642
No. 10 of 1899.
MERCHANT SHIPPING.
[s 19A contd.]
Constitu-tion, powers and pro-cedure of Court of Survey.
+ [cf. 57 & 58 Vict. c. 60, s. 488.]
Regulations as to procedure, fees, etc.
same by letter to the Harbour Master, and in default, without reasonable excuse therefor, he shall be liable to a fine not exceeding five hundred dollars.
Courts of Survey.
20. (1) It shall be lawful for the Governor, whenever occasion may arise, 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 :--
(a) the case shall be heard in open court;
(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 Acts;
(c) the court may order the ship to be surveyed, and may appoint any competent person to survey the ship and report thereon to the court, and such person may, in case of disagree-ment, be appointed by a majority of the members;
(d) the court shall have the same power as the Governor has to order the ship to be released or finally detained, but unless a majority of the members concur in an order for the detention of the ship, the ship shall be released; and
(e) the owner or agent and the master of the ship, and any person appointed by the owner, agent or master, may attend at any inspection or survey made in pursuance of this section.
(2) It shall be lawful for the Governor in Council to make regulations for carrying into effect the provisions of this Ordinance with respect to a Court of Survey and appeals thereto, and in particular with respect to the summoning of and procedure before the court, the requiring on an appeal under section 10 (12) or section 17 (5) (d) or (e) security for costs and damages, and the amount and application of fees.
Table I.
Power to order payment of costs of in-vestigation.
Ordinance No. 41 of 1932.
(3) The court may make such order with respect to the costs of any investigation under this section as it may think fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as a civil debt under the Magistrates Ordinance, 1932.
As amended by No. 28 of 1935 [1.7.35].
642
No. 10 of 1899.
MERCHANT SHIPPING.
[s 19A contd.]
Constitu-
tion, powers and pro- cedure of Court of Survey.
+ [cf. 57 & 58 Vict. c. 60, s. 488.]
Regulations as to procedure, fees, etc.
same by letter to the Harbour Master, and in default, without reasonable excuse therefor, he shall be liable to a fine not exceeding five hundred dollars.
Courts of Survey.
20. (1) It shall be lawful for the Governor, whenever occasion may arise, 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 :--
(a) the case shall be heard in open court;
(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 Acts;
(c) the court may order the ship to be surveyed, and may appoint any competent person to survey the ship and report thereon to the court, and such person may, in case of disagree- ment, be appointed by a majority of the members;
(d) the court shall have the same power as the Governor has to order the ship to be released or finally detained, but unless a majority of the members concur in an order for the detention of the ship, the ship shall be released; and
(e) the owner or agent and the master of the ship, and any person appointed by the owner, agent or master, may attend at any inspection or survey made in pursuance of this section.
(2) It shall be lawful for the Governor in Council to make regulations for carrying into effect the provisions of this Ordin- ance with respect to a Court of Survey and appeals thereto, and in particular with respect to the summoning of and procedure Regulations before the court, the requiring on an appeal under section 10 (12) or section 17 (5) (d) or (e) security for costs and damages, and the amount and application of fees.
Table I.
Power to order payment of costs of in- vestigation. Ordinance No. 41 of 1932.
(3) The court may make such order with respect to the costs of any investigation under this section as it may think fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as a civil debt under the Magistrates Ordin-
ance, 1932.
As amended by No. 28 of 1935 [1.7.35].
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