Section 285: Complaint of unseaworthiness, etc by crew

(1)
Where, in any proceeding against a seaman or cadet for the offence of desertion or absence without leave or for otherwise being absent from his ship without leave, it is alleged by one fourth or if their number exceeds twenty, by not less than five, of the seamen belonging to the ship that the ship is, by reason of unseaworthiness, overloading, improper loading, undermanning, defective equipment, insufficiency of ballast or insufficiency of fuel for the intended voyage when proceeding at ordinary full speed, or for any other reason, not in a fit condition to proceed to sea or that the accommodation in the ship is insufficient, the court having cognizance of the case shall take such means as it thinks fit to ascertain the truth or otherwise of the allegation.
(2)
The court shaII receive the evidence of the persons making the aIIegation, and may summon any other witnesses whose evidence it may think it desirable to hear, and shall, if satisfied that the allegation is groundless, adjudicate in the case, but, if not so satisfied, shall before adjudication cause the ship to be surveyed.
(3)
A seaman or cadet charged with desertion or with quitting his ship without leave, shall not have any right to apply for a survey under this section unless he has, before quitting his ship, complained to the master of the circumstances so alleged in justification.
(4)
For the purposes of this section, the court shall require a surveyor to survey the ship. If a surveyor or as the case may be a radio surveyor cannot be obtained without reasonable expense or delay then any other impartial person or persons appointed by the court and having no interest in the ship, her freight or cargo, to inspect the ship, and, in either case, to answer any questions concerning the ship which the court thinks fit to put.
(5)
Every such person shall survey or, as the case may be, inspect the ship and make his written report to the court, including an answer to every question put to him by the court; and the court shall cause the report to be communicated to the parties, and, unless the opinions expressed in the report are proved to the satisfaction of the court to be erroneous, shall determine the questions before it in accordance with those opinions.
(6)
Any person making a survey or inspection under this section shall, for the purposes of the survey or inspection, have all the powers of an inspector under this Act.