Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 59 of 101)
Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 59 of 101)
Font size
QR-code for this ebook


or upon the coast thereof (save and except as hereinafter mentioned), shall be
conducted and piloted by such pilots only as shall be so licensed as aforesaid,
and by no other pilots or persons whomsoever.

VIII. And be it further enacted. That it shall be lawful for the said cor- Trinity House

poration of Trinity House of Deptford Strond, and they are hereby autho- ^*J] for^n^uo^igc

rized and required to establish, vary and alter from time to time, as circum- perfonnedby

stances shall render the same necessary, rates of pilotage, in relation to all PJ^of* licensed on

^ ^ - J. . xi ® A ^ ^ certificates.

pilotage performed m any nver, port or place, or upon any coast whatever,

by any pilot or pilots already licensed, or who shall be licensed by the said
corporation, upon their receiving certificates of examination from sub-com-
missioners of pilotage as aforesaid, which rates shall be regulated by and
proportioned as well to the size and draught of water of the vessels, as to the
distance piloted, the detention and responsibility of the pilot, and such other
circumstances as the said corporation may think fit to taKe into consideration
in fixing and establishing such rates; of which establishment or alteration of Of which rates
pttes of pOotage notice shall be given, by hangiiie up printed tables thereof, h*un"u ** at t^e
correctea fVom time to time as variations therein shall be made, at the several cu8t*orn*House8
custom houses at the ports to which the said rates shall apply ; and no greater of the respective
or less rates, or other reward or emolument for such pilotage, shall under any EJ^te^or less
pretence whatever be demanded, solicited, received, paid or offered, on pain rates shall be re-
of forfeiting ten pounds for every such offence, as well by the person de- wived or paid.
manding, soliciting or receiving, as by the person paying or offering such
ereater or less rates, reward or emolument ; provided tnat ships returning by
distress of weather, contrary winds or on account of accident, into ports in
the districts of the Isle of Wight, Plymouth and Falmouth, shall be subject
to pay one-half of the common pilotage in the said ports.

IX. Provided always, and be it further enacted. That if the major part in Majority of pi-
number of the pilots who shall be licensed by the said corporation of Trinity ^^Jj'p" J"{|[,*^i'J,
House of Deptford Strond for any particular port or place, in consequence of tltrs^ed wli^ the
their receiving certificates of examinations as aforesaid, shall be dissatisfied rates, may appeal
with the rates so established or altered for such port or place, or in case any *® Privy Council.
owner of any ship or vessel interested in any such rates shall be dissatisfied
therewith, it shall be lawful for such parties respectively to appeal to his

Majesty, his heirs and successofs, in his or their most honourable Privy
Council, and for any committee of such Privy Council, callin? to their assist-
ance any such persons as they' may think fit, to hear and deteimine the
matter of sach appeal or appeals, and to settle, alter and regulate such rates
as to them shall appear to be expedient, in case the matter of such appeal
shall, in the discretion of the said Privy Council or committee thereof, appear
to requure the making of any order therein.

A2



Digitized by



Google



IV



APPENDIX.



Licences to be
granted for one
year and renew-
able.



Corporation of
Trinity House
may make bye-
laws and annex
Penalties for
reach of tliem.



X. And be it further enacted, That all and every the licences to be gnuted
under the authority of this act by the said corporation of Trinity Hoaae of
Deptford Strond shall be granted in the first instance up to and until the
thirty-first day of January next ensuing the date thereof, and no longer; and
that the same licences, and also all and every the licences heretofore granted
by the said corporation of Trinity House of Deptford Strond, and which shall
be in force at the time of the passing this act, shall and may be renewed and
coniirmed from year to year, up to and until the thirty-first day of Jaoiuurv
in everv year, and no longer, at the discretion of the said corporation, aoch
renewal and confirmation to be by indorsement on such licences respec^vely,
si^ed by the secretary to the said corporation for the time being, or by aadi
other person or persons as shall or may be thereunto authorized by tbe said
corporation.

XI. And be it further enacted, That all persons licensed to act as pHots, or
in pilot vessels, by the said corporation of Trinity House of Deptford Strond,
by virtue of this act, shall from time to time and at all times hereafter be
subject to the regulations and government of the said corporation, who are
hereby authorized and empowered, as well for ensuring the good conduct and
constant attendance of such pilots upon their duty as for enforcing the general
purposes of this act, from time to time to make and frame all such bye-laws,
rules, orders, regulations and ordinances as they shall think fit, therein
specifying and directing also what annual or other sums shall be paid by any
such pilots to the sub-commissioners of pilotage, for the examination of such
pilots, and for granting and renewing or confirming their licences from time
to time ; and it shall be lawful for the said corporation respectively to annex
such reasonable penalties and forfeitures for the breach of such bye-lawi,
rules, orders, regulations and ordinances, when made, as to them shall seen
expedient in that behalf, and from time to time to annul, alter and amend all
or any of the existing bye- laws, rules, orders, regulations and ordinances,
and to make such other and new bye-laws, rules, orders, regulations and
ordinances as they shall think proper, so as such bye-laws, roles, ordets,
regulations and ordinances be made conformable to the true intent and mean-
ing of this act, and shall not be repugnant to the laws of this realm : Pro-
vided always, that no bye- laws, rules, orders, regulations or ordinances here-
after to be made by the said corporation shall have force or effect before they
shall have been examined, sanctioned and approved by the Chief Justice of
his Majesty's Court of King's Bench, or by the Chief Justice of hb Majesty's
Court of Common Pleas, the sanction and approbation of either of which
Chief Justices shall be verified under his hand and seal ; and all and every
tiuch bye-laws, rules, orders, regulations and ordinances, when so made aod
confirmed as aforesaid, shall be observed and kept and put in execution, and
have the same force and effect and operation, to all intents and purposes, as
if the same were respectively enacted by this act

XII. And in order that all such bye-laws, rules, orders, regulations and
ordinances may be previously examined by the parties interested therein, be
it further enacted, That copies of all such proposed bye-laws, rules, orders,
regulations and ordinances shall be transmitted to his Majesty's privy conneil,
and to the commissioners of customs in London, three calendar months before
the same shall be submitted to such chief justice as aforesaid ; and the com-
missioners of the customs are hereby required, upon the receipt of such copy,
to cause the same to be printed and hung up, as soon as the same can be
done, in the several custom houses of the principal ports in Great Britaii,
there to be open to the inspection of all persons interested therein at til
seasonable times ; and notice shall be ^ven in the Ckusette of such propoMd
bye-laws being so hung up for inspection as aforesaid.

Bye-laws con- XIII. And be it further enacted, That all such bye-laws, rules, orders,

Sung ufTin^the regulations and ordinances as shall be so made and confirmed as aforesaid



Bye-laws to be
sanctioned by the
Chief Justice of
the King's Bench
or Common
Pleas.



Proposed bye-
laws to be pre-
viously trans-
mitted to the
Privy Council,
and also to the
commissioners
of customs, and

Srinted copies to
e hung up at the
Custom Houses.



Digitized by



Google



6 Geo. 4, c. 126. v

shflJl be printed, and shall be hung up in some public or conspicuous place in Custom Houses
the sereral custom houses of the ports of England within the limits for House.* ^*°*'^
which the pilots respectively shall be licensed, and also at the Trinity House
in London.

XIV. And be it further enacted, That from and after the passing of this The Lord Warden
•ct it shall and may he lawful for the Lord Warden of the Cinque Ports and PoJSTto ii^"i^
Constable of Dover Castle, or his lieutenant for the time being, and they are pilots to act
bereby required, to appoint and license fit and competent persons duly skilled J^J? certain
as pilots for the purpose of conducting all ships and vessels, sailing, iiavi*
gating and passing from or by Dungeness, up the rivers Thames and Med-
way, to London Bridge and Kochester Bridge, and all and every the several
channels, creeks and docks of the same, and from the south buoy of the
Brake to the westward as far as the west end of the Owers, and all ships
and vessels sailine, navigating and passing as aforesaid (save and except as
hereinafter provided) shall be conducted and piloted within the limits afore«>
said by such pilots so appointed and licensed, and by no other pilots or persons
whomsoever : Provided always, that it shall be lawful, after the passing this Existing licence!
act, for any pilot or pilots heretofore licensed by the said Lord Warden and ^rce"^^""' ^
Constable for the time being, or his lieutenant for the time being, to pilot or
conduct any ship or vessel within such limits as such pilot or pilots mi^ht
lawfully have conducted and piloted the same immediately before the passing
of this act ; and the licences so heretofore granted to such pilots as aforesaid
shall continue in force notwithstanding this act, so that such pilots do in all
things conform themselves to the provisions of this act, and the rules and
Fegulations hereinafter directed to remain in force or be established under the



XV. And be it further enacted. That no person shall, from and after the No person shall
paseing of this act, take charge of^ any ship or vessel as a pilot belonging to JJiVsh^^S*^^
the society or fellowship of pilots of'^ Dover, Deal and the Isle of Thanet, cinque Port pilot
commonly called the Cinque Port pilots, before he shall be examined by the *i" he hw been
master and two wardens or by four wardens of the said society or fellowship SJmitieS. *"
for the time being touching his abilities, and shall be approved and admitted
into the society or fellowship of the Trinity House of Dover, Deal and the
Isle of Thanet, by the Lord Warden of the Cinque Ports and Constable of
Dover Castle for the time being, or his lieutenant for the time being ; and if
any person shall presume to act as a pilot belonging to the said society or
fellowship without having been so examined, approved and admitted as afore-
said, every such person shall for the first offence forfeit ten pounds, for the Penalty.
second twenty pounds^ and for every other offence forty pounds.

XVL And be it further enacted. That no person belonging to the said Nor of ships
society or fellowship of pilots of Dover, Deal and the Isle of Thanet, com- ^\"^fjjffl
monly called Cinque Port pilots, shall from and after the passing of this act inches, until he
be allowed to take charge as a pilot of any ship or vessel drawing more than jhaii have been
eleven feet six inches water, until he shall have been licensed and acted as a 5j^^*threSyeorIi*
jnlot for three years; or of any ship or vessel drawing more than fourteen h feet, Ave yean;
feet water, until he shall have iJeen licensed and acted as a pilot for two years JJ^' ^^ ••^®"
more, making ^ye years ; or of any ship or vessel drawing more than seven-
teen feet water, until he shall have been licensed and acted as a pilot two
years more, making seven years in the whole ; and at the expiration of such
period of seven years such pilot shall be again examined as to his fitness and
oompelency, and if he shall be approved of, and licensed on such examination,
shall be aathoriased and allowed and entitled to take charge of any ships or
vessels of any draught of water.

XVII. The Master and Wardens of the Trinity House qf Dover, Dedt
and Thanet appointed to examine pilots are to take the oath in Schedule
marked {B.)



Digitized by



Google



VI



APPENDIX.



A number of
Cinque Port pi-
lots shall con-
stantly ply at sea
to take charge of
ships coming
ftom the west-
ward, and upon
signals of flee. s,
all pilots shall
prepare to go off.



Masters of ships
from the west-
ward not having
a pilot shall dis-
play a signal for
one, and facilitate
his getting on
board.



Penalty.

Ships anchoring
within certain
limits, not having
a Cinque Port
pilot, shall dis-
play a signal, and
Cinque Port pi-
lots may within
an hour repair on
board, and take
charge.



XVIIT. And be it further enacted, That a proper and sufficient number of
pilots of the Cinque Ports, not less than eighteen at any one time, and in
succession from time to time, without intermission or any unnecessary delay,
shall at all seasonable times, by day and night, constantly ply at sea, or be
afloat between the South Foreland and Dungeness, to take charge of ships
and vessels coming from the westward ; and such pilots shall not allow any
ship or vessel havmg a signal for a pilot flying to pass without attempting to
board her; and that upon proper signals being made at and from signal
houses now erected, or which may be erected on commanding situations near
to Dover for that purpose, giving notice of the approach of any fleet of ships
or vessels coming from the westward, all Cinque Port pilots not on doty at
the time shall, according to such rules and regulations as to number, rotation
or otherwise as have been or shall be made in that behalf, forthwith prepare
to go afloat and shall go off in sufficient time to fall in with such ships and
vessels, on pain of forfeiting, in case of neglect herein, for the first offence the
sum of twenty pounds, and for the second the offender shall be suspended
from acting as a pilot for twelve months, and for the third offence shall forfeit
his licence to act as such pilot, and shall be rendered thereby incapable of
acting thereafter as a pilot.

XIX. And be it further enacted, That the master or other person Laving
the command of any ship or vessel coming from the westward, and bound to
any place in the rivers of Thames or M^way, not having a duly qualified
Cinque Port pilot on board, shall, on the arrival of such ship or vessel off
Dungeness, and until she shall have passed the south buoy of the Brake, or
a line to be drawn from Sandown Castle to the said buoy, or have been at
anchor for one hour, as hereinafter mentioned, display and keep flyinff the
usual signal for a pilot to come on board ; and if any duly qualified Cinque
Port pilot shall be within hail or approaching and within half a mile, with
the proper distinguishing fla^ flying in his vessel or boat, the master or other
person having the command of such ship or vessel shall, by heaving to in
proper time or shortening sail, or by all practicable means consistently with
the safety of the ship or vessel, facilitate such pilot getting on board, and
shall give the charge of piloting his ship or vessel to such Cinque Port pilot ;
and every person commanding any sucn ship or vessel who shall not display
and keep flying the usual signal for a pilot to come on board, from the time
such ship or vessel shall have arrived off Dungeness, and until she shall have
passed the south buoy of the Brake, in a line to be drawn from Sandown
Castle to the said buoy (unless in the meantime a duly qualified Cinqnc Port
pilot shall have come on board), or who shall within the limits aforesaid
decline to take on board the first duly qualified Cinque Port pilot who shall
offer, or to give charge of his ship or vessel to such duly qualified Cinque
Port pilot, or who shall not heave to, shorten sail or otherwise consistently
with the safety of the ship or vessel facilitate such pilots coming on board as
aforesaid, shall forfeit and pay double the amount of the sum which would
have been demanded for the pilotage of such ship or vessel : Provided alwa^'s,
that if any ship or vessel coming from the westward, and bound to any place
in the rivers Thames or Medway, shall anchor anywhere in the Downs
between the South Foreland and a line drawn from Sandown Castle to the
south buoy of the Brake, having any licensed pilot other than a duly qualified
Cinque Port pilot on board, it shall not be necessary for the master of such
ship or vessel to display or keep flying the usual signal for a pilot to come on
board thereof any longer than for and during one liour next after such ship
or vessel shall so have anchored as aforesaid ; and it shall be lawful for any
duly qualified Cinque Port pilot, at any time before such ship or vessel shall
have been at anchor one hour with such signal flying as aforesaid, to repair
on board the same, and to take charge ot her up the said rivers, but not
otherwise.

XX. Tlie Court of Loadmanage is to settle the compensation to he paid to



Digitized by



Google



6 Geo. 4, c. 125. vii

iAe vpper hook pilots by the lower book pilots for being allowed to take charge
of slaps of greater draught,

XXI. And be it further enacted, That all persons licensed or to be L'censed Cinque Port pi-
to act as Cinque Port pilots shall from time to time and at all times herea^r {°*fL *° ^. »«»bj«jt
be subject to the regulations and government of the Lord Warden of the reguiaUon? o?the
Cinque Ports and Constable of Dover Castle for the time being, and it shall ^'d Warden, &o.
be lawful for the master and wardens of the said society or fellowship of
pUots of Dover, Deal and the Isle of Thanet, and the Lord Warden of the
Cinque Ports and Constable of Dover Castle for the time being, his lieutenant
for tne time being, and the deputy-lieutenant for the time bein^, or either of
them, with the assent of the commissioners of loadmanage, or the major part
of them present at an assembly, commonly called a Court of Loadmanage, to
be held by the said Lord Warden or his deputy as and when they shall see
fit or occasion shall require, to annul, alter or amend the rules and regu-
lations of the said Lord Warden or Court of Loadmanage which shall be in
force at the time of the passing of this act, and which are hereby directed to
remain in force notwithstanding the same, and to make from time to time
soch other sufficient rules and orders for enforcing the due observance of the
provisions of this act by all Cinque Port pilots, and for providing for the
good government, constant attendance and regulation of all such pilots in
^ing off to and taking chargre of and conducting and navigating his Ma-
jesty's ships and vessels, and the ships and vessels in his Majesty's employ,
and also all ships and vessels whatever and wheresoever, within the proper
and usual limits of such pilots, or wherein they shall for the time being act
or be, and for effectually securing the performance of al? the duties and ser-
vices of such pilots at all times ; and all alterations and amendments in such
rules and regulations so in force as aforesaid, and all other rules and regu-
lations, or alterations or amendments thereof, hereafter to be made, shall,
before the same are allowed to take effect or become binding on any person
or persons whatever, be printed and transmitted to the Custom House in
London, and there hung up in some conspicuous place in the long room of
the said Custom House ; and notices shall be published in the Gazette^ and
put up at the Custom Houses within the Cinque Ports, of such rules and re-
eolations, or any alterations thereof for inspection, for one calendar month,
m order that any persons interested therein, whether as owners or masters of
ships or pilots, or otherwise, may transmit to the Lord Warden of the Cinque
Ports, or his lieutenant, any objections which they may have thereto, for the
purpose of the same being altered or confirmed ; and if no objection to the
roles and regulations so made or altered shall be proposed, by or on the be-
half of any person or persons, within the space of thirty days after the notice
shall have l^n given and made public in the manner Dereinbefore provided,
they shall have the same force and effect to all intents and purposes as all
other rules and regulations for the government of pilots within the jurisdic-
tion of the Cinque Ports have ; but if an objection shall be made to the Lord
Warden or his lieutenant, by or on behalf of any person or persons, to any
role or regulation, or to any alteration in any rule or regulation, of which
notice shall be given as aforesaid, within thirty days after the publication
thereof, then and in such case the operation thereof shall be suspended until
reference shall be had to his Majesty's most honourable Privy Council, who
are hereby authorized and empowered to hear as well any person who shall
be deputed by the Court of Loadmanage as by the person or persons object-
ing, and finally to decide as to the confirming, altering or rejecting such rules
or regulations, which decision of the Privy Council shall be final and binding
on aU parties ; and copies of such rules or regulations shall be delivered to
every member of the said society of fellowship, and also to every new member
of tne said society on his election, and a copy or extract thereof shall be
at all times in the possession of every pilot belonging to the Cinque Ports,
as well those dready admitted and licensed as all others hereafter to be
licensed as such pilots ] and it shall be lawful in such rules and regulations



Digitized by



Google



Vlll



APPENDIX.



to establish rates of payment out of sncli surplos earnings of the lower book
pilots as may arise from their being allowed to take the higher elasses <3i
sliips, in the absence of pilots of the upper book, under the provisions of this
act, for the better support and maintenance of the upper book pilots, and also
penalties and forfeitures for the enforcing such rules and regulations, and
better ordering of the said pilots, and for suspending or depriving any of the
said pilots of their licences for breaking sucn rules or orders, or omitting to
do anything required by the same to be done, or for acting in anywise con-
ti-ary to such rules or orders.



XXII. Provided always, and be it further enacted, That if any such mles
altei



IfsQchmles

thre"the*PrS^ *"^ regulations 80 hereafter to be made in relation to Cinque Port pilots i
Council shall aforesaid shall appear to be in any material point erroneous, insufficient or
*"uJi?' correct or defective, it shall be lawful for the owner of any ship, or other person in-
eniarge e Mme. ^^.^^^^^j jjj ^^^ matter of such rules or regulations, to apply to his Majesty's
most honoumble Privy Council, who shall thereupon amend, correct or en-
large tlie same, or cause such other proper and sufficient rules and r^alations
to be drawn up for the purposes aforesaid ; which rules and regulations so
made, or so amended, corrected and enlarged, shall be distributed, published
and made use of in such manner as his Majesty's said Privy Council shall in
that behalf appoint and direct, and the same shall take efiect from snch time
as in the said rules or regulations shall be expressed in regard to the com-
mencement thereof.



As Xo the number
of Cinque Port
pilots, and how
and when to be
increased.



The Increased
number of pilots
shall be kept up :



but in peace no
more than each
alternate vacancy
shall be filled up,
without permis-
sion of Privy
Council, unless
number below
one hundred and
twenty.



XXIII. And whereas, under the provisions of an act passed in the forty-
eighth year of the reign of his said late Majesty King George the Third,
intituled An Act for th£ better Regulation of jPilots, and of the PUoiage cf
Ships and Vessels navigating the British Seas, the number of pilots of t^
Cinque Ports was increased to one hundred and forty, and it hath been found
that the said last-mentioned number is at present, in the time of peace, more
than sufficient for the trade and navi^tion of this kingdom : be it therefore
enacted, that until the number of such pilots shall by death or otherwise be
reduced below one hundred and twenty, or shall be added to, as hereinafter



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 59 of 101)