Authority to
refer cases
to Board of Reference.
Provision for case where hearing of
appeal or
referred case
not com- menced within prescribed period.
Board of Reference
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subsection (3) of section 18 or within such further time as the Authority may allow in any particular case, a notice in writing setting forth the ground or grounds of appeal.
(3) The Authority shall refer every appeal duly made in accordance with this section to a Board of Reference and shall serve on the seaman by whom the appeal is made a notice specifying the date on which the appeal will be heard.
21. The Authority shall refer every case referred to him by the Superintendent under subsection (3) of section 17 or paragraph (ii) of subsection (1) of section 18 to a Board of Reference, and shall serve on the seaman a notice specifying the date on which the case will be heard
22. (1) If the hearing of an appeal under section 20 by a seaman is not commenced within three months after the notice of appeal was delivered to the Authority in accordance with subsection (2) of section 20 and the period for which the seaman's registration was suspended has not then expired, the Superintendent shall forthwith withdraw the suspension of the seaman's registration.
(2) If the hearing of a case referred by the Authority under section 21 to a Board of Reference is not commenced within three mouths after the case was referred to the Authority in accordance with subsection (3) of section 17 or paragraph (ii) of subsection (1) of section 18, as the case may be, the Superintendent shall forthwith restore the seaman's name to the register or withdraw the suspension of the scaman's registration, as the case may be, and no further proceedings on the case shall take place.
23. If a Board of Reference is satisfied that the notice required by section 21 to be served on a seaman was served by delivering it to may proceed with bearing the seaman personally, the Board of Reference may proceed with the
hearing of the case notwithstanding that the seaman is not present.
of referred
Case in
absence of seaman in cerlain case.
Practice and procedure
upon hearing of appeal or referred Cast,
24. (1) Subject to the provisions of section 25 and subsections (3), (4), (5), (6), (7), (8) and (9) of this section, the practice and procedure ou the hearing by a Board of Reference of an appeal under section 20 by a seaman on the ground that the period for which his registration was suspended is excessive shall be such as the Board of Reference thinks fit.
(2) The practice and procedure on the hearing by a Board of Reference of an appeal under section 20 by a seaman on the ground that he disputes the ground on which his registration was suspended or of a case referred by the Authority under section 21 to the Board of Reference shall be such as the Board of Reference thinks fit, subject
15
to the following provisions and to the provisions of sections 23 and 25 and subsections (3), (4), (5), (6), (7), (8) and (9) of this section-
(a) the burden of proof shall be on the Superintendent;
(6) the Superintendent may address the Bound of Reference and
adduce evidence in support of his case;
(c) the seaman shall be entitled to put questions to any witness
called by the Superintendent;
(d) when all the evidence which the Superintendent wishes to adduce has been adduced, the scantan may give evidence him- self and adduce other evidence in support of his case and may then address the Board of Reference;
(e) the Superintendent shall be entitled to put questions to the seaman if he gives evidence and to any witness called by the
scaman:
( the Board of Reference may call any witness whom it considers necessary, but the Superintendent and the scaman shall be entitled to put questions to any such witness and if any such witness is called after the seaman bas addressed the Board of Reference pursuant to paragraph (d) the seaman sball bo entitled to address the Board again on any matter arising from the evidence given by such witness.
(3) On the hearing of an appeal under section 20 by a seaman or of a case referred by the Authority under section 21 to a Board of Reference, the seaman may be represented by counsel or a solicitor or by any other person and the Superintendent may be represented by a legal officer.
(4) Any deposition made on oath by any person before a magistrato in any part of the Commonwealth, or before any British consular officer elsewhere, shall be admissible in evidence in any proceedings before a Board of Reference~
(a) if, at the time, the person by whom the deposition was made
is not, or cannot be found, in the Colony, and
(b) if the deposition is authenticated by the signature of the magistrate or British consular officer before whom it was made. (5) Any entry in the official log book kept in any ship or in any similar document, and any copy of any such entry certified by the superintendent of a mercantile marine office in any part of the Common- wealth or by a British consular officer to be a true copy, shall be admissible in evidence in any proceedings before a Board of Reference if the entry was made, and signed by the master and some other member of the crew, within twenty-four hours after the occurrence to which it relates,
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