958
Regulations
as to
procedure, fees, etc. Schedule. Table G.
Opportunity for defence.
Constitution,
procedure of Court of
No. 10 of 1899.
MERCHANT SHIPPING.
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 which it was heard in the first instance, or by a Marine Court to be appointed under this section, or by judge sitting in Admiralty Jurisdiction, and the case shall be so re-heard accordingly.
(18) It shall be lawful for the Governor in Council to make regulations for carrying into effect the enactments relating to formal investigations into casualties and into charges of incompetency or misconduct, 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.
(19) Every formal investigation shall be conducted in such a manner that, if a charge is made against any person, he shall have an opportunity of making a defence.
Courts of Survey.
20.--(1) It shall be lawful for the Governor, whenever powers, and occasion may arise, to appoint a Court of Survey in the same manner and composed of the same persons as in the case of a Marine Court, and in such case the following provisions shall have effect:
Survey.
(a) the case shall be heard in open court;
(b) each member of the court may survey the ship, and shall have for such purpose all the powers of an inspector appointed by the Board of Trade under the Merchant Shipping Acts;
(c) the court may order the ship to be surveyed, and may appoint any competent person to survey the ship and report thereon to the court, and such person may, in case of disagreement, 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 concur in an order for the detention of the ship, the ship shall be released; and
* As amended by Law Rev. Ordd., 1924.