The Gazette 1984

GAZETTE

JANUARY/ FEBRUARY 1984

Presentation of Ship's Bell to Admiralty Court The start of what is hoped will be a new tradition in the Irish courts was marked by a presentation which tock place recently on board the s.t.v.Asgard II in the Port of Dublin, when Mr. Niall McGovern, General Manager of Irish Shipping, presented the ship's bell from the Irish Pine to the High Court Admiralty Marshal, Gerard L. Frewen. The bell, which carries the name of the Irish Pine and the coat of arms of Irish Shipping, is handsomely mounted on a mahogany stand bearing a brass plate with details of the presentation of the bell for use in the Admiralty Court. Among those present at the ceremonial handing-over were Mr. Justice McMahon, Admiralty Judge of the High Court; Mr. Patrick Lindsay, Master of the High Co u r t; Ca p t a in La n g r e n, Pe r s onn el Superintendent of Irish Shipping; Captain Healy, Master of the s.t.v. Asgard II, and other senior members of Irish Shipping Limited. The bell recalls the first vessel of the name to sail under the Irish flag during the Second World War. The ship was tragically lost with all hands in the North Atlantic, sunk on the 15th November, 1942 by a German U-boat, U-608. It took only three minutes for the ship to sink; although the U-boat recorded the lowering of a life-boat, none of the thirty-three crewmen survived the rough seas and freezing weather. U-608 was itself sunk in the Bay of Biscay in August, 1944. The bell, which has now passed to the Admiralty Court, is that of the Irish Pine III, launched in 1973 and now passed into foreign ownership. It is intended that the bell will be placed in the Court of the Admiralty Judge when he is sitting for admiralty business. This rather specialised jurisdiction is exercised by a Judge of the Court nominated by the president of the High Court. Mr. Justice McMahon, the present holder of that nomination, is himself a keen yachtsman and is well-known in sailing circles in Ireland and further afield. The Court of Admiralty in these islands has a long tradition. While its origins are lost in time, it is known that such a court existed in England in the 14th century. One Sir Thomas Beaufort claimed the title of "Admiral of the Fleet and Admiral of England, Ireland and Aquitaine" as far back as 1407. The Admiralty Court had a dual jurisdiction, 'instance'jurisdiction in such matters as maritime contract, seamen's wages, salvage, etc., and 'prize' jurisdiction in relation to the seizure and exploitation of enemy vessels and property. This latter jurisdiction enabled many holders of office to amass considerable personal fortunes, and led to frequent complaint by the unhappy victims of such practices. One unhappy Admiralty Marshal is remembered in Empringham's Case, when he was convicted in 1611, fined and imprisoned, and dispossessed of his ill-gotten gains. It was not until the 1870's that the exceptional jurisdiction of the Admiralty Court was brought into line with that of the Courts of Common Law, and the system as it is known today came into being. England, being a maritime nation with a large merchant fleet, has greater need for an Admiralty Court than Ireland has. Neverthe-

less, ship collisions, salvage claims, disputed repair and supply bills, unpaid mortgages, etc., provide sufficient business for the Irish Court during the year. Earlier this year a German vessel was sold by the Admiralty Marshal by order of the Court; a year ago another vessel realised the sum of £380,000.00. In England when the Admiralty Court is sitting, a silver oar some 33" in length is placed before the Judge. The history of the oar goes back to 1559, the year when Elizabeth Tudor ascended the English throne. The Irish Pine bell has a long way to go before it can lay claim to equal antiquity, but its first use in the High Court in 1983 will hopefully mark the beginning of a tradition which will continue for many years to come, and keep alive the memory of brave men who gave their lives in the service of Ireland's fledgling merchant navy. •

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