1502
[42 and 43 Vic., c. 72, sec. 2, sub-sec. 1.]
Rules
as to procedure,
fees, &c.
ORDINANCE No. 8 OF 1879.
Merchant Shipping.
7. Where an investigation into the conduct of a master, mate, engineer, or into a shipping casualty, has been held under this Ordinance, or any Ordinance amending the same, the Governor may, in any case, and shall, if new and important evidence which could not be produced at the investigation has been discovered, or if for any other reason there has in his opinion been ground for suspecting a miscarriage of justice, order that the case be re-heard, either generally or as to any part thereof, and either by the Court by whom it was heard in the first instance, or by the Judge of the Vice-Admiralty Court of this Colony, and the case shall be so re-heard accordingly.
8. The Governor in Council may, from time to time, make and when made revoke, alter and add to general rules for carrying into effect [M. S. A. 1876, sec. 30.] the enactments relating to formal investigation into shipping casualties
M. S. A.
Constitution, power and
procedure of Court of
survey. [M.S.A.1876, secs. 7 & 8.]
and in particular with respect to the procedure, the parties, the persons allowed to appear, the notice to such parties and persons, or to persons affected, and the amount and application of fees: And all such rules while in force shall have effect as if enacted by this Ordinance.
9. Every formal investigation in a shipping casualty shall be conducted in such a manner that if a charge is made against any person that person shall have an opportunity of making a defence.
10. The Court shall also be a Court of survey, and when sitting as a Court of survey the following provisions shall have effect :-
(a.) The case shall be heard in open Court.
(b.) Each member of the Court may survey the ship and shall have for the purposes of this section all the powers of an inspector appointed by the Board of Trade under the "Merchant Shipping Act, 1854."
(c.) The Court may appoint any competent person or persons to survey the ship and report thereon to the Court, and such person or persons in case of disagreement may be appointed by a majority of the members.
(d.) The Court shall have the same power as the Governor has to order the ship to be released or finally detained, but unless a majority of the members of the Court concur in an order for the detention of the ship, the ship shall be released.
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