MERCHANT SHIPPING.
No. 10 of 1899.
635
to any other remedy, be recoverable in a summary way before [s. 17 contd.] a 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 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 Ordinance provisions of the Code of Civil Procedure relating to actions against the Government shall apply to such action.
No. 3 of 1901, ss. 478 to 482.
Power to require security for complainant.
(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 [cf. 57 & 58 Vict. c. 60, s. 461.] 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.
(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 authorized to make the same may go on board the ship and inspect the same and every part thereof and the machinery,
Supplemen-tary provisions as to detention of ships.
MERCHANT SHIPPING.
No. 10 of 1899.
635
to any other remedy, be recoverable in a summary way before [s. 17 contd.] a 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 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 Ordinance provisions of the Code of Civil Procedure relating to actions against the Government shall apply to such action.
No. 3 of
1901, ss. 478 to 482.
Power to require security for
complainant.
(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 costs from may be incurred by the Government, and any action that may [cf. 57 & 58 be necessary to enforce such security may be brought in the Vict. c. 60,
s. 461.] name of the Attorney General: Provided that where the com- plaint 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.
(8) (a) An order for the detention of a ship, whether pro- visional 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 authorized to make the same may go on board the ship and inspect the same and every part thereof and the machinery,
Supplemen- tary provi-
sions as to detention of ships.
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