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Pt. X.

624—625. or by both of those means, or by any other means, and whether in rotation or otherwise, as the Trinity House think fit.

(o) See s. 616, as to alteration of regulations by Trinity House.

(*) See s. 583, as to confirmation of byelaws of pilotage authority, and the annual Pilotage Return.

Ships from* 624.—(1.) Subject to any alteration to be made by the

coming past Trinity House (a), a master of any ship coming from the west

Dunjrcm-ss ward, and bound to any place in the River Thames or Medway

to take tho (unless she has a qualified pilot on board, or is exempted from

p.1!*.!" ot' „ compulsory pilotage), shall on the arrival of the ship off Dunge

*■ >8- ' -J ness, and thenceforth until she has passed the south buoy of the

Brake, or a line to be drawn from Sandown Castle to the said

buoy, or until a qualified pilot has come on board, display and

keep displayed the usual signal for a pilot (b).

(2.) If a qualified pilot is within hail, or is approaching, and within half a mile, and has a pilot flag flying in his boat (c), the master shall, by heaving to in proper time or shortening sail, or by any practicable means consistent with the safety of his ship, facilitate the pilot getting on board, and shall give the charge of piloting his ship to that pilot; or if there are two or more qualified pilots offering at the same time, to such one of them as may, according to the regulations for the time being in force, be entitled or required to take charge of the ship.

(3.) If a master fails to comply with the provisions of this section, or any of them, he shall for each offence be liable to a fine not exceeding double the sum which might have been demanded for the pilotage of his ship, and the fine shall be paid to the Trinity House, and be carried to the account of the Trinity House Pilot. Fund.

• The words " the -westward to " have been omitted in the marginal note.

(n) See s. 616, as to alterations by the Trinity House.

(4) See s. 615: signals fcr pilots.

(<) See s. 612, sub-s. (1) (o): pilot flag defined.

Exemption 625. The following ships, when cot carrying passengers (a),

sorypTtotHgo* s^a11' without prejudice to any general exemption under this [1854 B. 379.] -^ar^ °f ^is Act (ij), be exempted from compulsory pilotage in

the London district, and in the Trinity House outport districts (c);

(that is to say,)

(1.) Ships employed in the coasting trade of the United

Kingdom (d): (2.) Ships of not more than sixty tons burden (e): (3.) Ships trading (/) from any port in Great Britain within the London district or any of the Trinity House outport districts to the port of Brest in France, or any port in Europe (q) north and east of Brest, or to the Channel Islands or Isle of Man (/*):

Pt. X.

(4.) Ships trading (/) from the port of Brest, or any port in 625.

Europe (g) north and east of Brest, or from the Channel

Islands or Isle of Man to any port in Great Britain
within the said London or Trinity House outport
district (A):

(5.) Ships navigating within ((') the limits of the port to
which they helong (k).

(a) This section applies to British and foreign ships. See s. 672. A passenger ship, when not carrying passengers, is within the exemption. The Lion (1869), 38 L. J. Ad. 51 ; L. R. 2 P. C. 525.

As to who are "passengers" see Hid., and The Hanna (1866), 36 L. J. Ad. 1; L. R. 1 A. & E. 281; and The Clymene, 66 L. J. P. 152; [1897] P. 295 (distressed seamen are not passengers); and Hay v. Corporation of Trinity Bouse (1895), 65 L. J. Q. B. 90; 8 A9p. M. L. C. 77 (persons given passage on payment for food only and landed at bunkering port are not passengera); s. 267 and note thereto.

The payment of a fare is necessary to constitute a "passenger" within the provisions as to pilotage. Ibid.

(4) "without prejudice . . . Act."—These words have been added by this section, but represent the interpretation placed on the repealed section in the cases next cited.

See s. 603, Note, as to the exemptions there mentioned, which qualify and are not limited by those contained in this section and s. 622. Thus, a British ship, even when carrying passengers, has been held exempt from compulsory pilotage at Gravesend on a voyage outward to tho Baltic [Stanton v. Banks, supra (s. 603)), and in the Thames coming from Boulogne or a port north of it. The Karl of Auckland, supra (s. 603); The Moselle, ibid.; The Cayo Bonito, infra.

Cf. as to home-trade passenger ships, s. 604.

(c) "in the London district and in," &c.—These words only define the compulsory pilotage from which exemption is made, and do not limit the exemption to vessels starting from or proceeding to the London district or one of tho Trinity House outport districts. The Sutherland (1S87), 56 L. J. P. 91; 12 P.D. 154.

(d) " Coasting Trade."—In The Agricola (1843), 2 W. Rob. 10, Dr. Lushington Baid (at p. 17) that the principle upon which vessels engaged in the coasting trade are exempt from compulsory pilotage is that the masters of such vessels, from their occupation and experience, are supposed to be so familiarly acquainted with the English coasts that it would be superfluous and oppressive upon the owners to impose upon them the necessity of employing a pilot; and a vessel which, after having made a voyage to Port Philip and Calcutta and thence back to London, was proceeding from London to Liverpool, was held not to bo engaged on a " coasting voyage" within the exemption. But see Courtney v. Cole, infa; Darison and McKibbcn (1821), 6 Moore, 387; 3 B. & B. 112. A vessel ordinarily occupied in foreign trade, goinir from Liverpool to London in order to sail thence for foreign parts, and not carrying passengers, but carrying a cargo shipped at Liverpool for London, is not within these words. The Lloyds or Sea Queen (1863), 32 L. J. Ad. 197; B. & L. 359; Phillips v. Boru (1905). 93 L. T. 634; 10 Asp. M. L. C. 131; The Winestead, 64 L. J. Ad. 51; [1895] P. 170 (a ship making regular voyages from London to Cardiff to complete loading, and then to the Mediterranean), distinguishing Courtney v. Cole, infra; and The Glanysttcyth, infra.

(c) See The Brunei, 69 L. J. P. 8; [1900] P. 24, for meaning of " tons burden," ants, s. 3.

(/) As to the meaning of "trading," &c, see Courtney v. Cole (1887), 56 L. J. M. C. 141; 19 Q. B. D. 447; The Rutland, 66 L. J. Ad. 105; [1897] A. C. 333; cf. The Cavo Bonito, 72 L. J. P. 70; [1903] P. 203; of. cases mentioned in note (d).

It would seem that such trading need not be constant and habitual, as in the case of coasting vessels. Courtney v. Cole, supra.

In The Sutherland, supra, it was held that an accident which compelled a ship

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to put into the Thames for repairs did not deprive her of her character of a ship trading to Hamburg.

(y) "Europe" is limited to the continent of Europe. A ship on a voyage from the Mediterranean to Ipswich and then to Leith is liable to compulsory pilotage when in the district of Ipswich, a Trinity House outport, because she is not in the coasting trade, and is not trading to a port in Europe north and east of Brest. The Glanyttiryth, 63 L. J. P. 37; [1899] P. 118.

{A) Paragraphs (3) and (4) incorporate the provisions of an Order in Council of 21st December, 1871, approving a byelaw which extended the exemptions contained in M. S. A. 1854, s. 379 (3), (4). Even before that Order it was held in The Weslty (1S61), Lush. 268, that the provision as to ships trading " to any port in Europe," &c, applied to the homeward as well as the outward voyage. The exemptions contained in sub-ss. (3) and (4) are not abolished by the Merchant Shipping (Exemption from Pilotage) Act, 1897, s. 1; The Columbus (1899), 8 Asp. M. L. C. 488; 15 T. L. R. 221.

(») "&~ari<jatiii(/ trithin" means being withiu; therefore a vessel belonging to the port of London, and coming from a foreign port, was held exempted from compulsory pilotage in the River Thames. The Stettin (18G3), 31 L. J. Ad. 208 ; B. & L. 199.

(<■) A ship is deemed to belong to her port of registry. See s. 13.

Paragraph (6) of the section of 1854 was superseded by the general provision of M. S. A. 1864, s. 41, now re-enacted in s. 605.

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Rates of Pilotage {Trinity House).

626.— (1.) Subject to any alteration to be made by the Trinity House (a) there shall continue to be paid to all Trinity House pilots, in respect of their pilotage services, such dues as are immediately before the commencement of this Act payable to them in respect of those services {b).

(2.) The Trinity House may by byelaw made under this Part of this Act (c) repeal or relax, as to the whole or any part of their district, the provisions of this Tart of this Act restricting the demanding, receiving, offering to pay, or payment of any pilotage rates other than those which may be demanded by law so far as to allow any pilot or class of pilots under their authority to demand or receive, and any master to offer or pay, any rate less than the rate which may be demanded by law.

(a) See 8. 616, as to general power to alter regulations.

(b) I.e., the dues prescribed by the existing byelaws made under the provisions reproduced in sub-s. (2), and 8. 582, sub-s. (6).

(r) See ss. 682, sub-s. (6), 583, as to scope, confirmation, &c. of byelaws.

• 627.—(1.) Subj ect to any alteration to be made by the Trinity House (a), and notwithstanding anything before contained in this Part of this Act, there shall be paid in respect of all foreign ships trading to and from the port of London, and not exempted from pilotage:

(a.) as to ships inwards, the full amount of pilotage dues for the distance piloted ; and

(b.) as to ships outwards, the full amount of dues for the distance required by law.

(2.) Payment of those pilotage dues shall be made to the chief officer of customs in the port of London by the master or other Pt. X.

person having the charge of the ship, or by the consignees or 628—629.

agenta thereof who have paid or made themselves liable to pay'

any other charge for the ship in the port of London.

(.'}.) Pilotage dues under this section may be recovered in the same manner as other pilotage dues are recoverable under this Part of this Act (b).

(«) See 8. 616: power to alter regulations. (b) See s. 601: recovery of pilotage dues.

628.—(1.) Subject to any alteration to be made by the Trinity Receipt and House («), the chief officer of customs shall, on receiving any application of pilotage dues in respect of foreign ships, give to the person pay- payabfebv68 ing the same a receipt in writing; and in the port of London foreign ships, the ship may be detained (b) until the receipt is produced to the [1854, Sb. 382, proper officer of customs at that port. 3830

(2.) Subject to any alteration to be made by the Trinity House (a), the chief officer of customs shall pay over to the Trinity House the pilotage dues received by him in respect of any foreign ship ; and the Trinity House shall apply the same:

(a.) In the first place, in paying to any pilot who may bring sufficient proof of his having had the charge of the ship such dues as would have been payable to him for the pilotage service if the ship had been a British ship, after deducting therefrom the poundage due to the Trinity House: and

(b.) In the second place, in paying to any unlicensed person who may bring sufficient proof of his having, in the absence of a licensed pilot, had the charge of the ship, such amount as the Trinity House may think proper, not exceeding the amount which would under similar circumstances have been payable to a licensed pilot, after deducting poundage : and

(c.) Lastly, in paying over to the Trinity House Pilot Fund
the residue together with all poundage deducted as
aforesaid.

(a) See s. 616: power to alter regulations.
(A) As to enforcement of detention, see s. 692.

629.—(1.) "Whenever any difference arises between the Settlement master and the qualified pilot of any ship trading to or from the ot difference port of London as to her draught of water, the Trinity House "f *^idrau^ht shall, upon application by either party, made in the case of a rl834 j 384 ■, ship inward bound, either within twelve hours after her arrival or at some time before she begins to discharge her cargo, and, in the case of a ship outward bound, before she quits her moorings, appoint some proper officer to measure the ship, and settle the difference accordingly.

Pt. X.

630—632. (2.) There shall he paid to the officer who measures the ship, by the party against whom he decides, one guinea if the 6hip he helow, and half a guinea if the ship he above, the entrance of the London Docks at Wapping.

Pilot Fund {Trinity House).

Payments to 630.—(1.) Subject to any alteration to be made hy the ^lot'fund th° Trinitv House [a), there shall continue to he paid to the Trinity [1854 B 385 ] House, and carried over to the Trinity House Pilot Fund:

(a.) A poundage of sixpence in the pound upon the pilotage

earnings of all pilots licensed by the Trinity House; (b.) A sum of three pounds three shillings to be paid on the first day of January in every year by every person licensed by the Trinity House to act as pilot in any district not under the superintendence of sub-commissioners, or in any part of that district.

(2.) If a qualified pilot gives a false account of his earnings, or makes default in paying any sum due from him under this section he shall for each offence be liable to a fine equal to double the amount payable, and shall further be liable, at the discretion of the Trinity House, to suspension or dismissal.

(a) See s. 616 : power to alter regulations.

Application 631. Subject to any prior charges subsisting thereon by virtue of fund. 0{ anv ^cf. 0f parliament or otherwise, the Trinity House Pilot [1854, e. 38(..] -pund shall be chargeable in the first place with the payment of such expenses as the Trinity House may duly incur in the performance of their duties in respect of pilots and pilotage; and after payment thereof shall (subject to any alteration to be made by the Trinity House) (a) be administered by them for the benefit of those pilots licensed by them after the first day of October one thousand eight hundred and fifty-three, who are incapacitated for the performance of their duty by reason of age, infirmity, or accident, and of the widows and children of pilots so licensed, or of those incapacitated pilots only.

(n) See 8. 616: power to alter regulations.

632.—(1.) The corporations of the Trinity Houses in the ports of Kingston-upon-Hull and Newcastle shall appoint (a) sub-commissioners (not being more than 6even nor fewer than three) for the examination of pilots in all districts in which they have, before the commencement of this Act, been used to [1854, B. 387.] nmke such appointments, and may, with the consent of Her Majesty in Council, but not otherwise, appoint like sub-commissioners for any other district situate within their jurisdiction.

Appointment of sub-commissioners by Trinity Houses of Hull and Newcastle.

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