Effect of orders

legal proceedings.

Report to be made to Board

seamen's wages are recoverable("), and if ordered to be paid by a seaman may be deducted from his wages(). All orders duly made by such Court under these powers are, in any subsequent legal proceedings, to be in subsequent deemed conclusive as to the rights of the parties (). Every Naval Court must, under the 265th section of the Merchant Shipping Act, 1854, make a report of Trade. to the Board of Trade (d). This report is required to be signed by the President of the Court(*), and to contain the particulars (1) named in the above section. They are also required by the 23rd section of the Merchant Shipping Act Amendment Act, 1862 (8), to make a special report as to any cancellation or suspension.

(*) Seamen's wages are recoverable: I. In England.-1. In the Probate, Divorce, and Admiralty Division of the High Court, subject to the necessity for a certificate for costs if less than £50 is recovered; (24 Vict., c. 10, s. 10), and subject to certain other provisions when less than £50 is sought, contained in 17 & 18 Vict., c. 104, s. 189. 2. In the County Court up to £150, with an appeal to the Probate, Divorce, and Admiralty Division of the High Court if over £50 decreed (31 & 32 Vict., c. 71, ss. 3, 26-31). 3. By action against the master or owners in the High Court, or up to £50 in the County Court. 4. Before two Justices or a Stipendiary Magistrate if not over £50, whose decision is final (17 & 18 Vict., c. 104, ss. 188, 519). II. In Scotland.-1. In the Court of Session where the sum claimed amounts to £50 or more, subject to the provisions of 17 & 18 Vict., c. 104, s. 189. 2. In the Sheriff's Court, or Justice of Peace Court, summarily, where the amount claimed does not exceed £50, in which case the judgment of the Sheriff or Justices is final (17 & 18 Vict., c. 104, s. 188). 3. In the Sheriff ordinary Court up to any amount, the judgment of the Sheriff being subject to review if the sum claimed exceeds £25. 4. In the Sheriff Small Debts Court up to £12

(7 Wm. IV., and 1 Vict., c. 41; 16 & 17 Vict., c. 80, s. 26). III. In Ireland.-1. In the Probate, Divorce, and Admiralty Division of the High Court (30 & 31 Vict., c. 114, s. 33), as to whether this is subject to the restrictions contained in 17 & 18 Vict., c. 104, s. 189, see 30 & 31 Vict., c. 114, s. 27, and Boyd on the Admiralty Court in Ireland, page 20. 2. The Recorders or Chairman of Quarter Sessions Court up to £200 with an appeal to the Admiralty, &c., Division of the High Court (30 & 31 Vict., c. 114, ss. 74-86, 87 et seq.) 3. Before two Justices or a Stipendiary Magistrate, up to £50, whose decision is final (17 & 18 Vict., c. 104, ss. 188, 519). IV. By a suit in a Consular Court or a Foreign Court, if the seaman is proved to have left the ship under certain special conditions (17 & 18 Vict., c. 104, ss. 190, 207).

(b) 17 and 18 Vict., c. 104, s. 263, sub-sec. 7. See ante, page 160. (c) Ibid.

(d) See further as to this report, post, page 176.

(e) See post, page 177.

() As to the admission of such report in evidence see 17 & 18 Vict., c. 104, s. 265, ante, page 160.

($) 25 & 26 Vict., c. 63, s. 23, sub-sec. 3. See ante, page 162.

Report should state clearly the jurisdiction exercised by the Court.

Court must be governed by nature of case investigated.

Statutory directions:

1. Person

Having regard to the varied nature of the jurisdiction conferred upon a Naval Court, their report should show clearly the branch of jurisdiction which they have exercised in the particular case. If, for instance, they have superseded a master, the report should contain a statement that the Court were unanimous that the safety of the ship or crew, or the interest of the owner (as the case may be), absolutely required the supersession, and that they had superseded him accordingly, and that by reason of such supersession they have suspended or cancelled his certificate; if the conduct in question had reference to a casualty, the report should state that the loss or abandonment of, or serious damage to, any ship or loss of life (as the case may be), had been caused by the wrongful act or default of the master (a). Again, if the jurisdiction exercised by the Court was that conferred upon them by the statute 18 & 19 Vict., c. 91, s. 18(), the nature of the offence, the facts which show the jurisdiction of the Court, and the order made in pursuance of that jurisdiction should be clearly stated.

PROCEDURE OF NAVAL COURTS.

Little guidance is given by the Merchant Shipping Acts as to the mode in which the Investigation is to be conducted, and the Court must be governed by its own view of what is the course of proceeding appropriate to the nature of the case before it; for example, the mode of conducting the case would probably be materially different when a complaint against some seaman or officer is being heard, from that adopted when the Court is summoned for the purpose of inquiring into the cause of a wreck (). The only specific directions given are :

1. That the Investigation is to be conducted in such charged to have manner as to give any person against whom any charge is made an opportunity of making a defence ().

opportunity of defence.

See ante, page 168, and Appendix, pages 595 and 598.

(b) See ante, page 161, and Appendix, page 597.

(c) The Rules in regard to Courts of Formal Investigation in the United Kingdom may usefully be consulted as a guide for Naval Courts also, see page 106, et seq.

(d) 17 & 18 Vict., c. 104, s. 262.

See ante, page 159.

2. The requirement before mentioned (") that as a condition precedent to the cancellation or suspension of a certificate, a copy of the report, or a statement of the case upon which the Investigation is ordered must be furnished before the commencement of the Investigation ("), to the certificated officers of the ship whose conduct is to be called in question.

2. Copy, Report, or State

ment of case to be furnished.

3. Decision.

open Court.

3. That the decision to which the Court have come with respect to cancelling or suspending certificates to be given in must be stated in open Court at the conclusion of the case, or as soon afterwards as possible (©).

4. That the Court must in all cases send a full report upon the case with the evidence to the Board of Trade, and also, if they determine to cancel or suspend any certificate, they must forward it to the Board of Trade with their report (").

In the remaining portion of this chapter there is set out a general outline of the procedure based upon the Instructions issued by the Board of Trade relating to Naval Courts, which may be followed in the case of Investigations into the wreck, abandonment, or loss of, a vessel, or into the conduct of a master with a view to decide as to his being superseded.

4. Report with

the evidence to

be sent to Board

of Trade.

Preliminary

The first step will be for the naval or consular officer to summon (d) a Naval Court constituted in the proceedings. prescribed manner (*).

Summons

The Court will then summon (") the parties, that is to say, the complainant (if any), and any person whose to accused. conduct is intended to be called in question. The summons should specify the time and place at which the Court is to sit.

If the certificate of a master, mate, or engineer is to be called in question, he must, as above-mentioned, be furnished before the commencement of the Investigation with a copy of the report, or a statement of the case upon which it has been ordered, and in order to give him an opportunity of making a defence, it will be proper to notify to the certificated officer in writing the precise nature of any charge which is

(*) See ante, page 170.

(b) 25 & 26 Vict., c. 63, s. 23, sub-sec. 6. See ante, page 163. (c) Ibid., sub-sec. 3, see page 162.

(4) Forms of summonses, &c., will be found in the Appendix, page 588.

(e) See ante, page 163.

Summons to witnesses.

Proceedings

in Court.

intended to be brought against him. This will be most conveniently done in the body of the summons for his attendance at the Naval Court as in the case of an ordinary summons before a Magistrate.

The Court will also summon (a) the witnesses whose evidence appears likely to be material (").

The proceedings should commence with the reading of the summons issued by the naval or consular officer for the assembling of the Court.

If the parties summoned are not present, proof must be furnished of the service upon them of the summons for their attendance, and in any case where a certificate is to be called in question, proof must be given of the service upon the officer of a copy of the report or a statement of the case upon which the Investigation has been ordered.

The complainant (if any), and the parties summoned are the parties to the proceedings.

Formerly every certificated officer was required to deliver up his certificate into the custody of the Court before the commencement of the Inquiry (), but as we have seen (4) that requirement has been abolished by statute unless the certificate is suspended or is cancelled.

Unless there be any special reason to the contrary, the Court should be open to the public (").

The governing principle laid down in the Merchant Shipping Act, 1854, being that the proceedings shall be conducted in such manner as to give any person against whom any charge is made an opportunity of making a defence (), it is necessary that a certain amount of formality and certain well known rules should be observed. The principal points are, that the person whose conduct is under Investigation shall be present while the whole of the evidence is being taken, and, above all, that he shall have the fullest opportunity for cross-examination of the wit

(a) Forms of summons, &c., will be found in the Appendix, page 589.

(b) As to the mode in which the attendance of parties and witnesses is to be enforced, see remarks ante, page 167.

Instructions relating to Naval Courts, 1878, Appendix, page 367. (d) See page 163.

(e) Instructions relating to Naval Courts, 1878, Appendix, page 367. 17 & 18 Vict., c. 104, s. 262. See ante, page 173.

nesses; that he shall, if he so desires, be represented by an advocate, and that he shall be permitted to adduce evidence on his own behalf, and to make a statement in his defence. And further, all evidence should, whenever practicable, be taken on oath (*).

The Court has power to order the production of documents (").

The proceedings might conveniently bear a general analogy to that prescribed by the General Rules for Formal Investigation in the United Kingdom, and the order of procedure would be somewhat as follows:

Order of pro

The witnesses in support of the complaint, or in regard to the circumstances of the casualty, should cedure. first be sworn and examined by the complainant (if any), or otherwise by the Court. The witnesses should then be severally cross-examined by the person on his defence, or his advocate, and afterwards re-examined by the complainant (if any) or by the Court, as the case may be.

That stage of the proceedings having been concluded, the evidence so given might be summed up by the complainant (if any), or if there be none, the Court might indicate to the person on his defence in what respects it appeared to bear an adverse complexion. He should then have liberty to produce witnesses on his own behalf, and any party to the proceedings might, with the permission of the Court, bring forward further witnesses whose examination, cross-examination, and re-examination should be conducted in such order as the Court may direct.

If the person on his defence does not tender any evidence, or be not himself examined, he should be allowed to address the Court in defence, and in any case when the whole of the evidence is concluded, the parties should have liberty to address the Court, the complainant (if any) having the right to speak last by way of reply, whenever there is any evidence adduced for the defence.

Some further guidance upon the mode of procedure

(^) Instructions relating to Naval Courts, 1878, Appendix, page 367. Form of oath will be found in the Appendix, page 593. (b) 17 & 18 Vict., c. 104, s. 262. See ante, page 159.