Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 60 of 101)
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mentioned, it shall not be lawful for the said Lord Warden and Constable of
Dover Castle or his lieutenant for the time being, without special permission
in that behalf given by his Majesty's most honourable Privy Council, upon
the recommendation of the said corporation of Trinity House of Deptford
Stroud, to fill up any more than each alternate vacancy which shall arise in
the number of such pilots : Provided always, that twenty Cinque Port pilots
more, or any less number of such pilots, shall and may be added to the then
existing number whenever such addition shall be directed to be made by an
order of such Privy Council, upon application thereto for that purpose by the
said corporation of Trinity House, and in like manner from time to time, so
as the number of Cinque Port pilots shall not at anj one time exceed one
hundred and eighty, of which said reduction or additions respectively notice
shall be given by or under the authority of the Lord Warden of the Cinque
Ports in the London Gazette, and in one or more newspaper or newspapers
circulating in the counties of Middlesex and Kent.

XXIV. And be it further enacted. That whenever snch additions to the
number of the said pilots shall respectively take place, as hereinbefore pro-
vided, the numbers so increased shall from thenceforth be kept up from tiine
to time, by the appointment of pilots in succession, as often as any vacancy or
vacancies shall happen by death, incapacity or dismission : Provided always,
that in time of peace no more than each alternate vacancy in the number of
Cinque Port pilots shall be filled up, without a special permission in that
behalf given by his Majesty's Privy Council, upon the recommendation of
the said corporation of I'rinity House, unless the number of such pilots shall,
at the time of such filling up. be reduced below one hundred and twenty, in
which case such vacancy shall and may be filled up from time to time without
such permission as aforesaid.



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6 Geo. 4, c. 126. ix

XXV. And be it further enacted, That from and after the passing of this Rates in Tables
aet the respective rates or pirices hereinafter enumerated in the Tables marked 8chedute\ a!)**'
(A.) and (B.) respectively in the Schedule marked (A.) to this act annexed, may be demanded
shall and may be lawfully demanded and received by any pilot licensed or to ^y P"®^*' *"^ °<>
be licensed by the said corporation of Trinity House of Deptford Strond, or »"^««' «'!"••
by the Lord Warden of the Cinque Ports and Constable of Dover Castle for

the time being, or his lieutenant for the time being respectively, for the pilot-
insT or condocting of anv ship or vessel from place to place, as expressed in
the said Tables respectively; that is to say, the respective rates or prices
ennraerated in the said Table marked (A,) shall and may be demanded and
received by any pilot licensed or to be licensed by the said corporation ; and
the respective rates or prices enumerated in the said Table marked (B.) sliaU
and may be demanded and received by any pilot licensed or to be licensed by
^e said Lord Warden of the Cinque Ports and Constable of Dover Castle for
the time being, or his lieutenant for the time being ; and no greater or less
rates or prices or other reward or emolument shall under any pretence what-
ever be demanded, solicited, received, paid or offered than such rates or prices,
on pain of forfeiting ten pounds for every such offence, as well by the person Penalty,
demanding, soliciting or receiving, as also by the person paying or omnagy
SQch greater or less rate or price, reward or emolument.

XXVI. Provides tJutt rates may be varied by the corporation of Trimty
House afid Lord Warden of the Cinque Ports respectively y with the consent
efthe Privy CouneU.

XXVII. Provides that persons applying /or licences shaR execute a bond
for securing obedience to bye-laws,

XXVIII. Bye-laws, j-c. under former act to remain vaiidj unless altered
by this act.

XXIX. lAeences may be revoked, annulled or suspended.

XXX. Pilots so suspended, Sfc, and persons complaining against them,
may appeal to the Privy Council.

XXXI. Empowers the Trinity House and other societies to Ucense vessels
for the purpose of having pilots constantly in attendance in them at sea.

XXXI L Directs how pilot boats are to be distbagmshed, and renders
Bable to a penalty persons concealing marks. — Pilgts carried off in any
other boat are to display a flag.

XXXIIL Imposes a penalty for carrying distingtdshing flag without
having a pilot on board.

XXXIV. Directs that a boat running before a vessel, not having a pilot,
and which cannot be boarded shall be entitled to pilotage.

XXXV. Hemiires that the names, ifc. ^pilots appointed shall be trans*
mitted to the Trinity House, and a list of all pilots annually to the Trinity
House and Custom House.

XXXVI. Directs that the commissioners of customs shall transmit to
their principal officers at ports in England the names, Sfc. of pilots residing
withm the Umits of each port.

XXXVII. Directs that Hsts of vessels employed for pilotage^ with the
number of hands, shall be anmiaUy transmitted to the receiver of six-penny
duty in the port of London.



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APPENDIX.



Ko pilot shall be
taken to sea be-
yond his limits,
without bis con-
sent, except in
case of necessity,
and then he shall
receive ten shil-
lings and six-
pence per diem
above his pilot-
age.



XXXVIII. And be it further enacted, That no pilot shall be taken to fern
beyond the limits of his district by the commanding officer of any of his
Majesty's ships, or by the master or other person having the command of any
other ship or vessel whatever, without snch pilot's free consent, except under
circumstances of absolute and unavoidable necessity ; and then and in snch
case every pilot so taken to sea shall over and above his pilotage have and
receive ten shillings and sixpence per dienij to be computed Irom and inclusive
of the day next after the day on which the ship or vessel shall pass the limit
to which such pilot was engaged to pilot her up to, and until he shall be
returned to the port or place where he was taken on board, or until he shall
have been discharged from the ship for a sufficient time to have enablcxl him
to return there.



Pilots quitting
ships in the
Thames or Med-
vray, without
consent, before
arrival at the

elace to which
ound, to forfeit
pay, and be liable
to penalty.



pnot to write his
name in log book,
and same to be
inserted in report
of ships entering
the port of Lon-
don, and reported
daily to the Tri-
nity House, and
niontlily to the
Lord \^arden of
the Cinque Porta.



Monthly reports
to be made of
Tessels clearing
outwards.



Penalty.



XXXIX. Provides that pilots shall qualify themsefves, and conduct shqm
into and out ofRamsgate and other harbours,

XL. Provides rates for such pilotage.

XLI. Provides that ships hound to the Thames, repairing to plaea far
performance of quarantine, should pay fuU cJuxrges of pilotage, ^c.

XLI I. And be it further ena(3ted, That if any pilot taking charge of any
ship or vessel into the rivers Thames or Medway shall quit such ship or
vessel at Gravesend or Standgate Creek, or in any other part of the Thames
or Med way respectively, before such ship or vessel shall have arrived at the
place to which she is bound in the said rivers respectively, without the con-
sent of the captain or other person having the command thereof, unless some
other duly qualified pilot shall with such consent come on board, and shall
take the charge and conduct of such ship or vessel for the residue of the
pilotage to be performed, every such pilot so quitting such ship or vessel shall
forfeit for every such oflence all pay or reward to which he might be entitled
for having conducted or piloted such ship or vessel to Gravesend, Standgate
Creek or such part of the Thames or Medway respectively as aforesaid, and
shall also be subject to such other penalty or punishment as by virtue of any
of the provisions of this act, or of the bye-laws, rules, orders, regulations
and ordinances hereby directed to remain in force, or which mav be made or
established in pursuance hereof, any pilots shall be liable to u>r qoitting a
ship or vessel before she shall arrive at her place of destination.

XLI 1 1. And be it further enacted. That every pilot shall write his christian
and surname in the log book of every master or other person having the
command for the time being of any ship or vessel entering the port of London,
and required to be piloted according to the directions of this act ; and every
pilot or other person inserting a fuLe name shall forfeit the sum of twenty
pounds ; and the master or other person having the command of such ship or
vessel shall, in making the entry or report of such ship or vessel inwairds,
insert or cause to be inserted in such entry or report the name or names of
the pilot or pilots employed or engaged to pilot such vessel into the said port,
which insertion shall be made in the said entry or report (without fee or
reward) by the proper officer of the customs, who shall report the sarae to
the corporation of the Trinity House daily, and to the Lord Warden t)f the
Cinque Ports monthly ; and such officer is hereby authorized and required to
reject such entry or report, unless and until the name or names of the pilot
or pilots so employed or engaged as aforesaid shall be inserted or notified to
sucn officer for insertion in such entry or report as aforesaid ; and also that
the principal searcher or clearing officer of the customs at Gravesend shall
demnnd and take the name or names of the pilot or pilots of all ships or
vessels clearing outwards from the port of London, and shall transmit monthly
lists of such names to the said corporation of Trinity House, on pain of for-
feiting a sum not exceeding ten pounds nor less thsiu five pounds, to be paid



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6 Geo. 4, c. 125. xi

by each and every of the persons aforesaid who shall neglect to comply with
any of the foregoing regulations.

XLIV. And be it further enacted, That all sums of money which shall How pilotage of
become due to any licensed pilot for the pilotage of any ship or vessel, except tho?c n"having
ships and veesels not having British registers, trading to and from the port of British regUters,
London, shall and may bS recovered from the owners or masters of such 5JJ***°t5****{!f r
ship or vessel, or from the consignees or agents thereof, who shall have paid London? Sty bo
or made themselves liable to pay any other charge for the said ship or vessel recovered.
in the port of her arrival or delivery as to pilotage inwards, and in the port
from whence she shall clear out or sail as to pilotage outwards ; which sums
of money shall and may be levied in such and m the like manner, according to
the amount of any such sums of money as aforesaid respectively, as any
penalty or penalties of the like amount may be recovered and levied under
and by virtue of this act, demand thereof being made in writing at least
fourteen days before such levy.

XLV. And be it further enacted, That the consignees or agents of any ship Consigneet or
or vessel from whom any sum of money due to any licensed pilot for pilotage JKTpu^tJie*'
shall have been recovered or shall be recoverable, or by whom any such sum which they have
of money shall have been paid, are hereby authorized and empowered to p»*<* o' »" *i**>i«
retain in their hands respectively, out of any monies which they may have re- *°*
eeived or shaU thereafter receive, for or on account of such ship or vessel, or
the owner or owners thereof, so much as shall be sufficient to pay and dis-
charge such pilotage, and any expenses attending the same.

XLVI. Provides in what manner pilotage of ships not having British re-
gisters trading to and from the port of London shall be paid,

XLVII. Certificate ofpavment ofpihtage to be given, — Receivers to pay
over to the pilot what snaU be due to him; and the residue with the pound'
age to be carried to the pilots* fwid.

XL VIII. Corporation ofTrinity House may^ out qfpiHotage received^ rc-
ward unlicensed pe?'sons who have piloted in the absence of a ucensed pilot,

XLIX. Provides how the amount qf pilotage outward of foreign vessels
shall be ascertained,

L. How controversies respecting the draught qf water of vessels on tlie
Thames shall be settled,

LI. And whereas it may be expedient from time to time to relieve such Corporation of
ships and vessels not having British registers as may come to the port of makere^uiaUoni
London with fish, com or other provisions, in manner hereinafter directed : wi^h^Hpect to"'
Be it therefore enacted. That it shall be lawful for the said corporation of pilotage of smaU
Trinity House of Deptford Strond, and they are hereby authorized and em- "reign ^egseU.
powered, from time to time at their discretion, to make all such regulations
in relation to the piloting of ships not havine British registers, bringing fish,
com or other provisions into the port of London, and which are or ought to be
piloted by pilots licensed by the said corporation ofTrinity House, for the ease
and relief of such ships and vessels in respect of the rates or amount of pilotage
hereby made payable or demandable for such ships and vessels, or for the
exemption of such ships or vessels from any such rates or amount, or from any
rules or regulations as to the pilotage of such ships or vessels under the pro-
visions of tois act, or of any other act of Parliament relating to pilotat^e, or
under any law or usase whatsoever, as the said corporation of Trinity House
of Deptford Strond shall from time to time deem just, proper and expedient
in relation to such ships and vessels respectively, anything herein contained
to the contrary thereof notwithstanding.



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xu



APPBNDIX.



Owners or mas-
ters of ships not
to be answerable
for loss from want
of a proper pilot,
unless arising
from refusal to
take one, &c.



LTI. Directs that the funds arising from the surplus rates ofpUotaae am
ships not having British registers snail be applied for relief of inmgent
pilots, Sfc.

LIU. And he it farther enacted, That no owner or master of any ship or
vessel shall be answerable for any loss or damage which shall happen to any
person or persons whatsoever from or by reason or means of no licensed pilot
being on board of any such ship or vessel, or of no duly qualified pilot being
on board thereof, unless it shall be proved that the want of such licensed or of
such duly qualified pilot respectively shall have arisen from asy refosal to
take such licensed or qualified pilot on board, or from the wilful neglect of
the master of such ship or vessel in not heaving to, or using all practica]
means consistently with her safety, for the purpose of taking on board thereof
any pilot who shall be ready and offer to take charge of ^e same.

Owners not liable LIV. Provided always, and be it further enacted. That nothing in this aet

for more than the contained shall extend or be construed to extend to make the owner of any

and frefght! *^** ship or vessel liable in any such case for any loss or dama^ beyond the value

of such ship or vessel and her appurtenances, and the freight due or to grow

due for and during the voyage wherein such loss or damage may happen or

arise.



This act not to
deprive persons
of remedies pre-
viously existing.



Owners or mas- LV. And be it fiirther enacted, That no owner or master of any ship or

w"f"°'i *** ^ '^^ vessel shall be answerable for any loss or damage which shall happen to any

ing from incornT- person or persons whomsoever from or by reason or means of any neglect,

potency of pilots, default, incompetency or incapacity of any licensed pilot acting in the charge

of any such ship or vessel, under or in pursuance of any of the provisions of

this act, where and so long as such pilot shall be duly qualified to have tibe

charge of such ship or vessel, or where and so long as no duly qualified pilot

shall have ofiered to take charge thereof.

LVI. And be it further enacted. That nothing in this act contained sbail
extend or be construed to extend to deprive any person or persons of any
remedy or remedies upon any contract of insurance, or of any other remedy
whatsoever, which he or they might have had if this act had not been passed,
bv reason or on account of the neglect, default, incompetency or incapacity
ot any pilot duly acting in thechar^ of any ship or vessel, under or in par-
suance of any of the provisions of this act, or by reason or on account of no
pilot, or of no duly qualified pilot, being on board of any such ship or vessel,
unless it shall be proved that the want of a pilot, or of a duly qualified pilot,
shall have arisen from any refusal to take a pilot or a duly qualified pilot on
boai-d, or from the wilful neglect of the master of such ship or vessel in not
heaving to, or usin? all practicable means consistently with the safety of such
ship or vessel, for the purpose of taking on board any pilot who shall be ready
and ofier to take charge of such ship or vessel.

LVII. Provided always, and be it further enacted. That no pilot licensed
or to be licensed as aforesaid who shall have executed the bond hereinbefore
directed to be executed by him, and shall be piloting or conducting, within
the limits specified in his licence, any ship or vessel which he shall be duly
qualified to pilot, or be piloting in the absence of a duly qualified pilot, shaU
be liable to any action for damages at the suit of the party grieved in any
greater sum than the amount which shall have been specified by way of
penalty in such bond, and the pilotaee payable to him in respect of the voy-
age on which such ship or vessel shall then be, for any loss or dama^ which
shall happen from or by reason or means of his neglect or want of skill whilst
acting in his capacity of a pilot on board such ship or vessel.

Penalty on mas- LVIII. And be it further enacted. That every master of any ship or vessel
*«"^f vessels pi- ^ho shall act himself as a pilot, or who shall employ or continue employed



Licensed pilots
who have exe-
cuted bond not
liable for neglect
or want of skill
beyond its pe-
nalty and the pi-
lotage.



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6 Geo. 4, c. 125. xiii

•s a pflot any unliceiiBed person, or any licensed person acting out of the other than a u-
limits for which he is qualified, or heyond the extent of his qualification, cen»«* P^®^«
after any party licensed and qualified to act as such, within the limits in
which such ship or vessel shall then actually be, shall have offered to take
charge of such ship or vessel, or have made a signal for that purpose, shall
forfeit for every such ofiTence double the amount of the sum which would have
been l^^y deniandable for the pilotage of such ship or vessel, and shall
likewise forfeit for every such offence an additional penalty of five pounds for
every "Rttj tons burden of such ship or vessel, if the corporation of Trinity
House of Deptford Strond, as to cases in which pilots licensed by or under
the raid corporation shall be concerned, or the said Lord Warden for the time
being or his lieutenant for the time being, as to cases in which the Cinque
Port pilots shdl be concerned, shall think it proper that the pa-son pro-
secuting should be at liberty to proceed for the recovery of such additional
penahy, and certify the same in writing.

LIX. Provided always, and be it further enacted, That, for and notwith- Mastew of cw-
standing anything in this act contained, the master of any collier, or of any *^"t*^*J,e^''
ship or vessel trading to Norway, or to the Cattegat or Baltic, or round the fong as^ot^as-
North Cape, or into the White Sea, on their inward or outward voyages, or sistedby unU-
of any constant trader inwards, fi-ora the ports between Boulogne inclusive <'*"•*<* personi.
and the Baltic (all such ships and vessels having British registers, and coming
up either by the North Channel but not otherwise), or of any Irish trader
asing the navigation of the rivers Thames and Med way, or of any ship or
vessel employed in the regular coasting trade of the*Kingdom, or of any ship
or vessel wholly laden with stone from Guernsey, Jersey, Aldemey, Sark or
Man, and being the production thereof, or of any ship or vessel not exceeding
the burden of sixty tons, and having a British register, except as hereinafter
provided, or of any other ship or vessel whatever whilst the same is within
the limits of the port or place to which she belongs, the same not being a port
or place in relation to which particular provision bath heretofore been made
by any act or acts of Parliament, or by any charter or charters for the ap-
pointment of pilots, shall and may lawfully," and without being subject to any
of the penalties by this act imposed, conduct or pilot his own ship or vessel
when and so long as he shall conduct or pilot the same without the aid or
assistance of any nnlicensed pilot or other person or persons than the ordinary
crew of the said ship or vessel.

LX. Provided also. That from and after the passing of this act it shall and Hit Mu^tstj in
may be lawful for his Majesty, by and with the advice of his Privy Council, {hJJSw^X'ps not
or by any order or orders in Council, to permit and authorize ships and exceeding sixty
vessels not exceeding the burden of sixty tons, and not having a British ton« burden to be
register, to be piloted and conducted without having a duljr licen^ pilot on Su" piSfs, m"
IxMird, upon the same terms and conditions as are by this act imposed on BritUh ships of
Britbh ships and vessels not exceeding the like burden. ^^ ^^^ biuden.

LXI. Provided also. That nothing in this act contained shall extend or be Master* not lia-
construed to extend to subject the master or owner of any ship or vessel to J^® Jm^"*in*'
any of the penalties of this act for employing any person or persons whom- un'^iitMenscd per-
soever as a pilot or pilots in and for the assistance of such ship or vessel 'ons whilst ship
whilst the same shall be in distress, or in consequence thereof, or under any *° d*«t'^eis.
circumstances which shall have rendered it necessary for such owner or
Bsaster to avail himself of the best assistance which at the time cotild be
procured, anything herein contained to the contrary thereof in anywise not-
withstanding.

LXIT. Provided always, and be it further enacted. That nothing in this Master or mate,
act contained shall extend or be construed to extend to subject to any penalty Saxt^wne^'and
the muster or mate of any ship or vessel, being the owner or part owner of residing at Dover,
Bach ship or vessel, and residing at Dover, Deal or the Isle of Thanet, for *c» °»*y p^®*



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XIV



APPENDIX.



his own ship in
the Thames or
Medway.



Ships brought
into any port by
pilots may be re-
moved by the
master, «c., for
certain purposes.



Penalty for re-
porting to pilots
a false account
of a vessel's
draught of water,
or altering the
marks denoting
such draught.



coDdacting or piloting such his own ship or vessel from any of the placet
aforesaid, op or down the rivers Thames or Medway, or into or out of any
port or place within the jurisdiction of the Cinque Ports.

LXIII. Provided always, and be it further enacted, That when any ship
or vessel shall have been brought into any port or ports in England by any
pilot duly licensed, nothing in this act contained shall extend or be construed
to extend to subject to any penalty the master or mate, or other person be-
longing to such ship or vessel, and having the command thereof, or if in
ballast any person or persons appointed by any owner or master or aeent of
the owner thereof, for afterwards removing such ship or vessel in such port
or ports for the purpose of entering into or going out of any dock, or for
changing the moorings of such ship or vessel.

LXIV. And be it further enacted, That every master or other person
having the command for the time being of any ship or vessel, who shall re-
port, or be privy or consenting to any other person's reporting, to any pilot
taking the charge of such ship or vessel, a false account of the draught of
water of such ship or vessel, shall forfeit and pay for every such offence, in
addition to the payment of the full rate of pilotage to the pilot entitled
thereto, double the amount of such pilotage; and any master or other person



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 60 of 101)