Page images
PDF

take any such Cinque Port Pilot on board, or to give such Charge of his Ship or Vessel to such Pilot, or who (hall not heave to, or otherwise facilitate such Pilot coming on board as aforesaid, (hall be subject to the Penalties by this Act imposed for neglecting or declining to take on board a Pilot, and for navigating his Vessel without a Pilot, contrary to the Provisions of this Act: Provided always, that if any Ship or Vessel bound to the Rivers Thames or Mediuay, shall anchor any where in the Downs between the South Foreland and a Line drawn from Sandoivn Castle and the South Buoy of the Brake, having any licensed Pilot other than a Cinque Port Pilot on board, it shall be lawful for a Cinque Port Pilot to repair on board the same, at any Time before such Ship or Vessel (hall have been at an Anchor One Hour, with the Signal for a Pilot flying, and to take Charge of her up the said Rivers, but not otherwise.

XII. * And whereas, great Convenience to Trad? will arise by * putting an End to the present prevailing Usage of Cinque Port 'Pilots quitting Ships or Vessels at Grave/end, or elsewhere in the 'Thames or Medway, at their Discretionbe it therefore enacted, That from and after the Expiration of Twelve Months next after the passing of this Act, if any Cinque Port Pilot, taking Charge of any Ship or Vessel into the Thames or Mediuay, (hall quit such Ship or Vessel at Grave/end, or in any other Part of the Thames, or in any Part of the Mediuay, before such Ship or Vessel (hall have arrived at the Place to which such Ship or Vessel is bound in the said Rivera Thames or Mediuay respectively, without the Consent of the Captain or other Person having the Command thereof, unless some other duly qualified Pilot shall, with such Consent, come on board, and shall take the Charge and Conduct of such Ship or Vessel for the Residue of the Pilotage to be performed, every such Pilot shall forfeit for every such Offence all Pay or Reward to which he might be entitled for having conducted or piloted such Ship or Vessel into the Rivers Thames or Mediuay, and Ihall also be subject to such other Penalty or Punilhment as by virtue of any of the Provisions of this Act, or of the Rules and Regulations to be established in pursuance hereof, any Pilot shall be liable to for quitting a Ship or Vessel before she shall arrive at her Place of Destination:

XIII. And be it further enacted, That the Lord Warden of the Cinque Ports for the Time being, or his Deputy, with the Assent of the Commissioners of Loadmanage, and of the Masters and Wardens of the Society or Fellowship of Pilots of Dover, Deal, and the Ifle of Thanet, or the major Part of them, at an Assembly commonly called A Court of Loadmanage, to be held by the said Lord Warden or his Deputy, 'shall, within Four Calendar Months after the palling of this Act, proceed to make and (hall make sufficient Rules and Orders for enforcing the due Observance of the Provisions of this Act by all Cinque Port Pilots, and for providing for the good Government and Regulation of all such Pilots, as well relating to the Services of the said Pilots in going off to and taking Charge of and conducting and navigating His Majesty's Ships and Vessels, and the Ships and Vessels in His Majesty's Employ, and also all Ships and Vessels whatever and wheresoever, within the proper and usual Limits of such Pilots, or wherein they (hall for the Time being act or be, and for effectually securing the Performance of all the Duties and Services of such Pilots at all Time6 j which Rule3 and Regulations when so made

6 shall

Cinque Pf»t Piluts may repair ou board Ships at anchor within certain Distances, not having such Pilot uu boarJ.

Penalties on Cinque Port Pilots quitting Ships before Arrival at Plica of Destination in 'litanies or Medway, without Consent of the Master.

Ata Court of Loadmanage, Rules (hall be. made for enforcing the Observance of this Act, &c. by Cinque Port Pilots.

[merged small][merged small][merged small][ocr errors]

{hall be forthwith printed and transmitted to the Custom House in JLondon, that the same may be seen by all Persons interested therein; and Copies thereof shall be delivered to every Member of the laid Society, and also to every new Member of the said Soc'ety on his Election i and a Copy or Extract thereof mall be annexed to or indorsed upon the Licence or Warrant of every Pilot belonging to the Cinque Ports, as well those already admitted and licensed as all others hereafter to be licensed as such Pilots; and it shall be lawful in such Rules and Regulations to establish Penalties and Forfeitures for the enforcing such Rules and Regulations and better ordering of the said Pilots, and for suspending or depriving any of the said Pilots for breaking such Rules or Orders, or omitting to do any Thing required by the fame to be dono, or for acting in anywise contrary to such Rules or Orders.

XIV. Provided always, and be it further enacted, That if such Rules and Regulations in relation to Cinque Port Pilots shall not be made and transmitted as aforesaid, within Four Calendar Month3 after the passing of this Act, or if such Rules and Regulations, when made and transmitted, shall appear to be in any material Point erroneous, insufficient, or defective, it (hall be lawful for any Owner of Ships, or other Persons interested in the Matter of such Rules or Regulations, to apply to His Majesty's Most Honourable Privy Council, who shall thereupon cause proper and sufficient Rules and Regulations to be drawn up for the Purposes aforesaid, in case no such Rules and Regulations shall have been made and transmitted as aforesaid, or shall amend, correct, or enlarge any such Rules and Regulations as shall have been made and transmitted; which Rules and Regulations so made or so amended, corrected and enlarged, shall be distributed, published, and made use of in such Manner as His Majesty's said Privy Council (hall in that Behalf appoint and direct, and the same shall take Effect from such Time as in the said Rules or Regulations shall be expressed in regard to the Commencement thereof.

XV. * And whereas under the Provisions of an Act passed in the « Third Year of His late Majesty King George the First, The Num

• ber of Pilots of the Cinque Ports was to be One hundred and twenty

• at the least, and it has been found by Experience, that the said Num

• ber is inadequate to the increased Trade and Navigation of this

• Kingdom;' be it therefore enacted, That within Four Mouths after the passing of this Act, the Number of Cinque Port Pilots shall be increased to One hundred and forty at the least; to which Number of One hundred and forty, Twenty more shall be added, whenever such further Addition shall be directed to b.e made by an Order of His Majesty's Privy Council, upon Application made to His Majesty in Council for that Purpose by the Corporation of Trinity House of Deptford Strond; and that a further Addition of Twenty Cinque Port Pilots shall be made to the Number above-mentioned, increasing the whole Number to One hundred and eight--, by the like Authority, whenever such last-mentioned Addition shall be applied for by the Corporation of the Trinity House of Deptford Strond to His Majesty in Council.

XVI. And be it further enacted, That whenever the increased Numbers of the said Pilots (hall respectively take place as herein-before provided, the Numbers so increased shall from thenceforth be kept up from Time to Time by {he Appointment of Pilots in Sucqeffioni

al,

as often as any Vacancy or Vacancies (hall happen by Death, Incapacity, or Dismission ; provided that after the Conclusion of a Definitive Treaty of Peace with France, no Vacancy (hall be filled up as aforesaid, without a special Permission in that Behalf given by His Majesty's Privy Council, upon the Recommendation of the said Corporation of Trinity House, unk-ss the Number of Pilots (hall at any Time by Death or otherwise be reduced below One hundred and forty, in which Case the Vacancies (hall be silled up from thenceforth from Time to Time, so as not to exceed One hundred and forty i.i the Whole.

XVII. 'And whereas certain Harbours near the Downs have be

• come much frequented as Places of Safety, and Ships and Vesiels

• lying in or sailing through the Downs are oftentimes compelled to

• run for those Harbours, and it is therefore necessary to make Pro

• vision for the Pilotage of such Harbours;' be it therefore enacted, That all Pilots, whole Licences or Warrants shall authorize them to pilot Ships or Vessels from any Place to the Westward up to London Bridge, (hall qualify themselves, and shall be examined as to their Qualification and Ability to conduct auy Ship or Vessel into and out of Ram/gate Harbour, and the Harbours of Dover, Sandwich, and Margate, and (hall be obliged to pilot any Ships or Vessels into and out of the said Harbours; and if any such Pilot (hall refuse to take charge of or conduct any Ship or Vessel into or out of any of the said Harbours, such Pilot (hall forfeit all Pay ar.d Reward to which he might otherwise be entitled for the Pilotage of any such Ship or Vessel, and shall be subject to such Fine or other Punishment as (hall be established in that Behalf by the Rules and Regulations of the Corporation or Society to which such Pilot shall belong.

XVIII. Provided always, and be it further enacted, That every licensed Pilot who (hall take charge of and conduct any Ship or Vesfel into or out of Ram/gate Harbour, or into or out of Dover, Sandwich, or Margate, (hall be entitled to and (hall receive for such Pilotage at and after the Rate of Five Shillings for every Foot of the Draught of Water of the Ship or Vessel so piloted and conducted by him into or out of any such Harbour, if such Ship or Vessel (hall have been so piloted and conducted into or out of the same in moderate Weather; but if underany Circumstances of Distress, then such Pilot (hall be entitled to such further Sum of Money, to be calculated according to the Extent and Circumstances of such Distress, as the Commissioners of Salvage established under the Lord Warden of the Cinque Ports (hall upon Application either of the Pilot, or Owner, or Master of any such Ship or Vessel, upon enquiring into all such Circumstances direct; and such Commissioners (hall and they are hereby required upon any such Application made, to enquire into all such Circumstances, and to determine the Amount of the Sum so to be paid for the Pilotage of any such Ship or Vessel into the said Harbours respectively, without any Fee or Reward for so doing.

XIX. Provided always, That on the Arrival of any Ship ov Vessel, and as soon as (he shall be moored in any of the said Harbours, it (hall be lawful for the Pilot to demand the Pilotage due to him as aforesaid, and to quit the Ship forthwith.

XX. And be it further enacted, That it (hall be lawful for the said Corporation of Trinity House of Deptford Strond, aud they are hereby required to appoint from Time to i'ime (as often and fur

such

[merged small][ocr errors][merged small][merged small][merged small]
[merged small][ocr errors][merged small][merged small]

such Periods as they in their Discretion shall think sit) 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 Provision shall have been made by any Actor 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 (hall be called Sub-Commissioners of Pilotage, and shall take the Oath in the Schedule hereunto annexed marked (D.) for the faithful Discharge of their Duty, and such Persons 10 to be appointed (hall and they are hereby authorized (so long as their respective 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 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 Persons so to be appointed, where the whole Number for any Port or Place shall consist of Four or Five, and by 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, which Licence (hal be granted in the first Instance for One Year, and (hall afterwards from Year to Year be subject to Renewal and Confirmation, or otherwise, at the Discretion of the (aid Corporation of Trinity House.

XXI. Provided always, and be it further enacted, that nothing in this Act contained (hall be construed to prevent any Ship or Vessel which (hall be brought into any Port or Ports in England'by any Pilot duly licensed, from being afterwards removed in such Port or Ports by the Master or Mate thereof, or other Person having the Command, tor the Purpose of entering into or going out of any Dock, or for changing the Moorings of such Ship or Vessel.

XXII. And be it further enacted, That when and as soon as the said Corporation of Trinity House of Deptsord Strond shall have licensed Pilots for any particular Port or Ports, and the respective Coasts near the fame as aforesaid, they (hall cause Notice of such Appointment to be published, by fixing up such Notice in Writing at the Trinity House, and at the Custom House in London, and also at the respective Custom Houses of the Ports for which and for the Coasts near the fame such Appointment shall be made, and (hall also afterwards cause such Notice to be published in the London Gazettr, and in one or more Newspapers circulated in that Part of the Country where the Ports (hall respectively be situated, which Publication in the London Gazette (hall be good and sufficient Evidence of the Notice having been given; and from and after a Time or Times to be limited in the said Notices, 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 iuto or out

•f of the said respective Ports or upon the Coast? thereof, shall be conducted and piloted by such Pilots only as (hall be so licensed as aforesaid, and by no other Pilots whomsoever.

XXIII. And be it further enacted, That if any Person suspended or deprived of his Licence as a Pilot, shall, during the Time of such Suspension, or after such Deprivation, take upon himself to conduct any Ship or Vessel except in Cases of Distress, and in Cafes where no licensed Pilots can be found, such Person shall be liable to all such Penalties, to be recovered and applied in like Manner and Form as are provided by this Act, against any Person who shall conduct or pilot any Ship or Vessel without ever having been licensed to act as a Pilot.

XXIV. Provided always, and be it further enacted, That every Pilot who shall be suspended or adjudged to have forfeited his Licence, and every Person, who having complained of any such Pilot, shall be dissatistied with the Adjudication made upon the Matter of such Complaint, by the Corporation, Society, or Persons who shall have Cognizance of such Complaint, msy appeal to His Majesty's Privy Council, who shall thereupon hear the Appeal, and confirm or annul any former Determination or Adjudication in the Premises, or, at their Discretion, make any particular and special Order relating thereto, and to the Matter of such Appeal, as the Cafe may require.

XXV. Provided always, and be it further enacted, That no Owner or Master of any Ship or Vessel shall be answerable for any Loss or Damage, nor shall any Owner or Owners of any Ship or Vessel or Consignee of Goods, be prevented from recovering any Loss or Damage, upon any Contract of Insurance of the same, or upon any other Contract relating to any Ship or Vessel, or any Cargo on board the same, by reason of 110 Pilot being on board of any such Ship or Vessel, (unless it (hall be proved that the Want of a Pilot (hall have arisen from any Refusal to take a Pilot on board,' or from the Negligence of the Master of the Ship or Vessel, in not heaving to for the Purpose us taking on board any Pdot, who shall be ready, and

. offer to take Charge of such Ship or Vessel.)

XXVI. Provided always, and b?. it further enacted, That nothing in this Act contained shall extend or be conltrued to extend to any Ships or Vessels belonging lo His Majesty, His Heirs and Successors.

XXVII. Provided always, and be it further enacted, That none of the Clauses, Provisoes, Penalties or Regulations of this Act, shall extend or be construed to extend to any Vessel not exceeding the Burthen of Sixty Tons, having British Registers, nor to any Master or Owner of any such Vessel in respect thereof, or of the navigating of the same iu any Channel, River, Port, or Place whatever.

XXVIII. And be it further enacted, That nothing in this Act contained shall be construed to extend to deprive any Persons of any Remedy by Civil Action against Pilots or other Persons, which they might have had if this Act had not been passed.

XXIX. And be it further enacted, That nothing in this Act (hall extend, or be construed to extend or to give any Authority to the Corporation of the Trinity House of Bedford Strond, within any Ports or Districts having separate Jurisdiction in Matters of Pilotage under any Act of Parliament or Charter, or to alter or rencal any

Provision*

Pilo's susrerde.1 or depriv-d, liable tj Penalties a» unlicensed Persons.

Pilots suspended &c. may appeal to I'rivj Council.

Owners, &c. not answerable for Loss, through want of Pilot; unless in case of Neylect.

Exception of
Shtps of War.

Vessels not exceeding 60 Tons.

Remedy by Civil
Action reserved.

Trinity House Deptl'ord, shall not act within any Districts having separata Jurisdiction.

« PreviousContinue »