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Pt. X.

trate" shall respectively mean a magistrate appointed 611—612.
under the Constahulary (Ireland) Act, 1836. 6 & 7 Will. 4

(c.) Rules with respect to the procedure in case of appeals c. 13.
under this section (including costs and the remu-
neration of assessors) may from time to time he
made, as respects county court judges and chairmen
of quarter sessions, by the authority having power
to make rides and orders for regulating the practice
under the County Officers and Courts (Ireland) Act, 40 & 41 Vict.
1877, and as respects stipendiary magistrates, by °- 56-
the Lord Lieutenant of Ireland in Council, but in
either case with the concurrence of the Treasury as
to fees.

The rules made under the powers re-enacted in sub-ss. (7), (8), (9), are those set out post, Appendix, p. 747. They remain in force under this Act by virtue of s. 745.

(a) As to time for notice of appeals from metropolitan police magistrates, see Sex v. leicis, [1906] 2 K. B. 307; 95 L. T. 476, which decides that a magistrate has power to extend the time although application had not been made to him within the time specified in the Pilotage Appeal Rules (Stipendiary and Metropolitan Police Magistrates), 1890.

Pilot Boats and Pilot Sir/nats.

611. All boats and ships regularly employed in the pilotage Approval of service of any district (in this Part of this Act referred to as

pilot boats) shall be approved and licensed by the pilotage ,B" authority of the district, and that authority may, at their discretion, appoint and remove the masters of those pilot boats.

612. —(1.) Every pilot boat shall be distinguished by the Characterfollowing characteristics; namely,— ptiot boats

(a.) On her stern the name of her owner and the port to r-18g4f 8 345 ] which she belongs, painted in white letters at least one inch broad arid three inches long, and on each bow the number of her licence.

(b.) In all other parts a black colour painted or tarred outside, or such other colour or colours as the pilotage authority of the district, with the consent of the Board of Trade, direct.

(c.) When afloat a flag (in this Act called a pilot flag) of large dimensions compared with the size of the pilot boat, and of two colours, the upper horizontal half white, and the lower horizontal half red, to be placed at the mast head, or on a sprit or staff, or in some equally conspicuous situation.

(2.) It shall be the duty of the master of the pilot boat to see that the pilot boat possesses all the above characteristics, and that the pilot flag is kept clean and distinct, so as to be easily

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discerned at a reasonable distance; and also that the names and numbers aforesaid are not at any time concealed; and if a master fails without reasonable cause to comply with the requirements of this section, he shall for each offence be liable to a fine not exceeding twenty pounds.

As to lights to be carried by steam and other pilot boats, see Collision Regulations, Appendix, pp. 659, 671.

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613.—(1.) When a qualified pilot is carried off in a vessel not in the pilotage service, he shall exhibit a pilot flag in order to show that the vessel has a qualified pilot on board; and if he fails, without reasonable cause, to do so, he shall for each offence be liable to a fine not exceeding fifty pounds.

(2.) Where the master or mate of a ship holds a pilotage certificate (a), a pilot flag shall be displayed on board the ship while that master or mate is on board and the ship is within a pilotage district in which pilotage is compulsory, and if default is made in complying with the enactment, the master of the ship shall for each offence be liable to a fine not exceeding twenty pounds.

[a) See ss. 599, 604, as to masters' and mates' pilotage certificates.

Penalty on 614. A pilot flag or a flag so nearly resembling a pilot flag

ordinary boat as to be likely to deceive shall not be displayed on any ship or

pilot flig. [1854, s. 348 52 & 53 Vict. o. 68, ss. 9. 10.]

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boat not having a licensed pilot or a master or mate holding a pilotage certificate on board, and if on any such ship or boat any such flag is displayed, the owner or master of that vessel shall, unless in the case of the display of a flag likely to deceive he proves that he had no intention to deceive, De liable for each offence to a fine not exceeding fifty pounds.

615.—(1.) Her Majesty may by Order in Council make rules as to the signals to be used or displayed where the services of a pilot are required on any vessel, and those signals are in this Act referred to as pilot signals (a).

(2.) If a vessel requires the services of a pilot, the master of that vessel shall use or display the pilot signals.

(3.) If a master of a vessel uses or displays, or causes or permits any person under his authority to use or display, any of the pilot signals for any other purpose than that of summoning a pilot (b), or uses or causes or permits any person under his authority to use any other signal for a pilot, he shall for each offence be liable to a fine not exceeding twenty pounds.

(a) In the former Act the pilot signals were scheduled, with a power of alteration by Order in Council which was not exercised. The Schedule was repealed by this Act. The signals now in force are those prescribed by an Order in Council of 29th June, 1900; see Appendix, p. 756.

(A) As to exemption from liability for use of registered private code of signals, aee s. 733.

Pt. X.

Trinity House. For definition of " Trinity Rouse," see s. 742.

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616. The Trinity House may, in the exercise of the general Power of powers given to pilotage authorities under this Part of this Act, ?rin1lty Hou96 alter such of the provisions hereinafter contained in this Part of utions. this Act as are expressed to be subject to alteration by them in [1854, s. 368.] the same manner and to the Fame extent as they might have been altered if these provisions had been contained in any previous Act of Parliament instead of this Act.

Sub-Commissioners [Trinity House).

617.—(1.) The Trinity House shall continue to appoint sub- Power of commissioners (not being more than five nor fewer than three) rTMit7i Puae for the examination of pilots in all districts in which the Trinity sub-commisHouse have before the commencement of this Act been used to sionera. make those appointments, and may, with the consent of Her [1864, a. 369.] Majesty in Council, but not otherwise, appoint like sub-commissioners of any other district in which no particular provision is made by any Act of Parliament or charter for the appointment of pilots.

(2.) A pilotage district which is at the commencement of this Act under the authority of any sub-commissioners appointed by the Trinity House shall not be extended, except with the consent of Her Majesty in Council, and sub-commissioners appointed by the Trinity House shall not be deemed to be pilotage authorities within the meaning of this Act (a).

(a) For meaning of "pilotage authority" see s. 673; and The Aseaye, 74 L. J. Ad. 145; [1905] P. 289.

Licensing of Pilots by Trinity House.

618.—(1.) The Trinity House shall continue, after due exami- Licensing- of nation by them or their sub-commissioners, to appoint and Pj101?^ license, under their common seal, pilots for the purpose of con- wiJhi^certain ducting ships within the following limits or within any area limits, within those limits; namely,— [1854, s. 370.]

(i.) The London district, consisting of the waters of the
Thames and Medway as higli as London Bridge and
Rochester Bridge respectively, and also the sea and
channels leading thereto or therefrom as far as Orford-
ness to the north, and Dungeness to the south,
(ii.) The English Channel district, consisting of the seas

between Dungeness and the Isle of Wight,
(iii.) The Trinity House outport districts, comprising any
pilotage district for the appointment of pilots within

which no particular provision is made by any Act of Parliament or Charter (a). (2.) The Trinity House shall not license a pilot to conduct ships both above and below Gravesend.

(o) Iu Hadgrajt v. Hncith (1875), 41 L. J. M. C. 140; L. B. 10 Q. B. 350, a local Act, whereby the Triuity House were required to appoint sub-commissioners to examine and certify pilots for the port of Ipswich, was held not to be a particular provision within the meaning of this section (1854, g. 370), on the ground that it merely applied to a particular port the general provisions of the law with respect to the appointment of pilots contained in 6 Geo. 4, c. 125, 8. 5, with the addition that the sub-commissioners were to be "resident within the port of Ipswich." See also The Juno (1876), 45 L. J. Ad. 105; 1 P. D. 135; and casts cited, note («) to s. 603.

619. Subject to any alteration to be made by the Trinity House (a), the following provisions shall apply to the licensing of pilots by them :—

(i.) The names of all pilots licensed by the Trinity House shall be published by them—

(a.) by fixing at their house in London a notice specifying the name and usual place of abode of every pilot 60 licensed, and the limits within which he is licensed to act; and

(b.) by transmitting copies of that notice to the Commissioners of Customs in London, and to the chief officers of customs at all ports or places within the limits for which the pilot is licensed; and those copies shall be posted up at the Custom House in London, and at the custom house at those ports or places.

(ii.) Every Trinity House pilot Bhall, on his appointment, execute a bond for one hundred pounds, conditioned for the due observance on his part of the regulations and byelaws of the Trinity House, and that bond shall be free from stamp duty, and from every other charge except the actual expense of preparing the same, (iii.) A licence granted to a pilot by the Trinity House shall not continue in force beyond the thirty-first day of January next following the date of that licence; but the licence may, upon the application of the pilot holding the same, be renewed on or before (b) the thirty-first day of January in every year, or on auy subsequent day, by endorsement under the hand of the secretary of the Trinity House, or such other person as may be appointed by them for that purpose.

(a) See s. 616 as to powers of Trinity House.

(b) The provision for renewal before the 31st January has been added by this section, but under the Act of 1854 it was held, in The Seta (1865), B. & L. 328; 12 L. T. 1, that a pilot's licence, renewed by endorsement made on the 22nd of January, operated as a renewal from the 31st January.

Pt. X.

620. A qualified pilot appointed by the Trinity House who 620—623. has executed a bond under this Part of this Act shall not be pilot>K 7j~ liable for neglect or want of skill beyond the penalty of the bility limited, bond, and the amount payable to him on account of pilotage in [1854, s. 373.] respect of the voyage in which he was engaged when he became

so liable.

As to a pilot's liability generally, see eases cited in note (e) to s. 633.

621. The Trinity House may revoke or suspend the licence Power to of any pilot appointed by them, in such manner, and at such revoke and time, as they think fit. licences.

Cf. the case cited in note (a) to s. 589. C1854' 8- 3750

Compulsory Pilotage (Trinity Home).

622.—(1.) Subject to any alterations to be made by the Compulsory Trinity House (a), and to the exemptions under this Part of this §J^cf^of Act (b), pilotage shall be compulsory within the London district, Trinity and the Trinity House outport districts (c). House.

(2.) If a master of a ship navigating within those districts, [1854, B. 376.] after a qualified pilot has offered to take charge of the ship, or made a signal for the purpose, either himself pilots the ship without possessing (d) a pilotage certificate, or employs or continues to employ an unqualified person to pilot her, he shall for each offence be liable, in addition to any other penalty under this Part of this Act, to a fine not exceeding five pounds for every fifty tons burden (e) of the ship, if the Trinity House certify in writing, under their common seal, that the prosecutor may proceed for the same.

(a) See s. 616 as to power to alter regulations.

(i) See sa. 603—605, 625, as to compulsory pilotage and exemptions therefrom.

(c) See s. 618, sub-s. (1) (i.) and (iii.), as to extent of these districts.

(<•/) As to the meaning of "possessing," see s. 599, note (<■).

(c) For the purposes of s. 3, sub-s. (1), "tons burden" was held to mean the net register tonnage. See The Brunei, 69 L. J. P. 8; [1900] P. 24.

623. Subject to any alteration to be made by the Trinity Consiant House (a) a sufficient number of qualified pilots shall always be supply of ready to take charge of ships coming from the westward past Sun««iiei«>. Dungeness; and the Trinity House shall, by byelaw made n85ii 8- 377,1 under this Part of this Act (4), make such regulations with respect to the pilots under their control as may be necessary in order to provide for an unintermitted supply of qualified pilots for those ships, and to insure their constant attendance upon, and due performance of, their duty both by night and day, whether by cruising between the South Foreland and Dungeness, or by going off from shore upon signals made for the purpose,

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