39,40 Geo. III. c. 10. CLASS II. PILOTS, SALVAGE, AND BALLAST LIGHTERS. 39 and 40 Geo. III. Cap. 10. Royal Assent, 4th April, 1800. An Act for the appointment and regulation of Pilots for the conducting of ships and vessels into and out of the port of Kingston-upon-Hull; and for ascertaining the Salvage for Anchors, Cables, and other ships materials, found in the river Humber; and for the better ascertaining the tonnage of ballast lighters employed at the said port. 1. WHEREAS the corporation of wardens, elder brethren, and assistants of the guild or brotherhood of the Trinity House of Kingston-upon-Hull, have for a long period of years, by usage, as well as by virtue of letters patent or charters granted to them by the crown, exercised the power of appointing pilots to conduct ships and vessels from the river Humber to cross the seas, or to pass from the said river Humber beyond Flamborough Head northward and Wintertonness southward; but they are not invested with sufficient powers to prevent other persons from acting as pilots within the said limits: and whereas it would greatly tend to the safety of ships and vessels sailing or trading from and to the port of Kingston-upon-Hull, if effectual powers were given for appointing and regulating of pilots for conducting of such ships and vessels between the said port and the sea, and for a small distance out at sea; and for preventing persons not so appointed, from acting as pilots of any such ships and vessels, or of any ships or vessels destined from the said port to cross the seas, or to pass beyond Flamborough Head northward, or Wintertonness southward; and also for settling and ascertaining the salvage for anchors, cables, and other ships materials, found in the said river Humber; and for the better ascertaining the tonnage of ballast lighters employed at the said port: 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 the authority of the same, That it shall be lawful for the wardens, elder brethren, and assistants of the said Trinity House, and they are hereby authorised and empowered from time to time, by writing under their common seal, to licence and appoint such persons as they shall, upon examination touching their skill and abilities, approve of and think properly qualified for that purpose, to be pilots for the conducting of ships and vessels into and out of the port of Kingston-upon-Hull aforesaid, and upon any part of the river Humber below the said port, and so far out at sea as to bring the Northness of Dimlington on the coast of Holderness to bear or be seen a sufficient distance clear or open of the land to the southward thereof, so as to pass clear of the New Sand; and the persons so licensed shall for the purposes of this act be called river pilots; and if any person, without having such licence to act as a river pilot as aforesaid, shall, after the expiration of one calendar month from the passing of this act, take upon himself to conduct or pilot any ship or vessel into or out of the said port, or at any place between the said port and the place at sea where the said Northness of Dimlington bears as aforesaid; or if any person, other than such as shall have been examined and declared by the said wardens, elder brethren, and assistants, under their common seal, to be properly qualified and capable of conducting ships and vessels as a pilot at sea, shall, after the expiration of c. 10. the said one calendar month from the passing of this act, take upon himself 39, 40 Geo. III. to act as pilot of any ship or vessel destined on a voyage from the said port of Kingston-upon-Hull, in conducting such ship or vessel from the place near the entrance of the said river Humber, where the said Northness of Dimlington bears as aforesaid, to cross the seas, or to pass from Flamborough Head northward, or Wintertonness southward; every such person shall respectively forfeit and pay, for every such offence, any sum not exceeding twenty pounds. II. Provided always, That nothing in this act contained shall extend to oblige the master or other person having the command of any ship or vessel outward bound, after she has been piloted out of the said river Humber to sea, to employ or make use of any pilot to conduct such ship or vessel to cross or pass further out at sea: or to oblige the master or other person having the command of any ship or vessel in the coal trade, or other coasting trade, whether laden or in ballast, or of any British ship or vessel of less than six feet draught of water, or of any ship or vessel coming into any of the roadsteads within the said river Humber for the purpose of shelter, or of obtaining stores or provisions only, to employ or make use of any pilot; nor to prevent or hinder any owner, part owner, master, or mate of, or any person belonging to any ship or vessel inward bound, from conducting or piloting the ship or vessel to which he shall belong, into and up the said river Humber, in case none of the said river pilots shall be ready and offer to conduct and pilot the same; nor to prevent or hinder any person or persons from assisting any ship or vessel in distress. III. And be it further enacted, that every person who shall be licensed as a river pilot by virtue of this act, shall, for his first licence, pay to the treasurer, or clerk to the commissioners appointed in or by virtue of this act, any sum not exceeding six guineas, and for every licence which shall be afterwards granted to the same person, any sum not exceeding three guineas, at the discretion of the said commissioners, for the purposes of this act; and every such person shall be subject to the several clauses, regulations, and provisions in this act contained, and to such orders, rules, and by-laws as shall be made in pursuance hereof: provided always, That no licence to be granted in pursuance of this act, shall continue in force for more than one year from the date thereof. Certain Vessels may be piloted by the Masters, &c. Pilots to pay for their first License Six Guineas, and afterwards Three Guineas, Trinity House may suspend or dismiss Pilots. ⚫ IV. And be it further enacted, That it shall be lawful to and for the said corporation of the Trinity House, by writing under their common seal, at any time to suspend, discontinue, or vacate the license granted to any such river pilot as aforesaid, who shall refuse or neglect to take the charge or conduct of any of his Majesty's ships, or shall behave improperly in the discharge of his duty in the execution of this act, whether such refusal, neglect, or improper conduct shall be made a subject of complaint by the said commissioners to the said corporation in pursuance of this act or not. V. And be it further enacted, That from and after the passing of this act, Commissioners. the mayor, recorder, and aldermen of the town or borough of Kingstonupon-Hull for the time being, the said wardens, elder brethren, and assistants of the said Trinity House for the time being, together with Edward Anderson, John Boyes, Christopher Briggs, Christopher Bolton, Jonas Brown, John Burstall the younger, Henry Coates, William Collinson, John Collinson, Edward Foster Coulson, Edward Finley, Joel Foster, Andrew Hollingworth, Benjamin Hickson, George Knox, Daniel M'Pharson, Peter Middleton, John Robinson ship owner, John Todd merchant, Richard Terry, and Robert Wilkinson, shall be, and they are hereby constituted and appointed commissioners for carrying into execution the several powers and authorities by this act directed to be done and performed by them; and that all acts, matters, and things hereby authorised or directed to be done and executed by the said commissioners, may be done and executed by any five or more of them, (being the major part of the said commissioners assembled at their respective meetings, to be held for the purposes of this act,) and the same shall be as valid and effectual as if done or executed by all the said commissioners. VI. And be it further enacted, That the said commissioners shall, and they First Meeting of are hereby authorised and required, within one calendar month after the pas- Commissioners. sing of this act, to meet in the guildhall within the said town of Kingstonupon-Hull, upon three days notice being given by the said mayor, or theacting warden of the said Trinity House, or his deputy, unto the other of the said commissioners, of the day and hour of such meeting; and the said commissioners shall, at such first meeting, adjourn themselves to meet at such convenient place, within the said town of Kingston-upon-Hull, at any time within seven days from the said first meeting as they shall see proper, (of which meeting by adjournment three days previous notice shall be given to all the said commissioners;) and the said commissioners herein before particu. larly named, and also the commissioners to be appointed as hereinafter mentioned, shall continue commissioners for the term of three years from the passing of this act, or the date of their respective appointments, as the case shall be; and also until they shall be re-appointed commissioners, or until other persons shall be chosen in their respective places by virtue of this act; and all instruments for the appointment of persons to be commissioners as aforesaid, shall be entered in a book to be kept by the clerk to the said commissioners. VII. And be it further enacted, That the said commissioners shall at such first or any other meeting to be held for the execution of this act, by an instrument in writing, under the hands of the said commissioners, or any five or more of them, elect, choose, and appoint a treasurer and clerk, and such other officers as the said commissioners shall think proper and necessary for the execution of this act, who shall continue in their respective offices only during the pleasure of the said commissioners, and shall appoint and settle such salaries or other allowances to such clerk and other officers to be appointed as aforesaid, as the said commissioners shall judge necessary and reasonable; and the said commissioners shall and are hereby required to take such security from every such treasurer, for the due and faithful execution of his office, as they shall think proper. VIII. Provided always, and be it further enacted, That every commissioner above particularly named shall, at the first meeting of the said commissioners, or within seven days then next following, subscribe an instrument in writing, to be provided for that purpose, acknowledging his acceptance of the said office; and that every person who shall hereafter be appointed a commissioner in pursuance of this act shall, within ten days next after such appointment, and notice in writing to him given thereof by the said clerk, attend at the time and place appointed in and by such notice, and subscribe his name at the foot of the instrument above-mentioned, acknowledging his acceptance of the said office; and in case any person named or appointed a commissioner as aforesaid shall refuse or neglect to acknowledge his acceptance of the said office as aforesaid, his nomination by this act, or his appointment to be hereafter made, as the case shall be, shall be void and of none effect. IX. And be it further enacted, That all the subsequent meetings of the said commissioners shall be at some convenient place within the said town of Kingston-upon-Hull, to be appointed by the said commissioners, on the first Thursday in every month in the present and every subsequent year, and at such intermediate time and times, and at such place or places, as the said commissioners shall appoint by adjournment at any of such monthly meetings, of which adjournment notice in writing shall be sent by the clerk to the usual places of abode of all and every the said commissioners then residing in the said town of Kingston-upon-Hull, or the suburbs thereof, at least two days before the time appointed for every such adjourned meeting. X. And, for the supplying a sufficient number of commissioners, and also a treasurer and clerk for the purposes of this act, be it further enacted, That when any of the said commissioners herein before particularly named or to be appointed as hereinafter mentioned, shall die or refuse to acknowledge his acceptance of the said office as aforesaid, or shall have acted as a commissioner in the execution of this act for the term of three years, or shall be elected an alderman of the said town or borough, or an elder brother or assistant of the said corporation of the Trinity House; or in case any treasurer or clerk to the said commissioners shall die, resign, or be removed by the said commissioners, then and in every such case any five or more of the remaining commissioners (whereof the said mayor, or acting warden or his deputy shall be one,) although not assembled at a meeting to be held in pursuance of this act, may appoint a meeting of the said commissioners in the guildhall, in the town of Kingston-upon-Hull aforesaid, for the appointment of a new commissioner, treasurer, or clerk, to supply the place of every such commissioner, treasurer, or clerk as aforesaid; and shall make c. 10. known the time and purpose of such meeting by affixing notice thereof in 39,40 Geo. III. writing on some conspicuous part of the said Guildhall and Trinity House, and also on the Custom-House in the said town, and by sending notice thereof to such of the said commissioners as shall be resident within the said town, at least three days before the time of such meeting; and the major part of the commissioners assembled at the time to be appointed for such meeting (the whole number present not being less than five, and the said mayor, or acting warden or his deputy, being one) shall, by writing under their hands, appoint a commissioner in lieu of every commissioner who shall be dead, or refuse or neglect to acknowledge his acceptance of the said office, or have acted for the term of three years, or been chosen an alderman, elder brother, or assistant as aforesaid, or a treasurer or clerk in lieu of such as shall die, resign, or be removed as aforesaid, as the case shall require; and every person who shall be so appointed shall from thenceforth be a commissioner, or treasurer, or clerk for the purposes aforesaid; and every such commissioner shall have the same power and authority in all matters and things relating to this act, as if he had been expressly named and appointed in and by this act; and every such appointment shall be entered in a book to be kept by the clerk to the said commissioners. others. Pilots misbe having to forfeit not exceeding 20£.; And, on XI. And be it further enacted, That every such river pilot as aforesaid, Pilots to assist shall at all times afford every assistance in his power to any of his Majesty's King's Ships in ships, and when any of them shall by signal or otherwise appear to be in preference to want of a pilot, shall go to assist and pilot such ships in preference to any other ship or vessel whatsoever; and in case any such river pilot shall refuse or neglect to take the charge or conduct of any of his Majesty's ships, or any other ship or vessel whatsoever, upon a proper signal being made, or a gun or guns fired by any ship or vessel inward bound, or at the request of the master, commander, owner, agent, or consignee of any ship or vessel outward bound; or if any such river pilot shall refuse or neglect to give every assistance in his power to any ship or vessel in distress, or in want of any extra assistance; or in case it shall appear to the said commissioners that any such river pilot shall have misbehaved himself in the conduct of any ship or vessel, or in the execution of his duty as a river pilot; or if any such river pilot shall (without some reasonable excuse) refuse to obey any summons issued in pursuance of the order of any five or more of the said commissioners, requiring his appearance before them or to obey such orders as shall be made and passed at any of their meetings for the purposes of this act, every such pilot shall forfeit and pay any sum not exceeding twenty pounds for every such offence; and if the said commissioners, upon examination of the cause of complaint, shall think that the pilot so offending should be suspended or broke, and shall state the matter of complaint and such their opinion to the said corporation of wardens, elder brethren, and assistants, the said corporation are hereby required to enquire into the matter of complaint, and upon proof of the offence complained of, by the oath of any credible witness, (which oath the said mayor and aldermen, acting warden or his deputy, elder brother or assistant, or any one of them, is hereby empowered to administer,) according to their discretion, either to suspend or to entirely break and dismiss such pilot, and declare his licence to be void; and such pilot shall be accordingly either suspended, or broke and dismissed, and his licence shall be from thenceforth utterly void, as the case shall be; and if any such river pilot, after being suspended, or broke and dismissed as aforesaid, and notice thereof in writing, signed by the clerk, given to such pilot, or left at his usual place of abode, shall during the time of such suspension, or after such dismission, take upon himself to pilot or conduct any ship or vessel into or out of the said port of Kingston-upon-Hull aforesaid, or upon any part of the said river below the said port, or out at sea between the entrance into the said river and the place where the Northness of Dimlington bears as aforesaid, he shall forfeit and pay, for every such offence, any sum not exceeding twenty pounds. Commissioners to the Trinity House, to be suspended, or dismissed. XII. And, for ascertaining the rates to be paid to the said river pilots Rates for piloting for the conducting or piloting any ships or vessels as aforesaid, be it further British Ships, enacted, That no greater rates shall be demanded or taken by any such river pilot, than what shall be from time to time ascertained, fixed, and settled by the said commissioners at any of their meetings, so that the rate c. 10 39, 40 Geo. III. so to be ascertained, fixed, and settled for piloting or conducting any ship or vessel belonging to any of his Majesty's subjects, into the said port of Kingston-upon-Hull, from the place at sea where the Northness of Dimling. ton bears as aforesaid, be not less than three shillings nor more than five shillings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot; and for piloting and conducting any such ship or vessel into the said port from the place within the said river Humber where the Spurn Lighthouse bears north-east, or from any distance within the said river Humber to the buoy of the Burcome, not less than two shillings and sixpence nor more than three shillings and sixpence for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot; and for piloting and conducting any such ship or vessel into the said port from the distance of the said buoy, not less than two shillings nor more than three shillings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot; and for piloting and conducting any such ship or vessel into the said port from Whitebooth Road to the said river Humber, not less than one shilling nor more than two shillings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot; and for piloting and conducting any such ship or vessel from the said port, so far out to sea as to bring the said Northness of Dimlington to bear as aforesaid, not less than three shillings nor more than five shillings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot. Rates for piloting Commissioners empowered to vary and regulate the prices of Pilotage. XIII. And, for ascertaining the rates to be paid to the said river pilots, for the conducting or piloting any alien ship or vessel, be it further enacted, That no greater rates shall be demanded or taken by any such river pilots, than what shall be from time to time ascertained, fixed, and settled by the said commissioners, so that the rate to be ascertained, fixed, and settled, for piloting or conducting any ship or vessel belonging to aliens into the said port of Kingston-upon-Hull, from the place at sea where the Northness of Dimlington bears as aforesaid, be not less than five shillings nor more than seven shillings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot; and for piloting and conducting any such alien ship or vessel into the said port from the place within the Humber where the Spurn Lighthouse bears north-east, or from any distance within the said river Humber to the buoy of the Burcome, not less than four shillings nor more than five shillings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot; and for piloting and conducting any such ship or vessel into the said port from the distance of the said buoy, not less than three shillings nor more than six shillings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot; aud for piloting and conducting any such ship or vessel into the said port from Whitebooth Road in the said river Humber, not less than one shilling and sixpence nor more than three shillings for every foot of water such ship or vessel sball draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot; and for piloting and conducting any such alien ship or vessel from the said port so far out to sea as to bring the said Northness of Dimlington to bear as aforesaid, not less than five shillings nor more than seven shillings for every foot of water such ship or vessel shall draw, and so in proportion for the fraction of a foot, such fraction not being less than half a foot. XIV. Provided always, That in any of the cases aforesaid, or hereinafter mentioned, if the fraction of a foot shall exceed half a foot, the same, in ascertaining the rates, shall be deemed and considered as half a foot. XV. Provided always, and be it further enacted, That in ascertaining the said respective rates the said commissioners shall be, and they are hereby authorised and empowered at their discretion, to vary and alter all or any such rates of pilotage aforesaid, and also to determine what shall be considered the different seasons of the year, if the said commissioners should determine to make a difference of rate according to the season of the year, |