28
No. 10 of 1899.
351
MERCHANT SHIPPING.
MERCHANT SHIPPING.
No. 10 of 1899.
20
Vict. c. 60,
s. 275 (2).j
Costs.
[cf. 57 & 58
Vict. c. 60,
s. 275 (3)-]
No appeal in certain
case.
f. 57 & 58 Vict. c. 60,
s. 275 (4).]
Objections
to constitu- tion of Court.
Table H.
the provisions of the enactments have been complied with, may give the certificates 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.
a
(13) Where the survey of a ship is made for the purpose of declaration under sub-section (8), the person appointed to make the survey shall, if so required by the owner, agent or charterer, be accompanied on the survey by some competent person appointed by the owner, agent or charterer, to be approved by the Governor, and in such case, if the said two persons agree, there shall be no appeal to the Court of Survey in pursuance of this section.
or
(16) It shall be lawful for the owner, agent, master 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 Regulations required by the regulations in the said Table H, to give notice that he objects to any marine magistrate being a member of the Court of Survey, stating the grounds of his objection, and there- upon the Harbour Master shall forthwith forward such notice to the Governor, who may, in his discretion, direct that such marine magistrate shall not be a member of the Court of Survey.
Fees to be paid for certificate.
Regulations Table C.
Duration of certificate. [c/. 57 & 58 Vict. c. 60, s. 278.]
[cf. 57 & 58 Vict. c. 60, s. 280.]
(17) The owner, agent or master of every ship requiring a certificate under this section shall pay for every certificate granted by the Governor the fees mentioned in Table C in the Regulations.
(18) No certificate shall be held to be in force for the pur- poses of this section beyond a period of twelve months from the date of its issue or any shorter time specified in the certificate; and no certificate 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 of expiry of any certificate granted under this section no penalty shall be incurred under this section until the said ship commences a voyage after the next subsequent return to the Colony. The Governor may require any certificate which has expired or has been revoked or cancelled to be delivered up as he directs, and every owner, agent or master who, without reasonable excuse, refuses or neglects to comply with such
requirement shall be liable to a fine not exceeding one hundred [s.10 contd.] dollars.
(19) The Governor may revoke and cancel any such Governor certificate in any case in which he has reason to believe-
may cancel certificate and require (a) that the declarations of the sufficiency and good condi-
fresh de- tion of the hull, equipments and machinery of the ship have clarations.
[cf. 57 & 58 been fraudulently or erroneously made; or
Vict. c. 60, s. 279.]
(b) that such certificate has otherwise been issued upon false or erroneous information; or
(c) that, since the making of such declarations, the hull, equipments or machinery of the ship has or have sustained 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 survey- ed, 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.
(19A) The Governor may also revoke and cancel any such Governor certificate in any case in which he has reason to believe that the may cancel certificated master of the ship is not exercising, or is not permitted where mas- to exercise, proper control of the ship.
certificate
ter is not
in control of ship.
placed in conspicuous part of ship. [cf. 57 & 58 Vict. c. 60,
(20) The owner, agent or master of every such ship shall Certificate forthwith, on the transmission of any such certificate as afore- to be said to him or his agent, cause one of the duplicates thereof so transmitted to 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 certificates. 281 (1),
(2).] remains in force and such ship is in use; and in default such owner, agent or master shall be liable to a fine not exceeding one hundred dollars.
returns of
(21) The said surveyor or surveyors shall from time to time Surveyors make such returns to the Governor as he may require with to make respect to the build, dimensions, draught, burden, rate of build and sailing, room for fuel, and the nature and particulars of other parti- machinery and equipments of every ship surveyed by him them; and every owner, master and engineer of any such ship shall, on demand, give to such surveyor or surveyors all such
or
culars of ship, and owner, etc., to give in. formation.
352
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