ARTICLE XXI—OF PILOTS AND BOARDING OFFICERS—THEIR DUTIES AND COMPENSATION.

 

§591.  The Minister of Finance, upon the nomination of the Collector-General of Customs, shall appoint one or more pilots, for each of the ports of Honolulu, Hilo, and Hanalei, to hold office during the pleasure of said Minister.  Said pilots, in case of sickness, or temporary absence, may, with the approval of the collector of the port, appoint deputies to act in their behalf, for whose conduct they shall be responsible.

 

§592.  Each of the plots for Honolulu shall give a bond to the Collector-General of Customs, with sureties to be approved by said Collector-General, in the penal sum of five thousand dollars; and the pilots for other ports shall give a like bond, in the penal sum of one thousand dollars; which bond shall be conditioned that the pilot shall faithfully perform all the duties imposed upon him by law; that he will not countenance any evasion or infraction of the revenue laws; and that he will continually hold himself in readiness to conduct vessels safely into, and out of, the port for which he is appointed.

 

§593.  In case of a breach of the condition of any such bond, the Collector-General of Customs; or any person injured thereby, may institute a suit upon such bond before any judge of a court of record, and thereupon recover such damages as shall be assessed with costs of suit, for which execution may issue in favor of such person; and in case the party prosecuting shall ail to recover in the suit, judgment may be rendered, and execution may issue for costs in favor of the defendant against the party who shall have instituted the suit.  Every suit on any such bond shall be commenced within one year after the right of action shall have accrued and not afterwards.

 

§594.  Upon the arrival of any vessel, making the usual marine signal for a pilot, it shall be the duty of the plot or plots at the port, to immediately put off to such vessel, taking with him a white and a yellow flag, to enqire into the sanitary condition of the ship, and the health of those on board; and upon being assured to his satisfaction that there is no danger to be apprehended from any contagious disease, he shall board such vessel, but not otherwise.

 

§595.  Upon boarding the vessel, the pilot shall present the commanding officer with a health certificate to be signed by him, and in case the same shall be signed, the white flag shall be immediately hoisted at the main, and the pilot shall be at liberty to bring the vessel into port; but in case the commanding officer shall decline to sign the certificate of health, the pilot shall deliver him a yellow flag, which the master shall hoist at the main, and the vessel shall be placed in quarantine outside of the harbor, and anchored where the pilot may direct.  Any pilot who shall conduct a vessel into any port in this Kingdom, in violation of the provisions of this section, or any of the regulations of the Board of Health, or knowing that there is just ground to suspect the existence of contagion on board, shall be liable to a fine not exceeding five hundred dollars; and every vessel, the master of which shall have declined to sign a certificate of health, as above prescribed, shall, upon entering port, be liable to seizure, confiscation and sale.

 

§596.  If the pilot, after boarding any vessel, shall discover the existence of a contagious disease, he shall not return on shore; neither shall it be lawful for any of the ship’s company or passengers to land, or communicate with the shore, or board any other vessel, without permission of the Board of Health, or the collector, under a penalty of a fine not exceeding five hundred dollars.

 

§597.  The pilots of Honolulu shall bring the vessel which they may take charge of fully within the harbor, (within the iner buoy unless otherwise directed by the harbor-master) and anchor her in a suitable and convenient place, under penalty of forfeiting their commissions.

 

§598.  No pilot shall take out any vessel that may be under attachment or arrest, by virtue of any process, nor before she has obtained her clearance, under penalty of forfeiting his commission, and paying a fine not exceeding one thousand dollars.

 

§599.  The compensation of the pilots shall be as follows:  One dollar per foot upon the vessel’s draft, coming into port, and the same going out of port; for anchoring any vessel off the port of Honolulu, provided the pilot be not detained on board longer than twenty-four hours, ten dollars; and if detained longer than twenty-four hours, five dollars per day for such detention.

 

TO FIX THE COMPENSATION OF PILOTS AT THE PORT OF HONOLULU.

 

Section 1.  The compensation of the pilots at the port of Honolulu shall be as follows:  One dollar and fifty cents per foot on the vessel’s draft coming into port, and the same for going out of port, for ships of war, mail steamers, and all vessels under two hundred tons register; five cents per ton registered measurement for all vessels not above included, either for bringing into or taking out of port; provided, however,  that the total charge shall not exceed fifty dollars for pilotage either in or out: for anchoring any vessel off the port of Honolulu, fifteen dollars, provided the pilot be not detained on board longer than twenty-four hours, and for all detention on board beyond that time, seven dollars per day; but vessels that come in after having been anchored off the port by the pilot, shall not pay more than ten dollars in addition to the regular charge for bringing such vessel into or taking her out of port.

 

Section 2.  This act shall take effect and become a law from and after the date of its approval, and all laws or parts of laws opposed to or inconsistent herewith are hereby repealed.

 

TO FIX THE COMPENSATION OF PILOTS AT THE PORTS OF KAHULUI, MAUI, AND HILO, HAWAI`I.

 

Section 1.  The compensation of the pilots at the ports of Kahului, Maui, and Hilo, Hawai`i, shall be as follows:  One dollar and fifty cents per foot on the vessel’s draft coming into port, and the same for going out of port.  For anchoring any vessel off the said ports of Kahului and Hilo, ten dollars; provided that the pilot be not detained on board longer than twenty-four hours, and for all detention on board beyond that time five dollars per day.

 

Section 2.  This Act shall take effect and become a law from and after the date of its publication, and all laws and parts of laws inconsistent herewith are hereby repealed.

 

§600.  If any foreign vessel, or Hawaiian vessel, engaged in foreign trade, shall enter or depart from any of the ports for which pilots may be appointed, without a pilot, such vessel shall be liable to one-half pilotage.

 

§601.  The pilot’s fees and the health fees shall form a part of the port charges, which shall be paid by every vessel to the collector of he port, and no collector shall grant a clearance to said vessel until such fees are aid.

 

§602.  There shall be appointed in like manner as the pilots, at each of the ports of Lahaina, Kealakeakua, Kawaihae and Koloa, an officer to be called a boarding officer, whose duty it shall be to board every foreign vessel, and every Hawaiian vessel coming from a foreign port, as soon as possible after its arrival; obtain the health certificate; deliver the printed port regulations to the commanding officer; receive the list of passengers to be delivered at the collector’s office; and at all times hold himself in readiness to act as pilot when required.  It shall also be his duty to report to the proper authorities, all violations, or suspected violations, of the revenue or harbor laws.

 

§603.  Previous to entering upon his duties, every boarding officer shall give to the Collector-General a bond in the penalty of five hundred dollars, with satisfactory surety, conditioned that he will faithfully and honestly perform all the duties imposed upon him by law; that he will not countenance any evasion or infraction of the revenue laws; and that he will give notice to the proper authorities of all violations, or suspected violations, of the revenue or harbor laws, that may come to his knowledge.

 

§604.  Every boarding officer shall be entitled to receive from each vessel boarded by him, the sum of five dollars, (which shall include pilotage when required, which shall be paid to the collector of the port, before the vessel shall be entitled to receive a clearance.

 

TO AUTHORIZE THE LEVY OF LIGHT DUES.

 

Section 1.  There shall be levied upon all vessels arriving from abroad, at any port of this Kingdom where a light house may be established, the sum of three dollars, which shall be paid before departure to the Collector of Customs.

 

Section 2.  All vessels engaged in the coasting trade shall pay ten cents per ton as light money, in consideration of which they shall be entitled to visit all ports where light houses may be established, for the term of one year, without further charge.

 

 

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