1912_MERCHANT_SHIPPING_ORDINANCE__1899 — Page 74

MERCHANT SHIPPING.

No. 10 of 1899.

1015

by be

S,

or

with this

wise

agis-

and

wise

ner;

ices,

have

ader

able

e to the

ient

the

P of

cre

ɩme

}

› be

lere

ing

ent

1

is

; of

on

.00

888

or

Power to

(6) Where under this Ordinance it is enacted that, under certain [s. 41 conditions, a ship shall not leave the waters of or any port of the contd.] Colony, it shall be lawful for the Harbour Master, under such con- ditions, to detain the ship until he is satisfied that the provisions of the law have been fulfilled.

detain ship

in certain

cases.

M. S. Act, 1894, s. 692 (3).

to Penalty for taking detained ship

(7) Where under this Ordinance a ship is authorised or ordered 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 per- son is party or privy to the offence, shall be liable to a fine not exceeding 500 dollars.

(8) Where a ship so proceeding to sea takes to sea, when on board thereof in the execution of his duty, any officer authorised 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 fine not exceeding 500 dollars, or, if the offence is not prosecuted summarily, not exceeding 50 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 was taken, and such expenses may be recovered in like manner as the penalty.

to sea.

Penalty for taking to sea officer

authorised to detain ship,

etc.

(9) Any exception, exemption, proviso, excuse, or qualification in Rule as to

proof of relation to any offence under the Merchant Shipping Acts or under

exception, this Ordinance, whether it does or does not accompany in the same etc. section the description of the offence, may be proved by the de- fendant, 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.

certificate, etc.

(10) Every person who, with intent to defraud, forges or alters, Forgery of 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, shall be guilty of felony, and shall be liable to imprisonment for any term not exceeding 7 years.