Section 63
Limitation of Authority pilot’s liability when bond is given
of Bintulu Port Authority Act 1981
(1)
An Authority pilot who has given a bond in accordance with subsection (2) shall not be liable for neglect, want of skill or incapacity in office beyond the penalty of the bond and the amount payable to the Authority on account of pilotage in respect of the voyage in which he was engaged when he became so liable.
(2)
Every Authority pilot shall undertake to give a bond in favour of the Authority in such sum as the Authority considers reasonable for the proper performance of his duties under this Part and any rules or by-laws made under this Act.
(3)
Any bond given by an Authority pilot in accordance with this section shall not be liable to stamp duty.
(4)
Where any proceedings are taken against an Authority pilot for any neglect, want of skill or incapacity in office in respect of which his liability is limited as provided by this section, and other claims are made in respect of the same neglect, want of skill or incapacity in office, the court in which such proceedings are taken may—
(a)
determine the amount of the pilot’s liability and, upon payment by him of the amount to court, distribute the amount rateably among the several claimants;
(b)
stay any proceedings pending in any other court in relation to the same matter; and
(c)
proceed in such manner and subject to such directions as to making persons interested parties to the proceedings, and as to the exclusion of any claimant who has not submitted his claim within a certain time, and as to requiring security from the pilot and as to payment of any costs as the court thinks fit.
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