Page:Federal Reporter, 1st Series, Volume 9.djvu/184

THE HABRISBURGH. 169 �Philadelphia for a license; * * * and that it shall be the duty of at least three of the said wardens to examine every person so applying, * * * and to grant lieenses to all such as they shall deem qualified. * * * " �The act of assembly of Pennaylvania of February 4, 1846, (P. L. 30,) provides : �" If any person * * * shall undertake to pilot any vessel in the bay or river Delaware * * * without a license duly granted by the board of wardens of-the port of Philadelphia, * * * every person so ofEending shall, upon conviction thereof, be imprisoned for not less than one month iior more than one year, and be flned any sum not exeeeding $200, at the discre- tion of the court." �The act of assembly of Pennsylvania of March 24, 1851, (P. L. 229.) pro- vided that " every vessel arrivjng from or bound to any foreign port * * * shall be obliged to take a pilot. * * * " ; �The act of assembly of the state of Delaware of April 5, 1881, provided inter alia — �" That any person exercising the profession of a pilot on the bay and river Delaware siiall * * * apply in person to the board of pilot commission- ers for a license, * * * and that it shall be the duty of at least three of said board to examine every person so applying, * * * and to graht- lieenses to all such as they shall deem qualified; * * * and if any person shall * * * exercise the profession of pilot in the bay and river Delaware without such license, * * * he shall forfeit for every vessel which he shall undertake to pilot * * * $30, together with the pilotage to which he would be otherwise entitled. * * * That every ship or vessel * * * passing in or ont of Delaware bay by the way of Cape Henlopen shall be obliged to receive apilot; * * * that the pilot who shall first offer himself to any inward-bound ships or vessels shall be entitled to take charge thereof. * * * *■ ���The Harrisburqh.* (Oireuit Court, E. D. Pennsylvania. October 10, 1881.) �1. ADMIRALTY — COIiLISIOII — DtTTY OF StKAM-ShIP ApPBOACHINa SAILrNa-VBSSEI. �— Presumption AS TO Latter's Courbe. �When a steam-ship and a salling-vessel are approaching each other, it is to be presumed the latter will pursue the customary course, at that point, of ves- sels bound in the direction in which she is sailing ; and if that course would cause the vessels to approach on intersecting linea and create danger of collis- ion, it is the duty of the steam-ship to make such timely reduction of her speed or change of her course as would avoid such danger. A failure to do this will render the steam-ship llable in case of collision. �Appeal from the Decree of the District Court. �This waa a libel by the owners of the schooner Marietta Tilton against the steamship Harrisburgb to recover damages for the loss of the schooner by a collision. The facts are sufflciently set forth in the opinion. The district court, in an opinion reported 36 Leg. Int. 66, dismissed the libel, and from that decree the present appeal was taken. �«Keported by Frank P. Prlchard, Esq., of the Philadelphia bar. ��� �