I
1
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MERCHANT SHIPPING.
No. 10 of 1899.
27
535
26
fı. 10
Contd.]
28 ID Vict. c. 104.
No. 1 of 1889.
Table II.
Report of Court of
Survey.
Custo
No appeal in certain case,
Objections to constitution of Court.
Fees to ba
paid for certificate. Table C.
No. 10 of 1899.
MERCHANT SHIPPING.
(b) by the refusal of a certificate of clearance for an emigrant ship under the Chinese T'assengers Act, 1855, or the Chinese Emigration Ordinance, 1869; or
(c) by the refusal of a certificate of clearance under this Ordi-
nance,
the owner, agent, master, or charterer may appeal, in the manner prescribed by the general rules in Table II in the schedule to a Court of Survey constituted under this Ordinance, and, upon the constitution thereof by the Governor, such Court may make Buch order with respect to the costs of any such investigation as it thinks fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in summary proceedings before any Stipendiary Magistrate.
(13) On such appeal, the Court of Survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the report and the provisions of the enactments have been complied with, may give the certifi- cates required.
(14) Subject to any order made by the Court of Survey, the costs of and incidental to an appeal under this section shall follow the event,
(15) Where the survey of a ship is made for the purpose of a declaration under sub-section (8) of this section, the person appointed to make the survey shall, if so required by the owner, agent, or charterer, be accompanied on the survey by some com- petent person appointed by the owner, agent, or charterer, to be approved by the (overnor, and in such case, if the said two per- sons agree, there shall be no appeal to the Court of Survey in pursuance of this section.
(16) It shall be lawful for the owner, agent, master, or charterer of any ship preferring an appeal under this section or under section 17 (5) (d) or (e), in and by the notice of appeal required by the general rules in the said Table II, to give notice that he objects to the Marine Magistrate being a member of the Court of Survey, stating the grounds of his objection, and thereupon the Harbour Master shall forthwib forward such notice to the Governor, who may, in his discretion, direct that the Marine Magistrate shall not be a member of the Court of Survey.
(17) The owner, agent, or master of every ship requiring a certifi- cate under this section shall pay for every certificate granted by the Governor the fees mentioned in Table O in the schedule.
(18) No certificate shall be held to be in force for the purposes of [4.10
contd.) this section beyond a period of 12 months from the date of its issue Duration of or uny shorter time specified in the certificate; and no certificate certifiesta. shall be in force after notice is given by the Governor to the owner, agent, or master of the ship to which the same relates that he has cancelled or revoked the same: Provided that if any ship is absent from the Colony at the time when her certificate expires, no penalty shall be incurred under this section until she commences a voyage after her next subsequent return to the Colony. The Governor may require any certificate which bas expired or has been revoked or cancelled to be delivered up as he directs, and any owner, agent, or master who, without reasonable cause, refuses or neglects to comply with such requirement shall be liable to a fine not exceeding 50 dollars.
(19) The Governor may revoke and cancel any such certificate in Governor
may cancel any case in which he has reason to believe
certificate
(a) that the declarations of the suficiency and good condition of and require
Fresh the hull, equipments, and machinery of the ship have been fraudu declarations. lently or erroneously made; or
(b) that such certificate has otherwise been issued upon false or erroneous information; or
(c) that, since the making of such declarations, the hull, equip- ments, or machinery of the ship has or have sustainexl any injury or is or are otherwise insufficient;
and in every such case the Governor may require the owner to have the hull, equipments, or machinery of the ship again surveyed, and to transmit a further declaration or declarations of the sufficiency and good condition thereof, before re-issuing any, certificate or granting a fresh one in lieu thereof.
(20) The owner, agent, or master of every such ship shall forth- Certifionte to with, on the transmission of any such certificate as aforesaid to him be placed in conspicuous or his agent, cause one of the duplicates thereof so transmitted to part of ship. be put up in some conspicuous part of the ship, so as to be visible
to all persons on board the same, and shall cause it to be continued so put up so long as such certificate remains in force and such ship is in use; and in default such owner, agent, or master shall for every offence be liable to a fine not exceeding 50 dollars.
(21) The said surveyor or surveyors shall from time to time make Surveyors to such returns to the Governor as he may require with respect to the make returns
of build build, dimensions, draught, burden, rate of sailing, room for fuel, and other
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