and enquiry into a shipping casualty with the assistance of one or more assessors of nautical, engineering, or other special skill or knowledge, to be appointed for the purpose by the Governor in Council.

5. Where the enquiry into a shipping casualty involves or appears likely to involve any question as to the cancelling or suspension of a certificate of a master, mate or engineer, the Court shall hold the said investigation or enquiry with the assistance of not less than two assessors having experience in the merchant service.

6. The said Marine Court of Enquiry shall have power to cancel or suspend the certificate of a master, mate or engineer if the Court finds:

(1) That the loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default: Provided that the Court shall not cancel or suspend a certificate under this sub-section uniess one at least of the assessors concurs in the finding of the Court;

(2) That he is incompetent or that he has been guilty of any gross act of misconduct, drunkenness or tyranny;

(3) That, in case of collision, he has failed to render to the other vessel, her master, crew and passengers, if any, such assistance as may be practicable and may be necessary to save them from any danger that may have been caused by the collision, and to stay by the other vessel until he has ascertained that she has not need of further assistance;

(4) That, in case of collision, he has .failed to give the master or other person in charge of the other vessel the name of his own vessel and of the port to which she belongs, and also the names of the ports from which she comes and to which she is bound.

7. A certificate shall not be cancelled or suspended by a Marine Court of Enquiry unless a copy of the report or a statement of the facts on which the said Marine Court of Enquiry was appointed, has been furnished by the said Court before the commencement of the investigation to the holder of the certificate.

8. Where any case before a Marine Court of Enquiry involves a

question as to the cancelling or suspension of a certificate, the Court shall, at the conclusion of the case or as soon as possible, state in open Court the decision to which it has come with respect to the cancelling or suspending thereof.

9. A Marine Court of Enquiry shall in all cases send a full report of the case with the evidence to the Governor for transmission to the Board of Trade, and also if it determines to cancel or suspend any certificate, send the certificate cancelled or suspended to the Governor for transmission to the Board of Trade with the said report.

10. Every investigation and enquiry into a shipping casualty, or into the conduct of the holder of a certificate, shall be so conducted as to give any person against whom a charge is made an opportunity of making his defence either in person or otherwise.

11. No enquiry or investigation shall be held in respect of any matter which has been the subject of an investigation or enquiry, and upon which a report has been made, by a competent court or tribunal in any part of His 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.

12. Where an investigation and enquiry has been commenced in the United Kingdom into any matter, no enquiry or investigation into the said matter shall be held under this Chapter.

13. The Board of Trade may order the rehearing of any enquiry or investigation in like manner as they order the rehearing of a similar enquiry or investigation in the United Kingdom.

14. A master, mate or engineer, whose certificate is cancelled or suspended by a Marine Court of Enquiry under this Chapter, shall deliver his certificate to the said Court on demand, under a penalty in case of refusal of two hundred dollars.

15. The said Court shall, so far as relates to the summoning of parties, compelling the attendance of witnesses, the regulation of its proceedings, the enforcing of penalties and obedience to the judgments or order of the Court, have the same powers as Justices of the Peace would have if the proceedings related to an offence or cause of complaint upon which they had power to make a summary conviction or order, or as near

16. The Governor in Council may as and when he thinks fit, appoint any person to report to him upon the nature and causes of any accident or damage which any ship has sustained or caused, or is alleged to have sustained or caused.

17. An inspector appointed under the next preceding section,—

(1) May go on board any ship and inspect the same, or any part thereof, or any of the machinery, boats, equipments or other articles on board thereof, for the purpose of the report in the next preceding section mentioned, not necessarily detaining the said ship from proceeding on any voyage; and

(2) May, by summons under his hand, require the attendance before him of all such persons as he thinks fit for examination for the purpose of his report; and

(3) May require and enforce the production of all books, papers or documents which he considers important for the purposes of

his report; and

(4) May administer oaths, or may, in lieu of requiring or administering an oath, require any person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination.

18. Any person who refuses to attend upon the summons of an inspector appointed under this Chapter as a witness before the said inspector, or refuses to make any answer or to produce any book, paper or document, or to make and subscribe any declarations which the inspector is empowered to require by this Chapter, shall for each offence, be liable to a fine not exceeding fifty dollars.

19. If any person wilfully impedes an inspector appointed under this Chapter, whether on board a ship or elsewhere, such person shall be liable to a fine not exceeding fifty dollars for each offence, and may be seized and detained by the said inspector, or by any person whom the said inspector may call to his assistance, until he can be conveniently taken before a Justice of the Peace.

1. The Governor in Council may appoint, for every port or place in the Colony and its Dependencies at which it may be deemed expedient to authorize the registry of ships, the principal officer of customs at such port or place to be a registrar for all the purposes contemplated by the statutes of the Parliament of Great Britain and Ireland relating to Merchant Shipping.

2. The Governor in Council may appoint at any port place in the Colony and its Dependencies an officer to superintend the survey and measurement of ships in conformity with the said statutes; and such officer shall be entitled to recover from the owner fees for the measurement of every vessel about to be registered for the first time, or requiring measurement for the purpose of registry, as follows:

One dollar and eighty cents for vessels under fifty tons, and measured in three sections.

Three dollars for vessels under fifty tons, and measured in five sections.

Three dollars for vessels from fifty to one hundred tons.

Six dollars for vessels over one hundred tons;

and reasonable travelling expenses, not exceeding twenty-five cents per mile necessarily travelled.

3. Any assistant collector, sub-collector, or preventive officer, shall have the same power to endorse on the certificate of registry of any ship, at any port where such ship may be, any change of master taking place at that port, as is given to the registrars of shipping under this Chapter, and the Act of the said Parliament known as the "Merchant Shipping Act,

CHAPTER 172.

Of the Survey of Foreign-going and Labrador Vessels.

SECTION

1.-Appointment of surveyor.

SECTION

2.-Vessels to be surveyed annually.

1. The Inspector of Shipping appointed under Chapter 176 of these Consolidated Statutes shall be the surveyor under this Chapter.

2. All steam or sailing vessels engaged in the foreign trade of this Colony, or vessels prosecuting the deep-sea and Labrador fisheries, registered in this Colony or elsewhere, from any port in this Colony, shall be annually surveyed for the purpose of showing that such vessels are in an efficient condition in every particular to proceed on any foreign voyage or in the prosecution of such fishery or fisheries. Before any such vessels shall proceed on any foreign voyage or to the prosecution of such fishery or fisheries, notice by the owner or master of said vessels shall be given to the surveyor or his deputy that said vessels are cleaned and in every way ready for survey. The surveyor or his deputy may make any recommendations for the purpose of placing such vessels in such condition as he may consider seaworthy. Such recommendations shall be duly carried out by the owner or master under a penalty of five hundred dollars, to be recovered in a summary manner before a Stipendiary Magistrate or Justice of the Peace: Provided also, that no certificate of class shall be granted to any vessel the owner or master of which shall have refused or neglected to make the repairs or carry out the recommendations suggested by the surveyor or his deputy. A sum of five cents per registered ton shall be charged for the survey provided under this section.