*forwarded to the registrar-general to be by him recorded and preserved. He is to allow any person to inspect them on payment of a moderate fee, produce them when required for purposes of evidence, and grant certified copies of them, which are to have the same effect in evidence as the originals (t). The collector and comptroller of Customs at every port in the United Kingdom is required to send half-yearly to the registrar-general of seamen a list of ships registered there, and of ships whose registers have been cancelled, or transferred there, since the preceding return(u). The master of every ship, wherever registered, except ships whose business for the time being is to carry passengers, is required, within forty-eight hours after her arrival at any foreign port, or port of a British possession at which she remains so long, to deliver to a British consular officer, or officer of Customs, the agreement with the crew, and all indentures and assignments of apprenticeship (x). Those officers are to keep such documents during the ship's stay, endorse on the agreement the neglect of any required forms or transgression of existing laws, and having returned the documents to the master within a reasonable time before his departure, with a certificate endorsed on the agreement of the time when they were delivered and returned, to transmit a copy of such endorsement of neglect or transgression, with the fullest information he can collect respecting it, to the registrar-general of seamen (y). Any master failing so to deliver such document, shall incur for every such default a penalty of 201., and in any prosecution for such penalty it shall lie upon the master either to produce the certificate of the consular officer or officer of Customs hereinbefore required, or to prove that he duly obtained * the same, or that it was impracticable for him so to do (2).

(t) Sec. 277.

(u) Sec. 278.

(x) Sec. 279.

(y) Ibid.

(z) Ibid.

CHAPTER VII.

OF PILOTS.

(Ss.) 1. Of Pilots generally.

2. Of the General Regulations of the 17 & 18 Vict. c. 104, respecting Pilotage Authorities and Pilotage.

3. Of the Trinity House and its Jurisdiction.

4. Of Compulsory Pilotage.

5. What Vessels need not take a Pilot.

6. Miscellaneous.

7. Exemption of Owners and Masters from Liability in case of Loss or Damage. 8. Jurisdiction of Admiralty.

9. Pilotage of Foreign Ships.

1. THE name of pilot, or steersman, is applied either to a particular officer, serving on board a ship during the course of a voyage, and having the charge of the helm and of the ship's route; or to a person taken on board at a particular place for the purpose of conducting a ship through a river, road, or channel, or from or into a port. The French ordinance contains several regulations calculated to obtain the necessary skill and experience in persons of the first description (a). In this country there is no particular provision relating to them, and many ships are navigated without an officer of this description, the master taking upon himself the charge of the helm, and the conduct of the vessel.

Pilots of the second description are established at several places in this country by ancient charters of incorporation (b); and, in general, the master of a ship engaged in foreign trade must put his ship under the charge of such a pilot, both in his outward and homeward voyage, within the limits of every such establishment (c). A detailed account of these establishments, and of the ports to which they relate, would be improper in a general treatise; and masters of vessels may easily acquaint themselves with the regulations on this subject, relating to the particular navigation in which they are employed.

(a) Liv. 2, tit. 4: Du Pilote.

(b) Pilotage from Dover, Deal, and the Isle of Thanet, up the rivers Thames and Medway, was regulated by statutes 3 Geo. 1, c. 13, 7 Geo. 1, c. 21, and 43 Geo. 3, c. 152, revived and continued by 47 Geo. 3, stat. 2, c. 71, and 48 Geo. 3, c. 104, P. L. & P. Pilotage down the Thames, and through the North Channel, to or by Orfordness, and round the Long-sandhead into the Downs, and down the South Channel into the Downs,

and from or by Orfordness up the North Channel, and the Thames and Medway, by 5 Geo. 2, c. 20. Pilotage into and out of the port of Liverpool is regulated by 37 Geo. 3, c. 78, and 5 Geo. 4, c. 73; and the port of Hull, by 39 & 40 Geo. 73, c. 10, P. L. & P.

(c) Law v. Hollingsworth, 7 Term Rep. K. B. 160; 52 Geo. 3, c. 39, s. 59. Phillips v. Headlam, 2 B. & Ad. 380. The William, 6 Rob. 316.

*2. By the 17 & 18 Vict. c. 104, it is provided, that every pilotage authority within the United Kingdom (d) shall retain the powers and jurisdiction which it now lawfully possesses, so far as the same are consistent with the provisions of that Act (e). It shall have power also, by bye-laws made with the consent of her Majesty in Council, to exempt the masters of ships from being compelled to employ qualified pilots, on such terms and conditions as may appear desirable to it (f) to determine from time to time within its districts the qualifications to be required of persons applying to be licensed as pilots-to make regulations as to the licensing of pilot boats and ships, and companies for their support-to make regulations for the good government and conduct of pilots licensed by it, the effective performance by them of their duty, and the terms and conditions on which licenses to pilots and apprentices, and pilotage certificates to masters and mates, may be granted, withdrawn, or suspended-to fix, alter and reduce the rates of pilotage-to make arrangements with any other pilotage authority for altering, extending, or restricting their respective limits, for the purpose of facilitating navigation, or reducing the rates on shipping-to establish, either alone or in conjunction with other pilotage authorities, funds for the relief of superannuated or infirm qualified pilots, or of their wives, widows, and children—and to repeal or alter any bye-laws made in exercise of the above powers, and make a new one in lieu thereof, notwithstanding any Act of Parliament, * rule, law, or custom to the contrary (g).

Every such new bye-law must, before it is submitted to her Majesty in Council for her assent, be published in such manner as the Board of Trade shall prescribe; every order in council relating to it shall be laid, as soon as possible after the making thereof, before both Houses of Parliament; and if the majority of qualified pilots at any port, or the Local Marine Board, or if there be no Local Marine Board, not less than six masters, owners, or insurers of ships, consider themselves aggrieved by any bye-law or regulation made under some authority other than the provisions of the Act, the Board of Trade is authorized, on their appeal to it, to revoke or alter such bye-law or regulation, in such manner as may appear to it just and expedient (h).

Every pilotage authority is required, under pain of having its jurisdiction transferred to the Trinity House, to deliver periodically to the Board of Trade returns of all bye-laws, regulations, and orders relating to pilots, in force within its jurisdiction; of the names and ages of all pilots and apprentices licensed by it, or acting without license; of the service for which each pilot or apprentice is licensed; the rates of pilotage for the time being in force, and the total amount received for pilotage; and the receipt and expenditure of all monies received by or on behalf of such authority, or any sub-commissioners appointed by them; and these returns are to be laid without delay before both Houses of Parliament (i).

The master or mate of any ship may apply to any pilotage authority to be examined as to his capacity to pilot such ship, or other ships

(d) Sec. 330.

Sec. 331.

Sec. 332.
Sec. 333.

(h) Secs. 334-336.
(i) Secs. 337-340.

belonging to the same owner, within its district; and if upon examination he be found competent, such authority shall grant him a certificate, which shall enable him to pilot such ship or ships within the limits therein described, without incurring any penalties for not employing a qualified pilot; and if, upon complaint to the Board of Trade, it appears that such authority has refused to examine the applicant, or improperly withheld or withdrawn a certificate, the Board may direct an examination of the person aggrieved, and if found competent, grant him a certificate (k).

The certificate of any master or mate may be withdrawn by the Board of Trade, or any pilotage authority, if he is guilty of misconduct, or shows himself incompetent to pilot the ship (1).

For the provisions respecting the characteristics of pilot boats and of their flags (m), pilot licenses (n), and their production to the person employing a pilot, or to whom his services are tendered, on request, and the general rights, privileges, and remuneration of pilots, of owners, masters, and such consignees or agents, who have paid or made themselves liable to pay any other charge in respect of the ship, the reader is referred to the Act of Parliament (o).

A qualified pilot may supersede an unqualified pilot, and a penalty of 50%. is incurred by the latter, if he continues in charge of a ship after a qualified pilot has offered to take charge of her, or uses a license to which he is not entitled (p). But an unqualified pilot may, without subjecting himself to any penalty, take charge of a ship, when no qualified pilot has offered to take charge of her, or where a ship is in distress or difficulty, or for the purpose of changing her moorings in port, or taking her in or out of dock, where such act may be done without infringing the regulations of the port, or the lawful orders of the harbour-master (q). A qualified pilot on board any boat or ship leading another ship which cannot be boarded, is entitled to full pilotage for the distance run (r).

A refusal, on the request of any qualified pilot, to declare the draught of water of any ship, or being privy to a false declaration thereof, subjects the master to a penalty of double the amount of pilotage which would have been payable. And if any master, or other person interested in a ship, makes, or is privy to any other person making, any fraudulent alteration in the marks on the stem or stern-post of such ship denoting her draught of water, the offender is liable to a penalty of 500l. (8).

If any pilot, when in charge of a ship, by wilful breach or neglect of duty, or drunkenness, does any act tending to the immediate loss,

(k) Secs. 310-342.

(1) Sec. 344.
(m) Secs. 345–348.
(n) Sec. 349.

(0) Sec. 356-368.

(p) Sec. 360, 361. But the master is at liberty to employ steam or other bond fide moving power; and although the selec tion of the ship's course may necessarily devolve upon the person applying such power, he has been held not liable, though

unqualified, to the penalty enacted by sec. 70 of 8 Geo. 4, c. 125, and not a person "having the charge or conduct of the ship" within the meaning of that section. Beilby v. Scott, 7 Mees. & W. 93.

(q) Sec. 362. Rex v. Lamb, 5 Term Rep. 76. Rex v. Neale, 8 Term Rep. 241. And as to what is a change of mooring, McIntosh v. Slade, 7 B. & C. 657.

Sec. 356.

Sec. 359.

destruction, or serious damage of such ship, or to endanger the life or limb of any person on board, or omits to do any lawful act, proper and requisite to be done for the prevention of such misfortunes, he is guilty of a misdemeanor, and liable to suspension or dismissal (†).

3. The most important of these pilotage authorities is the corporation of the Trinity House, Deptford Strond.

With respect to the pilotage up the rivers Thames and Medway, it was enacted that it should be lawful for the Lord Warden of the Cinque Ports and Constable of Dover Castle, or his lieutenant, to appoint and license fit and competent persons, duly skilled as pilots, for the purpose of conducting all ships and vessels passing from or by Dungeness, up the rivers Thames and Medway, to London Bridge and Rochester Bridge, and their channels, creeks, and docks; and from the south buoy of the Brake, to the westward, as far as the west end of the Owers; and that within those limits such vessels should be conducted and piloted by such pilots, and by no others (u).

But the 16 & 17 Vict. c. 129, (still, as respects some of its sections, in force) (x), after reciting that it is expedient that the right of piloting ships outwards from the port of London and inwards to the same port should be subject to uniform authority and control, provided that the Trinity House (the jurisdiction of which, as respects the licensing of pilots, had before been confined to the Thames and Medway, and their channels, creeks, and docks, between Orfordness and London Bridge, and from London Bridge to the Downs, and from the Downs westward as far as the Isle of Wight, and in the English Channel from the Isle of Wight up to London Bridge) might license pilots for the passage from Dungeness inwards as well as outwards; that the existing Trinity House pilots might pilot ships inwards within the limits of their licenses; that the existing Cinque Port pilots should be subject to the same rules as the Trinity House pilots, and should be authorized to pilot vessels inwards or outwards in the limits for which they were then licensed (y).

The Trinity House may, in the exercise of the general power given to pilotage authorities, alter such of the provisions of the new Act as are expressed therein to be subject to alteration, in the same manner as they might have altered the same if they had been contained in any previous Act of Parliament (2).

The Trinity House is empowered (as are also the Trinity Houses of Hull and Newcastle) (a) to appoint commissioners for the examination of pilots, in all districts in which they have been used to make such appointments, and, with the consent of her Majesty in Council as respects the Trinity House, for other districts in which no particular provision is made by Act of Parliament or charter for the appointment of pilots, or as respects the Hull and Newcastle Trinity Houses for other places within their jurisdiction (b).

(t) Sec. 66.

(u) 6 Geo. 4, c. 125, s. 14.

(r) The act, except sections 3, 4, 5, 8, 10, and so much of section 9 as relates to the recovery of pilotage rates by Cinque Port pilots before the 17 & 18 Vict. c. 120 came

into operation, was repealed by this latter
statute.

(y) 16 & 17 Vict. c. 129, secs. 2-5.
(2) 17 & 18 Vict. c. 104, sec. 368.
(a) Sec. 387.
(b) Sec. 369.

Sub