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Pt. X.

As to whether a master could be convicted under this section for himself acting goo

as pilot, see Beitby v. Shepherd (1848), 18 L. J. Ex. 73; 3 Ex. 40 (under6 Geo. 4,'

c. 125, ss. 6S, 70).

(A) As to whether the master of a tug is " in charge of" the tow, see Beilby v. Scott (1840), 7 M. & W. 93 (under 0 Geo. 4, c. 125, s. 70).

(<r) The master of an unexempted ship may employ an unlicensed pilot after an offer by a pilot licensod only for exempted ships. Stafford v. Dyer, 64 L. J. M. C. 194; [1895] I Q. B. 56(1. A pilot who is duly licensed for one district is not guilty of an offence against sub-s. (1) by continuing to pilot the ship beyond that district, although a pilot duly licensed for both districts has offered his services shortly after the other pilot had been engaged. Blair v. Warden (1893), 25 Ct. of Jus. Cas. (4th Series), 93; 35 Sc. L. R. 932.

(d) Und»r 6 Geo. 4, e. 125, s. 70, it was held that proof must be given that the defendant knew of the offer. Chancy v. Payne (1841), 1 Q. B. 712: 1 G. & D. 348. See also Peck v. Carrington (1821), 5 Moore, 176; 2 B. & B. 399.

As to the case of a qualified pilot who refuses to produce his licence, see note to*. 688.

A qualified pilot cannot sit as a magistrate on the hearing of a summons for an offence against this section. Reg. v. Jfnygins, [1895] 1 Q. B. 563.

Pilotage Certificates for Masters and Mates.

599.—(1.) A pilotage authority may, if they think fit, on Grant of the application of the master or mate of any ship, and on P>l°t«ge payment by him of the usual expenses, examine him as to his to nuwtew capacity to pilot the ship of which he is master or mate, or any and mates, one or more ships belonging to the same owner (a) as that ship, [1854, ss. 340, within any part of the district of the pilotage authority. 841-]

(2.) A pilotage authority, if on examination they find that any master or mate is competent, shall grant him a certificate (b) (in this Act referred to as a pilotage certificate) specifying—

(a.) the name of the person to whom it is granted:

(b.) the ship or ships in respect of which it is granted:

(c.) the limits within which the master or mate is entitled to

pilot the ship or ships: and (d.) the date on which it is granted.

(3.) The person to whom a pilotage certificate is granted shall, while he is acting as master or mate of any of the ships specified in the certificate, be entitled to pilot that ship within the limits specified in the certificate, without incurring any penalty for not employing a qualified pilot (c).

(4.) A pilotage certificate so granted shall not be in force for more than the period of one year from its date, but may be renewed from year to year by an endorsement under the hand of the secretary or other proper officer of the pilotage authority who have granted the certificate (d).

Cf. s. 601, sub-s. (2), as to certificates granted by the Board of Trade.

(a) To satisfy this sect i m the same owner must at the material times have held the whole of the shares in the ship in respect of which the certificate was originally granted, as well as hold the whole of the shares in the ship to which the master or mate is transferred. The Bristol City, 71 L. J. P. 5; [1902] P. 10. See also The Earl 0/ Auckland (1861), 30 L. J. Ad. 121: Lush. 164, 387. A

Pt. x.

gQ0 goj misstatement of tho ownership of the first ship was also held to invalidate a

'_ certificate to pilot ships belonging to the same owners. The Bristol City, supra.

(4) After tho 21st December, 1906, a certificate cannot be granted to an alien. See M. S. A. 1906, s. 73.

(c) It seems that the owner is liable for a collision occurring while the vessel is in command of a master or mate holding such a certificate, and cannot set up the plea of compulsory pilotage (g. 633) on the ground that there was also a qualified pilot on board and the ship was in waters where pilotage is compulsory. See The Bristol City, supra, and the ease next cited, and cf. cases in note (rf) to B. 633. Where the certificate had been signed and sealed by the pilotage authority, but tho master had not received it, it was held that he was not entitled to pilot the ship, and that therefore a plea of compulsory pilotage set up on her behalf in a collision action was good. The Killarney (1861), 30 L. J. Ad. 41; Lush. 202.

By s. 613, sub-s. (2), a ship having such a master or officer on board in compulsory pilot waters is required to display a pilot flag.

(rf) The pilotage authority has an absolute discretion to refuse to renew the certificate. Reij. v. Trinity Uonsc Corporation (1887), 35 W. K. 835.

Appeal by 600.—(1.) If it appears to the Board of Trade upon cornmate toBoard Plaint made to them—

of Trade. (a ) a pQ0tage authority have without reasonahle cause

[1854, s. 342.] refused or neglected to examine a master or mate who

has applied to them for the purpose; or

(b.) that a pilotage authority have without reasonable cause refused or neglected to grant a pilotage certificate after examination; or

(c.) that an examination of a master or mate has been unfairly or improperly conducted; or

(d.) that a pilotage authority have imposed unfair or improper terms or conditions on the granting of a certificate; or

(e.) that a pilotage certificate has been improperly withdrawn from the holder thereof,

the Board of Trade, if the circumstances of tho case appear to them to require it, may appoint persons to examine the master or mate, and, if he is found competent, grant him a pilotage certificate (a) upon such terms and conditions as they think fit.

(2.) The pilotage certificate so granted shall contain the same particulars, be of the same effect, and be in force for the same period as a certificate granted by a pilotage authority, and may be renewed either by the pilotage authority of the district, or if the Board of Trade think fit by that Board, and the renewal, if it is granted by the Board of Trade, shall be endorsed on the certificate by some person appointed by the Board of Trade for the purpose, and, if it is granted by a pilotage authority, shall be endorsed on the certificate in the same manner as in the case of certificates of pilotage originally granted by them.

(a) Since 21st December, 1906, a pilotage certificate cannot be granted to an alien. See M. S. A. 190G, s. 73.

Withdrawal 601. The Board of Trade or a pilotage authority, as the case of certificate, may be, may. respectively withdraw , any .pilotage certificate

[1854, 8. 344.]

Pt. X.

granted by them if it appear to them that the holder thereof has 602—603. been guilty of misconduct or has shown himself incompetent to pilot his ship, and a certificate so withdrawn shall cease to be of effect.

602.—(1.) Masters and mates shall pay such fees upon the Fees for granting and renewal of pilot certificates as— certificates

(a.) in the case of certificates granted or renewed by a pilotage [1854, s. 313; authority may be fixed by that authority with the con- fi2 & 53 Vict, sent of the Board of Trade: ' c. 63, s. 8.]

(b.) in the case of certificates granted or renewed by the Board of Trade may be fixed by that Board, provided that they are not less than the fees paid by qualified pilots in the same district in respect of the granting and renewal of licences.

(2.) The fees so received by a pilotage authority in respect of certificates shall be applicable to the expenses of and incidental to the examinations for the certificates and to the payment of such charges in connexion with the preparation and renewal thereof as may be approved by the Board of Trade, and the surplus (if any) shall be applied for the benefit of the pilots' superannuation fund of the port or district (if any), or otherwise for the benefit of the qualified pilots of the port or district to which the certificates apply in such manner as the pilotage authority may think fit.

(3.) The fees received by the Board of Trade in respect of pilotage certificates shall be applicable to the expense of the examinations for those certificates, and the surplus (if any) shall be applied for the benefit of the qualified pilots of the port or district to which the certificates apply in such manner as the Board thinks fit.

Compuhory Pilotage.

603. — (1.) Subject to any alteration to be made by the Compulsory Board of Trade or by any pilotage authority in pursuance of the v^»eepowers hereinbefore contained (a), the employment of pilots [18o4>8- 3530 shall continue to be compulsory (6) in all districts where it was compulsory immediately before the commencement of this Act, but all exemptions from that compulsory pilotage shall continue to be in force (c).

(2.) If, within a district where pilotage is compulsory, the master of an unexempted ship after a qualified pilot [d) has offered to take charge of the ship, or has made a signal for the purpose, pilots his ship himself without holding (e) the necessary certificate, he shall be liable for each offence to a fine of double the amount of the pilotage dues that could be demanded for the. conduct of the ship. ■ ■ ::• ■ •■<

Pt. x.

(503. Note.—This section has been amended by the Merchant Shipping (Exemption

from Pilotage) Act, 1897, by virtue of which so much of this section as keeps in

force the provisions of the Pilot Act, 6 Geo. 4, c. 125, and of the Order in Council of 18th Feb., 1854, exempting vessels from compulsory pilotage ceases to operate in the case of vessels on voyages between any port in Sweden and Norway and the Port of London. When trading and not carrying passengers, however, such vessels are still exempted by s. 625 (4). The Columbia (1899), 80 L. T. 203, 8 Asp. M. L. C. 488.

The Pilot Act and the Order in Council were repealed by the M. S. A. 1854, but the exemptions (see infra) were kept in force (sect. 353 of M. S. A. 1854), and are still (save as to the said partial repeal of 1897) in force by reason of this s. 603.

To determine whether pilotage is compulsory in any particular case, it will be necessary to refer not only to the present Act and the exemptions above mentioned, but to local Acts and byelaws. The question is often one of much intricacy and difficulty, and the subject is only within the scope of this note Bo far as it depends upon the construction of the general statutes.

For detailed information with regard to particular localities, see Marsden on Collisions, 5th ed. p. 2(7.

The above-mentioned exemptions qualify, and are net limited by ss. 622, 625. Cf. Stan/on v. Banks (or Reg. v. Stanton) (1867), 27 L. J. M. C. 105; 8 E. & B. 448; The Earl of Auckland (1861), Lush. 164, 387; 15 Moo. P. C. C. 304; The Moselle (1874), 32 L. T. 570; 2 Asp. M. L. C. 686, decided under ss. 376, 379 of M. S. A. 1854.

Hence, where the master of a ship carrying passengers was convicted, under 1854, s. 376 (1894, s. 622), for refusing the services of a qualified pilot at Gravesend on a voyage outward to the Baltic, it was held that the conviction was wrong, the ship being exempt by s. 353 of 1854 and s. 59 of 6 Geo. 4, c. 125. Stanton v. Banks, supra.

And a British ship, coming from Boulogne, or a port north of that, and carrying passengers, was similarly held exempt from employing a licensed pilot in the Thames. The Earl of Auckland, supra; The Moselle, supra.

But these exemptions wpre held not to restrict the provisions of M. S. A. 1854, s. 354 (1894, s. 604, sub-s. (1)), and hence an Irish trader (as described in 6 Geo. 4, c. 125, s. 5H), coming from Belfast to London with passengers, was held compelled to employ a licensed pilot in the Thames. The Temora (1860), Lush. 17; IL. T. 418.

The sections of 6 Geo. 4, c. 125, relating to exemptions from compulsory pilotage are as follows:—

59. Provided always, that for and notwithstanding anything in this Act contained, the master of any collier, or of any ship or vessel trading to Norway, or to the Cattrgat or Baltic, or round the North Cape, or into the White Sea, on their inward or outward voyages, or of any constant trader (/ ) inwards [g), from the ports between Boulogne inclusive and the Baltic (all such ships and vessels having British registers (h) and coming up either {sic) by the North Channel, but not otherwise) {h), or of any Irish trader using the navigation of the Bivcrs Thames and Medway (•), or of any ship or vessel employed in the regular coasting trade (k) of the kingdom, or of any ship or vessel wholly laden with

, stone from Guernsey, Jersey, Alderney, Sark, or Man, and being the production "thereof, or of any ship or vessel not exceeding the burthen (/) of sixty tons, and having a British register, except as herein-after provided; or of any other ship or vessel whatever, whilst the same is within the limits of the port or place to which she belongs (<«), the same not being a port or place in relation to which particular provision hath heretofore been made by any Act or Acts of Parliament, or by any charter or charters for the appointment of pilots (»), shall and may lawfully, and without being subject to any of the penalties by this Act imposed, conduct or pilot his own ship or vessel when and so long as he shall conduct or pilot the same without the aid or assistance of any unlicensed pilot or other person or persons than the ordinary crew of the said ship or vessel.

60. Provided also, that from and after the passing of this Act it shall and may be lawful for his Majesty, by and with the advice of his Privy Council, or by any Order or Orders in Council, to permit and authorise ships and vessels not exceeding the burthen of sixty tons, and not having a British register, to be piloted and conducted without having a duly licensed pilot on board, upon the same terms and conditions as are by this Act imposed on British ships and vessels, not exceeding the like burthen.

Pt. X.

61. Provided also, that nothing in this Act contained shall extend or be con- 603.

strued to extend to subject the master or owner of any ship or vessel to any of

the penalties of this Act, for employing any person or persons whomsoever as a

pilot or pilots in and for the assistance of such ship or vessel whilst the same shall be in distress or in consequenoe thereof, or under any circumstances which shall have rendered it necessary for such owner or master to avail himself of the best assistance which at the time could be procured; anything herein contained to the contrary thereof in anywise notwithstanding.

62. Provided always, that nothing in this Act contained shall extend or be construed to extend to subject to any penalty the master or mate of any ship or vessel, being the owner or a part owner of such ship or vessel, and residing at Dover, Deal, or the Isle of Thanet, for conducting or piloting such his own ship or vessel from any of the places aforesaid, up or down the Rivers Thames or Medway, or into or out of any port or place within the jurisdiction of the cinque ports (o).

63. Provided always, that when any ship or vessel shall havo been brought into any port or ports in England by any pilot duly licensed, nothing in this Act contained shall extend or be construed to extend to subject to any penalty the master or mate, or other person belonging to such ship or vessel, aud having the command thereof, or if in ballast, any person or persons appointed by any owner, or master or agent of the owner thereof, for afterwards removing such ship or vessel in such port or ports for the purpose of entering into or going out of any dock, or for changing the moorings of such ship or vessel (p).

The above provisions were extended by the Order in Council of 18th February, 1854, which provides as follows: —

Subject to the provisions contained in 6 Geo. 4, c. 125, s. 69, in respect of the employment of unlicensed persons, exemption from compulsory pilotage shall be allowed to the masters

Of ships and vessels trading to Norway, or to the Cattegat or Baltic, or

round the North Cape, or into the White Sea, when coming up by the south

channels; Of ships and vessels trading to ports between Boulogne (inclusive) and the

Baltic on their outward passages, and when coming up by the south

channels; Of ships and vessels passing through the limits of any pilotage district on their

voyages from one port to another port, not being bound to any port or place

within such limits, nor anchoring therein.

(a) See 83. 575, 578, 681. The words "by the Board of Trade or" were new, but do not appear to alter the law.

(4) As to the meaning of " compulsory," see s. 633, note (/).

(e) See general " Note" at head of these notes.

(-/) As to who is a qualified pilot, see s. 586.

(e) As to meaning of " holding" see note (e) to s. 699.

(/) Constant trader includes a ship on her second voyage when she is running as part of a line of steamships. The Cayo Bonito, 72 L. J. P. 70; [1903] P. 203.

(g) The Order in Council of 18th February, 1854, extends this provision to vessels trading outwards. See Cayo Bonito, eupra.

(A) The requirement as to registration applies to all the previous exemptions in this section and in the corresponding provisions in the Order in Council of February, 1854. See The Hanna (1866), 36 L. J. Ad. 1; L. R. 1 A. & E. 283; The Vesta (1882), 51 L. J. Ad. 25; 7 P. D. 240.

(i) This provision only applies to Irish traders when not carrying passengers. The Temora (1860), Lush. 17 ; 1 L. T. 418.

(k) For meaning of " coasting trade" see s. 625, note (d).

{I) For meaning of "tons burthen," see The Brunei (1900), 69 L. J. P. 8; [1900] P. 24, and note (o) to s. 3, supra,

(m) A ship is deemed to belong to her port of registry. See s. 13; The Stettin (1863), 31 L. J. Ad. 208; B. & L. 199; The Killamey, infra.

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