of such ships or vessels under the provisions of this act, or of any other act 8. The Pilot of parliament relating to pilotage, or under any law or usage whatsoever, Act, &c. as the said corporation of Trinity House of Deptford Strond shall from time to time deem just, proper, and expedient, in relation to such ships and 6 Geo. 4, c. 125. vessels respectively; any thing herein contained to the contrary thereof notwithstanding."

British registers

Sect. 52. "And whereas under and by virtue of the said acts, passed in Funds arising the forty-eighth and fifty-second years of the reign of his said late majesty from surplus rates king George the Third, the surplus rates of pilotage imposed on ships not of pilotage on having British registers have been applied in creating funds for the relief ships not having of superannuated and infirm pilots belonging to the said corporation of to be applied for Trinity House of Deptford Strond, and the fellowship of the Cinque Ports relief of indigent respectively, as in the said acts mentioned; and it is expedient that the pilots, &c. surplus rates of pilotage imposed by this act on such ships should be carried to such funds respectively, and that the said funds should be applied as hereinafter mentioned; be it therefore enacted, that as well the fund already created for such superannuated and infirm pilots belonging to the said corporation of Trinity House of Deptford Strond as aforesaid, as also all such surplus rates by this act imposed or to be imposed as aforesaid, on ships not having British registers, which shall pertain to the establishment of the said corporation of Trinity House, shall be carried to a fund to be called The Pilots' Fund,' and that such last-mentioned fund shall be applied by the said corporation in the manner following; (that is to say,) after defraying the expenses of carrying this act into execution, so far as concerns the the said corporation of Trinity House, the said fund shall be applied by the said corporation for the better support, maintenance, or relief of such indigent pilots belonging to the said corporation, as shall become incapable of discharging their duty from advanced age, or from any accident or infirmity, and of the wives, widows, and children of such pilots, to be applied and distributed in such manner and under such rules and regulations as the said corporation of Trinity House shall order and provide; and that as well the fund already created for such superannuated and infirm pilots belonging to the society or fellowship of the Cinque Ports as aforesaid, as also all such surplus rates of pilotage by this act imposed or to be imposed as aforesaid on ships not having British registers, which shall pertain to the establishment of the Cinque Ports, shall be applied by the said Court of Loadmanage for the better support, maintenance, or relief of such indigent pilots belonging to the said society or fellowship as shall become incapable of discharging their duty from advanced age, or from any accident or infirmity, to be applied and distributed in such manner and under such rules and regulations as the said Court of Loadmanage shall order and provide; and as well all and every the pilots who shall receive any such surplus rates, as also the person or persons to whom the pilotage of ships and vessels not having British registers, and entering into or sailing from the said port of London, is by this act directed to be paid, shall and they are hereby required to pay over all such surplus rates to such receivers, and at such convenient places as shall be in that behalf respectively appointed by the said corporation of Trinity House, and by the said lord warden and Court of Loadmanage respectively; of all which receipts, and of the appropriations aforesaid, the said corporation, and the said lord warden and Court of Loadmanage respectively, shall annually lay an account before parliament, within twenty days after the commencement of each session."

of a proper pilot,

Sect. 53. "No owner or master of any ship or vessel shall be answerable Owners or masfor any loss or damage which shall happen to any person or persons what- ters of ships not soever, from or by reason or means of no licensed pilot being on board of to be answerable any such ship or vessel, or of no duly qualified pilot being on board for loss from want thereof, unless it shall be proved that the want of such licensed or of such unless arising duly qualified pilot respectively shall have arisen from any refusal to take from refusal to such licensed or qualified pilot on board, or from the wilful neglect of the take one, &c. master of such ship or vessel in not heaving to, or using all practicable

8. The Pilot means, consistently with her safety, for the purpose of taking on board thereof any pilot who shall be ready and offer to take charge of the

Act, &c.

6 Geo. 4, c. 125.

Owners not liable

for more than the

value of the ship

and freight.

Owners or mas

ble for loss arising from incom

same."

Sect. 54. "Nothing in this act contained shall extend or be construed to extend to make the owner of any ship or vessel liable in any such case for any loss or damage beyond the value of such ship or vessel, and her appurtenances, and the freight due or to grow due for and during the voyage wherein such loss or damage may happen or arise."

Sect. 55. "No owner or master of any ship or vessel shall be answerable ters not to be lia for any loss or damage which shall happen to any person or persons whomsoever from or by reason or means of any neglect, default, incompetency, or incapacity of any licensed pilot acting in the charge of any such ship or vessel, under or in pursuance of any of the provisions of this act, where and so long as such pilot shall be duly qualified to have the charge of such ship or vessel, or where and so long as no duly qualified pilot shall have offered to take charge thereof."

petency of pilets.

This act not to deprive persons of remedies previously existing.

Licensed pilots who have exe

cuted bond, not liable for neglect or want of skill beyond its penalty and the pilotage.

Penalty on masters of vessels piloted by any other than a licensed pilot.

Sect. 56. Nothing in this act contained shall extend or be construed to extend to deprive any person or persons of any remedy or remedies upon any contract of insurance, or of any other remedy whatsoever, which he or they might have had if this act had not been passed, by reason or on account of the neglect, default, incompetency, or incapacity of any pilot duly acting in the charge of any ship or vessel under or in pursuance of any of the provisions of this act, or by reason or on account of no pilot, or of no duly qualified pilot, being on board of any such ship or vessel, unless it shall be proved that the want of a pilot, or of a duly qualified pilot, shall have arisen from any refusal to take a pilot or a duly qualified pilot on board, or from the wilful neglect of the master of such ship or vessel, in not heaving to or using all practicable means consistently with the safety of such ship or vessel, for the purpose of taking on board any pilot who shall be ready and offer to take charge of such ship or vessel."

Sect. 57. "No pilot licensed or to be licensed as aforesaid, who shall have executed the bond hereinbefore directed to be executed by him, and shall be piloting or conducting, within the limits specified in his licence, any ship or vessel which he shall be duly qualified to pilot, or be piloting in the absence of a duly qualified pilot, shall be liable to any action for damages at the suit of the party grieved in any greater sum than the amount which shall have been specified by way of penalty in such bond, and the pilotage payable to him in respect of the voyage on which such ship of vessel shall then be, for any loss or damage which shall happen from or by reason or means of his neglect or want of skill whilst acting in his capacity of a pilot on board such ship or vessel."

Sect. 58. "Every master of any ship or vessel who shall act himself as a pilot, or who shall employ or continue employed 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 and qualified to act as such within the limits in which such ship or vessel shall then actually be, shall have offered to take charge of such ship or vessel, 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 of such ship or vessel, and shall likewise forfeit for every such offence an additional penalty of 57. for every fifty tons' burthen of such ship or vessel, if the corporation of Trinity House of Deptford Strond, as to cases in which pilots licensed by or under the said corporation shall be concerned, or the said lord warden for the time being, or his lieutenant for the time being, as to cases in which the Cinque-Port pilot shall be concerned, shall think it proper that the person prosecuting should be at liberty to proceed for the recovery of such additional penalty, and certify the same in writing" (a)

(a) The master is not liable to the penalty for refusing to employ a pilot unless the pilot produces his licence as

required by sect. 66, although it is not demanded. (Hammond v. Blake, 10 B. & Cres. 424.)

same so long as

Sect. 59. "That, for and notwithstanding any thing in this act contained, 8. The Pilot the master of any collier, or of any ship or vessel trading to Norway, or to Act, &c. 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 6 Geo. 4, c. 125. ports between Boulogne inclusive and the Baltic (all such ships and vessels Masters of certain having British registers, and coming up either by the North Channel, but ships may pilot not otherwise); or of any Irish trader using the navigation of the rivers not assisted by Thames and Medway; or of any ship or vessel employed in the regular unlicensed percoasting trade of the kingdom; or of any ship or vessel wholly laden with sons. 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 hereinafter provided; or of any other ship or vessel whatever, whilst the same is within the limits of the port or place to which she belongs, the same not being a port or place in relation to which particular provision hath heretofore been made by any act or acts of Parliament, or by any charter or charters for the appointment of pilots, shall and may lawfully, and without being subject to any of the penalties by this act imposed, conduct or pilot his own ship or vessel when and so long as he shall conduct or pilot the same without the aid or assistance of any unlicensed pilot, or other person or persons, than the ordinary crew of the said ship or vessel."

thorize ships not exceeding 60 tons burthen to be

Sect. 60. "From and after the passing of this act, it shall and may be His majesty in Jawful for his majesty, by and with the advice of his privy council, or by council may auany order or orders in council, to permit and authorize ships and vessels not exceeding the burthen of sixty tons, and not having a British register, to be piloted and conducted without having a duly licensed pilot on board, upon conducted without the same terms and conditions as are by this act imposed on British ships pilots, as British and vessels, not exceeding the like burthen."

ships of the like

ble to penalties

Sect. 61. "Nothing in this act contained shall extend, or be construed to burthen. extend, to subject the master or owner of any ship or vessel to any of the Masters not liapenalties of this act, for employing any person or persons whomsoever as a for employing pilot or pilots in and for the assistance of such ship or vessel whilst the same unlicensed pershall be in distress, or in consequence thereof, or under any circumstances sons whilst ship which shall have rendered it necessary for such owner or master to avail in distress. himself of the best assistance which at the time could be procured; any thing herein contained to the contrary thereof in anywise notwithstanding."

Sect. 62. "Nothing in this act contained shall extend, or be construed to Master or mate extend, to subject to any penalty the master or mate of any ship or vessel, being owner or being the owner or a part owner of such ship or vessel, and residing at Dover, part owner, and Deal, or the Isle of Thanet, for conducting or piloting such his own ship or residing at Dovessel from any of the places aforesaid up or down the rivers Thames or Medway, or into or out of any port or place within the jurisdiction of the ship up or down Cinque Ports."

ver, &c., may pilot his own

the Thames or

removed by the

Sect. 63. "When any ship or vessel shall have been brought into any port Medway. or ports in England by any pilot duly licensed, nothing in this act Ships brought contained shall extend, or be construed to extend, to subject to any penalty into any port by the master or mate, or other person belonging to such ship or vessel, and pilots may be having the command thereof, or, if in ballast, any person or persons, appointed by any owner, or master or agent of the owner thereof, for afterwards removing such ship or vessel in such port or ports, for the purpose of entering into or going out of any dock, or for changing the moorings of such ship or vessel."

master, &c., for certain purposes.

Sect. 64. "Every master, or other person, having the command for the Penalty for retime being of any ship or vessel, who shall report, or be privy or consenting porting to pilots to any other person's reporting, to any pilot taking the charge of such ship or a false account of a vessel's vessel a false account of the draught of water of such ship or vessel, shall draught of water, forfeit and pay for every such offence, in addition to the payment of the or altering the full rate of pilotage to the pilot entitled thereto, double the amount of such marks denoting pilotage; and any master or other person, having the command for the time such draught. being of any ship or vessel, or having any interest, share, or property therein, who shall fraudulently alter any marks on the stem or stern post thereof,

8. The Pilot Act, &c.

6 Geo. 4, c. 125.

Description of

pilot to be on his

licence, &c.

No pilot shall act until his licence has been regis

tered, nor without producing it.

Penalty.

Licences to be delivered up when required,

and on death of a pilot his licence

denoting the draught of water, or shall be privy and consenting thereto, shall, for any such offence forfeit and pay the sum of 5001.

Sect. 65. "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 or other person having the command of a ship or vessel 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 or other person is hereby required forthwith to transmit a copy of such licence to the corporation or other authority by whom such licence shall have been granted, stating the date thereof, together with such account and description of the person producing such licence as may lead to the discovery of the offender."

Sect. 66. "No person shall take charge of any ship or vessel, or in any manner act as a pilot, or receive any compensation for acting as a pilot, until his licence shall have been registered by the principal officers of the custom house of the place at or nearest to which such pilot shall reside, (which offcers are hereby required to register the same without fee or reward), nor without having his licence at the time of his so acting in his personal cus tody, and producing the same to the master of any ship or vessel, or other person who shall be desirous of employing him as a pilot, or to whom he shall offer his services, on pain of forfeiting a sum not exceeding 30L., nor less than 10l., for the first offence; and for the second or any subsequent offence, a sum not exceeding 50l., nor less than 30%; and upon further pain, as 19 any person licensed as aforesaid, of forfeiting his licence or being suspended from acting as a pilot, by and at the discretion of the corporation or other authority from which such pilot's licence was derived, either for the first. second, or any subsequent offence."

Sect. 67. Every pilot, licensed or to be licensed as aforesaid, shall, a all times when thereunto required, produce or deliver and yield up b licence to the corporation or other authority by which the same was granted and that on the death of any such pilot, his executors or administrators, e shall be returned one of them, or the person or persons to whose hands the licence of sac to the corporation deceased pilot shall come, shall without wilful delay transmit such licens or authority that to the corporation or other authority by which the same was granted, pain of such pilot, executor, administrator, or other person, forfeiting for an neglect therein, a sum not exceeding 201. nor less than 40s."

granted it.

Penalty.

Pilots keeping

(unless autho

rized) or offending

against the revenue laws, &c.

shall forfeit their

licences or be suspended.

Sect. 68. "From and after the passing of this act, if any pilot, license public houses, &c. by virtue of this act, or otherwise duly licensed, shall keep, or be concerns in keeping, either by himself or any agent or servant, or other person, shall in any way be interested in the keeping of any public house or tave or place of public entertainment, or in the selling of any wine or spiritues liquors, or tobacco or tea (unless such pilot shall have kept or been concerne or interested in the same before the 1st day of March, 1808, and shall be del authorized by the corporation, or other authority under which such shall act, to continue in such business or employment; or if any pilot, licens as aforesaid, shall be convicted of any offence against any law or relating to the revenues of customs or excise, or shall be concerned in shall wilfully connive at any indirect practices or frauds against the revenue of customs or excise, or shall procure, abet, connive at, or participate any destruction, spoil, or concealment, fraud, exaction, or corrupt pract relating to ships or vessels, or persons in distress at sea, or by shipwreck, relating to the tackle, apparel, or furniture, or the cargoes of such ships vessels, or relating to the crew or passengers belonging thereto, or the mone goods, or chattels of any of them, then and in every such case every shall (over and above all other punishments, mulcts, and penalties for offences), be adjudged to forfeit his licence, or shall be suspended from ing as a pilot, by and at the discretion of the corporation or other authent from which such pilot's licence was derived."

Pilots suspended or adjudged to have forfeited

Sect. 69. "If any person, suspended or adjudged to have forfeited licence as a pilot, shall, during the time of such suspension, or after adjudication, take upon himself to conduct any ship or vessel as a pil

such person shall be liable to all such penalties, to be recovered and applied in like manner and form as are provided by this act, against any person who shall pilot or conduct any ship or vessel without ever having been licensed as a pilot."

8. The Pilot Act, &c.

6 Geo. 4, c. 125.

their licences, liable to penalty for

Licensed pilots

Sect. 70. "It shall be lawful for any licensed pilot within the limits of his licence, and the extent of his qualification therein expressed, to super- acting. sede in the charge of any ship or vessel any person not licensed to act as a pilot, or not licensed so to act within such limits, or acting beyond the may supersede extent of his qualification; and every person assuming or continuing in the unlicensed ones. charge or conduct of any ship or vessel, without being a duly licensed pilot, Penalty on unor without being duly licensed to act as a pilot within the limits in which licensed persons such ship or vessel shall actually be, or beyond the extent of his qualification, acting as pilots as expressed in his licence, after any pilot, duly licensed and qualified to act in the premises, shall have offered to take charge of such ship or vessel, shall forfeit for every such offence a sum not exceeding fifty pounds nor less than charge of the ship. twenty pounds."

after a proper

pilot shall have offered to take

act as pilots.

Sect. 71. "For and notwithstanding any thing in this act contained, any When unlicensed person whatsoever shall and may lawfully, and without being subject persons, &c. may to any penalty by this act imposed, assume, or continue in the charge or conduct of any ship or vessel as a pilot, where and so long as a pilot duly licensed and qualified shall not have offered to take the charge of such ship or vessel, or made a signal for that purpose, or where and so long as such ship or vessel shall be in distress, or under circumstances which shall have rendered it necessary for the master of such ship or vessel to avail himself of the best assistance which at the time could be procured."

who shall decline

to go off to or take charge of vessels, or who shall quit

Sect. 72. "Every pilot licensed or to be licensed as aforesaid, who shall, Penalty ou pilots when not actually engaged in his capacity of pilot, refuse or decline or wilfully delay to go off to or on board of or to take charge of any ship or vessel wanting a pilot, and within the limits specified in his licence, and of which he shall be qualified to take charge, upon the usual signal for a pilot the same. being displayed from such ship or vessel, or upon being required so to do by the captain, or by any commissioned or warrant officer of or belonging to such ship or vessel (if the same shall be in his majesty's service), or by the master or other person having the command of such ship or vessel, or by any person or persons interested therein as principal or agent (if the same shall not be in his majesty's service), or upon being required so to do in 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 his majesty's customs (unless in any of the cases aforesaid), it shall be unsafe for such pilot to obey such signal, or comply with such requisition, or he shall be prevented from so doing by illness or other sufficient cause to be shown by him in that behalf; and every pilot licensed or to be licensed as aforesaid, who shall on any frivolous pretext quit any ship or vessel, or decline the piloting thereof, after he has been engaged to pilot the same, or after going alongside thereof, before the service shall have been performed for which he was hired, and without leave of the captain of such ship or vessel (if in his majesty's service), or of the master or other person having the command of such ship or vessel (if not in his majesty's service), shall forfeit for every such offence any sum not exceeding one hundred pounds, nor less than ten pounds, and shall be liable to be dismissed from being a pilot, or suspended from acting as such, at the discretion of the corporation or other authority by whom such pilot was licensed."

requiring the em

Sect. 73. "In case any pilot, licensed or to be licensed as aforesaid, shall Penalty on pilots employ or make use of, or shall compel or require any person having the for employing or command or charge of any ship or vessel, to employ or make use of any ployment of any boat, anchor, cable, hawser, or any other matter or thing in or for the boat, &c., beyond service or pretended service of such ship or vessel beyond what shall actually what is necessary, and bona fide be necessary and proper for the use thereof, with intent thereby thereby to into enhance or increase the charge or expense of pilotage or pilot assistance crease expense. of such ship or vessel, whether for the gain and emolument of such pilot, or