Page:Federal Reporter, 1st Series, Volume 10.djvu/147

 thb lord olive. 135 �The Lobo Clive.* �{Bittrict Court, B.B. Pennsylvaniai January 4, 1882.) �1. Pilotage — Statutbs op Pennsylvama— Ddti to Accept thb First PilOt WHO Offers. �Under the Pennsylvania statute of March 29, 1803, the master of a vessel, of the draught mentioned in the act, is bound to accept the first duly-qualifled pilot who ofCers his services, and this provision ol the statute is not repealed by the subsequent statute of March 24, 1851. �Libel by the Society for Distressed and Decayed Pilots against the* steamship Lord Clive, to recover an amount equal to full pilotage of the vessel as a penalty for the refuaal of the steamship to accept the services of a pilot. The penalty was claimed under the act of assem- bly of Pennsylvania of March 29, 1803, (4 Sm. Laws, 74,) which provides as follows : �"The pilot who shall first offer himself to any inward-hound ship or vessel shall be entitled to take charge thereof, pro\ided his liceiise shall authorize him to pilot ships or vessels of such draught of water, and it shall be the duty of such pilot, if required, to exhibit his license to the master or com- mander of such ship or v€Ssel, and in case the draught of water of such ship or vessel shall be greater than such pilot shall be licensed to carry, he raay, never- theless, with the consent of the master, take charge of such ship or vessel until a pilot duly qualifled shall olier ; and if such qualifled pilot shall offer bef ore such ship or vessel shall have passed Eeedy island he shall be received, and the former pilot entitled to pilotage according to the distance he may have conducted such ship or vessel, and the latter to the residue of the pilotage, which shall be ascertained by the master- warden for the timebeing; and the maater or commander of such ship or vessel shall display the signal for a pilot heretof ore used, until a pilot duly qualifled shall offer ; and if the said master or commander shall neglect or refuse so to do, or shall refuse or neg- lect to receive a pilot duly qualifled, the master, owner, or consignee of such ship or vessel shall forfeit and pay to the warden aforesaid a sum equal to the half pilotage of such ship or vessel, to the use of the Society for the Relief of Dibtressed aiid Decayed Pilots, their widows and children, to be recovered as pilotage in the manner hereinafter directed." �By the act of March 24, 1851, (F. L. 229,) it was further provided: " Every vessel arriving from or bound to any foreign port or place * * * shall be obliged to take a pilot. * * * And if the master of any such vessel, being licensed as a coasting vessel, and of the burdenof 100 tons or more, shall refuse or neglect to take a pilot, the master or owner or consignee of �•Reported by Frank P. Prichard, Esq., of the Philadelphia bar. ��� �