Chap. 209.—An ACT to amend and re-enact the Ist, 2d, 8d, 4th, Sth, 6th,
12th, 18th and 15th seetions of chapter 05 of the Code of 1860, con-
cerning Harbor Masters and Dock Masters.

Passed February 16, 1867.

1. Be it enacted by the general assembly, That the first,
second, third, fourth, fifth, sixth, twelfth, thirteenth and fif.
teenth sections of chapter ninety-five of the Code of eigh-
teen hundred and sixty, be amended and re-enacted so as to
read as follows:

Ҥ1. The court of the county of Norfolk, and the coun-
cils of the cities of Norfolk and Portsmouth, may, at any
time, each appoint one or more harbor masters, not exceed-
ing three in office at the same time, appointed by the same
authority, and shall take from each person so appointed, a
bond to.the commonwealth in the penalty of five hundred
dollars. The persons so appointed shall have separate juris-
diction over the ports of the said county and cities respec-
tively, and shall hold their offices at the pleasure of the court
or the councils or council which appointed them.

Ҥ 2. Any of the said harbor masters who shall fail in any.
duty prescribed in this chapter, shall pay a fine not exceed-
ing fifty dollars. And any master of a vessel or boat, or
other craft, failing ‘or refusing to obey or comply with the
lawful or der of any of said harbor masters, after having had
a reasonable time for obedience or compliance, shall be liable
to a fic of five dollars for every such offence, to be recovered
before any justice of the peace of the county of Norfolk, or
of the city of Norfolk, or of the city of Portsmouth, with-
out appeal. No portions of said fines shall be received by
any of the said harbor masters, but all such fines shall be
paid wholly into the state treasury for the benefit of the Lit-
erary fund.

Ǥ 3. Steam and other vessels, plying regularly as packet
vessels between the said ports, and any other port beyond
the limits of this state, shall pay the fees hereinafter pre-
scribed, or, at their discretion, a harbor master fee, to any
one of the said harbor masters, of two dollars per month, if
such packet vessel be of not more than one hundred and
fifty tons burden; and of three dollars per month, if such
packet vessel be of more than one hundred and fifty tons
burden.

Ҥ 4. The following vesseis shall be exempt from the pay-
ment of any harbor master fees, unless they request the ser-
vices of such harbor master, viz: All vessels belonging to
the navy of the United States or the revenue service of the
United States, and all armed vessels of war belonging to any
foreign navy; all other vessels of less than twenty tons bur-
den; all vessels engaged in the Dismal Swamp canal trade;
all vessels engaged in the Albemarle and Chesapeake canal
trade; all vessels arriving in the ports of Norfolk or Ports-
mouth from inland voyages;,all packet boats and steamboats

regularly plying between the said ports and any other ports
of this state for the conveyance and accommodation of pas-
sengers; all vessels putting into the said ports on their home-
ward passage from’ up the Chesapeake bay or any river of
this.state; and all vessels sailing.under a coasting license,
and putting into the said ports in distress or for supplies.

“$5. The court of any county or corporation (except the
cities of Alexandria, Norfolk and Portsmouth), and the
council of the said city of Alexandria, may, at any time, ap-
point one or more harbor masters, and shall take from each
person so appointed, a bond to the commonwealth in the
penalty of five hundred dollars. ©

‘““§ 6. Every harbor master shall hold his office at the plea-
sure of the court or council or councils which appointed him.
If appointed by authority of a corporation, he shall act
within its jurisdiction; if by a county court, he shall,act in
that part of the county which is without such jurisdiction.”
Ҥ12. For every vessel arriving at the ports of Norfolk
or Portsmouth the harbor master shall have a fee, if such
vessel be of over forty and not over fifty tons burden, of one
dollar; if over fifty and not over one hundred and fifty tons,
one dollar and twenty-five cents; if over one hundred and
fifty and not over two hundred and fifty tons, one dollar and
seventy-five cents; if over two hundred and fifty and not
over five hundred tons, two dollars; if over five hundred
tons, three dollars; and for every vessel arriving at any port
other than Norfolk or Portsmouth, the harbor mast shall
be entitled to the tollowing fees, viz: for every square-#igged
vessel, if under three hundred tons, two dollars; if three
hundred tons and under four hundred, three dollars; if four
hundred tons and under five hundred tons, four dollars; and
if five hundred tons or more, five dollars, except that for
such as be from six. hundred tons to one thousand tons and
upwards, twenty-five cents additional is hereby allowed for
each excess of one hundred tons, or fractional part thereof,
over six hundred tons. for every fore-and-aft-rigged vessel,
including sloops, if twenty tons and under fifty tons, seventy-
five cents; if fifty tons and under seventy-five tons, one dol-
lar; if seventy-five tons and under one hundred tons, one
dollar and twenty-five cents; if one hundred tons and under
one hundred and fifty tons, one dollar and fifty cents; if one
hundred and fifty tons and under two hundred tons, one dol-
lar and seventy-five cents; if two hundred tons and under
two hundred and fifty tons, two dollars; and if two hundred
and fifty tons or more, two dollars and twenty-five . cents.
For steamers plying regularly between any other ports of
this state (except those of Norfolk and Portsmouth) and
those of other states, if under three hundred tons, two dol-
lars; if three hundred tons and under five hundred tons,
three dollars; and if five hundred tons or more, four dollars.
When a question shall arise as to which harbor master shall
be entitled to collect the fee, the papers of the vessel and
the declaration of the captain shall determire the proper port
of destination at which the fee shall be paid. ,
- “$13. But all vessels sailing under a coasting license of
less than forty tons burden, all vessels engaged in the Dismal
Swamp canal trade, all vessels engaged in the Albemarle and
Chesapeake canal trade, all vessels not arriving from sea voy-
ages, and all packet boats and steamboats regularly trading
for accommodation and conveyance of passengers, shall be
exempt from harbor master fees in the ports of Norfolk and
Portsmouth. But steamboats or vessels shall pay in the har-
bor of Richmond the same fees as other vessels of the same
burden or class. And all vessels of less than twenty tons
burden, shall be exempt from the payment of harbor master
tees in any port in this state.”
Ҥ15. He shall regulate the anchoring and mooring of all
lighters, boats and bay and river craft which come within
said dock, or anehor at or are secured to the county wharf,
for which service he shall collect a fee of twenty-five cents fron
the master or owner, who shall also pay to such harbor mastei
ten cents per day for each day that such lighter, boat or craf
shall continue in the dock before fully discharging her load
and twenty-five cents-per day for each day that she shal;
continue therein after dischargjng. And all money collected
by such harbor master under this section shall be paid intc
the treasury of the county of Norfolk, in whole or _in part.
as the court of. the said county may direct.”
2. This act shall be in force from its passage.

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