53 G. 3. c. 87. flotsam, jetsam, or lagan, or his or her agent or servant, or by any vice-admiral or his deputy or agent, or by any officer or other person whatsoever acting by or under the authority of the said recited acts or of either of them, shall be of so perishable a nature, or so much injured or damaged that the same cannot be kept, then and in every such case, such goods shall and may at the request of any of the persons interested or concerned therein, or in the saving and preserving thereof, by and with the consent and approbation of some justice of the peace not interested or concerned in the same, or in the saving or preserving thereof, and in the presence of such justice, or of some person for that purpose specially appointed by such justice, be sold by public auction, or private contract, as such justice may direct by some writing under his hand, which writing shall contain an accurate and particular account of the goods, and of any marks that may be thereon, or other particulars belonging thereto, and of the times and places of the finding and intended sale thereof; and the money raised by such sale, after defraying the reasonable expenses of the sale, to be settled and allowed by such justice, shall be deposited and remain in the hands of the lord or lady of the manor, or other person, or deputy vice-admiral who would have received the custody of the goods so sold, to abide and be subject and liable to the claims of all persons in like manner as the goods themselves would be subject and liable if remaining unsold: provided always, that all persons required to transmit reports to the deputy vice-admiral, of the finding of any goods, shall in case of any such sale as last aforesaid, likewise transmit to such deputy viceadmiral, an account of such sale and of the proceeds thereof; and the said deputy vice-admiral shall forward such reports to the secretary of the Trinity House of Deptford Strond, within the like periods, and under and subject to the like penalties and forfeitures for any neglect therein, as in cases of any goods found and required to be reported under the provisions of the said re Money to be deposited in the hands of the lord of the manor, &c. Carriages may pass over the lands near the coast where ves sels are wrecked for the preserva tion of the wreck, &c. cited act and this act. § 4. Enacts, that it shall be lawful for the deputy vice-admiral of the part of the coast where any ship or vessel shall be stranded or wrecked, or where any wreck of the sea or goods shall be cast on shore, and for his agent, and also for the owner or master of any such ship or vessel, and for the owners of any such goods, or of any part thereof, and for any officer of the customs or excise, and other officer, and for all persons whatsoever employed or acting in aid of or in the assisting of any such deputy vice-admiral, officer, master, or owner as aforesaid, in the saving or recovering any such ship or vessel, or the cargo, stores, tackle, or other articles belonging to the same, or the preserving the lives of the crew or persons belonging thereto, or of any wreck as aforesaid, to pass and repass with their horses, carts, carriages, or servants over any lands near to the part of the sea-coast where such vessel shall be so wrecked or stranded, or on which such wreck shall be cast, without interruption or obstruction by the owner or occupier thereof, for the purpose of rendering assistance in saving, recovering, and preserving any such ship or vessel, or goods or stores, or any cables, anchors, spars, masts, cordage, or other tackle or articles belonging to any ship or vessel, or for saving or otherwise assisting in preserving the lives of the crew, or of any. persons on board of any such ship or vessel, or for the taking 55 G. 3. c. 87. possession of, and securing for the benefit of the owners thereof, of any wreck or goods, or other things cast on shore, or found on shore, or found near thereto, provided there shall be no road by which the parties may pass and repass with as much convenience and expedition as over such lands, and also to place any planks, timber, or any part of the wreck, or any goods or stores removed or saved from any such ship or vessel, or any other wreck or goods aforesaid, upon any such land for a reasonable time, until they can be removed to some warehouse or safe place of deposit, making compensation to the occupier of such lands for any damage done by the means aforesaid, which compensation shall be a charge upon the wreck or goods in respect whereof the damage may be done, in like manner as salvage; and in case the parties cannot agree as to the amount thereof, then the same shall be ascertained and settled by two justices of the peace, or of a third person to be named by them, in such manner, and within such times as the amount of salvage is directed to be ascertained and settled by the said recited act in the 49th year of his said majesty's reign. § 5. Enacts," that if any owner or occupier of any land or premises, over which any person is authorised by this act to pass and repass, for any of the purposes in this act before mentioned, shall interrupt, impede, or hinder any such person from passing over his land or premises with horses, carts, carriages, and servants, for the purposes in this act before mentioned, or any or either of them, by locking his gates, or refusing upon request to open the same, or otherwise, or shall obstruct or hinder the placing any wreck, goods, stores, or other articles upon his land, or shall prevent their remaining there for a reasonable time, until the same can be removed to some warehouse or safe place of public deposit, such occupier shall forfeit and pay to any person who will sue for the same the sum of 100l. to be recovered by action of debt. §6. And whereas questions have arisen as to the jurisdictions of the Courts of record at Westminster, and of the high Court of admiralty, in cases of salvage of ships and goods performed between high and low water mark; it is therefore enacted, that any question in relation to salvage of any ship or vessel, or of any goods, which shall be performed between high and low water mark, shall from and after the passing of this act be, and be deemed to be within the jurisdiction or cognisance of the high Court of admiralty, or of his majesty's Courts of record at Westminster, any thing in any act or acts of parliament to the contrary notwithstanding. Penalty on refusing persons so employed from passing over lands. Questions of salvage within the jurisdiction of the High Cour of admiralty or the Courts of record at West minster. §7. Enacts, that in every case in which any damage shall be In case of dadone by any foreign ship or vessel to any British ship or vessel, foreign vessel in mage done by a barge, boat or other craft, or any buoy or beacon in any harbour, harbour, &c. port, river, or creek, and it shall appear on a summary appli- any of the cation made to any judge of any of his majesty's Courts of judges may record at Westminster, or to the judge of the high Court of cause the vessel admiralty respectively, that such damage or loss has probably to been sustained or arisen by the misconduct or negligence of the master or mariners of such foreign ship or vessel, then and in undertake to apsuch case it shall be lawful for such judge to cause such foreign pear defendant to be arrested ers, &c. shall in any action. 53 G. 3. c. 87. ship or vessel, being in any harbour, port, river or creek, to be arrested and detained until the master or owner or consignee, or some agent of the owner, master, or consignee of such ship or vessel, shall undertake to appear and be defendant in any action which may be brought for such loss or damage, and give such sufficient security by bail or otherwise, for all costs and damages if recovered, as shall be directed and ordered by such judge, if it shall upon the trial of such action or suit appear that such loss or damage shall have arisen from such negligence or misconduct as aforesaid; and in such action or suit the person giving security shall be made defendant, and shall be stated to be the owner of the foreign ship or vessel doing such damage; and it shall not be necessary in any such action or suit to give any other evidence of the liability of such person to such action or suit, than the production of the order of the judge, made in relation to such security as aforesaid. Penalties how recoverable. 48 G. 3. c. 104. 52 G. 3. c. 39. Who shall be licensed as a pilot. Penalty for By § 8. All penalties and forfeitures above the sum of 20%., or which by the said acts or any or either of them, or by this act, are made to be recoverable by action or suit, shall and may be sued for and recovered in any of his majesty's Courts of record at Westminster. By 48 G. 3. c. 104. The former acts relating to pilotage within the jurisdiction of the Trinity House and Cinque Ports, viz. 3 G. 1. c. 13. 7 G. 1. c. 21. 5 G. 2. c. 20. 43 G. 3. c. 152. 47 G. 3. stat. 2. c. 70. were repealed, and various regulations were therein enacted: and by 52 G. 3. c. 39. the provisions of the 48 G. 3. c. 104., and all other acts relating to pilotage within the jurisdiction of the Trinity House and liberty of the Cinque Ports, were repealed. § 2. Relates to licensing pilots. §3. To their rates of payment, which are set down in a table in the act. § 32. Saves districts having separate jurisdictions. And tables of rates are subjoined to the act. [So many of the remaining sections of the act, as are thought material in this work, are here inserted.] § 5. No person shall be licensed by the Trinity House as a pilot for the rivers of Thames or Medway, or the channels leading thereto or therefrom, under this act, who shall not have served as mate for three years on board a square-rigged vessel, or been in the actual command of a square-rigged vessel for one year, or been employed in the pilot service of the Trinity House for seven years, or served an apprenticeship of five years to some pilot vessel licensed under this act; and no person shall be so licensed, or be allowed until after three years' licence and service, to take charge as a pilot of any ship or vessel drawing more than fourteen feet water, in the rivers Thames or Medway, or any of the channels thereof, until such person shall have been licensed, and shall have acted as a pilot for three years under lawful authority, on pain of forfeiting 10l. for every such offence, as well by the person acting as such pilot, as also by the master or commander, or other person having charge of such ship or vessel, who shall permit any such person to take charge as a pilot of the same, contrary to the provision aforesaid. 6. No person shall take charge of any ship or vessel, as a taking charge of pilot belonging to the society or fellowship of Cinque Port Pilote, before he shall be examined by the master and two wardens, or 52 G.3. c. 39. by four wardens of the said society or fellowship for the time any ship before being, touching his abilities, and shall be approved and admitted admission. into the society or fellowship of the Trinity House of Dover, Deal and the Isle of Thanet, by the lord warden of the Cinque Ports and constable of Dover castle for the time being, or his lieutenant for the time being, on pain for the first offence of 10., for the second, 201. and for every other offence 401. § 34. Any licensed pilot may supersede any person not licensed Superseding as a pilot in the charge of any ship or vessel within the unlicensed pilots. limits of his licence: and every master who shall continue to act himself as a pilot, or who shall continue any unlicensed person, or any licensed person acting out of the limits for which he is qualified as a pilot, after any pilot licensed to act within the limits in which such ship or vessel shall then actually be, shall have offered to take charge of the ship or vessel; and every person assuming or continuing in the charge or conduct of any ship or vessel without being duly licensed to act within the limits in which such ship or vessel shall actually be, after any pilot duly licensed and qualified to act in the premises, shall have offered to take charge of such ship or vessel; shall respectively forfeit not exceeding 501., nor less than 201. in the pilot's custody. § 46. No person shall take charge of any vessel, or in any man- Licence to be ner act as a pilot, or receive any compensation for acting as a registered, and pilot, unless he shall be authorised thereto by some lawful licence, nor until such licence shall have been registered by the principal officers of the custom house of the place at or nearest to which such pilot shall reside (which officers are hereby required to register the same without fee or reward), nor without having his licence at the time of his so acting in his personal custody, ready to be produced, and which he shall actually produce to the master of any ship or vessel, or other person who shall be desirous of employing him as a pilot; nor shall any person, although duly licensed to act as a pilot, act in that capacity out of or beyond the limits expressed in his licence, or beyond the extent of his qualification therein expressed, unless in the cases in this act specified, of pilots of a lower class acting in the absence of pilots of higher classes; on pain of forfeiting not exceeding 30l. nor less than 10. for the first offence, and for any second or subsequent offence not exceeding 50l. nor less than 307. § 47. On the death of any pilot, his executors or administrators, or one of them, or the person or persons to whose hands the licence of such deceased pilot shall come, shall, without wilful delay, transmit such licence to the corporation, company, or persons by whom such licence was granted, on pain of forfeiting for any neglect therein, or for refusal to deliver the same when lawfully demanded, not exceeding 201. nor less than 40s. On death of a pilot his licence shall be re turned. § 49. Every pilot boat or vessel, or other boat or vessel in the How pilot boats pilot service of any corporation or society established by law in shall be fitted. relation to pilotage, or of any persons authorised to act as a pilot by such corporation or society, shall at all times, and on every station, be fitted with black sides, and have the upper strake next the gunwale painted white, and shall, while afloat, carry a vane at the mast head, or else a flag on a sprit or staff, or in some other equally conspicuous situation; which vane or flag shall be of large 52 G. 3. c. 59. dimensions, proportioned to the size of the boat or vessel carrying the same, and shall be half red and half white, in horizontal stripes, of which the uppermost shall be white; and the same shall at all times be kept and preserved in a clean and distinct condition, so as to be easily discerned at a proper and sufficient distance; and every such boat or vessel shall also have the name of the principal pilot thereof for the time being, painted in broad white letters, of three inches in length, on a black ground on her stern, and on each bow such number as shall be expressed in the licence of such principal pilot; which name and number shall not be hid or concealed by any person, at any time, on pain of forfeiting 201. for such omission or evasion, to be paid by such principal pilot, who shall at all times be answerable for the due observance of the matters aforesaid, by every person on board such boat or vessel; and every other boat not in the service of any corporation or society carrying off a pilot, shall exhibit a similar flag on a sprit or mast, to distinguish that she has a pilot on board. Penalty on pilots declining to take charge of vessels, or exacting more than the allowed fee, &c. Pilots requiring § 50. If any boat or vessel, not having a licensed pilot on board, shall without lawful authority, carry such distinguishing vane or flag as aforesaid, the owner, or the master or other person having charge of such boat or vessel, shall forfeit 100%. § 51. Every pilot licensed by virtue of this act, or otherwise duly licensed, who shall, when disengaged, or on any frivolous pretexts, decline to take charge of any ship or vessel, unless such cause shall be shewn by the pilot as shall justify his not taking charge of the ship; or who shall decline, on being required by any captain of any of his majesty's ships, or by any officer of the society or fellowship to which such pilot shall belong, or the master or other person having the charge of any ship or vessel, to come on board of any ship or vessel: or who shall decline, when required by any commissioned officer in his majesty's navy, or by any principal officer of his majesty's customs, or by any person or persons interested as principal or agent for or on behalf of any ship or vessel wanting a pilot, to go off to and take charge of any ship or vessel, when it shall be safe so to do; or who shall exact or demand or bargain for any greater fee or reward, or any greater price or hire for pilotage, than such as are or shall be allowed by such rates or rules as are or shall hereafter be legally established in that behalf; or who shall in anywise delay going on board any such ship or vessel, or taking charge thereof when on board or alongside thereof; or who shall quit any such ship or vessel, or decline the piloting thereof after he has been engaged or after going alongside thereof, without leave of the captain of any of his majesty's ships, or of the owner, master, captain or person having the chief command of any ship or vessel, or before the service shall have been performed for which he was hired; or shall by drunkenness render himself incapable of conducting any ship or vessel, or shall negligently or wilfully run any vessel on shore, or lose the same, or do any injury to the same or to the tackle or furniture thereof; or who shall lend his licence to any unlicensed person, to enable or assist him towards acting or claiming to act as a licensed pilot; shall forfeit not exceeding 1001. nor less than 107. § 52. In case any pilot, licensed by virtue of this act, shall masters to em- employ or make use of, or shall compel or require any person |