required, to lay off and establish the bounds of said additional regiment.

Shall be organi.

Sec. 3. And be it further enacted, That it shall be the duty of the Brigadier General commanding, to order an zed. election for a Colonel to command the regiment so formed in accordance with the militia laws'now in force.

shall be calleds

Sec. 4. And be it further enacted, That it shall be the duty of the commanding officer of said new regiment, Cot Martial when formed, to order a court martial, to consist of the field officers and captains of said new regiment, or a majority of them, whose duty it shall be to define the lines between company beats, according to law. Approved, March 2, 1848.

[No. 198.]

AN ACT

To establish a Company Beat in Marion County..

Sec. 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama in General Assembly convened,. That an additional company beat is hereby established in Bounds the county of Marion, bounded as follows: Beginning at the Mississippi State line, at the line dividing, townships "nine and ten; thence running with said line east, to Gaines' Trace; thence South with the same, through township ten, including two rowes of sections in township eleven; thence with that section line to the State line; thence with the same to the beginning.

Approved, March 6, 1848.

To abolish Brigade Encampment Drills, in a certain Brigade therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passage of

this act, so much of the law as requires brigade encamp- Abolished in 6th ment drills, to be holden in the sixth brigade, third division, brigade. Alabama militia, be, and the same is hereby repealed.

Sec. 2. And be it further enacted, That it shall be the Officers having duty of the officers of the said brigade, who have in pos- State property in session the tents, camp equipage and other articles, pur-rn it to Qr. Ms. chased by the State for the brigade encampment drills, to General.

T

possession to re

deliver the same to the Quarter Master General of the State, or to his order; and it shall be the duty of the Quarter Marter General, to take charge of the tents, camp equipage, and other articles, as aforesaid, in the same manner as he is now required by law, to take charge of Military

Sth Brigade.

9th Brigade.

4th Division.

11th Division.

To create the Eleventh Division of the Militia of the State of Alabama, and for other purposes.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly conveneu, That from and after the passage of this act, the regiments compo. sed of the counties of Butler, Conecuh and Covington, shall constitute the eighth brigade; the regiments composed' of the counties of Mobile and Baldwin, shall constitute the ninth brigade, and the regiments composed of the counties of Monroe, Clark and Washington, shall constitute the twenty second brigade,

Sec. 2 And be it further enacted, That the ninth and twenty second, brigades shall form and constitute the fourth division, and the eighth and thirteenth brigades shall form and constitute the eleven.h division.

Sec. 3. And be it further enacted, That the Major General of Duty of Maj Gen the fourth division is hereby required to order an election for a 4th division. Brigadier General, to command the twenty-second brigade, in the same manner as is now required by law, for the election of Brigadier Generals; and the Governor is hereby required to order Duty of Gov. in" 'an election for a Major General, to command the eleventh divisordering elections ion, in the same manner as is now required by law, for the elec tion of Major Generals.

Sec. 4. And be it further enacted, That all laws or parts of Jaws, contravening the provisions of this act, be, and the same are hereby repealed.

Approved March 4, 1848.

To alter and amend the several laws for the government and regulation of the Port and Harbor of Mobile.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the control and jurisdiction

heretofore given to the Harbor Master and Port Wardens Five com'rs of for the port of Mobile over the Pilots of the Bay of Mobile pilotage to be appointed in lieu of be, and the same is hereby, vested in five persons, to be Port Wardens. styled Commissioners of Pilotage of the Bay and Harbor of Mobile, which said commissioners shall be appointed by the Governor of this State, upon the recommendation of the Presidents of the several Insurance Companies in the City of Mobile, incorporated by this State, or a majority of them; and shall hold their offices for the term of six years, and until their successors shall be appointed; and, such appointment shall be made at every period of six years, and so often as vacancies shall occur; which vacancies shall be filled in the same manner, till the next regular time of appointment. And each of the said commissioners, appointed under this act, shall, before he enters upon the duties of, his office, take and subscribe an oath, or affirmation.

Pilots.

Sec. 2. And be it further enacted, That said commis- Powers of the sioners, or a majority of them, shall have power and au- com'rs in app'ing thority, at their discretion, to permit any person to act as a pilot for either of the bars of the Bay or Harbor of Mobile, and shall make such inquiry respecting him, and his qualifications, as to the said board of commissioners, or a majority thereof, shall appear necessary and expedient:-Provided, however, that before granting such license to any person, it shall be the duty of the board to appoint three nautical men to examine such applicant, as to his competency to manage or work vessels, and of his knowledge of the pilot grounds, currents, &c.; and, no license shall be granted to any person unless he receive the certificate of such examining committee, or any two of them: And provided, also, that said commissioners shall not appoint more than thirty pilots for the lower bar of Mobile Bay, nor more than ten for Dog River bar.

Powers, penalties

Sec. 3. And be it further enacted, That the commissioners of pilotage shall have power and authority to pre- & compensation. scribe to the pilots of the bay and harbor of Mobile such orders and regulations, and to allow such fees, and impose such penalties, net inconsistent with this act, as to the said commissioners, or a majority of them, may appear suitable and proper; and said commissioners shall be liable to the same penalties, and receive the same compensation, heretofore allowed to the Harbor Master and Port Wardens for similar services.

Sec. 4. And be it further enacted, That said commissioners of pilotage shall give to every person appointed by Shall give certif. them a certificate of his appointment, signed by a majority of them, or by their chairman by their direction; and such

of appointment.

pilot shall take and subscribe the following oath, which oath either of said commissioners is hereby authorized to Ceth of Pilots. administer, to wit: "I, (A. B.) do solemnly swear (or affirm) that I will well and faithfully, and according to the best of my skill and judgment, execute and discharge the business and duty of a Pilot for the Bay and Harbor of Mobile, and that I will, at all times, wind, weather and health permitting, use my best exertions to repair on board all ships and vessels that I shall see and conceive to be bound for, or coming into, or going out of the Bay or Harbor of Mobile, unless I am well assured some other licensed pilot is then on board the same. That I will, from time to time, and at all times, make the best despatch in my power to convey safely every vessel committed to my care, coming into or going out of the Bay or Harbor of Mobile; and that I will, at all times, well and truly observe, follow and fulfil, to the best of my skill and judgment, all such orders and directions as I may or shall receive from the Commissioners of Pilotage, relative to all things that may appertain to the duty of a pilot. And I do, furthermore, swear (or affirm) that I will not be interested, directly or indirectly, in the earnings of more than two pilot boats, nor in the earnings of any combination, or copartnership of pilots composed of more than ten pilots; nor will I be a member, at the same time, of more than one combination, or copartnership of pilots. So help me God."

Pilots shall give bond.

Com'rs may take away license of

Pilots in certain

Cases.

Sec. 5. And be it further enacted, That before the commissioners of pilotage shall deliver to any person a certificate of his appointment, they shall take from such person a bond, payable to the chairman of said board of commissioners, and to his successors in office, in the sum of one thousand dollars; which bond he, together with two securities, to be approved by a majority of said commissioners, shall give for the faithful discharge of his duties agreeably to this act. And said license shall be in force until their successors shall be appointed, or until he is deprived of his license in the manner herein provided for.

Sec. 6. And be it further enacted, That the commissioners of pilotage, or a majority of them, shall have power and authority to take away the license of any pilot, and to declare his license null and void, whenever it shall appear to them that such pilot has wilfully infringed or violated this act, or the orders or regulations of the said commissioners; or that he hath negligently or carelessly lost or injured any vessel under his care; or that he is laboring under mental derangement, or is so addicted to the habits of intoxication as to be unfit to be entrusted with the charge of a vessel, or becomes incompetent to discharge the duty.

declare license

Sec. 7. And be it further enacted, That if any pilot shall When com. shall discontinue to act for three months, or shall absent himself null and void. for ten days at any one time from the bay or harbor of Mobile, without leave of said commissioners, or a majority of them, he may be deprived of his license. And if at any time any vessel in the bay or harbor of Mobile shall be in charge of any civil officer, by virtue of any process issued from any Court of Record in this State, and any pilot shall conduct or pilot such vessel out of the bay or harbor of Mobile, while she is in the charge of such civil officer, said Effect thereof. commissioners, or a majority of them, shall declare the license of such pilot, so offending, pull and void, and he shall be forever thereafter disqualified for acting as a pilot, and shall moreover be subject to indictment, and upon indictment and conviction shall be fined such sum as the jury shall assess.

regulated.

Sec. 8 And be it further enacted, That every pilot boat cruising, or standing out to sea, shall offer the services Duty of Pilots of a plot to the vessel nearest the bar, (except when he sees a more distant vessel in distress,) under a penalty of fifty dollars for each and every neglect or refusal, either of approaching the nearest vessel, and of aiding her, if required, or aiding any vessel'shewing signals of distress, in the case above mentioned. And the commissioners of piJotage, or a majority of them, may, at their discretion. deprive the pilot neglecting or refusing, as aforesaid, of his license.

Sec. 9. And be it further enacted, That the pilot who has brought a vessel into port shall have the exclusive right of taking her out, unless the master of such vessel Rights of Pilots regulated. shall prove to the satisfaction of the commissioners, or a majority of them. that such pilot has misbehaved during the time he had charge of such vessel, or unless such pilot has been deprived of his license before the departure of such vessel; in either of which cases, another pilot may be employed, who shall be entitled to receive the outward pilotage. And every pilot having a right, or becoming entitled to take a vessel out, as aforesaid, shall have the right to attend in person, or to procure another pilot out of the pilot boat to which he is attached to attend for him, on such outward bound vessel; but if such person shall neither attend in person, nor substitute another pilot, as aforesaid, after the master of such vessel shall have given notice, in the manner hereinafter required, the master of such vessel shall be at liberty, at the expiration of the time above stated, to employ another pilot, who shall be bound, if not previously engaged, to take such vessel out, and said pilot shall be entitled to the outward pilotage; and