50
No. 10 of 1899.
455
MERCHANT SHIPPING.
MERCHANT SHIPPING.
No. 10 of 1899.
51
[s. 19A contd.]
Constitu-
same by letter to the Harbour Master, and in default, without reasonable excuse therefor, he shall be liable to a fine not exceeding five hundred dollars.
Courts of Survey.
20.--(1) It shall be lawful for the Governor, whenever tion, powers occasion may arise, to appoint a Court of Survey in the same manner and composed of the same persons as in the case of a Marine Court, and in such case the following provisions shall have effect:—
and pro- cedure of Court of
Survey
+
[c/. 57 & 58 Vict. c. 60, s. 488.]
Regulations
as to
procedure, fees, etc.
(a) the case shall be heard in open court;
(b) each member of the court may survey the ship, and shall have for such purpose all the powers of an inspector appointed by the Board of Trade under the Merchant Shipping Acts;
(c) the court may order the ship to be surveyed, and may appoint any competent person to survey the ship and report thereon to the court, and such person may, in case of disagree- ment, be appointed by a majority of the members;
(d) the court shall have the same power as the Governor has to order the ship to be released or finally detained, but unless
a majority of the members concur in an order for the detention of the ship, the ship shall be released; and
(e) the owner or agent and the master of the ship, and any person appointed by the owner, agent or master, may attend at any inspection or survey made in pursuance of this section.
(2) It shall be lawful for the Governor in Council to make regulations for carrying into effect the provisions of this Ordin- ance with respect to a Court of Survey and appeals thereto, and in particular with respect to the summoning of and procedure Regulations before the court, the requiring on an appeal under section 10 (12) or section 17 (5) (d) or (e) security for costs and damages, and the amount and application of fees.
Table H.
Power to order payment of costs of in- vestigation.
Ordinance No. 41 of
1932-
(3) The court may make such order with respect to the costs of any investigation under this section as it may think fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as a civil debt under the Magistrates Ordin-
ance, 1932.
As amended by No. 28 of 1835 [1.7.35].
(4) Nothing in this section shall be deemed to affect in any Saving of way the Admiralty Jurisdiction of the Supreme Court.
PART VI.
REGULATION AND CONTROL OF THE WATERS OF THE Colony
AND OF VESSELS USING SAME,
Ports of the Colony.
Admiralty Jurisdiction.
21. The Governor may declare by notification certain places Declaration in the waters of the Colony to be ports, and no master of any
of ports, and prohibition ship or junk shall, except from stress of weather or some other of ship sufficient cause, anchor at any other place in the waters of the or junk
anchoring Colony without the written permission of the Harbour Master. elsewhere.
Duties of master.
22. (1) The master of every merchant ship arriving within Merchant signalling distance of the signal station at Gap Rock or Waglan vessel
arriving or Cape D'Aguilar, and intending to enter any port, shall hoist to hoist the national colours and the house flag or the number of the colours and
house Aag ship, and shall keep the same flying while passing the signal
or number. station. He shall also hoist the national colours of the ship when entering any port, and shall keep the same flying until the ship has been entered at the Harbour Master's office.
Health
on board at
once.
(2) Every such master shall, on the arrival of his ship Harbour within the waters of the Colony, allow and assist on board Master and without delay the Harbour Master and the Health Officer of the Officer to Port as soon as they come alongside, and shall furnish the be allowed Harbour Master with such information as may be required in accordance with Table K (A) in the Regulations, and every Regulations master or any officer of the ship who delays, obstructs or Table K (A), impedes the Harbour Master or Health Officer, or refuses to give [cf. No. 7 of
1926, s. 16.] such information as may be required, or gives false particulars, shall be guilty of an offence.
moored
(3) Subject to the provisions of section 28, every such Ship to be master shall take up the berth pointed out by the Harbour Master where order- or by any person sent on board by him for that purpose, and ed, and not shall moor his ship there properly to the satisfaction of the removed Harbour Master, and shall not move to take up any other berth permission. without his permission, except in case of necessity, to be decided
* As amended by No. 23 of 1932 [10.12.32].
As amended by Law Rev. Ord., 1937
without
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