Full text: Responsible government in the Dominions (Vol. 3)

CHAP. IT] ADMIRALTY JURISDICTION 1355 
been wrecked or to which a casualty has occurred, and who 
are competent witnesses to the facts, are found in the British 
possession : 
(d) Where the incompetency or misconduct has occurred 
on board a British ship on or near the coasts of the British 
possession, or on board a British ship in the course of a voyage 
bo a port within the British possession : 
(¢) Where the incompetency or misconduct has occurred 
on board a British ship registered in the British possession : 
(f) When the master, mate, or engineer of a British ship 
who is charged with incompetency or misconduct on board 
that British ship is found in the British possession. 
An inquiry is not to be held if an inquiry has been held 
by a competent Court in any part of the Dominion, or in 
respect of which the certificate of a master, mate, or engineer 
has been cancelled or suspended by a Naval Court. No 
Investigation is to be held when one has been commenced 
in the United Kingdom. The Colonial Court shall have.the 
same powers of cancelling and suspending certificates as 
2 Court in the United Kingdom; and the Board of Trade may 
order a rehearing ; but if such order is not made, or is refused, 
an appeal lies to the High Court in England as mentioned 
wbove. 
Under the Act of 1849 Colonial Courts were given power 
to deal with treason, piracy, felony, robbery, murder, or any 
other offence committed on the sea or in any place within 
Admiralty jurisdiction, if the accused is within the Colony, 
In the same way as if the offence were committed within 
the meridian limits of the several Colonies and the local 
Jurisdiction of the Courts! The penalty under a law of 
1874 is to be the local penalty for an offence committed in 
she Colony or a corresponding penalty to the English penalty.” 
This jurisdiction extends to vessels even if they are within 
"12 & 18 Vict. ¢. 96,5. 1. For offences committed at sea through which 
the person injured dies on land, see 5. 3. See also 28 Hen. VILL c. 15; 
11 Will. ITI. ¢. 7; 46 Geo. ITIL c. 54. The Act of 1849 saves the provisions 
f 9 Geo. IV. ¢. 83, respecting New South Wales and Tasmania. 
* 37 & 88 Viet. ¢. 27,8. 3. Passed on account of the gross miscarriage 
of justice Reg. v. Mount. 8 P. C. 983.
	        
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