The Northern Daily Times.
Liverpool, Merseyside, England, 1856-08-22 00:00:00

THE MERCHANT SHIPPING ACT

GRAVES EICD, Wednesday.—A case of considerable
importance to the mercantile marine came betore the
bench of magistrates for this borough, at the Town-hall
to-day. Captain Joachim Vanvellow, the master of the
Prussian barque Peter Rolt, of and bound to. Danizie,
surrendered in discharge of his bail to an information
charging him with employing, and continuing to employ
an unqualified person ( a waterman) to pilot his vessel 4
Gravesend Reach, on the 18th inst., after a duly qualifies
pilot, Edward Tracy, had offered his services to t
charge of the ship. A. summons had been issued againsa
the defendant in the first instance, but he having intimate.
his intention to disobey the order, and sail away to set"
with his vessel, a warrant was issued under Jervis's Ae
and he was apprehended; he, however, was subsequently
liberated on putting in bail. Mr. Sharland, the town.
clerk of Gravesend, appeared to support the co1,1_1;
plaint. The defendant was charged with violating t",,,
pilotage clauses of the Merchant Shipping Act, tl'
353rd section of which specified the vessels that Wefe
exempted from the powers of the act. A captain of `„
exempted ship might pilot his own vessel out, and if ,
required any other person to do so, he must employ a d 6 yo,
qualified pilot, and, in default of doing so, was liable tt
the penalty provided. The charge against the defencle"to
was that he employed an unqualified person to navigs„
his ship after a duly appointed pilot had offered his see ,
vices. Double the amount of pilotage which would "
charged under ordinary circumstances was the penalty
and in order that the pilots might have that protects,
which the legislature afforded them, he asked the betted,
if the case was proved against the defendant, to imPe',
it. Mr. Edward Tracy, the complainant, said he wag •g
qualified pilot of the Trinity Board, and produced "A,
license. On Monday afternoon, the 18th inst., he wag "s,
the look-out with Dodd, another pilot, to pilot vessel
vo
He saw the defendant's barque, Peter Bolt, coming de .0
the Reach, and when they got near her they noticed :a
unqualified person was on board at the helm. (3thservor`,
him put the helm down to stay the ship, and then go f•ve
ward and let go the forebrace. Did not hear him Pea
any order to them. From his general acts he appear.th
to be acting as pilot of the ship. Went on board wttn
Dodd, produced his license to the defendant, and offered 0
take charge of the ship. Defendant replied that he ovi
not read, that he had a man on board, and that he ship
take him, the unqualified person, and no one else. dt
ordered witness out of the ship. The captain then we..'a
,to the helm. After he had tendered his services he hears
the man in charge give orders to stay the ship fromtier
north shore, to go about from the northward. The or 4
was given to the mate, who passed it to the captain, a° „.
the mate acted upon it. After he had left the st,lp P,O
advised the unqualified person to leave and cr:,me into bL,
boat. The ship on getting into the Terrace-pier, got irle`i
some difficulty. She was then brought up, and the
hoisted for a pilot. Went on board about an hour any*
half afterwards with the summoning officer, and 'to
unqualified pilot was still on board. Knew the man
was acting pilot very well, but did not know his nast.
He caused him to be turned out of the ship Orestes 1,120
Sunday week. The barque drew eleven feet of water;
pilotage would be £6 10s. By the Bench: Pilots generao
took the helm in:a narrow channel; but, had hebthe
charge of the ship, perhaps he would not have been at the
helm when he saw the unqualified person there. Heard.",
unqualified person give the orders to work the ship. 70
William Brown Dodd said he was a qualified Trinity-hetho
pilot, and accompanied the last witness on board rd
barque. Saw an unqualified person at the wheel. ilrie•
him call " haul," and he went forward and let go the le op
brace, The man was acting as pilot. When they ft,,,,e%rcl
°
the side the defendant took hold of the helm. Lot
Tracy tender his services to pilot the ship. Defend a 1
replied that he would employ whom he liked, and he
a man on board. After this refusal, heard the too
licensed person give the order " about ship," to the 1104
and captain. When this crder was given, the ca 13.00.
adopted it. Knew the man was an unlicensed per
The ship got-into- some difficulty afterwards, and brOillY,
1314
up. Returned to the ship in about an hour and a-0
and saw the unlicensed person was still on board. to
the Bench: Ships might have river help watermen,,,oo
assist the crew in working the ship, but they must 00
act as pilots. Mr. Oaks (a magistrate): It is ne'b" ag
offence to have hands on board to assist the creMte,
long as they do not act in the capaoitv of directing.
o
working and navigating of the ship ? Witness • It leZ.ce,
but if there is a waterman on board, and he
glees u'ilot.
tions to "haul'' and "go about," he is acting as a Pi,"o
By the Bench: Sometimes in cases of emergency, he the
let go the forebrace, but it was not generally -00
pilot's duty to do so. The Mayor then called 1-11141
the defendant for his answer to the complaint. rnao
defendant, in rather imperfect English, said the "lt/
ho had on board was not acting as pilots, nor did heZel4
orders for working the ship. If the man gave any e'ciDte
to the mate, he (defendant) could not be held respon"l4
for them when he did not adopt them. While his
in" a:
was in London some of the crew got sick, and, as tbo „ thehad been the captain of a collier, and had been
habit of going with vessels about the coast, he te01oot:
as a kind of helper to assist the crew, but not as a.rr,006
In going down the Reach the wind was blowing
from the north-east, and he had charge of the Ship'
The man did not give any orders to work the t 13::
When the pilot came on board, he (defendant) wag --„tite'''
wheel, and he told him that he did not require ajeolt;
Mr. Oaks : Then you mean to say that it was not its
oar'
sequence of any order from the waterman you had on u. not"
, that you altered the ship's course ? Defendant :It we-04.
Mr. Oaks ; Both the witness have stated that the dint
was acting in giving orders as the pilot, and Yag.afatitlij
that you took the man for his knowledge in na taw
ships round the coast. The bench having
Mayor said it was evident that the defendant Was steer.?
that the man was engaged to pilot the ship. They
.X/0;
fore inflicted upon him the penalty of double pilotagtee'stihl
The defendant
.paid the amount, strongly pre;lo- t
against the decision. The bench allowed the PZ,ne
penalty, minus the expenses, for his loss of t'
prosecuting the case. consulted'of.

Le Oce
THE TAURUS.—This vessel, whose loss was spe" v
the NORTHERN TIMES of Monday, is not the Tolir-
longing to Messrs. Burns and Mclver. Sii
CONSTITUTION.—The
BURNING OF THE CONS Th hull of 081'
A
Constitution, which was destroyed by fire in the •"'beiO''
and afterwards beached near Eastharo, was got off the
at yesterday's tide, and taken to the Sandon-basio•