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Portwardens to recommend.

Apprentices and

deputy pilots.

Regulations to be made by board of wardens.

and hold office during good behavior. Their functions are the pilotage of vessels through the channel of the East river, known as Hellgate.

§ 336. The port-wardens shall recommend from time to time to the governor, for appointment, among those who have served two years as deputy pilots, so many as they may deem necessary, and the governor shall nominate the same.

§ 337. Any person may serve an apprenticeship with any Hellgate pilot or deputy pilot. After serving as such three years next before attaining the age of twenty-one at least, and upon passing examination, they may be authorized by certificate of the board to serve as deputy pilots. All apprentices must be examined twice, during the last year of their apprenticeship, by the board and at least two of the Hellgate pilots, whose duty it is to attend and assist in the examinations whenever required by the portwardens. The indenture of every apprentice under this article must be filed in the office of the portwardens within ten days after its execution.

§ 338. The port-wardens have power to make, from time to time, regulations not inconsistent with the Constitution and laws of this state or of the United States, for the better government of the Hellgate pilots, with reasonable fines and penalties for violations thereof. Every such regulation must be entered at length upon their minutes, and they shall furnish a copy to each Hellgate pilot.

against

§ 339. The port-wardens have cognizance of all Charges charges made against any Hellgate pilot for official pilots, misconduct. No charges shall be received unless verified by the complainant's oath. Before proceeding thereon the port-wardens shall furnish the pilot with a copy thereof, which shall contain a full specification of the charges preferred, and with a notice of the time (not less than six days) and the place when they require him to appear before them

to answer.

ings.

§ 340. Upon the pilot appearing, it is the duty of Proceedthe port-wardens to take testimony, and to examine into the facts, and if after a full hearing of the case, and of competent proof tending to establish the charge, a majority of the port-wardens in office deem him guilty of official misconduct, they have power to suspend him. They must thereupon, within ten days transmit to the governor a full account of their proceedings, with a copy of the charges specified and of the testimony taken. The governor shall either remove the pilot from office, or annul or confirm his suspension, as to him seems just.

§ 341. It is the duty of the Hellgate pilots to keep Deck boa two or more good and sufficient deck boats, of not less than twenty tons burden, on the East river, and no more than seven pilots shall be interested in one deck boat, and no apprentice shall be taken by the pilot, but in those deck boats; and no other than a Hellgate pilot shall own any part of a boat engaged

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in the business under pain of a forfeiture of his title therein. All the deck boats shall be registered in the office of the port-wardens.

§ 342. The fees for pilotage by the Hellgate pilots for any vessel of ninety-five tons burden and upwards are as follows:

1. Between Sands point or Execution rocks, or any place eastward thereof, and New York, going either way, one dollar and fifty cents per foot for each foot of water the vessel draws;

2. Between the eastward of Hellgate and New York, going either way, one dollar per foot for each foot the vessel draws;

3. For a square-rigged vessel, in addition to the above rates, twenty-five cents for each foot the vessel draws;

4. For any government vessel piloted through Hellgate, instead of the rates above, five dollars per foot for each foot the vessel draws.

5. For each day during which the pilot is detained on board, beyond the term of twentyfour hours, he is entitled to be paid two dollars in addition to the rates above prescribed;

6. Between the first day of November and the first day of April, inclusive, two dollars shall be added to the full pilotage of every ship, bark or brig, and one dollar to that of every sloop or schooner;

7. A pilot who renders extra service to any vessel in distress is entitled to be paid therefor, in addition, a reasonable compensation to be fixed by the board.

The rate fixed by subdivision 4 is the rate now provided for such service by the Sandy hook pilots. Section 325, subdivision 3, ante.

have preference in certain cases.

§ 343. The pilot who brings any vessel into the Pilots to port by way of Hellgate is entitled to a preference in piloting it out on its next outward passage, if the same is by way of Hellgate; and any Hellgate pilot who first tenders his services to any vessel navigating the channel of Hellgate, in either direction, is, if refused, entitled to receive one-half the rates prescribed by the preceding section. But such half pilotage is not chargeable to any vessel under ninety-five tons burden, sailing under a coasting license, unless such vessel makes a signal for a pilot; nor is such half pilotage chargeable to any vessel more than once for the same passage.

Pilotage, by

able.

344. The master, owner, consignee or agent whom payentering or clearing a vessel at the port of New York, are jointly and severally liable for all charges of a pilot respecting the vessel, pursuant to this article.

From similar provision respecting Sandy Hook pilots, 327, ante.

Others than pilots not to act as such.

§ 345. No person other than a Hellgate pilot, or one of the crew of the vessel, shall pilot for any other person any vessel through Hellgate, or board such vessel for that purpose, or offer so to do, under penalty of thirty dollars for each offense. A violation of this section is a misde

meanor.

Penalties, &c.

Steamboats excepted.

§ 346. All fines, penalties and forfeitures, imposed by or under authority of this article, are to be recovered by the port-wardens, in the name of the port-wardens of the port of New York.

§ 347. The provisions of this article do not apply to steamboats.

ARTICLE VII.

The officers of the board.

NEW YORK PORT-WARDENS.

SECTION 348. The officers of the board.
349. Suspension of wardens.

350. Duty of secretary.

351. General powers of the board.

352. Notice of proceedings.

353. Auctioneer's duty.

354. Fees.

355. None but port-wardens to act.

356. Special wardens at quarantine.

357. Receipts and expenses.

The provisions of this article are from Laws of 1857, ch. 405.

§ 348. The nine wardens of the port of New York shall annually elect one of their number president and another vice-president. They may

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