When dangerous goods may be declared forfeited. Jurisdiction of the County Courts to declare dangerous cargoes forfeited, "son show that he was merely an agent in the shipment of any "such goods as aforesaid, and was not aware and did not suspect and had no reason to suspect that the goods shipped "by him were of a dangerous nature, the penalty which he "incurs shall not exceed ten pounds."-36 & 37 Vict. c. 85, 66 s. 23. The above section, it is to be noticed, provides that dangerous goods shall only be carried on certain specified conditions. The conditions are, briefly, as follows :-(1.) The nature of the dangerous goods must be distinctly marked outside the package containing the same. (2.) Written notice must be given of the nature of the goods, and of the name and address of the sender or carrier thereof, to the master or owner of the vessel at or before the time of sending the same to be shipped or taking the same on board the vessel.-Neglect of these conditions renders the shipper of such goods, or his agent, if he has notice of their dangerous character, liable for every such offence to a penalty not exceeding £100. Where the conditions, as to the shipment of dangerous goods, indicated by section 23 of "The Merchant Shipping Act, 1873" (b), have not been fulfilled, and where any such goods have been sent or carried, or attempted to be sent or carried, under a false description, or the sender or carrier thereof has been falsely described, it shall be lawful for "any Court having Admiralty jurisdiction" to declare such goods, and any package or receptacle in which they are contained, to be forfeited, and when forfeited, they shall be disposed of as the Court directs (c). This jurisdiction may be exercised, though the owner has not committed any offence, under the provisions of this Act as to dangerous goods, and be not before the Court, and have not notice of the proceedings, and notwithstanding that there is no evidence to show to whom the goods belong (d). 66 The section of "The Merchant Shipping Act, 1873," conferring the jurisdiction just briefly described, is as follows:"Where any dangerous goods have been sent or carried, or attempted to be sent or carried, on board any vessel, British "or foreign, without being marked as aforesaid, or without "such notice having been given as aforesaid, and where any "such goods have been sent or carried, or attempted to be sent or carried, under a false description, or the sender or carrier "thereof has been falsely described, it shall be lawful for any "Court having Admiralty jurisdiction to declare such goods, The Merchant" and any package or receptacle in which they are contained, Shipping Act, to be and they shall thereupon be forfeited, and when for"feited shall be disposed of as the Court directs. and as to the disposal of same. 1873, s. 27. 66 "The Court shall have and may exercise the aforesaid powers "of forfeiture and disposal notwithstanding that the owner of "the goods have not committed any offence under the pro"visions of this Act relating to dangerous goods, and be not "before the Court, and have not notice of the proceedings, and "notwithstanding that there be no evidence to show to whom "the goods belong; nevertheless the Court may, in its dis"cretion, require such notice as it may direct to be given to "the owner or shipper of the goods before the same are "forfeited."-36 & 37 Vict. c. 85, s. 27. arises. It is to be noticed that it is not quite free from doubt In what cases whether the power to declare dangerous goods to be forfeited, forfeiture conferred by the above section, can be exercised where, though the conditions as to the shipment of such goods, prescribed by section 23 of the Act, have not been fulfilled, there has been no false description of the goods or of their owner or carrier. This depends upon whether the word "and," which occurs in the first paragraph of the above section, immediately after the words" without such notice having been given as aforesaid," is conjunctive or disjunctive. It is submitted, however, that it is disjunctive, and that, therefore, a declaration of forfeiture may be made, though there has been no false description of the goods or of their owner or carrier. vested. It is also to be observed that the jurisdiction indicated In what Courts by the above section is conferred upon "any Court having jurisdiction Ådmiralty jurisdiction." It therefore may clearly be exercised by such of the County Courts as are constituted by Orders in Council as Admiralty Courts, and possibly by all County Courts, as it would seem that all County Courts do possess some Admiralty jurisdiction (e). SECTION II. THE PRACTICE IN PROCEEDINGS UNDER "THE It may be as well to state generally, that, "The Merchant "The County It is presumed that any person may proceed under section 27 of the Act, with a view to having dangerous goods declared forfeited. The owner of the goods need not be before the Court, or have notice of the proceedings (g). Court Rules, 1875," apply to proceedings under the Act so far as applicable. Parties. "The Merchant Shipping Act, 1873," provides that, though Notice before it is not essential that the owner of the goods have notice of proceedings. (e) Supra. () Set out post, p. 887. (g) 37 & 38 Vict. c. 85, s. 27, supra. Within what district proceedings to be taken. Commence ment of proceedings. Hearing. the proceedings to have them declared forfeited, "the Court may, in its discretion, require such notice as it may direct, to be given to the owner or shipper of the goods before the same are forfeited" (h). Though the Act is silent on the subject, it is presumed that the proceedings under section 27 should be taken in the County Court of the district where the things prohibited by that section are done. Proceedings in the County Court, under section 27 of the Act, may be commenced by plaint or petition (i). As already seen (k), the Court may exercise the jurisdiction conferred upon it by section 27, in the absence of the owner, and though no notice has been given to him (7). It may, however, direct notice to be given; and, where this course is followed, the hearing would of course be adjourned in consequence. The Court may adjudicate upon the case, though there is no evidence to show to whom the goods belong (m). It is to be noticed that the Court may declare the goods themselves to be forfeited, and also any package or receptacle in which they are contained (n). Moreover, when the declaration of forfeiture has been made by the Court, the things so declared to be forfeited, "shall thereupon be forfeited, and when forfeited, shall be disposed of as the Court directs" (0). (h) 36 & 37 Vict. c. 85, s. 27, ante, pp. 814, 815. (1) 36 & 37 Vict. c. 85, s. 27, ante, pp. 814, 815. (n) 36 & 37 Vict. c. 85, s. 27, ante, pp. 814, 815. BOOK IV. JURISDICTION AND PROCEEDINGS IN ADMIRALTY CHAPTER IX. THE JURISDICTION AND PRACTICE OF THE COUNTY COURTS IT has been stated in the previous Chapter (a), that, by a series of statutes, commonly called "The Plimsoll Acts," the greater security of life at sea has been, as far as possible, promoted. The first of these statutes was passed in 1871, and was called "The Merchant Shipping Act, 1871." The last of such Acts-and that which contains the most important of the provisions now in force on this subject-was passed in 1876, and is called "The Merchant Shipping Act, 1876." The provisions for the preservation of life and property at sea, contained in "The Merchant Shipping Acts," deal with the subject from two separate and distinct points of view. In the first place, stringent provision is now made to secure the detention of ships-whether British or foreign-which are unseaworthy. The enactments now in force on this subject, are contained in "The Merchant Shipping Act, 1876" (b), and may be summed up as follows :-An unseaworthy ship—whether British (c) or foreign (d)—may be detained first, provisionally, and, if need be, afterwards finally, by order of the Board of Trade. But an appeal may, in either case, be made to a "Court of Survey," against any such order of detention. may appeal In the next place, "The Merchant Shipping Act, 1854," (2.) Passenrequires that all passenger steamers obtain certain certificates. ger steamers In case such certificates be refused, it is now provided by "The against a Merchant Shipping Act, 1876" (e), that an appeal against such refusal of refusal may be made to a Court of Survey (f). their certificate Establish ment of Provision is made by "The Merchant Shipping Act, 1876" (g), for the establishment of "Courts of Survey," to hear and decide the appeals thus given by the Act, either against orders for the detention of ships, or against the refusal Survey. of her certificates to a passenger steamer. The enactment Courts of Division of the subject. Constitution of Courts of chant Shipping Act, 1876, s. 7. Judges. Assessors. Registrars. constituting these Courts, will be set out presently, and it provides that the Judges of the various Courts of Survey shall be appointed by rules to be made under the Act. In pursuance of this section, certain rules called "The Rules of the Court of Survey, 1876," have been made, which will be more fully referred to presently. With these preliminary remarks by way of explanation, it will be convenient to consider (I.) The constitution and officers of the County Courts as Courts of Survey. (II.) The jurisdiction of County Courts as Courts of Survey. (III.) The practice of County Courts as Courts of Survey. SECTION I.-CONSTITUTION, OFFICERS AND GENERAL POWERS 66 "The Merchant Shipping Act, 1876," provides as follows :— "A Court of Survey for a port or a district shall consist of a Judge sitting with two assessors. "The Judge shall be such person as may be summoned for "the case in accordance with the rules made under this Act "out of a list (from time to time approved for the port or dis"trict by one of Her Majesty's Principal Secretaries of State, "in this Act referred to as a Secretary of State,) of wreck "commissioners appointed under this Act, stipendiary or metropolitan police magistrates, Judges of County Courts, "and other fit persons; but in any special case in which the Board of Trade think it expedient to appoint a wreck com"missioner, the Judge shall be such wreck commissioner. 66 66 "The assessors shall be persons of nautical engineering or "other special skill and experience; one of them shall be appointed by the Board of Trade, either generally or in each case, and the other shall be summoned in accordance with the "rules under this Act by the Registrar of the Court, out of a "list of persons periodically nominated for the purpose by the "Local Marine Board of the port, or, if there is no such Board, "by a body of local shipowners or merchants approved for the purpose by a Secretary of State, or, if there is no such list, "shall be appointed by the Judge; if a Secretary of State "thinks fit at any time, on the recommendation of the Govern"ment of any British possession or any foreign state, to add 66 any person or persons to any such list, such person or persons "shall, until otherwise directed by the Secretary of State, be "added to such list, and if there is no such list shall form such "list. "The County Court Registrar or such other fit person as a "Secretary of State may from time to time appoint, shall be "the Registrar of the Court, and shall, on receiving notice of an "appeal or a reference from the Board of Trade, immediately summon the Court in the prescribed manner to meet forthwith. 66 |