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. 9. D. 1811. assistance or presence of any licenced pilot, to examr

ine such person so applying for a licence to act as a pilot or deputy-pilot, or to cause him to be examined touching his qualifications for such an employment, and in particular touching his knowledge of the tides, soundings, bearings and distances of the several shoals, rocks, bars and points of land in the navigation for which he applies for a licence to act as a pilot or depu

ty-pilot, and touching any other matter the said board 'If found o

qualified, to of wardens may think proper. And if upon such ex* be licenced. amination the person so applying shall be found and

appear to the board to be of sufficient ability, skill and experience to act as a pilot, or as a deputy-pilot, as the case may be, and not oherwise, the said board of wardens may grant him a licence for piloting vessels by the way of Sandy Hook, or for piloting vessels through the channel of the East river, commonly call. ed Hell Gate, or for acting as a deputy-pilot under a li. cenced pilot, as such applicant shall desire and be found

qualified for: Provided, That every person applying who have for a licence to act as a deputy-pilot who shall have served an apprentice- served five years as an apprentice to a licenced pilot, ship entitled in pre. shall, if found qualified on such examination as aforeference to said to act as a deputy pilot, and if in other respects others.

he is a fit and proper person for such an employment, he shall be entitled to such licence in preference to any applicant or person who shall not have served such apprenticeship, and it shall be the duty of the said þoard to grant such licence to such apprentice accord

ingly: And provided also, That every person applying Persons for a licence to act as a pilot for the safe pilotage of who have ships and vessels to and from the port of New York served as deputy-pi- by the way of Sandy Hook, who shall have served two lots entitled to pilots 45. years as a deputy to a licenced pilot in that navigation, cence in shall, if found qualified on such examination as aforepreference io others. said, to act as a licenced pilot for that navigation, and

if he is in other respects a fit and proper person for such an employment, he shall be entitled to such licence in preference to any applicant or person who shall not have so served as such deputy-pilot, and it shall be the duty of the said board to grant such li- :

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. 357 cence to such applicant so having served as such depu. 4. D. 1811. ty accordingly.

Licences to VI. And be it further enacted, That all such licences be so to be granted by the said board of wardens to persons seal and by to act as pilots or as deputy-pilots, shall be under the ed seal of the said board of wardens, and shall be signed by the master, or in case of his death, absence or inability to act, by one of the wardens, and shall be attested by the clerk of the said board, or the person acting as clerk for the time being, and which licences shall be in force, unless revoked, (and except during the suspension of the pilot or deputy-pilot acting under the same How long

mcto be in when suspended) from the time of the granting thereof force until the same shall be revoked by the wardens as afore. said; and every person holding a commission as a branch pilot of the port of New York, or following the occu- Present pi

lots and pation of a pilot of the said port of New York at the deputies to time of passing this act, shall, within thirty days there-take new after, apply in person to the said board of wardens for within 30 the port of New York for a licence to entitle hiin to act as as a pilot or as a deputy pilot for or in the said port of New-York; and on such application, his commission as a branch pilot being delivered up to the said board of wardens, or his deputation as a deputy under a branch pilot being cancelled, he shall be entitled of course to receive a licence to act as a pilot or deputy-pilot of the port of New-York under and according to this act, and subject to the provisions thereof, in the capacity of a pilot for piloting vessels by the way of Sandy Hook, if he was commissioned as a branch pilot for piloting by the way of Sandy Hook, or in the capacity of a pilot for the sale pilotage of vessels to and from the port of NewYork through the channel of the East river, commonly called Hell Gate, if he shall have been commissioned as a pilot for that navigation, or as a deputy-pilot, if he .. shall have been employed as a deputy; and if any per- piloting ves son whomsoever, not being licenced as aforesaid, or who se shall be suspended by the board of wardens, shall, un-ces der any pretence whatever, at any time after the expira. tion of thirty days from the passing of this act, pilot or offer to pilot any ship or vessel to or from the port of New-York by way of Sandy Hook, for hire or any compensation for such pilotage, when a licenced pilot or

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A.D. 1811. deputy-pilot offers, he shall forfeit and pay to the said

board of wardens the sum of fifty dollars for each and every vessel he shall so pilot or offer to pilot; or if any such person shall pilot or offer to pilot any ship or vessel, other than vessels employed in the coasting trade between the port of New-York and any other port of the United States, through the Sound or Hell Gate, or shall pilot or offer to pilot in like manner any coasting vessel exhibiting the usual signal for a pilot to come on board when a licenced pilot er deputy-pilot offers, he shall forfeit and pay the sum of thirty dollars for each and every vessel he shall so pilot or offer to pilot.

VII. And be it further enacted, That each licenced Each pilot may hare pilot may have one deputy under him, to be oppointed ane deputy and licenced by the said board of wardens, to act as a

deputy-pilot under such licenced pilot, and which said Who is to be subject deputy-pilot shall be subject to the same regulations and to the same liable to the same fines, forfeitures and penalties as lirules as pi-“

cenced pilots ; and that every licenced pilot and deputy-pilot of the port of New York, before he enters upon

his employment as a pilot, or as a deputy-pilot under Pilots and

do such licence, shall enter into a recognizance to the peoenter into ple of this state before the mayor or recorder of the city recogniz

of New York, with two sufficient sureties, to be approv. ed of by the said board of wardens, each in the penalty of two hundred and fifty dollars, with condition that he will diligently and faithfully execute the trust reposed in him, and the duties required of him as such pilot or deputy-pilot, as the case may be, according to the di

rections of this act, and such rules, orders and regula. In what

oc. tions as may be given him in pursuance thereof; and pizance to every such recognizance, if forfeited, may, at the inbe prosecut

stance of the said board of wardens, or on the request of any party aggrieved, be prosecuted under the directions of the said board of wardens, in any court having

cognizance thereof, to judgment and execution as in. Monies re-other cases ; and the amount of such recognizances, how dispos

boe when received, shall by an order of the court in which ed of the same shall be recovered, be so paid to the said board

of wardens; and the said board shall in such case, and also at any time after suit brought on such recognizance, if required by any party interested therein, examine into

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and ascertain the damages sustained by the party so ag. A. D. 1811, grieved, and shall apply the monies which may be so recovered by them, or as much thereof as shall be required for the purpos è, in or towards the payment of the damages so ascertained, and shall make report in writing to the court in which such recovery shall be had, of the damages so ascertained, and of the payment so made for or on account thereof: Provided always, That if Proviso the licenced pilot or deputy-pilot so offending shall, before judgment obtained on his recognizance as aforesaid, pay to the party aggrieved the damages to be ascertained by the board of wardens in manner aforesaid, together with the costs of suit, the suit on such recognizance shall be discontinued.

VIII. And be it further enacted, Thåt each licenced W pilot of the port of New York shall be and continue boat or part owner or part owner of a good and sufficient pilot boat, to be approved of by the board of wardens, and shall keep her 'exclusively employed as a pilot boat; and every licenced pilot not owning and employing a pilot boat as aforesaid, shall forfeit his licence. IX. And be it further enacted, That it shall not be Not more

in than 20 per lawful for more than two boat's crews, not exceeding 50 twenty persons in all, pilots and deputy-pilots included, a joint 10

a, terest in but exclusive of apprentices, to be in partnership, or the business have a joint or common interest or concern in their of pilotage business as pilots, or in the pilotage, profits or emolu. ments thereof, without a special permit in writing for that purpose from the said board of wardens; and each and every pilot or deputy-pilot offending against the pro- Penalty for visions of this section shall forfeit and pay for each and every offence the sum of fifty dollars; and every con-ions of this tinuance of such partnership, or other joint or common interest or concern, after suit brought against any such offender, notwithstanding that the same may be varied or altered as to parties or terins, or otherwise, and whether the same shall be so varied or altered or not, shall be deemed a new offence in each and every person so continuing the same, who shall forfeit and pay the like. sum of fifty dollars for each and every such continuance thereof, and so from time to time on each and every subsequent suit brought; or it shall be lawful for the board

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A.D. 1811. of wardens, in their discretion, to revoke the licence of

any pilot or deputy-pilot who shall offend against the provisions of this section, or to suspend him from acting as a pilot or deputy-pilot for such time as the said

board shall think proper. Pilots and X. And be it further enacted, That every pilot or deputies to make re. deputy-pilot who shall pilot any ship or vessel to the port of ves por

es port of New York shall, within twenty-four hours sels piloted Pi

next after the arrival of such ship or vessel at her place of mooring or anchorage, or of such pilot at the city of New York, make report thereof, or cause report thereof to be made at the wardens office, specifying the name of the vessel and her master, and to the best of his information, the number of persons on board such vessel, and the port from whence she came, and to whom consigned, with such other and further particulars concerning such vessel and her voyage as the said

board of wardens may, by their rules and orders from Penalty for time to time require to be reported; and if any pilot Reglect or deputy-pilot shall neglect or refuse so to do, or shall

knowingly make a false report, he shall forfeit and pay for every such offence the sum of ten dollars. .

XI. And be it further enacted, That if any pilot or Penalty on deputy-pilot shall misbehave when in the execution of pilots and his duty, it shall and may be lawful to and for the board deputies

of wardens, on complaint thereof made to them, to aphavior

point a time and place of hearing, whereof fifteen days notice shall be given to such pilot or deputy-pilot, and on due proof being made to the said board of wardens, to their satisfaction, of misbehaviour of such pilot or deputy-pilot, to fine such pilot or deputy-pilot therefor in any sum not exceeding twenty-five dollars, or to suspend him for any term which the said board may think proper : Provided always, That nothing herein contained shall be so construed as to prevent the owner or consignee of such vessel, or any other person or persons, from recovering his or their damages, if any, by occasion of such misbehavior of such pilot or deputy-pilot, in any court having cognizance of the same.

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