The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-19
UNITED STATES DISTRICT COURT.
Before Hon. Judge Belts.


TtoIAGE-rEyAiTy FOR RErrsu--srAR LAW.
Dec 1S-7NoMas Leich TIE steamer George Ldiu.--
liant pilot duly licensed and qualified, according 10
the laws Of the State OF New Jersey and the statutes OF
the United States 10 pilot vessels 10 and from the port Of
New York by way OF Sandy Hook that being then on
board the pilot boat Thomas H. Smith, upon the high seas,
and within the admiralty and maritime jurisdiction OF
this Court about eight miles Barnegat, seein the said
steamship George Law Sailing under regster) APP
preaching, drawing thirteen feet Of water, and bound To
the port Of New York, said steamship not having been
before thar time spoken by licensed pilot, he imnedi
atey spoke said steamship and offered her master his
services pilot 10 pilot said steamship into the port of
New York the master of said steamship might di-
rect, which offer and services aforesaid tho master
refused and that thereby the beant became entitled,
by law, to demand and receive from the master
and owner Of said ship the sum OF $50 50 that nei-
Their the master Of said ship has paid that
sum, but II yet remains, though often demanded,
due and unpaid Wherefore the libelant prayed pro.
attachment against the ship, The owner Of
the ship interviewed IN the cause, and fled his exceptve
allegations TO the libel J. That the libel and the matters
therein set forth not sufficient III law to constitute
lien upon the chip That the libel does not state any
service rendered 70 the ship which constitutes lien And
g. That the libel claims penalty, and that the claim is
not wathin the jurisdiction OF the Court.
Rxrs !Congress has not enacted specific regulations
governing the subject Of roage into or ont OF the United
States. In this the lbellant pilot, licensed
cording TO the laws Of the State of New Jersey, and
grave question might perhaps arise whether his prvi-
leges and rights under that license to be determined
in this by the laws Of that State those Of New
York, the libel does that the right he up
here gwen him by the OF both States the
cson will be placed in this instance upon other consdera
tops and that point will not enter the Judgment
dered. II would seem manifest that Congress, in the
enacments referred to- contemplated nothing beyond the
official dongs and Liabilities OF pilots as subjects of
regulation by State laws, which were to be adopted
enforced by the authority OF the federal govern
men II is declared that GO all pilots in the ports of
the United States shall continue 10 be regulated in
conformity with tho existing laws the States rcspec
lively wherein such pilots shall be-" Pilots, public
officers, and the acts of pilots professionally admitted
to be governed by the regulations Of state laws until Con
gress shall itself egsate further upon the matter. Sub
sdary provisions in State laws which tend to the advan
age of pilots in the enjoyment Of their Offices, would not
seem to be necessarily regulations of the Offices them
selves Of the ncumDents OF the Offices they might
Their they purport 10 be in the laws OF the State in
question: (Ac Of April g. 1857 and OF February 10, 1879
20 be mucts and penalties inflicted upon third par
ties for acts or omissions in derogaon of the policy of the
laws themselves The allowance made by the state law
Is not the piloage-it is remuneration exacted from
masters and owners Of vessels personally because p
otage service IL refused by them that way the
reward the officer would be entitled compensation
for his preparing ana offering himself to the perform
ance Of this Duty withheld and thus provision Of
law highly important TO the public interests OF trade and
navigation IS frustrated is not necessary 10 consider
whether IL be competent to the Legislature TO impose this
charge lien vessels. IL is made such by positive
law, and II does not become such oy the marine law The
decision Of the Supreme Court III How. 299) upon
the doctrine that the state laws regulations of the
subject of piloage and OF the and of
vessels in their transactions relation 10 poage and
where referred 10 as affecting the vessels The
liability of the masters and owners in this inulct for
personal delinquency would no way Impose liability upon
the vessel 10 satisfy their obligation MS the law does
not impose the obligation the ship, action can be
maintained IN to recover the demand Besides this
libel is ~ personam only II does not charge liability OF
the ship TO the claim, and although process and
decree against her therefor there is of lien
which would enttle the bellant TO take decree con
domination of the ship The cxceptve allegations the
suceicy OF the libel and the right OF action against the
ship upon the averments OF the libel therefore
allowed, acd the libel is decreed dismissed with