Appeal against byelaws or regula tions not under this 336. Returns by Pilotage Authorities. Returns (2.) Any byelaw proposed to be made under this Part of this Act (y) shall, before it is submitted for confirmation (z), be published in such manner as the Board of Trade direct. 584. If at any port (a) either (a.) the majority of the qualified pilots (b) belonging to the port (a); or, (b.) the local marine board (c); or, (c.) where there is no local marine board (c), any number of persons not less than six, being masters (a), owners, or insurers of ships, consider themselves aggrieved by any regulation or byelaw of a pilotage authority (d) in force before the first day of May, one thousand eight hundred and fifty-five (e), or made under any power other than a power contained in this Act or in any Act repealed by this Act, or by a defect or omission in any such regulation or byelaw, they may appeal to the Board of Trade, and the Board may thereupon by order revoke, alter, or make additions to that regulation or byelaw, in such manner as, having regard to the interests of the persons concerned, appears to them to be just and expedient, and any order so made shall be conclusive as to the matter in respect of which it is made. Returns by Pilotage Authorities (d). 585.-(1.) Every pilotage authority (d) shall deliver periodically to the Board of Trade, in the form and at the time required by that Board, returns of the following parby pilotage ticulars with regard to pilotage within their district: authorities (a.) all byelaws or other regulations whether made under this Act (y) or not relating to pilots (a) or pilotage for the time being in force: to Board of Trade. 1854, ss. 337-339. 52 & 53 Vict. c. 68, 8. 6. (b) the names and ages of all pilots (a) or apprentices licensed or authorized to act by the authority (d) making the return, and of all pilots or apprentices (y) §§ 580, 581. (z) Sub-s. 1. (a) Defined, § 742. (b) § 586. (c) § 244. (d) Defined, § 573. () Being the day when the Act of 1854 came into operation. acting either directly or indirectly under that authority (f), whether so licensed or authorized or not: (c.) the service for which each pilot (g) or apprentice is licensed: (d) the rates of pilotage for the time being in force including therein the rates and descriptions of all charges upon shipping made for or in respect of pilots (g) or pilotage: (e.) the total amount received for pilotage, distinguishing the several amounts received from British ships (h) and from foreign ships respectively, and the several amounts received in respect of different classes of ships (g) paying different rates of pilotage, according to the scale of those rates for the time being in force, and the several amounts received for the several classes of service rendered by pilots (g); and also the amount paid by such ships (g) (if any) as have, before reaching the outer limits of pilotage water if outward bound, or their port (g) of destination if inward bound, to take or pay for two or more pilots (g), whether licensed by the same or by different pilotage authorities (f); together with the numbers of the ships of each of the several classes paying such several amounts as aforesaid: (f.) the receipt and expenditure of all moneys received by or on behalf of the authority making the return, or by or on behalf of any sub-commissioners appointed by them (i), in respect of pilots (g) or pilotage: (g.) the receipts and expenditure, under separate accounts, in respect of any pension or superannuation funds (k) administered by or under the control of the authority making the return. (2.) Every pilotage authority (f) shall allow the Board of Trade, or any person appointed by the Board of Trade for the purpose, to inspect any books or documents in the possession of that authority relating to any matter in respect of which a return is required under this section. (ƒ) Defined, § 573. (g) Defined, § 742. (h) Notes to § 1. (i) Cf. §§ 617, 632. Licensing of Pilots. Registration of pilot licences. 1854, ss. 2, 349. (3.) The Board shall cause any returns made to them under this section to be laid before both Houses of Parliament without delay (1). (4.) If any pilotage authority (m) (other than the Trinity House (n), or sub-commissioners of pilotage appointed by them under this Part of this Act (o)) fail (p), without reasonable cause, to deliver to the Board of Trade any return required under this section within one year after the time fixed by the Board of Trade for the purpose, or fail (p) without reasonable cause to comply with the requirements of this section with regard to the inspection of books and documents (q), Her Majesty may, by Order in Council (r), direct that all the rights and powers of that authority (m) in respect of pilotage shall cease or be suspended during such time as Her Majesty directs, and thereupon the Trinity House (n) shall thereafter, or during the time for which the suspension continues, have the same powers of appointing sub-commissioners of pilotage (o), and of licensing (s) pilots (n), and of establishing and altering rates of pilotage (t) within the district of the authority making default, as the Trinity House are by this Act authorized to exercise in a district within which no particular provision for the appointment of pilots (n) is made by any Act of Parliament or charter (s), and shall also during that time have the same rights, title, and powers to and in respect of any pilotage funds or other pilotage property which the pilotage authority making default would or might have had if the rights and powers of that authority had not ceased or been suspended. Licensing of Pilots (n). 586.-(1.) A pilot (n) shall be deemed a qualified pilot for the purposes of this Act, if duly licensed by any pilotage (1) See Pilotage Returns for 1892; analyzed in Appendix X. (m) Defined, § 573. (n) Defined, § 742. (0) § 617. (p) Includes refusal; § 742. (r) § 738. (8) § 618, s. 1 (iii.). authority (t) to conduct ships (u) to which he does not belong. (2.) Every qualified pilot (x), on his appointment, shall receive a licence containing his name and usual place of abode, a description of his person, and a specification of the limits within which he is qualified to act. (3.) The chief officer of customs (u) at the place at or nearest to which any qualified pilot (x) resides shall, on his request, register his licence, and a qualified pilot (x) shall not be entitled to act as such, until his licence is so registered. (4.) Every qualified pilot (x) acting beyond the limits for which he is qualified by his licence (y) shall be considered an unqualified pilot. 587. Every qualified pilot (x), shall on receiving his Copies of licence, be furnished with a copy of this Part of the Act, provisions pilotage and with a copy of the rates (2), byelaws, and regulations to be furestablished within the district for which he is licensed; nished to pilot. and he shall produce those copies to the master (u) of 1854, s. any ship (u), or other person employing him, when required to do so, and if he fails (a) without reasonable cause to do so, shall be liable to a fine not exceeding five pounds (b). 350. 588.-(1.) Every qualified pilot (x) when acting in that Licensed capacity shall be provided with his licence (y) and shall pilot to produce produce the same to every person by whom he is employed licence to or to whom he offers his services as pilot (u). employer. 1854, 8. (2.) If a qualified pilot (x) refuses, on the request of any 351. such person, to produce his licence (y), he shall for each offence be liable to a fine not exceeding ten pounds (b), and shall be subject to suspension or dismissal by the pilotage authority (t) by whom he is licensed (x). (t) Defined, § 573. (u) Defined, § 742. (x) § 586, s. 1. He may be qualified only for certain classes of ships; cf. Stafford v. Dyer (1895), 1 Q. B. 566. (y) § 586, s. 2. (a) Includes refusal; § 742. Production and return of licence to pilotage authority. 1854, s. 352. Penalty on use of 589.-(1.) Every qualified pilot (c), when required to do so by the pilotage authority (d) by whom he is licensed (c), shall produce or deliver up his licence to that authority (e). (2.) On the death of any qualified pilot (c), the person into whose hands his licence (f) comes shall without delay transmit it to the pilotage authority (d) who licensed (c) the deceased pilot. (3.) If any pilot (g) or other person fails (h) to comply with the requirements of this section, he shall for each offence be liable to a fine not exceeding ten pounds (i). 590. If an unqualified pilot (g) for the purpose of making fraudulent himself appear to be a qualified pilot (c) uses a licence (ƒ) which he is not entitled to use, he shall for each offence be liable to a fine not exceeding fifty pounds (¿). licence. 1854, 8. 361. Recovery of Pilotage and other Recovery of Pilotage Dues and other Rights of Pilots (g). 591.-(1.) The following persons shall be liable to pay Rights of pilotage dues for any ship (g) for which the services of a qualified pilot (c) are obtained, namely:: Pilots. Recovery of pilotage dues. 1854, ss. 363, 364. (a.) the owner (k) or master (g): (b.) as to pilotage inwards, such consignees or agents as have paid or made themselves liable to pay any other charge on account of the ship in the port (g) of her arrival or discharge: (c.) as to pilotage outwards, such consignees or agents as have paid or made themselves liable to pay any other charge on account of the ship in the port (g) from which she clears out (1); and those dues may be recovered in the same manner as fines of like amount under this Act (m), but that recovery shall not take place until a previous demand has been made in writing. (c) § 586, s. 1. (d) Defined, § 573. (e) The fact that the authority acts capriciously in making the requisition is no excuse for not delivering. Henry v. Newcastle Trinity House (1858), 8 E. & B. 723. (ƒ) § 586, s. 2. (g) D fined, § 742. (h) Includes refusal; § 742. (i) Procedure, §§ 680-684; application of fine, §§ 699, 716. (k) Notes to § 58. Customs Consol. Act, 1876 (39 & 40 Vict. c. 35, § 1). (m) §§ 680-683. |