CO129-445 - Public Offices - 1917 — Page 548

42

[L. 19 contd.)

Unofficial members of Court to be

No. 10 of 1899.

MERCHANT SHIPPING.

sident of the Court, and at least one shall be a commissioned officer in the Royal Navy, and the remainder masters of the British mer- cantile 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 2 members having experience in the merchant service.

(9) Each of the unofficial members of such Court shall be paid, out of the Treasury, the sum of 10 dollars a day, or such other sum remunerated. as the Governor may, in any special case, direct, during each day

that the Court sits.

Enumeration

of shipping

casualties.

M. 8, Act, 1894, B. $61.

Cases for

inquiry, and

jurisdiction

of Court.

ib. 8. 478.

(4) For the purpose of an investigation under this Part, a ship- ping casualty shall be deemed to occur,-

(a) when on or near the coasts of the Colony any British or colonial ship is lost, abandoned or materially damaged ;

(b) when on or near the coasts of the Colony any British or colonial 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 or colonial ship causes loss or material damage to any other ship;

(d) when any loss of life ensues by reason of any casualty happen- ing to or on board any British or colonial ship on or near the coasts of the Colony:

(c) 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 or colonial ship has been stranded or damaged, and any witness is found in the Colony; and

(g) when any British or colonial ship has been lost or is supposed to have been lost, and any evidence is obtainable in the Colony as to the circumstances under which she proceeded to sea or waa last heard of.

(5) In any of the following cases,—

(a) where a shipwreck or casualty occurs to a British or colonia| ship on or near the coasts of the Colony or to a British or colonial ship in the course of a voyage to the Colony;

(b) where a shipwreck or casualty occurs in any part of the world to a ship registered in the Colony;

MERCHANT SHIPPING.

No. 10 of 1899.

43 543

dontd.]

(c) where some of the crew of a British or colonial ship which has [a. 19 been wrecked or to which a casualty has occurred, and who are com- petent witnesses to the facts, are found in the Colony;

(d) where the incompetency or misconduct has occurred on board a British or colonial ship on or near the coasts of the Colony, or on board a British or colonial 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

(f) where the master, mate, or engineer of a British or colonial ship who is charged with incompetency or misconduct on board that ship is found in the Colony,

it shall be lawful for such Court to make investigation respecting such shipwreck or casualty and to 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 Act of 1894, applicable if it had so occurred. Such Court shall also have the

8. 729.] powers given by the Merchant Shipping Acts, to inspectors appoint- ed by the Board of Trade, as well as all the powers of a Stipendiary Magistrate acting as a Court of Summary Jurisdiction.

be held if

(6) An inquiry shall not be held under this section into any matter Inquiry not to which has once been the subject of an investigation or inquiry, and matter has has been reported on by a competent Court or tribunal in any part already beco of His Majesty's dominions, or in respect of which the certificate of investigation: a master, mate, or engineer has been cancelled or suspended by a Naval Court.

subject of

(7) Where an investigation or inquiry has been commenced in the or if inquiry United Kingdom with reference to any matter, an inquiry with re- ference to the same matter shall not be held under this section,

(8) The certificate of a master, mate, or engineer may be can- celled or suspended→→

has beso commenced

in the United Kingdom. Grounds for ou acolling or auspending

(a) if the Court finds that the loss or abandonment of, or serious certificate.

56.8.170. damage to, any ship, or loss of life, has been caused by his wrongful act or default; or

(b) if the Court finds that he is incompetent, or that he has been [Act of 1894, guilty of any gross act of misconduct, drunkenness, or tyranny, or ». 422.] that, in a case of collision, he has failed to render such assistance