which he may have been suspended shall have expired: Provided always, That nothing herein contained shall be so construed, as to prevent the owner or consignee of any vessel, or any other person or persons from recovering his or their damages in any court having jurisdiction of the same.

SECT. 32. And be it further enacted by the authority aforesaid, That it shall and may be lawful, upon complaint made by any pilot, to the mayor or any alderman in the city of Philadel phia, or to any justice of the peace in any county within this commonwealth, and they are hereby respectively empowered and required to issue forth a precept in writing, under hand and seal in the nature of a summons, capias or attachment, as the case may require, directed to any constable, commanding him to bring or cause to come before such mayor, alderman or justice, any person or persons against whom such complaint shall be made, respecting any demand on masters of vessels, owners, consignees or others, respecting pilotage or other claims as pilots, and thereupon to proceed to hear the proofs and allegations of the said parties, or such of them as shall appear, and to determine and pass judgment thereon, where the same shall not exceed the sum of twenty-six dollars and sixty-seven cents, in like manner as debts not exceeding ten pounds, are by the laws of this commonwealth recoverable, and subject to the like appeal, security, trial and costs, and that all such claim or demand for a sum or sums of money exceeding twenty-six dollars and sixty-seven cents, shall be sued for and recovered with costs of suit by action of debt, case, bill, plaint or information, in any court of record within this state.

SECT. 33. And be it further enacted by the authority aforesaid, That every pilot who shall pilot any ship or vessel to the port of Philadelphia, shall within forty-eight hours next after her arrival at the said port, make report thereof to the wardens' office, specifying the name of the master and vessel, and to the best of his information the number of persons on board such vessel; and if any pilot shall neglect or refuse so to do, or knowingly make a false report, he shall forfeit and pay for every such offence the sum of twelve dollars, for the use of decayed pilots, their widows and children, to be recovered as other fines and forfeitures are by this act recoverable.

SECT. 34. And be it further enacted by the authority aforesaid, That if any pilot endeavoring to assist or relieve any ship or vessel in distress, shall suffer loss or damage in his boat, her sails, tackle, rigging or appurtenances, the master, owner or consignee of such ship or vessel, shall be liable to pay to such pilot the value of such loss or damage, to be ascertained by the board of wardens, as to them shall appear just,

SECT. 35. And be it further enacted by the authority afore said, That whenever any person or persons whosoever, shall take or cause to be taken up, within the bay or river Delaware, any anchor or cable, he or they shall bring the same to the port of Philadelphia, and immediately file a written notice thereof, in the office of the wardens of the said port, stating the time when and the place where such anchor or cable was taken up, and shall also cause a copy of such notice forthwith to be inserted in one of the English newspapers of the city of Philadelphia, and continued therein twice a week for the space of two months, unless the owner or owners thereof, his or their agent or agents, shall before the expiration of the said period, file a claim in writing in the said office, to such anchor or cable, and if upon the filing of such claim, sufficient proof of the property of such claimant be made within a reasonable time, to the satisfaction of the board of wardens, every anchor or cable so taken up and claimed as aforesaid, shall be restored to its proper owner or owners, his or their agent or agents; he or they paying to the person or persons so taking up and bringing the same to the said port, one half the value thereof, if taken up between the northernmost part of Reedy Island and the capes of Delaware, and one third of the value thereof, if taken up between the northernmost part of said Island and the port of Philadelphia; which valuation shall be made by two persons, respectively to be chosen by the parties, who in case of disagreement shall appoint a third, whose decision shall be final; but if no claim shall be so filed within the period aforesaid, the anchor or cable so taken up and brought to the said port, shall be vested in and become the property of the person or persons who may have taken up the same; and if any person or persons who shall have so taken up any anchor or cable, neglect or refuse to observe or comply with the directions above mentioned, he or they shall forfeit and pay for every such offence, the sum of fifty dollars, to be sued for, recovered and applied for the use of decayed pilots, their widows and children, by the master warden of the said port: Provided always, That if the fine or penalty aforesaid, shall be recovered from any person other than a pilot, the money so recovered shall go to the board of wardens to defray the contingent expenses of said board.

SECT. 36. And be it further enacted by the authority aforesaid, That all forfeitures, penalties, sum or sums of money in this act mentioned, or accruing by virtue thereof, and not otherwise directed and appropriated, shall be pavable, sued for, recovered and applied in manner and form following; that is to say, all the said forfeitures, penalties, sum and sums of money, in and by this act made payable to the master warden for the time being, shall be sued for and recovered by the said master

warden, with costs of suit, before the mayor or any alderman of the city of Philadelphia, or before any justice of the peace of the county of Philadelphia, or any other county in this state, where the same shall not exceed the sum of twenty-six dollars and sixty-seven cents, in like manner as other debts under ten pounds are by the laws of this commonwealth recoverable, and subject to the like appeal, security, trial and costs, and that all such forfeitures, penalties, sum and sums of money, as shall amount to more than twenty-six dollars and sixty-seven cents, shall be sued for and recovered with costs of suit, by action of debt, case, bill, plaint or information, in any court of record within this state; and that all the fines, forfeitures, penalties, sum and sums of money, received by the master warden or wardens, by virtue of this act, and not otherwise appropriated, shall be by them respectively paid to the state treasurer, once in every three months, for the special use and purpose of paying off the rent, salaries and other incidental expenses arising from the due execution of this act, and all other expenses, costs and charges which have accrued, by the execution of the several acts respecting the wardens of the port of Philadelphia, and to this end all the said fines, forfeitures, penalties, sum and sums of money, so as aforesaid to be paid to the said treasurer, in pursuance of this act, shall remain in the hands of the said treasurer, especially appropriated for the purpose, and subject to the drafts of the said master warden or board of wardens, for all or any of the purposes aforesaid, and for no other use or purpose whatsoever; and to the end and intent that fair and just accounts shall be kept, and settlements made by the said wardens, of all their transactions in pursuance of this act, they are hereby enjoined and required, to exhibit true and just accounts of them once in three months to the register general, who is hereby authorized and required to settle and adjust the same, in like manner as other accounts are settled by him, agreeably to the laws of this commonwealth, subject to the like appeal, security, trial and costs, as in other cases of appeal from any settlement made before him, and in like manner to proceed and recover such balance or balances, as on such settlement or settlements shall be found due from them or any of them.

SECT. 37. And be it further enacted by the authority aforesaid, That such law or laws of this commonwealth, as are by this act supplied, be and the same are hereby repealed and made void.

ROBERT WHITEHILL,

Speaker of the Senate.

SIMON SNYDER,

Speaker of the House of Representatives.

Approved March 29, 1803.

THOMAS M'KEAN.

A SUPPLEMENT

To the Act, entitled "An Act to establish a Board of Wardens for the Port of Philadelphia, for the regulation of Pilots and Pilotages, and for other purposes therein mentioned.

SECT. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the wardens for the port of Philadelphia, on the application of any person for a license to act as a pilot in the bay or river Delaware, to take to their assistance in the examination of such pilot, two pilots having licenses of the first class, and the person so applying shall pay to the pilots who may assist at such examination, the sum of one dollar each: Provided, That from and after the passing of this act, no license to act as a pilot shall be granted to any person under the age of twenty-one years, nor unless he has served a regular apprenticeship for the terms and in the manner prescribed in the eighteenth section of the act to which this is a supplement: And Provided also, That this act is not to be construed to deprive persons under the age of twenty-one years, who now have licenses, from enjoying the benefit of the same.

SECT. 2. And be it further enacted by the authority aforesaid, That for and during the term of four years from and after the passing of this act, no vessel employed in and licensed for the coasting trade, of a less burthen than one hundred tons, shall be obliged to receive a pilot, or be subjected to the payment of half pilotage, in case of refusal to receive such pilot : Provided, That after the expiration of said four years, the exemption of coasting vessels from pilotage, shall be and remain as is provided by the twenty-ninth section of the act to which this is a supplement.

SECT. 3. And be it further enacted by the authority aforesaid, That the master of any ship or vessel neglecting to make report to the master warden, agreeably to the twenty-ninth section of the act to which this is a supplement, shall forfeit and pay the sum of ten dollars and no more.

SECT. 4. And be it further enacted by the authority aforesaid, That on satisfactory proof being made to the wardens, on oath or affirmation (which oath or affirmation the master warden is hereby authorized to administer) that any pilot, whilst having charge of a ship or vessel was intoxicated with drink, it

shall be the duty of the said wardens to suspend such pilot for any term not less than one year, and in case of such suspension the pilot shall deliver to the wardens his license, to be by them kept till the time for which he may have been suspended shall have expired: And if any pilot who may have been suspended for the reason aforesaid, shall, by satisfactory proof being made to the wardens in the manner aforesaid, be convicted of being a second time intoxicated with drink, whilst having charge of any ship or vessel, such pilot shall be deprived of his license, and be forever thereafter incapable of acting as a pilot for the bay and river Delaware: Provided, That nothing herein contained, shall be so construed as to prevent the owner or consignee of any ship or vessel, or any other person or persons from recovering in any court having jurisdiction of the same, for any loss or damage he, she, or they may sustain, in consequence of such misconduct on the part of the pilot.

SECT. 5. And be it further enacted by the authority aforesaid, That for and during the term of four years from and after the passing of this act, and no more, the compensation of pilots for conducting ships or vessels from the city of Philadelphia to the capes of Delaware, or from the capes of Delaware to the city of Philadelphia, shall be, for every half foot of water which any inward bound vessel shall draw under and up to twelve feet, one dollar and sixty-seven cents; and for every half foot of water which any such vessel shall draw more than twelve feet, the sum of two dollars and eight cents; and for every half foot of water which any outward bound vessel shall draw under and up to twelve feet, the sum of one dollar twenty-five cents; and for every half foot of water which such vessel shall draw more than twelve feet, the sum of one dollar and sixty-seven cents: Provided, that no pilot shall receive any pilotage for any supernumerary inches under six. And Provided also, That after the expiration of the four years aforesaid, the pilotage shall be reduced to and be paid at the rate and in the manner provided by the twenty-seventh section of the act to which this is a supple

ment.

SECT. 6. And be it further enacted by the authority aforesaid, That whenever, for the reasons mentioned in the nineteenth section of the act to which this is a supplement, the wardens of the port shall grant certificates to any person to act as pilot for the term of six months, and at the expiration of that time, it shall be made appear to the satisfaction of the said wardens, that any of the persons to whom such certificates are granted, are qualified to act as pilots, it shall be lawful for the wardens to grant them licenses to act as pilots for the bay and river Delaware, and the persons to whom such licenses are granted