late, or whenever the crew or part of the crew of a ship which has been wrecked, lost, or abandoned abroad, arrives at any place in his Consulate. In cases of quarrels between master and crew, a Consul is not likely to incur the trouble and expense of such a court where he thinks the matter a trifling one, or that it can be settled satisfactorily by his own arbitration. But if the general state of discipline in the ship is very bad, or if the charges made involve important nautical questions, or if powers are necessary which a Consul alone cannot exercise, he will probably summon a naval court. And this is most likely to take place where the removal of a master or the compulsory discharge of any of the crew appears to be necessary. In cases of wreck, loss, or abandonment, the object of summoning a court will be to ascertain what the causes may have been. If it is clear that it has been caused by unavoidable accident, it will be unnecessary to institute a formal inquiry; but if there is any suspicion that it has been caused by the misconduct or neglect of the master or any of the crew, or by reason of the ship being insufficiently manned, or if it has arisen from any causes the investigation of which would be attended with benefit, such as the deviation of compasses, want of proper lights or sea marks, or errors in charts, it may be found well by the Consul to have the case investigated by competent men at the earliest possible period after the occurrence.* The court will consist of three, four, or five members. When possible, one of these must be an officer in the navy, of the rank of a lieutenant or some higher rank, one a Consul, and one a master of a British merchant ship. If it consists of more than three, the remainder may be naval officers, masters of merchant ships, or British merchants. If there be no naval officer or Consul able to * Tuson, 72. attend, his place may be filled by a master of a British ship, or a British merchant. Due notice should be given to parties and witnesses; and the latter can be examined under oath. If the investigation involves a charge against any person, great care will be taken to give him full notice in the shape of an extended statement, and of the time and place at which the court is to sit. He will be allowed to be present whilst the evidence is taken, and to bring any testimony, or make any statement in his defence. The court can be open to the public. There is no provision made in the statute for the allowance of counsel to a party accused, but it would seem to be but reasonable that an advocate should be allowed to attend under similar restrictions as are customary in ordinary courts-martial and naval courts; that is to say, allowing him to write down questions and cross-questions to be put to witnesses, and to prepare in writing the defence of the accused; permitting him also to read it (without, however, any addition or outside remarks). In cases where, from the incompetency or misconduct of the master, or for any other reason, it is necessary for the safety of a ship or crew, or for the interests of the owner, to remove such master, and appoint another, the court may do so. It, however, must be unanimous; and if there is a consignee of the ship at the place, the new appointment must not be made without his consent. The president of the court endorses upon the certificate of registry a memorandum of the change of master, and subscribes the same, and reports such change.* Formerly the power to cancel or suspend the certificate of a master or mate was vested in the Board of Trade; but now, by the Merchant Shipping Act Amendment, 1862, this power is to be exercised by a naval court, or other specified tribunal. It embraces, also, the cancelling or suspending the certificates of certificated engineers. * Merchant Shipping Act, 1854, Sections 242, 246. The court must, at the conclusion of the case, or as soon afterwards as possible, state, in open court, the decision to which they may have come with respect to cancelling or suspending a certificate; and also send a full report upon the case, with the evidence, to the Board of Trade, whenever they determine to cancel or suspend it. The Board of Trade may, in case they should think justice requires it, reissue and return a certificate, or shorten the time for which it is suspended, or grant a new one of the same or any lower grade. And the court will have to remember that no certificate will be cancelled or suspended unless a copy of the report, or a statement of the case upon which the investigation is ordered, has been furnished to the owner of such certificate before the commencement of the investigation.* And every master, mate, or engineer, whose certificate is, or is to be, suspended or cancelled, must, on demand of the court, deliver it to them; or, should it not be demanded by such court, then he must, on demand, deliver it to the Board of Trade, or as it may direct. If this be not complied with, a penalty not exceeding fifty pounds will be incurred.† The court may, with or without the consent of the parties, discharge any seaman from his ship; and if the case requires it, may declare his wages or any portion of them to be forfeited; and may, in cases where the owner is a sufferer by the man's conduct, direct them to be detained by him, by way of compensation, or to be paid into the Queen's Exchequer. The power to discharge extends to mates.‡ The court may, also, decide any questions as to wages, fines, or forfeitures. If any seaman or apprentice is imprisoned in any foreign port by the local authorities, at the instance of master or owner, or of the court or Consul, and the court is of opinion that such imprisonment is * Merchant Shipping Act, Section 23. Ibid. Section 263. M just, it may make an order that all or any of the costs incurred in procuring the imprisonment, or of the maintenance of the offender while imprisoned, shall be paid out of, and deducted from, the wages.* In cases brought, where it appears that grave crimes have been committed, a naval court may send home the offenders for trial, with the witnesses.† The naval court may, in its discretion, direct costs to be paid by any of the parties. These costs may include any expenses actually, properly, and necessarily incurred, either by the officers summoning the court, or by any of the parties; it cannot include any remuneration to the members of the court. If the court are of opinion that the complaint is frivolous or vexatious, they may order the person who has made it to pay such sum as they consider to be a reasonable compensation for any loss or delay caused thereby. The court may also order any costs or compensation to be deducted from the wages of the person whom it sentences to pay such costs.‡ As soon as the court makes an order, it will be entered in the official log-book of the ship to which the proceedings relate, and the entry must be signed by the president of the court.§ When the proceedings are concluded, a full report is made to the Board of Trade. A person who obstructs the summoning or the proceedings of any naval court, will incur a penalty of 50l. or imprisonment with hard labour for twelve months.¶ 10. DISCHARGE OF SEAMEN ABROAD. All seamen discharged in a foreign port must be paid off in presence of the Consul, or at such a place as he shall designate. Merchant Shipping Act, 1854, Section 263. Ibid. Section 263. Ibid. Section 118. § Ibid. Section 264. Ibid. Section 265. All disputes between masters and seamen in a foreign port will have to be referred to the Consul, and his decision is to be taken as conclusive. It is to be distinctly understood that no seaman can, under any circumstances, be legally discharged from a British vessel in a foreign port without the sanction of the Consul (where there is one), and any violation of this provision subjects the offender to the penalty of a misdemeanor.* If a seaman's voyage terminates out of the United Kingdom, the master must, in addition to paying his wages, give the man a proper certificate of discharge, which is to be countersigned by the Consul, where there is such an officer; and any master who fails to comply with this requirement, or wrongfully retains or fails to deliver up any certificate of competency or service belonging to the seaman discharged, incurs a penalty not exceeding twenty pounds.† A supply of certificates of discharge, in the form sanctioned by the Board of Trade, should be procured by the master before he sails from his British port, as it is not always possible to obtain them abroad. If the proper printed discharge be not procurable, the master may give the seaman a written discharge made out, as nearly as possible, in accordance with the prescribed form, as thus: |