198

THE NEW ZEALAND GAZETTE.

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.

The Assessors shall be persons of nautical engineer-
ing or other special skill and experience; 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 under
this Act 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 State, to add
any person or persons to any such list, such person
or persons shall, until otherwise directed by the
Secretary of State, be added to such list, and if there
is no such list shall form such list.

The County Court Registrar, or such other fit per-
son 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
in the prescribed manner to meet forthwith.

The name of the Registrar and his office, together
with the rules made under this Act relating to the
Court of Survey, shall be published in the prescribed
manner.

8. With respect to the Court of Survey the follow-
   ing provisions shall have effect :-

(1.) The case shall be heard in open Court.
(2.) The Judge and each Assessor may survey
the ship, and shall have, for the purposes of
this Act, all the powers of an Inspector ap-
pointed by the Board of Trade under "The
Merchant Shipping Act, 1854."
(3.) The Judge may appoint any competent per-
son or persons to survey the ship and report
thereon to the Court.
(4.) The Judge 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 re-
leased.
(5.) 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.
(6.) The Judge shall send to the Board of Trade
the prescribed report, and each Assessor shall
either sign the report or report to the Board
of Trade the reasons for his dissent.

9. The Lord Chancellor of Great Britain may from
   time to time (with the consent of the Treasury so
   far as relates to fees) make, and when made revoke,
   alter, and add to general rules to carry into effect
   the provisions of this Act with respect to a Court of
   Survey, and in particular with respect to the sum-
   moning of and procedure before the Court, the re-
   quiring on an appeal security for costs and damages,
   the amount and application of fees, and the publi-
   cation of the rules.

All such rules while in force shall have effect as if
enacted in this Act; and the expression "prescribed,"
in the provisions of this Act relating to the deten-
tion of ships or Court of Survey, means prescribed
by such rules.

10. If it appears that there was not reasonable
    and probable cause, by reason of the condition of the
    ship or the act or default of the owner, for the pro-

visional detention of the ship, the Board of Trade
shall be liable to pay to the owner of the ship his
costs of and incidental to the detention and survey
of the ship, and also compensation for any loss or
damage sustained by him by reason of the detention
or survey.

If a ship is finally detained under this Act, or if it
appears that a ship provisionally detained was, at the
time of such detention, unsafe within the meaning of
this Act, the owner of the ship shall be liable to pay
to the Board of Trade their costs of and incidental to
the detention and survey of the ship; and those costs
shall, without prejudice to any other remedy, be
recoverable as salvage is recoverable.

For the purposes of this Act, the costs of and
incidental to any proceeding before a Court of
Survey, and a reasonable amount in respect of the
remuneration of the Surveyor or officer of the
Board of Trade, shall be deemed to be part of the
costs of the detention and survey of the ship; and
any dispute as to the amount of costs under this Act
may be referred to one of the Masters or Registrars
of the Supreme Court of Judicature, who, on request
made to him for that purpose by the Board of Trade,
shall ascertain and certify the proper amount of such
costs.

An action for any costs or compensation payable
by the Board of Trade under this section may be
brought against the Secretary thereof by his official
title as if he were a corporation sole; and if the
cause of action arises in Ireland, it shall be lawful
for any of the superior Courts of common law in
Ireland in which such action may be commenced to
order that the summons or writ may be served on
the Crown and Treasury Solicitor for Ireland, in such
manner and on such terms as to extension of time
and otherwise as to the Court shall seem fit, and that
such service shall be deemed good and sufficient ser-
vice of such summons or writ upon the Secretary of
the Board of Trade.

11. Where a complaint is made to the Board of
    Trade or a detaining officer that a British ship is
    unsafe, the Board or officer may, if they or he think
    fit, require the complainant to give security to the
    satisfaction of the Board for the costs and compen-
    sation which he may become liable to pay as herein-
    after mentioned.

Provided that where the complaint is made by one-
fourth, being not less than three, of the seamen be-
longing to the ship, and is not in the opinion of the
Board or officer frivolous or vexatious, such security
shall not be required; and the Board or officer shall,
if the complaint is made in sufficient time before the
sailing of the ship, take proper steps for ascertaining
whether the ship ought to be detained under this
Act.

Where a ship is detained in consequence of any
complaint, and the circumstances are such that the
Board of Trade are liable under this Act to pay to
the owner of the ship any costs or compensation, the
complainant shall be liable to pay to the Board of
Trade all such costs and compensation as the Board
incur or are liable to pay in respect of the detention
and survey of the ship.

12. (1.) A detaining officer shall have for the pur-
    pose of his duties under this Act the same
    powers as an Inspector appointed by the
    Board of Trade under "The Merchant Ship-
    ping Act, 1854."
    (2.) An order for the detention of a ship, pro-
    visional or final, and an order varying the
    same, shall be served as soon as may be on the
    master of the ship.
    (3.) When a ship has been detained under this
    Act she shall not be released by reason of her
    British register being subsequently closed.