D. 1899.]
MERCHANT SHIPPING.
[No. 10.
479
(c) the Governor, on receiving the report, may either order the ship to be released or, if in his opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations or the unloading or reloading of cargo as the Governor thinks necessary for the protection of human life, and he may from time to time vary or add to any such order;
(d) before the order for final detention is made, a copy of the report shall be served on the master of the ship, and, within seven days of such service, the owner, agent, or master of the ship may appeal in the prescribed manner to the Court of Survey constituted under section 20;
(e) where a ship has been provisionally detained, the owner, agent, or master of the ship, at any time before the person appointed under this section to survey the ship makes such survey, may require that he shall be accompanied by such person of nautical, engineering, or other special skill and experience, to be approved by the Governor, as the owner, agent, or master may select; and in such case if the surveyor and assessor agree, the Governor shall cause the ship to be detained or released accordingly, but if they differ, the Governor may act as if the requisition had not been made, and the owner, agent, and master shall have the like appeal touching the report of the surveyor as is before provided by this section;
(f) where a ship is provisionally detained, the Governor may at any time, if he thinks it expedient, refer the matter to the Court of Survey; and
(g) the Governor may at any time, if satisfied that a ship detained under this Ordinance is not unsafe, order her to be released, either upon or without any conditions.
(6.)
(a) If it appears that there was not reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner or agent, for the provisional detention of the ship, the Government of the Colony shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.
(b) If a ship is finally detained under this Ordinance or if it appears that a ship provisionally detained was, at the time of such detention, unsafe within the meaning of this Ordinance, the owner of the ship shall be liable to pay to the Government the costs of and incidental to the detention and survey of the ship, and such costs shall,
33
Liability of Government and of ship-owner for costs and damages.