AT A GENERAL ASSEMBLY Benjamin esq. gover Begun and held at the Public Buildings in the City of Richmond, on Harrison, Monday the fifth day of May, in the nor. year of our Lord one thousand seven hundred and eighty-three, and in the seventh year of the commonwealth. CHAP. 1.* Ch. CXLV in original. An act for establishing pilots and re- Chan. Rev. gulating their fees. pa. 184. 1. WHEREAS it is necessary for the safety and Preamble. preservation of vessels coming into the bay of Chesapeake, bound up the rivers of this commonwealth, that able and experienced pilots should be established to conduct such vessels, for reasonable fees, to their seve ral moorings; and to prevent ignorant and unskilful persons from undertaking such pilotage; Be it enacted, That Paul Loyal, Thomas Brown, James Barron, sons appoinJohn Gwinn, Edward Cowper, Charles Bailey, and ted to examWilliam Ballard, or any three of them, be, and they ine & grant to pilots are hereby appointed to examine every person that branches. shall desire to be admitted a pilot, he first producing a *In the original the chapters are numbered progressively from the end of the last session, although the paging commences anew. But, as in the Chancellors' Revisal, the chapters commence with number 1, and the sections are differently ar ranged, in many instances, from the original, I shall conform to the Chancellors' Revisal, in this publication, for the convenience of reference. Certain per Penalties. use: certificate from the county court where he resides, of his honesty and good behaviour, paying down to the examiners, the sum of thirty shillings; and if upon examination the person shall appear of sufficient skill and ability, the said examiners shall thereupon grant such person a branch, and thenceforth he shall be rePilots to puted a lawful pilot. Provided, That no person whatkeep suffisoever, shall be permitted to execute the business of a cient boats. pilot, notwithstanding he may have such branch as aforesaid, unless he or the company to which he belongs, shall keep one sufficient boat of eighteen feet keel at the least, under the penalty of fifty pounds for every vessel such pilot shall undertake to conduct; to be recovered with costs, in any court of record in this state, by the party suing for the same, to his or their own And if any person not having such branch, and keeping such boat as aforesaid, shall presume to take upon himself to conduct or pilot any vessel coming from sea to any place or places hereafter-mentioned, every such person shall forfeit and pay the sum of fifty pounds; to he recovered with costs, in any court within this state, by the party suing for the same; and moreover such person shall be liable for all damages occasioned by his undertaking the pilotage; to be recovered by action at common law, in any court within this state, by the party grieved. Provided, That this act shall not be construed to extend to hinder any person or persons from assisting any vessel in distress, so as he or they shall deliver up such vessel to the pilot who shall come on board and offer to undertake the conduct of her, for which such assistant shall and may demand and receive from the said pilot, half the fees allowed for pilotage by this act. Proviso. No more JI. And whereas great inconveniencies have arisen than two pi from pilots entering into combination or partnership, lots to be in which has occasioned great neglect of their duty: For partnership prevention whereof, Be it enacted, That no more than two pilots shall be in partnership, under the penalty of one hundred pounds each, to be recovered with costs, by any person suing for the same. Rules for masters of ships and pilots. III. And for the encouragement of pilots to do their duty, and that all pilots may be induced to keep a good lookout; Be it enacted, That every master of a merchant's vessel coming from sea, shall be obliged to receive the first pilot who offers to conduct his vessel, or -shall pay him full pilotage to the first port, and shall continue the same pilot to his first port of discharge; and every pilot cruising or standing out to sea, shall offer his services first to the vessel which may be nearest the land, or in most distress, And if any pilot, not being hindred by sickness, or other lawful cause, shall refuse to go on board any vessel, when required by the master, to execute his office, such pilot or pilots, in either case, shall, upon complaint and conviction before the examiners, or any three of them, forfeit to the party grieved, twenty pounds; and be liable to be suspended by them for such term or time as they shall think fit. IV. And be it enacted, That if any pilot shall ne- Pilots inca. gligently or carelessly lose any vessel under his care, liable to dapacitated & and be thereof convicted by due course of law, he shall mages for forever after such conviction, be incapable of acting losing ships, as a pilot in this state, and shall be also liable to pay all such damages any person or persons shall sustain by such negligence or carelessness, to be recovered as is before directed. V. And for preventing any exorbitant demands for pilotage, Be it enacted, That the following, and no greater prices, shall be taken or demanded, to wit. Rates of pi On James river, for all square rigged vessels coming lotage, from sea, from cape Henry or Lynhaven bay to Hampton road, forty shillings; and for going out to sea, thirty shillings; and for each foot depth of water they draw, from Hampton road or Sewell's point to Norfolk, two shillings per foot; to Sleepy-Hole or Sack Point, in Nansemond, three shillings per foot; to Pagan creek, two shillings and three pence per foot; to Jamestown, six shillings per foot; to Martin's Brandon, six shillings and six pence per foot; to Flower de Hundred, seven shillings per foot; to City Point or Bermuda Hundred, nine shillings per foot; to Four-Mile creek, eleven shillings per foot; to Osborne's, twelve shillings and six pence per foot; to Warwick, fourteen shillings per foot; and to Richmond, fifteen shillings per foot. On York river, coming from sea, from the cape or Lynhaven to York town, three pounds; and for going out to sea, two pounds; from Back river or Egg-Island to York town, thirty shillings; from York town_to West-Point, four shillings per foot; to Cumberland five shillings per foot; to the highest landings on Pamun key, six shillings and three pence per foot; to Shep. to Pianketank, the same pilotage as to Urbanna.From the cape to Smith's point, on south Potowmack, coming from sea, six pounds; and for going out five pounds; from Smith's point to Coan or Yocomico, two shillings and six pence per foot; to Machodack, three shillings, to Upper Machodack, four shillings per foot; to Nangomy, five shillings; to Boyd's Hole, five shillings and six pence per foot; to Quantico six shillings; to Ocoquan, six shillings and six pence per foot; to Piscataway, eight shillings; to Alexandria, nine shillings and six pence per foot; to Eastern Branch ten shillings per foot; and the same fees by the foot back again; and from the places aforesaid to the Capes, and no more; and for all sloops and schooners, two thirds of the rates of pilotage. And when any master appointment of a vessel shall give reasonable notice to the pilot he shall employ, of the time and place such master shall appoint for his attendance, and such pilot shall attend accordingly, he may demand and take the sum of ten shillings for every day he shall be detained by such master's not being ready to proceed according to his notice; and if any pilot shall demand or exact any other greater fee, he shall forfeit double the sum so demanded, recoverable before two justices, one of them being of the quorum, with cost, by the informer. And allow. ance for dis Pilot to have one white apprentice at least. Proviso. VI. And be it enacted, That every pilot, before he obtains his branch, shall take one white apprentice at the least, and employ him constantly on board his boat, instructing him in the art of his business, which apprentice shall have the usual allowances made him at the expiration of his apprenticeship, and shall be exempt from militia duty. Provided always. That no masters of vessels shall be obliged to take a pilot who shall not offer himself below the Horse Shoe, but every vessel having no pilot on board, and following another that has a pilot, shall pay him half fees. a copy of VII. And to the end that strangers may not be imposed on in the rates of pilotage, as settled by this act, Be it enacted, That every pilot appointed in pur- Pilots to carsuance of this act shall be obliged, when he is in exe- ry with them cution of his office, to carry with him a copy thereof, and produce and when he receives his fees for the services perform- this act. ed on board any vessel, he shall produce the said copy to the master of the vessel, to shew that he demands no greater fee than is allowed by this act; and if any pilot shall neglect or refuse such copy, as aforesaid, he shall forfeit and pay twenty pounds to any person who shall sue for the same, to be recovered in any court within this state. Penalty, VIII. And for the further encouragement of pilots Branch pito do their duty, Be it enacted, That every branch pi- lots exemptlot shall, and he is hereby exempted from, militia du- ed from mili ty, during the time he shall act as a pilot. This act tia duty. shall take place from and after the first day of July, one thousand seven hundred and eighty three. IX. And be it enacted, That the public printer shall furnish the examiners, on demand, fifty copies of this act, one of which copies, signed by three of the said examiners, shall be delivered to each pilot when he obtains his branch. Commencement of act CHAP. II. An act for the relief of sheriffs. Ch. CXLVI in original. I. WHEREAS difficulties unforeseen by the legislature have occurred, so as to render it impossible for Preamble. the sheriffs to comply with the letter of the law, in accounting for, and paying into the public treasury, the commutable articles by them collected for the taxes due in the year seventeen hundred and eighty two, by means whereof judgments to very considerable amounts have been, or may be, rendered against many of the said sheriffs who have demonstrated a willingness to make |