Places at which com The policy of the law, which seems formerly to have inclined towards compulsory pilotage for the supposed benefit of commerce and safety of seamen's lives (m), is now in favour of restricting compulsory pilotage within as narrow limits as possible. The Acts of 1854 and 1862 enable pilotage authorities to make bye-laws to regulate pilotage, and to exempt ships. It has been held that, under these powers, pilotage can, in no case, be made compulsory for ships which were exempt at the time of the passing of the Act of 1854 (n). The places at which, and the Acts, bye-laws, and Orders pulsory pilot in Council, under which compulsory pilotage exists at various ports in the United Kingdom are as follows:— age exists. Aberavon: See Port Talbot. Aberdeen Pilotage is compulsory for inward bound vessels; 31 & 32 Vict. c. 138 (Local), ss. 135, seq., for bye-laws see Parl. Pap. No. 232 of 1873; Ord. in Council of 25th June, 1872. Aberdovey: See London Trinity House. Arundel: Pilotage is compulsory for all vessels of 30 tons and upwards; 33 Geo. III. c. 100 (Local); for bye-laws see Parl. Pap. No. 269 of 1877. Ayr Pilotage is compulsory for vessels inward and outward bound; 18 & 19 Vict. c. 119 (Local), s. 51; except vessels under 40 tons; see Parl. Pap. No. 408 of 1867; for bye-laws see Parl. Pap. No. 408 of 1867. Ballina: Pilotage is compulsory for inward bound vessels; 23 & 24 Vict. c. 165 (Local), ss. 42, 43. Beaumaris: See London Trinity House. Belfast Pilotage is compulsory for vessels inwards and outwards, except ships in ballast and ships coming in from stress of weather and whilst within the limits of the out-pilot ground; see The Killarney, Lush. 202; The (m) Lucey v. Ingram, 6 M. & W. 302; The Fama, 2 W. Rob. 184. (n) Cf. The Earl of Aukland, Lush. 164; Reg. v. Stanton, 8 E. & B. 445; 25 & 26 Vict. c. 63, s. 40. 10 & 11 Vict. c. 52 (Local), ss. 98-106; for bye-laws see Parl. Pap. No. 408 of 1867 (0). Blakeney or Clay: Pilotage is compulsory for all vessels, except coasters of 50 tons and upwards, entering or leaving the harbour; 57 Geo. III. c. 70 (Local); for bye-laws see Parl. Paper, No. 268 of 1879. Boston: Pilotage is compulsory inwards and outwards for vessels over 30 tons; 16 Geo. III. c. 23 (Local); for bye-laws see Parl. Paper, No. 268 of 1879; see also 32 Geo. III. c. 79 (Local). Bridgwater: See London Trinity House. Bristol Pilotage is compulsory for all vessels navigating the Bristol Channel eastward of Lundy Island, except coasters, Irish traders, and vessels bound to or from Cardiff, Newport, or Gloucester; 47 Geo. III. (Sess. 2) c. 33 (Local), ss. 9-27; 24 & 25 Vict. c. 236 (Local), s. 4; for bye-laws see Parl. Papers, No. 408 of 1867, and No. 268 of 1879; Order in Council of 19th July, 1862. Caernarvon, Carlisle: See London Trinity House. Chester Pilotage is compulsory for inward bound vessels, except coasters and Irish traders; 16 Geo. III. c. 61 (Local); for bye-laws see Parl. Papers, No. 276 of 1875, and No. 268 of 1879. Clyde: See Glasgow. Colchester, and Dartmouth: See London Trinity House. : Drogheda Pilotage is compulsory inwards and outwards for all vessels except steam-ships; 5 Vict. Sess. 2, c. 56 (Local), ss. 200-205; and vessels under 30 tons; see bye-laws, Parl. Paper, No. 268 of 1879. : Dublin Pilotage is compulsory for all vessels inwards and outwards of the port of Dublin or the harbour of Kingstown, except coasters under 50 tons, vessels in ballast, and coasters laden with fish in bulk, or potatoes; 32 & 33 Vict. c. 100 (Local), ss. 20, seq.; for bye-laws see Parl. Paper, No. 292 of 1876. (0) The De Brus, Ir. Rep. A. 1 Eq. 72; The Arbutus, 2 Mar. Law Cas. O. S. 136. Dundalk: Pilotage is compulsory for all vessels, in and out, except vessels under 30 tons, and vessels coming in from stress of weather; 18 & 19 Vict. c. 189 (Local), ss. 91, seq. Elgin: See Lossiemouth. Exeter, Falmouth, Fleetwood, and Fowey: See London Trinity House. Fraserburgh: Pilotage is compulsory for all vessels inward bound; 2 & 3 Vict. c. 65 (Local), s. 82; for bye-laws see Parl. Paper, No. 232 of 1873. Gainsborough: See Kingston-upon-Hull. Galway: Pilotage is compulsory inwards and outwards from the roadstead to the docks for all vessels of and over 50 tons, and vessels coming in from stress of weather or contrary winds; 16 & 17 Vict. c. 207 (Local), ss. 62, seq.; and see 23 & 24 Vict. c. 202 (Local). Glasgow: Pilotage is regulated in the Clyde by 21 & 22 Vict. c. 149 (Local), s. 134, seq. It is compulsory for vessels over 60 tons navigating the Clyde between Hutchinsontown Bridge and a straight line drawn from the east end of Newark Castle to Cardross Burn, except vessels under 100 tons in tow of a tug whose master has a pilotage certificate; see Order in Council of 12th September, 1863. The bye-laws are in Parl. Papers, No. 408 of 1867, and No. 268 of 1879. Goole: See Kingston-upon-Hull. Grimsby: See Kingston-upon-Hull, and 12 & 13 Vict. c. 81 (Local). Harwich, and Holyhead: See London Trinity House. Ipswich, and Isle of Wight: See London Trinity House. King's Lynn: Pilotage is compulsory in and out for all vessels, except vessels under 30 tons; 13 Geo. III. c. 30 (Local); and except vessels arriving within the Marsh Cut banks without falling in with a pilot; for bye-laws see Parl. Paper, No. 204 of 1874, and Orders in Council of 1st March, 1864; 14th April, 1869; 21st February, 1874; and 26th March, 1878. Kingston-upon-Hull, Trinity House of: The Trinity House of Hull was incorporated by charters of 23rd Elizabeth and 13th Charles II. (p). Its jurisdiction (q) includes the river Humber, Hull, Goole, Selby, Grimsby, Gainsborough, Spalding, and Wisbeach. It is now regulated by 2 & 3 Will. IV. c. 105 (Local). Under that Act pilotage, outwards and inwards, is compulsory for all vessels except British coasters, British vessels drawing less than 6 feet of water, vessels putting in for shelter or provisions, and vessels under 100 tons drawing 10 feet, or less than 10 feet, of water and navigating between Goole and Hull Roads; see bye-law approved by Order in Council of 20th November, 1873; Parl. Papers, No. 204 of 1874, and No. 408 of 1867. See also for other bye-laws Parl. Papers, No. 178 of 1869, and No. 232 of 1873; and Orders in Council of 31st July (Gazette, 13th August), 1858, 11th January, 1859, 12th September, 1863, 10th May, 1872, and (as to Spalding) 25th June, 1857. It has been held that under the Local Act (ss. 22, 89) pilotage is not compulsory for a vessel being towed from one part of the port of Hull to another (r). In The Killarney (s) it was held that pilotage is compulsory for a Goole vessel inward bound to Goole. The compulsion is by virtue of 17 & 18 Vict. c. 104, s. 353, which continues 6 Geo. IV. c. 125, by which (s. 58) pilotage is compulsory in licensed waters, except (s. 59) (amongst other exceptions) where a ship is in her home port, being a port for which no “particular provision" as to pilotage had been made by Act or charter. The exception of s. 59 does not include Hull, for which provision was made by 52 Geo. III. c. 39. Pilotage certificates are granted to the masters of foreign ships by the Trinity House of Hull (t). By the original charters the Hull Trinity House was enabled to grant licenses to pilot vessels outward bound only. It was doubted by Dr. Lushington, in The Killarney, whether the (p) See The Killarney, Lush. 427, 436. (9) For the limits of the jurisdiction, see The Killarney, ubi supra; Beilby v. Raper, 3 B. & Ad. 284; Dock Company of Hull v. Browne, 2 B. & Ad. 43. (r) The Maria, L. R. 1 A. & E. 358. (8) Lush. 427. It seems, however, doubtful whether 6 Geo. IV. c. 125, ss. 58, 59, applies to Hull pilotage; see supra, p. 119, note (u). (t) Report of Pilotage Committee, 1870, p. 24. charters were valid to make pilotage compulsory under penalty, although they purported to do so. But by 52 Geo. III. c. 39, s. 21, provision was made for granting licenses for piloting vessels bound inwards. : Kirkcaldy Pilotage is compulsory for vessels inward bound under 12 & 13 Vict. c. 30 (Local), s. 31. Lancaster: Pilotage is compulsory in and out, 47 Geo. III. sess. 2, c. 37 (Local); for bye-laws see Parl. Pap. No. 408, of 1867. Littlehampton: See, Arundel. Liverpool Pilotage is compulsory inwards and outwards, except for coasting vessels in ballast, coasting vessels under 100 tons, and, perhaps, coasting steam-ships outward bound (u), 21 & 22 Vict. c. 92 (Local); for bye-laws see Parl. Pap. No. 408, of 1867, and Orders in Council of 9th May, 1866, and 30th Jan. 1854 (v). As to the meaning of "coasting vessels," see bye-law No. 148. The effect of the Act appears to be that vessels under 100 tons, not being coasters, are not exempt; see ss. 130–141. London: The principal pilotage authority in the United Kingdom is the London Trinity House, or the Trinity House of Deptford Strond. Its jurisdiction includes three districts, or classes of districts (a). They are (1) The London District, extending from Orfordness, on the north, to Dungeness, on the south, and comprising the Thames and Medway up to London and Rochester Bridges; (2) The English Channel District, extending from Dungeness to the Isle of Wight; (3) The Trinity Outport Districts, comprising any pilotage district for the appointment of pilots within which no particular provision is made by any Act of Parliament or charter (x). At Bridgwater, Ipswich, and Neath, the London Trinity House (u) This exemption is not expressly repealed by the Local Act, and seems to be still in force under 17 & 18 Vict. c. 104, s. 353. (v) For decisions under the Liverpool Act, see The Princeton, 3 P. D. 90; The City of Cambridge, L. R. 4 A. & E. 161; on app. ib. 5 P. C. 451; The Ocean Wave, L. R. 3 P. C. 205; The Annapolis and The Johanna Stoll, Lush. 295; and under the former Liverpool Act, Carruthers v. Sidebotham, 4 M. & S. 77; AttorneyGeneral v. Case, 3 Price 302; Rodriguez v. Melhuish, 10 Ex. 110; The Northampton, 1 Sp. E. & A. 152; The Agricola, 2 W. Rob. 10. (x) See 17 & 18 Vict. c. 104, s. 370. |