Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 77 of 101)
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other act of parliament, law or charter, or by usage, upon such tertus and
conditions and in such manner as may appear desirable to such authority.

CCCXXXIII. Subject to the provisions contained in the fifth part of this Powers of pflot-
act, it shall be lawful for every pilotage authority, by byelaw made with *«* authorities.
the consent of her Majesty in council, from time to time to do all or any of
the following things within its districts; (that is to say,)

(I.) To determine the Qualifications to be required from persons applying To determine
to be licensed as pilots, whether in respect of their age, skill, time of JuJtlr^***^"* **'
service, character or otherwise : '

(2.) To make regulations as to the approval and licensing of pilot boats Tomakeregruia-
and ships, with power to establish and regulate companies for the sup- boats" ^ ^ °'
port of^ such boats and ships, and for a participation in the profits
made thereby ; the companies so established to be exempt from the
provisions of the act passed in the session holden in the seventh and
eighth years of the reign of her present Majesty, chapter one hundred
and ten, intituled ** An Act for the Registration, Incorporation and
Regulation of Joint Stock Companies :"
(8.) To make regulations for the government of the pilots licensed by To make reguia-
them, and for insuring their go(S conduct, and their constant attend- yeramcnt of *^
ance to and effectual performance of their duty, either at sea or on pUou;
shore :
(4.) To fix the terms and conditions of granting licences to pilots and To make regula-
apprentices, and of granting such pilotage certificates as hereinafter JJ^J'c^Scates^*
mentioned to masters and mates, and to make regulations for punish-
ing any breach of such regulations as aforesaid committed by such
pilots or apprentices or by such roasters and roates by the withdrawal
or suspension of their licences or certificates, as the case may be, or
by the infliction of penalties to be recoverable summarily berore two
justices, so that no such penalty be made to exceed the sum of twenty
pounds, and so that every such penalty be capable of reduction at the
discretion of the justices by whom the same is inflicted :



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ex



APPENDIX.



To alter and re-
duce rates of pi-
lotage;



To arrange the
limits of pilotage
dbtricts;



To esUblish
ftinds for super-
annuated pilots;



To alter byelaws.



Publication of
byelaws.



(5.) To fix the rates and prices or other remuneration to be demanded and
received for the time being by pilots licensed by such authority, or to
alter the mode of remunerating such pilots, in such manner as such
authority may, with such consent as aforesaid, think fit, so that no
higher rates or prices be demanded or received from the masters
or owners of ships in the case of the Trinity House than the rates
and prices specified in the table marked U. in the schedule hereto;
and in the case of all other pilotage authorities, than the rates and
prices which might have been lawfully fixed or demanded by such
pilotage authorities repectively under any Act of Parliament, charter
or custom in force immediately before the commencement of this
act:
(6.) To make such arrangements with any other pDotage authority for
altering the limits of their respective districts, and for extendmg the
powers of such other authority or the privileges of the pilots licensed
by such other authority or any of them to all or any part of its own
district, or for limiting its own powers or the privileges of its own
pilots or any of them, or for sharing the said last- mentioned powers
and privileges with the said other authority and the pilots licenised by
it, or for ddegating or surrendering such powers and privileges or any
of them to any otlier pilotage authority either already constituted or
to be constituted by agreement between such authorities, and to the
pilots licensed by it, as may appear to such pilotage authorities to be
desirable for the purpose of facilitating navigation or of reducing
charges on shipping :
(7.) To establish, either alone or in conjunction with any other pilotage
authority or authorities, funds for the relief of superannuated or infirm
qualified pilots, or of their wives, widows or children, or to make any
new regulations with respect to any funds already applicable to thte
above purposes or any or them, with power to determine the amonnt,
manner, time and persons (such persons to be in the service of snch
pilotage authority) to and in which and by and upon whom the con-
tributions in support of such existing or niture funds may be made or
levied ; and further, to declare the persons or class of persons, (such
persons or class of persons being confined to men in the service of such
pilotage authority, their wives, widows or children,) entitled to par-
ticipate in the benefits of such existing or future funds, and the terms
and conditions upon which they are to be so entitled :
(8.) To repeal or alter any byelaw made in exercise of the above powers,
and to make a new byelaw or new byelaws in lieu thereof:
And every byelaw duly made by any pilotage authority in exercise of the
powers hereby given to it shall be valid and efiectual, notwithstanding any
act of Parliament, rule, law or custom to the contrary.

CCCXXXIV. Every byelaw proposed to be enacted by any pilotage
authority in pursuance of the foregoing powers shall, before it is submitted
to her Majesty in council for her assent, be published in such manner as may
from time to time be prescribed by the Board of Trade.



Byelaws to be CCCXXXV. Every order in council made in pursuance of the provisions

laid before Pariia- hereinbefore contained shall be laid before both Houses of Parliament as soon
*"*° ■ as possible after the making thereof.



Power of appeal
to Board of
Trade.



CCCXXXVI. If the greater part in number of the qualified pilots belong-
ing to any port, or the local marine board, where there is one, or at any port
where there is no local marine boeu-d, if any masters, owners or insurers of
ships, being not less than six in number, consider themselves aggrieved by
any regulation or byelaw in force when this act comes into operation or here-
after made under some authority other than the provisions or this act, or by
any defect or omission therein, they may appeal to the Board of Trade, and



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17 & 18 Vict. c. 104. cxi

the said board may thereupon revoke or alter any such regulation or byelaw
or may make additions thereto in such manner as, having regard to the in-
terests of the persons concerned, may appear to be just and expedient; and
every order so made shall be conclusive in the matter. plhtage

Juthoritiet

Returns by Pilotage Authorities (General). {General).

CCCXXX VII. Every pilotage authority shall deliver periodically to the PUotage autho-
Board of Trade, in such form and at such times as such board requires, jSifrrturnVto
returns of the following particulars with regard to pilotage within the port the Board of
or district under the jurisdiction of such autnority ; (that is to say,) Trade of certain

(1.) AH byelaws, regulations, orders, or ordinances relating to pilots or Secte?iSth^p?-

pilotage for the time beine in force : lotage.

(2.) The names and ages of all pilots or apprentices licensed or authorized
to act by such authority, and of all pilots or apprentices acting either
mediately or immediately under such authority, whether so licensed
or authorized or not :
(8.) The service for which each pilot or apprentice is licensed :
(4.) The rates of pilotage for the time being in force, including therein the
rates and descriptions of all charges upon shipping made for or in
respect of pilots or pilotage :
(5.) The total amount received for pilotage, distinguishing the several
amounts received from British ships and from n>reign ships respec-
tively, and the several amounts received in respect of different classes
of ships paying different rates of pilotage, according to the scale of
such rates for the time being in force, and the several amounts received
for the several classes of service rendered by pilots; and also the
amount paid by such ships (if any) as have before reaching the outer
limits of pilotage water if outward bound, or their port of destination
if inward bound, to take or pay for two or more pilots, whether
licensed by the same or by different pilotage authorities; together
with the numbers of the ships of each of the several classes paying
such several amounts as aforesaid :
(6.) The receipt and expenditure of all monies received by or on behalf of
such authority, or by or on behalf of any sub- commissioners appointed
by them, in respect of pilots or pilotage :
And shaU allow the Board of Trade, or any persons appointed by such board
, for the purpose, to inspect any books or documents in its possession relating
to the several matters hereinbefore required to be retumea to the Board of
Trade.

CCCXXXVIII. If any of such pilotage authorities as aforesaid (other if local autho-
than the Trinity House, or sub-commissioners of pilotage appointed by it, as J{J*** '*^^^*
hereinafter mentioned), fail to deliver to the Board of Trade the periodical turmTtheir y^ru-
returns hereinbefore required within one year of such time as may be fixed diction may be
by such board for the purpose, or if any of such authorities do not allow the Staity^aM.^***
said board, or any persons who may be appointed by it for the purpose, to
inspect any books or documents in their possession relating to tne matters
hereinbefore reouired to be returned by them, it shall fcS lawful for her
Majesty, by and with the advice of her Privy Council, to direct that all the
ngbts and powers of such authorities in respect of pilotage shall cease or be
suspended during such time as her Majesty directs ; and thereupon the Trinity
House shall thereafter, or during such time as such suspension may continue,
have and exercise the same powers of appointing sub-commissioners of
pilotage, and of licensing pilots, and of establishing and altering rates of
pilotage, within the district within which 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 shdl 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



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CXIl



APPENDIX.



Returns to be
laid before Par-
liament.

Licensing of

Matters anaMales

(General).

Master or raate,
if examined and
passed, to receive
a pilotage certifi-
cate, enabling
him to pilot par-
ticular ships.



Renewal of pilot-
age certiflcaie.



Board of Trade
to examine and
grant pilotage
certificates to
mates, on pilot-
age authorities
refusing to do so.



Fees to be paid
upon such certifi*
cates and the re-
newals thereof.



pilotage authorities would or might haye had or exercised if not sosafpended
as aforesaid.

CCCXXXIX. The Board of Trade shall without delav cause the several
returns hereinbefore required to be made to such board to be laid before both
Houses of Parliament.

Licensing cfMcaters and Mates (General),
CCCXL. The master or mate of any ship may, upon giving doe notice,
and consenting to pay the usual expenses, apply to any pilotage anthority to
be examined as to his capacity to pilot the ship of which he is master or mate,
or an^ one or more ships belon^ng 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, coo-
taining his name, a specification of the ship or ships in respect of which be
has been examined, and a description of the limits within which he is to pilot
the same, such limits to be withm such jurisdiction as aforesaid; and nicfa
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 tbe
time, but no other, within the limits therein described, without incniring
any penalties for the non-employment of a qualified pilot

CCCXLI. The pilotage certificate so granted shall not be in force for
more than one year, unless the same is renewed, which may fitxn tune
to time be done by an indorsement under the hand of the secretary or
other proper officer of the authority by whom such certificate wu
granted.

CCCXLII. If upon complaint to the Board of Trade it appear to meh
board that any such authority as aforesaid has without reasonable oaose re-
fused 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 tbe
examination of any such master or mate has been unfoirly or improperly con-
ducted, or that any terms imposed or sought to be imposed by such antooritv
are unfair or improper, or that any pilotage certificate granted by saeb|
authority has been improperly withdrawn, the Board of Trade may, if in its
judOTient the circumstances appear to require it, appoint persons to extmiae
such master or mate, and if he is found competent may grant him a pilots^
certificate, containing the same particulars as would have been inserted m
any certificate granted by such pilotage authorities as aforesaid, upon socb
terms and conditions, and subject to such regulations, as such board oaj
think fit ; and such certificate shall have the same efft^t as if it had bees
granted by such pilotage authority as aforesaid ; and such certificate shall be
in force for one year, and may be renewed from year to ye*>S either by the
said authorities m manner hereinbefore 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.

CCCXLIII. All masters or mates to or for whom any such pilotage
certificates as aforesaid are granted or renewed by any pilotage aathonty
shall pay to such authority, or as it directs, such fees upon their respective
certificates and upon the renewals thereof, as are from time to time fixed for
that purpose by such anthority, with the consent of the Board of Trade; aw
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, socb
fees upon their certificates and upon the renewals thereof as may be fixed by



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17 & 18 Vict. c. 104. cxiii

such board, so Devertbeless that in the case of pilotage certificates granted or
fenewed 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
SQcb 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 applica-
ble 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
tuch certificates apply, in such manner as such board thinks fit.

CCCXLIV. If at any time it appears to the Board of Trade or to any Power to wHh-
pilotage authority that any master or mate to whom a pilotage certificate has ^^^ pilotage.
been granted by such Board or authority has been guilty of misconduct, or
has shown himself incompetent to pilot hi:* ship, such Board or such authority
(s» the case may be) may thereupon withdraw his certificate, and such cer-
tificate shall thenceforth cease to be of any effect whatever.

Pilot Boat*

Pilot Boats (General), {General).

CCCXLV. All boats and ships regularly employed in the pilotage service Pilot boats, how
of any district shall be approved and licensed by the pilotage authority of to be provided,
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 follow- Characterutict
ing characteristics ; ( that is to say,) ®' P"*** ^^^•*

(1.) A black colour painted or tarred outside, with the exception of such
names and numbers as are hereinafter mentioned ; or such other dis-
tinguishing 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 stafi^, or in some .
other equally conspicuous situation ; such fla^ to be of large dimen-
sions compared with the size of the boat or snip 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: nrst, 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 find
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.

CCCXLVII. Whenever any qualified pilot is carried off in a boat or ship Qualifled pilot to
not in the pilotage service he shall exhibit a fla^ of the above description, in f^JjJ*J Jjf {„
order to show that such boat or ship has a qualified pilot on board; and if he puot boat,
fails to do so, without reasonable cause, he shall incur a penalty not exceed-
ing fifty pounds.

CCCXLVIII. If any boat or ship, not having a licensed pilot on board, Penalty on ordi-
displays a f^«g of the above-mentioned description, there shall be incurred for JKi^^'t flag-
every such onence a penalty not exceeding fifty pounds, to be recovered from
the owner or from the master of such boat or snip.

APPDX. H



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CXIV



APPENDIX.



Pilot Licences
(General).

Registry of pilot
licence.



Copies of regula-
tions to be fur-
nished to quali-
fied pilot, and to
be produced by
him.



Qualified pilot to
produce licence
to employer.



Licences to be
delivered up,
when required,
and returned on
death.



Compulsory

Pilotage
{General).

Compulsory pi-
lotage, in what
mode to be en-
forced.



Home trade pas-
senger ships to
employ qualified
pilots, unless
they have certifi-
cated masters or
mates.



Pilot Licences {General),
CCCXLIX. Every •qualified pilot on his appointment shall reoeiTe a
licence, containing his name and usual place of abode, together with a de-
scription of his person,' and a specification of the limits within which he is
qualified to act: and i4; 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 considers
as an unqualified pilot

CCCL. Every qualified pilot shall, upon receiving his licence, be famished
with a copy of such part of this act as relates to pilotage, together with a
copy of the rates, bye-laws and regulations established within the district for
which he is licensed ; and he shall produce such copies to the master of any
ship, or other person employing him, when required to do so, under a penalty
in case of default not exceeding ^ve pounds.

CCCLI. Every qualified pilot, while acting in that capacity, shall be prth
vided with his licence, and produce the same to every person by whom be is
employed, or to whom he tenders his services as pilot; and if he refuses to do
so at the request of such person, he shall incur for each ofiTence a penalty not
exceeding ten pounds, and shall be subject to suspension or dismissal by the
pilotage authority by whom he is licensed.

CCCLI I. Every qualified pilot, when required by the pilotage authority
who appointed him, shall produce or deliver up bis licence; and on the death
of any qualified pilot the person into whose hands his licence happens to fall
shall without delay transmit the same to the pilotage authority who ap-
pointed the deceased pilot; and any pilot or person ftiiling to comply with
the provisions of this section shall incur a penalty not exceeding ten pounds.

Compubory Pilotage (General).
CCCLIIL Subject to any alteration to be made by any pilotage authority
in pursuance of the power hereinbefore in that behalf given, the employment
of pilots shall continue to 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 uncx-
empted 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 purpow,
either himself pilots such ship without possessing a pilotage certificate en-
abling him so to do, or employs or continues to employ an unqualified person
to pilot her, and every master of any exempted ship navigating withm anv
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 oflfence incur a penalty of
double the amount of pilotage demandable tor the conduct of such ship.

CCCLI V. The master of every ship carrying passengers between any place
situate in the United Kingdom, or the islands of Guernsey, Jersey, skrk,
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
bj' 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 hereinbefore contained, or such certi6-
cate as next hereinafter mentioned, being a certificate applicable to such dis-
trict and to such ship, employ a qualifieu pilot to pilot his ship ; and if he



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17 & 18 Vict. c. 104. cxv

£u]s so to do he shall for every offence incur a penalty not exceeding one
hundred pounds.

CCCLV. Any master or mate of a ship which by the last preceding section Certificate*, how
» made subject to compulsory pilotage may apply to the Board of Trade for luc^hSlSISi wd
a certificate, and the Board of Trade shall thereupon, on satisfactory proof mates.
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 commence-
ment 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 certihcate of competency or service obtained by him under
the third part of this act, a certificate to the effect that he is authorized to
pDot 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 de-



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 77 of 101)