him. In these circumstances, making every allowance for the distinction which the verdict admits of in the case of the parties, and by every consideration which I have been able to bring to mind, and I have every desire to make such a distinction in the case as is consistent with the ends of justice, I have, after much consideration, come to the conclusion that the sentence may be mitigated to one of imprisonment, although it must be one of time, and such a sentence as those in charge of such vessels must feel that, for the very slightest neglect of duty, which is followed by such disastrous results as occurred in this case, and even far less, they must answer to the law. I therefore propose a sentence of imprisonment for eighteen calendar months."

LORD IVORY and the LORD JUSTICE CLERK Concurred in the sentence.

INSTRUCTIONS AS TO PRELIMINARY
INQUIRIES (").

THE following are the principal instructions issued for the guidance of officers appointed to take depositions and make preliminary inquiries in the United Kingdom :

These officers are:

1. Inspecting officers of Coastguard.

2. Principal officers of Customs.

3. Receivers of Wreck (b).

4. Persons appointed by the Board of Trade.

INSTRUCTIONS ISSUED 1865.

PRELIMINARY INQUIRIES INTO WRECKS AND CASUALTIES AT SEA. Provision is made for full inquiry in the following cases, viz. Whenever any ship is lost, abandoned, or materially damaged on or near the coasts of the United Kingdom:

Whenever any ship causes loss or material damage to any other ship on or near such coasts; in other words, in all cases of collision causing loss or material damage:

Whenever, by reason of any casualty happening to or on board of any ship on or near such coasts, loss of life ensues:

Whenever any such loss, abandonment, damage, or casualty happens elsewhere, and any competent witnesses thereof arrive or are found at any place in the United Kingdom.

This Inquiry may be conducted by various persons, as mentioned in the Act; but, except in any special cases in which instructions to the contrary are issued by the Board of Trade, the Inquiry is to be made by the inspecting officer of the division or the officer in command of the Coastguard station; or if there are no Coastguard stationed at or near the spot, by the Receiver of Wreck if such Receiver is also an officer of Customs.

The powers of instituting these preliminary Inquiries under the 432nd section of the Act extends as follows, viz. :(a.) To all British ships sustaining or causing any loss, abandonment, damage, or casualty, wherever it may be

sustained or caused; and

(b.) To Foreign ships, when the loss, abandonment, damage, or

(a) See Chapter I., page 30.

() Generally officers of Customs who would be properly described as principal officers under the Merchant Shipping Act, 1854, s. 432, and the Merchant Shipping Act, 1876, s. 32.

Place where

Inquiry is to be made in differ

ent cases. S. 432.

Inspecting

officers of Coastguard and

officers of Cus

toms may sum

mon parties to give evidence on preliminary Inquiries.

Importance of investigating the aroidable

cases of wreck

and loss.

casualty is sustained or caused on the coasts of the United Kingdom, i.e., within three miles of the shore, or within the headlands of a bay, or within any estuary or frith.

And the officers of the Customs and Coastguard have full powers to examine any competent witness of the facts, whether such witness does or does not belong to the vessel which has caused or sustained the injury or loss, and whether such person is or is not a British subject.

In cases where a casualty happens on the coast, and the ship or any of her crew are still there, the officer named above will proceed to the spot as soon as possible and make the Inquiry before any of the necessary witnesses leave.

In cases where the casualty happens at sea or off the coasts, and any of the crew or other witnesses arrive at any place within the officer's district, he will make the Inquiry in like manner.

In cases where he thinks it probable that other important wit. nesses can be found elsewhere, he will give notice to the officer of the district in which they are to be found, in order that the latter officer may make inquiry.

If any person should refuse to attend and answer, or to produce necessary evidence, or should impede the Inquiry, the officer conducting the Inquiry will call their attention to the powers given to him by the 432nd, and 14th, 15th, and 16th sections of the Merchant Shipping Act, 1851; and if they still refuse he will proceed against them before two Justices for the penalties. Whenever he has any reason to think it may be necessary to proceed against them for refusing or neglecting to attend, he will serve them with a form of summons under his hand.

In making the Inquiry the attention of the officer should be specially directed to the question whether the casualty happened from avoidable or from unavoidable causes. Amongst the former, his attention should be particularly directed to the following:Unseaworthiness or insufficient equipment of the ship: Insufficient or improper manning:

Improper loading, overloading, and bad stowage:

Explosions arising from the insufficiency of boilers and machinery: Misconduct, incompetency, or neglect on the part of the master, officers, or crew:

Neglect of the Regulations for Preventing Collisions at Sea:
Ignorance of lights or other sea marks, or of the navigation of the

sea or coast:

Neglect of heaving the lead:

Too great speed under the circumstances:

Non-employment of properly qualified pilots:

Ignorance, or incompetency, or misconduct of pilots
Defective charts:

Defective or improperly adjusted compasses:

Deficiencies in the lights, leading marks, or buoys on the coast :
Want of harbours of refuge or other means of safety:

In making inquiry on the subject of harbours of refuge, the officer should endeavour to ascertain and state as accurately as he can, whether one of the harbours of refuge recommended by the Royal Commissioners would have probably saved the ship, and if so, which of them.

A copy of the Regulations for Preventing Collisions at Sea is printed in the Appendix.

They apply to all ships, whatever their nationality, within the limits of British jurisdiction, and to all British ships, as well as to all ships belonging to the countries and places therein mentioned, whether within British jurisdiction or not, viz. :-(See Regulations for Preventing Collisions at Sea, page 401).

In cases of wilful default the person offending is to be deemed guilty of a misdemeanour, and if any damage arises to person or property from the non-observance by any ship of these regulations, such damage is to be deemed to have been occasioned by the person in charge of the deck at the time, unless it is shown that the circumstances of the case rendered a departure from the rule necessary.

In cases of collision the officer making the Inquiry should be careful to ascertain if possible whether the regulations for preventing collisions have been attended to, and, if not, by whom they have been neglected. The party by whom the regulations have been infringed will, in the absence of proof to the contrary, be considered as the party in fault.

If the officer making the Inquiry has any reason to suppose that a ship is not properly provided with lights and with the means of making fog-signals, in accordance with the regulations, he should apply to the inspector of lights and fog-signals for the district to make an examination and to report. The inspector of lights and fogsignals is also the surveyor of passenger steamships.

Under section 31 of the Merchant Shipping Act, 1862, rules made under the authority of any Local Act, concerning lights or signals to be carried by vessels navigating the waters of any harbour, river, or other inland navigation, or concerning the steps to be taken by such vessels, continue in force nothwithstanding the regulations in the Appendix.

The officer should also in cases of collision ascertain if possible. whether the person in charge of such ship has rendered to the other ship and her crew and passengers such assistance as might (without danger to his own ship) be practicable and necessary, in order to save them from any danger caused by the collision.

This is very important, as in case the person in charge fails to render assistance without reasonable excuse the collision will, in the

absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default.

In making these inquiries, the officer will remember that he is exercising a highly important and quasi-judicial function, and that his reports may be made the foundation of proceedings deeply affecting the interests of individuals, or of important measures for the general benefit of trade. He must therefore take all the means in his power to arrive at the truth.

He will observe that he may, if necessary, examine upon oath; but he will probably seldom find it necessary or desirable to do so. He will also observe that he has power to call for the log-book and other documents and papers.

In all cases where there is any point which it is important to establish, or any question of fact in dispute or in doubt he will take the evidence in writing.

In every case the officer will when the Inquiry is concluded, or sooner if he thinks it desirable, send a report addressed to the Secretary, Board of Trade, containing the result of the Inquiry and such of the evidence as may be important. He will exercise his discretion in making the report more or less full as circumstances may require and it may be included in the return made for the purposes of the Wreck Register.

In cases of a graver nature, or where the evidence is conflicting, the report should be made separately. In all cases of casualties arising from any of the avoidable causes mentioned above, the report and the statement of the evidence bearing on the point should be full and complete.

EXAMINATION BY RECEIVERS IN CASE OF SHIPS IN DISTRESS.

The 448th section of the Merchant Shipping Act, 1854, provides that every Receiver, whether appointed under the Merchant Shipping Act or under the former Act, shall institute an examination upon oath in the case of ships in distress on the coasts of the United Kingdom, i.e., within three miles of the shore or within the headlands of any bay, or within any estuary or frith.

It is to be instituted as follows, viz. :

(1.) In the case of British ships—

(a.) When the distress arises or is caused within the

limits named; and

(b.) When the distress arises or is caused out of those limits, and the ship is in distress when she arrives within them.

(2.) In the case of Foreign ships

This

Only where the distress arises or is caused within such

limits.

examination, in the generality of cases will be in

the form of a deposition or oath. It is to be taken only when ships