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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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