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PILOTAGE ACT 1913 - SECT 35

Limitation of pilots' liability where bond is given.

35.[(1) A licensed pilot, a person authorised to act as the assistant of a
licensed pilot by the authority who licensed the pilot and the pilotage
authority who employ a licensed pilot or such an assistant shall not be liable

(a)in the case of a pilot or assistant, for neglect or want of skill; and

(b)in the case of a pilotage authority, for neglect or want of skill by the
pilot or assistant or by the authority in employing the pilot or assistant,

Subs.(2) rep. by 1971 c.27 (NI) s.9 sch.3 Pt.I; 1979 c.39 s.50(4) sch.7 Pt.II

(3) Where any proceedings are taken against a pilot [, assistant or pilotage
authority] for any neglect or want of skill in respect of which ... liability
is limited as provided by this section, and other claims are made or
apprehended in respect of the same neglect or want of skill, the court in
which the proceedings are taken may determine the amount of the ... liability,
and, upon payment by the pilot [, assistant or pilotage authority] of that
amount into court, may distribute that amount rateably among the several
claimants, and may stay any proceedings pending in any other court in relation
to the same matter, and may proceed in such manner and subject to such
regulations as to making persons interested parties to the proceedings, and as
to the exclusion of any claimants who do not come in within a certain time,
and as to requiring security from the pilot [, assistant or pilotage
authority], and as to payment of any costs as the court thinks just.

© 1913 Crown Copyright

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