11 May 1889 § 4. P. L. 188. of taking pilot. 28. Vessels employed in and licensed for the coasting trade shall be exempt from the duty of employing a pilot, and the vessels as well as their masters, Exempt from duty Owners, agents or consignees, shall be exempt from the duty of paying pilotage, half-pilotage or any penalty whatsoever, in case of their neglect or refusal so to do, except ships or vessels under register, bound to or from the states or territories of the United States on the Pacific ocean; but a coastwise vessel, voluntarily taking a pilot, shall pay the same fees for pilotage as prescribed in the case of a vessel bound to or from a foreign port. 29 March 1803 § 80. 4 Sm. 77. Vessels detained by ice may discharge pilot. 29 March 1803 § 21. 4 Sm. 74. Pilot first offering. To exhibit license to master. 29. When any inward-bound ship or vessel, having a pilot on board, shall be detained by ice and conducted by him to a place of safety, it shall and may be lawful for the master of any such ship or vessel, after being so detained for fortyeight hours, to discharge his pilot, and in such case the pilot shall be entitled to receive and recover full pilotage, as if he had conducted such ship or vessel to the port of Philadelphia; and in case such pilot shall be detained more than fortyeight hours, his compensation for such detention shall be two dollars per day for every day he shall be so detained. VI. Regulations. 30. The pilot who shall first offer himself to any inward-bound ship or vessel shall be entitled to take charge thereof :(i) Provided, His license shall authorize him to pilot ships or vessels of such draught of water, and it shall be the duty of such pilot if required to exhibit his license to the master or commander of such ship or vessel, and in case the draught of water of such ship or vessel shall be greater than such pilot shall be licensed to carry, he may, nevertheless, with the consent of the master, take charge of such ship or vessel until a pilot duly qualified shall offer; and if such qualified pilot shall offer, before such ship or vessel shall have passed Reedy island, he shall be received, and the former pilot entitled to pilotage according to the distance he may have conducted such ship or vessel, and Master to display the latter to the residue of the pilotage, which shall be ascertained by the master signal. warden for the time being; and the master or commander of such ship or vessel shall display the signal for a pilot heretofore used, until a pilot duly qualified shall offer; and if the said master or commander shall neglect or refuse so to do, or shall refuse or neglect to receive a pilot duly qualified,(k) the master, owner or consignee of such ship or vessel shall forfeit and pay to the wardens aforesaid a sum Extraordinary ser- equal to the half-pilotage of such ship or vessel, to the use of the society for the relief of distressed and decayed pilots, their widows and children, to be recovered as pilotage in the manner hereinafter directed, and in all cases when extraordinary services have been rendered by any pilot or pilots, the board of wardens shall, in case the parties cannot agree, determine the compensation to be allowed for such services; and the pilot shall inform the master of every vessel he shall conduct to the port of Philadelphia of the rules and regulations necessary in reporting at the wardens' office. vices. 20 May 1864 § 5. P. L. 907. Master to give draught to pilot Penalty. 29 March 1803 § 22. 4 Sm. 75. bound vessel to remain 24 hours at the capes. 31. Masters of vessels shall give an account to the pilot when boarding of the draught of such vessel, and in case he shall misrepresent said draught and give it as less than the actual draught, he shall forfeit and pay the sum of twenty-five dollars, to be sued for and recovered before any alderman of the city of Philadelphia, by the master warden, who shall pay the same over when collected to the society for the relief of decayed pilots, their widows and orphans, he first having deducted the expenses incurred in recovering the same. 32. It shall be the duty of every master or commander of a ship or vessel outward-bound from the port of Philadelphia, and he is hereby required, to remain Master of outward- twenty-four hours after his arrival at the capes, to give to the pilot on board such ship or vessel an opportunity to be taken out; and if the master or commander of such ship or vessel refuse so to do, and if the same can be done without endangering the vessel aforesaid, the master, owner or consignee of such ship or vessel shall forfeit and pay to such pilot, his executors or administrators, any sum not exceeding eight hundred dollars, to be recovered in any court of record in which the same may be sued for, by action of debt or otherwise. Penalty. Ibid. § 28. Compensation of pilots carried to sea. 33. If it shall so happen that any first-rate pilot, having a boat attending him, shall be carried to sea in any ship or vessel contrary to his inclination by stress of weather or other unavoidable accident, the master, owner, or consignee of such ship or vessel shall pay to such pilot, his executors, or administrators, the same wages as the master of the said vessel receives, until the return of said pilot to the said capes; or, in case he shall die while so absent, then to the time of his death; and if any second-rate pilot shall be carried off as aforesaid, the same wages as the first mate of such vessel receives; and if any third-rate pilot shall be carried off as aforesaid, the same wages as the seamen of such vessel receive; and if any pilot as collision which happened through the default of their pilot; but they have a remedy over against him. Campbell v. Williamson, 1 Phila. 198. There is no act of assembly requiring vessels that are empty to take the outer berth. West's Op. 1883, 6. (i) Pilotage into the Delaware bay and river is compulsory, no matter to what port the vessel may be eventually bound. War. Op. 1884, 111. (k) See act 24 March 1851, supra, pl. 16. 4 Sm. 75. aforesaid, not having a boat attending him, shall be carried to sea as aforesaid, he 29 March 1803 § 28. shall be paid one-half the wages he would have been entitled to had a boat been attending. Ibid. § 24. 34. When any inward-bound ship or vessel, having a pilot on board, shall be prevented by the ice or by any other cause from proceeding to the port of Philadel- Vessels prevented phia, and shall be compelled to proceed to some other port or place not in the bay by ice from coming and river Delaware, the pilot shall be entitled to receive and recover from the to Philadelphia, on owner or consignee of such ship or vessel full pilotage, as if he had conducted such another port, to be proceeding to ship or vessel to the port of Philadelphia, and shall also receive the sum of eight liable for full pilotcents for each and every mile he shall travel to his usual place of abode. age. 35. There shall be allowed two dollars per day to every pilot of any ship or Ibid. § 25. vessel compelled to perform quarantine, for every day he may be detained, to be paid by the master, owner, or consignee of any such ship or vessel; and the pilot of pilot at quarantine. Compensation of such ship or vessel shall not be discharged in less than six days without his consent. 36. Every pilot who shall pilot any ship or vessel to the port of Philadelphia Ibid. § 33. shall, within forty-eight hours next after her arrival at the said port, make report Pilot to report thereof to the wardens' office, specifying the name of the master and vessel, and, to vessels at wardens' the best of his information, the number of persons on board such vessel; and if office. any pilot shall neglect or refuse so to do, or knowingly make a false report, he shall forfeit and pay for every such offence the sum of twelve dollars, for the use of Penalty. decayed pilots, their widows and children, to be recovered as other fines and forfeitures are by this act recoverable. Ibid. § 34. 37. If any pilot endeavoring to assist or relieve any ship or vessel in distress shall suffer loss or damage in his boat, her sails, tackle, rigging, or appurtenances, Loss occasioned by the master, owner, or consignee of such ship or vessel shall be liable to pay such endeavoring to repilot the value of such loss or damage, to be ascertained by the board of wardens, lieve vessel. as to them shall appear just. VII. Misbehavior. 4 Sm. 77. 38. If any pilot shall misbehave in the execution of his duty, so that damage 29 March 1808 § 81. shall accrue by reason of his negligence or incapacity, it shall and may be lawful for the person or persons injured or aggrieved to complain to the wardens, who Wardens may fine shall thereupon appoint a time and place of hearing, () of which due notice shall for misbehavior. be given to such pilot, and upon due proof being made thereof to the wardens, it shall be lawful for them to fine such pilot in any sum not exceeding the amount of the pilotage of the ship or vessel to which such damage shall have happened for the use of decayed pilots, their widows and children, or to suspend such pilot for any term which the wardens may think proper; and in every case of suspension Owner may recover damages. the pilot shall deliver up his license to the wardens to be by them kept till the time for which he may have been suspended shall have expired: Provided always, That nothing herein contained shall be so construed as to prevent the owner or consignee of any vessel, or any other person or persons from recovering his or their damages in any court having jurisdiction of the same. 39. It shall not be lawful for any licensed pilot to demand, ask or receive for 29 March 1813 § 4. the pilotage of any vessel, or for any other services for which compensation is fixed 6 Sm. 87. by law, a greater sum than is authorized by this act and the act to which this is a Demanding more supplement; and it shall be the duty of the wardens of the port of Philadelphia, than legal pilotage. whenever it shall have been satisfactorily proven to them that any licensed pilot had demanded, asked or received, for the pilotage of any vessel, or his services on board any vessel, a greater sum than is authorized by this act, to deprive such pilot of his license for the term of one year from the time when proof thereof shall have Penalty. been made to them. 6 Sm. 425. Intoxication. 40. On satisfactory proof being made to the wardens, on oath or affirmation 18 March 1817 § 4. (which oath or affirmation the master warden is hereby authorized to administer), that any pilot, whilst having charge of a ship or vessel, was intoxicated with drink, it shall be the duty of the said wardens to suspend such pilot for any term not less than one year, and in case of such suspension the pilot shall deliver to the wardens his license, to be by them kept till the time for which he may have been suspended shall have expired; and if any pilot, who may have been suspended for the reason Second offence. aforesaid, shall, by satisfactory proof being made to the wardens in the manner aforesaid, be convicted a second time of being intoxicated with drink, whilst having charge of any ship or vessel, such pilot shall be deprived of his license, and be forever thereafter incapable of acting as a pilot for the bay and river Delaware: Provided, That nothing herein contained shall be construed so as to prevent the owner or consignee of any ship or vessel, or any other person or persons, from recovering in any court having jurisdiction of the same, for any loss or damage he, she or they may sustain in consequence of such misconduct on the part of the pilot.(m) P. L. 141. 41. Whenever any proceedings shall be had before the said board of wardens for 19 March 1888 § 46. the port of Philadelphia, against any pilot, under the thirty-first section of the act entitled "An act to establish a board of wardens for the port of Philadelphia, and (1) See infra 41. it a misdemeanor to pilot vessels conveying goods, (m) The act 4 February 1846, § 4, P. L. 30, makes provisions or merchandise, contraband of war. 19 March 1888 § 46. for the regulation of pilots and pilotages, and for other purposes therein men P. L. 141. Commissioner to try proceedings against pilots. Appeal. 11 May 1889 § 1. P. L. 188. Rates of pilotage. Ibid. § 2. Detention charge. Ibid. § 3. Pilotage of vessels bound to the break water for orders. Proceeding to Philadelphia after discharge of pilot. P. L. 54. 8 June 1881 § 4. No extra charge for winter pilotage. 29 March 1803 § 28. 4 Sm. 76. tioned," passed March twenty-ninth, one thousand eight hundred and three, it shall be the duty of the said board to apply to the court of common pleas of the city and county of Philadelphia to appoint one commissioner learned in the law, whose duty it shall be to attend, at the time and place of hearing the complaint, to the said wardens, and reduce the testimony taken before them relating thereto in writing, which testimony shall be certified to the said court, under the hand and seal of the said commissioner; and if any pilot shall feel himself aggrieved by any decision of the said board in the premises, he shall have the right to appeal to the said court of common pleas from the decision of the said board, and the said court shall de-* cide upon the said appeal solely upon the testimony taken before the commissioner appointed by the said court; and, in case any pilot shall have been fined or suspended by the said board, upon any such complaint, he shall pay such fine, give up his license, and remain suspended, according to the decision of the said board, until the said decision shall be reversed by the said court of common pleas, or the suspension expire by its own limitation; and all costs attending such appeal shall be paid or secured to be paid by the appellant. VIII. Pilotage. 42. From and after the passage of this act, the rates of pilotage for conducting a vessel from the capes of the Delaware to the city of Philadelphia or other place on the river Delaware, and from the city of Philadelphia or other place on the river Delaware to the capes of the Delaware, in either case, shall be for every half foot of water which a vessel shall draw, under, up to and including twelve feet, the sum of one dollar and eighty-seven cents per half foot, and for every vessel drawing over twelve feet the sum of two dollars and twenty-five cents per half foot of water. An increase of ten per centum from the said rates shall be paid to the pilot whenever he shall speak an inward-bound vessel, at any point east of the Five Fathom Bank Light-ship, or north of Hereford Inlet Lighthouse, or south of Fenwick's Island Light-house; and a deduction of ten per centum from the said rates shall be made when an inward-bound vessel is first spoken by the pilot inside of a straight line drawn from Cape May Light to Cape Henlopen Light. 43. In case a pilot having charge of a vessel, and whilst conducting said vessel be detained, either by order of the master, owner or consignee of the vessel or by ice or by any other unavoidable circumstance, not personal to himself, the pilot shall receive compensation for such detention at the rate of three dollars per day, for each and every day so detained, commencing at a period of twentyfour hours from the time the detention first occurred. 44. Every ship or vessel bound to the breakwater for orders shall pay pilotage fees as follows: A sum equal to half the pilotage to the port of Philadelphia, and she shall be obliged to take a pilot and pay the same pilotage fees when outward bound, from the breakwater, and if such ship or vessel, without discharging her pilot, proceed to the port of Philadelphia or any other port or place on the bay or river Delaware, only one full pilotage fee as fixed by the first section of this act, for the entire service, in addition to the fee for detention: Provided, however, If the pilot bringing such ship or vessel to the breakwater be there discharged, and the ship or vessel afterward proceed to Philadelphia or any other port or place on the bay or river Delaware, she shall make the usual signal for a pilot and continue to make such signal till reaching Brandywine Light, and if spoken by, or offered the service of, a duly licensed Pennsylvania pilot before reaching Brandywine Light, shall be obliged to employ such pilot and pay him at the rate of one dollar and eighty-seven cents for every half foot of water she shall draw, under, up to and including twelve feet, and for every vessel drawing over twelve feet, the sum of two dollars and twenty-five cents per half foot of water, which shall be in addition to the fees paid for bringing her into the breakwater and for detention, if any; such fees to be collected as other fees for pilotage are now collected. 45. No additional charges shall be made for winter pilotage. 46. The compensation to be paid to pilots for conducting to or from the city of Philadelphia all dismasted, or otherwise crippled vessel or vessels, which shall have Pilotage of crippled been in anywise injured so as to occasion to the said pilots any extraordinary care or trouble, shall not exceed double the amount which they otherwise would have been entitled to, of which the board of wardens shall judge. vessels. 13 April 1844 § 1. P. L. 270. On armed vessels. 29 March 1872 § 2. P. L. 29. Port wardens to settle disputes. Appeal. 47. The rate of pilotage on all armed vessels belonging to the United States or belonging to foreign nations shall be five dollars for every foot of water which such vessels shall draw. 48. In case of a disagreement between the master, owner, or consignee and the pilot, the board of wardens for the port of Philadelphia shall be empowered to settle all matters relative to the business of pilotage, subject to the laws heretofore enacted by this commonwealth, giving the parties feeling aggrieved, by any action of the wardens, a right to appeal within thirty days to the court of common pleas P. L. 29. for the city and county of Philadelphia, setting forth the facts of the case, and the 29 March 1872 § 2. ground of the petitioner's complaint; after due notice to the parties interested and a hearing thereof the court shall determine the subject-matter, and shall make such order in the premises as they may think the board of wardens for the port of Philadelphia should have made, and to make such order for the payment of costs by one or more of the parties to the proceedings, as justice may require. IX. Suits to recover. 4 Sm. 78. 49. It shall and may be lawful, upon complaint made by any pilot to the mayor 29 March 1803 § 82. or any alderman in the city of Philadelphia, or to any justice of the peace in any county within this commonwealth, and they are hereby respectively empowered Proceedings before and required to issue forth a precept in writing, under hand and seal, in nature of justice. a summons, capias or attachment, as the case may require, directed to any constable, commanding him to bring or cause to come before such mayor, aldermian or justice, any person or persons against whom such complaint shall be made, respecting any demand on masters of vessels, owners, consignees or others, respecting pilotage, or other claims as pilots, and thereupon proceed to hear the proofs and Appeal. allegations of the said parties, or such of them as shall appear, and to determine and pass judgment thereon, where the same shall not exceed the sum of twentysix dollars and sixty-seven cents, in like manner as debts not exceeding ten pounds are by the laws of this commonwealth recoverable, and subject to the like appeal, security, trial and costs, and that all such claim or demand, for a sum or sums of money exceeding twenty-six dollars and sixty-seven cents, shall be sued for and recovered with costs of suit, by action of debt, case, bill, plaint or information, in any court of record within this state. (n) 24 Feb. 1820 § 1. 7 Sm. 252. 50. Ships and vessels of all kinds shall, and they are hereby declared to be liable and chargeable for debts due by the owners, masters or consignees thereof, for or on account of inward pilotage; and it shall be lawful for any pilot or pilots to Vessels liable for whom any such inward pilotage shall be due and owing, to file a libel against such inward pilotage. ship or vessel, her tackle, furniture, and apparel, in the district court for the city Libel may be filed. and county of Philadelphia, or in the court of common pleas of the proper county in which such ship or vessel may be; whereupon process shall issue and such proceeding shall be had for the recovery of such debts as are usually had in courts of admiralty for the recovery of mariners' wages. Ibid. § 2. 51. The penalties imposed upon masters of ships or vessels by the twenty-ninth section (o) of the act to which this is a supplement, may be recovered in the manner in which debts due for inward pilotage are made recoverable by the first alties recoverable section of this act. 52. Whenever any ship or vessel shall be libelled as aforesaid, the master, owner or consignee of such ship or vessel, or his or their agent, may appear in the court in which the libel may have been filed, and enter into stipulation, with sufficient sureties, to answer such demands as shall have been filed against such ship or vessel, and thereupon such ship or vessel shall be discharged from the arrest: Provided, That no ship or vessel shall continue to be chargeable for inward pilotage, or for any penalty incurred as aforesaid, by the master of any ship or vessel, longer than the time which shall intervene between the performance of the service of inward pilotage, or the neglect or omission incurring the penalty, and the departure of such ship or vessel to sea. Certain other pen by libel. Ibid. § 3. Master may enter security. P. L. 280. recover. 53. All sums due for pilotage, half-pilotage and all other claims and penalties, 24 March 1851 § 6. in the nature or in lieu thereof, shall, as they accrue, become and remain a lien upon the vessel chargeable therewith, her tackle, apparel and furniture, until they All pilotage to be are paid; and for the recovery thereof, in addition to the remedies now provided a lien. (and which shall remain as heretofore), such process and proceedings shall issue and be had in the court of common pleas of Philadelphia county, (p) or in any Proceedings to court possessing admiralty jurisdiction, as are usually had in courts of admiralty for the recovery of seamen's wages; and all half-pilotage, forfeitures and penalties in the nature thereof, accruing by virtue of this act, and all other debts, claims and demands, to which the society for the relief of distressed and decayed pilots, their widows and children, is legally or equitably entitled to, under any law whatever, shall be recovered in the name and for the use of the said society, to whom, or to whose agent duly constituted, the same shall be paid: Provided, That in all suits and proceedings to which "the society for the relief of distressed and decayed pilots, their widows and children," shall be a party, no person shall be incompetent to testify as a witness, because of his being a member thereof. (n) Indebitatus assumpsit does not lie for pilotage, where the plaintiff left the vessel, by the master's order, though the latter agreed to pay pilotage, if liable by law; the declaration must be on the special agreement. Donaldson v. Fuller, 3 S. & R. 505. (0) By the act 8 April 1826, 9 Sm. 163, all fines and penalties are payable to "The secretary for the relief of poor and distressed masters of ships, their widows and children." (p) The wages of a pilot, engaged in a foreign port, are a lien upon the vessel, together with a reasonable amount for his passage home. The Santissima Trinidad, Hopk. Dec. 35; s. c. Bee, 353. But the jurisdiction is in the United States courts alone. This attempt to give jurisdiction to the state courts is unconstitutional. Rutherford v. Ornen, 2 W. N. C. 122. PIPE-LINE COMPANIES. See CORPORATIONS; PETROLEUM. 1. Power to hold real and personal property. To acquire right of way. When municipal license required. Crossing of railroads and canals. How fee acquired. When pipes to be laid under ground. Damage by leakage. How tanks to be protected. 2. Proceedings where parties cannot agree as to damages. Viewers to be appointed. Report of damages. Subsequent injuries. Costs and expenses. Security for damages. Appointment of viewers. Appeals. Trial of issue. Definition of "owner." 2 June 1883 § 2. P. L. 61. erty. way. When municipal license required. 3. Consolidation of competing lines prohibited. 4. Acquisition of controlling interest in another line to work a forfeiture. 5. How enforced. Appeal. Receiver. Bond. Effect of final decree. Sheriff's sale. Notice. Competing line disqualified to purchase. 6. Distribution of purchase-money. 9. Rights and duties of purchasers. 1. All companies incorporated, or hereafter to be incorporated, under the provisions of the act to which this is a supplement, for the purpose of the transportaPower to hold real tion and storage of oil, by means of pipe-lines and tanks, for the public, shall and personal prop- have the power to take, hold, purchase and transfer such real and personal property as the purposes of the corporation may require, not exceeding the amount limited by its charter, together with the right to appropriate and take lands, easeTo acquire right of ments and rights of way for locating and constructing steam-pumps, tanks, pumphouses and offices, and laying down its pipes or tubes, connections and branches, from any point or points in any of the counties in which petroleum is produced, to any railroad, canal, navigable river, port or city within this commonwealth, and for all necessary purposes of the corporation, including right to cross railroads, and the right to appropriate a right of way and locate its pipes or tubes upon and over, under and across any lands, waters, streams, rivulets, roads, turnpike-roads, canal or other public highway, not, however, passing through any burying-ground or place of public worship, or any warehouse, mill, manufactory, store or dwellinghouse, without the consent of the owner or owners thereof being first had and obtained: Provided, That when said pipe-line is located through, over, under or upon the streets, lanes, alleys or highways within the corporate limits of any city or borough, the consent of the municipal authorities to said location shall be first had and obtained, which consent said municipal authorities are hereby empowered to give upon terms to be agreed upon by said city or borough authorities and said corporation: And provided further, In case said pipes cross any railroad or canal, the same shall be located under or above the same, so, however, as not to interfere with the use of the same: Provided further, That corporations organized under How fee acquired. this act and its supplements, shall not take a fee in any lands acquired under any of its provisions, except such as are acquired by actual purchase, and that upon the abandonment for the purposes of transporting oil, any lands taken by any company organized under the act to which this is a supplement and its supplements, said lands so taken, otherwise than by actual purchase, shall revert to the original owners or their successors: And provided further, That any pipe-line, so laying its pipes under the provisions of this act, in occupying any lands cleared and used for agricultural purposes, shall bury the same at least twenty-four inches below the surface, and if any line of pipe shall be laid over or through any waste or woodland, which shall afterwards be changed from waste or woodland to farming land, then it shall be the duty of the pipe-line company to immediately bury the pipe, to the depth of at least twenty-four inches as aforesaid: Provided, That all pipe-lines shall be laid above the flood lines, or beneath the bed, in crossing creeks and rivulets: And provided further. That any company laying a pipe-line under the provisions of this act shall be liable for all damages occasioned by leakage, breaking of pipes or tanks: Provided further, That all tanks erected for the storage or transportation of oil, shall be protected and surrounded by ditches and embankments, so that, in case said tanks should break or be broken, the oil stored cannot damage adjoining property. Crossing of railroads and canals. When pipes to be laid under ground. Damages by leakage. How tanks to be protected. Ibid. § 3. Proceedings where parties cannot agree as to damages. 2. In all cases, when under the provisions of this act, said corporation is permitted to take lands or property for the public purposes of said corporation, or to acquire a right of way easement, for the purpose of locating its pipes or branches over, upon, under or across any lands, streams, rivulets, roads, turnpike-roads, railroads, canals, or other highways, and the said corporation cannot agree with the owner or owners of any such lands, road, turnpike-road, railroad, canal or other highway or franchise, for the compensation proper for the damage done, or likely to be done to or sustained by any such owner or owners of said waters, streams, land, road, turnpike-road, railroad, land or other highways, which such corporation may enter upon, use in pursuance of the authority herein given, or by reason of the absence or legal incapacity of any such owner or owners, no such compensation can be agreed upon, the court of common pleas of the proper county, on |