32
33
etc.
constitution casualties affecting ships, or to inquire into charges of incom- petency or misconduct on the part of masters, mates or engineers of ships.
Pr. Act. 2. 478.
Enumera-
lion of
casualties, cause for Inquiry,
etc.
Pr. Act,
8. 464.
[19(1)
(2) Such court shall consist of not more than five or less than three members, of whom one shall be a judge, district judge or magistrate and shall be president of the court, and at least one shall be a commissioned officer in the Royal Navy, and the remainder masters of the British mercantile marine, or such persons of nautical, engineering or other special skill or knowledge as the Governor may appoint: Provided always that, where any investigation involves or appears likely to involve any question as to the cancellation 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,
[19(2)
(3) Each of the unofficial members of such court shall be paid the sum of fifty dollars a day, or such other sum as the Governor may, in any special case, direct, during each day that the court sits.
[19(3)
51. (1) For the purpose of an investigation under this Part, a casualty shall be deemed to occur
(a) when on or near the coasts of the Colony any British
ship is lost, abandoned or materially damaged;
(b) when on or near the coasts of the Colony any British ship has been stranded or damaged, and any witness is found in the Colony;
(c) when on or near the coasts of the Colony any British ship causes loss or material damage to any other ship; (d) when any loss of life ensues by reason of any casualty happening to or on board any British ship on or near the coasts of the Colony;
(e) when in any place any such loss, abandonment, material damage or casualty as above mentioned has occurred, and any witness is found in the Colony;
(f) when in any place any British ship has been stranded or damaged, and any witness is found in the Colony; and (g) when any British ship has been lost or is supposed to have been lost, and any evidence is obtainable in the Colony as to the circumstances in which such ship proceeded to sea or was last heard of.
[19(4)
(2) In any of the following cases-
(a) where a casualty occurs to a British ship on or near the coasts of the Colony or to a British ship in the course of a voyage to the Colony:
(b) where a casualty occurs in any part of the world to a
ship registered in the Colony;
(c) where some of the crew of a British ship to which a casualty has occurred, and who are competent witnesses to the facts, are found in the Colony;
(d) where the incompetency or misconduct has occurred on board a British ship on or near the coasts of the Colony, or on board a British ship in the course of a voyage to the Colony:
(e) where the incompetency or misconduct has occurred on
board a ship registered in the Colony; and
() where the master, mate or engineer of a British ship who is charged with incompetency or misconduct on board that ship is found in the Colony,
Pr. Act, 5. 478.
such court may make investigation respecting such casualty and may hear and inquire into any such charge of incompetency or misconduct, and for such purposes the court shall have the same jurisdiction over the matter in question as if it had occurred within its ordinary jurisdiction, but subject to all provisions, restrictions and conditions which would have been applicable if it had so occurred. Such court shall also have the powers given by the fef, pr. Merchant Shipping Acts to inspectors appointed by the Minister 728.1 as well as all the powers of a magistrate acting as a court of summary jurisdiction.
[19(5)
(3) An inquiry shall not be held into any matter which has once been the subject of an investigation or inquiry, and has been reported on by a competent court or tribunal in any part of the Commonwealth, or in respect of which the certificate of a master, mate or engineer has been cancelled or suspended by a naval court.
[19(8)
(4) Where an investigation or inquiry has been commenced in the United Kingdom with reference to any matter, an inquiry with reference to the same matter shall not be held under this Part.
[19(7)
Act, s.