History of merchant shipping and ancient commerce, Volume 3 (of 4)Lindsay, W. S. (William Schaw)
History
History of merchant shipping and ancient commerce, Volume 3 (of 4)
Lindsay, W. S. (William Schaw)
Commerce -- History; Shipping -- History; Steam navigation -- History
The central body of Shipowners, while protesting[159] against the
injustice of this Act, forgot that, in point of fact, the limitation
of their liability was thereby secured, which it was not under the
common law of England. They further contended that the 511th clause
of the Merchant Shipping Act was inconsistent with the 504th clause,
as the former enacts that parties seeking compensation may refuse to
accept the indemnity awarded by the authorities constituted by the
Act,[160] and may bring an action against the Shipowner for damages, by
which he might be rendered liable to an amount in many cases involving
the whole of his capital. But the clause providing that any person
who is dissatisfied with the amount of statutory damages (30_l._
each person) may bring an action on his own account, enacts expressly
“that any damages recoverable by such person shall be payable only
out of the residue, _if any_, of the aggregate amount for which
the owner is liable, after deducting all sums paid to her Majesty’s
Paymaster-General in manner aforesaid; and, if the damages recovered
in such action do not exceed _double_ the statutory amount, such
person is liable to pay all the costs as between attorney and client.”
[Sidenote: Value of life.]
On the other hand, if, as was observed by way of illustration in the
course of discussion, a bishop were to fall a victim to an accident,
it might be considered that an assessment of 30_l._ would not
compensate the surviving members of the bishop’s family for such
loss. There can be no doubt that the framers of the present law, when
repealing the old laws, endeavoured to deal substantial justice.
They must have felt that, to exempt Shipowners from liability beyond
the value of the ship and freight would, in too many instances, be
an encouragement for unscrupulous persons to employ worn-out and
inadequately-manned vessels in the conveyance of passengers and
emigrants: and on the other hand, that to subject Shipowners, guilty of
no fault or default, to unlimited liability for such calamities would
induce men of property and character to withdraw their fortunes from so
great a hazard.
[Sidenote: Powers given to the Board of Trade.]
To prevent as far as possible either of these evils, and to insure
compensation for personal injury, or injury consequent from loss of
life, was one great object of the existing Acts; and fully to carry it
into effect, the Board of Trade has now power to require the sheriff to
summon a jury for the purpose of ascertaining the number, names, and
descriptions of all persons killed or injured by reason of any wrongful
act, neglect, or default.[161]
[Sidenote: Mode of procedure in inquiries about loss of life.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account