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.