Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsCourts of Survey Regulations, 196113. Evidence |
| (1) | Before the hearing of the appeal the Secretary shall transmit to the clerk, to be produced as evidence at the hearing, a certified copy of the surveyor's report in connection with which the appeal has arisen. |
| (2) | After the Court has been opened, each of the parties shall be entitled to address the Court for the purpose of opening the evidence which he intends to adduce, and produce and examine witnesses or, with the approval of the presiding officer, recall any of the witnesses who have already been examined for further examination and generally adduce evidence. The witnesses may he cross-examined by the other parties in such order as the presiding officer may direct, and may then be re-examined by the party who has produced them. The parties shall be heard and their witnesses examined, cross-examined and re-examined in such order as the presiding officer may direct. |
| (3) | Any party who has produced witnesses may at any stage of the investigation, with the approval of the presiding officer, produce and examine further witnesses, who may be cross-examined by the other parties in such order as the presiding officer may direct, and re-examined by the party who has produced them. |
| (4) | The law as to the admissibility of evidence and as to the competency, examination, cross-examination and re-examination of witnesses in courts of law shall not he binding upon a Court of Survey. but the presiding officer may, in his discretion, disallow any question which any other member of the Court or any party proposed to put to any witness, on the ground that such question is irrelevant or that for any other cause it would be improper that the question be put, and may, in bis discretion and on similar grounds, rule that the production of any book, document or thing required by any other member of the Court or any party shall not be allowed. |
| (5) | Affidavits and statutory declarations may, by permission of the presiding officer, he used as evidence. |