the-ordinances-of-the-legislative-counci-1890v3 — Page 214

ORDINANCE No. 8 OF 1879 . 1497


Merchant Shipping.


Foreign ships, overloading.

10. Where a foreign ship has taken on board all or any part of her [ M.S.A. 1876,
sec. 13. ]
cargo at a port in the Colony, and is whilst at that port unsafe by reason Application
to foreign
of overloading or improper loading, the provisions of this Ordinance with ships of
provisions as
respect to the detention of ships shall apply to that foreign ship as if she to detention.
―
were a British ship , with the following modifications :

(a. ) A copy of the order for the provisional detention of the
ship shall be forthwith served on the Consular Officer for
the State to which the ship belongs.


(b. ) Where a ship has been provisionally detained , the Consular
Officer, on the request of the owner, or agent, or master

of the ship , may require that the person appointed by
the Governor to survey the ship shall be accompanied
by such person as the Consular Officer may select , and
in such case , if the surveyor and such person 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 appeal to the Court
of survey touching the report of the surveyor which is

before provided by this Ordinance ; and

(c. ) Where the owner, or agent, or master of the ship appeals
to the Court of survey, the Consular Officer, on the
request of such owner or master, may nominate any
competent person or persons to be a member or members

of the Court of survey , not exceeding two.

In this section the expression " Consular Officer " means any Consul

General, Vice- Consul , Consular Agent, or other officer recognised by the
Governor as a Consular Officer of a Foreign State.


Sending unseaworthy ships to sea.


11. Every person who sends or attempts to send , or is a party to Sending
unseaworthy
Sending or attempting to send a British or Colonial ship to sea in such ship to sea a
misdemeanor.
inseaworthy state that the life of any person is likely to be endangered, M.S.A. 1876 .
see . 4.]
Shall be guilty of a misdemeanor unless he proves that he used all