aminers to be Governor. 26. [SEC. 2711.] The Governor shall renew the Board of Exam- Board of Exiners, and they shall be continued in office at his discretion and renewed by removable at pleasure, the said Board of Examiners being subject Continued in to all the penalties, and possessed of all privileges enumerated in discretion of that portion of this act relative to Pilots. RELATIVE TO PILOTS FOR THE ATCHAFALAYA BAY AND RIVER. office at the the Governor. 1858–69. Branch Pilots to be appointed by the Gov ernor. 27. [SEC. 2712.] It shall be the duty of the Governor of the State of Louisiana to appoint for the Atchafalaya bay and river such number of Branch Pilots as the interests of commerce may demand, and from time to time to increase the same, should an increase be deemed important by him; provided, that no person shall be appointed until he shall have been examined by the Board competency to of Examiners of said Pilots, and shall exhibit to the Governor a by them. certificate of competency signed by a majority of said Board. Certificate of be furnished ing as Pilot in 28. [SEC. 2713.] Any person or persons, not appointed as a Branch Pilot under the provisions of this act, who shall pilot any Penalty for actship or vessel, when a Branch Pilot offers his services, shall pay to certain cases. said Branch Pilot a fine of thirty dollars for each and every offense, and in default of such payment, such person or persons shall be imprisoned in the parish prison of the parish of St. Mary not less than ten days, nor more than thirty days, and the fine of thirty dollars hereby inflicted shall be and remain as a judgment against the person or persons so offending, until full and final payment, recoverable before any court of competent jurisdiction in the parish of St. Mary. Right of Pilot who pilots a vessel from sea to pilot her 29. [SEC. 2714.] Any Pilot, piloting any vessel safe from sea, shall have the exclusive right to pilot such vessel outward; provided, he shall be in readiness, and offer his services before said vessel gets below Deer Island, on the Atchafalaya river; and the outward. captain or owner of any such vessel refusing to employ such Pilot, as aforesaid, shall pay to the said Pilot the same rate of pilotage as though said Pilot had piloted said vessel outward. Power of Gov 30. [SEC. 2715.] The Governor may, in his discretion, suspend ernor to remove or remove any Branch Pilot of said station. or suspend Pilots. this act, where 31. [SEC. 2716.] All the provisions of this act shall be enforced Provisions of before any court within the parish of St. Mary, having competent enforced. jurisdiction of the subject matter. Atchafalaya 32. [SEC. 2717.] Every Branch Pilot for the Atchafalaya bay 1865–162. and river shall be the owner or part owner of at least one decked Pilots for the pilot boat, of not less than thirty tons' burden, and shall keep her river to be exclusively employed as a pilot boat. The violation of this section shall subject the offender to a penalty of fifty dollars for each offense. Violation. owners of boats 33. [SEC. 2718.] It shall be the duty of the Pilots to pilot, when Rates of pilot required, all inward bound vessels from outside of what is commonly age for Atchafalaya. called "the Point of the Main Reef" to the mouth of the Atchafalaya river, and all outward bound vessels from the mouth of said river to the outside of said reef; and the Pilots shall be entitled to demand and receive four dollars and fifty cents per foot that any vessel may draw, under ten feet of water. All vessels refusing a pilot, other than those within the State of Louisiana, shall pay half pilotage both inward and outward bound; provided, they shall be spoken by a Branch Pilot, when inward bound, outside of the reef, and all outward bound vessels between Berwick's Bay and the mouth of the Atchafalaya river. 1856-168. Manner in which ballast shall be dis charged from certain vessels. Penalty for violating foregoing provisions. Branch Pilots each to be Bal last Masters. Their duties. TO PREVENT OBSTRUCTIONS TO THE NAVIGATION OF THE ATCHAFALAYA BAY 34. [SEC. 2719.] Each and every vessel arriving in the Atchafalaya bay in less than five fathoms of water, having ballast on board, the master or commander of such vessel shall not discharge any portion of said ballast into said bay, nor into water near said bay having a depth of less than five fathoms, and said masters or commanders shall be compelled to discharge the ballast of such vessels at such place or places as shall be designated to them, by the persons who shall hereinafter be appointed to superintend the discharging of the ballast from on board all vessels that may come into the waters of said bay; and any master, captain or owner of any vessel who shall violate the foregoing provisions, as to the manner of discharging ballast, shall be punished by a fine not exceeding five hundred dollars and not less than two hundred dollars. 35. [SEC. 2720.1 Each of the Branch Pilots of the Atchafalaya bay and river, and his successors in office, shall be ex officio a ballast master, whose duty it shall be to carry into effect the provisions of this act, in relation to the discharging of ballast in the waters of said bay and river; and should either of said Pilots refuse or neglect to perform the services imposed on him by the provisions of this act, he may be prosecuted every time he may so offend, as for a Penalty for neg misdemeanor, and shall be punished by a fine not exceeding two lect of duty. hundred and not less than one hundred dollars. Branch Pilots to determine the place where may 36. [SEC. 2721.] All of the Branch Pilots, or a majority of them, shall determine upon a suitable place or places, where all vessels which hereafter receive their cargoes or a part of them in said vessels must re- bay, shall be required to discharge their ballast, and said Pilots shall mark out by stakes the place or places which they may select for such purpose. ceive cargo and discharge ballast. 37. [SEC. 2722.] Hereafter every sailing vessel coming in from sea to said bay, for the purpose of receiving her cargo or part of it Duties of Pilots in said bay, shall take one of said Pilots on board, when he offers his services outside of the reefs; it shall be the duty of said Pilot to examine whether said vessel has any ballast on board of her, and when ballast shall be found in said vessel, she shall be conducted by said Pilot to the place selected for the discharging of ballast, where the captain or master of said vessel must discharge his ballast, but if such vessel has no ballast on board, she shall be conducted by said Pilot to the usual anchorage, and for the performance of said services of piloting and as ballast master, said Pilot shall be paid, by Compensation the captain or master of said vessel, a compensation of two dollars per foot for every foot such vessel may draw at the time when she was boarded by said Pilot. of Pilots. to be dis 38. [SEC. 2723.] All vessels which may hereafter come into said bay with the intention, and do actually go into the Atchafalaya river, Ballast, where shall not be required to discharge their ballast in said bay, but must charged." discharge their ballast on the banks of said river, or on the banks of some of the bayous connected with said river; but should any of the captains or masters of such vessels, in contravention of the provisions of this act, discharge the ballast of such vessels in the bed of said river, or in the waters of said bay, having a depth of less than Penalty. five fathoms, such captain or master shall be fined in a sum not more than five hundred nor less than two hundred dollars. lating the provisions of this act. 39. [SEC. 2724.] Whenever any person shall make complaint under oath to any Justice of the Peace, that the captain, master or Legal proceedings against owner of any vessel, or that some one of said Pilots has violated any persons vioof the provisions of this act relative to Pilots, which are declared to be punishable by fine, it shall be the duty of said Justice of the Peace to cause the person, thus complained of, to be brought before him by legal process, and should the officer be satisfied, from the evidence, that there is a probable cause of said complaint, said Justice of the Peace shall take a bond, with good security, from said accused person, in the sum of six hundred dollars, for his appearance at the next regular term of the District Court of the parish where the offense may be committed, and should said accused party refuse or neglect, or fail, from any cause whatsoever, to give such a bond, then it shall be the duty of said Justice of the Peace to commit said accused to the parish prison, to be detained therein until discharged by due course of law. 40. [SEC. 2725.] All fines and forfeitures arising from the admin istration of the penal clauses of this act, so far as it relates to Pilots, Fines, how dis after deducting the fees of District Attorney, be paid into the treas- posed of. ury of the parish where the offense may be committed, for the use and benefit of said parish. Returns, how to be preserved... Relinquishment by the State. 51 Failure to pay over parish taxes.... 67 71 73 74 53 Expenses of post mortem examina- 75 54 Expenses of inquest, how paid..... 76 Laws and ordinances to be adopted. 55 Fees of officers acting under the Beneficiary cadets to Louisiana State Appeals in which the Police Jury is 60 Safe keeping of the offender.... 78 78 ...... Until what time certain ordinances 61 due by Police Juries or corporations... 62 Police Juries to regulate the police ORGANIZATION. 1. [SEC. 2726.] The Police Juries of the several parishes of this State (the parishes of Orleans and Jefferson excepted), shall have the 1847-116-1. power, by consent of a majority of all the members composing each Police Jury Police Jury, to establish Police Jury wards, and to change the boundaries of those now existing in their respective parishes. wards. |