ARTICLE V.

SECTION 320. Pilotage.

SANDY HOOK PILOTS.

321. Mode of appointment of pilot commissioners.

322. Office, meetings, and records.

323. Powers of the board.

324. Examination of candidates.

325. Security.

326. Tariff of pilotage.

327. Masters to state draught of vessel.

328. Fees, by whom payable.

329. Others than pilots not to act as such.

330. Complaints against pilots and others.
331. Witnesses.

332. Power of majority of board.

333. Further duty of secretary and clerks.
334. Penalties, how recovered.

The existing laws provide separate systems for the Sandy Hook and Hellgate pilots. Though the necessity of this is not perceived, the commissioners have not attempted to change them. The legislature may, however, think it advisable to establish the same regulations for both.

The provisions of this article are from the following statutes: Laws of 1853, ch. 467; Laws of 1854, ch. 196; Laws of 1857, ch. 243.

§ 320. The pilotage of vessels to and from the Pilotage. port of New York is regulated by law, as provided in this and the next article.

appoint

§ 321. Commissioners of pilots, of whom there Mode of are five, are elected within thirty days before the

expiration of the term of office of their respective predecessors, or upon the happening of a vacancy, in the following manner:

ment of

pilot commissioners.

Office, meetings, and records.

Three of them, and their successors, are elected at a meeting of the chamber of commerce of the city of New York, to be called for the purpose, which is to be specified in the call.

Two of them, and their successors, are elected by the presidents and vice-presidents of the marine insurance companies of the city of New York, represented in the board of underwriters of that city, at a regular meeting of the board, on notice that such election will take place, given in writing by the secretary of the board, or by a member duly authorized, at least one day before the election, and delivered at the office of each company. Each company represented is entitled to one vote.

The certificate of the secretary, or other officer acting as such, of each electing body, is presumptive evidence of the result. Each commissioner holds his office two years; but in case of a vacancy, the remaining commissioners have power to perform all the duties of the commissioners for the time being.

§ 322. The commissioners shall maintain an office, in a convenient place, in the city of New York, where their secretary shall be in attendance at all reasonable hours; and they shall meet on the first Tuesday of every month, and as much oftener by adjournment, or upon notice given by any one of them, or by the secretary, as circumstances require, and where they shall cause to be

kept the following records, which shall be open to the inspection of all persons interested therein:

1. A record of all the regulations made by them, and all their official action, and of such other matters pertaining to their duties or to the pilot service as they deem useful;

2. A register of the names and residences of all pilots licensed by them, with the dates of the licenses.

§323. The pilot commissioners have power:

1. To appoint a secretary to hold office during their pleasure, and fix his duties and compensation;

2. To grant licenses for piloting vessels to and from the port of New York, by way of Sandy hook, to such persons as pass a satisfactory examination and give security as hereinafter provided; the number of the pilots and the term of the licenses to be fixed in the discretion of the commissioners; and the licenses to specify all or portions of the different branches of the pilot service, according to the qualifications of applicants; but no license shall be granted to any person holding any license or authority under any other state;

3. To suspend at any time a pilot for any period they may think proper, and also to revoke any license on satisfactory proof of negligence, intoxication or misconduct in duty, on the part of

Powers of board.

the person licensed, or in case he is not connected with a boat approved by them; but any pilot suspended may at any time, on due notice, appeal to the commissioners for a rehearing; and the commissioners may confirm or reverse their previous decision;

4. To regulate the stationing of pilot-boats, for the purpose of receiving pilots from outwardbound vessels;

5. To amend 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;

6. To declare and enforce forfeitures of pilotage upon any mismanagement or neglect of duty by the pilots licensed by them; and to declare and collect fines and penalties, not exceeding two hundred and fifty dollars for each offense;

7. To prevent any of the pilots licensed by them from combining injuriously with each other, or with other persons, and to prevent any person licensed by them from acting as a pilot during his suspension or after his license may be revoked;

8. To establish and enforce all other needful rules and regulations for the conduct and government of the pilots licensed by them, and the par

ties employing them, in respect to such employment;

9. To receive and enforce accounts of all moneys collected for pilotage, by the pilots licensed by them;

10. To impose and collect from such pilots a sum not exceeding three per cent on the amount thereof, to defray the necessary expenses of the board;

11. To provide, out of any funds which may be obtained, rewards to encourage the prompt relief of disabled vessels, and the speedy report of the same, and also not only the energetic performance of duty, but benevolent and praiseworthy efforts to relieve vessels and passengers from distress;

12. To perform such further duties as are prescribed by article IX of this chapter, entitled "Special regulations for the port of New York."

tion of

324. Before any person can receive a license Examinahe must be examined, within one week after his candidates. application, by the commissioners and one or more of the licensed Sandy Hook pilots, in respect to his qualifications, and in particular upon the following points:

1. His experience and skill to act as pilot;

2. His knowledge of the sailing and management of a square-rigged vessel;