210
THE NEW ZEALAND GAZETTE.
such compensation for his detention as the Court
having cognizance of the proceedings may award.
10. In any case where the business of a mercantile
marine office is conducted otherwise than under a
local Marine Board, the Board of Trade may, if they
think fit, instead of conducting such business at a
Custom House or otherwise, establish a mercantile
marine office, and for that purpose procure the requi-
site buildings and property, and from time to time
appoint and remove all the requisite superinten-
dents, deputies, clerks, and servants. They may
also, in the like case, make all such provisions and
exercise all such powers with respect to the holding
of examinations for the purpose of granting certifi-
cates of competency as masters, mates, or engineers,
to persons desirous of obtaining the same, as might
have been made or exercised by a local Marine Board.
11. Whenever it has been made to appear to Her
Majesty that the Government of any foreign State is
desirous that any of the provisions of the Mer-
chant Shipping Acts, 1854 to 1873, relating to the
engagement and discharge of seamen, shall apply to
the ships of such State, Her Majesty may by Order
in Council declare that such of the said provisions as
are in such order specified shall, subject to the limi-
tations, if any, contained in the order, apply, and
thereupon, so long as the order remains in force,
such provisions shall apply, subject to the said
limitations, to the ships of such State, and to the
owners, masters, officers, and crews of such ships,
when not within the jurisdiction of such State, in
the same manner in all respects as if such ships
were British ships.
It shall be lawful for Her Majesty from time to
time by Order in Council to add to, alter, or repeal
any order made under this section.
Safety and Prevention of Accidents (Part IV. of
Merchant Shipping Act, 1854).
12. Where the Board of Trade have received a
complaint, or have reason to believe that any British
ship is, by reason of the defective condition of her
hull, equipments, or machinery, or by reason of over-
loading or improper loading, unfit to proceed to sea
without serious danger to human life, they may, if
they think fit, appoint some competent person or
persons to survey such ship, and the equipments,
machinery, and cargo thereof, and to report thereon
to the Board.
Any person so appointed may, for the purposes of
such survey, require the unloading or removal of any
cargo, ballast, or tackle, and shall have all the powers
of an Inspector appointed under "The Merchant
Shipping Act, 1854."
Any person who (having notice of the intention to
hold such survey) wilfully does or causes to be done
any act by which the person appointed to make such
survey is prevented from or obstructed in ascertain-
ing the condition of the ship, her equipments, machi-
nery, and cargo, shall be liable to a penalty not
exceeding fifty pounds.
The Board of Trade may, if they think fit, order
that any ship be detained for the purpose of being
surveyed under this section, and thereupon any officer
of Customs may detain such ship until her release be
ordered either by the Board of Trade or by any Court
to which an appeal is given under this Act.
Upon the receipt of the report of the person making
any such survey, the Board may, if in their opinion
the ship cannot proceed to sea without serious danger
to human life, make such further order as they may
think requisite as to the detention of the ship or as
to her release, either absolutely or upon the perform-
ance of such conditions with respect to the execution
of repairs or alterations, or the unloading or reload-
ing of cargo, as the Board may impose. They may
also from time to time vary or add to such order.
A copy of any such order, and of the report upon
which it was founded, and also of any variation of or
addition to such order, shall be delivered as soon as
possible to the owner or master of the ship to which
it relates.
When a ship has been detained under this section,
she shall not be released by reason of her British
register having been closed.
13. If upon the survey of a ship under this Act she
is reported to have been at the time of the survey,
having regard to the nature of the service for which
she was then intended, unfit to proceed to sea without
serious danger to human life, the expenses incurred
by the Board of Trade in respect of the survey shall
be paid by the owner of the ship to the Board of
Trade, and shall, without prejudice to any other
remedy, be recoverable by them in the same manner
as salvage is recoverable.
If upon such survey the ship is not reported to
have been unfit to proceed to sea, having regard to
the nature of the service for which she was intended,
the Board of Trade shall be liable to pay compensa-
tion to any person for any loss or damage which he
may have sustained by reason of the detention of
the ship for the purpose of survey, or otherwise in
respect of such survey.
Where a complaint has been made to the Board of
Trade that a ship is not fit to proceed to sea, they
may, if they think fit, before ordering a survey of the
ship, require the complainant to give or provide such
security as they may think sufficient for the payment
of the costs and expenses which they may incur in
respect of the survey of the ship, and of the com-
pensation which they may be rendered liable to pay
for loss or damage caused by her detention for the
purpose of such survey, or otherwise in respect of
such survey.
Where a ship has been surveyed under this Act in
consequence of a complaint made to the Board of
Trade, if, upon such survey being made, it appear
that such complaint was made without reasonable
cause, the expenses incurred by the Board in respect
of the survey of the ship, and the amount, if any, which
the Board may have been rendered liable to pay in
respect of any loss or damage caused by her detention,
shall be recoverable by the Board from such com-
plainant.
All moneys payable by the Board of Trade in
respect or by reason of the survey or detention of a
ship under this Act shall, subject to the right by this
section provided of recovering such moneys from the
complainant, be paid out of moneys to be provided by
Parliament.
14. If the owner of any ship surveyed under this
Act is dissatisfied with any order of the Board of
Trade made upon such survey, he may apply to any
of the following Courts having jurisdiction in the
place where such ship was surveyed, that is to
say,-
In England, to any Court having Admiralty
jurisdiction:
In Ireland, to any Court having jurisdiction
under "The Court of Admiralty (Ireland)
Act, 1867:"
In Scotland, to the Court of the Sheriff of the
County.
The Court may, upon such application, if they
think fit, appoint one or more competent persons to
survey the ship anew, and any surveyor so appointed
shall have all the powers of the person by whom the
original survey was made. Such survey anew shall,
if so required by the Board of Trade or the shipowner,
be made in the presence of any person or persons
appointed by them respectively to attend at the
survey.
The Court to which such application is made may