391
74
No. 10 of 1899.
unlawfully using
licence, etc.
[cf, sub-s. (24).]
Licences to other vessels.
Junks and other craft
to be subject to orders of Harbour
Master.
Discipline
of harbour.
Penalty for disobeying. Harbour Master's orders.
[1.2.36.1
Power to
board any
junk and demand in-
spection of documents.
MERCHANT SHIPPING.
respect of any vessel other than the vessel therein specified, or for any purpose or for any period of time other than as therein mentioned, and any master of a vessel who shall knowingly use or attempt to use any licence or special permit which shall not have been lawfully obtained shall be liable to a fine not exceed- ing three hundred dollars or imprisonment for any term not exceeding twelve months and every vessel in respect of which a licence or special permit has been used or attempted to be used in violation of this sub-section may, either with or without the cargo thereof, and whether the master has been brought to trial or not, at the discretion of the court, be forfeited.
:
(16) It shall be lawful for the Harbour Master to grant to any vessel other than a junk a licence, in like manner and in accordance with the provisions of sub-section (5), when it appears to him that such vessel is to be employed in the same or a similar manner as a junk, and such vessel shall, so long as the said licence is in force, be considered for all purposes of this Ordinance to be a junk. For any such licence the same fee shall be paid as for a junk.
(17) It shall be lawful for the Harbour Master to order vessels to anchor or secure in such place as he may direct, or to prohibit their anchoring or securing in any particular place, or to order them to remove to any other place.
(18) It shall be lawful for the Harbour Master to give such orders to all vessels for the proper discipline of the harbour and for the prevention of disorder or confusion or otherwise as he may think fit.
(19) Every master of any vessel who shall, when within the waters of the Colony, disobey any lawful orders of the Harbour Master, shall be liable to a fine not exceeding one hundred
dollars.
[(20), rep. No. 7 of 1936.]
(21) It shall be lawful for the Harbour Master or any person deputed thereto by him, or for any officer of police or any revenue officer, at any time to stop and board any vessel within the waters of the Colony and demand the production of any licence or special permit, and in case by reason of the non- production of any of such documents, or for any other reason, there shall be ground to believe or suspect that any provision of the law has been violated by the master of such vessel, or in
MERCHANT SHIPPING.
No. 10 of 1899.
75
case the document produced shall appear from the date thereof, [s.39 contd.] or from any other cause, to have been unlawfully obtained, or
to be unlawfully used, to arrest such vessel and the cargo thereof (if any) and the master, and deliver them into the custody of the police.
may be
vessel.
(22) Every vessel, the master of which is charged with In case of having violated the provisions of this section, may be forthwith non-payment
of penalty arrested and detained, unless bail to the satisfaction of a magis- by master, trate is given, until he shall either have been acquitted, or, if the same found guilty, shall have paid the fine inflicted upon him, and levied by in case he shall fail to pay, within ten days, any fine inflicted sale of upon him, the same may be recovered by the sale of such vessel and the balance, if any, of the net proceeds thereof, after deducting therefrom the expenses of such sale and the amount of such fine, shall be paid to the owner of the vessel if claimed within twelve months from the date of the sale, and if not claimed within that period, shall be forfeited: Provided that in case it shall be brought to the knowledge of the magistrate that there is in the Colony any consignee or agent of such vessel, no sale thereof shall be made until three days' notice shall have been given to him in writing.
(23) Every vessel forfeited or sold under this section shall Transfer to
purchaser be transferred to the purchaser thereof, at his expense, by a
upon sale bill of sale from the Harbour Master, which shall confer upon of vessel. such purchaser, his executors, administrators and assigns an absolute title to such vessel.
under this
(24) No vessel or cargo liable to forfeiture under this section Trial of shall be so forfeited unless the offence in respect of which it is offences liable to forfeiture shall be tried by two magistrates who shall section. have power, in their discretion, to extend the period allowed for [cf sub-ss.
(15) & (26).] an appeal from their decision to the Supreme Court, either before or after the expiration thereof.
tion of
(25) Every master of a junk who refuses or fails to comply Penalty for with the provisions of sub-sections (10) or (11), or who know- contraven- ingly gives untrue particulars concerning the information which sub-ss. (10) he is thereby required to furnish, shall be liable to a fine not or (11). exceeding two hundred dollars or to imprisonment for any term not exceeding six months,
(26) Every master of a vessel who violates the provisions of Penalty for sub-sections (13) or (14) shall be liable to a fine not exceeding cont of
contraven-
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