Board of Trade v Leith Local Marine Board
| Jurisdiction | Scotland |
| Judgment Date | 24 November 1896 |
| Docket Number | No. 34. |
| Date | 24 November 1896 |
| Court | Court of Session |
Lord Trayner, Lord Moncreiff, Lord Justice-Clerk.
ShipBoard of TradeLocal Marine BoardCancellation of Master's CertificateMerchant Shipping Act, 1894 (57 and 58 Vict. cap. 60), secs. 469, 470, and 471.
The Board of Trade remitted a case under sec. 471 of the Merchant Shipping Act, 1894, for inquiry to a Local Marine Board, who reported that they found the charge proved, and recommended that the certificate he suspended, but refused to cancel or suspend the certificate on the ground that they had no power under the Act to do so.
In a special case presented by the Lord Advocate as representing the Board of Trade, and by the secretary of Leith Local Marine Board as representing that Board, held (1) that the Local Marine Board was a Court within the meaning of sec. 470, subsec. (b) of the Act of 1894, and had power to cancel or suspend the certificate of a master, mate, or engineer; (2) that the Board of Trade had no power to cancel or suspend a certificate except on the ground that the holder of it has been convicted of an offence.
Opinion (per Lord Trayner) that the word offence refers to an offence which may be punished by fine or imprisonment.
The Board of Trade, on 4th February 1896, remitted a case under section 471 of the 1894 Act to the Local Marine Board at Leith for inquiry, and the latter made a report thereon on 7th February 1896, in which they find the charge proven, and recommend that his certificate be suspended, but refused to cancel or suspend the certificate of the person whose conduct was inquired into, on the ground that they had no power under the Act to cancel or suspend.
The Board of Trade maintained that a Local Marine Board had the power under the said Merchant Shipping Act, 1894, to cancel or suspend the certificate of a master, mate, or engineer; but the Leith Local Marine Board maintained that a Local Marine Board was not a Court within the meaning of section 470 (b) of the Act, that it had no power of itself to cancel or suspend such a certificate, and that its functions were limited to pronouncing a finding whether the person accused was or was not guilty of the charge made against him, and to reporting to the Board of Trade with a recommendation as to how his certificate should be dealt with. The Board of Trade, however, further maintained that the Board of Trade had no power to cancel or suspend upon such a recommendation, but only when a master, mate, or engineer had been convicted of any offence.
In these circumstances this special case was presented by (1) the Lord Advocate, as representing the Board of Trade, and (2) John Hutchings, secretary to the Local Marine Board at Leith.
The questions of law were:1. Whether a Local Marine Board has power under the said Merchant Shipping Act, 1894, to cancel or suspend the certificate of a master, mate, or engineer? 2. Has the Board of Trade power to cancel or suspend the certificate of a master, mate, or engineer when a Local Marine Board has reported in favour of its cancellation or suspension?
The Merchant Shipping Act, 1894 (57 and 58 Vict. c. 60), repealed the whole of the Merchant Shipping Act, 1854, and of the Merchant Shipping Amendment Act, 1862, and by sections 469, 470, and 471, it provided as follows:
Sec. 469.The Board of Trade may suspend or cancel the certificate of any master, mate, or engineer, if it is shewn that he has been convicted of any offence.
Sec. 470.(1) The certificate of a master, mate, or engineer, may be cancelled or suspended,(a) By a Court holding a formal investigation into a shipping casualty under this part of this Act, or by a Naval Court constituted under this Act, if the Court find that the loss or abandonment of or serious damage to any ship, or loss of life, has been caused by his wrongful act or default, provided that, if the Court holding a formal investigation is a Court of summary jurisdiction, that Court shall not cancel or suspend a certificate unless one at least of the assessors concurs in the finding of the Court: (b) By a Court holding an inquiry under this part of this Act into the conduct of a master, mate, or engineer, if they find that he is incompetent, or has been guilty of any gross act of misconduct, drunkenness, or tyranny, or that in a case of collision he has failed to render such assistance or give such information as is required under the fifth part of this Act: (c) By any Naval or other Court where under the powers given by this part of this Act the holder of the...
To continue reading
Request your trial
-
Mersey Docks and Harbour Board v Hay
......On that day the Appellants' Assistant Marine Surveyor formed the opinion that the vessel was or was likely to become an ......