sonable and proper, as well to facilitate the due execution of their own powers and the performance of their own duties, as to enforce the performance of the duties required by this act to be performed by pilots licensed by virtue thereof, and their apprentices, boat-keepers and other persons employed in the pilot service; and which said rules, regulations, orders, ordinances and by-laws shall appear to the said commissioners best calculated to effect the objects of this act, according to the true intent and meaning thereof, and to secure to the said pilots, as nearly as may be practicable, an equal chance and encouragement for a fair competition for business in their calling, in proportion to their diligence, activity, industry, and enterprise: And if any pilot or other person shall deem himself aggrieved by any such rules, regulations, orders, ordinances or by-laws, or the partial and unjust operation of them, or any of them, he may appeal in the manner and form mentioned in the eleventh section of this act.

be kept.

§ 6. The said commissioners shall cause to be kept by Minutes to their secretary, who shall be in daily attendence at their of fice, a proper book or books, in which shall be written all the rules, regulations, orders, ordinances and by-laws which shall or may be made by the said commissioners; and also all their official transactions, doings and proceedings, and whatever else may be by them deemed proper and useful, and necessarily pertaining to their own and the duties of others connected with or employed in the pilot service. They shall also cause to be kept by their secretary, a register, in which shall be noted the names and places of residence of all the pilots who shall or may be licensed by virtue of this act, together with the date of the license of said pilots respectively, and which book or books of entries shall and may be inspected by any person or persons desiring to inspect the same.

deputy pilots

ed.

§7. The said commissioners shall with all convenient Pilots and speed after their appointment, proceed to license all those to be licens persons now licensed, to act as pilots by the way of SandyHook, including those called deputy pilots, as they may deem competent after examination, and also every other person of full age and good moral character, making application therefor, who after an examination, in the manner hereinafter prescribed, shall be found qualified to act as such pilot, giving a preference to such as have served three years as an apprentice to a licensed pilot; and the said commissioners shall continue from time to time to increase the number of pilots in the manner herein before mentioned, as the said commissioners may deem proper and the public good require. And for each license so granted the said commissioners shall receive the sum of two dollars; and the pilots so licensed are hereby anthorized and required to employ

Form of license.

Penalty for acting with

such boats for said pilot service as shall be approved of by the said commissioners, which boats shall be reported to their secretary on the first Mondays in May and November in each year, with the names of the apprentices and others attached thereto or interested therein respectively; all which persons shall be subject to the lawful orders, rules and regulations of the commissioners aforesaid.

§ 8. The said licenses shall be issued in the name of the people of the state of New-York, and signed by the commissioners, or a majority of them, and certified by the secretary.

§ 9. Any person not holding a license as pilot, who shall out license pilot or offer to pilot any ship or vessel to or from the port of New-York by the way of Sandy-Hook, shall be deemed guilty of a misdemeanor, and on conviction thereof, be punished by fine not exceeding fifty dollars. or imprisonment not exceeding one month; but no such penalty shall be incurred by piloting or offering to pilot any vessel which shall have been within sight of Sandy-Hook, with the usual signal for a pilot, and shall have waited two hours without one having offered: nor shall this section apply to the captain or master belonging to any vessel, acting as pilot thereof by virtue of this act.

Power to suspend pilots.

Complaints how to be

10. The said commissioners, or a majority of them, shall have power and authority at any and at all times to suspend any pilot licensed, by virtue of this act, for any time they may think proper; and may also, if deemed by them just and necessary, revoke and annul any license which shall have been by them granted to any person to act as a pilot as aforesaid: Upon proof of negligence or carelessness on the part of any pilot, or of wilful direliction of duty, or violation of any of the provisions of this act, or disobedience of any lawful order, rule, regulation or by-law duly made and promulgated by the said commissioners.

§ 11. If any complaint shall be preferred against any piinvestigated. lot or person connected with a pilot-boat, for any misbehaviour or neglect of duty, which complaint shall be deemed by the commissioners material to be investigated, they shall cause the same to be reduced to writing and sworn to before one of the said commissioners by the persons making the same, unless arising upon the knowledge of one or more of the said commissioners; and before any pilot shall be fined, suspended or deprived of his license for any alleged misconduct, he shall be summoned by a notice in writing to appear before said commissioners, specifying the nature and substance of the default with which he shall or may be charged, signed by the secretary, by order of the said commissioners, which notice shall be delivered to such pilot personally, or be left at his usual place of abode, at least fifteen days previous to the time mentioned in such notice for his appear

The accused

ance, to show cause, if any there be, why he ought not to be fined, suspended or his license revoked, as the case may be: And if such pilot shall neglect or refuse to appear as required by the said notice, or if on appearing before the said commissioners, he shall not show good and sufficient cause why he should not be fined, suspended, or his license be revoked, it shall be lawful for the said board of commissioners, either to revoke the license of the said pilot, or to suspend him from acting as such, or to fine him for such misconduct, as they may deem proper, such fine not to exceed one hundred dollars; and an entry thereof shall be made by the secretary in the books of the said board, of such fining, suspension or revocation, specifying the reasons or causes therefor; and the said pilot who may deem himself aggriev- may appeal. ed by the proceedings of the said board under this or any other section of this act, may at any time within fifteen days after due notice of the decision or judgment of said commissioners, appeal to the mayor, recorder and first judge of the court of common pleas of the said city of New-York; and the said commissioners shall, if duly notified of such appeal, forthwith certify and return a true copy of the record or minute of their said proceeding and decision in the premises, with the causes and reasons thereof duly set forth, to the said mayor, recorder and first judge, who, after examination, shall decide thereon, and confirm or reverse such act and decision of the said board of commissioners as to them or any two of them shall seem just and proper; which decision shall be final and conclusive, and shall be committed to writing, and transmitted by the said mayor, recorder or first judge to the said board of commissioners, who shall conform themselves thereto: And further, that it shall be Desision to the duty of the said mayor, recorder and first judge, or any two of them, to decide upon the said appeal, and to transmit their decision to the said board of commissioners, within ten days after the making of the appeal; but pending the said appeal, and until the act of suspension or revocation appealed from, the appellant shall be disqualified from acting as a pilot.

be made.

may be

§ 12. The said commissioners shall have power and au- Witnesses thority to issue subpoenas and compel the attendance of wit- subpœnaed. nesses to testify before them in all cases in which the power to adjudicate the same is conferred on them by this act, and to administer oaths to such witnesses. Every person duly subpoenaed as a witness, who shall not appear, or appearing shall refuse to testify, shall forfeit for every such non-appearance or refusal, (unless some reasonable cause or excuse shall be shown on his oath, or the oath of some other person,) such fine, not exceeding fifty dollars, as the said commissioners shall think reasonable to impose, which fine

Fees of officers decid

ing.

be examined

before licensed.

when collected shall be appropriated by them as hereinafter provided.

§ 13. The mayor, recorder and first judge aforesaid, or such of them as shall hear and decide any appeal, shall be entitled to receive from the appealing party, on presenting his appeal, the sum of ten dollars; but which shall, together with his taxable costs, be reimbursed out of the funds of the commissioners, in case their proceedings or order appealed from shall be set aside or reversed.

Applicants to § 14. It shall be the duty of the said commissioners, before they shall grant a license to any person applying therefor to act as a pilot in pursuance of this act, within one week thereafter, to call such applicant before them, and in presence of one or more of the pilots of the said port licensed to pilot vessels to and from the said port by the way of Sandy-Hook, who shall be notified to attend for the purpose, and who are hereby required to attend and assist in such examination; or in case of the non-attendance of the pilot or pilots who shall be so notified to attend for that purpose, then without the presence or assistance of any licensed pilot, to examine, or cause to be examined, such applicant, touching his qualifications for the office of a pilot, and in particular touching his knowledge of the sailing and management of a square rigged vessel, and also touching his knowledge of the tides, soundings, bearings and distances of the several shoals, rocks, bars and points of land and night lights in the navigation for which he applies for a license to act as a pilot, and touching any other matter relating thereto, which the said commissioners may think proper: And if upon examination the person so applying shall be found to be of good moral character and temperate habits, and to be possessed of sufficient ability, skill and experience to act as a pilot, and not otherwise, the said commissioners may grant him a license for piloting vessels to and from the port of New-York by the way of Sandy-Hook.

Captain,

owner or

apply for a pilot.

§ 15. The captain, owner, agent or consignee of any agent how to vessel outward bound, and requiring a pilot, shall make application therefor at the office of the commissioners, stating the name of said vessel, the wharf, pier or place where such vessel shall then be lying, and the time when said vessel will sail; which particulars shall be immediately entered in a book, to be kept for that purpose, by the secretary of said board. And it shall be the duty of the said secretary when such application shall be made, to give notice thereof without unnecessary delay, to a pilot then unemployed, giving preference to the one who may have brought such vessel into port, or to a pilot belonging to the same boat. And it shall be the duty of the pilot receiving such notice to repair on board said vessel in time to take charge of and pilot said vessel to sea; and for his neglect or refusal so to do,

Draft of wa

ter of vessel

given.

without good cause, he shall on proof thereof be subject to a fine not exceeding one hundred dollars or be suspended or deprived of his license, as the commissioners shall adjudge. § 16. The master or cominander of every vessel coming into, or going out of the said port, by the way of Sandy- to be truly Hook, shall give to the pilot employed in piloting such vessel, upon his inquiring, a true account of the draught of water of such vessel; and in case any master or commander shall not give a true account of such draught of water, he shall forfeit and pay one hundred dollars, and if such vessel should be run aground in consequence of such false account, the pilot shall not be responsible for the same. § 17. If any pilot shall be carried to sea when a boat is carried to attending to receive him, he shall be entitled to receive at the rate of one hundred dollars a month during his necessary absence, until his return to the port of New-York, in addition to the pilotage of said vessel; all which said monthly pay and pilotage shall be paid by the master or owner of said vessel, to the said pilot for the use of such pilot: When any vessel with a pilot on board, whether inward or outward bound, shall be blown off to sea, the charge of said vessel by the pilot shall cease.

Allowance to

pilot when

sea

ter into re.

to the peo

§ 18. Every pilot licensed as such in pursuance of this Pilots to enact, before he shall enter on the performance of his official cognizance duties, shall enter into a recognizance to the people of this ple state, before the mayor or recorder of the city of NewYork, with two sufficient sureties to be approved of by the said mayor or recorder, in the penalty of two hundred and fifty dollars each, with condition that the said pilot will diligently and faithfully execute the trust reposed in him, and the duties required of him by virtue of this act, and according to the directions of said act, and the rules, orders, regulations and by-laws of the board of commissioners made and promulgated by them in pursuance of said act and every recognizance, if forfeited, may at the instance of the said commissioners, or on the request of any person aggrieved, be prosecuted under the direction of the said commissioners, in any court having cognizance thereof, to judgment and execution, as in other cases; and the amount of such recognizance when received, shall, by order of the court in which the same was recovered, be paid to the said commissioners; and the said commissioners shall in such case, and also at any time after suit brought on such recognizance, if required by any party interested therein, examine into and ascertain the damages sustained by the party so aggrieved, and shall apply the money which may be recovered and received by them, or as much thereof as shall be required for that purpose, in or towards the payment of the damages so ascertained, and shall make report in writing to the aforesaid court, of the damages so ascertained, and of the pay