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pilotage to examine pilots, and give licences for them to pilot ships into or out of any ports, within the limits of their jurisdictions: Provided, that such sub-commissioners as have been already appointed, either by the said corporation of Trinity-house of Deptford Strund, or by the said corporations of the Trinity-houses of the ports of Hull and Newcastle, under the authority of any act or acts heretofore passed, shall continue to act in the same manner as if appointed under this act. $ 6.
Notice of appointment of pilots by the corporation of Trinity-house of Deptford Strond.-When and as soon as the said corporation of Trinity-house of Deptford Strond shall have licensed pilots for any particular port, and the coasts near, they shall cause notice of such licences to be published by fixing up such notice in writing at the Trinity-house, and at the Custom-house in London, and also at the Custom-houses of the ports for which, and for the coasts near the same, such licences shall be granted, and shall also afterwards cause such notice to be published in the London Gazette, and in one or more of the newspapers circulated in that part of the country where the ports shall be situated, which publication in the London Gazette shall be sufficient evidence of such notice having been given; and after a time to be limited in the said notice, which shall not in any case be less than six weeks from the publication thereof, and shall be proportionably more at the discretion of the said corporation, in relation to ships engaged in foreign voyages. all ships sailing into or out of the said ports, or upon the coasts thereof, (except as hereinafter mentioned) shall be piloted by such pilots only as shall be so licensed, and by no other pilots whomsoever. $ 7.
Corporation of Trinity-house shall establish rates for pilotage.—It shall be lawful for the said corporation of Trinity-house of Deptford Strond, and they are hereby required to establish, vary, and alter from time to time, as circumstances shall render the same necessary, rates of pilotage, in relation to all pilotage performed in any river, port, or place, or upon any coast whatever, by any pilot already licensed, or who shall be licensed by the corporation, upon their receiving certificates of examination from sub-commissioners, and proportioned as well to the size and draught of water of the vessels, as to the distance piloted, the detention and responsibility of the pilot, and other circumstances; of which establishment or alteration of rates notice shall be given, by hanging up printed tables thereof, corrected from time to time at the several Custom-houses at the ports to which the said rates apply; and no greater or less rates, or other reward for pilotage, shall under any pretence whatever, be demanded, received, paid, or offered, on pain of forfeiting £10 for every offence, as well by the person demanding, or receiving, as by the person paying or offering : Provided that ships returning by distress of weather, contrary winds, or on account of accident, into ports in the districts of the Isle of Wight, Plymouth, and Falmouth, shall be subject to pay one-half of the common pilotage in the said ports. $ 8.
Majority of pilots, or any ship-owner, being dissatisfied with rates, may appeal to privy council.-If the major part in number of the pilots licensed by the said corporation of Trinity-house of Deptford Strond, for any particular port, shall be dissatisfied with the rates; or in case any owner of any ship interested in such rates shall be dissatisfied therewith, it shall be lawful for such parties to appeal to his Majesty, in his privy council, and for any committee of such privy council, calling to their assistance such persons as they may think fit, to hear the matter of such appeal, and to settle, alter, and regulate such rates as to them shall appear expedient, in case the matter of appeal shall, in the discretion of the privy council, or committee, appear to require the making of any order therein. $ 9.
Licences to be granted for one year and renewable.—All licences to be granted under this act, by the said corporation of Trinity-house of Deptford Strond, shall be granted in the first instance until the 31st day of January next ensuing the date thereof; and the same licences, and also all licences heretofore granted by the said corporation which shall be in force at the time of the passing this act, shall be renewed and confirmed from year to year, up to and until the 31st day of January in every year, and no longer, at the discretion of the corporation, such renewal and confirmation to be by indorsement on such licences, signed by the secretary to the corporation, or by such other person or persons as shall be thereunto authorized by the corporation. § 10.
Corporation of Trinity-house may make by-laws and anner penalties for breach of them.-All persons licensed to act as pilots, or in pilot vessels, by the said corporation of Trinity-house of Deptford Strond, by virtue of this act, shall at all times be subject to the regulations and government of the corporation, who are authorized, as well for ensuring the good conduct and constant attendance of such pilots upon duty, as for enforcing the general purposes of this act, from time to time to make all such by-laws, rules, orders, regulations, and ordiDances as they think fit, therein directing also what annual or other sums shall be paid by any such pilots to the sub-commissioners for the examination of such pilots, and for granting and renewing or confirming their licences from time to time ; and it shall be lawful for the said corporation to annex such reasonable penalties for the breach of such bylaws as to them shall seem expedient, and from time to time to annul, alter, and amend all or or any of the existing by-laws, and to make such other and new by-laws, as they think proper, so as such by-laws be made conformable to the true intent of this act, and shall not be repugnant to the laws of this realm: Provided always, that no by-laws, rules, orders, regulations, or ordinances hereafter to be made by the said corporations, shall have force or effect before they shall have been examined, sanctioned, and approved by the chief-justice of the court of king's bench, or by the chief-justice of the court of common pleas, the sanction and approbation of either of which chief-justices shall be verified under his hand and seal ; and all such by-laws, rules, orders, regulations, and ordinances, when so made and confirmed, shall be observed and kept and put in execution, and have the same force and operation, to all intents as if the same were enacted by this act. $11.
Proposed by-laws to be previously transmitted to the privy council and to the commissioners of customs.—Copies of all such proposed bylaws, rules, orders, regulations, and ordinances, shall be transmitted to his Majesty's privy council, and to the commissioners of customs in London, three calendar months before the same shall be submitted to such chief-justice ; and the commissioners of customs are, upon receipt of such copy, to cause the same to be printed and hung up, as soon as can be, in the several custom-houses of the principal ports in Great Britain, there to be open to the inspection of all persons inlerested therein, at all seasonable times; and notice shall be given in the Gazette of such proposed by-laws being so hung up for inspection. § 12.
By-laws confirmed to be hung up in the custom-houses and the Trinity-house. — All such by-laws, rules, orders, regulations, and ordinances as shall be so made and confirmed as aforesaid, shall be printed, and shall be hung up in some public or conspicuous place in the several custom-houses of the ports of England, within the limits for which the pilots shall be licensed, and also at the Trinity-house in London. § 13.
The lord warden of the cinque ports to license pilots within certain limits.-From and after the passing of this act, it shall be lawful for the lord warden of the cinque ports and constable of Dover castle, or his lieutenant, and they are hereby required, to appoint and license fit and competent persons duly skilled as pilots, for the purpose of conducting all ships sailing from or by Dungeness, up the river Thames and Medway to* London-bridge and Rochester-bridge, and all the channels, creeks, and docks of the same, and from the south buoy of the Brake to the westward, as far as the west end of the Owers ; and all ships sailing as aforesaid (except as hereinafter provided) shall be piloted within the limits aforesaid by such pilots, and by no other pilots whomsoever : Provided always, that it shall be lawful, after the passing of this act, for any pilots heretofore licensed by the said lord warden and constable, or his lieutenant, to pilot any ship within such limits as such pilots might have piloted the same immediately before this act; and the licences so heretofore granted to such pilots shall continue in force notwithstanding this act, so that such pilots do in all things conform them. selves to the provisions of this act, and the regulations hereinafter directed. § 14.
No person shall take charge of any ship as a cinque port pilot, till he has been eramined and admitted.-No person shall, after the passing of this act, take charge of any ship or vessel, as a pilot belonging to the society or fellowship of pilots of Dover, Deal, and the Isle of Thanet, commonly called cinque port pilots, before he shall be examined by the master and two wardens, or by four wardens, of the said society or fellowship, and shall be approved and admitted into the society or fellowship by the lord warden of the cinque ports, and constable of Dover castle, or his lieutenant; and if any person shall presume to act as a pilot belonging to the said society or fellowship, without having been so examined, approved, and admitted, every such person shall for the first offence forfeit £10, for the second £20, and for every other offence £40. $15.
Nor of ships drawing more than certain draughts of water.-No person belonging to the said society or fellowship of pilots of Dover, Deal, and the Isle of Thanet, commonly called cinque port pilots, shall after the passing of this act be allowed to take charge as a pilot of any ship drawing more than eleven feet sir inches water, until he shall have been licensed and acted as a pilot for three years; or of any ship drawing more than fourteen feet water, until he shall have been licensed and acted as a pilot for two years more, making five years; or of any ship drawing more than seventeen feet water, until he shall have been licensed and acted as pilot two years more, making seven years in the whole ; and at the expiration of such period of seven years, such pilot shall be again examined as to his fitness, and if he shall be approved of and licensed on such examination, shall be authorized and entitled to take charge of any ships of any draught of water. $ 16.
Master and wardens of the fellowship shall take a certain oath.The master and such wardens of the said society or fellowship of pilots of the Trinity-house of Dover, Deal, and the Isle of Thanet, as shall be appointed from time to time to examine into the skill and
• But see 9 Geo. IV. c. 86. page 177.
ability of any person on his being first admitted as a pilot into the said society or fellowship, or after he shall have been licensed and served for seven years, shall take the oath marked (B.)* in the schedule annexed, to be administered unto him or them by the registrar of the court of loadmanage. $ 17.
A number of cinque port pilots shall constantly ply at sea.--A proper and sufficient number of pilots of the cinque ports, not less than eighteen at one time, and in succession from time to time, without intermission or any unnecessary delay, shall at all seasonable times, by day and night, constantly ply at sea, or be afloat between the South Foreland and Dungeness, to take charge of ships coming from the westward ; and such pilots shall not allow any ship having a signal for a pilot flying, to pass without attempting to board her; and upon proper signals being made at and from signal-houses now erected, or which may be erected on commanding situations near to Dover for that purpose, giving notice of the approach of any fleet of ships coming from the westward, all cinque port pilots not on duty at the time shall, according to such regulations as to number, rot on, or otherwise, as have been or shall be made in that behalf, forthwith prepare to go afloat, and shall go off in sufficient time to fall in with such ships, on pain of forfeiting, in case of neglect, for the first offence £20, and for the second the offender shall be suspended from acting as a pilot for twelve months, and for the third shall forfeit his licence to act as such pilot, and be rendered incapable of acting thereafter as a pilot. $ 18.
Masters of ships from the westward not having a pilot shall display a signal for one, and facilitate his getting on board.—The master of any ship coming from the westward, and bound to any place in the rivers Thames or Medway, not having a qualified cinque port pilot on board, shall on the arrival of such ship off Dungeness, and until she shall have passed the south buoy of the Brake, or a line to be drawn from Sandown castle to the said buoy, or have been at anchor for one hour, as hereinafter mentioned, display and keep flying the usual sigpal for a pilot to come on board ; and if any duly qualified cinque port pilot shall be within hail or approaching within half a mile, with the proper distinguishing flag flying in his vessel or boat, the master shall by heaving to in proper time or shortening sail, or by all practicable means, facilitate such pilot getting on board, and shall give the charge of piloting his ship to such cinque port pilot; and every person commanding any such ship, who shall not display and keep flying the usual signal for a pilot, (unless in the mean time a qualified cinque port pilot shall have come on board,) or who shall within the limits aforesaid decline to take on board the first qualified cinque port pilot who shall offer, or to give charge of his ship to such qualified cinque port pilot, or who shall not heave to, shorten sail, or otherwise consistently with the safety of the ship facilitate such pilot's coming on board, shall forfeit and pay double the amount of the pilotage of such ship: Provided always, that if any ship coming from the westward, and bound to any place in the rivers Thames or Medway, shall anchor
• I, A. B., do swear that I will diligently and impartially examine and inquire into the capacity and skill of
in the art of piloting ships and vessels over tbe fiats and round the Long Sand Head, and up the rivers of Thames and Medway, and into Ramsgate, Dover, Sandwich, and Margate harbours, and also upon the coasts of Flanders and Holland, and will make true and speedy return thereof to the lord warden of the cinque ports for the time being, or his deputy, without favour, affection, fee of reward. So help me God.
any where in the Downs between the South Foreland, and a line drawn from Sandown castle to the south buoy of the Brake, having any licensed pilot other than a qualified cinque port pilot on board, il shall not be necessary for the master to display or keep flying the usual signal for a pilot to come on board, any longer than for onc hour next after such ship shall so have anchored ; and it shall be lawful for any qualified cinque port pilot at any time before such ship shall have been at anchor one hour with such signal flying, to repair on board, and to take charge of her up the said rivers, but not other wise. $ 19.
Court of Loadmanage to settle the compensation to be paid to upper book pilots by lower book pilots.-It shall be lawful for the court of loadmanage from time to time to settle the amount of the deductions to be made from the rates received by lower book pilots, for taking charge of vessels of greater draught of water than they could before the passing of 52 Geo. III. by law take, and in what proportions and how, and in what manner, and to whom the same are to be paid, and how the same shall be applied in making compensation to the person's 'who were upper book pilots at the time of the passing of the said act, for the losses they may sustain by such lower book pilots taking charge of such vessels, provided that such deductions so to be fixed shall from time to time be diminished as such persons who were so upper book pilots at the time of the passing of the said act shall die, be superannuated, or discontinue to act as pilots, and such deductions shall be accepted in lieu of all other allowances whatsoever from the said lower book pilots, except trinity money, clerks' fees, and for widows. $ 20.
Cinque port pilots to be subject to the regulations of the lord warden. All persons licensed or to be licensed to act as cinque port pilots shal) at all times be subject to the regulations and government of the lord warden of the cinque ports and constable of Dover castle, and it shall be lawful for the master and wardens of the said society or fellowship of pilots of Dover, Deal, and the Isle of Thanet, and the lord warden of the cinque ports and constable of Dover castle, his lieutenant, and deputy lieutenant, or either of them, with the assent of the commissioners of loadmanage, present at an assembly called a court of load. manage to be held by the said lord warden or his deputy, as and when they shall see fit, to annul, alter, or amend the rules and regulations of the said lord warden or court of loadmanage, in force at the time of the passing of this act, and which are hereby directed to remain in force, and to make from time to time such other sufficient rules and orders for enforcing the due observance of the provisions of this act by all cinque port pilots, and for providing for the good government, constant attendance, and regulation of all such pilots in going off to and taking charge of, and conducting and navigating his Majesty's ships and vessels, and the ships and vessels in his Majesty's employ, and also all ships and vessels whatever and wheresoever, within the proper limits of such pilots, and wherein they shall for the time being act; and for effectually securing the performance of all the duties and services of such pilots at all times, and all alterations and amendments in such rules and regulations in force as aforesaid, and all other rules and regulations, or alterations or amendments thereof, hereafter to be made, shall, before the same are allowed to take effect, on any person or persons whatever, be printed and transmitted to the custom-house in London, and there hung up in some conspicuous place in the long room; and notices shall be published in the Gazette, and put up at the