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.[1] 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
- ↑ As to the laws of foreign countries, see Evidence before Committee of 1860; also correspondence in Appendix, No. 3, pp. 571-82, and correspondence between Mr. Burns and the Board of Trade, Parl. Paper, No. 236, 19th May, 1871.
