The China
Supreme Court of the United States
Error to the Circuit Court for the Southern District of New York. The pilot act of New'York, having provided for the education and licensing of a body of pilots, enacts that all m aster ^of foreign vessels, bound to.or from the port of New York, “ shall take a licensed pilot, or, in case of refusal to take such pilot, shall pay pilotage as if one had been employed.”
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Error to the Circuit Court for the Southern District of New York. The pilot act of New'York, having provided for the education and licensing of a body of pilots, enacts that all m aster ^of foreign vessels, bound to.or from the port of New York, “ shall take a licensed pilot, or, in case of refusal to take such pilot, shall pay pilotage as if one had been employed.” It enacts, further, that any person not licensed as a pilot, who shall' attempt to .pilot a vessel' bound as aforesaid, “shall be deemed guilty, of a misdemeanor, and be' punished by a fine not exceeding $100; or, imprisonment not…
1Concurrence
Mr. Justice CLIFFORD (with whom concurred Mr. Justice FIELD):
I concur in the proposition that the pilot laws of New York afford no defence to the appellants in this case, and that the decree of the Circuit Court, determining that the colliding steamship was liable, notwithstanding she had a licensed pilot on board, ought to be affirmed. Many English cases decide otherwise, but I am not satisfied with the . reasons given in their support, and have no hesitation in concurring in the conclusion to which the majority of the court has come; but I do not concur in the proposition that •he State…
2Cases cited2 opinions
- The Julia M. HallockDistrict Court, D. Massachusetts · 1852
- The RescueDistrict Court, D. Massachusetts · 1858