THE NEW ZEALAND GAZETTE. 199

(4.) For the purposes of a survey of a ship under
this Act, any person authorized to make the
same may go on board the ship and inspect
the same and every part thereof, and the
machinery, equipments, and cargo, and may
require the unloading or removal of any cargo,
ballast, or tackle.

(5.) The provisions of "The Merchant Shipping
Act, 1854," with respect to persons who
wilfully impede an Inspector, or disobey a
requisition or order of an Inspector, shall
apply as if those provisions were herein
enacted, with the substitution for the Inspec-
tor of any Judge, Assessor, Officer, or Sur-
veyor who under this Act has the same powers
as an Inspector or has authority to survey a
ship.

Foreign Ships Overloading.

13. Where a foreign ship has taken on board all
    or any part of her cargo at a port in the United
    Kingdom, and is whilst at that port unsafe by reason
    of overloading or improper loading, the provisions of
    this Act with respect to the detention of ships shall
    apply to that foreign ship as if she were a British
    ship, with the following modifications:---

(1.) A copy of the order for the provisional de-
tention of the ship shall be forthwith served
on the Consular Officer for the State to which
the ship belongs at or nearest to the place
where the ship is detained:

(2.) Where a ship has been provisionally de-
tained, the Consular Officer, on the request of
the owner or master of the ship, may require
that the person appointed by the Board of
Trade 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 Board of Trade shall
cause the ship to be detained or released
accordingly; but if they differ, the Board of
Trade may act as if the requisition had not
been made, and the owner and master shall
have the appeal to the Court of Survey touch-
ing the report of the Surveyor which is before
provided by this Act; and

(3.) Where the owner or master of the ship
appeals to the Court of Survey, the Consular
Officer, on the request of such owner or
master, may appoint any competent person
who shall be Assessor in such case in lieu of
the Assessor who, if the ship were a British
ship, would be appointed otherwise than by
the Board of Trade.

In this section, the expression "Consular Officer"
means any Consul-General, Vice-Consul, Consular
Agent or other officer recognized by a Secretary of
State as a Consular Officer of a foreign State.

Appeal on Refusal of certain Certificates to Ships.

14. Whereas by section three hundred and nine of
    "The Merchant Shipping Act, 1854," and enactments
    amending the same, the owner of a passenger steamer,
    as defined in that Act, is required to cause the same
    to be surveyed by a Shipwright Surveyor and an
    Engineer Surveyor, and those Surveyors are required
    to give declarations of certain particulars with respect
    to the sufficiency or conformity with the Act of the
    ship and equipments, and to the limits beyond which
    the ship is not fit to ply, and to the number of pas-
    sengers which the ship is fit to carry, and of other
    particulars in the said section mentioned; and the
    Board of Trade, under section three hundred and
    twelve of the same Act, issue a certificate upon such
    declarations, and the passenger steamer cannot law-
    fully proceed to sea without obtaining such cer-
    tificate:

And whereas under sections eleven and fifty of
"The Passengers Act, 1855," and the enactments
amending the same, a passenger ship within the
meaning of those sections (in this Act referred to as
an emigrant ship) cannot lawfully proceed to sea
without a certificate of clearance from an Emigration
Officer, or other officer in those sections mentioned,
showing that all the requirements of the said sections
and enactments have been complied with, and that
the ship is in the officer's opinion seaworthy, and that
the passengers and crew are in a fit state to proceed
to sea, and otherwise as therein mentioned:

And whereas by section thirty of "The Merchant
Shipping Act Amendment Act, 1862," provision is
made for preventing a ship from proceeding to sea
in certain cases without a certificate from a Surveyor
or person appointed by the Board of Trade to the
effect that the ship is properly provided with lights,
and with the means of making fog signals:

And whereas it is expedient to give in the said
cases such appeal as hereinafter mentioned: Be it
therefore enacted that-

If a shipowner feels aggrieved,

(1.) By a declaration of a Shipwright Surveyor
or an EngineerSurveyor respecting a passenger
steamer under the above recited enactments,
or by the refusal of a Surveyor to give the said
declaration; or,

(2) By the refusal of a certificate of clearance
for an emigrant ship under the above-recited
enactments; or,

(3.) By the refusal of a certificate as to lights or
fog signals under the above-recited enactment,
the owner may appeal, in the prescribed manner, to
the Court of Survey for the port or district where the
ship for the time being is.

On such appeal the Judge of the Court of Survey
shall report to the Board of Trade on the question
raised by the appeal, and the Board of Trade, when
satisfied that the requirements of the report and the
other provisions of the said enactments have been
complied with, may---

(1.) In the case of a passenger steamer give
their certificate under section three hundred
and twelve of "The Merchant Shipping Act,
1854," and

(2.) In the case of an emigrant ship give, or
direct the Emigration or other Officer to give,
a certificate of clearance under the above-
mentioned enactments; and

(3.) In the case of a refusal of a certificate as to
lights or fog signals, give, or direct a Surveyor
or other person appointed by them to give, a
certificate under section thirty of "The Mer-
chant Shipping Act Amendment Act, 1862."

Subject to any order made by the Judge of the
Court of Survey, the costs of and incidental to an
appeal under this section shall follow the event.

Subject as aforesaid, the provisions of this Act
with respect to the Court of Survey and appeals
thereto, so far as consistent with the tenor thereof,
shall apply to the Court of Survey when acting under
this section, and to appeals under this section.

Where the survey of a ship is made for the purpose
of a declaration or certificate under the above-recited
enactments, the person appointed to make the survey
shall, if so required by the owner, be accompanied
on the survey by some person appointed by the
owner; and in such case, if the said two persons
agree, there shall be no appeal to the Court of
Survey in pursuance of this section.

Scientific Referees.

15. If the Board of Trade are of opinion that an
    appeal under this Act involves a question of con-
    struction or design or of scientific difficulty or