MERCHANT SHIPPING.
No. 10 of 1899.
951
within seven days of such service, the owner, agent, or master [s. 17 could.] of the ship may appeal in the prescribed manner to the Court of Survey constituted under section 20;
(cf. s. 20 (2))
(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 cf. s. 20 (2), 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 such ship to be released, either upon or without any conditions.
Government damages.
(6) (a) If it appears that there was not reasonable and probable cause, by reason of the condition of the ship and the act or default of the owner or agent, for the detention of the ship, the Government 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, 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, without prejudice to any other remedy, be recoverable in a summary way before a magistrate.
(c) For the purposes of this Ordinance, the costs of and incidental to any proceeding before a Court of Survey, and a reasonable amount in respect of the remuneration of the surveyor, shall be part of the costs of the detention and survey.