6 Ceo. 2. ther, shall for every ton, which shall appear to fall short, and for every ton, directed by the ballast-rulers, which such ballastman shall neglect to deliver, and for every ton delivered contrary to the directions of the said rulers, forfeit 2s. 6d. The said master, wardens, and assistants, shall make good to the master of such ship, c. 29. s. 4. the quantity or value of the ballast, which shall be found deficient; and in case such recompence shall not be made within ten days after the same shall be demanded, the Corporation shall forfeit 501. &c. which recompence the Corporation are empowered to stop out of the wages to such ballastmen, over and above the penalties. Bitte s. 5. No person shall oblige any ballastman to deliver ballast, which shall be directed by the rulers of the office to be carried to any other ship; and if any person shall fraudu lently receive any greater quantity of ballast, than they shall enter and pay for at the office, every person so offending, and being thereof convicted, upon oath of one witness, before a justice of peace for the city of London, or the counties of Middlesex, Essex, Kent, or Surrey, within their respective jurisdictions, shall for every ton of bal last forfeit 2s. 6d. Ditto, s. 6. If any ballastman shall refuse to work for the wages herein-mentioned, or having contracted to serve for any term, shall quit such service, or shall depart from the service of the Corporation, without giving three months' notice in writing to the supervisors of the ballast office; or shall refuse to work, or shall not work in such stations in the river Thames as the Corporation shall appoint, or shall work in any station contrary to the orders of the rulers of the office, given in writing, or shall join in any combination to raise wages, or obstruct the service of the Corporation, or the navigation of the river, every person so offending and being convicted as aforesaid, shall forfeit 51. Ditto s. 7. Ditto, s. 8. 10. The Corporation of Trinity House shall cause marks to be set on the stem and stern of every lighter, between every two gauge marks now placed on the stem and stern, that the tonnage of every such lighter may be distinguishing by a gradual progression of two tons and a half. It shall be lawful for the masters of ships, taking ballast, to meet in the square at Billingsgate, on the third Monday in June, in every year, and to adjourn as the majority of them shall think fit, and by writing under the hands and seals of the major part of them, to appoint persons, having been masters or mates of ships, to inspect the ballast lighters, which persons are empowered to examine the marks; and in case such persons shall suspect that any of the marks have been altered, and shall at the ballast office require the said lighter to be re-weighed, the Corporation shall, within ten working days after such request, cause such lighter to be re-weighed; and in case the same shall be found to be of as great tonnage, as by the marks shall be noted, the charge of such re-weighing shall be paid by the persons requiring the same; and in case such persons shall not pay the charge within ten days after such re-weighing, they shall forfeit 51. but if such lighter shall be found of less tonnage than the marks denote, the charge of such re-weighing shall be borne by the Corporation, who shall cause the marks on the stem and stern of such lighter to be placed in such manner as to denote the true tonhage; and in case the Corporation shall neglect to have such lighter re-weighed, or to make the same according to this act, the Corporation shall forfeit 501. Ditto, s. 9. No more than two lighters shall be required to be re-weighed in any one week. Ditto, sect. It shall be lawful for any master of a ship to appoint two persons belonging to such ship (whereof the mate to be one) to go on board any lighter, bringing ballast to such ship, to inspect the marks before and after the delivery of such ballast; and every ballastman shall immediately, before the delivery of ballast to any ship, trim such lighter so as to make the same swim, at equal marks at the stem and stern, and pump all the water out; and if any person working on board such lighter, shall hinder any person so appointed from going on board such lighter, or shall begin to deliver the ballast before such lighter shall be trimmed to swim at equal marks, and the water pumped out, every person so offending shall forfeit 51. 11. If any ballastman shall work, or deliver ballast, in any lighter not weighed, marked, Ditto, sect. numbered, and allowed by the Corporation; or shall alter or counterfeit the gauge mark, or the number of such lighter, he shall forfeit 101. If any ballastman shall demand and receive from any master or officer, of any ship, Ditto, sect, any money, on account of ballast, or the delivery of the same, he shall forfeit 40s. 12. 13. The ballastmen employed in the service of the Corporation shall be subject to the Ditto, sect regulations of the Corporation, provided such regulations do not extend to the lowering the wages. 14. It shall be lawful for any master of a ship to carry as ballast from London, or any Ditto, sect part of the river Thames, any dung, chalk, soap ashes, flints, clay, or other goods, now claimed to be furnished as ballast, subject to the restrictions herein-after mentioned. The master of every such ship shall first make entry at the ballast office, or with the Ditto, secs, officer of the said Corporation at Gravesend, of the said goods, and the name of such 15. ship, and of the master. At the time of such entry, the master of such ship shall pay for such licence to the Ditto, scot, Corporation Id. for every ton of the said goods. 16. 17. If any master of a ship shall put on board any of the said goods before such entry and Ditto, sect. payment, or shall ship any greater quantity than shall be so entered and paid for, he, on conviction before one justice, shall forfeit 51. &c. 18. Provided that the whole quantity of dung and compost, licensed to be shipped for the Ditto, sect. use of the coasters and colliers, does not exceed three thousand tons in any one year, to commence from the first of June; and that the whole quantity of chalk and chalk rubbish does not exceed three thousand tons; and that the quantity of soap ashes and all other commodities herein licensed, does not exceed two thousand tons, in any one year. All entries of the goods so licensed, which shall be shipped in the last seven days of Ditto, sect, May, shall be made at the Trinity House in London, and not at Gravesend. 19. It shall be lawful for any master of any ship to carry as ballast, from any part of the Ditto, sect. river Thames, any bricks, tiles, lime, or other merchandizeable commodity, without 20. paying any thing to the Corporation. This act shall be a public act, &c. This act shall continue from the first of June, 1733, for five years, and to the end of the next session of Parliament. Continued for seven years, &c. by 11 Geo. 2. cap. 12, and further continued for 11 years, and from thence to the end of the then next session of Parliament by 18 Geo. 2. p. 548, and further continued by 35 Geo. 3. c. 84. And as it has been the practice of many unthinking masters of vessels, regardless of the public welfare, to throw their ballast out any where, to the great detriment of many ports, &c. the Legislature thought proper to prevent the continuance of so prejudicial a custom, by passing the subsequent law; the preamble to which sets forth, that masters and other persons belonging to ships, coming into havens, navigable rivers, &c. do throw out their ballast, either on the shore or on the side, and below the usual sea mark, and do other annoyances, to the detriment and obstruction of navigation, &c. Ditto, sect, Ditto, sect. 25. For remedy whereof, it is enacted, that if, after June 1, 1746, any master or owner, 19 Geo. 2, or any person acting as master of any ship or other vessel whatsoever, shall cast, throw out, or unlade, or, if after the day aforesaid, there shall be thrown out, &c. of any 1 P. 404. 19 Geo. 2. vessel, being within any haven, port, road, channel, or navigable river, within England, any ballast, rubbish, gravel, earth, stone, wreck, or filth, but only upon the land, where the tide or water never flows or runs; any one or more justices for the county or place where or near which the offence shall be committed, upon information thereof, shall summon, or issue his warrant, for bringing the master or owner of the vessel, or. other person acting as such, before him, and upon appearance or default, shall proceed to examine the matter of fact, and upon proof made thereof, either by confession of the party, or on view of the justice, or upon the oath of one or more credible witnesses (which oath the said justice is to administer) he shall convict the said master, &c. and fine him at his discretion for every such offence any sum not exceeding 51. nor under 50s. &c. and for want of sufficient distress, the justice is to commit the master, or person acting as such, and convicted as aforesaid, to the common gaol or house of correction, for the space of two months, or until payment of the penalties. P. 405. 32 Geo. 2. Seet. 2. Sect. 3. Sect. 4. Sect. 5. Sect. 6. Sect. 7. Sect. 8. Sect. 9. Sect. 10, 11. The following act explaining and amending the former, passed 32 Geo. 2. The act of 6 Geo. 2. for the better regulating lastage and ballastage in the river Thames, being near expiring, it is enacted that all the powers, clauses, and provisions therein, other than such as are hereby amended, shall continue in force until the 24th of June, 1770, and from thence to the end of the then next session of Parliament. Dung, compost, soil, earth, chalk, rubbish, soap ashes, soap waste, flints, tobaccopipe clay, or other clay, or any other goods, claimed to be furnished as ballast by the Trinity House, (subject nevertheless to the payment of rates and duties, and under the provisos and restrictions afore-mentioned) may be shipped in colliers or coasters from London, or any part of the Thames, so that the same doth not exceed 3000 tons, over and above 2000 tons, allowed to be shipped by the lessees or occupiers of laystalls on the condition after-mentioned; of chalk and chalk rubbish 3000 tons, and of soap ashes and other commodities claimed to be furnished as ballast by the Trinity House, 2000 tons. Before shipping the ballast claimed by the Trinity House, the master or owner shall make a due entry at the ballast office of the Trinity House, London, or at the Trinity House, at Gravesend, (unless the ballast be shipped in the last seven days of the month of May, then the entry at London only) and of the ship's name and of the master, and at the same time to pay to the Corporation 1d. a ton for a licence. If any of the commodities be shipped before entry, or any greater quantity shipped than entered, to forfeit 51. Bricks, tiles, lime, or merchantable commodities, to be shipped without paying for licence. All lighters and other vessels employed for carrying dung, &c. on board any ship or vessel, to be first weighed, marked, and numbered, by an officer of the Trinity House, on the penalty of 51. and a gauge mark of the number and tonnage of the vessel to be painted on the stem or stern of the vessel; if removed to forfeit 51. If the gauge mark has been removed, altered, or changed, the Corporation may reweigh the lighter, and, if the tonnage is more than marked, the owner to forfeit 51. The Trinity Company to find lighters to take ballast from ships, within three days after notice from the master, unless frosty or tempestuous weather, on forfeiture of 501. The owner or master to pay 6d. per ton to the Company for lighterage. The master to forfeit 51. for unloading any ballast below high-water mark; and 40s. to be paid by any person throwing any dirt, rubbish, ashes, &c. from any wharf, quay, or bank, or from any barge or lighter. Of Pilots, Lodesmen, or Locmen. bott's Law other By these different denominations are signified the same officer, whose business it is See Abto conduct any vessel or ship into a road or harbour, over bars or sands, or through in- of Shiptricate and dangerous channels, being occasionally called in to the master's assistance ping as to when sailing as above, or by unknown shores, and diffident of his own skill and judg- points. ment; though in many parts, where the approach or entance to harbours, &c. are hazardous and difficult, the taking a pilot is not a voluntary act, but obligatory on the master, otherwise, in case of a loss, he must make it good; and the following laws are now in force concerning them in England: After a pilot is taken on board, the master has no longer any command of the ship, till she is safe in harbour, and the pilot is liable to an action for an injury done by his personal misconduct, although a superior officer is on board. (Stort. Clement's Pcakes, Rep. 107.) But when the ship is safe in harbour the master resumes the government of the same, and is to see to her bed and lying; the pilot being no longer liable, though for his own convenience he may still be. on board. The same rule holds good, if a pilot goes on board only to conduct a ship through some dangerous place, as for instance, Yarmouth Roads; after passing them, the master must resume the command, and the pilot is no longer responsible. Yet it may happen, that the pilot shall continue on board, the remainder of the voyage; for example, he may want to go to Newcastle; but he is only to be considered as a common passenger, after he has conducted the ship through the hazardous passage, for which purpose he came on board, neither can he charge any wages, salary, or fee, though he should keep the helm during the whole voyage, except for the duty done in passing the Roads. If a master of a ship finds himself in tempestuous weather, in any reputed dangerous place, usually denominated Pilot's Water, and a pilot offers to come on board, which offer he refuses to accept; the master in such cases is liable to his owners, freighters, or insurers, for the damage or loss of ship and cargo, if either happen in his attempting the passage without a pilot. The master of an English collier is held by the Flemings and the Dutch to be pilot sufficient to conduct his ship from Newcastle to their ports; accordingly, in the case of a ship freighted at Shields by a Flemish merchant at Ostend with coals for that port, he refused to allow the charge of a pilot: The aifair was referred to arbitration, the British Vice-Consul MORTIMER, being one of the arbitrators; when it appeared, that the ship was driven by stress of weather into Yarmouth Roads, which are pilot's water, and a pilot offering his service, he accepted him. Had he done otherwise, he would have been answerable to his owners for the ship if it had been lost, and to the freighter for his coals; it was therefore decided, that the freighter was bound to allow the pilotage. Pilotage is allowed in most charterparties, but not in those made for colliers in England. The 48th Geo. 3. c. 104, repeals all prior provisions relative to pilots, and contains the following regulations: An Act for the better Regulation of Pilots, and of the Pilotage of Ships and Vessels navigating the British Seas. [25th June, 1808.] Whereas ships and vessels have frequently been wrecked, and many lives and much property have been lost, from the ignorance and misconduct of persons taking charge of such ships or vessels as pilots: And whereas the Corporation of Trinity House of Present powers of the Trinity Deptford Strond have, as well by usage for more than three centuries as by grants from Deptford the crown, and under the authority of an act passed in the fifth year of the reign of his Strend. powers of Dover. late Majesty King George the Second, been empowered to appoint pilots, loadsmen, or guides, to conduct ships or vessels into and out of and upon the river of Thames, through the North Channel to or by Orfordness and round the Long Sand Head through the Queen's Channel, or other channels into the Downs, and from and by Orfordness, and up the North Channel, and up the river Thames and Medway, 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 river of Thames; in pursuance of which powers the said Corporation have from time to time Present appointed a sufficient number of pilots for the purposes before-mentioned: And whereas the Trinity there hath been time out of mind, and now is, a Society or Fellowship of pilots of the House of Trinity House of Dover, Deal, and the Isle of Thanet, who have had the pilotage and loadmanage of all ships from the said places up the rivers Thames and Medway; which said Society or Fellowship have been confirmed by various acts of Parliament for regulating the pilots of the Society or Fellowship of pilots of Dover, Deal, and the Isle of Thanet, commonly called Cinque Port Pilots, notwithstanding which many persons not having licence or authority, or competent knowledge or experience, have taken upon themselves to act as pilots for conducting ships or vessels to and from and upon the said rivers, to the great hazard of such ships or vessels and their cargoes, and the lives of their crews: And whereas the provisions of the said acts have been found inadequate to the regulation of pilotage and the prevention of such mischiefs, and it is therefore necessary that further and more effectual regulations should be made for that purpose, and that all the provisions and regulations relating to the several descriptions of pilots aforesaid should be repealed: And whereas acts of parliament have been passed for establishing separate and peculiar jurisdictions in relation to pilotage in certain ports and on different parts of the coast of England, which by reason of the same being limited have been found insufficient to answer the good purposes intended thereby, and it is therefore necessary that more effectual regulations should be made in relation to pilotage on the coasts of England: And whereas it is necessary for duly enforcing the laws respecting quarantine, on which the health of his Majesty's subjects essentially depends, that the names and places of residence of all pilots in England should be known by those whose duty it is to convey information respecting those laws from time to time to them: May it therefore please your Majesty that it may be enacted;' and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by Provisions the authority of the same, That all and every the clauses, provisions, powers, penalties, acts relat forfeitures, matters, and things relating as well to pilots appointed by the said Corpoing to pilots ration of Trinity House of Deptford Strond as to pilots of the Fellowship of Dover, [Se sta- Deal, and the Isle of Thanet, and to the pilotage by and regulation of all such pilots 13. 7 G. as aforesaid, and also as to the conduct of all persons in matters of pilotage, within the 1. c. 21. jurisdiction of the said Corporation of the Trinity House of Deptford Strond and the 20. 43 G.3 liberty of the Cinque Ports, which are contained in any act or acts of Parliament heretofore made, shall be and the same are hereby repealed, except only so far as such acts 2. c. lxx.] relate to any rates of pilotage due or to become due before the commencement of the respective new rates to be established under the provisions of this act, to any penalty for forfeiture incurred or to be incurred, or other act, matter, or thing done or to be done before the establishment of the new rules and regulations which are to be made under the provisions of this act, or before the commencement of the operations of any of the provisions of this act in relation to any such matters as aforesaid. in former repealed. tutes 3 G.1. 5 G. 2. c. c. 152. 47 G. 3. st. From Oct. 1, 1808, II. And be it further enacted, That from and after the first day of October, one |