Penalty on default.

Collisions. Enquiry as to negligence in rendering assistance.

Sec. 12.

Person failing to render assistance, prima facie responsible.

Failure, ground for

cancelling or

suspending certificate.

Management

of case. Sec. 13.

Decision on

case in open Court;

and as to certificate.

Report of case, opinion, and evidence.

of them failing to do so, when required, is liable to a penalty not exceeding £20.

§ 1841. With regard to cases of collision, special enquiry is to be made as to whether the person in charge of each ship has so far as he could do so, without danger to his own ship and crew and passengers, (if any,)—rendered such assistance to the other ship, her master, crew, and passengers, (if any,) as was practicable and necessary, in order to save them from any danger caused by the collision.

§ 1815. In case it is proved that the person in charge of either ship has failed to render such assistance, and no reasonable excuse is shown, the collision, in the absence of proof to the contrary, is to be deemed to have been caused by the wrongful act, neglect, or default of the person so failing to render assistance; and such failure, if proved upon any investigation under the Act, is to be deemed an act of misconduct or a default for which the certificate (if any) of the person so failing may be cancelled or suspended.

§ 1816. It is to be the duty of the Officer of Customs or other authorized person, to superintend the management of the case before the Justices, and to render them such assistance as is in his power.

§ 1817. On the conclusion of the case, or as soon after as is possible, the Justices or Magistrate are to state in open Court the decision they have come to on the whole case, and with respect to the cancellation or suspension of any certificate or certificates.

§ 1848. In all cases, the Justices or Resident Magistrate are to send a report to the Governor, containing a full statement of the case, and of their or his opinion thereon, accompanied by the evidence, and such observations, if any, as they or he may think fit; and also,-should they determine to cancel or suspend any certificate,-they are to forward the

same, if produced in Court, to the Governor, along with the Forwarding report.

certificate.

assessors.

§ 1849. In cases where nautical or engineering skill and Nautical and knowledge, or both, are required, the Governor, or such engineering Principal Officer of Customs, or person appointed by the Sec. 14. Governor, may,-either at the request of the Justices or Resident Magistrate, or without it,-appoint some person or persons of nautical skili and knowledge, or both, to act as assessor or assessors to such Justices or Magistrate; and the To signify conassessor or assessors, upon the conclusion of the case, are dissent, with either to signify their concurrence in the report of the Jus- reasons. tices or Magistrate, by signing the same, or, if they dissent, to signify their dissent, and the reasons therefor, to the Governor.

currence, or

Cancellation

§ 1850. When the Justices or Magistrate, after due Decision as to inquiry, decide that the loss or abandonment of, or serious certificate. damage done to any ship, or loss of life, has been caused by or suspension, the wrongful act or default of any certificated officer, it is for what time. their or his duty to decide whether the certificate of such officer is to be cancelled or suspended, and, if suspended, for what period.

But the decision is not to be valid unless the requirements of section 9 of the Act (ante, § 1834,) have been complied with.

Sec. 15.

of an assessor.

And no master's or mate's certificate is to be cancelled, Concurrence unless at least one nautical assessor concurs in the report of the Justices or Magistrate; and no engineer's certificate is to be cancelled or suspended without the concurrence of at least one engineering assessor to the report.

certificate or

one.

§ 1851. The Governor is empowered by the 16th section Governor may of the Act, at any time, if he thinks the justice of the case return N.Z. requires it, to re-issue or return any New Zealand certificate, issue a fresh which has been cancelled or suspended, or to shorten the time for which it is suspended; or to grant a new certificate of the same or a lower grade, in place of any certificate which has been cancelled or suspended.

Sec. 16.

Costs.

Recovery.

Expenses ordered to be paid by Treasury.

Proceedings transmitted to Board of Trade.

Act does not apply to

§ 1852. The Justices or Resident Magistrate, may mak such order respecting the costs of any such investigation, or any part thereof, as they or he deem just; and they are to be paid, and to be recoverable in the same manner as other costs incurred in summary proceedings before Justices.

The Governor may, in any case he thinks fit, cause the expense of the investigation to be paid by the Colonial Treasurer, and the assessors to be paid such remuneration as he thinks fit.

§ 1853. All proceedings taken in any investigation held under the Act, are to be transmitted through the Governor, as soon as possible after its conclusion, to the Lords of the Committee of the Privy Council for Trade in England.

§ 1854. The Act does not apply to ships belonging to Her Queen's ships. Majesty.

GENERAL INDEX.

N.B. The figures are to be understood as indicating the sections in the Text, except when the letter p.
or the letters pp. are introduced, which mean "page" or "pages,"