MERCHANT SHIPPING.
No. 10 of 1899.
1037
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2. Immediately on the filing of the notice of appeal, the Harbour Master shall inform the Governor, and, if the ship is a foreign ship, the Harbour Master shall give notice to the consular officer for the State to which the ship belongs, and such consular officer may nominate one person to act as a member of the Court of Survey, whose name shall be submitted to the Governor at the same time.
Proceedings for constituting Court.
3. When the Governor has issued his warrant constituting the Court, the person appointed to be the president of the Court, hereinafter referred to as the president, shall summon the Court in form 2 in the appendix to these rules.
Summoning of Court.
4. If the survey has been made on the complaint of any person hereinafter called the complainant, the president shall send to him notice of the time and place appointed for the hearing.
Notice to complainant of hearing.
5. Previous to the hearing, the Governor shall forward to the president, to be produced as evidence at the hearing, an official copy of the report of the Surveyor.
Forwarding copy of report.
6. The Court shall, if practicable, be summoned to hear the appeal on a day not later than 14 days from the filing of the notice of appeal.
Time for hearing.
7. The Governor and the appellant shall be parties to the proceedings.
Parties to proceedings.
8. Any other person may, by permission of the president of the Court, be made a party to the proceedings.
Parties by permission.
9. At the hearing, the person representing the Governor shall first call his witnesses, and, having done so, shall state in writing what order he requires the Court to make.
Proceedings on behalf of Governor;
10. The complainant, if he has appeared, shall then call his witnesses and, having done so, shall state in writing what order he requires the Court to make.
by complainant;
11. The appellant shall then call his witnesses, and, having done so, shall state in writing what order he requires the Court to make.
by appellant.
12. After the appellant has examined all his witnesses, the person representing the Governor and the complainant may, on cause shown to the satisfaction of the Court, call further witnesses in reply.
Witnesses in reply.
13. After all the witnesses have been examined, the Court shall first hear the appellant, then the complainant (if any), and afterwards the person representing the Governor.
Addresses of parties.
14. The president may adjourn the Court from time to time and from place to place, as may be most convenient.
Adjournment.
15. The president shall deliver the decision of the Court in writing; and the same may be sent or delivered to the respective parties, and it shall not be necessary to hold a Court merely for the purpose of giving the decision.
Delivery of decision.
16. As soon as possible after the Court has come to its decision, the Court shall issue an order for the release or detention (either finally or on condition) of the vessel in form 3 in the appendix to these rules.
Release or detention of vessel.