D 1899.]
MERCHANT SHIPPING.
[No. 10.
481
hon; has the same powers as an inspector or has authority to survey a
Overladen Foreign Ships.
Whilst in the waters of the Colony
of provisions
18. When a Foreign ship has taken on board all or any part of her
Application to
in the waters of the Colony, and is, whilst in such waters, unsafe
Foreign ships
by reason of overloading or improper loading, the provisions of this
as to deten-
Ordinance with respect to the detention of ships shall apply to that
tion.
Foreign ship as if she were a British ship, with the following modifi-
amended by Ord. 9 of 19098.9
cations:
(1) a copy of the order for the provisional detention of the ship
shall be forthwith served on the Consular Officer for the State to
which the ship belongs, and, if there is no such Consular Officer, on
the master of the ship;
(2) where a ship has been provisionally detained, the Consular
Officer, on the request of the owner, agent, or master of the ship,
and, if there is no such Consular Officer, the owner, agent, or master
of the ship, may require that the person, if any, appointed by the
Governor to survey the ship shall be accompanied by such person as
the Consular Officer, or the owner, agent, or master, may select; and
in such case if the surveyor and such person 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, or master shall have the like appeal to
the Court of Survey touching the report of the surveyor as is herein
before provided; and
(3) where the owner, agent, or master of the ship appeals to the
Court of Survey, the Consular Officer, on the request of such owner,
agent, or master, or, if there is no such Consular Officer, the owner,
agent, or master, may nominate any competent person or persons to
be a member or members of the Court of Survey, not exceeding two.
PART V.
MARINE COURTS AND COURTS OF SURVEY.
Marine Courts.
Governor may appoint
Marine Court.
19. (1) It shall be lawful for the Governor, from time to time and
whenever occasion may arise or require, by warrant under his hand
and The Seal of the Colony, to form a Court (which shall be called
"The M. S. Act, Marine Court") to make investigations as to
shipwrecks or other casualties affecting ships or to inquire into
charges of incompetency or misconduct on the part of masters, mates,
or engineers of ships.
33A
1894, s. 478.
Page 35
Page 36