Page:A Collection of Charters and Statutes relating to the East India Company.pdf/91

Rh or Margate, shall be entitled to and shall receive for such Pilotage at and after the Rate of Five Shillings for every Foot of the Draft of Water of the Ship or Vessel so piloted and conducted by him into or out of any such Harbour, if such Ship or Vessel shall have been so piloted and conducted into or out of the same in moderate Weather, but if under any Circumstances of Distress then such Pilot shall be entitled to such further Sum of Money to be calculated according to the Extent and Circumstances of such Distress, as the Commissioners of Salvage, established under the Lord Warden of the Cinque Ports shall, upon Application either of the Pilot, or Owner or Master of any such Ship or Vessel, upon enquiring into all such Circumstances, directs and such Commissioners shall and they are hereby required, upon any such Application made, to enquire into all such Circumstances, and to determine the Amount of the Sum so to be paid for the Pilotage of any such Ship or Vessel into the said Harbours respectively: Provided always, that on the Arrival of any Ship or Vessel, and as soon as, she shall be moored in any of the said Harbours, it shall be lawful for the Pilot to demand the Pilotage due to him as aforesaid, and to quit the Ship forthwith.

XXII. Provided always, and be it further enacted, That nothing in this Act contained shall be construed to prevent any Ship or Vessel which shall be brought into any Port or Ports in England by any Pilot duly licensed, from being afterwards removed in such Port or Ports by the Master or Mate, or other Person belonging to any such Ship or Vessel, and having the Command thereof, or if in Ballast, by any other Person or Persons appointed by any Owner, or the Master, or any Agent of the Owner, for the purpose of entering into or going out of any Dock, or for changing the Moorings of such Ship or Vessel.

XXIII. And be it further enacted, that when and as soon as the said Corporation of Trinity House of Deptford Strond shall have licensed Pilots for any particular Port or Ports, and the respective Coasts near the same as aforesaid, they shall cause Notice of such Appointment to be published by fixing up such Notice in Writing at the Trinity House, and at the Custom House in London, and also at the respective Custom Houses of the Ports for which, and the Coasts near the same, such Appointments shall be made; and shall also afterwards cause such Notice to be published in the London Gazette, and in One or more Newspapers circulated in that part of the Country where the Ports shall respectively be situated, which Publication in the London Gazette shall be good and sufficient Evidence of the Notice having been given; and from and after a Time or Times to be limited in the said. Notices, which shall not in any Case, or in relation to any Ships or Vessels whatever, be less than Six Weeks from the Publication thereof as aforesaid, and shall be proportionably more, at the Discretion of the said Corporation, in relation to Ships and Vessels engaged in Foreign, Voyages at the Time of such Publication, all Ships and Vessels sailing, navigating, or passing, into or out of the said respective Ports, or upon the Coasts thereof, shall be conducted and piloted by such Pilots only as shall be so licensed as aforesaid, and by no other Pilots whomsoever.

XXIV. And be it further enacted, That if any Person suspended, or adjudged to have forfeited his Licence as a Pilot; shall during the line of such Suspension, or after such Adjudication, take upon himself to conduct any Ship or Vessel, except in Cases of Distress, and in cases where no acting licensed Pilots can be found, such Person shall be liable in all such Penalties, to be recovered and applied in like Manner and Form as are provided by this Act against any, Person who shall conduct or pilot any Ship or Vessel without ever having been licensed as a Pilot.

XXV. Provided always, and be it further enacted, That every Pilot who shall be suspended, or adjudged to have forfeited his Licence, and every person who, having complained of any such this Pilot, shall be dissatisfied with the Adjudication made upon the Matter of such Complaint by the Corporation, Society, or Persons who shall have Cognizance of such, Complaint, may appeal to His Majesty's Privy Council, who shalt thereupon hear the Appeal, and confirm or annul any former Determination or Adjudication in the Premises, or at their Discretion make any particular and special Order relating thereto, and to the Matter of such Appeals as the Case may require.

. Provided always, and be it further enacted, That no Owner or Master of any ship or Vessel shall be answerable for any Loss or Damage, for shall any Owner or owners of any Ship or Ship' Vessel, or Consignee of Goods, be presented from recovering any loss or Damage upon any Contract of Insurance of the same, or upon any other Contract relating to any Ship or Vessel, or any Cargo on board the same, by reason of no Pilot being on board of any such Ship of Vessel, unless It shall be proved that the Want of a pilot shall have arisen from any Refusal to take a Pilot on board, or from the wilful Neglect of the Master of the ship or Vessel in not heaving to or using all practicable Means consistently with the Safety of the Vessel for the purpose of taking on board any Pilot who shall be ready and offer to take Charge of such, Ship or Vessel. XXVII.