ORDINANCE No. 8 OF 1879.
Merchant Shipping.
(f.) Whenever a British ship has been lost, or is supposed to be lost, and any evidence can be obtained in the Colony as to the circumstances under which she proceeded to sea or was last heard of;
Court.
1501
It shall be lawful for the Court to hear and inquire into any such charge of incompetency or misconduct, and to make inquiry respecting such loss, abandonment, stranding, damage, or casualty, and for such purposes, it shall have the powers given by the first part of "The Merchant Shipping Act, 1854," to inspectors appointed by the Board of Trade, and the powers given by section 23 of "The Merchant Shipping Act Amendment Act, 1862," and the Court shall be governed by the rules of the said last mentioned section, subject to the further requirements of this Ordinance, or of any Imperial Act or local Ordinance which may be from time to time enacted.
Further powers of Court. [See M. S. A. 1854, sec. 263.]
4. The Court may also exercise the following further powers:-
(a.) It may, if unanimous that the safety of the ship or crew, or the interest of the owner, absolutely requires 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 appointment 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 discharged, or any part of such wages to be forfeited, and may direct the same to be retained by way of compensation to the owner.
5. Each member of the Court shall either sign the report made on any investigation under this section, or report to the Governor his reasons for dissent therefrom.
[42 and 43 Vic., c. 72, sec. 3, sub-sec. 4; 1862, sec. 24.]
6. Every master or mate or engineer whose certificate is suspended or cancelled in pursuance of this Ordinance shall, upon demand of the Court, deliver his certificate to the Court, or if it is not demanded by the Court, deliver it to the Governor or as he directs, and in default shall, for each offence, incur a penalty not exceeding two hundred and fifty dollars, but no certificate shall be suspended or cancelled until such suspension or cancellation shall have been approved by the Governor.
ORDINANCE No. 8 OF 1879.
Merchant Shipping.
(f.) Whenever a British ship has been lost, or is supposed to be lost, and any evidence can be obtained in the Colony
as to the circumstances under which she proceeded to sea or was last heard of;
Court.
1501
It shall be lawful for the Court to hear and inquire into any such charge Powers of of incompetency or misconduct, and to make inquiry respecting such loss, abandonment, stranding, damage, or casualty, and for such purposes, it shall have the powers given by the first part of "The Merchant Ship- ping Act, 1854," to inspectors appointed by the Board of Trade, and the powers given by section 23 of "The Merchant Shipping Act Amend- ment Act, 1862," and the Court shall be governed by the rules of the said last mentioned section, subject to the further requirements of this Ordinance, or of any Imperial Act or local Ordinance which may be from time to time, enacted.
Further powers of Court. [Seo M. S. A... 1854, sec.
4. The Court may also exercise the following further powers:-
if unanimous that the safety of the ship or crew, (a.) It
may, or the interest of the owner, absolutely requires it, super- sede the master of any British ship then being within 263.1 the waters of the Colony, and may appoint another person to act in his stead; but no such appointment 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..
5. Each member of the Court shall either sign the report made on any investigation under this section, or report to the Governor his reasons for dissent therefrom.
1862, sec, 24.] (42 and 43.
sec. 3, sub- sec. .4]
6. Every master or mate or engineer whose certificate is suspended or cancelled in pursuance of this Ordinance shall, upon demand of the Court, deliver his certificate to the Court, or if it is not demanded by Vic., c. 72, the Court, deliver it to the Governor or as he directs, and in default shall, for each offence, incur a penalty not exceeding two hundred and fifty dollars, but no certificate shall be suspended or cancelled until such suspension or cancellation shall have been approved by the Governor.
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