Jury shall, with the requisite Alterations, be considered (6.) In England and Ireland the Sheriff shall, if the Board (8) The Payment of all Damages and Costs in any such Mode of Procedure. DX. The following Rules shall be observed as to the Rules as to Damages recovered in any such Inquiry, and the Application Damages and thereof; (that is to say,) (1.) The Damages payable in each Case of Death or Injury shall be assessed at Thirty Pounds: (2.) The Damages found due on any such Inquiry as aforesaid shall be the first Charge on the aggregate Amount for which the Owner is liable, and shall be paid thereout in priority to all other Claims: (3.) All such Damages as aforesaid shall be paid to Her Majesty's Paymaster General, and shall be distributed and dealt with by him in such Manner as the Board of Trade directs; and in directing such Distribution the Board of Trade shall have Power in the first place to deduct and retain any Costs incidental thereto; and in the next place, as regards the Sums paid in respect of Injuries, shall direct Payment to each Person injured of such Compensation, not exceeding in any Case the statutory Amount, as the said Board thinks fit; and Application thereof. Mode of Procedure. Any Person fied with the Amount of statutory Damage may bring an Action on his own Ac count. and as regards the Sums paid in respect of Deaths shall direct Payment thereof for the Benefit of the Husband, Wife, Parent, and Child of the Deceased, or any of them, in such Shares, upon such Evidence, and in such Manner as the said Board thinks fit: (4.) The Board of Trade shall refund to the Owner any Surplus remaining under its Control after making such Distribution as aforesaid, and the Sum so refunded shall form Part of the Residue herein-after mentioned. (5.) The Board of Trade shall not, nor shall any Person acting under it, be liable to any Action, Suit, Account, Claim, or Demand whatsoever for or in respect of any Act or Matter done, or omitted to be done, in the Distribuion of such Damages as aforesaid: (6. If the Amount paid to Her Majesty's Paymaster General in manner aforesaid is insufficient to meet the Demands upon it, the several Claims thereon shall abate proportionally. DXI. After the Completion of such Inquiry as aforesaid, if who is dissatis- any Person injured estimates the Damages payable in respect of such Injury, or if the Executor or Administrator of any deceased Person estimates the Damages payable in respect of his Death, at a greater Sum than such statutory Amount, or, in case of a Compromise having been made by the Board of Trade, than the Amount accepted by such Board by way of Compensation for such Injury or Death as aforesaid, the Person so estimating the same shall, upon repaying or obtaining the Repayment by the Board of Trade to the Owner of the Amount paid by him to the Board of Trade in respect of such Injury or Death, be at liberty to bring an Action for the Recovery of Damages in the same Manner as if no Power of instituting an Inquiry had herein-before been given to the Board of Trade, subject to the following Proviso; (that is to say,) 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 shall pay to the Defendant in such Action all the Costs thereof, such Costs to be taxed in England and Ireland as between Attorney and Client, and in Scotland as between Agent and Client. If Board of Trade decline to institute Proceedings, Individuals may bring Actions. DXII. În Cases where Loss of Life or personal Injury has occurred by any Accident in respect of which the Owner of any such Ship as aforesaid is or is alleged to be liable in Damages, no Person shall be entitled to bring any Action, or institute any Suit or other legal Proceeding in the United Kingdom, until the Completion of the Inquiry (if any) instituted by the Board of Trade, or until the Board of Trade has refused to institute the same; and the Board of Trade shall, for the Purpose of entitling any Person to bring an Action or institute institute a Suit or other legal Proceeding, be deemed to have refused to institute such Inquiry whenever Notice has been served on it by any Person of his Desire to bring such Action or institute such Suit or other legal Proceeding, and no Inquiry is instituted by the Board of Trade in respect of the Subject Matter of such intended Action, Suit, or Proceeding for the Space of One Month after the Service of such Notice. Mode of Procedure. after Refusal. DXIII. Whenever the Board of Trade, having refused in Proceedings by manner aforesaid to institute any Inquiry, afterwards determines Board of Trade to institute the same, the Damages and Costs (if any) recovered on such Inquiry shall be payable rateably with and not in priority to the Costs and Damages recovered in any other Action, Suit, or legal Proceeding. case of several DXIV. In Cases where any Liability has been or is alleged Proceedings in to have been incurred by any Owner in respect of Loss of Life, Claims being personal Injury, or Loss of or Damage to Ships, Boats, or Goods, made on Owner and several Claims are made or apprehended in respect of of Ship. such Liability, then, subject to the Right herein-before given to the Board of Trade of recovering Damages in the United Kingdom in respect of Loss of Life or personal Injury, it shall be lawful in England or Ireland for the High Court of Chancery, and in Scotland for the Court of Session, and in any British Possession for any competent Court, to entertain Proceedings at the Suit of any Owner for the Purpose of determining the Amount of such Liability subject as aforesaid, and for the Distribution of such Amount rateably amongst the several Claimants, with Power for any such Court to stop all Actions and Suits pending in any other Court in relation to the same Subject Matter; and any Proceeding entertained by such Court of Chancery or Court of Session, or other competent Court, may be conducted in such Manner and subject to such Regulations as to making any Persons interested Parties to the same, and as to the Exclusion of any Claimants who do not come in within a certain Time, and as to requiring Security from the Owner, and as to Payment of Costs, as the Court thinks just. DXV. All Sums of Money paid for or on account of any Loss or Damage in respect whereof the Liability of the Owners of any Ship is limited by the Ninth Part of this Act, and all Costs incurred in relation thereto, may be brought into account among Part Owners of the same Ship in the same Manner as Money disbursed for the Use thereof. Saving Clause. DXVI. Nothing in the Ninth Part of this Act contained shall be construed To lessen or take away any Liability to which any Master To extend to any British Ship not being a recognized PART X. Money paid for be accounted Part Owners. Saving Clause. Saving Clause. PART X. LEGAL PROCEDURE. Application. DXVII. The Tenth Part of this Act shall in all Cases, where no particular Country is mentioned, apply to the whole of Her Majesty's Dominions. Legal Procedure (General). DXVIII. In all Places within Her Majesty's Dominions, except Scotland, the Offences herein-after mentioned shall be punished and Penalties recovered in manner following; (that is to say,) (1.) Every Offence by this Act declared to be a Misdemeanor shall be punishable by Fine or Imprisonment, with or without Hard Labour; and the Court before which such Offence is tried may in England make the same Allowances and order Payment of the same Costs and Expenses as if such Misdemeanor had been enumerated in the Act passed in the Seventh Year of His late Majesty King George the Fourth, Chapter Sixty-four, or any other Act that may be passed for the like Purpose; and may in any other Part of Her Majesty's Dominions make such Allowances and order Payment of such Costs and Expenses (if any) as are payable or allowable upon the Trial of any Misdemeanor under any existing Act or Ordinance, or as may be payable or allowable under any Act or Law for the Time being in force therein: (2.) Every Offence declared by this Act to be a Misdemeanor shall also be deemed to be an Offence hereby made punishable by Imprisonment for any Period not exceeding Six Months, with or without Hard Labour, or by a Penalty not exceeding One hundred Pounds, and may be prosecuted accordingly in a summary Manner instead of being prosecuted as a Misdemeanor: (3.) Every Offence hereby made punishable by Imprisonment for any Period not exceeding Six Months, with or without Hard Labour, or by any Penalty not exceeding One hundred Pounds, shall in England and Ireland be prosccuted summarily before any Two or more Justices, as to England in the Manner directed by the Act of the Eleventh and Twelfth Years of the Reign of Her Majesty Queen Victoria, Chapter Forty-three, and as to Ireland in the Manner directed by the Act of the Fourteenth and Fifteenth Years of the Reign of Her Majesty Queen Victoria, Chapter Ninety-three, or in such other Manner as may be directed by any Act or Acts that may be passed for like Purposes: And all Provisions contained in the said Acts shall be applicable to such Prosecutions in the same Manner as if the Offences in respect of which the same are instituted were hereby stated to be Offences in respect of which Two or more Justices have Power to convict summarily or to make a summary Order: (4.) In all Cases of Summary Convictions in England, where the Sum adjudged to be paid exceeds Five Pounds, or the Period of Imprisonment adjudged exceeds One Month, any Person who thinks himself aggrieved by such Conviction may appeal to the next Court of General or Quarter Sessions which is holden not less than Twelve Days after the Day of such Conviction for the County, City, Borough, Liberty, Riding, Division, or Place wherein the Case has been tried; provided that such Person shall give to the Complainant a Notice in Writing of such Appeal, and of the Cause and Matter thereof, within Three Days after such Conviction, and Seven clear Days at the least before such Sessions, and shall also either remain in Custody until the Sessions, or enter into a Recognizance, with Two sufficient Sureties, before a Justice of the Peace, conditioned personally to appear at the said Sessions, and to try such Appeal, and to abide the Judgment of the Court thereupon, and to pay such Costs as shall be by the Court awarded; and upon such Notice being given, and such Recognizance being entered into, the Justice before whom the same shall be entered into shall liberate such Person, if in Custody; and the Court at such Sessions shall hear and determine the Matter of the Appeal, and shall make such Order therein, with or without Costs to either Party, as to the Court shall seem meet; and in case of the Dismissal of the Appeal, or the Affirmance of the Conviction, shall order and adjudge the Offender to be punished according to the Conviction, and to pay such Costs as may be awarded, and shall, if necessary, issue Process for enforcing such Judgment: (5.) All Offences under this Act shall in any British Possession be punishable in any Court or by any Justice of the Peace or Magistrate in which or by whom Öffences of a like Character are ordinarily punishable, or in such other Manner, or by such other Courts, Justices, or Magistrates, as may from Time to Time be determined by any Act or Ordinance duly made in such Possession in such Manner as Acts and Ordinances in such Possession are required to be made in order to have the Force of Law. DXIX. Any Stipendiary Magistrate shall have full Power to do alone whatever Two Justices of the Peace are by this Act authorized to do. Legal Procedure (General). Stipendiary to have same Offence where DXX. For the Purpose of giving Jurisdiction under this Act, every Offence shall be deemed to have been committed, and deemed to have every Cause of Complaint to have arisen, either in the Place in been committed. which the same actually was committed or arose, or in any Place in which the Offender or Person complained against may be. DXXI. In all Cases where any District within which any Jurisdiction Court or Justice of the Peace or other Magistrate has Juris over Ship lying [No. 48. Price 2d.] 3 B diction off the Coasts. |