The abovementioned Cinque Port pilots to be subject to the same rules, Present Trinity House pilots may pilot ships inwards within the limits of their licences. Rates to be demanded for duties hitherto performed by Cinque Port pilots. Existing Trinity House 4. The said Cinque Port pilots who have been so licensed as aforesaid before this act comes into operation shall be subject to all the provisions of the said act of the sixth year of King George the Fourth, chapter one hundred and twenty-five, and of any other act now in force, which relate to pilots licensed by the Trinity House, (except such of them as are contained in the fourth section of the said act of the sixth year of King George the Fourth,) and shall likewise be subject to the government and regulations of the Trinity House, and to all bye-laws, rules, orders, or ordinances duly issued by it for the purpose of insuring the good conduct and constant attendance of pilots upon their duty, and to such penalties as may be duly annexed to the breach of the said regulations, bye-laws, rules, orders, or ordinances, in the same manner and to the same extent in and to which pilots licensed by the said Trinity House are subject thereto. 5. All pilots licensed before this act comes into operation by the said Trinity House to pilot any vessels upon the rivers Thames and Medway, or from London Bridge to the Downs, or from the Isle of Wight to London Bridge, shall be authorized to pilot the like vessels from or by Dungeness up the rivers Thames and Medway, and from the south buoy of the Brake to the westward to the end of the Owers, or within such or so much of the same limits as under their present licences they might act within in piloting such vessels down the said rivers or outwards or to the westward: Provided always, that nothing herein contained shall be deemed to confer any privilege of piloting above Gravesend and Stangate Creek respectively upon any pilots by whatever authority they may be licensed, except with the concurrence of the Trinity House in the case of each pilot. 6. Enabling the Trinity House to make regulations for a constant supply of pilots at Dungeness. 7. Directing that vessels coming past Dungeness, not having a pilot already on board, should take the first qualified pilot who offered. 8. Until any such alteration as hereinafter provided for be made, the rates and prices to be demanded and received by all pilots performing the duties hitherto performed by Cinque Port pilots shall be such rates and prices as have immediately before this act comes into operation been lawfully demanded and received by such last-mentioned pilots; and it shall be lawful for the said Trinity House to increase, reduce, alter or modify all or any of the said rates or prices, or to substitute other rates or prices in lieu thereof, with the same consent, in the same manner, and subject to the same conditions with, in and subject to which the Trinity House is empowered to increase, reduce, alter, and modify the rates and prices to be demanded and received by pilots licensed by it, or to substitute other rates and prices in lieu of such last-mentioned rates and prices, but so that in no case shall any higher rate be imposed or demanded than might have been imposed or demanded if this act had not passed. 9. All rates and prices which may be lawfully demanded or received by the said Cinque Port pilots licensed before this act comes into operation, or by any other pilots licensed by or under the government of the Trinity House, shall be recoverable in the same manner in which rates and prices lawfully demanded or received by pilots licensed by the Trinity House under the said act of the sixth year of King George the Fourth are by that act made recoverable; and all rates or prices which may be lawfully demanded or received by any pilots under the government of the said Trinity House for the pilotage of foreign vessels, the owners, masters, agents or consignees, of which claim, by virtue of any treaty of reciprocity, to be entitled to the privileges of British vessels, shall be recoverable from the same persons, in the same manner, and subject to the same conditions from whom and in and subject to which pilotage rates on British vessels are recoverable under the forty-fourth and forty-fifth sections of the said act. Property of Pilots to be 10. All property of every kind, whether real or personal, which may belong to or be held by the Court of Loadmanage or the said Society of Cinque Port Pilots, or any branch thereof, or any officer of the said society, or any other person as trustee for the said society, or any branch thereof, or which may be legally applicable for the benefit of the said society or of the members thereof, or for any purposes connected with pilotage (including a piece of land near Dover which was by indentures of lease and release, dated respectively the sixteenth and seventeenth days of August, one thousand seven hundred and twenty-six, conveyed to trustees therein named, upon certain trusts, for the poor of the Trinity House of Dover), shall, upon the passing of this act, belong to and become vested in the Trinity House of Deptford Strond; and the said Trinity House shall have power to sell the same or any part thereof as occasion may require, and to give full discharges for the purchase money of any part thereof which may be sold; and all monies which if this act had not passed would have been Payments to paid for any purpose connected with the relief or benefit of Cinque Port Cinque Port pilots, their appointees, widows or issue, either in respect of surplus duties on foreign vessels, or by way of fees or contributions from Cinque Port pilots licensed before this act comes into operation, and all sums which would if this act had not passed been payable by such pilots as Trinity money or clerks fees, and all penalties or fines payable by or in respect of such pilots, shall, save as such contributions, Trinity money or clerks fees may be varied or remitted under the regulations to be made and approved as hereinafter mentioned, and save also such of the said contributions as may cease by reason of any such purchases or commutations of claims as hereinafter provided for, be paid to the Trinity House, and the said property and monies shall be carried to and form part of the pilotage funds of the Trinity House. Pilots Fund to be made henceforth to the Trinity House. persons now in 11. The said Trinity House shall, out of their said pilotage fund, pay all Trinity House debts, if any, lawfully and properly incurred by the said Court of Load- to pay debts manage before this act comes into operation, and also such compensation and to settle or superannuation allowances (if any) as the Board of Trade may in its the claims of discretion allow to any persons now in the employ or service of the Court receipt of reof Loadmanage, or of the Lord Warden of the Cinque Ports, or of the lief, and of Society of Cinque Port Pilots, who may be deprived of salaries or emolu- existing ments by reason of the passing of this act, so that no such compensation or Cinque Port superannuation allowance shall exceed the proportion of salary or emolu- pilots. ments which might be granted under similar circumstances to a person in the public civil service under the act of the fourth and fifth years of King William the Fourth, chapter twenty-four; and may in the next place, subject to the regulations to be made and approved as hereinafter mentioned, either purchase out of the said funds the claims of all or any of the persons who, but for the passing of this act, would have been in the receipt of pensions or other relief, either out of the said Cinque Ports Pilots Fund, or under any bye-laws of the said society now in force, or who have already paid widows dues, or have otherwise contributed to the relief of superannuated Cinque Port pilots, or of the widows, appointees or issue of Cinque Port pilots, such purchases to be made upon such terms as may determined by the said regulations, or may, subject as aforesaid, continue to pay out of the said funds pensions or other relief to all or any of the persons who might if this act had not passed have received the same out of the said funds, or under any bye-laws of the said society now in force, such pensions or other relief to be of such amount as may be determined by the be said regulations to be made and approved as hereinafter mentioned; and Trinity House the Trinity House may, subject to such regulations, make arrangements for may enable APPDX. 4 C existing Cinque Port pilots to purchase an interest in the Trinity House Pilots Fund. As to charges on Trinity House Pilotage Fund, and its future management. Recital of of Cinque Port pilots are to be settled. enabling any person who, but for the passing of this act, would be entitled to a pension or other relief under the bye-laws of the said Society of Cinque Port Pilots now in force, or any Cinque Port pilot licensed before this act comes into operation, to purchase an interest in the said Trinity House Pilots Fund; and the terms of such purchase, including the amount and nature of such interest, and the consideration payable for the same, shall be determined by such regulations as aforesaid; and every Cinque Port pilot who chooses to make such purchase shall thereafter pay to the said Trinity House the same contributions, whether by way of poundage or otherwise, as are for the time being payable by pilots licensed by the Trinity House. 12. The said Trinity House shall also out of their said pilotage funds pay all such superannuation allowances or other relief to pilots licensed by them before this act comes into operation, or to the widows and children of such pilots, as might have been payable by the said Trinity House if this act had not passed; and, subject to the charges aforesaid, the said Trinity House Pilots Fund shall be chargeable in the first instance with such expenses as the said Trinity House may duly incur in the performance of its duties in respect of pilots and pilotage, so nevertheless that no superannuation allowance to any person in the employ of the said Trinity House which is included in such expenses shall exceed the proportion of his salary which might be granted under similar circumstances to a person in the public civil service, under the act of the fourth and fifth years of King William the Fourth, chapter twenty-four, or under any other act for regulating such superannuation allowances for the time being in force; and, subject thereto, the said Trinity House Pilots Fund shall be administered by the said Trinity House for the benefit of such pilots licensed by the said Trinity House after this act comes into operation as are incapacitated for the performance of their duty by reason of age, infirmity or accident, and of the widows and children of pilots so licensed, or of such incapacitated pilots only, upon such conditions and under such regulations as the said Trinity House, with the consent of the Board of Trade, may think fit to adopt; and if it appears to the said Trinity House that the contributions for the time being payable to the said Trinity House Pilots Fund are insufficient to enable them to grant allowances of proper and adequate amount, it shall be lawful for the said Trinity House, with such consent and subject to such regulations as aforesaid, from time to time to increase and alter the amount of the annual contribution, or of the poundage upon the sums earned by pilots, which under the fourth section of the said act of the sixth year of the reign of King George the Fourth, chapter one hundred and twenty-five, pilots licensed by the said Trinity House are required to pay to the said pilotage fund. 13. And whereas it is intended that Cinque Port pilots licensed before principles upon this act comes into operation, their widows and appointees, shall, as a which claims body, receive, under the provisions herein before contained, benefits equal in amount to the benefits which they might lawfully and properly have received out of the several funds and payments so transferred to the Trinity House as aforesaid if this act had not passed: And whereas it has been estimated that the funds and payments so transferred, including the principal as well as the interest of the said funds, would, if duly applied, be sufficient to carry the said intention into effect; but in consequence of the numerous contingencies involved it is impossible to calculate with certainty the amount which will be necessary for that purpose, or to determine with precision the manner in which such amount shall be applied, and it is therefore expedient that all due claims of the said Cinque Port pilots, their widows, appointees and issue, should be provided for by the said Trinity House out of their general pilotage funds as herein before provided, and that the Board of Trade and the Trinity House should be Trade, may intrusted with such powers as are necessary for settling the said claims, and for carrying into effect the provisions hereinbefore contained in respect thereof be it enacted, That for the purpose of carrying the said Trinity House, intention and provisions into effect, the said Trinity House may, with the with consent approval of the Board of Trade, from time to time make regulations for of Board of altering and determining the payments and contributions to be made by make regulaCinque Port pilots licensed before this act comes into operation, and for tions for setsettling, purchasing and commuting the claims of persons now in receipt tling the above of relief from the said Cinque Port Pilots' Fund, and of the said Cinque claims. Port pilots licensed before this act comes into operation, their widows, appointees and issue, and for determining the terms and conditions on which such settlement is to be made; and in framing such regulations due regard shall be had to the intention hereinbefore expressed; and the said Trinity House may also, with such consent as aforesaid, from time to time make regulations for the future management of the Trinity House Pilots Fund, and also for the management and maintenance of any pilot boats or cutters belonging to the said Cinque Port pilots, or to any pilots for the time being under the government of the said Trinity House, and for the distribution of the earnings (if any) of such boats or cutters, and for the succession to, purchase of, or transfer of any interests therein; and all such regulations, after being approved of by the Board of Trade, shall be binding upon all parties (d). 17 VICT. c. 5. An Act to admit Foreign Ships to the Coasting Trade. [23rd March, 1854.] This act was repealed by 18 & 19 Vict. c. 96, s. 44, with a saving that all orders of council made under the repealed act should be valid notwithstanding such repeal. The 18 & 19 Vict. c. 96 was (with a like saving) repealed by 39 & 40 Vict. c. 36 (the Customs Laws Consolidation Act, 1876), 8. 288. See 13 & 14 Vict. c. 21, s. 6. 17 & 18 VICT. c. 104. An Act to amend and consolidate the Acts relating to Merchant [10th August, 1854.] Shipping. WHEREAS it is expedient to amend and consolidate the acts relating to PRELIMINARY. Preliminary. 1. This act may be cited for all purposes as "The Merchant Shipping Short title of Act, 1854." act. 2. In the construction and for the purposes of this act (if not incon- Interpretation (d) See the M. S. Act, 1872 (35 & 36 Vict. c. 73), s. 10. of certain terms in this act. sistent with the context or subject matter) the following terms shall have "The United Kingdom" shall mean Great Britain and Ireland: "The Treasury" shall mean the Commissioners of her Majesty's "The Admiralty" shall mean the Lord High Admiral or the Commissioners for executing his office: "The Board of Trade" shall mean the Lords of the Committee of Privy Council appointed for the consideration of matters relating to trade and foreign plantations: "The Trinity House" shall mean the master, wardens and assistants of the guild, fraternity or brotherhood of the most glorious and undivided Trinity and of St. Clement in the parish of Deptford Strond, in the county of Kent, commonly called the Corporation of the Trinity House of Deptford Strond: "The Port of Dublin Corporation" shall mean the corporation for preserving and improving the port of Dublin: "Consular Officer" shall include consul-general, consul and vice-consul, and any person for the time being discharging the duties of consulgeneral, consul or vice-consul: "Receiver" shall mean any person appointed in pursuance of this act receiver of wreck : "Pilotage Authority" shall include all bodies and persons authorized to appoint or license pilots, or to fix or alter rates of pilotage, or to exercise any jurisdiction in respect of pilotage: "Pilot" shall mean any person not belonging to a ship who has the conduct thereof: "Qualified Pilot" shall mean any person duly licensed by any pilotage authority to conduct ships to which he does not belong: "Master" shall include every person (except a pilot) having command or charge of any ship: "Seaman" shall include every person (except masters, pilots and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship: "Salvor" shall, in the case of salvage services rendered by the officers or crew or part of the crew of any ship belonging to her Majesty, mean the person in command of such ship: "Person" shall include body corporate: Ship" shall include every description of vessel used in navigation not "Foreign-going Ship" shall include every ship employed in trading or (d) See the M. S. (Colonial) Act, 1869 (32 Vict. c. 11), s. 7. (e) See Ex parte Ferguson, L. R., 6 Q. B. 280. |