A.D. 1899.]
MERCHANT SHIPPING.
[No. 10.
513
shall be lawful for the Harbour Master under such conditions to detain the ship until he is satisfied that the provisions of the law have
M. S. Act, 1894, s. 692 (3.) been fulfilled.
(7.) Where under this Ordinance a ship is authorized or ordered to be detained, if the ship, after such detention or after service on the master of any notice of or order for such detention, proceeds or attempts to proceed to sea before it has been released by competent authority, the master of the ship, and also the owner or agent, and any person who sends the ship to sea, if such owner, agent, or person is party or privy to the offence, shall be liable to a penalty not exceeding five hundred dollars.
(8.) Where a ship so proceeding to sea takes to sea, when on board thereof in the execution of his duty, any officer authorized to detain the ship or any surveyor or officer appointed by the Governor, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and shall also be liable to a penalty not exceeding five hundred dollars, or, if the offence is not prosecuted in a summary manner, not exceeding fifty dollars for every day until the officer or surveyor returns, or until such time as would enable him, after leaving the ship, to return to the port from which he is taken, and such expenses may be recovered in like manner as the penalty.
(9.) Any exception, exemption, proviso, excuse, or qualification in relation to any offence under the Merchant Shipping Act, 1894, or under this Ordinance, whether it does or does not accompany in the same section the description of the offence, may be proved by the defendant, but need not be specified or negatived in any information or complaint, and, if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.
Penalty for officer authorized to detain ship, etc. taking to sea
Rule as to proof of exception, etc.
57 & 68 Vict. c. 60.
certificate, etc.
(10.) Every person who, with intent to defraud, forges or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any certificate, ticket, document, matter, or thing mentioned in this Ordinance, or in any regulation made thereunder, shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Supreme Court, to imprisonment with or without hard labour, for any term not exceeding seven years.
Rules and Regulations.
42.-(1.) In addition to the powers hereinbefore given, it shall be lawful for the Governor-in-Council from time to time to make rules and
35A
Power to make rules and regulations
A.D. 1899.]
MERCHANT SHIPPING.
[No. 10.
513
shall be lawful for the Harbour Master under such conditions to M. S. Act, detain the ship until he is satisfied that the provisions of the law have 1894, s. 692
(3.) been fulfilled.
(7.) Where under this Ordinance a ship is authorized or ordered to Penalty for be detained, if the ship, after such detention or after service on the taking
detained ship master of any notice of or order for such detention, proceeds or attempts to sea. to proceed to sea before it has been released by competent authority, the master of the ship, and also the owner or agent, and any person who sends the ship to sea, if such owner, agent, or person is party or privy the offence, shall be liable to a penalty not exceeding five hundred dollars.
(8.) Where a ship so proceeding to sea takes to sea, when on board thereof in the execution of his duty, any officer authorized to detain the ship or any surveyor or officer appointed by the Governor, the owner and master of the ship shall each be liable to pay all expenses of and inci- dental to the officer or surveyor being so taken to sea, and shall also be liable to a penalty not exceeding five hundred dollars, or, if the offence is not prosecuted in a summary manner, not exceeding fifty dollars for every day until the officer or surveyor returns, or until such time as would enable him, after leaving the ship, to return to the port from which he is taken, and such expenses may be recovered in like manner as the penalty.
(9.) Any exception, exemption, proviso, excuse, or qualification in relation to any offence under the Merchant Shipping Act, 1894, or under this Ordinance, whether it does or does not accompany in the same section the description of the offence, may be proved by the defen- dant, but need not be specified or negatived in any information or complaint, and, if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.
.
Penalty for
officer autho- rized to detain ship, etc.
taking to sea
Rule as to proof of
57 & 68 Vict. exception, etc.
c. 60.
certificate, etc.
(10.) Every person who, with intent to defraud, forges or alters, or Forgery of offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any certificate, ticket, document, matter, or thing mentioned in this Ordinance, or in any regulation made thereunder, shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Supreme Court, to imprisonment with or without hard labour, for any term not exceeding seven years.
Rules and Regulations.
42.-(1.) In addition to the powers hereinbefore given, it shall be lawful for the Governor-in-Council from time to time to make rules and
35A
Power to make rules
and regula-
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