pilots (u) offering at the same time, to such one of them as may, according to the regulations for the time being in force, be entitled or required to take charge of the ship. (3.) If a master (x) fails (y) to comply with the provisions of this section, or any of them, he shall for each offence be liable to a fine not exceeding double the sum which might have been demanded for the pilotage of his ship (2), and the fine shall be paid to the Trinity House (x), and be carried to the account of the Trinity House Pilot Fund (zz). in tion from compul the pilotage. 625. The following ships, when not carrying pas- Exemp sengers (a), shall, without prejudice to any general exemption under this Part of this Act (b), be exempted from sory compulsory pilotage in the London district (‹), and Trinity House outport districts (e); (that is to say,) (1.) Ships (r) employed in the coasting trade of United Kingdom (d) : 1854, s. 379. the Order in (2.) Ships (x) of not more than sixty tons burden : (u) § 586. (a) Defined, § 742. () Includes refusal; § 742. (a) A passenger must be under contractual obligation to the owner to pay a farc. Cf. the cases cited in note (k) to § 604. (b) Cf. § 603, and notes; § 604 prevents the exemptions in § 603 applying to ships trading between ports in the British Islands, if they carry passengers. (c) § 618, s. 1. (d) Cf. The Agricola (1813), 2 W. Rob. 10; The Lloyds or Sea Queen (1863), Br. & L. 359; The Winestead (1895), P. 170. This exception does not apply to vessels whose main cmployment is foreign trade, though carrying cargo from one port in the (e) "Trading was interpreted in Council, 1871. Rates of Pilotage. Rates of pilotage. 1854, s. 380. port (ƒ) in Europe north and east of Brest, or from the Channel Islands or Isle of Man to any port (ƒ) in Great Britain within the said London or Trinity House outport districts (g): (5.) Ships navigating within (h) the limits of the port to which they belong (i). Rates of Pilotage (Trinity House). 626.—(1.) Subject to any alteration to be made by the Trinity House (k) there shall continue to be paid to all Trinity House pilots, in respect of their pilotage services, such dues as are immediately before the commencement of Vict. c. 73, this Act payable to them in respect of those services (1). 35 & 36 s. 9. Pilotage dues for foreign ships for port of London. 1854, s. 381. (2.) The Trinity House may by byelaw made under this Part of this Act (k) repeal or relax, as to the whole or any part of their district, the provisions of this Part of this Act restricting the demanding, receiving, offering to pay, or payment of any pilotage rates other than those which may be demanded by law (m) so far as to allow any pilot or class of pilots under their authority to demand or receive, and any master to offer or pay, any rate less than the rate which may be demanded by law. 627. (1.) Subject to any alteration to be made by the in Great Britain to a port north of (f) Defined, § 742. (h) Interpreted in The Stettin 66 being within;" not that the navigation must be confined to that port. In The Hankow (1879), 4 P. D. 197, the ship was not exempt under this section, because she had passengers on board, or under § 603, because London was not a place for which no provision had been made under the exemption in the Act of 1825. Section 604 did not apply to her, because she was coming from Australia. In the General Steam Nav. Co. v. British and Colonial Co..(1868), L. R. 3 Ex. 330; 4 Ex. 238, The Thames had passengers on board, and therefore was not within § 625 of this Act; and the court did not decide whether pilotage was compulsory on within the port of London, but only that it was compulsory at Dungeness. her (i) § 13. Ships are registered at ports to which they do not regularly trade to get the benefit of compulsory pilotage. (k) Under §§ 581, 582. (1) Cf. § 582, s 6, and Schedule XXI. (m) § 592. Trinity House (n), and notwithstanding anything before contained in this Part of this Act, there shall be paid in respect of all foreign ships trading to and from the port of London, and not exempt from pilotage (0): (a) as to ships inwards, the full amount of pilotage dues for the distance piloted; and (b) as to ships outwards, the full amount of dues for the distance required by law. (2.) Payment of those pilotage dues shall be made to the chief officer of customs (p) in the port of London by the master (p) or other person having the charge of the ship, or by the consignees or agents thereof who have paid or made themselves liable to pay any other charge for the ship in the port of London. (3.) Pilotage dues under this section may be recovered in the same manner as other pilotage dues are recoverable under this Part of this Act (q). dues pay 628.-(1.) Subject to any alteration to be made by the Receipt and appliTrinity House (r), the chief officer of customs (p) shall, cation of on receiving any pilotage dues in respect of foreign ships, pilotage give to the person paying the same a receipt in writing; able by and in the port of London the ship may be detained (s) until foreign ships. the receipt is produced to the proper officer of customs at 1854, ss. that port. (2.) Subject to any alteration to be made by the Trinity House (r), the chief officer of customs (p) shall pay over to the Trinity House (p) the pilotage dues received by him in respect of any foreign ship; and the Trinity House shall apply the same: (a.) In the first place, in paying to any pilot (p) who may bring sufficient proof of his having had the charge of the ship such dues as would have been payable to him for the pilotage service if the ship had been a British ship (t), after deducting therefrom the poundage (1) due to the Trinity House and (n) Under §§ 581, 582. (o) §§ 603, 625, and Preliminary Note to this Part. (p) Defined, § 742. (8) § 692. (r) §§ 581, 582. (t) § 626. (u) § 630. 382, 383. (q) § 591. Settlement of difference as to of ship. 1854, s. (b.) In the second place, in paying to any unlicensed 629.-(1.) Whenever any difference arises between the master (z) and the qualified pilot (a) of any ship trading to or from the port of London as to her draught of water, the draught Trinity House shall, upon application by either party, made in the case of a ship inward bound, either within twelve hours after her arrival or at some time before she begins to discharge her cargo, and, in the case of a ship outward bound, before she quits her moorings, appoint some proper officer to measure the ship, and settle the difference accordingly. 384. Pilotage (2.) There shall be paid to the officer who measures the ship, by the party against whom he decides, one guinea if the ship be below, and half a guinea if the ship be above, the entrance of the London Docks at Wapping. Pilot Fund (Trinity House). 630. (1.) Subject to any alteration to be made by the Payments Trinity House (b), there shall continue to be paid to the to be made to the pilot Trinity House (z), and carried over to the Trinity House Pilot Fund: fund. 1854, s. 385. (a.) A poundage of sixpence in the pound upon the pilotage earnings of all pilots licensed by the Trinity House (c); (b.) A sum of three pounds three shillings to be paid on the first day of January in every year by every person licensed by the Trinity House to act as pilot in any district not under the superintendence of sub-com- (2.) If a qualified pilot (e) gives a false account of his earnings, or makes default in paying any sum due from him under this section, he shall for each offence be liable to a fine equal to double the amount payable (ƒ), and shall further be liable, at the discretion of the Trinity House (g), to suspension or dismissal (h). fund. 386. 631. Subject to any prior charges subsisting thereon by Applicavirtue of any Act of Parliament or otherwise, the Trinity cation of House Pilot Fund shall be chargeable in the first place 1854, s. with the payment of such expenses as the Trinity House (g) may duly incur in the performance of their duties in respect of pilots and pilotage; and after payment thereof shall (subject to any alteration to be made by the Trinity House) be administered by them for the benefit of those pilots licensed by them (i) after the first day of October, one thousand eight hundred and fifty-three, who are incapacitated for the performance of their duty by reason of age, infirmity, or accident, and of the widows and children of pilots so licensed, or of those incapacitated pilots only. sub-com Houses of 632.-(1.) The corporations of the Trinity Houses in Appointthe ports of Kingston-upon-Hull and Newcastle shall ment of appoint sub-commissioners (not being more than seven missioners nor fewer than three) for the examination of pilots in all by Trinity districts in which they have, before the commencement of Hull and this Act, been used to make such appointments (k), and Newcastle. may, with the consent of Her Majesty in Council (1), 387. but not otherwise, appoint like sub-commissioners for any other district situate within their jurisdiction. (2.) A pilotage district which is at the commencement of this Act under the authority of any sub-commissioners appointed by either of the said corporations shall not be (d) §§ 617, 618. (e) § 586. (f) Procedure, §§ 680-684; fine how applicable, §§ 699, 716. (g) Defined, § 742. (h) Appeal, § 610. (k) Cf. The Juno (1876), 1 P. D. 1854, 8. S.M.S.A. 2 I |