The Commission on Merchant Shipping.

Evening Star, Issue 7341, 13 October 1887, Page 4

The Commission on Merchant Shipping.

The report of the Royal Commission on Merchant Shipping will contain the following recommendations :

1. That the law of marine insurance should be revised, with the object of securing that every shipowner insuring his vessel should retain some uninsured interest in it j that for the present, and tentatively, this interest should bo 3 per cent, on the value which the owner chooses to place on his ship ; and that all claims on the policy, whether for partial or total loss, should be subject to this deduction. 2. That with the object of securing this, there should be implied in every policy a warranty that the insurer will remain his own insurer in all respects for the 3 per cent, of the valuation ; and that a person knowingly making a false claim should forfeit the whole of the policy. 3. That in insurance on freight tho net freight only—that is to say, the freight, less the advance and less the expenses at the time of the loss remaining to be incurred for the purpose of earning it— should alone be recoverable under any form of insurance on freight; and that no valuation of freight in a policy should be binding. 4. That tho law of constructive total loss should be amended ; and that if tho amount for which the ship could be repaired is less than the valuation in the policy, the underwriter should be liable only for the amount of such estimate for the repairs. 5. That the implied warranty of seaworthiness should apply to time policies as well as to voyage policies, and that in both cases the shipowner should be bound to use all reasonable means to keep his ship in a seaworthy condition; but that the warranty should apply to patent and not latent defects, of which from their nature the owner or his servants or agents can have no knowledge, 6. That questions of seaworthiness in insurance cases should be tried by a Judge with the aid of nautical assessors, and without a jury, except iu cases where fraud is alleged. 7. That all honor policies should be not only void, but should be prohibited by law, and that the prohibition should be enforced by penalties against both parties. 8. That whore honor policies have been taken out, the ordinary legitimate policies should also be void.

9. That deviations to save property as well as life should not vitiate any insurance, nor expose the shipowner to liability under bills of lading. 10. That in cases of loss where inquiry takes place before a Court, the Court should have power to call for full particulars as to all insurances which have been effected on the vessel, freight, or cargo. 11. That the existing statutory rights of underwriters to call for particulars of insurance in all interests should be extended to any case in which a claim is made on them, whether an action is pending or not, 12. That any provision in a hill of lading or other agreement having for its object or effect to avoid nr limit the liability of a shipowner in respect of goods shipped under it should have no legal validity if the loss has been occasioned by the ship having been sent to sea in un unscaworthy condition, unless lie proves that he or those to whom lie commits the management of his business used all reasonable means to make or keep the vessel seaworthy. 13. That the Employers' Liability Act of 1880 should be extended to seamen. 14. That the discretionary power conferred on the Hoard of Trade to detain vessels should be dispensed with, except in cases where the ship is loaded below the statutory mark.

15. That the load-line recommended by the Commission on that subject, and now acted upon by the Board of Trade and Lloyd’s, should be made the subject of legal enactment, enforceable by penalty.

16. That the President of the Board of Trade should have statutory power to appoint committees of experts to advise the Board on various shipping questions which may arise from time to time, and which may seem to require the interference of the Board.

17. That Her Majesty’s Government should take immediate steps to invite a conference of maritime States to consider how far it may be possible to agree upon identic rules for the loading of merchant vessels, and also what measures can be mutually agreed on for enforcing such regulations.

IS. That inquiries by the Wreck Commissioners should in future be confined to a statement of the facts of the case inquired into and the cause of the casualty. 19. That where it appears to the Board of Trade that the result of such inquiry justifies interference with the certificates of any officers of the vessels which are the subject of inquiry the Board should refer the question to tho local Marine Board.

20. That a copy of the report in any inouiry should be registered at the Board of Trade and at Lloyd’s, and be open for reference to any shipowner applying to see it, 21. That where a local Marine Board reports that blame attaches to an officer for misconduct, and not for the mere error of judgment, the finding of the Court should be endorsed on the certificate of the officer, 22. That in all cases in which nautical assessors are engaged, they should be selected with special reference to their acquaintance with the particular class of ships and the voyage in question, and should be persons having recent experience in these matters. 23. That whenever a ship comes into port on hoard of which an accident involving loss of life has taken place at sea some inquiry in the nature of an inquest should be forthwith held by an independent judicial officer.

24, That a simple professional examination should he required for the rating of boatswains and carpenters. 25. That seamen with the rating of A.B. should be required to have continuous records of their services.

26. That powers similar to those now conferred on the Board of Trade in the case of vessels arriving in our ports on their homeward voyage for tho purpose of preventing crimping should be conferred on them in the case of outward-bound vessels.

27. That negotiations should he undertaken by Her Majesty’s Government, with other Powers, for the purpose of securing our seamen in foreign ports against the evils of crimping. 23. That advance notes should bo legalised, but strictly limited in all cases to the advance of one month’s wages.