Powers of Pilotage Authorities (General). Powers of thorities. upon Merchant Shipping (Part V. Pilotage.) such Terms and Conditions and in such Manner as may appear desirable to such Authority. CCCXXXII. Subject to the Provisions contained in the Fifth Pilotage Au- Part of this Act, it shall be lawful for every Pilotage Authority, by Byelaw made with the Consent of Her Majesty in Council, from Time to Time to do all or any of the following Things within its Districts; (that is to say,) To determine of Pilots: To make Regulations as to Pilot Boats : To make Regulations for the Government of Pilots: To make Re- To alter and reduce Rates of Pilotage: (1.) To determine the Qualifications to be required from Persons applying to be licensed as Pilots, whether in respect of their Age, Skill, Time of Service, Character, or otherwise : (2.) To make Regulations as to the Approval and licensing of Pilot Boats and Ships, with Power to establish and regulate Companies for the Support of such Boats and Ships, and for a Participation in the Profits made thereby; the Companies so established to be exempt from the Provisions of the Act passed in the Session holden in the Seventh and Eighth Years of the Reign of Her present Majesty, Chapter One hundred and ten, intituled, An Act for the Registration, Incorporation, and Regulation of Joint Stock Companies: (3.) To make Regulations for the Government of the Pilots licensed by them, and for insuring their good Conduct, and their constant Attendance to and effectual Performance of their Duty, either at Sea or on Shore: (4.) To fix the Terms and Conditions of granting Licences to Pilots and Apprentices, and of granting such Pilotage Certificates as herein-after mentioned to Masters and Mates, and to make Regulations for punishing any Breach of such Regulations as aforesaid committed by such Pilots or Apprentices or by such Masters and Mates by the Withdrawal or Suspension of their Licences or Certificates, as the Case may be, or by the Infliction of Penalties to be recoverable summarily before Two Justices, so that no such Penalty be made to exceed the Sum of Twenty Pounds, and so that every such Penalty be capable of Reduction at the Discretion of the Justices by whom the same is inflicted: (5.) To fix the Rates and Prices or other Remuneration to be demanded and received for the Time being by Pilots licensed by such Authority, or to alter the Mode of remunerating such Pilots, in such Manner as such Authority may, with such Consent as aforesaid, think fit, Merchant Shipping (Part V. Pilotage.) so that no higher Rates or Prices be demanded or received from the Masters or Owners of Ships in the Case of the Trinity House than the Rates and Prices specified in the Table marked U. in the Schedule hereto; and in the Case of all other Pilotage authorities, than the Rates and Prices which might have been lawfully fixed or demanded by such Pilotage Authorities respectively under any Act of Parliament, Charter, or Custom in force immediately before the Commencement of this Act: Powers of Pilotage Authorities (General.) (6.) To make such Arrangements with any other Pilotage To arrange Authority for altering the Limits of their respective the Limits of Pilotage DisDistricts, and for extending the Powers of such other tricts: Authority or the Privileges of the Pilots licensed by such other Authority or any of them to all or any Part of its own District, or for limiting its own Powers or the Privileges of its own Pilots or any of them, or for sharing the said last-mentioned Powers and Privileges with the said other Authority and the Pilots licensed by it, or for delegating or surrendering such Powers and Privileges or any of them to any other Pilotage Authority either already constituted or to be constituted by Agreement between such Authorities, and to the Pilots licensed by it, as may appear to such Pilotage Authorities to be desirable for the Purpose of facilitating Navigation or of reducing Charges on Shipping: annuated (7.) To establish, either alone or in conjunction with any To establish other Pilotage Authority or Authorities, Funds for the Funds for Relief of superannuated or infirm qualified Pilots, or of supertheir Wives, Widows, or Children, or to make any new Pilots: Regulations with respect to any Funds already applicable to the above Purposes or any of them, with Power to determine the Amount, Manner, Time, and Persons (such Persons to be in the Service of such Pilotage Authority) to and in which and by and upon whom the Contributions in support of such existing or future Funds may be made or levied; and further, to declare the Persons or Class of Persons, (such Persons or Class of Persons being confined to Men in the Service of such Pilotage Authority, their Wives, Widows, or Children,) entitled to participate in the Benefits of such existing or future Funds, and the Terms and Conditions upon which they are to be so entitled: (8.) To repeal or alter any Byelaw made in exercise of the To alter Byeabove Powers, and to make a new Byelaw or new Bye- laws. laws in lieu thereof: Powers of Pilotage Authorities (General.) Publication of Byelaws to Parliament. Merchant Shipping (Part V. Pilotuge.) And every Byelaw duly made by any Pilotage Authority in exercise of the Powers hereby given to it, shall be valid and effectual, notwithstanding any Act of Parliament, Rule, Law, or Custom to the contrary. CCCXXXIV. Every Byclaw proposed to be enacted by any Pilotage Authority in pursuance of the foregoing Powers shall, before it is submitted to Her Majesty in Council for Her Assent, be published in such Manner as may from Time to Time be prescribed by the Board of Trade. CCCXXXV. Every Order in Council made in pursuance of be laid before the Provisions herein-before contained shall be laid before both Houses of Parliament as soon as possible after the making thereof. Power of Returns by Authorities (General) CCCXXXVI. If the greater Part in Number of the qualified Pilots belonging to any Port, or the Local Marine Board, where there is one, or at any Port where there is no Local Marine Board, if any Masters, Owners, or Insurers of Ships, being not less than six in Number, consider themselves aggrieved by any Regulation or Byelaw in force when this Act comes into operation or hereafter made under some Authority other than the Provisions of this Act, or by any Defect or Omission therein, they may appeal to the Board of Trade, and the said Board may thereupon revoke or alter any such Regulation or Byelaw or may make Additions thereto in such Manner as, having regard to the Interests of the Persons concerned, may appear to be just and expedient; and every Order so made shall be conclusive in the Matter, Returns by Pilotage Authorities (General.) CCCXXXVII. Every Pilotage Authority shall deliver periodically to the Board of Trade, in such Form and at such Pilotage Au Times as such Board requires, Returns of the following Particulars with regard to Pilotage within the Port or District under the Jurisdiction of such Authority; (that is to say,) thorities to make full Returns to the Board of Trade of certain Particulars connected with Pilotage. (1.) All Byelaws, Regulations, Orders, or Ordinances re- (3.) The Service for which each Pilot or Apprentice is licensed: Merchant Shipping (Part V. Pilotage.) (4.) The Rates of Pilotage for the Time being in force, including therein the Rates and Descriptions of all Charges upon Shipping made for or in respect of Pilots or Pilotage: (5.) The total Amount received for Pilotage, distinguishing the several Amounts received from British Ships and from Foreign Ships respectively, and the several Amonnts received in respect of difierent Classes of Ships paying different Rates of Pilotage, according to the Scale of such Rates for the Time being in force, and the several Amounts received for the several Classes of Service rendered by Pilots; and also the Amount paid by such Ships (if any) as have before reaching the outer Limits of Pilotage Water if outward-bound, or their Port of Destination if inward-bound, to take or pay for Two or more Pilots, whether licensed by the same or by different Pilotage Authorities; together with the Numbers of the Ships of each of the several Classes paying such several Amounts as aforesaid: (6.) The Receipt and Expenditure of all Monies received And shall allow the Board of Trade, or any Persons appointed Returns by required ferred to the CCCXXXVIII. If any of such Pilotage Authorities as afore- If local Autho said (other than the Trinity House, or Sub-Commissioners of rities fail to Pilotage appointed by it, as herein-after mentioned,) fail to deli- give the ver to the Board of Trade the periodical Returns herein-before re- returns, their quired within One Year of such Time as may be fixed by such Jurisdiction Board for the Purpose, or if any of such Authorities do not may be transallow the said Board, or any Persons who may be appointed by Trinity House. it for the Purpose, to inspect any Books or Documents in their Possession relating to the Matters herein-before required to be returned by them, it shall be lawful for Her Majesty, by and with the Advice of Her Privy Council, to direct that all the Rights and Powers of such Authorities in respect of Pilotage shall cease or be suspended during such Time as Her Majesty directs; and thereupon the Trinity House shall thereafter or during such Time as such Suspension may continue, have and exercise the same Powers of appointing Sub-Commissioners of Pilotage, and of licensing Pilots, and of establishing and altering Rates of Pilotage, within the District within which Returns by Paolage Authorities (General.) Returns to be laid before Parliament. Licensing of Masters and Mates (General) Master or Mate, if exa. mined and passed, to receive a bling him 10 pilot particular Ships. Merchant Shipping (Part V. Pilotage.) the Authority so making default has previously appointed or licensed Pilots, as it is by this Act Authorized to exercise in any District for which no particular Provision is made by any Act of Parliament or Charter for the Appointment of Pilots, and shall also during such Time as aforesaid have and exercise the same Rights, Title, and Powers to and in respect of any Pilotage Funds or other Pilotage Property which the said Pilotage Authorities would or might have had or exercised if not so suspended as aforesaid. CCCXXXIX. The Board of Trade shall without Delay cause the several Returns herein-before required to be made to such Board to be laid before both Houses of Parliament. Licensing of Masters and Mates (Genèral.) CCCXL. The Master or Mate of any Ship may, upon giving due Notice, and consenting to pay the usual Expenses, apply to any Pilotage Authority to be examined as to his Capacity to pilot the Ship of which he is Master or Mate, or any One or inore Ships belonging to the same Owner, within any Part of Pilotage Cer- the District over which such Pilotage Authority has Jurisdictificate, ena- tion; and such Master or Mate shall if such Authority thinks fit, thereupon be examined; and if found competent a Pilotage Certificate shall be granted to him, containing his Name, a Specification of the Ship or Ships in respect of which he has been examined, and a Description of the Limits within which he is to pilot the same, such Limits to be within such Jurisdiction as aforesaid; and such Certificate shall enable the Person therein named to pilot the Ship or any of the Ships therein specified, of which he is acting as Master or Mate at the Time, but no other, within the Limits therein described, without incurring any Penalties for the Non-employment of a qualified Pilot. Renewal of tificate. CCCXLI. The Pilotage Certificate so granted shall not be in Pilotage Cer- force for more than One Year, unless the same is renewed, which may from Time to Time be done by an Indorsement under the Hand of the Secretary or other proper Ollicer of the Authority by whom such Certificate was granted. Board of CCCXLII. If upon Complaint to the Board of Trade it appear Trade to exa- to such Board that any such Authority as aforesaid has without mineand grant reasonable Cause refused or neglected to examine any Master Pilotage Certificates to or Mate who has applied to them for the Purpose, or after he Mates, on has passed the Examination has without reasonable Cause rePilotage fused or neglected to grant him a Pilotage Certificate, or that Authorities the Examination of any such Master or Mate has been unfairly or improperly conducted, or that any Terms imposed or sought refusing to do so. |