A.D. 1899.]
MERCHANT SHIPPING.
[No. 10.
511
the Governor-in-Council, and any one or more of such persons or passengers is or are drowned in consequence thereof, every person who is in charge of such boat or other vessel shall be guilty of a misdemeanor, and may be punished therefor, without prejudice to any civil remedy and in addition to any penalty provided for under the aforesaid regulations.
PART XI.
GENERAL PROVISIONS.
Prosecution of Offences and Procedure.
shall hereafter ord. 9 of 1909 s. 14
Application of certain parts of Merchant Shipping Act.
41.-(1.) So much of the provisions of the Merchant Shipping Act, 1894, and of any Acts amending the same which are in force in England and are inconsistent with the provisions of this Ordinance are hereby repealed; but in all other respects the provisions of the Merchant Shipping Act, 1894, and of any Acts amending the same which are in force in England shall be in force in this Colony, and in particular so far as relates to much of the various provisions of the Merchant Shipping Act, 1894, and of other Acts amending the same, not being inconsistent with the provisions of this Ordinance and in force in England, as relates to rights to wages and remedies for the recovery thereof, to leaving seamen abroad, to the provisions, health, and accommodation of seamen, to the power of seamen to make complaints, to the protection of seamen from imposition, to discipline, to official logs, and to crimes committed abroad shall apply, mutatis mutandis and so far as the same can be extended, to all ships registered in this Colony, when such ships are within the jurisdiction of this Government, and to the owners, masters, and crews of such ships.
(See: 16 of 1963; 2 of 1963)
so far as the provisions of the Acts are not or shall not be inconsistent with the provisions of this Ordinance.
Trial in the Colony of misdemeanors and offences under Merchant Shipping Act, 1894.
(2.)-(a.) Every offence declared by the Merchant Shipping Act, 1894, or by this Ordinance, to be a misdemeanor may, if tried in this Colony, be tried by the Supreme Court in the same manner as other misdemeanors are tried, and may also, unless otherwise expressly provided, instead of being prosecuted before the Supreme Court, be prosecuted summarily in accordance with the procedure provided by the Magistrates Ordinance, 1890, or any Ordinance amending the same, No. 3 of 1890, but, if so prosecuted, shall be punishable by the Stipendiary Magistrate only with imprisonment, with or without hard labour, for a term not exceeding six months or with a penalty not exceeding one thousand dollars.
(b.) Every offence made punishable by the Merchant Shipping Act, 1894, by imprisonment, with or without hard labour, for a term not exceeding six months or by a fine not exceeding one hundred pounds may be prosecuted summarily before any Stipendiary Magistrate, and be punished by imprisonment, with or without hard labour, for a term...
35
Page 65
Page 66
A.D. 1899.]
MERCHANT SHIPPING.
[No. 10.
511
the Governor-in-Council, and any one or more of such persons or pas- is or are drowned in consequence thereof, every person who is in sengers charge of such boat or other vessel shall be guilty of a misdemeanor, and may be punished therefor, without prejudice to any civil remedy and in addition to any penalty provided for under the aforesaid regulations.
PART XI.
GENERAL PROVISIONS.
Prosecution of Offences and Procedure. ·
shall hereafts ord. 9of 190995.14
Application of
certain parts
of Merchant. Shipping Act,
fol
41.-(1.) So much of the provisions of the Merchant Shipping Act, 1894, and of any Acts amending the same which are in force in Eng land and are inconsistent with the provisions of this Ordinance are hereby repealed; but in all other respects the provisions of the Merchant/57 & 58 Vict. Shipping Act, 1894, and of any Acts amending the same which are in c. 60. force in England shall be in force in this Colony, and in particular sofar as relates to much of the various provisions of the Merchant Shipping Act, 1894, chips registered in and of other Acts amending the same, not being inconsistent with the provisions of this Ordinance and in force in England, as relates to rights to wages and remedies for the recovery thereof, to leaving seamen abroad, to the provisions, health, and accommodation of seamen, to the power of seamen to make complaints, to the protection of seamen from imposition, to discipline, to official logs, and to crimes committed abroad shall apply, mutatis mutandis and so far as the same can be extended, to all ships registered in this Colony, when such ships are within the
*
Jurisdiction of this Government, and to the owners, masters, and crews of such ships.
+
(See: 16 of Ond: 2 of
1963)
sofar as the provisions of the Acts are not or shall not be inconsistent with the provisions of this ordinan
Trial in
the Colony of misdemea-
nors and Merchant
offences under
1894.
(2.)-(a.) Every offence declared by the Merchant Shipping Act, 1894, or by this Ordinance, to be a misdemeanor may, if tried in this Colony, be tried by the Supreme Court in the same manner as other misdemeanors are tried, and may also, unless otherwise expressly pro- vided, instead of being prosecuted before the Supreme Court, be Shipping Act, prosecuted summarily in accordance with the procedure provided by the Magistrates Ordinance, 1890, or any Ordinance amending the same, No. 3 of 1890. but, if so prosecuted, shall be punishable by the Stipendiary Magistrate only with imprisonment, with or without hard labour, for a term not exceeding six months or with a penalty not exceeding one thousand dollars. (6.) Every offence made punishable by the Merchant Shipping Act, 1894, by imprisonment, with or without hard labour, for a term not exceeding six months or by a fine not exceeding one hundred pounds.
be prosecuted summarily before any Stipendiary Magistrate, and be punished by imprisonment, with or without hard labour, for a
may
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