MERCHANT SHIPPING.
No. 10 of 1899.
671
under such conditions, to detain the ship until he is satisfied that [cf. 57 & 58 Vict. c. 60, s. 459 (3)] the provisions of the law have been fulfilled.
(7) Where under this Ordinance a ship is authorized or ordered to be detained, if the ship, after such detention or after service on the master of any notice of or order for such detention, proceeds or attempts to proceed to sea before having been released by competent authority, the master of the ship, and also the owner or agent, and any person who sends the ship if such owner, agent or person is party or privy to the offence, shall be liable to a fine not exceeding one thousand dollars.
Penalty for taking detained ship to sea. [cf. 57 & 58 Vict. c. 60, s. 692 (1).]
(8) Where a ship so proceeding to sea takes to sea, when on board thereof in the execution of his duty, any officer authorized to detain the ship or any surveyor or officer appointed by the Governor, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and shall also be liable to a fine not exceeding one thousand dollars, or, if the offence is not prosecuted summarily, not exceeding one hundred dollars for every day until the officer or surveyor returns or until such time as would enable him, after leaving the ship, to return to the port from which he was taken, and such expenses may be recovered in like manner as the penalty. [cf. 57 & 58 Vict. c. 60, s. 692 (2).]
[cf. 57 & 58 Vict. c. 60, s. 697.]
(9) Any exception, exemption, proviso, excuse or qualification in relation to any offence under the Merchant Shipping Acts or under this Ordinance, whether it does or does not accompany in the same section the description of the offence, [cf. 57 & 58 Vict. c. 60, s. 695] may be proved by the defendant, but need not be specified or negatived in any information or complaint, and if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.
(10) In any proceeding in court against any person for a breach of the provisions of this Ordinance, all entries in the official log and the articles of agreement shall be received in evidence, subject to all just exceptions.
Use of official log and articles of agreement as evidence. [cf. 57 & 58 Vict. c. 60, s. 239 (6).]