on the vessel (except His Majesty's ships) on account of which such claim may have arisen.

8. The rates of pilotage payable by vessels entering or leaving a port shall be fixed by the Board of Commissioners thereof, but shall be subject to the approval of the Governor in Council, and such rates, when so approved, together with a list of exemptions, shall be published in the Royal Gazette and at least one other newspaper. Any pilot exacting a large rsum for his services, or taking a less sum than is allowed by said. rates, shall forfeit for such offence the sum of eight dollars, and, when he has exacted more, shall refund the excess received by him.

9. Every licensed pilot shall carry such flag and have his boat sɔ marked and rigged as shall be directed by the Commissioners, under a penalty of twelve dollars; and every unlicensed person carrying such flag and having his boat so marked and rigged shall be liable to a penalty of twelve dollars.

10. No licensed pilot shall be taken to sea against his will, under a penalty of two hundred dollars on the master of the vessel, except when through stress of weather the same is unavoidable, in which case he shall be entitled to receive from the master or owner of the vessel payment at the rate of sixteen dollars and eighty cents a month for all the time lost, besides the usual meat, drink and a passage home from the first port the ship shall enter where the same can be obtained.

11. Any person taking charge of any vessel as pilot, and not being licensed, shall give up the guidance of said vessel to the first licensed pilot who shall board such vessel outside the limits fixed by the Board of Commissioners.

12. All ships and vessels, except His Majesty's ships, vessels belonging to the Royal Yacht Club, coasting and fishing vessels, which have not been boarded until they have come within the limits fixed by the Commissioners, shall be obliged to take or pay a pilot; and no vessel shall be deemed to be a coasting vessel and exempt from the liability of taking a pilot, unless such vessel shall have been usually employed as a bona fide coaster, or if such vessel shall have on board any part of a cargo imported in such vessel from any port or place out of this Colony or if such vessel shall be going to any place out of this Colony or to any outport to load a cargo for any foreign market: Provided that, when in consequence of stormy weather, extreme danger would arise to any boat going outside the limits aforesaid, the Commissioners may award pilotage to any pilot who

shall in such case have offered his services within the limits aforesaid, and have been rejected.

13. Nothing herein contained shall deprive any person, who may act as pilot in the absence of licensed pilots, from receiving payment for his services, according to the rates fixed as aforesaid, or to relieve any licensed or other pilot from his responsibility to answer for the amount of any loss sustained through his improper conduct in a civil action, at the suit of the party injured.

14. All penalties imposed by this Chapter, or hereafter to be imposed by any bye-law made by virtue thereof, may be sued for and recovered before a Stipendiary Magistrate or any two Justices of the Peace, and shall be levied with costs by warrant of distress of such Stipendiary Magistrate or Justices on the goods of the offender; and, in default of goods, such Magistrate or Justices shall order such offender to be imprisoned for a term not exceeding one day for every dollar in the said penalties, or until such penalties shall be paid; and one-half of such penalties shall go to the use of the person suing for the same, and the remainder to the Minister of Finance and Customs for the use of the Colony.

15. Whenever the amount of any judgment given by the said Commissioners, or of any penalty imposed by the said Justice or Justices, shall exceed twelve dollars, any party feeling himself aggrieved may appeal from the judgment of such Commissioners, or from the conviction of such Justice or Justices, to the Supreme Court, upon giving sufficient security to prosecute such appeal within a reasonable time, and to abide by and perform such judgment or order as may be made thereon.

CHAPTER 180.

Of Pilots and Pilotage for the Port of St. John's.

Commissioners of Pilots.

Respecting the licensing of pilots.
Granting of certificates.

4.-Certificate fees.

5. Power of Commissioners to make byelaws.

6.- Power of Commissioners to make regu

SECTION

13. Exemption of certain vessels from pilotage.

14. Unlicensed person may act in certain

cases.

15. Power of Commissioners in deciding disputes.

16.-Recovery of penalties.

17.

Respecting right of appeal.

18. Aplication and disposition of pilots'

fund.

1. There shall be five Commissioners of Pilots, three of whom shall be a quorum, for the port of St. John's, who shall act gratuitously, and meet at least once a month. The appointment of such Commissioners shall be in the Governor in Council. Every Commissioner shall take the following oath before a Judge or Magistrate:

“I, A. B., do swear that I will act diligently, faithfully and impartially in the discharge of the duties of a Commissioner of Pilots for the port. of St. John's."

2. There shall be twelve pilots for the port of St. John's, who shall be licensed by the Commissioners.

(1) If the number of licensed pilots, at any time after the passing of this Chapter, shall be less than twelve, the Commissioners shall license a sufficient number of persons qualified, as herein provided, to make up the number;

(2) Any person desirous of applying for examination as a pilot shall make application to the Commissioners for a nomination for examination as a pilot, and, on such nomination being granted, he shall be entitled to be examined;

(3) All candidates nominated for examination as pilots shall be examined before the Chief Examiner of Masters and Mates, under regulations to be made by the Governor in Council,

and he shall certify the result of such examination to the Commissioners.

3. On the Commissioners being satisfied by the result of such examination, as certified to them by the said Chief Examiner, that the person examined is a fit and proper person to be licensed as a pilot, the Secretary of the Board of Commissioners shall grant a certificate to such person in the following form.

proper person to take the pilotage of vessels of every description into and

out of the said port, was on the

... day of ...

A. D. 19.., by the said Board licensed to act as such pilot.

Entered in the Register of Pilots' Licenses, this

Notice. This License cannot be lent or transferred.

Secretary.

...day

4. Every certificate granted to a licensed pilot shall be numbered and registered in a book kept for that purpose, shall be in force for one year, and shall be annually renewed. Pilots shall pay fifty dollars for every such certificate and shall pay a like sum annually for renewal thereof; and in case of loss or defacing the same, not above two dollars for a new certificate. No licensed pilot shall lend or transfer his certificate under a penalty of twenty dollars for the first offence, and for a second offence he shall lose his certificate and shall not be again licensed.

5. The Commissioners may establish bye-laws for the further regulation of pilots and for extra remuneration in cases of an extraordinary

101

nature, and for the adjustment and decision of questions arising between masters of vessels and pilots and others respecting pilotage, and also respecting the salvage of anchors and cables, and may annex penalties for enforcing the same; but no bye-laws shall be in force until approved by the Governor in Council.

6. Subject to the aprpoval of the Governor in Council, the Commissioners may make regulations for the management, control and operation of the pilot cutter and for the government of licensed pilots, and for ensuring their sobriety and good conduct and constant attendance to and effectual performance of their duty on board and on shore.

7. Subject to the approval of the Governor in Council, the Commissioners may make rules for punishing any breach of their regulations by the withdrawal or suspension of the license or certificate of the pilot guilty of such breach, or by the infliction of penalties upon pilots; so, however that every such penalty be capable of reduction at the discretion of the Commissioners.

8. The rates of pilotage payable by vessels entering or leaving the port of St. John's shall be as follows, when such vessels are hailed, spoken or boarded by a licensed pilot to the southward or eastward of Cape Spear, or to the northward of Sugar Loaf, and before entering the Narrows. No steam or sailing vessel returning to the said port, through stress of weather, shall be compelled to take a pilot on her said return to the said port, nor on her second departure therefrom; provided that such steam or sailing vessel shall not have gone from or remained in such port during the whole space of three days. Nor shall any steam or sailing vessel which shall have proceeded from the port of St. John's to any other port in this Colony on the voyage be compelled to take a pilot on her said return to the said port of St. John's, nor on her second departure therefrom; provided she shall not have been gone from the said port of St. John's for three days.

On vessels under eighty tons register measurement, five dollars and thirty-five cents.

cents.

On vessels from eighty to one hundred tons, six dollars and seventy

On vessels from one hundred to one hundred and twenty tons, seven dollars and thirty-five cents.

On vessels from one hundred and twenty to one hundred and sixty