Rates of Pilotage from November 1st to April 1st.

(FOUR DOLLARS ADDITIONAL.)

Transportation North to East River, and vice versa.

Pilotage from Quarantine, one quarter of the Inward Pilotage, exclusive

of Off Shore.

Hauling to or from wharf, three dollars.

Detention three dollars per day.

PILOTAGE ACT OF MASSACHUSETTS.

AN ACT CONCERNING PILOTAGE.1

Be it enacted, &c., as follows: —

SECTION 1. All persons holding commissions as pilots in this Commonwealth shall continue to hold the same until the same are revoked, or the authority to act under the same is suspended, as provided herein.

SEC. 2. The regulations concerning pilotage now in force, being the provisions contained in the schedule hereto annexed except so far as the same are hereby modified or changed, shall remain in force until the same are altered, amended, or annulled pursuant to the provisions of this act.

SEC. 3. The governor with the advice and consent of the council is authorized to appoint and commission two persons to execute the office of commissioners of pilots for the harbor of Boston who shall hold their office during the term of three years unless sooner removed by the governor and council: Provided, always, that the said persons shall first be recommended by the trustees of the Boston Marine Society, and that no such commissioner shall at the same time be one of said trustees; but they shall be persons of experience in maritime and nautical affairs. And if the said trustees shall refuse, decline, or be unable to make the recommendation above provided for, the governor and council shall appoint the said commissioners without such recommendation.

SEC. 4. The said commissioners shall grant commissions for pilots in the harbor of Boston to such persons as they shall deem competent to receive them, and who have been approved by the trustees of the Boston Marine Society. They may, upon satisfactory evidence of misconduct, carelessness, or neglect of duty, suspend, until the meeting of the trustees then next ensuing, any pilot who now holds or may hereafter hold a commission as pilot for the harbor of Boston; and if the said trustees at their said next meeting shall decide that such commission ought to be revoked, the said commissioners may revoke the same, or may at their discretion continue the suspension of such pilot until the next stated meeting of said trustees and no longer for the same offence. They shall see that the laws and regulations for pilotage within the harbor of Boston are duly observed and executed. They shall receive and hear complaints by and against pilots for the harbor of Boston and examine into and decide the same;and generally they shall exercise within the harbor of Boston the same jurisdiction and have the same powers as are now exercised by the commissioners of pilots, except so far as the same are limited by the provisions of this act.

1 Act of 1862, c. 176.

SEC. 5. There shall be appointed by the said commissioners a secretary, whose duty it shall be to keep an office and be in attendance during the day to receive all complaints of and against pilots for the harbor of Boston, and all notifications to the same; and said secretary shall keep a fair record of the doings of said office, to be open at all times for examination and inspection.

SEC. 6. Once in every three months each pilot for the port of Boston shall render to the said commissioners an accurate account of all vessels piloted by him, and of all moneys received by him, or by any person for him, for pilotage, and he shall pay said commissioners three per cent on the amount thereof; and the said pilots shall add three1 per cent to the rates established by law at the time of rendering pilot service, and may collect the same as they are authorized to collect pilotage fees; and if any pilot shall make a false return of moneys received, he shall pay a sum not exceeding fifty dollars; and from the sums so collected and paid into said office, each commissioner shall receive such compensation as the trustees of the Boston Marine Society may fix, together with such allowances for office rent, clerk hire, and other incidental expenses as the said trustees may think suitable. And if there shall remain any surplus arising from said commissions, after the said payments are made, the same shall be paid into the treasury of the Boston Marine Society.

SEC. 7. The harbor of Boston, for the purposes of this act, shall be held to include all places or landings accessible to vessels from sea included within the limits of Nahant Rock on the north and Point Alderton on the south.

SEC. 8. The governor, with the advice and consent of the council, may appoint one or more suitable persons as pilots for the ports of Salem, Marblehead, and Beverly, respectively: Provided, that said persons shall first have the recommendation of the master of the Marine Society, in Salem, and of the president of the Salem East India Marine Society.

SEC. 9. Any pilot who now holds, or hereafter may hold, a commission as pilot for the ports named in the preceding section, or either of them, may be removed from office by the governor, with the advice and consent of the council, whenever the master and president of the societies aforesaid shall certify that such pilot is incapable of discharging the duties of said office, or otherwise unsuitable to be continued therein, or that the public interest requires that he should no longer remain in office.

SEC. 10. The governor, with the advice and consent of the council, may appoint one or more suitable persons to be a branch pilot or pilots for the port of Newburyport: Provided, that every such person shall first obtain from the Marine Society of Newburyport a certificate, signed by its clerk,

1 Changed to four by Act of 1863, c. 75.

stating that in the opinion of said society such person is capable and suitable to be appointed to that office; and every such person who now holds, or may hereafter hold, a commission as pilot for said port may be removed by the governor and council whenever the said society shall in like manner certify that he is incapable of discharging the duties of said office, or is otherwise unsuitable to be continued therein, or that the public interest requires that he should no longer remain in office.

SEC. 11. There shall be appointed by the governor, with the advice and consent of the council, three persons to be denominated port wardens of the ports of Gloucester and Rockport, who shall hold their offices during the pleasure of the governor and council. They shall recommend to the governor suitable persons to be pilots for the ports of Gloucester, Rockport, and Manchester, respectively, who shall receive commissions as such, if approved by the governor with the consent of the council.

SEC. 12. There shall be appointed by the governor, with the advice and consent of the council, five persons, two of whom shall reside in New Bedford or Fairhaven, two in Dukes County and one in Wareham, to be denominated port wardens of the ports upon Buzzard's Bay and the island of Martha's Vineyard, who shall hold their office during the pleasure of the governor and council. They shall recommend to the governor suitable persons to be pilots for the said ports, respectively, who shall receive commissions as such, if approved by the governor with the consent of the council.

SEC. 13. There shall be appointed by the governor, with the advice and consent of the council, three persons, one of whom shall reside in Fall River, one in Somerset, and one in Taunton, to be denominated port wardens for Taunton River, who shall hold their offices during the pleasure of the governor and council. They shall recommend to the governor suitable persons to be pilots for Taunton River, and the ports connected with the same, who shall receive commissions as such, if approved by the governor with the consent of the council.

SEC. 14. There shall be appointed by the governor, with the advice and consent of the council, two persons to be port wardens for the port of Provincetown. The commissioners of pilots for the harbor of Boston, and the port wardens of the port of Provincetown, shall recommend, from time to time, suitable persons, not exceeding six in number, to be bay and harbor pilots, as mentioned in the schedule hereto annexed for the harbor of Provincetown and other harbors.

SEC. 15. In all ports and places not mentioned in this act, for which pilots have been heretofore or are now commissioned, the governor, with the consent of the council, shall have power to appoint suitable persons to be pilots, who shall hold their commissions during the pleasure of the gover

nor and council. All pilots in such ports and places may be suspended or removed at any time by the governor and council.

SEC. 16. In all cases in which any persons or society are authorized, by the provisions of this act, to recommend suitable persons for appointment as pilots, it shall be lawful for the same persons or society to suspend any pilot, whether now commissioned or hereafter to be commissioned, for his misconduct, carelessness, or neglect of duty; and in such case, such suspension shall not continue beyond the term of sixty days, unless the same shall be approved by the governor with the consent of the council. Whenever the said persons or society respectively shall certify to the governor that any pilot who now holds or hereafter may hold a commission as pilot within their respective jurisdictions, is incapable of discharging the duties of his office, or is otherwise unsuitable to be continued therein, or that the public interest requires that he should no longer remain in office, such pilot may be removed from office, and his commission revoked by the governor with the consent of the council.

SEC. 17. The commissioners of pilots for the harbor of Boston, and the persons hereby authorized to recommend suitable persons for appointment as pilots, respectively, may, from time to time, recommend to the governor and council such changes or modifications of the pilotage regulations, for the ports or places within their respective jurisdictions as to them shall seem fit; and if such modifications or changes, respectively, or any portion of the same, shall be approved by the governor with the consent of the council, the governor shall make proclamation thereof, and shall cause such modifications or changes to be published for four weeks consecutively, in the paper selected by the secretary of the Commonwealth, pursuant to the provisions of chapter three, section four, of the General Statutes, and the same being so proclaimed and published for four weeks consecutively, shall have the force of law and be obeyed by all persons. All such modifications and changes shall be reported by the secretary of the Commonwealth to the legislature, and the same shall also be published annually with the laws of the Commonwealth.

SEC. 18. Each pilot receiving a commission shall pay therefor the sum of five dollars.

SEC. 19. No person shall receive a commission, or exercise the office of pilot, until he has given to the treasurer of the Commonwealth, a bond with two sureties in the penal sum of one thousand dollars for the faithful performance of all the duties of his office. The sureties on the bonds of pilots for the harbor of Boston shall be satisfactory to the commissioners of pilots of the harbor of Boston; the sureties upon the bonds of pilots for the other ports and places mentioned in this act shall be approved by the persons or societies recommending such persons as pilots; and the