Pilots liable for negligence of vessels. R. S. 32, § 11. 8 Pick. 23. port within this state, to another port within the state, unless such vessel shall then be in the completion of a voyage from a port or place without the state; the said pilot first showing his branch or warrant to the master of any such vessel, if required. 13. If any vessel, while under the charge of a branch while in charge or warrant pilot or his deputy, shall be lost or run aground, or sustain any damage, through the negligence or unskilfulness of such pilot or deputy, such pilot shall be liable, both for himself and his deputy, to pay all damages sustained by any person interested in such vessel or her cargo; and may, moreover, be removed from his office. When masters Masters, &c., of a vessel may pi lot it into any port, other than that of the desti nation, &c. 1847, 279, § 1. Rates of pilotage to be in propor 14. Any master of a vessel, other than such as are excepted in the seventh section of the thirty-second chapter of the Revised Statutes,1 who may choose to pilot his own vessel into or out of any port, shall be permitted so to do; but he shall, notwithstanding, be liable to pay to such pilot of the port, as shall first come on board of his vessel, the full pilotage, according to the fees specified in his warrant; [except as provided in the following section.] 15. On and after the first day of May, 1847, the master or commander of any ship or vessel may pilot his own vessel into, or out of, any port in this commonwealth, other than the port of her destination; and no ship or vessel, so piloted, shall be subjected to pay pilotage on entering or leaving any port as aforesaid: provided, that, if the master or commander of any such ship or vessel shall require and receive the aid of a pilot to conduct his vessel as aforesaid, then such pilot shall render his services, and be entitled to receive the rates of pilotage established for said port. 16. The rates of pilotage established in the several tion to draft of ports of this commonwealth, shall be paid in proportion for the depth of water any vessel may draw. water. Ibid, § 2. Pilots to demand 17. It shall be the duty of every pilot who shall have conducted any ship or vessel into, or out of, any port in this commonwealth, to demand, from the captain or commander of such ship or vessel, a certificate, containing the name of the ship or vessel, the pilot's name, and the 1 See note 1, to § 9, p. 299, ante. draught of water in feet and inches; and such certificate shall be conclusive evidence, against the owner, of the draught of water of such ship or vessel. ing himself, to be 18. Any ship or vessel, requiring the aid of a pilot to First pilot offerenter any port in this commonwealth, shall receive the first person offering his services, and holding a branch for the port into which the vessel is bound, whether he be within his district or not; and if such pilot, so offering his services, shall not be received, and the master or commander shall afterwards receive another pilot, the first pilot offering shall be entitled to receive full pilotage for the draught of water such vessel may draw. 19. Pilots are exempted from military duty in this Pilots exempted commonwealth. from military POLICE OFFICERS. STATUTE. The mayor and aldermen may appoint police officers. dermen may officers. The mayor and aldermen of Boston may, from time to Mayor and altime, appoint such police officers for said city as they may appoint police judge necessary, with all or any of the powers of the consta- 1838, 123. bles of said city, except the power of serving and executing any civil process; and the said police officers shall hold their offices during the pleasure of the said mayor and aldermen. 1 1 The law does not require that a police officer of the city of Boston, appointed pursuant to stat. 1835, c. 123, should be sworn to the faithful discharge of the duties of his office; and therefore a party indicted for assaulting such police officer, and obstructing him in the discharge of the duties of his office, cannot defend by showing that he had never been sworn. Commonwealth v. Dugan, (12 Metc. 233.) L. was appointed by the mayor and aldermen of Boston, under stat. 1838, c. 123," a police officer (at the National Theatre) with the power of Selectmen (mayor and al point porters. 1741, 1. 1796, 69. Appendix,6 & 25. STATUTE. PORTERS. 1. Selectmen, (mayor and alder- 2. Penalty for persons unlicensed 3. Penalty for asking more than selectmen allow, for services. For appearing without badge. 4. Security to be given by porters. They may be removed for disorderly conduct. 1. By an act for the better regulating porters employed dermen) to ap- within the town of Boston,1 passed in 1741, and originally to continue for seven years, and no longer, but made per3 Special laws, petual, March 7, 1797, it was provided, that the selectmen 2 of the town of Boston for the time being, should have full power and authority to order what number, and who should be employed, and take upon them the business of carrying goods, wares and merchandizes, for pay or wages, as common porters within the said town; and what rate or price such To regulate their wages. a constable, except the power of serving civil process." Held, that if L.'s power was limited to a part of the city, yet that it was not limited to the space within the walls of the theatre, but extended to the environs, so far as the special vigilance of an officer might be required to keep the peace and preserve order among persons frequenting the theatre, or carrying others to and from it, or supplying refreshments; and also to shops, stalls and stands, kept in the vicinity, for the purpose of supplying refreshments. Commonwealth v. Hastings, (9 Metc. 259.) 1 The preamble of this act was as follows: "Whereas the trade and business managed in the town of Boston, between the inhabitants thereof and others trafficking there, occasions many persons to resort to and attend about the wharves, docks, and other parts of the town, to convey and carry goods, wares and merchandizes from place to place, some of whom are not so well known as such an employment requires, others of no good character, yet ofttimes have goods of a considerable value put into their custody for conveyance as aforesaid, and some taking upon them the business of porters, impose upon those making use of them, more especially strangers, by exacting exorbitant wages for their labor, or refusing business, though not before employed, if they cannot have their unreasonable demands: Therefore, to avoid such inconveniencies for the future, Be it enacted," &c. 2 By the city charter, § 13, the powers previously vested in the selectmen, were vested in the mayor and aldermen. See p. 13, § xx, ante. badges. persons should ask, receive and take, for their labor, service and attendance, according to the distance of place or other circumstances, the selectmen should order and ascertain; all which persons, so admitted by the selectmen, Porters to wear should at all times when in the service or doing the business of porters, wear a badge or ticket, with the figure of a pine tree marked thereon, on some part of his upper garment or girdle; which badge or ticket should be numbered, and a fair entry of each porter's ticket made in the selectmen's book, as also the wages they were to ask and receive, within ten days after the approbation of the selectmen as aforesaid. sons unlicensed Ibid, 2. 2. It was further provided, that whosoever should pre- Penalty for persume to take up the business and employ of a common acting as porters. porter, and convey or carry goods and merchandize from place to place, within the town of Boston, for hire or wages, without being admitted by the selectmen, as aforesaid, should forfeit and pay the sum of twenty shillings, for every time he should be convicted thereof, before any one of his majesty's justices of the peace, within the county of Suffolk, at Boston aforesaid; the one half of which fine or forfeiture, should be disposed of to and for the use of the poor of the town of Boston, the other half to him or them that should inform and sue for the same. ing more than for services. Appearing without badge. 3. It was further enacted, that whosoever, being ad- Penalty for askmitted as a porter as aforesaid, should ask, take, and receive selectmen allow, any more than what the selectmen should allow, for any Ibid, $ 3. work or service, should for every such exaction, forfeit and pay the sum of twenty shillings, to be recovered and disposed of as hereinbefore directed; and if any person admitted and approved of as aforesaid, as a common porter, should officiate or concern himself in the business of transporting goods or merchandize, not having his badge or ticket, should, for every such breach of the said act, forfeit and pay the sum of twenty shillings, to be recovered and disposed of as aforesaid. given by porters. 4. It was further enacted, that the selectmen should Security to be require and take bond of each one of the porters, admitted Ibid, § 4. as aforesaid, with sufficient surety, in a sum not exceeding They may be removed for disorderly conduct. 1821, 110, § 13. fifty pounds, for their orderly and faithful acting in the business; more especially their safe conveying and delivering such goods as should be committed to them; and that upon complaint made to the selectmen, that any whom they might have admitted as aforesaid, did not behave and conduct themselves orderly, peaceably and quietly, towards their employers, it being made to appear, the party accused being seasonably notified thereof, such person might be removed, and other meet and orderly person admitted in his room. A joint standing PRINTING. ORDINANCE OF THE CITY.1 A joint standing committee on printing to be appointed. There shall be appointed annually, in the month of January, a joint standing committee of the city council, to be called the committee on printing, consisting of one member of the board of mayor and aldermen, and two members of the common council, whose duty it shall be to contract for the city printing, to see that the work performed, and the materials provided, are in conformity with the terms of the contract; and to approve all bills for printing. 1 An ordinance relating to printing, passed December 24, 1846. |