of any classes of ships, from being obliged to employ pilots (q) in any pilotage district or in any part of any pilotage district, or from being obliged to pay for pilots (q) when not employing them in any district or in any part of any pilotage district, and annex any terms and conditions. to those exemptions (r). Trade to respect to rates, &c. 579.-(1.) Where the pilotage is not compulsory (s), and Power of there is no restriction on the power of duly qualified Board of persons to obtain licences as pilots (q), the Board may by give faciliprovisional order (t) give any pilotage authority (u) power to ties with license pilots (q), and to fix pilotage rates for their district licences, or any part of their district for which no such licences or 1862, s. 39. rates for the time being exist, and to raise all or any of the pilotage rates in force in their district or any part of their district; and, where there is also no restriction on the number of pilots (q), to give additional facilities for the recovery of pilotage rates, and for preventing the employment of unqualified (x) pilots (q). (2.) The Board of Trade may by provisional order (t) give facilities for enabling duly qualified persons, after examination as to their qualifications, to obtain licences as pilots (q). firming 580.-(1.) The Board of Trade may make a provisional Making order (t) under this Part of this Act on the application in and conwriting of some person interested in the pilotage of the district or in the operation of the laws or regulations relating to that pilotage. (2.) Notice of the application having been made shall be published once at least in each of two successive weeks in the month (y) immediately succeeding the date of the application in the Shipping Gazette, and in some newspaper or newspapers circulating in the county, or, if there are more than one county, in the counties adjacent to the pilotage district to which the application relates. (9) Defined, § 742. (r) The only provisional orders made under this section exempting from compulsory pilotage are 54 & 55 Vict. c. clx. (Bristol Channel), and 55 & 56 Vict. c. xxxi. (Swansea). (8) As to compulsory pilotage, see §§ 603, 622. (t) § 580 provides for making and (a) Cf. § 586. (y) Int. Act, 1889, § 3. pro visional orders. 1862, s. 40. (3.) The notice shall state the objects which it is proposed to effect by the provisional order (z). (4.) The Board of Trade on receiving the application shall refer the same to the pilotage authority (a) or authorities of the district, and shall receive and consider any objections which may be made to the proposed provisional order, and shall for that purpose allow at least six weeks to elapse between the date on which the application is referred to the pilotage authority (a) and that on which the provisional order is made. (5.) The Board of Trade shall, after considering all objections, determine whether to proceed with the provisional order or not; and shall, if they determine to proceed with the order, settle the order in such manner and with such terms and conditions, not being inconsistent with the provisions of this Act, as they may think fit; and shall, when they have settled the order, forward copies thereof to the persons making the application and to the pilotage authority (a) of any district to which it refers. (6.) A provisional order under this Part of this Act shall not take effect unless and until it is confirmed by Parliament; and for the purpose of that confirmation the Board of Trade shall introduce into Parliament a public general Bill in which, or in the schedule to which, the provisional order or provisional orders to be thereby confirmed shall be set out at length. (7.) If any petition is presented to either House of Parliament against any such provisional order in the progress through Parliament of the Bill confirming the same, so much of the Bill as relates to the order petitioned against may be referred to a select committee, and the petitioner shall in that case be allowed to appear and oppose as in the case of private Bills. (z) §§ 576-579. (a) Defined, § 573. Byelaws by Pilotage Authorities (b). Byelaws by Pilotage ties. con- authorities pilotage such as to exemptions any from com 581. Every pilotage authority (b) may, by byelaw (c) made Authoriunder this Part of this Act, exempt the masters (d) of any ships (d) or of any classes of ships from being compelled to Power of employ qualified pilots (e), and annex any terms and ditions to those exemptions, and revise or extend any exemptions or any exemptions existing by virtue of Act of Parliament, law, charter, or usage, upon such terms pulsory and conditions and in such manner as may appear to the authority. desirable pilotage. 1854, 8. 332. 582. Subject to the provisions of this Part of this Act, a Power of pilotage authority may by byelaw (c) made under this Part pilotage of this Act :: authorities to make 1854, s. (1.) determine the qualification in respect of age, time byelaws. of service, skill, character, and otherwise, to required from persons applying to be licensed pilots (d): be 333. (2.) make regulations respecting the approval and licensing of pilot boats in their district (f): (3.) provide for the establishment and regulation of companies for the support of those pilot boats (f) and for a participation of profits therein : (4.) fix the terms and conditions of granting licences to pilots (d) and apprentices and pilotage certificates for masters and mates (g): (5.) make regulations for the government of the pilots (d) and apprentices licensed by them, and of masters (d) and mates holding pilotage certificates granted by them (g), and for ensuring their good conduct and constant attendance to, and effectual performance of, their duty whether at sea or on shore, and provide for the punishment of any breach of those regulations by the withdrawal or suspension (h) of the licence or (b) Defined, § 573. (c) As to powers to rescind or vary byelaws, see Int. Act, 1883, § 32, s. 3. All such byelaws must, after publication as prescribed, be confirmed by the Queen in Council; § 583. S.M.S.A. (d) Defined, § 742. (g) §§ 599-602. () Appeal from decision of pilotage Vict. c. 73, s. 11. 8. 7. certificate of the person guilty of that breach, or by the infliction of fines (i) not exceeding twenty pounds, to be recoverable as fines are recoverable under this Act (k): (6.) fix the rates and prices or other remuneration to be demanded and received for the time being by the pilots (1) licensed by them, and alter the mode of remuneration of those pilots in such manner as they think fit, so, however, that no higher rates or prices are demanded or received in the case of the Trinity House (1) than those set out in the table contained in the Twenty-first Schedule to this Act, and in the case of any other pilotage authority (m) than those which might have been lawfully fixed or demanded by that authority under any Act, charter, or custom in force immediately before the first day of May in the year one thousand eight hundred and fifty-five (n): (7.) make such arrangements with any other pilotage authority (m) for altering the limits of their respective districts, and for extending the powers of that other authority or the privileges of the pilots (1) licensed by that other authority or any of them to all or any part of its own district, or for limiting its own powers or the privileges of its own pilots (1) or any of them, or for sharing the said last-mentioned powers and privileges with that other authority and the pilots licensed by it, or for delegating or surrendering those powers and privileges or any of them to any other pilotage authority (m) already constituted or to be constituted by agreement between those authorities, and to the pilots (1) licensed by it, as may appear to those pilotage authorities (m) to be desirable for the purpose of facilitating navigation or of reducing charges on shipping: (8.) establish, either alone or in conjunction with any other pilotage authority (m) or authorities, funds for (i) Appeal from decision of pilotage authority; see § 609. (k) Procedure, §§ 680-684; fines, how applicable, §§ 699, 716. (1) Defined, § 742. (m) Defined, § 573. (n) The day when the Act of 1854 came into operation. the relief of superannuated or infirm qualified pilots (0), or of their wives, widows, or children; and make any new regulations with respect to any funds for the time being applicable to those purposes or any of them, with power to determine the amount, manner, time, and persons (those persons to be in the service of the pilotage authority (p) ) to and in which and by and upon whom the contributions in support of those existing or future funds may be made or levied, and declare what persons or class of persons (the person or class of persons being limited to the men in the service of the pilotage authority (p), their wives, widows, or children) are entitled to participate in the benefits of any existing or future funds, and the terms and conditions upon which, if entitled, they are to be so entitled (q): (9.) require masters (r) and mates who hold pilotage certificates granted by them or by the Board of Trade under this Part of this Act (s) to contribute towards the pilotage fund of the district, and to make a periodical return to them of the pilotage services rendered by them; provided that the contribution so required from a master (r) or mate shall not exceed such proportion of the pilotage dues which would have been payable in respect of his ship if he had not held a pilotage certificate, as may be fixed by the Board of Trade: (10.) provide for the granting by them of special licences. qualifying the persons to whom those licences are granted to act as pilots (r) for any part of the sea or channels beyond the limits of their pilotage district, so, however, that no pilot so licensed be entitled to supersede an unlicensed pilot (t) outside the district of the authority (p) by which he is licensed. 583. (1.) A byelaw under this Part of this Act (u) shall Confirmanot take effect until it is submitted to Her Majesty in tion of Council and confirmed by Order in Council (x). (0) § 586. (p) Defined, § 573. (9) Appeal from decision of pilot age authority as to funds; see § 609. (r) Defined, § 742. (8) §§ 599-602. (u) §§ 581, 582. byelaws. 1854, ss. 332, 334. 35 & 36 Vict. c. 73, s. 11. |