1901_MERCHANT_SHIPPING_ORDINANCE__1899 — Page 39

AD 1899.]

MERCHANT SHIPPING.

[No. 10.

485

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 be liable to a penalty not exceeding two hundred and

fifty dollars.

(17.) Where an investigation into the conduct of a master, mate, or Re-hearing. engineer, or into a shipping casualty, has been held under this Ordi- in any nance or any Ordinance amending the same, the Governor may,

pro- case, and shall, if new and important evidence which could not be duced at the investigation has been discovered or if for any other reason there has, in his opinion, been ground for suspecting a miscarriage of justice, order that the case be re-heard, either generally or as to any part thereof, and either by the Court by which it was heard in the first instance, or by a Marine Court to be appointed under this section, or by a Judge of the Supreme Court of the Colony in its Admiralty Jurisdic- tion, and the case shall be so re-heard accordingly.

(18.) The Governor-in-Council may from time to time make general Rules as to procedure, rules for carrying into effect the enactments relating to formal investiga- fees, etc. tions into shipping casualties and into charges of incompetency or mis- conduct, and in particular with respect to the procedure, the parties, the persons allowed to appear, the notice to such parties and persons or to persons affected, and the amount and application of fees: Provided that, unless and until other rules are made, the general rules in Table G of Schedule: the Schedule to this Ordinance shall apply.

that

Table G.

for defence.

(19.) Every formal investigation shall be conducted in such a manner Opportunity that, if a charge is made against any person, person shall have an opportunity of making a defence.

Courts of Survey.

powers, and

procedure of Court of

20.-(1.) It shall be lawful for the Governor, from time to time and Constitution, whenever occasion may arise or require, to appoint a Court of Survey in the same manner and composed of the same persons as in the case of a Marine Court, and in such case the following provisions shall have effect:

open

Court;

(a.) the case shall be heard in (b.) each member of the Court may survey the ship, and shall have for such purpose all the powers of an inspector appointed by the Board of Trade under the Merchant Shipping Act, 1894; (c.) the Court may, in its discretion, order the ship to be surveyed, and may appoint any competent person or persons to survey the ship and report thereon to the Court, and such person or persons may, in case of disagreement, be appointed by a majority of the members;

Survey.

67 & 68 Vict.

€ 60.