Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsCourts of Marine Enquiry Regulations, 196110. Summoning of witnesses |
| (1) | The summoning by the Court, in the exercise of its powers under paragraph (iii) of subsection (1) of section nine of the Act, of any person to appear before it to be interrogated or to produce any book, document or thing shall be by subpoena in the form set forth in Annex B. |
| (2) | Any such subpoena may be sued out by the Director-General or any other party desiring the attendance of the witness and shall be signed by the clerk. |
[Regulation 10(2) substituted by regulation 9 of Notice No. R. 777 dated 5 August 2005]
| (3) | The subpoena may be served on the person to be summoned by the Messenger of the Magistrate's Court within whose area of jurisdiction the Court of Marine Enquiry is held or by any other person, and the service shall be effected at a reasonable time before attendance is required. |
| (4) | There shall be delivered to the person who is to effect service together with the subpoena so many copies thereof as there are witnesses to be summoned and also such sum or sums of money as the person suing out the subpoena intends that the person who is to effect service shall pay or offer to the said witnesses respectively for their conduct money. |
| (5) | The service of any such subpoena may be proved by the affidavit of the person who has effected the service or by his testimony upon oath before the Court, or, if the service was effected by the Messenger, by a return of service under his hand. |
| (6) | The Messenger shall be entitled to be paid for the service of any subpoena the fees and charges that would be payable to him if the subpoena were a subpoena issued out of a Magistrate's Court. |