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 A COMMON LAW AND CHANCERY TIME-TABLE, 
 
 Compiled for the use of Students. BY GEORGE NICHOLS MARCY, 
 of Lincoln's Inn, Barrister-at-Law. Second Edition. 
 
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 NEW LAW OF BANKRUPTCY. 
 
 In I2mo. (1870), j'ice 12s. dotii, 
 
 A TREATISE 
 
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 THE ABOLITION OF IMPRISONMENT FOR DEBT ACT, 1869, 
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 AND 
 
 THE RULES AND ORDERS UNDER THOSE ACTS; 
 
 TOGETHER WITH AN INTRODUCTION AND NOTES, AND THE LAW 
 
 OP PRIVATE ARRANGEMENTS WITH CREDITORS. 
 
 BY 
 
 GEOKGE SILLS, M.A., 
 
 Of St John's College, Cambridge, and of Lincoln's fun, Barri$tcr-at-Lav: ; 
 
 AUTHOR OF 
 
 "A TREATISE OX COMPOSITION DEEDS CXDER THE BANKRUPTCY ACTS OF 
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 AS AFFECTED BY THE 
 
 STATUTES 
 
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 AND THE RELIEF OF TRUSTEES. 
 
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 OF THE JIIDDI.E TEMPLE, BAHHISTER-AT-T,.\W. 
 
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 IN THE PRESS, SECOND EDITION, 
 MARCY'S 
 
 EPITOME OF CONVEYANCING STATUTES, 
 
 Extending from the Reign of Edward I. to the end of the Session 1874. 
 
 BY GE011GE NICHOLS MARCY, 
 OF LINCOLN'S INN, ESQUIRE, BARRISTER-AT-LAW. 
 
 SECOND EDITION, ENLARGED. 
 
 LONDON : DAVIS & SON, 57 CAREY ST., LINCOLN'S INN, W.C.
 
 THE LAW OF PILOTAGE 
 
 ON THE 
 
 RIVER THAMES.
 
 FRINTE1) BY BAI.I.ANTYNK AND COMPANY 
 EDINBURGH AND LONDON
 
 THE LAW OF PILOTAGE 
 
 ON THE 
 
 RIVER THAMES. 
 
 WILLIAM HENRY FARNFIELD, 
 
 IM 
 
 SOLICITOR, 
 
 A Member of the Incorporated Law Society. 
 
 LONDON: 
 DAVIS & SON, 
 
 57 CAREY STREET, LINCOLN'S INN, W.C. 
 1874.

 
 PEEFACE. 
 
 SINCE the passing of the Merchant Shipping 
 Act, 1854, Part V. of which was intended as a 
 re-enactment of all matters relating to Pilotage, 
 no work has been published dealing with such 
 subject ; and as great doubt seems to exist 
 in the minds of Shipowners, and even Pilots 
 themselves, with respect to the present state of 
 the law thereon, the present book has been 
 written. The references to authorities and notes 
 are necessarily very brief, so as to bring them 
 within a small compass, as to reprint cases 
 would have seemed, and justly so, merely an 
 excuse for increasing the size of the work, con- 
 trary to the wish of the writer, whose aim has
 
 VI PREFACE. 
 
 been to state every point as concisely as the 
 nature of the subject admits. 
 
 It is obvious that an alteration in the law 
 will soon be made ; in the meantime the author 
 trusts that his book will be of some slight ser- 
 vice to those for whom it was more particularly 
 penned. 
 
 WM. HENRY FARNFIELD. 
 
 90 LOWER THAMES STREET, 
 LONDON, September 1874.
 
 TABLE OF CASES REFERRED TO. 
 
 PA<JE 
 
 AGKICOLA, THE, ...... 26 
 
 BEILBY v. SCOTT, . . . . . .11 
 
 BERWICK, THE, ...... 35 
 
 CARRIER DOVE, THE, ..... 49 
 
 CITY OF CAMBRIDGE, THE, ..... 51 
 
 EARL OF AUCKLAND, THE. . . . . . 38 
 
 ENERGY, THE, . . . . .50 
 
 GENERAL STEAM NAVIGATION COMPANY v. BRITISH 
 
 COLONIAL STEAMSHIP COMPANY LIMITED, . . 45 
 
 HANNA, THE, ..... 26, 42, 48 
 
 IONA, THE, . . . . . . .50 
 
 KlLLARNEY, THE, ...... 
 
 LAWSON AND ANOTHER V. DuMLIN, 
 
 LION, THE, ...... 
 
 LLOYDS, THE, OTHERWISE THE SEA QUEEN, 
 MALVINA, THE, . . ... 
 
 PEAKE v. SCREECH, ...... 
 
 REG. v. STANTON, ...... 
 
 ROYAL CHARTER, THE, ..... 
 
 SCHWALBE, THE, . . 
 
 SCHWAN, THE, ...... 
 
 SEA QUEEN, THE, OTHERWISE THE LLOYDS,
 
 Viii TABLE OF STATUTES REFERKED TO. 
 
 PAGE 
 
 STETTIN, THE, ' . .44 
 
 TEMORA, THE, . . . . .37 
 
 URANIA, THE, . . . .24 
 
 WESLEY, THE, .. . . . . . . 26 
 
 WILLIAMS v. NEWTON, . .- . . ' . . 41 
 
 TABLE OF STATUTES REFERRED TO. 
 
 3 GEO. I. CHAP, 13. 
 7 GEO. I. CHAP. 21. 
 
 5 GEO. II. CHAP. 20. 
 43 GEO. III. CHAP. 152. 
 
 47 GEO. III. STAT. 2, CHAP. 71. 
 
 48 GEO. III. CHAP. 104 
 52 GEO. III. CHAP. 39. 
 55 GEO. III. CHAP. 87. 
 
 6 GEO. IV. CHAP. 125. 
 9 GEO. IV. CHAP. 86. 
 
 12 & 13 VICT. CHAP. 88. 
 
 16 & 17 VICT. CHAP. 129. 
 
 17 & 18 VICT. CHAP. 104. 
 17 & 18 VICT. CHAP. 120. 
 24 VICT. CHAP. 10. 
 
 35 & 36 VICT. CHAP. 73. 
 
 36 & 37 VICT. CHAP. 85.
 
 THE LAW OF PILOTAGE 
 
 RIVER THAMES. 
 
 THE truth is, said Dr Lushington, in giving judg- 
 ment in a case to which we shall hereafter have to 
 refer, " the Pilotage Law is in great confusion ; " and 
 with a view to reduce this state of confusion, and to 
 harmonise the different statutes, orders, and deci- 
 sions bearing upon this law, so far as it affects 
 the River Thames, the present treatise has been 
 written. 
 
 The name of Pilot is applied to a person taken on 
 board at a particular place, for the purpose of con- 
 ducting a Ship through a river road or channel, or 
 from or into a port ; for it cannot be expected that 
 every Master in command of a Vessel is to have the 
 necessary knowledge requisite to enable him to 
 navigate such Vessel in every port in which he 
 happens to be ; and as a general law he is bound to
 
 2 THE LAW OF PILOTAGE 
 
 employ a qualified pilot to take charge in all ports and 
 places within the limits of a pilot's establishment. 
 
 The chief pilotage authority in the United King- 
 dom is the Corporation of the Trinity House, Dept- 
 ford Strond, known as the London Trinity House, 
 and the jurisdiction of that Corporation for licensing 
 and regulating pilots on the River Thames is now 
 subject to certain rights conferred upon the Board of 
 Trade supreme. 
 
 The powers of the Trinity House, and its ancient 
 privileges, are more particularly referred to in 
 the preamble of the Act 6 Geo. IV. c. 125, which 
 Act, coupled with the 9 Geo. IV. c. 86, which 
 prohibited Cinque Port pilots, unless expressly 
 licensed, from taking charge of Vessels to the west- 
 ward of the public landing-place at Gravesend, or 
 westward of Standgate Creek in the Medway, for 
 some years existed as the only authority for the 
 Corporation to exercise such powers, until its repeal 
 by the Merchant Shipping Repeal Act, 1854 (17 and 
 18 Viet. c. 120), but the jurisdiction possessed by 
 the Corporation as a pilotage authority is retained 
 to it by the Merchant Shipping Act, 1854 (17 and 
 18 Viet. c. 104), hereinafter fully referred to. 
 
 The preamble is as follows : 
 
 Whereas Ships and Vessels have frequently been wrecked, and 
 many lives and much property have been lost, from the ignorance 
 or misconduct of persons taking charge of such Ships and Vessels
 
 ON THE KIVER THAMES. 3 
 
 as pilots. And whereas the Master, "Wardens, and Assistants of 
 the Guild Fraternity or Brotherhood of the Most Glorious and 
 Undivided Trinity and of Saint Clement, in the parish of Deptford 
 Strond, in the County of Kent, commonly called, " The Corpora- 
 tion of Trinity' House of Deptford Strond," have, as -well by usage 
 for more than three centuries, as by grants from the Crown, been 
 empowered to appoint pilots, leadsmen, or guides to conduct Ships 
 and Vessels into and out of and upon the Kiver of Thames, through 
 the North Channel, to or by Orfordness and round the Long 
 Sand Head, or through the Queen's Channel, the South Channel, 
 or other Channels into the Downs, and from and by Orfordness 
 and up the North Channel, and up the Elvers Thames and Med- 
 way, and the several creeks and channels belonging or running 
 into the same, and to make such orders and constitutions as should 
 be needful for the wholesome government of seafaring men, and 
 maintenance and increase of navigation, and of all seafaring men 
 within the said Kiver of Thames ; in pursuance of which powers, 
 the said Corporation have, from time to time, appointed a sufficient 
 number of pilots for the purposes before mentioned, and made 
 orders for the better regulation and government of the same. 
 
 The preamble then recited that the provisions of 
 the Acts then in force* had been found inadequate 
 and insufficient, and it was therefore expedient that 
 the same should be repealed, and that the provisions 
 therein contained respecting pilots and pilotage 
 should be improved and amended, and consolidated 
 in one law ; the said Acts, and all provisions in other 
 Acts relating to pilots and pilotage, were repealed, 
 and by Section 2, the Trinity House had, using the 
 exact words of the section, the following powers 
 vested in them : 
 
 ,* Acts referred to 52 Geo. III. c. 39_and 55 Geo. ILL c. 87.J
 
 4 THE LAW OF PILOTAGE 
 
 That from and after the passing of this Act, it shall be lawful 
 for the said Corporation of Trinity House of Deptford Strond ; 
 and they are hereby required, after due examination, to appoint 
 and license under their common seal fit and competent persons, 
 duly skilled, to act as pilots for the purpose of conducting all Ships 
 and Vessels sailing, navigating, and passing as well up and down, 
 or upon the Rivers of Thames and Medway, and all and every the 
 several channels, creeks, and docks thereof or therein, or leading 
 or adjoining thereto between Orfordness and London Bridge, as 
 also from London Bridge to the Downs, and from the Downs 
 westward, as far as the Isle of Wight ; and in the English Channel 
 from the Isle of Wight up to London Bridge, and all Ships and 
 Vessels sailing, navigating, and passing as aforesaid (save and 
 except as hereinafter provided*) shall be conducted and piloted 
 within the limits aforesaid by such pilots, so to be appointed and 
 licensed, and by no other pilots or persons whomsoever. 
 
 Previous to the passing of the Act 6 Geo. IV. c. 
 125, above referred to, pilotage from Dover, Deal, and 
 the Isle of Thanet, up the Rivers Thames and Med- 
 way, was regulated by Statutes 3 Geo. I. c. 13, 7 
 Geo. I. c. 21, and 43 Geo. III. c. 152, revived and 
 continued by 47 Geo. III. Stat. 2, c. 71, and 48 
 Geo. III. c. 104. 
 
 Pilotage down the Thames and through the North 
 Channel, to or by Orfordness, and round the Long 
 Sand Head into the Downs, and down the South 
 Channel into the Downs, and from or by Orfordness 
 up the North Channel, and the Thames and Medway, 
 was regulated by 5 Geo. II. c. 20. 
 
 The whole of these Acts, together with the 52 Geo. 
 
 * These exceptions are fully set out hereafter.
 
 ON THE RIVER THAMES. 5 
 
 III. c. 39, which gave certain additional powers and 
 authorities to the Trinity House, and the 55 Geo. III. 
 c. 87, which relieved certain foreign Vessels resorting 
 to the port of London from, and regulated the mode 
 of payment of, pilotage on foreign Vessels in the said 
 port, were repealed by the 6 Geo. IV. c. 125. 
 
 No important alteration in the law as it existed 
 under that Act took place until the passing of the 
 Act 12 & 13 Viet. c. 88, which allowed Masters 
 and Mates of Merchant Vessels, after passing an 
 examination, to pilot such Vessels within the limits 
 in regard to which they had passed their examination. 
 And this Act was followed by the 16 & 17 Viet, 
 c. 129, which accomplished the union of the Trinity 
 House and Cinque Port pilots, and authorised the 
 Trinity House to license pilots for the passage 
 inwards, from or by Dungeness, up the Rivers Thames 
 and Medway to London Bridge and Rochester, as 
 well as outwards ; repealed that portion of the Act 6 
 Geo. IV. c. 125, as related to Cinque Port pilots, 
 and further enacted that all byelaws, rules, orders, 
 regulations, or ordinances thereafter made by the 
 Trinity House, in exercise of the powers contained in 
 the Act 6 Geo. IV. c. 125, or that Act, should be 
 submitted to Her Majesty in Council for approval, and 
 should, if so approved, but not otherwise, have the 
 force and effect of law. 
 
 By virtue of this enactment, on the 18th February
 
 6 THE LAW OF PILOTAGE 
 
 1854, Her Majesty, by an order in Council, approved 
 of a byelaw made by the Trinity House for the 
 purpose of extending the exemptions then existing 
 under the provisions of the 59th section of 6 Geo. 
 IV. c. 125. 
 
 The object of this byelaw was for the purpose of 
 applying such exemptions to Vessels coming up by the 
 South Channels as well as the North ; for by an error 
 in the Roll the Act was made to refer only to Vessels 
 coming up by the North Channels, and it so remained 
 until the order in Council referred to above. 
 
 Such was the state of the law until the passing 
 of two Acts, namely, the Merchant Shipping Act, 
 1854 (17 & 18 Viet. c. 104), and the Merchant 
 Shipping Repeal Act, 1854 (17 & 18 Viet. c. 120), 
 both of which, so far as they relate to the subject 
 before us, came into operation on the 1st May 
 1855. 
 
 And first, as to the Repeal Act, it was provided 
 that such repeal should not affect any byelaw or 
 regulation duly made under any enactment thereby 
 repealed ; and the same should continue in force, 
 but should be subject to such provisions of the 
 Merchant Shipping Act, 1854, as were applicable 
 thereto respectively. The Act then repealed the 
 whole of the 6 Geo. IV. c. 125, and the Amend- 
 ment Act of 9 Geo. IV. c. 86, to which it has not 
 been necessary to refer at any length ; the whole of
 
 ON THE KIVER THAMES. 7 
 
 the 12 & 13 Viet. c. 88, and the whole of the 
 16 & 17 Viet. c. 129, except Sections 3, 4, 5, 
 8, 10, 1], 12 and 13, and part of Section 9. These 
 sections particularly refer to the status and position 
 of Cinque Port pilots, and have no bearing upon 
 the question to be discussed here, excepting that 
 they keep alive the right of pilots to pilot Vessels 
 inwards, within the limits of their licence, as well as 
 outwards. 
 
 The Merchant Shipping Act, 1854, as its name 
 implies, was intended to be a re-enactment of several 
 statutes, more particularly referring to Merchant 
 Shipping ; and the fifth part of the Act is devoted to 
 the regulations as to pilotage, and applies to the 
 United Kingdom only ; and the sections bearing upon 
 the jurisdiction of pilotage authorities, and which 
 govern the London Trinity House, and the naviga- 
 tion of the Thames and Medway, will be found set 
 out almost at length, in order that a fair estima- 
 tion of the intentions of the Legislature may be 
 arrived at. 
 
 And first, it must be remarked that by the inter- 
 pretation clauses of the Act, the following terms have 
 the respective meanings hereinafter assigned to them, 
 namely : 
 
 " 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 :
 
 8 THE LAW OP PILOTAGE 
 
 " 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, com- 
 monly called the Corporation of the Trinity House of Dept- 
 ford Strond : 
 
 " Pilotage Authority " shall include all bodies and persons autho- 
 rised to appoint or license Pilots, or to fix or alter Kates 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 : 
 
 "Ship" shall include every description of Vessel used in naviga- 
 tion, not propelled by Oars : 
 
 " Foreign-going Ship " shall include every Ship employed in trad- 
 ing, or going between some place or places in the United 
 Kingdom, and some place or places situate beyond the follow- 
 ing limits ; that is to say, the Coasts of the United Kingdom, 
 the Islands of Guernsey, Jersey, Sark, Alderney, and Man, and 
 the Continent of Europe between the Kiver Elbe and Brest 
 inclusive : 
 
 " Home-trade Ship " shall include every Ship employed in trading 
 or going within the following limits ; that is to say, the United 
 Kingdom, the Islands of Guernsey, Jersey, Sark, Alderney, and 
 Man, and the Continent of Europe between the River Elbe 
 and Brest inclusive : 
 
 " Home-trade Passenger Ship " shall mean every Home-trade Ship 
 employed in carrying Passengers : 
 
 With this interpretation before him, the reader will 
 be able to more readily understand the sections it will 
 be necessary to quote, and which are as follow :
 
 ON THE EIVER THAMES. 9 
 
 Powers of Pilotage Authorities (General.} 
 
 SEC. 331. Every Pilotage Authority shall retain all powers 
 and jurisdiction which it now lawfully possesses, so far as the 
 same are consistent with the provisions of this Act ; but no law 
 relating to such Authority, or to the Pilots licensed by it, and no 
 Act done by such Authority, shall, if inconsistent with any pro- 
 vision of this Act, be of any force whatever. 
 
 SEC. 332. Every Pilotage Authority shall have power, by 
 Byelaw made with the consent of Her Majesty in Council, to 
 exempt the Masters of any Ships, or of any classes of Ships, from 
 being compelled to employ qualified Pilots, and to annex any 
 terms or conditions to such exemptions, and to revise and 
 extend any exemptions now existing by virtue of this Act, or any 
 other Act of Parliament, Law, or Charter, or by usage, upon such 
 terms and conditions and in such manner as may appear desirable 
 to such Authority. 
 
 SEC. 333. Subject to the provisions contained in the Fifth 
 Part of this Act, it shall be lawful for every Pilotage Authority, 
 by Byelaw made with the consent of Her Majesty in Council, 
 from time to time to do all or any of the following things 
 within its Districts ; that is to say 
 
 (1.) To determine the Qualifications to be required from persons 
 applying to be licensed as Pilots, whether in respect of their 
 age, skill, time of service, character, or otherwise : 
 (2.) To make Regulations as to the approval and licensing of 
 
 Pilot Boats and Ships : 
 
 (3.) To make Regulations for the government of the Pilots 
 licensed by them, and for insuring their good conduct, and 
 their constant attendance to and effectual performance of 
 their duty, either at sea or on shore : 
 
 (4.) To fix the terms and conditions of granting Licences to 
 Pilots and Apprentices, and of granting such Pilotage Certifi- 
 cates as hereinafter mentioned to Masters and Mates, and to 
 make Regulations for punishing any breach of such Regula- 
 tions as aforesaid committed by such Pilots or Apprentices or 
 by such Masters and Mates by the withdrawal or suspension
 
 10 THE LAW OF PILOTAGE 
 
 of their Licences or Certificates, as the case may be, or by 
 the infliction of Penalties to be recoverable summarily : 
 (5.) To fix the rates and prices or other remuneration to be 
 demanded and received for the time being by Pilots licensed 
 by such Authority, or to alter the mode of remunerating such 
 Pilots, in such manner as such Authority may, with such 
 consent as aforesaid, think fit, so that no higher rates or 
 prices be demanded or received from the Masters or Owners 
 of Ships in the case of the Trinity House than the rates and 
 prices specified in the Table marked U in the Schedule to 
 the Act : * 
 
 (6.) To arrange the limits of Pilotage Districts : 
 (7.) To establish funds for the relief of superannuated or infirm 
 
 qualified Pilots, or of their Wives, Widows, or Children : 
 (8.) To repeal or alter any Byelaw made in exercise of the 
 above powers, and to make a new Byelaw or new Byelaws in 
 lieu thereof : 
 
 And every Byelaw duly made by any Pilotage Authority, in 
 exercise of the powers hereby given to it, shall be valid and 
 effectual, notwithstanding any Act of Parliament, Rule, Law, or 
 Custom to the contrary. 
 
 SECS. 334 and 335 regulate the publication of Byelaws, and 
 direct that the same shall be laid before both Houses of Parliament 
 as soon as possible after the making thereof. 
 
 SEC. 336. Power of appeal given to qualified Pilots to Board 
 of Trade. 
 
 SECS. 337, 338, and 339 regulate the returns to be delivered 
 by Pilotage Authorities to the Board of Trade. 
 
 Licensing of Masters and Mates (General). 
 
 SEC. 340. The Master or Mate of any Ship may, upon giving 
 
 due netice, and consenting to pay the usual expenses, apply to 
 
 any Pilotage Authority to be examined as to his capacity to pilot 
 
 the Ship of which he is Master or Mate, or any one or more 
 
 * Table U, BO far as it relates to the River Thames, will be found 
 set out in the Appendix, p. 62. ^
 
 ON THE RIVER THAMES. 11 
 
 Ships belonging to the same Owner, within any part of the Dis- 
 trict over which such Pilotage Authority has jurisdiction ; and 
 such Master or Mate shall, if such Authority thinks fit, thereupon 
 be examined ; and if found competent, a Pilotage Certificate shall 
 be granted to him, containing his Name, a Specification of the 
 Ship or Ships in respect of which he has been examined, and a 
 description of the limits within which he is to pilot the same, 
 such limits to be within such jurisdiction as aforesaid ; and such 
 Certificate shall enable the person therein named to pilot the 
 Ship or any of the Ships therein specified, of which he is acting 
 as Master or Mate at the time, but no other, within the limits 
 therein described, without inHjring any Penalties' for the non- 
 employment of a qualified Pilot.* 
 
 * The Master or Mate, under an order issued by the authority of 
 the Trinity House, is now qualified to pilot any other Ship or Ships 
 belonging to the same owner as the Ship or Ships for which his 
 Certificate was granted, within the limits described in such Certificate, 
 without being compelled to employ a pilot, on the following condi- 
 tions : 
 
 "That the Ship or Ships which he is so qualified to pilot shall be 
 of no greater Draught of Water than the Ship or Ships in respect of 
 which his Certificate was granted. 
 
 ' ' And that the name and description of every Ship which he is so 
 qualified to pilot shall have been by or with the consent of the Trinity 
 House first added to or endorsed upon his Certificate." 
 
 It should be also remembered that if a Master or Mate possessing a 
 Certificate has occasion to employ a pilot to assist him, it must be a 
 duly licensed and not an unlicensed pilot. Beilby v. Scott, 7 M. and 
 W., p. 101. 
 
 A Certificate purporting to enable a Master to pilot his Vessel 
 within certain waters, was signed and sealed by the pilotage authority, 
 and was lying in the office to be called for by the Master, but he had 
 not applied for it, and was ignorant that it would be given to him on 
 application. Held that the Certificate was not "granted to the 
 Master," nor "possessed " by him within Sections 340 and 353 of the 
 Act, so as to enable him to pilot his Vessel in the specified waters. 
 The Killarney, Lushington, p. 427.
 
 12 THE LAW OF PILOTAGE 
 
 SEC. 341. The Pilotage Certificate so granted shall not be in 
 force for more than one year, unless the same is renewed, which 
 may from time to time be done by an indorsement under the 
 hand of the Secretary or other proper Officer of the Authority by 
 whom such Certificate was granted. 
 
 SEC. 342. If upon complaint to the Board of Trade it appear 
 to such Board that any such Authority as aforesaid has, without 
 reasonable cause, refused or neglected to examine any Master or 
 Mate who has applied to them for the purpose, or after he has 
 passed the examination has, without reasonable cause, refused or 
 neglected to grant him a Pilotage Certificate, or that the examina- 
 tion of any such Master or Mate has been unfairly or improperly 
 conducted, or that any terms imposed or sought to be imposed 
 by such Authority are unfair or improper, or that any Pilotage 
 Certificate granted by such Authority has been improperly with- 
 drawn, the Board of Trade may, if in its judgment the cir- 
 cumstances appear to require it, appoint persons to examine such 
 Master or Mate, and if he is found competent, may grant him a 
 Pilotage Certificate, containing the same particulars as would 
 have been inserted in any Certificate granted by such Pilotage 
 Authorities as aforesaid, upon such terms and conditions, and 
 subject to such Eegulations, as such Board may think fit ; and 
 such Certificate shall have the same effect as if it had been 
 granted by such Pilotage Authority as aforesaid ; and such 
 Certificate shall be in force for one year, and may be renewed 
 from year to year, either by the said Authorities in manner 
 hereinbefore mentioned, or by the Board of Trade, if such Board 
 thinks fit, such renewal to be indorsed on the said Certificate, 
 either by such person as the Board of Trade may appoint for the 
 purpose, or in manner hereinbefore provided as to Certificates 
 granted by any Pilotage Authority. 
 
 SEC. 343. All Masters or Mates to or for whom any such 
 Pilotage Certificates as aforesaid are granted or renewed by any 
 Pilotage Authority shall pay to such Authority, or as it directs, 
 such fees upon their respective Certificates, and upon the Re- 
 newals thereof, as are from time to time fixed for that purpose
 
 ON THE RIVER THAMES. 13 
 
 by such Authority, with the consent of the Board of Trade ; and 
 all Masters and Mates to or for whom any such Certificates are 
 granted or renewed by the Board of Trade shall pay to such 
 Board, or as it directs, such fees upon their Certificates and upon 
 the Eenewals thereof as may be fixed by such Board, so never- 
 theless that in the case of Pilotage Certificates granted or re- 
 newed by the Board of Trade, such fees shall in no case be less 
 than the fees payable by the qualified Pilots in the same District 
 upon their Licences and the Renewal thereof ; and such fees 
 shall in the case of Certificates and Renewals granted by 
 Pilotage Authorities be applicable either to paying the expense 
 of the Examinations, or any other general expenses connected 
 with Pilotage incurred by such Authorities, or to the Pilots' 
 Superannuation Fund of the District (if any), or otherwise for 
 the benefit of the Pilots appointed by such Authorities, as such 
 Authorities think fit ; and such fees shall in the case of Pilotage 
 Certificates granted or renewed by the Board of Trade be appli- 
 cable to the expense of the examinations, and the surplus (if 
 any) shall be applied for the benefit of the qualified Pilots of the 
 Port or District to which such Certificates apply, in such manner 
 as such Board thinksfit. 
 
 SEC. 344. If at any time it appears to the Board of Trade, or 
 to any Pilotage Authority, that any Master or Mate to whom a 
 Pilotage Certificate has been granted by such Board or Authority 
 has been guilty of misconduct, or has shown himself incompetent 
 to pilot his Ship, such Board or such Authority (as the case may 
 be) may thereupon withdraw his Certificate, and such Certificate 
 shall thenceforth cease to be of any effect whatever. 
 
 SECS. 345, 346, 347, and 348 apply to Pilot Boats. 
 
 Pilot Licences (General). 
 
 SEC. 349. Every qualified Pilot, on his appointment, shall 
 receive a Licence, containing his Name and usual place of abode, 
 together with a description of his person, and a specification of 
 the limits within which he is qualified to act : And it shall be 
 the duty of the principal Officer of Customs at the place at or
 
 14 THE LAW OF PILOTAGE 
 
 nearest to which any qualified Pilot may reside, upon his request, 
 to register his Licence ; and no qualified Pilot shall be entitled to 
 act as such until his Licence is so registered ; and any qualified 
 Pilot acting beyond the limits for which he is qualified by his 
 Licence shall be considered as an unqualified Pilot. 
 
 SEC. 350. Every qualified Pilot shall, upon receiving his 
 Licence, be furnished with a Copy of such part of this Act as 
 relates to Pilotage, together with a copy of the Rates, Byelaws, 
 and Regulations established within the District for which he is 
 licensed ; and he shall produce such copies to the Master of any 
 Ship, or other person employing him, when required to do so, 
 under a Penalty, in case of default, not exceeding Five Pounds. 
 
 SEC. 351. Every qualified Pilot, while acting in that capacity, 
 shall be provided with his Licence, and produce the same to every 
 person by whom he is employed, or to whom he tenders his 
 services as Pilot ; and if he refuses to do so at the request of 
 such person, he shall incur for each offence a Penalty not exceed- 
 ing Ten Pounds, and shall be subject to suspension or dismissal 
 by the Pilotage Authority by whom he is licensed. 
 
 SEC. 352. Every qxialified Pilot, when required by the Pilotage 
 Authority who appointed him, shall produce or deliver up his 
 Licence ; and on the death of any qualified Pilot, the person into 
 whose hands his Licence happens to fall, shall without delay 
 transmit the same to the Pilotage Authority who appointed the 
 deceased Pilot ; and any Pilot or person failing to comply with 
 the provisions of this Section shall incur a penalty not exceeding 
 Ten Pounds. 
 
 Compulsory Pilotage (General.) 
 
 SEC. 353. Subject to any alteration to be made by any Pilotage 
 Authority in pursuance of the power hereinbefore in that behalf 
 given, the employment of Pilots shall continue to be compulsory 
 in all Districts in which the same was by law compulsory im- 
 mediately before the time when this Act conies into operation ; 
 and all exemptions from compulsory Pilotage then existing within 
 such Districts shall also continue in force ; and every Master of 
 any unexempted Ship navigating within any such District who,
 
 ON, THE RIVER THAMES. 1 5 
 
 after a qualified Pilot has offered to take charge of such Ship or 
 has made a Signal for that purpose, either himself pilots such 
 Ship without possessing a Pilotage Certificate enabling him so to 
 do, or employs or continues to employ an unqualified person to 
 pilot her, and every Master of any exempted Ship navigating 
 within any such District who, after a qualified Pilot has offered to 
 take charge of such Ship or has made a signal for that purpose, 
 employs or continues to employ an unqualified Pilot to pilot her, 
 shall for every such Offence incur a Penalty of double the amount 
 of Pilotage demandable for the conduct of such Ship.* 
 
 SEC. 354. The Master of every Ship carrying Passengers be- 
 tween any place situate in the United Kingdom, or the Islands of 
 Guernsey, Jersey, Sark, Aldemey, and Man, and any other place 
 so situate, when navigating upon any Waters situate within the 
 limits of any District for which Pilots are licensed by any Pilot- 
 age Authority under the provisions of this or of any other Act, or 
 upon any part thereof so situate, shall, unless he or his Mate has 
 a Pilotage Certificate, enabling such Master or Mate to pilot the 
 said Ship within such District, granted under the provisions 
 hereinbefore contained, or such Certificate as next hereinafter 
 mentioned, being a Certificate applicable to such District and to 
 such Ship, employ a qualified Pilot to pilot his Ship ; and if he 
 fails so to do, he shall for every offence incur a Penalty not exceed- 
 ing One Hundred Pounds.t 
 
 SEC. 355. Any Master or Mate of a Ship which by the last 
 preceding Section is made subject to compulsory Pilotage may 
 apply to the Board of Trade for a Certificate, and the Board of 
 Trade shall thereupon, on satisfactory proof of his having continu- 
 ously piloted any Ship within the limits of any Pilotage District, 
 or of any part or parts thereof for two years prior to the 
 commencement of this Act, or upon satisfactory proof by exami- 
 nation of his competency, or otherwise, as it may deem expedient, 
 cause to be granted to him, or to be indorsed on any Certificate 
 
 * See note to Section 340, ante. 
 
 f See Order in Council of 1st May 1855, post.
 
 16 THE LAW OP PILOTAGE 
 
 of competency or service obtained by him under the third Part of 
 this Act, a Certificate to the eifect that he is authorised to pilot 
 any Ship or Ships belonging to the same Owner, and of a Draught 
 of Water not greater than such Draught as may be specified in 
 the Certificate within the limits aforesaid ; and the said Certificate 
 shall remain in force for such time as the Board of Trade directs, 
 and shall enable the Master or Mate therein named to conduct 
 the Ship or Ships therein specified within the limits therein 
 described to the same extent as if the last preceding Section had 
 not been passed, but not further or otherwise ; and every such 
 Master or Mate shall, upon applying for such Certificate or for 
 any renewal thereof, pay to the Board of Trade, or as it directs, 
 such fees not exceeding the fees payable on an examination for 
 a Master's Certificate of competency under the third Part of this 
 Act as the Board of Trade directs ; and such fees shall be applied 
 in the same manner in which the fees payable on such last- 
 mentioned examination are made applicable. 
 
 Rights, Privileges, and Remuneration of Pilots (General.) 
 SEC. 356. If any Boat or Ship having a qualified Pilot on board, 
 leads any Ship which has not a qualified Pilot on board, when 
 such last-mentioned Ship cannot from particular circumstances 
 be boarded, the Pilot so leading such last-mentioned Ship shall 
 be entitled to the full Pilotage for the distance run as if he had 
 actually been on board and had charge of such Ship. 
 
 SEC. 357. No Pilot, except under circumstances of unavoidable 
 necessity, shall without his consent be taken to Sea or beyond 
 the limits for which he is licensed in any Ship whatever ; and 
 every Pilot so taken under circumstances of unavoidable neces- 
 sity or without his consent shall be entitled, over and above his 
 Pilotage, to the sum of Ten Shillings and Sixpence a day, to be 
 computed from and inclusive of the day on which such Ship 
 passes the limit to which he was engaged to pilot her, up to and 
 inclusive of the day of his being returned in the said Ship to the 
 place where he was taken on board, or up to and inclusive of 
 such day as will allow him, if discharged from the Ship, sufficient
 
 ON THE RIVER THAMES. 17 
 
 time to return thereto ; and in such last-mentioned case he shall 
 be entitled to his reasonable travelling expenses. 
 
 SEC. 358. Any qualified Pilot demanding or receiving, and also 
 any Master offering or paying to any Pilot, any other rate in 
 respect of Pilotage services, whether greater or less, than the Rate 
 for the time being demaudable by Law, shall for each offence 
 incur a Penalty not exceeding Ten Pounds.* 
 
 SEC. 359. If any Master on being requested by any qualified 
 Pilot having the charge of his Ship to declare her Draught of 
 Water, refuses to do so, or himself makes or is privy to any other 
 person making a false Declaration to such Pilot as to such Draught, 
 
 *By the 9th section of the Merchant Shipping Act, 1872, 35 & 
 36 Viet. c. 73, it was enacted that the Trinity House might, by 
 bye-law made with the sanction of Her Majesty in Council, repeal 
 or relax the provisions of the 358th section of the Merchant Shipping 
 Act, 1854, within the whole or any part of their district, so far as 
 to allow any pilot or class of pilots under their jurisdiction to demand 
 or receive, and any master to offer or pay any rate less than the 
 rate for the time being demandable by law : 
 
 The Trinity House, having deemed it expedient to relax the 
 provisions of the section, in respect of pilotage services on the River 
 Thames between London Bridge and Gravesend, submitted for the 
 sanction of Her Majesty in Council the following bye-law (that is to 
 say) : 
 
 " From and after the 1st day of January 1873, no pilot licensed by 
 the Trinity House for the River Thames between Gravesend and London 
 Bridge only, shall incur any penalty for demanding or receiving, in 
 respect of the pilotage within the limits aforesaid, of any ship exempted 
 from compulsory pilotage any rate less than the rate for the time 
 being demandable by law in respect of such ship, and no master of any 
 such ship shall incur any penalty for offering or paying, in respect of the 
 pilotage of any such ship within the limits aforesaid, any rate less than 
 the rate for the time being demandable by law in respect of such ship, 
 anything contained in the 358th section of ' The Merchant Shipping 
 Act, 1854,' to the contrary notwithstanding : " 
 
 Such bye-law was, on the 5th day of February 1873, approved by Her 
 Majesty in Council, and the above section is therefore modified so far 
 as it relates to pilotage services in the River Thames of exempted ship* 
 
 B
 
 18 THE LAW OF PILOTAGE 
 
 he shall incur a Penalty for every such offence not exceeding 
 double the amount of Pilotage which would have been payable 
 to the Pilot making such request ; and if any Master or other 
 person interested in a Ship makes or is privy to any other person 
 making any fraudulent alteration in the marks on the Stern or 
 Stem Post of such Ship denoting her Draught of Water, the 
 Offender shall incur a penalty not exceeding Five hundred Pounds. 
 
 SEC. 360. A qualified Pilot may , supersede an unqualified 
 Pilot, but it shall be lawful for the Master to pay to such unquali- 
 fied Pilot a proportionate sum for his services, and to deduct the 
 same from the charge of the qualified Pilot ; and in case of 
 dispute the Pilotage Authority by whom the qualified Pilot is 
 licensed shall determine the proportionate sums to which each 
 party is entitled. 
 
 SEC. 361. An unqualified Pilot assuming or continuing in the 
 charge of any Ship after a qualified Pilot has offered to take 
 charge of her, or using a Licence which he is not entitled to use 
 for the purpose of making himself appear to be a qualified Pilot, 
 shall for each offence incur a Penalty not exceeding Fifty Pounds. 
 
 SEC. 362. An unqualified Pilot may, within any Pilotage 
 District, without subjecting himself or his employer to any 
 Penalty, take charge of a Ship as Pilot under the following 
 circumstances ; that is to say, 
 
 When no qualified Pilot has offered to take charge of such 
 Ship, or made a signal for that purpose ; or 
 
 When a Ship is in distress or under circumstances making it- 
 necessary for the Master to avail himself of the best assistance 
 which can be found at the time ; or 
 
 For the purpose of changing the Moorings of any Ship in Port, 
 or of taking her into or out of any Dock, in cases where such 
 Act can be done by an unqualified Pilot without infringing 
 the Regulations of the Port or any Orders which the Harbour 
 Master is legally empowered to give. 
 
 SEC. 363. The following persons shall be liable to pay 
 Pilotage Dues for any Ship for which the services of a qualified 
 Pilot are obtained ; (that is to say,) the Owner or Master, or such
 
 ON THE RIVER THAMES. 19 
 
 Consignees or Agents thereof as have paid or made themselves 
 liable to pay any other charge on account of such Ship in the 
 port of her arrival or discharge, as to Pilotage inwards, and in. 
 the port from which she clears out as to Pilotage outwards ; and 
 in default of payment such Pilotage Dues may be recovered in 
 the same manner as Penalties of the like amount may be 
 recovered by virtue of this Act ; * but such recovery shall not 
 take place until a previous demand thereof has been made in 
 Writing, and the Dues so demanded have remained unpaid for 
 seven days after the time of suoh demand being made. 
 
 SEC. 364. Every Consignee and Agent (not being the Owner or 
 Master) hereby made liable for the payment of Pilotage Dues in 
 respect of any Ship may, out of any monies in his hands received 
 on account of such Ship or belonging to the Owner thereof, retain 
 the amount of all Dues so paid by him, together with any reason- 
 able expenses he may have- incurred by reason of such payment 
 or liability. 
 
 Offences of Pilots (General). 
 
 SEC. 365. If any qualified Pilot commits any of the following 
 Offences, (that is to say,) 
 
 (1.) Keeps himself, or is interested in keeping by any agent, 
 servant, or other person, any Public House or place of Public 
 Entertainment, or sells or is interested in selling any Wine, 
 Spirituous Liquors, Tobacco, or Tea ; 
 
 (2.) Commits any fraud or other Offence against the 
 Revenues of Customs or Excise or the Laws relating 
 thereto ; 
 
 (3.) Is in any way directly or indirectly concerned in any 
 corrupt practices relating to Ships, their tackle, furniture, 
 cargoes, crews, or passengers, or to persons in distress at 
 sea or by shipwreck, or to their monies, goods, or 
 chattels ; 
 
 * Penalties are recoverable by distress in default of payment under 
 order of Justices. Section 523, Part X. 17 & 18 Viet. c. 104.
 
 20 THE LAW OF PILOTAGE 
 
 (4.) Lends his Licence ; 
 (5.) Acts as Pilot whilst suspended ; 
 (6.) Acts as Pilot when in a state of intoxication ; 
 (7.) Employs or causes to be employed on board any Ship of 
 which he has the charge, any boat, anchor, cable, or other 
 store, matter, or thing beyond what is necessary for the 
 service of such Ship, with the intent to enhance the expenses 
 of Pilotage for his own gain or for the gain of any other 
 person ; 
 
 (8.) Refuses or wilfully delays, when not prevented by illness 
 or other reasonable cause, to take charge of any Ship within 
 the limits of his Licence upon the signal for a Pilot being 
 made by such Ship, or upon being required to do so by the 
 Master, Owner, Agent, or Consignee thereof, or by any Officer 
 of the Pilotage Authority by whom such Pilot is licensed, or 
 by any principal Officer of Customs ; 
 (9.) Unnecessarily cuts or slips or causes to be cut or slipped 
 
 any cable belonging to any Ship ; 
 
 (10.) Refuses, on the request of the Master, to conduct the 
 Ship of which he has the charge into any Port or Place into 
 which he is qualified to conduct the same, except on reason- 
 able ground of danger to the Ship ; 
 
 (11.) Quits the Ship of which he has the charge, without the 
 consent of the Master, before the service for which he was 
 hired has been performed ; 
 
 He shall for each such Offence, in addition to any liability for 
 damages at the suit of the person aggrieved, incur a Penalty not 
 exceeding One hundred Pounds, and be liable to suspension or 
 dismissal by the Pilotage Authority by whom he is licensed ; and 
 every person who procures, abets, or connives at the commission 
 of any such Offence shall likewise, in addition to any such 
 liability for damages as aforesaid, incur a Penalty not exceeding 
 One hundred Pounds, and, if a qualified Pilot, shall be liable to 
 suspension or dismissal by the Pilotage Authority by whom he 
 is licensed. 
 SEC. 366. If any Pilot, when in charge of any Ship, by wilful
 
 ON THE KIVER THAMES. 21 
 
 breach of duty or by neglect of duty, or by reason of drunken-' 
 ness, does any Act tending to the immediate loss, destruction, or 
 serious damage of such Ship, or tending immediately to endanger 
 the life or limb of any person on board such Ship ; or if any 
 Pilot, by wilful breach of duty, or by neglect of duty, or by 
 reason of drunkenness, refuses or omits to do any lawful act 
 proper and requisite to be done by him for preserving such Ship 
 from loss, destruction, or serious damage, or for preserving any 
 person belonging to or on board of such Ship from danger to 
 life or limb ; the Pilot so offending shall for each such offence 
 be deemed guilty of a Misdemeanor, and, if a qualified Pilot, also 
 be liable to suspension and dismissal by the Authority by which 
 he is licensed. 
 
 SEC. 367. If any person, by wilful misrepresentation of circum- 
 stances upon which the safety of a Ship may depend, obtains or 
 endeavours to obtain the charge of such Ship, such person, and 
 every other person procuring, abetting, or conniving at the 
 commission of such Offence, shall, in addition to any liability 
 for damages at the suit of the party aggrieved, incur a Penalty 
 not exceeding One hundred Pounds, and if the Offender is a 
 qualified Pilot, he shall also be liable to suspension or dismissal 
 by the Pilotage Authority by which he is licensed. 
 
 General Power of Trinity House. 
 
 SEC. 368. The Trinity House may, in exercise of the general 
 power herein-before given to all Pilotage Authorities of doing 
 certain things in relation to Pilotage matters, alter such of the 
 provisions herein-after contained as are expressed to be subject to 
 alteration by them in the same manner and to the same extent 
 as they might have altered the same if such provisions had been 
 contained in any previous Act of Parliament instead of in this 
 Act. 
 
 Sub-Commissioners and Pilots (Trinity House.} 
 
 SEC. 369. Gives power to the Trinity House to appoint Sub- 
 Commissioners.
 
 22 THE IAW OF PILOTAGE 
 
 SEC. 370. The Trinity House shall continue, after due Examina- 
 tion by themselves or their Sub-Commissioners, to appoint and 
 license under their Common Seal Pilots for the purpose of conduct- 
 ing Ships within the limits following or any portion of such 
 limits ; (that is to say,) 
 
 (1.) "The London District," comprising the Waters of the 
 Thames and Jfedway as high as London Bridge and Rochester 
 Bridge respectively, and also the Seas and Channels leading 
 thereto or therefrom as far as Orfordness to the North and 
 Dungeness to the South. ; so nevertheless, that no Pilot shall 
 be hereafter licensed to conduct Ships both above and below 
 Gravesend : 
 
 (2.) " The English Channel District," comprising the Seas be- 
 tween Dungeness and the Isle of Wight : 
 
 (3.) " The Trinity House Outport Districts," comprising any 
 Pilotage District for the appointment of Pilots within which 
 no particular provision is made by any Act of Parliament or 
 Charter. 
 
 SEC. 371. Subject to any alteration to be made by the Trinity 
 House, the names of all Pilots licensed by the Trinity House shall 
 be published in manner following ; (that is to say,) 
 
 (1.) The Trinity House shall at their House in London fix up a 
 notice specifying the name and usual place of abode of 
 every Pilot so licensed, and the limits within which he is 
 licensed to act : 
 
 (2.) The Trinity House shall transmit a copy of such notice to 
 the Commissioners of Customs in London, and to the principal 
 Officers of Customs resident at all Ports within the limits for 
 which such Pilot is licensed ; and such notice shall be posted 
 up by the Commissioners at the Custom House in London, 
 and by such Officers at the Custom Houses of the Ports at 
 which they are respectively resident 
 
 SEC. 372. Subject to any alteration to be made by the Trinity 
 House, every Trinity House Pilot on his appointment shall execute 
 a Bond for One hundred Pounds conditioned for the due observ- 
 ance on his part of the Regulations and Bye-laws of the Trinity
 
 ON THE RIVER THAMES. 23 
 
 House, such Bond to be free from Stamp duty, and from any 
 other charge except the actual expense for preparing the same.* 
 
 * The form of Bond at present taken from Pilots on a licence being 
 granted to them is as follows : 
 
 Know all Men by these Presents, 
 
 That I, of , 
 
 Mariner, am held and firmly bound to 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 Corpora- 
 tion of Trinity House, of Deptford Strond, their Successors and 
 Assigns, in the full sum of One Hundred Pounds of lawful money of 
 Great Britain, to be well and truly paid to the said Master, Wardens, 
 and Assistants, their Successors or Assigns, upon demand, and for the 
 due and punctual payment whereof I bind myself, my Heirs, Executors, 
 and Administrators, and every of them, firmly by these presents. 
 Sealed with my Seal. 
 
 Dated this day of 
 
 in the year of our Lord 18 
 
 WHEREAS the above bounden 
 
 hath applied to the said Corporation of Trinity House, of Deptford 
 Strond, for a Licence to act as a Pilot, under, and by virtue of, an Act 
 of Parliament, intituled, " The Merchant Shipping Act, 1S54," and the 
 said after due examination, 
 
 having been found a fit and competent person, duly skilled in that 
 behalf, and being thereupon about to receive a licence from the said 
 Corporation to act as a Pilot, hath agreed to execute the above-written 
 Bond or Obligation in conformity with the directions of the said Act. 
 Now the condition of the above-written Bond or Obligation is such, that 
 if the above bounden 
 
 do and shall from time to time, and at all times hereafter, well and 
 truly in all things yield true obedience to all and every the Bye-laws, 
 Rules, Orders, Regulations, and Ordinances of the said Corporation of 
 Trinity House, of Deptford Strond, made in pursuance of any Act or 
 Acts of Parliament heretofore passed, or which shall be made pursuant 
 to the said Act herein before mentioned. Then the above-written 
 Bond or Obligation shall be void, but otherwise the same shall be and 
 remain in full force and virtue.
 
 24 THE LAW OF PILOTAGE 
 
 SEC. 373. No qualified Pilot who has executed such Bond as is 
 herein-before mentioned shall be liable for neglect or want of 
 skill beyond its Penalty and the amount of Pilotage payable to 
 him in respect of the Voyage on which he is engaged.* 
 
 SEC. 374. Subject to any alteration to be made by the Trinity 
 House, no Licence granted by them shall continue in force beyond 
 the Thirty-first day of January next ensuing the date of such 
 Licence, but the same may, upon the application of the Pilot 
 holding such Licence, be renewed on such Thirty-first day of 
 January in every year, or any subsequent day, by indorsement 
 under the hand of the Secretary of the Trinity House, or such 
 other person as may be appointed by them for that purpose. 
 
 SEC. 375. The Trinity House shall have power to revoke or 
 sxispend the Licence of any Pilot appointed by them, in sucli 
 manner and at such time as they think fit. 
 
 Compulsory Pilotage (Trinity House.) 
 
 SEC. 376. Subject to any alteration to be made by the Trinity 
 House, and to the Exemptions herein-after contained, the Pilotage 
 Districts of the Trinity House within which the employment of 
 
 * It has been argued that the Bond so given by the Pilot is taken by 
 the licensing body for the enforcement of the regulations and bye-laws, 
 and not as a bar to claim for damages by third persons against pilots. 
 The Courts, however, pursuant to the above section, have decided that 
 pilots are liable only to the extent of their bond, and the amount of 
 pilotage payable to them in respect of the voyage on which they are 
 engaged. 
 
 The Court of Admiralty has also decided that it has no jurisdiction 
 generally or under the provisions of the Admiralty Court Act, 1861 
 (24 Viet. c. 10, sec. 7), to enforce a claim against a Pilot for damage by 
 collision caused by him while employed as a Pilot. Nor has it juris- 
 diction to pronounce the Bond, given by the Pilot, forfeited, to make 
 good a damage caused by the negligence of such Pilot the Bond 
 being given to the Trinity House as security to them only. The 
 Urania, 5 L. T. (N. S.), p. 402. 10 Weekly Rep., p. 97. The remedy 
 is by proceedings against the Pilot at Common Law, Lawson and 
 another.?. Dumlin, 14 L. T., p. 350.
 
 ON THE RIVER THAMES. 25 
 
 Pilots is compulsory are the London District, ami the Trinity 
 House Outport Districts, as herein-before defined ; and the Master 
 of every Ship navigating within any part of such District or 
 Districts, who, after a qualified Pilot has offered to take charge of 
 such Ship, or has made a signal for that purpose, either himself 
 pilots such Ship without possessing a Certificate enabling him so 
 to do, or employs or continues to employ an unqualified person to 
 pilot her, shall for every such Offence, in addition to the Penalty 
 herein-before specified, if the Trinity House certify in writing 
 under their Common Seal that the Prosecutor is to be at liberty 
 to proceed for the recovery of such additional Penalty, incur au 
 additional penalty not exceeding Five Pounds for every Fifty 
 Tons burden of such Ship. 
 
 SECS. 377 and 378. Regulate the supply of Pilots at Dungeness. 
 SEC. 379. The following Ships, when not carrying Passengers, 
 shall be exempted from compulsory Pilotage in the London Dis- 
 trict, and in the Trinity House Outport Districts ; (that is to say,) 
 (1.) Ships employed in the Coasting Trade of the United 
 
 Kingdom : 
 
 (2.) Ships of not more than Sixty Tons Burden : 
 (3.) Ships trading to Boulogne or to any Place in Europe North 
 
 of Boulogne : 
 
 (4.) Ships from. Guernsey, Jersey, Alderney, Sark, or Man, 
 which are wholly laden with Stone being the produce of 
 those Islands : 
 (5.) Ships navigating within the limits of the Port to which 
 
 they belong : 
 
 (6.) Ships passing through the limits of any Pilotage District 
 on their Voyages between two places both situate out of 
 such limits, and not being bound to any place within such 
 limits nor anchoring therein.* 
 
 * See orders in Council of 16th July 1857, and 21st December 1871, 
 post. 
 
 This Section has been the subject of discussion in several cases, 
 first, as to what Ships are included in Sub-Section 1 under the defini- 
 tion of Ships employed in the Coasting Trade of the United Kingdom ;
 
 2() THE LAW OF PILOTAGE 
 
 Rates of Pilotage (Trinity House). 
 
 SEC. 380. Subject to any alteration to be made by the Trinity 
 House, there shall continue to be paid to all Trinity House Pilots, 
 in respect of their Pilotage Services, such dues as are immediately 
 before the time when this Act comes into operation payable to 
 them in respect of such services. 
 
 SEC. 381. Subject to any alteration to be made by the Trinity 
 House, and notwithstanding anything herein-before contained, 
 there shall he paid in respect of all Foreign Ships trading to and 
 from the Port of London, and not exempted from Pilotage, the 
 following Pilotage dues ; that is to say, as to Ships inwards, the 
 full amount of dues for the distance piloted, and as to Ships 
 outwards, the full amount of dues for the distance required by 
 Law : and payment of such Pilotage dues shall be made to the 
 Collector of Customs in the Port of London by some one or more 
 of the following persons, that is to say, the Master or other person 
 having the charge of such Ship, or the Consignees or Agents 
 thereof who have paid or made themselves liable to pay any other 
 charge for such Ship in the said Port of London ; and such Pilot- 
 age may be recovered in the same manner as other Pilotage 
 dues are herein-before declared to be recoverable. 
 
 and it has been held that a Foreign-going Vessel, casually employed 
 in taking a cargo from Liverpool to London, is not a Ship " employed 
 in the Coasting Trade of the United Kingdom," within the meaning of 
 the Section and order, and therefore while so employed, is compellable 
 to take a pilot. The Lloyds, otherwise Sea Queen, Browning and 
 Lushington, p. 359, and the Agricola making a similar voyage in 
 Ballast, 2 W. Rob. p. 10. 
 
 And again as to Sub-Section 3, in the case of the Wesley, 
 Lush., p. 268, where the Court of Admiralty held that the Sec- 
 tion and order must be interpreted to cover inward as well as out- 
 ward Voyages, and that a Vessel not carrying passengers on a Voyage 
 from Cronstadt to London is exempted from compulsory pilotage in the 
 River Thames. In the case of the Hanna 1 Law Reports (Admiralty 
 cases) p. 283, the exemption was held to apply to Norwegian and Swedish 
 Ships when not carrying passengers.
 
 ON THE RIVER THAMES. 27 
 
 SEC. 382. Subject to any alteration to be made by the Trinity 
 House, the said Collector of Customs shall, on receiving any 
 Pilotage dues in respect of Foreign Ships, give to the person 
 paying the same a receipt in writing ; and no Officer of Customs 
 in the port of London shall grant a Clearance or Transire for any 
 such Foreign Ship as aforesaid without the production of such 
 receipt ; and if any such Ship attempts to go to Sea without such 
 Clearance or Transire, any such Officer may detain her until the 
 said receipt is produced. 
 
 SEC. 383. Subject to any alteration to be made by the Trinity 
 
 House, the said Collector shall pay over to the Trinity House the 
 
 Pilotage dues received by him in respect of any Foreign Ship ; 
 
 and the Trinity House shall apply the same in manner following : 
 
 In the first place, in paying to any Pilot who may bring 
 
 sufficient proof of his having had the charge of such Ship 
 
 such dues as would have been payable to him for such 
 
 Pilotage Service if the Ship had been a British Ship, after 
 
 deducting therefrom the Poundage due to the Trinity 
 
 House : 
 
 In the second place, in paying to any unlicensed person who 
 may bring sufficient proof of his having, in the absence of 
 a licensed Pilot, had the charge of such Ship, such amount 
 as the Trinity House may think proper, not exceeding the 
 amount which would under similar circumstances have 
 been payable to a licensed Pilot, after deducting Pound- 
 age : 
 
 And, lastly, shall pay over to the Trinity House Pilots Fund 
 the residue, together with all Poundage deducted as afore- 
 said. 
 
 SEC. 384. Whenever any difference arises between the Master 
 and the qualified Pilot of any Ship trading to or from the Port of 
 London as to her Draught of Water, the Trinity House shall upon 
 application by either party, made, in case of a Ship inward- 
 bound, within Twelve hours after her arrival or at some time 
 before she begins to discharge her Cargo, and in the case of a 
 Ship outward-bound before she quits her moorings, appoint some
 
 28 THE LAW OF PILOTAGE 
 
 proper Officer who shall measure the Ship, and settle the difference 
 accordingly : And there shall be paid to the Officer measuring 
 such Ship, by the party against whom he decides, the following 
 sums ; (that is to say,) One Guinea if the Ship be below, and 
 Half a Guinea if the Ship be above the Entrance of the London 
 Docks at Wappiny. 
 
 Pilot Fund (Trinity House). 
 
 SEC. 385. Subject to any alteration to be made by the Trinity 
 House, there shall continue to be paid to them, and carried over 
 to the Trinity House Pilot Fund, the sums of money following ; 
 (that is to say,) 
 
 (1.) A Poundage of Sixpence in the Pound upon the Pilotage 
 
 earnings of all Pilots licensed by the Trinity House: 
 (2.) A sum of Three Pounds Three Shillings to be paid on the 
 First Day of January in every year by every Person licensed 
 by the Trinity House to act as Pilot in any District not under 
 the superintendence of Sub-Commissioners, or in any part 
 of such District : 
 
 And any qualified Pilot giving a false account of his earnings, 
 or making default in payment of any sum due from him under 
 this Section, shall forfeit double the amount payable, and shall 
 further be liable, at the discretion of the Trinity House, to sus- 
 pension or dismissal. 
 
 SEC. 386. Regulates the application of the Fund. 
 SEC, 387. Empowers the Trinity Houses of Hull and New- 
 castle to appoint sub-commissioners. 
 
 Saving of Owners and Masters Rights. 
 
 SEC. 388. No Owner or Master of any Ship shall be answerable 
 to any person whatever for any loss or damage occasioned by 
 the fault or incapacity of any qualified Pilot acting in charge of 
 such Ship, within any District where the employment of such 
 Pilot is compulsory by Law. 
 
 Contemporaneous with the passing into Law of the
 
 ON THE RIVER THAMES. 29 
 
 Merchant Shipping Act, 1854, an order in Council 
 was made by Her Majesty bearing date the 1st May 
 1855, licensing certain Freemen of the Waterman's 
 Company who had been in the habit of piloting Steam 
 Passenger Ships up and down the Eiver Thames be- 
 tween London Bridge and Graveseud. This order 
 was as follows : 
 
 Whereas by the 333rd section of the " Merchant Shipping Act, 
 1854," it is enacted that, subject to the provisions contained in 
 the fifth part of the Act, it shall be lawful for every Pilotage 
 Authority by bye-law, made with the consent of Her Majesty in 
 Council, amongst other things " to determine the qualifications to 
 be required from persons applying to be licensed as Pilots," and 
 " to fix the terms and conditions of granting Licences to Pilots." 
 
 And whereas it is expedient to make regulations to determine 
 the qualifications to be required from persons so applying to be 
 licensed, and to fix the terms and conditions of granting such 
 Licences. 
 
 " And whereas, by the 354th section of the said recited Act, it 
 is enacted that the Master of every Ship carrying Passengers 
 between any place situate in the United Kingdom, or the Islands 
 of Guernsey, Jersey, Sark, Alderney, and Man, and any other 
 place so situate, when navigating upon any waters situate within 
 the limits of any district for which Pilots are licensed by any 
 Pilotage Authority, under the provisions of the said Act, or of 
 any other Act, or upon any part thereof so situate, shall, unless he 
 or his Mate has a Pilotage Certificate enabling such Master or 
 Mate to pilot the said Ship within such district granted under 
 the provisions of the said Act, or employ a qualified Pilot to pilot 
 his Ship, and that if he fails to do so he shall for every offence 
 incur a penalty not exceeding One Hundred Pounds." 
 
 And whereas it has been made to appear to the Corporation of 
 the Trinity House of Deptford Strond, being the Pilotage 
 Authority for the Port of London, and the Seas and Channels
 
 30 THE LAW OF PILOTAGE 
 
 leading thereto, according to the meaning of the said recited Act, 
 that certain persons, Freemen of London and of the "Waterman's 
 Company, have for a long period of time been employed in 
 piloting Steam Passenger Ships up and down the River Thames, 
 between London Bridge and Gravesend, without being duly 
 licensed as Pilots by the said Pilotage Authority. 
 
 And whereas it has been resolved by the said Corporation of 
 the Trinity House, that such a number of the said persons, being 
 Freemen of the said Waterman's Company, as the Corporation 
 shall from, time to time see fit, shall be licensed as Pilots by the 
 Corporation for the purpose of piloting " Home Trade " Steam. 
 Passenger Ships up and down the River Thames between London 
 Bridge and Gravesend. 
 
 And whereas it has been deemed expedient that the qualification 
 to be required from such last-named persons, and the terms and 
 conditions of granting Licences to them should differ and be 
 distinct from the qualification, terms, and conditions which apply 
 to the appointing and licensing of Pilots for the general service 
 within the said London District, and it is intended to designate 
 such persons to be so licensed as " Watermen Pilots for Home 
 Trade Steam Passenger Ships." 
 
 And whereas the said Corporation have submitted, for the 
 consent of Her Majesty in Council, certain regulations (hereunto 
 annexed), for the licensing of persons as Pilots ; and whereas the 
 said regulations appear to be proper and reasonable. 
 
 Now, therefore, Her Majesty, by virtue of the power vested in 
 her by the said recited Act, and by and with the advice of Her 
 Privy Council, is pleased to approve and doth hereby approve of 
 the said regulations so submitted as aforesaid. 
 
 REGULATIONS. 
 
 First. All persons applying for Licenses as Pilots in the Lon- 
 don District (except Freemen of the said Waterman's Company 
 applying to be licensed for Home Trade Steam Passenger Ships), 
 shall produce such certificates as shall be deemed satisfactory by
 
 ON THE RIVER THAMES. 31 
 
 the Trinity House, previously to examination, as in the said Act 
 provided, on the following points ; viz. : 
 
 1st. Their qualification by previous service, under the rule 
 herein-after provided. 
 
 2nd. Their previous good conduct and habits of sobriety. 
 
 3rd. Their age ; and 
 
 4th. That they are in good health, and not afflicted with any 
 bodily complaint or infirmity rendering them unfit properly 
 to perform the duties of a Pilot, which last Certificate 
 shall be under the hand of a duly authorised Medical Practi- 
 tioner. 
 
 Second. No person shall be licensed as a Pilot for the London 
 District (except Freemen of the said Waterman's Company), who 
 shall have passed the age of 35 years, nor in the Trinity House 
 Outport Districts, who shall have passed the like age, except 
 under such especial circumstances as shall appear to the Trinity 
 House to afford sufficient grounds for his appointment after that 
 age. 
 
 Third. No person shall be licensed as a Pilot for the London 
 District (except Freemen of the said Waterman's Company), who 
 shall not have served as Mate for three years on board of, or 
 shall not have been for one year in actual Command of, a Square- 
 rigged Vessel of not less than 80 Tons Register Tonnage for the 
 North Channel upwards ; and not less than 150 Tons Register 
 Tonnage for the North Channel downwards, or for any of the 
 South Channels, or who shall not have been employed in the 
 Pilotage or Buoyage service of the said Trinity House for seven 
 years, and have served, in addition thereto, for two years in a 
 Square-rigged Vessel, or who shall not have served an apprentice- 
 ship of five years to some licensed Pilot Vessel, and shall also 
 have served for two years in a Square-rigged Vessel. 
 
 Fourth. No person licensed as a Pilot for the London District 
 (except Freemen of the said Waterman's Company, to be licensed 
 as herein-after provided), shall take charge as such of any ship 
 drawing more than Fourteen feet water, in the River Thames or 
 Medway, or any of the Channels leading thereto or therefrom,
 
 32 THE LAW OF PILOTAGE 
 
 
 
 until such person shall have acted as a licensed Pilot for three 
 years, and shall have been after such three years, on re-examina- 
 tion, approved of in that behalf by the said Trinity House, on 
 pain of forfeiting Ten Pounds (,10) for every such Offence, unless 
 there shall be no qualified Pilot to be obtained, who has passed the 
 said examination for ships drawing more than Fourteen feet water. 
 
 Fifth. Every Pilot who, by the 385th section of the said 
 " Merchant Shipping Act, 1854," is required to pay a sum of Three 
 Pounds Three Shillings (,3, 3s.) to the Pilots' Fund, on the 1st of 
 January in every year, shall, on receiving a Licence, pay a like 
 sum of Three Pounds Three Shillings (3, 3s.), and for every 
 extension of such Licence a farther sum of One Pound One 
 Shilling (1, Is.) to the said Fund. 
 
 Sixth. Every Pilot who shall of his own accord relinquish his 
 employment as such, or who shall be dismissed from the Service, 
 shall not be entitled to a return of any sum or sums paid by him 
 to the said Pilots' Fund, and shall forfeit all claim to any allow- 
 ance therefrom. 
 
 Seventh. Any person, being a Freeman of the said Waterman's 
 Company, who shall be able to prove to the satisfaction of the 
 Trinity House, that he has piloted Steam Passenger Ships on the 
 River Thame?, between London Bridge and Gravesend, for a 
 period of two years, or who shall have obtained his Freedom of 
 the said Company, by servitude as Apprentice to any such 
 Freeman employed in so piloting such Steam Passenger Ships, 
 shall be deemed qualified, after examination as in the said Act 
 provided, to be licensed as a Pilot for the navigation up and 
 down the River Thames, between London Bridge and Gravesend, 
 subject to the following terms and conditions ; viz. : 
 
 1st. That such Licence shall authorise him to act as Pilot 
 only on board Steam Passenger Ships, being " Home trade 
 Ships," and no others ; all pilots so licensed being intended 
 to be designated " Watermen Pilots for Home Trade Steam 
 Passenger Ships." 
 
 2nd. That such Licence shall not authorise him to supersede, in 
 the charge of any Steam Passenger Ship, any other Pilot
 
 ON THE RIVER THAMES. 33 
 
 duly licensed by the Trinity House, for the said navigation 
 between London Bridge and Gravesend. 
 
 3rd. That he shall be subject to all Bye-laws, Rules, Orders, 
 and Regulations made or hereafter to be made by the Trinity 
 House, for the government of Pilots generally ; and to all 
 penalties thereby imposed and provided, unless specially 
 exempted therefrom. 
 
 4th. That he shall pay the like sums of money as are payable 
 by Pilots licensed for the London District, on their appoint- 
 ment, and on the annual renewal of their Licences ; but 
 shall not be required to pay to the Pilots' Fund the poundage 
 of sixpence in the pound upon the pilotage earnings of Pilots 
 licensed by the Trinity House, as provided by the 385th 
 section of the said Act ; nor shall he, nor his Widow, nor 
 Children be entitled to any benefit from, the said Pilots' 
 Fund. 
 
 The next alteration in the Law by further extend- 
 ing the exemptions given by the 379th section of 
 The Merchant Shipping Act, 1854, was made by an 
 Order in Council, dated the 16th July 1857. This 
 order, according to Dr Lushiugton, is inoperative, and 
 imposes no new pilotage obligation, and adds no new 
 exemption from compulsory pilotage, see p. 38. It is, 
 however, here set out to render the subject complete. 
 The order was as follows : 
 
 Whereas by the 379th section of "The Merchant Shipping 
 Act, 1854," it is enacted that the. following ships, when not carry- 
 ing passengers, shall be exempted from compulsory pilotage in the 
 London District, and in the Trinity House Outport Districts (that 
 is to say) : 
 
 " 1. Ships employed in the coasting trade of the United King- 
 dom. 
 
 C
 
 34 THE LAW OF PILOTAGE 
 
 " 2. Ships of not more than 60 tons burthen. 
 
 " 3. Ships trading to Boulogne, or to any place in Europe north 
 
 of Boulogne. 
 
 " 4. Ships from Guernsey, Jersey, Alderney, Sark, or Man, 
 which are wholly laden with stone, being the produce of those 
 islands. 
 " 5. Ships navigating within the limits of the port to which 
 
 they belong. 
 
 " 6. Ships passing through the limits of any pilotage district, ' 
 on their voyages between two places both situate out of such 
 limits, and not being bound to any place within such limits, 
 nor anchoring therein." 
 
 And whereas it is expedient that such ships as aforesaid, shall 
 be exempted from compulsory pilotage as well when carrying 
 passengers, as when not carrying passengers ; and, by the 332nd 
 section of the said Act, it is enacted that every pilotage authority 
 shall have power by bye-law, made with the consent of Her 
 Majesty in Council, to exempt the Masters of any ships, or of any 
 classes of ships, from being compelled to employ qualified pilots ; 
 and to annex any terms and conditions to such exemptions ; and 
 to revise and extend any exemptions now existing by virtue of the 
 said Act upon such terms and conditions, and in such manner, as 
 may appear desirable to such authority. 
 
 And whereas the Trinity House, as a pilotage authority under 
 the said Act, has submitted for the consent of Her Majesty in 
 Council the following bye-law ; viz. : 
 
 "That all ships mentioned in the 379th Section of 'The 
 Merchant Shipping Act, 1854,' shall be exempted from 
 compulsory pilotage in the London District, and in the 
 Trinity House Outport Districts, as well when carrying 
 passengers as when not carrying passengers, provided, as 
 regards any such ship when carrying passengers, the Master 
 or his Mate have a pilotage certificate in force for the time 
 being, enabling such Master or Mate to pilot such ship within 
 such district or districts, granted under the provisions either 
 of the 340th or of the*355th Section of the said Act,"
 
 ON THE RIVER THAMES. 35 
 
 And whereas it has been made to appear to Her Majesty that 
 the said bye-law is proper and reasonable : 
 
 Now, therefore, Her Majesty, by virtue of the power vested in 
 her by the said recited Act, and by and with the advice of Her 
 Privy Council, is pleased to approve, and doth hereby approve and 
 signify Her consent to, the said bye-law, as a bye-law of the 
 Corporation of the Trinity House of Deptford Strond. 
 
 . With the exception of the two Orders in Council, 
 above set forth, no alteration was made bearing upon 
 the pilotage law until the llth November 1857, when 
 a special case was stated for the opinion of the Court 
 of Queen's Bench, and judgment given thereon by the 
 judges constituting the Court: namely, Lord Camp- 
 bell, L.C.J., and Justices Coleridge and Wightman. 
 This case is known as Reg. v. Stanton or the 
 Berwick, and is reported in 8 Ellis and Bl. p. 445; 
 and had the effect of reviving the exemptions in the 
 repealed Act of 6 G-eo. IV. c. 125, and thereby largely 
 extending the Merchant Shipping Act, 1854. This 
 judgment as quoted in the authorised report is as 
 follows : 
 
 Reg. v. Stanton. This was a special case stated 
 for the opinion of the Court of Queen's Bench, as to 
 the validity of a judgment or conviction under the 
 Merchant Shipping Act, 1854, sections 353, 376, on 
 the summons of Frederick Banks, the respondent, 
 against Thomas Stanton, the appellant, by and before 
 two Justices of the Borough of Gravesend. 
 
 The facts of the case were, that on the 28th June
 
 36 THE LAW OF PILOTAGE 
 
 1857, in the River Thames, and within the jurisdic- 
 tion of the said Justices, the appellant, Thomas 
 Stanton, assumed and continued in the charge, and 
 acted as pilot of the steam ship Berwick, then 
 navigating within the London Pilotage District, 
 when the said ship was carrying passengers, after 
 the respondent, being a duly qualified pilot, had 
 offered to take charge of the ship ; the appellant not 
 being a duly qualified pilot ; neither he nor his mate 
 having a certificate from any pilotage authority 
 enabling them to pilot the ship. The Justices 
 convicted the appellant. 
 
 The ship Berwick was British registered, and a 
 regular trader to the Baltic, and on the 28th June 
 1857, was navigating on the River Thames within 
 the London District of the Trinity House (in which 
 the employment of pilots was then compulsory), 
 proceeding with passengers on her outward voyage 
 to Copenhagen and St Petersburg, in the Baltic Sea, 
 both being places in Europe north of Boulogne. 
 
 The question for the opinion of the Court was, 
 Whether the Berwick, at the time the respondent 
 offered his services, being then a trader carrying 
 passengers and on her outward voyage thereto, was 
 or was not exempt from compulsory pilotage, within 
 the provisions of Stat. 52 Geo. III. c. 39, s. 2, or of 
 Stat. 6 Geo. IV. c. 125, s. 59, and of the Merchant 
 Shipping Act, 1854.
 
 ON THE RIVER THAMES. 37 
 
 The Court held that the exemption from the neces- 
 sity of employing licensed pilots, given by the Stat. 
 6 Geo. IV. c. 125, s. 59, to masters piloting their 
 own ships on the voyages there specified, without 
 the aid of an unlicensed pilot, is continued by the 
 Merchant Shipping Act, 1854, Sect. 353 ; and this 
 exemption applied as well to ships carrying as to 
 ships not carrying passengers, and was not affected 
 by the exemption given in Sect. 379 of the same Act 
 to ships on particular voyages not carrying pas- 
 sengers. 
 
 The decision in the above case was, on the 31st 
 January 1860, very gravely discussed in the case of 
 the Temora, reported in Lushington's Reports, p. 
 17, in which it was attempted to bring within the 
 exemptions under the 6 Geo. IV. c. 125, s. 59, an 
 Irish Trader carrying passengers, and bound from 
 Waterford to London. 
 
 The Judge of the Admiralty Court (Dr Lushing- 
 ton), however, held that the 354th Section of the 
 Merchant Shipping Act, making pilotage compulsory 
 upon certain vessels, is not to be restricted by the 
 provisions of the 353rd Section, that all existing 
 exemptions from compulsory pilotage should con- 
 tinue in force. That the 354th Section expressly 
 imposed upon a home-trade passenger ship carrying 
 passengers the duty of taking a pilot, and such duty 
 depended upon Section 354 construed with Sections
 
 38 THE LAW OF PILOTAGE 
 
 353 and 379, and not as in the case of Reg. v. 
 Stanton, upon the two latter Sections only ; and 
 that, therefore, the Temora, although an Irish 
 Trader, as described by the 59th Section of the 
 6 Geo. IV. c. 125, was compelled to employ a 
 licensed pilot on the River Thames when carrying 
 passengers. 
 
 This case was within a year followed by another 
 important judgment of Dr Lushington, in the 
 Admiralty Court, given in a case known as the 
 Earl of Auckland, on the 18th January 1861, and 
 found reported in Lushington's Reports, p. 164. 
 
 The effect of that decision may be shortly stated 
 as follows : 
 
 The exemptions from compulsory pilotage given 
 by 6 Geo. IV. c. 125 (supplemented by Order in 
 Council of 18th February 1854), are maintained by 
 Section 353 of the Merchant Shipping Act, and 
 qualify Sections 376 and 379 of that Act. Reg. v. 
 Stanton quoted above followed. 
 
 The Order in Council of 16th July 1857 (purport- 
 ing to approve a bye-law of the Trinity House), being 
 based on a construction of the law held erroneous 
 by the Court of Queen's Bench, imposes no new 
 pilotage obligation, and adds no new exemptions 
 from compulsory pilotage. (See ante p. 33 for this 
 Order.) 
 
 A British ship trading to or from the ports
 
 ON THE RIVER THAMES. 39 
 
 between Boulogne and the Baltic, and carrying 
 passengers, is not bound to employ a licensed pilot 
 in the River Thames. 
 
 Under the 332nd Section of the Merchant Ship- 
 ping Act, a pilotage authority, with the consent of 
 Her Majesty in Council, has no authority to create 
 a new penal obligation to employ a licensed pilot, 
 but only authority to create or extend an exemp- 
 tion from compulsory pilotage, with or without con- 
 dition. 
 
 Under Section 335 the Board of Trade can issue 
 Certificates to Masters or Mates of ships described 
 in Section 354, and of such ships only. 
 
 A pilotage Certificate issued to a Master under 
 Section 355, describing the ship as the property of a 
 person who was not the owner either at the time of 
 the granting of the Certificate, or at the time of a 
 collision subsequently occurring, is invalid at the 
 time of that collision. 
 
 In the construction of a Statute, the Court of 
 Admiralty is bound to follow the decision of a Court 
 of Common Law. 
 
 The case went on appeal to the Judicial Committee 
 of the Privy Council, and was decided on 10th 
 December 1861, and is also reported in Lushington's 
 Reports, p. 387, when their Lordships approved 
 and adopted the same construction of the three 
 Sections, 353, 376, and 379 of the Merchant Shipping
 
 40 THE LAW OF PILOTAGE 
 
 Act, 1854, as the Court of Queen's Bench and the 
 Judge of the Admiralty Court, and as the question 
 in the case turned entirely upon such construction, 
 the decision of the Admiralty Court was affirmed 
 with costs. 
 
 The exemptions from compulsory pilotage given 
 by 6 Geo. IV. c. 125, and supplemented by the 
 Order in Council of 18th February 1854, being 
 maintained by Section 353 of the Merchant Shipping 
 Act, 1854, and imported as it were into that Act, it 
 will be necessary to set out such exemptions and 
 Order in Council, as forming part of the law having 
 reference to the subject under discussion. 
 
 The first Section bearing upon the exemptions is 
 Section 59, which is as follows : 
 
 Provided always, and be it further enacted, That for and not- 
 withstanding anything in this Act contained, the Master of any 
 Collier, or of any Ship or Vessel trading to Norway, or to the 
 Cattegat or Baltic, or round the North Cape, or into the White 
 Sea, on their inward or outward Voyages, or of any constant 
 trader inwards, from the ports between Boulogne inclusive and 
 the Baltic (all such Ships and Vessels having British Registers, and 
 coming up either* by the North Channel, but not otherwise), or 
 of any Irish Trader using the navigation of the Rivers Thames and 
 Medway, or of any Ship or Vessel employed in the regular Coast- 
 ing Trade of the Kingdom, or of any Ship or Vessel wholly laden 
 with Stone from Guernsey, Jersey, Alderney, Sark, or Man, and 
 being the production thereof, or of any Ship or Vessel not exceed- 
 ing the burthen of 60 tons, and having a British Register, except 
 
 * So in the roll.
 
 ON THE RIVER THAMES. 41 
 
 as herein-after provided ;* or of any other Ship or Vessel whatever, 
 whilst the same is within the limits of the port or place to which 
 she belongs, the same not being a port or place in relation to 
 which particular provision hath heretofore been made by any Act 
 or Acts of Parliament, or by any Charter or Charters for the 
 appointment of Pilots, shall and may lawfully, and without being 
 subject to any of the penalties by this Act imposed, conduct or 
 pilot his own Ship or Vessel, when and so long as he shall conduct 
 or pilot the same without the aid or assistance of any unlicensed 
 pilot or other person or persons than the ordinary crew of the Ship 
 or Vessel. 
 
 The next and only other Section to which it will 
 be necessary to refer, is Section 62, which is as 
 follows : 
 
 Provided always, and be it further enacted, That nothing in this 
 Act contained shall extend or be construed to extend to subject 
 to any penalty the Master or Mate of any Ship or Vessel ; being the 
 owner or a part-owner of such Ship or Vessel, and residing at 
 Dover, Deal, or the Isle of Thanet, for conducting or piloting 
 such, his own Ship or Vessel, from any of the places aforesaid, up 
 or down the River Thames or Medway, or into or out of any port 
 or place within the jurisdiction of the Cinque Ports. 
 
 The jurisdiction of the Cinque Ports, as before men- 
 tioned, was abolished by the 16 & 17 Viet. c. 129, 
 and vested in the Trinity House, but the Section above 
 quoted still remains law. It has, however, been de- 
 cidedf that the words " any of the places aforesaid," 
 
 * The proviso referred to was contained in s. 60, which gave power 
 to His Majesty, by Order in Council, to exempt Ships not exceeding 60 
 tons and not having a British Register from the compulsory clauses. 
 
 f Peake v. Screech, 14 L. J. (N. S.) Q. B., p. 367. Williams v. New- 
 ton, 14 M. and W., p. 747.
 
 42 THE LAW OF PILOTAGE 
 
 refer to Dover, Deal, or the Isle of Thanet, and to no 
 other places, and the exemption is therefore of no great 
 value, and would apply but in a very few instances. 
 
 The Order in Council of 18th February 1854, 
 referred to in the case of the Earl of Auckland, 
 extended the exemptions from compulsory pilotage, 
 existing under the provisions of the 59th Section of 
 the Act 6 Geo. IV. c. 125, s. 59 ; and was really 
 made to correct the misprint in such Section, and to 
 include vessels coming up by the South Channels as 
 well as the North Channels. 
 
 The Order was as follows : 
 
 The Masters of the undermentioned Ships and Vessels shall, 
 subject to the provisions contained in the 59th Section of the Act 
 of Parliament, 6 Geo. IV. c. 125, in respect of the employment 
 of unlicensed persons, be exempted from compulsory pilotage ; viz., 
 Of Ships and Vessels trading to Norway or to the Cattegat, or 
 Baltic, or round the North Cape, or into the White Sea, when 
 coming up by the South Channels. 
 
 Of Ships and Vessels t trading to ports between Boulogne, in- 
 clusive, and the Baltic, on their outward passages, and when 
 coming up by the south passages. 
 
 Of Ships and Vessels passing through the limits of any Pilotage 
 District on their Voyages from one port to another port, and not 
 being bound to any port or place within such limits nor anchoring 
 therein.* 
 
 * It was decided in the case of the Hanna, 1 Law Reports (Admiralty 
 Cases), p. 283, that this Order in Council is to be read with the 59th 
 Section of the 6 Geo. IV. c. 125, and does not apply to a foreign 
 Vessel inward bound not having a British Register.
 
 ON THE RIVER THAMES. 43 
 
 During the pendency of the appeal in the Earl 
 of Auckland case, a further Order in Council was 
 made by Her Majesty, bearing date the 25th July 
 1861, which exempted ships navigating in ballast 
 from ports within the United Kingdom, to other 
 ports within the United Kingdom, from compulsory 
 pilotage. 
 
 This Order was as follows : 
 
 Whereas in certain cases, Ships navigating in Ballast from Ports 
 or places within the United Kingdom, to other Ports or places 
 within the United Kingdom, are not exempted from compulsory 
 pilotage, 
 
 And whereas it is expedient that such Ships should have the 
 privilege of being exempt from Pilotage in the cases hereinafter 
 mentioned, 
 
 And whereas by the 332nd Section of " The Merchant Shipping 
 Act, 1854," it is enacted that every pilotage authority shall have 
 power, by bye-law made with the consent of Her Majesty in 
 Council, to exempt the Masters of any Ships, or of any classes of 
 Ships, from being compelled to employ qualified Pilots, and to 
 annex any terms and conditions to such exemptions." 
 
 And whereas the Trinity House of Deptford Strond, being a 
 Pilotage Authority, hath submitted for the consent of Her Majesty 
 in Council, the following bye-law, viz. : 
 
 That all Ships navigating in Ballast from any Port or place 
 in the United Kingdom, to any other Port or place in the United 
 Kingdom, shall, when not carrying Passengers, be exempt from 
 compulsory Pilotage within the Pilotage jurisdiction of the said 
 Trinity House. 
 
 Now, therefore, Her Majesty having taking the said bye-law 
 into consideration, is pleased, by and with the advice of Her Privy 
 Council, and by virtue of the power vested in ^Her by the said
 
 44 THE LAW OF PILOTAGE 
 
 recited Act, to declare Her consent to the same, and the said Bye- 
 Law is hereby approved accordingly. 
 
 The exemptions created by the 6 Geo. IV. c. 125, 
 were still further discussed in the case of the Stettin, 
 before Dr Lushington in the Admiralty Court on 
 the 24th June 1862, which case will be found 
 reported in the 31 Law Journal (P. D. and Ad.), p. 
 208. 
 
 The Stettin was a steam vessel belonging to the 
 port of London, on a voyage from Bordeaux to 
 London, and whilst in the River Thames came into 
 collision with a brig at anchor. The collision was 
 occasioned solely by the fault of the pilot on board 
 the steamer. 
 
 The Court held that the collision having taken 
 place when the steamer was within the limits of the 
 port to which she belonged, her owners were at such 
 time not compelled to take a pilot, and were there- 
 fore answerable for his misconduct, but the Judge 
 stated, that but for the 6 Geo. IV. c. 125, s. 59, 
 the taking of the pilot would, notwithstanding the 
 Merchant Shipping Act, 1854, s. 379, have been 
 under the circumstances compulsory upon the 
 owners. 
 
 The next, and only other important case bearing 
 upon pilotage on the River Thames, and which is 
 important insomuch as it raised the question how 
 far the port of London extended down the river,
 
 ON THE RIVER THAMES. 45 
 
 besides other points of interest, is known as The 
 General Steam Navigation Company v. The British 
 Colonial Steam Ship Company, Limited, and was 
 discussed before the Court of Exchequer of Pleas, 
 during the months of May and June 1866, and before 
 the Exchequer Chamber in February, and judgment 
 given by that Court in May 1869, and it will be 
 found reported in 3 Law Reports (Exchequer), p. 
 330, and 4 Law Reports (Exchequer), p. 238. The 
 circumstances and reasons leading to the decision 
 were as follows : 
 
 The plaintiff's ship, the Stork, was run into by the 
 defendant's ship, the Thames, between Gravesend and 
 Yantlet Creek. The defendant's ship was coming 
 up the river under the charge of a licensed pilot by 
 whose default the collision occurred. She belonged 
 to the port of London, and if the port extended to 
 Yantlet Creek she was within her port, if only to 
 Gravesend she was not. The 388th Section of the 
 Merchant Shipping Act exempts the shipowner from 
 liability for damage occasioned by default of a licensed 
 pilot within any district where the employment of such 
 pilot is compulsory by law. The London pilotage 
 district extends from Dungeness to London Bridge, 
 but no pilot can be licensed to conduct ships both 
 above and below Gravesend. The pilotage rate is a 
 rate from Dungeness to Gravesend, and not to any 
 other intermediate place.
 
 46 THE LAW OF PILOTAGE 
 
 By the 6 Geo. IV. c. 125, s. 59, a ship is 
 exempted from compulsory pilotage while within the 
 limits of the port or place to which she belongs. 
 It was found as a fact by an arbitrator, to whom it 
 was referred to state a case in an action between 
 the plaintiffs and the defendants for the damage 
 occasioned by the collision, that for pilotage purposes 
 Gravesend was the limit of the port of London. 
 
 Held by the Court of Exchequer Chamber, that 
 the action was not maintainable, first on the ground 
 that the question what the limits of the port were 
 for pilotage purposes, was a question of fact, and 
 that the finding of the arbitrator was right ; and 
 secondly on the ground that even if the ship were 
 at the time of the collision within her port, the 
 pilot having been compulsorily taken at Dungeness, 
 the relation of master and servant did not arise 
 between him and the defendants, and the defend- 
 ants were entitled to the exemption given by the 
 388th Section. 
 
 The exemptions contained in the 379th Section of 
 the Merchant Shipping Act, have been still further 
 enlarged by an Order in Council of the 21st Decem- 
 ber 1871, which is as follows : 
 
 Whereas by the 332nd Section of " The Merchant Shipping 
 Act, 1854," it is enacted that every Pilotage Authority shall have 
 power by bye-law, made with the consent of Her Majesty in 
 Council, to exempt the masters of any ships or of any classes of
 
 ON THE RIVER THAMES. 47 
 
 ships from being compelled to employ qualified pilots, and to 
 annex any terms or conditions to such exemptions, and to revise 
 and extend any exemptions now existing, by virtue of that Act, 
 or any other Act of Parliament, Law, or Charter, or by usage, upon 
 such terms and conditions, and in such manner as may appear 
 desirable to such authority : 
 
 And whereas, by the 379th Section of the said Act, it is enacted 
 that the following ships (among others) when not carrying 
 passengers, shall be exempted from compulsory pilotage in the 
 London District, and the Trinity House Outport Districts (that 
 is to say) : 
 
 " Ships trading to Boulogne, or to any place in Europe north 
 of Boulogne. 
 
 " Ships from Guernsey, Jersey, Alderney, Sark, or Man, which 
 are wholly laden with stone, being the produce of those islands." 
 
 And whereas it is expedient to extend the exemptions con- 
 tained in the last-mentioned section in manner hereinafter men- 
 tioned : 
 
 And whereas the Trinity House of Deptford Strond, being the 
 Pilotage Authority for the said districts, hath submitted for the 
 consideration of Her Majesty in Council the following Bye-law 
 (that is to say) 
 
 " That all ships trading from any port or place in Great Britain 
 within the London District, or any of the Trinity House Outport 
 Districts to the Port of Brest, in France, or any port or place in 
 Europe north and east of Brest, or to the islands of Guernsey, 
 Jersey, Alderney, Sark, or Man, or from Brest, or any port or 
 place in Europe north and east of Brest, or from the islands of 
 Guernsey, Jersey, Alderney, Sark, or Man, to any port or place 
 in Great Britain within either of the said districts, when not carry- 
 ing passengers, shall be exempted from compulsory pilotage within 
 such districts." 
 
 Now, therefore, Her Majesty having taken the said Byelaw into 
 consideration, and deeming the same to be reasonable and proper, 
 is pleased, by and with the advice of Her Privy Council, and by 
 virtue of the power vested in her by the said recited Act, to
 
 48 THE LAW OF PILOTAGE 
 
 declare her consent to the same, and the said Bye-law is hereby 
 approved accordingly. 
 
 In the course of the perusal of the foregoing the 
 reader will have found that the word " passenger " 
 is constantly used, although no proper definition is 
 given in the Merchant Shipping Act to the term; 
 but for the purposes of the Act with respect to 
 surveys and certificates of passenger steam-ships, it 
 is declared that the word " passenger " shall be held 
 to include any person carried in a steam-ship other 
 than the master and crew, and the owner, his 
 family, and servants (section 303, part IV., 17 and 
 18 Viet. c. 104). 
 
 There are two decided cases, however, which have 
 had in question who is a passenger, and it may be 
 gathered from them that the Common Law connects 
 the payment of fares with the status of passenger; that 
 therefore a person who did not pay for his passage, 
 but who messed with the master, and who assisted 
 in the work of the ship, was not a passenger. The 
 Hanna, I Law Reports (Admiralty Cases), p. 283. 
 And where the master's wife and father-in-law ac- 
 companied the ship in ballast round the coast from 
 London to Hull, and did not pay for their board, 
 but subsequently to a collision paid their passage 
 money under very suspicious circumstances, they 
 were held not to be passengers. The Lion, 2 Law 
 Reports (Admiralty Cases), p. 102.
 
 ON THE RIVER THAMES. 49 
 
 Several questions have also been before the Ad- 
 miralty Court from time to time, bearing upon the 
 general law of pilotage, and decisions have been given 
 therein which it is not within the present purpose 
 to report fully, but as the judgments recorded may 
 assist the reader in deciding against whom his right 
 of action lies, should he be in the position of a 
 sufferer, by damage occasioned by the default of a 
 ship or her pilot, a short statement of such judg- 
 ments may not be out of place, but reference must 
 be had to the Reports themselves for a full know- 
 ledge of the facts leading to the judgments. 
 
 These cases may be shortly stated as follows : 
 
 Where a collision is caused by a vessel in charge 
 of a licensed pilot, the owners, in order to exonerate 
 themselves from liability, must prove not merely 
 that the crew were under the pilot's orders at the 
 time, but that the order which caused the damage 
 was actually given by the pilot, the onus probandi 
 being on them. The Schwalbe, on appeal from the 
 Admiralty Court to the Privy Council, reported in 
 1st Volume of Maritime Law Cases, p. 42, and 
 Lushington, p. 239. See also the Carrier Dove, 
 reported in Browning and Lushington, p. 113. 
 
 A steamer going down a river, and the pilot as 
 well as those on board being remiss in keeping a 
 good look-out, the owners of the steamer held liable
 
 50 THE LAW OF PNLOTAGE 
 
 for damage to a barge. The Malvina, reported in 1st 
 Volume of Maritime Law Cases, p. 341. 
 
 Where the services of a pilot are compulsory, and 
 he has charge of a vessel, and a collision occurs 
 caused by negligence, the owner cannot escape 
 liability, unless he can establish that the negligent 
 act was exclusively that of the pilot. Hence if 
 there were no vigilant look-out kept by the crew, but 
 they relied on the pilot who did not see a barge 
 ahead till it was too late to avoid collision, this is 
 primd facie contributory negligence which renders 
 the owners liable. The lona, on appeal before the 
 Judicial Committee of the Privy Council, reported 
 in 2nd Volume of Maritime Law Cases, p. 479, and 
 1 Law Reports (Privy Council), p. 426. 
 
 In a cause of damage by collision it was pleaded 
 and proved by the defendants (who admitted that their 
 vessel was the wrong-doer) that the collision was 
 caused by the fault of their pilot whose employment 
 was compulsory. The Court condemned the plaintiff 
 in costs. The Royal Charter^ 2 Law Reports (Ad- 
 miralty Cases), p. 362. 
 
 It is the duty of a pilot in charge of a ship in tow 
 to direct the navigation of the tug. See the Energy, 
 3 Law Reports (Admiralty Cases), p. 48, and the 
 cases therein quoted and observed upon by Sir Robert 
 Phillimore. 
 
 The defendants in a collision suit by their answer
 
 ON THE RIVER THAMES. 51 
 
 denied that their vessel was to blame, and also set 
 up the defence of compulsory pilotage. The Court 
 decided that their vessel was to blame, but dis- 
 missed the suit upon the ground that the defence of 
 compulsory pilotage was established. Held that the 
 plaintiff was not entitled to any portion of the costs 
 of the suit. The Schivan, 4 Law Reports (Admiralty 
 Cases), p. 187. 
 
 Where a ship in charge of a licensed pilot is 
 anchored within pilotage water, the pilot determines 
 and is responsible for the length of cable at which 
 the ship rides, and it is the duty of the pilot when 
 the ship swings to the tide to superintend that 
 manoeuvre, and regulate the helm ; and if, through 
 want of length of cable and of regulation of the helm 
 the ship sheers, and so parts from her anchor in 
 swinging, the pilot will be alone responsible, pro- 
 vided that the crew take the right steps to counteract 
 the sheering. The City of Cambridge, 2nd volume 
 of Maritime Law Cases (N.S.), p. 193. 
 
 It may also be considered as decisive that the 
 master of a ship ought not to control the duties of 
 the pilot, unless there is strong ground for believing 
 him to be incompetent from drunkenness^ illness, or 
 general neglect and inattention. 
 
 The only other Order having reference to the River 
 Thames, and the pilots navigating vessels thereon, is 
 an Order in Council of the 5th February 1873, which
 
 52 THE LAW OF PILOTAGE 
 
 recognised a class of men who had been in the habit 
 of conducting ships exempted from compulsory pilot- 
 age, and made regulations for licensing such men in 
 existence at the time of the Order, and for the future. 
 The Order is as follows : 
 
 Whereas, by the 333rd Section of "The Merchant Shipping Act, 
 1854," it is enacted that, subject to the provisions contained in 
 the fifth part of the Act, it shall be lawful for every pilotage 
 authority by bye-law, made with the consent of Her Majesty in 
 Council amongst other things, " to determine the qualifications to 
 be required from persons applying to be licensed as pilots," and 
 " to fix the terms and conditions of granting licences to pilots." 
 
 And whereas it is expedient to make regulations to determine 
 the qualifications to be required from persons so applying to be 
 licensed, and to fix the terms and conditions of granting such 
 licences : 
 
 And whereas it has been made to appear to the Corporation of 
 the Trinity House, of Deptford Strond, being the pilotage autho- 
 rity for the port of London and the seas and channels leading 
 thereto, according to the meaning of the said recited Act, that 
 certain persons have for a long period of time been employed in 
 piloting ships up and down the River Thames, between London 
 Bridge and Gravesend, without being duly licensed as pilots by 
 the said pilotage authority : 
 
 And whereas it has been resolved by the said Corporation of 
 the Trinity House that such a number of the said persons as the 
 Corporation shall from time to time see fit shall be licensed as 
 pilots by the Corporation, for the purpose of piloting ships 
 exempted from compulsory pilotage up and down the River Thames 
 between London Bridge and Gravesend, on and after the 1st day 
 of January 1873 : 
 
 And whereas it has been deemed expedient that the qualifica- 
 tion to be required from such last-named persons, and the terms 
 and conditions of granting licences to them should differ and be
 
 ON THE RIVER THAMES. 53 
 
 distinct from the qualifications, terms, and conditions which 
 apply to the appointing and licensing of pilots for the general 
 service within the said London district, and it is intended to 
 designate such persons to be so licensed as " pilots for exempted 
 ships : " 
 
 And whereas the said Corporation have submitted for the con- 
 sent of Her Majesty in Council certain regulations (hereunto 
 annexed) for the licensing of persons as pilots, and whereas the 
 said regulations appear to be proper and reasonable : 
 
 Now therefore Her Majesty, by virtue of the power vested in 
 her by the said recited Act, and by and with the advice of Her 
 Privy Council, is pleased to approve, and doth hereby approve, of 
 the said regulations so submitted as aforesaid. 
 
 Regulations referred to in the foregoing Order, 
 
 I. All persons applying for licences as pilots for such exempted 
 ships on the Kiver Thames between London Bridge and Gravesend, 
 shall produce such certificates as shall be deemed satisfactory by 
 the Trinity House previously to examination, as in the said Act 
 provided, on the following points, viz. : 
 
 (1.) Their qualification by previous service under the rule here- 
 inafter provided ; 
 
 (2.) Their previous good conduct and habits of sobriety ; 
 
 (3.) That they are in good health, and not afflicted with any 
 bodily complaint or infirmity, rendering them unfit to per- 
 form the duties of a pilot, which last certificate shall be 
 under the hand of a duly authorised medical practitioner. 
 
 II. Any person who shall be able to prove to the satisfaction 
 of the Trinity House that he has piloted ships on the Kiver 
 Thames, between London Bridge and Gravesend, for a period of 
 two years previously to the date of this bye-law, or that he is 
 otherwise eligible by practical experience in the navigation of 
 vessels within that district, shall be deemed qualified, after exami- 
 nation, as in the said Act provided, to be licensed as a pilot for 
 the navigation up and down the River Thames between. London
 
 54 THE LAW OF PILOTAGE 
 
 Bridge and Gravesend, subject to the following terms and con- 
 ditions, viz. : 
 
 (1.) That such licence shall authorise him to act as pilot only 
 on board such exempted ships, and no others ; all pilots 
 so licensed, being intended to be designated " Pilots for 
 exempted ships ; " 
 
 (2.) That such licence shall not authorise him to supersede, in 
 the charge of any ship, any other pilot duly licensed by the 
 Trinity House for the said navigation between London Bridge 
 and Gravesend ; 
 
 (3.) That he shall be subject to all bye-laws, rules, orders, and 
 regulations, made, or hereafter to be made by the Trinity 
 House, for the government of pilots generally, and to all 
 penalties thereby imposed and provided, unless specially ex- 
 empted therefrom ; 
 
 (4.) That he shall pay the like sums of money as are payable 
 by pilots licensed for the London district on their appoint- 
 ment, and on the annual renewal of their licences, but shall 
 not be required to pay to the Pilots' Fund the poundage of 
 sixpence in the pound upon the pilotage earnings of pilots 
 licensed by the Trinity House, as provided by the 385th 
 Section of the said Act, nor shall he nor his widow nor chil- 
 dren be entitled to any benefit from the said Pilots' Fund. 
 
 The Trinity House, in granting the licences to 
 pilots for exempted ships, in the first instance 
 granted them unconditionally in the words of the 
 Order in Council, but have since called all the 
 licences in and endorsed them in the following 
 manner, "This licence does not authorise the bearer 
 to pilot any ship carrying passengers," and have 
 thus deprived the pilots of a very lucrative part of 
 their business.
 
 ON THE RIVER THAMES. 55 
 
 The Order in Council does not annex this condi- 
 tion to the licence, and it seems doubtful whether 
 the Trinity House can, without the consent of her 
 Majesty in Council, enforce the condition, should any 
 of the pilots dispute the right or authority of that 
 Corporation to impose terms not warranted by the 
 Order. 
 
 By the Merchant Shipping Acts Amendment Act, 
 1873 (36 & 37 Yict. c. 85, s. 19), it is enacted "that, 
 if a vessel require the services of a pilot, the signals 
 to be used and displayed are to be those specified in 
 the Second Schedule to the Act. And any master of 
 a vessel who uses or displays, or causes or permits 
 any person under his authority to use or display, any 
 of the said signals for any other purpose than that 
 of summoning a pilot, or uses or causes or permits 
 any person under his authority to use any other 
 signal for a pilot, shall incur a penalty not exceed- 
 ing 20." 
 
 The signals mentioned in the Schedule to the Act 
 are as follows : 
 
 In the day-time. The following signals, numbered 
 1 and 2, when used or displayed together, or sepa- 
 rately, shall be deemed to be signals for a pilot in 
 the day-time viz., 1, to be hoisted at the fore the 
 Jack or other national colour usually worn by mer- 
 chant ships, having round it a white border one-fifth
 
 56 THE LAW OF PILOTAGE 
 
 of the breadth of the flag ; or, 2, The International 
 Code Pilotage Signal, indicated by FT. 
 
 At night. The following signals, numbered 1 and 
 2, when used or displayed together, or separately, 
 shall be deemed to be signals for a pilot at night 
 viz., 1, The pyrotechnic light, commonly known as a 
 blue light, every fifteen minutes ; or 2, A bright 
 white light, flashed or shown at short or frequent 
 intervals, just above the bulwarks, for about a minute 
 at a time. 
 
 The avowed purpose of the law as enacted by the 
 Merchant Shipping Act, was to limit the liability 
 of the shipowner, and also the risk of damage, by 
 compelling the master of a vessel to accept the 
 services of a pilot when entering or leaving the 
 River Thames, subject of course to the exemptions 
 contained in the Act. The Orders in Council which 
 have from time to time been issued, and the judicial 
 decisions given, now leave the law relating to 
 pilotage in the utmost confusion, and notwithstand- 
 ing the previous endeavour to set out in something 
 like order, the various and conflicting cases on the 
 subject, it is thought as well to make a short 
 synopsis of the exemptions which may now be said to 
 exist from compulsory pilotage, so that a reference 
 to such, synopsis may in one moment enable the 
 reader to determine what vessels are and what 
 vessels are not exempt from compulsory pilotage.
 
 ON THE RIVER THAMES. 57 
 
 The following vessels are exempt from compulsory 
 pilotage under the Statute 6 Geo. IV. c. 125, s. 59, 
 and the Order in Council of 18th February 1854, 
 if navigated by the master without the assistance of 
 any unlicensed person or persons ; namely : 
 
 Any ship or vessel having a British register, 
 trading to Norway or to the Cattegat, or Baltic, or 
 round the North Cape, or into the White Sea, or 
 any constant trader from the ports between Bou- 
 logne inclusive and the Baltic. 
 
 Any ship or vessel whatever, whilst the same is 
 within the limits of the port or place to which she 
 belongs. Under Section 60 of the same Act, ships 
 piloted by the master or mate thereof, residing at 
 Dover, Deal, or the Isle of Thanet, from such places 
 up or down the River Thames or Medway. 
 
 Under Section 340 of the Merchant Shipping Act, 
 1854, ships navigated by master or mate, possessing 
 a pilotage certificate. 
 
 Under Section 379 of the same Act, and the 
 Orders in Council thereunder, ships when navigating 
 in the London district, omitting the compulsory 
 clauses which clash with the exemptions under the 
 6 Geo. IV. c. 125, and omitting the conditions 
 imposed by the Order in Council of 16th July 
 1857. 
 
 Ships employed in the coasting trade of the 
 United Kingdom, when not carrying passengers.
 
 58 THE LAW OF PILOTAGE 
 
 Ships of not more than 60 tons burden, when not 
 carrying passengers. 
 
 Ships trading to or from Boulogne or to any 
 place in Europe north of Boulogne, when not carry- 
 ing passengers. 
 
 Ships from Guernsey, Jersey, Alderney, Sark, or 
 Man, wholly laden with stone, being the produce of 
 those islands, when not carrying passengers. 
 
 Ships navigating within the limits of the port to 
 which they belong, and not bound beyond those limits. 
 
 Ships navigating in ballast from any port or place 
 in the United Kingdom, to any other port or place in 
 the United Kingdom, when not carrying passengers. 
 
 Ships trading to or from any port or place in 
 Great Britain within the London district and the 
 port of Brest, or any port or place north and east of 
 Brest, when not carrying passengers. 
 
 Ships trading to or from any port or place in 
 Great Britain within the London district, and the 
 Islands of Guernsey, Jersey, Alderney, Sark or Man, 
 when not carrying passengers. 
 
 Pilotage is compulsory under Section 354 of the 
 Merchant Shipping Act, 1854, on the masters of 
 ships carrying passengers between any place 
 situate in the United Kingdom, or the Islands of 
 Guernsey, Jersey, Sark, Alderney, and Man, and 
 any other place so situate, unless the master or mate 
 of such ships possess a pilotage certificate.
 
 ON THE KIVER THAMES. 59 
 
 On all ships not having British registers, when 
 carrying passengers. 
 
 On all ships having British registers, and not 
 hailing from London, when carrying passengers 
 trading to or from ports in Europe south of 
 Boulogne. 
 
 On all ships not hailing from London, when not 
 carrying passengers and trading to or from ports in 
 Europe south of Brest. 
 
 All other ships not hailing from London and 
 trading to or from any port or place not within the 
 above limits. 
 
 There can be no doubt in the reader's mind that 
 the intention of the framers of the Merchant Shipping 
 Act, 1854, as to the exemptions within the London 
 district of the Trinity House, has failed. On 
 numerous occasions pressure has been brought to 
 bear on the Government then in office, to remedy the 
 defects existing ; the better opinion seems to be that 
 Section 388, which saves the owners and masters of 
 ships from liability for damage occasioned by the 
 fault or incapacity of any qualified pilot, should be 
 altogether removed from the Statute Book, and that 
 the Sections of the Merchant Shipping Act, 1854, 
 so far as they relate to the compulsory employment of 
 pilots, should be re-enacted in language which should 
 exclude the exemptions now derived from the Act of 
 George IV., and the Order in Council thereunder.
 
 60 THE LAW OF PILOTAGE, ETC. 
 
 Compulsory pilotage is looked upon with much 
 favour by many of our largest ship-owners, and as 
 a body they are not averse to the repeal of the 388th 
 Section, by which repeal their liability to make good 
 damage would be revived. On the River Thames, 
 however, this liability would be set off by the right 
 of owners of vessels to employ whatever pilot they 
 may consider suitable to their requirements, by a 
 system of choice letters, which are now in use, and 
 by which regular traders to and from the port of 
 London are generally navigated by the same pilot, 
 who thereby becomes familiar with the vessel under 
 his command, and is therefore not so likely to fall 
 into error as to the capabilities of such vessel. 
 
 It is not, however, the object of the writer to 
 suggest a remedy for the evils at present existing. 
 His intention is to plainly state the law as gathered 
 from the Acts of Parliament, Orders in Council, and 
 judicial decisions, and in which intention he trusts 
 he has succeeded to the satisfaction of those who 
 may so far honour him as to become the readers of 
 his work.
 
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 64 
 
 APPENDIX. 
 
 
 60 Tons 
 
 150 Tons 
 
 250 Tons 
 
 400 Tons 
 
 600 Tons 
 
 1000 
 
 
 and 
 
 
 and 
 
 and 
 
 and under 
 
 Tons and 
 
 
 under 160. 
 
 under 250. 
 
 under 400. 
 
 under 00. 
 
 1000. 
 
 upwards. 
 
 
 *. d. 
 
 *. d. 
 
 *. d. 
 
 *. d. 
 
 . d. 
 
 s. d. 
 
 For putting a Pilot on) 
 
 
 
 
 
 
 
 Board a Vessel eitherf 
 from the Cutters orf 
 
 100 
 
 150 
 
 1 10 
 
 200 
 
 2 10 
 
 330 
 
 from the Shore, . .) 
 
 
 
 
 
 
 
 The additional rate, for intermediate portions of a foot, in the 
 draft, to be regulated as follows, viz. : 
 
 For 3 in. and under . 
 
 For more than 3 in. and under 9 in. 
 
 For 9 in. and upward . . 
 
 No addition. 
 
 The medium between the 
 
 two rates. 
 The rate for the next foot. 
 
 Vessels not exceeding 70 tons, chiefly laden inwards with fish, 
 corn, or other provisions, are to pay during the summer months, 
 viz., from Lady Day to Michaelmas Day inclusive, the following 
 rates only, viz. : 
 
 From Sea to London, or vice versd, . . . 4146 
 ,, Gravesend to London, or vice vend, . 150 
 
 Vessels exceeding 70 tons, and not exceeding 100 tons, chiefly 
 laden inwards with fish, corn, or other provisions, are to pay 
 during the summer months, viz., from Lady Day to Michaelmas 
 Day inclusive, the following rates for the outward voyage : 
 
 From London to Gravesend, 
 ,, ,, to the Nore, 
 
 ,, ,, to the Sea, 
 
 1 5 
 
 2 18 
 5 5 
 
 Removing a Ship or Vessel from Moorings into a Dry or Wet Dock, or 
 from one part of the River situated above Blackwall to another part 
 of the River so situated 
 
 s. 
 15 
 
 Under 300 Tons, 
 300 to 600 
 600 to 1000 
 Above 1000 
 
 1 1 
 
 1 11 
 
 2 2
 
 APPENDIX. 
 
 Employment of Boats, Anchors, <kc. 
 
 In the River 
 Thames above 
 Gravesend. 
 
 ' For a Boat of a Class carrying 
 an Anchor of above 4 cwt. 
 with a corresponding Tow 
 Line, . . . 220 
 Ditto 2 cwt. . . .110 
 Ditto under 2 cwt . . 15 
 And for each Man's Service in those 
 Boats, 8s. per Tide. J 
 
 Per Trip for the 
 whole distance 
 from Gravesend 
 *to London, and 
 in proportion for 
 any part of that 
 distance. 
 
 BYE-LAWS, RULES, ORDERS, REGULATIONS, and 
 ORDINANCES, made and framed by the CORPORATION OP 
 TRINITY HOUSE OP DEPTFORD STROND, as well for insuring 
 the good conduct and constant attendance of Pilots licensed 
 by the said Corporation upon their duty, as for enforcing 
 the general purposes of an Act passed in the sixth year of 
 the reign of King George the Fourth, intituled, "An Act 
 for the Amendment of the Law respecting Pilots and 
 Pilotage, and also for the better Preservation of Floating 
 Lights, Buoys, and Beacons;" the same Bye-laws, Rules, 
 Orders, Regulations, and Ordinances having been examined, 
 sanctioned, and approved in that behalf by the Right 
 Honourable Sir Charles Abbott, Knight, Lord Chief Justice 
 of His Majesty's Court of King's Bench, pursuant to the 
 directions of the said Act. 
 
 IMPRIMIS : It is ordained, that from and after the promulgation 
 of these present Bye-laws, Rules, Orders, Regulations, and Ordi- 
 nances, all and every the Bye-laws, Rules, Orders, Regulations, 
 and Ordinances, heretofore made or framed by the said Cor- 
 poration, for the government of the said Pilots, or for ensuring 
 the good conduct and constant attendance of the same upon their 
 duty, or for enforcing the general purposes of an Act passed in 
 the forty-eighth year of the late King's reign, intituled, " An Act 
 for the better regulation of Pilots and of the Pilotage of Ships 
 and Vessels navigating the British Seas," shall be and the same 
 are from henceforth annulled, and in lieu and stead thereof the 
 said Corporation do hereby make and frame the Bye-laws, Rules, 
 Orders, Regulations, and Ordinances following, that is to say :
 
 66 APPENDIX. 
 
 II. It is ordained, that every Pilot who shall be ordered to 
 proceed on His Majesty's Service by any order signed by the 
 Deputy- Master or Secretary of the said Corporation, or by the 
 officer for the time being of the said Corporation at Yarmouth, 
 or elsewhere, duly authorised to act in matters of Pilotage, or who 
 shall be so ordered, in writing or otherwise, by any officer in His 
 Majesty's Service, shall immediately proceed thereon ; and every 
 Pilot who shall fail so to do, or who shall evade the receipt of any 
 such order, or who shall quit or decline such service, shall, for 
 the first offence, forfeit .5, and for the second and every sub- 
 sequent offence .10 each. 
 
 III. It is ordained, that every Pilot engaged in the charge of 
 any Ship employed by Government in the Transport Service, 
 shall observe particularly if any unnecessary delay takes place on 
 the part of the Master in proceeding towards his destination ; 
 and if any delay does take place, such Pilot shall on his return 
 report the same to the Secretary of the said Corporation, and 
 upon going on board, such Pilot shall give notice to the Master 
 that he has orders so to do. 
 
 IV. It is ordained, that no Pilot having the charge of a Mer- 
 chant Ship, shall stop the same alongside the moorings of His 
 Majesty's ships at Deptford, or elsewhere, or between the Round 
 Tree and Bathing House at Gravesend (except in either of such 
 cases there be an extreme necessity for so doing, or leave be 
 obtained for that purpose from the proper officer or officers in 
 that behalf), and all Pilots licensed by the said Corporation are 
 at all times to be particularly careful to steer clear of the King's 
 ships in passing them. 
 
 V. It is ordained, that every Pilot, when called upon or required 
 to pilot any Ship or Vessel, shall, if under engagement to any 
 other Ship, forthwith make known such engagement, and specify 
 the particulars thereof truly and faithfully to the person calling for 
 or requiring such Pilot's service ; and in case of any concealment , 
 misrepresentation, or falsehood in respect of such alleged previous 
 engagement, the Pilot offending shall forfeit .10. 
 
 VI. It is ordained, that every Pilot who shall have taken 
 charge of any Ship from the River Thames to the Downs, or 
 elsewhere, shall, without any additional compensation in that 
 behalf, wait on board for the space of three complete days, while
 
 APPENDIX. 67 
 
 such ship may be detained at Gravesend, or elsewhere, for want 
 of seamen, or by any other casualty, nor shall he at the end of 
 three complete days be at liberty to quit such Ship, or receive 
 any additional compensation if she shall be further detained by 
 winds, weather, or tides ; and should the Ship be detained beyond 
 three complete days on any other account except winds, weather, 
 or tides, the Pilot having the charge thereof shall nevertheless 
 still (if required so to do) remain in the charge of her, provided a 
 compensation of 6s. per day be offered to him in that behalf by 
 the Master or Owner. 
 
 VII. It is ordained, that every Pilot shall in all cases demean 
 himself civilly and respectfully towards all persons who may 
 require his service, and towards all Officers in His Majesty's Navy, 
 and shall maintain a strict temperance and sobriety in the exer- 
 cise of his office, and shall use his utmost care and diligence for 
 the safe conduct of every Ship which he shall be entrusted with 
 the charge of, and to prevent her doing damage to others. 
 
 VIII. It is ordained, that every Pilot who shall undertake the 
 charge of any Ship downwards, shall, before his departure, leave, 
 or cause to be left, notice thereof in writing at the proper office 
 at the Trinity House in London, with one of the clerks there 
 attending, and shall be considered as disengaged until he shall 
 have so done ; and upon such Pilot's return he shall immediately, 
 in his own person, attend at the said office, and make and sign 
 such entry in a book there kept for that purpose, as the said 
 Corporation shall from time to time direct or require. 
 
 IX. It is ordained, that every Pilot licensed by the said Cor- 
 poration, shall from time to time, and at all times in obedience to 
 the Order or Summons of the said Corporation, under the hand 
 of the Secretary thereof for the time being, duly delivered or 
 offered to such Pilot, or left a reasonable time at the usual or last 
 known place of residence of such Pilot, attend the said Cor- 
 poration, at their Courts, Bye-Boards, or Committees, or their 
 Secretary for the time being, at the Trinity House in London, 
 and that every Pilot licensed by the said Corporation upon a 
 Certificate of Qualification from Sub-Commissioners of Pilotage, 
 shall in like manner attend the Sub- Commissioners of the Port or 
 Place for which such Pilot shall be so licensed, in obedience to 
 the Order or Summons of the said Sub-Commissioners, under their
 
 68 APPENDIX. 
 
 hands, or the hands of the major part of them, duly delivered, 
 offered or left as aforesaid, to answer to any charges brought 
 against such Pilots, respectively, or for the performance of any 
 public service, or for any other purpose whatsoever ; and in de- 
 fault of such attendance every Pilot so offending shall forfeit, for 
 the first offence, 40s., and for the second and every subsequent 
 offence .5 each. 
 
 X. It is ordered and hereby directed, that every Pilot licensed 
 or to be licensed by the said Corporation, upon their receiving a 
 certificate of examination by any Sub-Commissioners of Pilotage, 
 shall for such examination, and for the granting of the licence 
 thereon, pay the sum of Two Guineas to the said Sub-Com- 
 missioners of Pilotage by whom he shall be so examined, or to 
 one of them, and shall also, for the renewing or confirming such 
 licence, from time to time pay to the Sub-Commissioners of 
 Pilotage for the time being at or for the Port or Place specified in 
 such licence, or to one of them, the annual sums following (that 
 is to say) : Every Pilot so licensed, or to be licensed as aforesaid, 
 for the Ports of Plymouth, Portsmouth, or Cowes respectively, 
 the annual sum of Two Guineas. And every Pilot licensed or to 
 be licensed as aforesaid, for any other Port or Place, the annual 
 sum of One Guinea, unless the Pilots at or for such Port or Place 
 shall be divided into two classes, and in that case the Pilots of 
 the First Class are to pay the annual sum of Two Guineas each, 
 and Pilots not of the First Class the annual sum of One Guinea 
 each. 
 
 XI. It is ordained, that no Pilot shall add to or in any way 
 alter his licence, or make or alter any endorsement thereon, nor 
 shall he be privy to any such licence or endorsement being 
 altered. 
 
 XII. It is ordained, that every Pilot who shall observe any 
 alteration in any of the Sands or Channels, or that any of the 
 Buoys or Beacons of the said Corporation are driven away, broken 
 down, or out of place, shall forthwith deliver or send a correct 
 statement thereof in writing to the Secretary of the said Cor- 
 poration for the time being. 
 
 XIII. It is ordained, that every Pilot shall, whenever he comes 
 to an anchor, carefully observe the settings of the tide and the 
 force of the stream, and if it shall happen that he comes near to a
 
 APPENDIX. 69 
 
 Sand, or other object or cause of danger, and there be any other 
 Ships or Ship in company likely to fall in therewith, such Pilot 
 shall immediately give notice thereof to the Captain or principal 
 Officer of the Ship under his care, that he may make a signal to 
 such other Ships or Ship for avoiding the same. 
 
 XIV. It is ordained, that no Pilot shall on any pretence aid or 
 assist, either in his own person, or with his boat or servants, or by 
 any other means whatever, the landing, removing, or secreting 
 any Seaman from any Merchant Ship or Vessel, to avoid serving 
 in His Majesty's Navy, or to escape the impress for the same. 
 
 XV. It is ordained, that every Pilot shall from time to time 
 conform himself strictly to all directions which shall be given to 
 him. by any of the Harbour Masters authorised by Act of Par- 
 liament under the Corporation of the City of London, touching 
 the mooring, unmooring, placing, or removing of any Ship or 
 Vessel under his charge, as long as such Ship or Vessel shall be 
 lying and situate within the limits of the authority of such 
 Harbour Master. 
 
 XVI. It is ordained, that each and every Pilot belonging to a 
 licensed Pilot Vessel shall be at liberty to entertain one Appren- 
 tice and no more. 
 
 XVII. It is ordained, that for any work done on the River 
 Thames or Medway, by men in boats, being less than the work 
 for the whole tide, the pay shall be for half a tide's work, 4s. to 
 each man, and so on in proportion for any time less than a whole 
 tide, the pay for which is settled by the said Act of the sixth 
 year of the reign of His present Majesty at 8s. 
 
 XVIII. It is ordained, that in all cases where pecuniary 
 penalties and forfeitures are annexed to the breach of the fore- 
 going Bye-laws, Rules, Orders, Regulations, and Ordinances, the 
 said Corporation of Trinity House may mitigate and reduce the 
 same to one-fourth part at their discretion. 
 
 XIX. It is ordained, that every Pilot who shall offend against 
 any or either of the foregoing Bye-laws, Rules, Orders, Regula- 
 tions, and Ordinances, shall, for every such offence (whether the 
 same shall subject him to any pecuniary penalty or not, and in 
 addition to such penalty, if any) be liable to have his licence 
 annulled and forfeited, or suspended, at the discretion of the said 
 Corporation.
 
 70 APPENDIX. 
 
 N.B. Besides conforming themselves diligently to the above 
 Bye-laws, Rules, Orders, Regulations, and Ordinances, the Pilots 
 licensed by the Corporation of Trinity House are of course in all 
 things to observe and obey the enactments and provisions relating 
 to such Pilots contained in the said Act of Parliament, made and 
 passed in the sixth year of the reign of His Majesty King George 
 the Fourth, a copy of which Act has been delivered to each of the 
 said Pilots. 
 
 By Order of the Corporation, 
 
 J. HERBERT, Secretary. 
 
 I have perused and examined the foregoing Bye-haws, Rules, 
 Orders, Regulations, and Ordinances, and do hereby 
 sanction, approve of, and confirm the same. Witness 
 my hand and seal, the nineteenth day of April, One 
 Thousand Eight Hundred and Twenty-six. 
 
 j
 
 APPENDIX. 
 
 1st Class. 
 
 2d Class. 
 
 TRINITY HOUSE, LONDON, 19th March 1853. 
 
 SIR, The Board having been pleased to direct that every 
 Pilot for the Port of London shall, immediately upon boarding 
 a vessel and taking charge thereof, hoist a flag under the ensign 
 or on some other conspicuous place, but not on the fore-royal 
 masthead, and keep the same flying during the time he so 
 remains in charge ; the flag to be the regular pilot-flag red 
 and white for the First-Class Pilot, horizontal ; for the Second- 
 Class Pilot, vertical (as above), the size of the flag to be 6 feet by 
 4 feet. 
 
 I hereby communicate the same to you, and require you to 
 provide yourself with such flag with as little delay as possible, 
 and observe on all occasions the said order. I am, Sir, your 
 humble servant, 
 
 J. HERBERT, Secretary. 
 
 N.B. River Pilots, who have charge of vessels downwards, 
 shall, on arriving in Northfleet Hope, display the usual signal for 
 a Pilot on board all vessels requiring the services of a Channel 
 Pilot, or shall lower their own flags. 
 
 TRINITY HOUSE, LONDON, 20th April 1859. 
 SIR, The Board having been pleased to order, at the request 
 of the Commissioners of Her Majesty's Customs, that every River 
 Pilot shall, on taking charge of a vessel from foreign parts, 
 ascertain whether there is an Officer of Customs on board ; and 
 that, should there not be one, he shall demand the production of
 
 72 APPENDIX. 
 
 the Quarantine Certificate, which is given to the Commanding 
 Officer of every vessel, before she can proceed above the authorised 
 Station for placing on board the Officer of Customs, I am directed 
 to communicate the same to you, and to require your strict 
 observance of the said order on all future occasions. I am, Sir, 
 your humble servant, 
 
 P. H. BERTHON, Secretary. 
 
 Mr 
 
 River Pilot. 
 
 TRINITY HOUSE, LONDON, October 1867. 
 
 SIR, It having been represented to the Corporation that some 
 of the Pilots licensed for the London District are in the habit of 
 giving gratuities to persons who may obtain employment for 
 them, or who select them to take charge of Vessels, I am directed 
 to acquaint you therewith, and to order and require that on no 
 occasion you directly or indirectly give any gratuity whatever, 
 in respect of your being selected to take charge of a Vessel. 
 
 I am at the same time to refer you to the terms of the bond 
 executed by you at the time of your receiving your licence, and 
 to acquaint you that, should you be guilty of any infringement of 
 this Order, you will be called upon for the amount of its Penalty, 
 viz., One Hundred Pounds, and- have your licence suspended or 
 withdrawn. I am, Sir, your humble servant, 
 
 P. H. BERTHON, Secretary. 
 
 TRINITY HOUSE, LONDON, May 1873. 
 
 SIR, I am directed to acquaint you that the Board has been 
 pleased to order that, on and after the 12th inst., the following 
 Regulations shall be observed by all Pilots licensed for the River 
 Thames between London Bridge and Gravesend : 
 
 1st. That any Pilot who may be selected to take charge of a 
 Vessel not regularly employed in the Coasting Trade of 
 the United Kingdom, shall obtain a " Choice Letter "for 
 such Vessel, duly signed by the Owner, Master, or bona-
 
 APPENDIX. 73 
 
 fide Agent thereof ; and when the same has been stamped, 
 and the established fee paid at this House, it shall be 
 handed to the Ruler, for his authority to be endorsed 
 thereon, for the Pilot to act on such " Choice Letter." 
 
 2d. That any Pilot taking charge of a Vessel on a " Choice 
 Letter " given him by any person not being the Owner, 
 Master, or ~bona-fide Agent thereof, shall, if the Corporation 
 see fit, forfeit the Pilotage of such Vessel, which shall be 
 applied to the purposes of the Pilots' Fund. 
 
 3d. That no Pilot, whether having a " Choice Letter " or not, 
 shall board any Vessel until the same has been cleared by 
 the Officers of Her Majesty's Customs ; and should this 
 Order be disregarded, the Pilot so offending shall be super- 
 seded by the first-turn man. I am, Sir, your humble 
 servant, 
 
 ROBIN ALLEN, Secretary. 
 
 Mr 
 
 River Pilot. 
 
 REGULATIONS 
 
 To be observed by the Pilots in the payment of the poundage on 
 their respective earnings. Established by the 385th section 
 of the Act 17 & 18 Viet. c. 104. 
 
 Each Pilot is required, at the expiration of every month, to 
 deliver to the Clerk, in the Pilots' Office at the Trinity House, a 
 correct account, on one of the forms provided him for that pur- 
 pose, of all Vessels piloted by him in the said month ; and he is 
 then to pay the amount due for poundage thereon, to be applied 
 to the purposes of the Pilots' Fund, as provided by the Act. 
 
 In order to ensure a correct Return of their earnings, the 
 Pilots are required to render, at the end of each year, an Abstract 
 Account, on one of the forms also provided for that purpose, of 
 their total earnings in each month, and to declare solemnly 
 before a Magistrate to the truth of the Return they have so 
 made. 
 
 By Order, 
 
 ROBIN ALLEN, Secretary.
 
 74 APPENDIX. 
 
 ORDER RESPECTING THE USE OF THE LEAD. 
 
 TRINITY HOUSE, LONDON. 
 
 It having been represented to this Corporation that the Pilots 
 frequently neglect the use of the Lead, which is of the greatest 
 importance to the safety of Vessels in their charge, especially in 
 thick weather, the Pilots are hereby cautioned against any repeti- 
 tion of such neglect, as, in the event of any accident occurring, 
 and proof being produced that the Pilot has failed to perform 
 this most essential branch of his duty, his licence will be taken 
 away, and declared null and void. 
 
 By Order, 
 
 ROBIN ALLEN, Secretary. 
 
 ORDER RESPECTING VESSELS TOUCHING THE 
 GROUND, OR IN COLLISION. 
 
 TRINITY HOUSE, LONDON. 
 
 When a Vessel touches the ground, or a collision occurs with 
 any other Vessel, the Pilot in charge is immediately to report the 
 occurrence in writing on the form prescribed, addressed to the 
 Secretary at this House. 
 
 By Order, 
 
 ROBIN ALLEN, Secretary. 
 
 ORDER RESPECTING LOSS OF ANCHORS AND 
 CABLES. 
 
 TRINITY HOUSE, LONDON. 
 
 When Anchors or Cables are lost from any Vessel, the Pilot in 
 charge is immediately to report the occurrence in writing on the 
 form prescribed, addressed to the Secretary at this House. 
 
 By Order, 
 
 ROBIN ALLEN, Secretary.
 
 INDEX.
 
 INDEX. 
 
 ADMIRALTY COURT, 
 
 duty of in construing Statute, 39. 
 
 ALLOWANCE, 
 
 to qualified pilot when taken out of district, 16. 
 
 ANCHORING SHIP, 
 
 duty of pilot as to, 51. 
 
 APPEAL, 
 
 power of, by qualified pilots, to Board of Trade, 10. 
 
 APPLICATION, 
 
 of dues received by Trinity House for pilotage of foreign 
 ship, 27. 
 
 BALLAST, 
 
 ships in, when exempt from compulsory pilotage, 43. 
 
 BOARD OF TRADE, 
 
 meaning of the term, 7. 
 
 appeal to by qualified pilot, 10. 
 
 power to grant certificates to masters and taates, 12, 15, 39. 
 
 power to withdraw same, 13. 
 
 BOND, 
 
 to be given by pilots, 22. 
 
 form of, 23. 
 
 liability of pilot limited to amount of, 24.
 
 78 INDEX. 
 
 BYE-LAWS, 
 
 power to pilotage authorities to repeal or alter, 10. 
 
 publication of, 10. 
 
 for regulation of pilots, at present in force, 65. 
 
 CERTIFICATE, 
 
 of payment of pilotage, 27. 
 
 CINQUE PORT PILOTS, 
 
 prohibition, unless expressly licensed, from taking charge in 
 
 specified districts, 2. 
 union of with Trinity House pilots, 5. 
 
 COASTING TRADE, 
 
 definition of ships employed in, 25. 
 
 COLLECTOR OF CUSTOMS, 
 
 duty of in respect of pilotage due from foreign ships, 26. 
 
 COMPULSORY PILOTAGE, 
 
 power of pilotage authority to make and extend exemptions 
 
 from, 9, 39. 
 (general), 14. 
 mode of enforcement, 14. 
 (Trinity House), 24. 
 exemptions from, 25. 
 limitation of liability of owner or master of ship in case 
 
 of, 28. 
 
 continuance of exemptions from by M. S. Act, 1854, 37. 
 exemptions from, so continued, 40. 
 ships in ballast, when exempt from, 43. 
 ships within their own port exempt from, 44. 
 extension of by order in Council of 21st December 1871, 46. 
 plea of, rule as to costs, 50. 
 synopsis of exemptions from, 56. 
 
 CONSIGNEE, 
 
 power of to retain pilotage dues, 19. 
 
 COSTS, 
 
 law as to, when compulsory pilotage pleaded, 50.
 
 INDEX. 79 
 
 DRAUGHT OF WATER, 
 
 penalty on master for making false declaration as to, 17. 
 settlement of difference as to, 27. 
 
 DUNGENESS, 
 
 supply of pilots at, 25. 
 
 DUTY 
 
 of crew of vessel to keep look-out when pilot employed, 49, 50. 
 of pilot to direct navigation of tug towing ship in his charge, 50. 
 of pilot as to anchoring ship, 51. 
 
 ENGLISH CHANNEL DISTRICT, 
 limits of, 22. 
 
 EXEMPTIONS FROM COMPULSORY PILOTAGE, 
 
 powers of pilotage authorities to make and extend, 9. 
 
 (Trinity House), 25. 
 
 continuance of by M. S. Act, 1854, 37. 
 
 statement of, so continued, 40. 
 
 ships in ballast, when within, 43. 
 
 ships in limits of their own port, within, 44 
 
 extension of, by order in council of 21st December 1871, 46. 
 
 synopsis of, 56. 
 
 EXEMPT PILOTS, 
 
 regulations as to licensing, 53. 
 
 FEES, 
 
 to be paid by masters and mates for certificates of pilotage, 12. 
 
 FOREIGN-GOING SHIP, 
 
 meaning of the term, 8. 
 payment of pilotage due from, 26. 
 
 FREEMEN OF WATERMAN'S COMPANY, 
 licensing of as pilots, 30. 
 
 GOVERNMENT OF PILOTS, 
 
 power to pilotage authorities to make regulations for, 9.
 
 80 INDEX. 
 
 GRAVESEND, 
 
 held to be limit of port of London, 46. 
 
 HOME TRADE SHIP, 
 
 meaning of the term, 8. 
 
 HOME TRADE PASSENGER SHIP, 
 meaning of the term, 8. 
 to employ qualified pilot, 15. 
 
 licensing of master or mate of, by Board of Trade, 15. 
 watermen pilots for, 30. 
 Irish trader held to be a, 37. 
 
 IMPROPER KATE, 
 
 penalty on qualified pilot receiving, 17. 
 
 IRISH TRADER, 
 
 carrying passengers compelled to employ pilot, 37. 
 
 LEADING SHIP, 
 
 pilot when unable to board entitled to pilotage, 16. 
 
 LIABILITY, 
 
 for pilotage dues, 19. 
 
 of pilot for neglect or want of skill, 24. 
 
 LICENCES TO PILOTS, 
 
 power to pilotage authorities to make regulations as to, 9. 
 
 to be produced to employer on demand, 14. 
 
 to be delivered up on death, 14. 
 
 publication of granting, 22. 
 
 continuance and renewal of, 24. 
 
 revocation or suspension of, 24. 
 
 LIMITATION OF LIABILITY OF OWNERS, 
 where pilotage is compulsory, 28. 
 
 LIMITS OF PILOTAGE DISTRICTS, 
 
 power to pilotage authorities to arrange, 10. 
 
 power to Trinity House to license pilots to act within, 22.
 
 INDEX. 81 
 
 LIMITS OF PORT, 
 
 ship within, exempt from pilotage, 44. 
 
 LIMITS OF PORT OF LONDON, 
 what are, 46. 
 
 LONDON DISTRICT, 
 limits of, 22. 
 exemptions from compulsory pilotage in, 25. 
 
 LONDON, PORT OF, 
 limits of, 46. 
 
 LOOK OUT, 
 
 duty of crew of vessel to keep, where pilot employed, 
 49, 50. 
 
 MASTER, 
 
 meaning of the term, 8. 
 
 limitation of liability of, where pilotage is compulsory, 28. 
 
 duty of, in controlling pilot, 51. 
 
 MASTERS AND MATES, 
 
 licensing of, to pilot vessels, 5, 10, 39. 
 
 licensing of, to pilot home trade passenger ships, 15. 
 
 MERCHANT SHIPPING REPEAL ACT, 1854, 
 provisions of, 6. 
 
 MERCHANT SHIPPING ACT, 1854, 
 intention of, 7. 
 suggested alterations in, 59. 
 
 OCCASIONS, 
 
 when unlicensed persons may act as pilots, 18. 
 
 OFFENCES OF PILOTS, 
 (general), 19. 
 
 ORDER IN COUNCIL, 
 
 of 18th February 1854, 5, 42. 
 of 1st May 1855, 29. 
 of 16th July 1857, 33.
 
 82 INDEX. 
 
 ORDER IN COUNCIL, 
 
 observations of Dr Lushington thereon, 38. 
 
 of 25th July 1861, 43. 
 
 of 21st December 1871, 46. 
 
 of 5th February 1873, 17, 51. 
 ORDER OF PILOT, 
 
 proof of, to exempt owner, 49. 
 OUTPORT DISTRICTS, 
 
 (Trinity House) limits of, 22 
 
 exemptions from compulsory pilotage in, 25. 
 OWNER OF SHIP, 
 
 limitation of liability of, where pilotage is compulsory, 28. 
 
 exempt from pilotage in certain cases, 41. 
 
 PASSENGER, 
 
 who is, 48. 
 PASSENGER SHIPS, 
 
 when exempt from compulsory pilotage, 37. 
 PENALTY, 
 
 on qualified pilot receiving improper rate, 17 
 
 on master making false declaration as to draught of water, 17. 
 
 on unqualified person acting as pilot, 18 
 
 on qualified pilot exercising certain trades, 19 
 
 offending against revenue, 19. 
 
 guilty of corrupt practices, 19. 
 
 lending his licence, 20. 
 
 acting when suspended, 20, 
 
 acting wheu. drunk, 20. 
 
 unnecessarily causing expense, 20. 
 
 declining to take charge of ship, 20. 
 
 unnecessarily cuts or slips cable, 20. 
 
 ., refusing to conduct ship into port, 20. 
 
 quitting ship, 20. 
 
 endangering ship, life, or limb, 20. 
 
 doing ship wilful injury, 20, 
 
 on person by misrepresentation obtaining charge of ship, 21. 
 on masters of ships employing unlicensed pilot, or acting as 
 pilot, 24
 
 INDEX. S3 
 
 PILOT, 
 
 definition of, 1, 8. 
 
 general law when bound to employ, 1. 
 
 PILOT BOATS, 
 
 power to pilotage authorities to make regulations for, 9. 
 general regulations for, 13. 
 
 PILOT FUND, 
 
 payments to be made to, 28. 
 application of, 28. 
 
 PILOT LICENCES, 
 (general), 13. 
 registry of, 13. 
 
 PILOT SIGNALS, 
 rules as to, 55. 
 
 PILOT'S ORDER, 
 
 proof of, to exempt owner, 49. 
 
 PILOTAGE AUTHORITY, 
 the chief, 2. 
 meaning of the term, 8. 
 
 PILOTAGE AUTHORITIES, 
 powers of (general), 9. 
 general jurisdiction of, 9. 
 powers of, to extend exemptions from compulsory pilotage, 9. 
 
 to determine qualifications of pilots, 9. 
 
 to make regulations as to pilot boats, 9. 
 
 to make regulations for the government of pilots, 9. 
 
 to make regulations as to licences and certificates, 9. 
 
 to fix, alter, and reduce rates of pilotage, 10. 
 
 to arrange limits of pilotage districts, 10. 
 
 to establish funds for superannuated pilots, 1 0. 
 
 to alter bye-laws, 10. 
 
 in submitting orders in Council, 39.
 
 84 INDEX. 
 
 PILOTAGE CERTIFICATE, 
 
 possession of, what is, 11. 
 
 renewal of, 12. 
 
 incorrect description in, invalidates it, 39. 
 
 PILOTAGE DUES, 
 liability for, 18. 
 recovery of, 19. 
 power of consignee to retain, 19. 
 
 PILOTAGE RATES, 
 
 (Trinity House), 26. 
 chargeable on foreign ships, 26. 
 certificate of payment of, 27. 
 table of, 62. 
 
 PORT OF LONDON, 
 limits of, 46. 
 
 POSSESSION OF PILOTAGE CERTIFICATE, 
 what is, 11. 
 
 POWER OF QUALIFIED PILOT 
 
 to supersede unlicensed person, 18. 
 
 POWER OF CONSIGNEE 
 
 to retain pilotage dues, 19. 
 
 POWERS OF PILOTAGE AUTHORITIES, 
 (general), 9. 
 
 POWERS OF TRINITY HOUSE, 3. 
 to alter regulations, 21. 
 to appoint sub-commissioners, 21. 
 to license pilots to act within certain limits, 22. 
 
 PRIVILEGES OF PILOTS, 
 (general), 16. 
 
 PUBLICATION 
 
 of names of licensed pilots, 22. 
 
 QUALIFICATIONS OF PILOTS, 
 
 power to pilotage authorities to determine, 9.
 
 INDEX. 85 
 
 QUALIFIED PILOT, 
 
 meaning of the term, 8. 
 
 power of appeal by, 10. 
 
 allowance to, when taken out of district, 16. 
 
 penalty on receiving improper rate, 17. 
 
 power of, to supersede unqualified pilot, 18. 
 
 penalty on for exercising certain trades, 19. 
 
 for offending against Revenue, 19. 
 
 for being guilty of corrupt practices, 19. 
 
 for lending his licence, 20. 
 
 for acting when suspended, 20. 
 
 for acting when drunk, 20. 
 
 for unnecessarily causing expense, 20. 
 
 for declining to take charge of ship, 20. 
 
 for unnecessarily cutting or slipping cable, 20. 
 
 for refusing to conduct ship into port, 20. 
 
 for quitting ship, 20. 
 
 for endangering ship, life, or limb, 20. 
 
 for doing ship wilful injury, 20. 
 
 RATES OF PILOTAGE, 
 
 power to pilotage authorities to alter and reduce, 10. 
 (Trinity House), 26. 
 
 RECOVERY 
 
 of pilotage dues, 19. 
 
 REGULATIONS AS TO PILOTS, 
 
 to be produced by pilot on demand, 14. 
 
 REGULATIONS, 
 
 power of Trinity House to alter, 21. 
 
 for licensing watermen pilots, 30. 
 
 for licensing pilots for exempted ships, 53. 
 
 REMUNERATION OF PILOTS, 
 (general), 16. 
 
 RENEWAL OF PILOTAGE CERTIFICATES, 
 to masters and mates, 12.
 
 86 INDEX. 
 
 RENEWAL OF PILOTAGE LICENCE, 
 to pilots, 24. 
 
 RETURNS BY PILOTAGE AUTHORITIES, 10. 
 REVOCATION OP PILOTAGE LICENCE, 24. 
 
 RIGHTS OP PILOTS, 
 (general), 16. 
 
 SHIP, 
 
 meaning of the term, 8. 
 SHIP IN Tow, 
 
 duty of pilot as to navigation of tug, 60. 
 
 SHIP AT ANCHOR, 
 
 duty of pilot when, 51. 
 
 SIGNALS, 
 
 to be shown by vessels requiring pilot, 55. 
 
 SUB-COMMISSIONERS, 
 
 power of Trinity House to appoint, 21. 
 
 power of Trinity Houses of Hull and Newcastle to appoint, 28. 
 
 SUPERANNUATION OF PILOTS, 
 
 power to pilotage authorities to establish funds for, 10. 
 
 SUSPENSION OF PILOTAGE LICENCE, 24. 
 
 SYNOPSIS, 
 
 of exemptions from compulsory pilotage, 56. 
 
 TRINITY HOUSE, 
 
 jurisdiction of, 2. 
 
 powers of, 3. 
 
 meaning of the term, 8. 
 
 general power of, 21. 
 
 power to appoint sub-commissioners, 21. 
 
 to license pilots to act within certain limits, 22. 
 outport districts, limits of, 22. 
 
 application of monies by, paid over by Collector of Cus- 
 toms, 27.
 
 INDEX. 87 
 
 UNLICENSED PILOT, 
 employment of, 11. 
 
 power of qualified pilot to supersede, 18. 
 payment for services of, 18. 
 penalty on acting as pilot, 18. 
 occasions on which he may act, 18. 
 
 WATERMEN PILOTS FOR HOME TRADE PASSENGER SHIPS, 
 regulations for licensing of, 30. 
 
 PKINTEU BY BALLANTYNE AND COMPANY 
 EDINBURGH AND LONDON
 
 THE LAW OF ELECTIONS. 
 
 12nw. (1874), prk-t 12*. cloth, 
 
 A GUIDE TO ELECTION LAW 
 
 AM) THK 
 
 LAW AND PRACTICE OF ELECTION 
 PETITIONS. 
 
 SECOND EDITION. 
 
 1 1. .n. CHAXDOS LEIGH ; M. A., late Fellow of All Souls ColU-.-, 
 Oxford. Burri.ster-at-Law, Recorder of Stamford ; 
 
 AND 
 
 IlKN'llV D. LK MAW Ml ANT, M.A., Ch. Ch., Oxford, Esq., 
 1 fcarrister-at-Law. 
 
 "All engaged in Election Petitions, whether as judges, counsel, attor- 
 neys, or petitioners, will find the present volume a very useful companion. 
 Since the publication of the first edition, which was favourably received 
 by the legal profession in 1870, the Ballot Act of 1872 has come into 
 operation, and considerably- affected the procedure at the Trials of 
 Petitions. The first three chapters of the new edition are almost 
 identical with those of the first edition, but the fourth chapter, -upon 
 Scrutiny, has been entirely re-written, and, as it now stands, contains 
 valuable information not given in any other legal work. . . In addition 
 to the original matter supplied by the authors, tht, volume contains all 
 the Acts bearing upon Parliamentary and Municipal Elections, with the 
 rules and forms carefully set out. In the chapter on 'Practical Sugges- 
 tions and Evidence,' those engaged in the working of Election Petitions 
 will find much valuable information information which show.-, that ti.e 
 authors, in addition to their legal knowledge gained from books and Acts 
 of Parliament, have that experience which practice alone can give "-Tin 
 Pall Mall Gazette. 
 
 "The work is eminently practical, very concise, and yet, if judged 
 according to its aim, very complete. It may be regarded as being at pre- 
 sent the standard ' Practice of Election Petitions.'" Holii-ifors' Journal. 
 
 "Messrs Leigh and Le Marchant have already collected a great number 
 of very important dicta from the recorded decisions of the three able 
 Judges to whose hands the inauguration of the new judicature was en- 
 trusted. . . The chapter headed 'Practical Suggestions and Evidence' 
 will be found extremely useful as giving a plain and popular account of 
 the proceedings connected with the conduct of Election Petitions. About 
 the whole volume, indeed, there is an avoidance of technicalities wherever 
 possible, which will make the work both attractive and useful to the 
 candidate as well as to his legal adviser. The handy shape of the volume, 
 too. will recommend it as n companion on olf>rtiom>rrinu ad
 
 (U'lDE TO ELECTION LAW (continued). 
 
 enabling, as it does, even the non-professional reader to see almost at a 
 glance the path which the constitution of England requires him to take. 
 We may all be thankful to the authors of this little work for the lucid 
 and satisfactory manner in which they have introduced us to what may, 
 in some sense, be called a new department of law, aria Pieridum /<><-n. if 
 there be any legal Muses." The Times. 
 
 "In six short chapters the subjects of corrupt practices, agency, penal- 
 ties, scrutiny, evidence, and disqualification of persons to be elected, are 
 treated in a clear and concise manner. The sections of the different acts 
 bearing on each particular subject are given, and the dicta of the Judges 
 in construing the sections are extracted from the reports. Two of the 
 Judges, Mr Baron Martin and Mr Justice Willes, have themselves revised 
 many of the extracts, and otherwise rendered assistance, which is warmly 
 acknowledged in the preface. By means of an ample and well-arranged 
 index, it is very easy to refer to any point upon which information is 
 required, so that, for the future, M.P.s who plead their ignorance and 
 inexperience will have no excuse." IVie Pall Mall Gazette. 
 
 " To countesses, candidates, and lawyers alike, we recommend a per- 
 usal of the'first two chapters of this book before they initiate another 
 canvass, for they will learn from them that the present law is somewhat 
 strict, and that persons simply trying in good faith to bring in their man 
 by means which they believe to be legitimate, may ruin him by some 
 illegality into which they unconsciously fall. . . The method adopted 
 combines accuracy and clearness. The writers give the actual words of 
 the Statute defining any practice as illegal, and illustrate it by the opin- 
 ions of the Judges expressed on particular instances which have come 
 before them." The Globe. 
 
 " The decisions of the Judges on various points coming before them, and 
 the judgment of the Common Pleas in various cases under the new Act, 
 have been collated with great skill and perspicuity by the Hon. Chandos 
 Leigh and Mr Henry Le Marchant Barristers-at-Law, and from these 
 and other sources of information they have compiled a brief but really 
 useful guide to modern Election Law and the practice of Election Peti- 
 tions." Daily Telegraph. 
 
 "It is a handbook entitled to special distinction in election cases, and 
 is the more authoritative on account of suggestions made to the editors 
 during the progress of the work by Mr Baron Martin and Mr Justice 
 Willes, whose decisions on the trials of last year carried with them the 
 respect of all parties. The work includes notes on the Irish trials 
 and the single Scotch scrutiny ; but the English practice is, of course, the 
 most important, and will be the guide for agents in future electoral 
 litigation." Lincoln, Rutland, and Stamford Mercury. 
 
 "We commend it to the attention of persons desirous of getting a 
 popular notion of the result of the substitution of Election Judges for 
 Election Committees." The Examiner and London Beriev:. 
 
 " This book is rendered valuable by giving us, in a condensed form, the 
 opinions of the different Election Judges, and the various clauses as ex- 
 pressed in their respective judgments. . . It only remains to be said, 
 that the authors have ua d]jtHf ii^ u f'''- > tagti>U%Mp ^ suggestions from 
 both Mr Baron Martin and foAllfetiJf\Wl*E^Wl* doubtless their book 
 will speedily !IC ^TW |V'PJB^J^Y ul O'F^'(5A'tiIPOiUl(i4 Derby- 
 
 LOS ANGELES 
 
 LONDON : DAVIS & SON, 57 CAREY ST., LINCOLN'S INN, W.C.
 
 A 000689164 
 
 LAW OF LANDL.GKU AINU 
 
 7;i 8rv (1871), price Us. doth lettered, 
 A MANUAL OP THE 
 
 LAW OF LANDLORD AND TENANT. 
 
 BY 
 
 HORACE SMITH, B.A., of Trin. Hall, Cambridge, and of 
 the Inner Temple, 
 
 AXD 
 
 THOMAS SPOOXER SODEN, M.A., of Exeter College, Oxford, 
 and of the Middle Temple, Esquires, Barristers-at-Law. 
 
 UNDER THE EDITORSHIP OF 
 
 LEWIS W. CAVE, B.A., of Lincoln CoUege, Oxford, and of the 
 
 Inner Temple, Esquire, Barrister-at-Law, 
 Editor of "Addison on Contracts," " Burn's Justice of the Peace." 
 
 " It is not ambitious in its plan. It aims only at being a ' practical manual ' 
 As already stated, it seeks only to give the effect of the enactments and decisions. 
 The book, indeed, is meant as a substitute for Woodfall's Landlord and Tenant, 
 a book which has become overgrown with the additions of successive Editors. ID 
 is a summary of the law, whicu will not supersede the larger and more elaborate 
 work, but which still will be useful for its own purposes as an abridgment. We 
 have given a few specimens of the book, and the reader will see its style; neat, 
 terse, concise ; not entering into deep questions, or into reasons or principles. . . 
 The result is a compact, useful book, a readable, practical Manual of the Law of 
 Landlord and Tenant." The Times. 
 
 " Mr Smith and Mr Soden have done much more than merely secure the authen- 
 ticity of their work, they have contrived bes.des to give to their style the charm 
 of art without either the cumbrous-ness of artificiality or the perplexity of 
 involution. . . Who can examine the index to Smith and Soden's work, under the 
 title ' Xotice to quit,' and not be pleased and gratified, and also most materially 
 assisted by their lucid subdivisions, and the full entries of most important matters 
 under each ?" Law Magazine. 
 
 ".The design of the present book has considerable originality, and forms a 
 capital framework for the orderly reception of the great mass of materials for 
 which it had to provide. . . The plan of arrangement is always the most important 
 consideration in a manual, and to the one we have described we give unqualified 
 praise. . . Altogether the Authors and Editor have been remarkably successful in 
 grappling with the difficulties of a manual on the wide and intricate subject of 
 Landlord and Tenant." Law Journal. 
 
 " Mr Cave's book is well arranged and well indexed. . . Certainly more expla- 
 nation is given of the reasons of the law, thereby materially assisting the reader 
 in its application to cases not expressly referred to, and the medium between 
 giving too much and too little history seems happily hit off. Again, we think 
 the references to the recent cases of the last few months are rather more com- 
 plete, as we noticed one or two given by Mr Cave but not by Mr Fawcett. Again 
 Mr Cave gives reference to some 2000 as against 1600 or so, referred to by Mr 
 Fawcett. . . Mr Cave's book treats rather better some points likely to arise in 
 
 the Common LajpCourts (notably the subject of distress), and therefore might 
 probably be rather better suited to the wants of practitioners in those Courts." 
 Solicitors' Journal. 
 
 LONDON : DAVIS & SON, 57 CAREY S^T., LINCOLN'S INN, AV.C.