Application to foreign ships of provisions 462. Where a foreign (a) ship (b) has taken on board all or any part of her cargo at a port (b) in the United Kingdom, and is whilst at that port unsafe (c) by reason of overloading or improper loading, the provisions of this Part of this Act with respect to the detention of ships (c) shall Vict. c. 80, apply to that foreign ship as if she were a British ship, with the following modifications: as to de tention. 39 & 40 s. 13. Survey of ships alleged by seamen to (i.) a copy of the order for the provisional detention of (ii.) where a ship has been provisionally detained (d), the 463.-(1.) Whenever in any proceeding against any seaman (b) or apprentice (1) belonging to any ship (b) for the (a) This applies to foreign ships, (d) § 459, s. 1 (a.). (e) Notes to § 58. (ƒ) § 459, s. 1 (b.). (h) § 459, s. 1 (d.), (i) i.e. the owner's or master's; cf. the section repealed. (k) § 487, s. 3. (7) §§ 105-109, 34 & 35 c. 110, 8. 7. 36 & 37 Vict. c. 85, 8. 9. offence of desertion (m), or absence without leave (m), or for be unsca-' otherwise being absent from his ship without leave, it is worthy. alleged by one fourth, or if their number exceeds twenty by Vict. not less than five, of the seamen (n) belonging to the ship, that the ship is by reason of unseaworthiness (0), overloading, improper loading, defective equipment, or for any other reason, not in a fit condition to proceed to sea, or that the accommodation in the ship is insufficient, the court having cognizance of the case shall take such means as may be in their power to satisfy themselves concerning the truth or untruth of the allegation, and shall for that purpose receive the evidence of the persons making the same, and may summon any other witnesses whose evidence they may think it desirable to hear, and shall, if satisfied that the allegation is groundless, adjudicate in the case, but if not so satisfied shall before adjudication cause the ship to be surveyed (p). (2.) A seaman (n) or apprentice (q) charged with desertion (m), or with quitting his ship without leave (r), shall not have any right to apply for a survey under this section unless he has before quitting his ship complained to the master (n) of the circumstances so alleged in justification. (3.) For the purposes of this section the court (n) shall require any surveyor of ships appointed under this Act (s), or any person appointed for the purpose by the Board of Trade, or, if such a surveyor or person cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the court, competent to deal with the special circumstances of the case, then any other impartial surveyor appointed by the court, and having no interest in the ship, her freight, or cargo, to survey the ship, and to answer any question concerning her which the court think fit to put. (4.) Such surveyor or other person shall survey the ship, and make his written report to the court, including (m) § 221. (n) Defined, § 742. () Dee note (y) to § 457. (p) As provided in sub-s. 3. S.M.S.A. (8) §§ 721-726. (q) §§ 105-109. 2 A an answer to every question put to him by the court, and the court shall cause the report to be communicated to the parties, and, unless the opinions expressed in the report are proved to the satisfaction of the court to be erroneous, shall determine the questions before them in accordance with those opinions. (5.) Any person making a survey under this section shall for the purposes thereof have all the powers of a Board of Trade inspector under this Act (u). (6.) The costs (if any) of the survey shall be determined by the Board of Trade according to a scale of fees to be fixed by them, and shall be paid in the first instance out of the Mercantile Marine Fund (r). (7.) If it is proved that the ship (y) is in a fit condition to proceed to sea, or that the accommodation is sufficient, as the case may be, the costs of the survey shall be paid by the person upon whose demand, or in consequence of whose allegation the survey was made (2), and may be deducted (a) by the master (y) or owner (b) out of the wages (y) due or to become due to that person, and shall be paid over to the Board of Trade. (8.) If it is proved that the ship (y) is not in a fit condition to proceed to sea, or that the accommodation is insufficient, as the case may be, the master (y) or owner (b) of the ship shall pay the costs of the survey to the Board of Trade, and shall be liable to pay to the seaman (y) or apprentice (c), who has been detained in consequence of the said proceeding before the court under this section, such compensation for his detention as the court may award. (u) §§ 728-730. (a) § 132. (b) Notes to § 58. PART VI. 1854 17 & 18 Vict. c. 104. 1862 = 25 & 26 Vict. c. 63. 1883 46 & 47 Vict. c. 41. = Int. Act, 1889 Interpretation Act, 1889 (52 & 53 Vict. c. 63); and see Appendix. Marginal references are to sections reproduced. PRELIMINARY NOTE TO PART VI. SPECIAL SHIPPING INQUIRIES AND COURT. THE various provisions of the consolidated statutes relating to tribunals created for the purposes of the Act are collected in this Part, those relating to legal proceedings in the ordinary courts being contained in Part XIII. Section 465 provides for preliminary investigations into shipping casualties as defined by § 464, and § 466 for formal investigations. Section 470 provides for the courts. that may cancel or suspend certificates of officers, and § 471 for inquiries into the conduct of officers, at the initiative of the Board of Trade. Naval courts are regulated by §§ 480-486, and courts of survey by §§ 487489. A wreck commissioner, now in abeyance, may be appointed under § 477. General rules for court procedure may be made by the Lord Chancellor (§§ 479, 489), and are printed in the Appendix. Section. PART VI. ARRANGEMENT OF SECTIONS. SPECIAL SHIPPING INQUIRIES AND COURTS. Inquiries and Investigations as to Shipping Casualties. 464. Shipping casualties (p. 358). 465. Preliminary inquiry into shipping casualties (p. 359). · 466. Formal investigation of shipping casualties (p. 359). 467. List of assessors (p. 362). 468. Inquiry in case of loss of life from fishing vessel's boat (p. 362). 470. Power as to Certificates of Officers, &c. 469. Power of Board of Trade as to certificate (p. 362). Power of court of investigation or inquiry as to certificates (p. 362). 471. Inquiry into conduct of certificated officer (p. 364). 472. Removal of master by Admiralty Court (p. 365). 473. Delivery of certificate cancelled or suspended (p. 366). 474. Power of Board of Trade to restore certificate (p. 366). Rehearing of Investigations and Inquiries. 475. Rehearing of inquiries and investigations (p. 366). Supplemental Provisions as to Investigations and Inquiries. 476. Investigations before stipendiary magistrate (p. 368). 477. Power to appoint wreck commissioners (p. 368). 478. Authority for colonial court to make inquiries into shipping casualties and conduct of officers (p. 368). 479. Rules as to investigations and inquiries (p. 371). Naval Courts on the High Seas and Abroad. 480. Cases in which naval courts may be summoned (p. 371). 481. Constitution of naval courts (p. 372). 482. Functions of naval courts (p. 372). 483. Powers of naval courts (p. 372). 484. Report of proceedings of naval courts (p. 375). |