Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 212

Power to require complainant to give security for costs

212.
(1) Where a complaint is made to the Director, a Shipping Officer or a Surveyor, that a Ceylon ship is unsafe, such officer may require the complainant to give security to the satisfaction of such officer, for any costs and compensation which he may become liable to pay as mentioned in sub-section (3).
(2) The security referred to in sub-section (1) shall not be required where the complaint relating to a ship-
(a) is made by one-fourth, being not less than three, of the seamen belonging to the ship; and
(b) is not in the opinion of the Director, Shipping Officer or Surveyor, as the case may be, frivolous or vexatious,
(3) Where a ship is detained in consequence of any complaint under sub-section (1), and the circumstances are such that the Government is liable under section 211 to pay to the owner of the ship any costs or compensation, the complainant shall be liable to pay to the Government all such costs and compensation as the Government incurs or is liable to pay in respect of the detention and survey of the ship.


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