« PreviousContinue »
Duties on Wreck.
to duties, &c., on wrecked
56.-(1) All wreck, being foreign goods brought or coming into Provisions as the Colony, shall be subject to the same duties as if the same was imported into the Colony, and if any question arises as to the origin goods. of the goods, they shall be deemed to be the produce of such country as the Collector of Customs may on investigation determine.
(2) The Collector of Customs shall permit all goods, wares and merchandise saved from any ship stranded or wrecked on her homeward voyage to be forwarded to the port of her original destination, and all goods, wares and merchandise saved from any ship stranded or wrecked on her outward voyage to be returned to the port at which the same were shipped; but the Collector of Customs shall take security for the due protection of the revenue in respect of those goods.
57. All offences under this Ordinance, except offences under District Comsection 35, may be heard and determined before a District missioners Commissioner.
may hear offences.
FEES AND REMUNERATION OF RECEIVER.
For every examination on oath instituted by a Receiver with respect to any vessel which may be or may have been in distress a fee not exceeding
But so that in no case shall a larger fee than two pounds be charged for examinations taken in respect of the same vessel and the same occurrence, whatever may be the number of the deponents.
For every report required to be sent by the Receiver to the Secretary of Lloyd's in London, or to the agent for Lloyd's for the district, the sum of.
For wreck taken by the Receiver into his custody a percentage of five per cent. upon the value thereof. But so that in no case shall the whole amount of percentage so payable exceed twenty pounds.
In cases where any services are rendered by a Receiver in respect of any vessel in distress not being wreck, or in respect of the cargo or other articles belonging thereto, the following fees instead of a percentage that is to say,
If such vessel with her cargo equals or exceeds in value six hundred pounds, the sum of two pounds for the first and the sum of one pound for every subsequent day during which the Receiver is employed on such service, but if such vessel with her cargo is less in value than six hundred pounds one moiety of the above-mentioned sum.
£ s. d.
1 0 0
0 10 0
Appointment 2. It shall be lawful for the Governor to appoint either perof Surveyors. manently, or from time to time, fit and proper persons to be
surveyors of steam vessels under this Ordinance.
Surveyors may direct repairs.
STEAM VESSELS (SURVEY).
3. The owners, agents or masters of all steam vessels provessels to be ceeding to sea from or plying with passengers within the waters of surveyed. the Colony and Protectorate shall cause such vessels to be surveyed by two surveyors appointed under this Ordinance in manner hereinafter mentioned, and such survey shall be held subsequently at least once a year in respect of each such vessel as aforesaid: provided that in the case of a vessel arriving within the waters of the Colony or Protectorate having a certificate of survey of the Board of Trade or corresponding foreign certificate recognised by the Board of Trade still in force no survey shall be made-except under section 4-until such time as such certificate shall lapse: and provided further that no certificate granted for a longer period than one year shall be recognized after the expiration of one year from the date of the grant of such certificate.
1. This Ordinance may be cited as "The Passengers Steam Vessels Survey Ordinance."
4. If the said surveyors find that any steam vessel under survey by them is not provided in all respects, as prescribed by this Ordinance, or requires repairs or additions to the vessel or her machinery, boats, equipments or articles on board thereof, the said surveyors shall give notice in writing to that effect, to the person having the vessel surveyed, pointing out the deficiencies or defects, and requiring the same to be supplied or made good: and shall not grant their certificate of survey till the same are supplied or made good to their satisfaction: provided that the vessel may be allowed to proceed direct to a dry dock to effect the repairs required, but shall not carry passengers during such voyage.
5. The Governor in Council may, from time to time, make, and Governor when made alter, amend or revoke, rules as to the manner in may make which surveys under this Ordinance shall be made, and the times and places of such surveys, the nature, quality and quantity of the equipments which steam vessels shall be required to carry and the duties of the surveyors and may also fix the amount of remuneration to be paid to the surveyors, apart from fees for certificates of survey provided that the equipment required shall not exceed the Proviso. Board of Trade requirements except that special equipment may be required in the case of vessels used in the trans-shipment of passengers in open roadsteads.
6. For every certificate of survey granted under this Ordinance Fees for the owner, agent or master of the steam vessel surveyed shall pay a fee calculated on the tonnage of the vessel, according to the rates in Schedule A, or to such other rates as may be from time to time fixed by the Governor in Council and published in the Government Gazette.
7. When any survey is made under this Ordinance the surveyors When certifimaking such survey shall forthwith, if satisfied that they can with cate may be propriety do so, and on payment by the owner, agent or master of granted. the fees prescribed by this Ordinance, give to the owner, agent or master of the steam vessel surveyed a certificate of survey signed by them, and framed, as nearly as the circumstances of each case will admit, in the form set forth in Schedule B, and setting out the length of time for which the certificate is to be in force, not exceeding one year in any case.
All such certificates shall, before being issued, be signed by the Certificate to Colonial Secretary in the Colony and by the Provincial Commis- be signed by sioner in the Eastern and Central Provinces without charge, and a Secretary or duplicate certificate signed in like manner shall be kept on record Provincial in the office of the Marine Department at the port where the Comcertificate is granted.
8. The certificates of the surveyors shall contain statements of Particulars of the following particulars :
(a) That the hull of the vessel is sufficient for the service intended and in good condition.
(b) That the boats, life buoys, lights, signals and compasses are such as are required by the Merchant Shipping Act, 1894. (c) That in the case of vessels used in the trans-shipment of passengers in open roadsteads the special equipment is such as is required by any rules made under section 5 of this Ordinance.
(d) That adequate shelter is provided for deck passengers.
(e) The time (if less than one year) for which the said hull and equipments will be sufficient.
Certificates to be hung up in vessel.
Certificates not to be in force after
case of vessels
absent from port.
Certificates to be delivered up when expired or revoked.
(f) The limits (if any) beyond which, as regards the hull and equipments, the vessel is in the surveyors' judgment not fit to ply.
(g) The number of passengers which the vessel is in the judgment of the surveyors fit to carry, distinguishing if necessary between the respective numbers to be carried on the deck and in the cabins and in different parts of the deck and cabins: those numbers to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried or other circumstances, as the case requires.
(h) That the certificates of the master and mate or mates, engineer or engineers, are such as are required by this Ordinance.
(i) That the machinery of the vessel is sufficient for the service intended and in good condition.
(j) The time (if less than one year) for which the machinery will be sufficient.
(k) That the safety valves and fire hose are such and in such
(1) The limit of the weight to be placed on the safety valves.
9. Each certificate of survey granted by surveyors under this Ordinance shall be hung up, and remain at all times suspended, in some conspicuous part of the vessel for which the same is granted where the same may be easily read; and, in default of compliance with this provision, every owner, agent, master, or other person in charge, shall be liable to a penalty not exceeding five pounds for every day or part of a day on which such certificate is not so displayed.
10. No certificate of survey granted under this Ordinance shall be held to be in force for the purposes of this Ordinance after the expiration of the time for which the same was granted:
Provided that if any steam vessel surveyed under this Ordinance is absent from the Colony and Protectorate when her certificate of survey last granted expires, no penalty shall be incurred in the Colony or Protectorate for want of a certificate of survey, until she first begins to ply or is about to ply after her next subsequent return to the Colony or Protectorate.
11. The Governor may require any certificate of survey granted under this Ordinance which has expired, or has been revoked or cancelled, to be delivered up as may be directed, and any owner or
agent or master, or any other person who, without reasonable cause, neglects or refuses to comply with such requirement, shall incur a penalty not exceeding five pounds for each offence.
12. At the requisition of the Marine Superintendent or officer Surveyors to in charge of the Marine Department at the port, it shall be lawful have power to inspect. for any two surveyors appointed under this Ordinance to go on board any steam vessel within the waters of the Colony or Protectorate at all reasonable times and to inspect the same, or any part thereof, or any of the machinery, boats, equipments, or articles on board thereof, or any certificates of the master, mates, helmsmen, engineers, boatswains, or engine drivers, to which the provisions of this Ordinance, or any of the rules to be made by virtue thereof, apply, not unnecessarily detaining or delaying the ship from proceeding on any voyage; and if, in consequence of any accident to any such steam vessel or for any other reason, they consider it necessary so to do, to require the steam vessel to be re-surveyed and, if they think fit, to be taken into dock for the purpose of surveying the hull thereof.
Any person who shall refuse access to such surveyors or shall Penalty. otherwise wilfully impede them in the execution of their duty or shall refuse or neglect to give any information which may reasonably be required of them and which they have it in their power to give, whether on board any steam vessel or elsewhere, shall incur a penalty not exceeding twenty-five pounds.
13. The Governor may revoke and cancel any certificate of Certificate of survey granted under this Ordinance in any case in which he has Surveyors reason to believe
(1) That the certificate of survey of the sufficiency and good condition of the hull, equipments and machinery of any such steam vessel, as aforesaid, or either or any of them, has or have been fraudulently or erroneously given or made, or
(2) That such certificate has otherwise been issued upon false or erroneous information, or
(3) That since the giving and making of such certificate the hull, equipments or machinery of such vessel have sustained any injury or are otherwise insufficient:
Provided that in the event of a vessel sustaining any damage as Proviso. stated in sub-section 3 she be allowed to proceed direct to a dry dock for the purpose of repairing any damage and that during that time the certificate in force be not cancelled, but that no passengers be carried on such voyage, and on her return that she shall be inspected by the surveyors, who will then report and, in the event of the repairs having been satisfactorily completed, the certificate will continue in force till such time as a new survey is necessary under the terms of the Ordinance.