페이지 이미지
PDF
ePub

No pilot shall 38. And be it further enacted, That no pilot shall be taken to sea beyond be taken to sea the limits of his district by the commanding officer of any of his Majesty's beyond his

ships, or by the master or other person having the command of any other limits, without his consent,

ship or vessel whatever, without such pilot's free consent, except under except in case circumstances of absolute and unavoidable necessity; and then and in such of necessity, case every pilot so taken to sea shall over and above his pilotage have and and then he

receive ten shillings and sixpence per diem, to be computed from and shall receive ten shillings

inclusive of the day next after the day on which the ship or vessel shall and sixpence

pass the limit to which such pilot was engaged to pilot her up to, and per diem above until he shall be returned to the port or place where he was taken on his pilotage. board, or until he shall have been discharged from the ship for a suflicient

time to have enabled him to return there.

39. Provides that pilots shall qualify themselves, and conduct ships into and out of Ramsgate and other harbours.

40. Provides rates for such pilotage.

41. Provides that ships bound to the Thames, repairing to places for per

formance of quarantine, should pay full charges of pilotage, &c. Pilots quitting 42. And be it further enacted, That if any pilot taking charge of any ships in the

ship or vessel into the rivers Thames or Medway shall quit such ship or Thames or Medway,

vessel at Gravesend or Standgate Creek, or in any other part of the Thames without con

or Medway respectively, before such ship or vessel shall have arrived at sent, before the place to which she is bound in the said rivers respectively, without the arrival at the consent of the captain or other person having the command thereof, unless place to which some other duly qualified pilot shall with such consent come on board, and bound, to for shall take the charge and conduct of such ship or vessel for the residue of feit pay, and be liable to the pilotage to be performed, every such pilot so quitting such ship or penalty.

vessel shall forfeit for every such offence all pay or reward to which he might be entitled for having conducted or piloted such ship or vessel to Gravesend, Standgate Creek or such part of the Thames or Medway respectively as aforesaid, and shall also be subject to such other penalty or punishment as by virtue of any of the provisions of this act, or of the bye-laws, rules, orders, regulations and ordínances hereby directed to remain in force, or which may be made or established in pursuance hereof, any pilots shall be liable to for quitting a ship or vessel before she shall arrive at her place of destination.

name or names

Pilot to write 43. And be it further enacted, That every pilot shall write his christian his name in

and surname in the log book of every master or other person having the log book, and same to be in- command for the time being of any ship or vessel entering the port of serted in report London, and required to be piloted according to the directions of this act; of ships enter and every pilot or other person inserting a false name shall forfeit the sum ing the port of of twenty pounds; and the master or other person having the command of London, and

such ship or vessel shall, in making the entry or report of such ship or reported daily vessel inwards, insert or cause to be inserted in such entry or report the House, and

the pilot or pilots employed or engaged to pilot such monthly to the vessel into the said port, which insertion shall be made in the said entry or Lord Warden report (without fee or reward) by the proper officer of the customs, who of the Cinque shall report the same to the corporation of the Trinity House daily; Ports.

and such officer is hereby authorized and required to reject such entry or report, unless and until the name or names of the pilot or pilots so em

ployed or engaged as aforesaid shall be inserted or notified to such officer Monthly re- for insertion in such entry or report as aforesaid; and also that the prinports to be

cipal searcher or clearing officer of the customs at Gravesend shall demand made of vessels and take the name or names of the pilot or pilots of all ships or vessels clearing outwards.

clearing outwards from the port of London, and shall transmit monthly lists of such names to the said corporation of Trinity House, on pain of

forfeiting a sum not exceeding ten pounds nor less than five pounds, to be Penalty.
paid by each and every of the persons aforesaid who shall neglect to
comply with any of the foregoing regulations.

44. And be it further enacted, That all sums of money which shall How pilotage become due to any licensed pilot for the pilotage of any ship or vessel, of ships, except except ships or vessels not having British registers, trading to and from those not hav

ing British rethe port of London, shall and may be recovered from the owners or

gisters, trading masters of such ship or vessel, or from the consignees or agents thereof, to and from who shall have paid or made themselves liable to pay any other charge for the port of the said ship or vessel in the port of her arrival or delivery as to pilotage London, may inwards, and in the port from whence she shall clear out or sail as to be recovered. pilotage outwards; which sums of money shall and may be levied in such and in the like manner, according to the amount of any such sums of money as aforesaid respectively, as any penalty or penalties of the like amount may be recovered and levied under and by virtue of this act, demand thereof being made in writing at least fourteen days before such levy.

45. And be it further enacted, That the consignees or agents of any ship Consignees or or vessel from whom any sum of money due to any licensed pilot for pilot- agents may reage shall have been recovered or shall be recoverable, or by whom any

tain pilotage

which they such sum of money shall have been paid, are hereby authorized and em

have paid or powered to retain in their hands respectively, out of any monies which

are liable to. 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.

46. Provides in what manner pilotage of ships not having British registers trading to and from the port of London shall be paid.

47. Certificate of payment of pilotage to be given-Receivers to pay over to the pilot what shall be due to him; and the residue with the poundage to be carried to the pilots' fund.

48. Corporation of Trinity House may, out of pilotage received, reward unlicensed persons who have piloted in the absence of a licensed pilot.

49. Provides how the amount of pilotage outward of foreign vessels shall be ascertained.

50. How controversies respecting the draught of water of vessels on the Thames shall be settled.

51. And whereas it may be expedient from time to time to relieve such Corporation of ships and vessels not having British registers as may come to the port of Trinity House London with fish, corn or other provisions, in manner hereinafter directed: to make reguBe it therefore enacted, That it shall be lawful for the said corporation of lations with

respect to Trinity House of Deptford Strond, and they are hereby authorized and pilotage of empowered, from time to time at their discretion, to make all such regu- small foreign lations in relation to the piloting of ships not having British registers, vessels. bringing fish, corn or other provisions into the port of London, and which are or ought to be piloted by pilots licensed by the said corporation of Trinity House, for the ease and relief of such ships and vessels in respect of the rates or amount of pilotage hereby made payable or demandable for such ships and vessels, or for the exemption of such ships or vessels from any such rates or amount, or from any rules or regulations as to the pilotage of such ships or vessels under the provisions of this act, or of any other act of Parliament relating to pilotage, or under any law or usago whatsoever, as the said corporation of Trinity House of Deptford Strond

1

shall from time to time deem just, proper and expedient in relation to such
ships and vessels respectively, anything herein contained to the contrary
thereof notwithstanding.

Licensed pilots 57. Provided always, and be it further enacted, That no pilot licensed
who have exe- or to be licensed as aforesaid who shall have executed the bond herein-
cuted bond not before directed to be executed by him, and shall be piloting or conducting;
glect or want within the limits specified in his licence, any ship or vessel which he shall
of skill beyond be duly qualified to pilot, or be piloting in the absence of a duly qualified
its penalty and pilot, shall be liable to any action for damages at the suit of the party
the pilotage. grieved in any greater sum than the amount which shall have been speci-

fied by way of penalty in such bond, and the pilotage payable to him in
respect of the voyage on which such ship or vessel shall then be, for any
loss or damage which shall happen from or by reason or means of his
neglect or want of skill whilst acting in his capacity of a pilot on board
such ship or vessel.

Penalty on 58. And be it further enacted, That every master of any ship or vessel
masters of ves- who shall act himself as a pilot, or who shall employ or continue employed
sels piloted by
any other thản as a pilot any unlicensed person, or any licensed person acting out of the
a licensed limits for which he is qualified, or beyond the extent of his qualification,
pilot. after any party licensed and qualified to act as such, within the limits in

which such ship or vessel shall then actually be, shall have offered to take
charge of such ship or vessel, or have made a signal for that purpose, shall
forfeit for every such offence double the amount of the sum which would
have been legally demandable for the pilotage of such ship or vessel, and
shall likewise forfeit for every such offence an additional penalty of five
pounds for every fifty tons burden of such ship or vessel, if the corpora-
tion of Trinity House of Deptford Strond, as to cases in which pilots
licensed by or under the said corporation shall be concerned
shall think it proper that the person prosecuting should be at liberty to
proceed for the recovery of such additional penalty, and certify the same

in writing
Masters of cer- 59. Provided always, and be it further enacted, That, for and notwith-
tain ships may standing anything in this act contained, the master of any collier, or of
pilot same so
long as not

any ship or vessel trading to Norway, or to the Cattegat or Baltic, or assisted by

round the North Cape, or into the White Sea, on their inward or outward unlicensed voyages, or of any constant trader inwards, from the ports between persons. Boulogne inclusive and the Baltic (all such ships and vessels having

British registers, and coming up either by the North Channel but not
otherwise), or of any Irish trader using the navigation of the rivers
Thames and Medway, 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 pro-
duction thereof, or of any ship or vessel not exceeding the burden of sixty
tons, and having a British register, except as hereinafter provided, or of
any other ship or vessel whatever whilst the same is within the limits of
the port or place to which she belongs, the same not being a port or place
in relation to which particular provision hath heretofore been made by
any act or acts of Parliament, or by any charter or charters for the
appointment of pilots, shall and may lawfully, and without being subject
to any of the penalties by this act imposed, conduct or pilot his own ship
or vessel when and so long as he shall conduct or pilot the same without
the aid or assistance of any unlicensed pilot or other person or persons
than the ordinary crew of the said ship or vessel.

His Majesty in 60. Provided also, That from and after the passing of this act it shall and
Council may

may be lawful for his Majesty, by and with the advice of his Privy Council,

,

or by any order or orders in Council, to permit and authorize ships and authorize ships vessels not exceeding the burden of sixty tons, and not having a British not exceeding register, to be piloted and conducted without having a duly licensed pilot den to be con

sixty tons buron board, upon the same terms and conditions as are by this act imposed ducted without on British ships and vessels not exceeding the like burden.

pilots, as

British ships 61. Provided also, That nothing in this act contained shall extend or be of the like

burden. construed to extend to subject the master or owner of any ship or vessel to any of the penalties of this act for employing any person or persons Masters not whomsoever as a pilot or pilots in and for the assistance of such ship or

liable to penal

ties for emvessel whilst the same shall be in distress, or in consequence thereof, or

ploying ununder any circumstances which shall have rendered it necessary for such licensed perowner or master to avail himself of the best assistance which at the time sons whilst could be procured, anything herein contained to the contrary thereof in ship in distress. anywise notwithstanding.

62. Provided always, and be it further enacted, That nothing in this Master or act contained shall extend or be construed to extend to subject to any mate, being penalty the master or mate of any ship or vessel, being the owner or part owner or part owner of such ship or vessel, and residing at Dover, Deal or the Isle of

residing at Thanet, for conducting or piloting such his own ship or vessel from any Dover, &c., of the places aforesaid, up or down the rivers Thames or Medway, or into may pilot his or out of any port or place within the jurisdiction of the Cinque Ports. own ship in

the Thames or

Medway. 63. Provided always, and be it further enacted, That when any ship or vessel shall have been brought into any port or ports in England by Ships brought any pilot duly licensed, nothing in this act contained shall extend or be

by pilots may construed to extend to subject to any penalty the master or mate, or be removed by other person belonging to such ship or vessel, and having the command the master, thereof, or if in ballast any person or persons appointed by any owner or &c., for cer

tain purposes. master or agent of the owner thereof, for afterwards removing such ship or vessel in such port or ports for the purpose of entering into or going out of any dock, or for changing the moorings of such ship or vessel.

64. And be it further enacted, That every master or other person Penalty for having the command for the time being of any ship or vessel, who shall reporting to report, or be privy or consenting to any other person's reporting, to any

pilots a false pilot taking the charge of such ship or vessel, a false account of the

vessel's draught of water of such ship or vessel, shall forfeit and pay for every draught of such offence, in addition to the payment of the full rate of pilotage to the water, or alpilot entitled thereto, double the amount of such pilotage; and any master tering the

marks denotor other person having the command for the time being of any ship or vessel, or having any interest, share or property therein, who shall ing such

draught. fraudulently alter any marks on the stem or stern post thereof, denoting the draught of water, or shall be privy and consenting thereto, shall for any such offence forfeit and pay the sum of five hundred pounds.

65. And be it further enacted, That a particular description of the per- Description of son of every pilot shall be written in or upon or endorsed on the back of pilot to be on his licence; and every captain or master or other person having the com- his licence, &c. mand of a ship or vessel shall

, on receiving a pilot on board, inspect his licence; and if he shall have reason to think that such pilot is not the person to whom the licence was granted, such captain or master or other person is hereby required forthwith to transmit a copy of such licence to the corporation or other authority by whom such licence shall have been granted, stating the date thereof, together with such account and description of the person producing such licence as may lead to the discovery of the offender.

account of a

66. And be it further enacted, That no person shall take charge of any No pilot shall

act until his

[ocr errors]

licence has ship or vessel, or in any manner act as a pilot, or receive any compensation been regis- for acting as a pilot, until his licence shall ha en registered by the tered, nor principal officers of the custom house of the place at or nearest to which without pro

such pilot shall reside, (which officers are hereby required to register the ducing it.

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 Penalty. of forfeiting a sum not exceeding thirty pounds nor less than ten pounds

for the first offence, and for the second or any subsequent offence a sum not exceeding fifty pounds nor less than thirty pounds, 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. Licences to be 67. And be it further enacted, That every pilot licensed or to be licensed delivered up

as aforesaid shall, at all times when thereunto required, produce or deliver when required, and yield up his licence to the corporation or other authority by which the of a pilot his

same was granted; and that on the death of any such pilot, his executors licence shall or administrators, or one of them, or the person or persons to whose hands be returned to the licence of such deceased pilot shall come, shall, without wilful delay, the corporation transmit such licence to the corporation or other authority by which the or authority

same was granted, on pain of such pilot, executor, administrator or other that granted it.

person forfeiting for any neglect therein a sum not exceeding twenty Penalty pounds nor less than forty shillings.

68. Enacts that pilots keeping public houses, &c. (unless authorized), or offending against the revenue laws, &c., shall forfeit their licences or be

suspended. Pilots sus

69. And be it further enacted, That if any person suspended or adjudged pended or ad. to have forfeited his licence as a pilot shall, during the time of such susjudged to have pension,

or after such adjudication, take upon himself to conduct any ship licences liable

or vessel as a pilot, such person shall be liable to all such penalties, to be to a penalty

recovered and applied in like manner and form, as are provided by this act for acting. against any person who shall pilot or conduct any ship or vessel without

ever having been licensed as a pilot. Licensed pilots 70. And be it further enacted, That it shall be lawful for any licensed may supersede pilot, within the limits of his licence and the extent of his qualification unlicensed

therein expressed, to supersede in the charge of any ship or vessel any

person not licensed to act as a pilot, or not licensed so to act within such Penalty on limits, or acting beyond the extent of his qualification; and every person unlicensed

assuming or continuing in the charge or conduct of any ship or vessel, persons acting without being a duly licensed pilot, or without being duly licensed to act as pilots after a proper pilot

as a pilot within the limits of which such ship or vessel shall actually be, shall have or beyond the extent of his qualification as expressed in his licence, after offered to take any pilot, duly licensed and qualified to act in the premises, shall have charge of the offered to take charge of such ship or vessel, shall forfeit for every such ship.

offence a sum not exceeding fifty pounds nor less than twenty pounds. When un

71. Provided always, and be it further enacted, That, for and not

withstanding anything in this act contained, any person whatsoever shall sons, &c., may and may lawfully, and without being subject to any penalty by this act act as pilots.

imposed, assume or continue in the charge or conduct of any ship or vessel as a pilot, where and so long as a pilot duly licensed and qualified shall not have offered to take the charge of such ship or vessel, or made a signal for that purpose, or where and so long as such ship or vessel shall be in distress, or under circumstances which shall have rendered it necessary

ones.

licensed per

« 이전계속 »