GENERAL REGULATIONS., October 30, 1868

GENERAL REGULATIONS.

general regulation 5.

Pilot’s license; by whom to be issued.

• Pilots’ licenses shall be issued by the commissioner of customs in the name and on behalf of the Chinese government. Licenses issued to pilots not being natives of China shall subsequently be vised and registered at the consulate concerned.
• On the first of July each year every pilot shall pay the sum of ten haikwan taels for the renewal of his license. * *
• * * * By-law.—At the port of New-chwang, every pilot shall pay a fee of ten haikwan taels on receipt of his license, and of five haikwan taels for each renewal of the same.
• Every licensed pilot shall be given a printed copy of the general regulations and local rules, and shall produce the same, as well as his license, when required.

general regulation 6.

Apprentice pilots; how to be taken.

• It shall be allowable for each licensed pilot to take an apprentice, for whom he shall be responsible. On the application of pilots the harbor-master will supply apprentices with special certificates.
• When the circumstances of the port appear to demand it, the harbor-master may-authorize apprentices to act temporarily and within certain limits as pilots, provided they have received certificates of competency from the board of appointment.

general regulation 7.

Licensed pilots; to whom subordinated; unlicensed piloting, &c.

1. Licensed pilots may carry on their business singly or in companies. They must pay due respect to the wishes and instructions of the harbor-master under whose orders and control they are placed, and who is invested with power to suspend or dismiss, subject to an appeal to the consul concerned. When the pilot is a foreigner, the appeal to be lodged within three days.

If guilty of any misconduct for which consular punishment has been inflicted, or if proved to have committed any offense against revenue laws, the individual concerned may be suspended or dismissed by the harbor-master, subject to an appeal to his consul. If a foreigner, the appeal to be lodged within three days.

3. Any one piloting without a license, or making use of another’s license, shall be subject to prosecution, before his own authorities, who will deal with the offender in accordance with the laws of his country. Any pilot lending his license to another will be proceeded against and dealt with in the same way, in addition to forfeiting his license.

4. Any commanding officer employing an unlicensed person to pilot his vessel will be liable to be fined in the sum of one hundred taels by the authorities to whose jurisdiction be is amenable.

Local Rule 1.—Pilots shall not quit the port for purposes other than the performance of pilotage duties without the written sanction of the harbor-master.

The harbor-master shall have authority to provide for the presence of a sufficient number of pilots on the cruising-ground.

Local Rule 2.—Pilots desirous of leaving the port of Newchwang during the winter shall, when applying for the necessary permission, state the name of the vessel they purpose taking passage in, to what port they are bound, and the name of the individual left in charge of their interests in pilotage matters.

Local Rule 3.—In the case of pilots belonging to a company, no member of the same may, while under suspension, receive any share of or any benefit from the earnings of that company, under penalty of forfeiture of his license.

Local Rule 4.—The master of every vessel carrying off a pilot on or after the 10th of November, owing to the severity of the weather, shall pay to the pilot for the expense of return the following rates:

A guarantee to this effect shall be given to the consul of the master of the vessel previous to clearance. Pilots not returning immediately to this port, but wintering in the south, are not entitled to this compensation.

Local Rule 5.—Pilots shall not demand more or accept less money for piloting vessels than the amount authorized by the tariff.

Local Rule 6.—Pilots noticing changes in shoals or channels, or alterations of any kind n the river; or accidents to vessels, light-ship beacons, marks, or buoys; or any other occurrence concerning the harbor-master’s department, shall report the same, in wr ting, as soon as possible, to the harbor-master’s office.

Local Rule 7.—No pilot shall leave a vessel he has brought into port until she is moored with 30 fathoms of chain on each anchor.

Local Rule 8.—A pilot may not refuse to take charge of a vessel when once appointed to the same; and the manager or agent of a pilot company is bound to appoint a pilot to a vessel on application being made by the master.

A vessel making the customary signal for a pilot must be boarded and piloted, whether she be, at the time of making such signals, within the river or outside the bar.

general regulation 8.

Pilot-boats; regulations to be observed.

1. Pilot-boats shall be registered with their crews at the harbor-master’s office, where each boat will be given a certificate and number.

Tin words “Licensed pilot-boat” shall, with the number, be legibly painted at the stern and on the head of the mainsail; and a flag, of which upper horizontal half shall be yellow and the lower green, shall be flown. Such registered pilot-boats shall deposit their national papers with their consul or the customs; they shall be at liberty to move freely within the limits of the port and pilotage ground, and shall be exempt from tonnage dues. On the requisition of the harbor-master or his deputies, it will be obligatory on registered pilot-boats to convey, from place to place within the limits, employés belonging to either customs or harbor-master’s department, with such stores as may be wanted for either light-house or light-ship.

2. Every licensed pilot-boat shall pay a fee of twenty taels for renewal of license on the first of July each year. * *

* * *By-laws.—At the port of New-chwang every pilot-boat shall pay a fee of twenty haikwan taels for original license, and of ten haikwan taels for each annual renewal of the same.

3. In case of a pilot going off in an unregistered boat he will be authorized to carry the pilot-boat flag during the time he is on board; but no pilot is authorized to cruise in an unregistered boat without special permission from the harbor-master.

4. The owner or hirer of an unregistered boat, making use of a pilot-flag, and not having a licensed pilot onboard, shall be prosecuted before the authorities to whom he is amenable, or whose flag or national ensign he has the right to use.

5. A registered pilot-boat is not permitted to fly the pilot-flag save when there is a licensed pilot or certificated apprentice on board.

• Local Rule 9.—A pilot-boat proceeding temporarily to another port must be reported as about to leave the station; and on her return the fact is to be notified to the harbor-master, in writing, within 24 hours.
• Local Rule 10.—A log shall be kept on board each pilot-boat when on the cruising-ground, according to a form furnished by the harbor-master, to whom the same shall be exhibited when called for.

general regulation 9.

Flags to he exhibited on arrival.

When nearing the anchorage the pilot shall cause to be exhibited * * *—

A red and white flag, (No. 3,) if the vessel is from Hong-Kong, Japan, or any Chinese port.

A blue and white flag, (No. 2,) if from any foreign port.

A yellow and blue, (No. 10,) if the vessel is in ballast.

A red swallow-tail, (No. 5,) if the vessel has gunpowder or other combustibles on board.

* * * By-law.—At the port of New-chwang pilots shall, when nearing the anchorage, cause to be exhibited at the fore-royal masthead—

• If returning to port, No. 1 of Marryatt’s code.
• If from Tien-tsin, No. 2 of Marryatt’s code.
• If from Che-foo, No. 3 of Marryatt’s code.
• If from Shanghai, No. 4 of Marryatt’s code.
• If from Ning-po, No. 5 of Marryatt’s code.
• If from Foo-ehow, No. 6 of Marryatt’s code.
• If from Amoy, No. 7 of Marryatt’s code.
• If from Swatow, No. 8 of Marryatt’s code.
• If from Canton, No. 9 of Marryatt’s code.
• If from Formosa, No. 10 of Marryatt’s code.
• If from Hong-kong, telegraph flag of Marryatt’s code.
• If from Nagasaki, 1st distinguishing pendant of Marryatt’s code.
• If from Hiogo or Kobe, 2d distinguishing pendant of Marryatt’s code.
• If from Yokohama, 3d distinguishing pendant of Marryatt’s code.

general regulation 10.

Harbor-pilots; vessels in harbor: berthing, &c.

* * * No system for harbor-pilots exists at present at New-chwang.

1. The duties of the harbor-pilots, where such exist, * * * will be to take charge of vessels at the outer limit of the anchorage, berth them in accordance with the orders received from the harbor-master’s department, take charge of vessels shifting berths, going in or out of dock, or to and from a wharf, or out of the anchorage; and to assist in and report to the harbor-master’s office all matters concerning the shipping in port, and the conservancy of river or harbor.

2. In berthing vessels, the harbor-master will, as far as possible, meet the wishes of commanding officers and consignees; and the entrance, working, or clearance of vessels; taking berths not assigned to them shall be stopped by the customs until the harbormaster’s orders are complied with.

3. Vessels are to moor in accordance with orders received from the harbor-master, and are not to remove from the anchorage without his permission.

4. Tie harbor-pilotage fees, payable to the harbor-master, * * * are as follows:

∵ By-law.—Although the above charge is made payable by the general regulation to the harbor-master, it is to be paid, when incurred at the port of New-chwang, to the pilots themselves.

The above rules and regulations are provisional, and may be amended or added to according to circumstances.

PILOTAGE.

general regulations, local rules, and by-laws for new-chwang.

Notification No. 7.

The inspector-general of customs hereby notifies, for the information and guidance of all whom it may concern, the following amended regulations for the pilotage service in China.

By order inspector-general of customs.

The local rules and by-laws, which are inserted under the general regulations, have been drawn up at this port by the harbor-master in consultation with the treaty-power consuls.

All local rules and by-laws issued previous to this date are hereby canceled.

CHINESE PILOTAGE SERVICE.—GENERAL REGULATIONS.

general regulation 1.

By-laws and local rules.

1. By-laws and rules necessary for the better ordering of pilotage matters at the ports are to be drawn up by the harbor-masters, in consultation with the consuls and chambers )f commerce, with whom also it rests, in the same way to fix the number of pilots and tariff of charges, and define the limits of the pilotage ground.

2. The number of pilots for the port of New-chwang shall be limited to twelve.

3. The pilotage ground for the port of New-chwang shall be defined as follows, viz: A radius of five miles from the light-ship when in position at the station-moorings, reckening from the west bank of the river-entrance by the west to the southeast bank of the same outside the bar.

4. The pilotage charges shall be as follows, viz:

By-law.—Inward pilotage fees are payable within twenty-four hours of the vessel’s entering at the custom-house, but masters may refuse to pay the said fees until such time as they are assured by the harbor-master or his deputy that the vessel is properly berthed.

Outward pilotage fees are payable before the vessel leaves the anchorage.

general regulation 2.

Pilots—Individuals eligible.

The subjects, citizens, or protégés of treaty-powers shall, equally with natives of China, and without distinction of nationality, be eligible for appointment when vacancies occur by the board of appointment, subject to the general regulations now issued and the by-laws to be under them enforced at the several ports respectively.

By-law.—No person shall be accepted as a candidate for a pilot’s license who cannot produce a proper certificate of service as master or mate.

general regulation 3.

Board of appointment; bow to be constructed.

The board of appointment shall consist of the harbor-master, as president, the (or a) senior pilot, and two persons whose names shall be drawn by lot by the harbor-master, from a list prepared and published by the harbor-master in consultation with the consuls and chamber of commerce.

general regulation 4.

Vacancies; how to be filled up.

• Whenever there may be a vacancy among the pilots, it shall be duly notified in the local prints; and eight days afterward the board of appointment shall proceed to fill it up by a competitive examination.
• The board may refuse to admit to the examination any one who, having once been a licensed pilot, has had his license withdrawn, and also any candidate who is unable to produce consular certificates as to character, &c.
• The examination shall be public and gratuitous, and the vacancies shall be given to the most competent among the candidates, without distinction of nationality; provided, always, the competency of the first on the list be not relative, but absolute.
• The consul concerned may, in person or by deputy, be present and take part in the examination of candidates.
• The majority of the votes of the members of the board shall decide the admission of candidates for pilot-licenses, each member having one vote in the ballot; but in the absence of the consul concerned the harbor-master shall have a casting vote.