ORDINANCE No. 8 OF 1879.
Merchant Shipping.
Foreign ships, overloading.
10. Where a foreign ship has taken on board all or any part of her cargo at a port in the Colony, and is whilst at that port unsafe by reason of overloading or improper loading, the provisions of this Ordinance with respect to the detention of ships shall apply to that foreign ship as if she were a British ship, with the following modifications:-
(a.) A copy of the order for the provisional detention of the ship shall be forthwith served on the Consular Officer for the State to which the ship belongs.
(b.) Where a ship has been provisionally detained, the Consular Officer, on the request of the owner, or agent, or master of the ship, may require that the person appointed by the Governor to survey the ship shall be accompanied by such person as the Consular Officer may select, and in such case, if the surveyor and such person 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 appeal to the Court of survey touching the report of the surveyor which is before provided by this Ordinance;
(c.) Where the owner, or agent, or master of the ship appeals to the Court of survey, the Consular Officer, on the request of such owner or master, may nominate any competent person or persons to be a member or members of the Court of survey, not exceeding two.
In this section the expression "Consular Officer" means any Consul-General, Vice-Consul, Consular Agent, or other officer recognised by the Governor as a Consular Officer of a Foreign State.
Sending unseaworthy ships to sea.
1497
[M.S.A. 1876, sec. 13.] Application to foreign ships of provisions as to detention.
Sending unseaworthy ship to sea a misdemeanor.
11. Every person who sends or attempts to send, or is a party to sending or attempting to send a British or Colonial ship to sea in such unseaworthy state that the life of any person is likely to be endangered, [M.S.A. 1876, sec. 4.] shall be guilty of a misdemeanor unless he proves that he used all
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ORDINANCE No. 8 OF 1879.
Merchant Shipping.
Foreign ships, overloading.
10. Where a foreign ship has taken on board all or any part of her cargo at a port in the Colony, and is whilst at that port unsafe by reason of overloading or improper loading, the provisions of this Ordinance with respect to the detention of ships shall apply to that foreign ship as if she were a British ship, with the following modifications:-
(a.) A copy of the order for the provisional detention of the ship shall be forthwith served on the Consular Officer for the State to which the ship belongs.
(6.) Where a ship has been provisionally detained, the Consular Officer, on the request of the owner, or agent, or master of the ship, may require that the person appointed by the Governor to survey the ship shall be accompanied by such person as the Consular Officer may select, and in such case, if the surveyor and such person 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 appeal to the Court of survey touching the report of the surveyor which is before provided by this Ordinance; and
(c.) Where the owner, or agent, or master of the ship appeals to the Court of survey, the Consular Officer, on the request of such owner or master, may nominate any competent person or persons to be a member or members of the Court of survey, not exceeding two.
In this section the expression "Consular Officer" means any Consul- eneral, Vice-Consul, Consular Agent, or other officer recognised by the Governor as a Consular Officer of a Foreign State.
Sending unseaworthy ships to sea.
1497
[M.S.A. 1876, sec. 13.1 Application to foreign ships of provisions as to detention.
Sending unseaworthy ship to sea a misdemeanor.
11. Every person who sends or attempts to send, or is a party to sending or attempting to send a British or Colonial ship to sea in such unseaworthy state that the life of any person is likely to be endangered, M.S.A. 1876, shall be guilty of a misdemeanor unless he proves that he used all
sec. 4.]
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