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The Merchant Shipping Act, 1854, provided, by sect. 331, that all pilotage authorities should retain all powers and jurisdiction which they then lau fully possessed, 80 far as the same were consistent with the provisions of that Statute. The earlier Acts relating to pilotage were at that time in force (although they were subsequently repealed by the Merchant Shipping Repeal Act, 1854), so that it is necessary still to refer for some purposes to the earlier repealed Statutes. (See the text, Chapter V.) For this reason such of the provisions of the 6 Geo. 4, c. 125, as are likely to be useful are retained here.
6 GEO. 4, c. 125. An Act for the Amendment of the Law respecting Pilots and Pilotage;
and also for the better Preservation of Floating Lights, Buoys and Beacons.
(5th July, 1825.] 1. Recites and repeals 52 Geo. 3, c. 39; 55 Geo. 3, c. 87, and all provisions in other acts relating to pilots and pilotage, repealed.
2. And be it further enacted, That from and after the passing of this The corporaact it shall be lawful for the said corporation of Trinity House of Deptford tion of Trinity Strond, and they are hereby required, after due examination, to appoint and House of
Deptford license, under their common seal, fit and competent persons duly skilled to
Strond to act as pilots for the purpose of conducting all ships and vessels sailing, license pilots navigating and passing as well up and down or upon the rivers of Thames to act within and Medway, and all and every
the several channels, creeks and docks certain limits. thereof or therein, or leading or adjoining thereto, 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, navigating and passing as aforesaid (save and except as hereinafter provided) shall be conducted and piloted, within the limits aforesaid, by such pilots so to be appointed and licensed, and by no other pilots or persons whomsoever:
3. And be it further enacted, That no person shall be licensed by the Noperson shall said corporation of Trinity House of Deptford Strond as a pilot who shall be licensed by not have served as mate for three years on board of or who shall not have the corporation been for one year in the actual command of a square-rigged vessel of not except as
herein speciless than eighty tons register tonnage as to licences for the North Channel fied, nor take upwards, and not less than one hundred and fifty tons register tonnage as charge of a to licences for the North Channel, Queen's Channel, South Channel, or ship drawing other channels downwards, or who shall not have been employed in the more than pilotage or buoyage service of the said corporation of Trinity House for until he shall seven years, or who shall not have served an apprenticeship of five years have acted to some pilot vessel licensed under the said act passed in the fifty-second three years, year of the reign of his said late Majesty, or under this act; and that no and have been person so licensed shall take charge as a pilot of any ship or vessel then examined
and again apdrawing more than fourteen feet water in the rivers Thames or Medway,
14 feet water
or any of the channels leading thereto or therefrom, until such person shall have acted as a licensed pilot for three years, and shall have been
after such three years, on re-examination, approved of in that behalf by Penalty as well the said corporation of Trinity House, on pain of forfeiting ten pounds for by person act
every such offence, as well by the person acting as such pilot, as also by ing as by the
the master or other person having the command of such ship or vessel, person in command permit
who shall permit any such person to take charge as a pilot of the same, ting him. contrary to the provision aforesaid.
4. Requires pilots to pay annually 31. 38., and 6d, in the pound on their earnings, to the Trinity House, to be applied to the purposes of the Pilots' Fund.
5. And be it further enacted, That it shall be lawful for the said cortion of Trinity poration of Trinity House of Deptford Strond and they are hereby House shall
required, to appoint from time to time (as often and for such periods as appoint subcommissioners
they in their discretion shall think fit) proper and competent persons at to examine
such ports or places in England as they may think requisite (except pilots at the within the liberty of the Cinque Ports, and all such other ports and places requisite ports, within or for which particular provision shall have been made by any act and on their or acts of Parliament, or by any charter or charters for the appointment certificate of
of pilots), not to exceed five nor less than three persons at each port or qualification may grant
place for which any such appointment shall be made, which persons so to licences. be appointed shall be called Sub-Commissioners of Pilotage, and shall
take the oath in the schedule hereunto annexed marked (C.), for the faithful discharge of their duty; and such persons so to be appointed shall examine and they are hereby authorized (so long as their respective deputations or appointments shall not be revoked, or superseded by the appointment of other persons in their places), to examine into the qualification of persons to act as pilots for such respective ports and places and the adjoining coasts specified in their respective deputations or appointments as aforesaid ; and it shall be lawful for the said corporation, upon their receiving a satisfactory certificate under the hands of any three of the person so to be appointed, where the whole number at any port or place shall consist of four or five, and of any two where the whole number shall consist of three, that the person examined as aforesaid is duly qualified to act for such port or ports and the adjoining coasts, to give a licence to such person to act as a pilot within the particular limits (describing the
same) for which he shall have passed such examination. The Trinity 6. Provided always, and be it further enacted, That it shall be lawful Houses of Hull for the corporations of the Trinity Houses of the ports of Hull and Newand Newcastle castle respectively to appoint
sub-commissioners of pilotage to examine appoint sub-commis
pilots, and give licences for them to pilot ships and vessels into or out of sioners. any ports, harbours or places within the limits of their respective jurisdic
tions, anything in this act contained to the contrary notwithstanding : Sub-commis- Provided always, that such sub-commissioners as have been already sioners already appointed, either by the said corporation of Trinity House of Deptford appointed shail continue to act.
Strond, or by the said corporations of the Trinity Houses of the ports of Hull and Newcastle (a) respectively, under the authority of any act or acts of Parliament heretofore passed shall continue to act in the same
manner as if they were appointed under this act. Notice of ap- 7. And be it further enacted, That when and as soon as the said corpointment of poration of Trinity House of Deptford Strond shall have licensed pilots pilots by the
for any particular port or ports, and the respective coasts near the same
(a). A large part of the jurisdiction in pilotage matters of the_Trinity House of Newcastle-upon-Tyne, is
now vested in the Tyne Pilotage Commissioners, 28 Vict. c. 44, s. 11.
Strond to be
as aforesaid, they shall cause notice of such licences to be published by corporation of fixing up such notice in writing at the Trinity House and at the Custom Trinity House House in London, and also at the respective custom houses of the ports of Deptford for which, and for the coasts near the same, such licences shall be granted, fixed up at the and shall also afterwards cause such notice to be published in the London Trinity House, Gazette, and in one or more of the newspapers circulated in that part of &c., after the country where the ports shall respectively be situated, which publi- which no other cation in the London Gazette shall be good and sufficient evidence of such pilot or person notice having been given; and from and after a time or times to be limited shall act. in the said notice, which shall not in any case, or in relation to any ships or vessels whatever, be less than six weeks from the publication thereof as aforesaid, and shall be proportionably more, at the discretion of the said corporation, in relation to ships and vessels engaged in foreign voyages at the time of such publication, all ships and vessels sailing, navigating or passing into or out of the said respective ports, or upon
the coast thereof (save and except as hereinafter mentioned), shall be conducted and piloted by such pilots only as shall be so licensed as aforesaid, and by no other pilots or persons whomsoever.
8. And be it further enacted, That it shall be lawful for the said cor- Trinity House poration of Trinity House of Deptford Strond, and they are hereby autho- shall establish rized and required to establish, vary and alter from time to time, as cir- rates for pilotcumstances shall render the same necessary, rates of pilotage, in relation age performed to all pilotage performed in any river, port or place, or upon any coast licensed on whatever, by any pilot or pilots already licensed, or who shall be licensed certificates. by the said corporation, upon their receiving certificates of examination from sub-commissioners of pilotage as aforesaid, which rates shall be regulated by and proportioned as well to the size and draught of water of the vessels, as to the distance piloted, the detention and responsibility of the pilot, and such other circumstances as the said corporation may think fit to take into consideration in fixing and establishing such rates; of which establishment or alteration of rates of pilotage notice shall be of which rates given, by hanging up printed tables thereof, corrected from time to time tables shall be as variations therein shall be made, at the several custom houses at the hung up at the
Custom Houses ports to which the said rates shall apply; and no greater or less rates, or of the respecother reward or emolument for such pilotage, shall under any pretence tive ports, and whatever be demanded, solicited, received, paid or offered, on pain of no greater or forfeiting ten pounds for every such offence, as well by the person de- less rates shall manding, soliciting or receiving, as by the person paying or offering such be received or
paid. greater or less rates, reward or emolument; provided that ships returning by distress of weather, contrary winds or on account of accident, into ports in the districts of the Isle of Wight, Plymouth and Falmouth, shall be subject to pay one-half of the common pilotage in the said ports.
9. Provided always, and be it further enacted, That if the major part Majority of in number of the pilots who shall be licensed by the said corporation of pilots, or any Trinity House of Deptford Strond for any particular port or place, in con- shipowner, sequence of their receiving certificates of examinations as aforesaid, shall being
dissatisbe dissatisfied with the rates so established or altered for such port rates, may or place, or in case any owner of any ship or vessel interested in any such appeal to Privy rates shall be dissatisfied therewith, it shall be lawful for such parties Council. respectively to appeal to his Majesty, his heirs and successors, in his or their most honourable Privy Council, and for any committee of such Privy Council, calling to their assistance any such persons as they may think fit, to hear and determine the matter of such appeal or appeals, and to settle, alter and regulate such rates as to them shall appear to be expedient,
in case the matter of such appeal shall, in the discretion of the said Privy Council or committee thereof, appear to require the making of any order therein. 10. And be it further enacted, That all and every the licences to be Licences to be
granted for granted under the authority of this act by the said corporation of Trinity
until the thirty-first day of January next ensuing the date thereof, and no
or may be thereunto authorized by the said corporation.
the good conduct and constant attendance of such pilots upon their duty
Masters of 19. And be it further enacted, That the master or other person having ships from the the command of any ship or vessel coming from the westward, and bound westward not
to any place in the rivers of Thames or Medway, not having a duly qualihaving a pilot fied Cinque Port pilot on board, shall, on the arrival of such ship or vessel shall display a signal for one,
off Dungeness, and until she shall have passed the south buoy of the Brake, and facilitate or a line to be drawn from Sandown Castle to the said buoy, or have been his getting on
at anchor for one hour, as hereinafter mentioned, display and keep flying board
the usual signal for a pilot to come on board; and if any duly qualified
(6) See 16 & 17 Vict. c. 129, s. 23, repealing the rest of the section as to the confirmation of these bye-laws by
the Chief Justice of the Queen's Bench or Common Pleas.
who shall within the limits aforesaid decline to take on board the first duly qualified Cinque Port pilot who shall offer, or to give charge of his ship or vessel to such duly qualified Cinque Port pilot, or who shall not heave to, shorten sail or otherwise consistently with the safety of the ship or vessel facilitate such pilots coming on board as aforesaid, shall forfeit and pay double the amount of the sum which would have been demanded for the pilotage of such ship or vessel: Provided always, that if any ship or vessel Penalty. coming from the westward, and bound to any place in the rivers Thames Ships anchoror Medway shall anchor anywhere in the Downs between the South Fore- ing within cer. land and a line drawn from Sandown Castle to the south buoy of the Brake, tain limits, not having any licensed pilot other than a duly qualified Cinque Port pilot on
having a board, it shall not be necessary for the master of such ship or vessel to pilot, shall
Cinque Port display or keep flying the usual signal for a pilot to come on board thereof, display a any longer than for and during one hour next after such ship or vessel signal, and shåll so have anchored as aforesaid; and it shall be lawful for any duly Cinque Port qualified Cinque Port pilot, at any time before such ship or vessel shall pilots may,
within an hour have been at anchor one hour with such signal flying as aforesaid, to
repair on repair on board the same, and to take charge of her up the said rivers, but board, and not otherwise.
26. Provides that rates may be varied by the corporation of Trinity House and Lord Warden of the Cinque Ports respectively, with the consent of the Privy Council.
27. Provides that persons applying for licences shall execute a bond for securing obedience to bye-luws.
28. Bye-laws, &c. under former act to remain valid, unless altered by this act.
29. Licences may be revoked, annulled or suspended.
30. Pilots 30 suspended, &c. and persons complaining against them, may appeal to the Privy Council.
31. Empowers the Trinity House and other societies to license vessels for the purpose of having pilots constantly in attendance in them at sea.
32. Directs how pilot boats are to be distinguished, and renders liable to a penalty persons concealing marks.—Pilots carried of in any other boat are to display a flag.
33. Imposes a penalty for carrying distinguishing flag without having a pilot on board.
34. Directs that a boat running before a vessel not having a pilot, and which cannot be boarded, shall be entitled to pilotage.
35. Requires that the names, &c. of pilots appointed shall be transmitted to the Trinity House, and a list of all pilots annually to the Trinity House and Custom House.
36. Directs that the commissioners of customs shall transmit to their principal officers at ports in England the names, &c. of pilots residing within the limits of each port.
37. Directs that lists of vessels employed for pilotage, with the number of hands, shall be annually transmitted to the receiver of six-penny duty in the port of London.