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stich indigent piłots belonging to the said society for fellowship as'shall become incapable of diseharging their duty from advaneed age, or manner and under such rules as the said court of loadmanage shall order; and as well all pilots who shall receive any such surplus rates, as also the persons to whom the pilotage of ships not having British registers, and entering into or sailing from the said port of London, is by this act directed to be paid, shall pay over all such surplus ratës to such receivers, and at such places as shall be appointed by the Trinity-house, and by the lord warden and court of loadmanage respectively; of all which receipts, and of the appropriations, the said corporation and the said lord warden and court of loadmanage, shall annually lay an account before parliament, within twenty days after the commencement of each session. $ 52
Owners or masters not to be answerable for loss from want of a pros per pilot.-No owner or master of any ship shall be answerable for any loss or damage which shall happen to any person by reason of no hi pensed pilot being on board, or no qualified pilot, unless it shall be proved that the want of such licensed or qualified pilot shall have ariseni from any refusal to take such pilot on board, or from the wilfulneglect of the master in not heaving to, for the purpose of taking on board any pilot who shall be ready to take charge. § 53. 1-4149 6119316 brie
- Diners not liable for more than the value of the ship and freight:44 Nothing in this act shall extend to make the owner of any ship liable in any such case for any loss or damage beyond the value of such ship, and her apportenances, and the freight due for the-voyage. - 5405910
Not to be liable for loss arising from incompetency of pilots. No owner or master of any ship shall be answerable-for- any loss lor damage which shall happen to any person from any neglect, default, incompetency, or incapacity of any licensed pilot, so long as such pilot shall be duly qualified, or so long as no qualified pilot shall have of fered to take charge thereof. $ 55., :
"1? gets tot Not to deprive persons of remedies previously existing.-Nothing in this act shall extend to deprive any person of any remedy upon any contract of insurance, or of any other remedy, which he might have had if this act had not been passed, on account of the neglect, default, incompetency, or incapacity of any pilot, or on account of no pilot, or of no qualified pilot, being on board, unless it be proved that the want of a pilot, or a qualified pilot, shall have arisen from any refusal to take a pilot or qualified pilot on board, or from the wilful neglect of the master in not heaving to, for the taking on board any pilot ready to take charge of such ship. $ 56.
Licensed pilots who have executed bond.—No pilot licensed, who shall have executed the bond hereinbefore directed, and shall be piloting within the limits in his licence, any ship, or be piloting in the absence of a qualified pilot, shall be liable to any action for damages at the suit of the party grieved in any greater sum than the penalty in such bond, and the pilotage payable to him, for any loss or damage which shall happen from his neglect or want of skill whilst 'acting on board such ship. $ 57.
Penalty on masters of vessels piloted by any other than a licensed pilot.–Every master of any ship who shall act bimself as pilot; or who shall employ as a pilot any unlicensed person, or any licensed person acting out of the limits for which he is qualified, or beyond the extent of his qualification, after any pilot licensed shall have offerer: to take charge of such ship, or have made a signal for that purpose, shall forfeit for every such offence double the amount of the sum which would have been legally demandable for the pilotage, and shall likewise forfeit an additional penalty of £5, for every fifty tons burthen of such ship, if the Trinity-house, as to cases in which pilots licensed under the said corporation shall be concerned, or the said lord war. den or his lieutenant, as to cases in which the cinque port pilots shall be concerned, shall think it proper that the person prosecuting should be at liberty to proceed for such additional penalty, and certify the same in writing. $ 58.
Masters of certain ships may pilot same so long as not assisted by unlicensed persons.--Notwithstanding any thing in this act contained, the master of any collier, or of any ship trading to Norway, or to the Cattegat or Baltic, or round the North Cape, or into the White Sea, on their inward or outward voyages, or of any constant trader inwards, from the ports between Boulogne inclusive and the Baltic (all such ships having British registers, and coming up either by the North Channel, but not otherwise,) or of any Irish trader using the navigation of the rivers Thames and Medway, or of any ship employed in the regular coasting trade of the kingdom, or of any sh p wholly laden with stone from Guernsey, Jersey, Alderney, Sark, or Man, and being the production thereof,* or of any ship or vessel not exceeding the burthen of sixty tons, and having a British register, except as herein. after provided ; or if any other ship whatever, whilst the same is within the limits of the port to which she belongs, the same not being a port in relation to which particular provision hath heretofore been made by any act, or by any charter for the appointment of pilots, may lawfully, and without being subject to any of the penalties by this act imposed, pilot his own ship so long as he shall pilot the same without the aid of any unlicensed pilot or other persons than the ordinary crew of the ship. $59.
Ships not erreeding sisty tons burthen.--After the passing of this act it shall be lawful for his Majesty by any order in council, to permit ships not exceeding sixty tons, and not having a British register, to be piloted without having a licensed pilot on board, upon the same terms as are imposed on British ships, not exceeding the like burthen.t $ 60.
Ship in distress.-Nothing in this act shall extend to subject the master or owner of any ship to any of the penalties, for employing any persons as pilots in the assistance of such ship whilst in distress, or in consequence thereof, or under any circumstances which shall have rendered it necessary for such owner or master to avail himself of the best assistance which at the time could be procured. $ 61.
Master or mate being owner or part-owner.- Nothing in this act shall extend to subject to any penalty the master or mate of any ship being the owner or a part-owner, and residing at Dover, Deal, or the Isle of Thanet, for piloting his own ship from any of the places aforesaid, up or down the Thames or Medway, or into or out of any port within the cinque ports. § 62.
Ships brought into any port by pilots may be removed.—When any ship shall have been brought into any port in England by any pilot duly licensed, nothing in this act shall extend to subject to any penalty the master or mate, or if in ballast, any person appointed by any
* See to the same effect the Act for the General Regulation of the Customs, 6 Geo. IV. 107. $ 41, Part II. Chap. V.
+ See the several orders in council which have been issued, page 183.
ownet, or master or agent, for afterwards removing such ship in such port for the purpose of entering into or going out of any dock, or for changing the moorings of such ship. 8 63.
Reporting to pilots a false account of a vessel's draught of water, or altering marks.-Every master of any ship, who shall report, or be privy to any other person's reporting to any pilot, a false account of the draught of water of such ship, shall forfeit, in addition to the payment of the full rate of pilotage, double the amount of such pilotage; and any master or person having the command of any ship, or having any interest therein, who shall fraudulently alter any marks on the stem or stern post, denoting the draught of water, or shall be privy thereto, shall forfeit £500. $ 64.
Description of pilot to be on his licence, &c.-A particular description of the person of every pilot shall be written in or upon or endorsed on the back of his licence; and every captain or master shall, on receiving a pilot on board, inspect his licence; and if he shall have reason to think that such pilot is not the person to whom the licence was granted, such captain or master is to transmit a copy of such licence to the corporation or authority by whom such licence shall have been granted, stating the date, together with such aceount, and description of the person producing such licence as may lead to the discovery of the offender. $ 65.
No pilot shall act until his licence has been registered, nor without producing it.-No person shall take charge of any ship or vessel, or ir any manner act as a pilot, or receive any compensation, until his licence shall have been registered by the principal officers of the custom-house at or nearest to which such pilot shall reside, (which officers are to register the same without fee,) nor without having his licence at the time in his personal custody, and producing the same to the master of any ship desirous of employing him, or to whom he shall offer his services, on pain of forfeiting not exceeding £30, nor less than £10, for the first offence; and for the second or any subsequent offence, not exceeding £50, nor less than £30; and upon further pain of forfeiting his licence or being suspended, by and at the discretion of the corporation or authority from which such licence was derived, either for the first, second, or any subsequent oflence. 66.
Licences to be delivered up when required, and on death.-Every pilot, licensed, shall, at all times when required, produce or deliver up his licence to the corporation or authority by which the same was granted; and on death, his executors or administrators, or persons to whose hands the licence shall come, shall without delay transmit such licence to the corporation or authority by which the same was granted, on pain of such pilot, executor, administrator, or person, forfeiting not exceeding £20, nor less than 40s. $ 67.
Pilots keeping public houses.-From and after the passing of this act, if any pilot, duly licensed, shall keep, or be concerned in keeping, either by himself or any agent or servant, or other person, or shall in any way be interested in the keeping of any public house or tavern, or place of public entertainment, or in the selling of any wine or spirituous liquors, or tobacco or tea; (unless such pilot shall have kept or been concerned or interested in the same before the 1st of March, 1808, and shall be duly authorized by the corporation, or other authority under which such pilot shall act, to continue in such business;) or if any pilot shall be convicted of any offence against any law relating to the customs or excise, or shall be concerned in or shall wilfully connive at any indirect practices against the customs or excise, or shall procuie, abet, connive at, or participate in any destruction, spoil or coneealment, fraud, exaction, or corrupt practice, relating to ships or persons in distress at sea, or by shipwreck, or relating to the tackle, apparel, or furniture, or the cargoes of such ships, or relating to the crew or passen gers, or the monies, goods, or chattels of any of them, then every pilot shall (over and above all other punishments and penalties for such of fences) be adjudged to forfeit his licence, or shall be suspended from acting as a pilot, by and at the discretion of the corporation, or authority from which such pilot's licence was derived. 8 68.
Pilots suspended, liable to penalty for acting. If any person, sus pended or adjudged to have forfeited his licence, shal, during the time of suspension, or after such adjudication, take upon himself to conduct any ship as a pilot, such person shall be liable to all such penalties, 'in'. like manner as are provided, against any person who shall pilot any ship without having been licensed. S. 69.
Licensed pilots may supersede unlicensed ones.--It shall be lawful for any licensed pilot within the limits of his licence, and the extent of his 6 qualification, to supersede in the charge of any ship any person not licensed or acting beyond the extent of his qualifieation; and every! person assuming or continuing in the charge of any ship, without beso ing a licensed pilot, or without being licensed to act within the limits in which such ship shall be, or beyond the extent of his qualifications, as expressed in his licence, after any pilot, licensed and qualified, shallık? have offered to take charge of such ship, shall forfeit for such offence? not exceeding £50, nor less than £20. § 70.
'stirit otw When unlicensed persons may act as pilots.--Notwithstanding any thing in this act contained, any person whatsoever may ilawfully, and I without being subject to any penalty, assume, or continue in the ti charge of any ship as a pilot, where and so long as a pilot duly licensedi4 shall not have offered to take the charge, or make a signal for thatio purpose, or where and so long as such ship shall be in distress, or under circumstances which shall have rendered it necessary for then't master to avail himself of the best assistance. $71. Srets fenol git
Penalty on pilots who shall decline to go off-Every pilot licensed, ai who shall, when not actually engaged in his capacity of pilot, refuse orde decline, or wilfully delay to go off to or to take charge of any ship wántrit ing a pilót, and within the limits specified in his licence, upon theni usual signal for a pilot being displayed, or upon being required s01tom do hy the captain, or by any commissioned or warrant officer of suchu ship, (if the same shall be in his Majesty's service,) or by the master to of such ship, or by any person interested therein as principal or agent; v3 (if he be in his Majesty's service,) or upon being required so to do in b either of the cases aforesaid, by any officer of the corporation or society: to which such pilot shall belong, or by any principal officer of customs (unless in the cases aforesaid it shall be unsafe for such pilot to obey d such signal, or comply with such requisition, or he shall be prevented so doing by illness or other cause ;) and every pilot licensed, who shallus ou frivolous pretext quit any ship, or decline the piloting thereof, after in he has been engaged, or after going alongside thereof, before the ser-1.) vice shall have been performed for wbich he was hired, and withi.. out leave of the captain, (if in his Majesty's service,) or of the master, 1 (if not in his Majesty's service,) shall forfeit for every such offence not to exceeding £100, nor less than £10, and shall be liable to be dismissed . ! from being a pilot, or suspended from acting as such, at the discretid tion of the corporation or authority by whom such pilot was licensed. § 72.
Pilots employing or ineqiriring any boat, 8d." beyond what is necess sary. In case any pilot, licensed, shall employ, or shall compel or require any person having the command or charge of any ship, to employ any boat, anchor, cable, hawser," or other matter or thing beyond what shall actually be necessary, with intent thereby to increase the charge or expense of pilotage or pilot assistance, whether for the gain of such pilot, or of any other person, in
such case the person offending shall forfeit not exceeding £50, nor less than £10, and shall also be liable to be deprived of his licence, or suspended, at the discretion of the corporation or authority by whom he was licensed. $ 73.
Penalty for lending licence, and for drunkenness. - In case any pilot, licensed, shall lend his licence to any unlicensed person, or in case any such licensed pilot, or any person not being a pilot, but acting under pretext of being a pilot, shall by drunkenness render himself incapable of conducting any ship, or shall wilfully or negligently run aby ship on shore, or lose or injure the same, or the tackle or furniture thereof, or shall wilfully conduct, lead, decoy, or betray any ship into danger in any manner not already provided against by any statute,
1 or shall unnecessarily or improperly cut any cable, or cause the same to be eut; or if any such person shall by wilful misrepresentation, any circumstances upon which the safety of any ship shall appear materially to depend, obtain or endeavour to obtain the charge of any such ship, then and in every such case the person so offending, who shall aid in, procure, abet, or connive at the committing of any such offence, shall, besides being liable to damages at the suit party grieved, forfeit not exceeding £100, nor less than £20, and if the person so offending shall be a pilot, he shall be liable to be de.. prived of his licence, or suspended, at the discretion of the corporation, or authority by whom his licence was granted." $ 74.
Pilots not obeying the orders of dock-masters.- If any pilot having the charge ot any ship within certain distances from the entrances into the London docks from the river Thames, and either intended to go into or having recently come out of the docks of the said companies, y shall neglect or refuse to obey such orders as shall or may from time to.fi time be given to such pilot by the dock-master or dock-masters, yested in him and them by any act or acts of parliament, relating to the mooring, unmooring, moving, or removing of such ships, so being under the charge of such pilot, in every such case, every pilot so offending shall forfeit not exceeding £50, nor less than £20 ; and every such pilot shall be liable to be dismissed or suspended, at the discretion of the corporation or authority by whom such pilot was licensed. $ 75.
How penalties above £20 may be recovered.--All penalties hereinbefore or hereinafter imposed, or by any of the by-laws directed to remain in force, or hereafter to be made under the authority of this .. act, which shall exceed £20, (not otherwise expressly provided for,) and likewise all penalties, (not otherwise expressl; provided for,) ins cases where, the lowest penalty not being greater than £20, and the largest being greater than £20, the party prosecuting shall proceed in respect thereof for a sum greater than £20, with the written consenti of the Trinity-house, or of the said lord warden or his lieutenant, (as the case may be,) shall be recovered with full costs, by action of debtott bill, plaint or information, in any court of record at Westminster, to
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