NATURE OF
OFFICE

PILOTS are persons who, in consequence of their special knowledge of particular waters, are taken on board to superintend the steering of the vessel where the navigation is difficult and dangerous (a). During the period of their charge, the whole responsibility of the safe conduct of the vessel devolves upon them. Hence, all maritime countries have endeavoured to promote their efficiency, by affording to them means of instruction, and by punishing them for misconduct or incapacity (b).

(a) Sect. 2 of the M. S. Act, 1854, provides that the word "pilot," in that act, shall mean "any person not belonging to a ship who has the conduct thereof;" and " qualified pilot" "any person duly licensed by any pilotage authority to conduct ships to which he does not belong."

(b) By the laws of Oleron, art. 25, if a pilot undertook to answer for the piloting on his head, and afterwards lost, or even perilled the ship, the seamen or merchant might strike off his head without being liable to any punishment; but, added the law, "before he is killed it is expedient to ascertain

For these purposes, and for securing corresponding advantages to shipowners, most systems of maritime law have made the employment of pilots compulsory. We shall see shortly how this has been effected in this country; but it may here be observed, that apart from any positive rule upon the subject, the master when engaged in a foreign trade is bound, for the protection of the owner and of all interested in his ship, to put her under the charge of the pilot within the limits of whose employment he may be (c). One effect of his neglecting to do so, is to discharge the insurers from their liability (d). If, however, on arriving off a port he uses due diligence to obtain a pilot, it is otherwise, since in that case he does all that can be required of him by law (e).

As long as the vessel is under the care of the pilot, he is con- EXTENT OF sidered as her commander so far as the navigation is concerned. CONTROL. With regard to the control which the master may exercise over the conduct of the vessel while a licensed pilot is on board, it has been said that it would be a most dangerous doctrine to hold that, except under extraordinary circumstances, a master could be justified in interfering with the pilot in his proper vocation (ƒ); in cases, however, of obvious danger, where it is evident that the pilot is acting rashly, it is not only the master's right, but his duty, to resume his authority (g). He is bound also to look after the pilot in all cases in which the latter is intoxicated or palpably incompetent (h).

The observations hitherto made relate to pilots in general; in several of the ports of England, however, societies or corporations have long been established, either under charters from the Crown, or under local acts of Parliament, for the appointment and control of pilots in particular localities (¿).

that he has not wherewithal to pay." See also The Consolato, c. 205, the provisions of which are even more stringent. By the laws of Denmark, an ignorant pilot was to pass thrice under the ship's keel. See Molloy, B. 2, c. 9,

s. 2.

(c) Law v. Hollingsworth, 7 T. R. 160; The William, 6 Rob. 316, and The Consolato, c. 205. This rule has been acted upon in America in a case where the loss occurred at a point where the pilot's service was necessary,. McMillan v. Union Insurance Company, 1 Rice, (American), Rep. 248.

(d) Law v. Hollingsworth, ubi sup.

(f) The judgments of Dr. Lushington in The Maria, 1 W. Rob. 180, and The Lochlibo, 3 W. Rob. 321; Pollok v. McAlpin, 7 Moore, P. C. C. 427; The Argo, 1 Swab, A. R. 462. The trim of a ship is within the master's province, ib.

(g) The judgment of Sir J. Nicholl, in The Girolamo, 3 Hagg. 176, and The Lochlibo, ubi sup.

(h) The judgment of Dr. Lushington in The Duke of Manchester, 10 Jur. 863.

(i) The Liverpool Pilot Act is the 5 Geo. 4, c. lxxiii.

TRINITY
HOUSE AND
CINQUE PORT
PILOTS.

PILOTAGE

It is unnecessary to mention here all the provisions by which these various societies are governed, or the limits of their authority; there is, however, one body of more than ordinary importance, which is regulated by public statutes, and which requires a special notice, owing to the number of the pilots under its control, and the large extent of its jurisdiction. This is the corporation of the Trinity House of Deptford Strond, of which special notice will be taken hereafter (k). The Cinque Port Pilots were formerly under the control of the Society or Fellowship of the Cinque Port Pilots; but these pilots were placed under the jurisdiction of the Trinity House by the 16 & 17 Vict. c. 129, (now repealed by the Merchant Shipping Repeal Act, 1854,) and are still under that jurisdiction by virtue of the provisions of the Merchant Shipping Act, 1854.

The jurisdiction of all pilotage authorities (1) within the AUTHORITIES. United Kingdom now depends, for most purposes, upon the Merchant Shipping Act, 1854. The provisions of this act relating to this subject are contained in Part V., sections 330 to 338. These sections regulate the powers of pilotage authorities in general; the returns to be made by them to the Board of Trade; the licensing of pilots, masters and mates; and the rights, privileges, liabilities and remuneration of pilots. They also define the powers of the Trinity House, and contain the regulations now in force with reference to compulsory pilotage, pilot boats, rates of pilotage, and the Trinity House Pilot Fund. These powers are extended by section 39 of the Merchant Shipping Act Amendment Act, 1862.

POWERS OF
GENERAL
PILOTAGE

With respect to the powers and jurisdiction of pilotage authorities in general, the Merchant Shipping Act, 1854, provided AUTHORITIES. that they should retain all powers and jurisdiction which they then possessed, so far as they were consistent with that act (m).

(k) Post, p. 215. As to the appointment of Sub-Commissioners of Pilotage by the Trinity Houses of Hull and Newcastle, see M. S. Act, 1854, s. 387.

(1) By the M. S. Act, 1854, s. 2, the words "pilotage authority" include all bodies and persons authorized to appoint or license pilots, or to fix or alter rates of pilotage, or to exercise any jurisdiction in respect of pilotage.

This

(m) M. S. Act, 1854, s. 331. provision, which appears to amount to a substantial incorporation in the M. S. Act, 1854, of so much of the earlier acts conferring pilotage jurisdiction as is not inconsistent with that statute, renders it frequently necessary to refer to the earlier, and now repealed, statutes on this subject. The main provisions of these acts will be found in the Appendix, pp. i. and xxi.

Pilotage authorities may also, under this statute, by bye-laws made with the consent of the Queen in Council, exempt the masters of any ships or classes of ships from being compelled to employ qualified pilots. They may annex terms or conditions to such exemption, and revise or extend existing exemptions as may seem desirable (n).

Pilotage authorities may also, subject to the provisions of the Bye-laws. Merchant Shipping Act, 1854, by bye-law, made with the consent of the Queen in Council, do all or any of the following things within their districts (o):

(1.) Determine the qualifications to be required from persons

applying to be licensed as pilots, whether in respect of their age, skill, time of service, character or otherwise: (2.) Make regulations as to the approval and licensing of pilot boats and ships, with power to establish and regulate companies for the support of these boats and ships, and for a participation in the profits made by them; the companies so established were exempted from the provisions of the 7 & 8 Vict. c. 110, an act for the registration, incorporation and regulation of joint stock companies, now repealed (p):

(3.) Make regulations for the government of the pilots licensed by them, and for insuring their good conduct, and their constant attendance to and effectual performance of their duty, either at sea or on shore:

(4.) Fix the terms and conditions of granting licences to

pilots and apprentices, and of granting pilotage cer-
tificates to masters and mates, and make regulations
for punishing any breach of the regulations mentioned
in the act committed by pilots or apprentices, or by
masters and mates, by the withdrawal or suspension of
their licences or certificates, or by the infliction of
penalties, recoverable summarily before two justices;

(n) M. S. Act, 1854, s. 332.

(0) Ib. s. 333. These bye-laws must, before they are submitted to the Queen in Council, be published in the manner prescribed by the Board, and the Orders in Council must be laid before Parliament as soon as possible after they are made. See ss. 334, 335. By s.

336, a power is given to qualified pilots,
local marine boards, and, where there is
no such board, to masters, owners, and
insurers, not less than six in number,
to appeal to the Board of Trade against
any bye-law, and thereupon the Board
may revoke or alter it.

(p) See the 19 & 20 Vict. c. 47.

so that no penalty be made to exceed the sum of 201., and that every penalty be capable of reduction at the discretion of the justices by whom it is inflicted : (5.) Fix the rates and prices or other remuneration to be demanded and received for the time being by pilots licensed by the pilotage authority, or alter the mode of remunerating them, in such manner as it may, with the consent already mentioned, think fit, so that no higher rates or prices be demanded or received from the masters or owners of ships in the case of the Trinity House than the rates and prices specified in the table marked (U.) in the schedule to the act, and in the case of all other pilotage authorities, than the rates and prices which might have been lawfully fixed or demanded by them under any act of parliament, charter, or custom in force immediately before the commencement of the act : (6.) Make such arrangements with any other pilotage authority for altering the limits of their respective districts, and for extending the powers of the other authority, or the privileges of the pilots licensed by it, to all or any part of its own district, or for limiting its own powers or the privileges of its own pilots, or for sharing them with the other authority and the pilots licensed by it, or for delegating or surrendering them to any pilotage authority already constituted or to be constituted, and to the pilots licensed by it, as may appear desirable for the purpose of facilitating navigation or of reducing charges on shipping:

per

(7.) Establish, either alone or in conjunction with any other pilotage authority, funds for the relief of superannuated or infirm qualified pilots, or of their wives, widows or children, or make any new regulations with respect to any funds already applicable to these purposes, with power to determine the amount, manner, time and sons (such persons to be in the service of such pilotage authority) to and in which and by and upon whom the contributions in support of such existing or future funds are to be made or levied; and to declare the persons (such persons being confined to men in the service of the pilotage authority, their wives, widows or children)