1912_MERCHANT_SHIPPING_ORDINANCE__1899 — Page 39

980

Power to require security for costs from complainant.

Supplement-

ary provisions as to

detention of

ships.

[Act of 1894, s. 780.]

Application to foreign ships of provisions

as to

detention.

No. 10 of 1899.

MERCHANT SHIPPING.

(7) Where a complaint is made to the Governor that a British or colonial ship is unsafe, he may require the complainant to give security, to his satisfaction, for the costs and compensation which may be incurred by the Government, and any action that may be necessary to enforce such security may be brought in the name of the Attorney General: Provided that where the complaint is made by one-fourth, being not less than 3, of the seamen belonging to the ship and is not, in the opinion of the Governor, frivolous or vexatious, such security shall not be required, and the Governor shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained under this Ordinance.

(8) (a) An order for the detention of a ship, whether provisional or final, and an order varying the same, shall be served as soon as may be on the master of the ship.

(b) When a ship has been detained under this Ordinance, she shall not be released by reason of her British or colonial register being subsequently closed.

(c) For the purposes of a survey under this section, any person authorised to make the same may go on board the ship and inspect. the same and every part thereof and the machinery, equipment, and cargo, and may require the unloading or removal of any cargo, ballast, or tackle.

(d) The provisions of the Merchant Shipping Acts with respect to persons who wilfully impede an inspector shall apply as if those provisions were herein enacted, with the substitution for the inspec- tor of any member of the Court of Survey, assessor, or surveyor, who, under this section, has the same powers as an inspector or has authority to survey a ship.

Overladen Foreign Ships.

18. When a foreign ship whilst in the waters of the Colony is unsafe by reason of the defective condition of the hull, equipments, or machinery, or 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 :-

(1) a copy of the order for the provisional detention of the ship shall be forthwith served on the consular officer for the State to

* As amended by No. 9 of 1909.

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