1500 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
CHAPTER III .
MARINE COURTS AND COURTS OF SURVEY.
Constitution 13. It shall be lawful for the Governor, from time to time and
of Marine
Court. whensoever occasion shall arise or require, by warrant under his hand
.
[ See Ordi
nance 11 of and seal of the Colony, to form a Court, which shall be called “ The
1860, sec. 1. ]
Marine Court ;" and such Court shall consist of not more than five or
less than three members, of whom one shall be a Stipendiary Magistrate,
and one ( or more if possible ) , a Commissioned Officer in the Royal Navy,
and the remainder masters of the mercantile marine, or such persons of
nautical, engineering or other special skill or knowledge as the Governor
[42 and 43
Vic., c. 72, sec. may think fit to appoint : Provided always that where any such investiga
3. sub-sec. 3.]
tion involves or appears likely to involve any question as to the cancelling
or suspension of the certificate of a master, mate, or engineer, the Court
shall include not less than two members having experience in the merchant
service .
Unofficial
members of 2. Each of the unofficial members of such Court shall be paid, out
Court to be
remunerated. of the Colonial Treasury, the sum of $5 a day, during each day that the
Court shall hold its sitting.
Cases where
inquiries are 3. In any of the following cases, that is to say:
to be institu
ted .
(a . ) Whensoever any charge of incompetency or misconduct
shall be brought by any person against any master, mate ,
or engineer of a British ship ;
(b. ) Whenever any ship is lost , abandoned , stranded , or [ mate
rially: repealed by Ordinance No. 3 of 1880] damaged
on or near the coasts of the Colony ;
(c. ) Whenever any ship causes loss or [ material : repealed by
Ordinance No. 3 of 1880 ] damage to any other ship , on
or near such coasts ;
(d. ) Whenever by reason of any casualty happening to, or on
board of any ship , on or near such coasts , loss of life
ensues ;
(e. ) Whenever any such loss , abandonment, stranding , damage ,
or casualty happens elsewhere, and any competent
witness thereof, arrive at, or be found at , any place in
the said Colony ;