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ime being, and with the consent of the City Council.

the official names of the

3. That all investments made as aforesaid, shall Investments be in the official name and character of the Trustees to be made in foresaid; and the same are hereby declared to be sacred, and shall be forever kept apart and distinct Trustees. Trom all other city funds, and the principal sums of such investments, shall not on any consideration be expended, but shall be preserved whole and entire for the benefit of the Orphan-House.

ers

4. That it shall be the duty of the Commissioners Duty of the of the Orphan-House, twice in every year, viz. in Commission. the months of January and July, to exhibit to the Council a statement of the interest money, dividends, or other income arising from the OrphanHouse funds, with their opinion and advice of the best mode to apply or invest the same for the benefit of the institution; which mode of applying or investing the income of the said funds, having received the approbation of the Council, the said Trustees shall forthwith adopt and proceed to carry the same into effect.

Trustees to

Council.

5. That the said Trustees shall render to the City render annual Council an annual statement of the funds entrusted statements to to them, distinguishing the amount of each donation, devise or bequest, and the name of each donor or devisor, and also all monies or other estate arising to the said institution from escheated property, and shewing the amount of the annual income, and the manner of the expenditure thereof, so that the citizens may see that a faithful application is made of the funds aforesaid.

nevolent persons recorded.

6. That the said Trustees shall keep a book, in Names of bewhich shall be recorded the names of all those benevolent persons who have heretofore, or may hereafter make donation, bequests or devices, for the benefit of said institution; and shall also copy and record therein, the clauses of such deeds, wills or documents, whereby such donations, devices or bequests have been or shall be made as aforesaid, to be kept forever as a perpetual memorial of the beneficence of the benefactors of the Orphan-House.

Passed, Aug. 17th, 1807.

missioners to

TITLE (P.)

Pilots and Pilotage.

1. Be it ordained, That the City Council of Charleston shall, on every third Monday in October, or at the next meeting thereafter, elect seven Commissioners of Pilotage, who shall serve until the next annual election. And every person so elected, who Seven Com- shall refuse to serve as a Commissioner of Pilotage, be elected an- shall forfeit and pay, to the use of the city, the sum nually, &c. of forty dollars, but none shall be obliged to serve more than one year in seven, or be liable to the said fine for refusing to serve, before the expiration of seven years from the time of his former election. And the Commissioners aforesaid shall have power and authority, to prescribe to the several Pilots for the bar and harbour of Charleston such orders and regulations, not inconsistent with this ordinance, as to them or a majority of them may appear suitable and proper.*

Persons pro

4. That whenever any person produceth, to the Intendant of the city, a certificate of the aforeducing certifi- said tenor from the Commissioners of Pilotage or a tendant to take majority of them, the Intendant shall administer to and subscribe such person the following oath, to which he shall oath before take and subscribe in the Intendant's presence, to him, &c.

cate to the In

:

wit: "I, A. B. do solemnly swear, (or affirm) that
"I will well and faithfully, and according to the best
"of my skill and knowledge, execute and discharge
"the business and duty of a........... branch pilot for
"the bar and harbour of Charleston, and that I will
"at all times, wind, weather and health permitting,
"use my best endeavours, to repair on board all
"ships and vessels, that I shall see, and conceive to
"bound for, or coming into, or going out of the port
"or harbour of Charleston, unless I am well assured
"that some other licensed pilot is then on board the
"same.
And I do further swear, (or affirm) that I
"will from time to time, and at all times, make the

* Second and third clauses, repealed by an ordinance passed on the 15th of May, 1815.

66

"best dispatch in my power, to bring safely over the "bar of Charleston every vessel, committed to my care in coming in or going out; and that I will from "time to time, and at all times, truly observe, follow " and fulfil, to the best of my skill, ability and knowledge, all such orders and directions, as I shall or may receive from the Commisssioners of Pilotage, "relative to all matters or things, that may apper"to the duty of a Pilot; and further, that I will not "be copartner with any more than one Pilot at the "same time, in any afair relative or incident to the "business, duty, or office of a Pilot-So help me "God."

5. That, after any such person hath taken and Persons obsubscribed the oath or affirmation aforesaid, the In- branch to tendant of the City shall direct the City Treasurer, give bond and to take bond from such person, in the sum of five hundred dollars if his branch be of twelve feet, or in the sum of one thousand dollars, if it be a full branch, which bond he, together with two sureties to be approved of by the City Treasurer, shall give for the faithful discharge of his duties agreeably to this ordinance; whereupon the City Treasurer shall deliver to such person a licence, referring to his respective branch. And every such licence shall be signed by the Intendant, and be of force during the term therein specified, or during such Pilot's good behaviour.

have power,

their licences,

6. That the Commissioners of Pilotage shall have Commissionpower and authority, with the consent of the City ers of Pilotage Council, to order and direct all Pilots for the bar and to direct all harbour of Charleston, to deliver up their former, and pilots to renew to take out fresh licences, whenever so required; &c. but no Pilot shall be charged with any fee, on receiving a new licence as aforesaid. And it shall be the duty of the City Treasurer, to lay before the City Council, in the first week of December in every year, all the bonds given by Pilots, and if Council shall not be satisfied with the security of any such bond, every Pilot, whose surety or sureties shall then be deemed insufficient, shall give fresh bond, with such sureties, and in such sum not exceeding the amount above stated, and within such time, as shall

to be submitt

in every year.

Pilot's bonds or may be respectively approved of, demanded, and ed to Council, prescribed, by the City Council; in which case such the first week Pilot shall receive a fresh licence, on surrendering of December his former licence. And every Pilot, not complying with these conditions or any of them, shall forthwith forfeit his licence, and shall be disqualified, to act as a pilot of the bar and harbour of Charleston for twelve months, and shall afterwards obtain no Pilots' branch, unless he be re-admitted under the same formalities, as one applying in the first instance.

Commissioners of pilotage

lots of their

branch, &c.

7. That the Commissioners of Pilotage, and a to deprive Pi- a majority of them, shall have power and authority to take away the branch of any pilot, and to declare his licence null and void, whenever it shall appear to them, that such pilot has wilfully infringed or violated this ordinance or the orders of the Commissioners, or that he hath negligently and carelessly lost any vessel under his care, or that he is labouring under a mental derangement, so as to be incapable of attending to business, or that he is so addicted to the habits of intoxication, as to be unfit to be intrusted with the charge of a vessel. And if any Pilot hath forfeited his branch or is no longer entitled to the use of his licence, by virtue of this or of the foregoing clause, the Commissioners of Pilotage shall have power, to order the Harbour Master, to call on him for the surrender of his licence, and if he shall refuse to give up the same to the Harbour Master upon demand, the latter shall notify for one week in all the public papers of Charleston, that such person has no longer a right to act as a Pilot, until he be reinstated according to law.

Pilots not to absent them

hire out their boats, &c.

8. That no Pilot shall absent himself from the selves nor to port and harbour of Charleston, or shall hire out his pilot boat to any person or persons whomsoever, unless he substitutes another boat, to be approved of by the Commissioners of Pilotage, in lieu of his pilot boat, when he hires out the latter, and unless he obtain permission from three or more Commissioners of Pilotage; but the said Commissioners shall never give such permission, if there shall be less than three pilot boats in port, actually engaged in the service of

pilotage; nor shall any Pilot substitute or employ
any one, whose branch was taken away, or whose
licence became forfeited as aforesaid, until it be again
restored to him. And every Pilot, herein in any wise
ffending, shall for each and every such offence for-
feit and pay, to the use of the city, a sum not ex- Penalty,
ceeding one hundred dollars, with costs, and shall
moreover be liable to be deprived of his licence by
the Commissioners of Pilotage, or a majority of them;
and if so deprived, he shall be proceeded against, as
provided in the latter part of the seventh clause of
this ordinance.

Pilots not to

sel, &c.

9. That in case of war, no Pilot shall bring in, or In case of war, furnish supplies to any armed vessel belonging to an bring in an enemy, unless he be constrained by superior force, enemy's ves or shall carry out any such vessel; without being ordered to do so by the constituted authorities of the state. And every Pilot, herein in any wise offending, shall forthwith forfeit his licence, and be disqualified Penalty, for ever after, from acting as a Pilot. And if at any time the President of the United States, or the Governor of the State, or the City Council of Charleston, shall prohibit to furnish with supplies, or to bring in, or to carry out, any vessel or vessels, belonging to any nation or to a subject or subjects of any nation, it shall be the duty of every Pilot for the bar and harbour of Charleston, to comply with every such prohibition, on pain of incurring the same penalty and punishment, as for a like offence in time of war.

except in case

10. That every Pilot, cruising or standing out to Penalty for not offering sea, shall offer his services first to the vessel nearest services to the the bar, except when he sees a more distant vessel nearest vessel, in distress, under a penalty of fifty dollars, with costs, of distress, &c. for each and every neglect or refusal, either of approaching the nearest vessel and of boarding her if required, or of aiding any vessel, shewing signals of distress in the case above mentioned, which sum he shall forfeit and pay to the use of the city, and beside which fine he shall be also liable, to be deprived of his licence at the discretion of the Commissioners of Pilotage: Provided however, that nothing herein contained shall extend, or be construed to extend, to vessels of the description, mentioned in the last

Cc

Proviso.

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