MERCHANT SHIPPING.
Harbour
Master may refuse clear-
carrying
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 ance to ship passengers he purposes to carry on the then projected voyage; and if such number is in excess of the number allowed by the passenger certificate, or exceeds twelve in the case of a ship which is not provided with a passenger certificate, the Harbour Master may refuse clearance. Any master who wilfully mis- represents the number of passengers so about to be carried, or leaves or attempts to leave any port of the Colony without a clearance, shall be liable to a fine not exceeding two hundred and fifty dollars.
more passen- gers than allowed by certificate. [cf. 57 & 58 Vict. c. 60, s. 283.]
Penalty for taking more passengers than allowed by clearance. [cf. 57 & 58 Vict. c. 60, s. 283.]
Penalty on
owner, etc., in like case.
Production
certificate.
(2) The master of any ship who, after having obtained a port clearance, leaves or attempts to leave the waters of the Colony with any number of passengers greater than that allowed by the clearance shall be liable to a fine not exceeding two hundred dollars, in addition to a fine not exceeding five dollars for every such passenger in excess of the number permitted to be carried by the clearance.
(3) When the master of any ship has become liable under the provisions of sub-section (2) to the penalty therein men- tioned, 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 of passenger clearance to any ship carrying more than twelve passengers, except on the production of the passenger certificate (being a certificate then in force and applicable), and he may detain such ship until such certificate is produced.
[cf. 57 & 58 Vict. c. 60, s. 271 (2).]
Deck
passengers.
Application of Board
of Trade
(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 rules for life-saving appliances from time to time in force made by the Board of Trade under section 427 of
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