of pilotage, which shall be in proportion to a vessel's draught of water. 1847, 279, § 2. Such rules and regulations, after being approved by the governor and 1855, 421, § 6. council, and published one week in one of the newspapers printed in the city or county to which they apply, shall be in full force. All existing rules and regulations not inconsistent herewith, shall continue in force until altered, amended, or repealed, as above provided. The commissioners shall, at least twice a year, at their own expense, publish all the regulations in force concerning the pilotage of the state; and shall cause the regulations and laws concerning pilots and pilotage to be observed and executed. SECT. 14. They shall keep a record of all their official acts, and annu- Commissioners ally on or before the fifteenth day of October shall make a report to the to keep record. secretary of the commonwealth of their proceedings for the year ending on the last day of the preceding month. 1855, 421, § 7. 1857, 40. 1858, 46. a Vessels of 200 tons and under, lotage. SECT. 15. Vessels of two hundred tons and under, sailing under register in any of the navigable waters or ports of the state, shall be held to pay only one-half of the rates of pilotage to which vessels of that class are at the time liable. to pay half pi 1857, 221, § 1. empt. SECT. 16. No single-decked vessel of three hundred and fifty tons Vessels exand under sailing under a coasting license, shall be liable to pay com- 1867, 221, § 2. pulsory pilotage for any navigable waters or ports of this state; but if the services of a commissioned pilot are voluntarily requested or accepted for the conduct of such vessel, they shall be paid for at the rates and in the manner prescribed by the regulations of the pilot commissioners. SECT. 17. Vessels taking steam towage into or out of a port or har- Pilotage of vesbor of this state, by direction of the owner or master, shall pay full pilot- steam towage. sels taking age; but when steam towage is taken by request of the pilot, the vessel 1857, 221, §3. shall be liable to pay only seventy-five per cent. of the rates of pilotage to which such vessels would otherwise be liable. SHIP OWNERS, MARINERS, AND CHARTERERS. SECT. 18. No ship owner shall be answerable, beyond the amount of his interest in the ship and freight, for any embezzlement, loss, or destruction, by the master or mariners, of goods, wares, or merchandise, or any property put on board of his ship or vessel, nor for any act, matter, or thing, damage, or forfeiture, done, occasioned, or incurred, by the master or mariners, without his privity or knowledge. ship owners, how far answer R. S. 32, § 1. for embezzle. R. S. 32, § 2. SECT. 19. If such embezzlement, loss, or destruction, is suffered by Contribution several freighters or owners of goods, wares, or merchandise, or any ment, loss, &c., property whatever, on the same voyage, and the whole value of the ship in certain cases. or vessel and her freight for the voyage, is not sufficient to make compensation to each of them, they shall receive compensation from the owner of the ship, in proportion to their respective losses; and for that purpose, the freighters and owners of property, and the owners of the ship or vessel or any of them, may prosecute a suit in equity for a discovery of the amount of the loss or damage, and of the value of the ship and freight, and for the equal distribution and payment of the sum for which the owners of the ship may be liable, among the parties entitled to the same. deemed owner, SECT. 20. The charterer of a vessel, if he navigates such vessel at Charterer to be his own expense, shall be deemed the owner within the meaning of the &c. two preceding sections. SECT. 21. Nothing contained in the preceding sections, shall take away or affect the remedy to which a party is entitled against the master or mariners, on account of the embezzlement, loss, or destruction, of goods, wares, or merchandise, or any property, on board of a ship or vessel, or on account of fraud or malversation of such master or mariners. R. S. 32, § 3. Preceding pro- visions not to Boarding certain vessels without leave. Penalty. 1857, 139, §§ 1, 3. Persisting when forbidden, &c. Penalty. 1857, 139, §§ 2, 3. Enticing crew to leave, &c. Penalty. 1857, 139, § 4. persons to leave who have received advancements. 1857, 139, § 5. Seamen exempt debt to land lord, &c. 1859, 235. SECT. 22. Any person except a pilot or public officer, who boards or attempts to board a vessel arriving in Boston Harbor, Salem Harbor, Fall River Harbor, or the harbor of New Bedford and Fairhaven, before such vessel has been made fast to the wharf, without obtaining leave from the master or person having charge of such vessel, or leave in writing from her owners or agent, shall forfeit a sum not exceeding fifty dollars for each offence. SECT. 23. Whoever without such leave, and without authority of law, boards a vessel in either of said harbors after having been ordered not to do so by a person having charge of such vessel at the time, or having boarded such vessel refuses or neglects to leave her when ordered so to do by the person having charge of such vessel, shall forfeit a sum not exceeding fifty dollars. SECT. 24. Whoever entices or persuades, or attempts to entice or persuade, any member of the crew of a vessel arriving in, or about to sail from, either of said harbors, to leave or desert said vessel before the expiration of his term of service therein, shall forfeit a sum not exceeding fifty dollars for each offence. SECT. 25. Whoever knowingly and wilfully persuades or aids any person who has shipped on a voyage from a port in this state, and received advanced wages therefor, wilfully to neglect to proceed on such voyage, shall forfeit a sum not exceeding one hundred dollars. SECT. 26. No seaman or mariner who has shipped for, or entered from arrest for into contract for a voyage, from any port in this commonwealth, shall be liable to arrest on mesne process on account of a debt or obligation to any landlord or boarding-house keeper; nor shall such landlord or boarding-house keeper detain, or have a lien upon the wearing apparel or other property of such seaman or mariner, or hinder, obstruct, or delay him in the performance of said contract of shipment, under a penalty of not exceeding two hundred dollars. Penalties, how rest. 1857, 139, § 6. SECT. 27. When either of the offences mentioned in the five precedrecovered. Ar- ing sections is committed in Boston or Boston Harbor, the penalty may be recovered by complaint in the police court of Boston; when in Salem or Salem Harbor, in the police court of Salem; when in Fall River or Fall River Harbor, in the police court of Fall River; when in New Bedford or Fairhaven, or in the harbor of New Bedford and Fairhaven, in the police court of New Bedford. Whoever commits any such offence may be arrested without warrant by any officer qualified to serve criminal process in the city where the offence may be tried: provided, he shall be forthwith brought before the court. Harbor limits. 1857, 139, § 7. 6 Cush. 368. Word "vessel" Weighers of lighters, &c. R. S. 31, § 1. 11 Met. 59. See § 39. SECT. 28. For the purposes of the six preceding sections, the outer limits of Boston Harbor, for vessels bound thereto, shall be line drawn from Harding's Rock to the Outer Graves, and from thence to Nahant Head, and said harbor shall include the shores of Chelsea and Charlestown; the outer limits of Salem Harbor, for vessels bound thereto, shall be the chops of said harbor; the harbor of Fall River shall include the waters of Taunton Great River and Mount Hope Bay, from the south line of the town of Freetown to Rhode Island State line, including the shores of Somerset; and the harbors of New Bedford and Fairhaven shall be considered one harbor, the outer limits of which, for vessels bound thereto, shall be the outer limits of Buzzard's Bay. SECT. 29. The word vessel in the seven preceding sections shall include vessels propelled by steam. VESSELS AND BOATS TRANSPORTING STONE, &C. SECT. 30. The mayor and aldermen and selectmen of cities and towns where lighters or other vessels are employed in transporting stones, gravel, or sand, shall annually in March or April appoint one or more weighers of vessels, who shall be sworn. to be marked. SECT. 31. Every lighter or other vessel employed in transporting Lighters, &c., stone sold by weight, or gravel, or sand, shall be marked on the stem RS. 31,2 and stern post, nearly level with the bend of the vessel, with stationary marks of bar iron, not less than six inches in length, and two and a half inches in breadth, fastened with two good and sufficient iron bolts driven through said stem and stern post and riveted into said bar iron, from which all other marks shall take their distance in feet, inches, and parts of inches, as the distance may require, from the lower edge of the stationary marks to the lower edge of the other marks; which marks shall be as follows: light-water marks, not less than four inches in length and one inch and a half in breadth; and every four tons above said lightwater marks, legibly cut, or cast, in figures of 4, 8, 12, 16, 20, and so forth, up to the full capacity of the vessel. Said figures shall express the weight which such vessel is capable of carrying when the lower part of the respective numbers aforesaid shall touch the water; and all the marks shall be of good and sufficient lead or copper, fastened on the stem and stern post of each vessel with sufficient nails not less than one inch in length. SECT. 32. Each weigher, when thereto requested, shall furnish the Duty of weighrequisite marks and nails, and shall cause lighters and other vessels to ers R. S. 31, § 3. be weighed and marked in conformity with the provisions of the preceding section; and during the time of weighing and marking them, all persons employed on board shall be stationed between the bulk head and the fore chains. He shall keep a correct account of the distance of each mark below the stationary marks, in feet, inches, and parts of inches, in a book provided for that purpose, and give a certificate thereof expressing the distance, to the master of every such vessel. when may be SECT. 33. In taking the tonnage of every such vessel, a deduction Deduction, may be made of one ton, for every inch that the light-water marks may made. be under water, after such vessel has discharged her loading. R. S. 31, § 4. keep while ing taken. SECT. 34. Every person on board of such vessel, who does not keep Persons on within the bounds of the bulk head and fore chains during the time of board, where to taking her marks, or while any weigher is employed in weighing or marks are bemarking, unless in case of absolute necessity, shall forfeit a sum not ex- R. S. 31, § 5. ceeding twenty dollars for each offence. nually exam 11 Met. 59. SECT. 35. Such vessels shall have their marks examined annually in Marks to be anJune, by a sworn weigher, and if the marks agree with their former cer- ined. tificates, he shall certify the same accordingly. Otherwise he shall keep R. S. 31, § 6. such certificates in his possession, to be used as evidence against the master or owner of such vessel in any prosecution under the provisions of this chapter, and such vessel shall be weighed again. R. S. 31, § 7. SECT. 36. Each weigher shall receive from the owner or master of a Fees. vessel weighed and marked, twenty cents for every ton of such vessel, and four dollars for furnishing marks, nails, and other necessary articles, fastening the same, and giving the certificate. For the services required by the preceding section, he shall receive one dollar and fifty cents. SECT. 37. Every owner or master of any such vessel who neglects to Penalty for neg have the same weighed, marked, and examined, according to the pro- lighters weighlecting to have visions of this chapter, or who removes any marks, or alters his certifi- ed. R. S. 31, § 8. cate, shall forfeit a sum not exceeding three hundred dollars for each offence. SECT. 38. Every weigher who places any such mark contrary to the provisions of this chapter, or who gives a false certificate, shall forfeit a sum not exceeding three hundred dollars for each offence. Penalty for falsely placing R. S. 31, § 9. nances, &c., re SECT. 39. Any city or town may establish ordinances respecting Cities, &c., may marking and weighing of lighters and other vessels employed in trans- establish ordiporting stones, gravel, sand, or other ballast; the inspection and weigh- specting weighing of such ballast within the city or town, and the appointment and ing, &c., lightcompensation of weighers, markers, inspectors, and other officers, neces- ployed in trans crs, &c., em porting stone, sary to carry the same into effect; and may affix penalties for breaches 1848, 308, §§ 1, 2. thereof, not exceeding those mentioned in sections thirty-four, thirtyseven, and thirty-eight; which ordinances, so far as they extend, shall regulate the subject matter thereof within the limits of the city or town. &c. CHAPTER 53. OF MONEY, BONDS, BILLS OF EXCHANGE, AND PROMISSORY NOTES. SECT. 1. The money of account of this commonwealth shall be the dollar, cent, and mill. Accounts in the public offices, and other public accounts and proceedings in court, shall be had and kept in conformity to this regulation. SECT. 2. Nothing contained in the preceding section shall vitiate or affect an account, charge, or entry, originally made, or a note, bond, or other instrument, expressed in any other money of account; but in a suit thereon the same shall be reduced to dollars and parts of a dollar. Rate of interest. Contracts not INTEREST OF MONEY. with SECT. 3. The interest of money shall continue to be at the rate of six dollars, and no more, upon one hundred dollars for a year, and at the same rate for a greater or less sum, and for a longer or shorter time. SECT. 4. No contract or assurance for the payment of money,, void by usury interest at a greater rate than is allowed by the preceding section, shall be thereby rendered void; but when in an action brought on such contract or assurance it appears that a greater rate of interest than is allowed by law has been directly or indirectly reserved, taken, or received, the defendant shall recover his full costs, and the plaintiff shall forfeit threefold the amount of the interest unlawfully reserved or taken, and no more, and shall have judgment for the balance remaining due after deducting said threefold amount. Forfeiture, &c. 3 Met. 211, 522. 7 Met. 14. 12 Cush. 156. 4242 $15631 may Threefold 1855, 194. 1 Met. 553. 7 Met. 525. 3 Gray, 225. 4 Gray, 593. SECT. 5. When a greater rate of interest than is allowed by law has been paid, the party paying the same may either by an action of contract or suit in equity recover back threefold the amount of the unlawful interest so paid, and no more: provided, that such action or suit shall be prosecuted within two years from the time of payment. years set 3.4.5 Ref. & other pers BONDS. rations negotia SECT. 6. Bonds and other obligations under seal for the payment of Bonds of corpo money purporting to be payable to the bearer, or some person desig- ble. nated or bearer, or payable to order, issued by any corporation or joint 1852, 76. stock company, shall be negotiable in the same manner, and to the same extent, as promissory notes. BILLS OF EXCHANGE AND PROMISSORY NOTES. protest of bills, mas day, &c. 1856, 113, §§ 1, 2. SECT. 7. Bills of exchange, drafts, promissory notes, and contracts, Payment and due and payable, or to be executed, on Sunday or Thanksgiving, Fast, &c., maturing or Christmas day, the twenty-second day of February, the fourth day of on Fast, ChristJuly, or on the following day when either of the two days last mentioned occurs on Sunday, shall be payable or performable upon the business day next preceding said days; and in case of non-payment or non-fulfilment, may be noted and protested upon such preceding day; but the holder or holders of such obligations need not give notice of the dishonor, non-payment, or non-fulfilment thereof, until the business day next following the days above specified. notes on de 11 Met. 400. SECT. 8. Upon a promissory note payable on demand, a demand When demand made at the expiration of sixty days from the date thereof, without must be made, &c., to charge grace, or at any time within that term, shall be deemed to be made indorsers of within a reasonable time; and any act, neglect, or other thing, which mand. by the rules of law and the customs of merchants is deemed equivalent 1839, 121, §2. to a presentment and demand on a note payable at a fixed time, or which would dispense with such presentment and demand, if it occurs at or within said term of sixty days, shall be deemed a dishonor thereof, and shall authorize the holder of such note to give notice of the dishonor to the indorser, as upon a presentment to the promisor and his neglect or refusal to pay the same. No presentment of such note to the promisor and demand of payment, shall charge the indorser, unless made on or before the last day of said term of sixty days. on demand, lia. suits on. SECT. 9. The several indorsers of promissory notes payable on de- Notes payable mand, upon due and seasonable notice of the dishonor of such notes, bility of indor shall be liable in the same manner and to the same effect as upon the ser. dishonor of promissory notes payable at a fixed time, and not otherwise. 1839, 121, § 3. SECT. 10. In any action by an indorsee against the promisor defence to brought upon a promissory note made after the sixth day of May, 1939, 121, §1. eighteen hundred and thirty-nine, and payable on demand, any matter 1845, 68. shall be deemed a legal defence which would be a defence to a suit 6 Met. 513. thereupon if brought by the promisee: provided, that no matter arising 9 Met. 367. after notice of the indorsement or transfer of such note is given to the promisor shall constitute a defence. 1858, 70, § 1. 11 Met. 399, 8 Cush. 207. 4 Gray, 148. Damages on bills payable cept, &c. SECT. 11. When a bill of exchange, drawn or indorsed within this state and payable without the limits of the United States, (excepting beyond limits places in Africa beyond the Cape of Good Hope, and places in Asia of U. S., exand the islands thereof,) is duly protested for non-acceptance or non- R. S. 33, § 1. payment, the party liable for the contents of such bill shall, on due notice and demand thereof, pay the same at the current rate of exchange at the time of the demand, and damages at the rate of five per cent. upon the contents thereof, together with interest on the contents, to be computed from the date of the protest; and said amount of contents, damages, and interest, shall be in full of all damages, charges, and expenses. on bills paya of Good Hope, SECT. 12. When a bill of exchange, drawn or indorsed as mentioned in the preceding section, and payable at any place in Africa beyond the ble beyond Cape Cape of Good Hope, or any place in Asia or the islands thereof, is duly &c. protested for non-acceptance or non-payment, every party liable for the |