An act for the government of the Port and Harbor of Mobile.
Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That the Governor of this Territory shall from time to time, as often as it shall be requisite, appoint some proper person to be Harbor master of the Port of Mobile, and the said Harbor master, before he enters upon the duties of his office, shall execute a bond to the governor of this Territory, with two sufficient securities to be approved of by said Governor, in the sum of three thousand dollars, conditioned for the faithful and impartial fulfillment of his duties required of him by this act, and shall also take an oath duly and faithfully to execute the same.
Sec. 2. And be it further enacted, That the said Harbor master shall have authority to reregulate and station all ships and vessels in the Bay or Harbor of Mobile, within the limits of the said corporation, and at the wharfs thereof, and remove from time to time, such ships and vessels, as are not employed in receiving or discharging their cargoes, to make room for such others as require to be more immediately accommodated, for the purpose of receiving and discharging theirs; and as to the fact of their being fairly and bonafide employed in receiving or discharging their cargoes, the said Harbor master is hereby constituted the sole judge; and the said Harbor master shall have authority to determine how far, and in what instances it is the duty of the masters and others having charge of ships and vessels to accommodate each other in their respective situations; and if any master or other person shall resist or oppose the said Harbor master in the execution of the duties of his office, such master or other
having charge of any ship or vessel, or other person whatsoever, shall for every such offense forfeit and pay the sum of fifty dollars, to be recovered with cost of suit, in the name of the Treasurer of the town of Mobile, before any court having cognizance thereof, all of which dues when collected, shall be paid to the said Treasurer, for the use of the poor of said town.
Sec. 3. And be it further enacted, That it shall be the duty of the said Harbor master to superintend and enforce all laws of this Territory, and all the laws of the town of Mobile, for preventing and removing all nuisances whatsoever, in or upon the wharfs within the corporate limits of said town.
Sec. 4. And be it further enacted, That it shall be the duty of all persons acting as pilots in the port of bay of Mobile, to register their names and places of abode respectively, in the office of the said Harbor master, and the name, size and dimensions of the respective pilot boats used by him or them.
Sec. 5. And be it further enacted, That the said Harbor master shall have power to order any branch pilot or deputy pilot whom he may find in the town of Mobile, to return to his station at Mobile point, and any pilot refusing to comply with the said order, or who shall evade the same, or shall refuse or neglect to perform any of the duties herein before imposed upon him, shall on due proof thereof, made to the master and wardens of the said port, be subject to a fine not exceeding fifty dollars, to be recovered with cost of suit, before any court having cognizance thereof, in the name of the Treasurer of the town of Mobile, or to be rendered incapable of acting as a pilot thereafter, as in the judgment of the said master and wardens may be deemed proper.
Sec. 6. And be it further enacted, That the
said Harbor master, in case of sickness or temporary absence, shall have power to appoint a deputy, and the same to remove or displace and appoint another in his room. And further the said Harbor master shall have power to demand and receive from the commander, owners or consignees or either of them, of every ship or vessel that may enter the port of Mobile, and load, unload or make fast, to any of the wharfs within the limits of the said town at and after the rate of three cents per ton, to be computed from the tonnage expressed in the registers of such ships or vessels respectively, and no more: Provided always, that the sums shall not extend to chalons, flats or keel boats, which are employed in the river trade, unless upon the application of the person having charge of such chalon, flat or keel boat so employed; - the said Harbor master shall interfere and adjust any difference respecting the situation or position of such flat or boat, which differences the said Harbor master is authorised to hear and determine, in which case the said Harbor master may demand and recover in manner aforesaid, from the party in fault in the promises the sum of two dollars for every difference so adjusted, and no more.
Sec. 7. And be it further enacted, That it shall be lawful for the Governor of this Territory to appoint as often as shall be necessary, one fit and proper person to be master and three other fit and proper persons to be wardens of the said port of Mobile, who shall be called the master and wardens of the port of Mobile, and also two or more sufficient persons to be branch pilots of the said port, each of which branch pilots may appoint deputies under him: Provided that no person shall be appointed a deputy until he shall have obtained a certificate from the master and wardens aforesaid, or any three of them, under their hands, that he is du-
ly qualified for such office: and if any person not appointed as aforesaid shall pilot any ship or other vessel either into or out of the bay or Harbor of Mobile, he shall forfeit and pay the sum of twenty five dollars, unless such ship or vessel be in distress or no regular pilot can be had.
Sec. 8. And be it further enacted, That the master and wardens hereafter to be appointed, before they enter upon the execution of the said offices shall severally take an oath before the Governor (or any other person authorised by law to administer oaths of office) in the following words to wit:
"I, A. B. will well, truly and faithfully, according to the best of my skill and understanding, execute the powers and duties vested in, or enjoined on me by law, as master (or one of the wardens, as the case may be) of the port of Mobile,- so help me God"
Sec. 9 And be it further enacted. That the said master and wardens shall keep an office in the town of Mobile, and shall cause to be made in a book, to be kept for that purpose, an entry of all their proceedings by virtue of this act, to which all persons may have recourse: and they shall be empowered to receive all pilotage money, which shall become due to any pilot or deputy pilot, and on neglect or refusal of payment by the person who ought to pay the same, may sue for and recover the same, in the name of the said master and wardens, with cost, before any court having cognizance thereof; and in the said office shall be kept a separate account with each pilot of all monies received to his use, and the amount so due to each pilot, shall be paid to them, respectively, once in every three months, after deducting five per cent for the trouble of the said master and wardens; and all fines and forfeitures arising under this act, except the forfeited recognizances of pilots
and deputy pilots, shall be sued for and recovered as aforesaid by and in the name of the said master & wardens; & no such suit shall discontinue or abate by the death, resignation or removal from office of the said master or wardens and all such fines and forfeitures, and the sums recovered on any forfeited recognizance, and not applied in discharge of damages as herein after mentioned, shall be paid to the said master and wardens, and be by them applied towards defraying their necessary expenses arising in the execution of their trust.
Sec. 10. And be it further enacted, That every branch pilot or deputy pilot hereafter to be appointed before he takes upon himself the execution of his office, shall enter into a recognizance to the Governor of this Territory, with two sufficient securities to be approved by the master and wardens aforesaid, each branch pilot in the sum of one thousand dollars, and each deputy pilot in the sum of five hundred dollars conditioned that he will diligently and faithfully execute the trust reposed in him as a pilot or deputy , (as the case may be) according to the directions of this act, and such rules and orders as shall be given in pursuance thereof; and every such recognizance if forfeited, may at the request of any person aggrieved, be prosecuted in any court of the said town or Territory having cognizance thereof to judgment and execution, as in other cases, and the amount of such recognizance when recovered; shall by an order of the court in which the same is recovered, be paid to the said master and wardens; & the said master & wardens, or any three of them, shall in such case, and also at any time after said suit brought on, such recognizance if requested by any party interested therein, examine into and ascertain the damages sustained by the persons so aggrieved and shall apply the monies so to be received, or as
much as shall be requisite to pay the damages so ascertained and shall make report in writing to the court in which such recovery shall be had, of the damages so ascertained and paid; Provided however that if the branch or deputy pilot so offending, shall before judgment is obtained on his recognizance as aforesaid, pay to the party aggrieved, the damages so ascertained by the said master and wardens, in manner aforesaid, together with cost of suit, the suit on such recognizance shall be discontinued.
Sec. 11. And be it further enacted, That the said master & wardens or any one of them shall if called upon by the person commanding any ship or vessel arriving from sea, inspect the manner in which the hatches of such ship or vessel were secured, previous to the opening thereof, for the purpose of discharge, and shall be present at the opening of the same, and shall upon every such survey, certify under his hand how the said hatches appeared to him, for which certificate he shall be entitled to two dollars; and the said master and wardens of any two of them shall be surveyors of damaged Goods brought into the port of Mobile, in any ship or vessel, and with the assistance of one or more skillful Carpenters, shall be surveyors of any damaged vessel, and any vessel deemed unfit to proceed to sea, and they shall upon every such survey certify under their hands how the vessel or vessels so surveyed appeared to them and shall cause entries to be made in a book to be kept for that purpose in their office, and for each certificate and entry they shall be entitled to two dollars, and for every duplicate thereof one dollar: And the said wardens shall severally be entitled for their services as surveyors of damaged Goods or vessels at the rate of two dollars and fifty cents per day, and farther, it shall solely belong to the said master and wardens, or any two of
them, to order and direct the sale of damaged goods by public Auction, giving notice of such public sale, at least two days before such sale is to take place, in some newspaper published in the town of Mobile, and at least two of the said wardens shall be present at such public sale, and shall certify to the truth of the account of sales of the Auctioneer by whom such damaged goods shall be sold, and for such attendance and certificate, shall be entitled to the sum of ten dollars.
Sec. 12. And be it further enacted, That neither the master or wardens aforesaid, shall be concerned directly or indirectly, in any pilot boat, or with any branch pilot, in respect to the business of his trust.
Sec. 13. And be it further enacted, That the said master and wardens, with the consent of the Governor of this Territory may make such rules and orders for the better government of the said pilots as they shall deem proper and the same from time to time to revoke and amend, and any three of the said master and wardens may impose fines for the breach of any such rules and orders upon any of the said pilots or deputy pilots: Provided that no fine for any offense, shall exceed twenty five dollars, unless any branch pilot or his deputy shall neglect or refuse to give all the assistance in his power to any ship or vessel appearing in distress on the coast or in want of a pilot: and in such case every pilot or deputy pilot so offending, shall at the discretion of any three of the said master and wardens, be fined in any sum not less than twelve and a half dollars, nor more than fifty dollars or be suspended from his office until the pleasure of the Governor of this Territory be made known.
Sec. 14. And be it further enacted, That the said master and wardens shall furnish every pilot aforesaid with printed instructions in
French and English, to be shewn by such pilot to the master or commander of every vessel as soon as he shall go on board to take charge of such vessel, to pilot her into the bay and harbor of Mobile.
Sec. 15. And be it further enacted, That from and after the first day of March one thousand eight hundred and twenty, every branch pilot of the bay and harbor of Mobile, shall be owner or part owner of a pilot boat of not less than twenty two feet keel and seven feet and a half beam, and to row not less than twelve oars and shall keep such boat exclusively employed as a pilot boat; and every such branch pilot not owning or employing a pilot boat as aforesaid, shall forfeit his office, and in the mean time shall be suspended as aforesaid by any three of the master and wardens aforesaid.
Sec. 16. And be it further enacted, That the master or owners of any ship or vessel appearing in distress, and in want of a pilot on the coast, shall pay unto such branch or deputy pilot, who shall have exerted himself for the preservation of such ship or vessel, such sum for extra services as the said master or owner and pilot can agree upon; And in case no such agreement can be made, the master and wardens aforesaid or any three of them, shall determine what is a reasonable reward, and the sum so determined by them, shall be collected in the manner by this act directed, for the collection of pilotage.
Sec. 17. And be it further enacted, That if the master of any ship or vessel, coming into the bay of Mobile and being without the bar, shall refuse to receive on board and employ a pilot, the master or owner of such ship or vessel, shall pay to such pilot, who shall have offered to go on board, and take charge of the pilotage of such vessel, half pilotage.
Sec. 18. And be it further enacted, That if any
vessel going out of the bay of Mobile, shall carry off to sea through the default of the master or owner of such vessel any pilot or deputy pilot when a boat is attending to receive such pilot or deputy pilot from on board such vessel, the master or owner of such vessel, shall pay to the master and wardens of the port of Mobile, beside the pilotage of such vessel, the like wages per month, until he shall return to the port of Mobile, as the monthly wages to the mate of such vessel: Provided that such pilot or deputy pilot shall have performed the duties required of him by this act; and if any money shall have been paid to such pilot by the master or owner, or factor of such vessel, the same shall be deducted from the monies to be paid to the master and wardens, for the use of such pilots.
Sec. 19. And be it further enacted, That it shall be lawful for every branch or deputy pilot aforesaid, to ask and receive pilotage from any person who shall employ him to pilot any ship or vessel from sea, to within the bars at the mouth of the bay of Mobile, and shall, if required there safely moor such vessel; and likewise from every person who shall employ him to pilot any ship or vessel from within the bay of Mobile to the eastward and southward of the said bars so far that such vessel may safely proceed to sea, at the rate of two dollars for every foot of water, such ship or vessel shall draw.
Sec. 20. And be it further enacted, That for every day which any pilot aforesaid shall be required to remain or be detained on board any ship or vessel by the master thereof, waiting for a fair wind or otherwise, he may demand and receive the sum of two dollars: Provided however, that nothing shall be demanded or received from the master or owner of any vessel employed between the port of Mobile, and any other
port in this territory for refusing to receive and employ such pilot.
Sec. 21. And be it further enacted, That nothing in this act contained shall be construed to apply to the regular packets and traders between Mobile and New Orleans.
Sec. 22. And be it further enacted, That all acts and parts of acts coming within the purview and meaning of this act be and the same are hereby repealed.
An act for the relief of William Jordan.
Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That the county Treasurer of the county of Washington be, and he is hereby authorised and required to pay unto William Jordan, or his legal representatives, out of any monies in the treasury, so much money as may be due from said county to the said Williams Jordan for the building of a Jail and Court House in said county, agreeable to contract.
Sec. 2. And be it further enacted, That the said Treasurer do pay unto the said William Jordan, or his representatives, legal interest on the whole or so much of said money as remains
unpaid from the time that the same was to have been paid and until paid, agreeable to contract.