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for the master of such ship or vessel to avail himself of the best assistance which at the time could be procured.
72. And be it further enacted, That every pilot licensed or to be licensed Penalty on as aforesaid, who shall, when not actually engaged in his capacity of pilot, pilots who refuse or decline or wilfully delay to go off to or on board of or to take sh
ka shall decline to
go off to or charge of any ship or vessel wanting a pilot, and within the limits specified
the Imits specined take charge of in his licence, and of which he shall be qualified to take charge, upon the vessels, or who usual signal for a pilot being displayed from such ship or vessel, or upon shall quit the being required so to do by the captain or by any commissioned or warrant same. officer of or belonging to such ship or vessel (if the same shall be in his Majesty's service), or by the master or other person having the command of such ship or vessel, or by any person or persons interested therein as principal or agent (if the same shall not be in his Majesty's service), or upon being required so to do in either of the cases aforesaid by any officer of the corporation or society to which such pilot shall belong, or by any principal officer of his Majesty's Customs (unless in any of the cases aforesaid it shall be unsafe for such pilot to obey such signal or comply with such requisition, or he shall be prevented from so doing by illness or other sufficient cause to be shown by him in that behalf), and every pilot licensed or to be licensed as aforesaid who shall on any frivolous pretext quit any ship or vessel, or decline the piloting thereof, after he has been engaged to pilot the same, or after going alongside thereof, before the service shall have been performed for which he was hired, and without leave of the captain of such ship or vessel (if in his Majesty's service), or of the master or other person having the command of such ship or vessel (if not in his Majesty's service), shall forfeit for every such offence any sum not exceeding one hundred pounds nor less than ten pounds, and shall be liable to be dismissed from being a pilot, or suspended from acting as such, at the discretion of the corporation or other authority by whom such pilot was licensed.
73. And be it further enacted, That in case any pilot, licensed or to be Penalty on licensed as aforesaid, shall employ or make use of, or shall compel or pilots for emrequire any person having the command or charge of any ship or vessel ploying or reto employ or make use of any boat, anchor, cable, hawser or any other on
1er employment of matter or thing in or for the service or pretended service of such ship or any boat, &o.. Vessel, beyond what shall actually and bona fide be necessary and proper beyond what for the use thereof, with intent thereby to enhance or increase the is necessary, charge or expense of pilotage or pilot assistance of such ship or vessel, thereby to inwhether for the gain and emolument of such pilot, or for the gain or
cain a crease expense. emolument of any other person or persons whomsoever, then, and in every such case the person so offending shall forfeit and pay a sum not exceeding fifty pounds nor less than ten pounds, and shall also be liable to be deprived of his licence, or suspended from acting as a pilot, at the discretion of the corporation or other authority by whom he was licensed.
74. And be it further enacted, That in case any pilot licensed or to be Penalty for licensed as aforesaid shall lend his licence to any unlicensed person to lending licence assist him in acting or claiming to act as a licensed pilot, or in case any a
drunkenness, such licensed pilot, or any person not being a pilot, but acting under a
" and for conpretext or colour of being a pilot, shall by drunkenness render himself in- duc capable of conducting any ship or vessel, or shall wilfully or negligently vessel into run any ship or vessel on shore, or lose or injure the same, or the tackle danger, or or furniture thereof, or shall wilfully and knowingly conduct, lead, decoy injuring the or betray any ship or vessel into danger in any manner not already pro- $ vided against by any statute or statutes, or shall unnecessarily or im- the properly cut any cable or cables of or belonging to any ship or vessel, or misrepresentacause or procure the same to be cut unnecessarily and improperly, or if any tion. such person shall by wilful misrepresentation of any circumstances upon
which the safety of any ship or vessel shall appear materially to depend for the time being obtain or endeavour to obtain the charge and conduct of any such ship or vessel, then, and in every such case the person so offending, or who shall aid in, procure, abet or connive at the committing of any such offence or offences, shall, besides being liable to damages at the suit of the party grieved, forfeit and pay a sum not exceeding one hundred pounds nor less than twenty pounds, and if the person so offending shall be a pilot, he shall also be liable to be deprived of his licence, or suspended from acting as a pilot, at the discretion of the corporation or other authority by whom his licence was granted.
Penalty on pilots for not orders of dock masters.
75. And whereas the dock master or dock masters appointed by divers dock companies in the port of London, under and by virtue of divers acts of Parliament, have power and authority to direct the mooring and unmooring, moving or removing of ships and other vessels, within certain distances from the entrances out of the river Thames into the docks of such companies respectively : Be it therefore enacted, that from and after the passing of this act, if any pilot having the charge and direction of any ship or vessel within such distances from the respective entrances into the said docks respectively from the river Thames, and either intended to go into or having recently come out of the docks of the said companies respectively, shall neglect or refuse to obey such orders or directions as shall or may from time to time be given to such pilot by the said dock master or dock masters respectively, under and by virtue of and agreeably to the powers vested in him and them by any act or acts of Parliament touching or relating to the mooring, unmooring, moving or removing of such ships or vessels so being under the charge or direction of such pilot as aforesaid, then and in every such case every pilot so offending shall forfeit and pay a sum not exceeding fifty pounds nor less than twenty pounds, and every such pilot shall be liable to be dismissed from being a pilot or suspended from acting as such, at the discretion of the corporation or other authority by whom such pilot was licensed.
76. Enacts that penalties above 201. may be recovered in the superior Courts of common law by actions commenced within twelve months after the offence.
77. Penalties not exceeding 201. may be recovered within six months of the offence before justices of the peace.
78. Empowers justices of any county into which an offender may escape to indorse the original warrant, and to authorize the peace officers to execute it.
79. IVitnesses not appearing may be committed to the house of correction.
80. Enacts that persons giving false testimony in any examination on oath under the act shall be guilty of perjury.
81. Provides a form of conviction.
82. Directs that an appeal may be made to the quarter sessions, who may finally determine the matter and award costs, and that the proceedings are not to be quashed for want of form, or removed by certiorari.
83. Provides for the application of penalties.
84. Provides for the limitation of actions, pleading the general issue, and costs.
85. Regulations in any act relating to pilotage in any river, &c., and which refer to the repealed statutes, to continue in force notwithstanding such repeal.
86. Act not to compel ships belonging to his Majesty to take pilots.
87. Act not to affect the jurisdiction of the Court of Loadmanage, or of the High Court of Admiralty.
88. Provides that the act shall not prejudice any right of the city of London.
89. And be it further enacted, That nothing in this act contained shall Act not to extend or be construed to extend to the taking away, abridging, defeating, affect any disimpeaching or interrupting of any grants, liberties, franchises or privileges tracts
vilecos tricts having heretofore granted by any charters or acts of Parliament to the pilots of dictio
separate juristhe Trinity House of the town of Kingston-upon-Hull, or the Trinity House of Newcastle-upon-Tyne, or to give any authority to the corporation of the Trinity House of Deptford Strond, within any ports or districts having separate jurisdictions in matters of pilotage, under any act of Parliament or charter, or to alter or repeal any provisions contained in any act or acts of Parliament relating to the pilots of any ports or districts in relation to which particular provisions shall have been made in any act or acts of Parliament as to the pilots or pilotage, or to the pilotage within the limits prescribed by any act or acts of Parliament relating to pilotage for such ports, or to the burden of vessels navigating to or from such ports.
14 & 15 Vict. c. 102. An Act to amend the Acts relating to the Merchant Seamen's Fund,
and to provide for winding up the said Fund, and for the better Management thereof in the meantime. [8th August, 1851.]
The earlier sections of this act provide for the management of the Merchant Seamen's Fund. Section 3 and a portion of section 4 have been repealed by 38 & 39 Vict. c. 66 (The Statute Law Revision Act, 1875).
8. At each port the shipping masters appointed under the Mercantile Shipping masMarine Act, 1850, or such of the said shipping masters, if more than one, ters appointed as the Board of Trade directs, shall be the receivers of such contributions
are of such contributions under the to the fund from masters and seamen as may be payable under the pro- Marine Act
Mercantile visions hereinafter contained; and in the case of shipping masters ap- 13 & 14 Vict. pointed by a local marine board constituted under the said last-mentioned c. 93, ss. 35, act, such board may, with the sanction of the Board of Trade, and in other 42, 43, to act cases the Board of Trade may appoint any clerks or servants to assist the as recei shipping masters in the discharge of their duties as receivers; and the Board of Trade may sanction such remuneration (if any) as it may deem necessary for the discharge of such duties.
Sections 9 to 19 provide for the collection of the Merchant Seamen's Fund, and for the appointment of officers to administer it. Section 15 has been repealed by 38 & 39 Vict. c. 66 (The Statute Law Revision Act, 1875).
Sources and Collection
20. After the passing of this act no master or seaman shall be compelled to pay any duty or contribution to the fund...
The latter part of this section has been repealed by 38 & 39 Vict, c. 66 (The Statute Law Revision Act, 1875).
No one who 21. No master or seaman who has not contributed to the fund before has not contri- the passing of this act shall be allowed to contribute thereto, or to estabbuted to be allowed to
lish any claim for a pension or other relief for himself or for his wife or contribute.
Those who have contributed to be allowed to continue.
22. All masters and seamen who before the passing of this act have contributed to the fund shall be allowed to continue to contribute in manner hereinafter mentioned, and shall in respect of their contributions be entitled to relief in the manner and subject to the conditions hereinafter mentioned.
Section 23 has been repealed by 38 & 39 Vict. c. 66 (The Statute Law Revision Act, 1875).
Rate and mode 24. In the case of masters who discharge their crews before a shipping of voluntary master under the provisions of the Mercantile Marine Act, 1850, and of contribution
seamen who are so discharged, such voluntary contributions shall be as for men discharged before 10110WS; (that
ore follows; (that is to say,) every master shall pay two shillings and every a shipping
seaman one shilling for each calendar month of service, and the same master accord- respective sums for any further number of days of service exceeding ing to 13 & 14 twenty, and one-half of such respective sums for any further number of Vict. c. 93, s. 96.
days of service exceeding ten and not exceeding twenty, and one-third of such respective sums for any further number of days not exceeding ten (such further numbers of days to be reckoned as one month, one halfmonth, and one-third of a month respectively); and such service shall in the case of masters and seamen respectively be reckoned from the day of their respectively signing the agreement to the day of their discharge inclusive; and such voluntary contributions shall be paid to such shipping master as aforesaid at the time of the discharge.
Rate and mode 25. In the case of masters and seamen who do not attend before a of voluntary shipping master for the purpose of discharge, such voluntary contributions contribution
as aforesaid shall be paid after the rate and in the manner following; (that for men not discharged be- 18 w siy,), SI.
is to say,) sixteen shillings shall be deemed to be the yearly contribution fore a shipping
for a master and eight shillings the yearly contribution for a seaman, and master. so in proportion for any shorter period, and such sums shall be deemed to
be payable quarterly in advance; and each master and seaman who wishes to contribute shall from time to time attend before some shipping master at stated periods to be appointed for the purpose by the Board of Trade, and shall then pay to him such proportions of his yearly contribution as he may think fit, so nevertheless that each such payment made at one time be either two shillings or some multiple of two shillings.
Provision for 26. In the case of seamen who enter the royal navy and who desire to the case of men continue their contributions to the fund, such contributions shall be acentering the cording to the rate herein before fixed for the case of seamen who are not navy.
discharged before a shipping master, and shall be paid in such manner as the Board of Trade directs.
Sections 27, 28, 36, 51 and 56 of this act were repealed by 16 & 17 Vict. c. 131, 8. 25.
Sections 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 61, were repealed by the Merchant Shipping Repeal Act, 1854. The later sections of this act
provided for the distribution and management of the Merchant Seamen's Fund.
Sections 39 and 40 and portions of sections 45, 50 and 59 have been repealed by 38 & 39 Vict. c. 66 (The Statute Law Revision Act, 1875).
* * The following Act, with the exception of sects. 3, 4, 5, 8, 10, 11, 12 and 13, and so much of sect. 9 as relates to the recovery of Pilotage Rates by Cinque Port pilots licensed before the Act came into operation, has been repealed by the Merchant Shipping Repeal Act, 1854; portions of the act, therefore, only are printed.
16 & 17 VICT. C. 129.
[20th August, 1853.] Whereas it is expedient that the right of piloting ships outwards from the port of London, and the right of piloting ships inwards to the same port, should be vested in one body of pilots, and that such pilots should be subject to uniform authority and control; be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. Repealed so much of 6 Geo. 4, c. 125, as relates to Cinque Port pilots, and of the whole of 9 Geo. 4, c. 86.
Union of Trinity Itouse and Cinque Port Pilots.
2. Enabling the Trinity House to license pilots for the passage from Dungeness inwards as well as outwards.
3. All Cinque Ports pilots duly licensed and authorized before this act Present Cinque comes into operation to pilot any vessels from Dungeness or the Downs Port pilots to up the rivers Thames or Medway shall, notwithstanding the repeal and be competen enactment hereinbefore contained, be authorized to pilot the like vessels either inwards
" to pilot vessels within the same limits and in the same manner within and in which they or outwards might have lawfully piloted the same before the passing of this act ac- within the cording to the terms of their existing licences, and shall also by virtue of limits for such existing licences (without any licence from the Trinity House in that which they are behalf) be authorized to pilot the like vessels down the said rivers Thames 1
* now licensed. and Medway, or from those rivers to the Downs or Dungeness, or from the west end of the Owers to the south buoy of the Brake, within the limits within which such existing licences authorize them to act in piloting such vessels from the Downs to the said rivers, and up the same, or from the south buoy of the Brake to the west end of the Owers; and it shall be lawful for the Trinity House by a supplemental licence to authorize any such Cinque Port pilot to pilot any vessels in any parts of the rivers Thames and Medway, or in any of the seas or channels leading to or from such rivers to which his existing licence may not extend, after examination in respect of the further limits within which he is to be so licensed to act, and upon the payment of such fee, if any, as the said Trinity House may, with the consent of the Board of Trade, appoint for the purpose; and such supplemental licence shall be taken to be part of and to be held upon the same conditions and subject to the same regulations in all respects as such existing licence (c).
(6) The words printed in italics in & 39 Vict. c. 66 (The Statute Law this section have been repealed by 38 Revision Act, 1875).