Duty of master of wards Mobile. any person who shall carry out a vessel, not being entitled to do so, shall be held liable to the pilot who had the right, in the amount of the pilotage due or paid for carrying her out. And any pilot who has brought a vessel in shall be entitled to his fees of pilotage before her departure from port; and whenever a pilot, having a right to carry a ves sel out, is apprehensive that the master of such vessel will not pay his pilotage, he shall have a right to demand his fees in advance, or such security for the payment thereof as shall be reasonable, and on failure thereof, to refuse to carry her out. Sec. 10. And be it further enacted, That no person shall be authorized, or permitted, to conduct or pilot any vessel into, or out of the bay of Mobile, or over any of the bars thereof, unless such person shall have a license, as aforesaid; and any person, not having received such license, or having forfeited or been deprived thereof, as aforesaid, who shall bring into, or carry out of, the bay or harbor of Mobile, or over either of the bars thereof, any vessel, shall not only be entitled to no fee or reward for the same, but, for every such offence, shall forfeit and pay the sum of one hundred dollars: Provided, however, that the foregoing prohibition shall not be construed to prevent any person from assisting any vessel in distress, without a pilot on board, if such person shall deliver up such vessel to the first pilot who shall afterwards come on board and offer to conduct or pilot such vessel. Sec. 11. And be it further enacted, That any master of a vessel bearing towards the bar or harbor of Mobile, with vessel bearing to the intention of entering (all coasters and other vessels trading between the port of Mobile and New Orleans, or between said port and Pensacola, excepted) who shall re fuse to receive a Pilot on board, shall be, and is hereby made liable on his arrival in the bay or harbor of Mobile, to pay the pilot who first offered without the bar, to go on board and take charge of such vessel, one half the rate of pilotage allowed to such vessel's draft: Provided however, that if a pilot refuse to exhibit his license to the master of a vessel, when the latter demands it, the master shall not be liable to such pilot for rejecting his services. Pilot interested Sec. 12. And be it further enacted, That whenever a vessel is in readiness to leave, the master thereof, shall give shall have notice notice to the pilot who conducted said vessel in, and when of departure of such notice cannot be given personally, it shall be given in the following manner, viz: vessels lying in the lower bay, shall hoist a jack at the foremost head twenty-four Hours before leaving, and all vessels going down from Mobile, shall bring the north end of Dauphin Island to bear west, veasel. before they shall be allowed to take any other pilot or pilots, than those who conducted them in. And if the master of a vessel shall detain a pilot on board of his vessel, the wind and weather permitting her going to sea, such pilot shall be entitled to receive three dollars for every Penalty on masday he is so detained. And if any master of a vessel shall tor of vessel for carry off a pilot from the bay or harbor of Mobile, he shall carrying off pilot. pay such pilot two dollars for every day he is absent, and shall supply him with such provisions and other necessàries, as is usual for the maintainance of masters of vessels, and the master, as well the owner of such vessel, shall be liable for the same: Provided, however, that if such vessel shall have laid to for the space of four hours after crossing the bar, and no pilot boat shall appear to receive such pilot on board, the pilot shall not be entitled to receive the aforesaid sum of two dollars per day. Pilots. Sec. 13. Be it further enacted, That no pilot shall be interested directly or indirectly in the earnings of more than Restriction on two pilot boats, nor in the earnings of more than one.ĉombination or co.partnership of pilots; nor shall' any combination or co-partnership of pilots exist which shall be composed of more than ten pilots; and if any pilot shall be directly or indirectly interested in the earnings of more than two pilot boats, or be interested either directly or indirectly in the earnings of more than one combination or copartnership of pilots, or be a member of any combination or co-partnership composed of more than ten pilots, the Commissioners of Pilotage, or a majority, of them, shall declare the license of any and every pilot offending under this section or any part thereof, null and void; and every pilot so offending, shall forfeit and pay a sum not exceeding one hundred dollars. crossing over, or Sec. 14. And be it further enacted, That whenever a vessel is crossing over, or is inside of either of the bars of Where vessel is the bay or harbor of Mobile, (it shall be at the option of is inside the bar, the master to take or refuse a pilot, and if the master re- and gives notice, quires a pilot, he shall indicate it by signal, and) the near--pilots duty, est pilot boat shall furnish a pilot, and the pilot so officiating shall be entitled to one half the rate of pilotage allowed to such vessel's draft; and any pilot who shall refuse to board such vessel whenever required [as aforesaid] shall be deprived of his license by said commissioners, or a majori y of them, and shall forfeit and pay a sum not exceeding one hundred dollars. Sec. 15. Be it further enacted, That it shall be the duty, of every outer bay pilot to deliver to the master of any and Duty of out bac pilots. every vessel approaching the bay or harbor of Mobile, as soon as he can board such vessel, any and all letters which Rates of pilotage to be charged. may be sent to him for that purpose, or the person who requires the delivery of such letter or letters obligating himself to pay, or securing to such pilot the payment of forty dollars for such service; Provided, however, that, if after the delivery of such letter or letters the master employs the pilot who has delivered them, to pilot his vessel into port, the pilot shall be entitled to the sum of five dollars for the delivery of the letter or letters. Sec. 16. Be it further enacted, That the master, owner or consignee of every ship or vessel, shall pay the Pilots who conduct or pilot a vessel inward, into or outward from the bay or harbor of Mobile, in consideration for such services, the following rates of pilotage for the actual draft of water of such vessel at the time of pilotage, viz: on every vessel crossing the outer bar of Mobile bay, drawing not more than, ten feet water, two dollars and fifty cents per foot; on every vessel drawing more than ten, and not exceeding twelve feet water, two dollars and seventy five cents per foot; on all vessels drawing more than twelve, and not exceeding fourteen feet water, three dollars per foot; and on all vessels drawing more than fourteen feet water, three dollars and fifty cents per foot; and on all vessels crossing Dog river bar, of whatever draft of water, one dollar and fifty cents per foot. Sec. 17. Be it further enacted, That if any master of Penalty on master any ship or vessel, or other water craft, which shall hereof vessel for after come into the bay or harbor of Mobile, shall throw or other ballast in from on board such ship or vessel, cr other water craft, into the waters of the the waters of said bay or harbor, or within three miles of throwing gravel bay... Combs of pilot niaster of vessel. age shall sue the outside of the enter par of said bay or harbor, any stone, gravel or other balast he shall forfeit and pay, a sum nót exceeding two thousand, nor less than one thousand dollars for every such offerce, and be imprisoned not exceeding three months, nor less than three days, at the discretion of the court wherein such offender shall be sued; one half of the said forfeiture to be paid tothe first person who shall on oath, before either of the officers hereinafter named, give information of such offence, and the other half to the use of the said commissioners of pilotage. Sec. 18. Be it further enacted, That it shall be the duty of the said commissioners of Pilotage on having satisfactory evidence furnished them of the violation of the eighteenth section of this act, to sue for the said forfeiture, in any court having cognizance of the amount sucd for, by process of attachment to be issued in the same manner, and subject to the same rules of construction provided and established in other cases of attachment; the said attachment to be issued by either of the officers hereinafter named, and to Proviso. be levied upon the ship or vessel. or other water craft, the com's of violation Sec. 19. Be it further enacted, That it shall be the duty of every pilot of the bay or harbor of Mobile, to inform Pilots shall give the said commissioners of Pilotage of every violation of information to the eighteenth section of this act coming to their knowledge, of 18th sec. as soon as possible, after knowing thereof; and every pilot who shall know of such offence having been committed, and who shall fail to give such information as soon as possible, shall forthwith be deprived of his license, and shall be forever thereafter disqualified for the office of pilot of the bay or harbor-of Mobile; and the southern boundary or limit of the bay or harbor of Mobile is hereby declared to be the bar known as the outer bar, about two miles to the southward of said Island. Penalties to use Sec. 20. Be it further enacted, That the said Board of Commissioners, or a majority thereof, be, and they are of com'rs. hereby authorized, to sue for, and recover, any of the penalties and forfeitures under this act to their own use. Sec. 21. And be it further enacted, That all branch Appointment of pilots shall be appointed by the commissioners of pilotage, branch pilots. or a majority of them, and whenever a vacancy occurs in a branch, the person who shall have served the longest time as an apprentice shall be appointed to said vacancy, if deemed competent by said commissioners: Provided, that no person shall hold a bratch who is not engaged in piloting. vor of pilot boats Sec. 22. And be it further enacted, That when any pilot boat, belonging to a different pilot than the one who Provision in fas may have conducted any vessel out to sea, shall take such pilot off from said vessel, said pilot boat shall be entitled to one third of said vessel's pilotage. Sec. 23. And be it further enacted, That should the If no persons are presidents of the Insurance companies of the city of Mo- recommended in bile, or a majority of them, neglect, for thirty days after the passage of this act, to recommend five persons as com 30 days, Gov. to appoint. missioners of pilotage, as required by the first section of this act, the Governor shall, in that event, appoint such persons.commissioners as he shall think proper; and whenever a vacancy occurs, either by the death, resignation or otherwise, of any of said commissioners, the Governor shall, upon the recommendation of said presidents, fill said vacancy; and if no recommendation be made by said presidents, within thirty days after said vacancy shall occur, the Governor shall designate such person to fill it as he may think proper. Sec. 24. And be it further enacted, That all laws contravening, or impairing, the provisions of this act, be, and the same are hereby repealed. Approved, March 6, 1848. [No. 202.] AN ACT. For the Improvement of the Tennessee River. Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama, in General Assembly convened. That the Tennessee Valley Rail Road company shall have the Powors and priv power and privilege to improve the navigation of the Tennessee leges of the Teon river, between the mouth of Bear Creek, (being the line between Valley R. Road. the State of Mississippi and this State,) and the landing at Florence, by clearing out and deepening the channel, by blasting, excavating and the use of wing dams, so as to obviate the obstructions to navigation in the "Colbert's Shoals," and such other minor shoals as now afford obstructions to the navigation between the points above named, and to such extent as will permit the class of steam boats that can ascend (in the present state of improvement) the Tennesse river to the town of East Port, to go up to the landing at Florence at all seasons; and for this purpose said company may adopt such plan of operations to accomplish. said object as shall be deemed best by them; and they shall have liberty to raise the needful funds in the same manner as is prescribed by their charter for raising funds or capital for the extension or branching of their rail road. When the work shall be commen Sec. 2. And be it further enacted, That said rail road company shall commence said work of improvement within the space of two years, and shall complete the same within three years ced and finished. thereafter: Provided,that ifany independent company or association shall be formed for the purpose of making said improvement as specified, and the amount of stock that shall be deemed necessary for its accomplishment shall be subscribed and secured, such company shall have the power and privilege of making the said improvement under a separate organization' and administration, at any time (within the said term of years) if the said rail road company |