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APPENDIX II.

PILOTAGE, HARBOR CONTROL, QUARANTINE, ETC.

MASSACHUSETTS.

PILOTS AND PILOTAGE.

Extracts from Chapter 67 of the Revised Laws of Massachusetts, 1902.

SEC. 17. A pilot shall have a lien for his pilotage fees upon the hull and appurtenances of every vessel liable to him therefor under the provisions of this chapter for sixty days after the completion of his services; but the lien of a pilot for the harbor of Boston shall not attach until it has been approved by the pilot commissioners.

SEC. 18. A pilot shall be liable for all damages which may accrue from his negligence, unskillfulness, or unfaithfulness.

SEC. 19. A pilot shall, if so required, exhibit his commission to the master of any vessel of which he may take charge.

SEC. 20. A pilot who takes charge of a vessel drawing more water than his commission authorizes shall be suspended or removed.

SEC. 21. Pilots shall first board such vessels, irrespective of size, as may have signals set for a pilot. If there are no such signals to be seen, pilots shall offer their services to the first vessel which they can board; and if a vessel liable to pilotage refuses to take a pilot, the pilot offering his services shall inform the officers of such vessel that she will be held to pay the regular fees for pilotage, whether such services are accepted or not.

SEC. 22. Every inward-bound vessel shall, except as provided in sections twenty-five and twenty-eight, receive the first pilot who holds a commission for her port of destination who offers his services, and such vessels shall, except as provided in sections twenty-six and twentyseven, be held to pay to such pilot the regular fees for pilotage, whether his services are accepted

or not.

SEC. 23. Every outward-bound vessel, except whaling vessels outward bound from the port of New Bedford, which is liable to pilotage if inward bound, shall, whether the services of a pilot are accepted or not, be held to pay the regular fees to the pilot who brought her into port or to some other pilot of the same boat, if he offers his services before she gets under way; or if such pilot does not so offer, or if such vessel was not piloted into port, then to the pilot who first offers his services.

SEC. 24. No vessel shall be liable to pay pilotage fees in or out of any port other than her ports of departure and destination, unless the aid of a pilot is requested, in which case the pilot shall be bound to act as such, and shall be entitled to the regular compensation therefor.

SEC. 25. Every pilot is authorized and directed to take charge, within the limits of his commission, of any vessels, not exempt from compulsory pilotage by section twenty-eight, and of vessels not bound from one port to another within the commonwealth, unless they are in the completion of a voyage from a port out of the commonwealth.

SEC. 26. Vessels of not more than two hundred tons burden, or vessels under three hundred and fifty tons register, bound into the port of Boston, which decline the services of a pilot, shall, if otherwise liable under the provisions of this chapter to the payment of pilotage fees, be liable to one-half of the regular fees; but if they request and receive such services, they shall pay the regular rates.

SEC. 27. If steam towage is taken by the desire of the master, the vessel shall pay full pilotage fees; but if taken by direction of the pilot in charge, such vessel shall pay the pilot but 75 per cent of the regular fees.

SEC. 28. Steam vessels regulated by the laws of the United States and carrying a pilot commissioned by United States commissioners, vessels regularly employed in the coasting trade, fishing vessels other than whalers, vessels of less than 7 feet draft of water, vessels bound into (109)

the harbor of Boston and otherwise liable to pilotage, which arrive within a line drawn from Harding's Ledge to the Graves and thence to Nahant Head before the services of a pilot have been offered, and vessels under three hundred and fifty tons register bound out of the port of Boston, shall be exempt from the compulsory payment of pilotage, but if any such vessel requests the aid of a pilot, he shall serve the same in like manner as vessels which are not exempt, and shall be entitled to the regular compensation therefor.

SEC. 29. National vessels which employ a pilot shall pay the same rates as vessels in the merchant service.

SEC. 30. The period for winter rates of pilotage, if such rates are established, shall be from the first day of November to the thirtieth day of April, inclusive, and for summer rates, from the first day of May to the thirty-first day of October, inclusive. In the harbors of Boston, Cohasset, Salem, and Beverly, the rates shall be the same during the whole year; and in the harbors of Cohasset, Salem, and Beverly, the rates shall be the same as those in the harbor of Boston.

SEC. 31. If a vessel is anchored for twelve hours or more under any regulation relative to quarantine or to alien passengers, the pilot in charge, upon piloting such vessel to her port of destination, shall be entitled to an addition of twenty-five per cent to the regular fees.

SEC. 32. If a pilot, without fault or negligence of his own or of his associates, is unable to leave the vessel under his charge and is carried to sea, he shall be entitled to two dollars for each day on which he is necessarily detained from home.

SEC. 33. A pilot who fails to anchor a vessel carrying alien passengers or a vessel subject to quarantine, at the place assigned by the proper authorities, shall be suspended or removed. SEC. 35. No person, unless he holds a commission as a pilot, shall, if a commissioned pilot offers his services, or can be obtained within a reasonable time, assume or continue to act as pilot in the charge or conduct of any vessel within the waters of this commonwealth, unless he is actually employed on such vessel for the voyage.

PILOTAGE-SPECIAL REGULATIONS.

BOSTON HARBOR.1

Extracts from Laws, Rules and Regulations to 1908.

1. There shall be five pilot boats constantly employed by the Boston pilots; each boat shall have a number which shall be painted in black figures of not less than forty-eight inches in length in the mainsail and jib; the numbers of boats and crews of said boats to be regulated by the commissioners; but if and when pilot boats, propelled either in whole or in part by steam or other motive power, are substituted for any of the number aforesaid, they may, with the approval of the pilot commissioners, be reduced in number.

3. Each one of the pilot boats employed for the harbor of Boston, in alternate weeks, and in the order of their numbers, shall cruise on a station at the entrance of Boston Harbor, outside of Boston Light, and within the limits of a line drawn from Minot's Ledge to Nahant Head; and the boat on said station shall at all times show the established pilot-boat signal, and shall by day and by night, at all times, remain on said station whenever the weather does not render it impracticable, and be on the lookout for vessels approaching Boston Harbor; and shall at all times be furnished with pilots without leaving her station, and shall offer the services of a pilot to all vessels entering said harbor, * * * and she shall receive on board pilots from outward-bound vessels,

* * *

11. Not less than three pilot boats shall at all times cruise in Boston Bay, outside of the limits prescribed for the station boat.

There shall be two stations for Boston pilots for inward-bound vessels. The outer station shall include a distance in sight of land in fair weather from the boat's deck, from where Race Point bears south to where the Highland Light bears west-northwest.

* *

*

The existing regulations of law for the inner station shall also apply to the Cape Cod station created by this act.

In addition to the stations now established, there shall be a third station for Boston pilots for inward-bound vessels which shall be established near the Boston light-ship; and the inner cruising line of this station shall be drawn from Minot's Light to Half Way Rock off Marblehead, and the outer limit of this station shall be with the light-ship in sight by day, and the lights of said light-ship in sight by night, in clear weather.

* * *

The existing regulations of law for the two stations already established, known as the Cape Cod station and the inner station, shall also apply to the light-ship station created by this act.

1 Includes all places accessible to vessels from sea included within the limits of Nahant Rock on the north and Point Allerton on the south.

4. It shall be the duty of every pilot, after having brought a vessel to the inner harbor of Boston, to have such vessel properly moored in the stream, or secured to a wharf (below the bridges), at the option of the master, within twenty-four hours after arrival, weather and tide permitting, without extra charge.

5. If any vessel outward bound, having a pilot on board, should anchor in Nantasket Roads, it shall be the duty of the pilot to remain on board said vessel, if requested by the master, until the next high water, and if detained after that time, he shall be entitled to receive three dollars per day for each and every day so detained.

6. No pilot shall leave a vessel outward bound, until outside of Boston Light, without permission of the master of said vessel.

9. The fees for hauling a vessel from the stream to a wharf (below the bridges), after the expiration of twenty-four hours from arrival, shall be four dollars; and for hauling a vessel from the wharf to the stream, provided the vessel does not proceed to sea within twenty-four hours from the time of anchoring, four dollars.

12. Every commissioned pilot for Boston Bay shall be attached to a pilot boat *

13. No pilot shall take charge of any vessel of a larger draught of water than his commission authorizes, nor shall any other person, not having a commission, be put on board of any vessel from either of the pilot boats, in the capacity of pilot. But in the event of the master of any vessel taking on board an unauthorized person to assist him in going into port, the person so taken shall state the circumstances to the master of said vessel, and keep the usual signal flying for a pilot until within a line from the Harding Rocks to The Graves and Bass Point, and shall give the vessel up to any authorized pilot who may offer himself.

The established pilot signal by day is a white and blue flag, white next to the mast, and in the night a white light at the masthead.

The pilots of the port of Boston shall have an office, or keep a desk in some countingroom in some central situation, where all communications may be left for them, and it shall be the duty of the pilots, when in Boston, to call at said office or desk twice a day at least.

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NEPONSET RIVER. The pilotage for the several landing places in the towns of Dorchester and Neponset shall not be compulsory. When the services of a pilot are required, the rates of pilotage authorized by the commissioners shall be one dollar per foot on inward draft. Outward vessels without cargo, $5.00 per vessel; with cargo, same as inward.

HINGHAM, EAST WEYMOUTH, QUINCY, QUINCY POINT, WEYMOUTH, EAST BRAINTREE, AND NANTASKET. The pilotage for the above places shall not be compulsory. When the services of a pilot are required, and are offered outside of a line drawn from Nantasket Point to the east point of Pettick's Island, from thence a line drawn to the northwest point of said.

Pettick's Island, from thence in a line to Sunk Island, from Sunk Island in a direct line to Hangman's Island, the rates of pilotage authorized by the commissioners shall be, viz:

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Nantasket, Quincy, Weymouth Landing, and Braintree, same rates as East Weymouth.

Inward and outward rates the same.

LYNN. The pilotage for the harbor of Lynn shall not be compulsory: The rates of pilotage authorized by the commissioners, 1865, shall be, viz:

To Lynn on vessels drawing 12 feet of water, or less, $4.20 per vessel.

To West Lynn, $4.20 per vessel. Up the river through bridges, $5.60 per vessel.

The outward rates shall be one-half the inward rates.

Extracts from the acts of 1862 except where otherwise indicated

SOUTH SHORE.

The rates for piloting from west of a line drawn from Sakonnet Point to No Mans Land, to the ports herein named, shall be as follows, viz: Into Tarpaulin Cove, one dollar and fifty cents per foot; * * * Falmouth Port, and Holmes Hole, one dollar and seventy-five cents per foot. Into Edgartown and Hyannis, two dollars per foot; and to the bar of Nantucket Harbor, two dollars and twenty-five cents per foot. And into any other ports on the south coast of Barnstable County or on the Vineyard Sound, one dollar and seventy-five cents per foot.

The outward rates of pilotage from all of the above-named ports and from the bar of Nantucket Harbor, if taken westward past Gay Head, shall be three-fourths of the above; and the outward and inward rates shall be increased by twenty per cent for all piloting done between the first day of November and the thirtieth day of April, inclusive.

The rates for piloting vessels into any of the above-named ports, and to the bar of Nantucket Harbor, from any point east of a line drawn from Sakonnet Point to No Mans Land, and between said line and a line drawn due south from Tarpaulin Cove Lighthouse, shall be twenty-five per cent less than the above-named rates; and if said pilot is taken east of line drawn due south from Tarpaulin Cove Lighthouse, fifty per cent shall be deducted from said specified rates; and in case the master then declines taking a pilot, said pilot offering shall be entitled to one-quarter pilotage, agreeably to these regulations; and if no pilot shall have offered his services before passing a line drawn from the West Chop Lighthouse to the Nobska Lighthouse, there shall be no obligation on the part of the master or owner to pay pilotage if the master shall then decline receiving a pilot.

The rates of pilotage for vessels coming from the eastward, bound to the aforesaid ports, shall be from east of a line drawn due north from Nantucket Great Point Lighthouse to the bar of Nantucket, one dollar and fifty cents per foot of said vessel's draught. Into Edgartown and Hyannis, one dollar and seventy-five cents per foot. Into Holmes Hole and Falmouth Port, * * * two dollars per foot; and into all other ports on the south coast of Barnstable County or on the Vineyard Sound, one dollar and seventy-five cents per foot; and from west of said line drawn due north from Great Point Lighthouse, twenty-five per cent less than the foregoing. The outward rates, when passing to sea to eastward of Nantucket Shoals, shall be three-fourths

of the inward rates, and both outward and inward rates shall be increased by twenty-five per cent for all pilotage done between the first of November and the thirtieth of April, inclusive.

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SEC. 1. The rates for pilotage for vessels in and out of Woods Holl Harbor shall be as follows: Whenever a pilot shall take charge of a vessel bound into said port from sea, east of a line drawn from Sakonnet Point to No Mans Land, the fees shall be two dollars and twenty-five cents a foot of the vessel's draught. If said vessel takes a pilot east of a line drawn due south from Tarpaulin Cove Lighthouse the fees for pilotage shall be one dollar and twenty-five cents a foot of the vessel's draught. For all pilotage done between the first day of November and the thirtieth day of April twenty-five cents a foot additional shall be charged as winter rates. The outward pilotage from Woods Holl for vessels bound west shall be one dollar and twenty-five cents a foot of the vessel's draught to a line drawn due north from Gay Head Lighthouse. When the pilot is taken east of a line drawn due north from Great Point Lighthouse the fee shall be two dollars and twenty-five cents of the vessel's draught. When the pilot takes charge of a vessel west of a line drawn due north from Nantucket Great Point Lighthouse, bound into Woods Holl, the fee shall be one dollar and twenty-five cents a foot of the vessel's draught; all outward bound vessels from Woods Holl, when bound east over Nantucket Shoals, when taken past and over said shoals, shall be subject to the full fees of two dollars and twenty-five cents a foot of the vessel's draught. (Act of 1889.)

NANTUCKET AND VINEYARD SOUNDS AND BUZZARDS BAY.

The rates for piloting vessels through the Vineyard Sound over Nantucket Shoal into Boston Bay, or to any port of destination eastward thereof, if the pilot be taken westward of a line drawn due south fron Tarpaulin Cove Lighthouse, or between said line and a line drawn from No Mans Land to Sakonnet Point, from the first day of November to the thirtieth day of April, inclusive, shall be for vessels not drawing more than eleven feet of water, three dollars and fifty cents per foot; if drawing more than eleven feet of water and not more than fourteen feet, four dollars per foot; if drawing more than fourteen feet, four dollars and fifty cents per foot. And from the first day of May to the thirty-first day of October, inclusive, for vessels drawing not more than eleven feet of water, two dollars and fifty cents per foot; if drawing more than eleven feet and not more than fourteen feet, three dollars per foot; if drawing more than fourteen feet, three dollars and fifty cents per foot. And if the pilot be taken west of said line drawn from Sakonnet Point to No Mans Land, ten per cent shall be added to the above specified rates; and if said pilot be taken at any point east of said line drawn due south from Tarpaulin Cove Lighthouse, ten per cent shall be deducted from said rates; and if, during the navigation aforesaid, the pilot is detained in any port at the request of the master, commander, or owner of said vessel, and not from stress of weather, he shall be allowed three dollars per day for all such detention; and in all cases five dollars shall be added to the rates aforesaid if the vessel shall be taken to a port of destination east of Cape Ann and not eastward of Portsmouth; and if the port of destination be Portsmouth or eastward thereof, ten dollars shall be added to said rates; provided, however, that any other rates may be agreed upon, by written contract between the master, commander, or owner of any vessel to be piloted, and the pilot taking charge of the vessel.

The rates of pilotage from one port to another on the Vineyard Sound, including the south coast of Barnstable County, and from the said ports to the bar of Nantucket Harbor, and vice versa, shall be uniformly one dollar and twenty-five cents per foot, and twenty-five per cent additional for all pilotage done between the first day of November and the thirtieth day of April, inclusive; and for pilotage inward or outward over the bar of Nantucket Harbor only, at all seasons of the year, one dollar per foot.

Any person holding a commission as pilot for Nantucket Shoals, is authorized to pilot vessels from any part of the Vineyard Sound, Nantucket Shoals, and ports bordering on the waters of the same, to the harbor pilot's limits of any port in Buzzards Bay, or ports west of said bay, at the following rates of pilotage: From any point east of a line drawn due north from Cape Poge, at two dollars per foot of such vessel's draught, and if taken westward of said line drawn due north from Cape Poge, one dollar and fifty cents per foot; and if no port pilot offers his services, with the consent of the master, they may proceed with said vessel to her destination and claim the whole amount of pilotage; provided, however, that no vessel passing through the waters of the Vineyard Sound, or over the Nantucket Shoals to ports beyond them, shall be holden to pay compulsory pilotage. But in no case shall an unauthorized pilot take charge of any vessel when a commissioned pilot can be obtained at a proper time. Pilots holding commissions for Vineyard Sound and Nantucket Shoals, who may have piloted a vessel over said shoals whose destination is a port in Barnstable or Boston Bay, or eastward thereof, on arrival at the port of her destination, and no harbor pilot offering his services, may, with the consent of the master (but not otherwise), pilot such vessel into her port of destination and receive the regular port pilot fees therefor.

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