the-ordinances-of-the-legislative-counci-1890v3 — Page 211

1494 ORDINANCE No. 8 of 1879 .


Merchant Shipping.


exceeding $ 250 in addition to a penalty not exceeding $5 for every
passenger carried in excess of such proportion .

Unseaworthy ships.

[M.S.A. 1876, 9. Where a British or Colonial ship being in any port of the Colony ,
sec. 6. ]
Power to is by reason ofthe defective condition of her hull, equipment , or machinery ,
detain unsafe
ships, and or by reason of overloading or improper loading, unfit to proceed to sea
procedure for
such deten without serious danger to human life, having regard to the nature of the
tion.
service for which she is intended , any such ship ( hereinafter referred to
as " unsafe ") may be provisionally detained for the purpose of being
surveyed, and either finally detained or released, as follows :

(a . ) The Governor, if he has reason to believe on complaint ,
or otherwise, that a British or Colonial ship is unsafe,
may provisionally order the detention of such ship for
the purpose of being surveyed.

(b . ) When a ship has been provisionally detained, there shall
be forthwith served on the master of the ship a written
statement of the grounds of her detention , and the Gov

ernor may, if he thinks fit, appoint some competent
person or persons to survey the ship and report to him.

(c. ) The Governor on receiving the report may either order the
ship to be released , or, if in his opinion the ship is
unsafe,may order her to be finally detained, either abso
lutely or until the performance of such conditions with

respect to the execution of repairs or alterations , or the
unloading or reloading of cargo as the Governor thinks

necessary for the protection of human life , and may ,
from time to time, vary or add to any such order.

(d. ) Before the order for final detention is made, a copy of the
report shall be served upon the master of the ship , and
within seven days after such service the owner, or agent,

or master of the ship may appeal in the prescribed
manner to the Court of survey constituted under chapter
3, section 13, subsection 10 , of this Ordinance.

(e. ) Where a ship has been provisionally detained , the owner,
or agent , or master of the ship, at any time before the

person appointed under this section to survey the ship