Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 218

Power and procedure of Courts of Survey

218.
(1) The following provisions shall have effect in relation to a Court of Survey concerning any ship: -
(a) the case shall be heard in open Court;
(b) the Judge, each assessor, and any person appointed by the Judge may survey the ship and may go on board the ship and inspect the ship and every part thereof and the machinery, equipment and cargo, and may require the unloading and removal of any cargo, ballast or tackle, and shall for such purpose have all the powers of an inspector under section 314;
(c) the Court may order the ship to be surveyed, and may appoint any competent person or persons to survey the ship and report thereon to the Court;
(d) the Judge shall have the same power as the Director has to order the ship to be released or finally detained but, unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released; and
(e) the owner and the master of the ship, and any person appointed by the owner or master, may attend at any inspection or survey made in pursuance of this section.
(2) The Court may make such order with respect to the costs of any inquiry or investigation under this Act as it may think fit, and such costs shall be recoverable in the same manner as a civil debt.
(3) Any person who wilfully impedes the Judge of the Court of Survey, or any assessor or other person, in the execution of any survey under this section, or fails to comply with any requisition made by him shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding two hundred rupees.


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