STATUTES. The Merchant Shipping Act, 1854, provided, by sect. 331, that all pilotage authorities should retain all powers and jurisdiction which they then lawfully possessed, so far as the same were consistent with the provisions of that Statute. The earlier Acts relating to pilotage were at that time in force (although they were subsequently repealed by the Merchant Shipping Repeal Act, 1854), so that it is necessary still to refer for some purposes to the earlier repealed Statutes. (See the text, Chapter V.) For this reason such of the provisions of the 6 Geo. 4, c. 125, as are likely to be useful are retained here. 6 GEO. 4, c. 125. An Act for the Amendment of the Law respecting Pilots and Pilotage; 1. Recites and repeals 52 Geo. 3, c. 39; 55 Geo. 3, c. 87, and all provisions in other acts relating to pilots and pilotage, repealed. The corpora- 2. And be it further enacted, That from and after the passing of this act it shall be lawful for the said corporation of Trinity House of Deptford Strond, and they are hereby required, after due examination, to appoint and license, under their common seal, fit and competent persons duly skilled to act as pilots for the purpose of conducting all ships and vessels sailing, license pilots navigating and passing as well up and down or upon the rivers of Thames to act within and Medway, and all and every the several channels, creeks and docks certain limits. thereof or therein, or leading or adjoining thereto, between Orfordness and London Bridge, as also 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; and all ships and vessels sailing, navigating and passing as aforesaid (save and except as hereinafter provided) shall be conducted and piloted, within the limits aforesaid, by such pilots so to be appointed and licensed, and by no other pilots or persons whomsoever: more than 3. And be it further enacted, That no person shall be licensed by the No person shall said corporation of Trinity House of Deptford Strond as a pilot who shall be licensed by not have served as mate for three years on board of or who shall not have the corporation been for one year in the actual command of a square-rigged vessel of not except as herein speciless than eighty tons register tonnage as to licences for the North Channel fied, nor take upwards, and not less than one hundred and fifty tons register tonnage as charge of a to licences for the North Channel, Queen's Channel, South Channel, or ship drawing other channels downwards, or who shall not have been employed in the pilotage or buoyage service of the said corporation of Trinity House for seven years, or who shall not have served an apprenticeship of five years to some pilot vessel licensed under the said act passed in the fifty-second year of the reign of his said late Majesty, or under this act; and that no person so licensed shall take charge as a pilot of any ship or vessel drawing more than fourteen feet water in the rivers Thames or Medway, 4 B APPDX. 14 feet water until he shall have acted three years, and have been then examined and again approved. Penalty as well by person acting as by the person in command permitting him. The corporation of Trinity House shall appoint subcommissioners to examine pilots at the requisite ports, and on their certificate of qualification may grant licences. The Trinity may appoint sub-commis sioners. or any of the channels leading thereto or therefrom, until such person shall have acted as a licensed pilot for three years, and shall have been after such three years, on re-examination, approved of in that behalf by the said corporation of Trinity House, on pain of forfeiting ten pounds for every such offence, as well by the person acting as such pilot, as also by the master or other person having the command of such ship or vessel, who shall permit any such person to take charge as a pilot of the same, contrary to the provision aforesaid. 4. Requires pilots to pay annually 31. 38., and 6d. in the pound on their earnings, to the Trinity House, to be applied to the purposes of the Pilots' Fund. 5. And be it further enacted, That it shall be lawful for the said corporation of Trinity House of Deptford Strond and they are hereby required, to appoint from time to time (as often and for such periods as they in their discretion shall think fit) proper and competent persons at such ports or places in England as they may think requisite (except within the liberty of the Cinque Ports, and all such other ports and places within or for which particular provision shall have been made by any act or acts of Parliament, or by any charter or charters for the appointment of pilots), not to exceed five nor less than three persons at each port or place for which any such appointment shall be made, which persons so to be appointed shall be called Sub-Commissioners of Pilotage, and shall take the oath in the schedule hereunto annexed marked (C.), for the faithful discharge of their duty; and such persons so to be appointed shall examine and they are hereby authorized (so long as their respective deputations or appointments shall not be revoked, or superseded by the appointment of other persons in their places), to examine into the qualification of persons to act as pilots for such respective ports and places and the adjoining coasts specified in their respective deputations or appointments as aforesaid; and it shall be lawful for the said corporation, upon their receiving a satisfactory certificate under the hands of any three of the person so to be appointed, where the whole number at any port or place shall consist of four or five, and of any two where the whole number shall consist of three, that the person examined as aforesaid is duly qualified to act for such port or ports and the adjoining coasts, to give a licence to such person to act as a pilot within the particular limits (describing the same) for which he shall have passed such examination. 6. Provided always, and be it further enacted, That it shall be lawful Houses of Hull for the corporations of the Trinity Houses of the ports of Hull and Newand Newcastle castle respectively to appoint sub-commissioners of pilotage to examine pilots, and give licences for them to pilot ships and vessels into or out of any ports, harbours or places within the limits of their respective jurisdictions, anything in this act contained to the contrary notwithstanding: Provided always, that such sub-commissioners as have been already sioners already appointed, either by the said corporation of Trinity House of Deptford appointed shall Strond, or by the said corporations of the Trinity Houses of the ports of Hull and Newcastle (a) respectively, under the authority of any act or acts of Parliament heretofore passed shall continue to act in the same manner as if they were appointed under this act. Sub-commis continue to act. 7. And be it further enacted, That when and as soon as the said corporation of Trinity House of Deptford Strond shall have licensed pilots for any particular port or ports, and the respective coasts near the same (a) A large part of the jurisdiction in pilotage matters of the Trinity House of Newcastle-upon-Tyne, is now vested in the Tyne Pilotage Commissioners, 28 Vict. c. 44, s. 11. Strond to be as aforesaid, they shall cause notice of such licences to be published by corporation of fixing up such notice in writing at the Trinity House and at the Custom Trinity House House in London, and also at the respective custom houses of the ports of Deptford for which, and for the coasts near the same, such licences shall be granted, fixed up at the and shall also afterwards cause such notice to be published in the London Trinity House, Gazette, and in one or more of the newspapers circulated in that part of &c., after the country where the ports shall respectively be situated, which publi- which no other cation in the London Gazette shall be good and sufficient evidence of such pilot or person notice having been given; and from and after a time or times to be limited shall act. in the said notice, which shall not in any case, or in relation to any ships or vessels whatever, be less than six weeks from the publication thereof as aforesaid, and shall be proportionably more, at the discretion of the said corporation, in relation to ships and vessels engaged in foreign Voyages at the time of such publication, all ships and vessels sailing, navigating or passing into or out of the said respective ports, or upon the coast thereof (save and except as hereinafter mentioned), shall be conducted and piloted by such pilots only as shall be so licensed as aforesaid, and by no other pilots or persons whomsoever. 8. And be it further enacted, That it shall be lawful for the said cor- Trinity House poration of Trinity House of Deptford Strond, and they are hereby autho- shall establish rized and required to establish, vary and alter from time to time, as cir- rates for pilotcumstances shall render the same necessary, rates of pilotage, in relation age performed by pilots to all pilotage performed in any river, port or place, or upon any coast licensed on whatever, by any pilot or pilots already licensed, or who shall be licensed certificates. by the said corporation, upon their receiving certificates of examination from sub-commissioners of pilotage as aforesaid, which rates shall be regulated by and proportioned as well to the size and draught of water of the vessels, as to the distance piloted, the detention and responsibility of the pilot, and such other circumstances as the said corporation may think fit to take into consideration in fixing and establishing such rates; of which establishment or alteration of rates of pilotage notice shall be given, by hanging up printed tables thereof, corrected from time to time as variations therein shall be made, at the several custom houses at the ports to which the said rates shall apply; and no greater or less rates, or of the respecother reward or emolument for such pilotage, shall under any pretence tive ports, and whatever be demanded, solicited, received, paid or offered, on pain of no greater or forfeiting ten pounds for every such offence, as well by the person de- less rates shall manding, soliciting or receiving, as by the person paying or offering such be received or paid. greater or less rates, reward or emolument; provided that ships returning by distress of weather, contrary winds or on account of accident, into ports in the districts of the Isle of Wight, Plymouth and Falmouth, shall be subject to pay one-half of the common pilotage in the said ports. of which rates tables shall be hung up at the Custom Houses 9. Provided always, and be it further enacted, That if the major part Majority of in number of the pilots who shall be licensed by the said corporation of pilots, or any Trinity House of Deptford Strond for any particular port or place, in con- shipowner, sequence of their receiving certificates of examinations as aforesaid, shall fied with the being dissatisbe dissatisfied with the rates so established or altered for such port rates, may or place, or in case any owner of any ship or vessel interested in any such appeal to Privy rates shall be dissatisfied therewith, it shall be lawful for such parties Council. respectively to appeal to his Majesty, his heirs and successors, in his or their most honourable Privy Council, and for any committee of such Privy Council, calling to their assistance any such persons as they may think fit, to hear and determine the matter of such appeal or appeals, and to settle, alter and regulate such rates as to them shall appear to be expedient, in case the matter of such appeal shall, in the discretion of the said Privy Council or committee thereof, appear to require the making of any order therein. 10. And be it further enacted, That all and every the licences to be Licences to be granted for one year and renewable. Corporation of Trinity House may make byelaws and annex penalties for breach of them. Masters of ships from the westward not having a pilot shall display a signal for one, and facilitate his getting on board. granted under the authority of this act by the said corporation of Trinity House of Deptford Strond shall be granted in the first instance up to and until the thirty-first day of January next ensuing the date thereof, and no longer; and that the same licences, and also all and every the licences heretofore granted by the said corporation of Trinity House of Deptford Strond, and which shall be in force at the time of the passing of this act, shall and may be renewed and confirmed from year to year, up to and until the thirty-first day of January in every year, and no longer, at the discretion of the said corporation, such renewal and confirmation to be by indorsement on such licences respectively, signed by the secretary to the said corporation for the time being, or by such other person or persons as shall or may be thereunto authorized by the said corporation. 11. And be it further enacted, That all persons licensed to act as pilots, or in pilot vessels, by the said corporation of Trinity House of Deptford Strond, by virtue of this act, shall from time to time and at all times hereafter be subject to the regulations and government of the said corporation, who are hereby authorized and empowered, as well for ensuring the good conduct and constant attendance of such pilots upon their duty as for enforcing the general purposes of this act, from time to time to make and frame all such bye-laws, rules, orders, regulations, and ordinances as they shall think fit, therein specifying and directing also what annual or other sums shall be paid by any such pilots to the sub-commissioners of pilotage for the examination of such pilots, and for granting and renewing or confirming their licences from time to time; and it shall be lawful for the said corporation respectively to annex such reasonable penalties and forfeitures for the breach of such bye-laws, rules, orders, regulations, and ordinances, when made, as to them shall seem expedient in that behalf, and from time to time to annul, alter, and amend all or any of the existing bye-laws, rules, orders, regulations, and ordinances, and to make such other and new bye-laws, rules, orders, regulations, and ordinances as they shall think proper, so as such bye-laws, rules, orders, regulations, and ordinances be made conformable to the true intent and meaning of this act, and shall not be repugnant to the laws of this realm (b): 19. And be it further enacted, That the master or other person having the command of any ship or vessel coming from the westward, and bound to any place in the rivers of Thames or Medway, not having a duly qualified Cinque Port pilot on board, shall, on the arrival of such ship or vessel off Dungeness, and until she shall have passed the south buoy of the Brake, or a line to be drawn from Sandown Castle to the said buoy, or have been at anchor for one hour, as hereinafter mentioned, display and keep flying the usual signal for a pilot to come on board; and if any duly qualified Cinque Port pilot shall be within hail or approaching and within half a mile, with the proper distinguishing flag flying in his vessel or boat, the master or other person having the command of such ship or vessel shall, by heaving to in proper time or shortening sail, or by all practicable means consistently with the safety of the ship or vessel, facilitate such pilot getting on board, and shall give the charge of piloting his ship or vessel to such Cinque Port pilot; and every person commanding any such ship or vessel who shall not display and keep flying the usual signal for a pilot to come on board, from the time such ship or vessel shall have arrived off Dungeness, and until she shall have passed the south buoy of the Brake, in a line to be drawn from Sandown Castle to the said buoy (unless in the meantime a duly qualified Cinque Port pilot shall have come on board), or (b) See 16 & 17 Vict. c. 129, s. 23, repealing the rest of the section as to the confirmation of these bye-laws by the Chief Justice of the Queen's Bench or Common Pleas. who shall within the limits aforesaid decline to take on board the first duly qualified Cinque Port pilot who shall offer, or to give charge of his ship or vessel to such duly qualified Cinque Port pilot, or who shall not heave to, shorten sail or otherwise consistently with the safety of the ship or vessel facilitate such pilots coming on board as aforesaid, shall forfeit and pay double the amount of the sum which would have been demanded for the pilotage of such ship or vessel: Provided always, that if any ship or vessel Penalty. coming from the westward, and bound to any place in the rivers Thames Ships anchoror Medway shall anchor anywhere in the Downs between the South Fore- ing within cerland and a line drawn from Sandown Castle to the south buoy of the Brake, tain limits, not having a having any licensed pilot other than a duly qualified Cinque Port pilot on Cinque Port board, it shall not be necessary for the master of such ship or vessel to pilot, shall display or keep flying the usual signal for a pilot to come on board thereof, display a any longer than for and during one hour next after such ship or vessel shall so have anchored as aforesaid; and it shall be lawful for any duly qualified Cinque Port pilot, at any time before such ship or vessel shall have been at anchor one hour with such signal flying as aforesaid, to repair on board the same, and to take charge of her up the said rivers, but not otherwise. 26. Provides that rates may be varied by the corporation of Trinity House and Lord Warden of the Cinque Ports respectively, with the consent of the Privy Council. 27. Provides that persons applying for licences shall execute a bond for securing obedience to bye-laws. 28. Bye-laws, &c. under former act to remain valid, unless altered by this act. 29. Licences may be revoked, annulled or suspended. 30. Pilots so suspended, &c. and persons complaining against them, may appeal to the Privy Council. 31. Empowers the Trinity House and other societies to license vessels for the purpose of having pilots constantly in attendance in them at sea. 32. Directs how pilot boats are to be distinguished, and renders liable to a penalty persons concealing marks.—Pilots carried off in any other boat are to display a flag. 33. Imposes a penalty for carrying distinguishing flag without having a pilot on board. 34. Directs that a boat running before a vessel not having a pilot, and which cannot be boarded, shall be entitled to pilotage. 35. Requires that the names, &c. of pilots appointed shall be transmitted to the Trinity House, and a list of all pilots annually to the Trinity House and Custom House. 36. Directs that the commissioners of customs shall transmit to their principal officers at ports in England the names, &c. of pilots residing within the limits of each port. 37. Directs that lists of vessels employed for pilotage, with the number of hands, shall be annually transmitted to the receiver of six-penny duty in the port of London. signal, and Cinque Port pilots may within an hour repair on board, and take charge. |