(2.) Any consignee or agent (not being the owner (n) or master (o) of the ship) who is hereby made liable for the payment of pilotage dues in respect of any ship may, out of any moneys received by him on account of that ship or belonging to the owner (n) thereof, retain the amount of all dues paid by him, together with any reasonable expenses he may have incurred by reason of the payment of the dues or his liability to pay the dues. rates of 592. A qualified pilot (p) shall not demand or receive, Receivand a master (o) shall not offer or pay to any pilot (0), ing or offering any other rate in respect of pilotage services (q), whether improper greater or less (r), than the rate which may be demanded pilotage. by law, and, if a pilot (0) or master (o) acts in contraven- 1854, s. tion of this enactment, he shall for each offence be liable to a fine not exceeding ten pounds (s). 358. rate for 1854, 8. 593. If any boat or ship (o) having on board a qualified Pilotage pilot (p) leads any ship (o) which has not a qualified leading pilot (p) on board when the last-mentioned ship cannot ships. from particular circumstances be boarded, the plot so 356. leading the last-mentioned ship shall be entitled to the full pilotage rate for the distance run as if he had actually been on board and had charge of that ship (t). to licensed pilot taken 594.—(1.) A pilot (0), except under circumstances of un- Allowance avoidable necessity, shall not, without his consent, be taken to sea or beyond the limits (u) for which he is licensed out of his in any ship whatever, and if he is so taken under circum- 1854, s. stances of unavoidable necessity, or without his consent, 357. (n) Note to § 58. (q) For salvage services, or special pilotage services, as towing, more than the rate can be demanded. Cf. The Enterprise (1828), 2 Hagg. 178, n.; The General Palmer (1828), 2 Hagg. 176. Not if the services are within the pilot s ordinary employment. The Eolus (1873), L. R. 4 A. & E. 29; The Funchal (1837), 3 Hagg. 386, p.; Jonge Andries (1857), 11 Moore P. C. 313. (r) The Trinity House may by byelaw allow less than the rate to be demanded or offered; § 626, s. 2. (8) Procedure, §§ 680-681; application of fine, §§ 699, 716. (t) He may also be entitled to salvage, if the services he rendered were such that he could not be expected to perform them for the ordinary or extraordinary pilotage fees. Akerblom v. Price (1881), 7 Q. B. D. 129. (u) § 586, s. 2. district. Penalty on making a shall be entitled, over and above his pilotage dues, to the sum of ten shillings and sixpence a day (x). (2.) The sum so to be paid shall be computed from and inclusive of the day on which the ship passes the limit up to which the pilot was engaged to pilot her, and up to and inclusive of either the day of his being returned in the said ship to the place where he was taken on board, or, if he is discharged from the ship at a distance from that place, such day as will allow him sufficient time to return thereto; and in the last-mentioned case he shall be entitled to his reasonable travelling expenses. 595.-(1.) The master (y) of a ship (y), on being requested false de- by any qualified pilot (z) having the charge of his ship, claration shall declare her draught of water (a). to pilot as to draught of ship. 1854, s. 359. Occasions on which unqualified pilots may act. 1854, s. 362. (2.) If a master (y) refuses so to declare the draught of water, or himself makes, or is privy to any other person making, a false declaration to the pilot (y) in relation thereto, he shall for each offence be liable to a fine not exceeding double the amount of pilotage dues which would have been payable to that pilot (b). (3.) If the master (y) of a ship, or any other person interested in the ship, makes, or is privy to the making of, any fraudulent alteration in the marks on the stem or stern post of the ship denoting the draught of water, he shall for each offence be liable to a fine not exceeding five hundred pounds (c). 596. An unqualified pilot (d) may, within any pilotage district, without subjecting himself or his employer to any penalty, take charge of a ship as pilot :— (a.) when no qualified pilot (d) has offered to take charge (x) Agents or consignees liable for (z) § 586, s. 1. (a) The pilotage dues usually de pend on the ship's draught, (b) Procedure, §§ 680-684; application of fine, §§ 699, 716. (c) Cannot be recovered summarily; procedure by indictment. Application of fine, §§ 699, 716. (d) Cf. § 586. See Stafford v. Dyer (1895), 1 Q. B. 566. making it necessary for the master (e) to avail himself (c.) for the purpose of changing the moorings of any to super 597. A qualified pilot (ƒ) may supersede an unqualified Power of pilot (ƒ), but the master shall pay to the unqualified pilot a qualified proportionate sum for his services, and deduct that sum sede unfrom the charge of the qualified pilot (f); and in case of qualified pilot. dispute the pilotage authority (g) by whom the qualified 1851, s. pilot (f) is licensed (ƒ) shall determine the proportionate sums to which each party is entitled. 360. as to employment 598.-(1.) If an unqualified pilot (f), whether within a Penalties district in which pilotage is compulsory (h) or outside such a district, assumes or continues in the charge of a ship (e) of unafter a qualified pilot (f) has offered to take charge of the pilot. ship he shall for each offence be liable to a fine not 1854, 88. exceeding fifty pounds (i). qualified 353, 361. 52 & 53 8. 5. (2.) If a master (e) of a ship (e) whether navigating Vict. c. 68, within a district in which pilotage is compulsory (h) or outside such a district, knowingly employs or continues to employ an unqualified pilot (ƒ) after a qualified pilot (ƒ) has offered to take charge of the ship or has made a signal for that purpose, he shall for each offence be liable to a fine of double the amount of pilotage which could be demanded for the conduct of the ship (i). Pilotage Certificates Pilotage Certificates for Masters (e) and Mates. 599.—(1.) A pilotage authority (g) may, if they think fit, for Masters on the application of the master (e) or mate of any ship (e), (e) Defined, § 742. (ƒ) Cf. § 586. Qualified for that ship; see Stafford v. Dyer (1895), 1 Q. B. 566. (g) Defined, § 573. (h) §§ 603, 622. (i) Procedure, §§ 680-684; fine how applicable, §§ 699, 716. and Mates. Grant of pilotage [§§ 559, 600. certificates and on payment by him of the usual expenses, examine to masters him as to his capacity to pilot the ship (k) of which he 1854, ss. is master or mate, or any one or more ships (k) belonging to the same owner as that ship, within any part of the district of the pilotage authority (1). and mates. 340, 311. Appeal by master or mate to Board of Trade. 1854, s. 342. (2.) A pilotage authority (1), if on examination they find that any master (k) or mate is competent, shall grant him a certificate (in this Act referred to as a pilotage certificate), specifying (a.) the name (k) of the person to whom it is granted : (d.) the date on which it is granted. (3.) The person to whom a pilotage certificate (m) is granted (n) shall, while he is acting as master (k) or mate of any of the ships specified in the certificate (m), be entitled to pilot that ship within the limits specified in the certificate (m), without incurring any penalty for not employing a qualified pilot (o). (4.) A pilotage certificate (m) so granted shall not be in force for more than the period of one year from its date, but may be renewed from year to year by an endorsement under the hand of the secretary or other proper officer of the pilotage authority (1) who have granted the certificate. 600.-(1.) If it appears to the Board of Trade upon complaint made to them (a.) that a pilotage authority (1) have without reasonable (c.) that an examination of a master (k) or mate has (k) Defined, § 742. (n) The certificate is not "granted" sealed was waiting at the office of (d.) that a pilotage authority (p) have imposed unfair or improper terms or conditions on the granting of a certificate (q); or (e.) that a pilotage certificate (q) has been improperly withdrawn from the holder thereof, the Board of Trade, if the circumstances of the case appear to them to require it, may appoint persons to examine the master (r) or mate, and, if he is found competent, grant him a pilotage certificate (q) upon such terms and conditions as they think fit. (2.) The pilotage certificate (q) so granted shall contain the same particulars, be of the same effect, and be in force for the same period as a certificate(s) granted by a pilotage authority (p), and may be renewed either by the pilotage authority (p) of the district, or if the Board of Trade think fit by that Board, and the renewal, if it is granted by the Board of Trade, shall be endorsed on the certificate (s) by some person appointed by the Board of Trade for the purpose, and, if it is granted by a pilotage authority (p), shall be endorsed on the certificate (s) in the same manner as in the case of certificates of pilotage originally granted by them (t). drawal of 601. The Board of Trade or a pilotage authority (p), as Withthe case may be, may respectively withdraw any pilotage certificate. certificate (s) granted by them if it appear to them that the 1854, s. holder thereof has been guilty of misconduct or has shown himself incompetent to pilot his ship, and a certificate so withdrawn shall cease to be of effect. 344. certifi a cates. 1854, s. 343. 602.-(1.) Masters and mates shall pay such fees upon Fees for the granting and renewal of pilotage certificates (s) as- pilotage (a.) in the case of certificates granted or renewed by pilotage authority (s) may be fixed by that authority (p) with the consent of the Board of Trade; (b.) in the case of certificates granted or renewed by g the Board of Trade (u) may be fixed by that Board, provided that they are not less than the fees paid 52 & 53 Vict. c. 68, 8. |