To require pilot to exe. cute bond. To revoke or suspend licences. Pilotage rates. the limits for which the pilot is licensed; and this notice is to be posted up by the Commissioners at the Custom House in London, and by the officers at the custom houses of the ports at which they are resident. By sect. 372, Trinity House pilots must, subject to any alteration by the Trinity House, execute on their appointment a bond for 1007., conditioned for the due observance of the regulations and bye-laws of the Trinity House (s). By sect. 374, subject to any alteration to be made by the Trinity House, no licence granted by them is to continue in force beyond the thirty-first day of January next ensuing the date of it; but it may, upon the application of the pilot holding it, be renewed on the thirty-first day of January in every year, or any subsequent day, by indorsement under the hand of the secretary of the Trinity House, or such other person as may be appointed by them for that purpose (†). By sect. 375, the Trinity House has power to revoke or suspend the licence of any pilot appointed by them, in such manner and at such time as they think fit (u). We have already seen that the 333rd section of the Merchant Shipping Act, 1854, contains a provision that in the case of the Trinity House no higher rates shall be demanded or received from the masters or owners of ships than the rates specified in one of the tables in the schedule to that act (x). (s) This bond is free from stamp (t) As to the granting of these li- (u) The Court of Queen's Bench will exercise of this discretionary power by the Trinity House. This was held on an application by one of the Deal pilots to the Court of Queen's Bench, in Michaelmas Term, 1855. () See the M. S. Act, 1854, Sched., Table (U), [Appendix, p. clxii.] This table only relates to the rates to be received within the limits of the London district as therein specified. The rates now in force for the London district and the English Channel district are charged under the provisions of an Order in Council of the 1st November, 1862. See Appendix, "Orders in Council," p. 74. The rates within the Trinity Out Port districts are not regulated by statute, and are fixed by the Trinity House without any application to the Privy Council. See supra, p. 272, note (q), and the "General Table of Pilotage Authorities" in the Appendix, pp. 111-116. In addition to these provisions, the Merchant Shipping Act, 1854, by sects. 380 to 383, provides for the continuance of the then existing rates of pilotage to Trinity House pilots, both in respect of British and foreign ships, subject to alterations by the Trinity House. These sections also provide for the due certifying of the payments by foreign ships, and for the proper application of them. We have seen that the 358th section of the Merchant Shipping Power by byeAct, 1854, contains provisions enacting that a qualified pilot law to enable pilots to acdemanding or receiving, or a master offering or paying to the cept reduced pilot any other rate in respect of pilotage services than that rates. demandable by law is liable to a penalty. With respect to the Trinity House of London, it is, however, now specially declared by the Merchant Shipping Act, 1872, that the Trinity House may, by bye-law made with the sanction of her Majesty in Council, repeal or relax these provisions within the whole or any part of their district, so far as to allow pilots under their jurisdiction to demand or receive, and masters to offer or pay, rates less than those demandable by law (y). By sect. 384 of the Merchant Shipping Act, 1854, when a difference arises between a master and the qualified pilot of any ship trading to the port of London, the Trinity House are, upon the application of either party, to appoint an officer to measure the ship and settle the difference. Sects. 385 and 386 provide for contributions to a fund for the benefit of incapacitated pilots, and of the widows and children of pilots, and also for the application of this fund (≈). By sect. 376 of the Merchant Shipping Act, 1854, subject to COMPULSORY (y) The M. S. Act, 1872, s. 9. Orders in Council of the 5th of February, 1873, and 6th of September, 1880, are in force under this section, declaring that pilots licensed to pilot between London Bridge and Gravesend, and between the Nore and Rochester may, without being liable to a penalty, demand or receive, and masters offer or pay, a less rate than that demandable by law in respect of pilotage service rendered within those limits to ships exempted from compulsory pilotage. See Appendix, p. 78, and Supp. App. (2) The 42nd section of the M. S. Act, 1862, provides for the Trinity House making an equitable arrangement for the administration of this fund with reference to the interests therein of the PILOTAGE (TRINITY HOUSE DISTRICTS). any alteration to be made by the Trinity House (a), and to the exemptions afterwards contained in the act, the pilotage districts of the Trinity House within which the employment of pilots is compulsory are declared to be the London district and the Trinity House Out Port districts; and the master of every ship navigating within any part of these districts, who, after a qualified pilot has offered to take charge of the ship, or has made a signal for that purpose, either himself pilots the ship, without possessing a certificate enabling him so to do (b), or employs or continues to employ an unqualified person to pilot her, incurs for every offence (in addition to the penalty hereinbefore mentioned) an additional penalty not exceeding 57. for every fifty tons burthen of the ship, if the Trinity House certify in writing under their common seal that the prosecutor is to be at liberty to proceed for the recovery of this additional penalty (c). By sect. 377 it is provided, that, subject to any alteration to be made by the Trinity House, a sufficient number of qualified pilots must always be ready to take charge of ships coming from the westward past Dungeness; and the Trinity House, by byelaw to be made in the same manner as other bye-laws made under the powers contained in the act (d), are bound to make such regulations with respect to the pilots under their control as may be necessary in order to provide for an unintermitted supply of qualified pilots for these ships, and to insure their constant attendance upon and due performance of their duty, both by night and day, whether by cruising between the South Foreland and Dungeness, or by going off from shore upon signals made for the purpose, or by any other means, and whether in rotation or otherwise, as the Trinity House may think fit (e). (a) See supra, p. 272, and Appendix, "Orders in Council," pp. 68-80. The 51st section of the 6 Geo. 4, c. 125, gave the Trinity House power to make regulations with respect to the regulation of the pilotage or the exemption from pilotage of small foreign vessels coming to the port of London with provisions. It would seem that the power conferred by this section, so far as it is not inconsistent with the M. S. Act, 1854, is kept alive by the provisions of the M. S. Act, 1854, s. 331. (b) The regulations under which the Trinity House grant pilotage certificates to masters and mates will be found in the Appendix, pp. 71, 73. (c) See the M. S. Act, 1854, s. 353, supra, p. 259. (d) See sects. 332, 333. (e) The regulations made by the Trinity House under the provisions of the 6 Geo. 4, c. 125, for insuring the good conduct and constant attendance of the pilots licensed by them, and for enforcing the general purposes of that act, and which were approved by Chief Justice Abbott on the 19th April, 1826, are for the most part still in force. See Kay, Shipmaster and Seamen, vol. 2, p. lxv. The service of the Channel pilots at Gravesend is governed by regulations which came into force on the 8th of April, 1867. By regulations dated the 28th October, 1853, it is provided that when a vessel in charge of a Trinity House pilot touches the ground or comes into collision with By sect. 378, subject to any alteration to be made by the Trinity House, every master of a ship coming from the westward, and bound to any place in the rivers Thames and Medway, must (unless she has a qualified pilot on board, or is exempted from compulsory pilotage), on the arrival of the ship off Dungeness, and thenceforth until she has passed the south buoy of the Brake, or a line to be drawn from Sandown Castle to this buoy, or until a qualified pilot has come on board, display and keep flying the usual signal for a pilot (ƒ); and if any qualified pilot is within hail, or is approaching and within half a mile, and has the proper distinguishing flag flying in his boat (g), the master must, by heaving to in proper time, or shortening sail, or by any practicable means consistent with the safety of the ship, facilitate the pilot's getting on board, and give the charge of the ship to him; or if there are two or more pilots offering at the same time, to such one of them as may, according to the regulations for the time being in force, be entitled or required to take the charge; and if any master fails to display or keep flying the usual signal for a pilot, or to facilitate the pilot's getting on board, or to give him the charge of the ship, he incurs a penalty not exceeding double the sum which might have been demanded for the pilotage. By sect. 379, the following ships, when not carrying passen- EXEMPTIONS gers (h), are exempted from compulsory pilotage in the London FROM COMPULdistrict, and in the Trinity House Out Port districts (i). (1.) Ships employed in the coasting trade of the United Kingdom (4): another vessel, the pilot is to report the circumstances to the Trinity House in writing according to a prescribed form. A regulation dated July, 1862, requires a similar report to be sent in when a vessel in charge of a Trinity House pilot has lost her anchors or chains. (f) It is provided by the 16th section of the M. S. Act, 1873, that if a vessel requires the services of a pilot the signals to be used shall be those specified in the second schedule to that act. See Appendix, p. cccxxvi. (g) See sect. 346, and supra, p. 258. (h) The payment of a fare is necessary to constitute a passenger within the meaning of this section. The Lion, L. R., 2 P. C. 525; The Hanna, L. R., 1 A. & E. 283. (i) The exemptions under the former act (6 Geo. 4, c. 125) will be found in ss. 58-62. It has been held that these exemptions are not affected by the exemptions contained in the M. S. Act, 1854, s. 379, and that so far as they are applicable and are not contrary to the express provisions of the M. S. Act, 1854, they are still in force. See supra, p. 261, note (s), and infra, p. 279, note (p). See also pp. 279-280, where the general exemptions which have been created by the Trinity House since 1853, are enumerated. See further Peake v. Screech, 7 Q. B. 603; Williams v. Newton, 14 M. & W. 747 -decisions on sect. 62 of the 6 Geo. 4, c. 125. (k) Hadgraftv. Hewith, L. R., 10 Q. B. 350. It has been held, that where a SORY PILOTAGE (TRINITY HOUSE DISTRICTS). Under M. S. (2.) Ships of not more than sixty tons burthen (1) : (4.) Ships from Guernsey, Jersey, Alderney, Sark, or Man, (5.) Ships navigating within the limits of the port to which they belong (n) : (6.) Ships passing through the limits of any pilotage district on their voyages between two places both situate out of these limits, and not being bound to any place within these limits, nor anchoring therein. By sect. 41 of the Merchant Shipping Act, 1862, this last exemption has been extended to all ships (0). vessel, which was ordinarily occupied (7) See the 6 Geo. 4, c. 125, s. 60, (m) The Lion, L. R., 2 P. C. 525; The Hanna, L. R., 1 A. & E. 283, and the Order in Council of the 21st of December, 1871, referred to infra, p. 280, note (). According to the decided cases, most, if not all, of the ships to which this sub-section refers are by the operation of the 333rd section of the M. S. Act, 1854, and the provisions of the 59th section of the 6 Geo. 4, c. 129, and an Order in Council of the 18th February, 1854 (Appendix, p. 68), exempted from compulsory pilotage within the London district, whether they are carrying passengers or not. See The Earl of Auckland, Lush. 164, 387; The Wesley, Lush. 268, and The Hanna, L. R., 1 A. & E. 283. This sub-section applies to inward as well as to outward voyages. The Wesley, ubi sup. The (n) See the earlier act, 6 Geo. 4, c. 125, s. 63, the provisions of which were more limited, and the decisions upon it in Thornton v. Boland, 2 Bing. 219, and M'Intosh v. Slade, 6 B. & C. 657. The words "navigating within," in the M. S. Act, 1854, s. 379, mean being within; and, therefore, a vessel belonging to the port of London, not carrying passengers and coming from the west, is not bound to employ a licensed pilot when she is within the limits of the port of London. Stettin, Br. & L. 199. It has recently been decided that the exemption contained in 6 Geo. 4, c. 125, s. 59, enabling masters to pilot their own vessels within the limits of the ports to which they belong and in relation to which no particular provisions have been made for the appointment of pilots, is not applicable to the port of London. The Hankow, 4 P. D. 197, and supra, p. 261, note (s). The port of London for pilotage purposes extends to Gravesend. The General Steam Navigation Co. v. The British and Colonial Steam Navigation Co., L. R., 4 Ex. 238. (0) See supra, p. 264; see also the Order in Council of the 18th February, 1854, Appendix, "Orders in Council," p. 68. |