Wreck Investigation Instructions and Gazette Advertisements




157


Duties in Case of Wreck.

  1. Any person desiring to apply to the Court, or to two Justices to hear any case in reference to the wreck of any vessel, shall make such application in writing, stating therein the particulars of the case in respect of which such investigation is required.

  2. The Customs Officer, or other person authorised, shall, before the commencement of the investigation, furnish a copy of such application to each of the master, mate, and engineer of the wrecked vessel.

  3. The Customs Officer, or other authorised person, shall superintend the management of the case at the investigation (§ 9).

  4. Should the Court be of opinion that any person connected with the wreck should be prosecuted criminally, the Customs Officer, or other authorised person, should lay an information and prosecute in the usual way.

Duties of Magistrates.

  1. Having taken evidence, the Magistrate or Justices shall in all cases prepare a report to the Governor, containing a full statement (1) of the case, and (2) of their opinion thereon, such report (3) to be signed by the Magistrate or Justices, and (4) by the Nautical Assessor, if there be one, and he concurs (5), and to be forwarded to the Governor through the Postmaster-General (6), together with the whole or such extracts from the evidence as the Court shall think necessary (§ 9 and 10). Should the Nautical Assessor not concur in the report, he should forward his dissent and reasons therefor to the Governor (§ 10).

  2. The Court has power, provisional on the Governor's confirmation, to cancel or suspend the certificate of any master, mate, or engineer, and in any case in which it may be considered proper so to cancel or suspend a certificate the Court should—

    1. Take care that a Nautical Assessor sits with the Court.

    2. Call on such master, mate, or engineer, to deliver up his certificate which under § 24 of "The Merchant Shipping Act Amendment Act, 1862," he is bound to do.

    3. State in open Court their decision, provisional on Governor’s confirmation, in respect to cancelling or suspending the certificate. ("Merchant Shipping Act, 1862," § 23, par. 3).

    4. State, in their report to the Governor, the fact of a copy of the statement of the case upon which the investigation was ordered having been furnished to the owner of the certificate before the commencement of the investigation. ("Merchant Shipping Act, 1862," § 23, par. 6).

    5. See that the Assessor concurs in the report, and signs it as so concurring. (Ibid).

    6. Transmit the report with the whole evidence taken, and the cancelled or suspended certificate to the Governor through the Postmaster-General, for confirmation and transmission to the Board of Trade. (Ibid, par. 3).


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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1867, No 484





✨ LLM interpretation of page content

⚖️ Instructions for Wreck Investigations (continued from previous page)

⚖️ Justice & Law Enforcement
10 May 1867
Wreck investigation, Customs Officers, Magistrates, Nautical Assessor

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