such master or commander to pay the same, and no such payment or any part thereof shall be remitted in any case, except such as are mentioned in the proviso of the ninth clause of the act, entitled "An act in addition to the several acts regulating the shipment and discharge of seamen and the duties of consuls," approved July twentieth, eighteen hundred and forty, and as hereinafter provided, and the extra wages required to be paid by the said ninth clause of the last hereinbefore mentioned act, and by this section, shall be applicable to the same purposes and in the same manner as is directed by the said act approved February twenty-eight, eighteen hundred and three, in regard to the extra wages required to be paid thereby; and if any consular officer, when discharging any seaman or mariner, shall neglect to require the payment of and collect the extra wages required to be paid in the case of the discharge of any seaman or mariner, by either of the said acts, as far as they shall remain in force under this act or by this act, he shall be accountable to the United States for the full amount of their share of such wages, and to such seaman or mariner to the full amount of his share thereof; and if any seaman or mariner shall, after his discharge, have incurred any expense for board or other necessaries at the port or place of his discharge before shipping again, such expense shall be paid out of the share of the three months' wages to which he shall be entitled, which shall be retained for that purpose, and the balance only paid over to him: Provided, however, That in cases of wrecked or stranded ships or vessels, or ships or vessels condemned as unfit for service, no payment of extra wages shall be required.

SEC. 27. And be it further enacted, That every consular officer shall keep a detailed list of all seamen and mariners shipped and discharged by him, specifying their names and the names of the vessels on and from which they shall be shipped and discharged, and the payments, if any, made on account of each so discharged, and also of the number of the vessels arrived and departed, and the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced, and make returns of the same, with their accounts and other returns, to the secretary of the treasury; and no consular officer shall certify any invoice unless he shall be satisfied that the person making the oath or affirmation thereto is the person he represents himself to be, that he is a credible person, and that the statements made under such oath or affirmation are true; and he shall, thereupon, by his certificate, state that he was so satisfied; and it shall be the duty of every consular officer to furnish to the secretary of the treasury, as often as shall be required, the prices current of all articles of merchandise usually exported to the United States from the port or place in which he shall be located.

VOL. I.

55

SEC. 28. And be it further enacted, That it shall be the duty of every master and commander of a ship or vessel of the United States, whenever he shall have occasion for any consular or other official service, which any consular officer of the United States shall be authorized by law or usage officially to perform, and for which any fees shall be allowed by the said rates or tariffs of fees as aforesaid, to apply to such one of the said officers as may then be officially located at the consulate or commercial agency, if any there be where such service shall be required, to perform such service, and such master or commander shall pay to such officer such fees as shall be allowed for such service, in pursuance of the provisions of this act; and if any such master or commander shall omit so to do, he shall be liable to the United States for the amount of the fees lawfully chargeable for such services, as though the said services had been performed by such officer; and all consular officers are hereby authorized and required to retain in their possession all the papers of such ships and vessels, which shall be deposited with them as directed by law, till payment shall be made of all demands and wages on account of such ships and vessels.

AN ACT

TO PROVIDE FOR THE LICENSING AND GOVERNMENT OF THE PILOTS AND REGULATING PILOTAGE OF THE PORT OF NEW YORK,

THE BY-LAWS OF THE BOARD OF COMMISSIONERS OF PILOTS FOR THE PORT OF NEW YORK.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. There shall be in the city of New York, a board entitled "The Board of Commissioners of Pilots," consisting of five persons, to be elected as soon as convenient after the passage of this act, and to hold their offices respectively for two years from the time of their election, and until others shall be elected.

SEC. 2. Three of such commissioners shall be elected by the members of the chamber of commerce of the city of New York, at a meeting to be called for the purpose, to be specified in the notice for the meeting, and the certificate of the secretary of that body, or other officer regularly performing his duties for the time being, shall be primâ facie evidence of such election.

SEC. 3. Two other of such commissioners shall be elected by the presidents and vice-presidents of the marine insurance companies of the city of New York, composing or represented in the board of underwriters of said city, at a regular convened meeting of such board, on the notice of their secretary, stating that the election of commissioners will take place, or of some member of the board by them duly authorized, given in writing, at least one day before the election, stating that the election of commissioners will take place, and delivered at the office of such company. Each insurance company represented at such meeting shall be entitled to one vote, and the certificate of the secretary of such board, or of any officer acting in his stead, shall be sufficient primâ facie evidence of an

election.

SEC. 4. Upon the expiration of the term of office of any commissioner or commissioners, or within thirty days prior thereto, and upon any vacancy occurring by death, resignation, removal from the State, or other cause, another election for the term of two years shall be made by the same class of persons, or authority, as that which made the election to the office so expiring or becoming vacant.

SEC. 5. Each commissioner, before entering upon the duties of his office, shall take the usual oath of office before an officer authorized to administer oaths, which oath or affirmation shall be filed without delay in the office of the clerk of the city and county of New York.

SEC. 6. The commissioners shall appoint a secretary, who shall take a like oath, to be filed in like manner as provided in section five, and they may remove him at any time and appoint another, and shall prescribe his duties and compensation.

SEC. 7. The board shall establish an office in some convenient and proper place in the city of New York, where the commissioners shall meet on the first Tuesday of every month, and as much oftener by adjournment, or upon a notice given by any one of them, or by the secretary, as circumstances may require.

SEC. 8. The commissioners shall require their secretary in person, or by deputy, to be in daily attendance at their office on all ordinary business days, during the reasonable office hours, and shall cause to be kept by him a proper book or books, in which shall be written all the rules and regulations made by them, and all their official transactions and proceedings, and whatever else may be deemed by them proper and useful, and immediately pertaining to their duties or to the pilot service. They shall also cause to be kept, by their secretary, a register of the names and places of residence of all the pilots who may be licensed by virtue of this act, with the dates of their licenses respectively, and such books may be inspected by any person interested.

SEC. 9. The commissioners, or a majority of them, shall, with all convenient speed, proceed to license for such term as they may think proper, so many pilots as they may deem necessary for the port of New York; and such commissioners may specify in such licenses, different degrees of qualifications, appropriate to different parts or branches of duty, according to the competency of the applicant. No license shall be granted to any person holding any license or authority from or under the authority or laws of any other State; and the said commissioners, or a majority of them, shall have the power and authority to revoke and annul the license of any person so licensed by them to act as a pilot, who shall not be attached to a boat approved by said board, or who shall be guilty of any intoxication or other misconduct while on duty.

SEC. 10. It shall be the duty of the said commissioners, before they

shall grant a license to any person applying therefor, to act as a pilot in pursuance of this act, within one week thereafter, to call such applicant before them, and in presence of one or more of the pilots of the said port, licensed to pilot vessels to and from the said port by the way of Sandy Hook, who shall be notified to attend for the purpose, and who are hereby required to attend and assist in such examination; or in case of the nonattendance of the pilot or pilots who shall be so notified to attend for that purpose, then without the presence or assistance of any licensed pilot, to examine or cause to be examined, such applicant, touching his qualifications for the office of a pilot, and in particular touching his knowledge of the sailing and management of a square rigged vessel, and also touching his knowledge of the tides, soundings, bearing and distance of the several shoals, rocks, bars, and points of land, and night lights in the navigation for which he applies for a license to act as a pilot, and touching any other matter relating thereto, which the said commissioners may think proper. And if, upon examination, the person so applying shall be found to be of good moral character and temperate habits, and to be possessed of sufficient ability, skill, and experience to act as a pilot, and not otherwise, the said commissioners may grant him a license for piloting vessels to and from the port of New York by way of Sandy Hook.

SEC. 11. The commissioners, before granting licenses, shall require all pilots to enter into recognizance to the people of this State, with two sureties, to be approved by such commissioners, or a majority of them, each in a penalty not exceeding five hundred dollars, conditioned that the pilot shall diligently and faithfully perform his duties as pilot, and observe the rules and regulations and decisions of the board; and every such recognizance shall be prosecuted in the name of the people of the State of New York, by or in behalf of the commissioners, provided a majority of them shall so instruct, and if any amount be collected in such suit, it shall be paid to the said commissioners, and they may direct the same to be applied for purposes as expressed in section twenty-two.

SEC. 12. The said commissioners shall have the power to regulate the stationing of pilot boats, for the purpose of receiving pilots from outward bound vessels; and may alter or amend any existing regulations for pilots, and make and duly promulgate and enforce new rules or regulations, not inconsistent with the laws of this State or of the United States, which shall be binding and effectual upon all pilots licensed by them, and upon all parties employing such pilots. They may declare and enforce forfeitures of pilotage upon any mismanagement or neglect of duty by the pilots licensed by them; they may declare and impose and collect fines and penalties not exceeding two hundred and fifty dollars, for each offence; to prevent any of the pilots licensed by them from combining injuriously