ADDITIONAL RULES (APPEALS AND REHEARINGS) as to Investigations into Shipping Casualties, 1880. The Merchant Shipping Act, 1876, 39 & 40 Vict. c. 80. The Shipping Casualties Investigations Act, 1879, 42 & 43 Vict. c. 72. UNDER the authority of the above-mentioned acts, I, the Right Honourable Hugh MacCalmont, Earl Cairns, Lord High Chancellor of Great Britain, hereby make the following general rules :— Short Title. 1. These rules may be cited as "The Shipping Casualties (Appeal and Rehearing) Rules, 1880." Commencement. 2. These rules shall come into operation on the 21st day of April, 1880. Interpretation. 3. In the construction of these rules the word "judge" shall mean the Wreck Commissioner, stipendiary magistrate, justices or other authority empowered to hold an investigation into the conduct of a master, mate or engineer, or into a shipping casualty. Publication of Rules. 4. These rules shall be published by her Majesty's Stationery Office, through its agents, and a copy shall be kept at every custom house and mercantile marine office in the United Kingdom, and any person desiring to peruse them there shall be entitled to do so. Copy of Report where Certificate affected. 5. Where the certificate of a master, mate or engineer has been cancelled or suspended, the Board of Trade shall, on application by any party to the proceedings, give him a copy of the report made to the Board. Appeals. 6. Every appeal under section two of "The Shipping Casualties Investigations Act, 1879" (a), shall be subject to the conditions and regulations following, namely: (a.) The appellant shall, within seven days after the day on which the decision appealed against is pronounced, serve on such of the other parties to the proceedings as he may consider to be directly affected by the appeal, notice of his intention to appeal, and shall also, within two days after the appeal is set down, serve on the said parties notice of the general grounds of the appeal. (b.) If the appeal is brought by any party other than the Board of Trade, the appellant shall give such security, if any, by deposit of money or otherwise, for the costs to be occasioned by the appeal, as the judge from whose decision the appeal is brought, on application made to him for that purpose, may direct. (c.) The appellant shall, before the expiration of the time within which notice of appeal may be given, leave with the officer for the time being appointed for that purpose by the court to which the appeal is brought (in these rules referred to as the Court of Appeal) a copy of the notice of appeal, and the officer shall thereupon set down the appeal by entering it in the proper list. (a) See supra, p. ccclxxa. (d.) The Court of Appeal shall be assisted by not less than two assessors, to be selected, in the discretion of the court, having regard to the nature of each case, from either or both of the following classes: 1. Elder brethren of the Trinity House. 2. Persons approved from time to time by the Secretary of State as assessors for the purpose of formal investigations into shipping casualties, under section thirty of "The Merchant Shipping Act, 1876," and sub-section one of section three of "The Shipping Casualties Investigations Act, 1879." (e.) The Court of Appeal may, if it thinks fit, order any other person or persons, body or bodies, other than the parties served with the notice of appeal, to be added as a party or parties to the proceedings for the purposes of the appeal, on such terms with respect to costs and otherwise as to the Court of Appeal seems meet. (f.) Any party to the proceedings may object to the appearance on the appeal of any other party to the proceedings as unnecessary. (9.) The evidence taken before the judge from whose decision the appeal is brought shall be proved before the Court of Appeal by a copy of the notes of the judge, or of the shorthand writer, clerk, secretary or other person authorized by him to take down the evidence, or by such other materials as the Court of Appeal thinks expedient; and a copy of the evidence, and of the report to the Board of Trade containing the decision from which the appeal is brought, and of the notice of the general grounds of the appeal, shall be left with the officer for the time being appointed for that purpose by the Court of Appeal before the appeal comes on for hearing. For the purpose of this rule, copies of the notes of the evidence, and of the report, shall be supplied to the appellant, on request, by the judge or other person having charge thereof, on payment of the usual charge for copying. (h.) The Court of Appeal shall have full power to receive further evidence on questions of fact, such evidence to be either by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner. Evidence may also be given with special leave of the Court of Appeal as to matters which have occurred since the date of the decision from which the appeal is brought. (i.) The Court of Appeal shall have power to make such order as to the whole or any part of the costs of and occasioned by the appeal as may seem just. (j) Subject to the foregoing provisions of this rule, every appeal shall be conducted under and in accordance with the general rules and regulations applicable to ordinary proceedings before the Court of Appeal to which it is brought; but there shall not be anything in the nature of pleadings, other than the notice of the general grounds of the appeal, except by special permission of the Court of Appeal. (k.) On the conclusion of an appeal, the Court of Appeal shall send to the Board of Trade a report of the case similar to that required to be sent by the judge from whose decision the appeal is brought. Rehearings by Order of Board of Trade. 7. (a.) Where the Board of Trade direct a rehearing under section two of "The Shipping Casualties Investigations Act, 1879," they shall cause such reasonable notice to be given to the parties whom they consider to be affected by the rehearing as the circumstances of the case may, in the opinion of the Board of Trade, permit. (b.) The provisions distinguished as (d.), (e.), (ƒ.), (g.), (h.), (i.), (j.) and (k.) of the last foregoing rule shall apply to a rehearing as if it were an appeal, and as if the court or authority before whom the rehearing takes place were the Court of Appeal. Dated this 17th day of April, 1880. CAIRNS, C. The following Orders in Council, relating to pilotage, have been made since the Pilotage Table, at p. 110, was printed : ORDER IN COUNCIL relating to the Navigation of the River Mersey. At the Court at Osborne House, Isle of Wight, the 5th day of January, 1881. Present, The Queen's most excellent Majesty in Council. WHEREAS, by an Order in Council made in pursuance of "The Merchant Shipping Act Amendment Act, 1862," and dated the 27th day of June, 1866, her Majesty, on the application of the Mersey docks and harbour board being the harbour trust owning and exercising jurisdiction upon the waters of the River Mersey, and in the sea channels, and approaches thereto, was pleased to make certain rules set forth in the schedule thereto concerning the lights and signals to be carried, and concerning the steps for avoiding collision to be taken by vessels navigating such waters (a): 66 And whereas by an Order in Council made as aforesaid and dated the 14th day of August, 1879, her Majesty was pleased to direct that the new regulations for preventing collisions at sea," contained in the first Schedule to the said Order should come into operation on the 1st day of September, 1880, and should be substituted for and in lieu of the "regulations for preventing collisions at sea" appended to the then existing Order in Council dated the 9th day of January, 1863 (b). And whereas by an Order in Council made as aforesaid and dated the 24th day of March, 1880, her Majesty was pleased to direct that the operation of Article 10 of the said new regulations should be suspended until the 1st day of September, 1881, and that there should be substituted therefor and in lieu thereof Article 9 of the said recited Order in Council of the 9th day of January, 1863 (c). And whereas the said Mersey docks and harbour board have applied to her Majesty in Council to make, and have submitted for approval certain new rules (in which are embodied, subject to certain exceptions and additions therein mentioned, the said recited new "regulations for preventing collisions at sea"), concerning the lights and signals to be carried, and concerning the steps for avoiding collision to be taken by vessels navigating the said waters, to be substituted for and in lieu of the rules set forth in the schedule to the said recited Order in Council of the 27th day of June, 1866: And whereas the new rules so submitted as aforesaid appear to be reasonable and proper: Now, therefore, her Majesty by virtue of the powers in her vested by the said recited act, and by and with the advice of her Privy Council, doth hereby make the said new rules which are set forth in the Schedule hereto, and her Majesty doth hereby direct that the same shall come into operation on the first day of February, 1881, and shall be substituted for and in lieu of the rules set forth in the Schedule to the (a) See supra, p. 49. APPDX. [5 X] (b) See supra, p. 175. (c) See supra, p. 179. Navigation Mersey River. Navigation said recited Order in Council of the 27th day of June, 1866, and that from Rules. and after the said first day of February, 1881, the said last-mentioned rules shall be and the same are hereby rescinded. Mersey River. SCHEDULE. RULES concerning the Lights or Signals to be carried, and concerning the steps for avoiding Collision to be taken by Vessels navigating the River Mersey. 1. Every vessel exceeding ten tons measurement, including river craft while navigating, or anchored, or moored in any part of the River Mersey, shall from and after the first day of February, 1881, observe and obey the new regulations for preventing collisions at sea," as set out in the first Schedule annexed to an Order in Council made in pursuance of "The Merchant Shipping Act Amendment Act, 1862," and dated the 14th day of August, 1879, and as varied and amended by an Order in Council made as aforesaid and dated the 24th day of March, 1880, with the exceptions and additions mentioned in the following rules. 2. Canal flats and all other vessels without masts, whilst being towed, shall carry the lights prescribed for sailing vessels by Article 6 of the said “regulations for preventing collisions at sea." 3. In addition to the lights for a steam vessel towing another vessel prescribed by Article 4 of the said regulations, such steam vessel shall carry a bright white light showing astern as a guiding light to the vessel or vessels being towed. 4. Instead of the light prescribed by Article 8 of the said regulations, every vessel when at anchor in the River Mersey shall carry two white lights in globular lanterns of not less than eight inches in diameter, and so constructed as to show a clear uniform and unbroken light visible all round the horizon for at least one mile, one of which lights shall be placed at a height not exceeding twenty feet above the hull on the forestay, or otherwise near the bow where it may best be seen, and the other at the main or mizen peak, or on the boom topping lift, or other position near the stern at double the height of the bow light before mentioned. 5. Instead of the light prescribed by Article 11 of the said regulations, a bright white light, similar to the lights mentioned in Rule 4, shall be shown continuously from the stern rail of every vessel while underway and in motion in all weathers, between sunset and sunrise. 6. A vessel anchored to mark the position of a wreck or other obstruction shall carry in all weathers, from sunset to sunrise, two bright white lights similar to those mentioned in Rule 4, which lights shall be placed horizontally on a cross yard on the foremast at a height not exceeding twenty feet above the hull, and twenty feet apart. And the said vessel shall carry in all weathers, between sunrise and sunset, two black balls placed as herein before ordered with regard to the lights afore-mentioned. (a) See supra, pp. 175, 179. |