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conduct of officers.
Jurisdiction of Court at inquiry.
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 on or near the coast of the Colony, or to a British ship in the course of a voyage to a port within the Colony;
(b) Where a shipwreck or casualty occurs in any part of the world to a British ship registered in the Colony;
(c) Where some of the crew of a British ship which has been wrecked or to which a casualty has occurred, or any competent witnesses of the facts, are found in the Colony; (d) Where the incompetency or misconduct has occurred on board a British ship on or near the coast of the Colony, or on board a British ship in the course of a voyage to a port within the Colony;
(e) Where the incompetency or misconduct has occurred on board a British ship registered in the Colony;
(f) When the master, mate, or engineer of a British ship who is charged with incompetency or misconduct on board that ship is found in the Colony.
11.-(1) In any such formal investigation as aforesaid the Court shall have the same jurisdiction over the matter in question as if it had occurred within its ordinary jurisdiction, but subject to all provisions, restrictions, and conditions which would have been applicable if it had so occurred.
(2) No such formal investigation shall be held 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.
(3) Where an investigation or inquiry has been commenced in the United Kingdom with reference to any matter, no formal investigation with reference to the same matter shall be held in the Colony.
(4) Every Court holding a formal investigation under this Ordinance 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 Board of Trade may order the rehearing of any formal investigation under this Ordinance in like manner as they may order the rehearing of a similar investigation or inquiry in the United Kingdom, but if an application for rehearing either is not made or is refused, an appeal shall lie from any order or finding of the Court holding the formal investigation to the High Court in England: Provided that an appeal shall not lie:
(a) From any order or finding on an inquiry into a casualty affecting a ship registered in any British possession; or
(b) From a decision affecting the certificate of a master, mate,
or engineer if that certificate has not been granted
sit with assessors.
12. (1) The Court holding a formal investigation under this Judge may Ordinance shall hold the same with the assistance of one or more assessors of nautical, engineering or other special skill or knowledge. Every such person who attends or assists the Court throughout any such formal investigation shall receive such remuneration for his service, not exceeding five pounds per diem, as the Court shall allow.
(2) Where a formal investigation involves, or appears likely to involve, any question as to the cancelling or suspension of the certificate of a master, mate, or engineer, the Court shall hold the investigation with the assistance of not less than two assessors having experience in the merchant service.
(3) If any assessor shall dissent from any decision of the Court, Assessors may the Judge may record on the minutes the dissent and the grounds record dissent, thereof, but the decision of the Court shall in all cases rest with the to rest with Judge alone. Judge.
(4) The Court shall make a report to the Governor containing a full statement of the case and of the opinion of the Court thereon. Each assessor shall either sign the report or statement in writing to the Governor or his dissent therefrom, and the reason for that dissent.
13.-(1) The certificate of a master, mate, or engineer may be Power of cancelled or suspended by the Court at a formal investigation Court as to under this Ordinance
(a) If the Court finds that the loss or abandonment of, or serious damage to, any ship or loss of life has been caused by his wrongful act or default; or
(b) If the formal investigation be into the conduct of a master, mate, or engineer, and the Court finds that he is incompetent or 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 under the Fifth Part of the Merchant Shipping Act, 1894.
(2) Where any such formal investigation 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.
(3) The Court shall in all cases send a full report on the case with the evidence to the Governor for transmission by him to the Board of Trade, and shall also, if it determines to cancel or suspend any certificate, send the certificate cancelled or suspended
cancelled or suspended.
14. Every formal investigation held under this Ordinance shall charged may be conducted in such a manner that if a charge is made against any person that person shall have an opportunity of making a defence.
Further formal investigation.
to the Governor for transmission by him to the Board of Trade with its report.
(4) A certificate shall not be cancelled or suspended by the Court unless a copy of the report or the statement of the case on which the formal investigation has been ordered has been furnished before the commencement of the formal investigation to the holder of the certificate.
Procedure at formal investigation.
15.—(1) A master, mate, or engineer whose certificate is cancelled or suspended by the Court shall deliver his certificate to the Court on demand.
(2) If a master, mate, or engineer fail to comply with this section, he shall for each offence be liable to a penalty not exceeding fifty pounds.
16. If, upon receiving a report from the Court or otherwise, the Governor has reason to believe that any master, mate, or certificated engineer is, from incompetency or misconduct, unfit to discharge his duties, or that in a case of collision he has failed to render such assistance or give such information as is required under the Fifth Part of the Merchant Shipping Act, 1894, the Governor may order the Court to hold a further formal investigation, and he shall transmit with his order to the Court the report of the case upon which the formal investigation has been ordered.
Cost of formal
17. In any formal investigation held under this Ordinance the investigation. Court may make such order as it thinks fit respecting the costs of
such formal investigation, and such order shall be enforced as an order for costs under the Supreme Court Ordinance. If, notwithstanding such order, any costs remain unpaid, it shall be lawful for the Court to order that such unpaid costs, or any part thereof, be paid out of the revenue of the Colony.
18. So far as the same may be applicable, all the powers, authorities and provisions in the Supreme Court Ordinance and the practice and procedure of the Supreme Court shall extend and apply to a formal investigation held under this Ordinance.
Removal of Master.
19.-(1) The Court may remove the master of any ship within the jurisdiction of the Court if that removal is shown to the satismaster within faction of the Court by evidence on oath to be necessary.
(2) The removal may be made upon the application of any owner of the ship, or his agent, or of the consignee of the ship, or of any certificated mate, or of any third or more of the crew of the ship.
(3) The Court may appoint a new master instead of the one removed; but when the owner, agent, or consignee of the ship is within the jurisdiction of the Court such an appointment shall not be made without the consent of that owner, agent or consignee.
(4) The Court may also make such order and require such security in respect of the costs of the matter as the Court thinks fit.
20. The Governor in Council may from time to time make, Rules as to alter or revoke rules for carrying into effect the provisions relating preliminary inquiries and to preliminary inquiries and formal investigations held under this formal inOrdinance, and in particular with respect to the appointment and vestigations. summoning of assessors, the procedure, the parties, the persons allowed to appear, the notice to those parties or persons or to persons affected, the amount and application of fees, and the places in which preliminary inquiries are to be held.
Such rules shall be published in the Gazette, and on such publication shall have the same effect as if they were enacted in this Ordinance.
Receivers of Wreck.
21. The Governor shall have the general superintendence of all Governor to matters relating to wreck, and may appoint any officer of Customs superintend not being below the rank of Supervisor or any other person to be relating to a Receiver of Wreck in any district, and to perform such duties as wreck; may are hereinafter mentioned, and shall give due notice in the Gazette appoint of every such appointment. During the absence of any Receiver from, or where no Receiver has been appointed to, any district, the District Commissioner of the district shall be Receiver for such district.
Vessels in Distress.
stranded or in
22. Whenever any vessel is wrecked, stranded or in distress at Duty of any place on or near the coast of the Colony or any tidal water Receiver within the limits to which this Ordinance extends, the Receiver of when ship the district in which such place is situate shall, upon being made distress. acquainted with the circumstances, forthwith proceed there, and upon his arrival shall take the command of all persons present, and shall assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel and the lives of the persons belonging to the vessel (hereinafter referred to as shipwrecked persons) and the cargo and apparel of the vessel. If any person wilfully disobeys the direction of the Receiver, he shall for each offence be liable to a fine not exceeding fifty pounds; but the Receiver shall not interfere between the master and the crew of
Power to pass over adjoining lands.
Receiver to suppress} plunder or disorder.
the vessel in reference to the management thereof unless he is requested so to do by the master.
23. (1) The Receiver may, with a view to such preservation as aforesaid of shipwrecked persons, or of the vessel, cargo or apparel
(a) Require such persons as he thinks necessary to assist him;
(c) Demand the use of any waggon, cart or horses that may be
near at hand.
(2) Any person refusing without reasonable cause to comply with such requisition or demand shall for each refusal incur a penalty not exceeding one hundred pounds.
24. (1) Whenever a vessel is wrecked, stranded, or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel, or of saving the lives of the shipwrecked persons, or of saving the cargo or apparel of the vessel, unless there is some public road equally convenient, pass and repass, either with or without carriages or horses, over any adjoining lands, without being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also on the like condition deposit on those lands any cargo or other article recovered from the vessel.
(2) Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section shall be a charge on the vessel, cargo or articles in respect of or by which the damage is occasioned, and the amount payable in respect of the damage shall, in the case of dispute, be determined and shall, in default of payment, be recoverable in the same manner as the amount of salvage is hereby determined or recoverable.
(3) If the owner or occupier of any land—
(a) Impedes or hinders any person in the exercise of the rights given by this section by locking his gates, or refusing upon request to open the same, or otherwise; or
(b) Impedes or hinders the deposit of any cargo or other article recovered from the vessel as aforesaid on the land; or
(c) Prevents or endeavours to prevent any such cargo or other article from remaining deposited on the land for a reasonable time until it can be removed to a safe place or public deposit ;
he shall for each offence be liable to a fine not exceeding one hundred pounds.
25.-(1) Whenever any vessel is wrecked, stranded, or in distress as aforesaid and any person plunders, creates disorders, or obstructs the preservation of the vessel, or of the shipwrecked