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What vessels 13. Sec. XIII. All vessels entering and clearing within this state shall pay pi- shall pay the several rates of pilotage, if a licensed pilot is offered,

Totage.

Fines appropriated.

Masters may be made to give security

except the constant coasting vessels to and from Charleston, and they shall pay half pilotage up, if a pilot is offered without the bar, if they take no pilot, and whole pilotage if they take one, any law, custom, or usage to the contrary notwithstanding; but vessels coasting from one port to another within the state, shall not be liable to pay pilotage, unless a pilot is required to act on board.

14. Sec. XIV. All fines or parts of fines that may be recovered under this act, which shall not be awarded by the commissioners to the party complaining, shall go to the fund for improving the navigation of the port.

And whereas there have been instances of captains of vessels refusing to pay the pilots agreeable to rates, after getting to sea, in which case the said pilots have no remedy:

15. Sec. XV. Be it enacted, That the captains of such vessels as have no owner or consignee in the port, shall be obliged, if requested for the out- by the pilot acting on board, to give security for the faithful payment of the pilotage before said vessel leaves such port.

ward fees.

The general issue may be pleaded.

None but a

U. S. shall be

16. Sec. XVI. If any person or persons authorized to carry this act into execution, shall be sued or prosecuted for any matter or thing to be done in pursuance thereof, it shall and may be lawful for such person or persons to plead the general issue, and give this act and the special matter in evidence.

Sec. XVII. [Repeals all former acts respecting pilots and pilotage.]

An Act supplementary to the foregoing.-Passed December 12, 1815.
Vol. III. Pam. of 1815, p. 6.

17. Sec. I. It shall not be lawful for any person to be commiscitizen of the sioned as a pilot, but a citizen of the United States, and whose usual a pilot. residence has been therein, and who shall furnish good recommendation of his character, capability, and attachment to our government. 18. Sec. II. The compensation for outward pilotage shall be the same as inward, and that the sum of two dollars per day be allowed for each day, that any pilot may be detained on board of any vessel bound out, from head wind or other detention.

Pilots' compensation.

[The remaining two sections relate to Savannah exclusively.]

Note 1. The act of 1815, sec. 4, [Vol. III. 678.] appoints thirteen commissioners of pilotage, any seven of whom shall constitute a board, and "shall have full power to regulate the bar and river Savannah." The same act, sec. 3d, prohibits the appointment of any coloured person as a pilot for the bar of Tybee, The act of 1807, [Vol. II. 425.] gives, sec. 1, the commissioners of pilotage for the port of Savannah, power to place in Savannah river certain anchors, buoys, and chains, for the purpose of aiding vessels in their passage from Savannah to Five Fathom Hole. For the use of which, they are entitled (sec. 4,) to receive from all ships under two hundred ton, five dollars; on all above two hundred and not exceeding three hundred ton, ten dollars; and on all above three bun. dred ton, twelve dollars. And (sec. 2,) to displace, cut, break, alter, or destroy any of such anchors, buoys, &c. subjects the offender to a penalty of three han dred dollars, recoverable in any court having jurisdiction to that amount. And see Penal Laws, sec. 199. By the same act, (sec. 3,) if any vessel shall intentionally be suffered to sink in Šavannah river, between Ray's Hall and Cockspur Island, the owner, consigner, or captain shall be fined by the commissioners of pilotage for the port of Savannah not exceeding two thousand dollars, recovera ble in any court having jurisdiction to that amount; payable into the hands of the commissioners of pilotage for the purpose of clearing the river.

Note 2. The act of 1811, [Vol. III. 677.] repealing all former laws on the subject, appoints seven commissioners of pilotage, three of whom are to be a quorum, with power to nominate and license such pilots as they shall think fit and

competent to act as such; and to pass such legal and constitutional by-laws, rules, and regulations as they shall deem most advantageous for the safe pilotage of vessels bound to and from the port of Darien and Sapelo river. By the act of 1818 [Vol. III. 680.] the commissioners of pilotage for the port of Darien are empowered to place in the Alatama river certain anchors, buoys, and chains, for the purpose of aiding vessels in their passage from Darien to Doboy Sound, with the same penalty for molesting them as those in Savannah river; and for which all vessels arriving at Darien (except licensed coasters and drogers) shall pay three cents per ton.

Note 3. The act of congress of 1789, [1 Grayd. Digt. 280.] directs, sec. 4th, that all pilots in the United States shall be regulated in conformity with the laws of the states respectively, until further legislative provision shall be made by Congress.

SLAVES, PATROLS, AND FREE PERSONS OF
COLOUR.-1765.

Act for the establishing and regulating Patrols, and for preventing any Person from purchasing Provisions or any other commodities from, or selling such to any Slave, unless such Slave shall produce a Ticket from his or her Owner, Manager, or Employer.-Passed Nov. 18, 1765. Vol. I. 419.

Whereas it is absolutely necessary for the security of his majesty's subjects of this province, and for preventing the many dangers and inconveniences that may arise from the disorderly and unlawful meetings of negroes and other slaves within the same, that patrols should be established, under proper regulations, in such parts of the province where the militia is formed and settled: And whereas it is also proper to prevent dealing and trafficking with slaves :

sions to be

1. Sec. I. Be it enacted, That immediately from and after the Patrol divipassing of this act, every captain or commanding officer of a company designated of foot militia throughout this province is hereby authorized, empowered, and required, severally and respectively, to summons together his inferior officers, if any such there be; and they shall in concert subdivide and distinguish his company district into as many other convenient patrol divisions as they shall think most proper and consistent with the extent and situation of their general company district, and so as the riding over any such patrol division may not exceed twelve miles in extent, which said subdivided divisions, severally and respectively, shall thenceforth be the patrol divisions, unless the same shall be thought necessary to be altered by the officers as aforesaid, and wherein the owners of settled plantations, as well as Persons hable to patrol the other inhabitants of any such patrol division, as well alarm men duty. as others of horse and foot, between the age of sixteen and sixty years, shall be subject to the patrol duty* of that division, and shall either by themselves in person, or by others employed for that purpose, do their patrol duty regularly and successively according to the true intent and meaning of this act; and in case any captain or commanding officer shall omit or fail to subdivide and distinguish his company district in manner hereinbefore enjoined, or afterwards at Captains, &c. failing to any muster day, or within five days after such muster day, shall ne- comply with glect to prick off the several patrols as is hereinafter directed, that this section, then every such captain or commanding officer so failing shall re- five pounds. spectively be subject to and pay the penalty of five pounds sterling,

* Quer, as to students and officers of the university. See Seminaries, sec. 11.

shall forfeit

covered and

How to be re- to be recovered by warrant of distress under the hand and seal of any applied. justice of the peace for the parish where such offence shall be committed, and sale of the offender's goods; and which sum shall be paid to the commissioners of the roads within such parish, and be by them applied towards repairing the bridges and causeways within the same; Certified co- and that the owners of settled plantations and inhabitants within each pies of patrol divisions to company district may the better know to what patrol division they be set up at severally belong, the captains and commanding officers as aforesaid, public places. shall, within ten days after making out the same, cause copies thereof, signed by them, to be affixed at the church and meeting-house doors, or other public places, in their several districts, and shall cause another copy thereof to be entered in a book by the clerk of their company, that any person concerned may from time to time have recourse to the same. And as all persons, as well women as men, who are or inay be owners of settled plantations in any parish or district, ought in justice to contribute to the service and security of such parish or district, Be it therefore enacted, That the captains or commanding special patrol officers of each company of foot militia shall in their districts make out, and keep from time to time, a special patrol list for every subdivided and distinct patrol division, in which list shall be inserted the names of all owners of settled plantations being within the same, as well women as men, and as well alarm men as others, as also the names of all the male white inhabitants. Provided, that every person having several plantations settled in this province shall not be subject to, or obliged to do patrol duty in those divisions where such plantations lie other than in such, in which he or she shall usually reside: Provided also, that the masters and employers of all white male servants, who by this act are obliged to do patrol duty, shall, and they are hereby directed and obliged, to furnish such servants with a horse and furniture for such service, and that under the penalty of one pound, to be recovered and applied in like manner as the penalties on captains or commanding officers in this act before mentioned.

Captains
shall keep a

list for each
division.
of whom
composed.

Proviso.

Proviso.

Patrol duty to be performed in furus.

Not exceed ing ten per pricked off

sons to be

for patrol du

ty each muster day.

Who may provide substitutes.

2. Sec. II. All persons, male or female, whose names shall be enlisted as aforesaid, shall be liable to perform the patrol duty of their respective divisions, severally, successively, and in turns; and on every muster day, the captains or commanding officers of the several companies of foot militia shall, out of every patrol list made out as aforesaid, prick off the names of any number not exceeding ten per sons, as well women as men, inhabitants and owners of, and residing upon plantations as aforesaid, all of whom shall, by themselves or others employed and provided for that purpose, severally and respectively do and perform the patrol duty herein directed, from such muster day until the next ensuing muster day, regularly, equally, and successively, the said captains or commanding officers as aforesaid, always choosing, and they are hereby directed to choose the nearest set of inhabitants set down in the patrol list as aforesaid; to do the duty together, that they may be enabled to meet and assemble with the better conveniency and expedition: Provided always, that it shall and may be lawful for any persons liable to do and perform the patrol duty prescribed by this act, and who may not choose to do duty in person, to employ a sufficient person to do, perform, and undertake such duty on his, her, or their behalf, when their names shall be pricked off as aforesaid. [The rest of this section superseded by act of 1806. See sec. 52.]

Sec. III. [Respecting patrols in Savannah, repealed by act of 1305, establishing a city watch. Vol. II. 243.]

FREE PERSONS OF COLOUR.—1765:

patrols, how

patrols.

viour, not ex

3. Sec. IV. The captain or commanding officer of every company Captains of shall have power in their several districts, from time to time, to ap- appointed. from the among persons so pricked point one good and discreet person off to do patrol duty as aforesaid to be their commander, as soon as their names shall be so pricked off as aforesaid ;*-and that the com- Powers of mander of every patrol may have the better authority to keep them captains of in good order and demeanour during their time and term of duty, it May fine for shall and may be lawful to and for every such patrol commander, and misbeha they are hereby directed, empowered, and required, on any default ceeding tea or misbehaviour or neglect of duty, of any patrol man, to inflict a fine shillings. upon him not exceeding the sum of ten shillings sterling, for the use of the patrols respectively, in which such neglect, default, or misbehaviour, shall be committed, to be levied by distress and sale of the How collectoffender's goods, by virtue of a warrant for that purpose, directed to the constable of the district, or sergeant of such company, under the hand and seal of the captain or commander of the company from which such patrol, where such neglect, default, or misdemeanour may happen or be committed, shall be pricked off, which constable, or sergeant, shall be obliged, and are hereby severally authorized and empowered to execute the same, and shall be allowed for execu- Fees of ser ting the warrant the sum of one shilling, and milage as is hereinbe- geants, &t. fore directed ; and every constable, or sergeant, refusing and neg- May be fined lecting to serve such warrant directed to him, shall be liable to a fine neglect not exceeding the sum of forty shillings sterling.

And that the said patrols may be the better able to suppress any mischievous designs of negroes, and other slaves, during their time of service,

ed.

40 shillings for

duty.

dient to offi

cers, under

shillings.

to be armed, 4. Sec. V. It is hereby further enacted, That every person pricked Patrols, how under penaloff or appointed, or undertaking as a proxy for any other person liable und lings. to serve in the said patrol in pursuance of, or by virtue of this act, ty of ten shilshall provide for himself, and keep always in readiness, and carry with him on his patrol service, one good gun or pistol in order, with six cartridges suitable for such gun or pistol, and one good cutlass, under the penalty of a sum not exceeding ten shillings, for want of any such arms or ammunition, at such times and places as they shall be appointed by their respective commanders, in their several divisions, to whose orders they shall on all occasions be respectively obe- Must be obedient during their time of service, on pain of incurring a fine not exceeding twenty shillings, to be levied by warrant under the hand and penalty of 20 from which seal of the captain or commanding officer of the company such patrols shall be pricked off, as is hereinbefore mentioned. 5. Sec. VI. Every patrol shall go to, and examine the several Shall ride at plantations in their divisions at such times as they in their discretion night in fourshall see fit, one night in fourteen at least, and may and shall take up may corall slaves which they shall see without the fences or cleared ground of rect slaves. their owners' plantations, who have not a ticket or letter, or other token, to show the reasonableness of their absence, or who have not in company to give an account of his, her, or their some white person business; and such patrol may correct every such slave or slaves by whipping with a switch, whip, or cowskin, not exceeding twenty and on lashes. And the said patrols shall have full power to search and ex- Shall search amine all negro houses for offensive weapons and ammunition,

For penalty on the captains of patrols for refusal or neglect, see sec. 52.
Two pence per mile is the fee allowed in the second section of this act,
As to illegally whipping slaves, see Penal Laws, sec. 236.

least one

teen,

for offensive weapons.

fugitive

slaves.

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finding any such, contrary to the before-recited act, shall proceed as therein directed; and if any patrol shall see any fugitive slave, or slaves, Harbouring endeavouring to avoid them by hiding or running into, or shall hear of any such being harboured in any dwelling-house of a white person, the commander shall ask leave of the owner of the said dwelling house, or of some white person then there, to search for, examine, and apprehend the said fugitive slave, or that the said owner should deliver up said slave or slaves; and in case the said owner or other white person so entreated, shall refuse to deliver up such fugitive slave or slaves, or to suffer search to be made for them, the said patrol, or any other white person, having seen such slaves enter, such person so refusing, shall forfeit the sum of five pounds for every such offence. [And see Penal Laws, sec. 234.] Sec. VII. [Never took effect. See Vol. I. 424.]

Drunkenness

wol duty.

And whereas, many irregularities may arise by patrols drinking too much liquor before or during the time of their being on duty:

6. Sec. VIII. Be it further enacted, That any person whatever, while on pa- who shall be drunk during the time of his service on the patrol, shall be subject to the penalty of a sum not exceeding ten shillings, to be recovered by warrant from any justice of the peace, upon oath first made thereof, the same to be applied to the use of the highways in the respective districts where the offence shall happen. Sec. IX. [See sec. VII. of this act.]

Bield officers tend the exe

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And for better enforcing the performance of the several duties required by this act,

7. Sec. XI. Be it enacted, That the field officers of each respective te superio regiment of foot militia within this province, or any of them, shall be, cation of this and they are hereby directed and empowered to give such directions and orders from time to time to the several captains and other officers commanding companies in the regiments to which such field officers belong, as they shall judge necessary for the more effectually doing and performing the several duties by this act required by them to be done and performed, and on failure thereof by the said several cap. tains and officers commanding companies aforesaid, the said field officers, or any of them, are hereby directed and enjoined to cause the several fines and penalties mentioned in this act to be strictly levied, and applied in the manner hereinbefore mentioned.

this act may

neral issue.

Persons sued 8. Sec. XII. If any captain or other officer, constable, patrol for executing man, or other person, shall be sued, arrested, or impleaded, for any plead the ge- matter or thing which he shall do, or cause to be done, by virtue of or in pursuance of this act, it shall and may be lawful for every such captain or other officer, constable, patrol man, or other person, to plead the general issue, and give this act, and the special matter in evidence on the trial; and if a verdict shall pass against the plaintiff or plaintiffs, or that such plaintiff or plaintiffs shall suffer a nonsuit, or discontinue of his or their action or suit, then and in every such case, the court where such action shall be depending, shall tax and allow to the defendant his or their double costs in every such suit or action.

* This act never went into effect, the king having withheld his approbation. See Vol. I. 424. For the title, ibid. 423.

In this and several other instances, the sections in Mar. and Crawf. Digest, are not numbered correctly. The first section in this act should have been in two, and of consequence, the 9th should have been the 10th. But I adopt them as I find them, to avoid confusion.

This act was originally temporary, but see Laws. sec. 1.

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