damaged, or arriving at said port in distress, the sum of five dollars; and for each and every certificate given in consequence thereof, the sum of two dollars and fifty cents; and for each valuation on measurement of any vessel, the sum of ten dollars; and the compensation and emoluments of said. office shall be divided equally among the said five commissioners composing the board. 2482. (1312.) Board to receive percentage on pilotage. Ib., Sec. 5. The said board of commissioners shall receive, annually, from each pilot one per cent on the gross amount of pilotage earned by said pilot during each year, to be paid by each pilot at such times and in such manner as the said board of commissioners shall prescribe, and this one per cent of pilotage shall be in lieu of all other fees and compensation now paid to said board of commissioners by any pilot into any port into which come annually one hundred vessels of five hundred tons burden and upwards. 2483. (1313.) Board to keep accounts.-The said board Sec. 7. of commissioners shall keep a full and accurate account of all their receipts and expenditures, and transmit to the Comptroller a true copy thereof annually, on the first Monday in January of each year, and which copy shall be verified by the oaths of the president and secretary of said boards; and each commissioner shall append to such account an affidavit that he has not taken or received any moneys or goods as presents, directly or indirectly, for services as commissioner, except the legal fees. (Penalty for unlawful personating pilot commissioner, see Sec. 5760.) (Penalty for piloting without license, see Sec. 5762.) (Penalty for piloting in unregistered vessel, see Sec. 5763.) (Penalty for piloting in certain ports on boats under 20 tons; see Sec. 5764.) (Penalty for obstructing or resisting harbor master, see Sec. 5766.) CHAPTER L. REGULATE THE KIND AND SIZE OF BOATS TO BE USED BY THE BAR PILOTS. 2484. (1314.) Steam pilot boats.-The bar pilots for those ports of this State from which there were cleared, during the Ib., Sec. 2. Ib.. Sec. 3. Ib.. Sec. 5 year ending December 31st, 1902, or from which shall clear in any year hereafter beginning January 1st and ending December 31st, for foreign ports, not less than one hundred and fifty steam vessels, which loaded with their entire cargo in the ports from which they cleared, shall be required to carry on their business as such pilots in steam vessels of not less than fifty tons burden. 2485. (1315.) Other pilot boats.-The bar pilots of all other ports of this State shall carry on their business as such pilots in steam or sail vessels of such tonnage or sizes as the board of pilot commissioners for such ports respectively may deem suitable for such business, and shall license therefor. 2486. (1316.) Register with pilot commissioners.-Before any pilot boat shall be used in the business of piloting. her tonnage and class, and the name of the managing owner thereof, shall be registered with the board of pilot commissioners of the port where she is to engage in such business, in a book to be kept for that purpose; and, on such registration she shall be numbered, and by such number licensed for the business of piloting on the bar of such port. And the Board of Pilot Commissioners shall be entitled to a fee of ten dollars for every vessel so registered. 2487. (1317.) License surrendered in certain cases.— Whenever a vessel so registered and licensed shall cease to be employed in the business of piloting for the port where she is registered, her managing owner shall, within ten days thereafter, notify the pilot commissioners of such port and surrender to them her license, and she shall not thereafter be used as a pilot boat for such port, unless re-registered and licensed. CHAPTER LI. Ch. 5227, Acts 1903. Sec. 1. PILOTS MAY INCORPORATE THEMSELVES. 2488. (1318.) Pilots may incorporate themselves.-Any three (3) or more full branch bar pilots for any port of this State may incorporate themselves in the manner and with the rights and liabilities hereinafter prescribed. An agreement amongst pilots to associate together for their business is not illegal. Jones v Fell, Executor, 5 Fla. 510. 2489. (1319.) Incorporation provisions.-All the provi- Ib., Sec. 2. sions of the laws of Florida relating to the incorporation of any other corporation shall be followed in the procurement of letters patent for such corporations. 2490. (1320.) By-laws; stockholders to be pilots.-The Ib., Sec. 3 said stockholders of such corporation shall have the power to provide, by by-laws or by means of an agreement made preliminary to their application for a charter, that the stockholders shall consist only of pilots duly licensed to be such in and for the port of which they are incorporated; that each stockholder shall, except as provided by by-laws, devote his time and skill to the corporation, and not enter into competition therewith under penalties to be fixed by the corporation; that the fees and earnings accruing to each stockholder as a pilot shall belong to and be collected by the corporation; that the shares of stock shall not be transferable except to the corporation, or to a duly licensed pilot of the port, with the consent of the corporation; that upon the death of any stockholder, his stock shall belong to the corporation at such price and on such terms as may be provided in the by-laws; that when any stockholder shall cease to be an active pilot of the port for which he is licensed, his share of stock shall draw only twothirds of the dividends of earnings drawn by the shares held by stockholders who are active pilots of the port; that any stockholder who has not become a retired pilot, but who does not engage actively in piloting for the port, but shall perform other services for the corporation, shall receive earnings or dividends upon his share of stock in pursuance of such agreement as may be made between him and the corporation at the time his stock is issued to him, or at any time thereafter; that no stockholder shall mortgage, hypothecate or pledge his stock without the consent of the corporation. When under a charter of a pilot association the stock held by a dying member vests in the corporation at a valuation fixed in its by-laws, it is no defense to an action by his personal representative for this value, that the deceased member had by his conduct rendered himself liable to a forfeiture of certain dividends, no claim for dividends being asserted. Pensacola Pilot Ass'n v Stearns, 67 Fla. 279, 64 So. 942. 2491. (1321.) Corporation not responsible for loss in cer- b., Sec. 4. tain cases. All the rights, powers and liabilities conferred or imposed by the laws of Florida relating to corporations for profit, shall apply to corporations organized under this chapter, except so far as inconsistent with the terms hereof or with the by-laws made in pursuance of the authority conferred by this chapter. The corporation, however, shall not. be responsible for any loss or damage accruing by any vessel through the negligence of any stock-holding pilot, but such stockholder shall be individually liable to the same extent as if he were not a stockholder. CHAPTER LII. HARBOR MASTERS. ARTICLE. I. Ch. 3806, HARBOR MASTERS FOR PORTS GENERAL. 2492. (1322.) Appointment and removal of harbor masSecs. 1 and 4; ters.-The Governor shall appoint, by and with the consent Ch. 5223, Acts 1903, Sec. 1. Ch. 3602, Acts 1885. Ibid. Ch. 5223, Acts 1903, of the Senate, all harbor masters required for the several ports of this State. They shall hold their offices for the term of two years, unless sooner removed. The Governor may make such appointment or fill any vacancy in such office, between the sessions of the Legislature, by appointment ad interim. Such harbor masters shall be ex-officio members of the board of port wardens and pilot commissioners for their respective ports. Any harbor master may be removed for neglect or breach of duty. 2493. (1323.) Bond.-Every harbor master appointed for any port shall give an approved bond in the sum of five hundred dollars, payable to the Governor of the State, for the faithful performance of his duty, such bond to be approved by the county commissioners of the county in which the port is situated, and by the Comptroller, and to be filed with the Secretary of State. 2494. (1324.) Deputies.-Each harbor master may appoint as many deputies as he shall require for the needs of his port, such deputies to be paid by such harbor master. 2495. (1325.) Duties and fees.-It shall be the duty of every master of any vessel arriving at the ports in this State to report to the harbor master for a station, or for a berth at the wharves, and the harbor master shall regulate and station or assign berths at the wharves to said vessel; and it shall be the duty of the harbor master to remove or cause to be re moved, from time to time, all vessels not employed in receiving or discharging their cargoes to make room for such others as require to be more immediately accommodated for the purpose of receiving and discharging their cargoes, and to facilitate their dispatch. It shall be the duty of said harbor masters to be present at all times, either in person or by deputy, to facilitate by stationing or assigning berths at the wharves to vessels arriving at the port, and to facilitate them in discharging and receiving their cargoes and to prevent confusion and delay. And the said harbor masters shall have full and absolute power to determine how far and in what instance it is the duty of masters, and others having charge of vessels, to accommodate each other in their respective situations. 2496. (1326.) Compensation.-Harbor masters respec- Ibid. tively shall receive from the master, owner or consignee of vessels coming into the port for which he is appointed as aforesaid for the services rendered by himself or his deputy, under the provisions of this section, not exceeding the sum of twenty dollars for each vessel, according to the amount and value of the services rendered. (Penalty for obstructing or resisting harbor master, see Sec. 5766.) ARTICLE 2. HARBOR MASTERS FOR CERTAIN SPECIFIED PORTS. Acts 1887, 2497. (1327.) Appointment.-The Governor shall ap- Ch. 3753 point, by and with the advice and consent of the Senate, one harbor master for each port in the State of Florida, into which have come, during the past five years, vessels of five hundred tons burden and upwards, at the average rate of not less than two hundred and fifty vessels per year, according to the records of the United States customs house at or nearest the port for which such appointment shall be made. 2498. (1328.) Bond.-Each harbor master so appointed 1b., Sec. 2. shall enter into a bond in the penal sum of two thousand dollars, with two or more sureties, payable to the Governor of the State of Florida and his successors in office, conditioned for the faithful discharge of the duties of his office, |