46
No. 10 of 1899.
45.1
MERCHANT SHIPPING.
MERCHANT SHIPPING.
Use
No. 10 of 1899.
47
[s.19 contd.]
Cases for inquiry, and jurisdiction
of court.
57 & 58 Vict.
c. 60, s. 478.
(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.
(5) 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
(f) 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,
it shall be lawful for such court to make investigation respecting such 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 [s.19 contd.] been applicable if it had so occurred. Such court shall also have the powers given by the Merchant Shipping Acts to inspectors (cf. 57 & 58
Vict. c. 60, appointed by the Board of Trade, as well as all the powers of a
s. 729.] magistrate acting as a court of summary jurisdiction.
to be held
if matter
(6) An inquiry shall not be held under this section into any Inquiry not matter which has once been the subject of an investigation or inquiry, and has been reported on by a competent court or has already tribunal in any part of His Majesty's dominions, or in respect of inves
been subject of which the certificate of a master, mate or engineer has been tigation; cancelled or suspended by a naval court.
(7) Where an investigation or inquiry has been commenced or if inquiry
has been in the United Kingdom with reference to any matter, an inquiry
commenced with reference to the same matter shall not be held under this in the section.
United Kingdom.
(8) The certificate of a master, mate or engineer may be Grounds for cancelled or suspended—
(a) if the court finds that the loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default; or
cancelling or suspending certificate. 57 & 58 Vict.
c. 60, s. 470
(1).
*
[. 57 & 58 Vict. c. 60, $. 422.]
(b) if the court finds that he is incompetent, or that he has been guilty of any gross act of misconduct, drunkenness or tyranny, or that, in a case of collision, he has failed to render such assistance or give such information as is required by the Merchant Shipping Acts.
(9) Where any case before any such court as aforesaid Decision of involves a question as to the cancelling or suspending of a 57 & 58 Vict certificate, the court shall, at the conclusion of the case or as c. 60, s. 470, soon afterwards as possible, state in open court the decision to (2). which it has come with respect to the cancelling or suspending thereof,
+
court.
Board of Trade.
57 & 58 Vict.
(10) The court shall in all cases send a full report on the Report to case, with the evidence, to the Board of Trade, and shall also, if it determines to cancel or suspend any certificate, send the certificate cancelled or suspended to the Board of Trade or other 60, s. 470
(3). authority by whom the certificate was granted.
(1) A certificate shall not be cancelled or suspended by a court under this section, unless a copy of the report, or a state-
*As to the power of the Governor to restore certificate or shorten period of
suspension see Orders of H.M. in Council of 9.5.1891 and 22.10.1906.
Copy of report to be
furnished. 57 & 58 Vict.
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