950
No. 10 of 1899.
MERCHANT SHIPPING.
[s. 17 contd.] state, or that the going to sea in such an unseaworthy state was, in the circumstances, reasonable and justifiable.
Master knowingly taking unseaworthy British ship to sea.
(2) Every master of a British ship who knowingly takes the same to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered shall be guilty of a misdemeanor, unless he proves that the going to sea in such an unseaworthy state was, in the circumstances, reasonable and justifiable.
Consent of Governor to prosecution.
Misdemeanor not punishable on summary conviction.
Power to detain unsafe ship, and procedure for such detention.
(3) A prosecution under sub-sections (1) or (2) shall not be instituted except with the consent of the Governor.
(4) A misdemeanor under sub-sections (1) or (2) shall not be punishable on summary conviction.
(5) Where a British ship being in any port of the Colony is an unsafe ship, that is to say, is, by reason of the defective condition of the hull, equipment, or machinery or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which the ship is intended, any such ship (hereinafter described as unsafe) may be provisionally detained, and afterwards either finally detained or released as follows:-
(a) the Governor, if he has reason to believe, on complaint or otherwise, that a British ship is unsafe, may provisionally order the detention of such ship;
(b) when a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written statement of the grounds of detention, and the Governor may, if he thinks fit, appoint some competent person to survey the ship and report to him.
(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 the ship 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 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,