Pt. VI.

483.

which, when committed by the said master or member of the crew, is punishable on summary conviction, and shall for that purpose have the same powers as a court of summary jurisdiction would have if the case were tried in the United Kingdom (c): Provided that

(i.) where an offender is sentenced to imprisonment, the senior naval or consular officer present at the place where the court is held shall in writing confirm the sentence and approve the place of imprisonment, whether on land or on board ship, as a proper place for the purpose (d); and,

(ii.) copies of all sentences passed by any naval court summoned to hear any such complaint as aforesaid, shall be sent to the commander-in-chief or senior naval officer of the station:

(j.) the court may, if it appears expedient, order a survey of any ship which is the subject of investigation to be made, and such survey shall accordingly be made, in the same way, and the surveyor who makes the same shall have the same powers as if such survey had been directed by a competent court in pursuance of the Fifth Part of this Act (e), in the course of proceedings against a seaman or apprentice for the offence of desertion:

(k.) the court may order the costs of the proceedings before them, or any part of those costs, to be paid by any of the parties thereto, and may order any person making a frivolous or vexatious complaint to pay compensation for any loss or delay caused thereby; and any costs or compensation so ordered to be paid shall be paid by that person accordingly, and may be recovered in the same manner in which the wages of seamen recoverable (ƒ), or may, if the case admits, be deducted from the wages due to that person.

are

(2.) All orders duly made by a naval court under the powers hereby given to it, shall in any subsequent legal proceedings be conclusive as to the rights of the parties (g).

(3.) All orders made by any naval court shall, whenever practicable, be entered in the official log book of the ship to which the parties to the proceedings before the court belong, and signed by the president of the court (h).

(a) See s. 470, sub-s. (1) (a) and (c), as to power of court as to certificates. (b) See s. 689, conveyance of offenders.

(c) See ss. 680 et seq., as to prosecution of offences.

(d) By M. S. A. 1906, s. 67, the court has power to send a prisoner either to the United Kingdom or to any British possession to which that section has been applied, and for that purpose has the powers given to consular officers by 8. 689.

(e) See s. 463, survey of unseaworthy ships.

(f) See ss. 164 et seq., as to mode of recovering wages.

(9) On questions of wages, fines, or forfeitures there is an appeal to the High Court. Sub-s. (2) is to have no effect where the order of the naval court is quashed; but when it is varied it shall apply as if the order, as so varied, were the order of the naval court. See M. S. A. 1906, s. 68. This provision was in consequence of the defeat of a claim for wages: Hutton v. Ras S. S. Co. (1906), 22 T. L. R. 103; affirmed [1907] 1 K. B. 834, where a naval court had discharged and forfeited the wages of seamen who had lawfully refused to continue a voyage with a cargo of contraband.

(h) As to official log books and entries therein, see ss. 239 et seq.

484.-(1.) Every naval court shall make a report to the Board of Trade containing the following particulars (that is to say):

(a.) a statement of the proceedings of the court, together
with the order made by the court, and a report of the
evidence;
(b.) an account of the wages of any seaman or apprentice who
is discharged from his ship by the court;

(c.) if summoned to inquire into a case of wreck or abandon-
ment, a statement of the opinion of the court as to the
cause of that wreck or abandonment, with such remarks
on the conduct of the master and crew as the circum-
stances require.

(2.) Every such report shall be signed by the president of the court, and shall be admissible in evidence in manner provided by this Act (a).

(a) See ss. 695 et seq., admissibility of documents in evidence.

in

Pt. VI. 484-486.

Report of pro-
ceedings of

naval courts.
[1854, s. 265.]

obstructing

485. If any person wilfully and without due cause prevents Penalty for or obstructs the making of any complaint to an officer empowered preventing to summon a naval court, or the conduct of any hearing or complaint or vestigation by any naval court, he shall for each offence be investigation. liable to a fine not exceeding fifty pounds, or be liable to im- [1854, s. 266.] prisonment, with or without hard labour, for any period not exceeding twelve weeks.

courts.

486.-(1.) The provisions of this Part of this Act with regard Application to naval courts on the high seas and abroad shall apply to all of provisions sea-going ships registered in the United Kingdom (with the as to naval exception, in their application elsewhere than in Scotland, of [1854, 8. 109; fishing boats exclusively employed in fishing on the coasts of 1883, s. 49.] the United Kingdom (a)) and to all ships registered in a British possession, when those ships are out of the jurisdiction of their respective governments, and where they apply to a ship, shall apply to the owners, master, and crew of that ship.

(2.) For the purpose of the said provisions an unregistered British ship shall be deemed to have been registered in the United Kingdom (b).

(a) See notes (a), (b) to s. 464, as to meaning of "ship on the coasts."

(b) Cf. ss. 72, 266, for similar applications of Act to unregistered British ships.

Pt. VI. 487.

Constitution

of court of survey.

[39 & 40 Vict. c. 80, ss. 7, 41-43.]

Courts of Survey.

487.-(1.) A court of survey for a port or district shall consist of a judge sitting with two assessors.

(2.) The judge shall be such person as may be summoned for the case in accordance with the rules made under this Act (a) with respect to that court, out of a list approved for the port or district by a Secretary of State, of wreck commissioners appointed under this Act (b), stipendiary or metropolitan police magistrates, judges of county courts, and other fit persons; but in any special case in which the Board of Trade think it expedient to appoint a wreck commissioner, the judge shall be such wreck commissioner.

(3.) The assessors shall be persons of nautical, engineering, or other special skill and experience; subject to the provisions of the Fifth Part of this Act as regards foreign ships (c), one of them shall be appointed by the Board of Trade, either generally or in each case, and the other shall be summoned, in accordance with the rules made as aforesaid, by the registrar of the court, out of a list of persons periodically nominated for the purpose by the local marine board of the port, or, if there is no such board, by a body of local shipowners or merchants approved for the purpose by a Secretary of State, or, if there is no such list, shall be appointed by the judge: If a Secretary of State thinks fit at any time, on the recommendation of the government of any British possession or any foreign country, to add any persons to any such list, those persons shall, until otherwise directed by the Secretary of State, be added to the list, and if there is no such list shall form the list.

(4.) The county court registrar or such other fit person as a Secretary of State 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.

(5.) The name of the registrar and his office, together with the rules made as aforesaid, relating to the court of survey, shall be published in the manner directed by the rules.

(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.

66

(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 high bailiff,

the expression "registrar of a county court deemster or a clerk to justices of the peace.

(a) See s. 489, rules for procedure of court of survey. (b) See s. 477, power to appoint wreck commissioner.

Pt. VI.

means a clerk to a 488-489.

(c) See s. 462 (iii.), appointment of assessors on surveys on foreign ships.

488.-(1.) The court of survey shall hear every case (a) open court.

in

the

(2.) The judge and each assessor of the court may survey ship, and shall have for the purposes of this Act all the powers of a Board of Trade inspector under this Act (b). (3.) The judge of the court may appoint any competent person or persons to survey the ship and report thereon to the court. (4.) The judge of the court, any assessor of the court, and any person appointed by the judge of the court to survey a ship, 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, assessor, or person in the execution of the survey, or fails to comply with any requisition made by him, shall for each offence be liable to a fine not exceeding ten pounds.

(5.) The judge of the court shall have the same power as the Board of Trade have to order the ship to be released or finally detained, but, unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released (c).

(6.) The owner and master 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.

(7.) The judge of the court shall send to the Board of Trade such report as may be directed by the rules, and each assessor shall either sign the report or report to the Board of Trade the reasons for his dissent (d).

(a) As to appeal to court of survey from survey of passenger steamer, see s. 275; from refusal of certificate for clearance of emigrant ship, s. 318; from refusal of certificate as to lights and fog signals, s. 420; from order for detention of ship as unsafe, s. 459.

(b) See s. 729, powers of inspectors.

(c) As to such powers of the Board of Trade, see ss. 459, 462. As to the enforcement of detention, see s. 692.

(d) See Appendix, p. 735, Rule 30. See also (as to the appeals mentioned in note (a), supra) s. 318, sub-s. (2); s. 420, sub-s. (5).

Power and procedure of court of

survey.

[39 & 40 Vict.

c. 80, ss. 8, 12.]

489. The Lord Chancellor may (with the consent of the Rules for Treasury so far as relates to fees) make general rules to carry procedure into effect the provisions of this Act with respect to a court of of court of survey, and in particular with respect to the summoning of, and [39 & 40 Vict. procedure before, the court, the requiring on an appeal security c. 80, s. 9.]

survey, &c.

Pt. VI.

490-491. 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.

Reference in difficult cases to scientific persons.

[39 & 40 Vict. c. 80, s. 15.]

Payments to officers of courts.

[39 & 40 Vict.

For the rules now (1st June, 1907) in force, viz., Rules of the Court of Survey, 1876, see post, Appendix, p. 731, and as to the saving thereof, see s. 745.

Scientific Referees.

490.-(1.) If the Board of Trade are of opinion that an appeal to a court of survey involves a question of construction or design or of scientific difficulty or important principle, they may refer the matter to such one or more out of a list of scientific referees from time to time approved by a Secretary of State, 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, and thereupon the appeal shall be determined by the referee or referees, instead of by the court of survey.

(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.

Payments to Officers of Courts.

491. There may be paid out of money provided by Parliament to any wreck commissioner, judge of a court of survey, assessor in any court of survey or investigation under this Part of this c. 80, s. 39.] Act, registrar of a court of survey, scientific referee, 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 may direct.