Page images

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.)

Rights, Privileges, and Remuneration of Pilots

CCCLVI. If any Boat or Ship, having a qualified Pilot on board, leads any Ship which has not a qualified Pilot on board (General) when such last-mentioned Ship cannot from particular Cir- Qualified Pilot cumstances 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 Conseut shall be entitled, over and above his Pilotage, to the Sum of Ten 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, sufficient 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.

Master offer


Merchant Shipping (Part V. Pilotage.)

Penalty on making a false

CCCLIX. If any Master, on being requested by any qualified Pilot having the Charge of his Ship to declare her Draught of Water, refuses to do so, or himself makes or is privy Declaration as to any other Person making a false Declaration to such Pilot as to Draught of to such Draught, he shall incur a Penalty for every such Ship or falsi- Offence not exceeding double the Amount of Pilotage which fying Marks. would have been payable to the Pilot making such Request; and if any Master or other Person interested in a Ship makes or is privy to any other person making any fraudulent Alteration in the Marks on the Stern or Stem Post of such Ship denoting her Draught of Water, the Offender shall incur a Penalty not exceeding Five hundred Pounds.

Rights, Privi-
leges, and
of Pilols

Power of quasupersede un

lified Pilot to qualified Pilot.

Penalty on unqualified Person acting as Pilot.

Occasions on


licensed Per. sons may act

as Pilots.

CCCLX. A qualified Pilot may supersede an unqualified Pilot, but it shall be lawful for the Master to pay to such unqualified Pilot a proportionate Sum for his Services, and to deduct the same from the Charge of the qualified Pilot; and in case of Dispute the Pilotage Authority by whom the qualified Pilot is licensed shall determine the proportionate Sums to which each Party is entitled.

CCCLXI. An unqualified Pilot assuming or continuing in the Charge of any Ship after a qualified Pilot has offered to take charge of her, or using a Licence which he is not entitled to use for the Purpose of making himself appear to be a qualified Pilot, shall for each Offence incur a Penalty not exceeding Fifty Pounds.

CCCLXII. An unqualified Pilot may, within any Pilotage District, without subjecting himself or his Employer to any Penalty, take charge of a Ship as Pilot under the following Circumstances; that is to say,

When no qualified Pilot has offered to take charge of such
Ship, or made a Signal for that Purpose; or

When a Ship is in Distress or under Circumstances making it necessary for the Master to avail himself of the best Assistance which can be found at the time; or

For the Purpose of changing the Moorings of any Ship in Port, or of taking her into or out of any Dock, in Cases where such Act can be done by an unqualified Pilot without infringing the Regulations of the Port, or any Orders which the Harbour Master is legally empowered to give.

Liability for

CCCLXIII. The following Persons shall be liable to pay and Recovery Pilotage Dues for any Ship for which the Services of a qualified Pilot are obtained; (that is to say), the Owner or Master,

of Pilotage Dues.


Merchant Shipping (Part V. Pilotage.)

or such Consignees or Agents thereof as have paid or made themselves liable to pay any other Charge on account of such Ship in the Port of her Arrival or Discharge, as to Pilotage Inwards, and in the Port from which she clears out as to Pilotage Outwards; and in default of Payment such Pilotage Dues may be recovered in the same Manner as Penalties of the like Amount may be recovered by virtue of this Act; but such Recovery shall not take place until a previous Demand thereof has been made in Writing, and the Dues so demanded have remained unpaid for Seven Days after the Time of such Demand being made.

Rights, Privileges, and Remuneration of Pilots


CCCLXIV. Every Consignee and Agent (not being the Power for Owner or Master) hereby made liable for the Payment of Pi- Consignees lotage Dues in respect of any Ship may, out of any Monies in to retain Pilotage Dues his Hands received on account of such Ship or belonging to paid by them. the Owner thereof, retain the Amount of all Dues so paid by him together with any reasonable Expenses he may have incurred by reason of such Payment or Liability.

Offences of Pilots (General.)

Offences of Pilots CCCLXV. If any qualified Pilot commits any of the fol- (General.) lowing Offences, (that is to say,)

Penalties on qualified Pilot:


(1.) Keeps himself, or is interested in keeping by any exercising
Agent, Servant, or other Person, any Public House or certain
Place of public Entertainment, or sells or is interested
in selling any Wine, Spirituous Liquors, Tobacco, or

(2.) Commits any Fraud or other Offence against the Re- offending venues of Customs or Excise or the Laws relating against Rethereto;


(3.) Is in any way directly or indirectly concerned in any guilty of
corrupt Practices relating to Ships, their Tackle, Fur- corrupt Prac-
niture, Cargoes, Crews, or Passengers, or to Persons in tices;
Distress at Sea or by Shipwreck, or to their Monies,
Goods, or Chattels ;

lending Licence;

(4.) Lends his Licence;

(5.) Acts as Pilot whilst suspended;

(6.) Acts as Pilot when in a State of Intoxication;

(7.). Employs or causes to be employed on board any unnecessarily Ship of which he has the Charge any Boat, Anchor, causing Ex


acting when suspended;

acting when drunk;

Offences of



declining to go off;

unnecessarily cutting or slipping Cable;

refusing to Conduct Ship into Port;

quitting Ship.

Merchant Shipping (Part V. Pilotage.)

Cable, or other Store, Matter, or Thing beyond what is necessary for the Service of such Ship, with the Intent to enhance the Expenses of Pilotage for his own Gain or for the Gain of any other Person;

(8.) Refuses or wilfully delays, when not prevented by Illness or other reasonable Cause, to take charge of any Ship within the Limits of his Licence upon the Signal for a Pilot being made by such Ship, or upon being required to do so by the Master, Owner, Agent, or Consignee thereof, or by any Officer of the Pilotage Authority by whom such Pilot is licensed, or by any Principal Officer of Customs;

(9.) Unnecessarily cuts or slips or causes to be cut or slipped any Cable belonging to any Ship;

(10.) Refuses, on the Request of the Master, to conduct the Ship of which he has the Charge into any Port or Place into which he is qualified to conduct the same, except on reasonable Ground of Danger to the Ship;

(11.) Quits the Ship of which he has the Charge, without the Consent of the Master, before the Service for which he was hired has been performed;

He shall for each such Offence, in addition to any Liability for Damages at the Suit of the Person aggrieved, incur a Penalty not exceeding One hundred Pounds, and be liable to Suspension or Dismissal by the Pilotage Authority by whom he is licensed; and every Person who procures, abets, or connives at the Commission of any such Offence shall likewise, in addition to any such Liability for Damages as aforesaid, incur a Penalty not exceeding One hundred Pounds, and, if a qualified Pilot, shall be liable to Suspension or Dismissal by the Pilotage Authority by whom he is licensed.

Penalty on Pilot endangering Ship,

CCCLXVI. If any Pilot, when in charge of any Ship, by wilful Breach of Duty or by Neglect of Duty, o: by reason of Life, or Limb. Drunkenness, does any Act tending to the immediate Loss,

Destruction, or serious Damage of such Ship, or tending immediately to endanger the Life or Limb of any Person on board such Ship; or if any Pilot, by wilful Breach of Duty or by Neglect of Duty, or by reason of Drunkenness, refuses or omits to do any lawful Act proper and requisite to be done by him for preserving such Ship from Loss, Destruction, or serious Damage, or for preserving any Person belonging to or on board of such Ship from Danger to Life or Limb; the Pilot so offending shall for each such Offence be deemed guilty of a Misdemeanor,


Merchant Shipping (Part V. Pilotage)

and, if a qualified Pilot, also be liable to Suspension and Dismissal by the Authority by which he is licensed.

Offences of Pilots (General.)

of a Ship

CCCLXVII. If any Person, by wilful Misrepresentation of Penalty on Circumstances upon which the Safety of a Ship may depend, Pilot in charge obtains or endeavours to obtain the Charge of such Ship, such doing her wilPerson, and every other Person procuring, abetting, or con- ful Injury. niving at the Commission of such Offence, shall, in addition to any Liability for Damages at the Suit of the Party aggrieved, incur a Penalty not exceeding One hundred Pounds, and, if the Offender is a qualified Pilot, he shall also be liable to Suspension or Dismissal by the Pilotage Authority by which he is licensed.

General Power of Trinity House.

General Power of Trinity House.

CCCLXVIII. The Trinity House may, in exercise of the General Power herein-before given to all Pilotage Authorities Power of of doing certain Things in relation to Pilotage Matters, alter Trinity House to alter Regusuch of the Provisions herein-after contained as are expressed latious. to be subject to Alteration by them in the same Manner and to the same Extent as they might have altered the same if such Provisions had been contained in any previous Act of Parliament instead of in this Act.

(1.) "The London District," comprising the Waters of the Thames and Medway as high as London Bridge and Rochester

[ocr errors]

Sub-Commissioners and Pilots (Trinity House.)


CCCLXIX. The Trinity House shall continue to appoint Sub-Commissioners, not being more than Five nor less than Three in Number, for the Purpose of examining Pilots in all Power of Trinity House Districts in which they have been used to make such Appoint- to appoint Subments, and may, with the Consent of Her Majesty in Council, Commisbut not otherwise, appoint like Sub-Commissioners for any other District in which no particular Provision is made by any Act of Parliament or Charter for the Appointment of Pilots; but no Pilotage District already under the Authority of any Sub-Commissioners appointed by the Trinity House shall be extended, except with such Consent as aforesaid, and no SubCommissioners so appointed shall be deemed to be Pilotage Authorities within the Meaning of this Act.

Sub-Conmissioners and Pilots (Trinity House.)


CCCLXX. The Trinity House shall continue, after due Trinity House Examination by themselves or their Sub-Commissioners, to pilots to act appoint and license under their Common Seal Pilots for the within certain Purpose of conducting Ships within the Limits following or any Limits. Portion of such Limits; (that is to say,)

« PreviousContinue »