1 Daly 176 | New York Court of Common Pleas | 1861
By the Court.
The plaintiff is a pilot duly licensed under the laws of the State of New Jersey. It appears
This act, as its title indicates, provides for the licensing of pilots of the port of New York, and prescribes rules for their government and regulation. To this end it established a “ Board of Commissioners of Pilots,” vesting it with power to license as pilots such persons as may be found, on examination, duly qualified ; to make certain rules for their regulation, and with authority to revoke or annul the license for intoxication or misconduct of the pilot while on duty, &c. But it is prohibited from granting a license to any person holding an authority to act as pilot from or under the laws of any other State. See 2 R. S. [5 ed.] 430, sec. 37.
The portion of the section of the act under which the plaintiff claims to recover, is in these words: “ All masters of foreign vessels, and vessels from a foreign port, and all vessels sailing under register, bound to or from the port of New York, by way of Sandy Hook, shall take a licensed pilot, or in case of refusal to take such pilot, shall, himself, owners, or consignees, pay the said pilotage as if one had been employed ; and such pilotage shall be paid to the pilot first speaking or offering his services as pilot to such vessel.” (Id. 434, sec. 57).
Taking into view that the pilotage fees here claimed to he recovered, are such as are given by previous sections of the act to a pilot licensed by the Board of Pilot Commissioners, it is, in my opinion, too clear to admit of a doubt, that the penalty given for a refusal to accept the services of the first pilot offering, is confined to the pilots who have been duly licensed,, as in the act prescribed, and as the plaintiff is one of the class-of persons which the Board is expressly prohibited from licensing, it follows that he can have no claim whatever to the benefits which the act confers.
The Justice was right in holding that the plaintiff had no cause of action, and his judgment should he affirmed.