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7. For every day of detention in the harbor of an outward-bound vessel, after the services of a pilot have been required and given, unless such detention is caused by adverse weather; and for every day of detention of an inward-bound vessel, by ice, longer than two days for passage from sea to wharf, three dollars shall be added to the pilotage, and if any pilot is detained at quarantine, or elsewhere, by the health officer, for being or having been on board a sickly vessel as pilot, he shall be paid all necessary expenses of living and three dollars for each day of such detention ;

8. A pilot who is carried to sea, when a boat is attending to receive him, shall receive at the rate of one hundred dollars a month during his necessary absence;

9. The board shall prescribe and promulgate in their regulations the rates for any intermediate distances and other services which do not fall within the foregoing provisions.

Fractional and uneven sums in the fees prescribed by subdivisions 1 and 2 we have slightly modified from the statute, to reduce them to even sums. Thus, seventy cents was sixty-nine; thirty cents was thirty-one and a quarter, &c.

§ 327. The master of each vessel shall give an account to the pilot, when boarding, of the draught of the vessel; and in case the draught given is less than the actual draught, he is liable to a penalty of twenty-five dollars.

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328. The master, owner, consignee or agent, entering or clearing a vessel at the port of New York, are jointly and severally liable for all charges of a pilot for services and expenses respecting the vessel, pursuant to this article.

§ 329. No master of a vessel, under three hundred' tons burden, belonging to a citizen of the United States, and licensed and employed in the coasting trade by the way of Sandy hook, shall be required to employ a licensed pilot; but in case the services of a pilot shall have been given, the pilot shall be entitled to the rates established. If the master of any vessel above three hundred tons burden, and owned by a citizen of the United States, and sailing under a coasting license to or from the port of New York by the way of Sandy hook, is desirous of piloting his own vessel, he must first obtain a license for the purpose from the commissioners who must grant it, if, upon an examination pursuant to section 323, he is found competent. Such license shall continue in force one year from its date, or until the termination of any voyage during which the year expires. For such license, the master to whom it is granted shall pay to the board four cents per ton. All masters of foreign vessels and vessels from a foreign port, and all vessels sailing under register, bound to or from the port of New York by the way of Sandy hook, shall take a licensed pilot, or, in case of refusal to take such pilot, shall themselves, owners or consignees, pay

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.

against

pilots

others.

§ 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

Witnesses.

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 commis-
sioners 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 there-
upon 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 administered 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.

ARTICLE VI.

HELLGATE PILOTS.

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.

314. 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 Hellgate

governor, with the consent of the senate, upon the recommendation of the port-wardens of New York,

pilots, how appointed.

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