Provision as to appointment. Salaries and fees. Courts of Marine Local court magistrates to preside. Inquiry involving tificate. possession or power, or to take any oath or subscribe any declaration as aforesaid, shall, for each offence, incur a penalty not exceeding twenty pounds: Provided that no person shall be required, in obedience to any summons, to travel more than ten miles from his place of abode at the time of receiving such summons, unless such reasonable allowances for expenses incident to his attendance to give evidence be tendered to him on the scale allowed in that behalf to a witness attending on subpoena to give evidence before the Supreme Court. 19. (1 The appointment of officers under this Act shall be made in accordance with the provisions of any Act regulating the Public Service in force for the time being. (2.) The salaries and fees of such officers and other persons employed under this Act shall be paid out of moneys to be appropriated by l'arliament for that purpose. PART III. THE COURT OF MARINE INQUIRY. 20. There is hereby conferred upon such local courts as may be proclaimed by the Governor for the purpose jurisdiction to hear and determine inquiries, appeals, and references under this Act under and according to the terms and provisions of any Act regulating local courts in force for the time being (so far as they are applicable), and of this Act; and a local court exercising such jurisdiction shall be a court of record, and be called a "Court of Marine Inquiry." 21. (1.) Any one or more of the local court magistrates may sit as a Court of Marine Inquiry, and shall be assisted by two of the assessors appointed under this Act; such assessors shall have power to advise, but not to adjudicate, on any matter before the Court. (2.) Where an inquiry involves or appears likely to involve cancellation of cer- any question as to the cancelling or suspension of the certificate of a master, mate, or engineer, the Court shall hold the inquiry, with the assistance of not less than two assessors having experience in the merchant service, both of whom shall have had experience in the calling of the person before the court. Officers. Power to make rules. 22. All officers of the said local courts shall act as officers of Courts of Marine Inquiry. 23. (1.) The Governor may make rules to regulate the procedure and practice of Courts of Marine Inquiry, and such rules shall have the same force and effect as if they had formed a part of this Act, notwithstanding that they may conflict with the provisions of the Local Courts Act, 1904. (2.) (2.) Rules made as aforesaid shall be published in the Government Gazette and shall take effect from the date of publication. (3) Until rules are made and published under this section, or so far as such rules do not extend, the presiding magistrate may, in any particular case, give such directions as may seem fit. 24. (1.) A Court of Marine Inquiry is hereby authorised to make inquiries as to shipwrecks and other casualties affecting ships, or as to charges of incompetency or misconduct on the part of masters, mates. or engineers of ships in the following cases, namely: (a.) Where a shipwreck or casualty occurs to a British ship o (d.) Where the incompetency or misconduct has occurred on (e.) Where the incompetency or misconduct has occurred on Matters in respect hold inquiry. of which court may (2.) The said Court shall have the same jurisdiction over the Jurisdiction. matter in question as if it had occurred within its ordinary jurisdiction, but subject to all provisions, restrictions, and conditions as would have been applicable if it had so eccurred. matter (3.) An inquiry shall not be held under this section into any Ouster of jurisdic (4.) which has once been the subject of an investigation (b.) with reference to which an investigation or inquiry tion. (4.) Cancellation of certificates. Summoning of parties and witnesses. When court to make inquiry. Rehearing of in (4.) The said Court, holding an inquiry under this section shall have the same powers of cancelling and suspending certificates, and shall exercise those powers in the same manner as a court holding a similar investigation or inquiry in the United Kingdom. (5.) The said Court, for the purposes of any inquiry under this section, shall, so far as relates to the summoning of parties. and compelling the attendance of witnesses, have all the powers of the Supreme Court. 25. A Court of Marine Inquiry shall, when requested by the Minister, and may, in any case where it thinks fit, make any inquiry under the last preceding section. 26. The Governor may, where any such inquiry as aforesaid quiry at instance of has been made, order the case to be reheard by a Court of Marine Inquiry, either generally or as to any part thereof, and shall do so Governor. Presiding magistrate. Inquiry to be in open court. Court may award costs. Copy of decision and notes to be for warded to Governor. Delivery of certificate cancelled or suspended. (1.) If new and important evidence, which could not be produced at the inquiry, has been discovered; (2.) If for any other reason there has, in the opinion of the Governor, been ground for suspecting that a miscarriage of justice has occurred. 27. (1.) The senior local court magistrate present shall preside at any sitting of a Court of Marine Inquiry. (2.) Every inquiry under this Act shall be in open court. The decision of the court shall be delivered by the presiding magistrate in open court. In the event of an equality of votes, the presiding magistrate shall have a casting as well as a deliberative vote. (3.) The court may make such order as it thinks fit respecting the costs of any proceedings, and any costs awarded against any party to the proceeding may be recovered by the party in whose favour the order is made, in any court of competent jurisdiction. (4.) The presiding magistrate shall, in every case, forward to the Governor a copy of the decision of the court, together with notes of the evidence given; and any member of the court who dissents from the decision may likewise forward his written reasons for so dissenting. 28. (1.) A master, mate, or engineer whose certificate is cancelled or suspended by a Court of Marine Inquiry shall deliver his certificate to the said court on demand, or, if not so demanded, to the Chief Harbour Master, or as the Chief Harbour Master directs. (2.) If a master, mate, or engineer fails, without sufficient cause, to comply with this section, he shall, for each offence, be liable to a penalty not exceeding fifty pounds. 29. detention of unsafe 29. (1.) A Court of Marine Inquiry shall hear and determine Jurisdiction of in open court any appeal or reference in pursuance of this Act in court in respect of respect of the detention of a ship alleged to be unsafe; and the ships. procedure of that court on the hearing and determining of such appeal or reference shall be as provided in pursuance of this Act in respect of inquiries as to shipwrecks. (2.) Any magistrate or assessor of the court may survey the Magistrate or ship, and shall, for the purposes of this Act, have all the powers of assessor may an inspector under this Act. survey. (3.) The presiding magistrate of the court may appoint any Presiding competent person or persons to survey the ship and report thereon Magistrate may to the court. appoint a surveyor. other person (4.) Any magistrate or assessor of the court, and any person Powers of appointed by the presiding magistrate of the court to survey a ship, magistrate or may go on board the ship and inspect the same and every part making survey. thereof, and the machinery, equipments, and cargo, and may require the unloading or removal of any cargo, ballast, or tackle; and any person who wilfully impedes such magistrate, assessor, or person in the execution of the survey, or fails to comply with any requisition made by him, shall be liable to a penalty not exceeding ten pounds. (5.) The court shall have the same power as the Chief Powers of court to Harbour Master has to order the ship to be released or finally de- order detention. tained, but unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released. (6.) The owner and master of the ship, and any person Owner, etc., may appointed by the owner or master, and also any person appointed by attend survey. the Minister, may attend at any inspection or survey made in pursuance of this section. (7.) The presiding magistrate shall send to the Governor Report to Governor. such report as may be directed by the rules, and each assessor shall either sign the report or report to the Governor the reasons for his dissent. PART IV. STEAM NAVIGATION. Division 1.-Application of this Part. 30. (1.) The provisions contained in this Part of this Act, and Application of this all regulations thereunder, shall apply- (".) To all steamships engaged in the trade of conveying (b.) Part. Owners of steamships to have them surveyed. Surveyors to make declarations of survey. Owner to transmit declarations. (b.) As far as possible to every British and foreign ship engaged in trading from any port within the jurisdiction to any other port in His Majesty's dominions, whether such trading does or does not include the carrying of passengers, unless such ship holds Lloyd's 100A classification certificate, or is a steamship registered in Great Britain and Ireland which holds a passenger steamer's certificate under the Merchant Shipping Act; (2.) The Governor may direct that any British or foreign ship trading between any port in Western Australia and any port not being within Great Britain or Ireland shall be subject to the provisions of this section. Division 2.-Surveys and Certificates. 31. (1.) The owner of every steamship constructed or intended to carry passengers shall, during the actual employment of such ship in that capacity, cause it to be surveyed twice at least in every year, at such convenient times as the Chief Harbour Master directs, by a shipwright-surveyor and by an engineer-surveyor appointed under this Act. (2.) The surveyors, if satisfied, on the survey, that they can with propriety do so, shall deliver to the owner the following declarations, that is to say: (a.) A declaration under the hand of the shipwright surveyor of the sufficiency and good condition of the boats and other equipments of the steamship in question (and also, if the Chief Harbour Master so requires, a statement of the number of passengers, whether deck passengers or other passengers, which such steamship is constructed to carry), and, where the hull is wholly or partly constructed of wood, of the sufficiency and good condition of the hull; and (b.) A declaration under the hand of the engineer-surveyor of the sufficiency and good condition of the machinery, and, where the hull is constructed of iron, of the sufficiency and good condition of the hull: And each such declaration shall distinguish whether such steamship is, in construction, equipment, and machinery, adapted for sea-service as well as for harbour, river, or lake service, or for harbour, river, or lake service only, and when adapted for harbour, river, or lake service only, or for a limited coasting voyage, such declaration shall state the local limits within which such steamship is, in the judg ment of such surveyor, adapted for plying. (3.) Every such owner shall transmit every such declaration to the Chief Harbour Master within fourteen days after its date. 32. |