952
No. 10 of 1899.
MERCHANT SHIPPING.
[s. 17 contd.] 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 Government 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 No. 3 of 1901, provisions of the Code of Civil Procedure relating to actions ss. 478 to 482. against the Government shall apply to such action.
Ordinance
Power to require security for costs from
(7) Where a complaint is made to the Governor that a British 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 three, 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.
Supplementary provisions as to detention of ships.
[cf. 57 & 58 Vict. c. 60, s. 730.]
(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) A ship which has been detained under this Ordinance, shall not be released by reason of the British register of such ship 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 inspector 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.
952
No. 10 of 1899.
MERCHANT SHIPPING.
[s. 17 contd.] 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 Government 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 No. 3 of 1901, provisions of the Code of Civil Procedure relating to actions ss. 478 to 482. against the Government shall apply to such action.
Ordinance
Power to require security for costs from
(7) Where a complaint is made to the Governor that a British ship is unsafe, he may require the complainant to give security, to his satisfaction, for the costs and compensa- complainant. tion 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 three, of the seamen belonging to the ship and is not, in the opinion of the Governor, frivolous or vexations, 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.
Supplemen- tary provi-
sions as to detention of ships.
[cf. 57 & 58
Vict. c. 60, s. 730.]
(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) A ship which has been detained under this Ordinance, shall not be released by reason of the British register of such ship 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 inspector 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.
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