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CHAPTER III.
MARINE COURTS.
Court.
XI. It shall be lawful for the Governor, from time to time Constitution and whensoever occasion shall arise or require, by Warrant under of Marine his hand and seal of the Colony, to form à Court, which shall be (SssOrdinance called "The Marine Court; and such Court shall consist of 11 of 1860, not more than five or less than three members, of whom one shall sec. 1.) be a Stipendiary Magistrate, and one, if possible, a Commissioned Officer in the Royal Navy,
2. Each of the unofficial members of such Court shall be paid, Unofficial out of the Colonial Treasury, the sum of $5 a day, during each members of day that the Court shall hold its sitting.
3. In any of the following cases, that is to say--
Court to be remunerated.
Cases where
are to be
(a.) Whensoever any charge of incompetency or misconduct inquiries
shall be brought by any person against any master, instituted. mate, or engineer of a British ship;
(b) Whenever any ship is lost, abandoned or materially
damaged on or near the coasts of the Colony;
(c) Whenever any ship causes loss or material damage to
any other ship, on or near such coasts;
瑾
(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, damage, or casualty happens elsewhere, and any competent witness thereof, arrive at, or be found at, any place in the said Colony;
It shall be lawful for the Court to hear and inquire into any Powers of such charge of incompetency or misconduct, and to make inquiry Court. respecting such loss, abandonment, damage, or casualty, and for such purposes, it shall have the powers given by the first part of "The Merchant Shipping Act, 1854," to fuspectors ap- pointed by the Board of Trade, and the powers given by section XXIII of "The Merchant Shipping Act Amendment Act, 1882," and the Court shall, in all things, be governed by the rules provided by the said last mentioned section.
4. The Court may also exercise the following further Further powers:
powers of Court.
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(a.) It may, if unanimous that the safety of the ship or (See M. S. A.,
crew, or the interest of the owner, absolutely requires 1854, 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 appoint- ment 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.
order
5. The Court may make such order with respect to the Court may costs of any such investigation as they think fit, and such costs payment
of costs of any shall be paid accordingly, and shall be recoverable in the same investigation. manner as costs in summary proceedings before any Police Magistrate.
6. Nothing in this section contained shall be deemed to affect Jurisdiction in any way the jurisdiction of the Vice-Admiralty Court of of the Vice-
Admiralty Hongkong.
CHAPTER IV.
BOARD OF EXAMINERS.
Court not to be affected.
Harbour
XII. Whenever any person shall be desirous to obtain a cer- Applicant to tificate of competency as master, mate, or engineer in the give notice to mercantile marine, he shall give notice in writing to that effect to Master. the Harbour Master, who shall forward the same to the Governor. (SeeOrdinance
17 of 1860.) con- Board of
Examiners to
2. It shall thereupon he lawful for the Governor to stitute and appoint à board of examiners to inquire into the be appointed. competency of such applicant, and such board shall consist of three members, one of whom shall be the Harbour Master, and the remaining two shall be either or both Commissioned Constitution Officers in the Royal Navy, or Masters, or duly qualified Engineers of board. in the mercantile marine.
3. Upon such appointment being notified to the Harbour Harbour Mas- Master, he shall summon the other members of the said board ter to summon to attend at the Harbour Master's office for the purpose of
board and notify examining the said applicant, at a day and at an hour to be applicant.
amed in such summons, (such day not to be more than seven days after the date of such summons); and shall also notify the applicant to attend accordingly.
differ
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