under this Part of this Act a formal investigation (n) as inquiries aforesaid into a shipping casualty (6), or an inquiry into the and inves conduct of a master, mate, or engineer (p) has been held, 42 & 43 order the case to be re-heard either generally or as to any 72, s. 3. part thereof, and shall do so (q), (a.) if new and important evidence which could not be produced at the investigation or inquiry has been discovered; or (b.) if for any other reason there has in their opinion been ground for suspecting that a miscarriage of justice has occurred. (2.) The Board of Trade may order the case to be re-heard, either by the court (r) or authority by whom the case was heard in the first instance, or by the wreck commissioner (s), or in England or Ireland by the High Court (t), or in Scotland by the Senior Lord Ordinary, or any other judge in the Court of Session whom the Lord President of that court may appoint for the purpose, and the case shall be so re-heard accordingly. (3.) Where on any such investigation or inquiry (u), a decision has been given with respect to the cancelling or suspension of the certificate of a master (r), mate, or engineer, and an application for a re-hearing under this section has not been made or has been refused (q), an appeal (x) shall lie from the decision (y) to the following courts; namely, (a.) If the decision is given in England or by a naval court (2), to the High Court (t): (b.) If the decision is given in Scotland, to either division of the Court of Session: tigations. Vict. c. Investigations before s'i (c.) If the decision is given in Ireland, to the High Court in Ireland (2). (4.) Any re-hearing or appeal under this section shall be subject to and conducted in accordance with such conditions and regulations as may be prescribed by rules made in relation thereto under the powers contained in this Part of this Act (a). Supplemental Provisions as to Investigations and Inquiries. 476.—(1.) Where a stipendiary magistrate is in any place a member of the local marine board (b), a formal pendiary investigation (c) at that place into a shipping casualty (d) magisshall, whenever he happens to be present, be held before that stipendiary magistrate. trate. 1854, s. 435. See 39 & 80, s. 39. (2.) There shall be paid out of the Mercantile Marine 40 Vict. c. Fund (e) to the stipendiary magistrate, if he is not remunerated out of money provided by Parliament under this Act, such remuneration by way of an annual increase of salary, or otherwise, as a Secretary of State (ƒ), with the consent of the Board of Trade, may direct. Power to appoint wreck commissioners. 39 & 40 Vict. c. 477. The Lord Chancellor may appoint some fit person or persons to be a wreck commissioner or wreck commissioners for the United Kingdom, so that there shall not be more than three of those commissioners at any one time, and may remove any such wreck commissioner; and in case 80, s. 29. it becomes necessary to appoint a wreck commissioner in Ireland the Lord Chancellor of Ireland shall have the power to appoint and remove that wreck commissioner. Authority for co'o any 478. (1.) The legislature (g) of any British possession (h) may authorize court or tribunal to make inquiries as to shipwrecks, or other casualties affecting ships, or as to inquiries charges of incompetency, or misconduct on the part of nial court to make into ship (z) Costs are usually given to the successful party. The Famenoth (1882), 7 P. D. at pp. 216, 217; The Arizona (1880), 5 P. D. at p. 130. No costs were given where the appeal succeeded in modifying the suspension. The Kestrel (1881), 6 P. D. at p. 192. (a) Rules made under § 479, see Appendix VIII. (e) § 677, s. (n.). (f) Int. Act, 1889, § 12, s. 3. masters (i), mates, or engineers of ships, in the following ping casucases, namely: alties and conduct of a officers. 1851, s. 242 (5). (a.) where a shipwreck a shipwreck or casualty occurs to British ship (k) on or near the coasts of the British possession (1) or to a British ship (k) in the course 45 & 46 of a voyage to a port (i) within the British 76, 88. 3-6. possession (1); (b.) where a shipwreck or casualty occurs in any part of the world to a British ship (k) registered (m) in the (c.) where some of the crew (n) of a British ship (k) (e) where the incompetency or misconduct has occurred (f) when the master (i), mate, or engineer of a British ship (k) who is charged with incompetency or miscon⚫ duct on board that British ship is found in the British possession (). (2.) A court or tribunal so authorized shall have the same jurisdiction over the matter in question as if it had occurred within their ordinary jurisdiction, but subject to all provisions, restrictions, and conditions which would have been applicable if it had so occurred. (3.) An inquiry shall not be held under this section 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 Her Majesty's dominions (o), or in respect of which the certificate (i) of a master, mate, (i) Defined, § 742. (k) Note to § 1. (1) Int. Act, 1889, § 18, s. 2. S.M.S.A. (m) § 4. (n) Note to § 114. 2 B Vict. c. or engineer has been cancelled or suspended by a naval court (p). (4.) Where an investigation or inquiry has been commenced in the United Kingdom with reference to any matter (q), an inquiry with reference to the same matter shall not be held, under this section, in a British possession (r). (5.) The court or tribunal 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 (s). (6.) The Board of Trade may order the re-hearing of any inquiry under this section in like manner as they may order the re-hearing of a similar investigation or inquiry in the United Kingdom (t), but if an application for re-hearing either is not made or is refused (u), an appeal shall lie from any order or finding of the court or tribunal holding the inquiry to the High Court (x) in England: provided that an appeal shall not lie (a.) from any order or finding on an inquiry into a casualty affecting a ship (y) registered (z) in a British possession (r); or (b.) from a decision affecting the certificate of a master (y), mate, or engineer, if that certificate has not been granted either in the United Kingdom or in a British possession (r), under the authority of this Act (a). (7.) The appeal shall be conducted in accordance with such conditions and regulations as may from time to time. be prescribed by rules made in relation thereto under the powers contained in this Part of this Act (v). (p) § 480. (q) §§ 466, 470, 471. (r) Int. Act, 1889, § 18, s. 2. (8) §§ 470, 471. (t) § 475. (u) The remedy for refusal is mandamus, not appeal. The Ida (1886), 11 P. D. 37. The appeal is only given to the person whose certificate is dealt with, not to the owner, though ordered to pay costs. The Golden Sea (1882), 7 P. D. 194. (v) See Rules in Appendix VIII. (y) Defined, § 742. (a) $$ 92, et seq.; § 102 Colonial certificates, not coming under § 102, seem to be the certificates excluded from appeal. gations 39 & 40 479.-(1.) The Lord Chancellor may (with the consent Rules as of the Treasury (b) so far as relates to fees) make general to investirules for carrying into effect the enactments relating to and informal investigations (c), and to the re-hearing of, or an quiries. appeal from, any investigation or inquiry held under this Vict. c. Part of this Act (d), and in particular with respect to the 42 & 43 appointment and 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 place in which formal 76, s. 6. investigations are to be held. (2.) Any rule made under this section while in force shall have effect as if it were enacted in this Act. (3.) Any rule made under this section with regard to the re-hearing of, or appeals from, any investigation or inquiries, as to the appointment of assessors, and as to the place in which formal investigations are to be held, shall be laid before both Houses of Parliament as soon as may be after it is made. Naval Courts on the High Seas and Abroad (e). 72, ss. 2 (3), 4. 45 & 46 Vict. c. which naval 480. A court (in this Act called a naval court) may be Cases in summoned by any officer in command of any of Her Wavel Majesty's ships on any foreign station, or, in the absence courts inay of such an officer, by any consular officer (ƒ), in the following cases; (that is to say,) (i.) Whenever a complaint which appears to that officer to require immediate investigation is made to him by the master (g) of any British ship (h), or by a certificated mate (i), or by any one or more of the seamen (g) belonging to any such ship; (ii.) Whenever the interest of the owner (j) of any British ship (h) or of the cargo thereof appears to that officer to require it; and be summoned. 1854, s. 260. |