered.

§ 334. Penalties incurred under this article, and Penalties fines and penalties imposed by the commissioners, may be recovered by them in the name of the commissioners.



SECTION 335. Hellgate pilots, how appointed.

336. Port-wardens to recommend.

337. Apprentices and deputy pilots.

338. Regulations to be made by board of wardens.

339. Charges against pilots.

340. Proceedings.

341. Deck boats.

342. Tariff of pilotage.

343. Pilots to have preference in certain cases.

344. Pilotage, by whom payable.

345. Others than pilots not to act as such.

346. Penalties.

347. Steamboats excepted.

The provisions of this article are taken from

1 R. S., 1063, 1064, 1065, 1066.

§ 335. Hellgate pilots are appointed by the Hollgate

governor, with the consent of the senate, upon


recommendation of the port-wardens of New York,

pilots, how appointed.

Portwardens to recommend.

Apprentices and deputy pilots.

Regulations to be made by board of wardens.

and hold office during good behavior. Their functions are the pilotage of vessels through the channel of the East river, known as Hellgate.

336. The port-wardens shall recommend from time to time to the governor, for appointment, among those who have served two years as deputy pilots, so many as they may deem necessary, and the governor shall nominate the same.

§ 337. Any person may serve an apprenticeship with any Hellgate pilot or deputy pilot. After serving as such three years next before attaining the age of twenty-one at least, and upon passing examination, they may be authorized by certificate of the board to serve as deputy pilots. All apprentices must be examined twice, during the last year of their apprenticeship, by the board and at least two of the Hellgate pilots, whose duty it is to attend and assist in the examinations whenever required by the portwardens. The indenture of every apprentice under this article must be filed in the office of the port wardens within ten days after its execution.

§ 338. The port-wardens have power to make, from time to time, regulations not inconsistent with the Constitution and laws of this state or of the United States, for the better government of the Hellgate pilots, with reasonable fines and penalties for violations thereof. Every such regulation must be entered at length upon their minutes, and they shall furnish a copy to each Hellgate pilot.


§ 339. The port-wardens have cognizance of all Charges charges made against any Hellgate pilot for official pilots. misconduct. No charges shall be received unless verified by the complainant's oath. Before proceeding thereon the port-wardens shall furnish the pilot with a copy thereof, which shall contain a full specification of the charges preferred, and with a notice of the time (not less than six days) and the place when they require him to appear before them

to answer.


§ 340. Upon the pilot appearing, it is the duty of Proceedthe port-wardens to take testimony, and to examine into the facts, and if after a full hearing of the case, and of competent proof tending to establish the charge, a majority of the port-wardens in office deem him guilty of official misconduct, they have power to suspend him. They must thereupon, within ten days transmit to the governor a full account of their proceedings, with a copy of the charges specified and of the testimony taken. The governor shall either remove the pilot from office, or annul or confirm his suspension, as to him seems just.

§ 341. It is the duty of the Hellgate pilots to keep Deck bon two or more good and sufficient deck boats, of not less than twenty tons burden, on the East river, and no more than seven pilots shall be interested in one deck boat, and no apprentice shall be taken by the pilot, but in those deck boats; and no other than a Hellgate pilot shall own any part of a boat engaged

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