:
THE HONGKONG THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1876.
the owner may appeal in the prescribed manner to the court of survey for the port or district where the ship for the time being is.
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On such appeal the judge of the court of survey shall report to the Board of Trade on the question raised by the appeal, and the Board of Trade, when satisfied that the requirements of the report and the other provisions of the said enactments have been complied with, may,-
(1.) In the case of a passenger steamer give their certificate under section three hundred and twelve of
the Merchant Shipping Act, 1854, and
(2.) In the case of an emigrant ship give, or direct the emigration or other officer to give, a certificate
of clearance under the above-mentioned enactments, and
(3.) In the case of a refusal of a certificate as to lights or fog signals, give or direct a surveyor or other person appointed by them to give a certificate under section thirty of the Merchant Shipping Act Amendment Act, 1862.
Subject to any order made by the judge of the court of survey, the costs of and incidental to an appeal under this section shall follow the event.
Subject as aforesaid, the provisions of this Act with respect to the court of survey and appeals thereto, so far as consistent with the tenour thereof, shall apply to the court of survey when acting under this section, and to appeals under this section.
Where the survey of a ship is made for the purpose of a declaration or certificate under the above-recited enactments, the person appointed to make the survey shall, if so required by the owner, be accompanied on the survey by some person appointed by the owner, and in such case, if the said two persons agree, there shall be no appeal to the court of survey in pursuance of this section,
Scientific-Referees.
563
A.D. 1876.
persons.
15. If the Board of Trade are of opinion that an appeal under this Act involves a question of construc- Reference in difficult tion or design or of scientific difficulty or important principle, they may refer the matter to such one or more cases to scientific out of a list of scientific referees from time to time approved by a Secretary of State, as may appear to pos- sess the special qualifications necessary for the particular case, and may be selected by agreement between the Board of Trade and the appellant, or in default of any such agreement by a Secretary of State, and thereupon the appeal shall be determined by the referee or referees, instead of by the court of survey.
The Board of Trade, if the appelant in any appeal so require and give security to the satisfaction of the Board to pay the costs of and incidental to the reference, shall refer that appeal to a referee or referees so selected as aforesaid.
The referee or referees shall have the same powers as a judge of the court of survey.
Passenger Steamers and Emigrant Ships.
16. Any steamship may carry passengers not exceeding twelve in number although she has not been Exemption of certain surveyed by the Board of Trade as a passenger steamer, and does not carry a Board of Trade certificate as steamers from pas- provided by the Merchant Shipping Act, 1854, with respect to passenger steamers.
senger certificates.
17. Where the legislature of any British possession provides for the survey of and grant of certificates Colonial certificates for passenger steamers, and the Board of Trade report to Her Majesty that they are satisfied that the cer- for passenger steainers. tificates are to the like effect, and are granted after a like survey, and in such manner as to be equally effi- cient with the certificates granted for the same purpose in the United Kingdom under the Acts relating to
Merchant Shipping, it shall be lawful for Her Majesty by Order in Council----
1. To declare that the said certificates shall be of the same force as if they had been granted under the
said Acts; and
2. To declare that all or any of the provisions of the said Acts which relate to certificates granted for passenger steamers under those Acts shall, either without modification or with such modifications as to Her Majesty may seem necessary, apply to the certificates referred to in the Order; and
3. To impose such conditions and to make such regulations with respect to the said certificates, and to the use, delivery, and cancellation thereof, as to Her Majesty may seem fit, and to impose penalties not exceeding fifty pounds for the breach of such conditions and regulations.
18. In every case where a passenger certificate as been granted to any steamer by the Board of Provision against Trade under the provisions of the Merchant Shipping Act, 1854, and remains still in force, it shall not be double survey in case requisite for the purposes of the employment of such steamer under the Passengers Acts that she shall be of passenger steamers again surveyed in her hull and machinery in order to qualify her for service under the Passengers Act, 1855, and emigrant ships. and the Acts amending the same; but for the purposes of employment under those Acts such Board of Trade certificate shall be deemed to satisfy the requirements of the Passengers Acts with respect to such survey, and any further survey of the hull and machinery shall be dispensed with, and so long as a steamship is an emigrant ship that is a passenger ship within the meaning of the Passengers Act, 1855, and the Acts amend- ing the same, and the provisions contained in the said Passengers Acts as to the survey of her hull, machi- nery, and equipments have been complied with, she shall not be subject to the provisions of the Merchant Shipping Act, 1854, with respect to the survey of and certificate for passenger steamers, or to the enact- ments amending the same.
19. Where a foreign ship is a passenger steamer subject to the Merchant Shipping Act, 1854, and the Provision as to survey Acts amending the same, or an emigrant ship subject to the Passengers Act, 1855, and the Acts amending of foreign passenger the same, and the Board of Trade are satisfied, by the production of a foreign certificate of survey attested steamer or emigrant by a British consular officer at the port of survey, that such ship has been officially surveyed at a foreign ship. port, and are satisfied that the requirements of the said Acts, or any of them, are proved by such survey to have been substantially complied with, the Board may, if they think fit, dispense with any further survey of the ship in respect of the requirements so complied with, and give or direct one of their officers to give a certificate, which shall have the same effect as if given upon survey under the said Acts or any of them: Provided that Her Majesty may by Order in Council direct that this section shall not apply in the case of an official survey at any foreign port at which it appears to Her Majesty that corresponding provisions are not extended to British ships.
20. It shall be lawful for the Board of Trade, if satisfied that the food, space, accomodation, or any Power to modify other particular or thing provided in an emigrant ship for any class of passengers is superior to the food, Passengers Acts as to space, accommodation, or other particular or thing required by the Passengers Act, 1855, and the Acts food, space, and amending the same, to exempt such ship from any of the requirements of those Acts with respect. to food, emigrant ships. space, or accommodation, or other particular or thing, in such manner and upon such conditions as the Board of Trade may think fit.
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