spect of Rates to Pilots, &c. If Rules defective, Privy Council shall the higher Classes of Ships, in the Absence of Pilots of the Upper Book, under the Provisions of this Act, for the better Support and Maintenance of the Upper Book Pilots, and also Penalties and Forfeitures for the enforcing such Rules and Regulations, and better ordering of the said Pilots, and for suspending or depriving any of the said Pilots of their Licences for breaking such Rules or Orders, or omitting to do any Thing required by the same to be done, or for acting in any wise contrary to such Rules or Orders. XII. Provided always, and be it further enacted, That if any such Rules and Regulations so hereaftr to be made in relation to amend, correct Cinque Port Pilots as aforesaid shall appear to be in any material Point erroneous, insufficient or defective, it shall be lawful for the Owner of any Ship, or other Person interested in the Matter of such Rules or Regulations, to apply to His Majesty's most Honourable Privy Council, who shall thereupon amend, correct or enlarge the same, or cause such other proper and sufficient Rules and Regulations to be drawn up for the Purposes aforesaid; which Rules and Regulations so made, or so amended, corrected and enlarged, shall be distributed, published and made use of in such Manner as His Majesty's said Privy Council shall in that Behalf appoint and direct; and the same shall take Effect from such Time as in the said Rules or Regulations shall be expressed in regard to the Commencement thereof. or enlarge the same. 48 G.3. c. 104. § 15. As to the Number of Cinque Port Pilots, and how and when to be increased. Increased • XXIII. And Whereas under the Provisions of an Act passed in the Forty eighth Year of the Reign of His said late Majesty King George the Third, intituled An Act for the better Regulation of Pilots, and of the Pilotage of Ships and Vessels navigating the British Seas, the Number of Pilots of the Cinque Ports was in'creased to One hundred and forty, and it hath been found that the 'said last mentioned Number is at present, in the Time of Peace, more than sufficient for the Trade and Navigation of this King'dom;' Be it thereof enacted, That until the Number of such Pilots shall by Death or otherwise be reduced below One hundred and twenty, or shall be added to, as hereinafter mentioned, it shall not be lawful for the said Lord Warden and Constable of Dover Castle, or his Lieutenant for the Time being, without special Permission in that Behalf given by His Majesty's most Honourable Privy Council, upon the Recommendation of the said Corporation of Trinity House of Deptford Strond, to fill up any more thar. each alternate Vacancy which shall arise in the Number of such Pilots: Provided always, that Twenty Cinque Port Pilots more, or any less Number of such Pilots, shall and may be added to the then existing Number whenever such Addition shall be directed to be made by an Order of such Privy Council, upon Application thereto for that Purpose by the said Corporation of Trinity House, and in like Manner from time to time, so as the Number of Cinque Port Pilots shall not at any One Time exceed One hundred and eighty, of which said Reduction or Additions respectively, Notice shall be given by or under the Authority of the Lord Warden of the Cinque Ports, in the London Gazette, and in One or more Newspaper or Newspapers circulating in the Counties of Middlesex and Kent. XXIV. And be it further enacted, That whenever such Additions to the Number of the said Pilots shall respectively take place, as blishment. as hereinbefore provided, the Numbers so increased shall from Pilots to be thenceforth be kept up from time to time by the Appointment of kept up. Pilots in succession, as often as any Vacancy or Vacancies shall Proviso for happen by Death, Incapacity or Dismission: Provided always, that Peace Estain Time of Peace no more than each alternate Vacancy in the Number of Cinque Port Pilots shall be filled up without a special Permission in that Behalf given by His Majesty's Privy Council, upon the Recommendation of the said Corporation of Trinity House, unless the Number of such Pilots shall, at the Time of such filling up, be reduced below One hundred and twenty, in which Case such Vacancy shall and may be filled up from time to time without such Permission as aforesaid. of Schedule (A.) may be demanded by Pilots, and no greater or less. XXV. And be it further enacted, That from and after the passing Rates in Tables of this Act, the respective Rates or Prices hereinafter enumerated (A.) and (B.) in the Tables marked (A. and B.) respectively in the Schedule marked (A.) to this Act annexed, shall and may be lawfully demanded and received by any Pilot licensed or to be licensed by the said Corporation of Trinity House of Deptford Strond, or by the Lord Warden of the Cinque Ports and Constable of Dover Castle for the Time being, or his Lieutenant for the Time being respectively, for the piloting or conducting of any Ship or Vessel from Place to Place, as expressed in the said Tables respectively; that is to say, the respective Rates or Prices enumerated in the said Table marked (A.) shall and may be demanded and received by any Pilot licensed or to be licensed by the said Corporation; and the respective Rates or Prices enumerated in the said Table marked (B.) shall and may be demanded and received by any Pilot licensed or to be licensed by the said Lord Warden of the Cinque Ports and Constable of Dover Castle for the Time being, or his Lieutenant for the Time being; and no greater or less Rates or Prices or other Reward or Emolument shall under any Pretence whatever be demanded, solicited, received, paid or offered than such Rates or Prices, on pain of forfeiting Ten Pounds for every Penalty. such Offence, as well by the Person demanding, soliciting or receiving, as also by the Person paying or offering such greater or less Rate or Price, Reward or Emolument. XXVI. Provided always, That it shall and may be lawful for the said Corporation of Trinity House of Deptford Strond (as to the said Rates or Prices to be demanded and received by Pilots licensed, or to be licensed, by the said Corporation), and for the said Lord Warden of the Cinque Ports and Constable of Dover Castle for the Time being, or his Lieutenant for the Time being (as to the said Rates or Prices to be demanded and received by Pilots licensed or to be licensed by the said Lord Warden and Constable, or his Lieutenant), and they are hereby respectively authorized and empowered from time to time, and at any Time or Times hereafter, with the Consent of His Majesty, His Heirs and Successors, in His or their most Honourable Privy Council, to increase, reduce, alter or modify all or any or either of the said respective Rates or Prices so enumerated in the said Tables respectively, or to substitute other Rates or Prices in lieu thereof, and the same Rates or Prices so increased, reduced, altered, modified or substituted as aforesaid, again in like Manner and with the like Consent from time to time to increase, reduce, alter or modify, Rates, &c. may be varied by modify, or others to substitute in lieu thereof, and to fix and determine the Period (so that the same be not less than Three Calendar Months from the giving of the Notice hereinafter mentioned) from and after which such altered or substituted Rates and Prices are to be demanded, of which Rates and Prices, and of the Period Notice thereof. from and after which the same are to be demanded, Notice shall from time to time be given, by hanging up printed Tables thereof in some public or conspicuous Place in the Custom House of London, and also at the Trinity House in London; and from and after the Period specified in such last mentioned Tables, the respective Rates or Prices therein enumerated may and shall be demanded and received by any Pilot licensed by the said Corporation of Trinity House, or by the Lord Warden of the Cinque Ports and Constable of Dover Castle for the Time being, or his Lieutenant for the Time being respectively, instead of the said several Rates and Prices mentioned in the said Tables marked Taking greater (A. and B.) respectively; and from and after such Period, no greater or less Rates or Prices, or other Reward or Emolument, shall, under any Pretence whatever, be demanded, solicited, received, paid or offered, on pain of forfeiting Ten Pounds for every such Offence, as well by the Person demanding, soliciting or receiving, as also by the Person paying or offering such greater or less Rate or Price. or less Rates, &c. Penalty. Persons applying for Licences shall execute a Bond for securing Obedience to Bye Laws. Free from Stamp Duty. Bonds already given to remain in force. New Bonds. Bye Laws, &c. under 48 G.3. c.104. or 52 G.3 c.39. to remain valid unless altered by this Act. XXVII. And be it further enacted, That every Person who shall apply for a Licence to act as a Pilot by virtue of this Act, shall, before any Licence shall be granted to him, execute a Bonding a penal Sum, at the Discretion of the said Corporation of Trinity House of Deptford Strond, or of the Lord Warden of the Cinque Ports and Constable of Dover Castle for the Time being, or his Lieutenant for the Time being (as the Case may be), to an Amount not exceeding One hundred Pounds, to be paid to the said Corporation, or to the Society or Fellowship of Pilots of Dover, Deal, and the Isle of Thanet (as the Case may be), their Successors or Assigns, with a Condition subjoined thereto for better securing the due Obedience of such Pilot to the Bye Laws, Rules, Orders, Regulations and Ordinances made in pursuance of any Act or Acts of Parliament heretofore passed, or which shall be made and framed pursuant to this Act, which Bond shall be capable of being given in Evidence in any Court of Law or Equity, without being stamped according to the Laws relating to the Stamp Duties: Provided always, that all bonds before given by Pilots under any former Act or Acts of Parliament shall continue in force, and be deemed to be given under this Act, unless new Bonds shall in any Case be required by the said Corporation, or by the said Lord Warden and Constable, or his Lieutenant respectively, in which Case new Bonds shall be given accordingly. XXVIII. And be it further enacted, That all Bye Laws, Rules, Orders, Regulations and Ordinances made under the said recited Act of the Forty eighth Year of the Reign of His said late Majesty, or under the said recited Act of the Fifty second Year of the Reign of His said late Majesty, or either of them, and which shall be in force under the same respectively at the Time of the passing of this Act, shall remain, continue and be in full force and virtue, until the same respectively shall have been annulled or altered, altered, or other Bye Laws, Rules, Orders, Regulations or Ordinances made in lieu thereof under this Act, and shall be and are hereby declared to be good and valid Bye Laws, Rules, Orders, Regulations and Ordinances under this Act, as fully as if they had been made under the Authority of the same; any Thing hereinbefore, or in any other Act of Parliament, to the contrary notwithstanding. By whom Licences may be red or susrevoked, annulled pended. Pilots suspended, &c. and Persons complaining against XXIX. Provided always, and be it further enacted, That as well every such Licence so granted or to be granted, renewed or confirmed, by the said Corporation of Trinity House of Deptford Strond as aforesaid, as also every such Licence so granted or to be granted by the said Lord Warden of the Cinque Ports and Constable of Dover Castle, or his Lieutenant for the Time being, as aforesaid, shall and may be by the said Corporation, or by the said Lord Warden and Constable of Dover Castle, or his Lieutenant for the Time being respectively, annulled, suspended or adjudged to be forfeited, in such Manner and at any such Time or Times as to them the said Corporation and Lord Warden, or his Lieutenant for the Time being respectively, shall seem meet, as well during as at the End of the Period for which such Licences respectively shall have been so granted, renewed or confirmed as aforesaid. XXX. Provided always, and be it further enacted, That every Pilot whose Licence shall be revoked, annulled, suspended or adjudged to be forfeited, or who shall be suspended from acting as a Pilot, as hereinbefore or hereinafter mentioned, shall and may, at any Time within Six Months next after such Revocation, An nulling, Suspension or Adjudication shall have been made, and upon giving Notice to the Corporation or other Authority by which such Licence shall have been so revoked, annulled or suspended, or such Adjudication made as aforesaid, and every Person who, having complained of any such Pilot, shall be dissatisfied with the Adjudication made upon the Matter of such Complaint by the Corporation or other Authority which shall have Cognizance thereof, shall and may, at any Time within Six Months next after such Adjudication, and upon giving Notice to the Corporation or other Authority Notice thereof. by which such Adjudication was made, appeal to His Majesty's most Honourable Privy Council, who shall thereupon hear the Appeal, and confirm or annul any Determination or Adjudication in the Premises, or at their Discretion make any particular and special Order relating thereto, and to the Matter of such Appeal, and the Costs thereof, as the Case may require. XXXI. And be it further enacted, That it shall be lawful for the said Corporation of Trinity House of Deptford Strond, and for the said Society or Fellowship of Pilots of Dover, Deal and the Isle of Thanet, and also for all other Corporate Bodies, or Persons having lawful Authority to appoint Pilots within the Limits of their respective Jurisdictions, to license Vessels. of such Size and Description as shall appear to them to be proper, for the Purpose of having Pilots constantly in attendance in such Vessels at Sea, and to nominate and appoint, and from time to time to remove and again appoint the Masters of such Vessels respectively; and for the better Support of such Pilot Vessels, it shall be lawful for any Number of Pilots, licensed by virtue of this Act, or otherwise lawfully licensed, with the Consent of the said Corporate Bodies, or them, may appeal to Privy Council. By whom Ves. sels to be licensed for having Pilots in attendance at Sea, &c. Such Vessels subject to Rules, &c. How Pilot Boats are to be distinguished. Penalty. Pilot carried off in any other Boat to display a Flag. Penalty. Carrying distinguishing Flag without Pilot. Penalty. Boat running before a Vessel, not having a Pilot, and which cannot be boarded, entitled to Pilotage. or Persons by whom respectively such Pilots have been or shall be appointed as aforesaid, to constitute a Joint Stock Company or Companies, for the providing and maintaining of such Pilot Vessels, which Companies and the said Vessels shall at all Times be subject to such Rules and Regulations as shall from time to time be sanctioned and approved in that Behalf by the Corporate Bodies, or Persons by whom respectively such Pilots shall respectively have been licensed. XXXII. And be it further enacted, That every Pilot Boat or Vessel, or other Boat or Vessel, in the Pilot Service of any Corporation or Society established by Law, in relation to Pilotage, or or or belonging to any Person authorized to act as a Pilot by such Corporation or Society, shall at all Times, and on every Station, be fitted with Black Sides, and have the upper Streak next the Gunwale painted White, and shall while afloat carry a Flag at the Mast head, or on a Sprit or Staff, or in some other equally conspicuous Situation, which Flag shall be of large Dimensions, proportioned to the Size of the Boat or Vessel carrying the same, and shall be Half Red and Half White, in horizontal Stripes, of which the uppermost shall be White, and the same shall at all Times be kept and preserved in a clean and distinct Condition, so as to be easily discerned at a proper and sufficient Distance; and every such Boat or Vessel shall also have the Name of the principal Pilot thereof for the Time being painted in broad White Letters, of Three Inches in Length, on a Black Ground, on her Stern, and on each Bow such Number as shall be expressed in the Licence of such principal Pilot, which Name and Number shall not be hid or concealed by any Person at any Time, on pain of forfeiiting, for the Omission or Evasion of any of the Provisions hereinbefore made in respect of such Pilot Boat or Vessel, the Sum of Twenty Pounds, to be paid by the senior Pilot on board, who is hereby declared answerable for the due Observance of the Matters aforesaid, by every Person on board such Boat or Vessel; and in case any Pilot shall be carried off in any Boat not in the Service of any such Corporation or Society, such Pilot shall exhibit a similar Flag at the Mast head, or on a Sprit or Staff, to distinguish that such Boat has a Pilot on board, on pain of such Pilot so carried off forfeiting the Sum of Twenty Pounds, unless he shall show reasonable Cause for having omitted to exhibit such Flag. XXXIII. And be it further enacted, That if any Boat or Vessel, not having a licensed Pilot on board, shall without lawful Authority carry such distinguishing Flag as aforesaid, the Owner or Owners, or the Master or other Person having charge of such Boat or Vessel, displaying or carrying any such Flag, shall for every such Offence forfeit and pay a Sum of One hundred Pounds. XXXIV. And be it further enacted, That if any Boat or Vessel shall run before any Ship or Vessel not having a licensed Pilot on board, when such Ship or Vessel cannot, from particular Circumstances, be boarded for the Purpose of directing her Course, until a licensed Pilot can be put on board, the Pilot on board such Boat or Vessel, or if no Pilot shall be on board and the Person having charge of her shall run her before such Ship or Vessel, at the Request or by the Direction of the Master, or other Person |