Limitation of owner extended, except with the consent of Her Majesty in Council (m). (3.) Sub-commissioners appointed or to be appointed under this section shall not be deemed to be pilotage authorities within the meaning of this Act (n), nor shall anything in this Act be held to confer upon the commissioners for regulating the pilotage of the port of Kingston-upon-Hull and of the river Humber any jurisdiction of a different nature or character from that which they have exercised before the commencement of this Act. Saving for Liability of Owners (o) and Masters. 633 (p). An owner (0) or master (q) of a ship shall not of liability be answerable to any person whatever for any loss or or masters damage occasioned by the fault or incapacity of any where qualified pilot (r) acting in charge of that ship within any compul- district where the employment of a qualified pilot is com pilotage is (m) § 738. (0) Note to § 58. (p) This section only protects the owners when, within a pilotage district, their ship is in charge of a p lot, whom they were bound to take on board within that district. Thus in General Steam Nav. Co. v. British and Colonial Co. (1868), L. R. 4 Ex. 238, as the employment of the pilot was compulsory at Dungeness, where he was taken on board, the owners were held protected, even if, at the place where the collision happened, they could not have been required to employ him. But if the pilot was taken on board where his employment was not compulsory, and it was not compulsory where the collision happened, the owner would not be protected. Cf. The Charlton (1895), 72 L.T. 198, now under appeal. Cf. The Stettin (1863), Br. & Lush. 199, as explained by the P. C. in The Lion (1869), L. R. 2 P. C. 525. The policy of the Legislature is explained by Dr. Lushington, in The Maria (1839), 1 W. Rob. 95. This section applies to all cases where the employment of a pilot is compulsory, and to all ships, even though the law of the place of collision would not give such protection. The Halley (1868), L. R. 2 P. C. 193. Otherwise, if the pilot was not on board by compulsion of law to control the ship, but as adviser, as in the Suez Canal. The Guy Mannering (1882), 7 P. D. 132. (q) Defined, § 742. PART XI. 1854 17 & 18 Vict. c. 104. 1862 25 & 26 Vict c. 63. = Int. Act, 1889 Interpretation Act, 1889 (52 & 53 Vict. c. 63). Section. ARRANGEMENT OF SECTIONS. LIGHTHOUSES. General Management. 634. Management of lighthouses, buoys, and beacons (p. 485). 635. Returns and information to Board of Trade (p. 486). 636. Power of Board of Trade to inspect on complaint made (p. 486). 637. Inspection by Trinity House (p. 486). Construction of Lighthouses, &c. 638. General powers of lighthouse authorities (p. 486). 639. Powers as to land (p. 487). 640. Restrictions on exercise of lighthouse powers by Commissioners (p. 487). 641. Power of Trinity House to direct lighthouse works to be done (p. 488). 642. Additions to lighthouses (p. 489). Light Dues. 643. Continuance of light dues (p. 489). 644. Dues for new lighthouses (p. 489). 645. Revision of light dues by Order in Council (p. 490). 646. Regulation of light dues by lighthouse authorities (p. 490). 647. Publication of light dues and regulations (p. 491). Section. 648. Application and collection of light dues (p. 491). 649. Recovery of light dues (p. 491). 650. Distress on ship for light dues (p. 492). 651. Receipt for light dues (p. 492). Local Lighthouses. 652. Inspection of local lighthouses (p. 493). 653. Control of local lighthouse authorities by general lighthouse authorities (p. 493). 654. Surrender of local lighthouses (p. 494). Expenses of General Lighthouse Authorities. 658. Payment of lighthouse expenses out of Mercantile Marine Fund (p. 496). 659. Establishments of general lighthouse authorities (p. 497). 660. Estimates or accounts of expenses sent to Board of Trade (p. 497). 661. Advances by Treasury for lighthouse expenses (p. 498). 662. Mortgage of Mercantile Marine Fund for lighthouse expenditure (p. 498). 663. Advances by Public Works Loan Commissioners (p. 499). 664. Accounts of general lighthouse authorities (p. 499). 665. Power to grant pensions (p. 500). Offences in connexion with Lighthouses, &c. 666. Injury to lighthouses, &c. (p. 500). 667. Prevention of false lights (p. 500). Commissioners of Northern Lighthouses. 668. Incorporation of Commissioners of Northern Lights (p. 501). Provision as to Channel Islands. 669. Restriction on exercise of powers in Channel Islands (p. 502). Lighthouses, &c., in Colonies. 670. Dues for colonial lighthouses, &c. (p. 502). 671. Collection and recovery of colonial light duties (p. 503). 672. Payment of colonial light dues to Paymaster-General (p. 503). 673. Application for colonial light dues (p. 503). 674. Advances for construction and repair of colonial lighthouses, &c. (p. 504). 675. Accounts of colonial light dues (p. 504). 1854 = 17 & 18 Vict. c. 104. 1862 = 25 & 26 Vict. c. 63. Int. Act, 1889 Interpretation Act, 1889 (52 & 53 Vict. c. 63). PART XI. LIGHTHOUSES (a). General Management. Management of Lighthouses. 634. (1.) Subject to the provisions of this Part of this Act, and subject also to any powers or rights now lawfully enjoyed or exercised by any person or body of persons Managehaving by law or usage authority over local lighthouses (a), ment of lightbuoys (a), or beacons (a), (in this Act referred to as "local houses, lighthouse authorities,") the superintendence and manage- buoys, and ment of all lighthouses (a), buoys (a), and beacons (a) shall within the following areas be vested in the following bodies; namely, (a.) throughout England and Wales, and the Channel Islands (b), and the adjacent seas and islands, and at Gibraltar, in the Trinity House (a); (b.) throughout Scotland and the adjacent seas and islands, and the Isle of Man, in the Commissioners of Northern Lighthouses (c); and (c.) throughout Ireland and the adjacent seas and islands, in the Commissioners of Irish Lights (a), and those bodies are in this Act referred to as the general beacons. 1854, s. Returns and infor mation to Board of Trade. 1854, s. 393. Power of Board of lighthouse authorities and those areas as lighthouse areas. (2.) Subject to the provisions of this Part of this Act, the general lighthouse authorities (d) shall respectively continue to hold and maintain all property now vested in them in that behalf in the same manner and for the same purposes as they have hitherto held and maintained the same. 635. The general lighthouse authorities (d), and their respective officers, shall at all times give to the Board of Trade all such returns, explanations, or information, in relation to the lighthouses, buoys, or beacons within their respective areas, and the management thereof, as the Board require. 636.-(1.) The Board of Trade may, on complaint that Trade to any lighthouse (e), buoy (e), or beacon (e) under the inspect on management of any of the general lighthouse authorities (d), or any work connected therewith, is inefficient or improperly managed or is unnecessary, authorize any persons appointed by them to inspect the same. made. 1854, 8. 393. Inspection House. (2.) A person so authorized may inspect the same accordingly, and make any inquiries in respect thereof, and of the management thereof, which he thinks fit; and all officers and others having the care of any such lighthouses (e), buoys (e), or beacons (e), or concerned in the management thereof, shall furnish any information and explanations in relation thereto which the person inspecting requires. 637. The Trinity House (e), and any of their engineers, by Trinity workmen, and servants, may at all times enter any lighthouse (e) within any of the lighthouse areas (d) for the purpose of viewing their condition or otherwise for the purposes of this Act. 1854, s. 392. General powers of Construction of Lighthouses (e), &c. 638. A general lighthouse authority (d) shall, within their (d) Defined, § 634, s. 1. (e) Defined, § 742. |