and controller at the port from whence the same were shipped, within the 28 Geo. 3. space of seven days next after the landing thereof, under the penalty of 10l. to c. 38. be paid by the officer neglecting to transmit such certificate to the persons who shall inform against such officer; and the said collector and controller at Certificate of the port at which such wool or other the said last-mentioned articles shall be landing. landed, shall also grant and deliver another certificate of such landing to the master or commander of the vessel from which the same shall be landed, without fee or reward, when the same shall be requested; and all such bonds Bonds not duas shall remain undischarged by such certificate for six calendar months, shall ly discharged. be transmitted to the commissioners of customs at London, who are hereby required to put them in suit immediately; and if the wool, or other the said Notice of wool articles mentioned in such notices, shall not be landed at the port to which not landed. the same were consigned within a reasonable time for that purpose, then the collector and controiler at the port to which the same were licensed to be sent, shall transmit a notice thereof to the collector and controller at the port from whence such wool or other articles were shipped, in order that proper inquiry may be immediately made in what manner the same have been disposed of or delivered, and which inquiry the said collector and controller are hereby required to make without delay.

42.

Rule 8. No master of any vessel who shall ship or load any wool to be Wool not to carried coastwise shall, at any time, under any pretence whatsoever, unpack, be unpacked, or suffer to be unpacked, any wool to him delivered (except through absolute necessity, of which necessity such master shall make oath, in writing, before one of His Majesty's justices of the peace, on his arrival at the port to which such wool shall be consigned), upon pain of forfeiting for every bag so unpacked, the sum of 40s. to the owner or proprietor of such wool.

Rule 9. "And for the better preventing of frauds in the collusive landing Articles to be "of any wool or woollen or worsted yarn, or in the shipping or landing any of duly shipped "the several articles hereinbefore enumerated, carried coastwise," it is further and landed, $43. enacted, that none of the said articles carried coastwise shall be shipped or landed, but in the presence of the proper officers appointed to attend the same, nor at any other place than the lawful quays, or at such other wharfs or places as the commissioners of customs (and which they are hereby empowered to do), shall from time to time, by writing under their hands, appoint for that purpose (such appointment to continue in force until they shall revoke the same), without special sufferance and leave obtained from the commissioners Sufferance. ¡ or principal officers of custo.ns, upon pain of forfeiting the said wool or other articles, or the value thereof, and 3s. for every lb. of such wool or other articles, to be paid by the persons concerned in such unlawful shipping or landing, to the persons who shall inform thereof.

Rule 10. All cockets for carrying wool, or any other the aforesaid articles, Cockets and from any port within Great Britain, or the isles aforesaid, shall be written on certificates to paper, and not parchment, and signed by three or more of the chief officers be on paper, and signed, of such respective ports, and all certificates of landing the same again, in any § 44. other of the said ports, shall be written upon paper only, and signed in like manuer; and all such wool, and other the aforesaid articles, both at shipping Weighing. and landing, shall be weighed in the presence of the said officers giving such cockets and certificates respectively, and the exact weight, marks, and numbers Weights, of such wool, and other the aforesaid articles, so shipped and landed, shall marks, and be likewise particularly expressed in the said cockets and certificates respectively, and written therein, without any obliteration, erasure, or interlineation Erasure, &c. whatsoever.

numbers.

seize, § 49.

Rule 11. It shall be lawful for the master, or any other commissioned or Commanders deputed officer of any of His Majesty's ships or sloops, in any port, creek, or of King's ships to search and road, or in the open seas, within the limits of the station which shall be assigned to any such ships or sloops, and he is hereby required, to enter and search, or cause to be entered and searched, any vessel or boat; and if upon such search any sheep, wool, or any other of the said articles hereby prohibited

28 Geo. 3. .. 89.

from being exported, shall be found therein, and the master of such vessel or boat shall not immediately produce to the commander of such vessel a lawful cocket or warrant, licensing such articles to be carried coastwise, or to the said isles, or some of them, such commander (a) is hereby directed to seize such vessel or boat, and to carry the same, together with the crew and cargo thereof, into some port in Great Britain, and there deliver the same into the custody of the collector and controller of such port.

(a) As to officers of army, customs, excise, &c. see TITLE 5, Rules 76, 83, 99, and 100.

PART VIII.

TITLE CCXXXVII.

PILOTS AND PILOTAGE.

[THE following are the regulations concerning Pilots and Pilotage so far as they affect Owners and Masters of Vessels and Officers of Revenue. This subject was not included in the former editions, but it is now introduced from a wish to render the work as generally useful as possible.]

[For Rates of Pilots and Pilotage, see TITLES 265 and 266.]

Rule 1. ALL the things relating as well to pilots appointed by the corporation of 52 Geo. 3. Trinity-house of Deptford Strond, as to pilots of the fellowship of Dover, Deal, and c. 39. § 1. the Isle of Thanet, and to the pilotage by and regulation of all such pilots, and also as Former acts to the conduct of all persons in matters of pilotage within the jurisdiction of the said repealed. corporation of the Trinity-house of Deptford Strond, and the liberty of the Cinque Ports, which are contained in any acts of parliament heretofore made, are hereby repealed.

$10.

Rule 2. A proper number of pilots of the Cinque Ports, not less than eighteen at Pilots to ply any one time, and in succession, from time to time, without intermission, or any unne- and to take cessary delay, shall, at all seasonable times, by day and night, constantly ply at sea, charge of or be afloat, between the South Foreland and Dungeness, to take charge of vessels ships from westward, coming from the westward; (a) and proper signals shall be established, to be made at and from signal houses on commanding situations near to Dover, to give notice of fleets of vessels coming from the westward; and upon the making of any signals, giving such notice, all Cinque Port pilots not on duty at the time shall, according to such regulations, as to number, rotation, or otherwise, as have been or shall be made in that behalf, forthwith prepare to go afloat, and shall go off in sufficient time to fall in with such vessels on pain of forfeiting, in case of neglect herein, for the first offence, 201. and for the second the offender shall be suspended from acting as a pilot for twelve months, and for the third offence shall forfeit his licence to act as such pilot, and shall be rendered thereby incapable of acting thereafter as a pilot.

facilitate getting on board,

§ 11.

Rule 3. The master of any vessel coming from the westward, and bound to any Ships from place in the rivers of Thames or Medway, not having a duly qualified Cinque Port westward not pilot on board, shall, on the arrival of such vessel off Dungeness, and until she have having a pilot, passed the buoy of the brake, or a line to be drawn from Sandown castle to the said shall display buoy, (unless in the mean time she shall have received a proper Cinque Port pilot on a signal and board) display and keep flying the usual signal for a pilot to come on board; and if any duly qualified Cinque Port pilot shall be within hail, or approaching, and within a half a mile, with the proper distinguishing flag or vane flying in his vessel or boat, the master of such vessel shall, by heaving to in proper time, or shortening sail, or by all practicable means consistently with the safety of the vessel, facilitate such pilot getting on board, and shall give the charge of piloting his vessel to such Cinque Port pilot; and every person commanding any such vessel, who shall fail so to do, or who shall decline to take any such Cinque Port pilot on board, or to give such charge of his vessel to such pilot, or who shall not heave to, shorten sail, or otherwise facilitate such pilot coming on board as aforesaid, consistently with the safety of the vessel, shall forfeit double the amount of the sum which would have been demanded for the pilotage of such vessel, and shall forfeit the further sum of 51. for every 50 tons burthen of such vessel: provided, that such additional penalty of 51. for every 50 tons shall not in any case be sued for or recovered, unless the corporation of the Trinity-house, as to all cases in which pilots licensed by or under the said corporation shall be concerned, or unless the lord warden for the time being, or his lieutenant for the time being, shall li

(a) This regulation may be suspended: see Rule 63 of this title.

52 Geo 3. c. 89.

Pilots may repair on board ships.

Pilots unduly quitting vessels, § 12.

Ramsgate,

wich, and Margate, $18.

cense and authorize by written certificate the proceeding for such additional penalty as to all causes in which pilots by or under the said lord warden shall be concerned: provided, that if any vessel 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 any licensed pilot other than a Cinque Port pilot on board, it shall be lawful for a Cinque Port pilot to repair on board the same at any time before such vessel shall have been at an anchor one hour with the signal for a pilot flying, and to take charge of her up the said rivers, but not otherwise.

Rule 4. If any Cinque Port pilot, taking charge of any vessel into the Thames or Medway, shall quit such vessel at Gravesend, or in any other part of the Thames, or in any part of the Medway, before such vessel shall have arrived at the place to which she is bound in the said rivers, without the consent of the captain thereof, unless some other duly qualified pilot shall with such consent come on board, and shall take the charge and conduct of such vessel for the residue of the pilotage to be performed, every such pilot shall forfeit for every such offence all pay or reward to which he might be entitled for having piloted such vessel, and shall also be subject to such other penalty or punishment as, by virtue of any of the provisions of this act, or of the regulations to be established in pursuance hereof, any pilot shall be liable to for quitting a vessel before she shall arrive at her place of destination.

Rule 5. All pilots whose licences or warrants shall authorize them to pilot vessels Dover, Sand- from any place to the westward, up to London Bridge, shall qualify themselves, and shall be examined as to their qualification and ability to conduct any vessel into and out of Ramsgate harbour, and the harbours of Dover, Sandwich, and Margate, and shall be obliged to pilot any vessels into and out of the said harbours; and if any such pilot shall refuse to take charge of or conduct any vessel into or out of any of the said harbours, such pilot shall forfeit all pay and reward to which he might otherwise be entitled for the pilotage of any such vessel, and shall be subject to such fine or other punishment as shall be established in that behalf by the regulations of the corporation or society to which such pilot shall belong. (a)

Rates, 19.

Rule 6. Every licensed pilot who shall take charge of and conduct any vessel into or out of Ramsgate harbour, or into or out of Dover, Sandwich, or Margate, shall be entitled to and shall receive for such pilotage at the rate of 5s. for every foot of the draught of water of the vessel, if such vessel shall have been so piloted into or out of the same in moderate weather, but if, under any circumstances of distress, then such pilot shall be entitled to such further sum of money, to be calculated according to the extent and circumstances of such distress, as the commissioners of salvage, established under the lord warden of the Cinque Ports, shall, upon application either of the pilot, or owner or master of any such vessel, upon inquiring into all such circumstances, direct; and such commissioners shall, upon any such application made, inquire into all such circumstances, and determine the amount of the sum so to be paid for the piWhen pilot- lotage of any such vessel into the said harbours respectively: provided, that on the arrival of any vessel, and as soon as she shall be moored in any of the said harbours, it shall be lawful for the pilot to demand the pilotage due to him, and to quit the ship forthwith.

age may be demanded.

Removal of

Rule 7. Nothing in this act shall be construed to prevent any vessel which shall be ship in port, brought into any port in England by any pilot duly licensed, from being afterwards re§ 22. moved in such port by the master of such vessel, or if in ballast, by any other person appointed by any owner, or the master, or any agent of the owner, for the purpose of entering into or going out of any dock, or for changing the moorings of such vessel.

Insurance, $ 26.

How far

owners llable, § 27.

King's ships, § 29.

Rule 8. No owner or master of any vessel shall be answerable for any loss or da mage, nor shall any owner of any vessel, or consignee of goods, be prevented from recovering any loss or damage upon any contract of insurance of the same, or upon any other contract relating to any vessel, or any cargo on board the same, by reason of no pilot being on board of any such vessel, unless it shall be proved that the want of a pilot shall have arisen from any refusal to take a pilot on board, or from the wilful neglect of the master of the vessel in not heaving to or using all practicable means consistently with the safety of the vessel for the purpose of taking on board any pilot who shall be ready and offer to take charge of such vessel.

Rule 9. No owner of any such vessel shall be liable, in any such case, for any loss or damage beyond the value of such vessel and her appurtenances, and the freight due or to grow due for such voyage wherein such loss or damage may happen or arise. Rule 10. This act shall not extend to any vessels belonging to His Majesty, as to their being compelled to take pilots on board.

(6) As to boatmen, see Rule 49 of this title.

60 tons.

Rule 11. This act shall not extend to any vessel not exceeding the burthen of 60 52 Geo. 3. tons, having British registers, nor to any master or owner of any such vessel in re- c. 39. § 29. spect thereof, or of the navigating of the same in any channel, river, or place whatever. Vessels above Rule 12. No owner or master of any vessel shall be answerable for any loss or daraage, nor shall any owner of any vessel or consignee of goods be prevented from re- Incompetency covering any loss or damage upon any contract of insurance of the same, or upon any of pilots, 30. other contract relating to any vessel, or any cargo on board the same, for any neglect, default, incompetency, or incapacity, of any pilot taken on board of any such vessel under or in pursuance of this act.

Rule 13. This act shall not deprive any persons of any remedy, by civil action, Civil action, against pilots or other persons, which they might have had if this act had not been § 31. passed.

Rule 14. This act shall not extend to the taking away, or interrupting of any Separate jugrants or privileges heretofore granted by any charters or acts of parliament to the pi- risdictions, lots of the Trinity-house of the town of Kingston-upon-Hull, or the Trinity-house of § 39. Newcastle-upon Tyne, or to give any authority to the corporation of the Trinity-house of Deptford Strond, within any ports or districts having separate jurisdictions in matters of pilotage under any act of parliament or charter; or to alter or repeal any provisions contained in any act of parliament relating to the pilots of any ports or districts in relation to which provisions shall have been made in any act of parliament as to pilots or pilotage, or the pilotage within the limits prescribed by any act of parliament relating to pilotage for such ports, or to the burthen of vessels navigating to or from such ports.

Rule 15. This act shall not prevent or hinder the master or mate of any vessel, or Owners pilotowner or part owner, residing at Dover, Deal, or the Isle of Thanet, from conducting or ing, § 33. piloting his own vessel up or down the rivers Thames or Medway, or into or out of any place within the jurisdiction of the Cinque Ports.

Rule 16. It shall be lawful for any licensed pilot to supersede any person not li- Licensed pi censed as a pilot in the charge of any vessel within the limits of his licence: and every lots to have master of any vessel who shall continue to act himself as a pilot, or who shall con- preference, tinue any unlicensed person, or any licensed person acting out of the limits for which 34. he is qualified as a pilot, after any pilot licensed to act within the limits in which such vessel shall then actually be shall have offered to take charge of the vessel; and every person assuming or continuing in the charge or conduct of any vessel without being duly licensed to act within the limits in which such vessel shall actually be, after any pilot duly licensed and qualified to act in the premises shall have offered to take charge of such vessel; shall respectively forfeit for every such offence a sum not exceeding 501. nor less than 207.

Rule 17. The corporation of Trinity-house of Deptford Strond are hereby autho- Rates may be rized and required to establish, and alter, from time to time, as circumstances shall render altered, § 35 the same necessary, regular rates of pilotage in relation to all pilotage performed in any river, port, or place, or upon any coast whatever, by any pilot or pilots who shall be licensed by the said corporation, upon their receiving certificates of examination from any sub-commissioners of pilotage hereby directed to be appointed; which rates shall be regulated by and proportioned as well to the size and draught of water of the vessels, as to the distance piloted, the detention and responsibility of the pilot, and such other circumstances as the said corporation may think fit to take into consideration in fixing and establishing such rates; of which establishment or alterations of rates of pilotage, notice shall be given by hanging up printed tables thereof, corrected from time to time as variations therein shall be made, at the several custom houses at the ports to which the said rates shall apply.

Rule 18. If the major part in number of the pilots who shall be licensed by the cor- Pilots and poration of Trinity-house of Deptford Strond, for any particular place, in consequence owners dissa of their receiving certificates of examinations, shall be dissatisfied with such rates, or in tisfied with case any owners of vessels, interested in any such rates, shall be dissatisfied with such rates, 36. rates, it shall be lawful for such parties respectively to appeal to the lords of the privy council; and it shall be lawful for any committee of such privy council, calling to their assistance any such persons as they may think fit, to hear and determine the matter of such appeal, and to regulate such rates, as to them shall appear to be expedient, in case the matter of such appeal shall in the discretion of the said committee of privy council appear to require the making any orders therein.

Rule 19. The master of any ship or vessel bound to the river Thames, and which Quarantine, shall repair to Standgate Creek for the performance of quarantine, shall pay the full § 42. charges of pilotage up to Gravesend or Standgate Creek or other place appointed for the performance of quarantine; and every pilot conducting any such vessel to Stand