Unnecessary outcry of the Shipowners.
Question of limited liability.
The central body of Shipowners, while protesting[159] against the injustice of this Act, forgot that, in point of fact, the limitation of their liability was thereby secured, which it was not under the common law of England. They further contended that the 511th clause of the Merchant Shipping Act was inconsistent with the 504th clause, as the former enacts that parties seeking compensation may refuse to accept the indemnity awarded by the authorities constituted by the Act,[160] and may bring an action against the Shipowner for damages, by which he might be rendered liable to an amount in many cases involving the whole of his capital. But the clause providing that any person who is dissatisfied with the amount of statutory damages (30l. each person) may bring an action on his own account, enacts expressly “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 is liable to pay all the costs as between attorney and client.”
Value of life.
On the other hand, if, as was observed by way of illustration in the course of discussion, a bishop were to fall a victim to an accident, it might be considered that an assessment of 30l. would not compensate the surviving members of the bishop’s family for such loss. There can be no doubt that the framers of the present law, when repealing the old laws, endeavoured to deal substantial justice. They must have felt that, to exempt Shipowners from liability beyond the value of the ship and freight would, in too many instances, be an encouragement for unscrupulous persons to employ worn-out and inadequately-manned vessels in the conveyance of passengers and emigrants: and on the other hand, that to subject Shipowners, guilty of no fault or default, to unlimited liability for such calamities would induce men of property and character to withdraw their fortunes from so great a hazard.
Powers given to the Board of Trade.
To prevent as far as possible either of these evils, and to insure compensation for personal injury, or injury consequent from loss of life, was one great object of the existing Acts; and fully to carry it into effect, the Board of Trade has now power to require the sheriff to summon a jury for the purpose of ascertaining the number, names, and descriptions of all persons killed or injured by reason of any wrongful act, neglect, or default.[161]
Mode of procedure in inquiries about loss of life.
At such an inquiry the Board of Trade is plaintiff, and the Shipowner liable for the occurrence the defendant.[162] A special jury may be called, and the usual precautions as to costs are adopted. The Board of Trade may make any compromise it thinks fit as to damages, which are, in each case of death or injury, to be assessed at the statutory 30l., and are made the first charge on the aggregate amount for which the owner is liable. The Act regulates the proceedings, and confers extensive powers on the Board of Trade in the distribution of the funds. With regard to any dissatisfied person claiming more, he is liable, if he does not recover damages to double the statutory amount, to pay costs to the defendant Shipowner; and, even if he obtains a verdict, the damages recoverable are still to be payable out of the residue, if any, of the aggregate amount for which the Shipowner is liable, after deducting all sums paid to Her Majesty’s Paymaster-General. In cases, where several claims are made or apprehended, against the Shipowner for loss of life, personal injury, or loss or damage to ships, boats, or goods, he may appeal to the Court of Chancery to determine the amount of his liability; the question of liability or non-liability being left to another jurisdiction. But it has been held that a Shipowner, who applies to a court of Equity in order to obtain its assistance, must admit that he has incurred some liability. Of course, all costs in relation to these matters may be brought into account among the part-owners of the same ship, in the same manner as any other moneys disbursed for the use thereof.
Further complaints of the Shipowners,