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Pilots to be licensed by Governor :
Suspension or revocation of License;
Renewal of License: Board to report unfitness.
Security to be given by Pilots:
Security becoming insufficient.
Renewal of security.
Harbour; the Certificate may be in the form A. in the First Schedule to this Ordinance: when the Board grants such Certificate they shall transmit it with a report of the case to the Governor.
14. The Governor may, on the application of any person producing a Certificate of fitness from the Board, grant a License appointing the applicant a Lagos Pilot, or may withhold such License in case he see cause to be dissatisfied with the qualifications of the applicant, whether in respect of age, skill, previous service, character, or otherwise, or may direct further examination and enquiry, if he thinks fit:
A Pilot License shall have effect from the date of granting the same till the close of the thirty-first day of December in the year in which it is granted, and unless superseded by a new License for one month thereafter;
Provided that if a Pilot is absent from the town or Harbour of Lagos for more than one month at any one time, the Board shall report his absence to the Governor, who shall thereupon suspend his License: the License shall not have effect after the Pilot returns until renewed by the Governor ;
Whenever an order suspending a Pilot's License is made, the License shall cease to be of any effect during the term of suspension; and whenever a Pilot's License is revoked the License shall cease to have any effect whatsoever.
In usual course Licenses may be renewed by the Governor annually on application made through the Board; but the Governor may refuse to renew any License. If at the close of any year the Board shall consider that any Pilot is unfit to be entrusted with the pilotage charge of ships it shall be the duty of the Board to report the case to the Governor.
15. Upon the Certificate being transmitted and approved by the Governor, and before the License is granted, the applicant for License shall enter into security by Bond to the King in such amount as shall be fixed by the Rules, or if not so fixed, as the Governor shall fix, with one or more sureties to be approved of by the Board, to answer for the due observance by the Pilot of the duties imposed on him by this Ordinance: such Bond may be in the form C. in the First Schedule to this Ordinance or to the like effect.
If it shall appear to the Board at any time that the security Bond of any Pilot is or has become insufficient they shall call upon the Pilot to obtain sufficient security, and if he fail to do so within one month, the Board shall report the case to the Governor, who, if he thinks fit, may suspend the License of such Pilot until sufficient security has been given;
If the License of any Pilot be renewed, he shall enter into a new Bond in substitution for that under his expired License.
16. It shall be the duty of the Harbour Master to keep a Register of Register of Pilots in such form as the Governor directs.
17. All valid Pilots' Licenses which have been granted prior Licenses to the commencement of this Ordinance shall have effect, subject granted prior to the provisions of this Ordinance, until the close of the periods ment of for which such Licenses may have been granted, and may be Ordinance. renewed in like manner as Licenses granted under this Ordinance. (Amended.)
18. All Licensed Lagos Pilots shall be authorised, whilst their Effect of Licenses continue in effect, to pilot any ship in, or entering, or License. leaving the Harbour of Lagos.
19. If any person not licensed as aforesaid, whether he has once Penalty for held a valid Pilot's License or not, shall act as Pilot for any ship illegal in, or entering, or leaving the Harbour of Lagos, he shall be liable piloting. for each offence to a fine not exceeding one hundred pounds:
Provided that no part of this Ordinance which renders pilotage Proviso. compulsory shall apply to any ship or vessel removing from a wharf to which she has been moored for the purpose of getting into the stream to await a pilot, or to allow a steamer or other craft to come alongside to discharge or load.
20. Every Pilot shall produce his License for inspection when Pilot to prorequired by the Harbour Master, or by any person by whom he is duce License. employed, or to whom he tenders his services as a Pilot, and for every breach of this section he shall be liable to a fine not exceeding five pounds.
21. The employment of a Lagos Pilot shall be compulsory in Pilotage every case of a ship of more than twenty tons burden entering, or compulsory. leaving, or changing, or altering her berth in the Harbour;
If any ship shall enter, or leave, or change her berth in the Howenforced. Harbour not being in charge of a Lagos Pilot the pilotage dues in respect of such ship shall nevertheless be incurred together with a penalty not exceeding twenty pounds: the said dues and penalty shall be payable by the persons declared in this Ordinance liable to pay pilotage dues.
22. The master or owner of any ship about to leave or enter Selection of the Harbour, or take up a new berth, or change her berth therein, Pilots: shall have the option of employing any Lagos Pilot whom he may select for piloting such ship not being at the time in pilotage charge of any other ship, and every such Pilot shall without delay go on board and take charge of any ship upon being so required, unless prevented by illness or other reasonable cause, the burden of proof whereof in all such cases shall be upon the Pilot:
Pilot not to quit ship prematurely.
Dues on changing berth.
Provided that if the Pilot to whom the pilotage employment is offered is in the service of any person or firm as a Pilot or otherwise, under a contract of not less than three months' duration, he shall not be bound to accept such employment without the consent of such person or firm, and if such consent is not given he shall not be liable to any penalty for refusal.
23. A Pilot who has taken charge of a ship shall not, except in cases of necessity, quit such ship before it shall have been safely moored or anchored if inward bound, or until it has reached the usual anchorage roadstead outside the harbour if outward bound.
Unauthorised rates prohibited:
Remuneration of Pilots.
24. There shall be paid by the master or owner, or if not paid by the master or owner, then by the charterer or his agent in the case of an outward bound, or the consignee or his agent in the case of an inward bound ship, to the Pilot for pilotage thereof pilotage dues at the rate of ten shillings for every foot, and for any part of a foot being more than six inches, of water which such ship may draw immediately before she leaves her moorings to proceed outwards or immediately after she is brought to an anchor upon entering the harbour as the case may be:
And in case of any ship taking up a new berth or changing her berth in the harbour, there shall be paid to the Pilot for pilotage thereof the sum of ten shillings, and two shillings and sixpence for each quarter of an hour or part thereof after the first hour during which the Pilot is engaged in piloting the ship to and mooring her at her new berth, or changing her berth, such time to be reckoned from tripping the anchor at the berth at which the ship is lying until she is again moored;
Recovery of 25. Pilotage dues may be recovered by action against any of Pilotage dues. the parties by this Ordinance declared liable: Provided that as against consignees the action must be brought within three months from the time the pilotage services were rendered:
Pilotage dues shall not be payable in respect of any steamship exclusively employed in the harbour and roadstead.
In the case of an outward bound ship the Pilot engaged or required to take charge of her may require his pilotage dues to be lodged with the Harbour Master or with the Collector of Customs before the ship leaves her moorings:
Clearance may be delayed in
It shall be lawful for the Collector of Customs to withhold the clearance of any ship in respect of which any dues or penalties certain cases. payable to the Crown are remaining unpaid, until the same shall
26. Any Pilot demanding or receiving, and any person liable to pay pilotage dues, offering, or paying to any Pilot any other rate
in respect of pilotage services whether greater or less than the rates payable under this Ordinance, shall for each offence incur a penalty not exceeding ten pounds:
This enactment does not apply to the case of any Pilot employed Exception. in the service of any person or firm, under a contract of not less than three months' duration, piloting the ships belonging to such employer or of which he has the management and control.
27. Every consignee or agent of any ship hereby made liable Consignee, for the payment of pilotage dues, or by whom any such money retain shall have been paid, may, out of any moneys in his hands received Pilotage dues. on account of such ship, or belonging to the owner thereof, retain the amount of all pilotage dues paid, or which shall have become payable by him, together with any reasonable expenses he may have incurred by reason of such payment or liability.
Offences of Pilots (General).
28. If any Lagos Pilot commits any of the following offences, Penalties on that is to say,
(1) Commits any offence against the Customs or Revenue laws; Revenue (2) Is in any way directly or indirectly concerned in any corrupt Corrupt practices relating to ships, their tackle, furniture, cargoes, practices; crews, or passengers, or their moneys or goods; (3) Lends his License;
(4) Acts as Pilot while suspended;
(5) Acts as Pilot when in a state of intoxication;
Acting while suspended;
(6) Employs or causes to be employed on board any ship of Or drunk; which he has the charge, any boat, anchor, cable, or other Causing store, matter, or thing beyond what is necessary for the improper service of such ship, for his own gain or for the gain of any other person;
(7) Refuses or wilfully delays, when not prevented by illness or Refusing to other reasonable cause, and not being within the proviso of take charge; the twenty-second section of this Ordinance, to take pilotage charge of any ship about to enter, or leave the harbour, or change her berth therein, upon being required to do so by the charterer, consignee, master, owner, or agent thereof, or by the Harbour Master, or any principal Officer of Customs;
(8) Refuses, on the request of the master, to conduct the ship of Refusing to which he has the charge into, or out of, or to a new berth conduct ship; in, the Harbour, except on reasonable ground of danger to the ship;
(9) Conducts a ship in act of leaving or entering the Harbour, Conducting knowing that such ship is prohibited from leaving or ship contrary entering;
Quitting ship (10) Quits the ship of which he has the charge, without the prematurely. consent of the master, before the service for which he was hired has been performed;
he shall for each such offence, in addition to any liability for damages at the suit of the person aggrieved, incur a penalty not exceeding one hundred pounds, and be liable to have his License Accessories. suspended or revoked by the Governor; and every person who abets, or is accessory to the commission of any such Offence shall likewise, in addition to any such liability for damages as aforesaid, incur a penalty not exceeding one hundred pounds, and if a Pilot shall be liable to have his License suspended or revoked by the Governor.
Penalty on Pilot endangering ship, life, or limb.
Limit of draught of Ships:
Notice of limit;
29. If any Pilot, when in charge of any ship, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction, or serious damage of such ship, or tending immediately to endanger the life or limb of any person on board such ship; or if any Pilot by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from loss, destruction, or serious damage, or for preserving any person belonging to or on board such ship from danger to life or limb; the Pilot so offending shall be deemed guilty of a misdemeanor, and shall also be liable to have his License suspended or revoked by the Governor.
Ships Entering or Leaving Harbour.
30. The Harbour Master shall from time to time, according to the changes of the Bar, fix a limit of draught of water for ships entering or leaving the Harbour, and any ship drawing more than the limit so fixed shall not enter or leave the Harbour until, by the removal of cargo or otherwise her draught of water be reduced within such limit:
The Harbour Master shall make known every alteration in such limit by posting a notice in a conspicuous part of the Custom House, which shall be deemed to be a sufficient notice to all Lagos Pilots and other persons:
Penalty on The Pilot in charge of any ship which shall enter or leave the contravention. Harbour in contravention of this section shall incur a fine which may extend to twenty pounds, and be liable to have his License suspended or revoked by the Governor, and the master of such ship, or any charterer, consignee, owner, or other person having control of such ship who shall knowingly cause or be accessory to such contravention shall each incur a fine not exceeding one hundred pounds.