« EdellinenJatka »
Pilots misbeharing or acting after licence been recalled. In case it shall appear to the trustees that any pilot shall have misbehaved in the conducting of any ship, or in the execution of any other part of his duty as a pilot, or if such pilot shall refuse to obey any suinmons of the said trustees, requiring his appearance, or shall not obey all such orders as the said trustees shall make, or in anywise offend or misbehave as a pilot, in any such case the said trustees, upon examination thereof, are hereby authorized to recall the licence granted to such pilot, and to declare the same to be froin thenceforth revoked and utterly void, or to suspend such pilot for such time as the said trustees shall think proper; and if any such person so offending or misbehaving (after notice in writing of his licence being recalled, or of his being sus. pendeid, given to him or them in person, or left at his usual place of abode,) shall presume to act as a pilot in conducting any ship or vessel into or out of the port of Chester, he shall forfeit ten pounds. $ 36.
Security to be given for pilotage of outward-bound vessels.— If any pilot shall be requested by the master, commander, owner, or agent of any ship outward-bound, to take the charge of such ship, it shall be lawful for such pilot, previous to his taking such charge, to demand a sufficient security from such master, &c. for the payment of such pilotage outward, according to the rates hereinafter mentioned, or that shall be fixed by the said trustees; and if such commander, &c. shall refuse to pay such rates, or give such security, then such pilot may refuse to pilot such ship, without being subject to any of the penalties inflicted by this act. 37.
And for preventing exorbitant demands being made by any pilot for the piloting any ship into or out of the said port, no greater rates for pilotage shall be demanded or taken by any such pilot than hereinafter mentioned. $38. For the Table, see page 222.
Pilot offering to inward-bound vessels and refused, and leading the way with his boat.-In case the master of any ship inward-bound shall refuse to take on board and employ a pilot so licensed, who shall offer his service, such master shall pay to the pilot who first boards him, or offers his service, the full pilotage inwards, according to the different rates authorized by this act, as if the said pilot had been received and employed in piloting such ship; and notwithstanding such refusal, the pilot is hereby required to attend and lead the way with his boat, until such ship shall be brought to an anchor at Dalpoole or Parkgate within the port of Chester, before such pilot shall be entitled to any pilotage under this act. $ 42.
If no pilot offers.-If no pilot shall offer his service before any ship shall have passed by or got to the eastward of Chester-bar, the master may refuse to employ or pay any pilot who may afterwards offer to take the charge of such ship. § 43.
Masters in the coasting and Irish trades may pilot their own vi ssels, and any person assist a ship in distress. This act not to prevent the master of any ship in the coasting-trade, or trading to or from Ireland, from piloting bis own ship into or out of the port of Chester, without being subject to the payment of the said rates for pilotage ; nor to hinder any person from assisting any ship in distress, or to subject such person to any of the penalties in this act. § 44.
Master to give the pilot an account of the draught of water of his ship, &c.—The master of every ship is required to give a true account to the pilot employed in piloting such ship, of the draught of water such ship shall draw; and in case the pilot so employed shall suspect the truth of the declaration of such master, such pilot is hereby authorized to admeasure, or cause such ship to be admeasured, in order to find the true draught of water such ship shall then draw. $ 45.
On non-payment of pilotage, trustees may distruin.-In case any owner or master, or any other person having or taking upon himself, or appearing to have or take, the command or charge of any ship chargeable with the respective rates for pilotage hereby authorized to be paid, shall refuse to pay the same, it shall be lawful for the trustees appointed by this act, or for their receiver, to recover such rates by distress and sale. $ 46.
Chester pilot-boats to carry two masts. $ 47.
Liverpool pilots may take the charge of Chester ships in certain cases, &c.—If any ship at sea, or to the westward of Chester-bar, bound for the port of Chester, shall be met by a Liverpool pilot, and no Chester pilot near at hand, or in sight, it shall be lawful (if the master of such ship shall think proper, but not otherwise,) for the said Liverpool pilot to take the charge of such ship until he shall arrive or come to an anchor at Dalpoole, in the port of Chester; and also that the Liverpool pilots shall be allowed to take the charge of piloting his Majesty's ships into or out of the port of Chester at all times whatever. $ 48.
Trustees empowered to lessen the rates, &c.—It shall be lawful for the said trustees at any of their general quarterly meetings, to alter or reduce the rates of pilotage hereby made payable, and also to advance and raise the same again, so as such rates, when raised again and advanced, do not exceed the rates hereinbefore made payable and directed to be taken by pilots. $ 49.
Trustees empowered to fix rates for piloting small distances.—Trustees, at any of their quarterly meetings, to fix the rates of pilotage from one place to another, for any distance within the intermediate space
between the Great Ormshead aforesaid and the said city of Chester; so as such rates in the whole do not exceed the rates hereinbefore fired for piloting any ship or vessel from the length of the Great Ormshead aforesaid to the city of Chester aforesaid, inwards or outwards, according to the season of the year. $ 50.
Trustees empowered to make by-laws for the regulation of pilots, &c. and fix penalties not exceeding five pounds for any offence; so as such by-laws be not repugnant to the laws of the realm; and be hung up in the Custom-house, Chester; and Custom-house or Dock-office, Liverpool. $ 56.
Mayor of Chester or justices of the peace to hear and determine offences against this act. $ 60.
Trustees may mitigate penalties to one-half. $ 61.
One-half the penalty to be paid to him who sues, the other to the trustees. $ 62.
Persons aggrieved may appeal to the quarter-sessions. $ 65.
TABLE OF THE RATES OF PILOTAGE.
Winter Sea- Summer bes
son ficm 1 SCD from 1 October to April to 80 81 March September.
BRITISH Ships, from the length of the Great Ormshead 8. d. on the coast of Wales, bearing south and by west, to
90 7 0 the city of Chester, for every foot of water such ship shall draw, per foot....
Out from the city of Chester to the length of the Great Ormshead, for every foot of water such ship 6 0 5 0 shall draw, per foot. ...
- Vessels in the coasting or Irish trade to pay only half the rates, ($ 39,) but not lo pay for less than eight feet draught of water. ALIEN ships, from the length of the Great Ormshead on the coast of Wales, bearing south and by west,
18 0 10 0 to the city of Chester, for every foot of water such ship shall draw .... out of the said port ...
0 And so in proportion for half a foot of water in any of the cases aforesaid ; but no allowance to be made for odd inches above or under half a foot.
Although the following does not belong to Pilotage, it is nevertheless so immediately in connexion with it, that it is thought it will be useful to insert it here :
Trustees may grant licences to persons for tracking or towing vessels to and from the city of Chester. Towers acting without licence to forfeit ten pounds. 16 Geo. III. c6l. 50. Rates for TOWING OR TRACKING. $ 51.
Prom 1 October Prom 1 April to
to 31 March 30 September. Any ship or vessel from the city of Chester to the New Quay) £ s. d. £ 8. d.
in the River Dee, or from the New Quay to the said city 15 0 1 1 0 of Chester, the sum of.....
The trustees are empowered to lessen the rates of towers or trackers, and may raise then again. $ 52.
Trustees may suspend or vacate licences granted to towers or trackers. 953.
BALLAST.- Penalty on discharging within high-water mark.-If any person whomsoever shall discharge or cast out of any ship or vessel, being within the port of Chess ter, any gravel, ballast, or rubbish, (except only on the land where tide never flows,) every such person so offending shall forfeit and pay the sum of ten pounds. 8 57,
(See 6 Geo. IV. c. 125. 9 89. page 176.) An Act for the better Regulation and Encouragement of Pilots for the conducting of Ships and Vessels into, or out of, the Port of Liver
5 Geo. IV. c. 73. (local) Whereas an act was passed in the 37th year of Geo. III. c. 78. for the better Regulation and Encouragement of Pilots for the conducting of Ships and Vessels into and out of the Port of Liverpool ; and whereas it is expedient that the same should be repealed, and that other provisions should be made for carrying into execution the good purposes thereby intended ;-the recited act is therefore repealed. $ 1.
But not to revive any act thereby repealed. $ 2.
Commissioners appointed to put the act in execution.—The Mayor, Aldermen, Bailiffs, and Common Councilmen of the borough and corporation of Liverpool for the time being, and sundry persons therein mentioned by name, are appointed to put this act in execution ; any thirty-one of whom (whereof the mayor shall be one) are to appoint a committee of thirteen, any five or more of whom may use and exercise the several powers and authorities vested in them by this act for the term of three years, or until other persons shall be chosen in their place. Committee to acknowledge their acceptance of the trust by an instrument in writing. $ 3, 4.
The succeeding clauses relate to the regulation and appointment of the various officers, treasurer, accounts, &c. § 5 to 15.
Committee to examine and grant licences to pilots.-It shall be law. ful for the committee, or any five or more of them, to examine into the skill and ability of any person, of the age of eighteen years or upwards, (who shall have served as an apprentice in any of the Liverpool pilotboats for not less than three years under the provisions of the former act, or of this act, or of both, or under the provisions of any by-law, and who shall tender himself, with the consent of his master,) to be admitted as a pilot within the port of Liverpool, and also to examine and inquire into the skill and ability of any other person not having so served, who shall tender himself to be admitted as a pilot, and whom the said committee shall think proper, the exercise of their discretion, to admit to such examination, as well by the examination of witnesses, as by such other ways and means as to them shall seem proper ; and if upon such examination the person so offering himself be approved of, he shall receive a licence or warrant containing his name, age, stature, complexion, and place of abode, and certifying that he is duly qualified to act as a pilot, to conduct vessels into and out of the said port of Liverpool ; which licence or warrant shall be subscribed with the handwriting of five or more of the said committee, and from thenceforth such person shall be deemed duly qualified to exercise the occupation of a pilot for the port of Liverpool. $16.
Pilots to pay for first licence £6.6s., and afterwards £3. 3s., and the licence to be in force for one year.—Every licence shall be in force until the end of the year for which the same was granted; and for the first licence, whether the same be granted upon the first adinission of such person as a pilot or not, there shall be paid to the clerk of the said committee the sum of £6. 6s., and for the second and every subsequent licence the sum of £3. 38.; all which licences, and the persons to whom they shall be granted, shall be subject to the several provisions in this act contained, and to such orders, rules, and by-laws as shall be made in pursuance thereof; and no licence shall continue in force longer than one year from the date thereof. § 17.
Persons acting without a licence to forfeit £20.-If any person shall take upon himself to pilot any ship or vessel into or out of the port of Liverpool, who shall not have been admitted as a pilot by the committee, and shall not have received a licence for that purpose, or shall, after the expiration of such licence or warrant, continue to act as a pilot without a renewal of the same, every such person shall forfeit £20. § 18.
Pilots misbehaving to have their licences recalled ; and if they act afterwards, to be liable to the same penalties as if they were not pilots.In case any pilot shall refuse to take the charge or conduct of
of his Majesty's ships, or any ship in the merchants' service, upon a proper signal being made, or guns fired by any ship inward-bound, or at the request of the master, owner, agent, or consignee, of any ship outwardbound; or in case it shall appear to the committee that such pilot shall have misbehaved himself in the conduct of any ship, or in the execution of any part of his duty as a pilot; or if any such pilot shall refuse to obey any summons of such committee requiring his appearance, or to obey the orders of such committee, or shall anywise offend against this act; then such committee, upon proof thereof, are authorized to recall the licence granted to such pilot, or to suspend the same for such time as the said committee shall think proper; but such suspension shall not affect the right of such pilot to be interested in pilot-boats, under the provisions of this act; and if any such person so offending shall, after such declaration and notice thereof given to him in person, or left at his usual place of abode, act as a pilot in the conducting of ships into or out of the port of Liverpool, he shall be subject to all the penalties inflicted by this act on persons acting as pilots without a licence. $19.
Prices of piloting British ships.—No greater rates shall be taken by such pilot than what are hereinafter mentioned ; that is to say, for piloting any ship belonging to his Majesty's subjects into the said port of Liverpool, not less than 6s. nor more than 9s. for every foot of water such ship shall draw, and so in proportion for every half foot of water such ship shall draw; and for piloting any such ship out of the said port, not less than 38. and not more than 5s. for every foot of water such ship shall draw, and so in proportion for every half foot of water such ship shall draw; but no allowance shall be made for any draught of water above or under half a foot :-Provided, that in case any such ship bound to the said port of Liverpool shall not be piloted by one of the pilots so licensed, from the distance of the Great Ormshead on the coast of Wales, then not less than 58. nor more than 88. per foot, for every foot of water such ship shall draw, shall be paid for such pilotage, and so in proportion for every half foot of water which such ship shall draw in each of the cases aforesaid; but no allowance shall be made for any draught of water above or under half a foot :- Provided, that every master or other person having the command of any ship in the coasting trade, including such as trade to or from Ireland, the islands of Faro or Ferro, Guernsey, Jersey, Alderney, Sark, and Man, which