CHAPTER 25. COMMISSIONERS OF PILOTAGE. 1. How appointed and term of office to act as Port Wardens. 2. Oath of Pilot Commissioners. 3. Duty of Commissioners as to examination of Pilots; whom to appoint as Pilots; term of office of Pilot; Pilot may be required to give bond. 4. What preference to be shown Pilots in case of vacancy. 5. Powers of Commissioners as to licensing or revoking license of Pilots. 6. Commissioners must keep record of proceedings. 7. Fees of Commissioners. 8. Penalty for acting as Pilot without a license. 9. Qualifications to be required of Pilots; term to serve as an apprentice; proviso. 10. Pilots allowed a per diem when detained in quarantine. 11. When Pilots to forfeit authority as Pilot. 12. Privilege of Pilot as to taking out vessels; forfeiture of Pilot who supercedes original Pilot; who to pay Pilots. 13. Commissioners of Pilotage to fix rates of pilotage; what vessels are exempt from pilotage. 14. Fees of Pilots; certain exemptions. 15. Powers of Commissioners as to Pilots on St. Johns bar, &c. office. SECTION 1. The Governor, by and with the advice and con- How appointed sent of the Senate, shall appoint a Board of Commissioners of and term of Pilotage for each port in this State, to consist of five members, who shall hold their offices for four years, unless sooner removed by the Governor; the said Board to consist of citizens 5 Fla., 510. of the county in which the harbor is situated, and that the said 12 Fla., 272. Commissioners be empowered to act as Port Wardens, and to perform all the duties of the same. (a) SEC. 2. The said Commissioners shall, before entering upon Oath. their respective duties, severally make oath in writing before the Clerk of the Circuit Court to discharge their duties as Pilot Commissioners diligently, faithfully, and impartially, to the best of their ability. (a) commission. SEC. 3. It shall be the duty of said Commissioners, as soon Examination of as they are qualified, to examine the oldest pilots now acting pilots now in as such that have licenses in all matters pertaining to the management of vessels; also, in regard to their knowledge of the channel and harbor where they wish to act as pilots; and if, upon examination, they find them qualified to take command of all classes of vessels liable to enter that port, and thoroughly familiar with the channel and currents of the harbor, they shall appoint and license such a number of those found qualified as are requisite to perform the duties required of pilots for that port. The said pilots shall be entitled to hold their licenses Reappointand appointments during good behavior; and the said Board of office. (a) Secs. 1 and 2, Chap. 1670, Act of Aug. 3, 1868. ment and term Preference in case of vacancies. Commissioners revoke licenses. shall require from each pilot satisfactory bonds for the faithful performance of their duties. (a) SEC. 4. In filling any vacancies that may occur in the number of pilots appointed, preference shall be given to those persons who may have served an apprenticeship with a pilot or pilots, according to the length of time served. (a) SEC. 5. The said Commissioners may have the power to may license and license one or more half branch pilots, selecting persons from those who have served an apprenticeship, if necessary, for the purpose of securing the requisite amount of service required for any port, of pilots. The said Commissioners shall have power to revoke the license of any pilot for misbehavior, neg. lect of duty, or drunkenness, or any other cause detrimental to the interest of commerce and navigation. (a) Record of appointments. Fees of commissioners. Fine for acting SEC. 6. The said Board shall keep a record of all their proceedings, including appointments, licenses, and revocation of license, which record shall be turned over to their successors in office. (a) SEC. 7. The said Board of Commissioners shall receive the sum of twenty dollars from each pilot whom they examine, appoint, and license, in lieu of all other fees and compensation. (a) SEC. 8. Any person who shall act as pilot for any of the without license. ports in this State, without a license from said Board of Commissioners, shall be fined the sum of one hundred dollars for each and every offence, recoverable before any court in said county having competent jurisdiction of the same, to be paid into the county treasury. (a) 9 Fla., 409. Qualifications of pilots. 16 Fla., 306. Apprenticeship. Payment of per in quarantine at Pensacola. SEC. 9. All pilots hereafter to be licensed on any of the bars of this State, in addition to the qualifications as pilots now required by law, shall be required to have served a regular apprenticeship on a regular pilot boat of such bar for a term of four years, under articles of indenture, a duplicate of which shall be filed in the office of the Pilot Commissioners of the port in which such bars are situated: Provided, That on such bars as have no regular pilot boats, the provisions of this section and the succeeding and preceding sections shall not apply: Provided further, That any person who is now actually engaged in serving an apprenticeship in such occupation, shall be entitled to count the time already so spent as a part of the term of four years. (b) SEC. 10. In all cases where any pilot shall be detained in diem to pilots quarantine by reason of having boarded any vessel in the discharge of his duty as such pilot, that the said vessel or owners shall be required to pay to such pilot four dollars per day during the time of his necessary detention in quarantine, provided the provisions of this section shall only apply to the bar or harbor of Pensacola. (b) (a) Secs. 3, 4, 5, 6, 7 and 8, Chap. 1670, Act of Aug. 3, 1868. (b) Secs. 1 and 2, Chap. 3161, Act of Feb. 26, 1879. Forfeiture of SEC. 11. Pilots shall forfeit their authority as such, for more than seventy-two hours' absence from their several bars, except authority as in case of sickness, or when absent in the discharge of duty, pilots. (e) take her out. SEC. 12. Any licensed pilot who shall take or bring a steamer Pilot bringing or vessel into port shall be entitled to take her out, and any vessel in may other pilot taking out such steamer or vessel shall forfeit the Forfeiture by full amount of pilotage to the pilot rejected; and the master other pilot. of said steamer or vessel, or the owner or owners thereof, shall Master to pay be bound to pay to the pilot rejected the fees as established pilot, &c. by law, unless the master as aforesaid shall show good cause to the contrary, which shall be satisfactory to the Board of Commissioners. (d) Pilot Commis the rates of from pilotage. SEC. 13. The Board of Pilot Commissioners of each and every city or county of this State may fix the rates of pilot- sioners to fix age which shall be paid by any vessel entering any port within pilotage. their respective counties; but in no case shall they fix the rates greater than the rates now provided by law; Provided, That vessels owned wholly in this State shall not. be required Exemption to pay any pilotage upon entering or leaving any port in this State unless they avail themselves of the services of a pilot. (e) SEC. 14. All steamers or vessels entering any port in this State, or leaving the same, shall be subject to pay to any li- Pilot fees. censed pilot performing duty on board, or to the pilot who shall first speak to any steamer or vessel entering or leaving any port in this State, the rates of pilotage as follows: For steamers or vessels drawing from six (6) feet, or less than the same, two (2) dollars per foot; for steamers or vessels drawing from six (6) to ten (10) feet, three (3) dollars per foot; for steamers or vessels drawing from ten (10) to fourteen (14) feet, four (4) dollars per foot; for steamers or vessels drawing from fourteen (14) to twenty (20) feet, five (5) dollars per foot; for steamers or vessels drawing over twenty feet, six (6) dollars per foot. These rates shall apply to all steamers or vessels, whether owned wholly by citizens of this State or not: Provided, That all steamers, all vessels, carrying the regular United States mails, shall pay half pilotage only: Provided, further, That all steamers or vessels drawing less than six (6) Certain coastfeet of water, and having a coast wise license, shall be exempt exempted. from paying whole or half pilotage, unless they employ a pilot. (f) Mail vessels. wise vessels Johns river. SEC. 15. The Board of Commissioners of Pilotage of Duval Board to license county shall appoint and license as pilots for the bar of the pilots on St. St. Johns river such persons as in the judgment of said Commissioners are deemed qualified; and it shall be in the discretion Number of of said Commissioners to appoint such a number of said pilots pilots. (c) Sec. 4, Chap. 1893, Act of Feb. 27, 1872. (d) Sec. 1, Chap. 1893, Act of Feb. 27, 1872. (e) Chap. 3160, Act of March 7, 1879. Pilot-boats. as they may deem proper, and no particular size or kind of pilot-boats shall be required to be owned or used by the pilots on the bar of the St. Johns, other than such as by the said Board of Commissioners of Pilotage shall be deemed necessary for the proper performance of the duties of pilot on 'said bar. (g) CHAPTER 26. COMPTROLLER. 1. Duties prescribed by law. 2. Comptroller to give bond; amount. 3. Residence. 4. Duties of Comptroller. General to prescribe forms of all papers, &c.; manner of keeping books, &c. 17. Comptroller to advertise for stationery for use of Capitol; pro 5. Claimants to be examined un- posals to be in writing. der oath. 6. Duties as to issuing warrants upon all claims, accounts, &c. 7. Duty as to disallowing items or accounts. 8. State Attorneys to be charged with accounts given them for collection. 9. Sheriff to be credited with certain amounts. 10. Duty of Comptroller as to keeping accounts against Sheriff'; duty of Sheriff in retiring from office as to list of fines. 18. Stationery to be issued to State officers upon their receipts. 19. Comptroller to furnish certain blanks to clerks. 20. To pay contingent expenses of Circuit Court, how and when. 21. Costs in Criminal prosecutions before Justices of the Peace, when and how to be approved. 22. Comptroller to keep a record of warrants, &e. 23. To make annual report of warrants and certificates paid. 24. Warrants to be numbered; 11. Separate books to be opened what to contain, &c. for taxes. 12. Warrants to be issued for over payment. 13. Comptroller to make annual statement of defaulters to Governor; list to be published. 14. Attorney-General to be notified when any claims are sent out for collection. 15. Duty of Comptroller as to abstract of claims; record of warrants; official letters, &c. 16. Comptroller and Attorney 25. Fiscal year defined. 26. Mode of paying money to the State; proceedings, &c. 27. Decision of Comptroller may be appealed from. 28. Accounts paid, where to be filed. 29. Applications for salary to be in writing. 30. What credits Comptroller may allow. 31. State to have preference in all cases of insolvency of officer. (g) Chap. 3048, Act of March 2, 1877. 32. Executions in favor of State may run and be executed in any county. ing warrant for services rendered 45. Office, books, papers, &c., 33. Comptroller to report delin- of Comptroller, subject to examination by Governor; Comptroller quents to State Attorney. 34. Conviction not to avoid offi- to make reports in November of cial bond. each year. 35. Plaintiff in error to be reimbursed on reversal of judgment; proviso. 36. All delinquents to the State to be prosecuted by Comptroller. 37. What shall be evidence of claim; proceedings in case of plea of non est factum. 38. Judgments to be taken at first term unless defendant takes certain oath. 39. When distress warrant may issue against defaulters; manner of sale of delinquent's goods; when arrest of the person allowed. 40. What shall be evidence for and against the State, upon accounts and claims. 41. When and how Comptroller to duplicate lost warrants. 42. Above law to apply to treas ury certificates. 43. Duplicates to be of same validity as originals. 46. Office of Comptroller to be examined by Joint Committee of the Legislature. 47. Comptroller to have a seal of office. 48. Certified copies of papers under Comptroller's seal to be evidence. 49. Salary of Comptroller's clerk. 50. Comptroller to publish list of State taxes, when and how. 51. Balances due State to be published, when and how. 52. Penalty for failure of Comptroller or Treasurer to perform duty. 53. Certain warrants to be examined by a commission; who to form commission; commission to issue certificate. 54. Comptroller to pay costs awarded against the State in criminal cases. 55. Clerk of Supreme Court to 44. Duty of Comptroller in issu- report amount of costs. Comptroller's SECTION 1. The duty of the Comptroller shall be prescribed duties-how by law. (a) prescribed. SEC. 2. The Comptroller of Public Accounts of the State Bond to be shall, before he enters upon the discharge of the duties of his given. office, give bond with at least four good and sufficient securities, payable to the State of Florida, in the penal sum of five thousand dollars, conditioned for the faithful discharge of all the duties of the said office; and said bond, before accepted, shall be approved by the Attorney-General, and also by the Governor of the State, and filed and recorded when accepted in the office of the Secretary of State. (b) SEC. 3. The Comptroller shall reside at the seat of govern- Residence. ment of this State, and shall hold his office in a room in the Capitol to be assigned him by the Governor. (b) (a) Sec. 5, Art. 7, Const. of 1868. (b) Secs. 1 and 2, Chap. 8, Act of July 23, 1845. |