Section 133
Courts of Survey
(1)
His Majesty whenever occasion may arise may appoint a court of survey to consist of not less than 3 not more than 5 members, of whom one shall be a judge or magistrate and who shall preside over the court, and the remainder shall be masters of the mercantile marine or pet-sons of nautical engineering or other special skill or know-ledge, and in such case the following provisions shall have effect-
(a)
the case shall be heard in open court;
(b)
each member of the court may survey the ship, and shall have for such purpose all the pow-ers of an inspector under this Act;
(c)
the court, or in case of disagreement a majority of the members of the court, may order the ship to be surveyed and may appoint any com-petent person to survey the ship and report there-on to the court and such person shall have all the powers of an inspector under this Act;
-
Merchant Shipping
(d)
the court may order the ship to be released or finally detained, but unless a majority of the members concur in an order for its detention the ship shall be released; and
(e)
the owner or agent and the master of the ship and any person appointed by the owner, agent or master, may attend at any inspection or survey made in pursuance of this section.
(2)
In addition to the functions as~il!ned to c~rts of
,. t.
· ..., f\'11 H t< ~., rc.. r (H . .s survey under this Act, the Minister,/~ith the approva of His
Majesty may, by regulations, empower a court of survey to entertain such proceedings and to determine such n1atters as may be specified therein and he may, by regulations, pre-scribe and provide for carrying into effect the provisions of this Act with respect to a court of survey and appeals there-to, and in particular with respect to the summoning of and procedure before the court, the requiring of security for costs and damages on an appeal and the amount and ap-plication of fees.
(3)
The court may make sucq order with respect to the costs of any proceedings before it as it may think fit, and such order shall be enforced in the same way as an order for costs in a Court of a Magistrate.