Merchant Shipping Act 1894

487 Constitution of court of survey. U.K.

(1) A court of survey for a port or district shall consist of a judge sitting with two assessors.

(2) The judge shall be such person as may be summoned for the case in accordance with the rules made under this Act with respect to that court, out of a list approved for the port or district by a Secretary of State, of wreck commissioners appointed under this Act, stipendiary or metropolitan police magistrates, judges of county courts, and other fit persons; but in any special case in which the Board of Trade think it expedient to appoint a wreck commissioner, the judge shall be such wreck commissioner.

(3) The assessors shall be persons of nautical, engineering, or other special skill and experience; subject to the provisions of the Fifth Part of this Act as regards foreign ships, one of them shall be appointed by the Board of Trade, either generally or in each case, and the other shall be summoned, in accordance with the rules made as aforesaid, by the registrar of the court, out of a list of persons periodically nominated for the purpose . . . F1 by a body of local shipowners or merchants approved for the purpose by a Secretary of State, or, if there is no such list, shall be appointed by the judge: If a Secretary of State thinks fit at any time, on the recommendation of the government of any British possession or any foreign country, to add any persons to any such list, those persons shall, until otherwise directed by the Secretary of State, be added to the list, and if there is no such list shall form the list.

(4) The county court registrar or such other fit persons as a Secretary of State may from time to time appoint shall be the registrar of the court, and shall, on receiving notice of an appeal or a reference from the Board of Trade, immediately summon the court to meet forthwith in manner directed by the rules.

(5) The name of the registrar and his office, together with the rules made as aforesaid, relating to the court of survey, shall be published in the manner directed by the rules.

(6) In the application of this section to Scotland the expression “judge of a county court” means a sheriff, and the expression “county court registrar” means sheriff clerk.

(7) In the application of this section to Ireland the expression “stipendiary magistrate” includes . . . F2 any resident magistrate.

(8) In the application of this section to the Isle of Man, the expression “judge of a county court” means the water bailiff, the expression “stipendiary magistrate” means the high bailiff, the expression “registrar of a county court” means a clerk to a deemster or a clerk to justices of the peace.

Textual Amendments

F1 Words repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

F2 Words omitted under authority of Statute Law Revision Act 1927 (c. 42), s. 3

Modifications etc. (not altering text)

C1 Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2