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1. T ensió Leb14.29 JI bo'le written · PILOTS, SALVAGE, AND BALLAST LIGHTERS. 91!3 sgildo

DIRY 100 1922gv

Hos 692 of 19dH 39 and 40 Geo. III. Cap. 10. Royal Assent, 4th April, 1800.

? ist; till bill goitzso An Act for the appointment and regulation of Pilofs for the

conducting of ships and vessels into and out of the port of Kingston-upon-Hull; and for ascertaining the Salvage for Anchors, Cables, and other ships materials, found in the river Humber; and for the better ascertaining the tonnagevof ballast lighters employed at the said port. i nThiogu

durid se intake tolia Preamble.

1. WHEREAS the corporation of wardens, elder brethren, and assistants of the guild or brotherhood of the Trinity House of Kingston-upon-Hull, have for a long period of years, by usage, as well as by virtue of letters patent or charters granted to them by the crown, exercised the power of appointing pilots to conduct ships and vessels from the river Humber to cross the seas, or to pass from the said river Humber beyond Plamborough Head northward and Wintertonness southward; but they are not invested with sufficient powers to prevent other persons from acting as pilots within the said limits: and whereas it would greatly tend to the safety of ships and vessels sailing or trading from and to the port of Kingston-upon-Hull, if effectual powers were given for appointiug and regulating of pilots for conducting of such ships and vessels between the said port and the sea, and for a small distance out at sea; and for preventing persons not so appointed, from acting as pilots of any such ships and vessels, or of any ships or vessels destined from the said port to cross the seas, or to pass beyond Flamborough Head northward, or Wintertonness southward; and also for settling and ascertaining the salvage for anchors, cables, and other ships materials, found in the said river Humber; and for the better ascertaining the tonnage of ballast lighters employed at the said port : May it therefore please your Majesty that it may be enacted ; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and commons, in this present parliament assembled, and by the authority

of the same, That it shall be lawful for the wardens, elder brethren, and Trinity House

assistants of the said Trinity House, and they are hereby authorised and empowered to License Pilots. empowered from time to time, hy writing under their common seal, to

licence and appoint such persons as they shall,' upon examination touching their skill and abilities, approve of and think properly qualified for that purpose, to'be pilots for the conducting of ships and vessels into and out of the port of Kingston-upon-Hull aforesaid, and upon any part of the river Humber below the said port, and so far out at sea as to bring the Northness of Dimlington on the coast of Holderness to bear or be seen a sufficient distance clear or open of the land to the southward thereof, so as to pass clear of the New Sand; and the persons so licensed shall for the purposes of

this act be called river pilots; and if any person, without having such Penalty on acting licence to act as a river pilot as aforesaid, shåll, after the expiration of one as Pilots without nolon

calendar month from the passing of this "act, take upon himself to conduct License.

or pilot any ship or vessel into or out of the said port, or at any place biec

tween the said port and the place at sea where the said Northness' of Dim twy W219)

lington bears as aforesaid ; or if any person, other than such as shall have 730) All been examined and declared by the said wardene, elderd brethrenzil and

assistants, under their common seal, to be properly qualified and capable of conducting ships and vessels as a pilot at sea, shall, after the expiration of

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the said one calendar month from the passing of this act, take upon himself 39,40 Geo.IN. to act as pilot of any ship or vessel destined on a voyage from the said port of Kingston-upon-Hull, in conducting such ship or vessel from the place

co10. near the entrance of the said river Humber, where the said Northness of Dimlington bears as aforesaid, to cross the seas, or to pass from Flamborough Head northward, or Wintertopness southward, every such person shall respectively forfeit and pay, for every such offence, any som not exceeding twenty pounds.

II. Provided always, That nothing in this act contained shall extend to Certain Vessels oblige the master or other person having the command of any ship or may be piloted yessel outward bound, after she has been piloted out of the said river by the Masters, Humber to sea, to employ or make use of any pilot to conduct such ship or vessel to cross or pass further out at sea: or to oblige the inaster or other person having the command of any ship or vessel in the coal trade, or other coasting trade, whether laden or in ballast, or of any British ship or vessel of less than six feet draught of water, or of any ship or vessel coming into any of the roadsteads within the said river Humber for the purpose of shelter, or of obtaining stores or provisions only, to employ or make use of any pilot; nor to prevent or binder any owner, part owner, master, or mate of, or any person belonging to any ship or vessel inward bound, from conducting or piloting the ship or vessel to which he shall belong, into and up the said river Humber, in case none of the said river pilots shall be ready and offer to conduct and pilot the same; por to prevent or hinder any person or persons from assisting any ship or vessel in distress.

III. And be it further enacted, that every person who shall be licensed Pilots to pay for as a river pilot by virtue of this act, shall, for his first licence, pay to the trea• their first License surer, or clerk to the commissioners appointed in or by virtue of this act. Six Guineas, and

afterwards Three any-sum not exceeding six guineas, and for every licence which shall be Guineas. afterwards granted to the same person, any sum not exceeding three guineas, at the discretion of the said commissioners, for the purposes of this act; and every such person shall be subject to the several clauses, regula. tions, and provisions in this act contained, and to such orders, rules, and by-laws as shall be made in pursuance bereof: provided always, That no bicence to be granted in pursuance of this act, shall continue in force for more than one year from the date thereof. 2. IV. And be it further enacted, That it shall be lawful to and for the said Trinity House corporation of the Tripity House, by writing under their common seal, at may suspend or any time to suspend, discontinue, or vacate the license granted to any such

h dismiss Pilots. river pilot as aforesaid, who shall refuse or neglect to take the charge or conduct of any of his Majesty's ships, or shall begave improperly in the discharge of bis duty in the execution of this act, whether such refusal, néglect, or improper conduct shall be made a subject of complaint by the said commissioners to the said corporation in pursuance of this act or not. »

V. And be it further enacted, That from and after the passing of this act, Commissioners. the mayor, recorder, and aldermen of the town or borough of Kingstonupon Hull for the time being, the said wardens, elder brethren, and assistants of the said Trinity House for the time being, together with Edward An. derson, John Boyes, Christopher Briggs, Christopher Bolton, Jonas Brown, John Burstall the younger, Henry Coates, William Collinson, John Collinson, Edward Foster Coulson, Edward Finley, Joel Foster, Andrew Hollingworth, Benjamin Hickson, George Knox, Daniel M‘Pharson, Peter Middleton, John Robinson ship owner, John Todd merchant, Richard Terry, and Robert Wilkinson, shall be, and they are hereby constituted and appointed commissioners for carrying into execution the several powers and authorities by this act directed to be done and performed by them; and that all acts, matters, and things hereby authorised or directed to be done and executed by the said commissioners, may be done and executed by any five or more of them, (being the major part of the said commissioners assembled at their respective meetings, to be held for the purposes of this act,) and the same shall be as valid and effectual as if done or executed by all the said coni.

Seasid missioners

in de st 5"470 boy, Av VII And be it further enacted, That the said commissioners shall, and they First Meeting of are hereby authorised and required, within one calendar month after the pas. Commissioners. sing of this act, to meet in the guildhall within the said town of Kingston. upon-Hull, upon three days notice being given by the said mayor, or theacting warden of the said Trinity House, or his deputy, unto the other of the said

39,40 Geo, Ill. commissioners, of the day and hour of such meeting ; and the said commissi c. 10.

sioners shall, at such first meeting, adjourn themselyes to meet at sueh: convenient place, within the said town of Kingston-upon-Hull, at any time within seven days from the said first meeting as they shall see proper, (of, which meeting by adjournment three days previous notice shall be given to all the said commissioners;) and the said commissioners herein before particu. larly named, and also the commissioners to be appointed as hereinafter menu tioned, shall continue commissioners, for the terın of three years from the passing of this act, or the date of their respective appointments, as the cases shall be; and also until they shall be re-appointed commissioners, or untik other persons shall be chosen in their respective places by virtue of this acto and allinstruments for the appointment of persons to be commissioners asafore said, shall be entered in a book to be kept by the clerk to the said commissionerss

VII. And be it further enacted, That the said commissioners shall at such Commissioners to settle the Clerks first or any other meeting to be held for the execution of this act, by an inand other Officers strument in writing, under the hands of the said commissioners, or any five Salaries.

or more of them, elect, choose, and appoint a treasurer and clerk, and suche other officers as the said commissioners shall think proper and necessary for the execution of this act, who shall continue in their respective offices only

during the pleasure of the said commissioners, and shall appoint and settle ***32? ? such salaries or other allowances to such clerk and other officers to be

appointed as aforesaid, as the said commissioners shall judge necessary and En reasonable; and the said commissioners shall and are hereby required to

take such security from every such treasurer, for tbe due and faithful exo

v ecution of his office, as they shall think proper. .., no 29191 Commissioners to VIII. Provided always, and be it further enacted, That every commise acknowledge on sioner above particularly named shall, at the first meeting of the said their Acceptance commissioners, or within seven days then next following, subscribe an in. of the Trust.

strument in writing, to be provided for that purpose, acknowledgiøg his acceptance of the said office; and that every person who shall hereafter be appointed a commissioner in pursuance of this act shall, within ten days next after such appointment, and notice in writing to him given thereof by the said clerk, attend at the time and place appointed in and by such notice, and subscribe his name at the foot of the instrument above-mentioned, acknowledging his acceptance of the said office; and in case any person named or appointed a commissioner as aforesaid shall , refuse or neglect to acknowledge his acceptance of the said office as aforesaid, his nomination by this act, or his appointment to be hereafter made, as the case shall be, shall

be yoid and of none effect. Future Meetings IX. And be it further enacted, That all the subsequent meetings of the of Commis s aid commissioners shall be at some convenient place within the said town sioners.

of Kingston-upon-Hull, to be appointed by the said commissioners, on the

of first Thursday in every month in the present and every subsequent year, occusamus

togen. w and at such intermediate time and times, and at such place or places, as the

said commissioners shall appoint by adjournment at any of such monthly meetings, of which adjournment notice in writing shall be sent by the clerk to the usual places of abode of all and every the said commissioners then residing in the said town of Kingston-upon-Hull, or the suburbs thereof, at

least two days before the time appointed for every such adjourged meetings On the Death of X. And, for the supplying a sufficient number of commissioners, and also any of the Com. a treasurer and clerk for the purposes of this act, be it further enacted, That missioners, &c. wheri any of the said commissioners hereinbefore particularly named or to others to be

be appointed as hereinafter mentioned, shall die or refuse to acknowledge elected

his acceptance of the said office as aforesaid, or shall have acted as a com: missioner in the execution of this act for the term of three years, or shall be elected an alderman of the said town or borough, or an elder brother op assistant of the said corporation of the Trinity House; or in case any treas surer or clerk to the said commissioners shall die, resign, or be removed by the said commissioners, then and in every such case any five or more of the remaining commissioners (whereof the said mayor, or acting warden for his

deputy shall be one,) although not assembled at a meeting to be held in 30439

pursuance of this act, may appoint a meeting of the said commissioners in Eqida da

the guildhall, in the town of Kingston-upon-Hull aforesaid, for the appoints ment of a new commissioner, treasurer, or clerk, to sppply the place of every such commissioner, treasurer, or clerk as aforesaid and sha)lbmake

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known the time and purpose of such meeting hy affixing notice thereof in 39, 40 Geo. 111. writing on some conspicuous part of the said Guildhall and Trinity House, and also on the Custom-House in the said town, and by sending notice thereof to such of the said commissioners as shall be resident within the said town, at least three days before the time of such meeting and the major part of the commissioners assembled at the time to be appointed for such meeting (the whole number present not being less than five, and the said mayor, or acting warden or his deputy, being one) shall, by writing under their hands, tappoint a commissioner in lieu of every commissioner who shall be dead, or refuse or neglect to acknowledge his acceptance of the said office, or have acted for the term of three years, or been chosen an alderman, elder brother, or assistant as aforesaid, or a treasurer or clerk in lieu of such asshall die, resign, or be removed as aforesaid, as the case shall require; and every person who shall be so appointed shall from thenceforth be a mey«:10311310') commissioner, or treasurer, or clerk for the purposes aforesaid ; and every d

site

is 99000 29 such commissioner shall have the same power and authority in all matters and things relating to this act, as if he had been expressly named and appointed in and by this act; and every such appointment shall be entered in a book to be kept by the elerk to the said commissioners. 91XI. And be it further enacted, That every such river pilot as aforesaid,

Pilots to assist shalbat all times afford every assistance in his power to any of his Majesty's Kipy's Ships in ships, and when any of them shall by signal or otherwise appear to be in preference to want of a pilot, shall go to assist and pilot such ships in preference to any others. other ship or vessel whatsoever; and in case any such river pilot shall refuse or neglect to take the charge or conduct of any of his Majesty's ships, Pilots misbe. or any other ship or vessel whatsoever, upon a proper signal being made, having to forfeit ori a gun or guns fired by any ship or vessel inward bound, or at the re

not exceeding a

20£.;': 4 quest of the master, commander, owner, agent, or consignee of any ship or vessel outward bound; or if any such river pilot shall refuse or neglect to give every assistance in his power to any ship or vessel in distress, or in want of any extra assistance ; or in case it shall appear to the said commissioners that any such river pilot shall have misbehaved himself in the con' duct of any ship or vessel, or in the execution of his duty as a river pilot; or if any such river pilot shall (without some reasonable excuse) refuse to obey any summons issued in pursuance of the order of any five or more of the said commissioners, requiring his appearance before them or to obey such orders as shall be made and passed at any of their meetings for the purposes of this act, every sucb pilot shall forfeit and pay any sum not. exceeding twenty pounds for every such offence; and if the said commis. And, on sioners, upon examination of the cause of complaint, shall think that the Complaint by : pilot so offending should be suspended or broke, and shall state the matter

Commissioners to

the Trinity po of complaint and such their opinion to the said corporation of wardens, House, to be elder brethren, and assistants, the said corporation are hereby required to suspended, or disenquire into the matter of complaint, and upon proof of the offence com- missed. plained of, by the oath of any credible witness, (which oath the said mayor and aldermen, acting warden or his deputy, elder brother or assistant, or any one of them, is hereby empowered to administer,) according to their discretion, either to suspend or to entirely break and dismiss such pilot, and declare his licence to be void ; and such pilot shall be accordingly either suspended, or broke and dismissed, and his licence shall be from * 36046*** 0 thenceforth utterly void, as the case shall be: and if any such river pilot. !3 . 78 after being suspended, or broke and dismissed as aforesaid,' and 'notice thereof in writing, signed by the clerk, given to such pilot, or left at his usual place of abode, shall during the time of such suspension, or after such dismission, take upon himself to pilot or conduct any ship or vessel into or out of the said port of Kingston-upon-Hull aforesaid, or upon any part of the said river below the said port, or cut at sea between the entrance into the said river and the place where the Northness of Dimlington bears as aforesaid, he shall forfeit and pay, for every such offence, any sum not exceeding twenty pounds." [s DIXIT. And, for ascertaining the rates to be paid to the said river pilots Rates for piloting for the conducting or piloting any ships or vessels as aforesaid, be it further British Ships enacted. That no greater rates shall be demanded or taken by any such tiver pilot, than what shall be from time to time ascertained, fixed, and settled byahe said commissioners'at any of their meetings, so that the rate

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39, 40 Géo: 111. so to be ascertained, fixed, and settled for piloting ory condictingianý iship C, 10

or vessel belonging to any of bis Majesty's subjects, into the said portrof

Kingston-upon-Hull, from the place at sea where the Northnesis of Dimling. um

ton bears as aforesaid, be not less than three shillings norvmore than tive free vir tek a po shillings for every foot of water such ship or vessel shall draws, and so rin! to pre ", a proportion for the fraction of a foot, such fraction not being less thanshalla t'i ? foot; and for piloting and conducting any such ship or vessel tinto the said

inny port from the place within the said river Humber where the Spürn Lighter

house bears north-east, or from any distance within the said riveti Hupberi V . 3.) to the buoy of the Burcome, not less than two shillings and sixpence Xor

is more than three shilling and sixpence for every foot of water, suchtship on

vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot; and for piloting and conducting sady, such ship or vessel into the said port from the distance of the said, buoy, not less than two shillingsnor more than three shillings for every foot of water

such ship or vessel shall draw, and so in proportion for the fraction of a to? foot, sueh fraction not being less than half a foot; and for piloting and can

ducting any such ship or vessel into the said port from Whitebooth Road .. ., to the said river Humber, not less than one shilling nor' more than two

shillings for every foot of water such ship or vessel shall draw, and sojin proportion for the fraction of a foot, such fraction not being less than half as foot; and for piloting and conducting any such ship or vessel from the said port, so far out to sea as to bring the said Northness of Dimlington to bear

as aforesaid, not less than three shillings, nor more than five shillings for En con every foot of water such slip or vessel shall draw, and so in proportion for

So I the fraction of a fuot, such fraction not being less than half a foota to mog Rates for piloting XIII. And, for ascertaining the rates to be paid to the said river pilots, Alien Ships. for the conducting or piloting any alien ship or vessel, be it further enacted,

That no greater rates shall be demanded or taken by any such river pilots, than what shall be from time to time ascertained, fixed, and settled by the said commissioners, so that the rate to be ascertained, fixed, cand settled, for piloting or conducting any ship or vessel belonging to aliens into the said port of Kingston-upon-Hull, from the place at sea where the Northpess of Dimlington bears as aforesaid, be not less than five shillingsnor more than seven shillings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot; and for piloting and conducting any such alien ship ot vessel into the said port from the place within the Humber where tbe Spurn Lighthouse bears north-east, or from any distance within the said river

Humber to the buoy of the Burcome, not less than four shillings nor more : : than five shillings for every foot of water such ship or vessel shall draw,

and so in proportion for the fraction of a foot, such fraction not being less than half a foot, and for piloting and conducting any such ship or vessel into the said port from the distance of the said buoy, not less than three shilings nor more than six shillings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such frac.. tion not being less than half a foot; aud for piloting and conducting any

sucha ship or vessel into the said port from Whitebooth Road in the said En river Humber, not less than one shilling and sixpence nor more than three

shillings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than balf a foot; and fur piloting and conducting any such alien ship or vessel from the said port so far out to sea as to bring the said Northness of Dimlington to bear as aforesaid, not less than five shillings nos more than seven sbiHings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot. ggota

XIV. Provided always, That in any of the cases aforesaid, or hereinafter mentioned, if the fraction of a foot shall exceed half a foot, the sa pre, in

ascertaining the rates, shall be deemed and considered as half a foot. 1 ust 101 Commissioners

XV. Provided always, and be it further enacted, That in ascertaining the empowered to said respective rates the said commissioners shall be, and they are hereby Vary and regulate authorised and empowered at their discretion, to vary and alter all or apr Die P M such rates of pilotage aforesaid, and also to determine what shall be conDROPB18411,476 sidered the different seasons of the year, if the said commissioners should

Barra DBP 1. determine to make a difference of rate according to the season of the yea,

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