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Pt. X.

trate" shall respectively mean a magistrate appointed 611-612. under the Constabulary (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 be
made, as respects county court judges and chairmen
of quarter sessions, by the authority having power
to make rules and orders for regulating the practice
under the County Officers and Courts (Ireland) Act, 40 & 41 Vict.
1877, and as respects stipendiary magistrates, by c. 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 Rex v. Lewis, [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 Signals.

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. pilot boats) shall be approved and licensed by the pilotage [1854, s. 345.] 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,

istics of pilot boats.

(a.) On her stern the name of her owner and the port to [1854, s. 346.] which she belongs, painted in white letters at least one

inch broad and 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

Pt. X.

613-615. 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.

Display of pilot flag, when pilot is on board vessel.

[1854, s. 347;

52 & 53 Vict. c. 68, s. 9.]

Penalty on

ordinary boat
displaying
pilot flag.
[1854, s. 348;
52 & 53 Vict.

c. 68, ss. 9,
10.]

Signals to be

displayed by
ships requir-
ing a pilot.
[36 & 37 Vict.

C. 85, ss. 19,
20.]

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

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.

(~) See ss. 599, 604, as to masters' and mates' pilotage certificates.

614. A pilot flag or a flag so nearly resembling a pilot flag as to be likely to deceive shall not be displayed on any ship or 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, be 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.

of

(3.) If a master of a vessel uses or displays, or causes or permits any person under his authority to use or display, any 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.

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

Pt. X. 616-618.

Trinity House.

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

to alter regu

616. The Trinity House may, in the exercise of the general Power of powers given to pilotage authorities under this Part of this Act, Trinity House alter such of the provisions hereinafter contained in this Part of lations. this Act as are expressed to be subject to alteration by them in [1854, s. 368.] the same manner and to the same 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) Trinity House to appoint for the examination of pilots in all districts in which the Trinity sub-commis House have before the commencement of this Act been used to sioners. make those appointments, and may, with the consent of Her [1854, s. 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. 573; and The Assaye, 74 L. J. Ad. 145; [1905] P. 289.

Licensing of Pilots by Trinity House.

Trinity House within certain

618.-(1.) The Trinity House shall continue, after due exami- Licensing of nation by them or their sub-commissioners, to appoint and pilots by license, under their common seal, pilots for the of conpurpose ducting ships within the following limits or within any area limits. within those limits; namely,

(i.) The London district, consisting of the waters of the Thames and Medway as high as London Bridge and Rochester Bridge respectively, and also the sea and channels leading thereto or therefrom as far as Orfordness 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

[1854, s. 370.]

Pt. X. 619.

Regulations as to pilots' licences.

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.

(a) In Hadgraft v. Hewith (1875), 44 L. J. M. C. 140; L. R. 10 Q. B. 350, a local Act, whereby the Trinity 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, s. 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, s. 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 cases 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 [1854, ss. 371, of pilots by them :372, 374.]

(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 so 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 shall, 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 any
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 Beta (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. 620–623.

Pilot's lia

bility limited.

620. A qualified pilot appointed by the Trinity House who has executed a bond under this Part of this Act shall not be liable for neglect or want of skill beyond the penalty of the 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 cases cited in note (c) 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.

Cf. the case cited in note (a) to s. 589.

Compulsory Pilotage (Trinity House).

suspend
licences.
[1854, s. 375.]

districts of

622. (1.) Subject to any alterations to be made by the Compulsory Trinity House (a), and to the exemptions under this Part of this pilotage 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, s. 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.

(b) See ss. 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.

(d) As to the meaning of "possessing," see s. 599, note (c).

(e) For the purposes of s. 3, sub-s. (1), " tons burden" was held to mean the

net register tonnage. See The Brunel, 69 L. J. P. 8; [1900] P. 24.

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pilots at

[1854, s. 377.]

623. Subject to any alteration to be made by the Trinity Constant House (a) a sufficient number of qualified pilots shall always be supply of ready to take charge of ships coming from the westward past Dungeness. Dungeness; and the Trinity House shall, by byelaw made under this Part of this Act (b), 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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