Page 6 - British Inquiry into Loss of RMS Titanic Day 1 - 5

attention to in the Statute that it is worthwhile to refer to. I do not know whether your Lordship has noticed - perhaps I had better just call attention to it as you have the section before you - sub- section 3 of section 466, which says that “the Court holding any such formal investigation shall hold the same with the assistance of one or more assessors of nautical, engineering, or other special skill or knowledge”; and then it says how they are to be appointed. Now, my Lord, I propose to call your attention to the Rules; there are very few to which I need call your attention if your Lordship has them before you. The President: Yes, I have them. The Attorney-General: Rule 3 deals with the notice of investigation which has to be “served upon the owner, master and officers of the ship, as well as upon any person who, in their opinion, ought to be served with such notice.” I will hand in the formal Notice of Investigation which has been served; it will not be necessary to prove the service of it; I have no doubt my learned friend will take that as evidence. “The notice shall contain a statement of the questions which, on the information then in possession of the Board of Trade, they intend to raise on the hearing of the investigation.” The President: Where is that? The Attorney-General: That is in Rule 3 of the Statutory Rules and Orders of 1907. May I hand up a print - I think your Lordship will find that more convenient. Under the head of Rule 3, “When an investigation has been ordered the Board of Trade may cause a notice, to be called a Notice of Investigation, to be served upon the owner, master and officers of the ship, as well as upon any person who, in their opinion, ought to be served with such notice. The Notice shall contain a statement of the Questions which, on the information then in possession of the Board of Trade, they intend to raise on the hearing of the Investigation.” “The Board of Trade may at any time before the hearing of the investigation by a subsequent notice amend, add to, or omit any of the questions specified in the Notice of Investigation.” (4) The Board of Trade, the owner, the master, or any certified officer or other person upon whom a Notice of Investigation has been served shall be deemed to be parties to the proceedings. (5) Any other person may by leave of the Judge appear, and any person who appears under this Rule shall thereupon become a party to the proceedings.” Then, my Lord, under paragraph 8, “Affidavits and Statutory Declarations may, by permission of the Judge and saving all just exceptions, be used as evidence at the hearing.” Paragraph 10 is: “The proceedings on the Investigation shall commence with the production and examination of Witnesses by the Board of Trade.” That deals with procedure which follows the ordinary course. Paragraph 11 is: “When the examination of the Witnesses produced by the Board of Trade has been concluded, the Board of Trade shall state in open Court the questions in reference to the casualty, and the conduct of the certified officers or other persons connected therewith upon the opinion of the Court is desired. In framing the questions for the opinion of the Court, the Board of Trade may make such modifications in, additions to, or omissions from, the questions in the Notice of Investigation, or subsequent notices referred to in Rule 3, as having regard to the evidence which has been given the Board of Trade may think fit.” Then (12) “After the questions for the opinion of the Court have been stated, the Court shall proceed to hear the parties to the Investigation upon and determine the questions so stated.” Then it deals with the procedure with which I will not trouble your Lordship, because it substantially follows what is the usual practice. After all the evidence has been heard, any of the parties who desire to do so may address the Court upon the evidence, and the Board of Trade may address the Court in reply upon the whole case. Then paragraph 17 is: “At the conclusion of the Investigation the Judge shall report to the Board of Trade.” That is all there is in the Rules which affects this matter. Then, my Lord, I will hand in the Order for the formal Investigation which contains what is called the Statement of the Case.