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fioners of

Pilotage to éxamine Perfons to act as Pilots at the requifite Ports, and on Certificate of their being qualified may grant them Licencos.

Ships in Port

by the Mafter.

fuch Periods as they in their Difcretion fhall think fit) proper and competent Perfons at fuch Ports or Places in England as they may think requifite (except within the Liberty of the Cinque Ports, and all fuch other Ports and Places within or for which Provifion fhall 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 lefs than Three Perfons at each Port or Place for which any fuch Appointment fhall be made, which Perfons fo to be appointed shall be called Sub-Commiffioners of Pilotage, and fhall take the Oath in the Schedule hereunto annexed marked (D.) for the faithful Dif charge of their Duty, and fuch Perfons fo to be appointed shall and they are hereby authorized (fo long as their refpective Appointments fhall not be revoked or fuperfeded by the Appointment of other Per fons in their Places) to examine into the Qualification of Persons to act as Pilots for fuch refpective Ports and Places, and the adjoining Coafts fpecified in their refpective Appointments as aforefaid; and it fhall be lawful for the faid Corporation, upon their receiving a fa tisfactory Certificate under the Hands of any Three of the Perfons fo to be appointed, where the whole Number for any Port or Place fhall confift of Four or Five, and by any Two where the whole Number fhall confift of Three, that the Perfon examined as aforefaid is duly qualified to act for fuch Port or Ports and the adjoining Coafts, to give a Licence to fuch Perfon to act as a Pilot within the particular Limits (describing the fame) for which he shall have paffed fuch Examination, which Licence fhal be granted in the firft Inftance for One Year, and shall afterwards from Year to Year be fubject to Renewal and Confirmation, or otherwise, at the Difcretion of the said Corporation of Trinity House.

XXI. Provided always, and be it further enacted, that nothing in may be removed this Act contained fhall be conftrued to prevent any Ship or Veffel which fhall be brought into any Port or Ports in England by any Pilot duly licensed, from being afterwards removed in fuch Port or Ports by the Mafter or Mate thereof, or other Perfon having the Command, for the Purpose of entering into or going out of any Dock, or for changing the Moorings of fuch Ship or Veffel.

Notice of Appointment of Pilots at particular Port

fhall be fixed up at the Trinity House, &c. in a limited Time; after which no other Pilots fhall act.

XXII. And be it further enacted, That when and as foon as the faid Corporation of Trinity Houfe of Deptford Strond shall have licenfed Pilots for any particular Port or Ports, and the refpective Coafts near the fame as aforefaid, they fhall caufe Notice of fuch Appointment to be publifhed, by fixing up fuch Notice in Writing at the Trinity Houfe, and at the Cuftom Houfe in London, and alfo at the refpective Cuftom Houses of the Ports for which and for the Coafts near the fame fuch Appointment fhall be made, and fhall alfo afterwards caufe fuch Notice to be published in the London Gazette, and in one or more Newfpapers circulated in that Part of the Country where the Ports fhall refpectively be fituated, which Publication in the London Gazette fhall be good and fufficient Evidence of the No. tice having been given; and from and after a Time or Times to be limited in the faid Notices, which fhall not in any Cafe or in relation to any Ships or Veffels whatever, be less than Six Weeks from the Publication thereof as aforefaid, and fhall be proportionably more at the Discretion of the faid Corporation, in relation to Ships and Veffels engaged in Foreign Voyages at the Time of fuch Publication, all Ships and Veffels failing, navigating, or paffing into or out

of

of the faid refpective Ports or upon the Coafts thereof, fhall be conducted and piloted by fuch Pilots only as fhall be fo licenfed as aforefaid, and by no other Pilots whom foever.

Pilots fufperded or deprived, liable Penalties as

unlicenfed

Perfons.

XXIII. And be it further enacted, That if any Perfon fufpended or deprived of his Licence as a Pilot, fhall, during the Time of fuch Sufpenfion, or after fuch Deprivation, take upon himfelf to conduct any Ship or Veffel except in Cafes of Diftrefs, and in Cafes where no licenfed Pilots can be found, fuch Perfon fhall be liable to all fuch Penalties, to be recovered and applied in like Manner and Form as are provided by this Act, against any Perfon who fhall conduct or pilot any Ship or Veffel without ever having been licenfed to act as a Pilot. XXIV. Provided always, and be it further enacted, That every Pilots suspended Pilot who shall be fufpended or adjudged to have forfeited his Li- &c. may appeal cence, and every Perfon, who having complained of any fuch Pilot, to Privy Council. fhall be diffatisfied with the Adjudication made upon the Matter of fuch Complaint, by the Corporation, Society, or Perfons who fhall have Cognizance of fuch Complaint, may appeal to His Majesty's Privy Council, who fhall thereupon hear the Appeal, and confirm or annul any former Determination or Adjudication in the Premifes, or, at their Difcretion, make any particular and fpecial Order relating thereto, and to the Matter of fuch Appeal, as the Cafe may require.

XXV. Provided always, and be it further enacted, That no Owner or Master of any Ship or Veffel fhall be anfwerable for any Lofs or Damage, nor fhall any Owner or Owners of any Ship or Veffel or Confignee of Goods, be prevented from recovering any Lofs or Damage, upon any Contract of Iofurance of the fame, or upon any other Contract relating to any Ship or Veffel, or any Cargo on board the fame, by reafon of no Pilot being on board of any fuch Ship or Veffel, (unless it shall be proved that the Want of a Pilot fhall have arifen from any Refufal to take a Pilot on board, or from the Negligence of the Mafter of the Ship or Veffel, in not heaving to for the Purpose of taking on board any Pilot, who fhall be ready, and offer to take Charge of fuch Ship or Veffel.)

XXVI. Provided always, and be it further enacted, That nothing in this Act contained fhall extend or be conltrued to extend to any Ships or Veffels belonging to His Majelty, His Heirs and Succeffors.

XXVII. Provided always, and be it further enacted, That none of the Claufes, Provifoes, Penalties or Regulations of this Act, fhall extend or be construed to extend to any Veffel not exceeding the Burthen of Sixty Tons, having British Registers, nor to any Mafter or Owner of any fuch Veffel in refpect thereof, or of the navigating of the fame in any Channel, River, Port, or Place, whatever.

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

XXIX. And be it further enacted, That nothing in this Act fhall extend, or be conftrued to extend or to give any Authority to the Corporation of the Trinity Houfe of Deptford Strond, within any Ports or Districts having feparate Jurifdiction in Matters of Pilotage under any Act of Parliament or Charter, or to alter or repeal any

Provifions

Owners, &c. not anfwerable for Lofs, through want of Pilot; Neglect.

unlefs in cafe of

Exception of

Ships of War.

Veffels not exceeding 60 Tons.

Remedy by Civil

Action referved.

Trinity House Deptford, fhall not act within having feparate Jurifdiction.

any

Districts

Mafter, &c. of fhips, refiding at Dover, &c. may pilot their own Ships.

Licenfed Pilots may fuperfede unlicenfed. Penalty on Mafters conti

Provifions contained in any Act or Acts of Parliament relating to the Pilots of any Ports or Diftricts, in relation to which Provisions shall have been made in any Act or Acts of Parliament as to Pilots or Pilotage, or the Pilotage within the Limits prescribed by any Act or Acts of Parliament relating to Pilotage, for such Ports, other than and except as herein particularly provided.

XXX. Provided always, and be it further enacted, That nothing in this Act contained fhall extend to prevent or hinder the Master or Mate of any Ship or Veffel, or Owner or Part Owner, refiding at Dover, Deal, or the Isle of Thanet from conducting or piloting his own Ship or Veffel up or down the Rivers Thames or Medway, or into or out of any Port or Place within the Jurifdiction of the Cinque Ports. XXXI. Provided alfo, and be it further enacted, That it fhall be lawful for any licensed Pilot to fuperfede any Perfon not licensed as a Pilot, in the Charge of any Ship or Veffel within the Limits of his Licence; and every Master of any Ship or Veffel who fhall continue nuing unlicensed any unlicensed Perfon, or any licensed Perfon acting out of the Limits for which he is qualified as a Pilot, after any Pilot licensed to act within the Limits in which fuch Ship or Veffel fhall then actually be, fhall have offered to take Charge of the Ship or Veffel, and every Perfon affuming or continuing in the Charge or Conduct of any Ship or Veffel without being duly licensed to act within the Limits in which fuch Ship or Veffel fhall actually be, after any Pilot duly licensed and qualified to act in the Premises fhall have offered to take charge of fuch Ship or Veffel, fhall refpectively forfeit for every fuch Offence a Sum not exceeding Fifty Pounds nor lefs than Twenty Pounds.

Filots, &c. 50l. to 201.

Trinity Houfe
Deptford fhall

eftablish Rates of
Pilotage, which

fhall be hung up

Cuftom Houfes.

XXXII. And be it further enacted, That it shall be lawful for the Corporation of Trinity House of Deptford Strond, and they are hereby authorized and required to eftablish, vary and alter, from Time to Time, as Circumftances fhall render the fame neceffary, regular Rates at the refpective of Pilotage, in relation to all Pilotage performed in any River, Port, or Place, or upon any Coaft whatever, by any Pilot or Pilots who fhall be licensed by the faid Corporation, upon their receiving Certificates of Examination from any Sub-Commiffioners of Pilotage hereby directed to be appointed; which Rate fhall be regulated by and proportioned as well to the Size and Draught of Water of the Veffels as to the Distance piloted, the Detention and Refponfibility of the Pilot, and fuch other Circumftances as the faid Corporation may think fit to take into Confideration in fixing and establishing fuch Rates, of which Establishment or Alterations of Rates of Pilotage Notice fhall be given by hanging up printed Tables thereof, corrected from Time to Time as Variations therein shall be made, at the feveral Custom Houses at the Ports to which the faid Rates fhall apply.

Majority of
Pilots or Owners

may appeal
againit Rates 10
the Privy Council.

XXXIII. Provided always, and be it further enacted, That if the major Part in Number of the Pilots who fhall be licensed by the said Corporation of Trinity Houfe of Deptford Strond for any particular Port or Place in confequence of their receiving Certificates of Examination as aforesaid, fhall be diffatisfied with the Rates fo eftablished or altered, or in cafe any Owners of Ships or Veffels interefted in any fuch Rates fhall be diffatisfied with fuch respective Rates, it shall be lawful for fuch Parties respectively to appeal to the Lords of His Majefty's Moft Honourable Privy Council; and it shall be lawful for any Committee of fuch Privy Council, calling to their Affiftance fuch Perfons as they may think fit, to hear and determine the Matter of

any

fuch Appeal or Appeals, and to fettle, alter and regulate fuch Rates as to them fhall appear to be expedient, in cafe the Matter of fuch Appeal fhall, in the Discretion of the faid Committee of Privy Council, appear to require the making any Orders therein.

XXXIV. And be it further enacted, That all Perfons licenfed to act as Pilots or in Pilot Veffels by the faid Corporation of Trinity Houfe by virtue of this Act, fhall from Time to Time, and all Times hereafter, be fubject to the Regulation and Government of the Mafter, Wardens, and Affiftants, of the faid Corporation, who are hereby authorized and empowered, as well for enfuring the good Conduct and conftant Attendance of fuch Pilots upon their Duty, as for enforcing the general Purposes of this Act, from Time to Time to make and frame all fuch Bye Laws, Rules, Orders, Regulations, and Ordinances as they fhall think fit, therein fpecifying and directing alfo what annual or other Sums fhall be paid by any fuch Pilots to the Subcommiffioners of Pilotage for the Examination of fuch Pilots, and for granting and renewing or confirming their Licences from Time to Time; and it fhall be lawful for the said Master, Wardens, and Affiftants of the faid Corporation refpectively, to annex fuch reasonable Penalties and Forfeitures for the Breach of fuch Bye Laws, Rules, Orders, and Ordinances when made, as to them fhall feem expedient in that Behaif, and from Time to Time to annul, alter, and amend, all or any of the exifting Bye Laws, and to make fuch other and new Bye Laws, Rules, Orders, and Ordinances as they fhall think proper, fo as fuch Bye Laws, Rules, 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: Provided always, that no Bye Laws fhall have Force or Effect before they shall have been examined, fanctioned, and approved by the Chief Juftice of His Majefty's Court of King's Bench, or by the Chief Juftice of His Majefty's Court of Cominon Pleas, the Sanction and Approbation of either of which Chief Juftices fhall be verified under his Hand and Seal; and all and every fuch Bye Laws, Rules, Orders, and Ordinances when fo made and confirmed as aforefaid, fhall be obferved and kept, and put in Execution, and have the fame Force and Effect and Operation, to all Intents and Purposes, as if the fame were refpectively enacted by this A&t.

XXXV. ' And, in order that all fuch Bye Laws, Rules, and Regulations, may be previously examined by the Parties interefted therein;' be it enacted, That Copies of all fuch propofed Bye Laws, Rules, and Regulations, fhall be tranfinitted to His Majesty's Privy Council and to the Commiffioners of Cuitoms in London, Three Calendar Months before the fame fhall be fubmitted to fuch Chief Juftice as aforefaid, and the Commiffioners of the Customs are hereby required, upon the Receipt of fuch Copies, to caufe the fame to be printed and hung up, as foon as the fame can be done, in the feveral Custom Houfes of the principal Ports in Great Britain, to be open to the Infpection of all Perfons interefted therein at all feafonable Times.

XXXVI. And be it further enacted, That all Copies of fuch Bye Laws, Rules, Orders, and Ordinances, as fhall be fo made and confirmed as aforefaid, fhall be printed and fhall be hung up in fome publick or confpicuous Place in the feveral Custom Houfes of the Ports in England, within the Limits for which the Pilots respectively fhall be licensed, and alfo at the Trinity Houfe in London.

XXXVII. And

[blocks in formation]

Bond of Perfons

applying for Licences, to obey Bye Laws.

Mafters of

Vefiels performing QuaTantine fhall pay full Charges of Pilotage, &c.

Penalty. Pilots quitting Ships performing Quarantine.

Defeription of telilot's Perfon

fall be indorfed on his Licence, &c.

Pilot keeping Publick Houfe, &c. (unless authorized or

before

XXXVII. And be it further enacted, That every Perfon who fhall apply for a Licence to act as a Pilot by virtue of this Act, shall, any Licence fhall be granted to him, execute a Boad in a penal Sum at the Discretion of the faid Corporation of Trinity Houfe of Deptford Strond, or the Society or Fellowship of Pilots of Dover, Deal, and the Ile of Thanet, in an Amount not exceeding One hundred Pounds, to be paid to the faid Corporation or Society, their Succeffors and Affigns, with a Condition fubjoined thereto for better fecuring the due Obedience of fuch Pilot to the Bye Laws, Rules, Orders, Regulations, and Ordinances which fhall be made and framed pursuant to this Act; which Bonds fhall be capable of being given in Evidence in any Court of Law or Equity, without being ftamped according to the Laws relating to the Stamp Duties. XXXVIII. And be it further enacted, That the Mafter or Perfon commanding any Ship or Veffel bound to the River of Thames, and which fhall repair to Standgate Creek for the Performance of Quarantine, fhall pay the full Charges of Pilotage up to Gravefend or Standgate Creek; and every Pilot conducting any fuch Veffel to Standgate Creek, fhall be entitled to fuch Pay per Diem for the Days he shall be obliged to remain on Quarantine as fhall be in that Behalf allowed for fuch Detention by the Rates of Pilotage to be established by virtue of this Act.

XXXIX. And be it further enacted, That if any Pilot taking charge of any Ship or Veffel into the Rivers Thames or Medway, fhall quit fuch Ship or Veffel at Standgate Creek before fuch Ship or Veffel fhall have arrived at the Place to which fuch Ship or Veffel is bound in the Rivers Thames or Medway refpectively, without the Confent of the Captain or other Perfon having the Command thereof, unless fome other duly qualified Pilot fhall come on board and fhall take the Charge and Conduct of fuch Ship or Veffel for the Refidue of the Pilotage to be performed; every fuch Pilot fhall forfeit for every fuch Offence all Pay or Reward to which he might be entitled for having conducted or piloted fuch Ship or Veffel to Standgate Creek, and fhall alfo be fubject to fuch other Penalty or Punishment as by virtue of any of the Provifions of this Act, or of the Rules and Regulations to be eftablished in purfuance hereof, any Pilot shall be liable to for quitting a Ship or Veffel before fhe fhall arrive at her Place of Destination.

XL. And be it further enacted, That a particular Defcription of the Perfon of every Pilot fhall be indorfed on the Back of his Licence; and every Captain or Maiter, or other Perfon having the Command of a Ship or Veffel, on receiving a Pilot on board, fball infpect his Licence, and if he fhall have Reafon to think that fuch Pilot is not the Perfon to whom the Licence was granted, fuch Captain or Malter, or other Perfon having the Cominand of fuch Ship or Veffel, is hereby required forthwith to tranfmit a Copy of fuch Licence to the Corporation or Perfons by whom fuch Licence fhall have been granted, itating the Date thereof, together with fuch Account and Description of the Perfon producing fuch Licence or Warrant, as may lead to the Discovery of the Offender.

Pilot

XLI. And be it further enacted, That from and after the First Day of December One thoufand eight hundred and eight, if any licensed by virtue of this Act, or otherwife duly licensed, shall keep offending againft, or be concerned in keeping, either by himfelf or any Agent or Ser

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