ORDINANCE No. 8 OF 1879 . 1501
Merchant Shipping.
.) Whenever a British ship has been lost, or is supposed to
(f
be lost, and any evidence can be obtained in the Colony
as to the circumstances under which she proceeded to
sea or was last heard of ;
It shall be lawful for the Court to hear and inquire into any such charge Powers of
Court.
of incompetency or misconduct, and to make inquiry respecting such
loss, abandonment, stranding, damage, or casualty , and for such purposes ,
it shall have the powers given by the first part of " The Merchant Ship
ping Act, 1854 ," to inspectors appointed by the Board of Trade, and the
powers given by section 23 of " The Merchant Shipping Act Amend
ment Act, 1862 , " and the Court shall be governed by the rules of the
said last mentioned section , subject to the further requirements of this
Ordinance, or of any Imperial Act or local Ordinance which may be
from time to time, enacted.
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4. The Court may also exercise the following further powers : Further
powers of
(a. ) It may, if unanimous that the safety of the ship or crew, Court .
[ See M. S. A.,
or the interest of the owner, absolutely requires it, super 1854, sec.
263.1
sede the master of any British ship then being within
the waters of the Colony, and may appoint another
person to act in his stead ; but no such appointment
shall be made without the consent of the 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 or engineer so dis
charged, or any part of such wages to be forfeited, and
may direct the same to be retained by way of compen
sation to the owner.
5. Each member of the Court shall either sign the report made on
any investigation under this section , or report to the Governor his
reasons for dissent therefrom .
6. Every master or mate or engineer whose certificate is suspended [ M. S. A.
1862, sec. 24.}
or cancelled in pursuance of this Ordinance shall , upon demand of the [42 and 43
Court, deliver his certificate to the Court, or if it is not demanded by Vic., c. 72 ,
sec. 3, sub
the Court, deliver it to the Governor or as he directs , and in default sec. .4 ]
shall, for each offence, incur a penalty not exceeding two hundred and
fi fty
dollars , —but no certificate shall be suspended or cancelled until
such suspension or cancellation shall have been approved by the Governor.