MERCHANT SHIPPING.
No. 10 of 1899.
639
to all provisions, restrictions and conditions which would have [8. 19 contd.] been applicable if it had so occurred. Such court shall also have the powers given by the Merchant Shipping Acts to inspectors appointed by the Board of Trade, as well as all the powers of a magistrate acting as a court of summary jurisdiction.
[cf. 57 & 58 Vict. c. 60, s. 729.]
to be held if matter
(6) An inquiry shall not be held under this section into any matter which has once been the subject of an investigation or inquiry, and has been reported on by a competent court or tribunal in any part of His Majesty's dominions, or in respect of which the certificate of a master, mate or engineer has been cancelled or suspended by a naval court.
has already been subject of investigation;
has been commenced
(7) Where an investigation or inquiry has been commenced or if inquiry in the United Kingdom with reference to any matter, an inquiry with reference to the same matter shall not be held under this section.
in the United Kingdom.
(8) The certificate of a master, mate or engineer may be
or
cancelling or suspending certificate. 57 & 58 Vict. c. 60, s. 470
(a) if the court finds that the loss or abandonment of, serious 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 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 involves a question as to the cancelling or suspending of a certificate, the court shall, at the conclusion of the case or as soon afterwards as possible, state in open court the decision to which it has come with respect to the cancelling or suspending thereof.
(10) The court shall in all cases send a full report on the 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 authority by whom the certificate was granted.
(11) 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.
(1).
[cf. 57 & 58 Vict. c. 60, s. 422.] Decision of
court. 57 & 58 Vict. c. 60, s. 470,
(2).
Report to Board of
Trade.
57 & 58 Vict. c. 60, s. 470 (3).
Copy of report to be
furnished. 57 & 58 Vict.
MERCHANT SHIPPING.
No. 10 of 1899.
639
to all provisions, restrictions and conditions which would have [8. 19 contd.] been applicable if it had so occurred. Such court shall also have the powers given by the Merchant Shipping Acts to inspectors appointed by the Board of Trade, as well as all the powers of a magistrate acting as a court of summary jurisdiction.
[cf. 57 & 58 Vict. c. 60, s. 729.]
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 tribunal in any part of His Majesty's dominions, or in respect of which the certificate of a master, mate or engineer has been cancelled or suspended by a naval court.
has already been subject of inves- tigation;
has been commenced
(7) Where an investigation or inquiry has been commenced or if inquiry in the United Kingdom with reference to any matter, an inquiry with reference to the same matter shall not be held under this section.
in the United Kingdom.
(8) The certificate of a master, mate or engineer may be Grounds for cancelled or suspended-
or
cancelling or suspending certificate. 57 & 58 Vict. c. 60, s. 470
(a) if the court finds that the loss or abandonment of, serious 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 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 involves a question as to the cancelling or suspending of a certificate, the court shall, at the conclusion of the case or as soon afterwards as possible, state in open court the decision to which it has come with respect to the cancelling or suspending thereof.
(10) The court shall in all cases send a full report on the 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 authority by whom the certificate was granted.
(11) 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.
(1).
[cf. 57 & 58 Vict. c. 60, s. 422.] Decision of
court. 57 & 58 Vict. c. 60, s. 470,
(2).
Report to Board of
Trade.
57 & 58 Vict. c. 60, s. 470 (3).
Copy of report to be
furnished. 57 & 58 Vict.
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