22 Geo. 5. 0.9, 9.5 (2),
Survey
with res- pect to
26
(b) if any of the appliances with which the ship is so pro- vided are lost or rendered unfit for service in the course of the voyage or excursion through the wilful fault or negligence of the owner or master; or
(c) if the master wilfully neglects to replace or repair, on the first opportunity, any such appliance lost or injured in the course of the voyage or excursion; or
() if such appliances are not kept so as to be at all times
fit and ready for use; or
(e) if any provision of the rules or regulations in respect of life-saving appliances applicable to the ship is contra- vened or not complied with,
then the owner of the ship (if in fault) shall for each offence be liable to a Sne of two thousand dollars, and the master of the ship (if in fault) shall for each offence be liable to a line of one (bortsand dollars.
[13(3)
39. (1) A Government surveyor may inspect any ship for the purpose of seeing that the rules or regulations in respect of life-saving life-saving appliances applicable to the ship have been complied appliances with in her case, and for the purpose of any such inspection shall 22 Geo. 5. 2.9, 3.5 (3), have all the powers of an inspector appointed by the Minister
under the Merchant Shipping Acts.
[13(4)
Entry in log-book of boat drill and examin- tion of life-saving appliances. 6 Edw. 7.
48, 39 (1). 22 Geo. 5, c.9, a.6 (5).
(2) If the surveyor finds that the rules or regulations have not been complied with he shall give written notice to the owner or master stating in what respect the said rules or regulations have not been complied with, and what, in his opinion, is requir- ed to rectify the matter.
[13(6)
(3) Every notice so given shall in manner directed by the Governor be reported to the Director and a clearance shall not be granted to the ship and the ship shall be detained until a certificate under the hand of a Government surveyor is produced to the effect that the matter has been rectified.
[13(8)
40. (1) The master of every ship to which section 427 of the principal Act applies as being a British ship shall cause to be entered in the official log-book a statement, or, if there is no official log-book cause other record to be kept, of every occasion on which boat-drill or fire-drill is practised on board the ship, or on which the appliances and equipment required by the rules for life-saving appliances to be carried are examined to see whether they are fit and ready for use and of the result of any such examination; and if
27
(a) in the case of a passenger steamer, boat-drill or fire-drill
is not practised on board the ship in any week; (b) in the case of any other ship, boat-drill or fire-drill is
not practised on board the ship in any month;
(c) in the case of any ship, the said appliances and equip- ment are not examined in any such period as is pres- cribed by the said rules,
the master shall cause a statement to be entered or other record to be kept as aforesaid of the reasons why the drill was not practised or the appliances and equipment were not examined in that week, month or period.
[13(7)
7. 24B, 2.9
(2) The master shall if and when required by any officer [e/. 6 Edw. of the Marine Department produce for inspection any such entry (291
[13(8)
or record.
(3) If the master fails to comply with any requirement of this section, he shall be liable to a fine of two hundred dollars. [13(9)
41. Sections 37 to 39 shall apply to all foreign ships while Application within the waters of the Colony to the same extent as they apply ships.
to forelyn to British ships: Provided always that such sections and section [of Edw. 7. 40 shall not apply to-
(a) any ship of a Safety Convention country which carries
a valid safety certificate, or to
(b) any ship of a non-Convention country with regard to which it has been declared by order of Her Majesty in Council that the provisions in force in that country relat ing to life-saving appliances are as effective as those of the Merchant Shipping Acts, on proof that such former provisions are complied with in the case of that ship.
[13(9)
0.48, 2.4.)
of non-load
42. A Government surveyor may go on board and inspect Inspection any vessel which is exempt from Part II of the Merchant Ship- pessels. ping (Safety and Load Line Conventions) Act, 1933, as extended to the Colony by Order of Her Majesty in Council under section 64 thereof.
[14
worthy
43. (1) Any person who sends or attempts to send, or is a Sending party to sending or attempting to send, a British ship to sea in unkea. such an unseaworthy state that the life of any person is likely British to be thereby endangered shall be guilty of a misdemeanor, unless ship to sea