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1801.

Pilots to be arranged into claffes.

To take charge of veffels according to their claffes.

Removal out of flate a difqualification.

Pilots to keep fufficient boats.

Penalty on perfons for piloting without authority.

418

IN THE TWENTY-SIXTH YEAR OF THE COMMONWEALTH. lodged in the clerk's office of the county or corporation where it may be executed, and may be fued at the inftance of any perfon injured by a breach of the conditions thereof.

V. ALL pilots within this commonwealth fhall be arranged into three claffs, and diftinguished by the numbers-firft clafs-fecond class-third class: And, in every bra ch to be granted under the authority of this aft, the examiners who grant, fhall diftinguish to which clafs the pilot obtaining a branch fhall belong.

VI. THE pilots belonging to the firft clafs, fhall alone have power to pilot and conduct veffels of every burthen and defcription; thofe belonging to the fecond clafs fhall be confined to conducting and piloting fuch veffels whose draught of water fhall not exceed twelve feet; and the third rate pilots fhall he confined to the piloting veffels whofe draught of water shall not exceed nine feet.

VII. EVERY perfon removing out of this commonwealth, after having obtained a branch as aforefaid, fhall be incapable to act as a pilot, and his removal fhall be confidered as vacating his branch; and fuch perfon acting thereafter as a pilot, fhall be fubject to the like penalties as thofe are fubject to by this law, for acting as pilots without having a proper boat, or without obtaining a branch.

VIII. NO perfon fhall undertake the bufinefs of a pilot, although he may have received a branch as aforefaid, unless he or the company to which he belongs, fhall keep one fufficient boat, of eighteen feet keel at least, under the penalty of one hundred and fifty dollars, which may be recovered, in any court of record in this commonwealth, by any perfon who will fue for the fame, by action of debt, in which he or they may be held to bail: And if any perfon, without having and obtaining a branch as aforefaid, fhall undertake to conduct any veffel from fea, to and from the places herein after mentioned, he shall incur the penalty of thirty dollars, to be recovered in like manner: And moreover, every fuch perfon shall be liable for all damages occafioned by his piloting, which may be recovered by action, in any court of record in this Provifo as to veffels in commonwealth, by any perfon injured: Provided, That this act shall not extend to prevent any perfon from affifting a veffel in diftrefs, fo as he or they deliver up fuch veffel to the pilot, who shall offer to undertake the conducting of her, for which fuch afiftant shall and may demand and receive from the faid pilot, half the fees allowed for pilotage by this act.

diftrefs.

Not more than four pilots to be in partnership.

Pilot boats to be marked.

Apprentices allowed to pilot in certain cafes.

Rules for pilote.

Penalty on pilots for lafing veficit.

De of pilots meet

IX. NO more than four pilots shall be in partnership under the penalty of the fame. one hundred dollars each; to be recovered with colls, by any perfon fuing for

X. EVERY pilot boat shall have her name, and the port to which she belongs, marked ten feet below the head of her forefail, on each fide thereof in letters of at least nine inches in length; otherwife the owner or owners shall not be entitled to the fees allowed by this aft.

XI. IF any branch pilot shall have an apprentice, who shall be adjudged by a board of examiners, qualified to conduct and pilot a veffel, fuch appreatice may, upon receiving a copy of his master's branch, with the name of the pilot boat, and the port to which she belongs, endorfed thereon by a board of examiners, (who shall alfo endorfe the clafs to which the faid mafter be longs) take charge of, and conduct any veffel rated according to his clafs; And no branch pilot shall be at liberty to take from fuch apprentice any veffel which he may have in charge.

XII. AND be it further enacted, That it shall be lawful for any pilot be longing to this commonwealth, who firft meets a veffel coming from fea, to take charge of and conduct her into Hampton road. York river, or Mob-jack bay, and to receive the fees allowed by law for piloting veffels to the aforefaid places; from whence any pilot having a branch which will authorise him to conduct her to the port to which she is destined, may and shall take charge of fuch veffel.

XIII. IF any pilot or his apprentice, who may be authorised as this aft requires, shall negligently or by mifconduct, lofe any veffel in his charge, and fuch negligence or misconduct be fatisfactorily proved before the examiners, fuch pilot shall be fufpended for a time not exceeding fix months; and moreover shall be liable to the party injured, for all damages occafioned by fuch neg ligence or misconduct.

XIV. THE pilot who firft meets a vessel coming into this commonwealth,

IN THE TWENTY-SIXTH YEAR OF THE COMMONWEALTH.

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shall enquire into the health of her crew, and the place from which she laft irg veffels.
came; and if she came from any place from whence veffels coming are re-
quired to perform quarantine, he shall immediately direct her to follow his
veffel, ftrictly attending to her, and conducting her to the nearest place for vef-
fels to perform quarantine; and fuch pilot shall, as foon after as poffible, give
notice to the fuperintendant of quarantine at the port neareft fuch place, if there

be one, of the arrival of fuch veffel; for which extra trouble the pilot shall be Penalty for negle&a
allowed feven dollars, to be paid by the mafter or owner of fuch vefle!; and

if any pilot conducting fuch veffel, shall fail to give notice to the fuperintendant as aforefaid, he shall, upon complaint and due proof of fuch failure, be fuf

pended by the examiners for a term not exceeding two months; and if any pi- Allowance to pilots des igt shall be decoyed on board any veffel in which there is a contagious difeafe, coyed on board veffels and be thereby obliged to remain on board, and perform quarantine, fuch pilot in certain cafes. shall be allowed and paid by the mafter or owner thereof, three dollars for every

lative to quarantine.

day he shall be fo detained. And, to the end that all pilots may be properly Duty of governor in ifinformed, when vefiels coming into this flate from any place shall be bound fuing proclamations reto perform quarantine, the governor of this commonwealth for the time being, is hereby required, whenever he shail iffue a proclamation to that effect, to tranfmit to the fuperintendant of quarantine, fo many copies thereof as he may think proper; and the fuperintendant shall forthwith caufe to be delivered to each pilot a copy of fuch proclamation.

XV. AND be it further enacted, That the rates of pilotage on American veffels shall hereafter be as follows, to wit: From fea to Hampton road twelve dollars, and from Hampton road to fea feven dollars and fifty cents, and for each foot of depth of water the veffel draws, from Hampton road or Seawell's point to Norfolk or Portfmouth, eighty-eight cents per foot; to Sleepy hole or Lookout, one dollar and three cents per foot; to Pagan creek eighty-eight cents per foot; to James town one dollar and ninety-four cents per foot; to Martin's Brandon two dollars and twelve cents per foot; to Flower de Hundred two dollars and twenty-five cents per foot; to City-Point or Bermuda Hundred two dollars and eighty-feven cents per foot; to Four mile creek three dollars and forty-eight cents per foot; to Ofbornes three dollars and eightyfeven cents per foot; to Warwick four dollars and thirty-four cents per foot; to Richmond four dollars and fixty-three cents per foot. On York river, coming from fea to York town twe dollars; from York town to fea feven dollars and fifty cents; from Back river or Egg iland to York town fix dollars; from York town to Weft Point one dollar and thirty-three cents per foot; to Cumberland one dollar and fixty-three cents per foot; to the higheft landing on Pamunkey river two dollars and feven cents per foot; to Shepard's one dollar and forty-feven cents per foot; to Meredith's, Moore's, or the highest landing on Mattapony one dollar and ninety-feven cents per foot; from Cape Henry to any river on Mobjack bay, twelve dollars; and from Mobjack bay to fea feven dollars and fifty cents; from the capes to Urbanna fifteen dollars; and from Urbanna to fea twelve dollars; from Urbanna to Tappahannock one dollar and forty cents per foot; to Naylor's hole one dollar and thirty-eight cents per foot; to Leed's or Micou's two dollars and thirteen cents per foot; to Port Royal two dollars and ninety-feven cents per foot; to Fredericksburg three dollars and seventy cents per foot; from fea to Piankatank fifteen dollars; and from Piankatank to fea twelve dollars.

XVI. BE it enacted, That the rates of pilotage from Cape Henry up the Potomack river as high as the Eastern Branch fhall be as follows: From the cape to Smith's point on South Potomack coming from fea twenty-five dollars, and for going out twenty dollars and eighty-three cents; from Smith's point to Coan or Yeocomico feventy-four cents per foot; to Machadock eigh ty-four cents per foot; to upper Machadock one dollar and twelve cents per foot; to Nangomy one dollar and thirty-feven cents per foot; to Boyd's Hole one dollar and forty-feven cents per foot; to Quantico one dollar and fifty-eight cents per foot; to Occoquan one dollar and feventy-eight cents per foot; to Pifcattaway two dollars and ten cents per foot; to Alexandria two dollars and forty-eight cents per foot; and to the Eaftern branch two dollars and fixty-two cents per foot; and the pilots fhall and nay demand the fame rates for each foot back from the aforefaid places.

XVII. THE pilots fhall be, and they are hereby entitled to demand and receive from foreign veffels one fourth in addition to the foregoing rates: Provided, that coafting veffels shall not be obliged to take a pilot. Every pilot

Rates of pilotage on A

merican vefiels.

Additional pilotage on
foreign veffels.

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of war.

1801.

420 IN THE TWENTY-SIXTH YEAR OF THE COMMONWEALTH.. taking charge of a fhip of war shall be entitled to receive in lieu of pilotage Rates for piloting hips allowed by this act, the following prices: For fhips of war above fifty guns, from Cape Henry to Hampton road twenty dollars; for fhips under fifty and above twenty guns fifteen dollars; from Cape Henry to York town, for fhips above fifty guns twenty-four dollars; thips under fifty guns and above twenty guns eighteen dollars; from Cape Henry to any river on Mobjack bay twen ty-five dollars; from the cape to Smith's point on South Potomack forty-five dollars, and the fame prices back.

Allowance to pilote detained by the veffel's not being ready,

Penalty on pilota re

XVIII. AND when any master of a veffel fhall give reasonable notice to the pilot he shall employ, of the time and place fuch mafter shall appoint for his attendance, and fuch pilot shall attend accordingly, he may demand and receive one dollar and feventy-five cents for every day he fhall be detained by fuch mafter's not being ready to proceed according to his notice.

XIX. AND in all cafes hereafter, when a veffel fhall be outward bound and anchored in Hampton road, and the maiter shall detain a pilot, after a fair wind offers for going to fea, fuch pilot fhall be entitled to demand one dollar and feventy-five cents for every day he fhall be detained: Provided, That the fame fhall not extend to veffels falling down into Hampton road, and not intending immediately to proceed to fea; in which cafe the mafter may discharge the pilot.

on

board

XX. AND if any pilot, not being hindered by fickness or other lawful caufe, fhall refufe when requested by the master of any veffel, to go fufing to do their duty and conduct her, fuch pilot shall upon complaint and fatisfactory evidence before the board of examiners, be fufpended for fuch time as they shall think fit: And if any injury shall arife to the master in confequence of fuch refufal, fuch pilot shall be aniwerable to him for all damages, to be recovered by action in any court of record within this commonwealth.

Allowance to pilots carried to fea.

To pilots attending with their boats.

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XXI. EVERY mafter of a veffel carrying a pilot to fea, shall pay to fuch pilot the fame wages as the mate of fuch veffel receives.

XXII. EVERY pilot who shall attend any veffel with his boat, at the requeft of the maiter or owner, shall be allowed and paid, feven dollars per day for fuch attendance.

XXIII. EVERY captain or mafter of a veffel, shall receive a branch pilot, if one offers, to conduct his veffel out to fea from the port of lading.

XXIV. THE fees allowed by this at, for piloting a veffel into this com monwealth, shall only be paid when a pilot has boarded a veffel without the capes of Virginia, or oppofite to them; if the veffel be boarded by a pilot within the capes, he shall be entitled to demand only half of the fees before Specified into Hampton road.

XXV. THE confignees or fuper cargo of any veffel, not owned by a citi zen refiding in this ftate, shall be liable for the pilotage, if not paid by the

maller.

XXVI. AND in order that ftrangers and others may not be imposed on in the rates of pilotage, by this act allowed, Be it enacted, That every pilot appointed under the authority of this act, shall be obliged, when in the execu tion of his duty, to carry with him à copy thereof, and shall produce the fame, if demanded by any mailer or owner of a veffel which he may conduct, before he shall be entitled to receive his pilotage from them, or either of them; and if any pilot shall demand, or receive greater fees for any fervices rendered, under the authority of this act, than he is allowed, he shall forfeit and pay to fuch nafter or owner double the amount by him received, to be recovered by action of debt in any court of record within this commonwealth.

XXVII NO negro or mulatto shall, after the paffing of this act, obtain a branch as a pilot: Provided, however, that this prohibition fhall not extend to, or affect, any fuch perfon now having a branch.

XXVIII. THE public printer fhall furnish the examiners with one hundred copies of this act; one of which copies, figned by three of the faid examiners, shall be delivered to each pilot.

XXIX. ALL and every act and acts, claufes and parts of acts, coming within the purview of this act, fhall be and the fame are hereby repealed. XXX. THIS aft fhall commence and be in force, from and after the inf day of April next.

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