Page:A Collection of Charters and Statutes relating to the East India Company.pdf/89

This page has been proofread, but needs to be validated.
52 Georgii III. Cap xxxix.
1081

having been so examined; approved; and admitted as aforesaid, every such Person shall for the first Offence forfeit Ten Pounds, for the Second, Twenty Pounds, and for every other Offence, Forty Pounds.

Pilots of lower Class to be allowed after cer­tain Period of Service to take Charge of Ships of greater Draught than heretofore in Absence of Pilots of higher Class.VII. And be it further enacted, That no Person belonging as a Pilot to the Society of Fellowship of Pilots of Dover, Deal and the Isle of Thanet, commonly called Cinque Port Pilots, shall from and after the passing of this Act, be allowed to take Charge as a Pilot of any Ship er Vessel drawing more than Eleven Feet Six Inches Water, until he shall have been licensed and acted as a Pilot for to Three Years, or of any Ship or Vessel, drawing more than Fourteen Feet; Water, until he shall have been licensed and acted as a Pilot for Two Years more, making Five-Years in the Whole, or of any Ship or Vessel drawing more than Seventeen Feet Water, until he shall have been licensed and acted as a Pilot Two Years more, making Seven Years in the Whole; and at the Expiration of such Period of Seven Years, such Pilot shall be again examined as to his Fitnesss and Competence, and if he shall be approved of in such Examination and licensed, shall be authorized and allowed and entitled to take Charge of any Ships or Vessels of any Draft of Water: Provided always, that in case of the Absence of Pilots who have been licensed and have acted as such for the Terms of Three Years and upwards, Five Years and upwards, and Seven Years and upwards respectively, the Pilots in the lower Classes may take Charge of Ships drawing more Water than herein-before specified for their respective Years of Service, and shall not in such Case be liable to any Penalties for so doing; nor shall the Masters of the Ships who may take any such Pilot on board in the Absence of the Pilots of the Upper Classes, nor the Owners of such Ships be answerable for any Loss or Damage, nor shall any Owner or Owners of any Ship or Vessel or Consignee of Goods be prevented from recovering any Loss or Damage upon any Contract of insurance of the same, or upon other Contract relating to any such Ship or Vessel, or any Cargo on board the same, by reason of such Pilots being so employed in their Ships in the Absence of the others; Provided always, that in any such Case the proper Flag shall be kept flying, within the Limits and Distances herein-after mentioned, and for the Period of One Hour after the Vessel shall have been at anchor, as is in this Act provided for Cinque Port Pilots coming on board of any Vessel within such Limits; and the Master or Person commanding any such Ship or Vessel shall be subject to the Penalties and Forfeitures by this Act imposed for neglecting to keep a Pilot Signal flying accordingly, although he shall have agreed to take any such Pilot of a lower Class, in case of no other Pilot coming on board; and any Pilot having such License as shall qualify him to take Charge of any such Ship or Vessel on board of which any such Pilot of a Lower Class shall so be, shall be entitled within such Time, Limits, and Distance as aforesaid, to supersede such Pilot of a lower Class.

Rates in Schedule (B.) may be demanded by such licensed Pilots.IX. And be it further enacted, That from and after the passing of this Act, the respective Rates or Prices herein-after enumerated in the Table marked (B.) in the Schedule to this Act annexed, may demanded by may be lawfully demanded and received by any Pilot licensed by the Lord Warden of the Cinque Ports and Constable of Dover Castle for the Time being, or his Lieutenant for the Time being, for the conducting of any Ship or Vessel from Place to Place, as expressed in the said Table; and that no greater Rates or Prices, or other Reward or Emolument, shall, under any Pretence whatever, be received, than such Rates or Prices.

Masters of Ships from the Westward not having a a Cinque Port Pilot, shall display a Signal for one and facilitate his getting on board, on Penalty for Neglect.XI. And be it further enacted. That the Master or other Person having the Command of any Ship or Vessel coming from the Westward, and hound to any Place in the Rivers of Thames or Medway, not having a duly qualified Cinque Port Pilot on board, shall, on the Arrival of such Ship or Vessel off Dungeness, and until she shall have passed the Buoy of the Brake, or a Line to be drawn from Sandown Castle to the said Buoy, (unless in the meantime she shall have received a proper Cinque Port Pilot on 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 Half a Mile, with the proper distinguishing Flag or Vane flying in his Vessel or Boat, the Master or other Person having the Command of such Ship or Vessel shall, by heaving to in proper Time, or shortening sail, or by all practicable Means consistently with the Safety of the Ship or Vessel, facilitate such Pilot getting on board, and shall give the Charge of piloting his Ship or Vessel to such Cinque Port Pilot; and every Person so commanding any such Ship or Vessel, who shall not display and keep flying the usual Signal for a Pilot to come on board, from the Time such Ship or Vessel shall have arrived off Dungeness, and until the Vessel shall have passed the Buoy of the Brake in a Line to be drawn from Sandown Castle to the said Buoy (unless in the meantime a duly qualified Pilot shall have come on board) or who shall decline to take any such Cinque Port Pilot on board, or to give such Charge of his Ship or 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 Ship or Vessel, shall forfeit and pay double the Amount of the Sum which would have been demanded for thePilotage