P. L. 94.

the medical council, and on filing in the office of the medical council a copy of said 18 May 1898 § 18. license certified by the affidavit of the president or secretary of such board, showing also that the standard of acquirements adopted by said state board of medical ex- Applicants having aminers or state board of health, is substantially the same as is provided by sec- license from other tions eleven, twelve and thirteen of this act, shall without further examination states. receive a license conferring on the holder thereof all the rights and privileges provided by sections fourteen and fifteen of this act.

45. From and after the first day of March, Anno Domini one thousand eight hundred and ninety-four.

Ibid. § 14. Act to go into effect March 1, 1894.

Ibid.

cense in prothono

46. No person shall enter upon the practice of medicine or surgery in the state of Pennsylvania, unless he or she has complied with the provisions of this act, and shall have exhibited to the prothonotary of the court of common pleas of the Regulation of li county in which he or she desires to practise medicine or surgery, a license duly tary's office. granted to him or her as hereinbefore provided, whereupon he or she shall be entitled upon the payment of one dollar to be duly registered in the office of the prothonotary of the court of common pleas in the said county, and any person Penalty for violaviolating any of the provisions of this act shall be guilty of a misdemeanor, and tion of act. upon conviction thereof in the court of quarter sessions of the county wherein the offence shall have been committed, shall pay a fine of not more than five hundred dollars for each offence.

Ibid. § 15.

Persons exempt

47. Nothing in this act shall be construed to interfere with or punish commissioned medical officers serving in the army or navy of the United States, or in the United States Marine Hospital service while so commissioned, or medical examiners from provisions of of relief departments of railroad companies while so employed, or any one while act. actually serving as a member of the resident medical staff of any legally incorporated hospital, or any legally qualified and registered dentist exclusively engaged in the practice of dentistry, or shall interfere with or prevent the dispensing and sales of medicines or medical appliances by apothecaries, pharmacists, or interfere with the manufacture of artificial eyes, limbs or orthopedical instruments or trusses of any kind for fitting such instruments on persons in need thereof, or any lawfully qualified physicians and surgeons residing in other states or countries, meeting registered physicians of this state in consultation, or any physician or surgeon residing on the border of a neighboring state and duly authorized under the laws Not to open an thereof to practise medicine and surgery therein whose practice extends into the office or meet palimits of this state: Provided, That such practitioner shall not open an office, or appoint a place to meet patients or receive calls, within the limits of Pennsylvania, or physicians duly registered in one county of this state called to attend cases in another county but not residing or opening an office therein.

tients.

Ibid.

48. Nothing in this act shall be construed to prohibit the practice of medicine and surgery within this commonwealth by any practitioner who shall have been Act not to apply to duly registered before the first day of March, Anno Domini one thousand eight persons registered hundred and ninety-four, according to the terms of the act, entitled "An act to under act of June provide for the registration of all practitioners of medicine and surgery," approved 8, 1881. the eighth day of June, Anno Domini one thousand eight hundred and eighty-one, and one such registry shall be sufficient warrant to practise medicines and surgery in any county in this commonwealth. (y)

49. All acts or parts of acts of assembly inconsistent herewith shall be and are hereby repealed.

Ibid. § 17. Repealing clause.

(y) The 16th section is omitted, as it merely makes an appropriation for expenses and salaries.

PILOTS.

I. Federal legislation.

1. Until further provision be made by congress, all pilots in the bays, inlets, rivers, harbors and ports of the United States shall continue to be regulated in conPilots to be regu- formity with the existing laws of the states respectively wherein such pilots may be, lated by state laws. or with such laws as the states may respectively enact for the purpose.(z)

2. The master of any vessel coming into or going out of any port situated upon Ports upon waters waters which are the boundary between two states, may employ any pilot duly which are bounda- licensed or authorized by the laws of either of the states bounded on such waters, to pilot the vessel to or from said port.

II. Powers of councils.

3. The city councils shall *** provide from time to time for the more convenient selection and appointment, regulation and compensation, of pilots navigating to and from the said city, and for the greater security and better disposition Of vessels within the port of the same, and they may enact ordinances for the purposes in this section mentioned.

III. Licenses.

4. There shall be a meeting of the said wardens on the first Monday in every month, and at such other times as the master warden may appoint, and the said war

(z) See Gibbons v. Ogden, 9 Wheat. 207. Hobart v. Drogan, 10 Pet. 121. License Cases, 5 How. 580. Cooley v. Board of Wardens, 12 How. 299. Ex parte McNeil, 13 Wall. 236.

licenses.

ences.

dens shall have full power and authority, under the limitations hereinafter pre- 29 March 1803 § 4. scribed, to grant licenses to persons to act as pilots in the bay and river Delaware, 4 Sm. 68. and to make rules for their government while employed in that service, to decide Port wardens auall differences which may arise between masters, owners and consignees of ships or thorized to grant vessels, and pilots, except in cases hereinafter excepted, to direct the mooring of ships and vessels, in the harbor, and the order in which they shall lie, load or unTo regulate. load, at the wharves, and to make, ordain and publish such rules and regulations, To decide differand with such penalties for the breach thereof, in respect to the matters aforesaid, as they shall deem fitting and proper: Provided, That such rules and regulations shall not be contrary to the constitution and laws of the United States, or of this commonwealth: Provided also, That if any person whosoever shall conceive himself aggrieved by any decision or penalty made, given and imposed by the said wardens, such person may, except in cases hereinafter excepted, within six days appeal Appeal. therefrom to the court of common pleas of the county of Philadelphia, and on such appeal the like security shall be entered, and the like proceedings had, as in the case of an appeal from the judgment of a justice of the peace for a debt or demand not exceeding ten pounds.

Ibid. § 17.

Applicant to be

5. Every person exercising the profession of a pilot in the bay or river Delaware shall apply to the board of wardens for the port of Philadelphia for a license to entitle him to follow that occupation; and it shall be the duty of at least three examined. of the said wardens (a) to examine every person so applying as to his fitness in all respects to perform the duties of a pilot, and to grant licenses to all such as they Three classes. shall deem qualified according to their respective abilities: those of the first class, to persons capable of piloting ships or vessels of any practicable draught of water; Duration. those of the second class, to persons capable of piloting ships or vessels drawing twelve feet water or under; those of the third class, to persons capable of piloting Removal. ships or vessels drawing nine feet water or under; which licenses shall be in force for one year from the date thereof, and until the pilots respectively shall next, after the expiration of the year, arrive with any ship or vessel at the port of Philadelphia, and no longer; but every pilot delivering up his license shall be entitled to receive a new one in lieu thereof, (b) giving like security as hereinafter directed, unless it shall appear to the said wardens that the person applying is disqualified from exercising the duties of a pilot.

6. No license of the first class shall be granted to any person who at the time of passing this act, shall not be, or within three months previous thereto hath been,

Ibid. § 18.

license.

a licensed pilot, by virtue of the laws of this commonwealth, or who shall not have Qualifications for served a regular apprenticeship of at least six years to a licensed pilot; nor any license of the second class, except to persons already licensed as aforesaid, or such as shall have served an apprenticeship of at least five years in manner aforesaid; nor any license of the third class, except to persons already licensed as aforesaid, Indentures. or who shall have served an apprenticeship of at least four years in manner aforesaid; and all indentures of apprenticeship to pilots shall be recorded in the Bond. wardens' office, for which the master of such apprentice shall pay the sum of twenty-five cents, to be applied towards defraying the contingent expenses of the said wardens' office; nor shall any such license be granted until the person applying shall have given bond with one sufficient surety to the governor of the commonwealth, in any sum not exceeding five hundred dollars, nor less than three hundred dollars, conditioned for the true and faithful performance of the duties and services required by this act, and that they will not be aiding or assisting in defrauding the revenue of the United States, and that they will deliver up the license to them granted when required by the wardens in pursuance of the provisions of this act: Provided, That no person shall be entitled to a license as pilot for any branch, without first having, under the immediate inspection of his master, or a pilot of the first branch, conducted a square-rigged vessel (at least brig-rigged) twice up and twice down the river.

Ibid. § 19.

7. If any person having license as a pilot shall for the space of two weeks refuse or wilfully neglect to execute the duties of a pilot, every such pilot, upon due proof Neglect to execute thereof, shall forfeit his license; and if any pilot shall enter into any combination duties. with a view of preventing any other person from executing such duties, every such pilot being thereof duly convicted, shall forfeit his license as a pilot for the bay and river Delaware; and if it should so happen that the number of pilots necessary for

the port of Philadelphia should be reduced by decease, removal or otherwise, as to Temporary certifioccasion much inconvenience to the trade of the state, in such case the wardens of cates. the said port, or any three or more of them, are hereby empowered on such particular occasions as aforesaid to grant certificates to such person or persons as they may find qualified to act as pilots for the space of six months, subject to be renewed, if occasion should require it, and subject to the like rules, orders and regulations, and liable to the like fines, penalties and forfeitures as other pilots who shall be appointed by virtue of this act.

(a) See infra, pl. 10.

(b) Where a licensed pilot abandons the vessel, before the completion of his service, the board of

port wardens may refuse to renew his license, unless he has refunded the pilotage received from such vessel. Virden's Appeal, 6 W. N. C. 560.

permanent.

13 March 1817 § 6. 8. Whenever, for the reasons mentioned in the nineteenth section of the act to 6 Sm. 425. which this is a supplement, the wardens of the port shall grant certificates to any Temporary certifi- person to act as pilot for the term of six months, and at the expiration of that cates may be made time it shall be made to appear to the satisfaction of the said wardens that any of the persons to whom such certificates are granted are qualified to act as pilots, it shall be lawful for the wardens to grant them licenses to act as pilots for the bay and river Delaware; and the persons to whom such licenses are granted shall be entitled to all the privileges and benefits, and subject to the like rules, penalties and forfeitures as other pilots are.

29 March 1803 § 26. 4 Sm. 68.

License fee.

18 March 1817 § 1. 6 Sm. 425.

Examination of applicants.

Proviso.

7 Jan. 1864 § 1. P. L. 1141.

Six years' apprenticeship required. 11 May 1889 § 6. P. L. 188.

First-class licenses.

Number that may

be licensed of each

class.

4 Feb. 1846 § 1. P. L. 30.

without license.

9. There shall be paid by every pilot obtaining a license or branch to authorize him to act as a pilot for the bay and river Delaware, the sum of fifty cents, to be applied for the support of the wardens' office.

10. It shall be the duty of the wardens for the port of Philadelphia, on the application of any person for a license to act as a pilot in the bay or river Delaware, to take to their assistance, in the examination of such pilot, two pilots having licenses of the first class; and the person so applying shall pay to the pilots who may assist at such examination the sum of one dollar each: Provided, No license to act as pilot shall be granted to any person under the age of twenty-one years, nor unless he has served a regular apprenticeship for the term and in the manner prescribed in the eighteenth section of the act to which this is a supplement: And provided also, That this act is not to be construed to deprive persons, under the age of twenty-one years, who now have licenses, from enjoying the benefit of the

same.

11. No license shall be granted to any person to act as pilot, unless he has served a regular apprenticeship of six years on board a pilot-boat.

12. Each pilot holding a license from the board of wardens for the port of Philadelphia at the time of the passage of this act, shall be entitled to demand and receive a license as first-class pilot, and to demand and receive renewals thereof from time to time thereafter; but no other person shall receive a license as a first-class pilot till the number of first-class pilots be reduced to less than forty, so that the whole number of first-class licensed pilots shall not exceed forty. The whole number of second-class licensed pilots shall not exceed ten at any one time, and the number of apprentices at any one time shall not exceed five.

13. If any person shall undertake to pilot any vessel in the bay or river Delaware (except vessels under seventy-five tons burthen), or shall in any manner exercise, Penalty for acting or attempt to exercise, the profession of a pilot in said bay or river, without a license duly granted by the board of wardens of the port of Philadelphia, or after such license has expired, every person so offending shall, upon conviction thereof, be imprisoned for not less than one month, nor more than one year, and be fined any sum not exceeding two hundred dollars, at the discretion of the court: (c) Provided, Nothing in this act shall be so construed as to prevent the captain of any vessel from acting as his own pilot, subject to the provisions of the act of the twenty-ninth of March, one thousand eight hundred and three; nor shall this act be so construed as to require captains of vessels to take pilots, who, by existing laws, are now exempt from so doing.

Ibid. § 2. Proceedings.

Ibid. § 3. Security required.

14. Warrants for such offenders may be issued upon oath, by any alderman of the city or county of Philadelphia, or by the mayor or recorder of said city, and upon due proof of probable cause, the offender shall be bound over with security in due form of law, for trial at the next court of quarter sessions of the said county, upon which court jurisdiction for the trial thereof, and of all matters connected therewith, is hereby conferred.

15. The court of quarter sessions, or the magistrate before whom the offender is so brought, may, at his discretion, also require him to give security, in such sum and in such time as he may deem requisite,. that he will not in any respect violate the first section of this act.

IV. Oath.

14 May 1861 § 1. P. L. 745.

16. Every person exercising the profession of a pilot in the bay or river Delaware, under a license duly granted, or may be hereafter granted by said board of wardens To make oath be- of the port of Philadelphia, shall, immediately after the passage of this act, take and subscribe an oath or affirmation, before the master warden of said port, who is hereby authorized and empowered to administer the same, that he will support the constitution of the United States, and the constitution and laws of Pennsylvania, and well and faithfully perform his duty as a pilot.

fore the master warden.

Ibid. § 2.

Or license to be cancelled.

17. In case any pilot, licensed under the provisions of the act to which this is a supplement, and the supplement thereto, shall neglect or refuse to take and subscribe the oath or affirmation herein provided, after notice having been given by the master warden, it shall be the duty of the master warden to withdraw and

(c) In a prosecution for acting as pilot, without a license, it is a question for the jury, whether the contract was one of pilotage or of towage; and if the

latter, whether colorable only. Commonwealth v. Sheriff, 13 Phila. 446.

PILOTS.

P. L. 745.

cancel the license of such pilot; and it shall not be lawful for any pilot so refusing 14 May 1861 § 2.
or neglecting to take and subscribe the oath or affirmation aforesaid, to perform
the duties of a pilot in the bay or river Delaware.

18. It shall be the duty of the master warden to give each pilot who has taken and subscribed the oath as aforesaid a certificate of the same, which certificate shall be attached to the license, and a record of the same kept in the wardens' office.

V. Duty to take pilot.

Ibid. § 8.

Certificate of oath.

P. L. 229.

19. Every vessel arriving from or bound to any foreign port or place, and every 24 March 1851 § 5. vessel of the burthen of one hundred tons or upwards, sailing from or bound to any port not within the river Delaware (except licensed coasting vessels sailing from Certain vessels pilot. this port), shall be obliged to take a pilot; and it shall be the duty of the master required to take of every such vessel, within thirty-six hours next after his arrival at said port of Philadelphia, to make a report to the master warden of the name of such vessel, her draught of water, and the name of the pilot who shall have conducted her to Master to report. this port; and when any such vessel shall be outward bound and not duly licensed

to coast, the master of such vessel, and the pilot who is to conduct her to the capes, Record. and her draught of water at that time; and it shall be the duty of the wardens to

enter every such vessel (reported as aforesaid) in a book to be by them kept for Penalty for not that purpose; and if the master of any such vessel shall neglect or refuse to make making report. such a report, he shall forfeit and pay the sum of ten dollars, and no more.

P. L. 229.

When not incurred.

20. If the master of any such vessel, being licensed as a coasting vessel and of 24 March 1851 § 5. the burthen of one hundred tons or more, shall refuse or neglect to take a pilot, the master, owner or consignee of such vessel shall forfeit and pay the sum equal Penalty for refusto half-pilotage(d) of such vessel; and if such vessel be not licensed as aforesaid, ing to take pilot. then in such case the master, owner or consignee thereof shall forfeit and pay the full pilotage thereof: Provided always, That whenever it shall appear to the wardens that in the case of an inward-bound vessel, should a pilot not offer before such vessel reached the Brandywine lighthouse bearing east, or in case of an outwardbound vessel that a pilot could not be obtained for twenty-four hours after such vessel was ready to depart, the penalty aforesaid for not having a pilot shall not be incurred.(e)

P. L. 188.

21. A vessel inward-bound, to any port or place on the bay or river Delaware, 11 May 1889 § 1. which is not spoken or offered the services of a pilot outside of a straight line drawn from Cape Henlopen Light to Cape May Light, shall be exempt from the When an inwardempt from taking duty of taking a pilot, and the vessel as well as her master, owner, agent or con- bound vessel is exsignee shall be exempt from the duty of paying pilotage, or half-pilotage, or any a pilot. penalty whatsoever in case of her neglect or refusal to do so.

Ibid. § 7.

22. That section sixth of the act of eighth June, one thousand eight hundred and eighty-one, entitled "A further supplement to an act, entitled 'An act to Repeal of act establish a board of wardens for the port of Philadelphia, and for other pur- 8 June 1881 § 6. poses,' approved March twenty-ninth, one thousand eight hundred and three," be and the same is hereby repealed, and that all laws or parts of laws heretofore passed, inconsistent with the provisions of this act, are hereby repealed.

Ibid. § 3.

Vessels calling for

23. Every ship or vessel bound to the Delaware breakwater for orders shall be obliged to receive a pilot, provided she is spoken or a pilot offers his services, out- orders. side of a straight line drawn from Cape Henlopen Light to Cape May Light. 24. Nothing contained in any act of assembly shall be so construed as to require 28 April 1851 § 26. any vessel engaged in the Pennsylvania coal trade to pay any health fee or halfpilotage either inward or outward bound.(g)

P. L. 728. Vessels in the coal trade.

P. L. 54.

25. Any American vessel, carrying not less than her registered tonnage of 8 June 1881 § 6. Pennsylvania coal, whether with or without other cargo, shall be exempt from the duty of taking a pilot, and the vessel, as well as her master, owner, agent, or con- with or without signee, shall be exempt from the duty of paying pilotage, or half-pilotage, or any other cargo. penalty whatever, in case of her neglect or refusal so to do.

P. L. 188.

26. Any American vessel solely coal laden, with coal mined in the United 11 May 1889 § 5. States, shall be exempt from the duty of taking a pilot, and the vessel as well as her master, owner, agent or consignee, shall be exempt from the duty of paying To be solely laden pilotage or half-pilotage or any penalty whatsoever in case of his neglect or refusal so to do.

with coal.

P. L. 229.

27. No duly licensed coasting steamboat, or propeller steamboat, sailing to or 24 March 1851 § 4. from any port within this state, and no duly licensed coasting vessel of the burthen of one hundred tons or under, and bound to any port within this state, Coasting vessels. shall be obliged to take a pilot, (h) or to pay any pilotage therefor.

(d) A state law, imposing the payment of halfpilotage fees upon a vessel that refuses to take a pilot, is not unconstitutional. Cooley v. Board of Wardens, 12 How. 299. Collins v. Society for Relief of Distressed and Decayed Pilots, 73 P. S. 194.

(e) The twenty-ninth section, act 29 March 1803, 4 Sm. 76, and the act 2 April 1804, § 1, 4 Sm. 186, seem to be supplied by this section.

(g) A vessel carrying coal for a single trip is within the act. Board of Wardens v. Sears, Com. Pleas, Phila., January 1845. MS. See War. Op. 1885, 48.

(h) The fact that a ship is in charge of a pilot does not relieve her owners from liability for a collision, Bussy v. Donaldson, 4 occasioned by negligence. Dall. 206. The owners of a steamer are liable for a