CO885-(11-13) — Page 544

12609/92.

B

I s T o [ 6 ] 2 | 1

PUBLIC RECORD OFFICE

Reference :-

No. 2624.

(GOLD COAST.)

LAW OFFICERS to BOARD OF TRADE.

OPINION.

1. We are of opinion that section 432 of the Merchant Shipping Act, 1854, applies to foreign ships while they are within the limits of British jurisdiction, that is to say, in this case the United Kingdom, and that the powers of that and subsequent sections may be put in force if the loss, abandonment, damage, or casualty occurred within these limits.

Since the case of Reg. v. Keyn and the Territorial Waters Act, 1878, the United Kingdom must be held to terminate at low-water mark (see Harris ». Owners of Franconia," 2 C.P., D.P., 173), including, however, all ports, harbours, estuaries, bays, and waters which are situate inter fauces terræ.

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2. When section 432 applies as above mentioned, and while the foreign ship or her crew are within British jurisdiction, the Board of Trade will have the same means of enforcing its powers upon them respectively that it has with respect to British ships and British subjects.

3. We are of opinion that section 448 applies in the case of foreign ships which are or may have been in distress on the coasts of the United Kingdom, provided that a person belonging to such ship, or any other person who may be able to give any account thereof, or of the cargo or stores thereof, be found within the limits of British jurisdiction.

The words "on the coasts" in this section, we think, mean in the vicinity of the shore, i.e., a reasonable distance depending upon the circumstances of each case (see the Leda, 1 Swabey, p. 40.)

4. We are of opinion that the words "on the coasts other tidal water.

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include a harbour, river, and

5. We are of opinion that the question whether a ship is in distress" is one which must depend upon the locality, the state of the elements, the condition of the ship, &c., and each case must be determined with reference to the surrounding circumstances, and whether, having regard to all of these, the vessel's condition or position is such that it is imminently endangered and in need of assistance or is wrecked.

6. The Board of Trade has no powers under section 448 in any case, so far as we can see, but the Receiver of Wreck or the justice of the peace has the same means of enforcing the powers under section 448 against the master and crew of foreign ship, provided they are within British jurisdiction, as he has in respect of British subjects, viz., the powers contained in section 15, sub-sections 3, 4, 5, being the powers relating to the examination of witnesses and nothing else.

(Signed)

HENRY JAMES. FARRER HERSCHELL. A. L. SMITH.

..).

Temple,

July 20, 1881.

• 70451.-16.

25.-7/92.

CO.

885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO