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Pt. VI. (4.) Any rehearing or appeal under this section shall he 476. 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 (d).
(<j) Right of appeal.—The words "and shall" in sub-sect. (1) impose on the Board of Trade a duty, when new and important evidence which could not be produced at the investigation is discovered, to grant a rehearing, and they may be compelled by mandamus to grant it. The Ida (1886), 55 L. J. P. 15; 11 P. D. 37.
(4) This jurisdiction is assigned to the Probate, Divorce, and Admiralty Division by Rule 1 of the Rules of the Supreme Court (Merchant Shipping), 1894, for which see Appendix, post, p. 763.
(e) The M. S. A. 1906, s. 66, provides that where an application for a rehearing has not been made or been refused, the owner of the ship or any other person, who, having an interest in the investigation or inquiry, has appeared at the hearing and is affected by the decision of the Court, may appeal from that decision in the same manner and subject to the same conditions in and subject to which a master may appeal against a decision with respect to the cancelling or suspension of his certificate. But the appeal is not in the nature of a rehearing. The Carlisle, 75 L. J. P. 97 ;  P. at 308. Previous to the Act of 1906 an owner had no right of appeal, even where he had been condemned in costs, and thus, in effect, found guilty of a misdemeanour and subjected to a fine. The Golden Sea (1882), 51 L. J. P. D. & A. 64; 7 P. D. 194.
(d) Rules and practice.—See Rules 19, 20, and 21 of the Shipping Casualties Rules, 1895, post, Appendix, p. 725 et seq.
Costs.—See Rules 20 and 21 of the Shipping Casualties Rules, 1895, post, Appendix, pp. 725, 727. Before these rules the court laid down the rule (which, it seems, still applies) that an unsuccessful appellant would usually be condemned in costs, and that in the case of a successful appeal against a suspension of a certificate at the instance of the Board of Trade, the Board would be ordered to pay the appellant's costs unless he had been guilty of such misconduct as rendered an inquiry reasonable. The Arizona (1880), 49 L. J. P. D. & A. 54; 5 P. D. 123. And in The Carlisle,  P. 301 (see at p. 308), the Board were ordered to pay the costs of a successful appellant against a suspension, because they had failed to advise the Court below whether in their opinion on the evidence the certificate should be dealt with.
See also, for decisions as to costs, the cases following and The Golden Sea, supra (s. 470).
Evidence.—The court hearing the appeal will consider the evidence, and, if it is insufficient to justify the suspension of the certificate, will reverse the decision. The Arizona, supra (s. 470).
The court has power to receive fresh evidence on appeal or rehearing: see Rule 20 (h) of the Rules of 1895, infra, p. 726. Where it is desired to adduce fresh evidence on appeal, application for leave to do so should be made before the hearing of the appeal. The Famenoth (1882), 7 P. D. 207; 48 L. T. 28.
The court will not permit witnesses to be called on questions of nautical knowledge or skill—it is the duty of the nautical assessors to advise the court on such matters. The Kestrel (1881), 6 P. D. 182; 45 L. T. 111.
It would seem that there can be an appeal from the Divisional Court if leave to appeal is obtained. See Judicature Act, 1894, s. 1, sub-a. (6).
Supplemental Provisions as to Investigations and Inquiries.
476.—(1.) Where a stipendiary magistrate is in any place a Investigations member of the local marine board, a formal investigation at that "eioT?stl" place into a shipping casualty shall, whenever he happens to bo magistrate. present, be held before that stipendiary magistrate (a). [1854, s. 435.]
(2.) There shall be paid out of the Mercantile Marine Fund to the stipendiary magistrate, if he is not remunerated out of
Pt. VI. 477—478. money provided by Parliament under this Act, such remuneration by way of an annual increase of salary, or otherwise, as a Secretary of State, with the consent of the Board of Trade, may direct.
(a) Cf. s. 466, sub-ss. (1), (2), as to persons to hold formal investigations.
Power to 477. The Lord Chancellor may appoint some fit person or
appoint wreck persons to be a wreck commissioner or wreck commissioners for
sionera." the United Kingdom, so that there shall not bo more than three
[39 & 40 Vict. of those commissioners at any one time, and may remove any
<j. so, s. 29.] such wreck commissioner; and in case it becomes necessary to
appoint a wreck commissioner in Ireland the Lord Chancellor
of Ireland shall have the power to appoint and remove that
Authority for 478.—(1.) The legislature of any British possession may tomako "rt authorise any court or tribunal to make inquiries as to shipinquiries into wrecks, or other casualties affecting ships, or as to charges of "hipping incompetency, or misconduct on the part of masters, mates, and^onduct or engmeers of ships, in the following eases, namely :— of officers. (a ) where a shipwreck or casualty occurs to a British ship on
[4'1 * 46 Y^ct- or near the coasts of the British possession or to a
e'j' British ship in the course of a voyage to a port within
the British possession: (b.) where a shipwreck or casualty occurs in any part of the world to a British ship registered in the British possession: (c.) where some of the crew of a British ship which has been wrecked or to which a casualty has occurred, and who are competent witnesses to the facts, are found in the British possession: (d.) where the incompetency or misconduct has occurred on board a British ship on or near the coasts of the British possession, or on board a British ship in the course of a voyage to a port within the British possession: (e.) where the incompetency or misconduct has occurred on board a British ship registered in the British possession: (f.) when the master, mate, or engineer of a British ship who is charged with incompetency or misconduct on board that British ship is found in the British possession:
(2.) A court or tribunal so authorised 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 Pt. VI.
inquiry and has been reported on by a competent court or 479. tribunal in any part of Her 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.
(4.) Where an investigation or inquiry has been commenced in the United Kingdom with reference to any matter, an inquiry with reference to the same matter shall not be held, under this section, in a British possession.
(5.) The court or tribunal holding an inquiry under this section shall have the same power 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 (a).
(6.) The Board of Trade may order the rehearing of any inquiry under this section in like manner as they may order the rehearing of a similar investigation or inquiry in the United Kingdom (J), 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 or tribunal holding the inquiry to the High Court in England (c) : provided that an appeal shall not lie —
(a.) from any order or finding on an inquiry into a casualty affecting a ship registered in a British possession, or
(b.) from a decision affecting the certificate of a master, mate, or engineer, if that certificate has not been granted either in the United Kingdom or in a British possession, under the authority of this Act.
(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 (d).
(a) See s. 470, as to certificates of officers.
(A) See s. 475, as to rehearing of inquiries, and as to the rights of the shipowner and other interested parties to appeal, see M. S. A. 1906, s. 66.
(c) The jurisdiction is assigned to the Probate, Divorce, and Admiralty Division by Rule 1 of the Rules of the Supremo Court (Merchant Shipping), 1894: Bee Appendix, p. 703.
(d) See s. 479.
479.—(1.) The Lord Chancellor may (with the consent of Rules as to the Treasury so far as relates to fees) make general rules for mitigations carrying into effect the enactments relating to formal investiga- , 39 & iQ y69' tions, and to the rehearing of, or an appeal from, any investi- c. 80, s. 30; gation or inquiry held under this Part of this Act, and in 42 & 43 Viot. particular with respect to the appointment and summoning of S*.7^6!;'^3'' assessors, the procedure, the parties, the persons allowed to Vict. o. 76, appear, the notice of those parties or persons or to persons "• ••] affected, the amount and application of fees, and the place in which formal investigations are to be held.
Pt. VI. 480—481. (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 rehearing of, or appeals from, any investigations or inquiries, as to the appointment of assessors, and as to the place in which formal investigations are to he held, shall he laid hefore hoth Houses of Parliament as soon as may he after it is made.
For the rules now in force, The Shipping Casualties Rules, 1895, see Appendix, post, p. 723.
For cases under these rules, see notes to ss. 470, 475.
Naval Courts on the High Seas and Abroad.
Cases in which 480. A court (in this Act called a naval court) may he na\al courts gummoned by any officer in command of any of Her Majesty's summoned. ships on any foreign station, or, in the absence of such an [1854,8.260.] officer, by any consular officer, 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 of any British ship, or by a certificated mate, or by any one or more of the seamen belonging to any such ship; (ii.) Whenever the interest of the owner of any British ship or of the cargo thereof appears to that officer to require it; and (iii.) Whenever any British ship is wrecked, abandoned, or otherwise lost at or near the place where that officer may be, or whenever the crew or part of the crew of any British ship which has been wrecked, abandoned, or lost abroad arrive at that place.
Constitution 481.—(1.) A naval court shall consist of not more than five of naval aiul not less than three members, of whom, if possible, one shall
ri" .. be an officer in the naval service of Her Majesty not below the L ° '8* "J rank of lieutenant, one a consular officer, and one a master of a British merchant ship, and the rest shall be either officers in the naval service of Her Majesty, masters of British merchant ships, or British merchants, and the court may include the officer summoning the same, but shall not include the master or consignee of the ship to which the parties complaining or complained against belong.
(2.) The naval or consular officer in the court, if there is only one such officer, or, if there is more than one, the naval or consular officer who, according to any regulations for settling their respective ranks for the time being in force, is of the highest rank, shall be the president of the court.
482.—(1.) A naval court shall hear the complaint or other 482—483. matter Drought before them under this Act, or investigate Functions of the cause of the wreck, abandonment, or loss, and shall do so in naval courts. such manner as to give every person against whom any [1854, s. 262.] complaint or charge is made an opportunity of making a defence (a).
(2.) A naval court may, for the purpose of the hearing and investigation, administer an oath, summon parties and witnesses, and compel their attendance and the production of documents.
(«) Cf. 8. 471, Bub-s. (3) (c), and note (d) thereto, as to publicity of inquiry.
483.—(1.) Every naval court may, after hearing and investi- Powers of gating the case, exercise the following powers; (that is to say), °aJ? cour"",
(a.) the court may, if unanimous that the safety of the ship ?g3i2,Q4-i-1 or crew or the interest of the owner absolutely requires 0. 91 s. 18; it, remove the master, and appoint another person to 34 & 35 Vict. act in his stead; but no such appointment shall bo c-110>8-8-] made without the consent of the consignee of the ship if at the place where the case is heard:
(b.) the court may, in cases in which they are authorised by this Act (a) and subject to the provisions of this Act, cancel or suspend the certificate of any master, mate, or engineer:
(c.) the court may discharge a seaman from his ship:
(d.) the court may order the wages of a seaman so discharged or any part of those wages to be forfeited, and may direct the same either to bo retained by way of compensation to the owner, or to be paid into the Exchequer, in the same manner as fines under this Act:
(e.) the court may decide any questions as to wages or fines or forfeitures arising between any of the parties to the proceedings:
(f.) the court may direct that all or any of the costs incurred by the master or owner of any ship in procuring the imprisonment of any seaman or apprentice in a foreign port, or in his maintenance whilst so imprisoned, shall be paid out of and deducted from the wages of that seaman or apprentice, whether then or subsequently earned:
(g.) the court may exercise the same powers with regard to persons charged before them with the commission of offences at sea or abroad as British consular officers can under the Thirteenth Part of this Act (i):
(h.) the court may punish any master of a ship or any of the crew of a ship respecting whose conduct a complaint is brought before them for any offence against this Act,