Page:A Collection of Charters and Statutes relating to the East India Company.pdf/94

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1086
52 Georgii III. Cap. xxxix.

every other Boat not in the Service of any Corporation or Society, carrying off a Pilot, shall exhibit a similar Flag on a Sprit or Mast, to distinguish that she has a Pilot on board.

Penalty for carrying such distinguishing Flag, without having such Pilot on board.And it further enacted, That if any Boat or Vessel, not having a licensed Pilot on board, shall, without lawful Authority carry such distinguishing Vane or 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 Vane or Flag, shall for every such Offence, forfeit and pay a Sum of one hundred Pounds.

Penalty on Pilots declining to take Charge of Vessels or exacting more than the allowed Fee, &c.LI. And be it further enacted, That every Pilot licensed by virtue of this Act, or otherwise duly licensed, who shall, when disengaged, or on any frivolous Pretext, decline to take Charge of any Ship or Vessel, unless such Cause shall be shewn by the Pilot as shall justify his not taking Charge of the Ship; or who shall decline, on being required by any Captain of any of His Majesty's Ships, or by any Officer of the Society or Fellowship to which such Pilot shall belong, or the Master or other Person having the Charge of any, Ship or Vessel, to come on board of any Ship or Vessel; or who shlil deline, when required by any Commissioned Officer in His Majesty's Navy, or by any principal Officer of His Majesty's Customs, or by any Person or Persons interested as Principal or Agent for or on Behalf of any Ship or Vessel wanting a Pilot, to go off to and take Charge of any Ship or Vessel, when it shall be safe so to do; or who shall exact or demand or bargain for any greater Fee or Reward, or any greater Price or Hire for Pilotage, than such as are or shall be allowed by the Rates or Rules us are or shall hereafter be legally established in that Behalf, or who shall in anywise delay going on board any such Ship or Vessel, or taking Charge thereof when on board or alongside thereof; or who shall quit any such ship or Vessel, er decline the pilotage hereof after he has been engaged or after going alongside thereof, Without Leave of the Captain of any of His Majesty's Ships, or of the Owner, Master, Captain, or Person having the chief Command of any Ship or Vessel, or before the Service shall have been performed for which he was hired; or shall by Drunkenness render himself incapable of conducting any Ship or Vessel, or shall negligently or wilfully run any Vessel on Shore, or lose the same, or do any Injury to the same or to the Tackle or Furniture thereof; or who shall lend his Licence to any unlicensed Person, to enable or assist him towards acting or claiming to act as a licensed Pilot; shall forfeit for every such Offence any Sum not exceeding One hundred Pounds; nor less than Ten Pounds, and shall be liable to be dismissed from being, or suspended from acting as a Pilot, at the Discretion of the said Corporation of Trinity House of Deptford Strond, or at the Discretion of such other Corporate Body, or Person or Persons, by whom such Pilot was licensed.

Penalty on Pilots, for Masters to employ any Boat,-&c, beyond what is necessary, thereby to increase Expence.LII. And be it further enacted, That in case any Pilot, licensed by virtue of this Act, shall employ or make use of, or shall compel or require any Person having the Command or Charge of any Ship or Vessel, to employ or make use of any Boat, Anchor, Cable, Hawser, or any other Matter or Thing, in or for the Service pretended Service of such ship or Vessel, beyond what shall actually and bona fide be necessary and proper for the Use thereof, with Intent thereby to enhance or increase the Charge or Expense of Pilotage or Pilot Assistance of such Ship or Vessel, whether for the Gain and Emolument of such Pilot, or for the Gain or Emolument of any other Person or Persons whomsoever, then and in every such Case the Person so offending shall forfeit and pay a Sam not exceeding Fifty Pounds, nor less then Ten Pounds, and shall also be liable to be deprived of his Licence, or to be suspended from acting as a Pilot for a limited Time, at the Discretion of the said Corporation of Trinity House of Deptford Strond, or other Authority by which he is or shall be licensed.

Penalty for conducting any Vessel into Danger, or unnecessarily cutting Cables, &c.LIII. And be it further enacted, That in case any Person licensed to act as a Pilot by virtue of this Act, or otherwise duly licensed, or any person not being a Pilot, but acting under Pretext or Colour of Pilotage, shall wilfully and knowingly conduct, lead, decoy or betray any Ship or Vessel into Danger, in any manner not already provided against by any Statute or Statutes; or shall unnecessarily or improperly cut any Cable or Cables of or belonging to any Ship or Vessel, or cause or procure the same to be cut unnecessarily and improperly, or if any such Persons shall, by wilful Misrepresentation of any Circumstances upon which the Safety of any Ship or Vessel shall appear materially to depend, for the Time being, obtain or endeavour to obtain the Charge and Conduct of any such Ship or Vessel; then and in every such case the Person so offending, or who shall aid in, procure abet or connive at the committing of any such Offence or Offences, shall forfeit and pay a Sum not exceeding One hundred Pounds, nor less than Twenty Pounds; and in case the Person so offending shall be a Pilot, he shall be either dismissed from being a Pilot, or suspended from acting as such for a limited Period, at the Discretion of the Corporation or other Authority by whom such Pilot was licensed.

LIV.