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Pilotage between

March.

enftward of the Falfe-Hook to the port of New-York, or from the port of New-York to the eastward of the Falfe-Hook, fo far that fuch vefiel may proceed fafely from thence to fea, between the fifteenth day of March and the first day of December, in any year, pilotage at the rate of fix fhillings for every foot of water fuch ship or other vellel hall draw. Provided always, That no more than half pilotage, at the rate aforellid, fhall be demanded or received by any fuch pilot, who fhall to the weitward of the Falfe-Hook, take charge of any fhip or other veffel coming to the port of New-York; and that between the first day of December and the fifteenth 1st December and 15th day of March, inclufive, in any year, fuch pilot may demand and receive the additional fum of twenty fhillings, for any fhip or other vellel drawing ten feet water or upwards, and for every fhip or other vellel drawing less than ten feet water, the additional fum of ten fhillings; and for every fhip or other veffel which fuch pilot fhall conduct clear of the middle ground out to fea, the additional fum of ten fillings, if fuch fhip or other vellel fhall draw ten feet water or under, or the additional fun of twenty fhillings, if fuch fhip or other veffel fhall draw upwards of ten feet water; and for every day that fuch pilot fhall be required to remain or be detained on board by the mafter, waiting for a fair wind or otherwife, fuch pilot is hereby authorifed to afk, demand and receive, and fhall be paid the fum of ten fhillings.

Master and wardens

in pilot boats or with pilots.

V. And to the end that the faid mafter and wardens not to be concerned may be difinterested and impartial directors as by this act is intended; Be it further euced by the authority aforesaid, That neither of them fo long as they fhall be employed in this truft, fhall be directly or indirectly concerned in any pilot boat, or with any perfon whatfoever commiffioned as a branch pilot.

VI. And be it further enled by the authority aforefaid, That every branch pilot or deputy pilot of the port of New-York, commiflioned or appointed, or hereafter to be commiflioned or appointed by virtue of this act, fhall, before he takes upon himself the execution of the office, enter into a recognizance to the people of the state of New-York, before one of the judges of the fupreme court, or the mayor or recorder of the city of New-York, with two fufficient fureties, to be approved by the mafter and wardens of the port, or any three or more of them, in the fum of one hundred pounds lawful money of New-York, with condition, that fuch pilot or deputy pilot, fhall and will, in all things, diligently and faithfully perform and execute the truit repofed in him, as a pilot or deputy pilot (as the cafe may be) according to the directions and true intent and meaning of this act, and according to the rules and orders of the faid matter and wardens of the port of New-York, or any three or more of them; and on failure or non-performance of the condition of any fuch recognizance, the fame fhall and may, at the request of any perfon injured or aggrieved thereby, be fued and profecuted, either in the fupreme court, or in the mayor's court of the faid city; and if judgment fhall be obtained against the defendant or defendants on fuch recognizance, the court in which fuch judgment fhall be had, fhall, by imprisonment of fach defendant or defendants, or by execution or executions, by fieri facias, or levari facias, caufe the amount of fuch recognizance with coils of fait to be levied and paid, and by an order to be entered in the minutes of the faid court, direct the amount of fuch recognizance to be paid to the faid mater and wardens; and the faid mafter and wardens, or any three or more of them, are in fuch cafe authorifed and required to take cognizance of the

damages fuftained by fuch perfon injured and aggrieved, and award the amount or value of the fame, and to apply the monies which they shall have received from fuch forfeited recognizance, or fo much thereof as may be neceffary to pay the damages fo awarded, and fhall make report in writing by them fubfcribed, of the damages fo awarded and paid, to the court in which fuch judgment fhall have been obtained. Provided always, That, if the branch or deputy pilot fo offending, do, before judgment fhall have been obtained against him, for the breach of his recognizance, pay to the party aggrieved fuch damages as fhall be affeffed or awarded by the faid matter and wardens, or any three or more of them, and discharge all cofts of fuits at the time of fuch payment accrued, the fuit and proceedings on fuch recognizance fhall be discontinued.

to be owner or part

branch

VII. And be it further enalled by the authority aforefaid, Every branch pilot That every branch pilot, commiffioned as aforefaid, fhall be owner of a pilot no longer a branch pilot than he continues to be, bona fide, boat, or forfeit bis the owner or part owner of a pilot boat, and does keep fuch boat really and only employed in fervice as a pllot boat; and in cafe any fuch branch pilot fhall fell or difpofe of his property in fuch pilot boat (not having then another pilot boat in fervice) or shall employ fuch pilot boat, or fuffer her to be employed in any other fervice than that of a pilot boat, fuch branch pilot fhall thereby forfeit his branch, and by the mafter and wardens of the port, or any three or more of them, be fufpended as aforefaid, from his office of branch pilot.

appointed furveyors

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VIII. And be it further enated by the authority aforefaid, Master and wardens That the mafter and wardens of the port of New-York, of damaged goods and for the time being, fhall be, and they or any two or more of them, are hereby appointed furveyors for the furveying of damaged goods which fhall be brought into the port of New-York, in any fhip or other veffel; and in like manner with the affistance of one or more fkilful carpenter or carpenters, to be furveyors of any veffel or veffels that may be deemed or thought unfit to proceed to fea; and the faid mafter and wardens, or any two or more of them, fhall thereupon give certificates under their hands and feals, how the goods or veffels furveyed, appeared to them, and shall caufe an entry thereof to be made in a book, to be kept in their office for that purpose, for which certificate and entry their clerk fhall be entitled to a fee of ten fhillings, and no more, and the mafter and wardens fhall be allowed at the rate of twenty fhillings for each day, and in that proportion for the one half or the one fourth part of a day, and any furvey of goods or veffels performed or made in any other manner than is herein directed and prefcribed, fhall not be valid or authentic.

IX. And be it further enacted by the authority aforesaid, That before the mafter or wardens enter upon the execution of their faid offices, they shall severally take an oath before the mayor of the city of New-York, for the time being, in the words following, that is to fay,

Oath of the master and wardens.

I

will, well, truly and impartially, according to the beft of my fkill and understanding, execute the powers vefted in me, by virtue of a law of this fate, entitled, An act for the regulation of pilots and pilotage for the port of New-York, and for other purposes therein mentioned. So help me God.

X. And be it further enaled by the authority aforesaid, Mafter and wardens That the mafter and wardens of the port of New-York, a clerk, who is to fhall keep an office in the city of New-York, and provide

to keep an office and

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receive the pilotage and keep a clerk, and a proper book or books, and therein fhall caufe regular and fair entries to be made of all their tranfactions and proceedings by virtue of this act, to which all perfons may have recourfe; and the clerk fo by them to be appointed, is hereby empowered to receive all pilotage money, which fhall from time to time become due to any of the pilots or deputy pilots by virtue of this act, and on negle& or refatal of payment, to fue and profecute in his own name for the recovery of the faine, before the mayor or recorder, or any one of the aldermen of the city of New-York, who are hereby refpectively empowered to hear, try and determine the fame in a fummary way, and to award execution for the fum or fums adjudged, with cofts of fuit, and fuch clerk fhall keep a feparate and distinct account with each and every of the faid pilots, of all the monies he shall and may receive to their ufe. refpectively, and once in every three months fhall pay the fame to them feverally, retaining three per cent. for his trouble in the premifes; and all fines and forfeitures that shall arife by virtue of this act, except the forfeited recognizances of pilots or deputy pilots, shall be fued for and recovered by, and in the name of the faid clerk, in manner aforefaid, and any fuch fuit fhall not difcontinue or abate by the deceafe, refignation or removal from office of fuch clerk; and all fuch fines and forfeitures, and the fum or fums recovered on any fuch forfeited recognizance, and not applied in difcharge of damages as aforefaid, shall be paid to the faid mafter and wardens, and be by them applied towards defraying the neceflary expences they fhall be put to, in executing and difcharging the trufts hereby repofed in them; and every fuch clerk is hereby directed and required to enter into bond with fufficient furety or fureties to the faid matter and wardens, in the fum of five hundred pounds, with a condition, that he will well and faithfully discharge the trufts repofed in him by this act.

Bond to be entered into by the clerk.

outward bound, how

to be paid.

XI. And be it further enacted by the authority aforesaid, Pilotage of veffels That the pilotage for any vellel outward bound, fhall be paid or fecured to be paid to the faid clerk, for the ufe of the pilot, who fhall take charge of the veffel, before fuch veffel fhall break ground in the port of New-York, and if the pilot for whofe ufe fuch pilotage money fhall have been paid or fecured to be paid, fhall neglect or fail in doing his duty in piloting fuch veffel, the pilotage money paid fhall be reflored to the payer, or the fecurity given be cancelled and become void, as the cafè may happen to be.

to be allowed mate's

wages.

XII. And be it further enacted by the authority aforefaid, Pilots carried to fea, That if any veffel going out of the port of New-York, fhall carry off to fea, through the default of the mafter or owner of fuch veffel, any pilot or deputy pilot, when a boat is attending to receive fuch pilot or deputy pilot from on board of fuch veffel, the mailer or owner of fuch veffel fhall pay to the malter and wardens of the port of New-York, for the use of fuch pilot or deputy pilot. befides the pilotage of fuch veffel, the like wages per month until he. fhall return to the port of New-York, as the monthly wages allowed to the mate of fuch veffel: Provided, That fuch pilot or deputy pilot fhall have performed the duties required of him by this act: And provided alfo, That fuch pilot, or deputy, fall, as far as in his power, perform the ufual duties of a feaman on board of fuch veel after being fo carried off; and if any money fhall have been advanced or paid to fuck pilot by the mafter or owner of, or factor for fuch veffel, the fame fall be credited and deducted from the monies to be paid to the clerk of the mafter and wardens, for the ufe of fuch pilot or deputy pilot.

The council of ap-
pontinent may ap

the channel of the
Exft river.

XIII. And be it further enadied by the authority aforefaid, paint branch pilots for That it shall and may be lawful for his excellency the governor, or perfon adminifiring the government of this ftate for the time being, by and with the advice and confent of the council of appointment, from time to time during the continuance of this aft, to appoint and commiflion fo many branch pilots as by them fhall be thought neceflary for the fafe pilotage of vefiels which may require the fame, to and from the port of New-York, through the channel of the Eaftriver or found, commonly called Hell-Gate; and the faid mafter and warMaler and wardens dens shall establish the rates of pilotage, and make from time, theft blith the rates to time fuch rules and regulations for the ordering and directing the faid pilots, as fhall be by them judged neceflary and expedient.

of pilotage, &c.

XIV. And as the faid mafter and wardens muft neceffarily give attendance to the duties of their office; Be it further enacted by the authorhy aforefaid, That either of them refpectively, fhall not be liable to ferve as a grand or petit juror, during his continuance in the faid office.

XV. And be it further enacted by the authority aforesaid, A whale-boat to be That the branch pilots and deputy pilots of the port of kept at Sandy-Hook. New-York, fhall keep, and they are hereby required to keep, at their joint expence, a good and fufficient whale-boat at Sandy-Hook, furnished with a fufficient number of oars, and in good repair; that fuch whaleboat fhall be ready at Sandy-Hook, and furnished as aforefaid, on or before the first day of October next; and that the clerk of the faid mafler and wardens fhall retain in his hands, out of the monies for pilotage that fhall become due to the faid pilots and deputy pilots, a fum fufficient to pay for fuch boat, and fhall there with pay for the fame; and fall from time to time in like manner, retain monies fufficient to keep the faid boat in repair, and furnished as aforefaid.

fing to take pilots

XVI. And be it further enatied by the authority aforefaid, Matersof veffelre. That if the mafler of any fhip or veffel coming to the port of board, to pay half New-York, fhall refufe to receive on board, and employ a pipileage. lot, the mafter or owner of fuch veffel fhall pay to fuch pilot who shall have offered to go on board, and take charge of the pilotage of fuch veffel, half pilotage from the place at which fuch pilot shall have offered rimfelf, to the faid port of New-York.

XVII. And be it further enacted by the authority af refid, That the maf ter and wardens of the port of New-York, fhall furnish every pilot and depury. pilot with printed inftructions, to be fhewn and delivered by fuch pilot or deputy pilot to the mafter or commander of every vefiel, as foon as he fhall go on board to take charge of fuch veflel to pilot her into the faid port, which intructions fhall be frictly obferved by every branch pilot or deputy pilot, and mafter of a veffel, at their perils refpectively.

XVIII. And whereas it may happen by deceafe, removal or otherwise, in the recefs of the council of appointment, that the number of pilots ntceffary for the port of New-York may be fo reduced as to occafion much inconvenience to the trade of the flate; For remedy whereof, Be it further enalled by the authority aforefad, That the maller and wardens of the fid port, or any three or more of them, are hereby empowered on fich pecular occafions as aforefaid, by warrant or warrants under their hands and feals, to employ fuch perfon or perfons, qualified as herein before directed, to act as pilots for any term not exceeding fix months from the day of the

date of fuch warrant; and every perfon fo employed as a pilot by fuch warrant, fhall, during fuch time of employment, be fubject to the like rules, orders and regulations, and liable to the like fines, penalties and forfeitures, as other pilots who fhall be appointed in virtue of this act.

CHA P. XXXII.

An ACT to establish the Rates of Wharfage and Cranage within the City of

WHE

New-York.

Paffed 17th April, 1784. HEREAS it hath been found by experience, that the wharfs fronting the Eaft and Hudfon's rivers in the city of New-York, have conduced to the increase and advantage of trade and navigation to and from the faid city, in the lading and unlading of fhips and other veffels: And for as much as the owners and proprietors thereof have been at a very great expence, not only in the making, erecting and building, but alfo in maintaining and keeping the fame from time to time in good and fufficient repair, to anfwer the purposes aforefaid;

eftablished.

I. Be it therefore enacted by the people of the fate of New-York, reprefented in fenate and affin.bly, and it is hereby enacted by the authority of the fame, That it Rates of wharfage hall and may be lawful, to and for the prefent owners and proprietors of the faid mentioned wharfs, or the owners or proprietors thereof for the time being, to afk, demand, take and receive to and for their feveral and refpective ufes, for all fhips and veffels ufing, or that shall ufe the fame, from and after the paffing hereof; that is to fay, For each fhip or other veffel, of the burthen of fixty tons, and under the burthen of one hundred tons, at and after the rate of three fhillings per day; for every fhip or other veflel, of the burthen of one hundred tons, and under the burthen of two hundred tons, at and after the rate of four fhillings and fix-pence per day; for every fhip or other veffel, of the burthen of two hundred tons, and under the burthen of three hundred tons, at and after the rate of five fhillings per day; for every fhip or other veffel, of the burthen of three hundred tons, and under the burthen of five hundred tons, at and after the rate of fix fhillings per day; and for every fhip or other veffel, of the burthen of five hundred tons and upwards, at and after the rate of feven fillings and fixpence per day, lawful money of this ftate, for every day that fuch frips or veffels refpectively, fhall ufe and be made faft to any of the wharfs herein before mentioned. Provided always, That nothing in this act contained, shall be conftrued, deemed or taken to establish a rate of wharfage veffels employed be for vellels employed between one port and another within tween one port and another in this ftate. this flate; and that the mafter or owners of fuch veffels and owners of wharfs, may adjuft the wharfage to be paid for fuch laft mentioned veffels, on fuch terms as they may from time to time mutually agree upon; and in cafe of a difference between the mafter of any fuch veflellaft mentioned, and the owner or owners of any wharf, the fame fhall be determined by the mafter and wardens of the port of New-York, whofe decifion fhall be final.

Not to extend to

II. And be it further enacled by the authority aforefaid, That in cafe any difference or difpute fhall happen between the proprietor or proprietors, Difputes about wharfinger or wharfingers of any of the wharfs aforefaid, wharfage, how to be and the mafter, commander, owner or agent of any fhip or other veffel, concerning the burthen of fuch fhip or other.

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