Page:Federal Reporter, 1st Series, Volume 1.djvu/143

 be under the control of one of these licensed pilots when under way, except upon the high seas. Stat. July 25, 1866, 14 St. at Large, 228. This statute has been modified, and the employment of such a pilot is now compulsory only upon coasting steam vessels not sailing under a register. Rev. St. § 4401; Murray v. Clark, 4 Daly, 468, affirmed, 58 N. Y. 684. This vessel, therefore, was not bound to carry such a pilot and was bound by any law of Massachusetts which might require her to take a local pilot. Eev. St. § 4444.

The district court decided that the "United States" was carrying a pilot, within the exemption of the Massachusetts law.

A doubt has been raised for the first time in this court whether the certificate of the master licenses him to act as pilot. The statute permits one license to be granted to a master. or mate to act as a pilot, and requires that it should "state on its face that he is authorized to act in such double capacity." Rev. St. § 4443. The agreement of the parties finds that Captain Hedge was thus authorized, but it refers to the certificate, and the libellant argues that if his construction of that instrument was mistaken he is not bound by his admission of a matter of law. I have procured a copy of the certificate, distinguishing what is printed or engraved and what written. It is as follows, the part in Italics being written and the remainder engraved :

"This is to certify that Daniel Hedge has given satisfactory evidence to the undersigned local inspectors of steam vessels for the District of Boston, Mass., that he is a skilful master of steam vessels, and can be entrusted to perform such duties upon the waters of the Atlantic Coast; also, to act as First Class Pilot between Boston and Halifax, P. E. I., and Havana, Cuba, and intermediate posts; and he is hereby licensed to act as such master on steam vessels for the term of one year from this date. Given under our hands this twenty-second day of January, 1879.

"Andrew Burnham, "Inspector of Hulls.

"Andrew J. Savage, "Inspector of Boilers."