Pt. X. 585.

rendered by pilots; and also the amount paid by such ships (if any) as have, before reaching the outer limits of pilotage water if outward bound, or their port of destination if inward bound, to take or pay for two or more pilots, whether licensed by the same or by different pilotage authorities; together with the numbers of the ships of each of the several classes paying such several amounts as aforesaid:

(f.) the receipt and expenditure of all moneys received by or on behalf of the authority making the return, or by or on behalf of any sub-commissioners appointed by them, in respect of pilots or pilotage:

(g.) the receipts and expenditure, under separate accounts, in respect of any pension or superannuation funds administered by or under the control of the authority making the return.

(2.) Every pilotage authority shall allow the Board of Trade, or any person appointed by the Board of Trade for the purpose, to inspect any books or documents in the possession of that authority relating to any matter in respect of which a return is required under this section.

(3.) The Board shall cause any returns made to them under this section to be laid before both Houses of Parliament (a) without delay.

(4.) If any pilotage authority (other than the Trinity House, or sub-commissioners of pilotage appointed by them under this Part of this Act) fail, without reasonable cause, to deliver to the Board of Trade any return required under this section within one year after the time fixed by the Board of Trade for the purpose, or fail without reasonable cause to comply with the requirements of this section with regard to the inspection of books and documents, Her Majesty may, by Order in Council, direct that all the rights and powers of that authority in respect of pilotage shall cease or be suspended during such time as Her Majesty directs, and thereupon the Trinity House shall thereafter, or during the time for which the suspension continues, have the same powers of appointing sub-commissioners of pilotage, and of licensing pilots, and of establishing and altering rates of pilotage within the district of the authority making default, as the Trinity House are by this Act authorised to exercise in a district within which no particular provision for the appointment of pilots is made by any Act of Parliament or charter, and shall also during that time have the same rights, title, and powers to and in respect of any pilotage funds or other pilotage property which the pilotage authority making default would or might have had if the rights and powers of that authority had not ceased or been suspended.

(a) These returns are printed as a parliamentary paper from time to time.

Licensing of Pilots.

Pt. X. 586-589.

586.—(1.) A pilot (a) shall be deemed a qualified pilot for Registration of pilot the purposes of this Act, if duly licensed (b) by any pilotage licences. authority to conduct ships to which he does not belong.

[1854, es. 2,

(2.) Every qualified pilot, on his appointment, shall receive a 319.] licence containing his name and usual place of abode, a description of his person, and a specification of the limits within which he is qualified to act.

(3.) The chief officer of customs at the place at or nearest to which any qualified pilot resides shall, on his request, register his licence, and a qualified pilot shall not be entitled to act as such, until his licence is so registered.

(4.) Every qualified pilot acting beyond the limits for which he is qualified by his licence shall be considered an unqualified pilot.

(a) See definition of "pilot," s. 742.

(6) As to the saving of existing licences, see s. 745.

As to the meaning of "qualified pilot," see also s. 633, note (c), citing The Carl XV.

pilotage

587. Every qualified pilot shall, on receiving his licence, be Copies of furnished with a copy of this Part of this Act, and with a copy provisions to of the rates, byelaws, and regulations established within the be furnished district for which he is licensed; and he shall produce those to pilot. copies to the master of any ship, or other person employing him, [1854, s. 350.] when required to do so, and if he fails without reasonable cause to do so, shall be liable to a fine not exceeding five pounds.

duce licence

588.-(1.) Every qualified pilot when acting in that capacity Licensed shall be provided with his licence and shall produce the same to pilot to proevery person by whom he is employed or to whom he offers his services as pilot (a).

(2.) If a qualified pilot refuses, on the request of any such person, to produce his licence, he shall for each offence be liable to a fine not exceeding ten pounds, and shall be subject to suspension or dismissal by the pilotage authority by whom he is licensed (b).

(a) See Hammond v. Blake (1830), 10 B. & C. 424; 5 M. & R. 361, where a master was held not liable to a penalty under s. 58 of 6 Geo. 4, c. 125 (cf. 1894, s. 598 (2)), for refusing to employ a pilot who did not produce his licence as required by s. 66 of that Act. Cf. Usher v. Lynn (1816), 2 Price, 118. (b) See, also, as to dismissal by pilotage committee, &c., s. 609.

to employer.
[1854, s. 351.]

and return

589.-(1.) Every qualified pilot, when required to do so by Production the pilotage authority by whom he is licensed, shall produce or of licence to deliver up his licence to that authority (a).

pilotage

(2.) On the death of any qualified pilot, the person into authority. [1854, s. 352.]

Pt. X.

590-592. whose hands his licence comes shall without delay transmit it to the pilotage authority who licensed the deceased pilot.

Penalty on

of licence.

(3.) If any pilot or other person fails to comply with the requirements of this section, he shall for each offence be liable to a fine not exceeding ten pounds.

(a) In Henry v. The Trinity House Board of Newcastle (1858), 27 L. J. M. C. 57; 8 E. & B. 723, it was held that these words were absolute and unqualified, and that the authority might at any time, however arbitrarily, call upon the pilot to deliver up his licence; and that upon his refusal to do so, he was liable

to conviction.

Cf. s. 621, as to power of Trinity House to revoke or suspend licence.

590. If an unqualified pilot for the purpose of making fraudulent use himself appear to be a qualified pilot uses a licence which he is not entitled to use, he shall for each offence be liable to a fine not exceeding fifty pounds.

[1854, s. 361.]

Recovery of

Recovery of Pilotage Dues and other Rights of Pilots. 591.—(1.) The following persons shall be liable to pay pilotage dues, pilotage dues (a) for any ship for which the services of a [1854, ss. 363, qualified pilot are obtained, namely :

364.]

Receiving or offering improper rates

of pilotage.

[1854, s. 358.]

(a.) the owner or master:

(b.) as to pilotage inwards, such consignees or agents as have paid or made themselves liable to pay any other

charge on account of the ship in the port of her arrival or discharge:

(c.) as to pilotage outwards, such consignees or agents as have paid or made themselves liable to pay any other charge on account of the ship in the port from which she clears out;

and those dues may be recovered in the same manner as fines of like amount under this Act, but that recovery shall not take place until a previous demand has been made in writing.

(2.) Any consignee or agent (not being the owner or master of the ship) who is hereby made liable for the payment of pilotage dues in respect of any ship may, out of any moneys received by him on account of that ship or belonging to the owner thereof, retain the amount of all dues paid by him, together with any reasonable expenses he may have incurred by reason of the payment of the dues or his liability to pay the dues.

(a) These do not include an allowance payable to a pilot taken out of his district, see note to s. 594.

592. A qualified pilot shall not demand or receive, and a master shall not offer or pay to any pilot, any other rate in respect of pilotage services (@), whether greater or less, than the

rate which may be demanded by law (b), and, if a pilot or master acts in contravention of this enactment, he shall for each offence be liable to a fine not exceeding ten pounds.

(a) This applies only to pilotage services proper. Where the services rendered could not reasonably be considered to come within the scope of his contract as pilot, he may be entitled to salvage reward from the ship of which he is in charge or from a ship salved by her. See note (c) to s. 546.

As to compensation for damage to boats, towage, extraordinary services, &c., see The General Palmer (1828), 2 Hagg. 176; and The Enterprise, ib. p. 178, n. As to compensation for loss of life or personal injuries, see Workmen's Compensation Act, 1906, s. 7 (3).

(b) As to the power of the Trinity House to relax this provision within their district, see s. 626, sub-s. (2).

Pt. X. 593-595.

593. If any boat or ship having on board a qualified pilot Pilotage rate leads any ship which has not a qualified pilot on board when for leading ships. the last-mentioned ship cannot from particular circumstances be [1854, s. 356.] boarded, the pilot so leading the last-mentioned ship shall be entitled to the full pilotage rate for the distance run as if he had actually been on board and had charge of that ship.

As to circumstances in which such a pilot might be entitled to salvage reward from the last-mentioned ship, cf. The Santiago (1900), 83 L. T. 439; 9 Asp. M. L. C. 147; and s. 592, note (a), s. 546, note (c).

594.-(1.) A pilot, except under circumstances of unavoid- Allowance able necessity, shall not, without his consent, be taken to sea or to licensed beyond the limits for which he is licensed in any ship whatever, out of his pilot taken and if he is so taken under circumstances of unavoidable neces- district. sity, or without his consent, shall be entitled, over and above his [1854, s. 357.] pilotage dues, to the sum of ten shillings and sixpence a day.

(2.) The sum so to be paid shall be computed from and inclusive of the day on which the ship passes the limit up to which the pilot was engaged to pilot her, and up to and inclusive of either the day of his being returned in the said ship to the place where he was taken on board, or, if he is discharged from the ship at a distance from that place, such day as will allow him sufficient time to return thereto; and in the last-mentioned case he shall be entitled to his reasonable travelling expenses.

The sum of ten shillings and sixpence a day is not "pilotage dues" for which the consignees or agents are liable under s. 591. Morteo v. Julian (1879), 48 L. J. M. C. 126; 4 Č. P. D. 216.

595.—(1.) The master of a ship, on being requested by any Penalty on qualified pilot having the charge of his ship, shall declare her making a draught of water.

false declaration to pilot

(2.) If a master refuses so to declare the draught of water, or as to draught himself makes, or is privy to any other person making, a false of ship. declaration to the pilot in relation thereto, he shall for each [1854, 8. 359.] offence be liable to a fine not exceeding double the amount of pilotage dues which would have been payable to that pilot. (3.) If the master of a ship, or any other person interested

Pt. X.

596-598. in the ship, makes, or is privy to the making of, any fraudulent alteration in the marks on the stem or stern post of the ship denoting the draught of water (a), he shall for each offence be liable to a fine not exceeding five hundred pounds.

Occasions on which unqualified pilots may act.

[1854, s. 362.]

Power of qualified

to supersede unqualified pilot.

(a) As to these marks, see s. 7.

596. An unqualified pilot may, within any pilotage district, without subjecting himself or his employer to any penalty, take charge of a ship as pilot:

(b.)

(a.) when no qualified pilot has offered to take charge of that
ship, or made a signal for that purpose (a):
when a ship is in distress, or under circumstances making
it necessary for the master to avail himself of the best
assistance which can be found at the time: or
(c.) 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 the 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.

(a) See s. 612 and note thereto, for signals to be displayed by pilot-boats.

597. A qualified pilot may supersede an unqualified pilot, but the master shall pay to the unqualified pilot a proportionate sum for his services, and deduct that sum from the charge of the qualified pilot; and in case of dispute the pilotage authority by [1854, 8. 360.] whom the qualified pilot is licensed shall determine the proportionate sums to which each party is entitled.

Penalties as to employment of unqualified pilot.

[1854, ss. 353,

361; 52 & 53 Vict. c. 68, 8. 5.]

Semble, a pilot qualified to conduct ships drawing more than in the Thames and Medway would have a right to supersede a such a ship who was not so qualified, though the latter was a for other vessels. The Carl XV., 61 L. J. P. 111; [1892] P. 324.

to s. 598.

14 feet of water pilot in charge of qualified pilot See also note (c)

598.-(1.) If an unqualified pilot (a), whether within a district in which pilotage is compulsory or outside such a district, assumes or continues in the charge of (b) a ship after a qualified pilot (c) has offered (d) to take charge of the ship he shall for each offence be liable to a fine not exceeding fifty pounds.

(2.) If a master of a ship whether navigating within a district in which pilotage is compulsory or outside such a district, knowingly employs or continues to employ an unqualified pilot after a qualified pilot (c) has offered (d) to take charge of the ship or has made a signal for that purpose, he shall for each offence be liable to a fine of double the amount of pilotage which could be demanded for the conduct of the ship.

(a) See s. 586; s. 597, note; and Turner v. Peat (1888), 53 J. P. 230 (mate convicted for acting as pilot).