Inquiry in case of loss fishing vessel's boat. for the purpose of formal investigations (g) into shipping casualties (h) shall be in force for three years only, but persons whose names are on any such list may be approved for any subsequent list. (2.) The Secretary of State (i) may at any time add or withdraw the name of any person to or from the list. (3.) The list of assessors in force at the passing of this Act shall, subject as aforesaid, continue in force till the end of the year one thousand eight hundred and ninetyfive. 468. When any loss of life arises by reason of any of life from casualty (h) happening to or on board any boat belonging to a fishing vessel (k), the Board of Trade may, if they think fit, cause an inquiry to be made or a formal investigation to be held as in the case of a shipping casualty (g), and the c. 4, s. 12. provisions of this Act relating thereto shall apply accordingly (1). 50 Vict. sess. 2, Power of Trade as Power as to Certificates (m) of Officers, &c. 469. The Board of Trade may suspend or cancel the certificate (m) of any master (n), mate, or engineer if it is shown that he has been convicted of any offence. 470.—(1.) The certificate (m) of a master (n), mate, or 8. 242 (4). 1862, s. 23. engineer may be cancelled or suspended— Power of court of investigation or inquiry as to certificites. 1854, 8. 242. 1862, ss. 11, 23. 1883, 8. 39. (a.) by a court holding a formal investigation (g) into a shipping casualty under this Part of this Act (o), or by a naval court constituted under this Act (p), if the court find that the loss or abandonment of, or serious damage to, any ship, or loss of life (q), has been caused (g) § 466, ss. 1, 2. (i) Int. Act, 1889, § 12, s. 3. (m) §§ 92, et seq. (0) The wrongful act or default the look-out had been negligently (7) There is no power in a court investigating a shipping casualty, to by his wrongful act or default (r), provided that, if the court holding a formal investigation (s) is a court of summary jurisdiction (t), that court shall not cancel or suspend a certificate (u) unless one at least of the assessors () concurs in the finding of the court: (b.) by a court holding an inquiry under this Part of this Act (y) into the conduct of a master (2), mate, or engineer if they find that he is incompetent, or has been guilty of any gross act of misconduct, drunkenness, or tyranny, or that in a case of collision he has failed to render such assistance or give such information as is required under the Fifth Part of this Act (a): (c.) by any naval (b) or other court (c) where under the powers given by this Part of this Act the holder of the certificate is superseded or removed by that court (c). (2.) Where any case before any such court as aforesaid involves a question as to the cancelling or suspending of a certificate (u), that court shall, at the conclusion of the case or as soon afterwards as possible, state in open court the decision to which they have come with respect to the cancelling or suspending thereof. (3.) The court (2) shall in all cases send a full report on the case with the evidence to the Board of Trade, and shall also, if they determine to cancel or suspend any certificate (u), send the certificate cancelled or suspended to the Board of Trade with their report (d). (4.) A certificate (u) shall not be cancelled or suspended by a court under this section, unless a copy of the report (e), suspend or cancel a certificate, unless they can make this finding. Thus in Ex parte Story (1878), 3 Q. B. D. 166, where a ship stranded and was got off without serious damage or loss of life, it was held that though there was jurisdiction to inquire under § 461, ss 2, 6, and § 465, there was no jurisdiction to suspend the certificate under this section. (r) See note (9), p. 362. (t) Int. Act, 1889, § 13, s. 12. (y) § 471. (z) Defined, § 742. (d) The officer must deliver his certificate to the court; § 473. (e) This refers to a report made by a court holding a formal investigation under § 466, s. 6, or to the report of the Local Marine Board mentioned in § 471, or to a statement made by a person asking for such investigation under § 166, s. 1, and conducting it under § 466, s. 5. duct of 1854, ss. or a statement of the case on which the investigation or inquiry has been ordered (f), has been furnished before the commencement of the investigation or inquiry to the holder of the certificate (g). Inquiry 471.-(1.) If the Board of Trade, either on the report into con of a local marine board (h) or otherwise, have reason to certifica- believe that any master (i), mate, or certificated engineer (g) ted officer. is from incompetency or misconduct unfit to discharge his 241, 242. duties, or that in a case of collision he has failed to render such assistance or give such information as is required under the Fifth Part of this Act (k), the Board may cause an inquiry to be held. 1862, ss. 11, 23. 1883, s. 39. (2.) The Board may either themselves appoint a person to hold the inquiry or direct the local marine board (1) at or nearest the place at which it is convenient for the parties or witnesses to attend to hold the same, or where there is no local marine board before which the parties and witnesses can conveniently attend, or the local marine board is unwilling to hold the inquiry, may direct the inquiry to be held before a court of summary jurisdiction (m). (3.) Where the inquiry is held by a local marine board (1), or by a person appointed by the Board of Trade, that board or person (n)— (a.) shall hold the inquiry, with the assistance of a local stipendiary magistrate, or, if there is no such magistrate available, of a competent legal assistant appointed by the Board of Trade; and (b.) shall have all the powers of a Board of Trade It does not refer to the reports (h) There appears no express (i) Defined, § 742. (1) § 244. (m) Int. Act, 1889, § 13, s. 12. (n) Evidence given on oath before such a tribunal may be the foundation of a prosecution for perjury. R. v. Tomlinson (1866), L. R. 1 C. C. R. 49. (0) §§ 728-730. The Board should issue summons for the attendance of any relevant witnesses whom the defendant wishes to call, but as they are summoned at the public cost, the Board may require to know what (c.) shall give any master (p), mate, or engineer against whom a charge is made an opportunity of making his defence either in person or otherwise, and may summon. him to appear; and (d.) may make such order with regard to the costs of the inquiry as they think just; and (e.) shall send a report upon the case to the Board of Trade. (4.) Where the inquiry is held by a court of summary jurisdiction (q), the inquiry shall be conducted and the results reported in the same manner, and the court shall have the like powers, as in the case of a formal investigation into a shipping casualty under this Part of this Act (r), provided that, if the Board of Trade so direct, it shall be the duty of the person who has brought the charge (s) against the master, mate, or engineer, to the notice of the Board of Trade to conduct the case (t), and that person shall in that case, for the purpose of this Act, be deemed to be the party having the conduct of the case (†). : 472.-(1.) Any of the following courts, namely:In England and Ireland the High Court (u), In Scotland the Court of Session, Elsewhere in Her Majesty's dominions any colonial court of Admiralty (p) or Vice-Admiralty court, may remove the master (p) of any ship (p) within the jurisdiction of that court (x), if that removal is shown to the satisfaction of the court by evidence on oath to be necessary (y). (2.) The removal may be made upon the application of any owner (2) of the ship or his agent, or of the consignee evidence they are to give, and may refuse to summon clearly irrelevant witnesses. R. v. Collingridge (1864), 34 L. J. Q. B. 9. (p) Defined, § 742. (q) Int. Act, 1889, § 13, s. 12. (r) § 466. (8) § 471, s. 1. (t) Cf. § 466, s. 5. (u) Int. Act, 1889 § 13, s 3. Adm. Div. see M. S. Rules, 1894, Appendix II. (x) Semble, that this would not be extended to foreign ships, though it (y) The causes justifying removal (z) Notes to § 53. Owner includes part owner; cf. The Royalist, v. 8. Removal of master by Admiralty Court. 1854, s. 240. Delivery of certificate cancelled or suspended. 1854, 8. 24. Vict. c. 72, Power of Board of of the ship, or of any certificated mate (a), or of one third or more of the crew (b) of the ship. (3.) The court (c) may appoint a new master (c) instead of the one removed; but, where the owner (d), agent, or consignee of the ship is within the jurisdiction of the court (c), such an appointment shall not be made without the consent of that owner (e), agent, or consignee. (4.) The court (c) may also make such order and require such security in respect of the costs of the matter as the court thinks fit. 473. (1.) A master (c), mate, or engineer whose certificate is cancelled or suspended by any court (ƒ) or by the Board of Trade (g) shall deliver his certificate (a.) if cancelled or suspended by a court (ƒ) to that court on demand; (b.) if not so demanded, or if it is cancelled or suspended by the Board of Trade (g), to that Board, or as that Board direct. (2.) If a master (c), mate, or engineer fail (h) to comply with this section, he shall, for each offence, be liable to a fine not exceeding fifty pounds (i). 474. The Board of Trade may, if they think that the justice of the case requires it, re-issue and return the restore certificate of a master (c), mate, or engineer which has been cer ificate. cancelled or suspended (k), whether in the United Kingdom 242. or in a British Possession (1), or shorten the time for which it is suspended, or grant in place thereof a certificate of the same or any lower grade (m). 1854, s. 1862, s. 23 (4). 45 & 46 Vict. c. 76, s. 3. Rehearing of Rehearing of Investigations and Inquiries. 475. (1.) The Board of Trade may, in any case where |