CO129-445 - Public Offices - 1917 — Page 565

560

No. 10 of 1899.

75

74

Es. 41 Contd.)

No. 3 of 1890.

Trial of offences and recovery of penalties, expenses, etc., under the Ordi

mence.

No. 10 of 1899.

MERCHANT SHIPPING.

secuted summarily before any Stipendiary Magistrate, and may be punished by imprisonment for a term not exceeding 6 months, or by a fine not exceeding 1,000 dollars.

(c) The provisions of the Magistrates Ordinance, 1890, with regard to appeals shall apply to all summary convictions under this section.

(3) All offences against this Ordinance, except when otherwise provided, may be heard and determined by any Stipendiary Magis- trate, and all penalties and forfeitures imposed and declared by and expenses recoverable under this Ordinance, except when otherwise provided, may be recovered and enforced in a summary manner; and the Marine Magistrate shall, in relation to all such offences, penalties, imprisonment for default, forfeitures, and expenses, have the like powers and authority as are given to a Magistrate under No. 3 of 1890. the Magistrates Ordinance, 1890, in respect of offences triable

on summary conviction.

Penalty for offen.eca

(4) Where no penalty is specially attached by this Ordinance to not specially the breach or infringement of any provision contained therein the provided for. same shall be punishable by a fine not exceeding 200 dollars.

Service of documents.

Obstructing service.

(5) (i) Where, for the purposes of this Ordinance, any document is to be served on any person, that document may be served,

(a) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode; and,

(b) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship with the person being or appearing to be in command or charge of the ship; and,

(c) if the document is to be served on the master of a ship, where there is no master, and the ship is in the Colony, on the managing owner of the ship, or, if there is no managing owner, on some agent of the owner residing in the Colony, or, where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship.

(ii) Every person who obstructs the service of any document orn the master of a ship shall be liable to a fine not exceeding 100 dollars, and if the owner, agent, or master of the ship is a party or privy to such obstruction, he shall be guilty of a misdemeanor.

MERCHANT SHIPPING.

Power to

(6) Where under this Ordinance it is enacted that, under certain [. 41 conditions, a ship shall not leave the waters of or any port of the contd.) Colony, it shall be lawful for the Harbour Master, under such con- detain ship ditions, to detain the ship until he is satisfied that the provisions of the law have been fulfilled.

iu certain

Cades. M. 8. Act, 1844, s. 602 (B).

(7) Where under this Ordinance a ship is authorised or ordered to Penalty for

taking be detained, if the ship. after such detention or after service on the detained ship master of any notice of or order for such detention, proceeds or to . attempts to proceed to sea before it has been released by competent authority, the master of the ship, and also the owner or agent, and any person who sends the ship to sea, if such owner, agent, or per- son is party or privy to the offence, shall be liable to a fine not exceeding 500 dollars.

authorised to

(8) Where a ship so proceeding to sea takes to sea, when on board Penalty for

taking to sea thereof in the execution of his duty, any officer authorised to detain officer the ship or any surveyor or officer appointed by the Governor, the detain ship, owner and master of the ship shall each be liable to pay all expenses ats. of and incidental to the officer or surveyor being so taken to sea, and shall also be liable to a fine not exceeding 500 dollars, or, if the offence is not prosecuted summarily, not exceeding 50 dollars for every day until the officer or surveyor returns, or until such time as would enable him, after leaving the ship, to return to the port from which he was taken, and such expenses may be recovered in like manner as the penalty.

proof of

(9) Any exception, exemption, proviso, excuse, or qualification in Bule as to relation to any offence under the Merchant Shipping Acts or under exception, this Ordinance, whether it does or does not accompany in the same ste. section the description of the offence, may be proved by the de- fendant, but need not be specified or negatived in any information or complaint, and if so specified or negatived, no proof in relation

to the matter so specified or negatived shall be required on the part of the informant or complainant.

(10) Every person who, with intent to defraud, forges or alters, Forgery of certificate, or offers, utters, disposes of, or puts of, knowing the same to be etc. forged or altered, any certificate, ticket, document, matter, or thing mentioned in this Ordinance, shall be guilty of felony, and shall be liable to imprisonment for any term not exceeding 7 years.