APPENDIX II.

PILOTS AND PILOTAGE HARBOR CONTROL, QUARANTINE, ETC.

CONNECTICUT.

PILOTAGE.

Extracts from Chapter 278, General Statutes of Connecticut, 1902.

Sec. 4762. Rates of pilotage. The superior court of any county shall, on the application of any person, fix the rates of pilotage in the waters within such county,

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Sec. 4763. Vessels subject to pilotage; exemptions; penalty. All inward and outward bound vessels of foreign bottom, drawing nine or more feet of water, entering any port in this State for the purpose of loading or unloading, shall be subject to the payment of pilotage, if spoken by a pilot before entering such port; but vessels engaged in the coasting trade and coming by way of New York, fishing smacks, vessels engaged in the oyster trade, canal boats, barges, and tugboats shall not be so subject. Every person not duly licensed as a pilot, except the master or person in charge of the vessel to be piloted, who shall act as pilot after such vessel shall have been spoken by a duly licensed pilot who is ready and willing to take charge of such vessel, shall be fined not more than thirty dollars.

BRIDGEPORT HARBOR.

The following rates of pilotage were established on April 4, 1902, by an order of the Superior Court of Fairfield County:

"For the inward pilotage of all vessels drawing nine feet of water or over, except square-rigged vessels, one dollar and fifty cents for each and every foot of water such vessel may draw; for the outward pilotage of all vessels, except square-rigged vessels, drawing on the outward passage nine feet of water or over, one dollar for each and every foot of water such vessel may draw; for the inward pilotage of all square-rigged vessels drawing nine feet of water or over, two dollars for each and every foot of water such vessel may draw; and for the outward pilotage of all square-rigged vessels drawing on the outward passage nine feet of water or over, two dollars for each and every foot of water said vessel may draw. And it is further ordered, adjudged, and decreed that from the first day of November to the first day of April in every year licensed pilots shall be entitled to demand and receive for the inward or outward pilotage in the waters of said town of Bridgeport of any vessel drawing nine feet of water or over, in addition to the rates of pilotage hereinbefore established, the further sum of twenty-five cents for each and every foot of water said vessel may draw."

HARBOR CONTROL.

Extracts from Chapter 278, General Statutes of Connecticut, 1902.

Sec. 4752. Harbor masters. The governor shall appoint, once in three years, a harbor master, and may appoint a deputy harbor master, for each of the harbors of New Haven, Norwich, Bridgeport, Stamford, Norwalk, Stonington, New London, and Branford, and may appoint a suitable number of harbor masters and deputy harbor masters in any town in this State which has navigable waters within its limits. * * *

Sec. 4753. Jurisdiction in Branford harbors. The jurisdiction of the harbor masters for the harbors of Branford shall include the harbor of Branford and Branford river, as far up said river as Hobart's bridge, so called, the harbor of Stony creek, and the waters between and adjoining the adjacent islands known as the Thimble islands.

Sec. 4754. Powers. Penalty for resisting. Each harbor master may station all vessels riding at anchor in the harbor under his care, and remove, from time to time, such vessels within such channel as are not employed in receiving or discharging their cargoes, to make room for the passage of other vessels up or down such channel, and shall be the sole judge

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of the fact whether any vessel so at anchor is so in the channel as to obstruct or hinder the passage of any other vessel, and may determine how far within such harbor, and in what instances, masters or others having charge of vessels at anchor within such channel shall remove the same; and upon the application of the owner or lessee of any wharf, dock, or pier in such harbor shall station any vessel lying at or adjacent to such wharf, dock, or pier, or remove it therefrom to make room for the dockage or passage of any other vessel, when in the judgment of such harbor master the interest and convenience of commerce or navigation shall require; and may exercise all the powers and duties with reference to such vessels which he might exercise with reference to vessels at anchor in such harbor. Every person who shall obstruct, resist, or wilfully refuse to obey the order of any harbor master or deputy harbor master in the execution of the duties of his office shall forfeit fifty dollars, to be recovered, with costs, in the name of such harbor master or deputy harbor master, in which action such vessel may be attached as in other actions; * * *

Sec. 4756. Vessels may be removed. When the master or owner of any vessel lying within the navigable waters of this State, or the person having the same in charge, shall wilfully neglect or refuse to obey the orders of any harbor master performing his duties under the provisions of this chapter, such harbor master may cause such vessel to be removed at the expense of the owners, and may recover the expense of such removal of any owner of such vessel, in an action founded upon this statute.

Sec. 4757. Penalty for neglect of duty. When any harbor master neglects, upon the application of any person engaged in the navigation of the harbor under his charge, to remove or cause to be removed any vessel riding at anchor therein and obstructing its channel, he shall pay to such person twenty dollars, with costs, to be recovered in an action on his official bond or on this statute; and in deciding as to such neglect, for the purpose of such action, no opinion or decision of such harbor master shall be considered by the court.

Sec. 4758. Jurisdiction in New Haven harbor. The New Haven harbor master shall have, in relation to all vessels lying at any of the wharves, docks, or piers between Tomlinson's bridge and Heaton's wharf, the same powers or duties as in relation to vessels lying in the channel of said harbor.

Sec. 4759. New Haven harbor; removal of vessels from channel; penalty. If any vessel shall be unnecessarily moored in the channel in New Haven harbor, which extends from the sluice in and through the wharf of the New Haven and Northampton company to the main channel, the master, or person in command of such vessel at the time she so moored, shall be fined ten dollars, and also one dollar an hour for each hour above twelve that such vessel shall be so moored.

Sec. 4767. Speed of vessels limited; penalty. If any vessel propelled by steam shall move at a greater rate of speed than six miles per hour, when approaching or passing, and while within two hundred feet of, any wharf, pier, or dock in the city of Hartford between the bridge over the Connecticut River and the southern limits of said city, or Long wharf and pier in New Haven harbor, when any vessel shall be lying abreast at any berth below the north end of the platform on the east side of the wharf, or the wharf or pier in Bridgeport harbor known as "Mather's dock," or any wharf, pier, or marine railway in Norwalk harbor, or any wharf in the city of Middletown, or any dock, pier, or wharf in the city of New London or New London harbor, or in the city of Norwich, or between the cities of New London and Norwich, or any wharf on either side of Mystic river between Mystic bridge and a point two hundred yards south of the wharf of Joseph S. Avery, the person in command of such steamboat or vessel shall forfeit one hundred dollars to the county in which the offence is committed and shall also be liable to pay threefold damages to any person whose property shall be injured in consequence of the violation of this section.

Sec. 4769. Penalty for throwing refuse into harbor. Every proprietor or charterer of any steamer or vessel, from which any furnace refuse shall be thrown into the waters of any harbor or river in this State, shall be fined for the first offence one hundred dollars, and for every subsequent offence two hundred dollars.

Sec. 4773. Dumping in harbors prohibited. Every person who shall deposit any substance except oyster shells in New Haven harbor, or off its mouth within three hundred feet outside of the water bar, so called, or in the waters adjacent to said harbor below Yellow and Old Mill bridges, or in Stamford harbor, or off its mouth inside a direct line drawn from Captain's island light, off Greenwich, to the buoy on Old Cow reef off Shippan point, shall be fined not less than fifty nor more than five hundred dollars, or imprisoned not more than six months, or both; * * *

Sec. 4775. Dumping in Norwalk harbor prohibited; penalty. Every person who shall deposit or assist in depositing any mud or other substance, except oyster shells or other materials necessary for making oyster beds, in Norwalk harbor, or at any place off the town of Norwalk inside of a line running due east and west from a point due south a distance of one mile from Green's reef government buoy, or who shall deposit any substance in any of said waters during the night season, shall be fined not less than fifty nor more than five hundred dollars, or imprisoned not more than six months or both. *

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QUARANTINE.

Extracts from Chapter 151, General Statutes of Connecticut, 1902.

Sec. 2536. Quarantine regulations for vessels. The health officer of a town, city, or borough, or the board of health of a city or borough, contiguous to navigable waters may assign, within the limits of such town, city, or borough or the waters contiguous thereto, the port or place in any harbor, road, river, or bay where vessels coming within such limits shall, if need be, perform quarantine. Every vessel which shall come from any foreign port or place, or between the first of June and the first of November from any port or place in the United States south of the capes of Delaware Bay or in the British provinces, and come to anchor in any such harbor, road, bay, river, or contiguous waters, if any place for quarantine shall have been assigned as aforesaid, shall come to anchor and lie at such place so assigned, and at no other place, until discharged in the manner hereinafter provided. The master of every vessel coming to anchor as aforesaid shall forthwith make signal for a health officer by hoisting colors in the shrouds or, if need be, may send a person on shore who shall notify immediately the health officer of the port, or, if there be no health officer, a member of the board of health, of the arrival of such vessel, and forthwith return on board. The provisions of this section shall not apply to a vessel which shall have entered any port or place north of said capes where there are quarantine regulations and been visited by a health officer, received a clean bill of health, and been permitted to go, and has actually gone to the wharves and unloaded thereat; and such clean bill of health or a certified copy thereof shall be left with or filed at the office of the health officer or board of health having jurisdiction over said port within twentyfour hours after the arrival of such vessel.

Sec. 2537. Quarantine of vessels from certain ports. When the health authority of any town, city, or borough, shall deem it expedient that vessels arriving in such town, city, or borough, or in the waters contiguous thereto, from any port in the United States north of the capes of Delaware Bay, should perform quarantine; such health authority may by an order, duly published or posted, subject such vessels to quarantine in the same manner as if they arrived from a foreign port or place.

Sec. 2538. Quarantine in New Haven harbor. Every vessel subject to quarantine arriving in the harbor of New Haven, on board of which there shall be no sickness at the time of such arrival, or on board of which during the passage there shall have been no case of malignant or contagious disease, may come to and make fast at the end of any public wharf in said harbor, without incurring any penalty for violation of the quarantine laws; but no person shall be allowed to leave said vessel except to make fast to the wharf until said vessel shall have been visited by a health officer and by him discharged from quarantine. If the health officer on visiting any such vessel shall find such sickness on board as, in his opinion, shall make it proper for him to cause such vessel to continue subject to quarantine, he shall order it to be removed to such place as shall be assigned as a place of quarantine. This section shall not apply to any vessels coming from any foreign port other than a port in the Dominion of Canada or Newfoundland.

Sec. 2539. Vessel visited by health officer. On notice given to a health officer or member of the board of health of the arrival of any vessel as aforesaid, he shall visit it without delay, and may, on examination, give a certificate of health, discharging it from quarantine, or cause it to continue subject to quarantine; every vessel so subjected to quarantine shall perform quarantine under the regulations of such health officer or board of health.

Sec. 2540. Fees for visiting vessel. The health officer or board of health may establish the fees, not exceeding five dollars, which the health officer shall be entitled to receive for visiting a vessel as aforesaid, and the master or owner of such vessel shall pay the same to such health officer or board of health.

Sec. 2541. Fraudulently eluding quarantine. No master of any vessel liable to perform quarantine as aforesaid shall fraudulently attempt to elude quarantine by false declaration. of the port or place from whence he came, or land, or suffer to be landed from his vessel any person or thing except in the manner above provided, nor permit any person to board such vessel, before it shall have been visited as aforeasid.

Sec. 2542. Quarantine of vessels having sickness on board. Every vessel, from any port or place, having sickness on board shall be subject to inspection and quarantine before making fast to any wharf. Every master of a tugboat who shall violate, or assist any other person to violate, the quarantine regulations of a port shall be fined not more than one hundred dollars, or imprisoned not more than three months, or both.

Sec. 2543. Vessel ordered to be cleansed. When a health officer or a member of the board of health shall on visiting any vessel as aforesaid think it necessary that it should be cleansed or purified, he shall direct its master to hoist a white flag on the head of the mainmast, there to be kept during the daytime, and shall without delay direct the time and manner in which the cargo on board such vessel shall be in part or in whole cleansed or purified, and such vessel, or such part thereof as may be infected, shall be cleansed in such method as shall be directed. When such vessel shall contain any person ill of a contagious or infectious disease

he shall be removed on shore to such place as said health officer or board may direct and shall be nursed and provided for in the manner prescribed by law. * * *

Sec. 2544. Certificate of health fraudulently obtained. If the health officer or board of health shall find that any certificate of health granted by them was obtained by fraud or false representation, or be of opinion that any vessel, person, or cargo should perform further quarantine for the purpose of being cleansed or purified, on notice thereof being given to such person, or the owner, master, super cargo, or consignee of such vessel or cargo, as the case may be, the same shall in all respects be liable to be proceeded with as if no certificate of health had been given.

Sec. 2547. Enforcement of orders of health authorities. When any person shall refuse to obey a legal order given by a health officer, health committee,' or board of health, or shall endeavor to prevent it from being carried into effect, a justice of the peace may issue his warrant to a proper officer, or to an indifferent person, therein stating such order and requiring him to carry it into effect, and such officer or indifferent person shall execute the same.

Sec. 2548. Disposition of fines and penalties. All fines imposed for the violation of any provisions of this chapter, or any regulation of a health officer or board of health, shall be paid to the town, city, or borough in which the offence is committed.

Sec. 2551. Refusal to be vaccinated; penalty. Every person who shall refuse to be vaccinated, or prevent a person under his care and control from being vaccinated, on application being made by the health officer * * * shall be fined not more than five dollars.

Sec. 2552. Violation of orders of health authority. Every person who shall violate any provision of this chapter, or any legal order of a health officer or board of health, for which no other penalty is provided, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both.

NEW YORK.

PILOT LAWS IN REFERENCE TO VESSELS ENTERING BY WAY OF SANDY HOOK.

Extracts from the New York City Consolidation Act of 1882.

Sec. 2100. * * * Any pilot bringing in a vessel from sea shall, by himself or one of his boat's company, be entitled to pilot her to sea when she next leaves the port, unless, in the meantime, a complaint for misconduct or incapacity shall have been made against such pilot or one of his boat's company, and proved before the Board of Commissioners of Pilots; provided, however, that if the owner of any vessel shall desire to change such pilot, then the said commissioners may assign any other pilot on the same pilot boat to pilot said vessel to sea. [Secs. 2101-2102 of this act, fixing the fees for pilotage, were repealed by an act of the State legislature, passed April 3, 1884, and the latter act, as amended in 1889, established the fees now authorized, which are given in the table on page 159.]

If the master or owners of any vessel shall request the pilot to moor said vessel to any place within Sandy Hook, and not to be taken to the wharf or harbor of New York, or the vessel be detained at quarantine, the same pilotage shall be allowed, and the pilot entitled to his discharge.

When any ship or vessel bound for the port of New York, and boarded by any pilot appointed by the Board of Commissioners of Pilots of the City of New York, at such distance to the southward or eastward of Sandy Hook Lighthouse, as that said lighthouse could not be seen from the deck of such ship or vessel in the daytime, and in fair weather, the addition of one-fourth to the rates of pilotage herein before mentioned shall be allowed to such pilot, provided the commander of such vessel shall have agreed to pay such addition. But such additional rate may be waived by the pilot boarding or offering his services to any vessel, and if waived he shall be taken on board and shall be entitled to pilot such vessel, and to be paid at the ordinary rates established by law. In case of the refusal of the commander of any vessel to take such pilot after such waiver, he and the owner or consignee of the vessel shall be liable to pay such pilot at the ordinary rate, the same as if he had piloted the vessel to the port of New York. In case the same additional rate of pilotage is not waived by the pilot so boarding or speaking any vessel, the commander, owner, or consignee shall not be liable to pay any pilotage, except that in case of failing to take a licensed pilot before such vessel reaches the port of New York, the pilotage shall be paid at the ordinary rate to the pilot who first offers his services.

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Sec. 2103. The rates of pilotage for any intermediate distance shall be determined by the Board of Commissioners, and promulgated in their rules and regulations for the government of pilots.

Sec. 2104. Between the first day of November and the first day of April, inclusive, four dollars shall be added to the full pilotage of every vessel coming into or going out of the port of New York.

Sec. 2105. For every day of detention in the harbor of an outward bound vessel, after the services of a pilot have been required and given, except detention shall be caused by such adverse winds and weather that the vessel can not get to sea; and for every day of detention of an inward bound vessel by ice longer than two days on passage from sea to wharf, three dollars shall be added to the pilotage. If any pilot shall be detained at quarantine or elsewhere, by the health officer, for being or having been on board a sickly vessel as pilot, the master, owner or agent, or consignee of such vessel shall pay to such pilot all necessary expenses of living and three dollars per day for each and every day of such detention. This section shall not apply to vessels propelled wholly or in part by steam, owned or belonging to citizens of the United States, and licensed and engaged in the coasting trade.

versa,

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Sec. 2107. For services rendered by pilots in moving or transporting vessels in the harbor of New York, the following shall be the fees: For moving from North to East river, or vice a merchant vessel, five dollars, except such vessel shall have arrived from sea, or is ready for and bound to sea on the day such services for transportation are rendered; but if the services are rendered thereafter such payment shall be made. For moving any vessel from the quarantine to the city of New York, one-quarter of the sum that would be due for the inward pilotage of such vessels. For hauling any vessel from the river to a wharf, or from a wharf into the river, three dollars, except on the day of arrival of or departure of such vessel. The provisions of this section shall not apply to vessels propelled wholly or in part by steam, owned or belonging to citizens of the United States, and licensed and engaged in the coasting

trade.

Sec. 2109. The pilotage shall be payable by the master, owner, consignee, or agent entering or clearing the vessel at the port of New York, who shall be jointly and severally liable therefor. Sec. 2110. A pilot who is carried to sea when a boat is attending to receive him shall receive at the rate of one hundred dollars per month during his necessary absence.

Sec. 2111. Masters of vessels shall give an account to the pilot when boarding of the draft of such vessels; and in case the draft given is less than the actual draft, the master shall forfeit the sum of twenty-five dollars, which may be sued for and recovered by the commissioners, as is provided in section twenty-one hundred and twenty-three, in respect to other fines and penalties.

Sec. 2119. No master of any vessel navigated under a coasting license and employed in the coasting trade, by the way of Sandy Hook, shall be required to employ a licensed pilot when entering or departing from the harbor of New York; but this provision shall not be construed to alter the legal rate of compensation of any pilot who may be so employed; but in case the services of a pilot shall have been given, the pilot shall be entitled to the rates established by this title. If the master of any vessel above one hundred and fifty and not exceeding three hundred tons burden, and owned by a citizen of the United States, and sailing under a coasting license to or from the port of New York, by the way of Sandy Hook, shall be desirous of piloting his own vessel, he shall first obtain a license for such purpose from the Commissioners of Pilots, who are hereby authorized and required to grant the same, if such master shall, after an examination had by said commissioners, be deemed competent; which said license shall be and continue in force one year from the date thereof, or until the determination of any voyage during which the license may expire. For such license, the master to whom it shall be granted shall pay to the said commissioners four cents per ton. All masters of foreign vessels and vessels from a foreign port, and all vessels sailing under register, bound to or from the port of New York by the way of Sandy Hook, shall take a licensed pilot; or in case of refusal to take such pilot, shall himself, owners or consignees pay the said pilotage as if one had been employed; and such pilotage shall be paid to the pilot first speaking or offering his services as pilot to such vessel. Any person not holding a license as pilot under this title, or under the laws of the State of New Jersey, who shall pilot, or offer to pilot, any ship or vessel to or from the port of New York by the way of Sandy Hook, except such as are exempt by virtue of this title, or any master, or person on board a steam tug or towboat, who shall tow such vessel or vessels, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding one hundred dollars or imprisonment not exceeding sixty days; and all persons employing a person to act as a pilot, not holding a license under this title, or under the laws of the State of New Jersey, shall forfeit and pay to the Board of Commissioners of Pilots the sum of one hundred dollars. This section shall not apply to vessels propelled wholly or in part by steam, owned or belonging to citizens of the United States, and licensed and engaged in the coasting trade.