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MERCHANT SHIPPING ACT 1894 - SECT 483

Constitution of naval courts.

483.(1) Every naval court may, after hearing and investigating the case,
exercise the following powers; (that is to say),

(a)The court may, if unanimous that the safety of the ship or crew or the
interest of the owner absolutely requires it, remove the master, and appoint
another person to act in his stead; but no such appointment shall be made
without the consent of the consignee of the ship if at the place where the
case is heard:

(b)The court may, in cases in which they are authorised by this Act and
subject to the provisions of this Act, cancel or suspend the certificate of
any master, mate, or engineer:

(c)The court may discharge a seaman from his ship:

(d)The court may order the wages of a seaman so discharged or any part of
those wages to be forfeited, and may direct the same either to be retained by
way of compensation to the owner, or to be paid into the Exchequer, in the
same manner as fines under this Act:

(e)The court may decide any questions as to wages or fines or forfeitures
arising between any of the parties to the proceedings:

(f)The court may direct that all or any of the costs incurred by the master or
owner of any ship in procuring the imprisonment of any seaman or apprentice in
a foreign port, or in his maintenance whilst so imprisoned, shall be paid out
of and deducted from the wages of that seaman or apprentice, whether then or
subsequently earned:

(g)The court may exercise the same powers with regard to persons charged
before them with the commission of offences at sea or abroad as British
consular officers can under the Thirteenth Part of this Act:

(h)The court may punish any master of a ship or any of the crew of a ship
respecting whose conduct a complaint is brought before them for any offence
against this Act, which, when committed by the said master or member of the
crew, is punishable on summary conviction, and shall for that purpose have the
same powers as a court of summary jurisdiction would have if the case were
tried in the United Kingdom: Provided that

Para.(i) rep. by 1950 c.9 (14 Geo.6) s.3(8)

(ii)copies of all sentences passed by any naval court summoned to hear any
such complaint as aforesaid, shall be sent to the commander-in-chief or senior
naval officer of the station:

(j)The court may, if it appears expedient, order a survey of any ship which is
the subject of investigation to be made, and such survey shall accordingly be
made, in the same way, and the surveyor who makes the same shall have the same
powers as if such survey had been directed by a competent court in pursuance
of the Fifth Part of this Act, in the course of proceedings against a seaman
or apprentice for the offence of desertion:

(k)The court may order the costs of the proceedings before them, or any part
of those costs, to be paid by any of the parties thereto, and may order any
person making a frivolous or vexatious complaint to pay compensation for any
loss or delay caused thereby; and any costs or compensation so ordered to be
paid shall be paid by that person accordingly, and may be recovered in the
same manner in which the wages of seamen are recoverable, or may, if the case
admits, be deducted from the wages due to that person.

(2) All orders duly made by a naval court under the powers hereby given to it,
shall in any subsequent legal proceedings be conclusive as to the rights of
the parties.

(3) All orders made by any naval court shall, whenever practicable, be entered
in the official log-book of the ship to which the parties to the proceedings
before the court belong, and signed by the president of the court.][

© 1894 Crown Copyright

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