48
No. 10 of 1899.
MERCHANT SHIPPING.
211
c. 60, s. 470
(4).
Board of
Trade may order re- hearing.
Person who
applies for court to assist it.
57 & 58 Vict. c. 60, s. 466.
Further powers of court.
Ordinance
No. 41 of 1932.
ment 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 affecting a ship 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 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, 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, 1932.