by
ORDINANCE No. 8 of 1879.
Merchant Shipping.
makes such survey, may require that he shall be accompanied by such person of nautical, engineering, or other special skill and experience to be approved by the Governor as the owner, or agent, or master may select, and in such case, if the surveyor and assessor agree, the Governor shall cause the ship to be detained or released accordingly, but if they differ, the Governor may act as if the requisition had not been made, and the owner, or agent, and master shall have the like appeal touching the report of the surveyor as is before provided by this section.
(f.) Where a ship is provisionally detained, the Governor may at any time, if he thinks it expedient, refer the matter to the Court of survey
(g.) The Governor may, at any time, if satisfied that a ship detained under this Ordinance is not unsafe, order her to be released either upon or without any conditions.
2. If it appears that there was not reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner or agent, for the provisional detention of the ship, the Governor shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.
If a ship is finally detained under this Ordinance, or if it appears that a ship provisionally detained was, at the time of such detention, unsafe within the meaning of this Ordinance, the owner of the ship shall be liable to pay to the Governor his costs of and incidental to the detention and survey of the ship, and those costs shall, without prejudice to any other remedy, be recoverable in a summary way before any Stipendiary Magistrate.
For the purposes of this Ordinance the costs of and incidental to any proceeding before a Court of survey and a reasonable amount in respect of the remuneration of the surveyor of the Governor shall be deemed to be part of the costs of the detention and survey of the ship, and any dispute as to the amount of costs under this Ordinance may be referred to the Registrar of the Supreme Court, who, on request made to him for that purpose by the Governor, shall ascertain and certify the proper amount of such costs.
1495
[M.S.A. 1876, sec. 10.] Liability of the Governor and ship-owner for costs and damages.
by
ORDINANCE No. 8 or 1879.
Merchant Shipping.
makes such survey, may require that he shall be accom- panied by such person of nautical, engineering, or other special skill and experience to be approved by the Gov- ernor as the owner, or agent, or master may select, and in such case, if the surveyor and assessor agree, the Governor shall cause the ship to be detained or released accordingly, but if they differ, the Governor may act as if the requisition had not been made, and the owner, or agent, and master shall have the like appeal touching the report of the surveyor as is before provided by this section..
(f.) Where a ship is provisionally detained, the Governor may
at a
any time, if he thinks it expedient, refer the matter to the Court of survey
(g.) The Governor may, at any time, if satisfied that a ship detained under this Ordinance is not unsafe, order her to be released either upon or without any conditions. 2. If it
appears
that there was not reasonable and probable cause, reason of the condition of the ship or the act or default of the owner or agent, for the provisional detention of the ship, the Governor shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.
If a ship is finally detained under this Ordinance, or if it appears that a ship provisionally detained was, at the time of such detention, unsafe within the meaning of this Ordinance, the owner of the ship shall be liable to pay to the Governor his costs of and incidental to the deten- tion and survey of the ship, and those costs shall, without prejudice to any other remedy, be recoverable in a summary way before any Stipendiary Magistrate.
For the purposes of this Ordinance the costs of and incidental to any proceeding before a Court of survey and a reasonable amount in respect of the remuneration of the surveyor of the Governor shall be deemed to be part of the costs of the detention and survey of the ship, and any dispute as to the amount of costs under this Ordinance may be referred to the Registrar of the Supreme Court, who, on request made to him for that purpose by the Governor, shall ascertain and certify the proper amount of such costs.
1495
[M.S.A. 1876, sec. 10.] Liability of the Governor. and ship-
owner for costs and damages.
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