22

Definition.

Passenger ship to be

surveyed

once a year.

M. S. Act, 1894. a. 271 (1) (a).

Passenger ship not to clear witbout certificates of survey. fb. 8. 271 (1) (b) (2)-

No. 10 of 1899.

MERCHANT SHIPPING.

under this section may, by direction of the committing Stipendiary Magistrate, be sent on board his ship or may be placed at the dis- posal of the consular officer at whose request he dealt with the case, on the written application of such officer, either on or before the expiration of his term of imprisonment.

PART III.

PASSENGER SHIPS.

Surveys.

10. (1) In this Part" passenger ship" means every ship exceed- ing 60 tons register carrying passengers from, to, or between places in the waters of the Colony.

(2) Every passenger ship which carries more than 12 passengers shall be surveyed once at least in each year in the manner provided in this section, except-

(a) British ships which have from the United Kingdom or from any British possession passenger certificates or survey and other certificates equivalent to those required under this section, the same being in force and applicable, and which have been issued under the provisions of the Merchant Shipping Acts or any enactment in force in any British possession; and

(b) Foreign ships which have from their own country, or from the country from whose flag they have been transferred, or from any British possession passenger certificates or survey and other certi- ficates equivalent to those required in the case of British ships; Pro- vided that, in the event of any question arising as to the sufficiency of any foreign certificate to protect the ship holding the same from survey under this section, such question shall be referred for settlement to the Governor-in-Council, whose decision thereon shall be final.

(3) No passenger ship which carries more than 12 passengers sball clear out or proceed on any voyage from this Colony unless the master has the certificates as to survey required under this Part, the same being in force and applicable to the voyage on which the ship is about to proceed, or, in the case of a foreign ship, certificates equivalent to those required in the case of a British ship. Ang passenger ship attempting to go to sea may be detained until such certificates as aforesaid are produced to the Harbour Master.

* As amended by No. 2 of 1909. No. 9 of 1000, No. 30 of 1911,

No. 50 of 1911, No. 16 of 1912, No. 17 of 1912 and No. 4ạ c‡ 1912 Supp. Sched.

MERCHANT SHIPPING.

533

No. 10 of 1899.

23

surveyors.

to inspect

(4) The Governor may appoint such number of fit and proper per- [8. 10 sons to be Government surveyors for the purposes of this Ordinance contd.)

Appointment as he may think proper, and appoint their duties, and may remove and rumune. any of them, and may fix the remuneration to be received by them. ration of

(5) It shall be lawful for the said surveyors, in the execution of Surveyor to their duties, to go on board any ship to which this section applies, at have power all reasonable times, and to inspect the same or any part thereof, or ship, etc. any of the machinery, boats, equipments, or articles on board thereof, or any certificates of the master, mate, or engineer, to which the provisions of the Merchant Shipping Acts or any Ordinance apply, not unnecessarily detaining or delaying the ship from proceeding on any voyage; and if, in consequence of any accident to any such ship or for any other reason, they consider it necessary to do so, to require the ship to be taken into dock for the purpose of surveying the hull thereof; and any person who hinders any such surveyor from going on board any such ship, or other- wise impedes him in the execution of his duty under this Ordinance, shall be liable to a fine not exceeding 25 dollars.

(6) The said surveyors shall execute their duties under the Governor to

regulate direction of the Governor, who may make regulations as to the mode of manner in which the surveys hereinafter mentioned shall be made, surver. and as to the notice to be given to the surveyors when surveys are required, and as to the amount and payment of the fees due and of Table C. any expenses incurred by such surveyors in the execution of their duties, and may thereby determine the person by and to whom and the conditions under which such payment shall be made; and, until such regulations are made the said surveyors shall execute their duties in accordance with the Instructions to Surveyors issued by the Board of Trade.

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(7) Every surveyor who demands or receives, directly or indirect- Penalty for ly, from the owner, agent, or master of any ship surveyed by him wrongfully receiving or under the provisions of this Ordinance or from any other person, offering fees. and any such owner, agent, master, or other person who offers or gives any fee or remuneration whatsoever (otherwise than is per- mitted by this Ordinance) to any such surveyor for or in respect of Buch survey shall be liable to a fine not exceeding 250 dollars.

have survey

(8) The owner, agent, or master of every passenger ship being Owner to within the waters of the Colony shall, where auch ship comes within made by the meaning of this section, cause the same to be surveyed by one surveyor, and or more of the Government surveyors, who shall thereupon, if to give

surveyor

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