boat displaying pilot flag. 1854, s. 348. flag as to be likely to deceive shall not be displayed on any ship or boat not having a licensed pilot (u) or master or mate holding a pilotage certificate (r) on board, and if on any such ship or boat any such flag is displayed, the Vict. c. 68, owner (y) or master (z) of that vessel (2) shall, unless in the case of the display of a flag likely to deceive he proves that he had no intention to deceive, be liable for each offence to a fine not exceeding fifty pounds (a). 52 & 53 ss. 9, 10. Signals to be displayed by ships re quiring a pilot. 36 & 37 Vict. c. 85, ss. 19, 20. Trinity House to 615.—(1.) Her Majesty may by Order in Council (1) make rules as to the signals to be used or displayed where the services of a pilot (2) are required on any vessel (2), and those signals are in this Act referred to as pilot signals. (2.) If a vessel (z) requires the services of a pilot, the master (2) of that vessel shall use or display the pilot signals (c). (3.) If a master(z) of a vessel (2) uses or displays, or causes or permits any person under his authority to use or display, any of the pilot signals (c) for any other purpose than that of summoning a pilot, or uses or causes or permits any person under his authority to use any other signal for a pilot, he shall for each offence be liable to a fine not exceeding twenty pounds (a). Trinity House (2). 616. The Trinity House (2) may, in the exercise of the Power of general powers given to pilotage authorities under this Part Trinity of this Act (d), alter such of the provisions herein-after alter regu- contained in this Part of this Act as are expressed to be subject to alteration by them (e) in the same manner and to the same extent as they might have been altered if these provisions had been contained in any previous Act of Parliament instead of this Act (f). lations. 1854, s. 368. (u) § 586. (x) §§ 599, 600. (a) Procedure, §§ 680-684; tine (b) $738; such an Order in Council has been made, and is printed in Appendix XII. (c) $ 615, s. 1. (d) §§ 581, 582. (e) §§ 619, 622-624, 626-628, 630. (f) This is reproduced from the Act of 1854, and gives the Trinity House all powers of alteration in any Acts, whether before or after the Act of 1854, including that Act. The section appears to refer to §§ 581, 582. Sub-Commissioners (Trinity House). Sub-Commissioners House to appoint 617.—(1.) The Trinity House (g) shall continue to appoint (Trinity sub-commissioners (not being more than five nor fewer than House). three) for the examination of pilots (g) in all districts in Power of which the Trinity House have before the commencement Trinity of this Act been used to make those appointments (h), and may, with the consent of Her Majesty in Council (i), but sub-comnot otherwise, appoint like sub-commissioners of any 1854, s. other district in which no particular provision is made by any Act of Parliament or charter for the appointment of pilots (k). (2.) A pilotage district which is at the commencement of this Act under the authority of any sub-commissioners appointed by the Trinity House (1) shall not be extended, except with the consent of Her Majesty in Council (i), and sub-commissioners appointed by the Trinity House (g) shall not be deemed to be pilotage authorities (n) within the meaning of this Act. Licensing of Pilots by Trinity House (g). missioners. 369. Licensing of Pilots 618 (0).-(1.) The Trinity House (g) shall continue, after by Trinity due examination by them or their sub-commissioners (p), to House. appoint and license, under their common seal, pilots (g) for Licensing the purpose of conducting ships within the following limits of pilots by Trinity or in any area within those limits; namely,House (i.) The London district, consisting of the waters of the within cerThames and Medway as high as London Bridge and 1854, 8. Rochester Bridge respectively, and also the sea and channels leading thereto or therefrom as far as Orfordness to the north, and Dungeness to the south (q). tain limits 370. Regula (ii.) The English Channel district, consisting of the seas (2.) The Trinity House shall not license a pilot to conduct ships both above and below Gravesend. 619. Subject to any alteration to be made by the Trinity tions as to House (t), the following provisions shall apply to the pilots' licences. licensing of pilots by them : 1854, ss. 371, 372, 374. (i.) The names of all pilots licensed by the Trinity House shall be published by them— (a) by fixing at their house in London (u) a notice specifying the name and usual place of abode of every pilot so licensed, and the limits within which he is licensed to act; and (b) by transmitting copies of that notice to the (ii.) Every Trinity House pilot shall, on his appointment, Taking pilots at Dungeness, see (r) Except in so far as the district in this district. (8) See a list of these in Appendix XI. As to prima facie proof of them, see The Juno (1876), 1 P. D. 135. (t) By byelaw under §§ 581, 582. (u) The Trinity House, Trinity House Square. (x) Defined, § 742. of January next following the date of that licence; but limited. 620. A qualified pilot (2) appointed by the Trinity Pilot's House (a) who has executed a bond under this Part of this liability Act shall not be liable for neglect or want of skill beyond 1854, s. the penalty of the bond, and the amount payable to him 373. on account of pilotage in respect of the voyage in which he was so engaged when he became so liable. 621. The Trinity House (a) may revoke or suspend the Power to licence of any pilot appointed by them in such manner and revoke and at such time as they think fit. Compulsory Pilotage (Trinity House). suspend licences. 1854, s. 375. Compul sory Pilotage. 622 (b).—(1.) Subject to any alterations to be made by the Trinity House (c), and the exemptions under this Part of this Act (d), pilotage shall be compulsory within the ComLondon district (e), and the Trinity House outport districts districts (f). of Trinity pulsory House. (2.) If a master (a) of a ship (a) navigating within those 1854, s. districts (g), after a qualified pilot (2) has offered to take 376. charge of the ship, or made a signal for the purpose, either himself pilots the ship without possessing a pilotage certificate (h), or employs or continues to employ an unqualified person to pilot her, he shall for each offence be liable, in addition to any other penalty under this Part of this Act (i), to a fine not exceeding five pounds for every fifty tons burden of the ship, if the Trinity House (a) certify in (y) Cf. The Beta (1865), 2 Asp. M. C. O. S. 165. (z) § 586. (a) Defined, § 742. (b) See Preliminary Note to this Part. (e) By byelaw under §§ 581, 582. (d) §§ 603, 605, 625, and Preliminary Note. (e) § 618, s. 1 (i.). (ƒ) Ibid. s. 1 (iii.). (g) Cf. § 605. (h) §§ 599, 600. (i) § 603, s. 2. Constant supply of pilots at Dun geness. 1854. s. 377. Ships from London(p) coming writing, under their common seal, that the prosecutor may proceed for the same (k). 623. Subject to any alteration to be made by the Trinity House (1) a sufficient number of qualified pilots (m) shall always be ready to take charge of ships coming from the westward past Dungeness; and the Trinity House (n) shall, by byelaw made under this Part of this Act (1), make such regulations with respect to the pilots under their control as may be necessary in order to provide an unintermitted supply of qualified pilots (6) for those ships, and to insure their constant attendance upon, and due performance of, their duty both by night and day, whether by cruising between the South Foreland and Dungeness, or by going off from shore upon signals made for the purpose, or by both of those means, or by any other means, and whether in rotation or otherwise, as the Trinity House think fit. 624.-(1.) Subject to any alteration to be made by the Trinity House (q), a master of any ship coming from the past Dun- westward, and bound to any place in the River Thames or take the Medway (unless she has a qualified pilot (6) on board, or first pilot. is exempted from compulsory pilotage (r)), shall, on the geness to 1854, s. 378. arrival of the ship off Dungeness, and thenceforth until she has passed the south buoy of the Brake, or a line to be drawn from Sandown Castle (s) to the said buoy, or until a qualified pilot (o) has come on board, display and keep displayed the usual signal for a pilot (†). (2.) If a qualified pilot (o) is within hail, or is approaching, and within half a mile, and has a pilot flag () flying in his boat, the master (n) shall, by heaving to in proper time or shortening sail, or by any practicable means consistent with the safety of his ship, facilitate the pilot getting on board, and shall give the charge of piloting his ship to that pilot; or if there are two or more qualified (k) Procedure, §§ 680-684; fine (1) By byelaw under §§ 581, 582. (n) Defined, § 742. (0) § 586. (P) So in Queen's printer's copy. Should be " the westward." (q) Under §§ 581, 582. (r) $$ 603, 625, and Preliminary Note to this Part. (8) Near Deal (t) § 615. (u) § 612, s. 1 (c.). |