Catalogue description Courts of Survey

Prior to 1871, the Board of Trade did not have power to prevent an unsafe ship proceeding to sea, the ship owner being liable to a penalty if it was proved after the event that he had allowed his ship to sail in an unseaworthy state. The Merchant Shipping Act, 1871, introduced a new principle, it being recognised that prevention of an offence was better than penalisation after it occurred. The Act provided that if a complaint had been made that a ship was, by reason of the defective condition of her hull or equipment, unfit to proceed to sea, the Board of Trade might order her to be surveyed and, if the complaint proved to be well founded, detained until the defect had been rectified.

The courts to which appeal against detention could be made were those having jurisdiction under the County Courts Admiralty Jurisdiction Act, 1868 (England), the Court of Admiralty (Ireland) Act, 1867 (Ireland) and the Court of the Sheriff for the County (Scotland).

A ship owner who was dissatisfied with the decision of a surveyor appointed by the Board of Trade could appeal and the court could then appoint one or more competent persons to survey the ship anew. Upon such appeal, the court could decide as to the detention or discharge of the ship and could also deal with costs and damages occasioned by her detention, including the expenses of the original survey as they thought just.

The Merchant Shipping Act 1894 replaced the earlier acts. Henceforth appeals were to be made to a local Court of Survey. The Registrar of a Court of Survey would be the County Court Registrar or one appointed by the Secretary of State. Judges were appointed from lists of local magistrates, county court judges and Wreck Commissioners approved by a Secretary of State. In special cases the Board of Trade were authorised to appoint a wreck commissioner as judge. Judges reported their findings to the Board of Trade.

The courts would normally sit with assessors having appropriate nautical, engineering or other special skills and experience.

Until 1897 the Wreck Commissioners, who were officers of the Divorce, Probate and Admiralty Division of the High Court, were also responsible for the Registry of the Court of Survey for London. From 1897 the clerk for wreck inquiry business and Registrar for the Court of Survey for London was based at the Treasury.