페이지 이미지
PDF

Pt. x.

£04. (") "2V" tame >l(>t being a port or place in relation to icliic/i particular provision,

-— — &c."—This exception to the general exemptions of s. 59 was held to apply to a

Goole ship in Goole, inward bound to that place, by reason of 52 Geo. 3, c. 39, s. 21, which provides for the appointment of pilots by the Hull Trinity House for piloting ships into and out of any ports in their jurisdiction. The Killarncy (1862), Lush. 427; 6L.T. &08.

The charter granted to the Trinity Corporation by King James II., and providing for the appointment of pilots for the Thames, was held to be a particular provision within this exception. The Hankow (1879), 4 P. D. 197 ; 48 L. J. Ad. 29. But it seems that a local Act, which merely applies to a particular port the general provisions of C Geo. 4, c. 125, with regard to tho appointment of piloti, does not amount to a "particular provision." See Hadgraft v. Hcwith (Ipswich) (1875), 44 L. J. M. C. 140; L. R. 10 Q. B. 350, a decision under similar words in M. S. A. 1854, s. 370 (1891, s. 618), cited in note to s. 618.

(o) As to the construction of this section, see Tcake v. Screech (1845), 7 Q. B. 603; Williams v. Newton (1845), 14 M. & W. 747.

(p) As to this section, see M'Intosh v. Sladc (1827), 6 B. & C. 057; 5 L. J. (O. S.) K. B. 345; Lueey v. Ingram (1840), 6 M. & W. 302; and the latter case explained by Patteson, J., in Martin v. Temper-ley (1843), 12 L. J. Q. B. 129; 4 Q. B. 298; and by Brett, L. J., in The Guy Mannering (1882), 7 P. D. 132; 51 L. J. Ad. 57.

Home-trade 604.—(1.) The master of every ship carrying passengers (a)

v??sen£er between any place in the British Islands, and any other place

carry pilots. so situate (/;), shall, while navigating within the limits of any

[i854,ss.35t, district for which pilots are licensed under this or any other

355.] Act (c), employ a qualified pilot, unless he or the mate of his

ship holds a pilotage certificate or a certificate granted under

this section applying to the district, and, if he fails to do so,

shall for each offence be liable to a fine not exceeding one

hundred pounds.

(2.) The Board of Trade on the application of the master or mate of any such ship as aforesaid (d), and on being satisfied, by examination or otherwise, as the Board may deem expedient, of the competency of that master or mate, may grant him a certificate authorising him to pilot any ship or ships belonging to tho same owner (c) and not being of greater draught of water than that stated in the certificate within the limits aforesaid, and any master or mate to whom the certificate is granted (/) shall be entitled to conduct any such ship as is specified in the certificate within tho limits specified in the certificate (g).

(3.) The certificate shall remain in force for such time as the Board of Trade may direct and may be endorsed on any certificate of competency obtained under the Second Part of this Act. (4.) A master or mate shall on the application for a certificate under this section, or for a renewal thereof, pay to the Board of Trade, or as the Board directs, such fees not exceeding those payable under the Second Part of this Act on an examination for a master's certificate of competency as the Board of Trade may direct, and those fees shall be applied as the fees payable on that examination (A).

* The marginal note is misleading, for the section does not apply to all hometrade passenger ships: see definition, s. 742.

Pt. X.

(«) As to what amounts to "carrying passengers" see note (a) to 8. 625, and of. 605—606. 6. '267 and note "Passenger" thereto. = ="="

(A) For the definition of " British Islands," see Tho Interpretation Act, 1889, s. 18, and note to s. 742. The terra is here substituted for " United Kingdom or the islands of Guernsey, Jersey, Sark, Alderney, and Man" in the repealed section.

As to the construction of this sub-section with s. 003, sub-s. (1), see general note to latter, citing The Temora.

"Ships navigating within the limits of the port to which they belong " are exempted, under s. 025, "when not carrying passengers," but if they carry passengers they must, under s. 604, sub-s. (1), employ a pilot. Dublin Port and Docks Board v. Shannon (1873), 7 Ir. R. C. L. 110.

(<0 As to the Tyne, see The Johann Smdrup (1880), 50 L. J. Ad. 03; 12 P. D. 43: The Warsaw, 07 L. J. P. 50; [1898] P. 127.

As to the Mersev, see The Servia v. Carinthia, 07 h. J. Ad. 36; [1898] P. 30; The Mcrccdts de La'rrinaga, 73 L. J. P. 05; [1901] P. 215.

As to Leith, see Randall v. Rcnton (1902), 5 F. Ct. of Sess. Cas. (5th Series), 10.

(d) I.e., such ships only as arc described in sub-s. (1). The Earl of Auckland (1861), Lush. 1G4, 387; 5 L. T. 558. The master or mate must bo a British subject, see M. 8. A. 1900, s. 73.

(?) As to the invalidity of a certificate through misdescription therein of the owner, see The Earl of Auckland and The Bristol City, cited in note (a) to s. 599.

(/) As to the effect of a certificate signed and sealed but not yet in possession of the master or mate, see s. 599, note (r).

(g) See tho provisions of s. 613, sub-s. (2), as to display of pilot flag.

(A) See s. 97 and the 4th Schedule.

605.—(1.) The master and owner of any ship passing through Exemption any pilotage district in the United Kingdom on a voyage ,H!"combetween two places both situate out of that district, shall be pSo'tage. exempted from any obligation to employ a pilot in that district [isci, s. 41.] or to pay pilotage rates when not employing a pilot within that district.

(2.) The exemption under this section shall not apply to ships loading (a) or discharging at any place situate within the district or at anj^ place situate above the district on the same river or its tributaries (b).

(o) "loading" does not refer to cargo only. A steamer loading coals for the purposes of the voyage is not exempt. The Winston (1884), 53 L. J. P. 69; 9 P. D. 85 (C. A.).

(A) Tributaries.—Manchester docks, through which the waters of the R. Irwell

£ass on their way into tho Mersey, have been held to be on a tributary of tho [ersey within the meaning of this section. See The Mercedes de Larrinaga, [1904] P. at p. 227.

Offences, and Suspension and Dismissal, of Pilots.

606.—(1.) If a qualified pilot, either within or without the offences of district for which he is licensed,— pilots.

(a.) himself keeps, or is interested in keeping by any agent, tl8j4>s- 36 1 servant, or other person, any public-house or place of public entertainment, or sells or is interested in selling any wine, spirituous liquors, tobacco, or tea;

Pt. X.

606. (b.) commits any fraud or offence against the revenues of

customs, or against the excise or the laws relating thereto;

(c.) is in any way directly or indirectly concerned in any corrupt practices relating to ships, their tackle, furniture, cargoes, crews, or passengers, or to persons in distress at sea or by shipwreck, or to their moneys, goods, or chattels;

(d.) lends his licence;

(e.) acts as pilot whilst suspended;

(f.) acts as pilot when in a state of intoxication;

(g.) employs or causes to be employed on board any ship of which he has charge any boat, anchor, cable, or other store, matter, or thing, beyond what is necessary for the service of that ship, with intent to enhance the expenses of pilotage for his own gain or for the gain of any other person;

(h.) refuses or wilfully delays, when not prevented by illness or other reasonable cause, to take charge of any ship within the limits of his licence, upon the signal for a pilot being made by that ship, or upon being required to do so by the master, owner, agent, or consignee thereof, or by any officer of the pilotage authority by whom the pilot is licensed, or by any chief officer of customs (a);

(i.) unnecessarily cuts or slips or causes to be cut or slipped any cable belonging to any ship;

(k.) refuses, when requested by the master, to conduct the ship of which he has charge into any port or place into which he is qualified to conduct the same, except on reasonable ground of danger to the ship; or

(1.) quits the ship of which he has charge without the consent of the master, before the service for which he was hired has been performed (6),

that pilot shall for each offence, in addition to any liability for damages, be liable to a fine not exceeding one hundred pounds.

(2.) If any person procures, aids, abets, or connives at the commission of any offence under this section, he shall, in addition to any liability for damages, be liable to a fine not exceeding one hundred pounds.

('■I.) If a qualified pilot commits an offence under this section, or procures, aids, abets, or connives at the commission of any such offence, he shall in addition to his liability to a fine, be liable to suspension or dismissal by the pilotage authority by whom he is licensed.

(a) A pilot is not bound to go on board a damaged ship for mere pilotage reward where the eircumntanees would entitle him to salvage reward, see The Frederick (1838), 1 W. Rob. 10.

(/' It seems that a pilot is not entitled to quit a ship where emergencies occur,

Pt. X.

which require extraordinary services from him such as would entitle him to 607 610.

salvage. Soe The Saratoga (1861), Lush. 318. It is his duty to stand by his 1

■hip, although his services in doing so may entitle him to salvage remuneration. The Santiago (1900), 9 Asp. 147; 83 L. T. 439.

607. If any pilot (a), when in charge of a ship, by wilful Penalty on breach of duty or by neglect of duty, or by reason of drunken- Pilot enness, either- " _ »

(a.) does any act tending to the immediate loss, destruction, orhmb

or serious damage, of the ship, or tending immediately C185t> "•366-]
to endanger the life or limb of any person on board
the ship; or

(b.) refuses or omits to do any lawful act proper and requisite
to be done by him for preserving the ship from loss,
destruction, or serious damage, or for preserving any
person belonging to or on board the ship from danger
to life or limb,

that pilot shall in respect of each offence be guilty of a misdemeanor, and, if a qualified pilot, shall also be liable to susEension or dismissal by the pilotage authority by whom he is censed.

(a) See definition, s. 742.

As to the non-liability of the authority by whom the pilot is licensed, see Shaw, Savill and Albion Co. v. Timaru Harbour Board (1890), 59 L. J. P. C. 77; 16 App. Cas. 429.

608. If any person by wilful misrepresentation of circum- Penalty on stances upon which the safety of a ship may depend obtains, or pilot obtaiuendeavours to obtain, the charge of that ship, that person and 0f^c8h*pgby every person procuring, abetting, or conniving at the com- misrepresenmission of the offence shall, in addition to any liability for tation. damages, be liable for each offence to a fine not exceeding one [185l>8- 367-] hundred pounds, and, if a qualified pilot, also to suspension or dismissal by the pilotage authority by whom he is licensed.

609. Where provision has been made in pursuance of this Powers of Part of this Act (a) for the representation of pilots on the pilotage pilotage committee, or commissioners, or sub-commissioners for ^"jmdOT ° any pilotage district, the committee, commissioners, or sub- dismiss pilot. commissioners shall have the like power to suspend or dismiss, [52 & 53 Vict. or to suspend or revoke the licence of, any pilot licensed for that c- G8>B- 30 district who is guilty of an offence under this Part of this Act (b)

as the pilotage authority have.

(a) See s. 577.

(4) This refers to the offences mentioned in ss. 606—608, and s. 588, sub-s. (2), which last was not within the application of the section reproduced in s. 609.

610.—(1.) If a pilot is aggrieved by the decision of a pilot- Appeals from age authority or a pilotage committee, or of any commissioners suspension

Pt. X. 610. or sub-commissioners for a pilotage district, with respect to his [52 & 53 Vict, suspension or dismissal, or the suspension or revocation of his c. 68, as. 4,12, licence, or the imposition of a fine which exceeds two pounds, or 130 the application of any pilotage fund to which he has contributed

prejudicing his rights in respect of the fund, he may appeal therefrom either to a judge of county courts having jurisdiction within the port for which the pilot is licensed, or to a metropolitan police magistrate (a) or stipendiary magistrate having jurisdiction within that port.

(2.) For the purpose of hearing the appeal, the judge or magistrate shall sit with an assessor of nautical and pilotage experience.

(3.) The assessor shall be selected and summoned by the judge or magistrate, but if the appellant is a pilot licensed by the Trinity House for any district on the coast of England or Wales, the assessor shall be selected from the Brethren of the Trinity House.

(4.) Objection may be taken to any person proposed to be summoned as an assessor, either personally or in respect of his qualification, and by either party to the appeal.

(5.) The judge or magistrate may either confirm or reverse the decision appealed against, or modify the same by increasing or decreasing any penalty or otherwise, as may seem just, and his decision shall be final.

(G.) The costs incurred by a pilotage authority under this section shall be payable out of any fund applicable to the general expenses of the pilotage authority.

(7.) llules with respect to the procedure under this section (including costs and the remuneration of assessors) may be made, as respects county court judges, by the authority having 61 & 52 Vict, power to make rules of practice under the County Courts Act, "• *3- 1888, and as respects metropolitan police and stipendiary

magistrates by a Secretary of State, but in either case with the concurrence of the Treasury as to fees.

(8.) In Scotland the appeal under this section shall be to the Bheriff having jurisdiction at the port where the decision is given, and may be heard by the sheriff sitting with an assessor as provided in this section, and rules may be made by the court of session by Acts of sederunt with respect to the proceduro in case of those appeals in Scotland (including costs and the remuneration of assessors) subject to the concurrence of the Treasury as to fees.

(9.) In the application of this section to Ireland—

(a.) The expressions "judge of county courts" and "judge" shall respectively mean a county court judge and chairman of quarter sessions, and include recorder;

(b.) The expression " stipendiary magistrate" and " magis

« 이전계속 »