CO129-445 - Public Offices - 1917 — Page 547

542

No. 10 of 1899.

4).

40

Power to require security for costs from complainant.

Bupplement *ry provisiona as to detention of ships.

*Act of 1804. .. 730.]

Application to foreign ships of

provisions

A to

detention.

No. 10 of 1899.

MERCHANT SHIPPING.

(7) Where a complaint is made to the Governor that a British or colonial ship is unsafe, he may require the complainant to give security, to his satisfaction, for the costs and compensation which may be incurred by the Government, and any action that may be necessary to enforce such security may be brought in the name of the Attorney General: Provided that where the complaint is made by one-fourth, being not less than 3, of the seamen belonging to the ship and is not, in the opinion of the Governor, frivolous or vexatious, such security shall not be required, and the Governor shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained under this Ordinance.

(8) (a) An order for the detention of a ship, whether provisional or final, and an order varying the same, shall be served as soon as may be on the master of the ship

(b) When a ship has been detained under this Ordinance, she shall not be released by reason of her British or colonial register being subsequently closed.

(c) For the purposes of a survey under this section, any person authorised to make the same may go on board the ship and inspect the same and every part thereof and the machinery, equipment, and cargo, and may require the unicading or removal of any cargo, ballast, or tackle.

(d) The provisions of the Merchant Shipping Acts with respect to persons who wilfully impede an inspector shall apply as if those provisions were herein enacted, with the substitution for the inspec- tor of any member of the Court of Survey, assessor, or surveyor, who, under this section, has the same powers as an inspector or has authority to survey a ship.

Orerladen Foreign Ships.

18. When a foreign ship whilst in the waters of the Colony is unsafe by reason of the defective condition of the hull, equipments, or machinery, or by reason of overloading or improper loading, the provisions of this Ordinance with respect to the detention of ships shall apply to that foreign ship as if she were a British ship, with the following modifications :—-

(1) a copy of the order for the provisional detention of the ship shall be forthwith served on the consular officer for the State to

• As sinoaded by No. 9 of 1909.

MERCHANT SHIPPING,

which the ship belongs, and, if there is no such consular officer, on the master of the ship;

(2) where a ship has been provisionally detained, the consular officer on the request of the owner, agent, or master of the ship, and,

if there is no such consular officer, the owner, agent, or master of the ship, may require that the person, if any, appointed by the Governor to survey the ship shall be accompanied by such person as the consular officer, or the owner, agent, or master, may select; and in such case if the surveyor and such person agree, the Governor shall cause 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, or master shall have the like appeal to the Court of Survey touching the report of the surveyor as is herein- before provided; and

(3) where the owner, agent, or master of the ship appeals to the Court of Survey, the consular officer, on the request of such owner, agent, or master, or, if there is no such consular officer, the owner, agent, or master, may nominate any competent person or persons

to be members of the Court of Survey, not exceeding two.

18a. Nothing in the provisions of sections 13, 14, 16 and 18 shall Exemption. affect any foreign ship not bound to this Colony which comes into the waters of the Colony for any purpose other than that of em- barking or landing passengers or taking in or discharging cargo or taking in bunker coat.

PART V.

MARINE COURTS AND COURTS OF SURVEY. Marine Courts.

may appoint

19 (1) It shall be lawful for the Governor, whenever occasion Governor may arise, by warrant under his hand and the seal of the Colony, Marine Court. to form a Court (which shall be called the Marine Court) to make 1.8. Act. investigations as to shipwrecks or other casualties affecting ships, 1904, s. 478. or to inquire into charges of incompetency or misconduct on the part

of masters, mates, or engineers of ships.

+

(2) Such Court shall consist of not more than 5 or less than 3 Constitution

members, of whom one shall be a Stipendiary Magistrate and pre- of Court:

• As amended by No. 9 of 1909, No. 29 of 1912 and No. 43 of 1912

Supp. Sched.

As amended by No. 2 of 1908, No. 80 of 1911, No. 60 of 1911,

No. 51 of 1911, No. 16 of 1912 and No. 17 of 1912.

1