cognizable in the State courts. No one can act as pilot, and claim the compensation allowed by law for the service, unless duly appointed. And he should always have with him his commission, which should always designate the largest vessel he may pilot, or that which draws the most water. If a pilot offers himself to a ship that has no pilot, and that is entering or leaving a harbor and has not already reached certain geographical limits, the ship must pay him pilotage fees, whether his services are accepted or not. As soon as the pilot stands on deck, he has control of the ship. But it remains the master's duty and power, in case of obvious and certain disability, or dangerous ignorance or error, to disobey the pilot, and dispossess him of his authority; but the master should interfere with the pilot only in extreme cases. If a ship neglect to take a pilot when it should and can take one, the owners will be answerable in damages to shippers or others for any loss which may be caused by such neglect or refusal. Pilots are themselves answerable for any damage resulting from their own negligence or default, and have been held strictly to this liability. SECTION XIII. MATERIAL MEN. MARITIME law calls by this name all persons employed to repair a ship or furnish her supplies. Such persons, and indeed all who work upon her, have a lien on the ship for their charges. There is, however, this important distinction. Material men, by Admiralty law, have a lien only on foreign ships, and not on domestic ships. But many of our States have by statute given this lien to material men on ali ships without distinction; as in New York, Pennsylvania, Massachusetts, Maine, Illinois, Indiana, Missouri, Alabama, and Michigan; and in Louisiana the same lien exists under the general Spanish law. It has been held that such a lien extends beyond mere repairs, certainly to alterations, and perhaps to reconstruc tion, but not to original building, unless the statute includes ship-building. A laborer, employed in general work by a shipwright or mechanic, and by him sometimes employed on the vessel, and sometimes elsewhere, gets no lien on the vessel for that part of the labor performed about it. These statute liens take precedence of the claims of all other creditors. It has been said in previous pages, that our States are for. eign to each other for most purposes under the law of Admiralty; and they are so as to the lien of material men. Therefore, in States in which there is no statute on the subject, material men would have a lien for supplies or repairs for a vessel belonging to any other of our States, but not for a vessel belonging to the State in which the supplies were furnished or the repairs were made. See the chapter on Liens. that (91.) Bill of Sale of Vessel. To all to whom these Presents shall come, Greeting: Know ye, (name of seller) of the where he resides) in the State of (town or city and county owner (if the seller owns only a part of the vessel, here say what part) of the (ship, or what elst it is) or vessel called the of the burden of tons, or thereabouts, for and in consideration of the sum of dollars, lawful money of the United States of America, to me (or us, if more sellers than one) in hand paid, before the ensealing and delivery of these presents, by (name of the buyer) the receipt whereof I (or we) do hereby acknowledge, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said (name of the buyer) executors, administrators, and assigns, (or name the part) of said and his the whole or vessel, together with the masts, bowsprit, sails, boats, anchors, cables, tackle, apparel, and furniture, and all other necessaries thereunto appertaining and belonging. The certificate of the enrollment of which said vessel, is as follows: or In conformity to Title L, "Regulation of Vessels in Domestic Commerce" of the Revised Statutes of the United States. (If the vessel be used in foreign commerce substitute for the above: In pursuance of chapter one, Title XLVIII "Regulation of Commerce and Navigation", of the Revised Statutes of the United States). .....(name of owner) having taken or subscribed the oath required by law, and having sworn that he (if more than one owner adding "together with" and names, occupations, places of abode and proportions owned by each) is a citizen of is at present master; and is a citizen of the United States, and that the said vessel was built at in the year 18 or having certified that the said mast and that her length is feet, her depth and that she measures that she is (kind of vessel) and that she has a figure-head or a gallery. And the said (owner or master) having agreed to the description and admeasurement above specified, and sufficient security having been given in conformity with the terms of the said title, the said has been duly enrolled at the port of this Given under my hand and seal of office, at the port of nine hundred and day of in the year one thousand Collector. To Have and to Hold the said or vessel, and appur(name of the tenances thereunto belonging, to him (or them), the said buyer) and his (or their) executors, administrators, and assigns, to the sole and only proper use, benefit, and behoof of him (or them), the said (name of the buyer) and his (or their) executors, administrators, and assigns forever; and I (or we) the said (name of the seller) ha and by these pres. ents do promise, covenant, and agree, for myself (or ourselves) and my (or our) heirs, executors, administrators, and assigns, to and with the said (name of buyer) and with his (or their) heirs, executors, administrators, and assigns, to warrant and defend the said or vessel, and all the other before-mentioned appurtenances against the lawful claims and demands of all and every person or persons whomsoever, and that I (or we) ha good right and authority to sell and dispose of the same in manner aforesaid. In Testimony Whereof, The said set his hand and seal, this one thousand nine hundred and has hereunto day of (Signature.) (Seal.) Sealed and Delivered in the Presence of STATE OF SS. 1, County of that COUNTY. a Notary Public in and for the and State of in the , do hereby certií), personally known to me as the same person whose name subscribed to the annexed instrument of writing, appeared before me this day in person, and acknowledged that and delivered the said instrument or writing as signed, sealed, free and Know all Men by these Presents, That I (or we, giving the names and residence of all the mortgagors) am (or are) neld and firmly bound unto the just and full sum of (the names and residence of the mortgagee) in dollars, lawful money of the United States of America, to be paid to the said or his (or their) executors, administrators, or assigns; for which payment well and truly to be made, I bind myself, my heirs, executors, and administrators Whereas, anto the said on (name of the mortgagee) has this day lent and advanced (name of the mortgagor) the sum of or vessel called the thereabouts; the said of the same. dollars the body, tackle, and appurtenances of the Now the Condition of this Obligation is such, That if the said (name of the mortgagor) shall pay or cause to be paid to the said (name of the mortgagee) the sum of dollars (the amount loaned), and interest thereon on or before the day of in the year 19 then this obligation to be void; otherwise, to remain in full force and virtue. And in consideration of and as security for said loan as aforesaid, the said (vessel, or ship, or steamer, as it may be) is by these presents assigned, pledged, mortgaged, set over, and conveyed to the said heirs and assigns; the certificate of the enrollment of which vessel is as follows, viz.: (Enrollment as in the previous form of a Bill of Sale of a Vessel.) It being Mutually Understood and Agreed, That in case the amount of said loan and interest, or any part thereof, according to the terms of these presents, shall remain due and unpaid to said (name of mortgagee) after the expiration of , the said (name of mortgagee) may take possession of said and appurtenances, and sell the same at public auction, in order to satisfy the amount then due, without any proceedings in court or otherwise, for the purpose of authorizing such sale, and thereupon may execute and deliver a sufficient bill of sale to transfer completely to any purchaser or purchasers all title and property in and to the said and appurtenances, to the said mortgagor) as (owner) thereof, now belonging. The said (name of the mortgagee) thereupon to account to the said (name of the mortgagor) for any surplus of such sale, after paying all charges and expenses. (name of And in case of such sale as aforesaid, the said (name of the mortgagor) executors, administrators, or assigns, shall, whenever thereto requested, make, execute, and deliver to such purchaser or purchasers, another bill of sale of said and appurtenances, in which the enrollment shall be recited as above, for the transferring completely to said purchaser or purchasers all the (right), (interest), and (claim), of said executors, administrators, or assigns, as .(owner) of said And in default of the prompt execution and delivery of such other bill of sale to such purchaser or purchasers, by the said when thereto requested, the said and appointed the legal attorney of the said is hereby constituted ⚫ for the purpose of making, executing, and delivering such bill of sale, and the said hereby ratifies and confirms the act of the said attorney for said purpose. on the said as And it is hereby further Agreed, That insurance shall be made at some office in for the security of the said (name of the mortgagee) to an amount not less than the sum loaned as aforesaid, and the said (name of the mortgagee) is hereby authorized to procure such insurance, at the expense of the said (name of the mortgagor) if not seasonably obtained by him. Signed, Sealed, and Delivered in Presence of (Signature.) (Seal.) (Witness.) On the nin hundred and STATE OF SS. COUNTY OF day of in the year one thousand before me personally came the individual described in, and who executed the foregoing instrument and acknowledged that he executed the same. |