307
44
No. 10 of 1899.
MERCHANT SHIPPING.
[s. 17 contd.] equipment and cargo, and may require the unloading or removal
of any cargo, ballast or tackle.
[r/. 57 & 58 Viết. c. 60,
s. 730.]
Application to foreign ships of provisions us to detention.
[cf. 57 & 58 Vict. c. 60. s. 462.]
(d) The provisions of the Merchant Shipping Acts with respect to persons who wilfully impede an inspector shall apply as if those provisions were herein enacted, with the substitution for the inspector of any member of the Court of Survey, assessor or surveyor who, under this section, has the same powers as an inspector or has authority to survey a ship,
Unsafe foreign ships.
18. When a foreign ship whilst in the waters of the Colony is unsafe by reason of the defective condition of the hull, equip- ments or machinery, or by reason of overloading or improper loading, the provisions of this Ordinance with respect to the detention of ships shall apply to that foreign ship as if such ship were a British ship, with the following modifications
(1) a copy of the order for the provisional detention of the ship shall be forthwith served on the consular officer for the state to which the ship belongs, and, if there is no such consular officer, on the master of the ship;
(2) where a ship has been provisionally detained, the con- sular officer on the request of the owner, agent or master of the ship, and, if there is no such consular officer, the owner, agent or master of the ship, may require that the person, if any, appointed by the Governor to survey the ship shall be accompanied by such person as the consular officer, or the owner, agent or master, may select; and in such case, if the surveyor and such person 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 or master shall have the like appeal to the Court of Survey touching the report of the surveyor as is herein- before provided; and
(3) where the owner, agent or master of the ship appeals to the Court of Survey, the consular officer, on the request of such owner, agent or master, or, if there is no such consular officer, the owner, agent or master, may nominate any competent person or persons to be members of the Court of Survey, not exceeding two.
MERCHANT SHIPPING.
No. 10 of 1899,
45
18A. Nothing in the provisions of sections 13, 14, 16 and Exceptions. 18 shall affect any foreign ship not bound to the Colony which 6 Edw.
7, c. 48, s. comes into the waters of the Colony for any purpose other than 6.] that of embarking or landing passengers or taking in or dis- charging cargo or taking in bunker coal.
PART V.
MARINE COURTS AND COURTS OF SURVEY.
Marine Courts.
19. (1) It shall be lawful for the Governor, whenever Governor occasion may arise, by warrant under his hand and the seal of may appoint
Marine the Colony, to form a court (which shall be called the Marine Court. Court) to make investigations as to casualties affecting ships, or to inquire into charges of incompetency or misconduct on the part of masters, mates or engineers of ships.
57 & 58 Vict. c. 60, s. 478.
(2) Such court shall consist of not more than five or less Constitution than three members, of whom one shall be a magistrate and of Court. president of the court, and at least one shall be a commis- sioned officer in the Royal Navy, and the remainder masters of the British mercantile marine, or such persons of nautical, engineering or other special skilt or knowledge as the Governor may appoint: Provided always that, where any investigation involves or appears likely to involve any question as to the cancellation or suspension of the certificate of a master, mate or engineer, the court shall include not less than two members having experience in the merchant service.
(3) Each of the unofficial members of such court shall be Unofficial paid the sum of ten dollars a day, or such other sum
as the members of Governor may, in any special case, direct, during each day that remunerat- the court sits.
court to be
ed.
(4) For the purpose of an investigation under this Part, a Enumera- casualty shall be deemed to occur-
tion of casualties.
c. 60, s. 464.
(a) when on or near the coasts of the Colony any British 57 & 58 Viet, ship is lost, abandoned or materially damaged;
(b) when on or near the coasts of the Colony any British ship has been stranded or damaged, and any witness is found in the Colony;
* As amended by No. 28 of 1935 [1.7.35].
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