Section 245

Whenever in any proceeding against any seaman or apprentice belonging to any ship for the offence of desertion, or absence without leave, or for otherwise being absent from his ship without leave, it is alleged by one-quarter, or if their number exceeds 20 by not less than 5, of the seamen belonging to the ship, that the ship is by reason of unseaworthiness, overloading, improper loading, defective equipment, or for any other reason not in a fit condition to proceed to sea, or that the accommodation in the ship is insufficient, the court having cognizance of the case shall take such means as are in its power to satisfy itself concerning the truth or untruth of the allegation, and shall for that purpose receive the evidence of the persons making the allegation, and may summon any other witnesses whose evidence it thinks it desirable to hear, and shall, if satisfied that the allegation is groundless, adjudicate in the case, but if not so satisfied shall before adjudication cause the ship to be surveyed.

A seaman or apprentice charged with desertion, or with quitting his ship without leave, shall not have any right to apply for a survey under this section unless he has before quitting his ship complained to the master of the circumstances so alleged in justification.

For the purposes of this section the court shall require any surveyor of ships, or, if such a surveyor cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the court, competent to deal with the special circumstances of the case, then any other impartial surveyor appointed by the court and having no interest in the ship, her freight or cargo, to survey the ship, and to answer any question concerning her which the court thinks fit to put.

Such surveyor or other person shall survey the ship, and make his written report to the court, including an answer to every question put to him by the court, and the court shall cause the report to be communicated to the parties, and unless the opinions expressed in the report are proved to the satisfaction of the court to be erroneous, shall determine the question before it in accordance with those opinions.

Any person making a survey under this section shall for the purposes thereof have all the powers of an inspector under this Act.

The costs, if any, of the survey shall be determined by the Minister according to the prescribed scale of fees.

If it is proved that the ship is in a fit condition to proceed to sea, or that the accommodation is sufficient, as the case may be, the costs of the survey shall be paid by the person upon whose demand or in consequence of whose allegation the survey was made, and may be deducted by the master or owner out of the wages due or to become due to that person, and shall be paid into the Consolidated Fund.

If it is proved that the ship is not in a fit condition to proceed to sea, or that the accommodation is insufficient as the case may be, the master or owner of the ship shall pay the costs of the survey to the Accountant-General, and shall be liable to pay to the seaman or apprentice, who has been detained in consequence of the said proceeding before the court under this section, such compensation for his detention as the court awards.[266