78
No. 10 of 1899.
MERCHANT SHIPPING.
yel
୮
MERCHANT SHIPPING,
No. 10 of 1899.
79
sular officer where proceedings taken in respect of a foreign ship under Merchant Shipping
Act, 1932, as extended to Colony.
22 Gen. 5, c.
9, s. 69.
Penalty for
offences not
specially
provided for.
Service of
documents. [cf. 57 & 58 Vict. c. 60, s. 696 (1).]
Obstructing service.
[cf. 57 & 58
Vict. c. 60,
s. 696 (2).]
Power to detain ship in certain
cases.
as extended to the Colony, and where any proceedings are taken under that Act against the master or owner of any such ship, notice shall forthwith be given to the nearest consular officer for the country to which the ship belongs, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.
(4) Where no penalty is specially attached by this Ordin- ance to the breach or infringement of any provisions contained therein, the same shall be punishable by a fine not exceeding two hundred dollars.
(5) (a) Where; for the purposes of this Ordinance, any document is to be served on any person, that document may be
served-
(i) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode; and
(ii) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship with the person being or appearing to be in command or charge of the ship; and
(iii) if the document is to be served on the master of a ship, where there is no master, and the ship is in the Colony, on the managing owner of the ship, or, if there is no managing owner, on some agent of the owner residing in the Colony, or, where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship.
(b) Every person who obstructs the service of any document on the master of a ship shall be liable to a fine not exceeding one hundred dollars, and if the owner, agent or master of the ship is party or privy to such obstruction, he shall be guilty of a misdemeanor.
(6) Where under this Ordinance it is enacted that, under certain conditions, a ship shall not leave the waters of or any port of the Colony, it shall be lawful for the Harbour Master,
under such conditions, to detain the ship until he is satisfied that [ef. 57 & 58
Vict. c. 60, the provisions of the law have been fulfilled.
s. 692 (3).]
detained
Vict. c. 60,
(7) Where under this Ordinance a ship is authorized or Penalty for ordered to be detained, if the ship, after such detention
or taking after service on the master of any notice of or order for such ship to sea. detention, proceeds or attempts to proceed to sea before having [cf. 67 & 58 been released by competent authority, the master of the ship, s. 692 (1).1 and also the owner or agent, and any person who sends the ship to sea, if such owner, agent or person is party or privy to the offence, shall be liable to a fine not exceeding one thousand dollars.
sea officer
(8) Where a ship so proceeding to sea takes to sea, when Penalty for on board thereof in the execution of his duty, any officer taking to authorized to detain the ship or any surveyor or officer appointed authorized by the Governor, the owner and master of the ship shall each to detain ship, etc. be liable to pay all expenses of and incidental to the officer or [cf. 57 & 58 surveyor being so taken to sea, and shall also be liable to a Vict. c. 60, s. 692 (2).] fine not exceeding one thousand dollars, or, if the offence is not prosecuted summarily, not exceeding one hundred dollars for every day until the officer or surveyor returns or until such time as would enable him, after leaving the ship, to return to the port from which he was taken, and such expenses may be recovered in like manner as the penalty,
(9) Any exception, exemption, proviso, excuse or quali- Rule as to fication in relation to any offence under the Merchant Shipping proof of
exception, Acts or under this Ordinance, whether it does or does not etc. accompany in the same section the description of the offence, [cf. 57 & 58
Vict. c. 60, may be proved by the defendant, but need not be specified or s. 697.] negatived in any information or complaint, and if so specified
or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.
and articles
(10) In any proceeding in court against any person for a Use of breach of the provisions of this Ordinance, all entries in the official log official log and the articles of agreement shall be received evidence, subject to all just exceptions.
in of agreement
as evidence. [cf. 57 & 58 Vict. c. 60, $. 239 (6).]
402
Page 350Page 351
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