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Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey

271. Constitution of maritime courts

 

(1) A maritime court shall consist of the proper officer who convenes it and either two or four other members.

 

(2) The other members of the court shall be appointed by the proper officer who convenes it, and shall be persons of suitable nautical, engineering or other special skill, knowledge or experience, and, whenever possible, at least one member shall be in active sea-going service.

 

(3) If by death, resignation or any other cause the number of members of the court is reduced to not less than two, the remaining members shall constitute the court.

 

(4) If the court, as originally constituted, or as reduced for any reason referred to in subsection (3), consists of three members, two members shall form a quorum; and if it consists of more than three members, three members shall form a quorum.

 

(5) The proper officer who convened the court shall be the prescribing officer unless for any reason referred to in subsection (3) he ceases to be a member of the court, in which event the proper officer (or his successor) shall appoint one of the other members of the court to be the presiding officer.

 

 


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