256. Power and procedure of court of survey
Feedback & supportThe court of survey shall hear every case in open court.
court
“court”, in relation to any proceeding, includes any court having jurisdiction in the matter to which the proceeding relates;
The judge and each assessor of the court may survey the ship, and shall have for the purposes of this Act all the powers of an inspector under this Act.
ship
“ship” includes every description of vessel used in navigation not propelled by oars;
The judge of the court may appoint any competent person or persons to survey the ship and report thereon to the court.
The judge of the court, any assessor of the court, and any person appointed by the judge of the court to survey a ship, may go on board the ship and inspect the ship and every part thereof, and the machinery, equipment and cargo, and may require the unloading and removal of any cargo, ballast or tackle.
Any person who wilfully impedes such judge, assessor or person, in the execution of the survey, or fails to comply with any requisition made by him, shall be guilty of an offence and shall be liable on conviction for each offence to a fine not exceeding $100.
The judge of the court shall have the same power as the Minister has 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 released.
The owner and the master of the ship and any person appointed by the owner or master, and also any person appointed by the Minister, may attend at any inspection or survey made in pursuance of this section.
owner
“owner”, used in relation to goods, means every person who is for the time being entitled, either as owner or agent for the owner, to the possession of the goods, subject in the case of a lien, if any, to that lien;
The judge of the court shall send to the Minister such report as is directed by the rules, and each assessor shall either sign the report or report to the Minister the reasons for his dissent.[279