ID 1899.]

MERCHANT SHIPPING.

[No. 10.

469

Table H.

the owner, agent, master, or charterer may appeal, in the manner prescribed by the general rules in Table H in the Schedule to this Ordinance, to a Court of Survey, constituted under this Ordinance, and, by the Governor, such Court may make such order with respect to the costs of any such investigation as it thinks fit. And such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in summary proceedings before any Stipendiary Magistrate.

No appeal

(13.) On such appeal, the Court of Survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the report and the provisions of the enactments have been complied with, may give the certificates required.

(14) Subject to any order made by the Court of Survey, the costs of and incidental to an appeal under this section shall follow the event.

(15.) Where the survey of a ship is made for the purpose of a declaration under sub-section (8.) of this section, the person appointed to make the survey shall, if so required by the owner, agent, or charterer, be accompanied on the survey by some competent person appointed by the owner, agent, or charterer, to be approved by the Governor, and in such case, if the said two persons agree, there shall be no appeal to the Court of Survey in pursuance of this section.

(16.) It shall be lawful for the owner, agent, master, or charterer of any ship preferring an appeal under this section or under section 17 (5.) (d.) or (e.), in and by the notice of appeal required by the general rules in the said Table H, to give notice that he objects to the Marine Magistrate being a member of the Court of Survey, stating the grounds of his objection, and thereupon the Harbour Master shall forthwith forward such notice to the Governor, who may, in his discretion, direct that the Marine Magistrate shall not be a member of the Court of Survey.

(17.) The owner, agent, or master of every ship requiring a certificate under this section shall pay for every certificate granted by the Governor the fees mentioned in Table C in the Schedule to this Ordinance.

(18.) No certificate shall be held to be in force for the purposes of this section beyond a period of twelve months from the date of its issue or any shorter time specified in the certificate; and no certificate shall be in force after notice is given by the Governor to the owner, agent, or master of the ship to which the same relates that he has cancelled or revoked the same: Provided that if any ship is absent from the Colony at the time when her certificate expires, no penalty shall be incurred under this section until she commences a voyage after her next subsequent return to the Colony. The Governor may require any certificate which has expired or has been revoked or cancelled to be delivered up.

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