next, it shall not be lawful for any negroe, or other slave or slaves, in the counties aforesaid; and in the counties of Stafford, Prince William, Norfolk, Spotsylvania, Nansemond, and Accomack, in going from one plantation to another, to carry with him, her, or them, any dog whatsoever, other than is herein after excepted, and if any slave or slaves, shall presume to carry about with him, her, or them, any dog, contrary to the intention of this act, it shall, and may be lawful, for any person or persons whatsoever, to kill and destroy every such dog; and moreover the slave or slaves so offending shall upon complaint made before any justice of the peace, receive on his, her, or their bare back, ten lashes, by order of such justice. negroe quar III. And be it further enacted by the authority afore- No more said, That no more than two dogs, shall be kept at than two any negroe quarter, in the counties aforesaid, at one dogs to be time; and in case more dogs shall be found to belong kept at any to the same quarter, it shall be lawful for any person ter in the seor persons to kill and destroy every dog kept at such veral counquarter above that number, by order of any justice of ties mentionthe peace; and the several constables at the time of ed in this their viewing tobacco fields, in the counties aforesaid, are hereby required and impowered to examine into the number of dogs kept at the several negroe quarters in their precincts, and to kill and destroy every dog kept thereat, exceeding two. And whereas dogs frequently ramble from home and destroy great numbers of sheep, and some persons are so unneighbourly as to refuse their being killed. act. IV. Be it further enacted, by the authority aforesaid, Dogs killing That it shall, and may be lawful, for any justice of the sheep, may peace, upon due proof made to him, of any dogs kill- be destroyed ing sheep, to order such dog to be destroyed forth- by order of with. any justice. V. Provided, That nothing herein contained shall Servants not be construed to hinder any person or persons from hindred from carrying sending his, or their slave or slaves from place to hounds, &c. place, with his, or their hounds, spaniels, pointing or from place setting dogs, for his, or their diversion, as they might to place, for have done before the making of this act. their mas ter's diver VI. And be it further enacted, That this act shall sion. continue, and be in force for, and during the term of Continuthree years, and from thence to the end of the next ance. session of Assembly. Mм м-Vol. 6. Preamble. nominate, CHAP. XI. An Act for establishing Pilots, and regulating their fees. 1. WHEREAS it is necessary for the safety and preservation of ships and vessels coming into the bay of Chesapeak, bound up the rivers of this dominion, that able and experienced pilots should be established, to conduct such vessels for reasonable fees to their several moorings, and to prevent ignorant or unqualified persons from undertaking such pilotage: H. BE it therefore enacted by the Lieutenant GovernGovernor to or, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the uthority of the and the me- same, That the governor, or commander in chief of appointing this colony and dominion, for the time being, shall be, thod of his pilots. and is hereby impowered and requested, to nominate and appoint such, and so many persons as he shall think fit for each district in this colony, to examine all who shall desire to be admitted pilots; and if upon such examination the party shall appear of sufficient skill and ability, the examiners, or any three or more of them. shall certify the same to the governor, or commander in chief, who thereupon is requested to grant such party a branch, and thenceforth be shall Penalty on be reputed a lawful pilot: And if any person not havpersons acting such branch, shall presume to take upon himself ing as pilots, without be- to conduct or pilot any ship or vessel coming from ing appoint- sea, to any place or places herein after mentioned, ed according every such person shall forfeit and pay for the first to this act. Not to ex tend to any offence, ten pounds current money; for the second of fence, twenty pounds; and for every offence thereafter, forty pounds of like money, to be recovered with costs by action of debt in any court of record of this dominion, by the informer, or party suing for the same; and morcover such person shall be liable for all damages occasioned by his undertaking the pilotage, to be recovered by action at the common law, at the suit of the party or partics grieved. III. Provided always, That this act shall not extend, or be construed to hinder any person or persons from assisting any ship or vessel in distress, or subin distress. ject such person or persons to the penalty thereof. person as sisting a ship And whereas great inconveniencies have arisen from pilots entering into combination or partnerships, which has occasioned great neglect of their duty; for prevention whereof: IV. Be it further enacted, by the authority aforesaid, No more That from and after the first day of December next, than two pino more than two pilots shall be in partnership, un- lots to be in der the penalty of one hundred pounds to the inform- partnership. er, to be recovered with costs by action of debt in any court of record of this dominion. ragment of pilots to do their duty: And for the encou V. Be it further enacted, by the authority aforesaid, Duty of pi That all pilots shall keep a good look out, and that lots. every master of a merchant's vessel coming from sea, shall be obliged to receive the pilot who first offers to conduct his vessel, or shall pay him half pilotage to the first port, and then may continue the same, or choose another pilot, or proceed without any pilot, if he thinks fit. 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, he shall upon complaint and conviction of such refusal before the examiners, or any three or more of them, and by them certified to the governor, be liable to be suspended by him, for such term or time, as he shall think fit. negligence. VI. And be it further enacted, by the authority afore- Remedy said, That if any pilot shall negligently or carelessly when pilots loose the vessel under his care, and be thereof con- loosing vessels through victed by due course of law, he shall be for ever after such conviction, incapacitated for acting as a pilot, and shall also be liable to pay all such damages as any person or persons shall sustain by such negligence or carelessness, to be recovered as is before directed. And for preventing any exorbitant demands for pilotage. VII. Be it further enacted by the authority aforesaid, The prices. and it is hereby enacted, That the following, and no greater or other prices shall be taken or demanded: to wit: On James River, for all Ships, Snows, or Brigantines. From Cape Henry, or Lynhaven Bay, to Hampton From Hampton Road, or Sewell's To sleepy Hole, or Sack Point Nansemond, To Pagan Creek, To James Town, To Merchants Brandon, To Westover, To City Point, or Ber- l. s. d. per foot, o per foot, o 2 per foot, o per foot, o 4 per foot, 0 5 per foot, per foot, 6 0 On York River. From the Cape, or Lynhaven River, to York Town, Back River, or Egg Island, to York Town, York to West Point West Point, to Holt's, or Dansie's, West Point to Shepherd's, To Meredith's, Moore's, or The Cape, to any river, in Mobjack bay, the same pilotage as to York Town, On Rappahannock River. And the same fees back again from the several places afresaid, to the capes, and no more. And for all sloops and schooners, two thirds of the rates of pilotage: And if any pilot shall demand or take any other or greater fee, he shall forfeit double the pilotage so demanded, recoverable before a justice of peace, with costs, by the informer, to his own use. VII. Provided always, That no masters of ships When masor vessels shall be obliged to take a pilot who shall ters of ships may refuse not offer himself below Willoughby's Point, to James employing River; Egg Island, to York; Gwyn's Island, to Rap- pilots when pahannock, or smith's Point to Potomack rivers; but they offer. every ship or vessel having no pilot on board, and following another that has a pilot, shall pay him half fees. And to the end that strangers may not be imposed on in the rates of pilotage, as settled by this act. whom he re IX. Be it enacted, by the authority aforesaid, That Every pilot every pilot appointed in pursuance of this act, shall to produce a be obliged, when he is in the execution of his office, copy of the prices setto carry with him a copy thereof, and when he re- tled by this ceives his fees for services performed on board any act, to the ship or vessel, he shall produce the said copy to the master of master of such ship or vessel, to shew that he demands ceives his no greater fee or reward than what is allowed by this fees. act, and if any such pilot shall neglect or refuse to produce such copy, as aforesaid, he shall forfeit and pay twenty pounds to any person who shall sue for the same, to be recovered with costs, in any court of record within this dominion. X. And be it further enacted, by the authority afore- Continu said, That this act shall continue and be in force, ance. |