Review: Dowdeswell's Merchant Shipping Acts. 195 tended to invite the opinions of Attorneys; licitude to the Legislature. Accordingly, upon but with all due submission, the questions turning to the volumes of Statutes during the should have been sent at least to the several Law Societies in town and country. We do not, however, doubt that the Commissioners were willing to attend to any communications that might be made to them, and the neglect to make them is another proof of the apathy of the Profession. NOTICES OF NEW BOOKS. late reigns, we find almost every session presenting instances of the vigilance of Parliament over this important interest. But if we peruse these various enactments, a feeling of astonishment will be excited, that such a subject, admitting of a great and comprehensive measure, as the ordinances of other nations teach us, should have been dealt with piecemeal by a vast number of Acts, scattered throughout many volumes, exhibiting no system, general principle, or harmony, and frequently confused, obscure, and inconsistent with each other. To the experienced lawyer, even with the aid of The Merchant Shipping Acts, 1854 and one of the best treatises in our language, no 1855 (17 & 18 Vict. cc. 104, 120, and easy task was presented of solving the various 18 & 19 Fict. c. 91); with a Readable questions which arose; but to the student, and Abridgment of the former Act, and an whose guidance a plain, simple, and connected more especially to the mercantile man, for Explanation of the Law relating to it: system is most important, the attainment of also, Notes and an Appendix, containing even a moderate knowledge was attended with a Selection of the Instructions and Forms such difficulty as to deter many from its purissued by the Commissioners of Customs suit. During the present reign, in consequence and the Board of Trade. By GEORGE partly of the change in our maritime policy, MORLEY DOWDESWELL, Esq., of the and partly of increased attention to the comInner Temple, Barrister-at-Law. Lon- fort of seamen and passengers, numerous don: Stevens & Norton; H. Sweet; and W. Maxwell. 1856. Pp. 647. THE Merchant Shipping Acts of 1854 and 1855 are favourable specimens of the improvements recently made in the form of Acts of Parliament. It was formerly the business of the Editor of a Statute to make his own arrangement of the enactments, but now his labour is diminished, and generally he cannot do better than follow the several principal parts into which the draftsman of the Act has classified the several sections. The Act of 1854 (17 & 18 Vict. c. 104), is divided into eleven parts, relating to the following subjects: 1. The Board of Trade, and its general functions. 2. British ships, their ownership, mea surement, and registry. 3. Masters and Seamen. 4. Safety and prevention of accidents. 5. Pilotage. 6. Lighthouses. 7. Mercantile Marine Fund. 8. Wrecks, casualties, and salvage. 9. Liability of shipowners. 10. Legal procedure. 11. Miscellaneous matters. perseding in part, from session to session, enactments have been passed, altering and suformer provisions, and, at the commencement of the last year, the Statutes upon the subject presented a singular specimen of patchwork. They were indeed a rudis indigestaque moles of legislation." In this state of things the Act of 1854 was prepared and passed,-arranging, simplifying, and amending the previous enactments. Mr. Dowdeswell's object has been, in the first place, to present an analysis and general view of the Statute, with references to decisions on former enactments so far as they throw light on the present Act; and next follow the Acts of 1854 and 1855. In that part of the Act which relates to Legal Procedure, it may be useful to many of our readers to call their attention to Mr. Dowdeswell's summary of the powers conferred by the Act. It will be observed by the following extracts that justices of the peace as well as the Superior Courts of Common Law and the Admiralty Courts, are authorised to take cognizance of various injuries, claims, and demands : "All offences under this Act in any British possession, are punishable by any Court in which, or justice of the peace or magistrate by Mr. Dowdeswell thus describes the con- whom offences of a like character are ordinarily fused state of the former law on this sub-punishable, or in such other manner, or by ject: "In a country pre-eminent in commercial and maritime pursuits, we should naturally anticipate that its mercantile marine and the various matters connected with its protection and regulation, would form constant objects of so such other Courts, justices, or magistrates, as may from time to time be determined by any Act or ordinance duly made in the possession. A stipendiary magistrate is to have full power to do alone whatever two justices of the peace 2 Sect. 519. Abbott on Shipping. 196 Review: Dowdeswell's Merchant Shipping Acts. are by the Act authorised to do; and for the offence; or if both or either of the parties to purpose of giving jurisdiction, every offence is it happen during that time to be out of the to be deemed to have been committed, and United Kingdom, within two months after every cause of complaint to have arisen, either they both first happen to arrive, or to be at in the place where it actually was committed one time within it; or if it be instituted in any or arose, or where the person complained British possession, unless it is commenced against may be. A Court, justice of the peace, within six months after the commission of the or magistrate having jurisdiction under this or offence; or, if both or either of the parties to any other Act or at Common Law, for any it happen during that time not to be within purpose whatever, over any district on the the jurisdiction of any Court capable of dealcoast of any sea, or abutting on, or projecting ing with the case, within two months after into any bay, channel, lake, river, or navigable they both first happen to arrive or to be at one water, is to have jurisdiction over any ship or time within such jurisdiction. boat being on, or lying or passing off such coast, or being in or near such bay, &c., and over all persons on board or belonging to her, as if they were within the limits of his original jurisdiction. 4 "Service of any summons or other matter in any legal proceeding under the Act is to be sufficient, if made personally on the person, or at his last place of abode, or by leaving the summons for him on board any ship to which he may belong with the person being, or appearing to be in command or charge of the ship. "No order for payment of money is to be made in any such proceeding, if instituted in the United Kingdom, unless it be commenced within six months after the cause of complaint arises; or, if both or either of the parties happen during such time to be out of the United Kingdom, within six months after they both first happen to arrive or to be at one time within it; or if it be instituted in any British possession, unless it is commenced within six months after the cause of complaint arises; or, if both or either of the parties to the proceeding happen during such time not to be within the jurisdiction of any Court capable of dealing with the case, within six months after they both first happen to arrive or be at one time within the jurisdiction. "If the master or owner of a ship, who is directed by any order to pay any seaman's wages, penalties, or other sums, fail to pay them as prescribed in the order, the Court, justices, or magistrate who made the order, in "No provision contained in any other Act or addition to any other powers of compelling ordinance, for limiting the time within which payment, may direct the amount remaining un-summary proceedings may be instituted, is to paid to be levied by distress or poinding and affect summary proceeding under this Act.” sale of the ship, her tackle, furniture, and apparel. The order for payment of money here intended, is such as is contemplated by the Second Part of the 525th section, and there distinguished from a conviction. This power, by 7 & 8 Vict. c. 112, was confined to orders for the payment of seamen's wages, and in that respect a very just provision extending to justices the power possessed by the Admiralty Court. have By the Common Law Procedure Act, 1854, it is provided, that it shall not be necessary to prove by the attesting witness any instrument, to the validity of which attestation is not requisite. "To obviate the inconvenience which might arise from the new Shipping Act impliedly requiring almost all the documents to be at"A Court, justice, or magistrate imposing tested, it is provided that any document reany penalty, for which no specific application quired by it to be executed in the presence of, or to be attested by a witness or witnesses, is provided, has power to direct the whole or may be proved by the evidence of any person part of it to be applied in compensating any able to bear witness to the requisite facts, withperson for the wrong or damage he may sustained by the act or default in respect of which the penalty is imposed, or in paying the expenses of the proceedings. Subject to this power, all penalties recovered in the United Kingdom are to be paid into the Exchequer as the Treasury directs, and those recovered in any British possession are to be paid over into its public treasury." The time for instituting summary proceedings under the Act is thus limited.8 "No conviction for any offence can be made in any such proceeding, if instituted in the United Kingdom, unless it is commenced within six months after the commission of the out calling any attesting witness." An action in a Court of Common Law in this country, for injuries inflicted by one vessel on another, is not considered as in its nature local, "And might be brought against any person, though a foreigner, who happened to be within served with its process. In case of injuries, the jurisdiction of the Court, and could be too, anywhere on the high seas, and not in any foreign territory, a suit might be instituted in the Admiralty Court, if the ship came to this country, and could be taken possession of by its officers. This latter mode was certainly the most effectual in order to secure redress, 917 & 18 Vict. c. 125, s. 26. Alphabetical List of Suits in C and the object of the following provision seems to be to extend it to all cases where injury has been done to British property by a foreign ship, wherever it may have happened. 2 n Evidence before Commissioners. 199 sometimes happens that a well qualified man goes up, and he is plucked at the first Examination, and at the second he passes. I have been looking over the questions myself, and I ingly difficult to young men entering the Prohave been surprised to see questions so exceedfession; and I am sure that half the Attorneys in practice could not answer them.' "Whenever injury has, in any part of the world, been caused to property belonging to her Majesty, or her subjects, by a foreign ship, if at any time afterwards that ship is found in a port or river of the United Kingdom, or within three miles of its coast, the Judge of any Court of record in the United Kingdom, 712. You would suggest having a prelimior the Judge of the High Court of Admiralty, nary Examination, before admission ?—Yes; I or in Scotland the Court of Session, or the think even before they are apprenticed. It is sheriff of the county within whose jurisdiction a very serious question, particularly in the case the ship may be, upon its being shown to him of women left with children to bring up. They by any person applying suminarily that the in-fancy that they have an opportunity of starting jury was probably caused by the misconduct a boy in the Profession, and they have to pay or want of skill of her master or mariners, may the whole expense of his education, and of issue an order directed to an officer of Customs starting him, and the Stamp duty, and perhaps or other officer named by the Judge, requiring after all, the boy remains encumbering an him to detain the ship until such time as her office, and doing little or no good. owner, master, or consignee has made satisfaction for the injury, or given security, approved by the Judge, to abide the event of proceedings that may be instituted in respect of it, and to pay all costs and damages that may be awarded. Any officer of Customs or other officer to whom such an order is directed, is to detain the ship accordingly. But if it appears, that, before an application can thus be made, the ship will have departed beyond the limits just mentioned, any naval or military commissioned officer on full pay, or British officer of Customs, or British consular officer, may detain the ship until such time as will allow the application to be made, and its result communicated to him. The officer is fully protected in doing this, unless the detention is proved to have been made without reasonable grounds." 3 We think Mr. Dowdeswell has rendered good service by his able summary of the provisions of the Act. 713. You have, at the Law Institution, a rebe admitted?-Yes; but then it comes too late, gular course of Examination before parties can I think it would be a great improvement if they were to be examined before they are articled. 714. There are also courses of Lectures deCitation: INNS OF CHANCERY. EXTRACTS FROM THE MINUTES OF EVIDENCE THE following Evidence was given by the cery: Timothy Tyrrell, Esq., examined. 661. You are a Member of Lyon's Inn?Yes. Inn?-I believe we are considered as being 662. What is the constitution of Lyon's Ancients, but whether Members or Ancients, I believe the terms are almost synonymous. I believe we have not for many years had tain Examinations, you would have a much thing but Members or Ancients. better class of Articled Clerks, 711. You mean an Examination in general knowledge?—Yes; before they are Articled. I am satisfied that it is a very bad course of discipline now. A boy is taken raw from school, without its being at all known what taste he may have with reference to study. I must admit that the study is very uninviting at the first beginning, particularly if a boy is young from school. I cannot help thinking, that before he is entered as a regular Articled Clerk, it would be desirable that he should be entered as a noviciate in some way in an office, and he should then undergo an Examination in certain subjects. I think that he cannot be too well skilled in Classical knowledge, for I believe that would be the best foundation for any man to study Law upon; and I think, that if after being two years in an Attorney's office, he can pass certain Examinations, he might be less than the additional three years in an At any 663. Do you meet in any Hall?-Not at all. 664. What are your functions?-We appear to have none. It appears to be a private company. 665. How do you know who is a Member or an Ancient ? - We have documents by which the property passes. Before the property is conveyed, we constitute the individual a Member. 666. Who assumes to deal with the property?-Those individuals who are Ancients. In fact, there are only two of us left now. 667. How did you become an Ancient?-I was admitted at Chambers on the same day that I was constituted a Member, and having purchased chambers, I hold them still; I hold them for life, and a nomination, which in fact means the power of selling. 668. You wished to have chambers in Lyon's Inn-Yes, my father was there before me, and my brother also. 669. And you proceeded to some person to purchase them?-Yes, who were present. I 196 ·Review: Dowdeswell's Mn Evidence before Commissioners. are by the Act authorised to do; and for the purpose of giving jurisdiction, every offence is to be deemed to have been committed, and every cause of complaint to have arisen, either in the place where it actually was committed or arose, or where the person complained against may be. A Court, justice of the peace, or magistrate having jurisdiction under this or any other Act or at Common Law, for any purpose whatever, over any district on the coast of any sea, or abutting on, or projecting into any bay, channel, lake, river, or navigable water, is to have jurisdiction over any ship or boat being on, or lying or passing off such coast, or being in or near such bay, &c., and over all persons on board or belonging to her, as if they were within the limits of his original jurisdiction. "Service of any summons or other matter in any legal proceeding under the Act is to be sufficient, if made personally on the person, or at his last place of abode, or by leaving the summons for him on board any ship to which he may belong with the person being, or appearing to be in command or charge of the ship. "If the master or owner of a ship. who is directed, and attended with my father once; that is the only one I can recollect to have heard of. 676. Is there a Hall?-Yes. 677. Is the Hall ever opened?-It is only opened for the purpose of Societies to discuss there, for Debating Societies. 678. Who deals with the common property, the Hall, for instance?-The Ancients let it by means of their Steward, and they receive the rent for it. 679. The Ancients have a Steward?-Yes, and a Collector. 680. What has he to collect?-He merely collects our rents. 681. How are the rents dealt with ?-They are private property, except the 71. 13s. 4d. a year. We do not know upon what part of the Inn that is charged. We have Deeds, which are not very ancient. 682. When you took your Chambers, did you take them from somebody who was the previous owner of the Chambers? -Yes. 683. Did you covenant to pay rent for them? -No, there is no rent paid to anybody. 1 1 has been purchased by degrees, and it is now held by us two. 688. But there is a trace once of there hav ing been at one time some public function discharged at the Hall by Readers?-There have been Readers; Mr. Cooke was our Reader upon some occasion. It is a matter of record, I believe, in one of the London histories, and I remember to have seen a reader once as a boy. 689. Do you recollect who attended him?— Only the Ancients. 690. Not any Pupils or Students?—Not any: 691. Have you any recollection of dinners of your own Body in the Hall?—No, but I have heard of dinners of the Ancients in the Hall; I think that must have been as much as hundred years ago. a 692. Was there a kitchen attached to the Hall? There was a kitchen. 693. You pay a rent of 71. 13s. 4d. to the Inner Temple ?—Yes, which seems to yield us a Reader, if we select one. 694. You do not conceive yourselves bound to admit a Reader, unless you wish it?-I believe the real reason why it was omitted was, that we had a Reader once, I have heard my father say, who burlesqued the thing so greatly, that they were greatly disgusted, and never asked for another Reader. 695. Are you aware of any Trusts attached to the Society?-Not any; I do not know even the origin of the payment of the 71. 13s. 4d.; of course, if the Commissioners wish to have any information with respect to the Inn, I shall be happy to afford it as far as lies in my power: but I believe that it is one of those Inns, such as Serjeant's Inn, in Fleet Street, and I believe Serjeant's Inn, Chancery Lane, which are nothing but private property. 696. You have never had any Public Library ?—No. 697. Is there any common edifice but the Hall?-Not any. T 698. What is the greatest number of Anpiwas that piviver emberet avortionnd juired by it to be executed in the presence of, r to be attested by a witness or witnesses, nay be proved by the evidence of any person able to bear witness to the requisite facts, withbut calling any attesting witness." An action in a Court of Common Law in 684. What are the rents which the Steward his country, for injuries inflicted by one collects? The rent of my property, and of essel on another, is not considered as in its that of the other Members; for instance, Iature local, have Chambers which are let for 100l. a year, and he collects the rent. All the Chambers hough a foreigner, who happened to be within "And might be brought against any person, throughout the Inn belong to private indivi-he jurisdiction of the Court, and could be duals, and the Steward receives the rent. 685. Is every person who has private Cham-00, anywhere on the high seas, and not in erved with its process. In case of injuries, bers ipso facto an Ancient?-No, I imagine ny foreign territory, a suit might be instituted that originally there were Members independ-n the Admiralty Court, if the ship came to ently of the Ancients. There are only two of his country, and could be taken possession of he most effectual in order to secure redress, by its officers. This latter mode was certainly us left now. 686. Two Members or two Ancients?-Two Members who are the two Ancients. 687. And you hold all the property of the Inn between you?—It is held between us. the proprietor?— 1 es. It 704. Except the 71. 138. 4d. paid to the Inns of Chancery-Extracts from Evidence before Commissioners. Temple, you know of no payment for any Legal Pursuit, or anything connected with the Law?-No; it was the impression of my father that the Inn, as an Inn, was nothing but private property; so that it was a matter of consideration whether he should not even drop the mere form of admission. I hardly know how the form of admission has arisen. We have nothing but the mere admission upon the books of the Company; we have records of a great deal of it being private property, beCause we have Deeds and papers of no great antiquity. 705. You have never seen any record of any original grant?-No. 706. Does not the payment of the 77. 13s. 4d. to the Temple seem to raise the inference that it came from the Temple originally?-I should imagine that, like many other institutions of a similar character, the person who first established something in the shape of a House, contributed to the Inner Temple with the view of getting some teaching for those who were in the habit of resorting there; because I imagine that the word "Inn" meant merely a place of resort. 707. Like the Halls or Hostels in some of the Universities ?—Yes. 708. Was not the practice, with reference to the Readership, that the Inner Temple sent three names, out of which the Ancients selected one as the Reader?—Yes. 709. When was the last time you recollect that to have been done?-When I was quite a boy. I think in 1815. 199 sometimes happens that a well qualified man goes up, and he is plucked at the first Examination, and at the second he passes. I have been looking over the questions myself, and I have been surprised to see questions so exceedingly difficult to young men entering the Profession; and I am sure that half the Attorneys in practice could not answer them.' 712. You would suggest having a preliminary Examination, before admission?—Yes; I think even before they are apprenticed. It is a very serious question, particularly in the case of women left with children to bring up. They fancy that they have an opportunity of starting a boy in the Profession, and they have to pay the whole expense of his education, and of starting him, and the Stamp duty, and perhaps after all, the boy remains encumbering an office, and doing little or no good. 713. You have, at the Law Institution, a regular course of Examination before parties can be admitted?-Yes; but then it comes too late, I think it would be a great improvement if they were to be examined before they are articled. 714. There are also courses of Lectures delivered at the Law Institution?—Yes. 715. Is attendance upon those Lectures compulsory?-No; the attendance upon Lectures is voluntary. 716. Is not the attendance generally very good?-They tell me that the Lectures are very well got up, and attract a good number of Students; but I am inclined to fancy that they might be much more effective as Lectures, if there were periodical Examinations upon them. 710. Does anything occur to you which you I do not understand the value of Lectures unwould like to suggest with reference to the ad-attended with periodical Examinations. vancement of Legal education?—I think it might be improved a good deal. I think that if instead of having Attorneys, at their entrance, regarded as Articled Clerks, they underwent one or two years' probation before they became Articled Clerks and were obliged to pass certain Examinations, you would have a much better class of Articled Clerks, 717. The Lectures are not compulsory, but the Examination is compulsory?—Yes. 718. You would wish to have them examined monthly or quarterly, upon the subjects of the Lectures?-Yes. If you look at the College Examinations, you see how much they stimulate men. The College Examinations are generally as much a matter of anxiety every year 711. You mean an Examination in general as the University Examinations. I think we knowledge-Yes; before they are Articled. have a great number of men in my branch of I am satisfied that it is a very bad course of the Profession who have been introduced there discipline now. A boy is taken raw from without any previous knowledge, or capacity, school, without its being at all known what or inclination; and it certainly is one of those taste he may have with reference to study. I professions which do require inclination; and must admit that the study is very uninviting if there could be one or two years' Examinations at the first beginning, particularly if a boy is or trial of the Student before he is bound, I young from school. I cannot help thinking, that before he is entered as a regular Articled Clerk, it would be desirable that he should be entered as a noviciate in some way in an office, and he should then undergo an Examination 719. Would you think it desirable that that in certain subjects. I think that he cannot be preliminary Legal education should be given too well skilled in Classical knowledge, for I in an Inn of Court?-I think the more you believe that would be the best foundation for associate the Body generally, the more effect it any man to study Law upon; and I think, that will produce upon those who are coming in. if after being two years in an Attorney's office, he can pass certain Examinations, he might be less than the additional three years in an At torney's office. Then I think, with all due respect to those who make the Examinations at present, that they are very injudicious. It think it would be very useful. I think now, he is often kept there merely because the money has all been spent upon his first introduction. The witness was probably not aware that the Examiners require only a majority of the Questions to be answered.-ED. L. O. |