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537
No. 10 of 1899.
31
30
Harbour
Master may refuse clear.
ance to ship carrying
more passal. gers than allowed by certificate.
Penalty for taking more ];issengers
No. 10 of 1899.
MERCHANT SHIPPING.
Penalties for carrying Passengers in excess of numbers allowed by Certificate or Clearance.
12. (1) The master of every ship shall, on application to the Harbour Master for a port clearance, state the number of passengers he purposes to carry on the then projected voyage; and if such number is in excess of the number allowed by the passenger certifi- cate, or exceeds 12 in the case of a ship which is not provided with a passenger certificate, the Harbour Master may refuse clearance. Any master who wilfully misrepresents the number of passengers so about to be carried, or leaves or attempts to leave any port in the Colony without a clearance, shall be liable to a fine not exceeding 250 dollars.
(2) The master of any ship who, after having obtained a port clearance, leaves or attempts to leave the waters of the Colony with than allowed any number of passengers greater than that allowed by the clearance by clearance.
shall be liable to a fine not exceeding 200 dollars, in addition to a fine not exceeding 5 dollars for every such passenger in excess of the number permitted to be carried by the clearance.
Tenalty on owner, elo.
ic like case.
Production of passinger certificato,
Deck passengers.
Power to make rules.
Table A.
+
(3) When the master of any ship has become liable under the provisions of the last sub-section to the penalty therein mentioned, the owner, agent or consignee of such ship shall be liable to a like penalty, unless he proves that such passengers were shipped without his knowledge or consent and that he derived no profit, benefit, or advantage from the shipping of such passengers.
(4) It shall be lawful for the Harbour Master to refuse a clearance to any ship carrying more than 12 passengers, except on the pro- duction of the passenger certificate (being a certificate then in force and applicable), and he may detain such ship until such certificate is produced.
(5) It shall be lawful for the Governor-in-Council to prohibit the conveyance of deck passengers by any ship.
PART IV.
SAFETY,
Life-saving Appliances.
13. (1) The Governor-in-Council may make rules with respect
to the following matters:-
* As amended by No. 90 of 1911, No. 50 of 1911 and No. 16 of 1912.
As atuanded by No. 2 of 1909, No. 9 of 1909, No. 80 of 1911,
No. 60 of 1911, No. 16 of 1912 and No. 17 of 1912.
MERCHANT SHIPPING.
(a) the arranging of ships into classes, having regard to the .18 service in which they are employed, the nature and duration of the contd.] voyage, and the number of persons carried;
Classes of ships.
(b) the number and description of the boats, life-boats, life-rafts, Buste, etc, life-jackets, and life-buoys to be carried by British or colonial ships according to the class in which they are arranged and the mode of their construction, also the equipments to be carried by the boats and rafts, and the method to be provided to get the boats and other life-saving apparatus into the water; and
(c) the quantity, quality, and description of buoyant apparatus to Lile-saving be carried on board ships carrying passengers, either in addition to apparatus.
or in substitution for boats, life-rafts, life-jackets, and life-buoys.
Owner and
(2) It shall be the duty of the owner and master of every British Duties of or colonial ship exceeding 60 tons to see that his ship is provided, master. in accordance with the rules in Table A in the schedule, with such life-boats, jackets, and other appliances for saving life at sea as, having regard to the nature of the service in which the ship is employed and the avoidance of undue incumbrance of the ship's deck, are best adapted for securing the safety of her crew and passengers.
(2a) Sub-sections (2) and (3) shall not apply to any British ship which already complies with the provisions of the Merchant Ship- ping Acts with respect to life-saving appliances.
(3) In the case of any ship,-
Penalty for
(a) if the ship is required by the rules for life-saving appliances to neglect.
M. 8. Act, be provided with such appliances and proceeds on any voyage or 1994, 8.480. excursion without being so provided in accordance with the rules applicable to the ship; or
(b) if any of the appliances with which the ship is so provided 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 appliances lost or injured in the course of the voyage or excursion; or
(d) if such appliances are not kept so as to be at all times fit and ready for use,
then the owner of the ship (if in fault) shall for each offence be liable to a fine not exceeding 500 dollars, and the master of the
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