Board shall, with the assistance of a local stipendiary (if any) or other competent legal assistant appointed by the Board of Trade, proceed to investigate the matter, and may summon the person charged to appear, but so as to give him full opportunity of making a defence either in person or otherwise. And the investigating body may summon witnesses, compel the production of documents, and do all necessary acts for carrying out the inquiry, and on the conclusion may, if they hold the person charged in default, either cancel or suspend his certificate. The costs are in their discretion, and at the conclusion of the investigation a report upon the case is made to the Board of Trade.

Where there is no Local Marine Board able or willing to hold the investigation, the Board of Trade may order the same to be instituted before a court of summary jurisdiction, and then the proceedings are just the same as in the case of the Board of Trade inquiries into shipping casualties, except that the Board of Trade may direct that the person bringing the charge of incompetency or misconduct to the notice of the Board of Trade shall be deemed the party having the conduct of the case.

NAVAL COURTS.

By Section 480 of the Merchant Shipping Act, 1894, any officer in command of any of Her Majesty's ships on a foreign station, or in the absence of such officer, any consular officer may summon a Naval Court in the following cases:—

1. Whenever a complaint which appears to require immediate investigation is made to him by a master or certificated officer, or one or more seamen, of any British ship.

2. Whenever the interest of the owner of any British ship, or of the cargo, appears to such officer to require it.

3. Whenever any British ship is wrecked or abandoned, or otherwise lost at or near the place where such officer may be, or whenever the crew or part of the crew of any British ship which has been wrecked, abandoned, or otherwise lost abroad, arrives at such place.

The Naval Court consists of not more than five, and not less than

three members, of whom, if possible, one is a naval officer not below the rank of lieutenant, one a consular officer, and one a master of a British merchant ship, and the other members shall be either British naval officers, or British merchant service captains, or British merchants, and the officer summoning the same may be included, but not the master or consignee of the ship to which the parties. complaining or complained against belong. The president is the member highest in rank.

The Court has full power of investigation, summoning and compelling the attendance of parties or witnesses, and the production of all necessary documents. An ample opportunity for defence shall be given to any person charged before the Court.

On the conclusion of the investigation the Naval Court has power to do any of the following acts:-1. If unanimous that the safety of the ship or crew, or the interest of the owner absolutely requires it, remove the master and appoint another person to act in his stead, but no such appointment shall be made without the consent of the consignee of the ship if at the place where the case is heard. 2. Cancel or suspend the certificate of any master, mate, or engineer, charged before them with incompetency, gross misconduct, drunkenness, or tyranny, or where the loss or abandonment of or serious damage to any ship, or loss of life, has been caused by their wrongful act or default. 3. Discharge any seaman, and order his wages or any part thereof to be forfeited. 4. Decide any questions as to wages, fines, or forfeitures. 5. Direct that the costs incurred by the master or owner of any ship in procuring the imprisonment of any seaman or apprentice at a foreign port, or his maintenance during imprisonment, be paid out of the present or future wages of such seaman or apprentice. 6. Send home offenders for trial. 7. The same power to try offences in a summary way under the Merchant Shipping Act as a court of summary jurisdiction in the United Kingdom; but any order for imprisonment must be confirmed in writing by the senior naval or consular officer present at the place where the Court is held, and the place of imprisonment must be approved by him. 8. May order a survey of the ship which is the

23

subject of the investigation. 9. And order the payment of costs as it deems right.

All orders of a Naval Court shall, where practicable, be entered in the official log-book of the ship to which the parties belong, and be signed by the President of the Court. The Naval Court shall send a report of the case, signed by the President, to the Board of Trade. Any person who obstructs or prevents a complaint, or the proceedings of the Court, is liable to a penalty not exceeding £50, or to imprisonment for a period of not more than twelve weeks, with or without hard labour.

The provisions of the Act with regard to Naval Courts apply to all British registered sea-going ships, and their owners, masters, and crews, when out of the jurisdiction of the United Kingdom or the British possession to which they belong, and an unregistered British ship will be considered as having been registered in the United Kingdom.

UNSEAWORTHINESS.

Of recent years public attention has been greatly aroused on the question of unseaworthiness, and, under the influence of popular opinion, several statutory enactments have been passed bearing directly on the subject. It is intended in this chapter to briefly place before the reader the present condition of the law on this increasingly-important question.*

COMPLAINTS BY SEAMEN.

By Section 463 of the Merchant Shipping Act, 1894, it is provided that any Court in which proceedings are taken against any seaman or apprentice belonging to any ship for the offence of desertion, or for being absent from his ship without leave, has power, whenever it is alleged by one-fourth of the seamen belonging to such ship, or if the number of seamen exceed twenty, then by not less than five of them, that such ship by reason of unseaworthiness, overloading, improper loading, defective equipment, or for any other reason, is not in a fit condition to proceed to sea, or that the accommodation in such ship is insufficient, to take all such means as may be in their power to satisfy themselves concerning the truth or untruth of such allegation, and for that purpose shall receive the evidence of the persons making the allegation, and may summon any other witnesses whose evidence they may think it desirable to hear, and if satisfied that the allegation is groundless shall adjudicate in the case, but if

* In the eyes of some of our legislators, shipowners appear to be included in the "criminal classes," from the amount of legislation levelled at them. Lloyd's Register, however, shows that British shipping bears a better character than that of any other first rate maritime nation. Thus, for the three months ending December 31st, 1894, the per-centage of British vessels lost was 69 and tonnage -49, as compared with Norway 2.30 and 2.16, Dutch 2.17 and 96, United States 1.75 and 1.14, France 1.28 and 94, and Germany 1.19 and 83, respectively. Some may say that this result is owing to legislation, but this is a matter for argument; in 1893 the loss of life at sea amounted to 7 per 1000 in the British Royal Navy, and only 5 per 1000 in the Mercantile Marine.

not satisfied shall before adjudication cause the ship to be surveyed. No seaman or apprentice charged with desertion or quitting his ship without leave, has any right to apply for a survey under this section, unless, previously to his quitting his ship, he has complained to the captain of the circumstances he alleges in justification of his acts or defaults.

The survey is to be held by one of the Board of Trade surveyors (if obtainable), or such other competent and impartial person as the Court may select. Such surveyor is to report in writing to the Court, and answer every question put to him by the Court. The written report of the surveyor is communicated to the parties, and the Court shall determine the question in dispute upon such report, unless it be proved that the opinions expressed in it are erroneous. If it be proved that the ship is not unseaworthy, or that the accommodation is sufficient, the costs of survey shall be paid by the persons complaining, and may be deducted out of their wages; but, if it be proved that the ship is unseaworthy, or the accommodation is insufficient, the costs shall be paid by the master or owner.

The same kind of survey may be held by direction of any Naval Court which is holding any inquiry at which the question of unseaworthiness arises.

By the same section, it is provided that when any seaman or apprentice is detained on a charge of desertion, &c., and it is proved that the ship was unseaworthy, or her accommodation was insufficient, the owner or master shall be liable to pay such seaman or apprentice such compensation as the Court, having cognizance of the matter, may award for his detention.

By Section 459 of the Merchant Shipping Act, 1894, the owner or master may appeal from the decision of the Board of Trade or other surveyor appointed by the Court as above mentioned, to one of the courts of survey as hereinafter mentioned.

It will be seen, from the above statement of the law, that there is a great power put in the hands of a discontented crew, whereby, if maliciously disposed, they could put the shipowner to a great deal of expense, and subject him to heavy loss and damage by delaying his ship on the most frivolous and vexatious pretexts. However,