the-ordinances-of-the-legislative-counci-1890v3 — Page 219

1502 ORDINANCE No. 8 OF 1879.


Merchant Shipping.


[42 and 43 7. Where an investigation into the conduct of a master, mate,
Vic., c. 72,
sec. 2, sub engineer, or into a shipping casualty, has been held under this Ordinance,
sec. 1. ]
or any Ordinance amending the same, the Governor may, in any case,
and shall , if new and important evidence which could not be produced
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 whom it was heard in the first instance , or
by the Judge of the Vice- Admiralty Court of this Colony , and the case
shall be so re-heard accordingly .

Rules as to
8. The Governor in Council may, from time to time, make and
procedure,
fees, &c. when made revoke, alter and add to general rules for carrying into effect
[ M. S. A.
1876 , sec. 30. ] the enactments relating to formal investigation into shipping casualties
the enactments
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 : And all such rules

while in force shall have effect as if enacted by this Ordinance.

9. Every formal investigation in a shipping casualty shall be con
ducted in such a manner that if a charge is made against any person

that person shall have an opportunity of making a defence.

Constitution 10. The Court shall also be a Court of survey, and when sitting as
power and
procedure of ―――――
a Court of survey the following provisions shall have effect :
Court of
survey.
[M. S.A. 1876 , (a . ) The case shall be heard in open Court.
secs. 7 & 8.1
(b. ) Each member of the Court may survey the ship and shall
have for the purposes of this section all the powers of
an inspector appointed by the Board of Trade under

the " Merchant Shipping Act, 1854."

(c . ) The Court may appoint any competent person or persons
to survey the ship and report thereon to the Court, and

such person or persons in case of disagreement may 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 of the Court concur
in an order for the detention of the ship, the ship shall
be released .