Board of ex

renewed by

absent more than one year, the said privileges and rights of action shall be completely extinguished. Sec. 2711. The governor shall renew the board of examiners, aminers, to be and they shall be continued in office at his discretion and remov- governor. able at pleasure, the said board of examiners being subject to all Continued in the penalties, and possessed of all privileges enumerated in that discretion of portion of this act relative to pilots.

RELATIVE TO PILOTS FOR THE ATCHAFALAYA BAY AND RIVER.

office at the

the governor.

to be appoint

Sec. 2712. It shall be the duty of the governor of the State of Louisiana to appoint for the Atchafalaya bay and river such num- Branch pilots ber of branch pilots as the interests of commerce may demand, ed by the govand from time to time to increase the same, should an increase be ernor. deemed important by him; Provided, That no person shall be appointed until he shall have been examined by the board of Certificate of examiners of said pilots, and shall exhibit to the governor a cer- be furnished tificate of competency signed by a majority of said board.

Act 1858, p. 69.

competency to

by them.

acting as pilot

cases.

Sec. 2713. Any person or persons not appointed as a branch pilot under the provisions of this act, who shall pilot any ship or Penalty for vessel, when a branch pilot offers his services, shall pay to said in certain branch pilot a fine of thirty dollars for each and every offense, and in default of such payment, such person or persons shall be imprisoned in the parish prison of the parish of St. Mary not less than ten days, nor more than thirty days, and the fine of thirty dollars hereby inflicted shall be and remain as a judgment against the person or persons so offending, until full and final payment, recoverable before any court of competent jurisdiction in the parish of St. Mary.

who

from sea to pi

Sec. 2714. Any pilot piloting any vessel safe from sen, shall have the exclusive right to pilot such vessel outward; Provided, Right of the He shall be in readiness, and offer his services before said vessel pilots a vessel gets below Deer Island, on the Atchafalaya river, and the cap- lot her outtain or owner of any such vessel refusing to employ such pilot as ward. aforesaid, shall pay to the said pilot the same rate of pilotage as though said pilot had piloted said vessel outward.

Sec. 2715. The governor may, in his discretion, suspend or Power of govremove any branch pilot of said station.

ernor to remove or sus

Provisions of

Sec. 2716. All the provisions of this act shall be enforced pend pilots. before any court within the parish of St. Mary, having competent this act, where jurisdiction of the subject matter.

enforced.

river.

Sec. 2717. Every branch pilot for the Atchafalaya bay and Pilots for the river shall be the owner or part owner of at least one decked Atchafalaya pilot boat, of not less than thirty tons' burden, and shall keep her Violation. exclusively employed as a pilot boat. The violation of this section shall subject the offender to a penalty of fifty dollars for each offense.

Act 1865, p. 162.

Sec. 2718. It shall be the duty of the pilots to pilot, when

age for Atcha

falaya.

Rates of pilot- required, all inward bound vessels from outside of what is commonly called "the Point of the Main Reef" to the mouth of the Atchafalaya river, and all outward bound vessels from the mouth of said river to the outside of said reef; and the pilots shall be entitled to demand and receive four dollars and fifty cents per foot that any vessel may draw under ten feet of water. All vessels refusing a pilot, other than those within the State of Louisi ana, shall pay half pilotage both inward and outward bound; Provided, They shall be spoken by a branch pilot, when inward bound, outside of the reef, and all outward bound vessels between Berwick's bay and the mouth of the Atchafalaya river.

Provided.

Manner in which ballast shall be discharged from

TO PREVENT OBSTRUCTIONS TO THE NAVIGATION OF THE
ATCHAFALAYA BAY, AND RIVER.

Sec. 2719. Each and every vessel arriving in the Atchafalays bay in less than five fathoms of water, having ballast on board, the master or commander of such vessel shall not discharge any certain vessels. portion of said ballast into said bay, nor into water near said bay having a depth of less than five fathoms, and said masters or com manders shall be compelled to discharge the ballast of such vessels at such place or places as shall be designated to them, by the persons who shall hereinafter be appointed to superintend the discharging of the ballast from on board all vessels that may come into the waters of said bay; and any master, captain or owner of Penalty for vi- any vessel who shall violate the foregoing provisions as to the ing provisions. manner of discharging ballast, shall be punished by a fine not exceeding five hundred dollars and not less than two hundred dol

olating forego

each to be bal

lars.

Act 1856, p. 168.

Sec. 2720. Each of the branch pilots of the Atchafalaya bay Branch pilots and river, and his successor in office shall be ex officio a ballast last masters. master, whose duty it shall be to carry into effect the provisions of this act, in relation to the discharging of ballast in the waters of said bay and river; and should either of said pilots refuse or Their duties. neglect to perform the services imposed on him by the provisions of this act, he may be prosecuted every time he may so offend, as for a misdemeanor, and shall be punished by a fine not exceeding two hundred and not less than one hundred dollars.

Penalty for neglect of duty.

Branch pilots

to determine the place

where vessels

must receive

cargo and dis

charge ballast.

lots.

Sec. 2721. All of the branch pilots, or a majority of them, shall determine upon a suitable place or places, where all vessels which may hereafter receive their cargoes or a part of them in said bay, shall be required to discharge their ballast, and said pilots shall mark out by stakes the place or places which they may select for such purpose.

Sec. 2722. Hereafter every sailing vessel coming in from sea to Duties of pl- said bay, for the purpose of receiving her cargo or part of it, in said bay, shall take one of said pilots on board when he offers his services outside of the reefs; it shall be the duty of said pilot to examine whether said vessel has any ballast on board of her, and when ballast shall be found in said vessel, she shall be conducted

by said pilot to the place selected for the discharging of ballast, where the captain or master of said vessel must discharge his ballast, but if such vessel has no ballast on board she shall be conducted by said pilot to the usual anchorage, and for the performance of said services of piloting and as ballast master, said pilot shall be paid by the captain or master of said vessel, a compensa- Compensation tion of two dollars per foot, for every foot such vessel may draw at the time when she was boarded by said pilot.

of pilots.

to be discharg

Sec. 2723. All vessels which may hereafter come into said bay, with the intention and do actually go into the Atchafalaya river, Ballast, where shall not be required to discharge their ballast in said bay, but ed. must discharge their ballast on the banks of said river, or on the banks of some of the bayous connected with said river; but should any of the captains or masters of such vessels, in contravention of the provisions of this act, discharge the ballast of such vessels in the bed of said river or in the waters of said bay, having a depth of less than five fathoms, such captain or master shall be fined in a sum not more than five hundred, nor less than two hundred dollars.

Penalty.

persons violations of this

Sec. 2724. Whenever any person shall make complaint under oath to any justice of the peace, that the captain, master or owner Legal proceedof any vessel, or that some one of said pilots has violated any of ings against the provisions of this act, relative to pilots, which are declared to ing the provisbe punishable by fine, it shall be the duty of said justice of the act. peace to cause the person thus complained of to be brought before him by legal process, and should the officer be satisfied, from the evidence, that there is a probable cause of said complaint, said justice of the peace shall take a bond, with good security from said accused person, in the sum of six hundred dollars, for his appearance at the next regular term of the district court of the parish where the offense may be committed, and should said accused party refuse or neglect, or fail from any cause whatsoever to give such a bond, then it shall be the duty of said justice of the peace to commit said accused to the parish prison to be detained therein until discharged by due course of law.

disposed of.

Sec. 2725. All fines and forfeitures arising from the administration of the penal clauses of this act, so far as it relates to Fines, how pilots, after deducting the fees of district attorney, be paid into the treasury of the parish where the offense may be committed, for the use and benefit of said parish.

D. Sec. 1070, 1508.

Sec. 2726. The police juries of the several parishes of this State (the parishes of Orleans and Jefferson excepted) shall have Police jury the power, by consent of a majority of all the members compos- wards. ing each police jury, to establish police jury wards, and to change the boundaries of those now existing in their respective parishes.

Act 1847, p. 116, § 1.