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THE HONGKONG GOVERNMENT GAZETTE, 22ND FEBRUARY, 1873.

fit condition to proceed to sea, or that the accommodation in such ship is insufficient, the court having cognizance of the case shall take such means as may be in their power to satisfy themselves concerning the truth or untruth of such allegation, and shall for that purpose receive the evidence of the person or persons making the same, and shall have power to summon any other witnesses whose evidence they may think it desirable to hear; the Court shall thereupon, if satisfied that the allegation is groundless, pro- ceed to adjudicate, but if not so satisfied shall cause such ship to be surveyed.

Provided that no seainan or apprentice charged with desertion, or with quitting his ship without leave, shall have any right to apply for a survey under this section maless previously to his quitting his ship he has complained to the master of the cir- cumstances so alleged in justification.

For the purposes of this section, the court shall require any of the surveyors appointed by the Board of Trade, under the Merchant Shipping Act, 1854, or any person appointed for the purpose by the Board of Trade, or, if such surveyor or person Cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the court, competent to deal with the special circumstances of the case, then any other impartial surveyor appointed by the court, and having no interest in the ship, her freight, or cargo, to survey the ship, and to answer any question concerning her which the court may think fit to put. Such surveyor or other person shall survey the ship, and make his report in writing to the court, including an answer to every question put to him by the court. The court shall cause such report to be communicated to the parties, and unless it is proved to the satisfaction of the court that the opinions expressed in such report are erroneous, the court shall determine the questions before them in accordance with those opinions.

For the purposes of such survey, a surveyor shall have all the powers of an in- spector appointed by the Board of Trade, under the Merchant Shipping Act, 1854.

The costs (if any) of the survey shall be determined by the Board of Trade accord- ing to a scale of fees to be fixed by them, and shall be paid in the first instance out of the Mercantile Marine Fund.

If it is proved to the satisfaction of the court that the ship is in a fit condition to proceed to sea, or, as the case may be, that the accommodation is sufficient, the costs of the survey shall be paid by the person or persons upon whose demand, or in consequence of whose allegation, the survey was made, and may be deducted by the master or owner out of the wages due or to become due to such person or persons, and shall be paid over to the Board of Trade.

If it is proved that the ship is not in a fit condition to proceed to sea, or, as the case may be, that the accommodation is insufficient, the costs of the survey shall be paid to the Board of Trade by the master or owner.

survey of ships.

8. Any naval court may, if they think fit, direct a survey of any ship which is the Power for naval subject of an investigation held before them, and such survey shall be made in the same courts to direct way, and the surveyor who makes the same shall have the same powers, as if the survey Iad been directed by a competent court in the course of proceedings against a seaman or apprentice for desertion or a kindred offence.

Safety (Part IV. of Merchant Shipping Act, 1854).

&c. of vessel.

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9. In every case of collision between two vessels it shall be the duty of the master In cases of collision of each vessel to give to the master of the other vessel the name of his own vessel, and master to give name,

her port of registry, or of the port or place to which she belongs, and also the names of the ports or places from which and to which she is bound.

Any failure to give such information, except under circumstances which render it impossible or unnecessary to do so (proof of which shall lie on the master failing to give it), shall involve the same consequences as failure to render assistance to the other Vessel, or to the master, crew, or passengers thereof.

In this section the term "vessel" includes any vessel used in navigation, how- ever propelled.

10. If complaint is made to the Board of Trade that any British ship is, by reason Power to Board of of the defective condition of her hull or equipments, unfit to proceed to sea, the Trade to declare ship Board may cause such ship to be surveyed by one of the surveyors appointed by unseaworthy. them, and if such surveyor report that the hull or equipments of such ship is or are in *ch a state that she could not proceed to sea without serious danger to human life, the ard of Trade may declare such ship to be unseaworthy, and thereupon any principal ollicer of Customs may detain such ship.

Every such complaint shall be in writing, and shall state the name and address of the complainant, and a copy of the complaint, including the name and address of the complainant, shall before or during such survey be given by the Board of Trade to the master or to an owner of the ship.