Trade, either generally or in each case, and the other shall be summoned, in accordance with the rules made as aforesaid (q), by the registrar of the court (r), out of a list of persons periodically nominated for the purpose by the local marine board (s) of the port (t), or, if there is no such board, by a body of local shipowners or merchants approved for the purpose by a Secretary of State (u), or, if there is no such list, shall be appointed by the judge (x): If(y) a Secretary of State (u) thinks fit at any time, on the recommendation of the government of any British possession (z) or any foreign country, to add any persons to any such list, those persons shall, until otherwise directed by the Secretary of State (u), be added to the list, and if there is no such list shall form the list. (4.) The county court registrar (r) or such other fit person as a Secretary of State (u) may from time to time appoint shall be the registrar of the court, and shall, on receiving notice of an appeal or a reference from the Board of Trade, immediately summon the court to meet forthwith in manner directed by the rules (q). (5.) The name of the registrar and his office, together with the rules made as aforesaid (q), relating to the court of survey (a), shall be published in the manner directed by the rules (q). (6.) In the application of this section to Scotland the expression "judge of a county court" means a sheriff, and the expression "county court registrar" means sheriff clerk. (7.) In the application of this section to Ireland the expression "stipendiary magistrate" includes any of the justices of the peace in Dublin metropolis and any resident magistrate. (8.) In the application of this section to the Isle of Man the expression "judge of a county court" means the water bailiff, the expression "stipendiary magistrate" means the (u) Int. Act, 1889, § 12, s. 3. (x) Sub-s. 2. (q) § 489; see Appendix. (r) Cf. sub-s. 4: in Scotland and Isle of Man, see sub-ss. 6, 8. (8) § 244. (t) Defined, § 742. (y) Printed thus in the Act. Power and high bailiff, the expression "registrar of a county court" means a clerk to a deemster or a clerk to justices of the peace. 488.-(1.) The court of survey (b) shall hear every case procedure in open court. of court of survey. 39 & 40 (2.) The judge (c) and each assessor (d) of the court Vict. c. 8, may survey the ship, and shall have for the purposes of this Act all the powers of a Board of Trade inspector under this Act (k). ss. 8, 12 (5). (3.) The judge (c) of the court may appoint any competent person or persons to survey the ship and report thereon to the court. (4.) The judge (c) of the court, any assessor (d) of the court, and any person appointed by the judge of the court to survey a ship (ƒ), may go on board the ship and inspect the same and every part 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 judge (c), assessor (d), or person (f) in the execution of the survey, or fails (g) to comply with any requisition made by him, shall for each offence be liable to a fine not exceeding ten pounds (h). (5.) The judge (c) of the court shall have the same power as the Board of Trade have to order the ship to be released or finally detained (i), but, unless one of the assessors (d) concurs in an order for the detention of the ship, the ship shall be released. (6.) The owner (k) and master (1) of the ship and any person appointed by the owner or master, and also any person appointed by the Board of Trade, may attend at any inspection or survey made in pursuance of this section (m). (7.) The judge (c) of the court shall send to the Board of (b) § 487, s. 1. (c) § 487, s. 2. (d) § 487, s. 3. (e) §§ 728-730. (f) Sub-s. 3. (g) Includes refusal; § 742. (h) Procedure, §§ 680-684; fine how applicable, §§ 699, 716. (i) § 459. (k) Note to § 58. (1) Defined, § 742. Trade such report as may be directed by the rules (n), and each assessor (o) shall either sign the report or report to the Board of Trade the reasons for his dissent. 39 & 40 489. The Lord Chancellor may (with the consent of the Rules for procedure Treasury (p) so far as relates to fees) make general rules of court of to carry into effect the provisions of this Act with respect survey, &c. to a court of survey (q), and in particular with respect to Vict. c. 80, the summoning of, and procedure before, the court, the s. 9. requiring on an appeal security for costs and damages, the amount and application of fees, and the publication of the rules, and those rules shall have effect as if enacted in this Act (q). Scientific Referees. in difficult persons. 8. 15. 490. (1.) If the Board of Trade are of opinion that an Reference appeal to a court of survey involves a question of con- cases to struction or design or of scientific difficulty or important scientific principle, they may refer the matter to such one or more 39 40 out of a list of scientific referees from time to time approved Vict. c. 80, by a Secretary of State (r), as may appear to possess the special qualifications necessary for the particular case, and may be selected by agreement between the Board of Trade and the appellant, or in default of any such agreement by a Secretary of State (r), and thereupon the appeal shall be determined by the referee or referees, instead of by the court of survey (s). (2.) The Board of Trade, if the appellant in any appeal so requires and gives security to the satisfaction of the Board to pay the costs of and incidental to the reference, shall refer that appeal to a referee or referees so selected as aforesaid. (3.) The referee or referees shall have the same powers as a judge of the court of survey (8). Payments of courts. 39 & 40 8. 39. Payments to Officers of Courts. 491. There may be paid out of money provided by to officers Parliament to any wreck commissioner (t), judge of a court of survey (u), assessor in any court of survey or investigaVict. c. 80, tion under this Part of this Act (u), registrar of a court of survey (u), scientific referee (x), or any other officer or person appointed for the purpose of any court of survey or investigation under this Part of this Act, such salary or remuneration (if any) as the Treasury (y) may direct. (t) § 477. (x) § 490. 492. 493. 494. ARRANGEMENT OF SECTIONS. DELIVERY OF GOODS. Delivery of Goods and Lien for Freight. Definitions under Part VII. (p. 382). Power of shipowner to enter and land goods on default by owner of goods (p. 383). Lien for freight on landing goods (p. 385). 495. Discharge of lien (p. 385). 496. 497. Provisions as to deposits by owners of goods (p. 386). Sale of goods by warehousemen (p. 387). 498. Application of proceeds of sale (p. 387). 499. 500. Warehouseman's rent and expenses (p. 388). 501. Saving for powers under local Acts (p. 388). |