Its jurisdic tion. Want of uniformity in dif systems of In quiry. as to shipwrecks or other casualties affecting ships, and the jurisdiction and powers of such Court or tribunal, except as to the cancellation and suspension of certificates which are provided for by the above Imperial enactments, depend entirely upon the Colonial Acts or Ordinances. Having regard to the great number of our Colonial ferent Colonial possessions, to the Imperial Acts of Parliament which relate to them, and to their different systems of Legislature, it may be conceived that there is a great want of uniformity in the provisions which the Colonies have respectively made for inquiring into shipping casualties, and into the conduct of ships' officers. Our home legislation on the subject is unfortunately of so intermixed and fragmentary a character, appearing here and there in numerous Acts of Parliament, that it has hitherto presented no satisfactory model for imitation by Colonial Legislatures. It may be hoped that this drawback to the formation of a compact system of Inquiries may in course of time be removed, and in the meantime attention is being devoted to the subject in certain of the larger Dependencies, such as India. By means of communications between the Indian, and Home Governments suggestions for amendment in the proposed enactments of the former Government are made and carried into effect. A certain character and authority are thus conferred upon the Indian enactments, and so far as they are suitable to the requirements of other British possessions they may provide a system which may be conveniently adopted by the Colonial Legislatures. In the present condition of legislation throughout the British dominions, each Colony having its own peculiar system and working out that system in its details according to the special peculiarities of the judicial and executive administration of the country, a complete discussion thereof would be practically an examination in detail of the several Colonial enact&c., are set out ments. Instead, therefore, of entering upon so large an inquiry the Acts and Ordinances of the different Colonies are printed in the Appendix ("). Colonial Acts, in the Appendix. Certificates to which the The certificates to which the Imperial enactments Imperial en- relate, are such as are granted under the Merchant actments relate. (") See Appendix, page 411. Shipping Act, 1854, as extended by the Merchant The grounds upon which a Colonial Court or tribunal is empowered to suspend or cancel a certificate are: (a) That a certificated officer has been guilty of a gross act of misconduct, drunkenness, or tyranny ("). (b) That the loss or abandonment of, or serious damage to a ship, or loss of life, has been caused by the wrongful act or default of a certificated officer (©). Grounds on which a Colonial Court can suscertificate. pend or cancel a Procedure of the Colonial The other grounds for dealing with the certificates are the same as those for which the tribunals already noticed have power to cancel or suspend them (a); and it is therefore unnecessary to enter into any examination of such grounds in the present chapter. The procedure of the Colonial Courts or tribunals Courts. is entirely subject to, and controlled by, the Colonial enactments, save as to those express provisions which are contained in the 23rd section () of the Merchant Shipping Act Amendment Act, 1862. These must be carefully followed in order to render valid any suspension or cancellation of an officer's certificate. (^) See as to these certificates, Appendix, page 390. (b) 17 & 18 Vict., c. 104, s. 242, sub-sec. 5, see ante, page 149. (c) Ibid, page 150. (4) See ante, pages 88 and 139. (*) See ante, page 151. CHAPTER IX. INVESTIGATIONS BY NAVAL COURTS IN FOREIGN We have seen that under Part VIII. of the Merchant Shipping Act, 1854, as amended by subsequent legislation, provision has been made for the investigation of shipping casualties happening on or near the British coast, or the witnesses to which arrive in the United Kingdom, and further that Colonial tribunals exercise jurisdiction in cases arising within, and in some instances beyond, the limits of the Colony itself. It may frequently happen that a loss occurs near the coasts of a foreign country, or the witnesses are to be found in that country, in certain cases. and provision is accordingly made for having such cases investigated by Naval Courts. Provision for Inquiry abroad Statutory provisions. 17 & 18 Vict., c. 104, sec. 260. Naval Courts may be sum moned for hear ing complaints, and investigating wrecks on the high seas or abroad. Sec. 261. Constitution of such Courts. The statutory provisions relating to Naval Courts are the following: "Any officer in command of any ship of Her Majesty on any foreign station, or, in the absence of such officer, any consular officer, may summon a court, to be termed a 'Naval Court,' in the following cases; (that is to say), "(1.) Whenever a complaint which appears to such officer to require immediate investigation is made to him by the master of any British ship, or by any certificated mate, or by one or more of the seamen belonging to any such ship (a) : '(2.) Whenever the interest of the owner of any British ship or of the cargo of any such ship appears to such officer to require it: "(3.) Whenever any British ship is wrecked or abandoned or otherwise lost at or near the place where such officer may be, or whenever the crew or part of the crew of any British ship which has been wrecked, abandoned, or lost abroad arrives at such place.' 66 Every such Naval Court as aforesaid shall consist of not more than five and not less than three members, of whom, if possible, one shall be an officer in (*) The master is required to send any seaman or apprentice ashore, to enable him to make such complaint, 17 & 18 Vict., c. 104, sec. 232. the naval service of Her Majesty not below the rank of lieutenant, one a consular officer, and one a master of a British merchant ship, and the rest shall be either officers in the naval service of Her Majesty, masters of British merchant ships, or British merchants; and such Court may include the naval or consular officer summoning the same, but shall not include the master or consignee of the ship to which the parties complaining or complained against may belong; and the naval or consular officer in such Court, if there is only one such officer in the Court, or, if there is more than one, the naval or consular officer who, according to any regulations for settling their respective ranks for the time being in force, is of the highest rank, shall be the president of such Court." 17 & 18 Vict., c. 104, sec. 261. Sec. 262. General func of action of such Courts. Every such Naval Court shall hear and investigate the complaint brought before it, or the cause of tions and mode the wreck or abandonment, (as the case may be), and may for that purpose summon and compel the attendance of parties and witnesses, and administer oaths, and order the production of documents, and shall conduct the Investigation in such manner as to give any person against whom any charge is made an opportunity of making a defence." 66 Sec. 263. Powers of such To supersede the master: Every such Naval Court may, after hearing the case, exercise the following powers; (that is to say), Courts: "(1). It may, if unanimous that the safety of the ship or crew, or the interest of the owner, absolutely requires it, supersede the master, and may appoint another person to act in his stead; but no such appointment shall be made without the consent of the consignee of the ship, if then at the place: 66 "(2). It may discharge any seaman (") from his ship: '(3). It may order the wages of any seaman so discharged or any part of such wages to be forfeited, and may direct the same either to be retained by way of compensation to the owner, or to be paid into the receipt of Her Majesty's Exchequer in the same manner as other penalties and forfeitures under this Act: (*) "Seaman" includes every person (except masters, pilots, and apprentices) employed or engaged in any capacity on board any ship, 17 & 18 Vict., c. 104, s. 2. To discharge a seaman: 17 & 18 Vict., c. 104, sec. 263. To decide disputes as to wages, &c.: To direct costs of imprisonment wages. "(4). It may decide any questions as to wages, or fines, or forfeitures, arising between any of the parties to the proceedings: "(5). It may direct that all or any of the costs to be paid out of incurred by the master or owner of any ship in procuring the imprisonment of any seaman or apprentice in a foreign port, or in his maintenance while so imprisoned, shall be paid out of and deducted from the wages of such seaman or apprentice, whether then or subsequently earned : To send home offenders for trial. To order payment of costs, &c. Sec. 264. Orders to be entered in official log. Sec. 265. Report to be "(6). It may exercise the same powers with regard to persons charged before it with the commission of offences at sea or abroad as are by this Act given to British consular officers: "(7). It may order the costs of the proceeding before it (if any), or any portion thereof, to be paid by any of the parties thereto, and may order any person making a frivolous or vexatious complaint to pay compensation for any loss or delay caused thereby; and any cost or compensation so ordered shall be paid by such person accordingly, and may be recovered in the same manner in which the wages of seamen are recoverable, or may, if the case admits, be deducted from his wages: "And all orders duly made by any such Court under the powers hereby given to it shall in any subsequent legal proceedings be deemed conclusive as to the rights of the parties." "All orders made by any such Naval Court shall, whenever practicable, be entered in the official logbook of the ship to which the parties to the proceedings before it belong, and shall be signed by the President of the Court.' "Every such Naval Court shall make a report (") to made of proceed the Board of Trade, containing the following particulars; (that is to say), ings of Naval Courts. "(1). A statement of the proceedings, with the order made by the Court, and a report of the evidence : (2). An account of the wages of any seaman or apprentice who is discharged from his ship by such Court: (*) See post, pages 171 and 176, and Appendix, pages 582 and 585, note (b). |