1034
No. 10 of 1899.
Deductions from number MERCHANT SHIPPING.
6. On the lower deck, one passenger to be deducted for each 6 square feet occupied by cattle or cargo, and on the upper deck, one passenger to be deducted for each 9 square feet occupied by cattle or cargo.
Service of preliminary notice of Marine Court.
Service of notice of holding of Court.
Adjudication in absence of person served.
Service of notice on certificated officers; and on other persons, etc.
Proceedings at investigation into shipping casualty.
Table G.
[s. 19 (18).]
GENERAL RULES FOR FORMAL INVESTIGATIONS INTO SHIPPING CASUALTIES OR INQUIRIES INTO MISCONDUCT OR INCOMPETENCY ON THE PART OF OFFICERS.
1. Whenever it is intended to appoint a Marine Court under section 19 to make an investigation respecting any shipping casualty or to inquire into any charge of misconduct or incompetency on the part of any master, mate or engineer, the Marine Magistrate shall cause a preliminary notice in form 1 in the appendix to these rules to be served on the master of the ship or on the person whose conduct or competency is in question.
2. When the Governor has issued a warrant to form a Marine Court to investigate into a shipping casualty or to inquire into any charge of incompetency or misconduct, the Stipendiary Magistrate, appointed as the presiding member of the Court, shall, in the case of a shipping casualty, cause a notice to be served on the master, and on the certificated officers of the ship who were on board at the time of the happening of the casualty, in form 2 in the appendix to these rules; and in the case of a charge of misconduct or incompetency on the person whose conduct or competency is in question, in form 3 in the said appendix; and in either case, in form 4 in the said appendix, on such witnesses as it is considered necessary to call to elucidate the facts of the case.
3. If the master or other person, on whom a preliminary notice has been served, fails to attend before the Marine Court, the Court, in addition to any other power, may proceed to hear and adjudicate upon the case in his absence.
4. When the master himself applies for an investigation into a casualty, and the Governor has issued a warrant thereon, the Stipendiary Magistrate shall cause a notice to be served on the certificated officers who were on board at the time of the casualty.
5. The Stipendiary Magistrate may cause a notice to be served on any other person who appears to have been in any way responsible for the casualty; and any person having any interest in the investigation shall, on showing the nature of his interest, have a right to appear.
6. The proceedings at the investigation into a shipping casualty shall commence with the examination of the master, officers, and any other person whether on board the ship or not at the happening of the casualty, who can give material evidence in regard thereto.
As amended by G. N. 169 of 1908.