15. The appointment of any Court of Inquiry under this Law shall be published in the Jamaica Gazette, and shall take effect from the date of such publication.

16. Law 2 of 1869 is hereby repealed; but such repeal shall not affect the consequences of any act or omission that has already taken place, or any right, liability, or right of procedure, or any proceedings already commenced, in respect of such act or omission.

SCHEDULE.

Summons to Witness.

To A. B. (name of person summoned and his calling and residence if known) you are hereby summoned to appear before (here name the members of the Court) appointed by the Governor to inquire (state briefly the subject of Inquiry) at (place) upon the

18

at

day of

o'clock, and to give evidence respecting such Inquiry (if the person summoned is to produce any documents, add) and you are required to bring with you (specify the books, plans, and documents required). Therefore fail not at your peril.

This impression has been carefully compared by me with the Bill which has passed the Legislative Council, and found by me to be a true and correct printed copy of the said Bill.

An Act to make provision for Inquiry into the causes of Wrecks occurring on the coasts of these Islands.

L.S.

I assent,

(Signed) GEORGE BERKLEY, Governor.

WHEREAS wrecks from time to time take place on the coasts of these Islands, and at present no competent Tribunals exist by

GG

Publication of appointment of Court.

Law 2 of 1869 repealed.

Schedule

Form of sum

mons.

Magistrates to hold Inquiry into causes of wrecks, &c.

Penalty for

non-attendance of witnesses at such Inquiry.

which the causes of, and circumstances attending such wrecks may be inquired into and investigated; and it is very desirable that such Tribunals shall be established.

Be it therefore enacted by the Governor and General Legislative Council of the Colony of the Leeward Islands as follows:—

1. Whenever any ship is lost, abandoned, materially damaged, or stranded on or near the coasts of these Islands;

Whenever any ship causes loss or material damage to any other ship on or near such coasts;

Whenever, by reason of any casualty happening to or on board of any ship on or near such coasts, loss of life ensues; the District Magistrate of the district at or near the place where such loss, damage, or casualty occurred, or at which the master or any part of the crew shall arrive, or any person duly authorized by the Governor on that behalf, shall without delay make inquiry respecting such loss, abandonment, damage, stranding, or other casualty. And he shall, for that purpose, have the following powers, that is to say :

I. He may go on board such ship and inspect the same.
II. He may, by summons under his hand, require the attendance
of all such persons as he thinks fit to call before him and
examine for such purpose, and may require answers to any
inquiries he thinks fit to make.

III. He may require and enforce the production of all books,
papers, or documents, which he considers important for
such purpose.

IV. He may administer oaths, or in lien thereof require every person examined by him to make and subscribe a declaration of the truth of the statements made by such person in his examination.

2. Every person who refuses to attend as a witness when summoned, or who refuses or neglects to make any answer, or give any return, or to produce any document in his possession, or to make or subscribe any declaration required of him under the authority of this Act, shall for each offence incur a penalty not exceeding fifty pounds, or in default of payment thereof imprisonment without hard labour for any term not exceeding six months. And upon the conMagistrate to clusion of the case the said District Magistrate shall send in his report. report thereof to the Governor.

Governor may order Formal Investigation.

3. Should it appear to the Governor on reading such report that a more Formal Investigation is requisite or expedient, he shall notify his opinion to such District Magistrate who shall thereupon associate with himself a second District Magistrate, if any, and the Registrar of Shipping, if any, and in the absence of either of them, with such person or persons as the Governor may appoint, and shall, together with them or him, as the case may be, form a Court for the purpose of re-hearing the case. And the Court so

formed shall proceed to rehear the same and fully inquire into all the circumstances thereof with the view to a further report thereupon; and shall, for that purpose, so far as relates to the examining of persons, compelling the attendance of witnesses, and the conduct and regulation of the proceedings, have and exercise the same powers as if the same were a proceeding relating to an offence or cause of complaint upon which a District Magistrate has power to decide summarily, or as near thereto as circumstances permit. And upon the conclusion of the case, the said Court shall send in a report to the Governor containing a full statement of the case, and of their opinion thereon, accompanying such report with the evidence taken and such observations as they may think fit.

4. In cases where nautical skill and knowledge are required, the Governor shall have the power, either at the request of such Court, or at his own discretion, to appoint some person of nautical skill and knowledge to act as Assessor to such Court; and such Assessor shall, upon the conclusion of the case, either signify his concurrence in their report by signing the same, or, if he dissents therefrom, shall signify such dissent, and his reasons therefor, to the Governor. 5. The said Court may make such order with respect to the costs of any such Investigation, or any portion thereof, as they may deem just; and such costs shall be paid accordingly, and shall be recoverable in the same manner as other costs in summary proceedings before a District Magistrate.

Assessors.

Costs of Investigation.

Remuneration of Assessor,

clerk hire.

6. It shall be lawful for the Governor in Council, in his discretion, to allow to the Assessor reasonable remuneration for the and payment of services performed by him, not exceeding in each case five pounds, and there shall be paid to the District Magistrate or other person holding an Investigation under this Act such sum as he shall show, to the satisfaction of the Governor, to be a reasonable charge for the clerical duties performed by any clerk employed by him in taking down the evidence and making a fair copy thereof, and of the report, and for actual travelling expenses incurred by him; and there shall further be paid to each witness attending any Investigation as aforesaid who may be brought from any island, other than that in which the Investigation is held, or who may be about to depart without the jurisdiction of these Islands, such an allowance as the Governor in Council may deem fair and reasonable, not exceeding, however, the allowance usually made to witnesses summoned to the Supreme Court in civil cases.

7. This Act may be cited as "The Wrecks Inquiry Act, 1876."

(Signed) OLIVER NUGENT, President.

Passed the General Legislative Council this 19th February, 1876.

(Signed) EDWARD BAYNES, Clerk.

Dated at Antigua the twenty-fifth day of April, 1876, in the

Short title.

thirty-ninth year of Her Majesty's reign.

Preamble.

Definitions of some terms.

Duties of Superintendent of the Ports.

Translation.

MALTA.

ORDINANCE No. 1 OF 1874.

An Ordinance enacted by the Governor of Malta, with the advice and consent of the Council of Government thereof, to make certain provisions for the prevention of accidents at sea, and for the better protection of maritime trade.

WHEREAS it is expedient to make certain provisions for the prevention of accidents at sea, and for the better protection of maritime trade, it is hereby enacted and ordained by His Excellency the Governor, with the advice and consent of the Council of Government, as follows:

66

General provisions.

Article 3. In this Ordinance, the words "Superintendent of the Ports," includes any other officer instructed by him to carry out any provision of this same Ordinance; the word "master," any other person who has even temporarily the command of a ship; the word seaman," any member of the crew, or apprentice, after and during his engagement; the word "passenger," any person embarked, with or without the consent of the master, and not engaged as seaman or apprentice; the word "ship" any vessel destined to navigate out of the limits of these islands, even though this be not her ordinary destination: and the words "on board," mean on board a ship as well as in a boat belonging to the same ship.

CHAPTER I.

Of the Survey of Ships before their Departure.

15. Any person authorized, by a warrant or license issued by the Head of the Government of these Islands in virtue of Ordinance No. II. of 1873, to act as master, or as engineer, on board ships, refusing without just cause, to serve as surveyor, may be suspended by the Court aforesaid from the exercise of his profession, for any period not exceeding six months.

CHAPTER IV.

Of Wrecks and other Accidents.

89. In case of any ship being stranded, wrecked, or abandoned on the coasts of these Islands, or at sea within the limits of the territorial jurisdiction of these Islands, or in case of any ship having, within those limits, caused serious damage to another, the Superintendent of the Ports shall make a report thereof to the Court of Judicial Police, which shall make an Inquiry respecting the nature and the cause of the accident, and draw up a procèsverbal, annexing thereto the depositions of the witnesses examined.

The Court may appoint surveyors whenever it deems it necessary, and in such case it shall also annex their report to the procès-verbal.

The provision of Article 15 shall also apply to this case.

*

91. The Court may, whether before (") or after the conclusion of the said Inquiry, order any master, mate, or engineer of the said ship, holding a Certificate of Competency or of Service granted to him by any authority in Her Majesty's dominions out of these Islands, or a warrant or license granted by the Head of the Government of these Islands in virtue of the Ordinance referred to in Article 82, to deliver such document to the Court, whenever there is reason to believe that his conduct, in regard to the accident, may be impugned.

92. The certificate, warrant, or license delivered to the Court, shall, on the conclusion of the Inquiry, be restored to the person who held it, whenever it shall not appear, to the satisfaction of the Court, that there is any cause for which such certificate, warrant, or licence might be suspended or cancelled by the competent authority. In any other case, it shall be forwarded by the Court to the head of the Government, with a report.

93. If the master, mate, or engineer, does not immediately carry out the order for the delivery of his certificate, warrant, or license, alleging that he lost it, or that he otherwise ceased to have it in his possession, the Court may order the police to make a search for it, and, if found, to seize and deposit it in Court.

If it shall appear that the master wilfully disobeyed the order aforesaid, the Court may, in the course of the same proceedings, sentence him to imprisonment for a period not exceeding three months, or to pay a multa (fine).

94. The procès-verbal prescribed in Article 89, may be given in evidence in any proceedings. It shall remain in the Court; which, however, shall direct that a copy be given to the Superintendent of the Ports.

Copies of the procès-verbal shall also be given to whomsoever shall apply for them, on payment of a fee at the rate of fourpence for each page of not less than one hundred words.

99. The provisions of this chapter do not derogate other laws relating to the sea-protest to be made by the master, or to any measure which the master or persons interested are bound, or have a right, to take, in cases of accident.

*

Passed the Council of Government at Sitting No. 80, June 3, 1874.

(Signed) F. VELLA,

Clerk to the Council.

(*) But see Shipping Casualties Investigations Act, 1879, sec. 3.

Delivery of master's certificate or warrant.

Effects of the proces-verbal of inquiry.

Other laws maintained.