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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 (General.)

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 more Ships belonging to the same Owner, within any Part of the District over which such Pilotage Authority has Jurisdiction; 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


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 Officer of the Authority by whom such Certificate was granted.

Board of

Pilotage Certificates to Mates, on Pilotage Authorities refusing to do so.

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 nineand grant reasonable Cause refused or neglected to examine any Master or Mate who has applied to them for the Purpose, or after he has passed the Examination has without reasonable Cause refused or neglected to grant him a Pilotage Certificate, or that the Examination of any such Master or Mate has been unfairly or improperly conducted, or that any Terms imposed or


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 Effect as if it had been granted by such Pilotage Authority 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 Person as the Board of Trade may appoint for the Purpose, or in manner hereinbefore provided as to 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 Renewals 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 Authorities be applicable either 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


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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,)

Qualified Pilot to display Flag though

(1.) A Black Colour painted or tarred outside, with the Exception of such Names and Numbers as are hereinafter mentioned; 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 Stern the Name of the Owner thereof and the Port to which she belongs painted in White Letters at least One Inch broad 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.

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


Merchant Shipping (Part V. Pilotage.)

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.

Pilot Boats (General.)


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 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.)

Registry of

CCCXLIX. Every qualified Pilot on his Appointment shall receive a Licence, containing his Name and usual Place of Pilot Licence. 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.)

be furnished

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, to qualified 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

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 Employer. 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.

be delivered

required, and

CCCLII. Every qualified Pilot, when required by the Pilot- Licences to age Authority who appointed him, shall produce or deliver up his Licence; and on the Death of any qualified Pilot the Per- when son into whose Hands his Licence happens to fall shall with- return en out Delay transmit the same to the Pilotage Authority who Death 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.


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

Compulsory Pilotage, in what Mode


Home Trade Passenger Ships to employ qualified Pilots, unless they have

certificated Masters or Mates.

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 unexempted 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.

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 he 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.

Certificates how to be granted to

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

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


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