Page images
PDF
EPUB

Merchant Shipping (Part V. Pilotage.)

sought to be imposed by such Authority are unfair or improper,
or that any Pilotage Certificate granted by such Authority has
been improperly withdrawn, the Board of Trade may, if in its
Judgment the Circumstances appear to require it, appoint
Persons to examine such Master or Mate, and if he is found
competent may grant him a Pilotage Certificate, containing the
same Particulars as would have been inserted in any Certificate
granted by such Pilotage Authorities as aforesaid, upon such
Terms and Conditions, and subject to such Regulations, as
such Board may think fit; and such Certificate shall have the
same Ellect as if it had been granted by such Pilotage Autho-
rity as aforesaid; and such Certificate shall be in force for
One Year, and may be renewed from Year to Year, either by
the said Authorities in manner herein-before mentioned, or by
the Board of Trade, if such Board thinks fit, such Renewal to be
indorsed on the said Certificate, either by such Peison as the
Board of Trade may appoint for the Purpose, or in manner
hereinbefore provided as to Certificates
Certificates granted by any
Pilotage Authority.

Licensing

of Masters

and Mates (General.)

such Certifi

CCCXLIII. All Masters or Mates to or for whom any such Fees to be Pilotage Certificates as aforesaid are granted or renewed by paid upon any Pilotage Authority shall pay to such Authority, or as it cates and the directs, such Fees upon their respective Certificates and upon Renevais the Renewals thereof, as are from Time to Time fixed for that thereof. Purpose by such Authority, with the Consent of the Board of Trade; and all Masters and Mates to or for whom any such Certificates are granted or renewed by the Board of Trade shall pay to such Board, or as it directs, such Fees upon their Certificates and upon the Renewals thereof as may be fixed by such Board, so nevertheless that in the Case of Pilotage Certificates granted or renewed by the Board of Trade such Fees shall in no Case be less than the Fees payable by the qualified Pilots in the same District upon their Licences and the Renewal thereof; and such Fees shall in the Case of Certificates and Renewals granted by Pilotage Anthorities be applicable either V to paying the Expense of the Examinations, or any other general Expenses connected with Pilotage incurred by such Authorities, or to the Pilots Superannuation Fund of the District (if any), or otherwise for the Benefit of the Pilots appointed by such Authorities, as such Authorities think fit; and such Fees shall in the Case of Pilotage Certificates granted or renewed by the Board of Trade be applicable to the Expense of the Examinations, and the Surplus (if any) shall be applied for the Benefit of the qualified Pilots of the Port or District to which such Certificates apply, in such Manner as such Board thinks fit.

CCCXLIV. If at any Time it appears to the Board of Trade Power to or to any Pilotage Authority that any Master or Mate to whom withdraw

a

Licensing of Masters and Males (General.)

Pilotage Cer

tificates.

Pilot Boa's (General)

Pilot Boats how to be provided.

Characteristies of Pilot Boats.

Qualified Pilot to display Flag though

Merchant Shipping (Part V. Pilotage.)

a Pilotage Certificate has been granted by such Board or Authority has been guilty of Misconduct, or has shown himself incompetent to pilot his Ship, such Board or such Authority (as the Case may be) may thereupon withdraw his Certificate, and such Certificate shall thenceforth cease to be of any Effect whatever.

Pilot Boats (General.)

CCCXLV. All Boats and Ships regularly employed in the Pilotage Service of any District shall be approved and licensed by the Pilotage Authority of such District, who may, at their Discretion, appoint and remove the Masters of such Boats and Ships.

CCCXLVI. Every Pilot Boat or Ship shall be distinguished by the following Characteristics; (that is to say,)

(1.) A Black Colour painted or tarred outside, with the Exception of such Names and Numbers as are hereinafter inentioned; or such other distinguishing Colour or Colours as the Pilotage Authority of the District, with the Consent of the Board of Trade, directs:

(2.) On her Stein the Name of the Owner thereof and the Port to which she belongs painted in White Letters at least One Inch bread and Three Inches long, and on each Bow the Number of the Licence of such Boat or Ship:

(3.) When afloat, a Flag at the Mast-Head or on a Sprit or Staff, or in some other equally conspicuous Situation; such Flag to be of large Dimensions compared with the Size of the Boat or Ship carrying the same, and to be of Two Colours, the upper horizontal Half White, and the lower horizontal Half Red:

And it shall be the Duty of the Master of such Boat or Ship to attend to the following Particulars, First, that the Boat or Ship possesses all the above Characteristics; secondly, that the aforesaid Flag is kept clean and distinct, so as to be easily discerned at a proper Distance; and lastly, that the Names and Numbers before mentioned are not at any Time concealed; and if default is made in any of the above Particulars he shall incur a Penalty not exceeding Twenty Pounds for each Default.

CCCXLVII. Whenever any qualified Pilot is carried off in a Boat or Ship not in the Pilotage Service he shall exhibit a Flag of the above Description, in order to show that such Boat

or

Merchant Shipping (Part V. Pilotage.)

Pilot Boats (General.)

or Ship has a qualified Pilot on board; and if he fails to do so, not in Pilot without reasonable Cause, he shall incur a Penalty not exceed- Boat. ing Fifty Pounds.

CCCXLVIII. If any Boat or Ship, not having a licensed Penalty on Pilot on board, displays a Flag of the above-mentioned Des- ordinary Boat displaying cription, there shall be incurred for every such Offence a Pilot Flag. Penalty not exceeding Fifty Pounds, to be recovered from the Owner or from the Master of such Boat or Ship.

Pilot Licences (General.)

CCCXLIX. Every qualified Pilot on his Appointment shall receive a Licence, containing his Name and usual Place of Abode, together with a Description of his Person, and a Specification of the Limits within which he is qualified to act; And it shall be the Duty of the principal Officer of Customs at the Place at or nearest to which any qualified Pilot may reside, upon his Request, to register his Licence; and no qualified Pilot shall be entitled to act as such until his Licence is so registered; and any qualified Pilot acting beyond the Limits for which he is qualified by his Licence shall be considered as an unqualified Pilot.

Pilot Licences
(General.)

Registry of
Pilot Licence.

to qualified

CCCL. Every qualified Pilot shall, upon receiving his Copies of ReLicence, be furnished with a Copy of such Part of this Act as gulations to relates to Pilotage, together with a Copy of the Rates, Byelaws, be furnished and Regulations established within the District for which he is Pilot, and to licensed; and he shall produce such Copies to the Master of be produced any Ship, or other Person employing him, when required to do by him. so, under a Penalty in case of Default not exceeding Five Pounds.

Licence to
Employer.

CCCLI. Every qualified Pilot, while acting in that Capacity, Qualified Pilot shall be provided with his Licence, and produce the same to to produce every Person by whom he is employed, or to whom he tenders his Services as Pilot; and if he refuses to do so at the Request of such Person, he shall incur for each offence a Penalty not exceeding Ten Pounds, and shall be subject to Suspension or Dismissal by the Pilotage Authority by whom he is licensed.

CCCLII. Every qualified Pilot, when required by the Pilot- Licences to age Anthority who appointed hitn, shall produce or deliver up be delivered his Licence; and on the Death of any qualified Pilot the Per- Phen required, and son into whose Hands his Licence happens to fall shall with- retura en out Delay transmit the same to the Pilotage Authority who Deat appointed the deceased Pilot; and any Pilot or Person failing to comply with the Provisions of this Section shall incur a Penalty not exceeding Ten Pounds.

Compulsory

Compulsary
Pilotage
(General.)

Compulsory

Pilotage, in

what Mode

Merchant Shipping (Part V. Pilotage.)

Compulsory Pilotage (General.)

CCCLIII. Subject to any Alteration to be made by any Pilotage Authority in pursuance of the Power herein-before in to be enforced. that Behalf given, the Employment of Pilots shall continue to be compulsory in all Districts in which the same was by Law compulsory immediately before the Time when this Act comes into operation; and all Exemptions from compulsory Pilotage then existing within such Districts shall also continue in force; and every Master of any unexeipted Ship navigating within any such District who, after a qualified Pilot has offered to take charge of such Ship or has made a Signal for that Purpose, either himself pilots such Ship without possessing a Pilotage Certificate enabling him so to do, or employs or continues to employ an unqualified Person to pilot her, and every Master of any exempted Ship navigating within any such District who after a qualified Pilot has offered to take charge of such Ship or has made a Signal for that Purpose employs or continues to employ an unqualified Pilot to pilot her, shall for every such Offence incur a Penalty of double the Amount of· Pilotage demandable for the Conduct of such Ship..

Home Trade
Passenger
Ships to em-

ploy qualified
Pilots, unless

they have certificated Masters or Mates.

Certificates

CCCLIV. The Master of every Ship carrying Passengers between any Place situate in the United Kingdom, or the Islands of Guernsey, Jersey, Sark, Alderney, and Man, and any other Place so situate, when navigating upon any Waters situate within the Limits of any District for which Pilots are licensed by any Pilotage Authority under the Provisions of this or of any other Act, or upon any Part thereof so situate, shall, unless lie or his Mate has a Pilotage Certificate enabling such Master or Mate to pilot the said Ship within such District, granted under the Provisions herein-before contained, or such Certificate as next herein-after mentioned, being a Certificate applicable to such District and to such Ship, employ a qualified Pilot to pilot his Ship; and if he fails so to do he shall for every Offence incur a Penalty not exceeding One hundred Pounds.

CCCLV. Any Master or Mate of a Ship which by the last preceding Section is made subject to compulsory Pilotage may such Masters apply to the Board of Trade for a Certificate, and the Board of

how to be granted to

and Mates.

Trade shall thereupon, on satisfactory Proof of his having continuously piloted any Ship within the Limits of any Pilotage District or of any Part or Parts thereof for Two Years prior to the Commencement of this Act, or upon satisfactory Proof by Examination of his Competency, or otherwise as it may deem expedient, cause to be granted to him, or to be indorsed on any Certificate of Competency or Service obtained by him under the Third Part of this Act, a Certificate to the Effect that

he

Merchant Shipping (Part V. Pilotage.)

he is authorized to pilot any Ship or Ships belonging to the same Owner, and of a Draft of Water not greater than such Draft as may be specified in the Certificate within the Limits. aforesaid; and the said Certificate shall remain in force for such Time as the Board of Trade directs, and shall enable the Master or Mate therein named to conduct the Ship or Ships therein specified within the Limits therein described to the same Extent as if the last preceding Section had not been passed, but not further or otherwise; and every such Master or Mate shall, upon applying for such Certificate cr for any Renewal thereof, pay to the Board of Trade or as it directs such Fees not exceeding the Fees payable on an Examination, for a Master's Certificate of Competency under the Third Part of this Act as the Board of Trade directs; and such Fees shall be applied in the same manner in which the Fees payable on such last-mentioned Examination are made applicable.

Rights, Privileges, and Remuneration of Pilots (General.)

Compulsory
Pilotage
(General)

Rights, Privileges, and

Remuneration of Pilots

(General)

Qualified Pilot

CCCLVI. If any Boat or Ship, having a qualified Pilot on board, leads any Ship which has not a qualified Pilot on board when such last-mentioned Ship cannot from particular Circumstances be boarded, the Pilot so leading such last-men- unable to tioned Ship shall be entitled to the full Pilotage for the Distance board when run as if he had actually been on board and had charge of Pilotage. such Ship.

entitled to

taken out of

CCCLVII. No Pilot, except under Circumstances of un- Allowance to avoidable Necessity, shall without his Consent be taken to qualified Pilot Sea or beyond the Limits for which he is licensed in any Ship his District. whatever; and every Pilot so taken under Circumstances of unavoidable Necessity or without his Consent shall be entitled, over and above his Pilotage, to the Sum of Tea Shillings and Sixpence a Day, to be computed from and inclusive of the Day on which such Ship passes the Limit to which he was engaged to pilot her up to and inclusive of the Day of his being returned in the said Ship to the Place where he was taken on board, or up to and inclusive of such Day as will allow him, if discharged from the Ship, suflicient Time to return thereto; and in such last-mentioned Case he shall be entitled to his reasonable travelling Expenses.

CCCLVIII. Any qualified Pilot demanding or receiving, Penalty on and also any Master offering or paying to any Pilot, any other qualified Pilot Rate in respect of Pilotage Services, whether greater or less, receiving or than the Rate for the Time being demandable by Law, shall ing improper for each Offence incur a Penalty not exceeding Ten Pounds. Rate.

CCCLIX.

Master offer

« PreviousContinue »