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port up to the first day of November, annually; and shall be rendered to the secretary of the commonwealth, on or before the third Wednesday of said November.

support of luna

Ibid, $2.

37. All accounts against the commonwealth, for allow- Accounts for ance for the support of lunatic state paupers, shall be tic paupers. so made out as to include all claims for such support up to the first day of December, annually, and shall be rendered to the secretary of the commonwealth, on or before the third Wednesday of said December.

ed unless ren

38. No account for the support of any state pauper Not to be allowshall be allowed by the auditor of accounts, unless the same dered as dishall be rendered within the time specified by law.

rected.
Ibid § 3.

transmit claims

39. It shall be the duty of the secretary of the com- Secretary shall monwealth to transmit all claims against the commonwealth, to auditor of rendered to his office, to the auditor of accounts.

accounts.

Ibid, $4.

support of state

to be accompa

suitable support.

40. Whenever any county of this commonwealth shall Accounts for present any claim or claims for the support of any state lunatic paupers lunatic pauper, it shall be the duty of said county to pre- nied by proof of sent satisfactory evidence to the committee, to which such 1849, 207. claim or account may be referred, that said insane person has been supported in a suitable and comfortable manner, and at an expense equal to the amount to be allowed by the commonwealth, and that no allowance or payment shall be made unless this act shall have been complied with. 1

1 For other general provisions respecting paupers, work-houses, settlement, &c., see Rev. Stat. c. 16, 45, 143; 1837, c. 178; 1839, c. 156; 1841, c. 77; 1846, c. 88; 1848, c. 291. See also Alien Passengers, House of Correction, House of Industry, Lunatics, and Overseers of the Poor.

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4. Sureties on pilots' bonds may 13. Pilots liable for negligence be released therefrom.

while in charge of vessels.

5. Commissioners to keep an of- 14. When masters may pilot their

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Two commissioners of pilots

for Boston.

R. S. 32, § 15.

8. Commissioners to keep fair rec-
ords of their proceedings, &c.

9. No persons except a pilot, &c.,
to pilot vessels, except, &c.

19. Pilots exempted from military

duty.

1. The governor, with the advice and consent of the to be appointed 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.

1 The pilotage district, which includes the harbor of Boston, extends from Nahant rock, on the North, to the highlands of Marshfield on the South; and the words "port of Boston," or "harbor of Boston," as used in reference to the regulations of pilotage, include all the ports which use the several channels leading to the city of Boston, and the mouths of the rivers which enter into that harbor. Martin v. Hilton, (9 Metc. 371.)

may grant and

missions and

Ibid, 16.

2. The said commissioners shall grant commissions for Commissioners pilots, and warrants for apprentices, to such persons as may revoke combe approved by the trustees of the Boston marine society; warrants, &c. and they may, upon satisfactory evidence of misconduct, carelessness or neglect of duty, suspend until the meeting of the trustees then next ensuing, any pilot or apprentice who now holds or shall hereafter hold a branch, commission or warrant; and if the said trustees, at their said next meeting, shall decide that such branch, commission or warrant ought to be revoked, the said commissioners of pilots may revoke the same, or may, at their discretion, continue the suspension of such pilot or apprentice, until the next stated meeting of said trustees, and no longer, for the same offence.

bond to state

Ibid, § 17.

3. No person shall receive a commission or exercise the Pilots to give office of a pilot, for the harbor of Boston, until he shall have treasurer. deposited, with the treasurer of the commonwealth, a bond in the penal sum of two thousand dollars, payable to the said treasurer, and with sureties satisfactory to the said commissioners, for the faithful performance by himself and his apprentices of all the duties required by law of any pilot or apprentice.

lots' bonds may

therefrom.

4. Any surety on such bond of a pilot may, at the end Sureties on piof any year after signing the same, terminate his liability be released as surety for the future acts of such pilot, by giving notice Ibid, § 18. of his determination, in writing, at least thirty days before the expiration of any such year, to the treasurer of the commonwealth and to the commissioners of pilots; and thereupon the said commissioners shall give notice to the said pilot, that unless he shall procure some other surety, his commission will be annulled at the end of such year, and the same shall in such case be annulled by them and delivered up accordingly; and if any such pilot shall, after demand made, refuse to deliver up his commission, he shall forfeit the sum of fifty dollars for every month, during which he shall retain the same.

to keep an ofplaints, &c.

5. The commissioners of pilots shall keep an office, and Commissioners, shall be in attendance during a part of each day, to receive fice, hear comand consider complaints by and against pilots, and to exam- Ibid, § 19.

Pilots to render quarterly accounts to commissioners.

Ibid, § 20.

ine the evidence concerning the same; and in case any pilot, either by himself or his apprentice, shall be guilty of any act, whereby the condition of his bond shall be broken, the said commissioners shall make immediate complaint thereof to the treasurer of the commonwealth, who shall cause a suit to be forthwith commenced and security to be taken, for the benefit of all persons who may have suffered by the misconduct or negligence of such pilot or apprentice; and the like proceedings and judgment shall be had and rendered in such suit, as in the case of sheriffs' bonds.

6. Once in every three months, each branch pilot for the harbor of Boston shall render, to the said commissioners of pilots, an account of all vessels piloted, and of all moneys received by him or by any person for him for pilotage; and he shall pay to the said commissioners five per cent. on the amount thereof, which shall be taken in full for their Additional fees. Official services and for the expenses of the office; and the said pilots may add five per cent. to the rates established by law, at the time when they shall perform the service of piloting any vessel, and they may collect the same in the like manner, as they are now authorized to collect the pilotage fees; and if any pilot shall make a false return of moneys so received, he shall forfeit a sum not exceeding fifty dollars.

Penalty for a false return.

Commissioners

pilots, &c. Ibid, $ 21.

12 Metc. 346.

7. The commissioners of pilots may, from time to time, may make reg- alter or amend any of the existing regulations, for the pilotage of the harbor of Boston, and may make any new regulations therefor; and all such altered, amended and new regulations, after being approved by the trustees of the Boston marine society, and being published one week in two of the newspapers printed in Boston, shall be bindRegulations to ing on all persons; and the said commissioners, at least twice a year, shall publish as aforesaid all the regulations, which shall at such times be in force, concerning the pilotage of the harbor of Boston, and also shall see that the said regulations and the laws concerning said pilotage are duly observed and executed.

be published.

Commissioners

8. The commissioners of pilots shall keep fair records records of their of all their doings, under the provisions of this chapter, and

to keep fair

&c.

shall exhibit the same to the trustees of the Boston marine proceedings, society, as often as once in every six months, and whenever R. S. 32, § 22. the said trustees shall require the same.

cept a pilot, &c.,

except, &c.

Ibid, '23.

5 Metc. 412

9. If any person, not having a branch, commission or No person exwarrant, as a pilot or pilot's apprentice, for the harbor of to pilot vessels, Boston, shall undertake to pilot into or out of the said harbor any vessels, excepting such as are excepted in the seventh section of the thirty-second chapter of the Revised Statutes,1 he shall forfeit a sum not exceeding fifty dollars for each offence. 2

master may pilot

10. In case no Boston branch pilot shall offer his ser- When a ship vices to the master of a vessel bound into the harbor of his own vessel. R. S. 32, § 24. Boston, before such vessel shall have passed a line drawn 5 Metc. 412 from Harding's Rocks to the Outer Graves, and from thence to Nahant Head, such master shall be at liberty to pilot his own vessel, or to employ any other person to pilot his vessel into the said harbor, without incurring the penalty mentioned in the preceding section. 3

may require new

1844, 168.

11.' If at any time it shall appear to the commissioners of Commissioners pilots that the bonds given by any pilot are insufficient, the bonds. said commissioners shall require him to give a new bond or bonds to their satisfaction, within such time as they shall order.

charge of all ves

or going out of

them, except,

12. Every branch pilot appointed agreeably to the pro- Pilots to take visions of the thirty-second chapter of the Revised Statutes, sels bound into is authorized and directed, by himself or his deputy, to take ports assigned to charge of any vessel bound into or going out of the port &c. assigned to him, except fishing vessels, and all American 1841, 45, $ 1. vessels of less than two hundred tons, bound from any port within the United States to a port or place within this state, and excepting also, all other vessels bound from a

1 The vessels excepted in the section referred to, are fishing vessels, and vessels bound to or coming from any port within the state, and all vessels of less than two hundred tons, sailing under a coasting license. The section referred to was repealed by stat. 1841, c. 45, § 2.

2 This ninth section was subsequently modified by stat. 1847, c. 279, § 1. See § 15, on the next page.

3 This section appears to be modified by stat. 1841, c. 45, § 1. See § 12, on this page.

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