38
[8.17
could.]
Cousent of
Governor to prosecution.
Misdemeanor
not punish-
abla on
Summary conviction.
Power to detain unsafe alip, and
auch
detention.
No. 10 of 1899.
MERCHANT SHIPPING.
(3) A prosecution under the preceding smb-sections of this section shall not be instituted except with the consent of the Governor.
(4) A misdemeanor under the preceding sub-sections of this section shall not be punishable on summary conviction.
(5) Where a British or colonial ship being in any port of the Colony is an unsafe ship, that is to say, is, by reason of the defective procedure for condition of her 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 she is intended, any such ship (hereinafter des- cribed 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 or colonial 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 her detention, and the Governor may, if he thinks fit, appoint some competent person to survey the ship and report to him:
(e) 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 her to be finally detained, either absolutely or until the performance of auch conditions with respect to the execution of repairs or alter- ations 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, within 7 days of such service, the owner, agent, or master of the ship may appeal in the prescribed manner to the Court of Survey constituted under section 20;
(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, en- gineering, or other special skill and experience, to be approved by the Governor, as the owner, agent, or master may select; and in
MERCHANT SHIPPING.
541
No. 10 of 1899.
39
such case if the surveyor and assessor agree, the Governor shall cause le. 17
cuntd.) 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 this section;
(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 her to be released, either upon or without any conditions.
Government
costs and
(6) (a) If it appears that there was not reasonable and probable Liability of cause, by reason of the condition of the ship or the act or default of
and of ship- the owner or agent, for the provisional detention of the ship, the owner for Government shall be liable to pay to the owner of the ship his costs damages. 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 Stipendiary 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 of the ship; and any dispute as to the amount of costs under this Ordinance may be referred to the Registrar of the Supreme Court, who, on request made to him for that purpose by the Governor, shall ascertain and certify the proper amount of such costs.
(d) A claim for any costs or compensation payable by the Govern- ment under this section may be brought against the Attorney General in an action brought by the plaintiff as claimant against the Attorney General as defendant, and the provisions of the Code of Civil Procedure relating to actions against the Government shall No. 3 of 1201, apply to such action.
2. 478 489.