MASTER'S DUTY TO BRITISH PUBLIC OFFICERS ABROAD.

In discussing various parts of the master's duty to the different classes of persons whose interests he has to consider, we have seen that he is often brought in contact with his Majesty's consular officers abroad and with the Governors of his Majesty's colonies.

There are one or two points which may be added here.

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There is, for example, the master's duty as the registrar of births, marriages and deaths in the ship. Such occurrences must, of course, be logged at the time.

The particulars to be given are

In the case of births, the date, sex, and name (if any); the name, surname, rank and profession of the father; the name, surname, and maiden name of the mother; the nationality and last place of abode of each of the parents.

In case of death, the date, the name and surname, the sex, age, rank, and profession or occupation, the nationality, last place of abode and cause of death. Here, too, the medical practitioner, if there be one on board, must sign the entry. If there be no such practitioner aboard, the entry must be signed by one of the crew, as must entries of other important matters.

In cases of death on board a foreign-going vessel the superintendent at the port of discharge shall, upon arrival of the ship at the port of discharge, make inquiry into the cause of such death, and then endorse on the official log of the ship a statement as to whether or not, in his opinion, the cause of death is correctly stated in the log. If he believe it to have been the result of violence or improper treatment, he must either report to the Board of Trade, or take immediate steps to have the offender or offenders arrested, according to his view of the gravity or urgency of the case.

This enactment is expressly barred from applying to the case

(1) Of fishing-boats, except in Scotland.

(2) Of ships registered in British possessions, when within the jurisdiction of the government of that possession.

(3) Of pleasure yachts, and vessels belonging to the three lighthouse authorities in the British Islands.

The Master must render Assistance to Justice by bringing in, when homeward bound from a foreign country or any British possession, any offender, or any witnesses who may be required to give evidence in the case of such offender, on the requisition As to Marriages, see note in Appendix XI.

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of a consular officer. But the consul may not require a master to bring home more than one offender for every hundred tons of his ship's registered tonnage nor more than one witness for every fifty tons.

The master must fulfil this duty under pain of fine, and he must also, upon arrival, hand the offender over to a police officer or constable. The expense of such conveyance, and the cost of the maintenance of the offenders and witnesses, is repayable to the master who carries them, the particulars as to these persons so carried by order of the consul being endorsed by him upcn the ship's agreement.

Certain Legal Liabilities of the Ship should be mentioned, such as the result of proceeding to sea when ordered to be detained. If, in any case where a ship may be detained, a proper officer orders her detention (such officer includes any commissioned officer on full pay, either of the army or navy, any officer of the Board of Trade, any officer of customs, or any British consular officer), and she, in defiance of that order, proceeds to sea before being released by competent authority, the master and owner and any other person who sends her to sea become liable to a fine of £100, as also does any person who is privy to the commission of the offence.

If such a ship in so proceeding to sea takes with her any officer, so authorised to detain her, or any officer of customs, or surveyor or officer of the Board of Trade, the owner and master are each liable to pay all the expenses of, and incidental to, the person so taken, and to a fine of 100. This may be recovered in a summary manner. But if the offence be dealt with otherwise than by summary prosecution, the penalty may be £10 a day for every day till the officer returns, or till such time as would reasonably allow him, after leaving the ship, to return to the port from which he was taken. Such expenses can be recovered like fines under the Act.

And where, under the Act, a ship is to be, or may be, so detained, the customs officer shall, or may, refuse to grant her clearance.

The Courts have power of distress on the ship, where sums ordered by the Courts or justices to be paid as seaman's wages, fines, or otherwise, are not paid as directed, for the Courts which made such orders have, in addition to their other powers, a right to order the unpaid debt, or unpaid balance thereof, to be levied by distress on the ship and her tackle.

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CHAPTER XIII.

THE MASTER'S DUTY IN RELATION TO PILOTS, SIGNALS, FLAGS, AND LIGHT DUES.

CONTENTS.-Pilotage-Who are Liable for Payment of Dues-Pilotage, when Earned-Offences in respect of Pilotage-Unqualified PilotsWhere Unqualified Pilots may act-Pilotage Certificates for Ship's Officers-Compulsory Pilotage-A Defence in Collision Cases-Master's Duty as regards Employment of Pilot-Pilot Flags-Pilot Signals-Use of National Flag--Foreigners may not use it-Penalty for Concealing Nationality-Distress Signals-Ordinary Ships' Signals-Light Dues. Pilotage. In this country there are certain pilotage authorities, constituted in a variety of ways, which it would serve no useful purpose to discuss here. These authorities have certain statutory and other powers to fix the duties and privileges of such pilots as they respectively license in their districts. The pilotage authorities can make rules on certain points. These have the force of law so long as they are within the powers granted by the Merchant Shipping Acts and have obtained the sanction of his Majesty in Council. The most important of their duties are to fix the qualifications of their pilots and to see that those whom they employ in such capacity are equal to the standard they have laid down, to fix the limits of the districts and the rates of remuneration which shipmasters must pay to the pilots for their services. The Board of Trade also have important duties in this regard.

Who are Liable for Payment of Dues.-Pilotage dues, payable in respect of services rendered by a qualified pilot, are moneys for the payment of which there is a liability in the first place on the master and owner; after them consignees and agents, who have made themselves liable for any other charge on account of the ship at the port of arrival or discharge are liable for inward pilotage dues; and similarly other persons who have made themselves liable for any other charges on account of the ship at the port of clearance are liable for the amount of outward dues. But such persons, if they settle the debt for the ship, have a right to retain what they have paid (with reasonable costs in addition) from any moneys they may receive on account of ship or of owner.

Pilotage, when Earned.-The pilotage rate may be earned by a qualified pilot who leads a ship where there is no qualified man on board and circumstances prevent him from himself boarding her.

The master has no right to offer the pilot any sum other than his proper rate under a penalty of £10.

When taken out of his district by unavoidable necessity, or without his consent, the pilot is entitled to a payment of half a guinea a day till the time he is brought back into it. The time in regard to this matter is calculated from the time he passes the pilotage limit outwards until the day when he is brought back to the port where he was shipped, if he comes back in the vessel which took him away. If he is sent back by other conveyance he must have payment for such number of days as will reasonably cover his journey home, and he must, in addition, be allowed travelling expenses.

The pilotage rates, after a demand in writing, are recoverable as though they were fines payable under the Merchant Shipping Act.

Offences in respect of Pilotage.-There are certain offences which may be committed against the pilot in his work.

are:

These

A false declaration as to the ship's draught of water. If the master refuses to declare the draught or makes a false declaration about it himself, or is privy to the making of such a false declaration by some other person, he forfeits a sum equal to twice the amount of money which would have been payable to that pilot.

A similar offence may be committed by the master, or other person interested in the vessel, by fraudulently altering the marks which indicate the draught on the stem or stern-post of the vessel. The fraudulent making of such alteration by such a person, or the being privy to some one else's action in doing so, brings a liability to a £500 fine.

Unqualified Pilots.-A master who knowingly employs, or continues to employ, an unqualified pilot after a qualified * pilot has offered his services or signalled his willingness to take charge of the ship, is liable to a fine of double the pilotage which could be demanded for the service.

The unqualified pilot involved in such action is himself liable to a £50 fine. And it is immaterial whether the offence be committed within or without a district where pilotage is compulsory.

* "Qualified" here has been judicially construed to mean qualified to pilot the ship in question.

Where a qualified pilot supersedes an unqualified pilot the master is only obliged to pay one charge. Yet the unqualified pilot is entitled to something on account of what he has done. That something is therefore payable out of the charge of the qualified man who supersedes him. Any dispute arising as to the proportions of the charge which go to each of the two men must be settled by the pilotage authority.

Where Unqualified Pilots may Act.—There are three cases under the Merchant Shipping Acts in which an unqualified pilot may act without subjecting himself, or his employer, to any penalty. They are, first, when no properly qualified pilot offers himself, or signals his intention to do so; second, where necessity compels the master to take the best assistance available at the moment; and, third, the case where a vessel is to be moved about within the limits of a port and the employment of an unqualified man does not infringe the local regulations.

Pilotage Certificates for Ship's Officers.-Masters and mates may obtain pilotage certificates from the pilotage authorities on payment of certain fees and on passing a proper examination. Such certificates are available for a year and must then be renewed. They allow the holder to act as a qualified pilot within the district to which they refer, but only in respect of the ship, or ships, in respect of which it is granted. These, of course, include the ship of which the holder is officer, and they may also include other vessels belonging to the same owners.

Compulsory Pilotage.-Pilotage is compulsory on all hometrade passenger-ships, while navigating within the limits of any district for which pilots are licensed. For this reason, at least one officer on board such vessel usually has a pilotage certificate for the districts in which the vessel usually plies, so as to relieve her from the necessity of employing an outsider. One of the effects of this custom is to deprive the vessel, in cases of collision, of the opportunity of setting up a defence of "Compulsory Pilotage." For that defence-as will be seen in a momentmust rest on the fact that the vessel was at the time in charge of a person who was not the master nor one of the crew.

Where pilotage is compulsory, the non-employment of a pilot does not necessarily avoid the liability to pay the charges for the service; for if the master of a vessel, not being qualified himself or by his officer to act as pilot, continues to pilot the vessel himself after a qualified pilot has signalled to him, he is liable to a fine of double the amount of the pilotage that would have been payable to such pilot.

But the 605th section of the Merchant Shipping Act of 1894 makes an exception in favour of vessels passing through pilotage