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44
No. 10 of 1899.
[1. 19 could.]
Decision of Court.
M. 8. Act,
MERCHANT SHIPPING.
or give such information as is required by the Merchant Shipping Acts.
(9) Where any case before any such Court as aforesaid involves a question as to the cancelling or suspending of a certificate, the 1894, s. 470. Court shall, at the conclusion of the case or as soon afterwards as possible, state in open Court the decision to which it has come with respect to the cancelling or suspending thereof.
Report to Board of Trade.
Copy of report to be furnished.
Board of Trade may order re-
hearing.
Person who
applies for
Courb bo Awist it.
powers of
Court.
(10) The Court shall in all cases send a full report on the case, with the evidence, to the Board of Trade, and shall also, if it de- termines to cancel or suspend any certificate, send the certificate cancelled or suspended to the Board of Trade or other authority by whom the certificate was granted.
(11) A certificate shall not be cancelled or suspended by a Court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished, before the commencement of the investigation or inquiry, to the holder of the certificate.
(12) The Board of Trade may order the re-hearing of any inquiry under this section in like manner as they may order the re-hearing of a similar investigation or inquiry in the United Kingdom, but if an application for re-hearing either is not made or is refused, an appeal shall lie from any order or finding of the Court or tribunal holding the inquiry to the High Court in England: Provided that an appeal shall not lie,—
(a) from any order or finding on an inquiry into a casualty affect ing a slip registered in a British possession; or
(b) from a decision affecting the certificate of a master, mate, or engineer, if that certificate has not been granted, either in the United Kingdom or in a British possession, under the authority of the Merchant Shipping Acts.
(13) It shall be the duty of the person who has applied for a Marine Court to superintend the management of the case and to render such assistance to the Court as is in his power.
(14) The Court may also exercise the following further powers — (a) it may, if unanimous that the safety of the ship or crew, or the interest of the owner, absolutely requires it, supersede the master of any British or colonial ship then being within the waters
MERCHANT SHIPPING.
544
No. 10 of 1899.
45
of the Colony, and may appoint another person to act in his stead; (s. 19
but no such appointment shall be made without the consent of the cold.] consignee of the ship, if within the Colony;
(b) it may discharge any mate, engineer, or seaman from his
ship;
(c) it may order the wages of any mate, engineer, or seaman so discharged, or any part of such wages, to be forfeited, and may direct the same to be retained by way of compensation to the owner or to be paid into the Treasury; and
(d) it may make such order as it thinks fit respecting the costs of the investigation or any part thereof, and such order shall be enforced by the Court in the same way as an order for costs under the Magistrates Ordinance, 1890.
No. 8 of 1990.
(15) Each member of the Court shall either sign the report made Members to on any investigation under this section or report to the Governor sign report. his reasons for dissent therefrom.
(16) Every master, mate, or engineer whose certificate is sUE- Delivery up peaded or cancelled in pursuance of this Ordinance shall, on the of certificate. demand of the Court, deliver his certificate to the Court, or, if it
is not demanded by the Court, deliver it to the Governor or as he directs, and in default he shall for each offence be liable to a fine not exceeding 250 dollars.
(17) Where an investigation into the conduct of a master, mate, Re-hearing. or engineer, or into a shipping casualty, has been held under this Ordinance the Governor may, in any case, and shail, if new and im- portant 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 which it was heard in the first instance, or by a Marine Court to be appointed under this section, or by a Judge sitting in Admiralty Jurisdiction, and the case shall be so re-heard accordingly.
fees, eta,
(18) The Governor-in-Council may make general rules for carry- Rules ns to ing into effect the enactments relating to formal investigations into procedure, shipping casualties and into charges of incompetency or misconduct, Table G. and in particular with respect to the procedure, the parties, the persons allowed to appear, the notice to such parties and persong or to persons affected, and the amount and application of fees.
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ib. c. 460.
Further