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Compulsory Pilotage.

Compul

sory

by qualified pilots (x) in the same district in respect of the granting and renewal of licences.

(2.) The fees so received by a pilotage authority (y) in respect of certificates (2) shall be applicable to the expenses of and incidental to the examinations for the certificates and to the payment of such charges in connection with the preparation and renewal thereof as may be approved by the Board of Trade, and the surplus (if any) shall be applied for the benefit of the pilots' superannuation fund of the port (a) or district (if any), or otherwise for the benefit of the qualified pilots (a) of the port (a) or district to which the certificates (z) apply in such manner as the pilotage authority (y) may think fit.

(3.) The fees received by the Board of Trade in respect of pilotage certificates (b) shall be applicable to the expense of the examinations for those certificates, and the surplus (if any) shall be applied for the benefit of the qualified pilots (x) of the port (a) or district to which the certificates apply in such manner as the Board thinks fit.

Compulsory Pilotage.

603.-(1.) Subject to any alteration to be made by the Board of Trade (c) or by any pilotage authority (d) in pursuance of the powers herein-before contained, the pilotage. employment of pilots (a) shall continue to be compulsory 1854, s. in all districts where it was compulsory immediately before the commencement of this Act (e), but all exemptions from that compulsory pilotage shall continue to be in force (e).

353.

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produced under § 604 of this Act, making it compulsory on ships carrying passengers; but also by virtue of § 353 of the Act of 1854, (1) making pilotage compulsory "in all districts in which the same was by law compulsory immediately before the time when that Act came into operation, i.e. May 1, 1855, and (2) continuing the exemptions then existing in such districts. Before May 1, 1855, pilotage was compulsory in a number of districts by various charters aud Acts, and a set of general exemptions to such compulsory pilotage was con

(2.) If, within a district where pilotage is compulsory (e), the master of an unexempted ship after a qualified

tained in §§ 59-63, 71, of the Pilot Act of 1825 (6 Geo. IV. c. 125). In addition, therefore, to making, in the case of any ship entering any port, the investigations mentioned in the Preliminary Note to this Part on other points, it will also be necessary to ascertain whether pilotage was compulsory for such a ship in such a district before May 1, 1855, or whether there were then existing any exemptions for such a district. It was decided, in The Earl of Auckland (1860), Lush. 164, 387, following R. v. Stanton (1857), 8 E & B. 445, that this was the effect of § 353 of the Act of 1854; and the same reasoning will be applied to the present section, which purports to reproduce § 353 of the Act of 1854, though in reality it adds one more link to the chain by which the compulsion is imposed, Thus, in The Hankow (1879), 4 P. D. 197, the court had to consider whether the general provision reproduced in § 622 was inapplicable, by reason of The Hankow's coming within an exemption in the Act of 1825; which involved the further question whether, before 1825, provision had been made for the appointment of pilots in London. Exemptions introduced by this section (§ 603) will be overridden by the express provisions of § 604, if the ship comes within them (The Temora (1860), Lush. 17); but not by those of § 622 if they apply. See The Hankow (1879), 4 P. D. 197. In the result of this section as to particular ports, see Appendix No 11. The principal provisions of 6 Geo. IV c. 125 are as follows:

59. Notwithstanding anything in this Act contained, the master of any collier, or of any ship or vessel trading to Norway, or to the Cattegat or Baltic, or round the North Cape,

or

into the White Sea, on their inward or outward voyage, or of any constant trader inwards (), from the ports between Boulogne inclusive

(1) Extended by Order in Council, February 18, 1854, to such traders outwards.

and the Baltic (all such ships and vessels having British registers (2), and coming up either by the North Channel, but not otherwise (3)), or of any Irish trader using the navigation of the Rivers Thames and Medway (), or of any ship or vessel employed in the regular casting trade of the kingdom (3), or of any ship or vessel wholly laden with stone from Guernsey, Jersey, Alderney, Sark, or Man, and being the production thereof, or of any ship or vessel not exceeding the burthen of sixty tons, and having a British register(), except as hereinafter provided; or of any other ship or vessel whatever, whilst the same is within the limits of the port or place to which she belongs, the same not being a port or place in relation to which particular provisions hath heretofore been made by any Act or Acts of Parliament, or by any charter or charters for the appointment of pilots ("), shall and may lawfully, and without being subject to any of the penalties by this Act imposed, conduct or pilot his own ship or vessel, when and so long as he shall conduct or pilot the same without the aid or assistance of any unlicensed pilot or other person or

(2) Cf. The Vesta (1882), 7 P. D. 240; The Hanna (1866); L. R. 1 A.& E. 283.

(3) See The Hanna (1866), L. R. 1 A. & E. 283. The Order in Council (February 18, 1854) extends the exemption to such ships when coming up by the South Channel.

() If she has passengers on board, pilotage is compulsory under § 604 of this Act. The Temora (1860)

Lush. 17.

(5) Not if merely on one coasting Voyage, her ordinary_occupation being foreign trade. The Agricola (1843), 2 W. Rob. 10; cf. The Lloyds or Sea Queen (1863), Br. & L. 359; but see notes to § 625.

(*) London is a place for which provision has been made, and to which this exemption does not apply. The Hankow (1879), 4 P. D. 197.

Hometrade passenger ships to carry pilots (m) 1854, ss. 354, 355.

pilot (f) has offered to take charge of the ship, or has made a signal for the purpose, pilots his ship himself without holding the necessary certificate (g), he shall be liable for each offence to a fine of double the amount of the pilotage dues that could be demanded for the conduct of the ship (h).

604.-(1.) The master (i) of every ship (i) carrying passengers (k) between any place in the British Islands (1), and any other place so situate, shall, while navigating within the limits of any district for which pilots are licensed (f) under this or any other Act, employ a qualified pilot (n), unless he or the mate of his ship holds a pilotage certificate (g) or a certificate granted under this section (0) app'ying to the district, and, if he fails (p) to do so, shall

persons than the ordinary crew of
the said ship or vessel.

60. Provided also, That from and
after the passing of this Act it shall
and may be lawful for His Majesty,
by and with the advice of his Privy
Council, or by any Order or Orders
in Council, to permit and authorize
ships and vessels not exceeding the
burthen of sixty tons, and not having
a British register, to be piloted and
conducted without having a duly
licensed pilot on board, upon the
same terms and conditions as are by
this Act imposed on British ships and
vessels,not exceeding the like burthen.

61. Provided also, That nothing in this Act contained shall extend or be construed to extend to subject the master or owner of any ship or vessel to any of the penalties of this Act, for employing any person or persons whomsoever as a pilot or pilots in and for the assistance of such ship or vessel whilst the same shall be in distress, or in consequence thereof, or under any circumstances which shall have rendered it necessary for such owner or master to avail himself of the best assistance which at the time could be procured, anything herein contained to the contrary thereof in any wise notwithstanding. (f) § 586. See Stafford v. Dyer (1895), 1 Q. B. 566.

(g) § 599, s. 2.

(h) See note (e), p. 462.
(i) Defined, § 742.

66

(k) A contract with the shipowners imposing a liability to pay a fare is essential to constitute a person on a ship a passenger." Thus in The Lion (1868), L. R. 2 A. & E. 102, 2 P. C. 525, the captain's wife and father-in-law were on board the ship without the owner's knowledge, paying nothing for their living, but alleged, after the collision, to have paid fares under an arrangement made after the collision. In The Hanna (1866), L. R. 1 A. & E. 283, a person working his passage, but messing with the captain and paying nothing, was held by Dr. Lushington a "nondescript." In neither case was the steamer held to have "passengers on board so as to become liable to take a pilot.

(1) Int. Act, 1889, § 18, s. 1.

(m) This marginal note is wrong, as by 742" home-trade ships" include ships which trade from the United Kingdom to the continent between Brest and the Elbe; and these are not covered by this clause, which only relates to vessels trading between two ports in the British Islands.

(n) This section overrides any exemption claimed under § 603. Cf. The Temora (1860), Lush. 17, where "Irish trader," as exempted in 6 Geo. IV. c. 125, s. 59, but carrying passengers, was held liable to take a pilot in the Thames.

an

(0) Sub-s. 2.

(p) Includes refusal; § 742.

for each offence be liable to a fine not exceeding one hundred pounds (q).

(2.) The Board of Trade, on the application of the master (r) or mate of any such ship as aforesaid (s), and on being satisfied, by examination or otherwise, as the Board may deem expedient, of the competency of that master or mate, may grant him a certificate authorizing. him to pilot any ship (r) or ships belonging to the same owner and not being of greater draught of water than that stated in the certificate within the limits aforesaid (s), and any master or mate to whom the certificate is granted shall be entitled to conduct any such ship as is specified in the certificate within the limits specified in the certificate.

(3.) The certificate shall remain in force for such time as the Board of Trade may direct and may be endorsed on any certificate of competency obtained under the Second Part of this Act (t).

(4.) A master (r) or mate shall, on the application for a certificate under this section (), or for a renewal thercof, pay to the Board of Trade, or as the Board directs, such fees not exceeding those payable under the Second Part of this Act (x) on an examination for a master's certificate of competency as the Board of Trade may direct, and those fees shall be applied as the fees payable on that examination (r).

605.-(1.) The master (r) and owner (y) of any ship (r) Exemp passing () through any pilotage district in the United tion from compulKingdom on a voyage between two places both situate sory out of that district, shall be exempted from any obligation pilotage. to employ a pilot in that district or to pay pilotage rates Sec 1851, when not employing a pilot within that district. s. 379 (6).

(2.) The exemption under this section shall not apply to

(1) Procedure, §§ 680-684; fine how applicable, §§ 699, 716.

(r) Defined, § 742.

(*) Sub-s. 1.

(t) § 92, et seq.

(u) Sub-s. 2.

() § 97.

(y) Note to § 58.

S.M.S.A.

(z) Semble, that putting into a port in the district in distress would not prevent a vessel from coming under this clause (cf. § 596), unless it loaded or discharged cargo. Cf. The Sutherland (1887), 12 P. D. 154, on another section.

2 H

1862, s. 41.

466

Offences

Offences and Suspension and

ships loading (a) or discharging at any place situate within the district or at any place situate above the district on the same river or its tributaries (b).

Offences, and Suspension and Dismissal, of Pilots (c). 606.—(1.) If a qualified pilot (d), either within or with

Dismissal out the district for which he is licensed (e),—

of Pilots.

Offences

of Pilots, 1854, s.

365.

(a.) himself keeps, or is interested in keeping by any agent, servant, or other person, any public-house or place of public entertainment, or sells or is interested in selling any wines, spirituous liquors, tobacco, or tea;

(b.) commits any fraud or offence against the revenues of customs, or against the excise or the laws relating thereto;

(c.) is in any way directly or indirectly concerned in any corrupt practices relating to ships (c), their tackle, furniture, cargoes, crews, or passengers, or to persons in distress at sea or by shipwreck, or to their moneys, goods, or chattels ;

(d.) lends his licence;

(e.) acts as pilot whilst suspended;

(f.) acts as pilot when in a state of intoxication;
(g.) employs or causes to be employed on board any
ship (c) of which he has charge any boat, anchor,
cable, or other store, matter, or thing, beyond what is
necessary for the service of that ship, with intent to
enhance the expenses of pilotage for his own gain or
for the gain of any other person;

(h.) refuses or wilfully delays, when not prevented by
illness or other reasonable cause, to take charge of
any ship within the limits of his licence (e), upon the
signal for a pilot being made by that ship, or upon
being required to do so by the master (c), owner (ƒ),
agent, or consignee thereof, or by any officer of the

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(d) § 586.
(e) § 586, s. 2.
(f) Note to § 58.

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