there, but being forced by the wind upon the mud lay four days in a bad situation, and because it became dangerous for her to remain there till the tide should ebb again, she was conducted by a waterman about a mile and a half further up the river; the court referring to its former decision, and considering the voyage in this case to have been ended, when the ship was left at Limehouse by the pilot, determined that the waterman was not subject to the penalty. (1)

The statute directed that a sufficient number of cinque-port pilots, not less than eighteen at a time, and in succession from time to time, without intermission or any unnecessary delay, should, at all seasonable times by day and night, constantly ply at sea, or be afloat between the South Foreland and Dungeness, to take charge of ships coming from the westward (2); and that proper signals should be established, to be made at signal-houses erected on commanding situations near Dover, to give notice of fleets coming from the westward; and that upon the making of signals, giving notice of the approach of a fleet from the westward, all cinque-port pilots not on duty at the time should, according to such rules and regulations, as to number, rotation, or otherwise, as might be made in that behalf, forthwith prepare to go afloat, and go off in time to fall in with such vessels, on pain of forfeiting, in case of neglect, for the first offence £20, for the second offence the delinquent is to be suspended from his office for twelve months; for the third, he is to forfeit his license to act as pilot, and to be rendered incapable of acting afterwards in that capacity (3). The master of a vessel so coming from the westward, and bound to a place in the rivers Thames or Medway, not having a duly qualified cinqueport pilot on board, is obliged, on the arrival of the vessel off Dungeness, and until she has passed the buoy of the brake, or a line to be drawn from Sandown castle to that buoy (unless in the meantime she has received a proper cinque-port pilot on board), to display and keep flying the usual signal for a pilot to come on board; and if a duly qualified cinque-port pilot be within hail or approaching, and within half a mile, with the proper distinguishing flag or vane, the master is bound, by heaving to in proper time, or shortening sail, or by all practicable

(1) The King v. Neale, 8 T. R.

241.

(2) This regulation may be. suspended by order in council.

53 Geo. 3. c. 140. s. 17.

(3) 52 Geo. 3. c. 39. s. 10. 53 Geo. 3. c. 140. s. 17.

means consistent with the safety of the vessel, to facilitate the pilot's getting on board, and to give him the charge of piloting the ship. And every person in command, who does not display and keep flying the usual signal for a pilot to come on board, from the time the vessel has arrived off Dungeness, and until she has passed the buoy of the brake, in a line to be drawn from Sandown castle to the said buoy (unless in the meantime a duly qualified pilot has come on board), or who declines to take the cinque-port pilot on board, or to give the charge of his vessel to such pilot, who does not heave to, shorten sail, or otherwise facilitate the pilot's coming on board, so far as is consistent with the safety of the vessel, is liable to forfeit double the amount of the sum which would have been demandable for pilotage, and the further sum of £5 for every fifty tons of the ship's burthen; but the £5 penalty is not recoverable, unless the corporation of the Trinity House, or the lord warden for the cinque ports, or his lieutenant, shall authorize by written certificate the proceeding for the penalty. Provided that if a ship bound to the rivers Thames or Medway shall anchor any where in the Downs, between the South Foreland and a line drawn from Sandown castle and the south buoy of the brake, having on board a licensed pilot, but not a cinque-port pilot, it shall be lawful for a cinque-port pilot to repair on board her, at any time before the vessel has been at anchor one hour with the signal for a pilot flying, and to take charge of her up those rivers (1). The penalty to be paid by the master of a vessel who refuses to take a pilot on board on arriving from the westward, bound to any place in the Thames or Medway, is double the amount of the sums payable for pilotage from the place at which he is bound first to take a pilot on board to the termination of his voyage; as if a ship in her course from the West Indies come from the westward of Folkstone, bound for London, the double pilotage is to be calculated for the voyage up to Gravesend, and not merely to the Downs (2). A cinque-port pilot, taking charge of a vessel into the Thames or Medway, who quits the vessel at Gravesend or in any other part of the Thames, or in any part of the Medway, before the vessel has arrived at the place in the river to which she is bound, without the consent of the master, unless some other duly

(1) 52 Geo. 3. c. 39. s. 11.

(2) Mackie v. Landon, 6 Taunt. 256. 1 Marsh, 585. S. C.

qualified pilot has been taken on board and has assumed the conduct of the ship, is liable to forfeit his pilotage, and to undergo such other penalty as may be in force against a pilot who leaves a vessel before she arrives at her place of destination (1). The statute 52 Geo. 3. c. 39. required that lists of the christian names and surnames, ages, and places of residence, of all pilots in England, should, with the dates of their appointments, on or before the 31st Dec. 1812, be transmitted to the corporation of the Deptford Trinity House, at their court-house in London, distinguishing the limits within which the pilots were appointed to act, and thenceforward from time to time as each appointment of a pilot should take place; and also duplicates of such lists to the commissioners of the customs in England; annexing to the lists to be transmitted to the Trinity House the rates of pilotage, and also stating the rules established in relation to such light-houses, if they have been made by any authority but by act of parliament, or the corporation of the Deptford Trinity House; and that the same when so completed should be transmitted by the respective corporations and persons by whom pilots are appointed in any of the ports, harbours, or rivers, or on any of the coasts of England; and that these corporatíons and persons should transmit to the Trinity House corporation, at their court-house in London, annually on the 31st of December, or within one calendar month afterwards, an annual list, corrected up to the 31st of December, of the names and residences of pilots within their several jurisdictions, and stating such alterations as have been made in the rules for governing pilots within their respective districts (2). The same statute also required, with a view to the laws of the quarantine system, that the commissioners of the customs should, within. one month from the 31st Dec. 1812, transmit to the principal officers of the revenue under their management at the several ports in England, the names and places of residence of such pilots in the lists so transmitted to them as shall reside within. the limits of each port respectively, and so from thenceforward the name of each pilot of whose nomination they shall receive notice from the proper authority, in order that the principal officers at the several ports may be enabled to communicate to every pilot within the limits of the port respectively, all pro

(1) 52 Geo. 3. c. 39. s. 12.

(2) 52 Geo. 3. c. 39. s. 64.

Bennet v. Miota, 1 Moore's Rep. 4. 7 Taunt. 259, 260.

15

clamations or orders in council respecting the performance of quarantine by ships arriving from infected places. (1)

It is now further required by the statute 53 Geo. 3. c. 140. that Boatmen. 140 boatmen shall be licensed by the lord warden of the cinqueports, or the deputy lieutenant-governor of Dover castle, or such other persons as shall be from time to time especially authorized for that purpose by the lord warden within the jurisdiction of the cinque ports, for assisting ships in distress, and conducting them into and out of the harbours of Dover, Ramsgate, Margate, and Folkstone, and putting licensed cinque-port pilots on board of vessels coming from the westward and bound up the rivers of Thames and Medway; and that 50 of such boatmen shall constantly reside at Dover, 50 at Deal, 20 at Ramsgate, and 20 at Margate; and that all such boatmen shall be respectively required by such licenses so to reside at the respective places to be specified in their licenses, and shall upon quitting their places of residence, or neglecting to use or act under them for the space of two months, unless prevented by illness, forfeit their licenses; and that all such boatmen, previously to the licenses being granted, shall be examined as to their knowledge of the coast and their ability to conduct vessels into the Downs, and the harbours of Dover, Ramsgate, Margate, and Folkstone, by the commissioners of the lord warden of the cinque ports for settling salvage, and the other commissioners appointed by the act, at the respective places at which the boatmen apply to be licensed, at a meeting to be held for the purpose of the act, upon whose certificate the lord warden or his lieutenant, or the deputy lieutenant-governor of Dover castle, or other person duly authorized, is empowered to giant the license. (2)

The law requires that no person shall take charge of a vessel 2. License and nor in any manner act as pilot, nor receive any compensation for qualification. acting as pilot, unless he is authorized by some lawful license, nor until the license has been registered by the principal officers of the custom-house of the place at or nearest to which the pilot shall reside, nor without having his license at the time of his so acting in his personal custody, ready to be produced, and which he shall actually produce (3) to the master or other person desirous of employing him as a pilot; and further, that no

(1) 52 Geo. 3. c. 39. s. 65. (2) 53 Geo. 3. c. 140. s. 1.

(3) Usher v. Lyon, 2 Price, 118 -121, 2.

3. Duties of pilot.

person, although duly licensed to act as pilot, shall act in that capacity out of the limits expressed in his license, or beyond the extent of his qualification (except in particular cases of pilots of a lower class acting in the absence of pilots of higher classes), on pain of forfeiting for the first offence not less than £10 nor more than £30, and for a second or subsequent offence not less than £30 nor more than £50 (1). A particular description of the pilot's person is written in or indorsed upon his license. (2)

It is lawful for a licensed pilot to supersede a person not licensed in the conduct of the vessel; and a master who continues to act himself as pilot, or who continues an unlicensed person, or a licensed person acting out of the limits for which he is qualified, after a licensed pilot has offered himself; and every person assuming or continuing in the conduct of a vessel without being duly licensed for the particular limits after a licensed pilot has offered himself, are severally liable to forfeit for each offence a sum not exceeding £50 nor less than £20 (3). But it seems that in order to affect the master with penalties under this clause, the pilot must produce his license, on his demanding to be taken on board and put in the management of the vessel, although the pilot had the license in his personal custody, and the master knew that he was invested with an official character, and refused to employ him, without requiring the license to be produced (4). The stat. 52 Geo. 3. also points out the necessary qualifications persons who are to be licensed, as mentioned in the act. (5)

The act 52 Geo. 3. in order to secure a compliance on the part of the pilot with his general authority and duty, provides, that every pilot duly licensed, who shall when disengaged or on any frivolous pretext decline to take charge of a vessel, unless such cause be shewn as will justify his not taking charge of her; or who shall decline, on being required by a captain of one of his majesty's ships, or by an officer of the society to which the pilot belongs, or by the master of the vessel, to come on board of her; or who declines, on being required by a commissioned officer in the navy, or a principal officer of the customs, or a per

(1) 52 Geo. 3. c. 39. s. 46. Usher v. Lyon, 2 Price, 118. On death, license to be returned to corporation, penalty 201. or 40s. s. 47. and see Pierce v. Hopper, 1 Strange

249.

(2) 52 Geo. 3. c. 39. s. 44. (3) 52 Geo. 3. c. 39. s. 34. (4) Usher v Lyon, 2 Price 118.

(5) 52 Geo. 3. c. 143. s. 5.