1912_MERCHANT_SHIPPING_ORDINANCE__1899 — Page 38

MERCHANT SHIPPING.

No. 10 of 1899.

979

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such case if the surveyor and assessor agree, the Governor shall cause (s. 17 the ship to be detained or released accordingly, but if they differ, contd.]

the Governor may act as if the requisition had not been made, and the owner, 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; and

(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.

owner for

costs and damages.

(6) (a) If it appears that there was not reasonable and probable Liability of

Government cause, by reason of the condition of the ship or the act or default of

and of ship- the owner or agent, for the provisional detention of the ship, the Government 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.

(b) 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 the owner of the ship shall be liable to pay to the Government the costs of and incidental to the detention and survey of the ship, and such costs shall, without prejudice to any other remedy, be recoverable in a summary way before a Stipendiary Magistrate.

(c) 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, shall 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.

(d) A claim for any costs or compensation payable by the Govern- ment under this section may be brought against the Attorney General in an action brought by the plaintiff as claimant against the Attorney General as defendant, and the provisions of the Code of Civil Procedure relating to actions against the Government shall No. 3 of 1901,

88.478-482. apply to such action.