CO129-356 - Governor Sir Lugard - 1909 [4-6] — Page 291

Enclosure

4.

Section 3:

Section 4(1)

Section 5:

21393

280

IREC REGP 28 JUN 09.

add "or" *or of second Mate etc.

omit "further read" "is hereby amended".

provides that the owner or Master shall be liable to penalty but (3) of Section 12 of the Principal Ordinance provides a limited liability only for owner, agent or consignee. It would be as well to omit in new (2) the words "owner or". Further under Section 12 the Harbour Master may by inference grant a clearance to vessels carrying more than 12 passengers without a Passenger Certificate.

Under Section 10 (3) as amended by Ordinance 2 of 1903 section 9 the Harbour Master may not grant a clearance to such vessels. It would be as well to read in Section 12 (1) line 6 "The Harbour Master shall refuse a port clearance" and in (4) line 1 "The Harbour Master shall refuse a clearance", and in line 4 "and he shall detain such ship."

The provisions as to Passenger Ships provide penalties in the case of vessels leaving the Colony without a passenger certificate if they carry more than 12 passengers. There is no penalty in the case of vessels bringing more than 12 passengers into the Colony without a certificate. Under the new Section 12 (2) a ship bringing in more than 12 passengers is impliedly liable to penalty. It would be as well therefore to amend Section 10 (3) as amended by Ordinance 2 of 1903 Section 9 "No passenger ships which carry more than 12 passengers shall enter the waters of the Colony clear out or proceed" etc.

It is however perhaps unnecessary to amend Section 12 (2) at all. The new (2) is taken from Section 22