Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 62 of 101)
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shall then pay to him such proportions of his yearly contribution as he may

think fit, so nevertheless that each such payment made at one time be either

two shillings or some multiple of two shillings.

ProTision for the XXVI. In the case of seamen who enter the royal navy and who desire to

STthe nary "^'^ Continue their contributions to the fund, such contributions shall be according

to the rate hereinbefore fixed for the case of seamen who are not dischar^

before a shipping master, and shall be paid in such manner as the Board of

Trade directs.



Sectians XXVIL, XXVIIL, XXXVL, LI. and LVL of this act were
repealed by 16 ^ 17 Vict, c. 131, s, 25.



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14 & 16 Vict. c. 102. xxi

Sections XXIX., XXX,, XXXL, XXXII., XXXIIL, XXXIV,,
XXXV., XXXVI., XXXVII,, XXXVIII. and LXL tcere repealed by
the Merchant Shipping Repeal Act, 1864. The later sections of this act
pnmded/ar the cUstnbution and management of the Merchant Seamen* s
Fund.



«•« The following Jctf with the exception qf tects. 3, 4, 5, 8, 10, 1 1, 12 and 18, and
$o much qf sect. 9 at relatet to the recovery qf Pilotage Rates by Cinque Port Pilots
Hctnted before the Act came into operation, has been repealed by the Merchant Shipping
Repeal Jet, 1854; the repealed sections are therefore omitted.

16 & 17 Vict. c. 129.

An Act further to amend the Law relating to Pilotage.

[20th August, 1853.]

Whereas it is expedient that the neht of piloting ships outwards from the
port of London, and the right of piloting ships inwards to the same port,
should be vested in one body of pilots, and that such pilots should be subject
to uniform authority and control ; be it enacted by the Queen's roost excellent
Majesty, by and with the advice and consent of the Lords Spiritual and Tem-
poral, and Commons, in this present Parliament assembled, and by the autho-
rity of the same, as follows :

I. Repealed so much of 6 Geo. 4, c. 125, as relates to Cinque Port pilots, Union of Trinity
and of the whole ofd Geo. 4, c. 86. "'^J^VpiuuT^

II. EnabUng the Trirdty House to license pilots for the passage from
Dungeness inwards us well as outwards.

III. All Cinque Port pilots duly licensed and authorized before this act Prwent cinque
comes into operation to pilot any vessels from Dungeness or the Downs up fomiSenVtopOot
the rivers Thames or Medway shall, notwithstanding the repeal and enact- veMels either in-
ment hereinbefore contained, be authorized to pilot the like vessels within the JJJ^i'^Jv^iimiu*
same limits and in the same manner within and in which they mi^ht have for which Wy an
lawfully piloted the same before the passing of this act according to uie terms now licensed.

of their existing licences, and shall also by virtue of such existing licences
(without any licence from the Trinity House in that behalf) be authorized to
pilot the like vessels down the said rivers Thames and Medway, or from those
rivers to the Downs or Dungeness, or from the west end of the Owers to the
south buoy of the Brake, within the limits within which such existing licences
authorize them to act in piloting such vessels from the Downs to the said
rivers, and up the same, or from the south buoy of the Brake to the west
end of the Owers ; and it shall be lawful for the Trinity House by a supple-
mental licence to authorize any such Cinque Port pilot to pilot any vessels in
any parts of the rivers Thames and Medway, or in any of the seas or channels
leading to or from such rivers to which his existing licence may not extend,
after examination in respect of the further limits within which he is to be so
licensed to act, and upon the payment of such fee, if any, as the said Trinity
House may, with the consent of the Board of Trade, appoint for the pur-
pose ; and such supplemental licence shall be taken to be part of and to be
held upon the same conditions and subject to the same regulations in all
respects as such existing licence.

IV. The said Cinque Port pilots who have been so licensed as aforesaid The aboTe-nen-
before this act comes into operation shall be subject to all the provisions of port^PUott^^be
the said act of the sixth year of King George the Fourth, chapter one hundred sabject to the
and twenty-five, and of any other act now in force, which relate to pilots •*'°® "{'••i**'*
licensed by the Trinity House, (except such of them as are contained in the puJSt*'' ^"^



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XXH



APPENDIX.



limits of their
licences.



fonrtfa section of the said act of tbe sixth year of King Greorge the Foarth,)
and shall likewise be subject to the government and regalations of the Trini^
House, and to all bye-laws, rules, orders or ordinances duly issued by it ior
the purpose of insuring the good conduct and constant attendance of pilots
upon their duty, and to such penalties as may be duly annexed to tbe breach
of the said regulations, bye-laws, rules, orders or ordinances, in the same
manner and to the same extent in and to which pilots licensed by tbe said
Trinity House are subject thereto.

Present TriDit7 Y. All pilots licensed before this act comes into operation by the mmI
5iot*sWps in-™*^ Trinity House to pilot any vessels upon the rivers Thames and Medway, or
tlards within the from London Bridge to the Downs, or from the Isle of Wight to lx>DfloB
Brid^, shall be authorized to pilot the like vessels from or bv Dun^ness up
the rivers Thames and Medway, and from the south buoy of the Brake to the
westward to the end of the Owers, or within such or so much of the same
limits as under their present licences they might act within in piloting: such
vessels down the said nvers or outwards or to the westward : Provided always,
that nothing herein contained shall be deemed to confer any privilege of
piloting above Gravesend and Stangate Creek respectively upon any pilots by
whatever authority they may be licensed, except with the concurrenca of the
Trinity House in the case of each pilot

VI. Enabling the Trinity House to make regulations for a constant svpphf
of pilots at Dungeness,

YII. Directing that vessels coming peat DungenesSy not having a pUoi
already on boards should take the first qualified pilot who offered.

Rates to be de- YIII. Until any such alteration as hereinaflcr provided for be made, the

hitherto *^°^-"*^*' ^^ ""^ prices to be demanded and received by all pilots performing tbe
fonne/by^cinque duties hitherto performed by Cinque Port pilots shall be such rates and
Port Piiou. prices as have immediately before this act comes into operation been lawfully

demanded and received by such last- mentioned pilots; and it shall be lawful
for the said Trinity House to increase, reduce, alter or modify all or any of
the said rates or prices, or to substitute other rates or prices in lieu thereof, with
the same consent, in the same manner, and subject to the same conditions with,
in and subject to which the Trinity House is empowered to increase, reduce,
alter and modify tlie rates and prices to be demanded and received by pilots
licensed by it, or to substitute other rates and prices in lieu of such last-men-
tioned rates and prices, but so that in no case shall any higher rate be im-
posed or demanded than might have been imposed or demanded if this act
nad not passed.

IX. All rates and prices which may be lawfnlly demanded or received by
the said Cinque Port pilots licensed before this act comes into operation, or
by any other pilots licensed by or under the government of the Trinity
House, shall be recoverable in the same manner in which rates and prices
lawfully demanded or received by pilots licensed by the Trinity House under
the said act of the sixth year of King Georffe the Fourth are by that act
made recoverable ; and all rates or prices which may be lawfully demanded
or received by any pilots under the government of the said Trinity House for
the pilotage of foreign vessels, the owners, masters, agents or consi^ees of
which claim, by virtue of any treaty of reciprocity, to be entitledf to the
privileges of Bntish vessels, shall be recoverable from the same persons, in
the same manner, and subject to the same conditions from whom and in and
subject to which pilotag^e rates on British vessels are recoverable ander the
forty- fourth and forty- fifth sections of the said act

X. All property of every kind, whether real or personal, which m&j be-
long to or be held by the Court of Loadmanage or the said Society of Cinque



Exiffthig Cinque
Port Pilots should
have same reme-
dies for the reco-
very of rates as
Trinity House
Pilots.

Rates on foreign
vessels claiming
benefit of reci-
procity treaties.



Property of So-
ciety of Cinque
Port Pilots to be



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16 & 17 Vict. c. 129. xxiii

Port Pilots, or any branch thereof, or any officer of the said society, or any Sm^'i'^'TS^ ^
other person as trustee for the said society, or any branch thereof, or which ^^ House.
may be legally applicable for the benefit of the said society or of tbe members
thereof, or for any purposes connected with pilotage (including a piece of
land near Dover which was by indentures of lease and release, dated respec-
tively the sixteenth and seventeenth days of August, one thousand seven
bnnclred and twenty-six, conveyed to trustees therein named, upon certain
trusts, for the poor of the Trinity House of Doyer^, shall, upon the passing
of this act, belong to and become vested in the Trinity House of Deptfora
Strond ; and the said Trinity House shall have power to sell the same or any
part thereof as occasion may require, and to give full discharges for the pur-
chase money of any part thereof which ma^ be sold ; and all monies which if Payments to
this act had not parsed would have been paid for any purpose connected with pnotsFund to be
the reh'ef or benefit of Cinque Port pilote, their appointees, widows or issue, made henceforth
either in respect of surplus duties on foreign vessels, or by way of fees or ^ '*»• Trinity
contributions from Cinque Port pilots licensed before this act comes into ^^^'^
operation, and all sums which would if this act had not passed been payable
by such pOots as Trini^ money or clerks fees, and all penalties or fines pay-
able by or in respect of such pilots, shall, save as such contributions, Tnnity
money or clerks fees may be varied or remitted under the regulations to bie
made and approved as hereinafter mentioned, and save also such of the said
contribadons as may cease by reason of any such purchases or commutations
of claims as hereinafter provided for, be paid to the Trinity House, and the
said property and monies shall be carried to and form part of the pilotage
fiinds of the Trinity House.

XI. The said Trinity House shall, out of their said pilotage fund, pay all Trinity House to
debts, if any, lawfully and properiy incurred by the said Court of Load- JetUeuJJ^fnS!
manage before this act comes into operation, and also such compensation or of persons now in
superannuation allowances (if any) as the Board of Trade may m its discre- receipt of relief,
tion allow to any persons now in the employ or service of the Court of Load- Sique*Port
manage, or of the Lord Warden of the Cinque Ports, or of the Society of PUots.
Cinaue Port Pilots, who may be deprived of Ealaries or emoluments by reason
of tne passing of this act, so that no such compensation or superannuation
allowance shall exceed the proportion of salary or emoluments which might
be granted under similar circumstances to a person in tbe public civil service
under the act of the fourth and fifth years of King William the Fourth,
chapter twenty-four; and may in the next place, subject to the regulations to
be made and approved as hereinafter mentioned, either purchase out of the
said funds the claims of all or any of the persons who, but for the passing of
this act, would have been in the receipt or pensions or other relief, either out
of the said Cinque Port Pilots Fund, or under any bye-laws of the said
society now in force, or who have already paid widows dues, or have other-
wise contributed to the relief of superannuated Cinque Port pilots, or of the
widows, appointees or issue of Cinque Port pilots, such purchases to be made
upon such terms as may be determmed by tne said regulations, or may, sub-
ject as aforesaid, continue to pay out of the said funds pensions or other relief
to all or any of tbe persons who might if this act had not passed have received
the same out of the said funds, or under any bye-laws of the said society now
in force, such pensions or other relief to be of such amount as may be deter-
mined by the said regulations to be made and approved as hereinafter men-
tioned ; and the Trinity House may, subject to such regulations, make Trinity House
arran^ments for enabling any person who, but for the passing of this act, jSH'clnque Poti*"
wonld be entitled to a pension or other relief under the bye-laws of the said puots to pur-
Society of Cinque Port Pilots now in force, or any Cinque Port pilot licensed ^^Ic Trtofty^*
before this act comes into operation, to purchase an interest in the said House puou
Trinity House Pilots Fund ; and the terms of such purchase, including the Pond.
amount and nature of such interest, and the consideration payable for the
same, shall be determined by such regulations as aforesaid ; and every Cinque
Port pilot who chooses to make such purchase shall thereafter pay to the said



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XXIV



APPENDIX.



As to chalet on
Trinity House
Pilotage Fund,
and its future
management.



Recital of prin-
ciples upon which
claims of Cinque
Port Pilots are to
be settled.



Trinity House,
with consent of
Board of Trade,
may make regu-
lations for settling
the above claims.



Trinity House the same contributionB, whether by way of poundage or
otherwise, as are for the time being payable by pilots licensed by the Trinkj
House.

XII. The said Trinity House shall also out of their said pilotage funds pay
all such superannuation allowances or other relief to pilots licensed by thera
before this act comes into operation, or to the widows and children of such
pilots, as might have been payable by the said Trinity House if this act had
not passed; and, subject to the charges aforesaid, the said Trinity House
Pilots Fund shall be chargeable in the first instance with such expenses as
the said Trinity House may duly incur in the performnnce of its dudes in
respect of pilots and pilotage, so nevertheless that no superann nation allow-
ance to any person in the employ of the said Trinity House which is included
in such eicpenses shall exceeid toe proportion of bis salary which might be
granted under similar circumstances to a person in the public civil service
under the act of the fourth and fifth years of King William the Fourth,
chapter twenty-four, or under any other act for regulating such superannu-
ation allowances for the time being in force ; and, subject thereto, the said
Trinity House Pilots Fund shall be administered by the said Trinity House
for the benefit of such pilots licensed by the said Trmity House after this act
comes into operation as are incapacitated for the performance of their duty by
reason of age, infirmity or accident, and of the widows and children of pilots
so licensed, or of such incapacitated pilots only, upon such conditions and
under such regulations as the said Trinity House, with the consent of the
Board of Trade, may think fit to adopt; and if it appears to the said Trinity
House that the contributions for the time being payable to the said Trinity
House Pilots Fund are insufficient to enable tfiem to grant allowances of
proper and adequate amount, it shall be lawful for the said Trinity House,
with such consent and subject to such regulations as aforesaid, from time to
time to increase and alter the amount of the annual contribution, or of the
poundage upon the sums earned by pilots, which under the fourth section of
the said act of the sixth year of the reign of King George the Fourth, chapter
one hundred and twenty-five, pilots licensed by the said Trinity House are
required to pay to the said pilotage fund.

XIII. And whereas it is intended that Cinque Port pilots licensed before
this act comes into operation, their widows and appointees, shall, as a body,
receive, under the provisions hereinbefore contained, benefits equai in amount
to the benefits which they might lawfully and properly have received out of
the several funds and payments so transferred to the Trinity House as afore-
said if this act had not passed : And whereas it has been estimated that the
funds and payments so transferred, including the principal as well as the
interest of the said funds, would, if duly applied, he sufficient to carry the
said intention into eflTect; but in consequence of the numerous contingencies
involved it is impossible to calculate with certainty the amount which will be
necessary for that purpose, or to determine witb precision the manner in
which such amount shall be applied, and it is therefore expedient that all due
claims of the said Cinque Port pilots, their widows, appointees and issue,
should be provided for by the said Trinity House out of their general pilotage
funds as hereinbefore provided, and that the Board of Trade and the Trinity
House should be intrusted with such powers as are necessary for settling the
said claims, and for carrying into efiect the provisions hereinbefore contained
in respect thereof: be it enacted, that for the purpose of carrying the said
intention and provisions into efiect, the said Trinity House may, with the
approval of the Board of Trade, ^m time to time make regulations for
altering and determining the payments and contributions to be made by
Cinque Port pilots licensed before this act comes into operation, and tir
settling, purchasing and commuting the claims of persons now in receipt of
relief n-om the said Cinque Port Pilots Fund, and of the said Cinque Port
pilots licensed before this act comes into operation, their widows, appointees



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16 & 17 Vict. c. 129.

and isBiie, and for detennining the terms and conditions on whicb such settle-
ment 18 to be made; and in framing such regulations due regard shall be had
to the intention hereinbefore expressed ; and the said Trinity House may also,
with such consent as aforesaid, from time to time make regulations for the
future management of the Trinity House Pilots Fond, and also for the
management and maintenance of any pilot boats or cutters belonging to the
said Cinque Port pilots, or to any pilots for the time being under the govern-
ment of the said Trinity House, and for the distribution of the earnmgs (if
any) of such boats or cutters, and for the succession to, purchase of or transfer
of any interests therein ; and all such regulations, after being approved of by
the Board of Trade, shall be binding upon all parties.



XXV



17 Vict. c. 5.

An Act to admit Foreign Ships to the Coasting Trade,

t23rd March, 1854.]

Whbrbas by the one hundred and fifty-second section of the Customs Con- Recital of is & 17
solidation Act, 1863, it is enacted. That no goods or passengers shfdl be carried JJ|'^i \^{ "'
coastwise from one part of the United Kingdom to another except in British *°
ships : And whereas by the one hundred and ninety-first section of the
same act it is enacted, That no goods or passengers shall be imported into the
United Kingdom from the Channel Islands or exported from the United
Kingdom to the said islands, or carried from one of the said islands to an-
other, or from one part of any of the said islands to another part thereof, ex-
cept in British ships : And whereas it is expedient to remove the restrictions
contained in the said recited enactments : Be it enacted by the Queen's most
excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows :

I. The enactments hereinbefore recited, that is to say, the one hundred Repeal of the re-
and fifty-second and the one hundred and ninety-first sections of the said ****** enactmenu.
Customs Consolidation Act, 1853, shall be repealed from the passing of this

act : Provided, that it shall be lawful for her Majesty to exercise, in respect The Queen
of foreign ships employed in the coasting trade as aforesaid, and of goods enaWcd f?J»«'-
carried coastwise in such ships, such or the like powers as are conferred on ^wenl as in %
her Majesty by the three hundred and twenty-fourth, three hundred and & 17 vict. c i07,
twenty-fifth, and three hundred and twenty-sixth sections of Uie said Cus- JJi^^*' '^ *°*
toms ConsoUdation Act, 1853, in respect of foreign ships employed in the
oversea trade, and of goods exported or imported in such ships.

II. Every foreign ship which after the passing of this act is employed in Foreign ships in
carrying goixls or passengers coastwise from one part of the United Kin^om {J b^JjJf/JJ**"
to another, or from the islands of Guernsey, Jersey, Alderney, Sark or Man, the Lme mie8**af
to the United Kingdom, or from the United Kingdom to any of the said British ships.
islands, or from any of the said islands to any other of them, or rrom any part

of any one of the said islands to any other part of the same, shall be subject,
as to stores for the use of the crew, and in all other respects, to the same
laws, rules and regulations to which British ships when so employed are now
subject

III. No foreign ship which after the passing of this act is employed in the Foreign ships
coasting trade as aforesaid, nor any goods carried in any such snip, shall, *'"^!?^*1,^****o*
during the time such ship is so employed, be subject to any higher or other She subject^?
rate of dock, pier, harbour, light, pilotage, tonnage or other dues, duties, tolls, bigher rates than

British ships.



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XXVI



APPENDIX.



rates or other charges whatsoever, or to aoy other rales as to the employment
of pilot8, or any other rules or restrictions whatsoever, than British ships
employed in like manner, or goods carried in such ships, any law, charter,
special privilege, or grant to the contrary notwithstanding ; nor shall anv
body corporate or person having or claimmg any right or title to any soca



body corporate or person having or claimmg any right or title to any si
higher or other rates, dues, duties, tolls or other charges as aforesaid be en-
tiued to any compensation in respect thereof under any law or statute relating'
thereto, or otherwise howsoever.

Foreip steam IV. And whereas it is expedient to provide for the safety of paasoigar

passenMrTcoaft- 8*^™®™ : be it enacted, that every foreign steam vessel cairying passengers
wise to be subject from One place to another on the coast of the United Kingdom of Great
to provisions of Britain and Ireland and the Channel Islands shall be subject to the provisions
c 79. of the Steam Navigation Act, 1861 (a).



Preliminary,
Short title of act.



Interpretation of
certain terms in
this act.



17 & 18 Vict. c. 104.

An Act to amend and consolidate the Acts relating to Merchant

^Shipping. [10th August, 1854.]

Whrreas it is expedient to amend and consolidate the acts relating to Mer-
chant Shipping : be it therefore enacted by the Queen's most exoeUent
Majesty, by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows :

Preliminary.

I. This act may be cited for all purposes as " The Merchant Shippinsr
Act, 1864." ^ ^ ^ ^^^

II. In the construction and for the purposes of this act (if not inconsistent
with the context or subject matter) the following terms shall have the respec-
tive meanings hereinafter assigned to them ; that is to say,

" Her Majesty's Dominions" shall mean her Majesty's dominions strictly
so called, and all territories under the government of the East India
Company, and all other territories (if any) governed by any charter
or licence from the Crown or Parliament of the United Kingdom :

" The United Kingdom " shall mean Great Britain and Ireland :

'' British Possession " shall mean any colony, plantation, island, territory
or settlement within her Majesty's dominions, and not within the
"United Kingdom:"

" The Treasury" snail mean'the Commissioners of her Majesty's Treasury :

"The Admiralty" shall mean the Lord High Admiral or the Commis-



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 62 of 101)