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lawfully licensed, with the consent of the said corporate bodies of persons by whom respectively such pilots have been appointed, to constitute a joint stock company or companies, for the providing and maintaining of such pilot-vessels, which companies and the said ves sels shall at all times be subject to such rules and regulations as shall be sanctioned and approved in that behalf by the corporate bodies, or persons by whom such pilots shall have been licensed. $ 31.
How pilot-boats are to be distinguished.-Every pilot boat or vessel, or other boat or vessel, in the pilot service of any corporation or society established by law, in relation to pilotage, or of or belonging to any person authorized to act as a pilot by such corporation or society, shall, at all times, and on every station, be fitted with black sides, and have the upper streak next the gunwale painted white, and shall while afloat carry a flag at the mast-head, or on a sprit or staff, or in some other equally conspicuous situation, which flag shall be of large dimensions, proportioned to the size of the boat or vessel, and shall be half red and half white, in horizontal stripes, of which the uppermost shall be white, and the same shall, at all times, be kept and preserved in a clean and distinct condition, so as to be easily diso cerned at a proper distance; and every such boat or vessel shall also have the name of the principal pilot painted in broad white letters of three inches in length, on a black ground, on her stern, and on each bow such number as shall be expressed in the licence of such prins cipal pilot, which name and number shall not be concealed by any person at any time, on pain of forfeiting, for the omission or evasion of any of the provisions hereinbefore made, £20, to be paid by the senior pilot on board, who is hereby declared answerable for the due observance of the matters aforesaid, by every person on board such boat or vessel ; and in case any pilot shall be carried off in any boat not in the service of any such corporation or society, such pilot shall exhibit a similar flag at the mast-head, or on a sprit or staff, to disa tinguish that such boat has a pilot on board, on pain of such pilot so carried off forfeiting £20, unless he shall show reasonable cause for having omitted to exhibit such flag. $ 22.
PT to Penalty for carrying flag without having pilot on board. If any boat or vessel, not having a licensed pilot on board, shall without lawful authority carry such distinguishing flag, the owner or owners, or the master, displaying or carrying such flag, shall forfeit £100, $.33.
Boat running before a vessel, not having a pilot, and which cannot be boarded, entitled to pilotage.--If any boat or vessel shall run before any ship not having a licensed pilot on board, when such ship cannot, from circumstances, be boarded for the purpose of directing her course, until a pilot can be put on board, the pilot on board such boat or vessel, or if no pilot shall be on board, and the person having charge of her shall run her before such ship, at the request or by the direction of the master, then such person having charge of such boat or vessel shall be entitled to the full pilotage for the distance run, until a licensed pilot shall be put on board, as if such pilot or person had been actually on board such ship, and had the charge of her as a pilot. $34.
Name, &c. of pilots appointed to be transmitted to the Trinity-house, and a list of all pilots annually to the Trinity-house and Customhouse. After the passing of this act, all bodies politic and corporate, and all other persons, authorized to appoint or license pilots in or for any port of England, or any of the seas, coasts; '1 arbours, or river thereof, or places therein, shall from time to time, as and when éact appointment of a pilot shall be bý'tliem made, fürtliwith transmit to the corporation of Prinity-louse of Deptford Strond, at the Trinityhouse in London, and to the commissicners of customs, at the Cuštom-house in London, the christian and surname, age, and place of residence of every such pilot, distinguishing the limits within which sach pilot is appointed to act, and by whom such appointment is made; and the said bodies politic and corporate, and other persons, shall transmit to the said corporation of Trinity-house, at the Trinityhouse aforesaid, and to the said commissioners of customs, at the Custom-house aforesaid, annually, on the thirty-first day of December, Of within one calendar month afterwards, a list, corrected up to the said thirty-first day of December in each year, of the names and residences of all the pilots within their several jurisdictions, in which list so to be transmitted to the Trinity-house, shall be stated all such alterations (if any) as may have been made in the rates of pilotage charged, or in the rules and regulations for governing pilots within their districts. $ 35.
Commissioners of customs to transmit to their principal officers at ports in England the names of pilots residing within the limits of each port. The commissioners of customs shall from time to time transmit to the principal officers at the several ports in England, the names and residence of all pilots of whose nomination they shall receive botice from the proper authority, or who shall be in the list annually transmitted to such commissioners as shall reside within the limits of esch port; in order that the said principal officers may be enabled to deliver to every pilot, within the limits ( f such ports, copies of all proclamations or orders in council respecting the performance of quarantine by ships arriving from infected places, which the said officers are to communicate accordingly. § 36.
List of ressels employed for pilotage to be annually transmitted to the recerrer of sirpenny duty in the port of London.-The corporation of Trinity-house of Deptford Strond, and the court of loadmanage of the cinque ports, and all other corporations and persons authorized under any act of parliament or charter, shall annually, on the first of January in every year, or within one calendar month following, transmit to the office of the receiver of the sixpenny duty in the port of London a list of all vessels employed by them for pilotage, with the number of men and boys serving in such vessels. $37.
No pilot shall be taken to sea beyond his limits without his consent. Yo pilot shall be taken to sea beyond the limits of his district by the commanding officer of any of his Majesty's ships, or by the master of any other ship whatever, without such pilot's free consent, except under circumstances of absolute necessity; and then every pilot so taken to sea shall over and above his pilotage receive 10s. 6d. per diem, to be computed from and inclusive of the day next after the day on which the ship shall pass the limit to which such pilot was engaged to pilot her up to, and until he shall be returned to the port where he was taken on board, or until he shall have been discharged from the ship for a sufficient time to have enabled him to return there. $ 38.
Pilots shall qualify themselves, and conduct ships into and out of certain harbours of safety.—All pilots whose licences shall authorize them to pilot ships from any place to the westward up to London bridge, shall qualify themselves, and shall be examined as to their
qualification to conduct any ship into and out of Ramsgate harbour, and the harbours of Dover, Sandwich, 'and Margate, and shall be obliged to pilot any ships into and out of the said harbours; and if any such pilot shall refuse, such pilot shall forfeit all pay and reward to which he might otherwise have been entitled for the pilotage of such ship, and shall be subject to such fine or other punishment as shall be established by the by-laws. $39.
Provided always, that every licensed pilot who shall take charge of and conduct any ship into or out of Ramsgate harbour, or into or out of the harbours of Dover, Sandwich, or Margate, shall receive for such pilotage 5s. for every foot of the draught of water of the ship 'so piloted. $ 40.
Ships repairing to places for performance of quarantine.-The master commanding any ship bound to the River Thames, and which shall repair to Standgate Creek, or other place appointed for the performance of quarantine, shall pay the full charges of pilotage up to Standgate Creek, or the place so appointed, and the pilot shall be entitled to the further sum of 8s. per diem for the days he shall be obliged to remain on quarantine. $ 41.
Pilots quitting ships in the Thames or Medway.-If any pilot taking charge of any ship into the Thames or Medway shall quit such ship at Gravesend or Standgate Creek, or in any other part of the Thames or Medway, before such ship shall have arrived at the place to which she is bound in the said rivers, without the consent of the captain, unless some other qualified pilot shall with such consent come on board, and shall take the charge of such ship, every such pilot shall forfeit all pay or reward to which he might be entitled for having piloted such ship to Gravesend, Standgate Creek, or such part as aforesaid, and shall also be subject to such other penalty or punishment as by virtue of this act, or of the by-laws, any pilots shall be liable to for quitting a ship before she shall arrive at her place of destination. $ 42.
Pilot to write his name in log-book.--Every pilot shall write his christian and surname in the log-book of any ship entering the port of London, and required to be piloted according to this act; and every pilot or other person inserting a false name shall forfeit £20, and the master shall, in making the entry of such ship inwards, insert in such entry the name or names of the pilot or pilots employed to pilot such vessel into the said port, which insertion shall be made in the said entry (without fee) by the proper officer of the customs, who shall report the same to the corporation of the Trinity-house daily, and to the lord warden of the cinque ports monthly; and such officer is to reject such entry, unless the name or names of the pilot or pilots shall be inserted or notified to such officer for insertion in such entry; and the principal searcher or clearing officer of customs at Gravesend shall demand and take the name or names of the pilot or pilots of all ships clearing outwards from the port of London, and shall transmit monthly lists of such names to the Trinity-house on pain of forfeiting not exceeding £10, nor less than £5, to be paid by each of the per sons aforesaid who shall neglect to comply with any of the foregoing regulations. $ 43.
How pilotage of ships may be recovered.--All sums due for the pilotage of any ship, except ships not having British registers, trading to and from the port of London, shall be recovered from the owners or masters, or from the consignees or agents, who shall have paid or
made themselves liable to pay any other charge for the said ship in the port of her arrival, as to pilotage inwards; and in the port from whence she shall clear out as to pilotage outwards, which sums shall be levied in the like manner, according to the amount, as any penalty of the like amount may be recovered and levied under this aci, demand thereof being made in writing fourteen days before such levy. § 44.
Consignees or agents may retain pilotage.--The consignees or agents of any ship, from whom any sum for pilotage shall have been recovered, or recoverable, or by whom any such sum shall have been paid, are empowered to retain out of any monies which they may have received, on account of such ship, or the owners thereof, so much as shall be sufficient to pay such pilotage and expenses. $ 45.
Pilotage of ships not having British registers.--From and after the passing of this act, the master of every ship which shall enter into or sail from the port of London, or the consignees or agents, shall pay at the Trinity-house in London, the full pilotage inwards and outwards of every such ship; that is to say, in all cases as to pilotage outwards the full amount of pilotage for the distance which such ship shall by law be required to be piloted ; and so far as concerns the pilotage inwards, where a licensed pilot shall have been on board, the full amount of pilotage for the distance piloted, if greater than that which such ship shall be required to be piloted ; and if less, or if no such pilot shall have been on board, then the full amount of the pilotage for the distance which such ship shall be by law required to be piloted; and if such pilotage inwards be not paid within fourteen days from the day of such vessel's reporting inwards, the same shall be recovered by the said corporation from the master, or from the consiguees or agents, liable to pay any other charge for such ship in the port of London, and shall be levied in the like manner, according to the amount, as any penalty under this act. $ 46.
Certificate of payment of pilotage to be given. The persons appointed by the Trinity-house of Deptford Strond, shall, upon receiving such pilotage, give to the person paying the same a certificate thereof in writing, and no ship not having a British register, and being required by law to be piloted, shall be cleared at the office of customs in the port of London, on her outward-bound voyage, without the production of such certificate ; and the said persons aforesaid shall, upon proof to the satisfaction of the said corporation that such pilotage service hath been performed, pay over to the pilot licensed, who shall have had charge of every such ship, all such sum or sums as shall have been received by such persons, and as shall be due to such pilot for such pilotage service, after deducting thereout the poundage hereinbefore made payable to the said corporation ; and the residue of such pilotage shall, together with the poundage aforesaid, be carried to and applied to the purposes of the pilot's fund of the said corporation of Trinity-house hereinafter mentioned. $ 47.
Unlicensed persons who have piloted in the absence of a licensed pilot.-In any case where such pilotage shall have been received, for any ship not having a British register, if it shall appear to the said corporation that no licensed pilot was in fact employed, it shall be lawful for the said corporation, if they shall think fit, out of such pilotage to give to any unlicensed person who shall have piloted or assisted in piloting such ship during so long time as no licensed pilot shall have offered to take charge thereof, such compensation as in the
discretion of the said corporation they shall deem proper, not
exceeda ing the sum payable to a licensed pilot.r $48.1, 10 Pilotage outward of foreign vessels. The rates or amount of rilotage outward, to be payable in respect of all such ships, shall be calculated according to the scale of the tonuage of every such ship according to which such ship shall be rated in the port of London, to the payment of the light and other dues payable to the Trinity-house, or according to the draught of water thereof, as the Trinity-house shall think most proper. § 49.
Controversies respecting the draught of water.-Whenever any difference about the draught of water of any ship shall arise between the master, and any person who shall have piloted the same into the said river, or who shall be required to pilot the same therefrom, pursuant to this act, the said corporation of Trinity-house, or some officer appointed by them, shull admeasure the draught of water of such ship, and shall settle the same between the parties, upon application made by either, within twelve hours after such ship shall have arrived at her moorings, on any inward voyage, or before the cargo shall be begun to be unladen, or before such ship shall quit her moorings on any out: ward voyage, for which admeasurement the officer shall be paid one guinea if the ship shall be below the entrance to the London Docks and half a guinea if above the entrance to the London Docks, by the person against whom the officer so appointed by the Trinity-house shall decide, iş 50.". qTrinity-house to make regulations with respect to pilotage of small foreignžvessels. - It shall be lawful for the Trinity-house from time to tiine, at discretion, to make all such regulations in relation to the piloting of ships not having British registers, bringing fish, corn, of other provisions into the port of London, and which ought to be piloted by pilots licensed by the said corporation, for the ease and rel lief of such ships in respect of the rates of pilotage hereby payable, or for the exemption of such ships from any such rates, or from any rules as to the pilotage under this or other acts, or under any law or usage whatsoever, as the said corporation shall deem just, in relation to such ships. $ 51.
Funds for relief of indigent pilots, &c.--As well the fund already created for superannuated and infirm pilots belonging to the Trinityhouse, as also all such surplus rates by this act imposed, on ships not having British registers, which shall pertain to the establishment of the Trinity-house, shall be carried to a fund to be called “The Pilots' Fund," and such fund shall be applied by the corporation in manner following; (that is to say,) after defraying the expenses of carrying this act into execution, so far as concerns the Trinity-house, the said fund shall be applied by the said corporation for the better support, maintenance, or relief of such indigent pilots belonging to the corporation, as shall become incapable of discharging their duty from advanced age, or from any accident or infirmity, and of the wives, widows, and children of such pilots, to be applied in such manner and under such rules as the corporation shall order; and as well the fund already created for such superannuated and infirm pilots belonging to the society or fellowship of the cinque ports as aforesaid, as also all such surplus rates of pilotage by this act imposed or to be imposed as aforesaid on ships not having British registers which shall pertain to the establishment of the cinque ports, shall be applied by the said court of loadmanage for the better support, maintenance, or relief of