Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 78 of 101)
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scribed to the same extent as if the last preceding section had not been passed,
but not further or otherwise ; and every such master or mate shall, upon ap-
plying for such certificate or for any renewal thereof, pay to the Board of
Trade, or as it directs, such fees not exceeding the fees payable on an exami-
nation for a master's certificate of competency under the third part of this act
as the Board of Trade directs ; and such fees shall be applied in the same
manner in which the fees payable on such last-mentioned examination are _ . . , _ . .,
made applicable. ai^R^JLtJ^SSi

of Pilots

Big/Us, Privileges and Bemuneration of Pilots (General). {Oenerai).

CCCLVI. If any boat or ship, having a qualified pilot on board, leads any Qualified pilot
ship which has not a qualified pilot on board when such last-mentioned ship when otuS^S to
cannot from particular circumstances be boarded, the pilot so leading such pilotage,
last-mentioned ship shall be entitled to the full pilotage for the distance run
as if be had actually been on board and had charge of such ship.

CCCLVII. No pilot, except under circumstances of unavoidable necessity. Allowance to
shall without his consent be taken to sea or beyond the limits for which he is tSte?out^ofhif
licensed in any ship whatever ; and every pilot so taken under circumstances district,
of unavoidable necessity or without his consent shall be entitled, over and
above his pilotage, to the sum of ten shillings and sixpence a day, to be com-
puted from and inclusive of the day on which such ship passes the limit to
which he was engaged to pilot her up to and inclusive of the day of his being
returned in the said ship to the place where be was taken on board, or up to
and inclusive of such day as will allow him, if discharged from the snip,
sufficient time to return thereto ; and in such last- mentioned case he shall be
entitled to his reasonable travelling expenses.

CCCLVIII. Any (qualified pilot demanding or receiving, and also any Penalty onquail-
master offering or paymg to any pilot, any other rate in respect of pilotage fn^ormaater ^
services, whe£er greater or less, than the rate for the time being demand- offering improper
able by law shfSi for each offence incur a penalty not exceeding ten ^^•
pounds.

CCCLIX. If any master, on being requested by any qualified pilot having ^^^^^"^ J°jy,^
the charge of his ship to declare her draught of water, refuses to do so, or declaration as to
himself makes or is privy to any other person making a false declaration to draught of ship
such pilot as to such draught, he shall incur a penalty for every such offence JJiJi^jJ*^*"'
not exceeding double the amount of pilotage which would have been payable
to the pilot making such request ; and if any master or other person interested
in a ship makes or is privy to any other person making any fraudulent
alteration in the marks on the stem or stem post of such ship denoting her

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CXVl



APPENDIX.



Power of quali-
fied pilot to su-
persede unquali-
fied pilot.



Penalty on un-
qualified person
acting as pilot.



draught of water, the offender shall incur a penalty not exceeding five hmi-
dred pounds.

CCCLX. A qualified pilot may supersede an unqualified pilot, hot it shall
be lawful for the master to pay to such unqualified pilot a proportionate tmm
for his services, and to deduct the same from the charge of the qualified
pilot; and in case of dispute the pilotage authority by whom the qualified
pilot is licensed shall determine the proportionate sums to which each party
IS entitled.

CCCLX I. An unqualified pilot assuming or continuing in the charge of
any ship after a qualified pilot has offered to take charge of her, or osing a
licence which he is not entitled to use for the purpose of making himself ap-
pear to be a qualified pilot, shall for each offence incur a penalty not exceed-
ing fifty pounds.

Occasions on . CCCLXII. An unqualified pilot may, within any pilotage district, without

which unlicensed gubjccting himself or bis employer to any penalty, take charge of a ship ss
E pUots. *^ pilot under the following circumstances ; (that is to saj%)

When no qualified pilot has offered to take charge of such ship, or made a

signal for that purpose ; or
When a ship is in distress or under circumstances making it necessary for
the master to avail hhnself of the best assistance which can be toond at
the time ; or
For the purpose of changing the moorings of any ship in port, or of taking
her into or out of any dock, in cases where such act can be done by an
unqualified pilot without infringing the regulations of the port or any
orders which the harbour master is legally empowered to give.

Liability for and CCCLX II I. The following persons shall be liable to pay pilotage dues for
Me°duM.^^^"**'' any ship for which the services of a qualified pilot are obtained ; (that is to
say,) the owner or master, or such consignees or agents thereof as have paid
or made themselves liable to pay any other charge on account of such ship in
the port of her arrival or discharge, as to pilotage inwards, and in the port
from which she clears out as to pilotage outwards; and in default of payment
such pilotage dues may be recovered in the same manner as penalties of the
like amount may be recovered by virtue of this act; but such recovery shall
not take place until a previous demand thereof has been made in writing,
and the dues so demanded have remained unpaid for seven days after the time
of such demand bein^ made.



Power for con-
signees to retain
pilotage duet
paid by them.



Offences of PUott
(General).

Penalties on qua-
lified pUot :

exercising cer-
tain trades;



offending against
revenue ;

guilty of corrupt
practices;



CCCLXiy. Every consignee and agent (not being the owner or masto)
hereby made liable for the payment of pilotage dues in respect of any ship
may, out of any monies in his hands received on account of such ship or be-
longing to the owner thereof, retain the amount of all dues so paid by him
together with any reasonable expenses he may have incurred by reason of
such payment or liability.

Offences of Pilots (General).
CCCLXV. If any qualified pilot commits any of the following offences,
(that is to say,)
(I.) Keeps himself, or is interested in keeping by any agent, servant, or

other person, any public house or place of pubhc entertainment, or

sells or is interested in selling any wine, spirituous liquors^ tobacco or

tea:
(2.) Commits any fraud or other offence against the revenues of customs or

excise or the laws relating thereto :
(3.) Is in any way directly or indirectly concerned in any corrupt practices

relating to ships, their tackle^ furniture, cargoes, crews or passengen.



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(6.)
(7.)



17 & 18 Vict. c. 104. cxvii

or to persons in distress at sea or by shipwreck, or to their monies,

CmIs or chattels :
nds his licence : lending licence;

(5.) Acts as pilot whilst suspended : acting when tut-

Acts as pilot when in a state of intoxication : pendcd;

Employs or causes to be employed on board any ship of which he has Srunf T***"
the charge any boat, anchor, cable or other store, matter or thing be- unnecessarily
yond what is necessary for the service of such ship, with the intent to causing expense;
enhance the expenses of pilotage for his own gain or for* the gain of
any other person :
(8.) Refuses or wilfully delays, when not prevented by illness or other declining to go
reasonable cause, to take charge of any ship within the limits of his ^^''
licence upon the signal for a pilot being made by such ship, or upon
being required to do so by the master, owner, agent or consignee
thereof, or by any officer of the pilotage authority by whom such pilot
is licensed, or by any principal officer of customs :
(9.) Unnecessarily cuts or slips or causes to be cut or slipped any cable be- nnnecessarily
londng to any ship : pjng^bie? ^

(10.) Refuses, on the request of the master, to conduct the ship of which refusing to con-
he has the charge into any port or place into which he is qualified duct ship into
to conduct the same, except on reasonable ground of danger to the ^^'
ship:
(11.) Quits the ship of which he has the charge, without the consent quitting ship,
of the master, before the service for which he was hired has been
performed :
He shall for each such offisnce, in addition to any liability for damages at the
suit of the person aggrieved, incur a penalty not exceeding one hundred
pounds, and be liable to suspension or dismissal by the pilotage authority by
whom he is licensed ; and every person who procures, abets or connives at the
commission of any such offence shall likewise, in addition to any such liability
for damages as aforesaid, incur a penalty not exceeding one hundred pounds,
and, if a qualified pilot, shall be liable to suspension or dismissal by the pilot-
age authority by whom he is licensed.

CCCLXVI. If any pilot, when in charge of any ship, by wilful breach of f^JJ^^y^P^gJ}
duly or by neglect of duty, or by reason of drunkenness, does any act tending ufo,*ofiim?.* ^'
to the immediate loss, destruction or serious damage of such ship, or tending
immediately to endanger the life or limb of any person on board such ship ;
or if any pilot, by wilful breach of duty or by neglect of duty, or by reason
of drunkenness, refiises or omits to do any lawful act proper and requisite to
be done by him for preserving such ship from Ioas, destruction or serious
damage, or for preserving any person belonging to or on board of such
ship from danger to life or limb, the pilot so offending shall for each
such ofience be deemed guilty of a misdemeanor, and, if a qualified pilot,
also be liable to suspension and dismissal by the authority by which he is
licensed.

CCCLXVII. If any person, by wilful misrepresentation of circumstances Penalty on pilot
upon which the safety of a ship may depend, obtains or endeavours to obtain ihiM^ng htr
the charge of such ship, such person, and every other person procuring, abet- wilful injury,
ting or conniving at the commission of such onence, shall, in addition to any
liability for damages at the suit of the party aggrieved, incur a penalty not
exceeding one hundred pounds, and if the offender is a qualified pilot, he shall
also be liable to suspension or dismissal by the pilotage authority by which
be is licensed.

General Power of

General Potcer of Trinity House. TrimtyHouse.

CCCLXVIII. The Trinity House may, in exercise of the general power Power of Trinity
hereinbefore given to all pilotage authorities of doing certain things in rela- reguuttons.^'
tion to pilotage matters, alter such of the provisions hereinafter contained



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CXTIU



APPENDIX.



Sub-CommU-
iioMTt and Pilot*
{Triniip House).

Power of Trinity
House to appoint
Sab-Commi»-
•ionen.



Trinity House to
license pilots to
act within certain



as are expressed to be subject to alteration by them in the
and to the same extent as they might have altered the same if sach pro-
visions had been contained in any previous act of Parliament instead of in
this act.

Sub' Commissioners and Pilots {Trimty House),
CCCLXIX. The Trinity House shall continue to appoint sub-commiasion-
ers, not being more than nve nor less than three in number, for the purpose
of examining pilots in all districts in which they have been used to malce such
appointments, and may, with the consent of her Majesty in council, but not
otherwise, appoint like sub-commissioners for any other district in which no
particular provision is made by any act of Parliament or charter for the ap-
pointment of pilots ; but no pilotage district already under the authority of
any sub-commissioners appomted by the Trinity House shall be extended,
except with such consent as aforesaid, and no sub-commissioners so ap-
pointed shall be deemed to be pilotage authorities within the meaning of this
act.

CCCLXX. The Trinity House shall continue, after due examination bj
themselves or their sub-commissioners, to appoint and license under their
common seal pilots for the purpose of conducting ships within the limits fol-
lowing or any portion of such limits ; (that is to say,)

(1.) "The London District," comprising the waters of the Thames and
Medway as high as London Bridge and Rochester Bridge respectively,
and also the seas and channels leading thereto or therefrom as far as
Orfordness to the north and Dungeness to the south ; so nevertheless,
that no pilot shall be hereafter licensed to conduct ships both above
and below Gravesend :

(2.) " The English Channel District," comprising the seas between Dun-
geness and the Isle of Wight :

(3.) ** The Trinity House Outport Districts," comprising any pflotage dis-
trict for the appointment of pilots within which no particular provisioB
is made by any act of Parliament or charter.

Publication of CCCLXXL Subiect to any alteration* to be made by the Trinity House,

notice of licences the names of all pilots licensed by the Trinity House shall be published in

Trfiiity*HJiie*of manner following; (that is to say,)

puota. (1.) The Trinity House shall at their house in London fix up a notice

specifying the name and usual place of abode of every pilot so licensed,
and the limits within which he is licensed to act :
(2.) The Trinity House shall transmit a copy of such notice to the Com-
missioners of Customs in London, and to the principal officers of customs
resident at all ports within the limits for which such pilot is licensed ;
and such notice shall be posted up by the Commissioners at the Custom
House in London, and by such officers at the custom houses of the
ports at which they are respectively resident

Bonds to be CCCLXXII. Subject to any alteration to be made by the Trinity House,

given. every Trinity House pilot on his appointment shall execute a bond for one

hundred pounds conditioned for the due-observance on his part of the regu-
lations and bye-laws of the Trinity House, such bond to be free from stamp
duty, and from any other charge except the actual expense for preparing the
same.

Liability limited. CCCLXX I IL No qualified pilot who has executed such bond as is herein-
before mentioned shall be liable for neglect or want of skill beyond its penalty
and the amount of pilotage payable to him in respect of the voyage on which
he is engaged.

rtn°ewia?f u-*"^ CCCLXXIV. Subject to any alteration to be made by the Trinity House,
cences. no licence granted by them shall continue in force beyond the thirty-first day



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17 & 18 Vict. c. 104. cxix

of January next ensoing the date of such licence, but the same may, upon
the application of the pilot holding such licence, be renewed on such thirty-
first day of January in every year, or any subsequent day^ by indorsement
under the hand of the secretary of the Trinity House, or such other person
as may be appointed by them K>r that purpose.

CCCLXXV. The Trinity House shall have power to revoke or suspend ^^^ff g'**"JjM
the licence of any pilot appointed by them, in such manner and at such time S'nce*.*'***" *
as they think fit

Compulsorp

Compulsory Pilotage {Trinity House). {TrinityUwue),

CCCLXXVI. Subject to any alteration to be made by the Trinity House, penaitvon ma»-
and to the exemptions hereinafter contained, the pilotage districts of the t«n of ships em-
Trinity House within which the employment of pilots is compulsory are the ploying unil-
London district and the Trinity House outport districts, as hereinbefore de- JJuIfg « pui't^'
fined ; and the master of every ship navigating within any part of such district
or districts, who, after a qualified pilot has ofiered to take charge of such ship,
or has made a signal for that purpose, either himself pilots sucli ship without
possessing a certificate enabling him so to do, or employs or continues to
employ an unqualified person to pilot her, shall for every such offence, in ,
addition to the penalty hereinbefore specified, if the Trinity House certifyr in
writing under their common seal that the prosecutor is to be at liberty to pro-
ceed ror the recovery of such additional penalty, incur an additional penalty
not exceeding ^\q pounds for every fifty tons burden of such ship.

CCCLXXVI I. Subject to any alteration to be made by the Trinity House, Trinity House to
a sufficient number oi qualified pilots shall always be reaSy to take charge of ?**^« regulations
ships coming from the westward past Dungeness; and the Trinity House guppiy^ofouaii-
shall, by bye-law to be made in the same manner as other bye-laws made fled pUots at
under tne powers herein contained, make such regulations with respect to the Dungeness.
pilots under their control as may be necessary in order to provide for an un-
intermitted supply of qualified pilots for such ships, and to insure their con-
stant attendance upon and due performance of their duty both by night and
day, whether by cruizing between the South Foreland and Dungeness, or by
going off from shore upon signals made for the purpose, or by both of such
means, or by any other means, and whether in rotation or otherwise, as the
Trinity House think ^i,

CCCLXXVni. Subject to any alteration to be made by the Trinity House, Ship coming past
every master of any ship coming from the westward, and bound to any place hav^ng^pUot^on
in the rivers Tliames and Medway, (unless she has a qualified pilot on board board to take the
or is exempted from compulsory pdotage,) shall, on the arrival of such ship off fi^t quaiifiwf
Dungeness, and thenceforth until she has passed the south buoy of the Brake, P"*** ***® ^ '
or a line to be drawn from Sandown Castle to the said buoy, or until a
qualified pilot has come on board, display and keep flying the usual signal
for a pilot ; and if any qualified pilot is within hail, or is approaching and
within half a mile, and has the proper distinguishing fiag fiying in his boat,
such master shall, by heaving-to in proper time or shortening: sail, or by any
practicable means consistent with the safety of his ship, facilitate such pilot
getting on board, and shall give the^arge of piloting his ship to such pilot;
or if there are two or more of such pilots offering at the same time, to such
one of them as may, according to the regulations for the time being in force,
be entitled or required to take such charge ; and if any such master fails to Penalty on mas-
display or keep flying the usual signal for a pilot in manner hereinbefore Jf"p[Jy uf^^
required, or to facilitate any such qualified pilot as aforesaid getting on board signal for pilot.
as hereinbefore required, or to ^ive the charge of piloting his ship to such
pilot as hereinbefore mentioned in that behalf, he shall incur a penalty not
exceeding double the sum which might have been demanded for the pilotage
of bis ship, such penalty to be paid to the Trinity House, and to be carried
to the account of the Trinity House Pilot Fund.



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cxx



APPENDIX.



Exemptions from
compulsory pilot<
<ge.



Raie$ of Pilotage
{THniif Houte).

Rates of pilotage.



CCCLXXIX. The following ships, when not carrying passengers, shall he
'' exempted from compulsorj' pilotage in the London district, and in the Trinity
House outport districts ; (that is to say,)

(1.) Ships employed in the coasting trade of the United Kingdom :

(2.) Ships of not more than sixty tons burden :

(3.) Ships trading to Boulogne or to any place in Europe north of Bou-
logne :

(4.) Ships from Guernsey, Jersey, Alderney, Sark or Man, whiph are
wholly laden with stone being the produce of those islands :

(6.^ Ships naviorating within the limits of the port to which they belong:

(6.) Ships passing through the limits of any pilotage district on their
voyages between two places both situate out of such limits, and not
being bound to any place within such limits nor anchoring therein.



Payment of pOot-
age doe from
foreign ships
trading to and
ftom the port of
London.



Certificate of pay-
ment of pilotage
to be given.



Application of
such monies by
Trinity House.



Settlement of
difference as to
draught of ship.



Rates of Pilotage {Trinity House).
CCCLXXX. Subject to any alteration to be made by the Trinity House,
there shall continue to be paid to all Trinity House pilots, in respect of their
pilotage services, such dues as are immediately before the time when this act
comes into operation payable to them in respect of such services.

CCCLXXX I. Subject to any alteration to be made by the Trinity House,
and notwithstanding anything hereinbefore contained, there shall be paid in
respect of all foreign ships trading to and from the port of London, and not
exempted from pilotage, the following pilotage due^ ; that is to say, as to
ships inwards, the full amount of dues for the distance piloted, and as to ships
outwards, the full amount of dues for the distance required by law ; and pay-
ment of such pilotage dues shall be made to the collector of customs in the
port of London by some one or more of the following persons, that b to say,
the master or other person having the charge of such ship, or the consignees
or agents thereof who have paid or made themselves liable to pay any other
charge for such ship in the said port of London ; and such pilotage may be
recovered in the same manner as other pilotage dues are hereinbefore declared
to be recoverable.

CCCLXXXn. Subject to any alteration to be made by the Trinity House,
the said collector of customs shall, on receiving any pilotage dues in respect
of foreign ships, give to the person paying the same a receipt in writing; and
no officer of customs in the port of London shall grant a clearance or transire
for any such foreign ship as aforesaid without the production of such receipt ;
and if any such ship attempts to go to sea without such clearance or transire,
any such officer may detain her until the said receipt is produced.

CCCLXXXin. Subject to any alteration to be made by the Trinity House,
the said collector shall pay over to the Trinity House the pilotage dues
received by him in respect of any foreign ship ; and the Trinity House shall
apply the same in manner following :

In the first place, in paying to any pilot who may bring sufficient proof of
his having had the charge of such ship such dues as would have been
payable to him for such pilotage service if the ship had been a Britiab
ship, after deducting therefrom tli^poundage due to the Trinity House:
In the second place, m paying to any unlicensed person who may bring
sufficient proof of his having, in the absence of a licensed pilot, had tbe
charge of such ship, such amount as the Trinity House may think proper,
not exceeding the amount which would under similar circumstances have
been payable to a licensed pilot, after deducting poundage :
And, lastly, shall pay over to the Trinity House Pilots Fund the rewdue,
together with all poundage deducted as aforesaid.

CCCLXXXIV. Whenever any diflTerence arises between the master and
the qualified pilot of any ship trading to or from the port of London as to her



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17 & 18 Vict. c. 104. cxxi

drangbt of water, the Trinity house shall upon application by either party,
tnade, in case of a ship inward-bound, v. ithiu twelve hours after her arrival
or at some time before she begins to discharge her cargo, and in the case of a
ship outward-bound before she quits her mooriugs, appoint some proper officer
who shall measure the ship, and settle the difference accordingly : and there
shall be paid to the officer measuring such ship, by the party against whom he
decides, the following sums ; (that is to say,) one guinea if the ship be below,
and half a guinea if the ship be above the entrance of the London Docks at

Wapping. Pilot Fund

Pilot Fund {Trinity House). (THniiyHou^e).

CCCLXXXV. Subject to any alteration to bfe made by the Trinity House, ^^^^^^l^^ ^^^
there shall continue to be paid to them, and carried over to the Trinity House JJ^^j® ^^^^
Pilot Fund, the sums of money following ; (that ip to say,)
(1.) A poundage of sixpence in the pound upon the pilotage earnings of

all pilots licensed by the Trinity House :
(2.) A sum of three pounds three shillings to be paid on the first day of
January in every year by every person licensed by the Trinity House
to act as pilot in any district not under the superintendence of sub-
commissioners, or in any part of such district :



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 78 of 101)