Receiving
or offering improper rates of
pilotage.
2 & 3 Geo. 5, c. 31, s. 50.
Pilotage rate for ships leading.
2 & 3 Geo. 5, c. 31, s. 51.
Claims for
damage to Government property.
Pilot not excused for damage arising from negligence or incapacity.
594
(3) It shall be lawful for the Harbour Master at any time whatsoever to withhold the port clearance from any ship as to which a claim for pilotage dues may be made till such dues are paid or security is given for the same.
(4) Any consignee or agent (not being the owner or master of the ship), who is hereby made liable for the payment of pilotage dues in respect of any ship may out of any moneys received by him on account of that ship or belonging to the owner thereof, retain the amount of all dues paid by him together with any reasonable expenses he may have incurred by reason of the payment of the dues or his liability to pay their dues.
21. A licensed pilot shall not demand or receive, and a master shall not offer or pay to any licensed pilot, dues in respect of pilotage services at any other rates whether greater or less than the rates which may be demanded by law.
22. If any boat or ship having on board a licensed pilot leads any ship which has not a licensed pilot on board when the last mentioned ship cannot from particular circumstances be boarded, the pilot so leading the last mentioned ship shall be entitled to the full pilotage rate as if he had actually been on board and had charge of that ship.
23. Claims brought against the master, owners, char- terers, or agents, of any ship carrying a pilot for damage done by the ship to any beacou, buoy, harbour mark, mooring, or other Government property, may, without prejudice to any other mode of recovery, be recovered before a magistrate summarily as civil debt. Such claims shall be made by the Harbour Master by way of complaint in writing setting out the damage and the claim is respect thereof.
24. Nothing in this Ordinance shall be held to excuse or indemnify any licensed pilot for any damage arising from his neglect or incapacity in performing the duties of his office.
Assessor.
Application
25. In summary proceedings under this Ordinance a magistrate may, if he thinks fit, call upon the Harbour Master or Deputy Harbour Master or Assistant Harbour Master to sit with him as an assessor.
26. This Ordinance shall apply to all ships, British of Ordinance. and foreign, except ships of war and ships belonging to 2 & 3 Geo. 5, any department of His Majesty's Government, or to the c. 31, s. 61.
Colonial Government, or to any foreign state.
General penalty.
Pilotage not compulsory.
Repeal of Ordinance No. 3 of 1904.
27. Every person who contravenes any of the provi- sions of this Ordinance or of any regulation made there- under for which no penalty is specially provided shall be guilty of an offence against this Ordinance and shall upon summary conviction be liable to a fine not exceeding five hundred dollars.
28. Nothing in this Ordinance shall be deemed to make the employment of any pilot within the waters of the Colony compulsory.
29. The Pilots Ordinance, 1904, and all regulations in force thereunder, are repealed.
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