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3. A brig, moored in the Thames, was in mid-day run into by a steamer, having a duly licensed pilot on board. The pilot ordered the engines to be stopped and reversed, but they were not reversed as promptly as they could have been. Held, that as the evidence of the engineers was not produced, the pilot was not solely to blame, and that the owners were therefore liable (o).
4. A large steamer in the Thames in charge of a licensed pilot while proceeding up the pool at nearly high tide, and at a speed dangerous to small craft, caused such a swell that a barge laden with coals was sunk. The barge was in no way to blame. The steamer was to blame for not keeping a good look out, but the pilot was solely to blame for not checking the speed, or stopping the steamer. Held, that the owners were liable, though a licensed pilot was on board, the crew and the pilot being jointly to blame (p).
5. A qualified Liverpool pilot, employed to pilot a ship into the Mersey and take her into dock, piloted her over the bar, but being unable to dock her, owing to the tide, anchored her in a clear berth in the river. While anchored and while the pilot was in charge, the ship dragged her anchor, and came into collision with a barque, solely through the negligence of the pilot. Held, that the owners of the ship were not liable for the damage to the barque (9).
$ 99. Pilotage services will confer a maritime lien, which will Pilot's re
muneration, have priority over other charges, including bottomry bonds.
compensation, The lien can be enforced in the same way as in the cases and lien. of collision (r).
A pilot is under no obligation to render pilot services on board a ship in distress, for mere pilotage reward. His duties extend only to piloting a ship in or out of port in the ordinary course of navigation ($). Should he, how
( ever, render such services to a ship in distress, he can claim extra remuneration in the nature of salvage (1).
(6) The Ripon, 6 Not. of Cas. 245.
(p) The Batavier, 9 Moo. P. C. 286.
(9) The Princeton, 3 P. D. 90.
(n) Ante, Chap. XIII. § 87, pp. 148, 149.
(s) The Frederick, 1 W. Rob. 17; The Æolus, L. R., 4 A. & E. 29;
see “ Cases" (1) at end of this $.
(1) The Anders Knape, 4 P. D. 213; see “Cases” (2) at end of this $; The Elizabeth, 8 Jur. 365; Akerblom v. Price, 7 Q. B. D. 129 (C. A.); 50 L. J., Q. B. 629; 44 L. T. 837; see Cases (3) at end of this ș ; and see Chap. XVII. $ 108, p. 183.
If the pilot be injured by the negligence of the master or crew while engaged in his duty, he will have an action against the shipowner for the injuries sustained (u).
CASES. 1. A Dutch barque took, in the channel, a waterman on board, who, though not a licensed pilot, was in the habit of piloting vessels. After he went on board, and while the barque was still at anchor, a gale came on, and the tempestuous state of the weather caused the vessel to drive, and rendered it necessary to slip the chain. The waterman, however, succeeded in bringing the barque in safety into Margate roads. Held, that his services were within the scope of his employment, and that he could not claim salvage (oc).
2. A fishing smack fell in, near the Long Sand buoy, with a foreign steamship. The steamship had been on the sands, but had got off with some damage to her rudder, and had a signal for a pilot hoisted. The master of the smack boarded the steamship, and piloted her to the entrance of Harwich harbour. Held, that the owners, master, and crew of the smack were entitled to salvage (y).
3. During a heavy storm a ship was being driven to leeward, towards dangerous sands. Her master did not know the locality, and her loss appeared inevitable. Some pilots, seeing her danger, put off to sea, at the peril of their lives, to assist her, but could not board her, owing to the height of the sea. However, by preceding and signalling her, they guided her to a safe anchorage. The ship was not damaged. Held, that the pilots were entitled to salvage (2)
§ 100. Pilots and Every pilot boat or ship is required to be approved pilot boats to be licensed,
and licensed by the pilotage authority of the district Their marks where she may be employed (a); and to bear certain disand flag.
tinguishing marks, comprising, inter alia, the name of her owner, and the port to which she belongs, on her stern, and the number of her licence on each bow, and in addition thereto when afloat a flag of a peculiar description (b). The flag must even be displayed by a qualified pilot, when
(u) Smith v. Steele, L. R., 10 (9) The Anders Knape, 4 P. D. Q. B. 125.
213. (7) The Æolus, L. R., 4 A. & E. (3) Akerblom v. Price, supra. 29.
(a) 17 & 18 Vict. c. 104, 8. 345. (6) Ib. s. 346.
carried off in a boat or ship, not employed in the pilotage service (c).
The owner or master of any ship or boat, who, not having a licensed pilot on board, displays the flag in question, renders himself liable in respect of each offence to a penalty not exceeding 501. (d).
If any master make a false declaration to the pilot as to the ship's draught of water, or if he falsify the marks on her stem or stern post, he will render himself liable to a penalty (e).
The pilotage authority of each district has power to appoint and remove the masters of pilot boats and ships ($). On their appointment they are to receive a licence, which must be produced when required by their employers (g).
An unqualified person acting as pilot makes himself Unqualified liable for each offence to a penalty not exceeding 501. (h). pilots. An unqualified pilot may, however, act as pilot in three instances, viz. (1) where no qualified pilot has offered to take charge of the ship; (2) when assistance is absolutely necessary; and (3) for the purpose of changing the moorings of a ship in port, or of taking her in or out of dock (i). However, an unqualified pilot is always liable to be superseded by a qualified pilot (7:).
A qualified pilot will incur a penalty not exceeding Offences by 1001., and be liable to suspension or dismissal for certain qualified
pilots. offences, including acting when drunk or suspended, lending his licence, declining to go off or to take charge of a vessel, refusing to conduct a ship into port, quitting a ship before performing the pilotage service, unnecessarily cutting or slipping cable or causing expense, being guilty of corrupt practices, offending against the revenue, and exercising certain trades (2) ; and by wilful misrepresenta
tion of facts, on which the safety of the ship may depend, endeavouring to get charge of her (m).
It is a misdemeanor for a pilot wilfully or through negligence to endanger the ship, or the life or limb of any person on board (n).
$ 101. Not only the owner and master, but also, in certain cases, an agent or consignee will be liable to pay the pilotage dues (o). Such consignee or agent can, however, retain the amount of the dues he so pays out of any moneys in his hands belonging to the owner (w).
Though a qualified pilot be unable to board a vessel, yet if he lead her he will be entitled to the full pilotage, just as if he had actually been on board and had charge of
A pilot demanding or receiving, or a master offering or paying, an improper sum for pilotage services, will incur a 101. penalty (ro).
A pilot may not, without his consent, be taken out to sea, or beyond the limits for which he is licensed. If taken out through unavoidable circumstances, he will be entitled to extra pilotage dues (8).
$ 102. If in localities where the employment of a pilot is compulsory a master pilots his vessel, or employs an unqualified person to do so after a qualified pilot has offered to take charge of her, he will incur a penalty of double the amount of the pilotage dues, unless he holds a pilotage certificate himself (t).
(m) 17 & 18 Vict. c. 104, 8. 367.
(0) Ib. 8. 363; ss. 380--384, as
(P) Ib. s. 364.
(9) Ib. s. 356; Akerblom v. Price, 7 Q. B. D. 129; 50 L. J., Q. B. 629; 44 L. T. 837 (C. A.).
(0) 17 & 18 Vict. c. 104, s. 358; but see 35 & 36 Vict. c. 73, s. 9.
(s) 17 & 18 Vict. c. 104, s. 357.
(1) 17 & 18 Vict. c. 104, s. 353 ; sects. 376 to 379, as to Trinity House pilots; and sects. 340 to 344, as to licensing masters and mates; The City of Cambridge, L. R., 5 P. C
In the case of a home trade passenger ship, a qualified pilot must be employed, unless the master or mate holds a pilotage certificate (u).
A passenger ship, when not carrying passengers, is under no obligation to carry a pilot. To constitute a person a passenger within the rule, the payment of the fare is necessary (v). Though there be a pilot on board, the owners will still be liable for his negligence in cases where no passengers are on board (w).
The owner and master of a ship are, in the absence of When shipcontributory negligence on the part of the master or rated by. crew (y), exempted from all liability for loss or damage occasioned by the fault or incapacity of any qualified pilot who has charge of the ship within any district where the employment of a pilot is compulsory (x). This rule will apply in cases where the pilot is not on board the ship, but on board a tug towing her (a).
To exonerate the shipowners from liability, it is not necessary that the employment of a pilot be compulsory at the spot where the accident happens, but only that he should have been compulsorily employed within the district where it happens (). 451; The Killarney, Lush. 202 ; v. Barclay, 1 App. Cas. 790; The The Earl of Auckland, Lush. 387; Diana, 4 Moo. P.C. 11; The Batavier, The l'esta, 7 P. D. 240; 51 L. J., 9 Moo. P. C. 286. P. 25; 46 L, T. 492.
(3) 17 & 18 Vict. c. 104, s. 388; (u) 17 & 18 Vict. c. 104, ss. 354, The Thames Conservators v. Hall, 355; The Lion, L. R., 2 P. C. 525; L. R., 3C. P. 416; The Hibernian,
“ Cases" (1) at end of this ș ; L. R., 4 P. C. 511; General Steam and see the Gen. Sleam Navigation Navigation Co. v. British & Colonial Co. v. London f Edinburgh Shipping Steam Navigation Co., L. R., 4 Ex. Co., 2 Ex. D. 467, as to costs. 238; (S. C.) see “Cases" (4) at end
(v) 17 & 18 Vict. c. 104, B. 303; of this ; The Princeton, 3 P. D. 90; The Lion, L. R., 2 P. C. 525; see The Clan Gordon, 7 P. D. 190; 46
(1) at end of this g. L. T. 490; 30 W. R. 691 ; The (x) The Lion, supra.
Halley, L. R., 2 P. C. 193, as to (y) The Christiana, 7 Moore, P. C. compulsion by foreign law; see 160, 171; The Lochlibo, ib. 427, “Cases" (6) at end of this s. 430; The Calabar, L. R., 2 P. C. (a) The Ocean Wave, L. R., 3 238; The City of Cambridge, L. R., P. C. 205. 5 P. C. 451; Clyde Navigation Co. (6) The General Steam Navigation