Board of Trade may transfer beyond the limits of any pilotage authority, so, however, that no pilot so licensed be entitled to supersede an unlicensed pilot outside the limits of the authority by which he is licensed (b). By the Merchant Shipping Act, 1862, sect. 39, power is given to the Board of Trade, by provisional order, to do the following jurisdiction of things:pilotage authority and constitute pilotage authority. (1.) Whenever any pilotage authority residing or having its place of business at one port has or exercises jurisdiction in matters of pilotage in any other port, to transfer so much of this jurisdiction as concerns such lastmentioned port to any harbour trust or other body exercising any local jurisdiction in maritime matters at the last-mentioned port or to any body to be constituted for the purpose by the provisional order, or, in cases where the pilotage authority is not the Trinity House of Deptford Strond, to that body; or to transfer the whole or any part of the jurisdiction of the pilotage authority to a new body corporate or body of persons to be constituted for the purpose by the provisional order, so as to represent the interests of the several ports concerned : (2.) To make the body corporate or persons to whom the transfer is made a pilotage authority within the meaning of the principal act, with such powers for the purpose as may be in the provisional order in that behalf mentioned: To determine the limits of the district of the pilotage authority to which the transfer of jurisdiction is made; To sanction a scale of pilotage rates to be taken by the pilots to be licensed by the last-mentioned pilotage authority; To determine to what extent and under what conditions any pilots already licensed by the former pilotage authority shall continue to act under the new pilotage authority; (b) Orders in Council have been made authorizing the Trinity House of London and the Tyne Pilotage Commissioners to grant special pilotage licences under this provision. The Order in Council relating to the special pilotage licences to be granted by the London Trinity House is set out in the Appendix, "Orders in Council," p. 81; whilst the Order in Council obtained by the Tyne Pilotage Commissioners with respect to special licences is dated November 20, 1873. Pilotage licences for the North Sea, &c., are granted by the Trinity House of Hull under their charters and local act. See Appendix, "General Table of Pilotage Authorities in England and Wales," p. 118. To sanction arrangements for the apportionment of any pilotage funds belonging to the pilots licensed by the former pilotage authority between the pilots remaining under the jurisdiction of that authority and the pilots who are transferred to the jurisdiction of the new authority; as may To provide for such compensation or superannuation be just to officers employed by the former pilotage authority and not continued by the new authority: (3.) To constitute a pilotage authority and to fix the limits of its district in any place in the United Kingdom where there is no such authority; so, however, that in the new pilotage districts so constituted there shall be no compulsory pilotage, and no restriction on the power of duly qualified persons to obtain licences as pilots: (4.) To exempt the masters and owners of all ships, or of classes of ships, from being obliged to employ pilots in any pilotage district or in any part of any pilotage district, or from being obliged to pay for pilots when not employing them in any district or in any part of any pilotage district, and to annex any terms and conditions to such exemptions: any (5.) In cases where the pilotage is not compulsory, and where there is no restriction on the power of duly qualified persons to obtain licences as pilots, to enable any pilotage authority to license pilots and fix pilotage rates for any part of the district within the jurisdiction of such authority for which no such licences or rates now exist: (6.) In cases where the pilotage is not compulsory, and where there is no restriction on the power of duly qualified persons to obtain licences as pilots, to enable any pilotage authority to raise all or any of the pilotage rates now in force in the district or any part of the district within the jurisdiction of such authority: (7.) In cases where the pilotage is not compulsory, and where there is no restriction on the number of pilots, or on the power of duly qualified persons to obtain licences as pilots, to give additional facilities for the recovery of pilotage rates and for the prevention of the employment of unqualified pilots: (8.) To give facilities for enabling duly qualified persons, Duty of pilotage authorities to make returns to Board of Trade. after proper examination as to their qualifications, to obtain licences as pilots (a). By the Merchant Shipping Act, 1854, sect. 337, every pilotage authority must deliver periodically to the Board of Trade, in the form and at the times required by the Board, returns of the following particulars with regard to pilotage within the port or district under their jurisdiction (b) :— (1.) All bye-laws, regulations, orders, or ordinances relating (2.) The names and ages of all pilots or apprentices licensed (a) By s. 40 of the M. S. Act, 1862, the rules are given, which are to be observed with respect to provisional orders made in pursuance of the act. These are in substance as follows: 1. Application in writing for the order must be made to the Board of Trade by some persons interested in the pilotage of the district. 2 & 3. Notice of the application must be published, once in each of two successive weeks in the month immediately succeeding the time of the application, in the Shipping Gazette and in one of the county newspapers, stating the objects it is proposed to effect by the order. 4. The Board, before making an order, has six weeks in which to refer the application to the district pilotage authorities, and to consider any objections which may be made. 5. The Board may settle the order in such manner and with such terms and conditions as they may think fit, consistently with the provisions of the act. 6. No order is to take effect until confirmed by Parliament, for which purpose the Board is to introduce a public general bill, setting out the pro visional order. 7. Any portion of the order which may be petitioned against in its passage through Parliament, may be referred to a select committee, and the petitioner may appear and oppose. (b) These returns must be laid before Parliament by the Board of Trade. If pilotage authorities (other than the Trinity House of Deptford Strond and its sub-commissioners) fail to make these returns as required within a year from the time fixed by the Board of Trade, or if they do not allow the Board, or those appointed by it, to inspect their books and documents, the Queen may, by order in Council, suspend their powers for so long as she thinks fit, and during their suspension their powers and rights are to be exercised by the Trinity House. See ss. 338, 339. Provisional orders under this act have been made in several instances, and confirmed by Act of Parliament. For the more important of these acts see Appendix, "General Table of Pilotage Authorities in England and Wales," p. 110. scale for the time being in force, and the amounts received for the several classes of service rendered by pilots; and also the amount paid by such ships as have, before reaching the outer limits of pilotage water if outward bound, or their port of destination if inward bound, to take or pay for two or more pilots, whether licensed by the same or by different pilotage authorities; together with the numbers of the ships of each of these classes: (6.) The receipt and expenditure of all moneys received by or on behalf of the pilotage authority, or any sub-commissioners appointed by them, in respect of pilots or pilotage: The pilotage authorities must also allow the Board of Trade, or any persons appointed by it, to inspect all books or documents in their possession relating to the matters which are required to be returned to the Board. Under the Merchant Shipping Act, 1854, sect. 349, every PILOT qualified pilot on his appointment receives a licence (c), mention- LICENCES. ing his name and usual place of abode, together with a description of his person, and a specification of the limits within which he is qualified to act. The principal officer of customs at the place at or nearest to which the pilot resides must, upon his request, register the licence; and no qualified pilot can act as such until his licence is registered. Any qualified pilot acting beyond the limits for which he is qualified, is considered as an unqualified pilot. Under sect. 350, every qualified pilot is, upon receiving his licence, to be furnished with a copy of that part of the Merchant Shipping Act, 1854, which relates to pilotage, and of the rates, bye-laws and regulations established within the district for which he is licensed; and he must produce these copies to the master of any ship, or other person employing him, when required to do so, under a penalty not exceeding 57. By sect. 351, every qualified pilot, while acting in that capacity, must be provided with his licence, and produce it to every person by whom he is employed, or to whom he tenders his services as pilot. If he refuses to do so he incurs for each (c) See the M. S. Act, 1854, s. 333. As to the licences of the pilots licensed by the Trinity House of Deptford M.P. Strond, see the M. S. Act, 1854, s. 370, S PILOT BOATS. COMPULSORY (GENERAL). offence a penalty not exceeding 107., and is subject to suspension or dismissal by the pilotage authority by whom he is licensed. By sect. 352, every qualified pilot, when required by the pilotage authority who appointed him, must produce or deliver up his licence; and on the death of any qualified pilot the person into whose hands his licence happens to fall must, without delay, transmit the same to the pilotage authority which appointed the deceased pilot. Non-compliance with these provisions subjects the offender to a penalty not exceeding 107. (d). The Merchant Shipping Act, 1854, provides also for the approval and licensing of pilot boats by the pilotage authorities, and for the mode by which they are to be distinguished. By sect. 345, all boats and ships regularly employed in the pilotage service of any district are to be approved and licensed by the pilotage authority of the district, who may, at its discretion, appoint and remove the masters. Sect. 346 contains regulations with reference to the painting of the pilot boats black, with the name of the port and owner on the stern in white. The number of the licence must also be painted on the bows (e). This section also regulates the flags which these boats must carry. The master is liable for a breach of these regulations to a penalty not exceeding 207. By sect. 347, when any qualified pilot is carried off in a boat or ship not in the pilotage service, he must, subject to a penalty not exceeding 501., exhibit the prescribed flag, in order to show that the boat or ship has a qualified pilot on board. By sect. 348, if any boat or ship, not having a licensed pilot on board, displays a flag such as a pilot boat is required to carry, a penalty not exceeding 507. is incurred, to be recovered from the owner or master of the boat. With respect to the compulsory employment of pilots (ƒ), the (d) A pilot who has been called upon under this section to deliver up his licence cannot set up as an excuse that the pilotage authority has acted in an arbitrary or capricious way. Henry v. Newcastle Trinity House Board, 8 E. & B. 723. (e) The regulations of the Trinity House of Deptford Strond require in addition that the number of each pilot boat licensed by it should be marked on the mainsail or trysail. The Board of Trade have, under the powers given them by the 3rd section of the M. S. Act, 1873, exempted pilot boats from such of the provisions of that section as require the name to be marked on the bows, and the name of the port of registry to be marked on the stern, and a scale of feet to be marked on the stem and stern. (f) As to the liability of the owners in cases where the pilot is employed by compulsion of law, see infra, p. 281. |