Part III. CHAPTER VII. OF PILOTS. SECT. 1. Of Pilots generally, p. 148. 2. Of the Trinity House and its Jurisdiction, and the Cinque Port Pilots, p. 149. 4. Of Compulsory Pilotage, p. 155. 5. What Vessels need not take a Pilot, p. 156. 6. Miscellaneous, p. 158. 7. Exemption of Owners and Masters from Liability in case of Damage by fault of Pilot, p. 159. 8. Pilotage of Foreign Ships, p. 160. 1. Of Pilots generally. [THE name of pilot, or steersman, is applied either to a particular officer, serving on board a ship during the course of a voyage, and having the charge of the helm and of the ship's route; or to a person taken on board at a particular place for the purpose of conducting a ship through a river, road, or channel, or from or into a port. The French ordinance contains several regulations calculated to obtain the necessary skill and experience in persons of the first description (a). In this country there is no particular provision relating to them, and many ships are navigated without an officer of this description, the master taking upon himself the charge of the helm, and the conduct of the vessel. Pilots of the second description are established at several places in this country by ancient charters of incorporation; and, in general, the master of a ship engaged in foreign trade must put his ship under the charge of such a pilot, both in his outward and homeward voyage, within the limits of every such establishment (b). An account of these establishments, and of the ports to which they relate, would be improper in a general treatise; and masters of vessels may easily acquaint themselves with the regulations on this subject, relating to the particular navigation in which they are employed.] As to the meaning of "pilot" in the Merchant Shipping Acts, see sect. 2 of M. S. Act, 1854. (a) Liv. 2, tit. 4: Du Pilote. (b) Law v. Hollingsworth, 7 Term Rep. K. B. 160; 52 Geo. 3, c. 39, s. 59. Phillips v. Headlam, 2 B. & A. 380. The William, 6 Rob. 316. 2. Of the Trinity House and its Jurisdiction, and the Cinque Port Pilots. The most important of these pilotage authorities is the corporation of the Trinity House, Deptford Strond (c). The 16 & 17 Vict. c. 129 (still, as respects some of its sections, in force) (d), after reciting that it is expedient that the right of piloting ships outwards from the port of London and inwards to the same port should be subject to uniform authority and control, makes certain provisions as to Cinque Port pilots and Trinity House pilots. The Trinity House may, in the exercise of the general power given to pilotage authorities, alter such of the provisions of the Merchant Shipping Act, 1854, as are expressed therein to be subject to alteration, in the same manner as they might have altered the same if they had been contained in any previous Act of Parliament (e). The Trinity House is empowered (as are also the Trinity Houses of Hull and Newcastle) (f) to appoint sub-commissioners for the examination of pilots, in all districts in which they have been used to make such appointments, and, with the consent of her Majesty in council as respects the Trinity House, for other districts in which no particular provision is made by Act of Parliament or charter for the appointment of pilots, and as respects the Hull and Newcastle Trinity Houses for other places within their jurisdiction (g). The limits for which the Trinity House is empowered to license pilots are the London district, comprising the Thames and Medway as high as London and Rochester Bridges, and all the seas and channels leading thereto or therefrom, as far as Orfordness to the north, and Dungeness to the south; the English Channel district. between Dungeness and the Isle of Wight; and the Trinity outport districts, comprising any pilotage district for the appointment of pilots within which no particular provision is made by charter or Act of Parliament (h). No pilot shall be hereafter licensed to conduct ships both above and below Gravesend (i). Notice of the names and abodes, and of the limits of the licenses of all pilots licensed by the Trinity House, are to be fixed up at its house in London, and copies thereof transmitted to the Commissioners of Customs in London and the outports, to be posted up by them at their respective Custom-houses (k). (c) See 25 & 26 Vict. c. 63, ss. 39, 40. (d) See Appendix. The Act, except sects. 3, 4, 5, 8, 10, and so much of sect. 9 as relates to the recovery of pilotage rates by Cinque Port pilots before 17 & 18 Vict. c. 120 came into operation, was repealed by this latter statute, by which also it is enacted, (sect. 6), that sects. 4 and 9 of 16 & 17 Vict. c. 129, shall be construed as Chap. 7. Part III. Cinque Port pilots. Every Trinity House pilot shall execute on his appointment a bond for 1007. conditioned for the due observance on his part of the regulations and bye-laws of the Trinity House; and no qualified pilot, who has executed such bond, shall be liable for neglect or want of skill beyond its penalty and the amount of pilotage payable to him in respect of the voyage for which he is engaged (a). The Trinity House has power to revoke or suspend the license of any pilot appointed by it (b). Such licenses continue only in force until the 31st day of January in the year next after their date, but may then be renewed by endorsement under the hand of the secretary of the Trinity House, or other person appointed by them for that purpose (c). By Order in Council of the 16th day of July, 1857, "Any master or mate who hold a pilotage certificate granted by the said Trinity House under the said Act, enabling him to pilot any ship or ships, shall be qualified to pilot any other ship or ships belonging to the same owner or owners as the ship or ships for which his certificate was granted, within the limits described in such certificate, without being compelled to employ a pilot, on the following conditions, viz. : "The ship or ships which he is so qualified to pilot shall be of no greater draught of water than the ship or ships in respect of which his certificate was granted. "The name and description of every ship which he is so qualified to pilot shall have been by or with the consent of the said Trinity House first added to, or endorsed upon, his certificate." As to Cinque Port pilots, see 16 & 17 Vict. c. 129; 35 & 36 Vict. c. 73, s. 10. As to the bounds of the Cinque Ports, see 1 & 2 Geo. 4, c. 76, s. 18. 3. Of the General Regulations of the 17 & 18 Vict. c. 104, respecting Pilotage Authorities and Pilotage. The fifth part of the Merchant Shipping Act, 1854, that is to say, the enactments relating to pilotage apply to the U. K. only, sect. 330. As to the meaning of "pilot," "qualified pilot," and "pilotage authority" in the M. S. Acts, see sect. 2 of M. S. Act, 1854. By the 17 & 18 Vict. c. 104, it is provided that every pilotage authority within the U. K. (d) shall retain the powers and jurisdiction which it now lawfully possesses, so far as the same are consistent with the provisions of that Act (e). It shall have power also, by bye-laws made with the consent of Her Majesty in council, to exempt the masters of ships from being compelled to employ qualified pilots, on such terms and conditions as may appear desirable to it (f)-to Chap. 7. determine from time to time within its districts the qualifications to be required of persons applying to be licensed as pilots-to make regulations as to the licensing of pilot boats and ships, and companies for their support-to make regulations for the good government and conduct of pilots licensed by it, the effective performance by them of their duty, and the terms and conditions on which licenses to pilots and apprentices, and pilotage certificates to masters and mates, may be granted, withdrawn, or suspended-to fix, alter and reduce the rates of pilotage-to make arrangements with any other pilotage authority for altering, extending, or restricting their respective limits, for the purpose of facilitating navigation, or reducing the rates on shipping-to establish, either alone or in conjunction with other pilotage authorities, funds for the relief of superannuated or infirm qualified pilots, or of their wives, widows, and children—and to repeal or alter any bye-laws made in exercise of the above powers, and make a new one in lieu thereof, notwithstanding any Act of Parliament, rule, law, or custom to the contrary (g). By 25 & 26 Vict. c. 63, s. 39, the Board of Trade is empowered by provisional order, which is not to take effect unless confirmed by parliament, to prepare schemes to be afterwards embodied by them in public general bills, for effecting the objects contemplated by these enactments, and for further amending the law concerning pilotage, with a due regard to existing interests, and to the circumstances of each particular case, and for this purpose,― (1.) Whenever any pilotage authority residing or having its place of business at one port has or exercises jurisdiction in matters of pilotage in any other port, to transfer so much of the said jurisdiction as concerns such last-mentioned port, to any harbour trust or other body exercising any local jurisdiction in maritime matters at the last-mentioned port, or to any body to be constituted for the purpose by the provisional order, or, in cases where the said pilotage authority is not the Trinity House of Deptford Strond, to the said Trinity House; or to transfer the whole or any part of the jurisdiction of the said pilotage authority to a new body corporate or body of persons to be constituted for the purpose by the provisional order, so as to represent the interests of the several ports concerned: (2.) To make the body corporate or persons to whom the said transfer is made a pilotage authority within the meaning of the principal Act, with such powers for the purpose as may be in the provisional order in that behalf mentioned: To determine the limits of the district of the pilotage authority to which the transfer of jurisdiction is made: To sanction a scale of pilotage rates to be taken by the pilots to be licensed by the last-mentioned pilotage authority: Part III. To determine to what extent and under what conditions any pilots already licensed by the former pilotage authority shall continue to act under the new pilotage authority: To sanction arrangements for the apportionment of any pilotage funds belonging to the pilots licensed by the former pilotage authority between the pilots remaining under the jurisdiction of that authority, and the pilots who are transferred to the jurisdiction of the new authority: To provide for such compensation or superannuation as may be just to officers employed by the former pilotage authority and not continued by the new authority: (3.) To constitute a pilotage authority and to fix the limits of its district in any place in the U. K. where there is no such authority; so, however, that in the new pilotage districts so constituted there shall be no compulsory pilotage, and no restriction on the power of duly qualified persons to obtain licenses as pilots. (4.) To exempt the masters and owners of all ships, or of any (5.) In cases where the pilotage is not compulsory, and where (7.) In cases where the pilotage is not compulsory, and where (8.) To give facilities for enabling duly qualified persons, after proper examination as to their qualifications, to obtain licenses as pilots (a). (a) By 25 & 26 Vict. c. 63, s. 40, the following rules are to be observed with respect to provisional orders made in pur suance of this act. 1. Application in writing for such order shall be made to the Board of Trade by some persons interested in the pilotage of the district or in the |