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Deal, and the Isle of Thanet, commonly called the Cinque Port Pilots ; and the Trinity houses of Hull and Newcastle. The 5 Geo. 4. c. 73. established a corporation for the regulation and licensing of pilots in Liverpool.
The principle of the law with respect to pilots seems to be, that where the master is bound by act of parliament to place his ship in charge of a pilot, and does so accordingly, the ship is not to be considered as under the management of the owners or their servants, and they are not to be liable for any damage occasioned by the mismanagement of the ship, unless it be proved that it arose from the negligence or misconduct of the master or men; but when it is in the election or discretion of the master to take a pilot or not, and he thinks fit to take one, the pilot so taken is to be considered as the servant of the owners, who are to be responsible for his conduct. -- (Abbott on the Law of Shipping, part ii. e. 5.)
The statute of 6 Geo. 4.c. 125. has consolidated the laws with respect to the licensing, employment, &c. of pilots. It is of great length ; but all its provisions of any material importance may be embraced under the following heads: -
1. Appointment of Pilots. - The corporation of the Trinity House of Deptford Strond are required to appoint and license fit and competent persons, duly skilled, to act as pilots for the purpose of conducting all ships or vessels navigating the Thames, the Medway, and the several channels, creeks, and docks thereof, between Orfordness and London Bridge, as also from London Bridge to the Downs, and from the Downs westward as far as the Isle of Wight, and in the English Channel from the Isle of Wight up to London Bridge; and all ships and vessels sailing as aforesaid (except as herein-after mentioned) shall be conducted and piloted within the aforesaid limits by such pilots, and by no other person whomsoever.
No person shall be licensed by the said corporation as a pilot, who has not served as mate for 3 years on board of, or been for 1 year in the actual cominand of, a square-rigged vessel of not less than 40 tons register tonnage, as to licences for the North Channel upwards ; and not less than 150 tons register ton. nage, as to licences for the North Channel, Queen's Channel, South Channel, or other channels downwards ; or who shall not have been employed in the pilotage or buoyage service of the said corporation for 7 years, or who shall not have served an apprenticeship of 5 years to some pilot vessel licensed under the act passed in the 32d year of the reign of George II1., or under this act; and no person so licensed shall take charge as a pilot of any ship or vessel drawing more than 14 feet water, in the river Thames or Medway, or any of the channels leading thereto or thereupon, until such person shall have acted as a licensed pilot for 3 years, and shall have been after such 3 years, on re-examination, approved of in that behalf of the said corporation, on pain of forfeiting 101. for every such offence; and the person employing or permitting such pilot to take charge of such ship or vessel is also to forfett 101.--$3.
Every pilot licensed by the corporation of the Trinity House of Deptford Strond is to pay an annual licence of 31.3s., and 61. in the pound upon his earnings, which sums are to be applied to the uses of the pilots' fund of the said corporation. ---$4.
The said corporation are further authorised to appoint competent persons, not more than five, nor less than three, at such ports and places as they may think fit (except within the liberty of the Cinque Ports, and such other ports and places as may have been specially provided for by act of parliament, or by charter, for the appointment of pilots), to be called sub-commissioners of pilotage, who are to take the following oath: * I, A. B., do swear, that I will diligently and impartially examine into the capacity and skill of
in the art of piloting ships and vessels into the roadstead, port, or harbour, and upon the coasts following ; videlicct [here describe the limits within which the person examined is intended to act as pilot), and is ill make true and speedy return thereof to the corporation of Trinity House of Deptford Strind, without favour, affection, fee, or reward, other than such fee or reward as is allowed by the by-lawg or regulations duly established in that behalf.
So help me God." And upon the recommendation of such sub-commissioners, the Trinity House Corporation may grant licences to pilots. - $5.
Notices of the appointment of pilots are to be put up in writing at the Trinity House and Custom-house, London, and at the Custom-houses of the ports for which they are licensed, and are to be published in the Lundon Gazette. - $ 7.
No person shall take charge of any ship or vessel as a pilot belonging to the Cinque Ports, before he be examined by the master and two fellows, or by four wardens of the society or fellowship of pilots of Dover, Deal, and the Isle of Thanet, touching his abilities, and shall be approved and admitted into the said society by the Lord Warden of the Cinque Ports, or his lieutenant ; and any person presuming to act as a pilot belonging to the said society or iellowship, without having been so examined, approved, and admitted, shall for the first offence forfeit 101., for the second 201., and for every other offence 401. $ 15,
No person licensed by the aforesaid society or fellowship is to take charge of any ship or vessel drawing more than 11 feet 6 inches water, until he has acted as a pilot for 3 years ; nor of a vessel drawing more than 14 feet water, till he has acted as a pilot for 5 years ; nor of a vessel drawing more than 17 feet watar, till be has acted as a pilot for 7 years ; when he is to be again examined ; and if he shall be approved of and licensed upon such second examination, he may take charge of ships of any draught of water.-9.16.
The number of Cinque Port pilots used to be fixed at 140; but during peace, no more than each alternate vacancy is to be filled up, unless the number be reduced below 120. - $ 24.
All bodies politic and corporate, and all persons authorised to appoint or license pilots for any port or place in England, shall, upon any such appointment being made, forth with transmit to the Trinity Hlouse, London, and to the commissioners of customs, London, the Christian name and surname, age, and place of residence, of every pilot so appointed, distinguishing the limits in which he is to act, and by whom appointed. And the said borlies politic, &c. are to transmit lists, corrected up to the 31st day of December in each year, either on that day, or within a month after, to the said Trinity House and commissioners of the customs, of the names and residences of all the pilots within their respective jurisdictions ; stating all the alterations that may have been made within the year in the rates of pilotage charged, and in the rules and regulations for governing pilots within their respective districts. - $35.
The commissioners of the customs are to transmit to their principal officers, at the different ports, the names and places of residence of all the pilots residing within the limits of each port, as far as they are acquainted with the same; and every pilot is to be furnished with copies of all proclamations and orders in council respecting the performance of quarantine. --$ 36.
A particular description of the person of every pilot is to be written upon the back of his licence; and no person shall take charge of any ship or vessel, or in any manner act as a pilot, or receive any compensation for acting as a pilot, until his licence shall have been registered by the principal oflicers of the Custom house of the place at or nearest to which such pilot shall reside (which officers are hereby required to register the same without fee or reward), nor without having his licence at the time of his so acting in his personal custody, and producing the same to the master of any ship or vessel, or other person.
who shall be desirous of employing him as a pilot, or to whom he shall offer his services, on pain of forfeiting a sum not exceeding 301. nor less than 104. for the first offence; and for the second or any subsequent offence, a sum not exceeding 501. nor less than 301.; and upon further pain, as to any person licensed as aforesaid, of forfeiting his licence, or being suspended from acting as a pilot, by and at the discretion of the corporation or other authority from which such pilot's licence was derived, either for the first, second, or any subsequent offence. - $ $ 65, 66.
2. Government of Pilots -— All persons licensed to act as pilots by the Trinity House are subject to the government of the said corporation, which is empowered to make by-laws, rules, &c. specifying what sumis shall be paid by such pilots to the sub-commissioners of pilotage for their examination, and for granting or renewing or confirming their licences from time to time, and annexing such reasonable penalties and forfeitures for the breach of such by-laws as to them shall seem expedient. But no such by-laws, regulations, &c. shall have any force till they have been examined, sanctioned, and approved by the chief justice of the Court of King's Bench, or the chief justice of the Court of Common Pleas. --$11.(The by-laws of the Trinity House, Deptford Strond, sanctioned by Lord Tenterden, are aunexed to this article.)
Copies of any proposed by-laws are to be transmitted to the privy council and the commissioners of customs, 3 months before they are submitted to any chief justice for approval ; and the coinmissioners of the customs are to cause such proposed by-laws to be hung up in the several Custom-houses of the principal ports of Great Britain, for the inspection of all parties having an interest therein. And when such by. laws shall have been sanctioned, they shall be hung up in the several Custom houses within the limits of which the pilots respectively shall be licensed, and also at the Trinity House iu London. - $ 12, 13.
The Cinque Port pilots are to be subject to the rules and regulations framed by the Lord Warden of the said ports, or his deputy, with the assent of the majority of the commissioners of Loadmanage (master and wardens of the fellowship of pilots of Dover, Deal, and the Isle of Thanet). The privy council inay, however, amend, correct, or enlarge such rules or regulations, if they shall appear to them, upon the representation of any person having an interest therein, to be in any material point erroneous, insufficient, or defective. - 21, 22.
The Trinity Mouse Corporation are authorised and required to establish, vary, and alter, from time to time, as circumstances may require, the rates of pilotage performed by pilots licensed by the said corporation, according to the size and draught of water of the vessels, the distance piloted, the detention and responsibility of the pilot, and such other circumstances as they may think fit to take into account. Tables of these rates are to be hung up at the several Custom-houses of ihe ports to which they apply; and to greater or less rates, or other reward or emolument for such pilotage, shall, under any pretence whatever, be demanded, solicited, paid, received, or offered, on pain of forfeiting 101. for every such offence, as well by the party offering as by the party accepting or soliciting the same. Ships returning by stress of wrather, contrary, winds, or on account of accident, into ports in the district of the Isle of Wight, Plymouth, and Falmouth, shall be subject to pay half the common pilotage in such ports. - $8.
in the majority of the pilots licensed by the Trinity House Corporation in any port or place, or any ship owner in the same, be dissatisfied with the rates, they may appeal to the privy council, who may decide upon the matter as they think fit. - 09.
Every person applying for a licence to act as a pilot, shall, before any such licence be granted to him, execute a boud in a penal sum, at the discretion of the Trinity House Corporation, or of the Lord Warden of the Cinque Ports, to an amount not exceeding 100l., for ihe better securing his due obedience to the by.laws, rules, regulations, &c. to be made by competent authority. - 27.
Licences may be annulled, suspended, or adjudged forfeited, at ihe pleasure of the foresaid corporation and Lord Warden ; but pilots whose licences are so annulled, suspended, &c. may appeal to the privy council, who are authorised to make such adjudication in the premises as they may think fit.-4, 29, 30
3. Licences of Pilot Boats. – The Trinity Corporation and the fellowship of the Cinque Port pilots are authorised to license pilot vessels of such size and description as may appear to th to be proper for having pilots constantly in attendance in such vessels at sea ; and the licensed pilots are authorised to forin themselves into companies, with consent of the corporations aforesaid, for providing and maintaining such pilot vessels, such companies and vessels being at all times subject to such rules and regulations as shall from time to time be sanctioned by the said corporate bodies. - 13).
Pilot boats or vessels are to be distinguished by being at all times and on every station fitted with black sides, and having the upper streak next the gunwale painted white; they are, while afloat, to carry a flag of large dimensions, proportioned to the size of the vesse!, at the mast head, or on a sprit or staff in some conspicuous situation, which flag shall be half red and half white, in horizontal stripes, the white uppermost. The name of the pilot on board is to be painted in large white letters (3 inches long) on a black ground on the stern, and on each bow the number of the licence of such pilot; and the conceaiment of such name or number, or the evasion of any of the before-mentioned provisions, incurs a penalty of 2004., to be paid by the senior pilot on board, who is answerable for their observance. Any pilot carried off in a boat other than a pilot boat, is to hoist a tlag as previously ordered, on pain of forfeiting 201. unless he show reasonable cause for having omitted it. - $32.
The owners or master of any boat or vessel carrying a pilot's flag, without having a licensed pilot on board, shall for every such offence forfeit 100.-33.
The Trinity House Corporation, the Court of Loadmanage of the Cinque Ports, and all other corporations and persons authorised to manage or direct pilots in any part of England, shall, on the 1st of January in each year, or within the month next following, transmit to the officer of the sixpenny duty in the port of London, a list of all the vessels of every description employed by them or by those under them, for the purposes of pilotage, with the number of men and boys belonging to or serving in such vessels. --- $37.
4. Duties of Pilots. - In order to secure the due performance of his important duties by the pilot, it is enacted that every pilot, duly licensed, who shall, without sufficient cause, refuse or decline going off to any vessel wanting a pilot, upon signal being made by the same, or upon being required to do so by the master of such ship, or by any person interested therein as principal or agent, or by any officer of the corporation to which such pilót shall belong, or by any principal otficer of the customs; or who shall, on any frivolous pretext, quit any ship or vessel, or decline piloting thereof, after he has been engaged to pilot the same, or after going alongside thereof, without leave of the master, shall, for every such offence, forfeit not more than 1004. nor less than 101,- 72.
Any licensed pilot employing or making use of, or compelling or requiring any person having the charge of any ship or vessel to employ or make use of any boat, anchor, or cable, &c. beyond what is actually necessary, shall forfeit and pay for every such offence not more than 501. and not less than 104., and shall also be deprived of his licence, or suspended, at the discretion of those by whom he was licensed. - $ 73.
If any licensed pilot shalllend his licence to an unlicensed person, to assist him in acting or claiming to act as pilot, and if such licensed person shall by drumkenness render himself incapable of conducting any ship or vessel, or negligeutly or wilfully lead, decoy, or betray any ship into danger, or shall undecessarily or improperly cut any cable or cables belonging to any vessel; or if any such person shall, by wilful misrepresentation of any circumstances upon which the safety of the vessel shall appear naturally to depend, obtain or endeavour to obtain the conduct of such vessel, then, and in every such case, the person so offending, or who shall aid in, procure, abet, or connive at the cominitting any such offence or offences, shall, besides being liable to damages at the suit of the party griered, forfeit and pay a sum of not more than 100. and not less than 201.; and is the person offending be a pilot, he shall be liable to be deprived of his licence, at the discretion of those by whom he was appointed. - $ 74.
Pilots keeping public houses, or selling wine, spirituous liquors, tobacco, or tea (unless anthorised lig the competent authorities), or being concerned in any fraud or offence against the revenue laws, ur in relation to any branch of their duty, shall, over and above all mulcts, penalties, &c. for such offences, he adjudged to for feit their licence, or to be suspended. at the discretion of those by whom they are licensed. -- 68.
A pilot, when taken on board, shall enter his name in the log-book of every ship entering the port of London requiring to be piloted under this act, and if any pilot or other person insert a false name, he is to forfeit 20.; and the name or names of the pilot or pilots so entered in the log book and employed in piloting the vessel, are to be inserted in the entry or report of such vessel inwards, and this insertion is to be made (without fee or reward) by the proper officer of the customs, who shall report the same daily to the Trinity House, and inonthly to the Lord Warden of the Cinque Ports. The principal searcher or officer of the customs at Gravesend is to demand and take the name or names of the pilot or pilots of all Vessels clearing outwards, shall transinit monthly lists thereof to the Trinity House, on pain of forfeiting a sum not more than 101. nor less than 51., to be paid by each and every of the persons foresa d #lu shall neglect to comply with any of the foresaid regulations. - $ 13.
Pilots quitting any vessel in the Thames or Medway before she has arrived at the place to which she was bound, without the consent of the captain or other person in command, and unless some other duly Qualified person shall with such consent coine on board and take charge of the ship, shall forfeit for such Offence all pay or reward they might be entitled to, and shall also be subject to such other penalty or Pliishment as may legally atlect them in consequence of any by-law, &c. - $ 40.
Pilots neglecting or reftising to obey the orders of the different dock masters within their respective jurisdictions incur a penalty of not more than 501, and not less than 201. for each offence, and may be dismissed or suspended.---- 75.
Licensed pilots may supersede unlicensed ones. And if any unlicensed person shall act after a duly licensed pilot has offered to come on board and take charge of ihe ship, she being at the time within the litants for which he is qualified, such unlicensed person shall forfeit not more than 501. and not less than 20. - $70
But inlicensed persons may act so long as no licensed pilet offers to take charge of the ship, or makes a signal for that purpose, or where and so long as the ship shall be in distress. -71.
Licensed pilots who have executed the bond before mentioned shall not be liable to any action for damages on account of neglect or want skill, at the suit of the party grieved, in any greater sum th: the amount which shall have been specified by way of penalty in such bond, and the pilotage payable to bim in respect of the voyage during which the neglect or want of skill are alleged to have been exhibited.
5. Fees of Pilotage. - The charge on account of pilotage is regulated in various places by usage or statute, and generally increases in proportion to the depth of water which the vessel draws. The Trinity House Corporation and the Lord Warden of the Cinque Ports have authority, as before mentioned, to fix the rates on account of pilotage to be charged by all pilots licensed by them. - (Subjoined to this article are Tables of the present rates.)
Any pilot carried to sea beyond the limits of his district without his free consent, except in cases of absolute necessity, shall, over and above his pilotage, receive 108. 64. a day, to be computed from and inklusive of the day next after the day on which the vessel shall pass the limit to which the pilot was engaged to conduct her, and intil he shall be returned to the port or place where he was taken on board, or be discharged for a sufficient time to enable him to return there. --- $38.
Pilots are to qualify themselves for conducting vessels in and out of Ramsgate harbour, and the har. bours of Dover, Sandwich, and Margate, and shall be entitled to and receive for such pilotage at the rate of 58. for every foot of the draught of water of every vessel so piloted. – $$ 39, 40.
Ships bound to the Thames, repairing to Standgate Creek, or other place appointed for the performance of quarantine, are to pay the full charges of pilotage to su place, an
a further sum of 8s. a day for the day's the pilot shall be obliged to remain on quarantine.
Any boat or vessel running before a ship or vessel, not having a licensed pilot on board, when such ship or vessel cannot be boarded, for the purpose of directing her course, the pilot on board such boat or vessel, or, if no pilot be on board, the person having the command thereof, and who shall run before such ship at the request or by the direction of the master, shall be entitled to full pilotage for the distance run. - $34.
All the sums which shall become due to any licensed pilot for the pilotage of foreign ships or vessels trading to or from the port of London may be recovered from the owners or masters of such ships or vessels, or from the consignees or agents thereof, who shall have paid, or made themselves liable to pay, any other charge for the ship or vessel in the port of her arrival or delivery as to pilotage in wards, and in the port whence she shall clear out or sail as to pilotage outwards ; and may be levied in like man
; nar, according to the amount, as any penalty may be recovered and levied by virtue of the act, demand thereof being made in writing at least fourteen days before such levy: And the master or other person having the charge of ships or vessels, not having British registers, which shall enter into or sail from the prin ,
of Lond m, and which are by law required to be piloted by persons licensed by the corporation of the persons appointed by the corporation of the Trinity House, the full pilotage inwards and out wards ; viz. as to pilotage outwards, the amount for the distance which ship is by law required to be piloted ; as to pilotage inwards, where a pilot shall have been on board, the amount for the distance piloted by him, if greater than that which she shall be required to be piloted ; if less, or if no pilot shall have been on board, the amount for the distance which she was by law required to be piloted: the pilotage inwards may be levied, &c. upon the master or other person in charge, consignee, or agent, in the same manner as in the case of ships having British registers, if such pilotage inwards be not paid within fourteen days from the day of the ship's repurting inwards - $44. 46.
The pilotage outward upon foreign vessels is to be calculated according to the scale or amount of tonpage upon which such ships or vessels are rated in the port of London for payment of light and other dues, or according to the draught of water thereof, as the Trinity House may think most proper. -- 49.
In order to prevent controversies with respect to the draught of water of ships not having Britisha registers, the Trinity House is empowered to appoint an officer to measure the draught of water of ships with respect to which there is any controversy, such officer receiving 11. Is. for his trouble is the ship be below the entrance to the London Docks, and 10s. fid. if above such entrance, from the party against whom he may decide. If arriving inwards, application for such officer must be made within 12 hours after the ship has come to her moorings, and before she begin to unlade ; and before quitting her moorings, if clearing outwards. -- 450.
The Trinity House are empowered to take measures for the relief of foreign vessels coming to the port of London with fish, corn, and other provisions on board, either from the whole or a part of the charges on account of pilotage that would fall upon them under this act. -- 51.
No foreign vessel shall be cleared outwards until a certificate, signed by the person appointed for that purpose by the Trinity House, that the pilotage has been paid, has been produced; the corporation pay the pilot employed, on proof that he has duly performed his service, the pilotage, after deducting the Gd. duty. - $ 47.
The consignees or agents of any ship or vessel are authorised and empowered to retain in their hands respectively, out of any movies which they may have received or shall 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 discharge such pilotage, and any expenses attending the same. -- 15. 6. Responsibility, sc. a Masters. – Ships coming
from the westward, bound to any place in the Thames or Midway, not having a duly qualified Cinque Port pilot on board, shall, on arriving at Dungeness, and until they have passed the south buoy of the Brake, display and keep flying the usual signal for a pilot to come on board ; and the master shall heave to and shorten sail, so as to facilitate the entry of the pilot. Persons not displaying such signal, &c. shall forfeit and pay double the annount of the sum that the charge for pilotage would have amounted to. And it is further provided, that all masters of vessels acting themselves as pilots, or employing any unlicensed person as such, or any licensed person out of the limit of his qualification, after any licensed and qualified pilot shall have offered to come on board, or made a signal for that purpose, shall forfeit double the sun that would have been legally demnandable as pilotage, and an additional penalty of 51. for every 50 tons burden of the ship, if the Trinity House or Lord Warden of the Cinque Ports, as the case may be, shall think it proper to certify the same.
But the master of any of the following vessels may pilot the same, so long as he is not assisted by any unlicensed pilot or other person than the ordinary crei; viz. the master of any collier, or of any ship or Vossel trading to Norway, or to the Cattegat or Baltic, or round the North Cape, or into the While Sea, on their inward or outward voyages, or of any constant trader inwards, from the ports between Boulogne inclusive, and the Baltic (all such ships or vessels having British registers, and coming up by the North Channel, but not otherwise), or of any Irish trader using the navigation of the rivers Thames and Midway, 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, Alderney, Sark, or Man, and being the production thereof, or of any ship or vessel, not exceeding the burden of 60 tons, and having a British register (or not exceeding the burden of 60 tons, and not having a British register, if authorised so to do by an order of the privy council), or of any other ship or vessel whatsoever, 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 had heretofore been made by any act or acts of parliament, or by any charter or charters for the appointment of pilots. - $ $ 59, 60.
The master or mate of any vessel, being the owner or part owner thereof, and residing at Dover, Deal, or the Isle of Thanet, shall not be liable to any penalty for conducting or piloting his own ship or vessel up or down the rivers Thames or Medway, or into or out of any place within the jurisdiction of the Cinque Ports. - $ 62.
This act shall not extend, or be construed to extend, to subject the master or owner of any ship or vesse. to any or the penalties of this act, for employing any person or persons whomsoever, as a pilot or pilots, in and for the assistance of such ship or vessel, whilst the same shall be in distress, or in consequence thereof, or under any circunstances which shall have rendered it necessary for such owner or master to avail himself of the best assistance which at the time could be procured. - $61.
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 nu licensed pilot 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 qualitied pilot respectively shall have arisen from any refusal 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 practicable 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 the same. $53.
Nothing in this act shall extend, or be construed to extend, to make the owner of any ship or vessel liable in any such case, for any loss or damage 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. - $54.
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 whomsoever, from or by reason or means of any neglert, 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 the charge of such ship or vessel, or where and so long as no duly qualified pilot shall have offered to take charge thereof. - $ 55.
Nothing in this act shall 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 it this act had not been passed, by reason or on account of the neglect, default, incompeteney, or incapacity of any pilot duly acting in the charge of any ship or vessel, under or in pursuance 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 arises from a refusal on the part of the master to take such pilot on board, or to heave to for him. - $ 36.
All masters or other persons having the command of any ship, who shall report, or be privy to any one reporting, a faise account of the draught of water of such ship, shall, besides the full pilotage, forfeit double the amount thereof; and any master or other person having any interest, share, or property in any vessel, who shall fraudulently alter any marks on the stem or stern post thereof, diminishing the draught of water, or shall be privy or consent thereto, shall for every such offence forfeit and pay the sum of 500.
7. Recovery of Penalties. -- Penalties incurred under this act, not exceeding 201., are to be recovered before a justice by prosecution within sir months ; and penalties above 2010. by action of debt in any of the courts of record at Westminster, to be commence within tuclve months ; but if it shall be made to appear, as soon after as the circumstances of the case will admit, that the commencement of the prosecution or action has been delayed by reason of the absence of any party or parties, whether offending or complaining, or of any necessary witness, then, upon such circumstances being stated by aflıdavit, made before any judge of any of his Majesty's courts of record at Westminster, any such judge may order or authorise the commencement of the prosecution or action within such further time as he shall think fit to liit.
It is, however, provided that nothing therein contained shall affect or impair the jurisdiction of the Court of Loadmanage, or High Court of Admiralty, nor the right of the city of London, nor (in general) any separate jurisdiction established under any act of parliament or charter. --$ $ 76, 77.87, 88, 89. By Laws, REGULATIONS, AND ORDINANCES AS TO Pilots, framed by the Trinity Corporation, and
sanctioned by Lord Tenterden, 19th of April, 1826. 1. Annuls the previous regulations.
II. It is ordained, that every pilot who shall be ordered to proceed on his Majesty's service, by any order signed by the deputy master or secretary of the said corporation, or by the officer for the time being for the said corporation at Yarmouth, or elsewhere, duly authorised to act in matters of pilotage, or who shall be so ordered, in writing or otherwise, by any otlicer in his Majesty's service, shall immediately proceed thereon ; and every pilot who shall fail so to do, or shall evade the receipt of any such order, or who shall quit or decline such service, shall for the first offence forfeit 56., and for the second and every subsequent offence 107. each.
In. It is ordained, that every pilot engaged in the charge of any ship employed by government in the transport service, shall observe particularly if any unnecessary delay take place on the part of the master in proceeding towards his destination ; and if any delay does take place, such pilot shall, on his return, report the same to the secretary of the said corporation, and upon going on board, such pilot shall give notice to the master that he has orders 50 to do. IV. It is ordained, that no pilot having the charge of a merchant ship shall stop the same alongside the moorings of his Majesty's ships at Deptford, or elsewhere, or between the Round Tree and Bathing-house, Gravesend (except in either of such cases there be an extreme necessity for so doing, or leave be obtained for that purpose from the proper officer or officers in that behalf), and all pilots licensed by the said corporation are at all times to be particularly careful to steer clear of the king's ships in passing them.
V. It is ordained, that every pilot, when called upon or required to pilot any ship or vessel, shall, it under engagement to any other ship, forth with make known such engagement, and specify the particulars thereof truly and faithfully to the person calling for or requiring such pilot's service; and in case of any concealment, misrepresentation, or falsehood, in respect of such alleged previous engagement, the pilot offending shall forfeit !.
VI. It is ordained, that every pilot who shall have taken charge of any ship from the river Thames to the Downs, or elsewhere, shall, without any additional compensation in that behalf, wait on board for the space of 3 complete days while such ship may be detained at Gravesend, or elsewhere, for want of seamen, or by any other casualty ; nor shall he at the end of 3 complete days be at liberty to quit such ship, or receive any additional compensation, if she shall be further detained by winds, weather, or tides ; and should the ship be detained beyond 3 complete days on any other account except winds, weather, or tides, the pilot having the charge thereof shall nevertheless still (if required so to do) remain in the charge of her, provided a compensation of 6s. per day be offered to him in that behalf by the master or owner.
VII. It is ordained, that every pilot shall in all cases demean himself civilly and respectfully towards all persons who may require his service, and towards all officers in his Majesty's navy, and shall maintain a strict temperance and sobriety in the exercise of his office, and shall use his utmost care and diligence for the safe conduct of every ship which he shall be intrusted with the charge of, and to prevent her doing damage to others.
Vill. It is ordained, that every pilot who shall undertake the charge of any ship downwards, shall, before his departure, leave, or cause to be left, notice thereof, in writing, at the proper office at the Trinity House in London, with one of the clerks there attending and shall be considered as disengaged until he shall have done so ; and upon such pilot's return, he shall immediately, in his own person, attend at the said office, and make and sign such entry, in a book there kept for that purpose, as the said corporatiou shall from time to time direct or require.
IX. It is ordained, that every pilot licensed by the said corporation shall, from time to time, and at all times, in obedience to the order or summons of the said corporation, under the hand of the secretary thereof for the time being, duly delivered or offered to such pilot, or lest a reasonable time at the usual or last known place of residence of such pilot, attend the said corporation, at their courts, by-boards, or committees, or their secretary for the time being, at the Trinity Ilouse in London ; and that every pilot licensed by the said corporation, upon a certificate of qualification from sub-commissioners of pilotage, shall, in like maner, attend the sub-commissioners of the port or place for which such pilot shall be 80 licensed, in obedience to the order or summons of the said sub-commissioners, under their hands, or the hands of the major part of them, duly delivered, offered, or lest as aforesaid, to answer to any charges brought against such pilots respectively, or for the performance of any public service, or for any other purpuse whatsoever; and in de Fault of such attendance, every pilot so offending shall forseit for the first offence 40s., and for the second and every subsequent offence 51. each.
X It is ordered, and hereby directed, that every pilot licensed or to be lieensed by the said corporation, upon their receiving a certificate of examination by any sub-commissioners of pilotage, shall, for such examination, and for granting the licence thereon, pay the sum of 2 guineas to the said sub-commissioners of pilotage by whom he shall be examined, or to one of them; and shall also, for the renewing or confirm. ing such licence from time to time, pay to the sub-commissioners of pilotage for the time being, at or for the port or place specified in such lícence, or to I of them, the annual sums following ; (that is to say,) every pilot so licensed or to be licensed as aforesaid, for the ports of Plymouth, Portsmouth, or Cowes respectively, the annual sum of 2 guineas; and every pilot licensed or to be licensed as aforesaid, for any other port or place, the annual sum of l guinea, unless the pilots at or for sueh port or place sbali be divided into 2 classes ; and in that case the pilots of the 1st class are to pay the annual sum of 2 guineas each, and pilots not of the 1st class the annual sum of I guinea each.
XI. It is ordained, that no pilot shall add to or in any way alter his licence, or make or alter any endorsement thereon, nor shall he be privy to any such licence or endorsement being altered.
XII. It is ordained, that every pilot who shall observe any alteration in any of the sands or channels, or that any of the buoys or beacons of the said corporation are driven away, broken down, or out of place, shall forth with deliver or send a correct statement thereof, in writing, to the secretary of the said corporation for the time being.
XIll. It is ordained, that every pilot shall, whenever he comes to an anchor, carefully observe the settings of the tide, and the force of the stream ; and if it shall happen that he comes near to a sand or other object or cause of danger, and there be any other ships or ship in company likely to fall in therewith, such pilot shall immediately give notice thereof to the captain or principal officer of the ship under his care, that he may make a signal to such other ship or ships for avoiding the same.
XIV.’It is ordained, that no pilot shall, on any pretence, aid or assist, either in his own person or with his boat or servants, or by any other means whatever, the landing, removing, or secreting any seaman, from any merchant ship or vessel, to avoid serving in his Majesty's Davy, or escape the impress for the same.
IV. It is ordained, that every pilot shall from time to time conform himself strictly to all directiong which shall be given to him by any of the harbour masters authorised by act of parliament, under the corporation of the city of London, touching the mooring, unmooring, placing or removing of any ship or vessel under his charge as long as such ship or vessel shall be lying and situate within the limits of th: authority of such harbour master.
XVI. It is ordained, that each and every pilot belonging to a licensed pilot vessel shall be at liberty tu entertain one apprentice and no more.
XVII. It is ordained, that for any work done on the rivers Thames or Medway by men in boats, being less than the work for the whole tide, the pay shall be, for half a tide's work 4s. to each inan, and so in proportion for any time less than a whole tide, the pay for which is settled by the said act of the 6th year of the reign of his present Majesty at 8s.
XVII. It is ordained, that in all cases where pecuniary penalties and forfeitures are annexed to the breach of the foregoing by-laws, rules, orders, regulations, and ordinances, the said corporation of Trinity House may mitigate and reduce the same to 1-4th part at their discretion.
XIX. It is ordained, that every pilot who shall offend against any or either of the foregoing by-laws, orders, regulations, and ordinances, shall, for every such oflence (whether the same shall subject him to any pecuniary penalty or not, and in addition to such penalty if any), be liable to have his licence an nulled and forfeited, or suspended, at the discretion of the said corporation.
N.B. - Besides conforming themselves diligently to the above by-laws, rules, orders, regulations, and ordinances, the pilots licensed by the corporation of Trinity House are, of course, in all things to observe and obey the same enactments and provisions relating to such pilots contained in the said act of parliament made and passed in the 6th year of the reign of his Majesty King George the Fourth, a copy of which act has been delivered to each of the said pilots.
** The following Tables of the charges on account of pilotage, &c. are the most complete that have hitherto been published. They have all becu derived from othicial sources, so that their accuracy may be depended upon.