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113-511: In British maritime law and custom, an ensign is the identifying flag flown to designate a British ship, either military or civilian. Such flags display the United Kingdom Union Flag in the canton (the upper corner next to the staff), with either a red, white or blue field, dependent on whether the vessel is civilian, naval, or in a special category. These are known as the red , white , and blue ensigns respectively. Outside

226-633: A Red Ensign with the arms of its provinces on one shield as its national flag (the Canadian Red Ensign ). In 1924, an order-in-council made the flag official (for certain purposes) and replaced the provincial arms with the royal arms of Canada . The red ensign was replaced by the current red and white maple-leaf flag in 1965. In that same year, the provinces of Ontario and Manitoba adopted red ensigns defaced by their provincial arms as their provincial flags. (see Flag of Ontario and Flag of Manitoba ) [REDACTED] Media related to Ensigns of

339-534: A Survey of production —an up-to-date compendium of detailed statistics necessary for regulating specific industries. In 1906, the Merchant Shipping Act upgraded the minimum working conditions, and the safety protections for both British sailors, and crews of foreign ships that used British ports. In 1907, the Patents and Design Act gave financial protection to British designs to stop unfair foreign copies. In

452-463: A U.S. ship must be brought in federal court and cannot be done in state court, except for under the reverse Erie Doctrine whereby state courts can apply federal law. When property is lost at sea and rescued by another, the rescuer is entitled to claim a salvage award on the salvaged property. There is no "life salvage": all mariners have a duty to save the lives of others in peril without expectation of reward. Consequently, salvage law applies only to

565-478: A civilian craft is still illegal, unless it has a white border, ever since Charles   I ordered it be restricted to His Majesty's ships "upon pain of Our high displeasure" in the 17th century, mainly due to its unauthorised use by merchant mariners to avoid paying harbour duties by passing themselves off as royal vessels. British ensigns currently in use can be classified into five categories, in descending order of exclusivity: The traditional order of seniority

678-683: A committee of the Privy Council of the United Kingdom . The board has gone through several evolutions, beginning with extensive involvement in colonial matters in the 17th century, to powerful regulatory functions in the Victorian Era and early 20th century. It was virtually dormant in the last third of the 20th century. In 2017, it was revitalised as an advisory board headed by the International Trade Secretary who has nominally held

791-463: A double border of red and white chequers. The flag of Hawaii is a British ensign with a background of white, red and blue stripes. Also in existence is a Royal Air Force (RAF) ensign and a civil air ensign , both of which have a sky-blue field, with the Union Flag in the canton. The RAF Ensign is defaced with the red-white-blue RAF roundel , while the field of the civil air ensign is charged with

904-732: A government department with considerable power and a diverse range of functions, including regulation of domestic and foreign commerce, the development, implementation and interpretation of the Acts of Trade and Navigation , and the review and acceptance of legislation passed in the colonies. Between 1696 and 1782 the Board of Trade, in partnership with the various secretaries of state over that time, held responsibility for colonial affairs, particularly in British America . The newly created office of Home Secretary then held colonial responsibility until 1801, when

1017-594: A large dark-blue cross fimbriated white. During World War II , the Belgian section of the RAF used a variant of RAF Ensign defaced with the black-yellow-red roundel. The flag of Tuvalu and that of Fiji are also defaced sky blue ensigns. The white ensign of the commissioner of the Northern Lighthouse Board is unique in that it remains one of the only examples of a pre-1801 Union Flag in official use today. This flag

1130-575: A new Committee of Council on Trade and Plantations (later known as 'the First Committee') was established by William Pitt the Younger . Initially mandated by an Order in Council on 5 March 1784, the committee was reconstructed and strengthened by a second order, on 23 August 1786, under which it operated for the rest of its existence. The committee has been known as the Board of Trade since 1786, but this name

1243-660: A one-year statute of limitations. A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse- Erie doctrine". While the " Erie doctrine " requires that federal courts hearing state actions must apply substantive state law, the "reverse- Erie doctrine" requires state courts hearing admiralty cases to apply substantive federal admiralty law. However, state courts are allowed to apply state procedural law. This change can be significant. Claims for damage to cargo shipped in international commerce are governed by

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1356-643: A plea seeking judgment from the court. A leading sponsor of admiralty law in Europe was the French Queen Eleanor of Aquitaine . Eleanor had learned about admiralty law while on the Second Crusade in the eastern Mediterranean with her first husband, King Louis VII of France . Eleanor then established admiralty law on the island of Oléron , where it was published as the Rolls of Oléron . Some time later, while she

1469-816: A private organization of maritime lawyers known as the Comité Maritime International (International Maritime Committee or CMI). Founded in 1897, the CMI drafted numerous international conventions, including the Hague Rules (International Convention on Bills of Lading), the Visby Amendments (amending the Hague Rules), the Salvage Convention, and many others. While the CMI continues to function in an advisory capacity, many of its functions have been taken over by

1582-562: A reputation as a conciliator. In Cabinet, he worked with Lloyd George to champion social reform . He promoted what he called a "network of State intervention and regulation" akin to that in Germany. Churchill's main achievements came in 1909. First was the Labour Exchanges Bill . It set up over 200 labour exchanges with William Beveridge in charge. The unemployed would come in and be assisted in finding employment. He also promoted

1695-652: A result of the reorganisation of the navy in 1652 by Admiral Robert Blake . Each squadron flew one of the three ensigns. In addition to the Admiral of the Fleet (who was Admiral of the Red), each squadron had its own admirals, vice admirals and rear admirals, e.g. Lord Nelson was Vice Admiral of the White at the time of his death. The red squadron tended to patrol the Caribbean and north Atlantic,

1808-464: A separate body. The board carried on this work but also had long periods of inactivity, devolving into chaos after 1761 and dissolved in 1782 by an act of Parliament by the Rockingham Whigs . William Pitt the Younger re-established the committee in 1784, and an Order in Council of 23 August 1786 provided the formal basis that still remains in force. A secretariat was established which included

1921-524: A separate education committee for Wales. The bill passed the House of Commons greatly amended but was completely mangled by the House of Lords. No compromise was possible and the bill was abandoned, allowing the 1902 Act to continue in effect. Nonconformists were bitterly upset by the failure of the Liberal Party to reform the 1902 Education Act, its most important promise to them, and over time their support for

2034-521: A shipowner to both pay for an injured seaman's medical treatment until maximum medical recovery (MMR) is obtained and provide basic living expenses until completion of the voyage, even if the seaman is no longer aboard ship. Admiralty law in Pakistan is also classified as shipping law . The Pakistan Merchant Shipping Ordinance 2001 has replaced the Merchant Shipping Act 1923 . This replacement

2147-410: A shipowner's breach of its obligation to provide maintenance and cure is willful and wanton, the shipowner may be subject to punitive damages. See Atlantic Sounding Co. v. Townsend , 557 U.S. 404 (2009) (J. Thomas). Shipowners owe a duty of reasonable care to passengers. Consequently, passengers who are injured aboard ships may bring suit as if they had been injured ashore through the negligence of

2260-420: A stationary object, they typically use the term allision . The fixed object could be a bridge or dock . While there is no great difference between the two terms and often they are even used interchangeably, determining the difference helps clarify the circumstances of emergencies and adapt accordingly. Before the mid-1970s, most international conventions concerning maritime trade and commerce originated in

2373-540: A third party. The passenger bears the burden of proving that the shipowner was negligent. While personal injury cases must generally be pursued within three years, suits against cruise lines may need to be brought within one year because of limitations contained in the passenger ticket. Notice requirements in the ticket may require a formal notice to be brought within six months of the injury. Most U.S. cruise line passenger tickets also have provisions requiring that suit to be brought in either Miami or Seattle . In England ,

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2486-423: A vessel with fuel, or pulling a vessel off a sand bar. Salvors performing high-order salvage receive substantially greater salvage award than those performing low-order salvage. In both high-order and low-order salvage the amount of the salvage award is based first upon the value of the property saved. If nothing is saved, or if additional damage is done, there will be no award. The other factors to be considered are

2599-551: A warrant issued by the Director of Naval Reserves, and by the members of certain yacht clubs. Such warrants are issued to officers in the active or retired lists of the Royal Naval Reserve and the maritime reserve forces of other Commonwealth realms and territories. The master must be of the rank of lieutenant RN or above, and fishing vessels must be crewed by at least four other Royal Naval reservists or pensioners. The Ensign of

2712-631: Is a British government body concerned with commerce and industry, currently within the Department for Business and Trade . Its full title is The Lords of the Committee of the Privy Council appointed for the consideration of all matters relating to Trade and Foreign Plantations , but is commonly known as the Board of Trade, and formerly known as the Lords of Trade and Plantations or Lords of Trade , and it has been

2825-782: Is alluded to in other legal texts (Roman and Byzantine legal codes), and later the customs of the Consulate of the Sea or the Hanseatic League . In southern Italy the Ordinamenta et consuetudo maris (1063) at Trani and the Amalfian Laws were in effect from an early date. Bracton noted further that admiralty law was also used as an alternative to the common law in Norman England, which previously required voluntary submission to it by entering

2938-454: Is an active member of the ILO. There are several universities that offer maritime law programs. What follows is a partial list of universities offering postgraduate maritime courses: A pseudolegal conspiracy theory of American origin, notably present among the anti-government sovereign citizen and freeman on the land movements, asserts that at some point maritime law, which they consider to be

3051-555: Is evidence of maritime law being in effect. One variation of this theory is based on a misinterpretation of the English Cestui Que Vie Act 1666 which stated that a person missing at sea shall be assumed to be dead after seven years; conspiracy theorists claim that the government uses this Act to secretly enslave people, by assuming any person to be legally dead from the age of seven and thereafter considering their person and/or property as its possessions. The origin of

3164-516: Is flown only from vessels with commissioners aboard. There are two "yellow" ensigns in use in the South Pacific , both featuring the Southern Cross . The personal flag of the governor of Victoria , Australia, has been the flag of Victoria with a yellow instead of a dark blue background. The flag of Niue , a self-governing dependency of New Zealand, is also a yellow ensign. More unusually, it

3277-441: Is no contract between the owner of the goods and the salvor. The relationship is one which is implied by law. The salvor of property under pure salvage must bring his claim for salvage in court, which will award salvage based upon the "merit" of the service and the value of the salvaged property. Pure salvage claims are divided into "high-order" and "low-order" salvage. In high-order salvage, the salvor exposes himself and his crew to

3390-585: Is not exhaustive of the subject matter. Canadian jurisdiction was originally consolidated in 1891, with subsequent expansions in 1934 following the passage of the Statute of Westminster 1931 , and in 1971 with the extension to "dry" matters. Recent jurisprudence at the Supreme Court of Canada has tended to expand the maritime law power, thus overriding prior provincial laws based on the provinces' power over property and civil rights . Article III, Section 2 of

3503-422: Is occasionally desirable to distinguish between the situation of a vessel striking a moving object and that of it striking a stationary object. The word " allision " is then used to mean the striking of a stationary object, while " collision " is used to mean the striking of a moving object. Thus, when two vessels run against each other, courts typically use the term collision whereas when one vessel runs against

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3616-531: Is the Union Flag canton rather than the fly which is defaced with a modified Southern Cross. There is some evidence of the existence of a Green Ensign in British Ireland, defaced with a gold Irish harp in the fly. It is not clear to what extent this unofficial ensign was ever in use by Irish merchant ships at the time. The flag of the British Antarctic Territory has a white field defaced with

3729-576: Is used widely among Cornish mariners. Often flown by leisure craft and occasionally flown by Cornish merchant vessels. First flown in 2003 the Devon Regatta Ensign adds a Union flag into the canton of the Devon Flag – the flag is described as for use at regattas, high days and holidays, weddings and burials at sea. This flag can also be referred to as the St Petroc's Ensign, due to its link with

3842-645: The Admiralty Court Act 1861 [24 Vict c 10]. While Pakistan now has its own statute, the Admiralty Jurisdiction of High Courts Ordinance, 1980 (Ordinance XLII of 1980), it also follows English case law. One reason for this is that the 1980 Ordinance is partly modelled on old English admiralty law, namely the Administration of Justice Act 1956. The current statute dealing with the Admiralty jurisdiction of

3955-560: The American War of Independence , both the board and the short-lived secretaryship were dismissed by the king on 2 May 1782 and the board was abolished later by the Civil List and Secret Service Money Act 1782 ( 22 Geo. 3 . c. 82). Following the Treaty of Paris 1783 , with the continuing need to regulate trade between its remaining colonies, the independent United States and all other countries,

4068-532: The American plantations and elsewhere. Staff appointed to serve the board in 1696 included a secretary, a deputy secretary, some clerks, office keepers, messengers, and a necessary woman; more staff such as a solicitor and a porter were added later. The Lords Commissioners of Trade and Foreign Plantations , commonly known as the Lords of Trade, did not constitute a committee of the Privy Council, but were, in fact, members of

4181-736: The British East India Company , like the Cambridge or Grand Union Flag of the American colonies , had a red and white striped field. There were similar red-and-white and green-and-white striped ensigns in the English Navy in the 16th century. Similarly in flag plates from the 17th and 18th centuries there are representations of the Guinea Jack of the Royal Africa Company in various forms; the jack consisted of St George's Cross within

4294-475: The Carriage of Goods by Sea Act (COGSA), which is the U.S. enactment of the Hague Rules. One of its key features is that a shipowner is liable for cargo damaged from "hook to hook", meaning from loading to discharge, unless it is exonerated under one of 17 exceptions to liability, such as an " act of God ", the inherent nature of the goods, errors in navigation , and management of the ship. The basis of liability for

4407-548: The English colonies , depending on the internal demographics and political and religious division of each. Between 1643 and 1648 the Long Parliament would establish a parliamentary Commission for Plantations to take the lead in colonial and commercial affairs. This period also saw the first regulation of royal tonnage and poundage and begin the modernization of customs and excise as growing sources of government revenue. During

4520-609: The European Union , and disputes are resolved at the ITLOS tribunal in Hamburg. Seaborne transport was one of the earliest channels of commerce, and rules for resolving disputes involving maritime trade were developed early in recorded history. Early historical records of these laws include the Rhodian law ( Nomos Rhodion Nautikos ), of which no primary written specimen has survived, but which

4633-634: The Gulf of Aden , Somali Basin , Southern Red Sea and Bab-el-Mandeb straits ) are advised to implement self-protective measures, in accordance with most recent best management practices agreed upon by the members of the merchant industry and endorsed by the NATO Shipping Centre, and the Maritime Security Centre Horn-of-Africa (MSCHOA). The common law of England and Wales , of Northern Ireland law , and of US law , contrast to

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4746-724: The International Maritime Organization (IMO). In 1948 an international conference in Geneva adopted a convention formally establishing IMO (the original name was the Inter-Governmental Maritime Consultative Organization, or IMCO, but the name was changed in 1982 to IMO with UN Convention on the Law of the Sea). The IMO Convention entered into force in 1958 and the new Organization met for the first time

4859-533: The Interregnum and Commonwealth three acts of the Rump Parliament in 1650 and 1651 are notable in the historical development of England's commercial and colonial programs. These include the first Commission of Trade to be established by an Act of Parliament on 1 August 1650. The instructions to the named commissioners, headed by Henry Vane the Younger , included consideration of both domestic and foreign trade,

4972-525: The Maritime Labour Convention ). The doctrine of maintenance and cure is rooted in Article VI of the Rolls of Oléron promulgated in about 1160 A.D. The obligation to "cure" requires a shipowner to provide medical care free of charge to a seaman injured in the service of the ship, until the seaman has reached "maximum medical cure". The concept of "maximum medical cure" is more extensive than

5085-534: The Mines Eight Hours Bill , which legally prohibited miners from working more than an eight-hour day . Sydney Buxton served as president between 1910 and 1914. His main role was passage of numerous specific trade and commerce laws. From 1973, international trade policy of the United Kingdom was a competence of the European Economic Community , and later of the European Union . The board

5198-612: The Parliament of Canada by virtue of s. 91(10) of the Constitution Act, 1867 . Canada has adopted an expansive definition of its maritime law, which goes beyond traditional admiralty law. The original English admiralty jurisdiction was called "wet", as it concerned itself with things done at sea, including collisions, salvage and the work of mariners, and contracts and torts performed at sea. Canadian law has added "dry" jurisdiction to this field, which includes such matters as: This list

5311-403: The Royal Courts of Justice , but in the Rolls Building ). English Admiralty courts were a prominent feature in the prelude to the American Revolution . For example, the phrase in the Declaration of Independence "For depriving us in many cases, of the benefits of Trial by Jury" refers to the practice of the UK Parliament giving the Admiralty Courts jurisdiction to enforce the Stamp Act 1765 in

5424-407: The Secretary of State for War and the Colonies was established. Between 1768 and 1782 while with the Secretary of State for the Colonies , whose secretaryship was held jointly with the presidency of the Board of Trade, the latter position remained largely vacant; this led to a diminished status of the board and it became an adjunct to the new department and ministry concerns. Following the loss of

5537-461: The St. Johns River , and the CSS Virginia in Chesapeake Bay ), and sunken merchant ships (the SS Central America off Cape Hatteras ) – have all been the subject of treasure salvage awards. Due to refinements in side-scanning sonars, many ships which were previously missing are now being located and treasure salvage is now a less risky endeavor than it was in the past, although it is still highly speculative and expensive. In maritime law, it

5650-403: The Union Jack ) should be flown as a jack by Royal Navy ships only when moored or at anchor. If flown while underway, the ship must be dressed for a special occasion or celebration with masthead ensigns, otherwise it signals that the monarch or an Admiral of the Fleet is on board. The Union Flag may also signal that a court martial is in progress. The use of the Union Flag as an ensign on

5763-413: The United States Constitution grants original jurisdiction to U.S. federal courts over admiralty and maritime matters; however, that jurisdiction is not exclusive, and most maritime cases can be heard in either state or federal courts under the "saving to suitors" clause. There are five types of cases which can only be brought in federal court: The common element of those cases are that they require

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5876-570: The continental law (civil law) that prevails in Scottish law and in continental Europe , which trace back to Roman law . Although the English Admiralty court was a development of continental civil law, the Admiralty Court of England and Wales was a common law court, albeit somewhat distanced from the mainstream King's Bench . Most of the common law countries (including Pakistan , Singapore , India , and many other Commonwealth of Nations countries) follow English statute and case law. India still follows many Victorian-era British statutes such as

5989-420: The flag of New Zealand are defaced blue ensigns. Several yacht clubs are also entitled to fly blue ensigns defaced by their club badge. The Red Ensign (red field with the Union Flag in the canton) defaced by a badge is flown by Trinity House and various organisations and yacht clubs. Merchant ships and private vessels registered in British territories and dependencies, and in several Commonwealth realms, fly

6102-475: The fly with the department badge, and colonial governments use blue ensigns defaced with the colonial badge. Other defaced ensigns were used by vessels of the Port of London Authority, Mersey Docks and Harbour Board , the Humber Conservancy , Custom House , the Board of Trade , Lloyd's of London , the Post Office , submarine cable laying ships, and other departments including War Office Ordnance . The flag of Australia and those of its states as well as

6215-406: The 1920 Jones Act grants a jury trial to seamen suing their employers. Maritime law is governed by a uniform three-year statute of limitations for personal injury and wrongful death cases. Cargo cases must be brought within two years (extended from the one-year allowance under the Hague-Visby Rules ), pursuant to the adoption of the Rotterdam Rules . Most major cruise ship passenger tickets have

6328-422: The 1954 case of Adler v Dickson (The Himalaya) [1954] allowed a shipping line to escape liability when a bosun's negligence resulted in a passenger being injured. Since then, the Unfair Contract Terms Act 1977 has made it unlawful to exclude liability for death or personal injury caused by one's negligence. (Since then, however, the so-called " Himalaya clause " has become a useful way for a contractor to pass on

6441-425: The American colonies. The Stamp Act was unpopular in America, so a colonial jury would be unlikely to convict any colonist of its violation. The Admiralty Court, which has never had trial by jury, was thus given jurisdiction so a colonist charged with breaching the Stamp Act could be more easily convicted by the Crown. Admiralty law gradually became part of United States law through admiralty cases arising after

6554-493: The Board of Trade was transferred to the Secretary of State for International Trade . The board was reconstituted in October 2017. In 1622, at the end of the Dutch Twelve Years' Truce , King James I directed the Privy Council of England to establish a temporary committee to investigate the causes of various economic and supply problems, the decline in trade and consequent financial difficulties; detailed instructions and questions were given, with answers to be given "as fast as

6667-421: The England and Wales High Court is the Senior Courts Act 1981 , ss. 20–24, 37. The provisions in those sections are, in turn, based on the International Arrest Convention 1952. Other countries which do not follow the English statute and case laws, such as Panama , also have established well-known maritime courts which decide international cases on a regular basis. Admiralty courts assume jurisdiction by virtue of

6780-407: The High Court. However, when the PDA was abolished and replaced by a new Family Division, admiralty jurisdiction passed to a so-called Admiralty Court which was effectively the King's Bench sitting to hear nautical cases. The Senior Courts Act 1981 then clarified the admiralty jurisdiction of the Queen's Bench, so England and Wales once again has a distinct Admiralty Court (albeit no longer based in

6893-585: The Law of the Sea (UNCLOS) defined a treaty regarding protection of the marine environment and various maritime boundaries . Restrictions on international fishing such as International Convention for the Regulation of Whaling also form part of the body of conventions in international waters. Other commercial conventions include the "International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships", Brussels , 10 October 1957. and International Convention for Safe Containers . Once adopted, most international conventions are enforced by

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7006-403: The Liberal Party slowly fell away. According to Martin Roberts, Lloyd George headed a department of 750 experts that was responsible for supervising British industry, commerce and transportation. Using their pool of expertise, he initiated a series of reforms that were quickly endorsed by the Liberal Parliament. One of the first actions was the Census of Production Act 1906 , which generated

7119-442: The Red Ensign defaced by the badge of their territory. The Red Ensign undefaced is for the use of all other British merchant navy ships and private craft. The Red Ensign is the correct flag to be worn as courtesy flag by foreign private vessels in United Kingdom waters. Merchant vessels from British overseas territories and Crown dependencies are entitled to red ensigns defaced with the badge of their territory. The flag of

7232-434: The Royal Navy in 1864, use of the White Ensign (a red St George's Cross on a white field with the Union Flag in the canton ) has been restricted to ships, boats, submarines and on-shore establishments of the Royal Navy . The Royal Yacht Squadron also fly the white ensign by special dispensation. The Blue Ensign (dark blue field with the Union Flag in the canton) undefaced is worn by masters of vessels in possession of

7345-431: The Sea Cadet Corps is a blue ensign defaced by the SCC badge. Under the terms of a Memorandum of Understanding with the Ministry of Defence , officers of the Sea Cadet Corps hold their ranks as (SCC) RNR on a 'nominal honorific' basis, and are included on the Navy List as a courtesy (though they are not commissioned, but 'appointed' within the Corps). British government departments use a variety of blue ensigns defaced in

7458-435: The UK and its empire . During the second half of the 19th century it also dealt with legislation for patents, designs and trademarks, company regulation, labour and factories, merchant shipping, agriculture, transport, power etc. Colonial matters passed to the Colonial Office and other functions were devolved to newly created departments, a process that continued for much of the 20th century. The original commission comprised

7571-400: The United Kingdom at Wikimedia Commons Maritime law Admiralty law may be distinguished from the law of the sea , which is a body of public international law dealing with navigational rights, mineral rights , jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and

7684-400: The United States also follows this pattern; early flags of the American Revolution were modified Red Ensigns. The Grand Union Flag added six white stripes to the Red Ensign; this flag was used during the fight for independence until the Union Flag in the canton was replaced by the stars in 1777. Reference was sometimes made to "the yellow squadron". This squadron did not actually exist but

7797-448: The adoption of the U.S. Constitution in 1789. Many American lawyers who were prominent in the American Revolution were admiralty and maritime lawyers. Those included are Alexander Hamilton in New York and John Adams in Massachusetts . In 1787, Thomas Jefferson wrote to James Madison proposing that the U.S. Constitution, then under consideration by the States, be amended to include "trial by jury in all matters of fact triable by

7910-561: The bench. Matters dealt by admiralty law include marine commerce, marine navigation , salvage , maritime pollution , seafarers' rights , and the carriage by sea of both passengers and goods . Admiralty law also covers land-based commercial activities that are maritime in character, such as marine insurance. Some lawyers prefer to reserve the term "admiralty law" for "wet law" (e.g. salvage, collisions, ship arrest, towage, liens and limitation), and use "maritime law" only for "dry law" (e.g. carriage of goods and people, marine insurance , and

8023-434: The colours are completely congruent. This is due to different specifications for different types of media (for example, screen and print). The Royal Hospital School is the only independent school in the United Kingdom to have been continuously awarded the "Queens Banner" and its own distinctive school ensign. Prior to 1864, red, white, and blue were the colours of the three squadrons of the Royal Navy, which were created as

8136-441: The concept "maximum medical improvement". The obligation to "cure" a seaman includes the obligation to provide him with medications and medical devices which improve his ability to function, even if they do not "improve" his actual condition. They may include long-term treatments that permit him to continue to function well. Common examples include prostheses, wheelchairs, and pain medications. The obligation of "maintenance" requires

8249-507: The court to exercise jurisdiction over maritime property. For example, in a petitory and possession action, a vessel whose title is in dispute, usually between co-owners, will be put in the possession of the court until the title dispute can be resolved. In a limitation action, the shipowner will post a bond reflecting the value of the vessel and her pending freight. A sixth category, that of prize , relating to claims over vessels captured during wartime, has been rendered obsolete due to changes in

8362-507: The enemy of all mankind. While the flag state normally has jurisdiction over a ship on the high seas, there is universal jurisdiction in the case of piracy, which means that any nation may pursue pirates on the high seas, including pursuing them into a country's territorial waters. Most nations have signed onto the 1982 United Nations Convention on the Law of the Sea which dictates the legal requirements for pursuing pirates. Merchant vessels transiting areas of increased pirate activity (i.e.

8475-480: The first definitive expression of England's commercial policy. They represent the first attempt to establish a legitimate control of commercial and colonial affairs, and the instructions indicate the beginnings of a policy which had the prosperity and wealth of England exclusively at heart. It was the Lords of Trade who, in 1675, originated the idea of transforming all of the colonies in America into Royal Colonies for

8588-818: The following year ( https://www.imo.org/en/About/HistoryOfIMO/Pages/Default.aspx ). The IMO has prepared numerous international conventions concerning maritime safety, including the International Convention for the Safety of Life at Sea (SOLAS), the Standards for Training, Certification, and Watchkeeping ( STCW ), the International Regulations for Preventing Collisions at Sea (Collision Regulations or COLREGS), Maritime Pollution Regulations ( MARPOL ), International Convention on Maritime Search and Rescue (SAR Convention) and others. The United Nations Convention on

8701-458: The idea of an unemployment insurance scheme, which would be part-funded by the state. Secondly he introduced the Trade Boards Bill , creating trade boards which investigated the sweated trades and enabled the prosecution of exploitative employers. Passing with a large majority, it established the principle of a minimum wage and the right of workers to have meal breaks. Churchill introduced

8814-583: The individual signatory nations, either through their Port State Control , or through their national courts. Cases within the ambit of the European Union 's EMSA may be heard by the CJEU in Luxembourg . By contrast, disputes involving the Law of the Sea may be resolved at ITLOS in Hamburg , provided that the parties are signatories to UNCLOS . Throughout history, piracy has been defined as hostis humani generis , or

8927-453: The law of international commerce , substituted for the original, legitimate " common law " system as part of a broader conspiracy which secretly replaced governments with corporations . The judiciary hence became admiralty courts with no actual jurisdiction over people. Sovereign citizens notably claim that the presence of gold fringes on the American flags displayed in courtrooms

9040-509: The laws and practices of warfare. Aside from those five types of cases, all other maritime cases, such as claims for personal injuries, cargo damage, collisions, maritime products liability, and recreational boating accidents may be brought in either federal or state court. From a tactical standpoint it is important to consider that in federal courts in the United States, there is generally no right to trial by jury in admiralty cases, although

9153-501: The laws of the land and not by the laws of Nations". The result was the United States Bill of Rights . Alexander Hamilton and John Adams were both admiralty lawyers and Adams represented John Hancock in an admiralty case in colonial Boston involving seizure of one of Hancock's ships for violations of customs regulations. In the more modern era, Supreme Court Justice Oliver Wendell Holmes was an admiralty lawyer before ascending to

9266-471: The long term, his most important innovation was creating the Port of London Authority in 1908. It merged numerous inefficient and overlapping private companies and gave unified supervision to Britain's most important port. That enabled London to compete more effectively with Hamburg and Rotterdam. Lloyd George also turned his attention to strikes and industrial disputes in shipyards. He was instrumental in settling

9379-475: The maritime law conspiracy theory is unknown, though it may stem from a misunderstanding of some nautical-sounding words in common usage in the English-language judiciary such as ownership , citizenship , dock or birth (berth) certificate . This theory is entirely devoid of merit: when invoked by litigants, it has been consistently dismissed as frivolous . Board of Trade The Board of Trade

9492-493: The nautical sphere, ensigns are used to designate many other military units, government departments and administrative divisions. These flags are modelled on the red, white, and blue naval ensigns, but may use different colours for the field, and be defaced by the addition of a badge or symbol, for example the sky blue with concentric red, white and blue circles of the Royal Air Force ensign. The Union Flag (also known as

9605-401: The new Liberal Cabinet of Sir Henry Campbell-Bannerman as President of the Board of Trade . The first priority on taking office was the repeal of the 1902 Education Act. Lloyd George took the lead along with Augustine Birrell , President of the Board of Education. Lloyd George was the dominant figure on the committee drawing up the bill in its later stages and insisted that the bill create

9718-673: The original owner (or insurer, if the vessel was insured) continues to have an interest in it, the salvor or finder will generally get the majority of the value of the property. While sunken ships from the Spanish Main (such as Nuestra Señora de Atocha in the Florida Keys ) are the most commonly thought of type of treasure salvage, other types of ships – including German submarines from World War II which can hold valuable historical artifacts, American Civil War ships (the USS Maple Leaf in

9831-400: The presence of the vessel in its territorial jurisdiction irrespective of whether the vessel is national or not and whether registered or not, and wherever the residence or domicile or their owners may be. A vessel is usually arrested by the court to retain jurisdiction. State-owned vessels are usually immune from arrest. Canadian jurisdiction in the area of navigation and shipping is vested in

9944-464: The president, vice president and board members. By 1793, the board still remained in its old structure, with 20 members including the Archbishop of Canterbury . After 1820 the board ceased to meet regularly and the business was carried out entirely by the secretariat. The short name of "Board of Trade" was formalised in 1861. In the 19th century the board had an advisory function on economic activity in

10057-411: The protection of a limitation clause to his employees, agents and third-party contractors.) Banks which loan money to purchase ships, vendors who supply ships with necessaries like fuel and stores, seamen who are due wages, and many others have a lien against the ship to guarantee payment. To enforce the lien, the ship must be arrested or seized. In the United States, an action to enforce a lien against

10170-791: The purpose of securing English trade against the French. They brought New Hampshire under the Crown, modified Penn's charter, refused a charter to the Plymouth colony, and taking advantage of the concessions of the charters of Massachusetts and New York, created the Dominion of New England in 1685, thereby transforming all the territory from the Kennebec to the Delaware into a single crown colony. In 1696, King William III appointed eight paid commissioners to promote trade in

10283-468: The risk of injury and loss or damage to his equipment to salvage the damaged ship. Examples of high-order salvage are boarding a sinking ship in heavy weather, boarding a ship which is on fire, raising a ship or boat which has already sunk, or towing a ship which is in the surf away from the shore. Low-order salvage occurs where the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing another vessel in calm seas, supplying

10396-482: The saint. This flag is widely used among Devonian mariners. Often flown by leisure craft. The colours used in most British ensigns are the colours of the Union Flag; Union Jack (royal) blue, Union Flag red and white: All HEX , CMYK and RGB specifications for the Pantone colours are taken from the official Pantone website on the webpages of the corresponding colours. Although the colour schemes are official, not all of

10509-458: The saving of property. There are two types of salvage: contract salvage and pure salvage, which is sometimes referred to as "merit salvage". In contract salvage the owner of the property and salvor enter into a salvage contract prior to the commencement of salvage operations and the amount that the salvor is paid is determined by the contract. The most common salvage contract is called a " Lloyd's Open Form Salvage Contract ". In pure salvage, there

10622-476: The serious threat of a national railway strike in 1907. While almost all the rail companies refused to recognise the unions, he persuaded them to recognise elected representatives of the workers who sat with the company representatives on conciliation boards—one for each company. If those boards failed to agree then an arbitrator would be called upon. H. H. Asquith succeeded the terminally ill prime minister on 8 April 1908 and, four days later, Winston Churchill

10735-442: The seven (later eight) Great Officers of State , who were not required to attend meetings, and the eight paid members, who were required to attend. The board, so constituted, had little real power, and matters related to trade and the colonies were usually within the jurisdiction of the secretaries of state and the Privy Council, with the board confining itself mainly to colonial administration. In 1905, David Lloyd George entered

10848-426: The several points shall be duly considered by you." This would be followed by a number of temporary committees and councils to regulate the colonies and their commerce. The board's formal title remains "The Lords of the Committee of the Privy Council appointed for the consideration of all matters relating to Trade and Foreign Plantations". In 1634, Charles I appointed a new commission for regulating plantations. It

10961-469: The shipowner is a bailment and if the carrier is to be liable as a common carrier , it must be established that the goods were placed in the carrier's possession and control for immediate carriage. Seamen injured aboard ship have three possible sources of compensation: the principle of maintenance and cure, the doctrine of unseaworthiness, and the Jones Act . The principle of maintenance and cure requires

11074-431: The shipowner to provide a seaman with his basic living expenses while he is convalescing. Once a seaman is able to work, he is expected to maintain himself. Consequently, a seaman can lose his right to maintenance, while the obligation to provide cure is ongoing. A seaman who is required to sue a shipowner to recover maintenance and cure may also recover his attorneys fees. Vaughan v. Atkinson , 369 U.S. 527 (1962). If

11187-456: The skills of the salvor, the peril to which the salvaged property was exposed, the value of the property which was risked in effecting the salvage, the amount of time and money expended in the salvage operation, etc. A pure or merit salvage award will seldom exceed 50 percent of the value of the property salved. The exception to that rule is in the case of treasure salvage. Because sunken treasure has generally been lost for hundreds of years, while

11300-630: The territory's badge, while the British Indian Ocean Territory flag has a white and blue wavy-striped field, also defaced. Finally, there is one "orange" ensign, used by the Orange Order in Canada . This flag is an orange ensign defaced with a white shield, and a red maple leaf within it. The Cornish Ensign or St Piran's Ensign, is a Cornish flag with the Union flag in the canton. This flag

11413-422: The title of President of the Board of Trade , and who at present is the only privy counsellor of the board, the other members of the present board filling roles as advisors. The board was first established as a temporary committee of England's Privy Council to advise on colonial ( plantation ) questions in the early 17th century, when these settlements were initially forming. The board would evolve gradually into

11526-458: The trading companies, manufactures, free ports, customs, excise, statistics, coinage and exchange, and fisheries, as well as the plantations and the best means of promoting their welfare and rendering them useful to England. The act's statesmanlike and comprehensive instructions, along with an October act prohibiting trade with pro-royalist colonies and the Navigation Act of October 1651, formed

11639-493: The white the coasts of Britain, France and the Mediterranean, while the blue patrolled the south Atlantic, Pacific and Indian oceans. The flags of the various former British colonies often have grounds of the same colour as their protective squadron. Hence Bermuda has a red ground and Australia and New Zealand blue. Canada's flag was a red ensign from founding until the adoption of the maple leaf flag in 1965. The flag of

11752-643: Was a term used unofficially to describe those naval personnel who worked ashore or did not have a ship. Therefore, there was no 'Yellow ensign'. In 1868, the British Admiralty made the Canadian Blue Ensign the proper flag for ships of the Canadian government, and in 1892, the Admiralty approved the use of the Canadian Red Ensign by Canadian merchant ships. From about 1870, Canada unofficially used

11865-516: Was appointed President of the Board of Trade, succeeding Lloyd George who became Chancellor of the Exchequer . He continued the reform impulse Lloyd George had launched. One of Churchill's first tasks was to arbitrate in an industrial dispute among ship-workers and employers on the River Tyne . He afterwards established a Standing Court of Arbitration to deal with future industrial disputes, establishing

11978-491: Was done in 2001 to handle the constantly upgrading modern shipping industry. The purpose of the Pakistan Merchant Shipping Ordinance 2001 is to provide a strategy and rules under which the government authorities will function in dealing with stuff related to the shipping industry. This law also handles duties internationally required under the ILO ( International Labour Organization ) conventions as Pakistan

12091-696: Was headed by the Archbishop of Canterbury with its primary goals to increase royal authority and the influence of the Church of England in the colonies, particularly with the great influx of Puritans to the New World. Soon after, the English Civil Wars erupted and initiated a long period of political instability in England and the resultant loss of productivity for these committees. The war would spread to varying degrees to

12204-577: Was in London acting as regent for her son, King Richard I of England , Eleanor instituted admiralty law into England as well. In England and Wales , a special Admiralty Court handles all admiralty cases. Despite early reliance upon civil law concepts derived from the Corpus Juris Civilis of Justinian , the English Admiralty Court is a common law , albeit sui generis court that

12317-547: Was initially somewhat distanced from other English courts. After around 1750, as the Industrial Revolution took hold and English maritime commerce burgeoned, the Admiralty Court became a proactive source of innovative legal ideas and provisions to meet the new situation. The Judicature Acts of 1873–1875 abolished the Admiralty Court as such, and it became conflated in the new Probate, Divorce and Admiralty division of

12430-466: Was merged with the Ministry of Technology in 1970, to form the Department of Trade and Industry . The Secretary of State for Trade and Industry (from 2009 Secretary of State for Business, Innovation and Skills ) was also President of the Board of Trade. The full board has met only once since the mid-20th century, during commemorations of the bicentenary of the board in 1986. In 2016, the role of President of

12543-510: Was only officially adopted by an act of 1861. The new board's first functions were consultative like earlier iterations, and its concern with plantations, in matters such as the approval of colonial laws, more successfully accomplished. As the Industrial Revolution expanded, the board's work became increasingly executive and domestic. From the 1840s, a succession of acts of parliament gave it regulatory duties, notably concerning railways, merchant shipping and joint-stock companies. This department

12656-646: Was reconstituted in October 2017, after the UK had voted to leave the European Union in June 2016. In its most recent iteration in 2017, only privy counsellors can be actual members of the board, while others are appointed as advisers. There is only one standing member in the Board, who is its President. The Board is held accountable to Parliament through ministers attached to the Board, who are not necessarily members. Advisers to

12769-512: Was red, white and blue, with the red as the senior ensign. Today's white ensign , as used by Royal Navy ships, incorporates the St George's Cross (St George's Ensign). British yachts owned by members of the Royal Yacht Squadron are authorised to apply for a permit to wear this ensign. Defaced white ensigns include that of the British Antarctic Territory . Since the reorganisation of

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