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provided they do not vary or alter any of the said rates so nas to make the 39, 4G GeoII. same lower or higher than the respective sums herein before mentioned. :( XVII Provided always, That every master or other person, having the

c. 10, command of any ship or vessel sailing from the said port of Kingston-uponHulk with ballast only, and not laden or part laden with goods, or merchan. Ships outward. dise diable to the payment of freight, which shall be conducted or piloted bound, in Ball.st, out of the said iportvby any of the said river pilots, shall pay or cause to be to pay only I wo

Thirds of the paid two third parts only of the rates which such, ship or vessel would be Rare liable to if laden or part laden for such respective pilotage.com 697 TOXVII. Provided atso, That the master or atber person having the corn Coasters to pay mand of any sbip or vessel employed in the coasting trade, and which shalt only Half of the have been actually so employed for six calendar months or upwards then next preceding, which shall be conducted or piloted into or out of the said port by any of the said river pilots, shall be subject to the payment of one half part only of the said respective rates payable in respect of British ships or vessels.677 tu jisini XVIH. Provided also, That if any ship or vessel whatsoever, whether Vessels drawing

less than Six Feet trading coastwise or otherwise, which shall be conducted or piloted into,

Water to pay for out of, or upon the said river Humber, by any of the said river pilots, shall Sind not draw so much as six feet water, such ship or vessel shall nevertheless, in ascertaining the rate of pilotage payable for the same by virtue of this act, be deemed and considered to draw six feet water; any thing herein contained to the contrary not withstanding. SOXIX. Provided always, and be it further enacted, That if any ship or prona

Proportionig vessel of any of his Majesty's subjects, or of aliens, not bound to the said the Rates of port of Kingston-upon-Hull, shall, on account of contrary winds and bad Pilotage. weather, or otherwise, be piloted from or to the Northness of Dimlington, . béaring as above-mentioned, into or out of any of the roadsteads of the said in a river Humber below the roadstead of the said port of Kingston-upon-Hull, the following proportions of the rates for pilotage, which shall for the time being be payable as herein before mentioned for or in respect of British and alien ships respectively, and no more, shall be demanded by or paid to any such river pilot so piloting such ship or vessel ; (that is to say,) if such ship or vessel shall be piloted from or to the place where the Northness of: Dim. lington bears as aforesaid, into or from the Hawk Road or Grimsby Road, in the said river Humber, one third part of the said rates hereby imposed for piloting British and alien ships respectively the whole extent of the first above-mentioned distance; and if such ship or vessel (shall be piloted from or to the said distance, into or from Whitebooth Road, two third parts of such rates. , ! ' * " 4,155,19 zait to) Voo

d i: XX. And, as an encouragement to the said river pilots, to ply out at sea, Rewards for bę it further enacted, That in case any ship or vessel shall be met with in Pilots assisting distress, by any of the said river pilots, and shall be assisted by such pilot, Ships in Distress

to be settled by or any of his crew or boat, then such compensation shall be made for such

Commissioners. assistance, as shall be settled and determined by the said commissioners at their next meeting after application shall have been made to themi by either party for that purpose ; and if any agreement for such extraordinary as.' şistance shall have been made, such agreement shall be null and void; or in case any British or alien ship or vessel shall, at the particular request of the Additional master or other person having the command thereof, be piloted or assisted Pilotage for

piloting extra by any of the said river pilots into the said port from any further distance ?

Distance. than what is hereby provided for, every such river pilot shall be paid for such extra pilotage, such sum as the said commissioners shall order and direct, not less than ninepence "nor more than one shilling and threepence for every foot of water any such British ship or vesse) shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot, and not less than one shilling Bor more than two shillings for every foot of water any such alien ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot; over and above the said rates of pilotage by this act imposed for piloting such sbipg or vessels respectively from the distance of the said Northpess of Dim. 197980049 lington bearing as aforesaid, or into the said port.912 woon bis w sy vir my bridi 75 *-*XXI. And besit further enacted, That in case the master or commander Masters of inward of any shiptor vessel drawing six feet water or upwards which shall be or outward bound outward 'bound and about to proceed down the said river Humber, or which si

Pilotage.

39, 40(eo, nir. shall be in ward bound, shall refuse to take on board and employ one of the c: 10.

said river pilots who shalt offer his service (except such ships or vessels as áre employed on the coal or coasting trade) šuch master or commander shall

pay or cause to be paid to the river pilot who first or who only sball Offer Pilots, Pilotage his service as aforesaid, and sh

his service as aforesaid, and shall be so refused, the full pilotage wbich suck to be paid.

master or commander would have been subject or liable to pay by virtue of this act if the said pilot had been received and employed her conducting or

piloting such ship or vessel into or out of the said port of Kingston upon In Hul, together with the expence to be incurred in the recovery of the same Pilots leading XXII. Provided always, and be it further enacted, That in case any ship the Way in any or vessel coming into or going out of the said port shall be in want of Vessel to be entitied to full pilot, and none of the said river pilots can be procured, and there shall be

any of the said river pilots on board any other ship or vessel passing into or out of the said port, such pilot on board any such other ship or vessel may lead the way for, and conduct the ship or vessel sooid want of a pilot either into or out of the said port, or so far in ber course until another river pilot can be obtained ; and the master or commander of every such ship or vessel which shall be so piloted or conducted by any pilot leading the way in such other ship or vessel, shall be subject and liable to the payment of the whole, or such a proportion, according to the distance such ship of vessel shall bave been piloted or conducted as aforesaid, of the said rates of · pilotage, as he would have been subject and liable to if the pilot had actually been on board of such ship or vessel, and piloted or conducted the same into or out of the said port, as shall be fixed and settled by the said como missioners at any of their meetings; and such pilotage so to be received

shall be added to the stock of the boat to which such pilot shall belong. :V Ships forced back.XXII.' And be it further enacted, That in case any ship or vessel which after parting , shall have been piloted or conducted by aay of the said river pilots out of with Pilots, and piloted out again the said port of Kingston-upon-Hull, shall be forced back, by storm or from any of the otherwise, after having, by the consent of tbe master or cominander of such Roads, to pay not ship' or vessel, parted with such pilot, and shall be conducted by such exceeding One Hall of the

master or commander into any of the roadsteads or places in the said river, Rutes,

and such 'master or commander shall afterwards employ any 'of the said river pilots to conduct such ship or vesset out of such roadstead or place to sea, then such a proportion not exceeding one half of the full suni, shall be paid for such pilotage, as is hereby directed to be taken for pilotage out

ward, as shall be settled and fixed by the said commissioners. Distance outward . XXIV. And be it further enacted, That every such river pilot as aforesaid,

who shall take upon himself the charge of any ship or vessel about to sail to be piloted.

out of the said port of Kingston-upon. Hull, snall and is bereby required to take charge of such ship or vessel at her moorings in the dock, or other place within the said port, and to conduct or pilot such ship or vessel about to sail out of the said port of Kingston-upon-Hull, so far out to sea as to

bring the Northness of Dimlington to bear-as above-mentioned ; and when Pilots to have ever any such river pilot shall be required by the master or commander of 38. 6d. per Day

; per Day -any ship or vessel, whether outward or in ward bound, to attend such ship for their Attendance. or vessel at anchor in any of the roadsteads in the said river Humber, for

the purpose of taking in goods, or for any other purpose, such river pilot shall attend accordingly, on not less than three shillings and sixpence per day, for every day of twenty-four bours attendance, according to the discre. tion of the said commissioners, being paid or secured to be paid to such pilot; and if such pilot shall be employed for a part only of a day, he shall be paid the like sum as for a whole day; and in case the use or attendance of a pilot's crew or boat shall be required, there shall be paid for the use of such crew or boat such sum of money by the tide, day, or otherwise, as stall

be settled and dirocted by the said commissioners according to the circunPilots quitting stances of the case; and if any such river pilot after he is engaged to serve, Ships without

shall presume to quit any ship or vessel so detained, without the consent of Leave, to forfeit Pilotage, and not

the master or commander of every such ship or vessel, such pilot shall exceeding 10£. forfeit the pilotage which on his duly perforining his duty he would have

been entitled to, and on being lawfully convicted of so quitting any ship or vessel, shall for every such offence forfeit any, sum not exceeding ten

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631 &19aplesim Places to which XXV. And be it further enacted, That every such river pilot as aforesaid - inward bound who shall pilot or conduct any ship or vessel into the said port of Kingsforr

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yppa-Hull shall, and is hereby required to take the same as high in the 39, 40. Geo.IlL. haven of the said port as above the place called The Garrison Jetty, and as much higher in the said haven as may be, and from thence, if the tide will

colo. permit, into the wet dock of the said port, or to such other place of delivery within the limits of the said port, as the master of such ship, or vessel shall Ships are to be require; but if the tide will not allow thereof, then to moor her in a proper Piloted.

Asis situation, in the said haven, without being paid any other rate than is hereby directed to be paid for piloting such ship or vessel into the said port; and in case the attendance of any such pilot shall be required to take care of Rates for such ship or vessel from such first mooring, and to conduct ber into the said birthing Ships, vet dock, or other place of delivery, the pilot that shall have brought the yola s a W said ship or vessel to such mooring, or some other of the said river pilots, to be by the said pilot or the said master procured, shall attend, and shall

gatol14 be paid for un mooring. transporting, and remooring such ship or vessel at her delivery, birth in the said dock, or other place within the said port, if such ship or vessel shall draw thirteen feet of water and upwards, not less than nine shillings nor more than eleven shillings; and if such ship or vessel shall draw upwards of ten feet and under thirteen feet of water, not less than six shillings and sixpence nor more than eight shillings and sixpences and if such ship or vessel shall draw under ten feet of water, not less than four shillings nor more than six shillings; according to the discre. tion of the said commissioners. i bes a $19-davat Sisowas s olo

XXVI. And, be it further enacted, That the master or commander of every ship or vessel so to be piloted or conducted into or out of the said Pilot a true

Masters to give port of Kingston-upon-Hull, shall, and is hereby required to declare and account of the give a true account to the pilot employed in conducting or piloting such Draught of ship or vessel of the draught of water such ship or vessel shall draw; and in

Water of their

ne m Ships, and Pilot case the pilot so employed shall suspect the truth of such declaration, such authorised to exts pilot is hereby authorised to admeasure, or cause such ship or vessel to be admeasure. admeasured, in order to find the true draught of water such ship or vessel

s o tastic

ve en shall then draw; and if on such admeasurement it shall appear that such 300 VK . master or commander gave a false account wilfully and fraudulently, such an Bhsx" master or commander shall not only pay to such pilot the full pilotage by : this act made payable for or in respect of such ship or vessel, with all the expences of the admeasurement, but shall also forfeit and pay for every such offence any sum not exceeding ten pounds.asta ostolins de 107 bis

XXVII. And be it further enacted, That all and every person or persons Agents, or per. taking or appearing to take upon himself or themselves the charge, agency, sons having or consignment of any ship or ships, vessel or vessels, so charged or charge.

charge liable to able with the said respective rates for pilotage and extra attendances, out-, porosty sd

pilotage. no ward bound, shall be accountable to such river pilot or pilots for such rates of pilotage as shall be so due for such pilotage outward, according to the rates aforesaid ; and the same shall and inay be levied by distress and sale, in manner hereinafter mentioned, upon any of the goods, merchandise, or effects of the person or persons so taking or appearing to take upon himself or themselves the charge, agency, or consignment of such ship or ships, 2387 63 vessel or vessels, after the expiration of three days from the day on which

789613 70

29 such pilotage shall have been demanded.

sta nd des XXVIII. And be it further enacted, That the said respective rates of pilotage, and other sums of money by this act made payable to the said river

On Non-payment

of Rate, Com. pilots, shall be paid to such pilots respectively by the owners or masters, missioners may agents or consignees, or other persons having or taking upon themselves, or grant warrant to appearing to have or take upon themselves the command, agency, or consigo

distrain. ment of such ships or vessels respectively, for or in respect of which such rates of pilotage and sums of money shall, by virtue of this act, become payable, within three days from the day on which such pilotage shall have been demanded; and in case any such owner, master, agent, consignee, or other artis iisp rial person having or taking, or appearing to have or take the command, agency, or consignment of any such ship or vessel as aforesaid, shall refuse or neglect to the rest val. pay any such rate of pilotage, or sum of money, within the said three days, then it shall be lawful for any person or persons, by virtue of a warrant for that purpose under the hands and seals of any five or more of the said commissioners, to seize and distrain any of the goods, merchandise, effects, guns, tackle, ammunition, furniture, apparel, or other things, of or belonging to any such ship or vessel, and the same to detain and keep until the sum orbed bowel

RI

39.40 Géo, 11. sums of money due to any such tiver pilot for the pilotage of such ship ÔD

vessel, or otherwise as aforesaid, together with all reasonable charges and c.'10.

expences occasioned by or attending such seizure and distress, shall be paid and satisfied; and in case the same shall not be paid within seven days next after such seizing or distraining, then it shall be lawful for the said com missioners, by warrant under the hands and seals of any five or riote of them, to cause the goods, merehandise, or other things so seized and dis; trained, to be appraised by any two sufficient persons or appraisers of the said town of Kingston-upon-Hull,' and to be afterwards sold and disposed of, and thereout to satisfy the rate and sum of money so unpaid as aforesaid, together with all reasonable charges of such scizing, distraining, appraising, selling and disposing of the same; rendering the overplus thereof, if any, to the owner, master, agent, consignee, or other person, having or appearing

to have the command of such ship or vessel, on demand.svetio Yran lisda Masters forcibly · XXIX. And whereas, it may happen that some of the said river pilots taking away may be unavoidably through stress of weather, or forcibly, carried to sea Pilots, to pay

beyond the limits for pilotage herein prescribed; be it therefore further them Mates' Wages, and

enacted, That the master or commander of any ship or vessel on board of forfeit not which any such pilot shall be forcibly, or through stress of weather unavoidexceeding 20£.

ably carried to sea beyond the limits aforesaid, shall pay to such river pilot, for the time he shall be detained on board after passing the said limits, the same wages as shall be payable by the said master or commander to the mate of such ship or vessel, over and above the rate of pilotage which he shall be entitled to as pilot of such ship or vessel; and in case of any such pilot being forcibly carried to sea beyond the said limits, otherwise than through stress of weather, such master or commander shall also forfeit and

pay any sum not exceeding twenty pounds. " Majority of

; XXX. And be it further enacted, That if at any time or times a majority Pilots may have of the said river pilots shall consent and agree to have a joint stock of the a Joint Stock. earnings of all the said pilots, for the benefit of the whole of them, then it

shall be lawful for thein so to do, provided such consent and agreement be made or expressed in writing, under the hands and seals of such majority as aforesaid, and be made by and with the approbation and consent of the said commissioners, by writing under the hands of any five or more of them; and the same shall continue in force so long as it shall meet the approbation of the said commissioners under such regulations and restricitions as the said commissioners shall think proper, and the same shall be

binding upon all the said pilots. micin bertin XXXI. And be it further enacted, That the said commissioners sball keep Accounts of cause to be kept and entered in proper books, minutes of their proceedings; Money received and shall cause to be kept fair, just, and true accounts of all the money for Licences for which shall be received for licences, or for or in respect of the penalties and Penalties, and of Disbursements.

"forfeitures which shall be incurred under this act, as also of such money as

shall be expended in salaries, or other allowances, to the said clerk or other officers, or otherwise in carrying into execution this act, in pursuance of any order or orders of the said commissioners; all which books of accounts and other proceedings shall be open at all convenient bours of business to

the inspection of the said river pilots. Application of XXXII. And be it further enacted, That it shall and may be lawful to Licence Money and for the said commissioners, by and out of the money to be received by and Fines.

the granting and renewing of such licences, by the deduction out of the price of ballast, and the percentage hereinafter mentioned, and by the penalties and forfeitures to be incurred and recovered under this act, in the first place to pay the charges and expences of carrying this act into execu. tion; and in the next place at their discretion, to pay and apply the surplus or i

ne monies so to be received. (the proportion of the said licence money hereinafter mentioned excepted) to disabled river pilots, their widows and children, and for rewarding such meritorious licenced

river pilots, as are hereinafter more particularly mentiorred. : ;4: reg voita. Rewards to

XXXII. And be it further enacted, That in order to enable the said comMeritorious · missioners to reward meritorious river pilots, whether masters or others, Pilots.

for long and faithful services, the said clerk or other receiver or receivers of the rates of pilotage herein before mentioned, are hereby authorised and required to deduct and retain any sum not exceeding two pounds tensbillings per centum out of the gross earnings or total amount of the said rates of pilotage of the several river«pilot boats, their masters and crews respec, 39, 40 Geo.III. tinely, to be applied by the said commissioners, together with such a

c. 10. proportion of the money to be received for such licences as the said com. missioners shall direct, in rewards to such river pilots as shall be by such commissioners deemed, on account of their long and faithful services, particularly deserving of the same, regard being had to the conduct of any such pilots who are or have been comioon seamen and apprentices, upon the reconimendation of their masters respeetively. Aby w LsXXXIV. And be it further enacted, That it shall and may be lawful to Accounts to be anda for the said commissioners, or any five or more of them, and they are audited by Five hereby required, once in every year, to audit and adjust all accounts of the or more Cominis

sioners. receipts and disburseinents in consequence of this act. was

XXXV. And be it further enacted, That no such river pilot as aforesaid, Pilots not to shall on any account whatsoever keep a tavern, public house, or other house keep Public as a dealer in or retailer of wines or liquors of any kind, within the said Houses. town of Kingston-upon-Hull, or the suburbs thereof, without first having obtained the consent of the said commissioners for that purpose. to XXXVI. And for ascertaining and defraying the charges and expences of Expencer of sluit obtaining and passing this act, Be it further enacted, That the said commis. obtaining this !! sioners shall and they are hereby authorised and required, at some of their Act to he ascer. meetings, to be held within three calendar months next after the passing Commisioners. of this act, to examine and settle the account. of the charges and expences incident to and attending the obtaining and passing this act; and after such account shall bave been so examined and settled, the said commissioners shall cause two fair copies thereof to be made, which copies shall be sigped by any five or more of the said commissioners, and the same so signed shall be deemed originals, and one of such copies shall be kept by the clerk to the said commissioners, and the other copy shall be deposited with the

Account to be clerk of the peace for the town and county of Kingston-upon-Hull aforesaid, deposited with and be by him kept among the records of the quarter sessions for the said clerk of the

peace, town and county; and the said clerk of the peace shall write upon the back P of the copy which shall be so deposited with him, the day, on which he shall have received the same; and the said commissioners shall forth with cause notice to be given in the newspapers published within the said town, of the said account being in the custody of their clerk, and of the clerk of the peace as aforesaid.

XXXVII. And be it further enacted, That, from and after the depositing The said of tbe said account with the clerk of the peace as aforesaid, there shall be Expences to be demanded, collected, and taken, by such person or persons as the said com raised by a

Tonnage Dutyo missioners shall, by writing under the hands of any five or more of them, Öne Hifpenny appoint for that purpose, of aud from the master or commander of every per Ton. ship or vessel, British or Foreign, which is by this act made subject to and chargeable with the said rates of pilotage, and which shall enter the said port of Kingston-upon-Hull, the duty of one balfpenny per ton of every such ship or vessel respectively, according to the admeasurement thereof; cand in case any such master or commander shall not pay, such duty or duties within three days after demand made thereof, the same shall and may be levied and recovered in like manner, and by the like ways and means, as the said rates of pilotage are by this act authorised or directed to

be levied and recovered. 56 XXXVIII, And be it further enacted, That the money arising by the Application of .

said tonnage duties shall from time to time be applied, in the first place, in the Tondage spaying such salaries, or other allowances, as the said coin:pissioners shall Duty.

judge reasonable, to their clerk, and to the collector or collectors of the said tonnage duties, for their trouble respectively in keeping tbe accounts, and L collecting and receiving, and otherwise relating to the said tonnage duties,

and also all other charges, demands, and expences which the said commisbsioners shall think reasonable on account of the said tonnage duties; and

after payment thereof, the remainder of the niongy arising by the tonnage duties shall be applied in paying and defraying the charges and expences

of obtaining and passing this act, according to the account so to be settled zand signed as aforesaid, with interest for the same, after the rate of fiye bypounds per centum per annum, to such persons as shall bave advanced any - money towards such charges and expences for the money so advanced, from

the respective times of advaneing the same.

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