Page:History of merchant shipping and ancient commerce (Volume 3).djvu/369



At such an inquiry the Board of Trade is plaintiff, and the Shipowner liable for the occurrence the defendant. 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