or (3) from the refusal of an emigration officer (or as the case may be) to give a certificate of clearance under sections 11 and 50 of the Passengers Act, 1855. or (4) from the refusal of appointed by the Board of Trade under the provisions of section 30 of the Merchant Shipping Act Amendment Act, 1862, to give a certificate that the said ship is properly provided with lights and with the means of making fog signals. The address at which all notices and documents may be served by post or otherwise on me is In the matter of an Appeal by from the report of L. M., the Surveyor appointed by the Board to survey The Marian [or as the case may be]. In pursuance of the Merchant Shipping Act, 1876, I hereby summon you to attend as Judge [or Assessor] on this appeal at on the day of No. 3. Notice of Sitting of Court of Survey. The Merchant Shipping Acts, 1854 to 1876. The Court of Survey for In the matter of an Appeal by from the report of L.M., the surveyor appointed by the Board of Trade to survey The Marian [or as No. 4. Order of Court for Release or Detention of Ship. The Merchant Shipping Acts, 1854 to 1876. The Court of Survey for In the matter of an Appeal by from the Report of L.M., the Surveyor appointed by the Board of Trade to survey The Marian for as the case may be]. ship to be released or detained [finally or conditionally upon order the said ]. 18 Judge. The Court of Survey for In the matter of an Appeal by case may be]. from the Report of L.M., the Surveyor appointed by the Board of Trade to survey The Marian [or as the I concurrence of do report that, having heard this appeal, I did, with the order the said ship to be released or detained for the reasons set forth in the [finally or conditionally upon annexed statement. I am also of opinion that the costs of this appeal should be paid by A.B. to the Solicitor of the Board of Trade [or by the Solicitor to the Board of Trade to A.B.; or that all parties shall pay their own costs]. No. 6. Order for Payment of Costs, or of Costs and Damages. The Merchant Shipping Acts, 1854 to 1876. [The parties to this appeal having, by agreement in writing, consented to refer the question whether any costs or costs and damages are due, and to and from whom, to me or us, with liberty to assess the amount thereof], I order (1) That the Board of Trade do pay to the appellant the sum of for the costs or the costs and damages] incurred by reason of such detention and survey. or (2) that the appellant do pay to the Solicitor of the Board of Trade the sum of for the costs incurred by reason of such detention and survey of the said ship. Given under my hand this We [or I] concur in the above order. day of 18 Judge. Assessor Assessor APPENDIX C. On filing notice of appeal, for every 50 tons of the gross registered £ s. d. 0 10 0 0 2 6 On entering appearance On every subpoena On every statement of the order required to be made by the On the production and swearing of every witness On every consent by the parties to refer the question of costs, or of costs and damages, to the Court or Judge, to be paid by each party On every hearing, for each day, to be paid by each party, from the amount thereof to be at the discretion of the Judge to On every order whether for the release or detention of the ship, or for payment of costs, or costs and damages, to be paid by the party taking out the order On every office copy of the Judge's judgment or report, of the shorthand writer's notes of the evidence, or of any of the proceedings in the appeal, per folio of 72 words 0 10 0 026 0 10 0 0 2 6 0 10 0 1 0 0 500 100 0 0 6 No. 11 (see § 551). BYE-LAWS AND REGULATIONS RELATING TO PILOTS OF THE CORPORATION OF TRINITY HOUSE OF DEPTFORD STROND.(1) A.-BYE-LAWS, RULES, ORDERS, REGULATIONS, & ORDINANCES, Made and framed by the CORPORATION OF TRINITY HOUSE OF DEPTFORD STROND, as well for insuring the good conduct and constant attendance of pilots licensed by the said Corporation upon their duty, as for enforcing the general purposes of an Act passed in the sixth year of the reign of King George the Fourth, intituled, " An Act for the Amendment of the Law respecting Pilots and Pilotage, and also for the better Preservation of Floating Lights, Buoys, and Beacons; "the same byelaws, rules, orders, regulations and ordinances having been examined, sanctioned and approved in that behalf by the Right Honourable Sir Charles Abbott, Knight, Lord Chief Justice of His Majesty's Court of King's Bench, pursuant to the directions of the said Act. Imprimis: It is ordained, that from and after the promulgation of these present bye-laws, rules, orders, regulations, and ordinances, all and every the bye-laws, rules, orders, regulations, and ordinances, heretofore made or framed by the said corporation, for the government of the said pilots, or for ensuring the good conduct and constant attendance of the same upon their (1) The Trinity House, in compliance with the request of Messrs. Stevens & Haynes, most kindly furnished copies of the following bye-laws, rules, regulations, &c., as those which are now in force in their districts. duty, or for enforcing the general purposes of an Act passed in the fortyeighth year of the late King's reign, intituled, “An Act for the better regulation of Pilots and of the Pilotage of Ships and Vessels navigating the British Seas," shall be and the same are from henceforth annulled, and in lieu and stead thereof the said corporation do hereby make and frame the byelaws, rules, orders, regulations and ordinances following; that is to say: II. It is ordained, that every pilot who shall be ordered to proceed on his Majesty's service by any order signed by the deputy master or secretary of the said corporation, or by the officer for the time being of the said corporation at Yarmouth, or elsewhere, duly authorised to act in matters of pilotage, or who shall be so ordered, in writing or otherwise, by any officer in his Majesty's service, shall immediately proceed thereon, and every pilot who shall fail so to do, or who shall evade the receipt of any such order, or who shall quit or decline such service, shall, for the first offence, forfeit £5, and for the second and every subsequent offence £10 each. III. It is ordained, that every pilot engaged in the charge of any ship employed by government in the transport service, shall observe particularly if any unnecessary delay takes place on the part of the master in proceeding towards his destination, and if any delay does take place, such pilot shall on his return report the same to the secretary of the said corporation, and, upon going on board, such pilot shall give notice to the master that he has orders so to do. IV. It is ordained, that no pilot having the charge of a merchant ship, shall stop the same alongside the moorings of his Majesty's ships at Deptford, or elsewhere, or between the Round Tree and Bathing House at Gravesend (except in either of such cases there be an extreme necessity for so doing, or leave be obtained for that purpose from the proper officer or officers in that behalf), and all pilots licensed by the said corporation, are at all times to be particularly careful to steer clear of the King's ships in passing them. V. It is ordained, that every pilot when called upon or required to pilot any ship or vessel, shall, if under engagement to any other ship, forthwith make known such engagement, and specify the particulars thereof truly and faithfully to the person calling for or requiring such pilot's service, and in case of any concealment, misrepresentation, or falsehood in respect of such alleged previous engagement, the pilot offending shall forfeit £10. VI. It is ordained, that every pilot who shall have taken charge of any ship from the river Thames to the Downs, or elsewhere, shall, without any additional compensation in that behalf, wait on board for the space of three complete days, while such ship may be detained at Gravesend or elsewhere, for want of seamen, or by any other casualty, nor shall he at the end of three complete days be at liberty to quit such ship, or receive any additional compensation if she shall be further detained by winds, weather, or tides, and should the ship be detained beyond three complete days on any other account except winds, weather, or tides, the pilot having the charge thereof shall nevertheless still (if required so to do) remain in the charge of her, provided a compensation of 6s. per day be offered to him in that behalf by the master or owner. VII. It is ordained, that every pilot shall in all cases demean himself civilly and respectfully towards all persons who may require his service, and towards all officers in his Majesty's navy, and shall maintain a strict temperance and sobriety in the exercise of his office, and shall use his utmost care and diligence for the safe conduct of every ship which he shall be entrusted with the charge of, and to prevent her doing damage to others. VIII. It is ordained, that every pilot who shall undertake the charge of any ship downwards, shall, before his departure, leave, or cause to be left, notice thereof in writing at the proper office at the Trinity House in London, with one of the clerks there attending, and shall be considered as disengaged until he shall have so done, and upon such pilot's return he shall immediately, in his own person, attend at the said office, and make and sign such entry in a book there kept for that purpose, as the said corporation shall from time to time direct or require. IX. It is ordained, that every pilot licensed by the said corporation, shall from time to time, and at all times in obedience to the order or summons of the said corporation, under the hand of the secretary thereof for the time being, duly delivered or offered to such pilot, or left a reasonable time at the usual or last known place of residence of such pilot, attend the said corporation, at their courts, bye-boards, or committees, or their secretary for the time being, at the Trinity House in London, and that every pilot licensed by the said corporation upon a certificate of qualification from sub-commissioners of pilotage, shall in like manner attend the sub-commissioners of the port or place for which such pilot shall be so licensed, in obedience to the order or summons of the said sub-commissioners, under their hands, or the hands of the major part of them, duly delivered, offered or left as aforesaid, to answer to any charges brought against such pilots respectively, or for the performance of any public service, or for any other purpose whatsoever, and in default of such attendance every pilot so offending shall forfeit, for the first offence, 40s., and for the second and every subsequent offence £5 each. X. It is ordered and hereby directed that every pilot licensed or to be licensed by the said corporation, upon their receiving a certificate of examination by any sub-commissioners of pilotage, shall for such examination, and for the granting of the licence thereon, pay the sum of two guineas to the said sub-commissioners of pilotage by whom he shall be so examined, or to one of them, and shall also for the renewing or confirming of such licence, from time to time pay to the sub-commissioners of pilotage for the time being at or for the port or place specified in such licence, or to one of them, the annual sums following (that is to say), every pilot so licensed, or to be licensed as aforesaid, for the ports of Plymouth, Portsmouth, or Cowes respectively, the annual sum of two guineas. And every pilot licensed or to be licensed as aforesaid, for any other port or place, the annual sum of one guinea, unless the pilots at or for such port or place, shall be divided into two classes, and in that case the pilots of the first class are to pay the annual sum of two guineas each, and pilots not of the first class the annual sum of one guinea each. XI. It is ordained, that no pilot shall add to or in any way alter his licence, or make or alter any endorsement thereon, nor shall he be privy to any such licence or endorsement being altered. XII. It is ordained, that every pilot who shall observe any alteration in any of the sands or channels, or that any of the buoys or beacons of the said corporation are driven away, broken down, or out of place, shall forthwith deliver or send a correct statement thereof in writing to the secretary of the said corporation for the time being. XIII. It is ordained, that every pilot shall, whenever he comes to an anchor, carefully observe the settings of the tide and the force of the stream, and if it shall happen that he comes near to a sand, or other object or cause of danger, and there be any other ships or ship in company likely to fall in therewith, such pilot shall immediately give notice thereof to the captain or principal officer of the ship under his care, that he may make a signal to such other ships or ship for avoiding the same. |