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any Ship or Vessel when it shall be safe so to do; or who shall exact or demand, or bargain for any greater Fee or Reward, or any greater Price or Hire for Pilotage than as are or shall be allowed by such Rates or Rules as are or shall hereafter be legally established in that Behalf; or who shall in anywise delay going on board any such Ship or Vessel, or taking Charge thereof when on board or alongside thereof, or who shall quit any such Ship or Vessel, or decline the piloting thereof aster he haa been engaged or after going alongside thereof, without Leave of the Owner, Master, Captain, «r Person having the chief Command of such Ship or Vessel, or before the Service shall have been performed for which he was hired, or shall by Drunkenness render himself incapable of conducting such Ship or Vessel, or shall negligently or wilfully run such Vessel on Shore, or lose the same, or do any Injury to the same or to the Tackle or Furniture thereof, or who shall lend his Licence to any unlicensed Person, to enable or assist him towards acting or claiming to act as a licensed Pilot, 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 or suspended from acting as a Piiot, at the Discretion of the said Corporation of Trinity House of Deplsord Strond, or at the Discretion of such other Corporate Body, or Person or Persons by whom such Pilot was licensed.
XLVsll. And be it further enacted, That in case any Pilot licensed by virtue of this Act shall employ or makp use of, or shall rompelor require any Person having the Command or Charge of any Ship or Vessel, to employ or make use of any Boat, Anchor, Cable, Hawser, or any other Matter or Thing in or for the Service or pretended Service of such Ship or Vessel, beyond what shall actually and bond Jide be necessary and proper for the Use thereof, with Intent thereby to enhance or increase the Charge or Expence of Pilotage or Pilot Assistance of such Ship or Vessel, whether for «the Gain and Emolument of such Pilot, or for the Gain or 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 to be suspended from acting as a Pilot for a limited Time, at the Discretion of the said Corporation of Trinity House of Deplford Slrond, or other Authority by which he is or (hall be licensed. <
XLIX. And be it further enacted, That in case any Person licensed to act as a Pilot by virtue of this Act, or otherwise duly licensed, or any Person not being a Pilot, but acting under pretext or colour of Pilotage, shall wilfully and knowingly conduct, lead, decoy, or betray any Ship or Vessel into Danger in an.y Manner not already provided against by any Statute or Statutes; or shall unnecessarily rr improperly cut any Cable or Cables of or belonging to any r Vessel, or cause or procure the same to be cut unnecessarily ai.a improperly; or if any 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 os any 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 01 any such Offence or Offences, shall forfeit and pay a Sum not exceeding One hundred
Z 2 Pounds,
Pilot Boats '' running before Vessels not ■ having a Pilot entitled to Pilotage.
No Filot shall be taken to Sea without his Consent, except in case of Necessity, &c. His Pay.
Surplus Rates of Pilotage on Ships not having British Rejistcrs (hall he paid to Receivers, and madu a Fund for Relief of infirm Pilots, and an Account thereof shall be annually laid before Parlia
How Pilotage of
Pounds, nor less than Twenty Pounds ; and in cafe the Person so offending shall be a Pilot,he shall be either dismissed from being aPilot, or suspended from acting as such for a limited Period, at the Discretion of the Corporation or other Authority by whom such Pilot was licensed.
L.'And be it further enacted, That if any such licensed Pilot Vessel or Boat (hall run before any Ship or Vessel, not having a licensed Pilot on board, for the Purpose of directing the Course of such Ship or Vessel until a Pilot can be put on board, the Pilot on board such Pilot Vessel, or the Person having Charge of her, (hall be entitled to the full Pilotage for the Distance run, until a duly licensed Pilot (hall be put 011 board, as if such Person had been actually on board such Ship, and had the Charge of her as a Pilot.
LI. And be it further enacted.That no Pilot (hall be taken to Sea by the Commanding Officer of any of His Majesty's Ships, or by any Master of any Ship or Vessel in the Merchant Service, without his free Consent, except in case of absolute and unavoidable Necessity; and in such Case every Pilot so taken to Sea shall have and receive Ten Shillings and Sixpence per Diem, until he mall be returned to the Port or Place where he was taken on board, or until he (hall have been discharged from the Ship for a sufficient Time to have enabled him to return there.
JLII. 'And whereas it is expedient that the surplus Rates of 'Pilotage imposed by this Act on Ships not having British Regif'ters, should be applied for creating a Fnnd for such Pilots belonging 'to the Trinity House of Dcplford Strand, and of the Fellowship of • the Cinque Ports as shall be superannuated;' be it enacted, That all such Excess of Rates as aforesaid, which shall pertain to the Establishment of the Trinity House, shall be paid to a Receiver or Receivers, to be appointed in that Behalf by the said Corporation at some Place or Places convenient for the making of such Payment within the Port of London, and (hall be applied by the said Corporation in the Manner herein-after directed; and if such extra Rates of Pilotage shall pertain to the Establishment of the Cinque Ports, then the lame (hall be paid to a Receiver or Receivers, to be in that Behalf appointed by the Lord Warden and the Court of Loadmanage, at (ome convenient Place or Places for the Payment thereof within the said Port of London, and (hall be applied by the said Court in the Manner hereinafter in that Behalf directed; that is to fay, in both Cafes to create a Fund for the better Support and Maintenance of such Pilots as (hall become incapable of discharging their Duty from advanced Age, or from any Accident, or permanent Infirmity, to be applied and distributed in such Manner, and under such Rules and Regulations as the Corporation of the Trinity House of Deptsord Strond, and the Lord Warden and the Court of Loadmanage of the Cinque Ports (hall respectively order and provide, of which Receipts and Appropriations the said Corporations and Courts respectively shall annually lay an Account thereof before Parliament, within Ten Days after the Commencement of each Session.
LIII. And be it further enacted, That all Sums of Money which shall become due to any licensed Pilot for Pilotage, shall and may be recovered from the Owners or Masters of Ships or Vessels, or from the Consignees or Agents thereof, not being Foreign Ships or Vessels, who shall have paid or made themselves liable to pay any other
Charge Charge for the Ship or Vessel in the Port of her Delivery, and shall and may be levied in such and the like Manner according to the Amount of any.such Sums of Money respectively, as any Penalty or Penalties may be recovered and levied under and by virtue of this Act, Demand thereof being made in Writing at least Fourteen Days before such Levy.
LIV. And be it further enacted, That the Consignees, or Agents of all Foreign Ships and Vessels, who shall have paid or engaged to pay any Charge whatever in relation to such Ship or Vessel, Æiall be liable to the Payment of, and shall pay all Sums for Pilotage outwards, due to the Pilot or Pilots who shall have piloted such Ships or Vessels, on Proof being made within Fourteen Days after such Pilotage shall have been performed, on the Oath of such Pilot before any Justice of the Peace, that the same has not been paid by the Captain of such Ship or Vessel; and in such Case the Sums of Money so due for Pilotage shall be recoverable in like Manner as any Penalty under the Sum of Ten Pounds may be recovered by virtue of this Act.; and such Consignees or Agents of Foreign Ships or Vessels are hereby authorised and empowered to retain in their Hands respectively, out of any Monies which they may have received for or on account of such Foreign Ship or Vessel, or the Owner or Owners thereof, so much as shall be sufficient to pay and discharge such Pilotage outwards, and any Expences attending the fame.
LV. And be it further enacted, That the Master of every Ship or Vessel which shall be piloted or conducted by any other than a duly licensed Pilot, within any Limits for which Pilots have been or shall be appointed by any lawful Authority, shall forfeit Double the Amount of the Sum which would have been demandable for the Pilotage of such Ship or Vessel, together with Five Pounds for every Fifty Tons Burthen of such Ship or Vessel; Provided always, that nothing in this Act shall extend to subject to Penalties any Master of any Ship or Vessel who shall act himself as Pilot in passing up and down the English Channel, or elsewhere in passing by any Part of the Coast of England, in the Course of any Voyage, or within the Limits of the Port or Place to which his Ship belongs, not being a Port or Place in relation to which Provision hath heretofore been made by any Act or Acts of Parliament, or by any Charter or Charters for the Appointment of Pilots, or who (hall employ any Person as a Pilot, or who (hall act himself as such for the Conduct of his Ship or Vessel, in any Cafe where and so long as a duly qualified Pilot shall not offer Assistance or make a Signal for that Purpose: Provided also, that this Act (hall not extend or be construed to extend to hinder any Persons from assisting any Ship or Vessel in Distress at any Time or Place, nor shall subject such Persons, or any Master of any Ship or Vessel employing such Persons, to the Penalties of this Act, in respect of such Assistance given during the Distress of such Ship or Vessel, or in consequence thureof, or under any Circumstances which (hall have rendered it necessary for such Master to avail himself of the best Assistance which at the Time could be procured; any Thing herein contained to the contrary thereof in anywise notwithstanding,
LVI. And be it further enacted, That every Person having the Command or Charge for the Time being of any Ship or Vessel, who shall report, or be privy or consenting to any other Person's reporting to any Pilot taking the Charge of such Ship or Vessel, a false
Z 3 Account
How Pilotage of Foreign Shipn may be recovered.
Account of the Draught of Water of such Ship or Vessel, shall for.
LVII. * And, in order to prevent ot settle Controversies con'cerning the Draught of Water of Ships and Vessels which shall he 'from Time to Time in the River ,of Thames (not having British 'Registers),' be it enacted, That whenever any Difference about the Draught of Water of any Ship or Vessel shall arise between the Master or other Person having the Command of any such Ship or Vesr sel; and any Person who shall have piloted the same into the said River, or who shall be required to pilot the same therefrom, pursuant to the Directions of this Act, the said Corporation of Trinity House, or some proper Officer or Person appointed by them, shall admeasure the Draught of Water of such Ship or Vessel, and shall settle and determine the same between the Parties, upon Application made by either of them to the said Corporation within Twelve Hours after such Ship or Vessel shall have arrived at her Moorings in the River, or before the Cargo thereof shall be begun to be unladen, or before such Ship or Vessel shall quit her Moorings on any outward Voyage ; for which Admeasurement the Officer or Person making the same shall be paid Oi.e Guinea, if the Ship or Vessel shall be below or in the Pool, and Half a Guinea if above the Pool, by the Person requiring such Admeasurement, or making Application for the same to the sa;d Corporation. .
LVsll. A;rd be it further enacted, That every Master or other Ptrion having the Command for the Time being of any Ship or Vessel required to be piloted according to the Directions of this Act, shall, on coming into the Port of London, and in making the Entry or Report of his Ship or Vessel li z ards, insert or cause to be inserted in such Entry or Report the Nime of the Pilot or Pilots employed or engaged by him, or b) the Owner of'such Ship or Vessel to pilot the lame into the said Port of London, and which Insertion shall be made (without Fee or Reward) by the proper Officer of the Customs, in the said Entry or Report, who shall also report the same to the Corporation of the Trinity House monthly; and also that the Principal Searcher or Clearing Officer of the Customs at Grave/end shall demand and take the Name or Names of the Pilot or Pilots of all Ships or Vessels clearing outwards from the Port of London, and shall transmit monthly Lists of such Names to the said Corporation of the Trinity House, on pain of forfeiting a Sum not exceeding Five Pounds nor less than Forty Shillings, to be paid by every Person who shall neglect to comply with, the foregoing Regulations respectively.
LIX. And be it further enacted, That Lists of the Christian and Surnames, Ages, and Places of Residence, of all Pilots in England, shall, with the Dates of their Appointments, on or before the Thirtyfirst Day of December One thousand eight hundred and eight, be transmitted to the Corporation of Trinity House of Dcptford Strond, at their Court House in London, distinguishing the Limits within •which such Pilots are appointed to act respectively, and thenceforward from Time to Time as each Appointment of a Pilot shall take place; and also Duplicates of such Lists to the Commissioners of the Customs in England, annexing to the Lifts to be transmitted to the Trinity House the Rates of Pilotage, and also llatisig the Rules and Regulations made and established in relation to such Pilots, in cafe such Rules and Regulations (hall have been made bv any other Authority than by Act of Parliament, or by the said Corporation of Trinity House of Depiford Strond, and the same, when so completed, shall be transmitted as aforesaid by the respective Bodies Politick and Corporate, aud other Persons authorized to appoint Pilots in any of the Ports, Harbours, or Rivers, or on any of the Coasts of England, by whom such Pilots shall have been appointed respectively; and the said Politick Bodies and Corporate, and other Persons authorized to appoint Pilots as aforesaid, (hall and they are hereby required to transmit to the said Corporation of Trinity House, at their said Court House in London, annually on the Thirty-first Day of December, or within One Calendar Month afterwards, a List corrected up to the said Thirty-first Day of December annually, of the Names and Residence of the Pilots within their several Jurisdictions, ^ud stating such Alterations as may have been made (if any) in the Rules and Regulations for governing Pilots within the respective Districts.
LX. • And whereas by Two Acts pasted in the Forty-fifth and
* Forty-sixth Years of His present Majesty, for the more effectual 'Performance of Quarantine, Pilots are required, on going on board 'Ships arriving from Foreign Parts, in certain Cafes to give Infor'matron to the Commanders thereof respecting Proclamations and
* Orders in Council relative to the Performance of Quarantine, which « renders it necessary that Notice of such Proclamations and Orders,
* which may have been issued subsequent to the Departure from Eng'land of such Ships, should be previously communicated to all Pilots 'throughout England;' be it further enacted, That the said Commissioners of the Customs (hall, within One Munch, from the Thirtyfirst Day of December One thousand eight hundred and eie^ht, transmit to the principal Officers of the Revenue under their Management at the several Ports in England, the Names and Places of Residence of such Pilots in the Lists so transmitted to them as shall reside within the Limits of each Port respectively, aud so from thenceforward the Name of each Pilot of whose Nomination they shall receive Notice from the proper Authority, in order that the said principal Officers at the several Ports may be enabled to communicate to every Pilot within the Limits of the Ports respectively all Proclamations or Orders in Council respecting the Performance of Quarantine by Ships arriving from infected Places, which the said Officers are hereby required to do.
LXT. And be it further enacted, That all the Provisions, Clauses, Penalties, and Forfeitures, contained in an Act passed in the Eighth Year of the Reign of Queen Elizabeth, or any other Act or Acts made and in force for the Preservation of Beacons and Sea Marks, shall extend and be construed to extend to all Vessels duly appointed to exhibit Lights therein for the Preservation of Ships and Vessels Ut Sea, and to all Persons removing, injuring, or destroying such
Z 4 Vessel*.
45 0.3. c. 10. 40 Ci. 3. c. 9a.