Page 589
Captain under notice is mulcted in a fine of 100 Dollars.
The Guild venture to submit that, in stating that in no-wise was the Master absolved from responsibility in the event of an accident, this evidently resulting in the Master's punishment, the Hon. L.A.V. Barnes Lawrence was not acting in accordance with the legal interpretation of the position. Consequently, his judgment was ultra vires. In substantiation, the Guild have to quote extracts from the decisions of Justice Sir Francis Jeune and Mr Justice Barnes in the Appeal case heard in the Admiralty Court, of Captain J. Harrison of the S.S. "Grecian" who upheld the appeal and quashed the decision of a Canadian Court which suspended Captain Harrison's certificate for three months.
The President, Sir Francis Jeune:
They are as follows:-
"That raises a question as to what the relations were between the pilot and the captain. It is suggested, in the notice of appeal, that this was a case of compulsory pilotage. In point of fact, I think it was not.
It was rather one of those abroad, where a ship is compelled to pay for a pilot, but is not exempted from consequences by reason of the pilot being in charge. But for the purpose of this appeal, it does not appear to me to be of any importance whether pilotage was compulsory or not, because there is no doubt that they had to pay for a pilot, and there is no doubt, therefore, it was expected they would take a pilot, and it appears to me to follow that they were bound to use the assistance of that pilot, and to receive his advice under those circumstances. It is suggested that the captain might have gone and looked at the chart, which means that the captain should have taken charge of the ship. I cannot help...
ドカー
589
Captain under notice is mulcted in a fine of 100 Dollars.
The Guild venture to submit that, in stating that in no-wise was the Master absolved from responsibility in the event of an
accident this evidently resulting in the Master's punishment the Hon. L.A.V. Barnes Lawrence was not acting in accordance with
the legal interpretation of the position. Consequently his judg-
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ment was ultra vires. In substantiation, the Guild have to quote
extracts from the decisions of Justice Sir Francis Jeune and Mr Justice Barnes in the Appeal case heard in the Admiralty Court, of Captain J. Harrison of the S.S. "Grecian" who upheld the appeal and quashed the decision of a Canadian Court which suspended Cap- tain Harrison's certificate for three months.
The President, Sir Francis Jeune:
They are as follows:-
"That raises a question as to what the relations were between the pilot and the captain. It is suggested, in the notice of appeal, that this was a case of com- pulsory pilotage. In point of fact I think it was not.
It was rather one of those abroad, where a ship is com- pelled to pay for a pilot, but is not exempted from con- sequences by reason of the pilot being in charge. But for the purpose of this appeal, it does not appear to me to be of any importance whether pilotage was compulsory or not, because there is no doubt that they had to pay for a pilot, and there is no doubt, therefore, it was
expected they would take a pilot, and it appears to me to follow that they were bound to use the assistance of
that pilot, and to receive his advice under those circum stances. It is suggested that the captain might have gone and looked at the chart, which means that the cap- tain should have taken charge of the ship. I cannot
help/
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