of Act to benefits of the Act, although his employers guaranteed him a SECT. 7. minimum wage of thirty shillings a week (y). Further, a shore Application hand, that is, a member of the crew of a trawler, thus remunerated seamen. was also held to be excluded from the Act in respect of an accident which happened to him when he was storing fish boxes on another vessel belonging to the same employers, such additional employment being incidental to his engagement as a shore fisherman (2). (3) This section shall extend to pilots to whom Part X. of the Merchant Shipping Act, 1894, applies, as if a pilot when employed on any such ship as aforesaid were a seaman and a member of the crew. The material sections of the Merchant Shipping Act, 1894, here referred to, are as follows: (742.) Pilot means any person not belonging to a ship who has the conduct thereof, and PART X.-PILOTAGE. (572.) This part of the Act extends to the United Kingdom and the Isle of Man only, but applies to all ships British and foreign. (586.) A pilot shall be deemed a qualified pilot for the purposes of this Act if duly licensed by any pilotage authority to conduct ships to which he does not belong. (596.) This section provides for the inclusion of unqualified pilots taking charge of a ship on certain occasions. Carl XV., (1892) P. 132.) (See The Whilst on the subject of pilots being included within the Act we must inquire what effect it will have on sect. 633 of the Merchant Shipping Act, 1894, which enacts:-"An owner or master of a ship shall not be answerable to any person whatever for any loss (y) The Admiral Fishing Co., Ltd. v. Robinson, (1910) 1 K. B. (2) Whelan v. G. N. S.S. Co., 78 L. J. K. B. 860. SECT. 7. seamen, SECT. 11. or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of that ship within any district where the employment of a qualified pilot is compulsory by law." In the first place, if a pilot is held entitled to recover under the Act he will be entitled whether he is in fault or no. The element of negligence does not come in. Then suppose others also are injured, will the owner have to compensate them? If so, under sect. 6 of the Act will he be entitled to an indemnity from a third party in fault-in this case the pilot? Then we should arrive at the interesting result, an owner having to compensate the pilot, and the pilot having to compensate everyone else-i.e., if this sect. 633 of the Merchant Shipping Act, 1894, be ignored as being by inference negatived by the Act. Detention of Ships. 11.-(1) If it is alleged that the owners of any ship are liable as such owners to pay compensation under this Act, and at any time that ship is found in any port or river of England or Ireland, or within three miles of the coast thereof, a judge of any court of record in England or Ireland may, upon its being shown to him by any person applying in accordance with the rules of the court that the owners are probably liable as such to pay such compensation, and that none of the owners reside in the United Kingdom, issue an order directed to any officer of customs or other officer named by the judge requiring him to detain the ship until such time as the owners, agent, master, or consignee thereof have paid such compensation, or have given security, to be approved by the judge, to abide the event of any proceedings that may be instituted to recover such compensation and to pay such. compensation and costs as may be awarded thereon; and any officer of customs or other officer to whom the order is directed shall detain the ship accordingly. of Act to (2) In any legal proceeding to recover such com- SECT. 7. pensation, the person giving security shall be made Application defendant, and the production of the order of the judge, seamen, and made in relation to the security, shall be conclusive SECT. 11. evidence of the liability of the defendant to the of ships. proceeding. (3) Section six hundred and ninety-two of the Merchant Shipping Act, 1894, shall apply to the detention of a ship under this Act as it applies to the detention of a ship under that Act, and, if the owner of a ship is a corporation, it shall for the purposes of this section be deemed to reside in the United Kingdom if it has an office in the United Kingdom at which service of writs can be effected. This section, following the lines of the similar provisions in the Shipowners' Negligence (Remedies) Act, 1905 (a), was enacted to meet those cases where injured workmen had difficulties in finding proper parties from whom to obtain compensation. The effect of this section, as limited by sect. 7, is as follows: Sect. 11 is itself limited to (1) owners liable under this Act, and (2) those ships where none of the owners reside in the United Kingdom. Sect. 7 only applies to those seamen, &c. who are (1) workmen, and (2) members of the crew of either (a) a registered ship, or (b) British ship, of which the owner, managing owner or manager resides in the United Kingdom. The sect. 692 of the Merchant Shipping Act, 1894, referred to is as follows: DETENTION OF SHIP AND DISTRESS ON SHIP. Detention 692. (1) Where under this Act a ship is to be or may be detained, Merchant Shipping Act, any commissioned officer on full pay in the naval or military service of 1894, s. 692. (u) 5 Edw. 7, c. 10. SECT. 7. Application of Act to seamen, and SECT. 11. Detention of ships. Her Majesty, or any officer of the Board of Trade, or any officer of the customs, or any British consular officer may detain the ship, and if the ship after detention or after service on the master of any notice of or order for detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner, and any person who sends the ship to sea, if that owner or person is party or pricy to the offence, shall be liable for each offence to a fine not exceeding one hundred pounds. (2) Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorised to detain the ship, or any surveyor or officer of the Board of Trade or any officer of customs, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also to a fine not exceeding one hundred pounds, or, if the offence is not prosecuted in a summary manner not exceeding ten pounds for every day until the officer or surveyor returns, or until such time as would enable him after learing the ship to return to the port from which he is taken, and the expenses ordered to be paid may be recovered in like manner as the fine. (3) Where under this Act a ship is to be detained an officer of customs shall and where under this Act a ship may be detained an officer of customs may refuse to clear that ship outwards or to grant a transire to that ship. (4) Where any provision of this Act provides that a ship may be detained until any document is produced to the proper officer of customs the proper officer shall mean, unless the context otherwise requires, the officer able to grant a clearance or transire to such ship. The procedure for enforcing such detention is governed by the rules of practice as follows: COURT IN WHICH PROCEEDINGS ARE TO BE TAKEN. Rule 73.—(2) An application for an order for the detention of a ship may, subject to the provisions of the rules for the time being in force under the Shipowners' Negligence (Remedies) Act, 1905 (b), be made SECT. 7. to the judge of any court. Application of Act to SECT. 11. (3) Where proceedings by way of arbitration for the recovery of seamen, and compensation are taken against the persons giving security, pursuant to the Shipowners' Negligence (Remedies) Act, 1905, or sect. 11 of of ships. the Act, and Rules 37 and 38, such proceedings may be commenced— (i) in the County Court of the district in which all the parties concerned reside; or (ii) if the parties concerned reside in different districts, (a) in the County Court of the district in which the accident occurred; or (b) if the accident occurred at sea, (1) in the County Court of the district in which the vessel is or was detained, or in which the order for detention was made or applied for; or (2) in the County Court of the district in which the workman, or the dependants of the workman, or some or one of them, resides or reside; without prejudice to any transfer in manner provided by these rules. DETENTION OF SHIPS. (Sect. 11.) 37 (c).--(1) An application for an order for the detention of a ship (b) See explanatory memorandum issued by Rules Committee at end of this chapter. was (c) The following note issued to these rules by the Rules Committee: Rule 37 provides for the detention of foreign ships under sect. 11. This clause is a repetition, as to the cases of compensation under the Act, of the Shipowners' Negligence (Remedies) Act, 1905 (5 Edw. 7, c. 10), which applies to cases of injuries caused by negligence. It is therefore suggested that applications should be made under the rules (if any) under that Act. In fact, no such rules have yet been made, as great difficulties have County Courts as above mentioned, application for detention shall be |