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
At such an inquiry the Board of Trade is plaintiff, and the Shipowner
liable for the occurrence the defendant.[162] A special jury may be
called, and the usual precautions as to costs are adopted. The Board
of Trade may make any compromise it thinks fit as to damages, which
are, in each case of death or injury, to be assessed at the statutory
30_l._, and are made the first charge on the aggregate amount
for which the owner is liable. The Act regulates the proceedings, and
confers extensive powers on the Board of Trade in the distribution
of the funds. With regard to any dissatisfied person claiming more,
he is liable, if he does not recover damages to double the statutory
amount, to pay costs to the defendant Shipowner; and, even if he
obtains a verdict, the damages recoverable are still to be payable
out of the residue, if any, of the aggregate amount for which the
Shipowner is liable, after deducting all sums paid to Her Majesty’s
Paymaster-General. In cases, where several claims are made or
apprehended, against the Shipowner for loss of life, personal injury,
or loss or damage to ships, boats, or goods, he may appeal to the Court
of Chancery to determine the amount of his liability; the question of
liability or non-liability being left to another jurisdiction. But it
has been held that a Shipowner, who applies to a court of Equity in
order to obtain its assistance, must admit that he has incurred some
liability. Of course, all costs in relation to these matters may be
brought into account among the part-owners of the same ship, in the
same manner as any other moneys disbursed for the use thereof.
[Sidenote: Further complaints of the Shipowners,]
Some of the Shipowners complained of the reintroduction of a liability
nearly unlimited as set forth in the 511th clause,[163] urging that
foreign shipowners could not be rendered liable to its operation,
and that Shipowners are expressly exempted from liability for damage
caused by the negligence or misconduct of licensed pilots, on the
very ground that their competency has been tested and approved by
public authorities. This last argument is, however, wholly untenable,
unless a perfect immunity is to be accorded to every ship-master who
may have obtained a certificate of qualification. The municipal law
of one State can only bind those subjects who owe allegiance thereto;
but all civilised States frame regulations for the protection of life
and property. It would be very difficult to suggest any improvement in
the law. The provisions in the Merchant Shipping Act were the result
of profound consideration, and ought to be deemed to have effected
as reasonable an adjustment as is possible, between the owners of
sea-going ships and persons sustaining damage.
[Sidenote: who think too much discretion has been given to the
Emigration officer.]
Public-domain text, read in full here on John Shaqi.
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