risdiction of Justices and Limits of Ju- happening of which the power to hold the Inquiry depended. In those cases under the 432nd section of the Merchant Shipping Act of 1854, and the 32nd section of the Merchant Shipping Act, 1876, where the presence of witnesses or the procurability of evidence is made the circumstance upon which the holding of an Investigation is to be founded, little difficulty can occur, as in practice, the witnesses will always be, or the evidence will be, procurable, within the local jurisdiction of some Bench of Justices or some Stipendiary Magistrate. But in those cases where the happening of the casualty is the event which gives occasion to the jurisdiction, questions may arise. Justices have in general, and except for certain special purposes, no jurisdiction beyond lowwater mark ("), and it is obvious that of the numerous casualties which happen "on or near the coasts of the United Kingdom," a great number will (as those words have been interpreted by the Courts of this country) (") take place beyond that limit. When the ship to which the casualty occurs touches the shore above low-water mark no difficulty can arise. The other cases are, it is submitted, sufficiently provided for by section 521 of the Merchant Shipping Act of 1854 (©). The ship, when the casualty occurs, must be on, or lying, or passing off the coast, or be in or near a bay, channel, lake, river, or other navigable water, and then the Justices or Stipendiary Magistrate, whose district is situate on that coast, or abuts on, or projects into that bay, channel, lake, river, or other navigable water, will be able to act. As the Wreck Commissioner is, by section 29 of the Merchant Shipping Act of 1876, simply substituted for two Justices who could have sat on the Investigation, and is invested with their powers, the above considerations apply with equal force to him. So far, however, as the common law required that the Justices or Stipendiary Magistrate should actually sit while holding the Investigation within the territorial limits of their jurisdiction, the law has been modified by statutory provision, though in all (*) Embleton v. Brown, 30 L.J. M.C., 1 Com. Dig. "Navigation," A (b) The Leda, 1 Swab. 40; the Mac., 7 Prob. Div., 126, ante, page 38. (c) Ante, page 59. Selection of tigation. other respects (such as determining which particular bench or set of Justices may act) the above remarks are still correct. Before the passing of the Merchant Shipping Act, 1876, no particular place or mode of place of Invesselection had been prescribed. It has been seen that by section 433 of the Merchant Shipping Act, 1854, it was provided that the officer or person authorized to hold a preliminary Inquiry should upon or without any such Inquiry, if the Board of Trade so directed, apply to any two Justices or to a Stipendiary Magistrate to hear the case, and the selection of the place of investigation practice invariably made by the Board of Trade. A more direct recognition of the discretion of the Board of Trade in this respect has now been the Board of made by the express enactment above quoted ("), and the power of selection is absolutely vested in the Board of Trade, who alone are in possession of the requisite materials for forming a judgment upon the matter. The place selected by them becomes accordingly "a place appointed for the exercise of the ordinary jurisdiction" of the investigating authority, that is to say, in contemplation of law the place is physically situate within the district of the authority. Selection now vested in Trade. Governed The place of investigation obviously depends upon by various cona number of considerations varying with the circum- siderations. stances of the particular case. The place of the casualty for instance, the port at which the master, officers, or a majority of the crew, may arrive or be found; the residences of the other witnesses, of the owners, and other usual parties to the Investigation; the degree of local or general importance or local prejudice attaching to the subject of inquiry, and considerations of expense, are all elements which (among others) have to be taken into account. The Board of Trade will no doubt cause as many Investigations as possible to be heard in London on grounds of general convenience, but when this cannot properly be done the Inquiries will, as heretofore, be held in the neighbourhood of the casualty, or at such other port as may be deemed most suitable. (*) 39 & 40 Vict., c. 80, s. 33, ante, page 64. Advantage of Local Inquiries. Inquiries not to be held in Police Courts. In certain cases there is an obvious advantage in a local Inquiry. Coal explosions, or cases of spontaneous combustion, for instance, most frequently occur among cargoes shipped at ports in South Wales and other ports from which coals are exported in large quantities, and the investigation of the causes of such casualties, whether due, as in the former case, to want of surface ventilation, or, as in the latter case, to the properties of certain descriptions of coal, and to the condition in which it was shipped, cannot fail to call forth a greater amount of interest, and to direct attention in a more marked manner to measures of precaution, if the Inquiry is held in the midst of the class of persons who are most concerned in the business of coal shipment. As a general rule the majority of the witnesses arrive at or belong to the larger seaports in several of which there is a resident Stipendiary Magistrate. A considerable proportion of the local Inquiries, as distinguished from London cases, have accordingly been held at Liverpool, Cardiff, Swansea, Glasgow, Dublin, Cork, Belfast, Hull, Middlesborough, and the Tyne ports. In connection with the place of Investigation a recent legislative enactment requires some notice. Objection (a) has constantly been made by shipowners and ships' officers to the holding of Inquiries in Police Courts, by reason of the criminal associations connected therewith. It is obvious that a more complete separation of this kind of business from the the ordinary proceedings in a Police Court may tend to avoid some loss of time and be of advantage to all concerned. Inquiries had already been held by Stipendiary Magistrates at certain outports in some other public building than in their own Courts, and the Wreck Commissioner has uniformly avoided sitting in a Police Court whenever another Court has been available. The late President of the Board of Trade (Lord Sandon) devoted his attention to this matter, and at his (*) An objection of this kind was urged before the Royal Commissioners on Unseaworthy Ships. Final Report and Evidence, vol. II., 1874, page 310. instance the provision in the Shipping Casualties Investigations Act, 1879, sec. 3, sub-sec. 5 (ante, page 65) was made. Jurisdiction is largely con trolled by pro cedure which limits its Jurisdiction, particularly in the case of inferior tribunals whose powers are limited, is largely controlled by procedure; the means and manner practically of asserting the authority, which properly belong exercise. to the head of procedure, become in fact practical bounds to the exercise of the jurisdiction. It is therefore necessary in this place to glance shortly at the subject of procedure. Provisions as to regulating Before the passing of the Merchant Shipping Act, 1876, was as nearly as the procedure possible the same as in ordinary cases of summary proceedings before Justices. Prior to the passing of the Merchant Shipping Act, 1876, the provisions for regulating the procedure the procedure. at Formal Investigations were, in substance, those contained in the above-mentioned section 433 of the Merchant Shipping Act, 1854, whereby it was enacted that for the purpose of hearing and trying the Investigation, so far as related to the summoning of parties, compelling the attendance of witnesses and the regulation of the proceedings, the Justices or Stipendiary Magistrate should have the same powers as if the same were a proceeding relating to an offence or cause of complaint upon which they or he had power to make a summary conviction or order or as near thereto as circumstances permitted (a). The proceedings at a Formal Investigation were accordingly regulated by Sir John Jervis's Act, 11 & 12 Vict., c. 43, so far as this Act governed the matters above-mentioned. In order, however, to give greater practical effect to the powers conferred upon the Courts of Inquiry by the Merchant Shipping Acts, 1854 to 1876, and at the same time to introduce a greater uniformity of procedure, not only in England but throughout the United Kingdom, the Legislature provided in the Merchant Shipping Act, 1876, that the Lord Chancellor might from time to time, make, to make General and when made, revoke, alter, and add to general Rules as to prorules for carrying into effect the enactments relating to Formal Investigations into shipping casualties, and in particular with respect to the summoning of Assessors, the procedure, the parties, the persons allowed to appear, the notice to such parties and persons, or to persons affected, and the amount and (*) 17 & 18 Vict., c. 104, s. 433, ante, page 57. Power to the Lord Chancellor cedure. General Rules of 1876, 1878, 1879 and 1880. Division of the remaining subject-matter application of fees. All such rules while in force are to have effect as if enacted in the Act ("). The wide scope of the power thus conferred upon the Lord Chancellor will be at once apparent, and under the above provisions General Rules for Shipping Investigations were made and published in 1876, but were repealed upon the substitution of new Rules in 1878. Additional Rules have also been made under the joint provisions of the above section and of the Shipping Casualties Investigations Act, 1879 (b). The most convenient method of discussing the remaining subject-matter of this chapter will be of this chapter. under the following heads, viz. : Classification of casualties. If on or near the coasts. If elsewhere. A. The casualties which may be made the subject of a Formal Investigation. B. The persons who are subject to the authority of Courts of Formal Investigation and the nature and extent of such authority. C. The Report to the Board of Trade. A. THE CASUALTIES WHICH MAY BE MADE THE The events which give rise to the jurisdiction may (a) a ship must have been lost, abandoned, or materially damaged ; (b) or a ship must have caused loss or material damage to another ship; (c) or a ship must have been stranded or damaged, and a witness must be found at some place in the United Kingdom; (d) or a ship must have met with a casualty to or on board of it from which loss of life has ensued. If the event has occurred elsewhere than on or near such coasts () 39 & 40 Vict., c. 80, s. 30, ante, page 63. (b) 42 & 43 Vict., c. 72. See Rules post, page 106, and in Appendix, pp. 211, 216, 219. |