the-ordinances-of-the-legislative-counci-1890v3 — Page 212

ORDINANCE No. 8 OF 1879 . 1495


Merchant Shipping.


makes such survey, may require that he shall be accom
panied by such person of nautical, engineering, or other
special skill and experience to be approved by the Gov

ernor as the owner, or agent, or master may select ,
and in such case, if the surveyor and assessor agree, the
Governor shall cause the ship to be detained or released
accordingly, but if they differ, the Governor may act as

if the requisition had not been made, and the owner , or
agent, and master shall have the like appeal touching
the report of the surveyor as is before provided by this
section.

(f. ) Where a ship is provisionally detained , the Governor may
at any time, if he thinks it expedient, refer the matter to
the Court of survey .

(g . ) The Governor may, at any time, if satisfied that a ship
detained under this Ordinance is not unsafe, order her

to be released either upon or without any conditions .
2. If it appears that there was not reasonable and probable cause , [M.S.A. 1876 ,
sec. 10. ]
by reason of the condition of the ship or the act or default of the owner Liability of
the Governor
or agent , for the provisional detention of the ship, the Governor shall be and ship
owner for
liable to pay to the owner of the ship his costs of and incidental to the costs and
damages.
detention and survey of the ship, and also compensation for any loss or
damage sustained by him by reason of the detention or survey.
If a ship is finally detained under this Ordinance, or if it appears
that a ship provisionally detained was, at the time of such detention ,
unsafe within the meaning of this Ordinance, the owner of the ship shall
be liable to pay to the Governor his costs of and incidental to the deten

tion and survey of the ship , and those costs shall , without prejudice to
any other remedy , be recoverable in a summary way before any Stipendiary
Magistrate.
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 of the Governor shall be deemed to
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.