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Number of pilots.

Boats to be

owned by pilots

Rates of pilotage for the port

of New Orleans.

Public houses

at Balize, how

to secure li

cense for the same.

RELATIVE TO THE PILOTS OF NEW ORLEANS.

SEC. 2701. The number of pilots for the port of New Orleans shall not be less than fifty.

D. sec. 1582; Act 1865, p. 162.

SEC. 2702. Every branch pilot of the port of New Orleans shall be owner or part owner of at least one decked pilot boat, of not less than fifty tons burden, and he shall keep such boat exclusively employed as a pilot boat. Every branch pilot not owning and employing a pilot boat as aforesaid shall be suspended from his office by the master and wardens of the port of New Orleans, and report the case to the governor, who may withdraw the commission or license of such branch pilot.

D. sec. 1586, 2234.

SEC. 2703. The pilots of the port of New Orleans shall be entitled to ask and receive pilotage at the rate of three dollars and fifty cents for every foot drawn by any ship or vessel piloted by them, drawing ten feet of water or less, and four dollars and fifty cents for all vessels over ten and up to eighteen feet of water. All vessels drawing over eighteen feet of water shall pay the same rates as vessels drawing eighteen feet, and no more. Vessels of one hundred tons and under, from Louisiana, Texas, Alabama and Florida, shall come in and go out free.

D. sec. 2706; Act 1880, p. 126, No. 99.

SEC. 2704. No license shall be granted any person to keep a tavern, grogshop, billiard house or any house of public entertainment at the Balize, southwest pass or any other station for pilots, nor within three miles of such station, unless the person applying for such license shall be recommended in writing by a majority of the branch pilots. Any person keeping any public house as aforesaid, at any of the places aforesaid, without a license, shall pay a fine of twenty-five dollars for each and every week such a house shall be kept, and, moreover, be obliged to shut up or remove such public house. Nothing in this section shall be so construed as to exonerate persons keeping public houses without licenses from the fines or other penalties decreed by the parish regulations.

SEC. 2705. If any vessel, inward or outward bound to or from the Masters of ves- port of New Orleans, shall employ as a pilot a person who is not a duly sels not to employ other perlicensed branch pilot, when a duly licensed branch pilot offers, the said sons than pilots vessel, her captain and owners, shall forfeit the sum of one hundred

dollars, with privilege on said vessel, to be recovered before any court of competent jurisdiction, in the name of the charity hospital of New Orleans, for the benefit of the hospital.

D. sec. 408.

SEC. 2706. All vessels inward or outward bound to or from the port

fusal to take

of New Orleans, except those mentioned in section two thousand seven In case of rehundred and three of this act, refusing to take a branch pilot when one pilot on board. offers, shall be liable to the branch pilot thus offering for half pilotage, recoverable, with privilege on said vessel, before any court of competent jurisdiction.

Association of

SEC. 2707. The duly licensed branch pilots of the port of New Orleans may, for the furtherance of their interests, form themselves into pilots. one or more voluntary associations.

iners of pilots

New Orleans.

SEC. 2708. The board of examiners of pilots shall meet on the first Duty of the of May and the first of October of every year, in the city of New Or- board of examleans, or such other place as may be designated, after thirty days' no- for the port of tice in the official journal of this State, where they shall hold an examination, which shall be open to all who may wish to attend, to decide upon the qualifications of applicants for the office of branch pilots of the port of New Orleans; and the said board of examiners shall issue certificates to all candidates who may pass a satisfactory examination, and who shall present certificates of good character satisfactory to said board. Whoever shall be guilty of acting or attempting to act as pilot to any vessel inward or outward bound to and from the port of Penalty for at. New Orleans, who is not a duly licensed branch pilot, shall suffer fine tempting to act as pilot. not exceeding the sum of one hundred dollars, or imprisonment not exceeding two months, or both, at the discretion of the court. (As reenacted by Act 1877, Ex. S., p. 103, No. 63.)

Act 1859, p. 3.

In certain cases

SEC. 2709. Any branch pilot piloting any vessel safe from sea, and giving satisfaction, shall have a preference in piloting her out to sea pilot who pilotagain; provided, he or a pilot from the same association be in readiness ed vessel in entitled to pilot and offer his services before the vessel gets below the boarding station her out. at Pass a-l'Outre, or the pilot station at the other passes; and this preference shall be granted by the commander of the outward bound vessel, under the penalty of one hundred dollars, recoverable, with privilege on the vessel, for the benefit of the same parties, and in the same manner as provided for by the two thousand seven hundred and fifth section of this act.

Act 1859, p. 56.

Penalty.

SEC. 2710. The privileges granted by this act shall expire, unless enforced, within thirty days after the vessel having incurred any of Privileges granted by this the penalties decreed by this act shall have returned to the port of act, how and New Orleans; but in case the said vessel shall have been absent more than one year, the said privileges and rights of action shall be completely extinguished.

when extinguished.

Board of exam

iners to be re

SEC. 2711. The governor shall renew the board of examiners, and

newed by the they shall be continued in office, at his discretion and removable at

governor.

pleasure; the said board of examiners being subject to all the penaloffice at the dis. ties and possessed of all privileges enumerated in that portion of this

Continued in

cretion of the

governor.

Branch pilots

act relative to pilots.

RELATIVE TO PILOTS FOR THE ATCHAFALAYA BAY AND RIVER.

SEC. 2712. It shall be the duty of the governor of the State of Louisiana to appoint for the Atchafalaya bay and river such number of to be appointed branch pilots as the interests of commerce may demand, and from by the governor time to time to increase the same, should an increase be deemed important by him; provided, that no person shall be appointed until he Certificate of shall have been examined by the board of examiners of said pilots, and shall exhibit to the governor a certificate of competency signed by a majority of said board.

competency to be furnished by them.

Penalty for

acting as pilot in certain cases.

Right of the pilot who pilots a vessel from sea to pilot her outward.

Power of

governor

to remove or

suspend pilots.

Provisions of this act, where enforced.

Pilots for the Atchafalaya river.

Act 1858, p. 69.

SEC. 2713. Any person or persons not appointed as a branch pilot under the provisions of this act, who shall pilot any ship or vessell when a branch pilot offers his services, shall pay to said branch pilot a fine of thirty dollars for each and every offence, and, in default of such payment, such person or persons shall be imprisoned in the parish prison of the parish of St. Mary not less than ten days nor more than thirty days; and the fine of thirty dollars hereby inflicted shall be and remain as a judgment against the person or persons so offending until full and final payment, recoverable before any court of comvetent jurisdiction in the parish of St. Mary.

BEC. 2714. Any pilot piloting any vessel safe from sea shall have the exclusive right to pilot such vessel outward; provided, he shall be in readiness and offer his services before said vessel gets below Deer Island, on the Atchafalaya river; and the captain or owner of any such vessel refusing to employ such pilot as aforesaid, shall pay to the said pilot the same rate of pilotage as though said pilot had piloted said vessel outward.

SEC. 2715. The governor may, in his discretion, suspend or remove any branch pilot of said station.

SEC. 2716. All the provisions of this act shall be enforced before any court within the parish of St. Mary having competent jurisdiction of the subject matter.

SEC. 2717. Every branch pilot for the Atchafalaya bay and river shall be the owner or part owner of at least one decked pilot boat, of not less than thirty tons burden, and shall keep her exclusively em

ployed as a pilot boat.

offender to a penalty of

The violation of this section shall subject the Violation. lfty dollars for each offence.

Act 1865, p. 162.

alaya.

SEC. 2719. It shall be the duty of the pilots to pilot, when required, Rates of pilotall inward bound vessels from outside of what is commonly called age for Atchaf "the point of the main reef" to the mouth of the Atchafalaya river, and all outward bound vessels from the mouth of said river to the outside of said reef; and the pilots shall be entitled to demand and receive four dollars and fifty cents per foot that any vessel may draw under ten feet of water. All vessels refusing a pilot, other than those within the State of Louisiana, shall pay half pilotage both inward and outward bound; provided, they shall be spoken by a branch pilot, when inward bound, outside of the reef, and all outward bound vessels between Berwick's bay and the mouth of the Atchafalaya river.

TO PREVENT OBSTRUCTIONS TO THE NAVIGATION OF THE
ATCHAFALAYA BAY AND RIVER.

Provided.

shall be dis

certain vessels.

SEC. 2719. Each and every vessel arriving in the Atchafalaya bay Manner in in less than five fathoms of water, having ballast on board, the mas- which ballast ter or commander of such vessel shall not discharge any portion of charged from said ballast into said bay, nor into water near said bay having a depth of less than five fathoms; and said masters or commanders shall be compelled to discharge the ballast of such vessels at such place or places as shall be designated to them by the persons who shall hereinafter be appointed to superintend the discharging of the ballast from on board all vessels that may come into the waters of said bay; and any master, captain or owner of any vessel who shall violate the foregoing provisions as to the manner of discharging ballast, shall be provisions. punished by a finè not exceeding five hundred dollars and not less than two hundred dollars.

Act 1856, p. 168.

Penalty for violating foregoing

Branch pilots

each to be bal

last masters.

SEC. 2720. Each of the branch pilots of the Atchafalaya bay and river, and his successor in office, shall be ex officio a ballast master, whose duty it shall be to carry into effect the provisions of this act in relation to the discharging of ballast in the waters of said bay and river; and should either of said pilots refuse or neglect to perform the services imposed on him by the provisions of this act, he may be pros- Their duties. Penalty for ecuted every time he may so offend, as for a misdemeanor, and shall neglect of duty. be punished by a fine not exceeding two hundred and not less than one hundred dollars.

to determine

SEC. 2721. All of the branch pilots, or a majority of them, shall de- Branch pilots termine upon a suitable place or places where all vessels which may the place where

vessels must re- hereafter receive their cargoes or a part of them in said bay shall be ceive cargo and discharge bal required to discharge their ballast; and said pilots shall mark out by stakes the place or places which they may select for such purposes.

last.

SEC. 2722. Hereafter every sailing vessel coming in from sea to said Duties of pilots. bay, for the purpose of receiving her cargo or part of it in said bay, shall take one of said pilots on board when he offers his services outside of the reefs. It shall be the duty of said pilot to examine whether said vessel has any ballast on board of her, and when ballast shall be found in said vessel she shall be conducted by said pilot to the place selected for the discharging of ballast, where the captain or master of said vessel must discharge his ballast; but if such vessel has no ballast on board she shall be conducted by said pilot to the usual anchorage; and for the performance of said services of piloting and as ballast master said pilot shall be paid by the captain or master of said Compensation vessel a compensation of two dollars per foot for every foot such vessel may draw at the time when she was boarded by said pilot.

of pilots.

to be discharg

ed.

SEC. 2723. All vessels which may hereafter come into said bay, with Ballast, where the intention and do actually go into the Atchafalaya river, shall not be required to discharge their ballast in said bay, but must discharge their ballast on the banks of said river, or on the banks of some of the bayous connected with said river; but should any of the captains or masters of such vessels, in contravention of the provisions of this act, discharge the ballast of such vessels in the bed of said river or in the waters of said bay, having a depth of less than five fathoms, such captain or master shall be fined in a sum not more than five hundred nor less than two hundred dollars.

Penalty.

Legal proceed ings against

persons violating the provis. ions of this act.

SEC. 2724. Whenever any person shall make complaint under oath to any justice of the peace that the captain, master or owner of any vessel, or that some one of said pilots has violated any of the provi sions of this act relative to pilots, which are declared to be punishable by fine, it shall be the duty of said justice of the peace to cause the person thus complained of to be brought before him by legal process; and should the officer be satisfied from the evidence that there is a probable cause of said complaint, said justice of the peace shall take a bond, with good security, from said accused person, in the sum of six hundred dollars, for his appearance at the next reguiar term of the district court of the parish where the offence may be commit. ted, and should said accused party refuse or neglect, or fail from any cause whatsoever to give such a bond, then it shall be the duty of said justice of the peace to commit said accused to the parish prison, to be detained therein until discharged by due course of law.

SEC. 2725. All fines and forfeitures arising from the administration

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