636
No. 10 of 1899.
MERCHANT SHIPPING.
[s. 17 contd.] equipment and cargo, and may require the unloading or removal of any cargo, ballast or tackle.
[cf. 57 & 58 Vict. c. 60, s. 730.]
Application to foreign ships of provisions
(d) The provisions of the Merchant Shipping Acts with respect to persons who wilfully impede an inspector shall apply as if those provisions were herein enacted, with the substitution for the inspector of any member of the Court of Survey, assessor or surveyor who, under this section, has the same powers as an inspector or has authority to survey a ship.
Unsafe foreign ships.
18. When a foreign ship whilst in the waters of the Colony is unsafe by reason of the defective condition of the hull, equipment or machinery, or by reason of overloading or improper loading, the provisions of this Ordinance with respect to the [cf. 57 & 58 Vict. c. 60, s. 462.] detention of ships shall apply to that foreign ship as if such ship were a British ship, with the following modifications:
(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 hereinbefore 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 members of the Court of Survey, not exceeding two.