|
559
73
72
[t. 30 contd.]
Transfer to purchaser upon asle of Yosso).
Trial of offences under this section.
Penalty for infraction
No. 10 of 1899.
MERCHANT SHIPPING,
case it shall be brought to the knowledge of the Magistrate that there is in the Colony any consignee or agent of such vessel no sale thereof shall be made until 3 days' notice shall have been given to bim in writing.
(23) Every vessel forfeited or sold under this section shall be transferred to the purchaser thereof, at his expense, by a bill of sale from the Harbour Master, which shall confer upon such purchaser, his executors, administrators, and sesigns an absolute title to such vessel.
(24) No vessel or cargo liable to forfeiture under this section, shall be so forfeited unless the offence in respect of which it is liable to forfeiture, shall be tried by two Magistrates who shall have power, in their discretion, to extend the period allowed for an appeal from their decision to the Supreme Court, either before or after the expiration thereof.
(25) Every master of a junk who refuses or fails to comply with of sub-section the provisions of sub-section (10) or (11), or who knowingly gives untrute particulars concerning the information which he is thereby required to furnish, shall be liable to a fine not exceeding 200 dollars, or to imprisonment for any term not exceeding 6 months.
(10) or (11).
Penalty for infraction of sub-nection
(26) Every master of a vessel violating the provisions of sub- section (13) or (14) shall be liable to a fine not exceeding 200 (18) or (14). dollars, or to imprisonment for any term not exceeding 6 months, and, further, such vessel and her cargo may, in the discretion of the Magistrates be forfeited. It shall be lawful for any officer of police or of the Harbour Department or for any revenue officer to arrest within the waters of the Colony any junk or other Chinese vessel leaving or attempting to leave her anchorage, or which he has good reason to believe had left her anchorage or any port between the hours aforesaid.
Junk not carrying lights to bu deemed in Hault tor
collision.
(27) 1 in any action brought in respect of a collision occurring between sunset and sunrise, in or outside the waters of the Colony, between a junk and any other vessel whatsoever, it is proved that such junk did not carry either the lights prescribed for sailing vessels by the International Collision Regulations, or the lights prescribed for junks by sub-section (1) or (2) respectively of section 25, then Buch junk shall be deemed to be in fault, unless it is shown to the satisfaction of the Court that the circumstances of the case made the omission to carry such lights necessary.
MERCHANT SHIPPING.
No. 10 of 1899.
contd.]
Provided that the word ' vessel in this sub-section shall not is. 39 be limited by the definition of vessel" in sub-section (1).
[8. 40, rep. No. 48 of 1911.]
PART XI.
GENERAL PROVISIONS.
Prosecution of Offences and Procedure.
yucks a
Auta.
41. (1) Such of the provisions of the Merchant Shipping Acts Application which apply to the Colony and are inconsistent with the provisions of aarisin of this Urdinance are hereby repealed so far as they relate to ships Merchant registered in this Colony; but in all other respects the provisions Shipping of the Merchant Shipping Acts, so far as they are not inconsistent with the provisions of this Ordinance, shall be in force in this Colony, and in particular such as relate to rights to wages and remedies for the recovery thereof, to leaving seamen abroad, to the provisions, health, and accommodation of seamen, to the power of seamen to make complaints, to the protection of seamen from im- position, tu discipline, to official logs, and to crimes committed abroad shall apply, mutatis mulandis and so far as the same can be extended, to all ships registered in this Colony, when such ships are within the waters of the Colony, and to the owners, masters, and crews of such ships.
of min.
and offences
(2)(a) Every offence declared by the Merchant Shipping Acts Trial in or by this Ordinance to be a misdemeanor may, if tried in this the Colony Colony, be tried by the Supreme Court in the same manner as other demeanors misdemeanors are tried, and may also, unless otherwise expressly under provided, instead of being prosecuted before the Supreme Court, be Merchant prosecuted summarily in accordance with the procedure established
Shipping by the Magistrates Ordinance, 1890, but, if so prosecuted, shall be Ordinance. punishable by the Stipendiary Magistrate only with imprisonment No. 3 of 1890. for a term not exceeding 6 months or with a fine not exceeding 1,000 dollars.
(b) Every offence made punishable by the Merchant Shipping Acts, by imprisonment, with or without hard labour, for a term not exceeding 6 months or by a fine not exceeding £100 may be pro-
* As amanded by No. 2 of 1908, No. 9 of 1909, No. 6 of 1910,
No. 80 of 1911, No. 16 of 1912, No. 17 of 1912, No. 71 of 1919 and No. 48 of 1912 Supp. Sahed.
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