42
No. 10 of 1899.
365
MERCHANT SHIPPING.
MERCHANT SHIPPING.
No. 10 of 1899.
43
[s.17 contd.] until the performance of such conditions with respect to the execution of repairs or alterations or the unloading or reloading of cargo as the Governor thinks necessary for the protection of human life, and he may vary or add to any such order;
Jcf. s. 20 (2).]
[cf. s. 20 (2).]
Liability of Government and of ship owner for costs and damages
|cf. 57 & 58 Vict. c. 60, s. 460.]
(d) before the order for final detention is made, a copy of the report shall be served on the master of the ship, and, within seven days of such service, the owner, agent or master of the ship may appeal in the prescribed manner to the Court of Survey constituted under section 20;
(e) where a ship has been provisionally detained, the owner, agent or master of the ship, at any time before the person appointed under this section to survey the ship makes such survey, may require that he shall be accompanied by such person of nautical, engineering or other special skill and experi- ence, to be approved by the Governor, as the owner, agent or master may select; and in such case, if the surveyor and assessor 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 and master shall have the like appeal touching the report of the surveyor as is before provided by this section;
(f) where a ship is provisionally detained, the Governor may at any time, if he thinks it expedient, refer the matter to the Court of Survey; and
(g) the Governor may at any time, if satisfied that a ship detained under this Ordinance is not unsafe, order such ship to be released, either upon or without any conditions.
(6) (a) If it appears that there was not reasonable and prob- able cause, by reason of the condition of the ship or the act or default of the owner or agent, for the provisional detention of the ship, the Government shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.
(b) If a ship is finally detained under this Ordinance or if it appears that a ship provisionally detained was, at the time of such detention, unsafe, the owner of the ship shall be liable to pay to the Government the costs of and incidental to the detention and survey of the ship, and such costs shall, without prejudice
to any other remedy, be recoverable in a summary way before [s.17 contd.] a magistrate.
(c) For the purposes of this Ordinance, the costs of and incidental to any proceeding before a Court of Survey, and a reasonable amount in respect of the remuneration of the surveyor, shall be part of the costs of the detention and survey of the ship; and any dispute as to the amount of costs under this Ordinance may be referred to the Registrar of the Supreme Court, who, on request made to him for that purpose by the Governor, shall ascertain and certify the proper amount of such costs,
(d) A claim for any costs or compensation payable by the Government under this section may be brought against the Attorney General in an action brought by the plaintiff as claimant against the Attorney General as defendant, and the Ordinance provisions of the Code of Civil Procedure relating to actions No. 3 of against the Government shall apply to such action,
1901, ss. 478 to 482.
ant.
s. 461.]
(7) Where a complaint is made to the Governor that a Power to British ship is unsafe, he may require the complainant to give lequire
security for security, to his satisfaction, for the costs and compensation which costs from may be incurred by the Government, and any action that may complain. be necessary to enforce such security may be brought in the [ef. 57 & 58 name of the Attorney General : Provided that where the com- Viet, c. 60, plaint is made by one-fourth, being not less than three, 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 pro- Supplemen- visional or final, and an order varying the same, shall be served tary provi as soon as may be on the master of the ship.
(b) A ship which has been detained under this Ordinance shall not be released by reason of the British register of such ship being subsequently closed.
(c) For the purposes of a survey under this section, any person authorized to make the same may go on board the ship and inspect the same and every part thereof and the machinery,
sions as to dotention of ships.
366
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