person making a fraudulent alteration in the marks on the stern or stem post of his ship denoting her draught of water, the offender incurs a penalty not exceeding 5007. (7). Although a pilot is in some respects in the position of an ordinary mariner, there is no implied contract between the owners of a ship and a pilot who they are compelled to employ that the pilot shall take upon himself the risk of injury from the negligence of the shipowners' servants, and an action will lie by the pilot against the shipowners for injuries caused to him whilst acting as pilot on board their vessel by the negligence of their servants (m). QUALIFIED By the Merchant Shipping Act, 1854, sect. 365, if any quali- OFFENCES OF fied pilot commits any of the following offences; (that is to PILOTS. say,) (1.) Keeps himself, or is interested in keeping by any agent, (2.) Commits any fraud or other offence against the revenues (5.) Acts as pilot whilst suspended: (6.) Acts as pilot when in a state of intoxication: (7.) Employs or causes to be employed on board any ship of which he has the charge, any boat, anchor, cable, or other store, matter, or thing beyond what is necessary for the service of the ship, with the intent to enhance the expenses of pilotage for his own gain or for the gain of any other person: (8.) Refuses or wilfully delays, when not prevented by illness or other reasonable cause, to take charge of any ship within the limits of his licence upon the signal for a pilot being made, or upon being required to do so by the (See the M. S. Act, 1871, s. 5; the M. S, Act, 1873, s. 3. (m) Smith v. Steele, L. R., 10 Q. B. 125. master, owner, agent or consignee, or by any officer of the pilotage authority by whom the pilot is licensed, or by any principal officer of Customs: (9.) Unnecessarily cuts or slips or causes to be cut or slipped any cable belonging to any ship: (10.) Refuses, on the request of the master, to conduct the ship of which he has the charge into any port or place into which he is qualified to conduct her, except on reasonable ground of danger to the ship: (11.) Quits the ship of which he has the charge, without the consent of the master, before the service for which he was hired has been performed: For each such offence, in addition to any liability for damages at the suit of the person aggrieved, he incurs a penalty not exceeding 1007., and is liable to suspension or dismissal by the pilotage authority by which he is licensed; and every person who procures, abets, or connives at the commission of any of these offences incurs, in addition to this liability for damages, a penalty not exceeding 1007., and, if a qualified pilot, is liable to suspension or dismissal by the pilotage authority by which he is licensed. By sect. 366, if a pilot, when in charge of any ship, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction, or serious damage of the ship, or tending immediately to endanger the life or limb of any person on board, or if any pilot, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done for preserving the ship from loss, destruction, or serious damage, or for preserving any person belonging to or on board of her from danger to life or limb, the pilot so offending is guilty of a misdemeanor, and, if a qualified pilot, is liable to suspension and dismissal by the authority by which he is licensed. By sect. 367, if any person, by wilful misrepresentation of circumstances upon which the safety of a ship may depend, obtains or endeavours to obtain the charge of her, he, and every other person procuring, abetting or conniving at the commission of the offence, incurs a penalty not exceeding 1007., in addition to any liability for damages at the suit of the party aggrieved. If the offender is a qualified pilot, he is also liable to suspension or dismissal by the pilotage authority which licensed him. There are certain provisions in the Quarantine Act of 1825 Duties of which specially relate to pilots: Thus, on boarding any vessel Quarantine pilots under coming from foreign parts, pilots are bound under that act to Act. receive an account in writing from the master of the places at which his vessel loaded and at which he touched on his voyage, and of the articles composing his cargo; to bring-to the vessel when required by any quarantine officer; and if there shall be in force any proclamation or order in council made after the departure of the vessel from the United Kingdom by which vessels coming from any place mentioned in the account received, or having on board any of the articles mentioned in such account, shall be liable to quarantine, to give notice of such proclamation or order to the master. Pilots are also bound by the act to remain on board any vessel liable to quarantine which they may have boarded in the same manner as any of the officers, crew or passengers, and not to go on shore, or go on board any other vessel or boat with intent to go on shore, until the vessel is regularly discharged from quarantine. If these provisions are neglected, the pilot is liable to prosecution (n). visions re By sect. 360 of the Merchant Shipping Act, 1854, a qualified Statutory propilot may supersede an unqualified pilot, but the master must lating to unpay to the unqualified pilot a proportionate sum for his services, qualified pilots. and may deduct the same from the charge of the qualified pilot; and in case of dispute the pilotage authority by which the qualified pilot is licensed is to determine the proportionate sums to which each party is entitled. By sect. 361, an unqualified pilot assuming or continuing in the charge of a ship after a qualified pilot has offered to take charge of her, or using a licence which he is not entitled to use for the purpose of making himself appear to be a qualified pilot, incurs a penalty not exceeding 507. HOUSE PILOT Although many of the enactments already referred to relate TRINITY to all pilotage districts, yet there are enactments which refer ex- AGE DISTRICTS. pressly to the districts under the jurisdiction of the Trinity House of Deptford Strond, and to these it is now proposed to direct attention. The general powers and jurisdiction of the Trinity House of (n) See 6 Geo. 4, c. 78, ss. 11, 12, 13, 17, (Suppl. App. p. 131), and App., "Orders in Council," pp. 84-88. A pilot is also liable to prosecution if he conducts a vessel liable to quarantine under his charge to any other place Powers of Trinity Deptford Strond are regulated by Part V. of the Merchant Shipping Act, 1854, sects. 368 to 386 (0). We have already seen that by sect. 331 of that act all pilotage authorities retain their then existing powers and jurisdiction so far as they are consistent with the provisions of the statute (p). By the Merchant Shipping Act, 1854, sect. 368, it is provided that the Trinity House may alter any of the provisions in the statute contained (and expressed to be subject to alteration by them), in the same manner and to the same extent as they might have altered the same if contained in any previous statute (9). By sect. 369, the Trinity House may continue to appoint pilotage sub- sub-commissioners to examine pilots in those districts for which To appoint commissioners (0) Before the 16 & 17 Vict. c. 129, the jurisdiction over the Cinque Port pilots was, as we have seen, vested in the Society or Fellowship of the Cinque Port Pilots. This body was regulated in the first instance by the 3 Geo. 1, c. 13, and more recently by the 6 Geo. 4, c. 125, as amended by the 9 Geo. 4, c. 86, the 3 & 4 Vict. c. 68, and the 12 & 13 Vict. c. 88. These acts, except so much of the 16 & 17 Vict. c. 129 as transfers to the Trinity House the former jurisdiction of the Cinque Ports, are now repealed by the Merchant Shipping Repeal Act, 1854 (the 17 & 18 Vict. c. 120). They have been sometimes called General Pilot Acts, but this is not correct, since they applied generally only to the districts named in their preambles. See The Attorney-General v. Case, 3 Price, 316, and ante, p. 261, note (s). The Trinity House has for centuries appointed pilots to conduct ships into, out of, and upon the Thames, through the North Channel, to or by Orfordness, and round the Long Sand Head, or through the Queen's Channel, the South Channel, or other channels, into the Downs, and from and by Orfordness, and up the North Channel, and up the Thames and Medway, and the creeks or channels belonging thereto. The first public act which regulated this corporation was the 5 Geo. 2, c. 20. The Cinque Port pilots were formerly entitled to pilot vessels from Dover, Deal, and the Isle of Thanet, up the Thames and Medway; but by the 9 Geo. 4, c. 86, (which amended the 6 Geo. 4, c. 125,) these pilots could not take charge of ships above, or westward of the landing place at Gravesend, or in the Medway westward of Standgate Creek, unless they were qualified and licensed according to the latter act. It is now provided by the Merchant Shipping Repeal Act, 1854, s. 6, that the 4th and 9th sections of the 16 & 17 Vict. c. 129, shall be construed as if the 5th part of the Merchant Shipping Act, 1854, were therein referred to in lieu of the 6 Geo. 4, c. 125. As to the payments to be made by the Cinque Port pilots to the Trinity House pilotage fund see the M. S. Act, 1872, s. 10. For the Orders in Council approving the more material bye-laws relating to the London District see Appendix, Orders in Council, pp. 68 to 81. For a list of the Trinity Out Port Districts see Appendix, "General Table of Pilotage Authorities in England and Wales," p. 110. (p) Supra, p. 251. The Trinity House of Leith has no authority to grant pilotage licences within the jurisdiction of the Trinity House of Deptford Strond. Hossack v. Gray, 6 B. & S. 598. (7) See the 6 Geo. 4, c. 125, ss. 8, 11, 26, 51 and 16 & 17 Vict. c. 129, ss. 21, 23. Under the first of these statutes the Trinity House was empowered to vary the rates of pilotage for those districts which are known as the Out Port districts without the consent of the Crown in Council. The reason for this distinction was, apparently, that in these districts no statutory table of rates then was or has since been established. This power still exists. For, although the above-mentioned statutes are repealed, their provisions in this respect are substantially incorporated in the M. S. Act, 1854, by the operation of s. 331 of that statute. See ante, p. 250, note (v). Out Port dis tricts. they formerly appointed, and, by consent of the Queen in in Trinity Council, for other districts in which no particular provision (q) is made by any act of Parliament or charter for the appointment of pilots; but no pilotage district already under the authority of any sub-commissioners appointed by the Trinity House is to be extended, except with such consent; and no sub-commissioners so appointed are to be deemed to be pilotage authorities within the meaning of the act. By sect. 370, the Trinity House are to continue, after due To license examination by themselves or their sub-commissioners, to ap- pilots. point and license under their common seal pilots for the purpose of conducting ships within the limits following, or any portion of these limits; (that is to say,) (1.) "The London district," comprising the waters of the Thames and Medway as high as London Bridge and Rochester Bridge respectively, and also the seas and channels leading thereto or therefrom as far as Orfordness to the north and Dungeness to the south; but so, that no pilot shall be hereafter licensed to conduct ships both above and below Gravesend : (2.) "The English Channel district," comprising the seas between Dungeness and the Isle of Wight. (3.) "The Trinity House Out Port districts" ("), comprising any pilotage district for the appointment of pilots within which no particular provision (s) is made by any act of By sect. 371, subject to any alteration to be made by the (1.) The Trinity House, at their house in London, are to fix up a notice specifying the name and usual place of abode of every pilot so licensed, and the limits within which he is licensed to act: (2.) The Trinity House are to transmit a copy of this notice to the Commissioners of Customs in London, and to the principal officers of Customs resident at all ports within (r) For a list of the Trinity Out Port Districts see Appendix, "General Table of Pilotage Authorities in England and Wales," p. 111; and see The Juno, 1 P. D. 135. M.P. (s) As to what amounts to a particular provision within this section see Hadgraft v. Hewith, L. R., 10 Q. B. 350. T |