An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1882es |
---|---|
Law Number | 62 |
Subjects |
Law Body
Chap. 62.—An ACT to repeal chapter 91 of the Code of 1878, and
all acte and parts of acts, in relation to pilots and piloting of vessels,
and to enact a law to govern and regulate pilots and piloting of ves-
sels in the waters of the stute of Virginia.
Approved April 21, 1882.
1. Be it enacted by the general assembly, That chapter
ninety-one of the Code of Virpinis of eighteen hundred and
seventy-three, and all acts and parts of acts heretofore passed,
in relation to pilots and the piloting of vessels, be and the
same are hereby repealed, and that the following provisions
be and the same are hereby substituted therefor, so as to
read as follows:
2. The court of Elizabeth county shall appoint three per-
sons, only one of whom shall be a branch pilot, and the cor-
poration court of Norfolk city, four persons, only two of whom
shall be branch,pilots, to constitute a board of commissioners
to examine persons applying for branches as pilots. The board
of commissioners shall hold its meetings in tne city of Nor-
folk, and four members thereof shall constitute a quorum.
And said commissioners shall have full authority to make such
rules as they may think necessary for the proper govern-
ment and regulation of pilots licensed by them.
3. The court by which any commissioner is appointed,
may remove him for incapacity, neglect of duty or miscon-
duct, and may fill a vacancy happening in the office of com-
missioner from any Cause.
4. Every person applying to the said board to be exam-
ined, shall produce a certificate of the court of the county or
corporation in which he resides, that he is of honest
demeanor, and a citizen of the state, and furnish proof of’ his
having served as an apprentice to some pilot of the state for
five years. If the board of examiners find him qualified to
act as a pilot, they shall take from him a bond, in the penalty
of five hundred dollars, and grant him a branch on his pay-
ing to said board five dollars; and they shall return said
bond to the clerk of the corporation court. Every pilot
holding a branch shall renew the same every twelve months;
for which renewal he shall pay one dollar, and all pilots who
have heretofore held branches under the pilot laws of this
State, shall renew said branches within sixty days after the
organization of the commission herein provided for.
5. All pilots shall be arranged into three classes, and every
branch shall designate whether the pilot thereby commis.
sioned belongs to the first, second, or third class.
6. Pilots of the first class may pilot and conduct vessels of
every burthen and description; those of the second class
shall be confined to vessels whose draft of water does not
exceed fifteen feet, and those of the third class to vessels
whose draft of water does not exceed twelve feet.
7. Every pilot, or the company to which he belongs, shall
keep one sufficient boat of at least thirty feet keel, which he
shall be attached to and cruise in, and any one acting as a
pilot without having such a boat, shall forfeit one hundred
and fifty dollars to any person who may sue for the same.
8. If any pilot boat shall not have her name, and the port
to which she belengs, marked ten feet below the head of her
foresail on each side, in letters at least nine inches long, the
owners thereof shall have no fees of pilotage, except in case
of steam pilot boats, which shall have her name on each bow
instead of on her foresail.
9. If any apprentice of a. pilot, being examined by the
board of commissioners which appointed his master, shall be
judged by them qualified, they may endorse on a copy of his
master’s branch the name of the pilot boat, her port, and the
class to which said master belongs, and thereupon such
apprentice may conduct and pilot vessels, as his master might
do, and subject to the same regulations.
10. If any person, not authorized by law, or any pilot,
after removing from the state, shall undertake to conduct or
pilot a vessel to or from the sea; or to or from any port or
place in Virginia, or if any master or person on board any
steamboat or towboat, shall tow a vessel to or from sea, or to
or from any port or place in Virginia, except as authorized
by this act, without having a pilot on board of such vessel,
if one shall offer his service, he shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be impri-
soned in the county or city jail, for not more than three
months, or fined any sum not exceeding two hundred dollars,
at the discretion of the court; and any master employing
any person not authorized by law, or any pilot who has
removed from the state, to act as a pilot of bis vessel, shall
forfeit and pay one hundred dollars to any regular branch
pilot who shall sue for the same; and warrants for such
offenders may be issued upon the oath- of any party com-
plaining, by any justice of the peace of any county, or mayor
or justice of the peace of any city in this state, in which
such offender may be at the time; and, upon proof of proba-
ble cause, the offender shall be bound, with security in due
form of law, to appear at the next term of the circuit, county,
or hustings court of said county or city, for trial of such
misdemeanor, and the circuit, county, or corporation court of
said county or city, shall have jurisdiction for the trial
thereof, as in other cases of misdemeanor.
11. The preceding section shall not prevent any pilot of
this state or Maryland, or any other person, from assisting a
vessel in distress, that he may fall in with, having Cape
Henry in view (and no authorized branch pilot appearing),
nor from conducting said vessel into Hampton roads, or any
other harbor. Any such pilot, or other person aforesaid,
shall be entitled to full pilotage; but, if he is not a pilot, he
shall deliver up the said vessel to any authorized pilot of this
state, who may offer his services to take charge of her, and
then shall receive from such pilot half the pilotage.
12. The master of every vessel (other than a coasting vessel
having a pilot license), inward bound from sea, shall take the
first Virginia pilot that offers his services, Cape Henry bear-
ing west of south to Smith’s point, Yorktown, Newport
News, or Norfolk, or any intermediate point; and any such
vessel, outward bound, shall take the first pilot that offers
his services at Smith’s point, Yorktown, Newport News, or
Norfolk, or any intermediate point, to sea; and any master
refusing to do so, shall immediately pay to the said pilot full
pilotage from the sea to Newport N ews, Smith’s point, York-
town, or Norfolk, from said ports to sea, as the case may be;
but no master of a vessel coming from sea shall be compelled
to take a pilot after arriving within the line at which Cape
Henry bears west of south; provided further, that any
registered vessel arriving within the line of Cape Henry,
bearing west of south, without having taken a pilot, bound
for Norfolk, Newport News, or Richmond, shall not be liable
for pilotage; but the master may pilot his own vessel to
Hampton roads, and there employ any steamboat or tow-
boat to tow his vessel to her port of destination; but in no
instance will any master be allowed to employ any steamboat
or tow-boat below Hampton roads without paying full pilot-
ago to the first regular pilot that offers his services to said
vessel, and any master so employing a steamboat or tow-boat
below Hampton roads without a pilot on board of such ves-
sel, when one shall have offered his services, shall be liable to
the penalty prescribed in section ten of this act. This pro-
vision applies only to inward bound vessels.
13. No master shall be required to have a pilot to conduct
his vessel or steamboat above Newport News, Yorktown,
Mobjack bay, Urbanna, or Smith’s point, but he may, by
himself, or by any person regularly employed on board, pilot
his own vessel, or he may employ the services of any tow-
boat, to tow his vessel to her port of destination above any
of the above-named points.
14. Pilots shall appoint agents—one for Norfolk city and
one for Richmond—who shall grant licenses to coasting ves.
sels trading in all the rivers of this state, for which license
such agents shall receive ten per centum per ton for one year
and coasting vessels having such licenses shall be free to sai
without pilots to or from sea; but all vessels sailing under :
coasting license of the burden of seventy tons or more, com.
ing from or going to sea, not paving obtained a license fron
such agent, shall be subject to the same regulations anc
protage as registered vessels belonging to citizens of th
nited States.
15. The master of any coasting vessel wanting a pilot t
any port in this state, shall signify it by a signal at his fore
mast or foretopmast head; whereupon a pilot shall repair t
and pilot said vessel.
16. Pilots shall have pilotage at the following rates: For
every vessel owned by citizens of the United States, and for
every vessel owned by a citizen or subject of any foreign
state, whose vessels are by treaty placed on the same footing
as vessels of the United States, if the vessel be spoken or
boarded to the eastward of Cape Henry, there shall be paid
for each foot the vessel draws, as follows: From sea to
Smith’s Point, West Point, Newport News, Norfolk, or any
prace between Smith’s Point, West Point, Newport News, or
orfolk, vessels drawing ten feet and under, two dollars and
fifty cents; vessels drawing thirteen feet and over ten feet,
three dollars; vessels drawing fourteen feet and over thirteen
feet, three dollars and fifty cents; vessela drawing sixteen
feet and over fourteen feet, four dollars; vessels drawing
over sixteen feet, four dollars and fifty cents. If the vessel
shall be boarded or spoken twenty miles or more eastward of
Cape Henry, twenty-five cents per foot shall be added to the
foregoing rates. There shall be paid the same pilotage from
Smith’s Point, West Point, Newport News, or Norfolk, or
any intermediate point to sea, as from sea to those places;
and from Newport News to Jamestown, or any place between
Newport News and Jamestown, one dollar and thirty-five
cents per foot; from Newport News to Richmond, or any
place between Jamestown and Richmond, two dollars and
fifty cents per foot; and the same rates of pilotage shall be
paid from said places, respectively, down. Vessels coming
from sea to Hampton roads and thence to any port in Mary-
land, shall be subject to the same rate of pilotage as vessels
bound from Newport News to sea. All vessels coming to
Hampton Roads, seeking, in ballast, shall only pay one-balf
pilotage in and one-half out: provided, however, that if
such vessel coming to Hampton roads, seeking, is after-
wards chartered to load in any port or place in this state,
she shall pay the usual pilotage in and out as though she bad
come to a direct port. All steamers calling in any port or
place in this state for the sole purpose of coaling, shall only
pay one-half pilotage in, and one-half pilotage out. All ves-
sels that go from Norfolk to Newport News to load or to
finish loading, and all vessels that go from Newport News to
Norfolk to load or finish loading, shall, if they take a pilot,
which shall be optional with the master, pay a fee of ten
dollars to the pilot for transporting any such vessel to or
from either place.
17. If the master of any vessel shall conceal or obscure
the name thereof, or refuse to disclose the same when spoken
by a pilot, he shall forfeit to the said pilot fifty dollars.
18. If any pilot notified to attend a vessel shall be detained,
he shall have three dollars for each day’s detention.
19. Any pilot who shall attend any vessel with bis boat, at
the request of the master or owner, shall have fifty dollars
per day; any master carrying any pilot to sea, shall pay him
wages at the rate of seventy-five dullars per month.
t
20. If any vessel having no pilot on board follow another
that has a pilot, such pilot shall have pilotage for the vessel
so following. )
21. Any pilot being detained on board any sea-going vessel,
shall be entitled to three dollars for each day he may be so
detained, to be paid by the master, owner or consignec of
such vessel. If any such pilot be carried beyond the limits
of his state against his will, he shall be entitled to recover
the sum of three hundred dollars from the master or owner
of the vessel upon which he may have been carried away.
All vessels having a branch pilot, and arriving at the pilot
station, shall remain there fifteen hours, if required, to give
such pilot an opportunity to be taken off, under a penalty of
fifty dollars.
22. Hereafter all vessels transported from the naval anchor-
age to the navy-yard by any pilot, shall pay the sum of
twenty dollars.
23. The first pilot who meets a vessel coming, in which his
branch entitles him to conduct, shall have the right to take
charge of and conduct her into York river, Hampton roads,
Newport News, Norfolk, Mobjack bay, Urbanna, or Smith’s
point aforesaid, and to receive the pilotayve allowed by law;
ut any pilot that boards a vessel off any veasel other than
his boat, shall give the same to the first authorized pilot that
offers his services from a lawful Virginia pilot-boat any where
below the Thimble light; and the master of any such vessel
employing a pilot from any other than alawful Virgima pilot-
boat, shall be liable to the first regularly licensed pilot that
offers his services from a lawful pilot-boat of this state any-
where below Thimble light. |
24. Every pilot cruising or standing out to sea shall offer
his services to the vessel of his class nearest to land or in
most distress.
25. The master and owner of every vessel shall each be
liable to the pilot for his pilotage and. other allowances, and
also the consignee or supercargo of any vessel not owned by
a citizen of the state; and if the said consignee or super-
cargo refuse to become responsible to the pilot for his fee,
then the master or owner of said vessel shall deposit the
amount of pilotage fees due in the hands of some responsible
person before leaving her port of departure, subject to the
order of the pilot...
26. Pilots may state their accounts, verified by affidavits,
and lodge them with their agents in Norfolk, Richmond,
Newport News or Yorktown, or wherever they may think it
necessary to appoint such agent for collection; and if any
person liable on any such account, shall fail to pay the amount
thereof to the agent or the pilot himself within three days’
after demand made, he shall pay five dollars (in addition to
said amount) to said pilot.
27. The board of commissioners may decide any contro-
versy between pilots to whom it has granted branches, or
between any such pilot and the master, owner, or consignee
of any vesscl, which may arise under any law concerning
pilots. Its decision shall be final. If such decision requires
the payment of money, the board shall enter a judgment
therefor on the record of its proceedings; and on a copy
thereof being put into the hands of any sheriff, constable, or
sergeant, he shall enforce payment thereof as if it were an
execution against the property of the debtor, and have the
same fee.
28. But no judgment shall be entered unless due notice be
given of the time and place of trial, and of the claim or
charges to be preferred, and where the charge is against the
pilot for neglect of duty or violation of law, such judgment
shall in no case be for a longer suspension of the branch of
the accused than twelve months, nor less than one month, at
the discretion of the commissioners, unless where a longer
time is expressly prescribed.
29. Nothing herein shall authorize such board to decide
upon the liability of a pilot or his apprentice to any party
injured by his negligence or misconduct, or to prevent such
party from recovering for all damages occasioned thereby.
30. The board shall appoint a clerk, who shall keep a
record of all its proceedings, and the said commissioners, or
any one of them, may administer an oath and issue a sum-
mons.
31. Each person who shall appear before the board to be
examined as a pilot, shall pay to each commissioner present,
and also to the clerk, one dollar. When the board makes a
decision in a matter of controversy, the person against whom
the decision is, shall pay to each commissioner one dollar, and
to the clerk fifty cents.
32. If any pilot shall, tcr any service, demand or receive
less than the lawful fees, he shall forfeit the amount of said
lawful fee, which may be recovered by any person who will
claim the same, by warrant or by motion, one-half of which
recovery shall be paid to the board of commissioners. Such
pilot may, moreover, be suspended by said board, not exceed-
ing six months. And if any pot shall demand and receive
greater fees than are allowed by law, he shall forfeit to mas-
ter or owner double the amount of fees paid to him in any
such case, to be recovered in the same manner.
33. If any pilot or apprentice, without sufficient excuse,
shall refusc, when requested by the master, to go on board
any vessel and pilot her, or shall be intoxicated, or guilty of
any other misbehavior or neglect of duty while in charge of
a vessel, he shall be suspended not less than three nor more
than six months.
34. Whenever a pilot or apprentice shall be suspended, the
fact shall be published in some newspaper printed in Norfolk,
the cost of which shall be paid by such pilot; and if any pilot
so suspende’|, shall be found on board of any vessel as a pilot, or
shall offer to conduct any such vessel as such, he may be dis-
missed from such vessel by any pilot authorized to pilot her,
to whom all the fees of pilotage shall be paid, and the board
act; and whereas there were a large number of coupon
bonds printed under said act, and which now cumber the
safes of the treasurer, while by no probability can they be
hereafter used; be it therefore,
Resolved by the senate of Virginia (the house of delegates
concurring), That a committee of two upon the part of the
senate, and three upon the part of the house, be appointed,
who shall, in the presence of the governor of the common-
wealth, and the treasurer, cause to be destroyed by burning,
all the coupon bonds printed under the act of March twenty-
eighth, eighteen hundred and seventy-nine, now unissued in
the treasury, and that a list of bonds so destroyed, shall be
preserved in the offices of the treasurer and second auditor
of the commonwealth.
2. This joint resolution shall take effect from its passage.
Chap. 62.—An ACT to repeal chapter 91 of the Code of 1878, and
all acte and parts of acts, in relation to pilots and piloting of vessels,
and to enact a law to govern and regulate pilots and piloting of ves-
sels in the waters of the stute of Virginia.
Approved April 21, 1882.
1. Be it enacted by the general assembly, That chapter
ninety-one of the Code of Virpinis of eighteen hundred and
seventy-three, and all acts and parts of acts heretofore passed,
in relation to pilots and the piloting of vessels, be and the
same are hereby repealed, and that the following provisions
be and the same are hereby substituted therefor, so as to
read as follows:
2. The court of Elizabeth county shall appoint three per-
sons, only one of whom shall be a branch pilot, and the cor-
poration court of Norfolk city, four persons, only two of whom
shall be branch,pilots, to constitute a board of commissioners
to examine persons applying for branches as pilots. The board
of commissioners shall hold its meetings in tne city of Nor-
folk, and four members thereof shall constitute a quorum.
And said commissioners shall have full authority to make such
rules as they may think necessary for the proper govern-
ment and regulation of pilots licensed by them.
3. The court by which any commissioner is appointed,
may remove him for incapacity, neglect of duty or miscon-
duct, and may fill a vacancy happening in the office of com-
missioner from any Cause.
4. Every person applying to the said board to be exam-
ined, shall produce a certificate of the court of the county or
corporation in which he resides, that he is of honest
demeanor, and a citizen of the state, and furnish proof of’ his
having served as an apprentice to some pilot of the state for
five years. If the board of examiners find him qualified to
act as a pilot, they shall take from him a bond, in the penalty
of five hundred dollars, and grant him a branch on his pay-
ing to said board five dollars; and they shall return said
bond to the clerk of the corporation court. Every pilot
holding a branch shall renew the same every twelve months;
for which renewal he shall pay one dollar, and all pilots who
have heretofore held branches under the pilot laws of this
State, shall renew said branches within sixty days after the
organization of the commission herein provided for.
5. All pilots shall be arranged into three classes, and every
branch shall designate whether the pilot thereby commis.
sioned belongs to the first, second, or third class.
6. Pilots of the first class may pilot and conduct vessels of
every burthen and description; those of the second class
shall be confined to vessels whose draft of water does not
exceed fifteen feet, and those of the third class to vessels
whose draft of water does not exceed twelve feet.
7. Every pilot, or the company to which he belongs, shall
keep one sufficient boat of at least thirty feet keel, which he
shall be attached to and cruise in, and any one acting as a
pilot without having such a boat, shall forfeit one hundred
and fifty dollars to any person who may sue for the same.
8. If any pilot boat shall not have her name, and the port
to which she belengs, marked ten feet below the head of her
foresail on each side, in letters at least nine inches long, the
owners thereof shall have no fees of pilotage, except in case
of steam pilot boats, which shall have her name on each bow
instead of on her foresail.
9. If any apprentice of a. pilot, being examined by the
board of commissioners which appointed his master, shall be
judged by them qualified, they may endorse on a copy of his
master’s branch the name of the pilot boat, her port, and the
class to which said master belongs, and thereupon such
apprentice may conduct and pilot vessels, as his master might
do, and subject to the same regulations.
10. If any person, not authorized by law, or any pilot,
after removing from the state, shall undertake to conduct or
pilot a vessel to or from the sea; or to or from any port or
place in Virginia, or if any master or person on board any
steamboat or towboat, shall tow a vessel to or from sea, or to
or from any port or place in Virginia, except as authorized
by this act, without having a pilot on board of such vessel,
if one shall offer his service, he shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be impri-
soned in the county or city jail, for not more than three
months, or fined any sum not exceeding two hundred dollars,
at the discretion of the court; and any master employing
any person not authorized by law, or any pilot who has
removed from the state, to act as a pilot of bis vessel, shall
forfeit and pay one hundred dollars to any regular branch
pilot who shall sue for the same; and warrants for such
offenders may be issued upon the oath- of any party com-
plaining, by any justice of the peace of any county, or mayor
or justice of the peace of any city in this state, in which
such offender may be at the time; and, upon proof of proba-
ble cause, the offender shall be bound, with security in due
form of law, to appear at the next term of the circuit, county,
or hustings court of said county or city, for trial of such
misdemeanor, and the circuit, county, or corporation court of
said county or city, shall have jurisdiction for the trial
thereof, as in other cases of misdemeanor.
11. The preceding section shall not prevent any pilot of
this state or Maryland, or any other person, from assisting a
vessel in distress, that he may fall in with, having Cape
Henry in view (and no authorized branch pilot appearing),
nor from conducting said vessel into Hampton roads, or any
other harbor. Any such pilot, or other person aforesaid,
shall be entitled to full pilotage; but, if he is not a pilot, he
shall deliver up the said vessel to any authorized pilot of this
state, who may offer his services to take charge of her, and
then shall receive from such pilot half the pilotage.
12. The master of every vessel (other than a coasting vessel
having a pilot license), inward bound from sea, shall take the
first Virginia pilot that offers his services, Cape Henry bear-
ing west of south to Smith’s point, Yorktown, Newport
News, or Norfolk, or any intermediate point; and any such
vessel, outward bound, shall take the first pilot that offers
his services at Smith’s point, Yorktown, Newport News, or
Norfolk, or any intermediate point, to sea; and any master
refusing to do so, shall immediately pay to the said pilot full
pilotage from the sea to Newport N ews, Smith’s point, York-
town, or Norfolk, from said ports to sea, as the case may be;
but no master of a vessel coming from sea shall be compelled
to take a pilot after arriving within the line at which Cape
Henry bears west of south; provided further, that any
registered vessel arriving within the line of Cape Henry,
bearing west of south, without having taken a pilot, bound
for Norfolk, Newport News, or Richmond, shall not be liable
for pilotage; but the master may pilot his own vessel to
Hampton roads, and there employ any steamboat or tow-
boat to tow his vessel to her port of destination; but in no
instance will any master be allowed to employ any steamboat
or tow-boat below Hampton roads without paying full pilot-
ago to the first regular pilot that offers his services to said
vessel, and any master so employing a steamboat or tow-boat
below Hampton roads without a pilot on board of such ves-
sel, when one shall have offered his services, shall be liable to
the penalty prescribed in section ten of this act. This pro-
vision applies only to inward bound vessels.
13. No master shall be required to have a pilot to conduct
his vessel or steamboat above Newport News, Yorktown,
Mobjack bay, Urbanna, or Smith’s point, but he may, by
himself, or by any person regularly employed on board, pilot
his own vessel, or he may employ the services of any tow-
boat, to tow his vessel to her port of destination above any
of the above-named points.
14. Pilots shall appoint agents—one for Norfolk city and
one for Richmond—who shall grant licenses to coasting ves.
sels trading in all the rivers of this state, for which license
such agents shall receive ten per centum per ton for one year
and coasting vessels having such licenses shall be free to sai
without pilots to or from sea; but all vessels sailing under :
coasting license of the burden of seventy tons or more, com.
ing from or going to sea, not paving obtained a license fron
such agent, shall be subject to the same regulations anc
protage as registered vessels belonging to citizens of th
nited States.
15. The master of any coasting vessel wanting a pilot t
any port in this state, shall signify it by a signal at his fore
mast or foretopmast head; whereupon a pilot shall repair t
and pilot said vessel.
16. Pilots shall have pilotage at the following rates: For
every vessel owned by citizens of the United States, and for
every vessel owned by a citizen or subject of any foreign
state, whose vessels are by treaty placed on the same footing
as vessels of the United States, if the vessel be spoken or
boarded to the eastward of Cape Henry, there shall be paid
for each foot the vessel draws, as follows: From sea to
Smith’s Point, West Point, Newport News, Norfolk, or any
prace between Smith’s Point, West Point, Newport News, or
orfolk, vessels drawing ten feet and under, two dollars and
fifty cents; vessels drawing thirteen feet and over ten feet,
three dollars; vessels drawing fourteen feet and over thirteen
feet, three dollars and fifty cents; vessela drawing sixteen
feet and over fourteen feet, four dollars; vessels drawing
over sixteen feet, four dollars and fifty cents. If the vessel
shall be boarded or spoken twenty miles or more eastward of
Cape Henry, twenty-five cents per foot shall be added to the
foregoing rates. There shall be paid the same pilotage from
Smith’s Point, West Point, Newport News, or Norfolk, or
any intermediate point to sea, as from sea to those places;
and from Newport News to Jamestown, or any place between
Newport News and Jamestown, one dollar and thirty-five
cents per foot; from Newport News to Richmond, or any
place between Jamestown and Richmond, two dollars and
fifty cents per foot; and the same rates of pilotage shall be
paid from said places, respectively, down. Vessels coming
from sea to Hampton roads and thence to any port in Mary-
land, shall be subject to the same rate of pilotage as vessels
bound from Newport News to sea. All vessels coming to
Hampton Roads, seeking, in ballast, shall only pay one-balf
pilotage in and one-half out: provided, however, that if
such vessel coming to Hampton roads, seeking, is after-
wards chartered to load in any port or place in this state,
she shall pay the usual pilotage in and out as though she bad
come to a direct port. All steamers calling in any port or
place in this state for the sole purpose of coaling, shall only
pay one-half pilotage in, and one-half pilotage out. All ves-
sels that go from Norfolk to Newport News to load or to
finish loading, and all vessels that go from Newport News to
Norfolk to load or finish loading, shall, if they take a pilot,
which shall be optional with the master, pay a fee of ten
dollars to the pilot for transporting any such vessel to or
from either place.
17. If the master of any vessel shall conceal or obscure
the name thereof, or refuse to disclose the same when spoken
by a pilot, he shall forfeit to the said pilot fifty dollars.
18. If any pilot notified to attend a vessel shall be detained,
he shall have three dollars for each day’s detention.
19. Any pilot who shall attend any vessel with bis boat, at
the request of the master or owner, shall have fifty dollars
per day; any master carrying any pilot to sea, shall pay him
wages at the rate of seventy-five dullars per month.
t
20. If any vessel having no pilot on board follow another
that has a pilot, such pilot shall have pilotage for the vessel
so following. )
21. Any pilot being detained on board any sea-going vessel,
shall be entitled to three dollars for each day he may be so
detained, to be paid by the master, owner or consignec of
such vessel. If any such pilot be carried beyond the limits
of his state against his will, he shall be entitled to recover
the sum of three hundred dollars from the master or owner
of the vessel upon which he may have been carried away.
All vessels having a branch pilot, and arriving at the pilot
station, shall remain there fifteen hours, if required, to give
such pilot an opportunity to be taken off, under a penalty of
fifty dollars.
22. Hereafter all vessels transported from the naval anchor-
age to the navy-yard by any pilot, shall pay the sum of
twenty dollars.
23. The first pilot who meets a vessel coming, in which his
branch entitles him to conduct, shall have the right to take
charge of and conduct her into York river, Hampton roads,
Newport News, Norfolk, Mobjack bay, Urbanna, or Smith’s
point aforesaid, and to receive the pilotayve allowed by law;
ut any pilot that boards a vessel off any veasel other than
his boat, shall give the same to the first authorized pilot that
offers his services from a lawful Virginia pilot-boat any where
below the Thimble light; and the master of any such vessel
employing a pilot from any other than alawful Virgima pilot-
boat, shall be liable to the first regularly licensed pilot that
offers his services from a lawful pilot-boat of this state any-
where below Thimble light. |
24. Every pilot cruising or standing out to sea shall offer
his services to the vessel of his class nearest to land or in
most distress.
25. The master and owner of every vessel shall each be
liable to the pilot for his pilotage and. other allowances, and
also the consignee or supercargo of any vessel not owned by
a citizen of the state; and if the said consignee or super-
cargo refuse to become responsible to the pilot for his fee,
then the master or owner of said vessel shall deposit the
amount of pilotage fees due in the hands of some responsible
person before leaving her port of departure, subject to the
order of the pilot...
26. Pilots may state their accounts, verified by affidavits,
and lodge them with their agents in Norfolk, Richmond,
Newport News or Yorktown, or wherever they may think it
necessary to appoint such agent for collection; and if any
person liable on any such account, shall fail to pay the amount
thereof to the agent or the pilot himself within three days’
after demand made, he shall pay five dollars (in addition to
said amount) to said pilot.
27. The board of commissioners may decide any contro-
versy between pilots to whom it has granted branches, or
between any such pilot and the master, owner, or consignee
of any vesscl, which may arise under any law concerning
pilots. Its decision shall be final. If such decision requires
the payment of money, the board shall enter a judgment
therefor on the record of its proceedings; and on a copy
thereof being put into the hands of any sheriff, constable, or
sergeant, he shall enforce payment thereof as if it were an
execution against the property of the debtor, and have the
same fee.
28. But no judgment shall be entered unless due notice be
given of the time and place of trial, and of the claim or
charges to be preferred, and where the charge is against the
pilot for neglect of duty or violation of law, such judgment
shall in no case be for a longer suspension of the branch of
the accused than twelve months, nor less than one month, at
the discretion of the commissioners, unless where a longer
time is expressly prescribed.
29. Nothing herein shall authorize such board to decide
upon the liability of a pilot or his apprentice to any party
injured by his negligence or misconduct, or to prevent such
party from recovering for all damages occasioned thereby.
30. The board shall appoint a clerk, who shall keep a
record of all its proceedings, and the said commissioners, or
any one of them, may administer an oath and issue a sum-
mons.
31. Each person who shall appear before the board to be
examined as a pilot, shall pay to each commissioner present,
and also to the clerk, one dollar. When the board makes a
decision in a matter of controversy, the person against whom
the decision is, shall pay to each commissioner one dollar, and
to the clerk fifty cents.
32. If any pilot shall, tcr any service, demand or receive
less than the lawful fees, he shall forfeit the amount of said
lawful fee, which may be recovered by any person who will
claim the same, by warrant or by motion, one-half of which
recovery shall be paid to the board of commissioners. Such
pilot may, moreover, be suspended by said board, not exceed-
ing six months. And if any pot shall demand and receive
greater fees than are allowed by law, he shall forfeit to mas-
ter or owner double the amount of fees paid to him in any
such case, to be recovered in the same manner.
33. If any pilot or apprentice, without sufficient excuse,
shall refusc, when requested by the master, to go on board
any vessel and pilot her, or shall be intoxicated, or guilty of
any other misbehavior or neglect of duty while in charge of
a vessel, he shall be suspended not less than three nor more
than six months.
34. Whenever a pilot or apprentice shall be suspended, the
fact shall be published in some newspaper printed in Norfolk,
the cost of which shall be paid by such pilot; and if any pilot
so suspende’|, shall be found on board of any vessel as a pilot, or
shall offer to conduct any such vessel as such, he may be dis-
missed from such vessel by any pilot authorized to pilot her,
to whom all the fees of pilotage shall be paid, and the board
act; and whereas there were a large number of coupon
bonds printed under said act, and which now cumber the
safes of the treasurer, while by no probability can they be
hereafter used; be it therefore,
Resolved by the senate of Virginia (the house of delegates
concurring), That a committee of two upon the part of the
senate, and three upon the part of the house, be appointed,
who shall, in the presence of the governor of the common-
wealth, and the treasurer, cause to be destroyed by burning,
all the coupon bonds printed under the act of March twenty-
eighth, eighteen hundred and seventy-nine, now unissued in
the treasury, and that a list of bonds so destroyed, shall be
preserved in the offices of the treasurer and second auditor
of the commonwealth.
2. This joint resolution shall take effect from its passage.