Page:A Collection of Charters and Statutes relating to the East India Company.pdf/95

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52 Georgii III. Cap. xxxix
1087

Pilot Boat running before Vessels not having a Pilot on board, entitled to Pilotage.LIV. And be it further enacted. That if any such licensed Pilot Vessel or Boat shall run before any Ship or Vessel not having a licensed Pilot on board, for the purpose of directing the Course of such Ship or Vessel, until a Pilot can be put on board, the Pilot on board such Pilot Vessel, or the Person having Charge of her, shall be entitled to the full Pilotage, for the Distance run, until a duly licensed Pilot shall be put onboard, as if such Person had been actually on board such Ship and had the Charge of her as a Pilot.

No Pilot shall be taken to Sea without his Consent, except in case of Necessity and then shall receive Half a Guinea per Diem.LV. And be it further enacted, that no Pilot shall be taken to Sea, by, the Commanding Officer of any of His Majesty's Ships, or by any Master of any Ship, Vessel in the Merchant Service without his free Consent, except in case of absolute and avoidable Necessity, and in such case of Necessity, and Case every Pilot so taken to Sea shall have and receive Ten Shillings and Sixpence per Diem, until he shall be returned to the Port or Place where he was taken on board, or until he shall have been discharged from the Ship for a sufficient Time to have enabled him to return there.

How Pilotage of Ships not Foreign may be Recovered.LVII. And be it further enacted, That all Sums of Money which shall become due to any licenced Pilot, for Pilotage, shall and maybe recovered from the Owners and Masters of Ships or Vessels, or from the Consignees or Agents thereof not being Foreign Ships or Vessels, who shall have paid or made themselves liable to pay any other Charge for the Ship or Vessel in the Port of her Delivery, and shall and may be levied in such and the like Manner, according to the Amount of any such Sums of Money respectively, as any Penalty or Penalties may be recovered and levied under and by virtue of this Act, Demand thereof being made in Writing at least Fourteen Days before such Levy.

Penalty on Masters of Vessels piloted by any other than a licensed Pilot.LIX. And be it further enacted, That the Master of every Ship or Vessel which shall be piloted or conducted by any other Person than a duly licensed Pilot, within any Limits for which Pilots have been or shall be appointed by any lawful Authority, shall forfeit Double the Amount of the Sum which would have been demandable for the Pilotage of such Ship or Vessel, and shall likewise forfeit, an additional Penalty of Five Pounds, for every Fifty Tons Burthen of such Ship or Vessel, if the Corporation of Trinity House of Deptford Strond, as to Cases in which Pilots liscensed by or under the said Corporation shall be concerned, or the said Lord Warden for the Time being, or his Lieutenant for the Time being, as to all Cases in which the Cinq Port Pilots shall be concerned, shall think it proper that the Person prosecuting should be at Liberty to pro­ceed for the Recovery of such additional Penalty, and certify the same in Writing; Exception.Provided always, that nothing in this Act shall extend to subject to Penalties any Master of any Ship or Vessel (not anchoring within the Limits of any Port or Place for which Pilots are or shall be appointed) who shall act himself as Pilot in passing up and down the English Channel or elsewhere, in passing by any Part of the Coast of England in the Course of any Voyage, or within the Limits of the Port or Place to which his Ship belongs, not being a Port or Place in relation to which Provision hath heretofore been made by any Act or Acts of Parliament, or by any Charter or Charters, for the Appointment of Pilots, or who shall employ any Person as a Pilot, or who shall act himself as such for the Conduct of his. Ship or Vessel, in any Case where and so long as a duly qualified Pilot shall not offer Assistance or make a Signal for that Purpose; Provided also, that this Act shall not extend or be construed to extend to hinder any Persons from assisting any Ship or Vessel in Distress at any Time or Place, nor shall subject such. Persons, or any Master of any Ship or Vessel employing such Persons, to the, Penalties of this Act, in respect of such Assistance given during this Distress of such Ship or Vessel, or in consequence thereof, or under any Circumstances which shall have rendered it necessary for such Master to avail himself of the best Assistance which at the Time could be procured; any Thing herein contained to the contrary thereof in anywise not­ withstanding.

Penalty for reporting to Pilots a false account of the Draughts of Water of Vessels, or altering Marks on Vessels to denote such Draughts.LX. And be it further enacted, That every Person having the Command or Charge for the Time being of any Ship or Vessel, who shall report or, be privy or consenting to any other Person's reporting to any Pilot taking the Charge of such Ship or Vessel, a false Account of the Draught of Water of such Ship or Vessel, shall forfeit and pay for every such Offence, in Addition to the Payment of the full Rate of Pilotage to the Pilot entitled thereto, double the Amount of such Pilotage; and any Person having the Command or Charge for the Time being of any Ship or Vessel, or having any Interest, Share, or Property therein, who Shall fraudently alter any Marks on the Stem or Sternpost thereof, denoting the Draught, of Water, or shall be privy to and consenting thereto, shall for any such Offence forfeit and pay the Sum of Five hundred Pounds.

LXVI.