Merchant Shipping Act, 1982 (Act No. 22)

SAINT VINCENT AND THE GRENADINEIJ M'mRCHANT SHIPPING ACT, 1982 SECTIONS PA:&T I PRELDHNARY 1 Short title and Commencement. 2 Interpretation. PART II PORT OF REGISTRY AXD REGULATION A UT.H:ORITIES 3 KINGSTO\VN-ST. VINCENT to be Home· Port 'Of Registry. 4 Registrar of Ships. 5 Deputy Commissioner for Mazitime ·Affaira. 6 Registrar and Deputy Commissioner not Iiable-f'or damages to tbirdparty. PART III REGISTRATION. OF .SHIPS 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Begistry of ships. Regulation of shipping. Conditions for regi~ration of ship. Home Port to be sfated in Registration ·Certificate. Application for Registry. Registration fee and-tonnage fee. Crediting of fee to consolidated. ;fund. Mar!time Lien(for unpaid fees. Evidence for ::first:Registry. Entry of Particulars .in.zegister. Flag of registered -ship. Default of payment of dues, Survey and measurement of ship. Marking of ship. Declaration of ownership, Documentsfo .be -retained in 'safe- custody. Managing owner to be recorded. Grant and custody of Certificate of Registry Use. of ..improper certificate. II 26 Power to 'grant new certificate. 27 Provision for loss of certificate. 28 Endorsement of change of ownership of Certificate. 29 Registry of alteration. ., 30 Registry anew on chan~e of ownership optional. 31 Procedure for r egistra.tion anew. 32 Restriction on re-registration pf .. abandoned ships. 33 Surrender of cei-tificute iof ship iost or of ship ceasing to be Saint Vincent Ship. 34 Provisional registration of' foreign ships under national flag of Saint Vincent. PROVISIONAL REGISTRATION 35 Provisional certificate ceasing to .have effect. 36 Denial of Provisional documents. TRANSFER AND SALE 37 Transfer of ship. 38 Bill of Sale. 39 Sale by order of Court. 40 Registration of transfers. 41 Preferred mortgage. 42 Effect of forfeiture on interest of mortgagee. 43 Lien of Preferred Mortgage. 44 Intentional violation of mortgage Provisions an offence. 45 Certificate of mortgage to be exhibited in vessel. 46 Record of notice of claim of lien. 47 Junisdiction and procedure on Preferred mortgages. ;48 Consequence of sale by Court. 49 Maritime Lien and waiver. 50 Brussels Convention. 51 Narne of the ship. 52 Fttlse declarations. 53 Obligatory for ships to shoW;,icolours.· 54 Penalty for false assumpfien-iof-SaintViricent Flag. 55 National character to be deelaredby all ships before clearance. 56 Temporary passes instead of'Certificate:cof'Registry, CLOSURE OF REGISTRY 57 Transfer to foreign Registry. 58 Inquiry into title of ship ;byMiIiister in. certain cases. 59 Cancellation of registration in national-'or' public interest. TONNAGE-. AND.MEASUREMENT 60 Tonnage Regulations. 61 Tonnage statement, 62 Tonnage of ships' of other countries with similar Provision. III 63 Tonnage of ships of other countries with different Provisions. 64 Survey and measurement to be performed by Surveyors'. 65 Fee for ascertainment of tonnage. PAR.rr IV TAXA'l'ION AND OTHER lVIATT"ERS 66 Exemption fr<;)111 taxation, CER:TIFICATE or COMPETENCY 67 Complement of officers and certificate of competency. 68 Power to exempt ship 6~ Grades of certificates of competency. 70 Certificate of competeney. 71 Foreign Certificate of· competency, 72 Record of Certificate. 73 Suspension and cancellation. of certificate. 74 Record of Certificates. 75 Loss of certificate. 76 Employment of unqualified person as qualified. 77 Production of certificate etc. 7~ Forgery or fraud 'with respect to certificates. MASTER OF SHIP 79 Power to appoint and dismiss Master. 80 Duties and liabilities of Master. SI Powers of the- Masters, 82 Documents to be kept by Master. 83 List of Passengers. 84 Sea Protests. 85 Documents to be handed over to successor. SPECIAL PROVISION OFEM:PLOYMENT OF CHILDREN 86 Employment.rof children. 87 Employmenti.eontrury to' Section' 86 an offence. 88 Agreement -with crew. 89 Copy of agreement to be mads available 'to crew. 90 Penalties. 91 Engagement of seaman in foreignPort. 92 Discharge 'only: .before Shipping Master. 93 Crew entitled to Certificate of. Discharge and return of Certificate of Competency. 94 Discharge of seamen abroad. 95 Falsification or.·jfor.gery of Certificate> of 'Embarkation -or of Discharge, IV 96 Leaving behind setlman~an,offence. . 97 Seaman:;wrongfully-'remainingb~hind an offence.. 98 Discharge or seaman when, ship' ceases: to be registered. WAGES 99 Payment of wages. 100 Account of wages to be delivered to ·Master. 101 Settlement of wages. 102 Deduction from wages. 103 Notice. 0.£ disrating. of seaman. 104 Deduction of fines. 105 Right to wages. 106 Termination of service by wr~ck' or loss of ship. 107 Termination of service due to: illness etc. 108 Maintenance and transportation for return. 109 Compensation to. seaman, improperly discharged. ACCOMMODATION A1~D HEALTH 110 Accommodation for seamen, 111 Statutory seale.of .provisions.of.erew. 112 Allowance for short or bad provisions. 113 Weights and measures 011;, board. 114 Regulations in respect of medical aid. 115 Food and health control. DECEASED AND DISTRESSED SEAMlENLEFT BEHIND 116 Effects and wages of deceased seaman. 117 Effects and wages 'of seaman left behind: 118 Medical expenses.. 119 Other expenses incurred byrowner. 12Q Endorsement required for sea.man.lef.t, behind. 121 Account and payment of wages in case of seaman left behind 122 Regulations as to relief and maintenance.' ofl-disrcessed seaman 1~~ Provision fOcr.. relief and.imaintenance- of: disnressed .seamen 124 Recovery of expenses of' reiie'f of distressed-seamen. 125 Penalty ,fQ~,\ fqrcmgi;B,l.e!l.a,shor.e. 126 Mode of providing for return. 127 Provision for return. of -seamen, 128 Provisions as to ..taking distressed seamen .on shins. DISCIPLINE 129 Powers ..,ofMaster.,to.;·lenforce) discipline» 130 Misconduct endangering life of' ship, v 131 Desertion and absence without leave. 132 General .offeuce against discipline. 133 Entry of offences in official Log Book. 134 Entries and certificates of desertion. 135 Register. of deserters. 136 Deserters from, foreign ships. STOWAvVAYS 137 Stowaways. .138 Discipline of stowaways and persons crrried under compulsion. 139 Duties of Master as to stowaways. 140 Stowaways may be taken back on board. .141 Master to notify discovery of stowaways. 142 Penalties. LOG BOOKS 143 Official Log Books to be kept and to be evidence. 144 Entries required : in official Log Book. 145 Official Log Book-to be sent when 110' longer required. SEAMEN IDENTITY CARDS 146 Issue of Saint Vincent seamen '!J Identity Card. 147 Production and particulars of -IdentityOard. PART'V-".SAFETYc OFLIFE'AT'.SEA 1. COXSTRUCTION 'AND"EQUIP:M:ENT"OF SIITP RULES AS TO CONSTIU:rCTION'AND SAFETY 148 Construction .and Survey Rul0S. 149 Rtiles'for life-saviIig' appliances. 150 Radio :Rilie~ 151 Rules for direction .flnders. 152 Further provisions as to radio navigations. 153 Openings in passenger ships' hulls and water-tight -bulk-: heads. 154 Rules to implement International Convcntionv-onvsafety of life at sea, 155 Surveys certificate. 156 'I'ransmission of Survey Certificate. 157 ApPe.a1 to-Court. 2. CERTIFICATES 158 Passenger ship Safety Certificate and Exemption-Certificateo 159 Passenger ship Certificate. VI 160 Cargo Ship Safety Construction Certificate and Exemption. Certificate. 161 Cargo Ship Safety Equipment Certificate and Exemption Certific ate. 162 Radio Safety Certificate and Exemption Certificate. 163 Issue of Certificate for partial compliance with Rules. U:i4 Issue of Certificates by foreign governments on request by Minister. lu5 Certificates in duplicate and fees for Certificates. 166 Notice of alterations and additional surveys. 167 Duration of Certificates. 168 Certificates admissible in evidence. 169 Cancellation of Certificates. 170 Delivery up of Certificates. 171 Posting up of Certificates. 172 Falsification of certificate an offence. 173 174 175 176 177 178 179 180 181 182 ENFORCElVIEXT OF RULES Ships not to proceed to sea without appropriate Certificates. Penalty for carrying passengers in excess of the permitted number. Removing of persons in case of danger. Modification of Safety Certificate 9S regards life-saving, appliances, Provisions as to life-saving appliances. Entry in Log Book. . Enforcement of Radio- Rules Rules for Direction-Finders and. . , NavigationalAids. Enforcement of Rules made under section 150. Master to furnish passenger 'manifest. Inspection to ensure compliance with Rules. EXEMPTIONS 183 Power of the Minister to exempt fr.om safety ,requirements. 184 Exemption of certain ships fr"om certain 'provisions. LOAD LINES AND LOADING 185 Load Line Rules. 186 Compliance with Load Lines Rules. 187 Submersion. of Load Lines. 188 'Miscellaneous offences in relation to Marks. 189 Load Line Certificate. 190 Effect of Load Line Certificate. 191 Duration endorsement cancellation of Load Line Certificate. 192 Ships not to proceed to sea without Load Line Certificate. 193 Publication of Load Line Certificate and entry of particulars in Official Log Book. 194 Inspection .of ships. VII 3. r~SEA"\YORTHINESS 195 Power to make exemption orders. ~9G Issue of Exemption Certificate. 197 Duration and termination of exemptions and endorsement and cancellation of Exemption Certificate. .198 International Load Line Exemption Certificates. 199 Offence to send unseaworthy ships to sea. 200 Obligations as to seaworthiness in relation to the crew. 201 Power) to detain unsafe ships. 202 Liability for costs and damages. 4. DANGEROUS CAR,GO 203 Dangerous goods. 204 Rules as to the carriage of dangerous goods. 'W5, Restrictions on carriage of dangerous goods. 206 Misdescription of dangerous goods. 207 Power to deal with goods suspected of being dangerous. 208 Forfeiture of dangerous goods improperly sent or carried. 209 Carriage of grain. 5. COLLISION REGULATIONS 210 Collision Regulations HI Observance of Collision Regulations. 212 Inspections as to Iights and to signals. 213 Duty of vessel to assist the other incase of collision. 214 Collision to be entered in Official Log Book. 215 Application of Collision Regulations. beyond Saint Vincent jurisdiction. 216 International Regulations. 6. MISCELLANEOUS 217 Internal equipment of. Passenger Ships. 218 Report of dangers to navigation. 219 Signals of 'distress. 220 Signalling lamps. 221 Method of giving direction or steering order: 222 Navigation near ice. 223 Obligation to assist vessels in distress. 224 Duty to render assistance to, persons in danger at sea. 225 Report of accidents to ships. 226 Notice of loss of Saint .Vincent ship. VIn PART VI LIABILITY AND LDIITATIONS THEREOF OF SHIP-O\VNERS 227 Limitation of liability in certain cases. '228 Owner '3 right to limitation. '229 Exclusion of liability in certain cases. 230 Claims ,31 Amounts for limitation of liability. 232 Bail and release. 233 Application and Fire' Damage. 234 Mari time Commission. 230 Deputy Commissioner lor Maritime Affairs and Registration Agents. 236 Maintenance of registration records by Deputy Commissioner. SURVEYORS DIRECTIONS 237 238 239 240 241 242 Surveyor of ships. Powers: of Surveyors. JURIS'DICTION AND PROCEEDINGS Jurisdiction. Detention of ships generally. Offences by Corporate body, association or other body of persons. Power of Minister to issue direction. PART'VII INTERNATIONAL CONVENTION E:TC. 243 Application of International conventions. 244 Power to detain. foreign. ship. 245 Conveyance of .'Offender and witnesses. PART VIn RECIPoF·OCAL JURISDICTION 246 Authority under foreign law. 241 AutlL-ority under- Saint Vincent law. 248 Effect of permissive provisions. 249 Applying Act to foreign ships. PART IX INQUIRY INTO CAUSE OF DEATH ETC. 250 Inquiry into death on board'. IX DEPOSITIOXS IX LEGAL PROCEEDIXGS 251 When witness not available. PART X DETE~TIO~ OF SHIP AXD DISTRESS OF SHIP 252 Detention of ship. ~53 Seizure and sale. 254 Distress of ship. PART XI EYIDEXCE, SERVICE OF DOCUMENTS AND DECLARATIONS ')--... ;);) 256 257 Proof of attesta tion. Admissibility of documents. Service of documents. PART XII LBIITATIOX OF ACTIOXS IN CIVIL PROCEEDINGS 258 Limitation of time. 259 Exemption of Government Ships. PART XIII TRAXSITIONAL AND GENERAL PROVISIONS 260 Transitional. 261 General Regulations, RUles, orders and instructions. 262 General penalty. 263 Exemption of Certain Ships from the Application of this Act. 264 Power of Minister to exempt vessels from the provision. of this Act. 165 Special provisions for Coastal Trade Ships. 266 Repeal and savings. 267 Removal of difficulties. PA.RT XIV SCHEDULES FIRST SCHEDULE THE BRrSSELS CONVENTION OF 1926 SECOND SCHEDULE REG1~IJATIONS, RULES A~"1) ORDERS OF THE UNITED KINGDOM THAT MAY BE ADOPTED 227 SAINT VINC'ENT AND THE GRENADINES ACT NO. 22 OF 1982 I Assent SYDNEY D. GUN-MUNRO. Governor-General. 15th June, 1982. [L. S. ] AN ACT to .consolidate and amend certain laws relating to Merchant Shipping and for, matters incidental thereto. [ 29th June, 1982, 1 BE rr ENACTED by the Queen '8 M08t Excellent Majesty, by and with the advice and consent 'of -the Hou~su of ',Assembly, of Saint Vincent and, the Grenadines' and by the authority of the same as follows: PART I PRELIMIN..:\.RY 1. (1) This Act may be called the 'Merchant rShipping Short title Act, 1982 and it shall come into operation on such date as and Com the Governor-General may by Proclama.tion· specify, and zaencement. different dates may be specified for' different provisionsiof the ..Act. (2) Notwithstanding .anything.. contained in, sub section (1), every provision lof. this .Act 'relevant to,: the Provisional, Registratiorrof ships under' section 34,.t (including the: appointment of Registrar;. Deputy: Commissioner \;:for Maritme Commission) shall be deemed to, ..have.iconn, into force on 1st day of March 1982 and it shall be competent to Xo.22. 228 Merchant Shipping 1882. Jnterpreta tion. undertake registration of ships under that section from that date and in relation to any ship so registered all the relevant provisions of this Act shall be deemed to have come into force from that date. (3) S~Ye M provided 111 sub-section (2), any reference to the commencement of this Act shall be deemed to be- a reference to the commencement of the relevant provision of this Act~ 2. In this Act unless the context otherwise requires "Authorised Officer" means any officer authorised by Government to discharge ~my of the functions under this Act. "Cargo" includes livestock; "Cargo ~hip" means a ship which is not a passenger Sllipi a fishing vessel or a pleasure yacht; "Company" means a limited liability company and includes any corporation or public company; "Consular Officer' when used in relation to Saint Vincent and the Grenadines means the diplomatic or Consular Representative of the Government of Saint Vincent or a person servin:IJ' in- a. .diplomatic, Consular or other foreign service of any country Which, by arrangement with, the Government of Saint Vincent, has undertaken to represent the interesf of that Government; and when used in relation to any- other country, mea-ns the officer recognised by tlre Government of Saint Vincent as, a Consular Officer of that country; " Commission" means Maritime Commission; "Competent Officer" means any person appointed as such to discharge. any functions or to exercise any rights under this A~t; "Crew" in relation to- a ship includes seamen' and apprentices-, "Crew accommodation" includes sleeping' rooms, meas rooms, sanitary accommodation, hospitaLaccommodation recreation accommodation, store rooms and eateriaz accom modatiom provided' for- the 'use. of seamenand apprentices. not bein-g- 'accommodation which is. also used by 'or provided for the. use of;' passenger'; 229 Ko,22, "Deputy: Cammissioner'' means Depinty Comm.issioner for Maritirne Affairs appointed under section 5; "Dollar" means- the'j Ea-§te1fll earib~a'trdoU.otfr'; Clefifects" in l"el~tii(l)n to persons;' incll1d~~>'CtU1!hes and documents belonging tOI'Such veI"s'On.i; "Foreign ship" means any ship that IS not a Saint Vincent ship; "Government;" means the Government of S~j.fi:t: Vincent and the Grenadines; "f.lag of the ship" in relation to Saint Vincent ship means the nationah i}g-gof: Saint VinlYent· a'n(1';tl'l~;' Gre:lladiIle,s ; , "law" includes any instrument having the force of law; "Master" includes every person having command or', charge of a ship'! 0t:1rer .thaa a pilot; "Minister" means the Minister responsible I''O'r shipping and includes any person acting under his authority; . ~ Ord~r' 'rn.eaDlf.'any dil'et::mOi'l.'(~iveI!lhi~~e68;~th~ryty competent to issue: itcwhether lliOtrfi~d::.Ii1 f)'n"le' gat~UW bt· 118t1j "OWD:er: ;:'r means an~ .;peFSon;c9rpora1!io.nnaf;sociation or p'artnersl~ipr,egjsterea:a~ ..own·er,:of,"a, (vessel-! ;a!nd~~ itfalso includes the" 'Cliarterer:or..operator o.InM1'y=;ltessdl ·fwll'g;·.mamg"l such vessel at his 6,vii expEmse or by his own procurement j "passenger" means. any person car-riea ilia ship except (a) ~ person: ~p.~o:r~,<1)o~:)epg~e,~". \R1,a,nY;:GctfIM~ On" bo'a"'r& the" ship on the busmess of the ship ; (b) a personon bo.a.u~-,th~hSliipeither in'1p1llr~rmeP6f th.~" ;ooli~tipn;~4:id: upoh!': the!; l\fulrtfSr 2ttJI; ~1=Hi:rfi Sh1pwreclsed., ,distr.e~ed;;arc. othempersoris b{jp BY' reason 'of any circumstances that neitl~titll'e Master nor the Owner could have prevented or forestalledj .R1Ud No. 22. 230 Merchant Shipping 1982. ~-----~ (e) a child, under the age of one year; "passenger ship" means any ship which carries or i8 meant to carry more than twelve passengers; "prescribed" means prescribed by Rules o.r Regula tions or in such other manner as the Government may deem appropriate; "Proper officer" in relation to any function or activity means an officer appointed or authorised' to perform and engaged in the performance of that function or activity; "Registered' means registered under this Act; "Registrar' means any person appointed as Registrar of ships under this Act; "Saint Vincent" means Saint Vincent and the Grenadines; (i Saint Vincent Ship" means a ship registered under this Act and-includes any ship that is deemed to be registered under this Act; "seaman" includes every person (except a Master or pilot or a person temporarily employed on the ship while in Port) employed or engaged in any capacity on board any ehip; "Ship's Registrar" means the Registrar ()I the Port at which a ship has been registered and includes the Deputy Commissioner for ·Maritime Affairs and his 'Agents , "Shipping Master" means any person appointed for Saint Vincent to function as such in the Port of Kingstown in Saint Vincent; "Survevor of Ships" or "Surveyor" means a person appointed or competent to conduct survey of ships; ((vessel" means anything .constructed or used for the carriage on, through or under water of persons or property and includes .air cushioned" or amphibious' vehicles, hydrofoil craft and. hovercraft and includes any ship' or boat used in navigation ; "wages" includes all emoluments. No. 22. 231 Merchant Shipping PART II POR.T OF REGISTRY AND REGISTRATION AUTHORITIES 19"82. 3. As from the commencement' of this Act, KINGS TO\VN-SAINT VINCENT shall be the home Port of Regi.stry of every ship registered or deemed to be registered under this Act. KlNGe TOWN SA.INT TINGlllNT to be' Port of Beii..trt. 4. There shall be a Registrar of ships to perform the. functions and discharge the duties of a Registrar under this lhpa~r A of thipA.ct. 5. (1) The Cabinet may, by erder, appoint any persou to be the Deputy Commissioner and any person so appointed (a) shall perform the functions and discharge the. duties of a Registrar. under this Act outtide Saint Vincent; (b) shall, subject to sub-section (1) of section 235 and' to -the directions of the Commission, carry out the administrative duties :of the Maritime Commission .in foreign Ports and, undertake the general'superinteridence of' 'all matters .relating to Merchant shipping and Registration. ,of Ships in foreign Ports under 'this .Act, (e) may, in the performance of his duties, appoint Agents for the registration of ships, subject to the provisions ..of .sub-secticn ,(~) of section 235 and' to such other conditic)]ila.,al tile :Minillter may impose; and (d) shall hold office for such term and subject to such conditiol1!,re!trictions and limitation. as the Cabinet .may specify. (2) Every Agent for registration shall discharge hi. duties under the directions. of the Deputy Commissioner and in accordance with such instructions as.fhe Commiesion may give, and may at any time' be .. removed ,from office. DtPut-7 CG~Di~.. Oller for ii.rit,~~· Atfair•. No. 22. 232 Merchant Shipping 1982. Registrar and Deputy Com missioner not liable tor damagea to third part,.. Regulation of shipping. 6. The Registrar or, ti.t~1 Deputy Commissioner shall not be liable in damages to any person for any loss occuring to him py, Lr~e M~I;l (j)f a,I1-yt!Jjng \!o;n,e o,r. omitted t9 be done in the discharge of h}.-§iO~~ f·fi1J1i.es unless the same has happened through any wilful negligence or misconduct on the ;part Qf the Regiszra» .01' the Deputy. Commissioner, as the.casa mig b.e. PART III REGISTRATION OF SHIPS 7. (1) The Registrar shall keep a book to be called "the Registry of Ships" which shall contain (a) the name .of the. ship ; (b) the details of the Surveyor's Certificates; (G) the pa.ptje:ql~~s respecting origin as set out III the declaration. of ownership; (d) the name and description of the registered owner, pr own~rs and, jf there are more owners ~:p,a~ one, the . proportion in which they are interested in the shin. ~~) ,!h~, ,p~pu~y·.~G()lfP;niAA~~n,ESr;s.lwU .keep a Registry pr:Sl~~p~O:~'1~tRut 'iIfS,U9~$~~Upn, (lt~d submit the same or copYV-tl1ereor".t9 th~ lt~gi~tr~r·.?,t ~'q~.R-: time or during such interval as the-Minister-' fuay direct, "and such Registry shall ipd~~e.;..~h.~ rRn.r.ticulul's, of ships registered by him and by his Egent.-' If- any. (3) .Any p'e~~~)}1'IDay,~upon payment of the prescribed f-ee·'.and duri:A.g,".tR~officiaFh·olirs· or: attendance, inspect the Register at the Office of the; Registra:r or of the Deputy Commissioner. 8r (I} No ship shall" be. used for trading to or from any part of Saint Vine,ent-'Qr tor.:car-rYhrg-: of goods or persons within the waters of Saint Vincent, whether for reward or not, unless (a) the ',~hip is·registeredtlS. Saint Vincent Ship, an'd! .provideEl )with' ·8:~cep.tinC:ate·,·of registration m,the,pres6Dibedi form; or (b) stands exempted from registration under the [s.w or Saint Vinnnt or of any otber laws. Xo. 2:2. Merchant Shipping 1982. (2) Nothing contained in sub-section (1) shall apply to the followi'ng class of ships (a) any ship which has a net tonnage of .less than five hundred, whether of a self-propelled typo or of a sailing type; (b) barges, ligh tel'S or other light vessels which do not carry persons on board whether it be crew or passengers (while on 'the way), any other vessel or class of vessels which the Cabinet may, by general or special Order notified in the Gazette, categorise as a ship exempted from registratiqn. (c) pleasure yacht; (d) (3) A ship required by this Act to be registered under sub-section (1), may be detained 'until the ;Master of the ship, if so required to do, produces the certificate of registry of the ship. 9. (1) Any ship which is ina seaworthy condition and Condition. which is not older than forty years may be registered if for the same is owned by reKistration of Ihip. (a) an individual who is a citizen of Saint Vincent domiciled in Saint Vincent or; (b) by any other person referred to in sub-secttons (2) or (3). (2) Any body corporate, partnership or other association of individuals, registered in accordance with the laws of Saint Vincent and having their main office in Saint Viilcent shall also be eligible to apply for registration of any ship owned by them. (3) In a case (a) where ra bodyco!p()rate; partnership or. other association of individuals, registeredliccording to law III any foreign country, owns a ship; or (b) where ~h~ main office, of apy. body corporate, partnership or .,other association ofindivillualS owning any snip is situated outside SaInt Vincent, '"No. ')')t.... . 23-1: Merchant Shipping 1082. Home Port to be stated in Begistration eertificateo ~pplieation f(Yl registry. Beiis.tration fee and tonnage ·fee; ..,:. .,;diting of !'ce to consolidated t"'''''1. an application for registration of the ship may be made if the body corporate, partnership or association has a Registered Agent in Saint Vincent. 10. The name of the home Port Kli\GSTO"YX-SAlXT VIXCEXT shall be prominently marked in the certificate of Registration of every ship registered under this Act. 11. (1) The application shall be made, in the case of an individual, by the person requiring to be registered as owner or by his agent, clllcl ill the case of a bo dy corporate, pa r t ncrxh ip or other assoc iat inu of individuals, by its repre sentative duly appointed under the common seal in the ease of body corporate and by its Chief Executive in ally other case. (2) Every application for a ship to be registered shall be made to the Registrar or to the Deputy Commissioner in the prescribed form and shall be accompanied by the prescribed fee. 12. (1) The registratiou fee payable for registration of ships under this Act shal! be EC$2.50 per net ton and in addition thereto. an annual tOllnage fee calculated at EC$1.00 per net ton shall also be payable on registration and annually thereafter. (2) All the fees payable under sub-section (1) 011 registration shall he paid before the registration of the shirr, and Ccrtifieute of Rcgistration shall be issued in respect of any shin only on payment of such fee. '(3) The fee payable under this section shall be paid to the .Registrar or to the Deputy Commissioner, as the case may ::he r-1\~]1O': .negisters the ship.' (J) The annual fee shall under no circumstances be split up or refunded. 13. (1): Evc,ry , .amount . .received by. ,vay' of fee for ~egTh-tratIDri:-01'J;b"Y!"',-ay· ;o:pa:nii.iiaFfee ~hrrn ~ be. paid to tht t!rec1i.t:m ;±h~on80'IiE1itt:ed ':Iiiii({--oCSahit Vincent and where the 'fee is received by" the Reg'i~tGn: Qr-the.. Deputy Cornmis ~ronM',T-l1@ sni1PF fQ:rth,,'tthsh;a~n1it th.ej;ume,tQ- the Consoli clittea;-FlT~a of S&i1if'Vl!r"ciellril{'·:~l{~1} ni.~i~n~r:as~~the Financial ~P-Cte.ta-ry :ftiay. fi?em'1;inie fa thirc~ di~ect. ~~o. 22. 235 'Merchant Shipping 1982: (2) Xotwithstanding anything contained in sub section (l) the Cabinet may.' by order permit a.ny Deputy Commissioner to retain any part of the collections towards any amount that ml,Y 1>~ p&yable to him. H. (l) The Government of Saint Vincent shall have Maritime lien a lien on the ship to the extent of any amount that may be for unpaid due to the Government by way of fees' or other charges and fees. every amount due to the Government shall 'rank immediately after wage:'> due to the crew and it shall be open to the Registrar to enforce. on behalf of the Government, the first maritime lien for realisation of all such 'debts. (~) Without prejudice to the generality of the powers of the Registrar under sub-section (1), in: any case where the fee or other amount due is being collected on behalf of the Government by the Deputy Commissioner, or, his Agent, it shall be open to the Deputy Commissioner to enforce the maritime lien for realisation of such debts. 13. (1) Before any ship is registered for the first time Evidence!qr as Saint Vincent Ship under this Act the following evidence first Regl!tt~, in addition to the declaration of ownership, shall. be' produced before the registrar or the Deputy Commissioner, 'uaniely;-' (a) in the case of a ship built in Saint .Vincent .or in any other Commonwealth country, a certifi cate signed by the builder of the ship containing a true account of the proper denomination and of the tonnage of the ship as estimated by him, the time when and the 'place where the ship was built, the name of the person, if ,any, on whose account the ship was built~,)~and," if there has been any sale, the 'Bill of; Sa% under which the ship has become vested in the person who applies for the Reeistrv : t:> ,J \' (b) in the case of a ship built elsewhere, the same particulars as, in clause; (a) ,unless We person who makes the, declarationof.ownership declares that the time and placejof .the -building of the ship are unknown ~o .him, or "that. the builder's certificate cannot be obtained, in which case the Bill of Sa:le or .other .document; under -which the ship has' become ,resfe-d' in the applicant lor registry, shall be deemed sufficient; No. 2~. 236 Merchant Shipping 1082. Entry of particula r~ in register. (~) in the case of a ship that hal> been condemned by any competent Court, an official copy of the condemnation. (2) In the case of a ship built in Saint Vincent, the builder shall, if requested to do so by the owner, deliver to hint a certificate containing the par-ticulars specified in clause (n ) of sub-section (1). (3) A builder who fails to comply "with the provisions of sub-section (2); or who wilfully makes a false statement in a certificate given under the foregoing sub-seet.ions, shall be guilty of an offence punishable with a fine not exceeding one thousand dollars. (4) In this section, "builder ", in the case of a ship built in Saint Vincent, includes any person whom the Minister recognises as carrying on the business of the builder of a ship,' and, in the ease of a ship built in any other country, includes any person whom the Deputy Commissioner or the Maritime Commission recognises as a builder. 16. As soon as the requirements preliminary to registry have been complied with, the Registrar or Deputy Commis sioner shall, unless he has reason to withhold further action, ente~, in the Register the 'frillowing particulars regarding the ship) uamely i-c (a) the name of the ship. and the name of the Port to which the ship belongs; (b) the details comprised in the Surveyor's certifi cate of tonnage; (c) the particulars respecting her orrgin stated in the declaration of ownership; (d) the na!lle, address, and occupation of the regis tered owner, and if there are more owners than one the name of all of them and propor tion in whichthey are interested; and (e) the official number of the ship. No. 22. 23,7 Merchant Shipping 19.82 17. (1) Every ship registered under this Act shall have Flag..of as its flag the National Flag of Saint Vincent' without any registered niodifications whatsoever. ship, (2) If any person hoists a fla" which is in any manner diff'er cnt from that specified in sub-section (1) as. the flag of the ship, the Master, and the owner who has ltuowledge of the same, and any other person who participates in the ccutravcntion, shall be guilty of an offence rind punishable with a fine not exceeding two thousand dollars. 18. (1) \,Yhere, on a report recevied from the Registrar. Default of or the Deputy Commissioner, or otherwise, the Minister is payment of satisfied that. the annual fee or any other dues payable to dues. the Government has not been paid, he shall, by order, declare that the shin in relation to which the fee or other dues are payable shall forthwith cease to be a registered ship, and every. such orfler shall be without prejudice to any other action that may be taken under this Act in respect 0] the default, (2) \,Vhere the:Minister makes an order under sub section (1), the Registrar of ships shall make an entry thereof in the Register to the effect that the; ship" has ceased to be registered as Saint Vincent Ship, and .the i.ship shall not thereafter be considered as a ship. registered in. Saint Vincent except: in so far' aSi 'it rel?-tes, to'a,Hy~:n,nsati~~~cl~ mortgage or existing certificate of mortgage, already.. .entered in the Register. (3) A certificate of registration of-the ship shall not be returned by the" Registrar or by '~.l1Y. ot11,er officer or authority, with whom it .may have been, deposited.until further proof is furnished to show that the annualfees have been duly paid. REGISTRATION PROCEDURE 19. (1) Every, ship, in respect of, which an application Survey and for, registration, is .maqe, shall be, surveyed. by a, surveyor of measurement ships and the tC;lII,age thereof ascertained in accordance with of ship. the Regulations on the subject made' under this Act. (2) Where any ship has been registered' in Saint Vi~cent.under..the la~v on Merchant Shum~,~g:.'a,s in force in Samt V.l1lcent immediately before t~,e !c!-)llVl).,el~~.emnet of .this Act, 'no fre,sh'survey under sub-section: (1). shall be required in respect of that ship. No. 22. 238 Merchant Shipping 1982. Marking of ship. (3) The Surveyor shall issue a certificate specifying the tonnage of the ship, the build and such other particulars descriptive of the identity of the ship, as may from time to time be required by the Minister along with a declaration of the surveyor to the effect that he has ascertuined the tonnage and other particulars in accordance with the Regulations mads.nnder this Act and this certificate shall also be presented to the Registrar. 20. (1) Every ship, shall, before it is registered under this Act, bear a prominent mark on the following lines, namely: (a) the name of the ship shall be marked on each of the bows and the name of the ship and the name of the Home Port shall be Jlllarked on the 'stern of the ship, and such markings shall be made in 'white letters if the background is dark, and made in black letters if the back ground is light, and every letter shall at least be 15 centimetres in length with proportionate width; (b) on each side of the stem and stern post of the ship shall be marked a scale of feet or decimetres denoting the draft of water in relation to the ship and thefigures shall be indicated in Roman capital Ic.tters or in figures of not less than 15 centimetres in length with the lower lines of such letters or figures coinciding with the draft line denoted thereby and those letters or figures must be marked by being cut ill and painted white on a dark ground or in such other way as the Minister approves. (3) In a case where (a) the owner.or Master of ship registered or deemed registered under this Act neglects to cause his ship to be. marked as required by this section or to keep her so marked; or (b) any person conceals, removes, alters, defaces or obliterates or suffers any person under his control to do the same to any of the said marks, except where it is done for the purpose of escaping capture by an enemy, the owner, No. 22. 239 Merchant Shipping 1982 (e) Master or other person, shall, for eachoffence be liable to a fine not exceeding three hundred dollars; and on a certificate from a surveyor of ship that a ship is insufficiently or inaccurately marked, the ship may be detained until the insufficicny or inaccuracy has been rectified. (4) Where the Registrar is satisfied that an offence has been committed under this section, he may, without prejudice to the prosecution of the persons concerned for the offence, direct the detention of the ship until the insufficiency or inaccuracy has been removed. 21. A person shall not be entitled to be registered as Declaration owner of a ship or of a share in the ownership unless the of ownership. applicant has signed a dedarationof ownership in the prescribed form referring to the ship as described in the surveyors certificate of tonnage and containing the following further particulars, namely r-e (a) a statement of his qualification to own a Saint Vincent ship, or in the case of a body corporate, partnership or other association of individuals, of such circumstances that go to prove the qualification to own a Saint Vincent ship; (b) a statement of the time and place where the ship was built or, if these are not known, a statement to the effect that the declarant does not know the time and place of her building; (c) a statement of the name and citizenship of the Mastcr , (d) a statement of- the extent to which the applicant is entitled to be registered as owner, his citizen. ship,natioilality and domicile; a declaration that to the best of his knowledrrs no.,upq~aljfi~ d::.ne,~~on. is ~nown to, ::~ave. a';;y legal - or beneficial interest m the ownership or in any, gllar~in ~the-- ship. (2) A ship;~sl1atl~:-not 'be--r€gis-ter61d' under this Act u~l~e ~~. ~e~<?E~ ~~~i~\r:a.~tion~ there 0fu~t11E'lr; sh-all- b~., 'produced tile '!(}1Io.-wm-g evidence'. No. 22. ~·10 Merchant Shipping 1082. Documents to be retained in late eustody, (a) a builder's certificate, that is to say a certificate, sisrncd bv the builder of the ship (which expros si~n ineiudes such person as the ~cgistral' or Deputy Commissioner recognises as carlling on the business of the builder of a ship) and containing a true account of the proper denomination and of the tonnage of the ship as estimated by him, and of the time when and the place where she was built, and of the name of the person (if any) on whose account the ship was built and, if there has been any sale, the bill of sale or other document under which the ship was transferred to the applicant for registry: Provided that, if the ship is not a newly built ship anrl the person making the declaration of ownership declares that the time and place of her building are unknown to him, or that the builder's certificate cannot be procured, there shall be required only the bill of sale or other document (if any) under which the ship was transferred to the applicant for registry; (b) where the ship has previously been registered in a foreign country, a certificate issued by the Government of the country of last registration ,( or such other evidence as the Registrar may accept) that the ship's registry in that country hae been. closed or will be closed immediately upon the issue of a certificate of registration under this Act; (c) such evidence to the satisfaction of the Registrar, or. as may be prescribed by the Minister, to Sh01V that the ship is in a seaworthy condition. 2!. (1) On completion of the registry of a ship the Registrar shall retain in his possession the following documents : (a) the Surveyor's certificate of tonnage; (b) the builder's certificate (if any); (c) all declarations of ownership; (d) any bill or sale of the ship previously made; (e) the copy of the condemnation (if any). No. 22. .,- ------ , 1982, (2) Where the Deputy Commissioner has registered the ship, he ~hall. as 80011 a') mav be.. pass on the documents referred to in sub section (L) to the Registrar unless the Minister otherwise directs. 2'J. (1)' rnll~ Ixegistrar or .tlie Deputy Commissioner shall enter in the, Register the name and address of the managing owner, for the time being, of every ship registered under this let. (2) Where there is no managing owner, the Regis trar or the Deputy Commissioner shall register the name and address of the ship's agent or other person in whom the management of the ship' is entrusted by or on behalf of the owner, and any person whose name is so registered 8ha11,£or the purposes of this Act, be under the same obligations and subject to the same liabilities as if he were the .managing owner. (3 )Theowller shall notify the Registrar or the Deputy Commissioner, as t i.e case may be, forthwith of any change in the niulleol' address of the managing owner and if he fails to do sO",he, shall be guiltyof an: offence punishable with a fine not exceeding five hundred 'dollars: 24. (1) On completion of fl'e registration of a ship; the Registrar or; the Deputy Commissioner as' the case may be, shaUgrant a Certificate of Registry in the prescribed form, or as near--theeeto as eireu-ustaneesrpermit. (2) The .Cert.ificafe of Reg-istr:v of any. ship 'whether registered under this Act or not, shall 'be used .only for the lawful navigation of th0 ·~11ip. and 'shalt not be' subject' to detentionby- reason of ,a11)r' title; lien.',' cparge o{j'nierest had OJ' l'1aimedh:'a'J1Y ()W1H'r, ~ll)oi;firi'Sr.ce "or 'other person' in relation to that "hip. . (3) No. J}er~oll" whet)ler,!l~ter.ested: in the ship or not, who has 11l I11S !l0SSN,!"lon or' under his control' the C~rtificate~fof :,Re~istr~\' <)l: oth~r" :nati.onall,ty'" p:a:~ers~ol,. a ship shall refuse or omit, without reasonable cause .to deliver the certificate 01' papers aforesaid, on deml-iWcf"td'the'person entitled to the, custody thereof for the purposes of the lawful navigation of .the ship, or to' the 'Registrar'; ~ Comptroller' 'of Customs, or-any other rpenson entitled 'bv l~,,~-to-'requiie"ibl delivery. " . '.. (4) Auy person .who" f<;tils, . to complv . with, ,til~ Pl'~L<tHlttF;'~6~t§ub::seetiori ft '(3: ~h~lI ~ 'be'! ghiliy,l,~?~ 'a~: ',Qffence punishable WIth a fine not exceeding one thonsarid dollars. .Maua~n~ owner to he recorded, !IO~. "'0 ~,~..., .stn·);~· Grant and custody of Certillcllte of Registry, 1~O. 22. Merchant Shipping 1982. .. ...- 'r se of :\ilip's ert.incate. Power to ::rant new certificate. Provision for loss ot certificate. (5) If, in any proceedings in respect of an offence under sub-section (4). tile Court is {If the opinion that the 0rrtificate of Rezistrv hIs been lost OJ' destroyed, the Court shall info rm tlH'~ H:'~·i.~tnn of the sai.l loss or destruetion. 25. If the Master or owner of any ship, whether vegister-ed under this Ad or not, uses 01' attempts to use fo':' navigation of tile ship, a Cer tificate of Registry not iegally gl'ilntec1 in rcsper-t of the ship. he shall be ~"1.1ilty of 'UI offence punishable with imprisotuueut for a period 110t exceedi.H~' o.ie year or with H fine not exeeed ing one thousrnd dollars or with both, and the ship shall also be liable to he .letained and forfeited under this Ad. ~6. Tlw H('gi~t.r;lI' 0)' t.he Depury ('0111I11i8SiolH'1', as the vase mav be. iua v mum dl'll very to him of the Certificate .if Registry of t.he' sh ip. grant a 1I~>,," Certificate in lien thereof ubject to payment of the p n-scr ibedd'ee. 27. (1) IE the Regist.ra r or tile Deputy Commissioner, is satisried with the Cert ifica to of Registry of a ship granted under this Act has been lost or destroyed he shall grant H new Certificate of Registry on payment of the prescribed fees. ~2) If, in the case of a ship registered under this Act, the loss or destruction of the certificate occurs while the ship is out of the Port of Kingstown, then the Master of the ship or some other person having due authority and knowledge of the facts of the' case shall make a xleclaration stating the facts of the r-ase by g'ivil1~ tho name and description of the registered 0'\']'e1' of the ship and apply at the nearest Port of arrival to the Registrar or t 1' e Deputy Commissioner ·orthe C0T1s11lar Officer, who shall, if satisfied about the bona fides of the request and .upon payment of prescribed fee, grant a temporary certificate 'which shall bear an endorsement of t lc ('lreu'l'stanecs under which it was granted. (:n ,V11('1'e a temporary certificate of registry is granted' under sub-section (2) b;' any person other than the Registrar, the person to. who.n the certrficate ,IS issued and the Consular Officer shall forthwith -trnnsmit a copy thereof to the Registrar. (4) The Master of a shin in respect of which a temporary certificate of registry ha~c;; been granted under fSi:ib section (2) shall. within ten days after the first arrival of the ship at t}'e Port of Kingstown, deliver the cerificate to the Registrar nnd any failp"i> to eomplv with this provision shall be 3,1\ offeneepunishable with a fine riot exceeding one thousand dollars, Nl'. 22. 243 Merchant Shipping 1982: (3) Upon production of L c temporary certificate of recif.rv issued' under suh-sec r.ion l :2), the Registrar shall, if !H~' ::" ;H~i·:f!p1 that t h« original Certificate of Registry has 1)('( II lo,t OL' (lestro\"\'(l ~ran~ (\ ncvv Certificate of Registry. (6) The issue of any eertificate under this section ,I!;! l i'e subj.i;\yt to pavu.ent of <;lll:ll fee as the Minister may, F)'om time to time.vspecify. :28. (1) 'Whenever a cl.iange occurs in the registered «wuer of a ship, the Master of the ship shall get the certifi. ('il:.e endorsed to that effect hy the Registrar or the Deputy Comuissioncr, or loy a Consular Officer of any Port at which tho ship a rrivos who mu: L· authorised by the Registrar to 11 ;: ke the eudorsenient in (';,"e I'e is satisfied' of the change (I'"j it is o ousidcred netcSPH)'::' to have the same incorporated without del.iv. (2) The Master of the ship shall forthwith deliver the Certifl-ate of Registration to the Registrar or the Deputy Comn.ission er or to anvvothcr author'is ed' officer for the purpose of making the endorsement and: ally' failure to deliver up the"f':C'rtiOOlite-; on: demand, shall. be: an- offence punishable with fine not"'[e-x~eeding five hundred.dollars. . (}\,1~c Registrar or. L~H\ Deputy, Commissioner or r.nthorise-I 9ffl:9~r, as; thecase .nray .be, shall. take all reasonable steps to seefhat.rthe ship ,is .notdetained by reason of any action taken under this section. (4.) rhe Ministervr-av nrescribe the fee payable for' making- aIt,~n&rsement under this section and the same shall be paid ,,;he'n~'the certificate is delivered: .upfor the purpose: 29. (l))yhere a registered ship has been so altered.as not ~o ('orre~if!Nld1:~'r"itH?n:e:p~lr"iCll1arsrelatihg:to her':foJ:1n8.O'e or desc-iption contained in the ship 's .register, an appIicati~ll (a('('():)lp~nipd by H r>cl'tificate from a proper)"Snrveyor and notifvin« the R~zi~tnv:.,'f t,lw alteratiouushall 'be' made, to th~ Reg-istrar or t~·,tl)iQ:;·-~ef:),<.ltY Commissioner. (2) Every a.npF(;~tion under sub-section. (1) shag be supported by a '~~f,t~ticat,e', fljo"11 a proper surveyor and bf accompanied ty the prescribed fee. Endorsemcnt of change of owner ship of certificate, R'lgistry u alteration No. 22. Merchant Shipping 1982. ao. Where the ownership of Polly ship is changed, the Regis rrar or the Deputy Commissioner may, on the applica ion of the owner of the ship; register the ship anew, although such registration anew is not made obligr tory under this Act. 81. (1) Where a ship is to be registered anew, the Rezistrur or the Deputy Commissioner shall proceed as in the case of first registration. and on delivery of the existing Registration Certificate, and the other requisites for regis t.rat.ion. or i'n·:Hlc ('a~e of a change of ownership such of the:n flS i-:; thOlTg]:1t 1'0 be p- ate rial, having been duly complied with, ne~+~traro)r-nthe Deputy' Commissioner shall make such registratinn.: tln'ew and grant a certificate thereof. (2) When a ship is registered anew, her former registration shall be. considered as closed except in so far as relates to any unsatisfied mortgages or existing certificates of mortgage or sale entered therein, but the names of all persons appearing 011 the former Register to be interested in the ship as owners or iuortgagees sIudl be entered in the new Register, and the registration anew shall not in any way affed the right of any of those persons. 32. Where any ship has ceased to be registered as a Saint Vincent ship by reason of having, been wrecked or abandoned or for any reason, other than capture by an enemy or transfer to a person not qualified to own a Saint Vincent "hip, the ship shall not be~ re-registered until she has, at the expense of the applicant been inspected again and found to be seawor-thy. 83. (L) III the ev.ei.t of a ship registered under this Act (a) being actually 01" constructively lost, captured by the enemy, burnt or broken up, or (b) ceasineto.be entitled to.be registered under this ~et, whether by reason of a transfer to a person riot qnalifiea to own.a ship under this Act or for any other reason, everv owner of the ship.. sIllill,. immediatalo on obtaining knowledzo of the eve?t: Q"Ive notice thereof to the 'Registrar or the Denuty Commissioner, as the case may be who shall make ~, sU,itahle entry: in the registr~~~ld the' regis~ration of the ship 111 the R,e~Ister shall thereiinon be considered as closed excent in' so ,£3;1' as it, relates . to any unsatisfied mort!!ages or any existing certificates of mortgage entered therein, Rer s tra ron anew Oil ehange of ownership optional. Procedure for registrat iou anew. Restriction on re registration of abandoned ships. Surrender of certificate of ship lost· or of ship ceasing to be Saint Vincent ship. No. 22. 245 Merchant Shipping .--- .. . -- .- - - .... -- .. . 1982. (2) In any such «ase; e~cept \Vhere the Certificate of Registry was lost o r destroyed, 'the Mainer of the ship shall, if the event occurs while a ship is in the-'Port of Kingstown, forthwith deliver the certificate to the Re'gistrar and if the pved o;:cUJ'S elsewhere to' the Deputy Commissioner or to the nearest Consular Officer who shall forthwith forward the certificate to the Registrar. (:3) The Ma-ter 01' the owner who fails without reasonable canso to comply with the' provisions of this section :1 i-lll he ~n:iity of an offence punishable with fine not exceed Ing' one thousand dollars. PROVISIONAL REGISTRATION J.+, (1) 'Where .any ship, registered under a Flag other than the National Flag of Saint Vincent;' is sought to be re-ristered provisionally- as a Saint Vincent Ship under this Avt all appl.ieat.ion shall be made for the purpose, by or on 1 (~;'a:f of the owner, to the Registrar or the Deputy Commis sioner, andeverv such application shall contain such particu, lars, comply with such formalities, be accompanied by such documents and be subject to; payment of. .such fee 1 as may !'A prE'<;;l'ribed. and upon compliance the Registrar or Deputy Co-umissioncr, as the case -may be, shall issue a provisional Certificate of Registry of the ship. (2) The Provisional Certificate of Registry issued under sub-section (1 Y shall have the same' effect as the or-dinary certificate 'of 'registry' until the" expiration of one year from the date of its issue. (3) Every' applicant-for ,registration of a ship under this section shall: -without prejudice of the generality of the nrovisions of sub-section (1) 'p-roduce the following evidence. namely: (a) In respect of-the ship, (i) evidence to pstablish that, any foreigne~rtL ficate,- of Registry or equivalent-document lias heen.Iegallv cancelled or the registry has been duly '0 dosed, or (1i) iftllere is an outstanding Certificate, evidence to-show-that the Government which issued it hasconsented to its surrender for cancellation or closure of registry, or Provisional registration of foreigr ships under national llag of Saint Vincent. 1\J. 22. Provisional Certificate ceasing to ha ve effect. 246 Merchant Shipping . (iii) a declaration from previous owners under taking to delete -the ship frou the existing regi~try and confirming that all outstandinz commitments in respect of the ship have be. lJ duly met; (b) evidence to show that the ship is ill H seaworthy condition; (c) evidence to show that either the ship has been marked as provided in section 20 or that the owner of the ship has undertaken to have the ship so marked. .immediately upon receipt of a Provisional Certificate of Registry; (d) evidence of. payment of the fee due on the first registry and of the annual fee for one year ill respect of the ship. (4:) The form of the Provisional Certificate issued under this section shall' contain (a) the name of the ship; (b) the- name of the Master; (c) the time and place of purchase; (d) the uame of her re~istered owner, and if there are more th~:il ones-the proportion in which they are interested : (e) the best ;'particulal's, respecting her tonnage, build, and vdeser'iptiou, wbich.the issuing officer is able tu obtainj. and (f) "KINGSTO\VN-SAINT VINCENT" shown to he home Port of Registry. 35. The Provisional Certificate of Registry shall cease to have' effeC't"if,'befor'p the expiry 'of sixty days from its date of. -issue, thetowner 'of the ship ill' respect, of which it was issued has failed to produce to· the issuing authority (a) ,1. certificate issued bv the Government of ths «ountrvof last registration of! the ship (or other acpeptable" evidence) to .show that the ship's registry 'in . that country;' has been closed, or ~o-. 22. .J\'Ler.ch.allt Shipping --------- . (b) cYidellce",1;o,!showthat the ship' has been duly inarked as required by section 20. 19$2. J(). );'ot-,ritLs1.'Wdiug any.thing contained in section, ~4, 1 l.e negi;:;t,;:'Lt'. 01' Deputy ...c?:.!11~li~sioncr may .declina to grant it docuiuen t,.>)1'-i~SlW pa,~lep:;, ,of Provisional .Registration to auv vessel u..til he is sat.isfie 1 that the .r,p.}p.Ya~lt provisions made by PT' n udcr this Act have been duly complied with. TRA1~SFER AND SALE 37. ) The owner of l] ship rrgistercd 01' otherwise docnm e.u.ed in a~T():-ClHnet:' wit.h the .puovisious of this Act mav, if jle so desir-es, t.ransf'er the vessel to any foreign r('gi~tr;dio~! if tl1err';i:ti'e .no unfulfilledcobligafions to the Government of Sai~1t Vincent in respect of the vessel: Provided that, before such transfer is accomplished. the rezistered owner shall surrender all the relevant doeu. ments ~ of the ship to ~ ·the Registrar' or to the Deputy Commissioner. Denial of provisiona1 documents. Transfer of ship" 38. (1')" Every, transfer of'; a ;.registered ship or of a Bill of fractional rizht thereto or of a share "thereih shall be made Sale. only by a Bill of Sale which shall be the evidence to show any tl':tnsmissmil' {ifpr'dperty''i.ii a"registere:d 'ship. (2),.-Tll'e 'BiB :~of 'Sale; i shall ,contain such description nf' the Ship as i" contained in the Surve~ror'.g:'}(H~:ftificate';I6r some other de-cription sufficient to, identify the .ship to the satisfaction ;ef the ·R('~istrar·,"'arid;sh~a1.~ lljeexe,cu1ed by: ,t!1e tran!':fer'or, in -the- l)re~ence of' ol;e" 01" !'):ore wi'tneRses"wl1o s-h8'il:fllttf'St· th'e same. (3), 'Evel'l\T:Billiof:Sa'le for the transfer ,of'~ registered ship, t~therwith,full 'particulars thet,i,..)·f: i shanl.IIJJ(~entrnd in the book of Rcgistl'~r of ships. 39. "Where;, 'tihei 'transfer' or: sale of any Ship is ordered by. a·, Cl.)uxt, rthe, Order tof,Jt,he &wrtshall'c&iltmniJa de~lfir.a:ndn vesting. in ';some -person mamed I by" th~ '!Co~lrt- tlle Mgl#"J~o transfer thatrship,' and; that 'persbn 'shall :tltereuporFp'e'~entlli~rl to transfer the shin. in the manner andlto the' ~(~aniel e±ft-eht as if he was the registered O"'11('r thereof, and the requisition of .th~ person so na;n~d.ill ~·e,c:nf'.c~,o~. ~X such tpms~ff. s]lall bei: obeyed) to the ,I~me extent.·,as it 'such:' pen9n. was. the ~ePstetneft ':Own~\·. Sale by order of Court. No. 22. 248 Merchant Shipping 1982. Registration of tra'l1sfers. Preferred mortgage. 40. (1) A. sale, conveyance, hypothecation, mortgage or assignment of mortgage of any vessel, shall not be valid in respect of such vessel, against any person other than the grantor or mortgagor, his heirs or devisees and persons 11(1viug actual notice thereof, unless the instrument evidencing such transaction is recorded in th e office of the Reg-istrar or of the Deputy Commissioner. (2) The Registrar and the Deputy Commissioner shall record such instruments ill the order of their reception in books to be kept for that purpo~e and indexed to show (a) the name of the ship; (b) the name of the parties; (c) the time and date of reception of the instru ment; (d) the interest in the vessel transferred or affected, and :e) the amount and date of maturity of any nortgage. (::$) A Bill of Sale,conveyance or mortgage shall not be recorded unless it states the interest of the grantor or mortgagor in the vessel, and in the interest so sold, conveyed or mortgaged. (4) A Bill of Sale, conveyance, mortgage, notice of claim. or lien, or certificate of discharge thereof, shall not be recorded unless previously acknowledged before the Registrar or the Deputy Commissioner or Consular Officer or before a Notary Public or other officer authorised to take acknowledge ment of deeds by laws of the place where the acknowledge ment is made. . (5) Where the Dcputv Commissioner has recorded any sale, conveyance or mortgage of a vessel under this section, he. shall forthwith transmit a copy of the entries duly certified by him to the Registrar for entry in books kept by him as well. ~J:. f(q). A.:Tr4.!:lidr~l.1Prt~~~ which, J~t the time" it;, 1S made, 'Includes the wliole of any vessel as of the -date:;;()f~,its registration if No. 22. (a) (b) (c) 24:9 Merchant Shipping the mortgage is endorsed upon the vessel's document; the mortgage is registered as provided in section 40; an affidavit is filed with the record of such mortua ze to the effect that the mortgage is made o i~ good faith and without any design to hinder or delay, or to defraud any existing' or future creditor of the mortgagor or any person holding a lien of the mortgaged vessel, and 1982. (d) the mortgage does not stipulate that the mort gagee waives the preferred status thereof. (2) A mortgage which satisfies the conditions set out in sub-section (1) shall be designated a 'Preferred mortgage'. (3) There shall be endorsed upon the Certificate of Registration of a vessel covered by a Preferred mortgage (a) the names of the mortgagor and mortgagee; (b) the time and date the endorsement is made; (c) the amount and date of maturity of the mort gage, and (d) any amount to be endorsed as is required by sub-sections (5) and (6) of this section. (4) Endorsement as set out in sub-section (3), shall be made by the Registrar or Deputy Commissioner or anv other person) duly authorised .by the Minister,. and clearance shall ll;otbe issued 'to the vessel. until such endorsement. is made, a certiflcateofsucllelldorseinEmt, giving the time, place and description 'of the endorsement shall, be recorded, with the records of Registration and where the endorsement is made by a person other than .the -Registrar or Deputy Commissioner; such" certificate shall be furnished; forthwith to the Registrar for recording, '~o. 22. 250 Merchant Shipping 19'82. Effect of forfeiture on interest of mortgagee. Lien on Preferred :Mort~age. (5) A mortgage which includes property other than a vessel shall not be held a Preferred mortgage unless the mortgage provides for the separate disc~argc of such property by the payment of a specified portio» of the ll:ortgage indebtedness; and if a Preferred mortgage so provides for the separate discharge, the amount of the payment of such portion shall be endorsed upon the document of the vessel. (6) If a Preferred mortgage includes more than one vessel and provides for the separate discharge of each vessel by the payment of a portion of the mortgage indebtedness, the amount of such payment shall be endorsed upon the document of the vessel. 42. The interest of a mortgage ill a vessel registered under this Act shall not be terminated by a forfeiture of vessel for a violation of anv law in force in the State, unless' the mortgagee authorised, consented, or conspired to effect the illegal act, failure or omission which constituted such violation. 43. (1) A Preferred mortgage shall constitute a Maritime lien upon the mortgaged vessel in the amount "of the outstanding mortgage indebtedness secured by such vessel. (2) The mortgagor, before executing a Preferred mortgage shail disclose to the mortgagee in writing the existence of every Maritime lien, prior mortgage or other obligation '01' l:i'a'biPlty upon :the vessel 'to "be mortgaged, which is known to the mortgagor. (3) After the execution of such mortgage and before the mortgagee has had reasonable time in which to record it and have proper endorsements made upon the document of the vessel, the mortgagor shall not without the consent of the mortgage«, incur any contractual obligation crea-ting' a Hen llp~nthevessel other than liens for wages of .stevedores. wh'enem'p1'6yed directly 'by the owner, operator, Mester; or agent of the vessel, for wages of the crew of the vessel, for general -Average or for Salvage, including contract Salvage, in respect oftne vessel. (4) A Preferred mortgage may bear such rate of interest as Jhe parties to the mortgage mutually agree. 'No. 22. 251 Merchant Shipping .%.t. e .• · ~ ee ::::::::e 44. Any person, who is a mortgagor, or the president Or principal officer of a vcorperate mortgager, violates- with intent to defraud any of the foregoing provisions relating to mortgages or lien, shall be guilty of an offence punishable with imprisonment for a period not exceeding two years or to a' fine not exceeding one thousand dollars. or' to both such imprisonment and fine, and the mortgage indcbbednesaahall; upon any such violation, become immediately due arid payable at the election of the mortgagee. 45. (1) 'Where a Preferred mortgage has been regis tered under section 41, two certified copies thereof shall be delivered to the mortgagor who shall place, and use due diligence to retain, one copy on board the mortgaged vessel and cause such copy and the document of the vessel containing the endorsement of the mortgage to be' 'exhibited by the Master to any person having business which may give rise to 'a maritime lien or to the sale, conveyance or mortgage of the vessel. (2) The licence of a Master, who wilfully fails to exhibit such documents and copy of mortgage, may be suspended or revoked by the Registrar or Deputy Commis sioner. 46. (1) The Registrar or the Deputy Commissioner shall, upon the request of any person, record' notice. ofr'.llis claim of ~ mortgage or lien upon a vessel p;~gj~te,r€4.:wid~r: this Act, togeth-er with the nature. date 'of'creation, and amount of the, mortgage lien and the name' and-address of the person; and. anyper50n who has .eaused notice of .his claim to be so recorded shall, .upon a dischlirge. in ;,vh~Jre or in, part of. the' indebtedness, forthwith file a .certifleate of s~ch discharge with the Registrar or the! Deputy' Commis stoner, as the case may be, who. shall, thereuponvreecrd th-e certificate of the discharge of the mortgage. (2) The mortgagor shall upon the dischargeiof :any mortgage indebtedness .in part or mfull" fOdhwith Hile a certificate of such discharge duly exe~ut.ed b-y the';R1ot"tga:g;ee his su.cc~ssor or assigns, with the Registrar or the ):>ep.~t~ Commissioner who • shall t:hereu~on reeord the eertiflcate , Provided that -in the eass of a Preferred mortga-:e the Registrar-.or the 'Deputy Commsisioner shatl: '·catI:s(i~-'at.i endorsement of the fact o.I,~hdi~hargetD'bemna~ :ob tht .Intcn tional violation of mortgage provisiona an offenee, Cer tiflcates of mort~aie to be exhibited in the vessel. Record of notice of claim of' lien, discharge of lien and mortgage. No. 22. 252 Merchant Shipping 1982. Jurisdiction Rnd procedure on preferred mertgages. Consequence of sale by Court. certificate of Registry of the vessel and a certificate of such endorsement, giving the time, place and description of the endorsement, shall also be recorded with the records of registration. (3) Where any endorsement on a certificate of Registry is made by a person other than the Registrar, such certificate shall be promptly furnished to the Registrar for recording purposes. 47. (1) Any lien in respect of a Preferred mortgage may be enforced in Saint Vincent by a suit in rem in the High Court upon default of any of the terms or conditions, and in addition to any notice by publication, actual notice of the commencement of suit shall be given by the applicant in such manner as the· High Court may direct, to the Master or other ranking officer or caretaker of the vessel and to any person who has recorded a notice of claim of an undischarged lien upon the vessel, except in a case where, in spite of every bona fide attempt made by the applicant to the satisfaction of the High Court, 'such person could not be traced within the State. (2) ·The Lien of a Preferred mortgage may also be enforced bv a suit in rem in the High Court, or otherwise in any foreign country in which the vessel may be found, pursuant to the procedure of that country for the enforcement of ship mortgages constituting maritime liens on vessels documented under the laws of the said country. (3) Notwithstanding anything in this Act, the mortgagee may, in addition to all other remedies granted under this section, bring· a suit in personam against the mortgagor in any court of competent jurisdiction for the amount of .the outstanding mortgage indebtedness or for any deficiency in the full payment thereof. (4) Nothing contained in this Act shall be deemed to authorise the enforcement by snit in rem in the High Court of the rights of the mortgagee in respect of assets or personal property other than vessels covered by a mortgage. 48. Upon the sale of any vessel in a suit in rem in the High Court for the enforcement of a Preferred mortcace lien, all pre-existing claims in t he vessel includin« ~a~v possessory common law lien. shall terminate and ther;afte~ attach, in like amount and in accordance with their respective priorities, to the proceeds of sale: No. 22. 253 Merchant Shipping Provided that any Preferred mortgage lien shall have priority over all claims against the vessel, other than any liens arising prior in time to the recording and end?l~Sement of the Preferred mortgage, any lien for damages arrsing out of tort, for crew' 's wages, for Salvage (including contract salvage) and expenses and fee allowed and costs taxediby the Court. 49. (1) Without prejudice to the generality of the foregoing provisions, every person who . furnishes repairs or towage, or provides supplies or other necessaries, or permits the use of dry dock, to any vessel (whether domestic or foreign) upon request for the same from the owner or any person authorised by the owner, shall have a maritime lien on the vessel for the amounts due in respect thereof. (2) The Managing owner, the Master or any person to whom the management of the vessel is entrusted by. any person who has the requisite authority shall be deemed to have the power to authorise the procurement of the services, supplies or necessaries referred' to in sub-section (1); Provided that a person who is in possession of: a vessel under an agreement to purchase shall also ihave , the power to authorise. the services, supplies or - necessaries, aforesaid, but a person who is tortuously or unlawfully in possession or in charge of a vessel shall not have any such power. (3) Nothing contained in.' this section shall be deemed to confer a 'lien in favour of any person referred 'to in sub-section (1), if he knew or with the' exercise 'oI:reasori~ able diligence' could have ascertained,' that the vperson-who requisitioned the services or supplies or other necessar-ies :,v.as acting without authority for whatsoever reason. (4) Any person, 'who is entitled to a lien under sub section vj L) may, at aliy ,thne-by agreement' or' otherwise.. , .- , , . - ',', , - ,- : ~, ' , waive ,'hIS right to·' the lien' 'or; in the case -of' a 'Preferred mortgage, to the .preferred status of such lien. 50. International. Convention for. the unification of c~rtain Rules or~a,v relating to M.aritinie Iiens and l\1ortg9tges signed at Brussels on the 10th April 1926 as set out in the First Schedule shall form. an .integral part of this Act and have the force of Ia w as such. Mar-itime Lien and waiver. Brussels Convention. 'No. 22. 254 Merchant Shipping 1982. Name of the ship. False declarations, 51. (1) A ship shall not be described by any name other- than that by which she is, for the time being, registered. (2) A ship shall not be registered. under this Act by- any name which is the name of any ship already registered under this Act or is the name of a Commonwealth ship or is so similar to anv such name so as to have a likelihood of misleading the public. (3) The name of a ship registered. under this Act shall not be altered unless permission in that behalf has been obtained from the Minister : Provided that the Minister may impose such con ditions as he may deem fit while granting permission. (4). Every application for change of name shall be presented to the Registrar or Deputy Commissioner in such form and be accompanied by such fee as may be prescribed. (5) Where permission has been accorded for the alteration of the name of any ship, the Registrar shall make the necessary alterations of the name in the Register and shall endorse and sign a Memorandum of the alteration on that Certificate and the name shall forthwith be altered in the Stern and the Bow. (6) In respect of any ship which had at any time been registered under this Act on a previous occasion, an application for a subsequent registration of the ship shall be made again only with the same name by which she was eaclier registered and any other name may be adopted only after obtaining the previous permission in that behalf from the Minister. (7) Every person who acts or suffers any person under his control to act in contravention of the provisions of this section. cr who omits to do anything required by this section, shall be guilty of an offence punishable with fine not exceed in g five hundred dollars and the ship may also be detained until the provisions of this section are complied-with (8) The :Thlin-istermay make Regulations for the effective implementation of the provisions of this section. 52. (1) Every person who forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to No. 22. Merchant Shipping 1982. Penalty for false assumption of Saint Vincent Flag. be forged or procures to be fraudulently altered, any of the fcllowinc documents, namely, any Register Book, Builder's Oertificate, Surveyor's Certificate, Certificate of Registration, declaration, Bill of Sale, instrument of mortgage, or Certifi cate of mortgage or sale relating to any ship registered und-er' this Act, or a-ny entry or endorsement required to be made in or on any of those documents shall, in respect of each offence, be punishable with imp-risonment for a period of not less than two years and not exceeding five years. (2) Every person who in any declaration made in the presence of a Registrar, or in any declaration or document or other evidence produced before the Registrar (a) wilfully makes or assists in making or procures to be made, any false statement concerning the title te ior ownership-of any ship; or (b) discharges, produces or makes us-e of any declaration or document containinganysueh false statement knowing the same to be 'f3Jse, shall b. guilty of an offence punishable with imprisonment for a period not exceeding two years or to a fine- not exceed ing' two thousand dollars or to both such imprisonment and fine. 53. (1) Every .registeredvaaip shall hoist ths national Obligatory fL.1.g of Saint Vincent on, entening or leaving any foreign for ships Port and, on entering or leaving any Pent in Saint Vincent. to show colours. (2) If 'any ship fails to compsy with the provisions o:li sub-section (1), the' .persen ,in 'charge of the ship shall be punishable with fine not, iezeeeding-eflwe Imndred dollars. 54. U, the National Flag ofBatnt Vincent is used so as to maka any ship which is not a Saint Vincent ship appear to be a Saint Vincent ship,' the ship shall be liable to forfeiture. 55. No elearancs shall he grantedf<tr.any ship-until the Master of such ship haa-declared.cto the ·ofiic.er ·from,·wI1Cfm the elearanceIsrequiredc.the name of· the Nation ~tO'whiclllhe claims that the; ship .belongs. National character to be declared by all ships before elearanee, No. 22. 256 Merchant Shipping 1982. Temporary passes instead of Certificate of Registry. Transfer to foreign Registry. 56. (1) Where the Registrar IS satisfied that a ship which is wholly owned by persons qualified to own a Sa-int Vincent ship but which has not been registered under this Act, should by reason of special circumstances he granted permis sion to pass from any Port in Saint Vincent to any other Port elsewhere, he may granted a pass in respect of that ship specifying the voyage which it is authorised to make and fixing the time for which and the limits, if any, 'within which the pass shall remain valid. (2) A pass granted under sub-section (1) and every pass granted under the corresponding provisions of the law of any country other than Saint Vincent shall, for the time and within the limits therein mentioned, have the same effect as a Certificate of 'Registry. CLOSURE OF REGISTRY 57. (1) 'Where the owner of a Saint Vincent ship desires to transfer the ship to a foreign Registry, he shall make an application in that behalf to the Registrar or to the Deputy Commissioner, giving all such particulars and informa tion as the Registrar or Deputy Commissioner may require for the purpose. (2) The application made under subsection (1) may be acceded to if (a) all liabilities and obligations in respect of the ship' towards Saint Vincent, whether for fees, charges or otherwise, have been paid; and (b) the consent in writing is produced from all the mortgageea-whose mortgages have been duly registered in respect of the ship, and (c) the Registration Certificate of the ship has been surrendered to the Registrar or the Deputy Commissioner. (3) Where any application under this section has been acceded to, the Registrar or the Deputy Commissioner as the case .may be, shall make an entry to that effect in the Register and thereupon the ship shall cease to be. a Saint Vincent Ship .and the Registry of the ship in that Register shall be considered as closed," arrdurpon request .from the owner, Certificate of Deletion ma~r be issued on payment of such fee as may be prescribed. No. 22. ~ ~57 Merchant Shipping 1982. (±) Where the Deputy Commissioner deals with any matter under this section he shall forthwith intimate the Regis trar the pnriculars thereof. 58. Where it appears to the Minister that there is any doubt as to the right or truth as to the Registration of any ship purporting to be registered or proposed to be registered under this Act, he may direct the Registrar or tlie Deputy Commissioner to require evidence to be given to his satis faction that the ship is entitled to be registered as a Saint Vincent ship; and if, within such time, not being less than sixty days, as the Minister may specify, satisfactory evidence of the title of the ship is not given, he may. by order, direct that the registration of the ship shall not be made, and if made cancelled: Provided that in a case where the Registration is proposed to be made, the Minister may pass such interim orders prohi biting registration pending enquiry or making other appropriate order as he may deem fit. 59. (1) The Minister may, in the National interest or in the interest of shipping in Saint Vincent and after giving the owner of the ship concerned a minimum period of ninety days to make representations, by order, direct that the Registration of any ship be closed. (2) Upon receipt of any such Order, the Registrar or the Deputy Commissioner shall make an entry thereof in the Register and thereupon- the ship shall cease to be a Saint Vincent Ship and the Register of the ship shall stand closed except in so far as it relates to any unsatisfied mortgages or any existing certificate of mortgage entered therein. TO~~AGE AND MEASUREMENT Inquiry in to title of ship by Mi uis ter in certain cases. Cancellation of rel'istra tion in national or public interest. 60. (1) The tonnage of any ship to be registered under Tonnaie this Act shall be ascertained in accordance with Regulations Regulations. made under this Act. (2) The Minister may make Regulations (a) providing for the ascertainment of any space to be taken into account for the 'purpose of section 61 and may exempt any space from being taken into account for that purpose; 258 No. 22. 1082. ec) Tonnage statement, . (b) prohibiting or restricting the carriage of goods or stores in a space not included in the registered tonnage of a ship; assigning to a ship, either instead of, or ~s an alternative to, the tonnage ascer-tained in accordance with the other provisions of the Regulations, a lower tonnage applicable where the ship is not loaded, and for indi eating on the ship, by such mark as may be specified, that such a lower tonnage has been assigned to her and, where it has been assigned to her as an alternative, the deptlt to which the ship may be loaded for the lower tonnage to be applicable; (<.1) providing for, the measurement and survey of ships; (e) providing for the alteration of the particulars relating to the registered tonnage of a ship registered before the coming into operation of any Regulations made under this section; (f) providing for the issue of a document certi fying the registered tonnage of any ship or the tonnage which is to be taken, for any specified purpose, as the tonnage of a non Saint Vincent ship. (3) Any Regulation made under this section may make different provisions for different classes of ships or for the same class of ships in different circumstances. 61. Whenever the tonnage of a ship has been ascertained and registered in aecordoncs with the tonnage Regulations, the same shall thenceforth be deemed to be the tonnage of the ship and shall be repeated in any subsequent registration thereof: Provided that in a case where any alteration has been made-in the form or capacity of the ship, or it is discovered that the 'tonnage of the ship was erroneously computed, the ship shall again be measured and her tonnage redetermined and 're-registered according to the Tonnage Regulations. ....? ');) ~~o. . 259 Merchant Shipping 1982. ~ 62. Where the Minister is satifised that the provisions of the law of any country as to the measurement of tonnage are of like effect to any Regulations made under section 60, the Minister may, by order, direct that any ship of that country shall, without being re-measurcd in Saint Vincent, be deemed to be of the tonnage denoted in her Certificate of Registry or other national papers and in every such case the provisions of this Act as to the tonnage of the ship shall apply as if that tonnr.go had been ascertained in accordance with the tonnage Regulations. 63. If the Minister is satisfied that the tonnage of any ship, as ascertained by the Rules of the country to 'which she belongs, materially differs from that which would be her ton nage if ascertained under this Act, the Minister may, by order, direct that, notwithstanding any order made under section 62, any of the ships of that country may, for all or any of the purposes of this Act be re-measured and the tonnage reascer tained in accordance with this Act. 6-:1:. The Surveyor of ships who measures a vessel shall specify the building of the vessel, number of decks and masts,' length, breadth, depth, tonnage, and such other pa-rticulars usually descriptive of the identity of a vessel. 65. The fees to be paid for the ascertainment of the ton nage of a ship and for the taking of measurement for the pur pose, shall be such as may be prescribed. PART IV ~ TAXATION 1LND OTHER MATTERS 66. (1) Notwithstanding anything contained in the In Come Tax Act 1919' or in any other law relating to taxation, no tax OIl property 01' income shall be payable (8) by any (i) individual who- is a citizen of Saint Vincent, or (ii) body corporate, partnership or other association of individuals registered under sub-section (2) of section 9, in respect of any income, capital gains or profits derived or dividend paid out from the ownership of an exempted ship; or Tonnage of ships of other countries with similar provisions. Tonnage of ships of other countries with dlfferent provisions. Survey and measurement to be. performed by surveyors. Fee for ascertainment of tonnage. Exemption from taxation No,; ,2: (jf 1979. No. 22. 260 Merchant Shipping 1982. Complement of Offi~era and Certiflcatel of compatsney, (b) on the property of any ship registered under this Act or on its income, gains or profits so long a~ the same is derived from or directly relatable to the business of owning or operating an exempted ship; (c) on donation made by any owner of a ship out of capital gains or profits derived from the ownership of an exempted ship; and (d) on the succession to the ownership of the ship in part or whole. (2) Exemption from tax under sub-section (1) shall be available to any such body corporate, partnership, or other assocciation of individuals owning an exempted ship provided that they do not undertake in Saint Vincent any activity other than the ownership of the ship. (3) A citizen of Saint Vincent ordinarily resident in Saint Vincent shall not however he denied exemption under subsection (1) on the ground that he undertakes in Saint Vincent activities other than ownership of ship. (4) For the purpose of this section, "exempted ship" means any ship owned by a body corporate, partnership or other association of individuals duly registered under this Act, in respect of which all the dues payable to the Government, whether by way of registration fee, annual fce or otherwise, have been discharged in full and which continues to be eligible for the exemption. CERTIFICATE QF COj\IPETENCY 67. (1) Every Saint Vincent ship when going to sea from any place shall be manned by the following officers, namely: (a) a duly certified Master; (b) in the case of every ship of five hundred tons or upwards there shall be one officer besides the Master and such officer shall hold at least a. Mate's certificate; (c) in the case of a ship having more than one Mate at least a first and second Mate shall be duly certified; !No. 22. 261 Merchant Shipping 1982. (d) where the nominal horse power of any ship is five hundred or more, there shall at least be two qualified Engineers,one of whom shall possess a, first class Engineering certificate and the other a first or second class. (2) The Minister may, from time to time, prescribe the strength and nature of the crew required to be carried in every Saint Vincent Ship when going to sea from any place, and different standards n18Y be provided in relation to different categories of ships. (3) Every Saint Vincent ship when going to sea' from any place shall be provided with such number and description of crew es the Minister may prescribe. (4) Failure to comply with any of the foregoing sub sections shall be an offence and the owner and Master of' the ship shall he punishable with a fine, not exceeding three hundred dollars, and the ship, if in Saint Vincent, may be detained until compliance. 68. (1) The Minister may, subject to such conditions and restrictions as he may deem fit to impose, exempt, ships Or any class of ships from all or any of the requirements of section 67. (2) Any exemption: granted, under sub-section (1) may be confined to a particular period or to one or more particular voyages. 69. (1) Certificates of competency shall be granted or recognised, in accordance with this 'Act' 'for each of the following grades, namely:- ' Master of an ocean-going ship; First-Mate of an ocean-going ship; Second-Mate of an oceCln-g'oinl? ship j Master of the second class', Master of the third class; First-class Engineer; Second-class Engineer. Power to exempt ships, Grades of Certiftcatea of competency. No. 22. 262 Merchant Shipping 1~ Certificate of competency. Foreign Certificate of Competency. Record of Cer tiflcate Suspenaion and cancellation of Certificate. Record of Cer tifleates. Loss of certi1l.ea teo 70. The Master may, from time to time, direct the holding of examination for- the purpose of granting certificate of com petency as a Master, Mate or- Engineer for the benefit of persons desirous of getting qualified. 71. The Minister may recognise any certificate of an appropriate competency issued in a country other than Saint Vincent as efficient, or recognise any rank acquired abroad as an equivzlent qualification, if he is satisfied that the examina tion held or the Certificate acquired or the rank obtained is adequate and permit any person concerned to obtain a local Certificate of Competency or recognition of Competency with out examination but subject to the payment of such fee and the compliance with such conditions as may be imposed. 72. Every Certificate of Competency or recognition of Competency issued under this Act shall be in duplicate, one part to be -delivered to the person in whose favour the Certifi cate is granted and the other part to be kept on record. 73. Any Certificate of Competency granted und-er this Act may, after notice to show cause has been given to the per SOIl to whom the Certificate has been issued, be suspended or cancelled under such circumstances, by such authority; and for such reasonsand subject to such conditions as the Minister may prescribe. 74. (1) The Registrar, the Deputy Commissioner or any other person. who may be authorised to issue Certificates shall maintain a record of all Certificates issued by them, and every such record shall also show if at any time the Certificate had been suspended or cancelled. (2-) Any Certificate (including a Certificate of recoz nition) and every record maintained under sub-section (1) shall be admissible as prime facie evidence of the facts stated therein and shall have the same status as an official record for the purpose. 75. (1) 'Where the Minister is satisfied that a Certificate or other document, issued to a person under this Part, has been lost or destroyed without any fault on the part of the person he may direct the issue of duplicate of the Certificate or document subject to the payment of such fee and' the zivine of such '" '"guarantee or assurance as may be prescribed. No. 22. Merchant Shipping 1982. (2) Any duplicate of a. Certificate or other document issued under subsection (1) shall have the same force and effect us the original. 76. Any person who employsan unqualified person as an officer or Seaman of any description as if fie is a qualified person knowing that he is not so qualified or without ascertain ing that he is qualified for the purpose, shall be guilty of an offence punishable with fine which may extend to five hundred dollars, Employment ot unqualified person as qualffled, Production of certificate etc. (c) 77. Every person serving 01' engaged to serve 'in any ship of which this part applies who holds a 'Certificate or other document to show that he is qualified for the service, shall on demand by a Competent Officer produce the same and if he fairs to do so without reasonable eauseheshallbeguilty of an offence punishable with fine not. exceeding two hundred dollars. 78. (1) Any person who - Forgery or fraud (a) forges or fraudulently alters .or assists in wi~ tecs~eet :fo'tgitrg"br'fraudWe-DJli"a1t~rihg,'Or procures to ecWtI:t!~Mee. to be for~edor 'fra:udulen~ly'alters allY cerfi date' of' CofuyetencYor /'any~recbgngloti Of,';a 'Cet'd:fll:ateJofJ Oomtyetenc'y; 'or ail 'o'fflcia1 copy of any such Certificate or recognition; or (b) makes, assists in making or procures to be made, any false' 'represent~:tioiC for the 'purpose of procuring, ',or getthig·Lr~·cQghisea, either for himself 'or Jot a,liy otherp'ersoll,a Certificate of CompetencY;-6i' f:8)lldule~ll.J:' :gses a Certificate, or, a. recogni tionof 12'ee'rhfieate, 9:r a copy-Of a,',Certificiate or- 'df-a recognition>dfa Certificate of Com petency, - ' (i) which has been forged, altered, cancelled or suspended, or (ii) to which he is not entitled; or (d) fraudulently lends his Certificate of Com peteneyor recognition' Of '8. 'Certificate of Com petency Or alldws'it tobe used by any other person, Nu.22. 264 Merchant Shipping 1982. Power to appoint and dismiss Master. Duties and liabilitiea of Master. shall be guilty of an offence punishable with imprisonment for a period not exceeding one year or to a fine not exceeding two thousand dollars or to both such imprisonment and fine, in respect of each offence. MASTER OF SHIP 79. (1) The Master of every ship shall be appointed by the owner thereof and he shall function subject to the control of the owner. (2) The owner shall have the power to dismiss the Master of a ship and any agreement, whether in the contract of appointment or otherwise, which seeks to deprive the owner of power to dismiss the Master, shall be of no legal effect. (3) The Master of a' ship shall not be entitled to any compensation for his dismissal for a good cause or for his removal by a competent Court or for the termination of the engagement in accordance with the terms of the contract. 80. (1) In the discharge of his duties, the Master shall be responsible for any negligence or misconduct, however slight, and he shall be' answerable, for all damages resulting from non-observance of any law or Regulation unless he can show that he did exercise all reasonable and proper care. (2) The Master shall be on board the vessel at all times during the voyage and he shall be responsible for the proper management and navigation 'of the vessel, for the safety of the same,' her crew and passengers, for the prompt receipt and stowage; care, and. discharge of cargo and for the main tenance of discipline on board. (3) The Master shall also be responsible for the loss of,or any damage to" articles taken in or put on board by passengers, including any loss through theft, or injury caused by members of the crew unless the theft or injury was accom panied by force of arms or any other force of circumstances over which the Master had no control. (4) The Master shall not carry goods on deck unless the shipper consents, and if he does so without such consent, he shall be answerable for any damage due to any such goods. (5) The Master shall, at such reasonable intervals as he may be directed to do,' give 'to the owner a true and faithful account of all dealings and other matters' relating to the ship. 265 No. 22. Doeumelltll to be kept by Master. 81. ,'\Vhere".the--o;wnelr,\ig ahsel1t~&'Jfif A(}'tnm\tlli~~tiofr, with Powers of c +~...1- the Masters.him is> not.-possible.rehe- ~~ster~aYf,.wi;$h-oo.t ,fe.terencet w-,;u'l.6 owner incur any expenditure, or bind the~-.@;w;ner :b.y'ce'J:lt:tta<ft, for necessary repairs to the ship or for .the ,suppl~es. of neces saries; and may even borrow nrorrey bIftne"cretlit '6£' the. owner to pay for necessariestobe supplied. 82. TIre Master-of every slVip(sh:alr.,keep-lon :~afrd (a) The Registration C~r1;ifiea-te of the ship; (b) safety Certificates including Lo~d Line Certi flcates in force in respect of tne .ship ;. (c) agreements with the crew; (d). .the Bills of-·Lsadilllr"-alfd>eharlerparties; and (e) the Official Log, Book. 83. (1) The -Master ofevery ship, carryjngr passengers on List of any voyage from 'any 'place in ~,the .Statl}" t()r,~n-y.. tRl~e.~~ Passeniers. the State, shall nottake- on board, p~ss~g~(\YIle5lS;.@1~it''''~a.m~s and'<such 'other .particulars as are. ,oS~ilicie~f.to f~~t~isbr4heir identity'.ar~ Cle~rly: stated .in.a' list ~~gIleq-:~'YA.~e~tel'H~r\ims agent' arid 'produced to any cOlIlp('}t~nu'9~~;r·,.of.·t~rer;P:;'Ol"t>~as ea-rly as practicable and in no case Iater than. one 'hour before departure -of -the ship: unless; any.:shnrtage ':'01: tike';i~ condoned by· the officer. (2) Every list of passengers referred to in sub-section (1) shall- ·be-duly.-ceuntersignedt b1;. tM"@otnjfet'el1t. omcer, of the Port eencerned and returnedi·to?1th.e1Md~et'{W·'h~!~ijlt. (3) TJ:.e~Maste,r.shall, ;bef()Fe.,.p.r.oe~e~~tQf. ~'1p~­ duce the list. of'passengers, duly.;.count~~~Flf:$~f)~id-;,{to the person, .fro~cwh0m clearance .is .r~q~iF-e~l~AJ.ndiinl~ht!~.e1fent at delay' or'<default tlie ship. may bedetained"uati:hthetsOO1'6d. produced. (4) If the Master contravenes any of the p-rovisions of this section he shall for each offence be lialJte tt) j a fine not exceeding' one'hundred- dollars. 84. (1) Where the vessel sustains damaze or IS Sea Proten. stranded, abandoned '01" lost, 6r- ,wl1e'Y.e'·io"fjil~I~t3<::'~tress of weather or other like ~Us~:tJHl'dmme is forced to enter any ~ort, t~le~~ster sh,a,lll .within. ~o~t!"riHllt.~lll'S ~ter the eyen~;. -j~ 'tli:~'·.ev~n..~)iaPi>~h·t iha;riY;,I?oy,j, ;:ori; vtitth-inniioJity elghtt~o~'rS'a:ffer hisurrtval III rany EOl:'! i.Utha,.Avetl.tf~ens elsewhere, <makea Sea 'Protest. No. 22. 266 Merchant Shipping 1982. Documents to be handed over to successor. Employment of children. (2) The Master shall at the time of making the Sea Protest. produce his Official Log Book and the Ship's Log and cause them to be endorsed by the authority before whom the Sea Protest is made. (3) In the Sea' Protest the Master shall state 011 oath the place and time of sailing, the nature of his cargo, the course pursued, the perils encountered, the damage sustained by the vessel, and all other relevant facts, in particular those relating to the casualty in respect of which the Sea Protest ia made. (.4) The authority before whom the Sea Protest is made shall, immediately after the Master has made his state ment, examine on oath not less than two members of the crew and, where practicable, some of the passengers. (5) Whers a Sea Protest is required to be made, the Master shall not, except in the case of imminent danger, dis charge any goods from the vessel until he makes the Sea Protest. (6) It shall be competent to any interested party to prov« any fact contrary to 'that contained in the Sea. Protest; and if a Sea: Protest- is not made within the time specified in subsection (I), any interested party may prove any fact which should have resulted in a' Sea Protest, or otherwise related to the casualty.vby any other means. (7) If the Master fails to comply with any of the pro VIsions of that section he shall be answerable to any interested party for all damages. 85 (1) If during the progress of a voyage the Master is dismissed, removed or suspended, or for any other reason he leaves the ship, and is succeeded in the command by some other .person,' he shall deliver to his successor and to the ship '8 crew the·iva:rioUs -documents relating to the navigation of the ship which 'arei in'hisreustody, and if he fails without reasonable cause to':dosO-he shall be punishable with imprisonment for a period not exceeding two months or to a fine not exceeding two hundred dollars. (3) The successor shall, immediately on aS5umi~lg command of the ship enter in' the Official Log Book a list of the documents so delivered to him. SPEClA.L PROVISION OF El\IPll0Yl\fEXT OF CHILDREN 86. No person who is under the age of fifteen years, here inafter in this section and in section. 87 referred to as a "Child",' shall be employed on board a Saint Vincent Ship unless the following conditions are satisfied, namely; 267 No. 22. Merchant Shipping 1982. (e) (c) (Cl ) (d ) Agreement wi t1i ' creW'~ Employment contrary to seetlon 86 an offence. the nature of the work to be assigned to the Child is of a kind: that the Minister may, by ~8ner~1 or special, 'or der , .appr ove ; Any ' work assigned to the ' Child shall be executed only under the supervision of lin officer of the" ship ; there..shall be ' a 'per son clmiefy;;related to the child -employ edriu -itb e same rship : a certificate shall beobtained from: an officer responsible for Child Welfare to the effect that, haying regard to the health .aud physi cal condition of the' Child,-t)rosp~ctiY~ nature of ·the job, benefits that m'ay 'accruet, to ,t he child and 'ot her atten'd'aii,fc'ircum!t~n'ces, tbe officer considersJ t he' 'employnieri'e Vt6 'be ;;foi; the welfare of ths ehild.: and a. certific~te shall ~e. ·.obta: ~h~(} ' fr0in it ,~u*li­ fled vm edical practitioner lt o, t he Jeffet@t , t~~t he has examined' the' Child ian&liirila "hifi:Vfit .t o be -employed on ' board a' iihiplin~(the'c'ai>a­ .city in .whielr he is pro·PP!ed' ;t6l ~be: ::,>emi>loyed. 87. (1) \Vhere any Child is employed m- a~y·~ail1t ,.v5n and shi~ ,in ,cOl~travehtion, ,of the, provisions: 'or~'eCtiOD : '~'6 ,: ~lJ~ owner of the ship and the Master thereof shall both be gUlltyb~ an offence punishable with fine not exceeding one hundred dollars or in the ease of a subsequent ' offencer;not' exceeding 'two hundred dollars. (2) 'It shall bean offence toemploya .enild in a., ~Saint Vincent ship ori 'the basis -of a:false :01' forg,~d" ~Oertifi,cate :o~~: on the basi! of any false representation; and eve'ry 'peraoti 'who is a party to the offence shall be punishable with fine not exceed ing 'five,.hundred dollars SEAMAN IN GENERAL 88. No person shall be employed on board a 'Saint Vincent Ship unless the owner of :the ship ' or the Master the¥Jh{.'has entered into an agreement incorporating the follow{ilieY>atticu lars, namely: (a-) the capacity,in which he is employed~; (b) wages payable to him; (c) the duration of the engagement j 1982.N().J 22. Merchant Shipping (d) the number and description of the crew , (e) the conditions, wages-and remuneration, leave e.n;titlemen:t,. compensation for overtime work, rest. days -and holidays, and (f) the regulations as to the conduct on board. Copy of agreement to be mane available to crew. Penalties. Engagement of seamen in foreign Port. Discharge only before Shipping Master. Crew entitled to Certi:fl.eate of discharge and return of CeJ:fi1ieate of Competency. Discharge of seaman aboard. 89. It; shall: be. the duty of the' Master to have a' legible copy or' the ag~,ee.ment with-the crew posted up within the ship in a place accessible .to all the members of the crew. ~o. Wh~r~ the owner PI' the Master of a Saint Vincent ship y~ol~t~§,~ny..oftA~provisions containedIn sections 88 or 8!},' h~.,sH~n.):>e.g~ilty. pf an .offence punishable with fine not exceeding' one hundred dollars. 91. Where the Master of a Saint Vincent Ship has to e!+~~ ~ .~~4YI~J! ..~t:.~y·Fort. outs~de the State of Saint Vin cyAh ·h.-e~~~lt,get·~the:~gr.e.em.entwith-the seaman attested by aJI9Qn~;Q.l~r:;91Yf.H~r~pf~aint,Vincentz if one -is available ip the p$htQ.~iMir,JP...Jh~!~~t;t4flt the agreement: has been signed inrJli~i,J>:r~~~pp~,aAA.,iLtqe. .Consular Officer. is not ~vailable, a similar endorsement shall be taken from the officer in charge of iJi4~ :RQ.r.tf: amt ip.[ th~·4t~~¥,ca.~e, a copy. of the agreement shall fortli~th..b~.!o.rwarded to, the-Registrar. or, Deputv Commis sioner, 92 I:La si~g3:timl:""l:!.ri~ei'Jwhere a seaman serving in a Saint 'Vincent ship has to be discharged or his. services termi nated. when, J4e ~sh!p.)l?. ~H .il "Po;rt:. in. Saint. 'Vinc.ent, such disenaTge' or: termination shall.itake, place, in .the presence £)f the'Shipping: Master. .... .. . 93. Whenever the Master of a Saint Vincent ship dis misses or discharges a seaman" he .shall .give to the seaman a Certificate of Disalul.pg'e-·specifyingthe' period of his service aIl~t~lt~}h!l~,~il-ng,pl~~~ PI. hi8(di~ha!g~ and return to him the Ce!tifi.~ate:of .Competeney after-obtaining. an acknowledgement for the same, 94. The Master of a Saint Vincent Ship shall not ordinar ily discharge a seaeaaa :.01' an apprentice at any place outside Saint Vincent: 'No. 22. Merchant Shipping 1%2. Provided that where it becomes necessary to dis charge u' seaman or apprentice "while outside Saint'Vincent· the Master shall obtain an endorsement- on the agreement with the crew to' the effect that such discharge has been effected, .and every such endorsement shall be attested by a Consular Officer of the State to which the -crew belongs, if available.. or else by an officer in charge of the Port from where the discharge' is effected. (2) Where the discharge has been effected outside the Port or Saint Vincent, the Master shall (except in the case where such discharge is effected at the request of the seaman). provide reasonable expenditure for the seaman to return to the place of recruitment.or- the place of his homeland as the, member of the crew may' choose. 95. Any .personiwho forges ~ or, fraudulently alters any Certificate of Embarkation or Discharge cor delivers; a false copyofiny agreement.with the .crew shall be guilty of. an offence punishable with. imprisonment for one year or to a fine not exceeding one thousand dollars. 96, The l\r~~e~, ,c?f. a .. ship, who, .without reasonable..cause, leaves pehind any. seaman belonging to the ship before the .eom pletion.of, the voyage>f,or,which the. seaman-was .engaged shan be ,gUilty .of an .offenca .punishabls, with imprisonment £01': a pe'dod',Qf six months 'and with fine not, exceeding. five; hundred dollars. ~i, Any seaman, who by his, .wrongfulact or negligence remains? in: Saint Vineentafter~thedepart:ure of a ,~h~p: .from a Port-in Sa~,nt Vincent, sb:8:i:fhe guilty of an offEhw.e punishable with"irhp~isonrne:r:'t'for a peri'o,d ri6t:,e4?eeding pn¢ ~:rp-(:m:.h· 8r~ t.p'. a fine: riotexceedmg one hundred aol1ars; and aIiv such pUlllsh ment shall be without lprejudicet'ti, any action (ineluding imposition of penalty) that may be taken against him under the law, for the time being in force, regulating the dmmigration. 98. Where, a ,Saint: Vineent.rShip has ceased ito be regis tered as suchvevery ~seamarrrrempioved on that ship: shall be discharged unless he consents in writing in the presence of an Authorised Officer of the Portto continue such employment. WAGES 99, Ev~ry:;sooma:nJ, shall b~~arid in full (subject onl}' to any deductions- lawfully .: admissible under his. contract of engagement) before or Pit the time .·li~·:serves the' ship on the termination of his engagement. Falsification or forgery of Certificate of Embarkation or Discharge. Leaving behind seaman an offence. Seaman wrongfully remaining behind an offence. Discharge of seaman when ship ceases to be reglseered, Payment of wages. No. 22. 270 Merchant Shipping 1982. Account of wl1~es to be delivered to Malter. Settlement of wa~ell. Deduction from wages. (2) Where a seaman is discharged while the ship is in Saint Vincent, the "wages due to the seaman shall be paid throuzh or in the presence of that Officer in charge of Shipping in S:int Vincent, unless a competent Court has otherwise directed, and any other mode of payment by the owner. of the ship Or the Master thereof shall be an offence for which the owner or Master, as the case may be, shall be punishable with imprisonment for a period not exceeding one month or a fine not exceeding one hundred dollars. 100. (4) The Master of every Saint Vincent ship shall, before paying off or discharging any seaman, deliver a true and complete account of the wages due to the seaman and any deductions made therefrom shall also be clearly indicated. (2) A statement of account referred to in section (1) shall be handed over to the seaman at least twenty four hours before the seaman is due to leave the ship or before the payment to him or his discharge, whichever is earlier. 101. (l) Where a seaman has been discharged and his wages settled, the seaman shall sign a statement of release of all claims in respect of his past engagement and the same shall be handed over to the :Master who shall ~180 affix his signature thereof and this shall operate as a settlement of all demand between the parties thereto in respect of the past engagement: Provided that it shall be open to the seaman to exclude from the release any specific claim or payment that he may have against the Master or owner of the ship and in that case a note stating that such claim for payment was excluded shall be incorporated in the statement of relea~e. (2) A statement of release referred to in section (1) shall be prima facie evidence that the payment covered by it hos been duly made and of all other facts stated therein. 102. Whenever env deduction is made from the wages during a voyage, the Master shall enter the particulars in a book to be kept for that purpose and the same shall be produced at any time when required for the verification of the deductions or of the particulars thereof. No. 22. 271 Merchant Shipping 1982. 103. In the event of a seaman being disrated by the Master of a Saint Vincent ship, the Master shall forthwith enter the particulars of disratinz in the official Log Book and furnish to the seaman concerned a O copy thereof on request by him and any reduction of wages consequent to the disrating shall take effect only after the entries aforesaid had been made in the Log \B,ook. 104. (1) Where a seaman or an apprentice of Saint Vin cent ship is guilty of any misconduct it shall be open to the Master of the ship to impose a fine or such other punishment as he may deem fit and any fine So imposed mflY be deducted from the wages due to the seaman in such manner as the Master may direct. (2) Where in respect of any misconduct, a seaman has been subject to a fine or other punishment under this section he shall not again be subject to any other punishment in respect of the same misconduct. Nonce of disratinit of leaman. Deduction of fines, 103. (1) Every' seaman shall be entitled to wages com- Riitht to mencing from the time specified in the contract of his engage- waites... ment, and where the same is not specified from the time of his embarkation. (2) The wages of a seaman shall not be liable to for feiture nor shall he be deprived of his wages by reason of loss of the ship, and any agreement abandoning the right to wages on loss of the ship, and any agreement subjecting the wages to forfeiture, shall be invalid as against the seaman. .; 106.:: Where a, ship on which a seaman is employed is wrecked or lost and his services 110t terminated thereby before the normal period of the engagement, the seaman shall be entitled to the full normal wages for a period of one month from the termination of his services at the same rate at which he was last paid. 107. Where, after a: Saint Vincent ship has left the shores of the State, the services of a seaman has to be terminated before the normal period of engagement due to illness or any physical . inabillitywhereby h.e is unable to proceed on the voyage, the seaman shall be entitled to full wages for a' period of eighty seven days from the date of termination: Termination of serviee by 'Wreck or loss of ship. Termination of service due to illness etc. No. 22. 272 Merchant Shipping IDS2. Maintenance and t ra nsportation for return. Compensation to seaman improperly discharged. Accommoda tion for seamen. Provided where the illness is caused by the fault of the seaman or where the seaman had contracted a disease prior to embrakation, the Master may, having regard to the circum stances, deny the wages aforesaid in whole or in part (1S he considers equitable. lOS. Where the services of a seaman have been terminated due to any caU:-3C beyond the control of the seaman (including his own illness) he shall be paid the rccsonabls expenditure for maintenance and transportation so as to enable him to return to the place of his engagement. lOa. If a seaman who has signed an agreement of service is discharged, otherwise than in accordcmce with the terms thereof, before the commencement of the voyage or before one month's wages are earned, he shalt be entitled to receive from the Master or owner, in addition to [lny wages he may have earned, due compensation not exceeding normal wages for one month. for damage caused to him by the discharge unless the discharge is at the request of the seaman or due to his fault. ACOOMO:D.A.TION AND HEALTH 110. (1) The Minister may make Regulations with respect to the accommodation to be provided for the crew in every Saint Vincent ship. (2) Without prejudice to the generality of the fore going subsection, Regulations made thereunder may (C!) prescribe the minimum space per person which must be provided in any ship by way of sleeping accommodation for seamen, and the maximum number of persons by whom any specified part of such sleeping accommodation may he used; (b) regulate the position in any ship, in which the crew accommodation or any part thereof may be located, and the standards to be observed in the construction, equipment and furnishing of any such accommodation; (c) require the submission t,o a surveyor of ships orplansu,nd specificaeions ofany works' pro pesed to, be' cart-ied out·fbr~the purpose of the provision or' alteration of' any such aceom mcdation, and authorise the' Surveyor to in spect any such works; No. 22. eo 273 Merchant Hhipping provide for the maintenance and repair of any such .ACOOJllID.QW1tioD: .andprolllbitj)r. re strict the use of any' such accommodation for purposes. other than that for which .It is de signed, 198Z. and may make different provisicn in respect of:. qitIerent classes of ships and in respect of crew accommodation:' to be provided for different classes of persons. 111. (1) The Master· of everySaintYinc.ent ship for which an agreement .with,'the '.crew is required, shall furnish.provisions to every member of the crew who' does not I'uniislLhis own pro visions. (2) If a Master of a Saint Vincent ship falls to fur nish adequate provisions, and the Court before which the case is tried> considers' th.at·llhefailW;ei'W~lfHi1ie':to neglect or default of the,M~er,oth&MastJept;sh1ill,·be:liable~in addition to paying compensation, to a fine not exceeding two hundred dollars. Btatutol'J' seale of :provision. for erew. 112. (1) If durmg the voyage ofaBy B6int Vincent ship Allowance for Dort (a) the allfffltIDCe of any ~f tlhe provisions is or bad redtieM·~~~cept ~Ji1Fi~Vdone in accord- provisions, ance with any Regulations on reductions by way '-'O,f;; pnnishment 'eontained,in the agree ment: Jwithj t:he:"eTew- or 'iifrespect"of $y penoo I d:tttiIig' '. which·:the 'seaman::wi1fully 'and ~ll:&ut"~ent I c&iIS~, tef-used'for:'negleeted t»;,~~~, hiS, ~;Jf()fwa.s' faWfuliy' ,ttnder oonfinemen.t <;foi-l fmisoondnct (;either' ~on' 'board ~'IsI.61h0itr3·~e;.''01" (1)') any of thor&i,ons have during the voy age been fo I • tid:>e bad in quality and unfit W~, eYer~r~~'~flfR~Pe~Ued.tQ I~,ei~rJOO~~~tionl?.£f.sum not exceedmg twenty-five percent 9f t:li&n&miIml daibt- wage allowance. 113. TH~l1.~~r-f.rnf a $aiJlt, Vin.eent-rsMp .shall keep on :~ihts board preJ?tf~{~~J.g~a.n4-~e~§s;;fQl'f4ale~iD.lngthe quanti- measures ties of the provisions and articles that are served in the ship. ell boari. No. 22. 274 Merchant Shipping 1982. 1te~ulations in respect of medical aid. Food and health eontro], Effeetll at wages of deeeased ieamall. 114. (1) Every Saint Vincent ship having One hundred persons or upwards on board or carrying more than twelve pas sengers, 'shall' have on board as part of her complement at least one duly qualified medical practitioner. (2) 'I'he owner of every Saint Vincent ship shall pro vide and cause to be kept on board, an adequate supply of medicines and other medical stores according to the inter national scale appropriate to the ship. 115. (1) The Minister may charge such public officers or other person as he may deem proper to ensure compliance with the provisions made by or under this Act relating to crew accommodation;' to the supply of provisions and water to the crew, and to/the health of the crew. (2) Any person so eharged under subsection (1 ) may ~ (a) go on board any ship and inspect the same or any part thereof, or any article On board; (b) require the production of all books, papers or documents which they consider important; (c) require the attendance of any person for examination or questioning. (3) Every persona, who obstructs a public officer, or other persongeferred to in, subsection' (1), in the discharge of his duty, ;,01': ,refuses. onneglecta.to. attend before him for exam ination' or .qU:~sti()ning after having 'been required to do so, or ref~e toansweq questionsput to .him or fails to produce any documentin his- possessionr.shall be guilty.of an offence punish able with a fine not exceeding one ·hundred,doUars. DECEA~En AND DISTRESSED SE'AMEN LEFT BEHIND 116. Where any seaman belonging to a Saint Vincent ship dies whilst in the service of that ship, the personal effects of the seamanvineluding anycash and wages due tohim shall be dealtwithas follows, namely: (a) The Maste.r. of the ship shall take, charge of all personal effects (including cash) belong ingto the 'seamanwhich are on board. No. 22. 275 Merchant Shipping (b) The Master of the. ship shall enter in the Official Log Book (i) a statement of the amount of cash, if any, and of all personal effects; (ii) a.statement of thesum due to the deceased for wages'.and. the amount of deductions, if any, to 'bemade from the wages, and the entry so made shall be .signed by the Master and attested by'ai 'Mate and some other member of the crew; (c) The Master shall pay,..and; deliver all such property. and c:wages belonging to. the. .deceased s~aDt~·Itp..~p.~ -:q0l?-.su.!aJ;; ;~m9~t; .,o.f!~h~'r S,tate to.whiehfha seaman belonged,' WlthlllIorty eight 'hours .after his' arrivat' at 'Port' '6f des tination, .or the first Port, atrwhich the ship touches and remains. fo.rl for:tyl>eighti'hours'in caselithere-fs .Consnlar. 0ffice~ of;;:ithat State therein. 1982. (a) enter in the Offl.eialJ'bog ~.ook aostatemenb of the all property left.on boardr by, the seaman an~.1.ot' thi·anio}1n¥.'du£i6~l;J.jln,.on account of wages. at theI time(ht{was left Dehfud. and 117. (10.) If at seaman belonging to a Saint Vincent'shipds Effects and left behind, the Master.ofthe ship shall- wages of seaman left behind. (b) on the termination of the voyage during which. th~; s~amlltJ1. ;W&s)l~.ft-,b~hmd ~J;ld.t if the vpyflge terminates.~t ·~iPQrtJjrla;Whifth.r~h~reBis a((;Q~~sular Oflicer 'oib~be~.s,~~i tQowhic)1, the ~~W'B,lnr belonged; rf"rni&h.,.ro ,J{(l'chy!~fl.icel' r.an ~,~colmtof wages-and list of, pNpettyJe£tr~n board by the seaman (2) The MitSler of the ship shill ..deli"~ to the' 'Officer to whom the account aforesaid, js :furriished, the'p;r~p.~ftYror the seaman asr~}{owtrih;~hat'accoUrit ~t8getli~r'Witf,lltl:l snoTints<'dtIe to himsnbjeet' t(}faiiva~dll6tions'~6ll'accdn:AtIlr~ t"et?ses[ftno'Wed under tliis-:S~n~d8.na'the Officer ShaH grvert~h.1'MaRtera receipt for the SAme No. 22. 276 Merchant Shipping 1982. Medical expenses. Other expenses incurred bY' owner. Endorsement required for seamen left behinet. (3) Any deduction claimed by the Master, whether by way of expenditure or otherwise, shall be allowed only if it is inclmle1ll'.in.the aceaunt.nse claimand.verified by an entry in the Official Lor! Book 4uli"made.and attested. 118. (1) III the case of injury or illness where the Master or a, seaman of a'Sairut Vincent ship receives injury in the srr vire of the ship.vall expeness of providing the necessary medical and surgical help and 'assistance (including the cost of medicine) and '"the .expenditure .for vmaintenance.: during the period (f treatmenttand ttlre transportation 'charged if incurred for returnilng '. him.to .a .proper .Port shall be borne by the owner of the ship and no deductinn-on.fhatneeount shall be made frem his wages. (:2,) If the Master or a seaman of .a Saint Vincent ship receives a fatitl irljtIry-in theserviee of a amp or dies as a result ofthe injury or:accident while, rendering the services all expcn ditlrnrJor. 'hnr.bttriat'shafibe nefr.8.Yecl-by:the owner of the ship withont--aIlY deduction onthat account from his wages. (3) In .a .ease where .the. .Master or seaman falls sick (not- '1Jemg-;i:oa1:l1mti by- anj:llnessi·,arising··»ut of his own wilful act: or~:ri:risbehatWcinr or:iis; an .expeeted 'illness such as venereal, mental or nervous illness contracteddbefdJre his embarkation) all the expenditure referred to in the foregoing sections shall be~OOrne·lby;fJie!n"OO'1e~o-t a·ship ,snbject;<to:e maximnm of .eighty per cent thereof, prov-idi:!dr'thattheiJlL3::rimmnperi<id-Ior'wmch such assistsnee shall be given to the Master or seaman shall be restricted to ..eiglrf:y seven 'dmya. (~) In: every .oase. re£e)~l"e<1.to. in the foregoing section the Mastel' rO~ the, seaman, p~lorigirig. to)i Saint Vincent ship shalr'be- entitled to eighty percent o'fhis' normal wages for a period not exceeding-eighty seven.days. 11'9~ IttfB.ftly 1C88e":not falling under section 118, any reason abl~<e~rises i dniy .th1'CutTed -1by 'the owner' for any seaman in re~e-et"o~,rillhes~, '-'&lid-8.~Sl:F·a:ny ::reasonable expenses duly in currea"~byl~the ~wHm.-:iri;respeet 'of biIrla1:''of any seaman who dielJ-whilS'tflon: lie1'Vfue lhi3iy, "i"f 'duly Ip'l'lJved" be deducted from the wages of the seaman, 120 Tha.~..o£, ~;S~int, V.incant;"l.S~lraH not leave &. 8eR~hInd.~at.Jmy:[~pl~cea~o.~e·:or'at. Sei:(except. 'where .th~sei~ .is, left:,8shoFe,)()il-;diilf:.ha,r~ ,in .aecordenee with.zhe 'p~vdSi~D;S~:ot:thiS .ACf},: llnle~i~e, -PrEWiously;- endorses ·on fhe agr~nJ~f-wifJL-;tAe' 'ersw ~.~~e~ of.Ahf3.:~n;being) left behind,' whether the cause be llnfitness.Df.f~bility(~ !pJ16ceed to sea, desertion, disappearance. or any other cause. No. 22. rn7 1982. 121. (1) Where a Master of a Saint Vincent ship leaves a Account seaman or apprentice behind -on shore at any place -on the-- and .p~Ylllellt ground of his unfitness or inability .to proceed to sea, .he shall ?l~ :~~es deliver to .the seaman a fnll and true account of the wages dne ofu'Seaman to him. left behind. (2) The Master shall pay, the amount of wages due as aforesaid either to the seaman himself or to the members of 'his family. 122. The Minister may make, Regulations with respect to the .relief, maintenance and 'return to' a, proper Port of ship wrecked seamen andapprentices,' and of seamen and apprentices found otherwise in' dr~tress 'in any' place, and may by those Regrila.tions:maike such provisions as he thinks fit 'With .regard to that' relief, maintenance' and despatch to a proper Port of return. Regulations as to relief and maintenauce of distressed seaman. 123. (1) Where (a) any J~e~an., wh~el'r,a citi,~n,of Saint Vin cent 6~'not; isfound 'in anyplace having been shipwrecked' 'from a Saint Vincent ship' or, by reason of having been discharged or left be hind from any such ship) is indistress in that place; or (bJ any seaman, being a citizen, of Saint Vincent, who has been engaged to serve in a ship, be longing 'to the government', of any:" foreign country or registeredtherein,' is in' distress in any place, Proviaisn for relief and maintens 11 C~ of distressea seaman. .~h,'r c.~g.s.ul.,.,J;J; O~~.X~" of ,:~am~I!X:iP.-ce.nt,~ .~~.th.·e.e:learm~t P~r.,t, -C?r sueh.'joffi,h(~gtsorl-as mry'be designated mtne RegulatIon on dis~ressed'i~~.8JIlan' sh:a¥(p'~vide, ,in.' ac~()rdan,~~ with any;, Regu lations appIIca:ble, fOr the return of thoseaeamen .to a proper Por"t,~f retli:rn{,'an?·a~sqjiroY.i?eJw·,theirnece~,a,ry.clQt~!ng.~n~ maintenance until their dE''Partur~ .for such Port and.. m .addi : ,,-\..::. (." I-r,"" ; I 'l' f". ~ - ~ I, .: , . i ., . -:" , - . ~ ;' - ,- , i - ": ". bon' ni the case of shipwrecked seamen, for the repa.YW~l};t of any expenses incurred in their conveyance to a Port 'a'ffer thej-r.ship,vJ::e~k, and for the maintenance while being M conveyed. No. 22. 278 Merchant Shipping ~~~----~~--~~~~~---~~-~~~. 1982. Recovery of expenses for relref of distressed seaman. Penalty for foreillg men ashore. Mode of providing fer return. 124. (1) Where any expenses (other than excepted expenses as defined in 'sub-section (3» are incurred by or on behalf of the Government of a foreign country and are repaid 01' repayable to that Go" ernuient by the Government of Saint' Vincent. on account of a distressed seaman or an apprentice, eitl](·;, lor his rnain teuauee, necessary clothing, conveyance to a propel' Port of return 01', in case of death, for his burial or for any other purpose in accordance with the provisions of this Act, those expenses (together with the wages, if any, due to the seaman) shall be a 'charge upon the ship, ~ whether S'ai:lt Vincent .01" foreign, to ~ which the dist ressed seam an ~ or apprentice' belonged, and shall be reeoycral)Je. by the Government of ,Saill! Vincent, asa 'debt due to it from the Master of the ship 'and from the owner of the ship or, where the ship has been 'lost,' from the person who was the owner of the ship at the time of the loss, (2) In any proceedings for such recovery, a certifi cate of .fhe expenses" signed by the person defraying the expenses' together with such vouchers as may be readily available, shall be sufficient proof that the said expenses were duly paid. (3) For the !HU'p08es ~f. th~~. section "excepted expenses" means expenses incurred' in' "ca':'es wl.ere the cause of the sea man being left behind in desertion, disappearance, i~prisonm{lJJ,tfor,miseonduqtur discharge from his ship by a ccmpetentt-Cpurt (in thc" ground of- misconduct, and any exp~ns7' j~lu.:.tTed Oll,.iJ,Crqn1t of the ,retprll to a proper Port of.a: (~lsh~esi.,~"d seamall\v:h(} )18S been discharged ~ the Port P.t·which he embarked as it seaman or, art some Port very near the saUl~. . ' 125·,Jt).Nc9,: ,pcl'son,.,e;pploye?; ill a ,~f].i~t .YAllcent S?iP shall. ,vrong.tully force a seaman ,on shor~')'~n~,le6lVe hun 1, ~'.}}nq;;.?r )It.h~'.\}yis~ .c<lt~se. a, ~~aw"p~'f,t?' 1.?~~ .~rJ..9~n¢.~ull~ left ~e11mdj,at anypl<l;ce,elther on shor~:or:~at sea",a~a)~ he .does :0 lie rshall be guilty of an offence .punishable with unprison Illtmt..for .aperiodn()t~xce.eding .one year or to a fine not !"xcee'di,ng one thousand dollar:" or to 'both such imprisonment and' fine. 126, A seaman may be sent to a proper Port of r:etlll'S by any reasonable route, either by sea, by laud or by au', fit' partly by 8.,3, land or air. No. 22. Merchant Shipping 1982. 127. (1) Provision shall be made for the return of a seaman, as to the whole route if it is by sea, by placing the seaman on board a Saint Vincent ship which is in want of men to make up its complement or, if it is not practicable, by providing him with passage in au:y'ship,whethel' Saini" Vincent or -foreign, or with the money for<his passage, and, as to any part of the route which is by Iand, by: paving the expenses of his' 'jouvnev and of his maintenance duving . the journey, or providing hiiu with the means to pay those expenses, and. in the caSe of air transport, such. maintenance expenses to. be paid for only to the extent that they are not «ovet-ed I? tlll~ air' Iine. (2) \Vhe'ri..!'J the Master of:». ship is required by this Act to provide for the return of a 'discharged seamanvor apprcnti('eto It propel" Port of' return, the Master . may, instead of providing" the passage ,Or' the expenses <of his journey, or of providing him wit i1 the means to pay his passage or those expenses, deposit with the Saint Vincent Consular Officec-.sueh sum as -the officer considers sufficient to', defrAY the" expenses of the r(\turn'of; the.' :seaman' to a proper Port of return. (3) If any question arises as to what Port of return a seaman is to be sent in any case; or as to the route by which he should be sent, -.:that question shallrbevdeeided by the Saint Vincent Consular Officer aforesaid and in deciding any question under this provision;' 'that, Officer -shall-have regard both to the convenience of the seaman and to tnhe expenses involved, 128. (1) Where a distressed seaman is, fQl~ the purpose ofhis:,retu'rn'}to B:,properF"Por.tr of,f!1"eturn*[:"placed on board a ,Sairtt: Vjneent~ishi)p)':the':'<Master:'byrwhom;ili~,is so placed shall; ,endorse 'on',the'agreement i,with,th-e i iC1:ew 1 'bf the ship, the name of the seamanvso rplaeed 'on"hoard. -tegethsr with any particulars directed to be endorsed by the Regulations on distressed seamen. (2) The Master of: every Saint" iVincen'tJ ship shall reeerve on ;board" his 'ship,: ;and afford: apa8sagt:i'~'andvmain tenance to, all distressed sesmen whom he is required under this Act to. tfl ke; on board his shin. not exceeding his full complement "of, crew 'and pauengel'l. . Provision for return of seaman. :Provisions as to taking distressed seamen on shipa. No. 22. 280 Merchant Shipping 1982. Powers of Master to enforee ii••line. Misconduet endangerinif life or ship. Desertion and absenoe withouC leaft. ~ DLSClPL:rnE 129. (1) The Master has authority over his crew, his passengers.caad persons em-beard, .to-enforce obedience to.Jlia lawful commands for the navigation and .management of his ship and, the preservation of good order on, board. (2) The Ma:sliel·· may, where he has. .reasonable cause to ,believe 3ll1d in f31ctd,.lelieves, thats it is necessary for the preservation of order and discipline, or' for. the safety of the vessel or of the persons or property on board, to arrest and confina.or cause the arrest and confinement of, any person on, board his ship, he may arrest and confine the person and keep him in. a reasonable manner and for such time as may be required under the circumstances. 130. (1) It. a.. Master or' -seaman belonging to a. Saint Vincent ship, ,by wilful breach of duty or b-y neglect of duty or by reason of drunkenness (a) :Gloos'I,1my- ae1ii,lteDdIDg:·~-ta< th8'~imme:diate:i!~' . destruction or serious damage-. :of the .ship, .or tending immediately to endanger. the life or limb of a ,ers~Dlfbeh)n.ging,itoj,cOlt[ on,J!loa.rdAbe.:ship;;, or (b) refuses or omits to do any lawful act proper andt requisite to be-done by him for .preserving th.elqshill~~from,\immediateJ'!~S8, ;-iestmetiODr, or seeioua....,damage,1 ,or,::for" pr~.).any person bekmgingiiOfi emfon:' boar.d2th61 :Ship,-fr.om'immedi ate danger to dife or limb, he shall for each offence, be liable to imprisonment for 8.! period not 6X.eeediiig-: tw6 years) Dr'" to.' 1bfihe<> nnt exceeding one rtihOltBMld:~s or torboth sueb; imprisonment and fine. J31. (1) If a seama.JiI!i~ feq~d,\ Bl.rad:l~tfing-, to a Saint Vincent ship commits ani of the following offences, he shall be liable to punishment as set out hereunder No. 22. (a) (b) 281 Merchant Shipping if he deserts from his ship he shall be guilty of the offence of desertion, and shall be lia ble to forfeiture of all or any part of the effects he leaves on board and of the wages which he has then earned and also of the wages he may earn in any other ship in which he may be employed until his next return to Saint Vincent or to the Port at which he was engaged and to reimburse any excess of wages paid by the Master or owner of the ship to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him, and he shall also be punishable with imprisonment for a period not exceeding three months; if he neglects, or refuses without reasonable cause to join his ship, or proceed to sea in his ship, or is absent without leave at any time within twelve hours of the ship's sailing from a Port, either at the commencement or during the progress of a voyage, or is absent at any time without sufficient reason from his ship or from his duty, he shall, if the offence does not amount to desertion, or is not treated as such by the Master, be guilty of the offence of absence with out leave, and be liable to. forfeit out of his wages, 8i sum not exceeding the pay for two days, and in addition for every twenty four hours of absence, either a sum not exceeding six days' payor any expenses properly incurred in hiring a substitute. 1982. 132. (1) If [I, seaman lawfully engaged, or an apprentice to the sea service, belonging to a Saint Vincent ship commits any of the following offences, herelnafter referred to as "offences against discipline ", he shall be liable to punishment as follows: (a) ifhe quits the ship without leave after her arrival at aPort and before she is placed in security he shall be liable to forfeit out of his waces ~. . . e sum not exceeding his pay for one month; General offence against discipline. No. 22. 282 Merchant Shipping 1982. (0) if he is guilty or wilful disobeclienc~ to ~IlY law ful cornmand, he shall oe liable to ur:pnso:lment or confinement to quarters at the discretion of the Master, for a period not exceeding four weeks and also, at the discretion of the :\faster, to forfeit out or his 'wages a sum not exceeding the wages for the duration or his imprisonment or confinement; (c) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he shall be liable to imprisonment or confinement to quarters for a period not exceed ing twclve weeks and also, at the discretion of the Master, to forfeit for every twenty four hours continuance of disobedience or neglect either a sum not exceeding two days' payor as the case may be, called upon to reimburse any expenses properly incurred in hiring a substitute; (d ) if' he assualts the Master or any Mate or Certi ficated Engineer or the ship, he shall be punish able with imprisonment for a period not exceeding twelve 'weeks and confinement to quarters during the period of the voyage; (e) if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be punishable with imprisonment for a period not exceeding twelve weeks and to confinement to quarters; (f) if he wilfully damages the ship or wilfully damages any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal to the loss thereby sustained and also at the discretion of the Master be charged for the offence which shall be punishable with imprison ment Ior a period not exceeding twelve weeks or to confinement to quarters for the duration of the voyage or to both. (2) If a seaman is convicted of any act of smuczline... ~o 0 whereby loss or damage is occasioned to the-Master or owner of the ship;. ne- shall' be liable to pay to that Master or owner 8. sum sufficient to reimburse the loss or 'damace . and without prejudice to any other remedy, the whole or 0(1; 'proportionate part of his wag-es may be retained in satisfaction of or on account of that liability. 1\0. 22. 283 Merchant Shipping 1982. ,(3) Nothing in this section or in section 131 shall take away or limit any remedy which an owner or Master would, but for those provisions, have for any breach of contract or otherwise in respect of the matters constituting an offence under those sections, but an owner or .Mastcr shall not be compensated more then once in respect of the same damage. 133. (1) If any offence of desertion or absence without leave or against discipline is committed, under this Act, or if any act of misconduct is committed for 'which the agreement with th~ seaman provides for the imposition of a tine and it is intended to enforce the fine (a) an entry of the offence or act. shall be made in the Official Log Book and signed by the :.Mftst~r ,and also by the Mate or a member of the erew ; (b) the offender, if still in the ship, shall before the next subsequent arrival of the shjp at .any POFt or.vif she is· at the time-in a Port/ before her departure therefrom, eitherbe-fumished with a c01JY of the entry or have the Same read over distinctly and audibly to hiW,. and may there upon make sueh reply as he thinks fit; (d) in any subsequent legal proceeding the entries required by this section shall, if practieable.tbs produced alld proved, and in default of that production 01' proof the Court. hearing- the-ease .:~llay, .at its. discretion refuse to :reesive.'evidenee of the' offence or .of the act of .miscoaduct, l3-1. In, every case of desertion from a. ship in -any.Port, the Master shall produce the elftry of th~p.eserti9n W ,the Official Log Book and have it . cllJJy l~gq,1ised.by 'a-Consular Officer of Saint Vincentor by anyNotary Public. 135. The Shipping Master shall keep at his office a list of the seam-en who, to. the best of his knowlec(ge and ·bell~f, have deserted or fail~d to join. their ships after 'sigl).ing an agreement to-proceed to Sea in those ships' and shall on -request show the Iist to a Master-of a ship, and shall not be liable: to be proceeded against iri respect of any entry made in'go-od faith in the list. Entry of otrences ill. Ofticial Loll' Book. Entr'ies and certi~~.... of deser~. Regist~;r 't~ Iist of searasn, 1\0. 22. 284 Merchant Shipping 1082. Deserters from foreign ahips. Discipline of stowaways and persons carried under compulsion. Duties of Master as to stowaways. ~towa:way. may be taken baek on board. Master to not~fy discovery of stowaways. Penalties, 136. If any Master or seaman harbours or conceals any deserter from a foreign ship who is liable to be apprehended, knowing or having reason to believe that he has deserted, that Master or seaman shall for eac h offence be liable to a fine not exceeding two hundred dollars. STO,YA \YA YS 137. (1) If a person conceals himself and goes to sea in a ship, or attempts to conceal himself in a ship to go to sea, w ithout the consent of either the owner or Master of the ship, or any other person entitled to give that consent, such person (in this Act referred to as a "Stowaway' ') shall be liable to a fine not exceeding one hundred dollars or, at the discretion of the Court, be punishable with imprisonment for a period not exceeding one month, and in the case of a second or subsequent conviction, to imprisonment for a period not exceeding three months. 138. (1) Every seafaring person whom the Master of the ship is, under the authority of this Act or of any other law, compelled to take on board and convey, and every stowaway, shall, so long as he remains in the ship, be deemed to belong to the ship and be subject to the same laws and Regulations for preserving discipline, and to the same fines and punishments for offences constituting or tending to constitute a breach of discipline as if he was a member of the crew and had signed the agreement along with the crew. 1139. The Master of any ship arriving at any Port with any stowaway on board shall. without delay, report the matter to the Port Authorities, and shall take aU reasonable measures to prevent such person from landing without the written consent of the Port Authorities and may for that pnrpose keep the stowaway in custody whilst the ship is in Port. 140. Where a stowaway lands without the consent afore said, the Port authorities ~may cause the stowaway to be taken back on board the ship and the Master shall receive him back on board. 141. The Master of any ship shall without delay give notice, to the Port Authorities, or to any customs or police officer, of the presence on board of any person found attempt ing to conceal himself in such ship for the purpose of going to sea as a stowaway, and shall assist in causing such pN80n to be landed. 142. A Master of a ship who contravenes any of the provisions contained in sections 139 or 140 or 141 shall for each offence be liable to a nne not exceeding two hundred dollars. No. 22. 285 Merchant Shipping LOG BOOKS 1982. 143. (1) An Official Log Book made out in the appro priate form, shall be kept in every Saint Vincent ship, other than a ship employed solely in navigation within territorial waters of Saint Vincent. (2) The Official Log Book may, at the discretion of the Master or owner, be kept distinct from or united with, the ordinary Ship's Log, subject to the condition that the spaces in the Official Log Book shall always be duly filled up. (3) Whenever an entry in an Official Log Book is required to be made under this Act, it shall be made as soon as possible after the event to which it relates, and if not made on the same day, it shall be made and dated 80 as to show the date of the event and date and time of the entry; and if made in respect of an event happening before the arrival of the ship at her final Port of discharge, the same shall be made within forty-eight hours of the arrival and not thereafter. (4) Every entry in the Official Log Book shall be signed by the Master and by the Mate or some other member of the crew, and also (a) if it is an entry of .illness, injury. or death. by the medical practitioner on board, if any; and (b) if it is an entry of wages due to, or of the effects of, a seaman who dies, by the Mate and by some member of the crew besides the Master. (5) All entries made in an Official Log Book in compliance with the provisions of this Act shall, until the contrary is proved, be evidence of their contents, provided the authenticity of the Log Book is established. Official L~~ ~OOk3 to be kept and to be evidence. 14;4. (1~ The~Iaster of a ship for which an. Official Log Entriei Book IS required to be kept shall enter or cause to be entered r:q~~~tl.l in the Official Log Book the following matters, namely,- Log Book. (a) every .conviction .~f .n m~mqer.of his crew, by a Court of Law, and the punishment inflicted; No. 22. 286 Merchant Shipping 1982. (b) every offence committed by a Member of his crew for which it is intended to prosecute or to enforce a forfeiture, or to impose and recover a fine, together with such statement concerning the copy or of· the reading over of that entry, and con cerning the reply (if any) made to any charge; (e ) every offence on board for which punishment is inflicted on board, and about the punishment actually inflicted; (d) every arrest and confinement made in pursuance of section 129, and the circumstances leading thereto; (e) every case ofdllness of or injury to a member of the crew, with the nature thereof, and the medical treatment, if any, given; (f) every marriage taking place on board with the names and ages of the parties and the date of marrrage : (g) every birth of a child, or the death of a person, happening on board with dates and time; (h) every Will made at sea; (i) the name of every seaman who ceas.es to be a: member of the crew, otherwise than by death, with -the place, time and manner, and cause thereof ; (j) the wages due. to, and the personal effects left on board, by any seaman who dies during the voyage, and the gross amount of any deductions to be made therefrom, (k) every colljsion withany other: ship, 8n4 t!le date, time and circumstances of the .occurence ; .and (1) any other matter required -by this Act or by any other law to 'be entered ordocumented. No. 22. 287 Merchant Shipping 1982. 145. (1) \Vhere' for any reason the, Official Log Book ceased to be required in respect of a Saint Vincent ship, the Master of the ship shall, within one month if the ship is in Saint Vincent, and. within three months if she is elsewhere. transmit or deliver to the owner of the ship the Official Log Book duly made out. (2) If a ship is lost or abandoned, the Master thereof shall, if practicable, deliver or transmit to the- owner, as soon as possible, the Official Log Book duly made out to the time of, the loss or abandonment: Provided that where circumstances 'were such that the Log Book could not be preserved when the ship was lost, the Master shall forthwith make out a Duplicate Lo-g Book withtentries as far as he can recollect and ths same, duly marked "DUPLICATE~' shall be admissable in the place of the Log Book. S:gAl\IEX IDENTITY CARDS BG. (1) There shall be issued to every Saint Vincent ssaman, on application by him in accordance with this Act, an identity' document to be known, and in this Act referred to, as a Saint Vincent Seamans Card. (2) In the case-of a citizen of Saint Vincent belong, ing to a Saint Vincent ship or to a Foreign ship, the applica tion for' the Saint Vincent Seaman's Card shall be made at the office-; of' tlre Minister ai:id the. applicant shall produce such documents andTurnish such information as the Minister may require. (3) In the case of a, seaman belonging to a Saint Vincent ship who is not a citizen of Saint Vincent, .tlreappliea tion for a Saint Vincent 8el'llmlHi's<Card shall be made to the Registrar or Deputy Commissioner, who may, subject to the general or special direction of the Minister, issue the Identity Card. 147. (1) Every person to- whom a Saint Vincent Sea man's Card has been issued shall keep it in his safe custody and shall produce it' on demand to the authorities. (2) Upon an application for the issue of a card in substitution of a card lost, destroyed or defaced, and upon payment of the fee if any prescribed, the' Registrar shall, if satisfledthatthe car-d-has been lost, destroyed.or defaced (and in the case of a defaced card, that it has been surrendered) issue a fresh card. ' Official Lo&, Book to be sent when 110 longer required. Issue of Saint Vincent Seaman's Identity Card. Production and particular. of Identity Card. ·No.22. 2SS Merchant Shipping 1982. Construction and survey Rules. (3) If any of the particulars entered upon a Saint Vincent Seaman 'sCard has become or has been found to be incorrect, the person to whom the card "vas issued shall, as soon as possible report the fact to the Registrar and shall surrender the incorrect card. PART V-SAFETY OF LIFE. AT SEA 1. CONSTRUCTION A....."\l) EQUIPMENT OF SHIP RULES AS TO CONSTRUCTION, EQUIPMENT .A1'TD SAFETY 148. (1) The Shipping Master may make Rules prescrib ing requirements for the hull, equipment and machinery of ships to which this section applies and requiring- any such ships to be surveyed to such; extent, in such manner and atsllch intervals as may be prescribed by the Rules. (2) This section shall apply to (a) Saint Vincent passenger ships, and any foreign passenger ship which carries passengers to or from any place to or from Saint Vincent or between places in Saint Vincent; (b) all sea-going ships of not less than five hundred tons net registered tonnage, or of not less than such lower tonnage and of such description as the Minister may specify. (3) Without prejudice to the generality of the fore going provisions of this section, Rules made under this section may provide that every i::laint Vincent passenger ship 8hall (a) have plans exhibited as provided by or under under the Rules, and maintain such information, relating to the boundaries of watertight com partment, the openings therein, the means of closing such openings and the arrangements for correcting any list due to flooding as may be required; (b) keep all information necessary for the guidance of the Master in maintaining sufficient stability to enable the ship to withstand damage. No. 22. 289 Merchant Shipping 1982. . -------- .. 1-19. (1) This section shall apply to (a) every Saint Vincent ship; (b) every other ship whilst in the territorial waters of Saint Vincent. (2) The Minister. may, in .rclation to any ship which this section is applicable,' .make Rules· witli .respect to all or any of the following matters, uamely r-e (a) the arrangemeut, of ships into .classes, having regard to the services iii which they are employed, to the .nature ,al1d" duration of the voyage,' ana to ,tIle'uu,l~lbel;·,of ..passengers carried; (b) the number, description and mode of construction of the boats, Iife-rafts, ~~e-thro'w',ing .appliances, life-Jackets and life-buoys to be c.a:rr~ed·bv ships; Rules for life-saViII g applia nces, (c) the equipment to be carr-ied by' .any such boats and rafts, and the methods to' be 'provided to get ·the boats vaud other Jife~~~vilfga,ppliances into the' water, including' oil for 'u'se in stormy weather : (d) the provision in ships of a proper supply of l!ghts :inextinguishahle. in -water"a-n'd, .fitted for attachment :to -Iifebuovs-: (e) the quantity, quality and description of buoyant ~ppar ~~~ tp),)e, ~!L~riel;li~J~qJtBd, ~lfips ;.:fH?er III addition 'to' or III substitution for boats, Iife rafts, life-jackets and -lifebuoys ; ." (f) the position and means of securhlg the boats life-jackets. -lifebuovs "and buoyant, apparatus; (g) the making of the boat's; life-rafts) and buoy-ant apparatus, as to show their, :dime;:psionsand the number of .persons' authorised :to be carried . Ol.t them; (h) themanning of lifeboats No. 22. Merchant Shipping 1982. Radio Rule•. (i) the provision to be made for mustering the persons on board and for embarking them in the boats (including provision for the lighting of, and the means of ingress to and egress from, different parts of the ship) ; (j) the provision of suitable means situated outside the engine room whereby any discharge of water into the boats can be prevented; (k) the assignment of specific duties to each member of the crew in the event of emergency; (1) the methods to be adopted and' the appliances to be carried in ships for the prevention, detec tion and extinction of fire; (m) the provision in ships of plans or other inform ation relating to the means of preventing, detecting, controlling and extinguishing out breaks of fire; (n) the practice in ships of boat-drills and fire drills; (0) the provision in ships of means of making effective distress signals by day and night; (p) the examination and maintenance at intervals to be prescribed by the Rules of any appliances or equipment required to be carried thereunder. 150. (1) This section shall apply to (a) every Saint Vincent ship registered under this Act; and (b) to every other ship whilst they are in the terri torial waters of Saint Vincent. (2) The Minister may make Rules (hereinafter referred to as Radio Rules) requiring every ship to be provided with a radio installation and to maintain such a radio service and to carry such number of Radio Officers or Operators, of such grades and possessing such qualifications, as may bi arescribed, No, 22. 291 Merchant Shipping 1982. (3) The radio installation required under this section (a) for a passenger ship of whatever tonnage, or for any other ship of sixteen hundred gross tonnage or upwards, shall be a radio telegraph install ation; and (b) for any other ship, shall be either a radiotele phone installation or a radiotelegraph install ation, at the option of the owner. (4) Without prejudice to the generality. of the fore going subsections, Rules made under this section may (a) prescribe the duties of Radio Officers and Operators, including the duty of keeping a Radio Log Book; (b) apply any of the provisions of section 145" to any Radio Log Book required to be kept under the Rules; (c) require the Master of the ship to cause to be entered in the Official Log Book such.particnlars relating to the operation ,of the radio 'installation, and the maintenance of the radio service, as may be specified; (d) prescribe requirementa-Eor such. portable radio apparatus that the boats or life-rafts may be required to carry as part, .of the Life-Saving Appliances. Rules for under this dir'ejaion finders. 151 (1) This section shall apply to (a) every Saint Vincent ship registered Act; and (b) to every other· ship, of sixteen hundred tons gross tonnage or upwards" whilst: they are in territorial. waters .of . Saint ' Vincent. . ', ,,{2)~ .T!:e: r.MiD;ist~r. ,~ay make <~~ules :eA.:rfiriJ;~g.,~~ips 'to,,W;hlCl}'Jt;b.lS section applies to be provlp,ed':wltli a. direction finder: (}f.:such··a -natureas may he p"rE~s'cri'oed. No. 22. 292 Merchant Shipping 1982. Further pro v laions as to radio nnYigatlolli!l aids. Opcuings in passenger ship's hulls and water tight bulk-heads. (3) ,\Yiij.J.out prejudice to the generality of the fore going subsections, Rules made under this section may provide for the position of Direction Finder in the ship, for the .communication between the Direction, Finder and the bridge, for the testiuz of the Direction Finder at such intervals as. c occasion may require and for the recording of the results of the tests. 152. The Minister may by Rules prescribe the require ments of stancTardsof, position and method of fitting radio uavigational aids, other than direction-finders, when they are carried on board Saint Vincent ships. 1:33. The Minister. may, in relation to any Saint Vincent passenger ship, make rules for any of the following matters, namely s-« (a) for closing and. keeping. closed the openings in ships' hulls and for endllri~lg watertight bulk heads; (b) for securing, keeping in place and inspecting contrivances for closing any such openings as aforesaid; (c) (d) for operating the mechanism of contrivances for dosing any' such openings as aforesaid; and for requiring entry to be made in the Official Log Book or other record to be kept on any of the matters aforesaid. Rules to implement Intcrnationa! Convention on saf~ty of .Iife at sen. Snrvey c;crtifiente. 154. Rules made under this Part. -shall include such requirements as in the view of the M1"Ilist'er ',,:ould implement the provisions in regard to those matters of the International Convention entitled "the Internatioilal -Co~ventionC 'ror the Safety of Life at Sea" signed in Londorron 1st November 1974"aild referred to in this Act as "the Safety Convention". SURVEYS 155. For the purpose of the issue ,of a Certificate in respect of' & ship under this Part, 'the' surveyor shall conduct the sur:Y~y of a ship in accordance: with: theC()li~t'ruction and :Sur,ve:Y:Rules ands.if Jie is. satisfied that :a CerHtic/Jt~ cari he issuelf,:' he -slialLd~n;ver to the- .owners; a SU:rv~Y'Gei'ti·tre·atf in the usual forni. No. 22. 293 Merchant Shipping 1~2. 156. The owner oIa ship which has been surveyed shall, directly or through the surveyor or the classification society and within thirty days after the receipt by him of a Survey .Certificate, havela, true ,copy of the. Certificate. transmitted to the Registrar or to the Deputy Commissioner. 157~ If the owner ,of a .ship. feels aggrieved by the find ings of the Surveyor of the. ship or an Engineer Surveyor, ora: Radio .surreyor thereof or by the refusal of any Surveyor to; furnish a Certi1tcate,· he may appeal to the. High Court in the mariner provided by the Rules of the Court. CERTIFICATES 158. (1) The Minister shall, on receipt of Certificate of Survey in respect of a Saint Vincent passenger ship, examine whether. the ship complies with the. Construction' and Survey Rules, the Rules For 'Lire-Saving Appliances, the Radio Rules, Bind the Rules f(}r Diseetion-Fmdersapplicable to the ship in relation to the international voyages she is to be engaged on, and as to whether she is properly provided with the lights and means of making fog-signals required by the Collision Regulations, and if he" is satisfied about the sa-me, he may, on the application of the owner, issue a Dertificate (hereinafter referred to as the General Safety .Certifleate) to the effect that the ship complies with the requirements of the Safety Convention. (2) Where the Minister is satisfied, on application of the owner of any passenger ship that the same is exempt from compliance of all or .any of the Rules. referred to in sub section (1), he shall, issue in respect .of the ship, an Exemption Certificate stating that the ship 'is exempt from the relevant requirements' 'of the ~SafetY90n:vention spelling· out the extent to which. and the voyages in respect of which, it stands exempted; Transmission of Survey Certificateo Appeal to Court, Passenger ship Safety Certificate and Exemption Certificate. 159. On.receipt. of certifleatesof .survey in respect of a Passenger passenger, ship, if ·theMinister. is 'satisfied that the require- ship ments of this part in, respect of construction andeq.llipmfmt Certificate. applicable to rthe ship .havei been; complied with be shall. on th.e application of the owner, issue a Certificate 'to' that effect (hereinafter' referred to' as a, Passenger Ship CertificateY'and setting out the limit - ' ... No. 22. 294 Merchant Shipping 1982. Cargo Ship Safety Const.rucbicn Certificate aUG Exempt ion, Certificate. Cargo ship SafetY' Equipment Certificate and Exemption Cer tificateo (a) if any, beyond which the ship is not fit to ply, and (0) the number of passengers which the ship is: fit to carry. 1GO. (1) The Minister 811all, on receipt of Certificates of Survey in respect of a Saint Vincent· ship, not being a passenger ship, examine whether the ship complieawith the Construction and Survey Rules applicable to the' ship and to such voyages as she is to be engaged 011, and if he is satisfied about the same, issue in respect of the ship a Certi ficate (hereinafter referred to as the Cargo Ship Safety Construction Certificate) to the effect that the ship complies "with the relevant requirements of the Safety Convention. (2) Where the Minister is satisfied on application of the owner, of any ship (not being a passenger ship) that the same is exempt from compliance of all or any of the rules referred to in sub-section (1), he shall issue in respect of the ship (a) an Exemption Certificate indicating as to which all requirements of the Safety Convention the ship is exempt; and' (b) a .. Certificate showing that the ship complies with the rest of those requirements (hereinafter referred to as Qualified Cargo 'Ship Safety Con struction Certificate). 161. (1) The Minister shall, on receipt of Certificate of Survey in respect of a. Saint Vincent ship, not' being a passenger ship., examine whether the ship.' complies with the Rules for life-saving appliances applicable to the ship in relation to the international voyages she is to be engaged on and if he is satisfied with the same and also cfinds tl~t she is properly provided with -the lights and 'means of rnakinz foz signals required-by the Collision-Regulations, he shall,~n the application of the .owuer, issue in respect of the ship a Certi ficate (hereinafter referred' to 'as the Safety Equipment Certificate) showing that .the ship' complies 'with the require ments of the Safety Convention relating to rthose onatters as are applicable as aforesaid. Xo.22. 295 Merchant Shipping 1982. (2) Where the Minister is satisfied that the ship referred to: in sub-section (1) .is 'exempt from compliance of all or any of the Rules or Regulations applicable under that sub-section, and that she' complies withther,est of those requirements and is' properly provided with' the' -Iights and means of making fog-signals requil't@.by the Collision Regu~ lations; he rshall, on the application of the owner, issue in respect of the ship, an' Exemption Certificate spelling out the requirements of the relevant Safety Convention in respect of which the ship, 'is' exempt. 162. (1) The Minister shall on receipt of Certificate of Survey in respect ofa Saint Vincent ship, 'not being 'a passenger ship, examine whether the ship complies with the Radio, Rules and Rules for ' Direction-Finders 'applicable to the ship.iin relation to the international voyage she' is to be engaged on and if he is satisfied about the same, he shall, on the application of the owner, issue in respect of the ship a Certificate (hereinafter referred to as "Raido-Safety Certifi cate) showing that the ship complies with ithe requirements of ' the Safety Convention relating "to Radiotelegraphy, Radio telephony and Direction-Finders as ' are' applicable as afore said. (2)\Vhere the Minister is satisfied Jhat the ship referred to in sub-section (lr'is exempt from compliance of all Or any' 6f the 'requiremente of the ,Radio Rule8 or, Rules for Direction-Finders applicable under that sub-section, and that she 'eompliea.with the restof those)requir~ments,he shall, On the application ?f the owner, ;j;s'SHeri~ .re~peCt of the ship, an Exemption Certificate relatmg to Radiotelegraphy, RadIO. telephony and Direction-Finders spelling, out the requirements of 'the relevant Rules in'r.esnect of which the ship is exempt. 163. (1) Where a ship complies with all the require ments of the Construction and, Survey Rules, Rules for Life Saving Appliances, Radio Rules" andRule~ for 'Direction Finders as' ar'e"applica.bleto 'theehip and to the voyages' on which she is to be engaged so far as those requirements are requirements of the Safety" Convention a-pplicable as afore said, the Minister may' issueIn' respect of the' ship a General Safety Certificate, Cargo Ship, Safety Construction Certifi cate, Safety Equipment, Certificate, Radio Safety Certificate, as tht case .may be, ..notwithstanding 'that she" is exempt from or for, some other-reason,' does not' COID'p'ly 'YitI1" any require rient of those'Rilles that are not applicable .requirements of the Safety Convention. Radio Safety Certificate and Exemption Certificate. Issue of certificates on partial compliance with Rules. No. 22. 296 Merchant Shipping .1982. Issue of Certificates by foreign governments on request by Minister. Certificatell in duplicate and fees for Certificates. Notice of altera tiona and additional surveys. 164. (1) The Minister may request the government' of a country to which the Safety Convention applies -to issue in respect of a Saint Vincent Ship any Certificate other than a Passenger Ship Certificate, the issue of which is authorised under the foregoing provisions of this Part; and 'a Certificate is-sued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this Act as if it had been issued by the Minister and not by the government of that ~-ountry. (2) 'Where in pursuance of :a request made under this section the government of the country requested to issue a Certificate is willing to issue a Qualified Certificate but is not willing to issue the corresponding Exemption Certificate, the:Minister may issue the Exemption Certificate in respect of the ship. 1G5. The issue of any Certificate under the foregoing provisions of this Part shall be made in duplicate and upon the payment of such foes as may be prescribed. 166. (1) The owner or Master of a ship in respect of which BUy Certificate issued under the foregoing provisions of this Part is in force shall, as soon as possible after any alteration is made in the ship's hull, equipment, appliances or machinery affecting the efficiency thereof or the seaworthiness of the ship, -give written notice to the Minister' containing full particulara of the alteration. (2) If notice of any alteration is ' not .given .as required by this section, the owner-or: Master of the ship shall be punishable with a fine not exceeding four hundred dollars. (3) If the 'Minister has reason .to believe that since the issue of the last Certificate of survey in respect of any ship (a) any such alteration has been made as .is referred to irrseb-seetionLl ).: or (b) the hull, equipment, appliances or machinery of the ship, owing to damage or, otherwise, are .no longer ·in conformity with the Certificate ,01 Survey, No. 22. 297 Merchant Shipping 1932. the Minister may require the ship to be again, surveyed to such exLent as he thinks fit, and, if such requirement, is not complied with, he may cancel. any Cer~i~cate issue~ in respect of the ship under the foregoing provisions of this Part. 167. (1) A Safety, Certifieate.. other than -a Cargo Ship Safety Construction Certificate, a Passenger S.hip Cert~ficate, r. Radio SaretyCertificate, and an Exemption Certificate stating that a ship is wholly exempt from the requirements relating -to Radiotelegraphy, Radiotelephony and. Direction Finders, shall remain ·in force for one, year from its 'date of issue or for such shorter period as may be specified in the Certificateo (2) A Cargo Ship Safety Construction Certificate shall remain-in force for five' years 01'1 such shorter period as may be specified' in I the' Certificate, (3) A Safety Equipment Certificate shall remain in foreefor twenty four, months from the date-of, its jssue or for such' shorter p~riod'ra:s may becspeeifled, .in'f the. Certificate. (4) All~' Exemption Certificate" other than 'a .Oertifl cate stating that. a ship is wholly exempt from the require. ments relating to Radiotelegraphy, Radiotelephony and Direction-Pindei-s; .shalltremain rin .force' for, the :same-period as 'the' correspoudlng :Qualified Certifieateo (5) The Minister may grant. anex,tension .of . any Oertificate granted under the foregoing provisions of this Part of)'tffis) A'C't in respect of any. Sa;intfYinc~nt S}Jip: for a periodfioVex<'eeding five' months': from") Lthe .date: i,when a Certifleat» would have expired. (6) No Certificate referred to in the foregoing' sub sections shall remain in force after notice is given by the Mi~istl"~;. t~;,~~li'o~er, ·or:1\fast.Al" of-the ship; in-respect of WhICh: It [ has t been' nissued, that -the -Minister. hss-, .eaneelled theJ Oertificate. Duration of Certi1lcates '}fAA. Any-~Gertifieate issued LbyJf the cMinister.runder the Oertifieate. Ior-eghingr' 'T«t'ovlsicms'l,::of this Part, shalL<. be:tAtkii8'sible ~n admissible evia'encewithout~;tbe'necessityof"anyiproof. ofllitS:,RutheI\ti- in eTidenc.. city: other tha-n, tha·t':w-hich appearsonths Jace.Qf~t,.;and7l:!hal1, until the contrary is proved; [be, evidence. ofroit~flcontents. No. 22. 298 Merchant Shipping 1982. Cancellation of Certificates. Delivery up of Certificates. Posting up of Cerfifieates, Falsification of certifieate an offence. 169. (1) The Minister may cancel any Certificate issued in pursuance or the foregoing provisions of this Part where he has reason to believe (a) that the survey on which the Certificate wrs founded has. been in any way fraudulent or erroneous; o-r .( b) that tbe Certificate has been issued upon false or erroneoua information; or ',I that since the issue of the Certificate, the hull, equipment; or machinery of the ship, owing to damage or otherwise, are ne longer inconfor mity with the Certificate of Survey. . (2) In eveey ease refer:real to Insub-section (1), the Minister 'may require the owner to have the hull, equipment or machinery of the ship again surveyed before the re-issue cIT the Cerfiflcate ·or ~t 'of a .fresh· one in lieu thereof. J.70.The Minister may require any Certificate whieh has expired or been .eaneelled under the .foreg-oingprovisions of this Part to be delivered up in such manner and within such time;as 'ne may direct. 171. The owner: tar Master of every ship requir-ed to ·have a Certificate under.othis- Part shall on the receipt :o-f the Certificate by him or his agel-its becauseone of theduplieates thereof to be posted up in sorr e conspicuous place on board the ;ship. 172.': It :a pers.on 'knowingly vand wil.fl111y makes, or assists inmakin.g 'asurvey or Certificate! which is false -er fraudulent, or forges or assists in forging, or-prceures to be forged, or fraudulently alters. assists in fraudulently altering or prdc~r~;tor:bcefraudnlerttly altered,any -Oertifleete, or anythi:ng:~().ntalined in, or any signature in anysueh:. Oerti:fi. eate:he:shaiJ.I~be -;~rlty/of;an cdfeneepnnishablewith i~n­ ment. for.~ .~period not exceedmg one -17ear or, to "8 fine; not exeeedin~.;·lone thousand dollars. No. 22. Merchant Shipping ENFORCEMENT OF RULES 1982. 173. (1) No Saint Vincent ship shall proceed to sea on an internafiuaal, voyage unless there ~s in force in respect of the ship a General Safety Certificate, of.~ Safety Con struction Certificate, a Radio Safety Certificate, a Safety Equipment Certifieate or an Exemption Certificate relevant to the vtJYage on which the ship is about to proceed'<and to the tracie sUe· is f(};1' the- time baing engaged. (2,) A Saint Vinc.ent.Passenger ship to which '.seetioll 148 applies shall proeeed to .sea, or .on any voyage or excursion £rom any Port. in Saint Vincent, only if' there- i13 in force in respect of the ship a . Passenger ship Certificate' applicable. to .tbe.. v{)yage.or.· excursion on which the, ship. is about to. proceed ualessvthe voyage or excursion is one in respect of which the Minister has granted exemption. for the ship 'from· the- reqGirem-ents of.. sub-sectlon -(1). (3) ltJll,.ship proceeds or attempts to. proceed to sea', or on any voyage or excursion in contravention of sub-section (1) or sub-section (2), the owner and Master of the ship sllall,wit-nout prejudiee to.any other. zemedyor penalty under .thia- Act (a) in.the·~¢apassengership, be punishable witl». nne not exceeding one thousand .,qollats,; (b.) in-the e~se .cf as¥p nct.being a,'p'assen~er:shi,:p~ be punishable WIth. ·finenot . exceeding ..:five hendred.idollars. (4) The Master of every passenger ship to whieh seetson 14.& app-lies,and:of ,any, other S3.ibn.ti 'ym cent ship, shall predaeeon- demand, bX the'Qfficer,Irom>who-m' aclear'ari~e for the -s1<J.ipis s~~ht, the Ceztificate-or Cer#ficat~sreqw.redby the' foregoing !provisions Qi thiasecfion, .as ,inf'orce"wh'en- .tl1e ship: peoeeeds t~sea.on a voyage or ,eXcursion i-.and·a.crea.ranc~ shall.aot -be: gr8J.1t,ed,.and,the ship m,ay..he..detained .until. the said certifieate..~~qc~rtifiea.tes are ~op.~i :a.nd,. u;,: th.e, e.~ of a passenger ship It may be so detained until clearance for the ship is given whether, the"certm:cates .were· demanded or not.. Shilli not to proceed to sea. without appropriate Certi1ieates. No. 22. 300 Merchant Shipping 19~2. Penalty for carrying passengers in exe.. uf the. permitted number. Removing of persona in ease of danger. Modification of Sdeq certificate ns regards life-saving applianses. Proviaions as to life ..aving Itpplian... (;'5) Where an Exemption Certificate issued in rospeet of a ship specifies any conditions on which the Certificate is issued and there is a failure to comply with any of the conditions, the owner or Master of the ship shall be liable to a fine IH~t exceeding two hundred and fifty dollars. 174. The owner or Master of any ship to which section 148 applies shall not receive, or have on board thereof in any part thereof, any number of passengers which, having regard to the time and circumstances ~f the case, is greater than the number allowed by the Passenger Ship Certificate issued i1l\ respect of that ship, and in' the event of any violation the Master or owner of the ship shall be punishable for each offence wifl: a fine not exceeding one thousand dollars. 1i5. The Minister may, for the purpose of enabling the rescue of any person who face a threat to his life and for his removal to safety', permit more persons to be carried on board a ship than are allowed under the Passenger Ship Certificate of the ship, and the carriage of any excess passenger in accordance with such permission shall not be an offence under section J74, 176. If a Saint Vincent Passenger Ship in respect ()t which a Safety Certificate is in force has on board a total number of persons less than the number of persons stated in that Certificate to be the' number for which the life-saving appliances on the ship provide, the Minister may, at the request of the Master or owner issue a memorandum stating ~h.e total number of persons carried on the ship on that voyage arid the consequent modifications which may be made for the purpose of that voyage in the particulars with respect to memorandum slull be annexed to the Certificate. 177. (1) It shall be the duty of the owner and Master of" every Saint Vincent ship to see that his ship is provided, in accordance with the Rules for Life Saving Appliances, withsuch of those appliances as, having regard to' the nature of the service on which the ship is employed and the avoidance of. undue encumbrance-of theship's deck, are best adapted for securing the safety. •of the crew and passengers. (2) Where in the case of any ship which is required by the Rules for Life Saving Appliances to be provided with necessary appliances No. 22. 301 Merchant Shipping 1982. ~-- --~------ . (a) the: ship proceeds on any voyage or excursion without being so equipped arid provided ill accordance with the Rules that are applicable, or (b) (c) any of the appliances with which the ship is so provided are lost or rendered unfit for service in-the course of the voyage or excursion through the wilful default or negligence of the owner or 'Master; or The Master wilf'ullv neglects to replace or reparr at the: first opportunity any such appliances lost or damaged, ill' the course of the voyage or excursion; or (d) such appliances are not kept. so as to be at all times fit and ready for use; or (e) any provision of .the Rules ForL~~e-Saying Appliances applicable to the ship has not been complied with or has been contravened, therowner andrthe Master of the .ship shall both be deemed guilty .ofan offence punishable with fine (i) not exceeding two hundred and fif! y dollars in the case of the O\YllH'; and (ii) not-exceeding five hundred dollars in the case of the Master. \3) The \provision of this section shalt-be without prejudice to;.8:nyotherpenalty or other punishment that may be'1~1p.p~seq:o~;the.,Masteror the owner' for' the same violation under any other law. 17,8. (J), The .Master of,-,every Saint Vincent ship shall Entry iu cause to be entered in the Official Log Book .a statement of Log Book. every occasion on which boat-drill or fire drill is practised 0~boar4"the ship: or, which the appliances and equipment requ.ired ..by. the ; Rules. for Life,~Saying4p~l>;lj~ces.t?; b,~ :carrI~4 .,are, examined to, see whether they ¥1re fit and ready for use, and of the result of any such examination; 'and,:in case if the boat-drill or fire drill are not practised on board No. 22. 302 Merchant'Shipping 1982. Enforcemcnt of Rlldi& Rules, Rules f'll' Directtos» F'indera and Radio Navigational Aids. Enfo~ement of Rules under section 150. Master to furnish passenger manifest. Inspection to ensure compliance with Rules. the shin or the said appliances and equipment are not examined at the -intervals '<tS provided in those Rules, in respect of the ship, tl.e Master shalf cause a statement to be entered in ~he Official LoO' Book giving the reasons as to why the dr-ills ~ . were not practised, or the appliances and eqUIpment were not examined in time. (2) If the Master of a ship fails to comply with any of the requirements of sub-section (1) he shall for each offence be punishable with a fine not exceeding one hundred dollars. 179'. If the Master of a Saint Vincent ship fails to cause an entry to be made in the Official Log BOGk in contravention of the relevant provisions made by' or under-this Act or if a Radio Officer or Operator contravenes any such provision, he shall be punishable- 'With anne not exeeeding one hundred dollars and if the provisions aforesaid are contravened in any other respect in relation to any Saint Vincent ship, the owner or Master of the ship shan be liable to 6 :fine not exceeding two hundred and fifty dollars, 180. 1£ any of the. Rules made in pursuance of section 15t)oT thisAC!t is' not 'eornplied with hi relatio-n to any Saint Vincent passenger ship, -the Master of the ship shall be liable to a :fine not exceeding four hundred dollars. 181. (1) T11-e Master of every ship, whether a Saint Vincent ship or a foreign ship, which carries any passenger to' a place hi Saint V'mcent from any plaee outside it, or from a place ill Saint Vincent to any place outside it, it shall furnish to such person and in such manner as the Minister may direct, a return giving' the total number of passengers so carried whichrshall contain such particulars with respect to the passeng-ers as the Minister may. from time to time, direct. (2) Every passenger shall furnish the Master ~f the sHIP. with. the information required by him for the' purpose making the return. 182. (1). A surveyor of ships may inspect any-ship so as to ascertainrand ensurevthat the Rules made' under the for-egoing' provisions of" this Part· have b-een duly 'complied with. No. 22. Merehant Shipping 1982. (2) If the surveyor finds that any of the said Rules have not been. complied with, he shall give a. written notice to the owner or Master stating in what respect the Rules have not been complied with, and what, in his opinion, is required to rectify the position. (3) The notice referred to in sub-section (2) shall be .eommunieated, in such manner as the .Minister may direct, to the Officer from whom .the ship may seek to obtain a clcaeance, and clearance shall, not be granted to the ship thereby detaining the ship, until a eertiflcate under the hand of 11. Surveyor Q-fships is produced to the effect that the position has been rectified. .EXEMPTiONS 183. (1) The Minister may exempt an-y ship or class of ships from' any Rules or Regnlations made under the fore goiug provisions of thiS·'.Part 'either abselutely or subject to such conditions 'as he may' think fit. (2jWithout, prejudice-to the -generalisy of the pro vrsions eWltamed in sub-section (1), in. a case where a ship wh.ich .is not normally .engaged on international voyage, is required to undertake a, single international voyage, the ~inister may, if he is of the opinion that the" ship complies with tho- safety requirements that are .adeqiiate for that voyage, exempt the ship from any of the safety requirements imposed qy or under this Act .for the purpose -of the particular ¥t>y.a.ge. Power of the Minister to exempt from Safety requirements. E~ion of certain ships from certain provisions. 184. Nothing contained in the forp.~oing provisions of this Put .shall ~;applytQ,any ship (}f.. iWar,tro,opship, pleasure yacht or fishing vessel, or to anyship Ies :than five hundred net registered tonnage (not being a passenger ship) or to amY' ship not propelled by mcchanieal. means. LOAD LINE AND LOADING General Provisions 185. (1) The Minister may, having regard to the pro- Load Line vis.ions of this Act on Load Lines, make such Rules as are BuIes. oOJ!lSmtent WJith:;the; :relevant·..Jnterna,tienal ,:Cnhventions. (2~ WithOnt';!pr~jndice").tolithe 'generdity of db section (1), the Rules made thereunder fshtill'provide . 304 No. 22. Merchant Shipping 1982. (c) (c) (a) (d) for the surveying and periodical inspection of ships to which the provisions of this Act on Load Lines apply; for determining frecboards to be assigned from time to time to such ships; for determining, in relation to any such ship, the deck which is to be taken to the main deck of the ship, and for requiring the position of that deck to be indicated on each side of tho ship by a mark in such manner as may be speci fied; and for Jetermining, by reference to that mark and the freeboards for the time being assigned to any such ship, the position in which each side of the ship is to be marked with lines as provided by tle Rules.vindicating the various maximum depths to which·" the ships may be loaded ill specified circumstances, (3) ,The Load.Line Rules may also include provisions requiring such information relating to the stability of any ship to which freehoards are assigned thereunder, and such information relath.f!' to L;> loading and ballasting of ship, as may be determined in u't;ordance with the Rules that" way toe made fOL' tIle guidance "f the Master of the ship. ( 'omplianse with L06d rJines' Bules. 186. . (1 ) No snip r egistered under this Act, to which provisions r ..lating to LoaI Line are applicable shall proceed to sea or attempt to proceed to sea unless (a) the ship has been surveyed in accordance with the Loal Line Rules; (b) the ship is marked with a Deck Line and with Load Lines in aeeordanea with the relevant Rul"es; and (c) the ship complies with the conditions of assign ment. (2) 1£ any 'ship .proeeede or attempts to proceed to sea in contravention of sub-section (1), the owner and the Master of the ship shall .both tbe punishable 'with: a fine not exceeding five .hun"drM -dollars. No. 22, 305 Merchant Shipping 19b~ (8) Anv ship whi.-h attc.npt« to proceed to spa with out beinO' surveved and marked as mentioned in paragraphs \ a) and r-, b . 01 ~ulJ sl'etioll (.L) I",IV be detained until she has be en ~:o surveyed and marked. (-1-) Nothing eunta incd in sub-sections (I) ~r?-d (2) shall appl," to a ship w hivh is ex e.upt under the provisions of this Act. (j) Any ship referred to ill sub-section (1), which fails to comply with the conditions of a<;sign.ment shall be (I('!'I1~f'd to bp unsafe for the purposes of section 201. 187. (1) "Where a ship registered under this Act, to which the provisions relatil1~ to Load Line apply, is marked with Load Lines, the, ship shall not be so loaded that (a) if the -shin is i n salt water and has no list, the appropriate load line 011 each side is submerged, or (b) in any other case, the appropriate load Line on each side of the ship would be submerged if the ship 'were in salt water and had no list. (2) If any ship is loaded in a manner which is a contravention of sub-section (1), the owner or Master of the ship shall be liable to a fine not 'exceeding' one thousand 'dollars. (3) If the Master of a ship takes a ship to sea when she has been 'loaded in contravention ofaub-section (1), or if any other person, having reason to believe that the ship i~ so loaded, sends or, is a party to sending her to sea when she is loaded in contravention of that'sub-seefion. the Master and other -perron shall each be'Dlullshable with fine not exceeding one thousand dollars. (4)"Wnere a person is charged with an offence under sub-section (2). it shall be a defence to nrove that the con travention was due solely to deviation or~delav and that the deviation nr delay was euusrd solelv .hy the, stress of weather or other circumstances bevour] coritrol ' ,yhjch neither the Master nor the owner nor ttl() Charterer (it"a'iw) could have fnrr<:PPl1 or prevented. Submeraio.. of Load Lines ~o. 30ti Merchant Shipping 1982. Mil!leellaneoul offenees in relation .4) Markl!l. Load Line "ertilleate. Effeet of T~oad Line IJertilIeate. (5) Without prejudice to any proceedings under the foregoing sub-scetions, any ship which has been loaded in contravention of sub-section (1) may be detained until the loading is fully corrected, 188. (1) Wh« re a ship to which the pro visions rela: ing to Load Lines apply, being a ship registered under this Act, is marked in accordance with any requirements as to marking' imposed by or under those provisions, then (a) if the owner or Mastel' -[;, its without reasonable cause to keep the ship so marked; or (b) if any person conceals, removes, alters, defaces or obliterates, or cause or permits any person under his control to conceal, remove or alter any mark with which the ship is so marked, except where he does so under the authority of a person empowered under the Load Line Rules to authorise him in that behalf, he shall be punishable with fine not exceeding eight hundred dollars. 189. (1) Where a ship registered under this Act, to which the provisions relating to I.Joad Lines apply, has been surveyed and marked in accor-dance with the Load Lin« Rules, a Certifi-a..e called the International Load Line Certi ficate shall be issued on application to' the owner of every ship of not iess thtilJ rive l.undred uct registered tonnage. (2) The Minister may request a Contracting Government to issue an International Load Line Certificate in respect of any .ship registered unrler this Art to whirl! provisions relating' to Load Line apply, and the certiiicate so issued shall contain ia statement that it has been issued -at the request of the Government of Saint Vincent. 190. Where .» certificate issued ill respect of any ship 1Il pursuance of section 189 is produced-. (a) the ship shall be presumed to have been sur veyed in accordance with the Load Line Rules , and No. 22. . 307 Merchant Shipping 19~~. (b) if lines are marked on the ship corresponding in like number and description to the deckline and Load Lines as required by the Load Line Rules and the positiou of those lines so marked correspoud to the deekline and Load Lines as specifled- in the Certificate,. the ship shall be deemed to' have been marked as required by those Rules. 191 (1) The IJoad Line Rules may make provisions for determining: the period during w hich any' Certificate issued under section 189 of this Act is to remain-in force. including c-. (a) the ,.graIDlt, of . extension of.. any .sueh Certificate ana- th'E{ ne.ri'lrls 'f\.!J' .whioh and circumstances iiI' whicn'-ilie .same may ibe granted; and (h) 'the -cancellation of anv such certificate and the eircumetaaees ... lHHJ;er ·,;hich·! it~ may-.he cancelled, (2) While any Certificate referred to in sub-section (] )i:,;in j orce in respect of ally ship, there- shall be endorsed on the Certificate such information relating to (a) periodical inspections of the ship in accordance with the TJoad Line Rules, and (b i ! an" extension of the period for 'which the (;(irtifrCarte .is' valid. 192. (1) A ship. reg-istered under this Act to which the J,'l:ldLi:1E,<provisi01's apply, 8: all· not iproeeed or attempt: to p;·o(·e.(;Wt()~~f'a wiflont tho appropriate Load Line Certificate in respect. of. tbe s11 ip, unless jn relation to the ship .aud .the vovasre au, exemption ,ullderthis Act from. the Load . Line rI'~visions has been.'erante·d. (2) Before- any ship to which sub-section (1) applies proceeds to spa, the Master of the ship shall produce the anpropriate-cernifieate to ;the'offirerfrom whom-the Clearance r-fth~-qhi~ i&cBougbtr. aud »clearanee-rsiiall .C)not-be:' ~ai:rted' to the < l{hi~-thelle-by,..de1iainiItg .;the~ 'ship. until.i.tfies appropriate: certificate' is produced. Duration, endorsemezr eaneellath:l Line Certifien te Ship!! nol;'t to proceed to Bea w thout Load Line Certificate. ~o. 22. 308 Merchant Shipping l~)b~. . . --- . (3) H any s:.ip ptoc eeds o,' a ~telllpts to proceed to sea in contravention of His sect.iou, 111e Master of the ship shall be guilty of an offeuee puuisl.ablc wit}, fine i.o t execed il\g l~i~ht hundred dull.rr ; Pl1 hl ica t i o n (If Load r .i II c .Jel'tificatc m d entry olf .uu-t iculara ;'1 Official f o~ Book. Inspection of ships, Power to make exemptdon orders. Flo. (L) Where a Certificate is issued under section 189 (a) the owner of the ship shall, on receipt of the Certificate, forthwith cause it to be posted up in Rome conspicuous place on board the ship, and shall cause it to be kept posted up SO as to be capable of being read easily as long as the Certific ate remains in force end the ship is in use; and (h) the Master of the sl in. hcfuie makinQ' any otheJ}; entry in the official Log Book relating to the ship, shall enter in it the particulars as to the positions of the Deckline and the Local Lines as specified in the Certificate. (2) Before any ship registered under this Act to which jilt' Local Line provisions apply, leaves any dock, wharf. larbour or other place for: the 'purpose of;;prlJ'ceeding to sea, Le Master of the ship shall enter in the Otficiul Lorr Book such par-ticulars relating to the depth to which the ship is for '..he tiuo bcin g loaded as may be prescribed by Regula t ions made by the Minister under t11i8 section. 104. A ship Surveyor or Engineer Survevnr mav inspect any-ship revistered under this Act to which the Load Line pro visions of this Act apply, for the purposes of ensuring that the said provisions have been c1uly complied with in respect of the ship. 195. (1) If. in the opinion of the Minister, the nature and conditions' of certain internationrI voyages make it unreason able or impracticable to apply the provisions of this Act relating to Load Line to ships plying on such voyages, and the Minister i~ satisfied thpt the Government of any other State which may be concerned concurs in that oninion, the Minister may direct RIlCh ships to be exempt from the Load Line provisions of this Act. (2) Anv order made under, this section may impose such conditions as the Minister; thinks flt, and where "any such order is made, subject to conditions, .the exemption conferred tb ereby shall not have effect in relation to any ship unless the ..hi I) complies with those conditions. No. 22. 309 :\It'l'ehant Shipping 1982. 196. (1) Where the Minister exempts any ship under the lasr.jrreceeding section, hashall issue the appropriate Exernp tiorr.Cei-tificate to the owner of the ship. (2) Any, certificate issued under this section shall be in such form and be 'issued in such manner r s may be prescribed by the Load Line Rules. Issue of .1'; xem p ri o1I C\' r t i f C fl t c. lD7, (1) Tl~e Load Line Rules may make provision (a) 'for' determining the period 'during whichany EXe~lJption conferred under section 195 or aiyexemption Certificate issued under section 198 rre to remainin force'; !!) I enabling tile extension of the period for which any such exemption or Certificate thereof originally couf'erred I';', i:'':'i\lprt and specify the limits and circumstances in respect there of;: and (c) specifying the circumstances in: which the exemption may be 'terminated or vthe certifi crte of exemption cancelled. Durat io n .r n d t e rm .nutio n of ,,':'('1>p1 io us "nil e '.1 dorse r' , t ;1 Jl d to·, n ~·eJ.l:l t ion p" R~rH llltioll l"'1'~ ;fica h'. (2) While any such Certificate is'in force in respect of a shin there shall be endorsed on the Certificate in such manner. ~s maybe prescribed, the information relating to (a) periodic inspection of the ship in aecordance with the Load Line Rules, and (}.» any" extension of: the .period for which the Certificate was issued. 198. Certificates issued Or .extended in pursuance of eec tion 197 shall 'be' included' among the': Certificate to be called International-Load Line Exemption Certificates. 3. UNSEAWORTHINESS 199.(1 \ Tf R'lV nerson sends orattemuts to send. or is .a narvv to' sending' or' attempting to send, P Saint Vincent ship tt) f'p'a in such an unseaworthy state that the life of any person is Ii'cely to be thereby' endang-ered, he shall (unless he proves Intel'lUI ti ona I Load Line Bxcmp,ioll Cer tiflc» td: 07fcEce to sen r1 , .uusenwor thy sh ips to sea. No. 22. :310 Merchant Shipping 1982. Obliga.tion. :t~ to seaworthillen i n relation to the erew. Power to detaia nnlafe Ihip.!l. that. he· used .all reasonable means to ensure the ship being sent to sea in a seaworthy state or that the-ship-going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable) be guilty of an offence punishable with im prisonment' for aperiod not exceeding one year or witb .a fine uot exceeding five thousr nd dollars or to both such imprison ment and fine. (2) If the lVIaster of a Saint Vincent ship knowingly takes thesame to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered, he shall, unless he proves that her going to sea in such r n unseaworthy state was. under the circumstances; reasonable and justifiable, be l?l,il'y of an offence punishable with imprisonment for a period notexceeding one yer.r or with a fine not exceeding five thousand dollars or to both such imprisonment and fine. 200. (1) In every con tract of service, express or implied, between tl'e owner of a ship and the Master or any seaman thereof, and in every instrument of apprenticeship whereby any person is to serve as an apprentice on board any ship, there shall be implied, notwithstanding any .agreement to the con tr:' ry; an obligation. on the owner of the ship that the o'....ner and the lVIaster and every person charged with the loading of the ship, or the preparation of the.ship for sea, or of -the sendin-r of the ship to sea, shall use all reasonable' means to ensure the seaworthiness', of. the ship for the voyag.e at the time when the voyage commences and "to keep her in a seaworthy condition during. the voyage. (2) Nojhi~ cent ined in subsection (1) shall subject ~he owner of a ship to any liability by reason of the ship being sentrtu-sea- in ani. unseaworthy statawlrere; owing to special eircumstances, t1· e sending-)of;;the'ship:toLsea, in such p state was reasonable and justifiable, 20.1. (il.) ")Vhere·,a,·Saint Vincenbship;.being in any Port ill 82 :.,1- Vin-enr is.r n .unsafe shin, .thatristo say; is .by.treason of. the defective condition of her hull, emipment or machinery, or bv reason of undermanndng; 01"' overloading or improper loadin«, or unfit to proceed to sea without serious danger to human life, having rezard.. to the, nature of the service for which the S~T~1'), is intended. the, same- .may. be provisionallv detained for thepnrpose.of being, surveyed or for ascertaininc the. snfflcieuov of. the. ere\Vr and: thereafter' eitber rfinallv- be detained or released as hereunder - . No. 22. (a) (b) (c) Merchau; Shipping the Minister, if he has reason to believe, on complaint or otherwise, that a Saint Vincent ship is unsafe may order the ship to be pro visionally detained as an unsafe ship; where a ship has been provisionally detained there shall be forthwith delivered to the Master a written. statement of the grounds of detention, rnd the -Minister may, if he thinks fit, appoint some .eompetent person or persons to survey the ship and present a' report there on to.him; the Minister may thereafter either order the ship to be released, or, if in his opinion the ship. is unsafe, order the same to be finally detained, either .absolutely or until the per foriuence of such conditions with respect to the execution of repairs or alterations, or the unloading-or reloading of cargo, or the man ning of, the ship, as the Minister deems neces sary .for the protection of human life, and rl1:Y such order may be varied or added to by the Minister. 1982. 202. (,1) If it is established that there was not reasonable and probable <'Hll!-lc.by reason of the condition of the ship or' the act Or default of the owner, .for a .provisional detention of ;. ,,' I!) nuder t l.is Part as an unsafe ship, there shall be paid to the owner of the ship his costs of, and incidental to, the deten tion and survey .6£ the ship, and also. compensation for any loss or damage snstained iby him by reason of the detention or survey, (2) If a ship is finally' detained under this Part, or if it anpep!~ that r ship provisionally detained was, at the time of that detention, an unsafe ship within the meaning of this Part, the owner of the ship shall be liable to pay to the Str te the (,08tS of and incidental to the detention and survey of the Ship. . (.3) .For. the purposes of this section the costs of and incidental to any proeeelings before a Court, r nd a reasonable amount in respect of the remuneration of the surveyor, r;:hllU be part of: the costs Of the detention and survey of the ship, Liability for eoata .iud damages No. 22. 312 l\1t'l"dwllt t;hipping 1982. l)allR'('l'Olll R'00fb. TIdes ns to the «arr lage of fla ~tg(,1'OllS ir 0 o ds. Restrictiona OIl carriage of dangerous goods. .. DANGEROUS CARGO :2lj:~, For the purposes of this Part. "dangerous goods" S:'lllll include r ll goods defined or classified as such by the l.n crUovernmental Maritime Consultative Organisation. ~O-l-. (1) This' section applies to (a) :~aint Vincent ships; (b) o.Irer s. ips while they are wi.hin any Port in Saint Vincent; (..:.) '1 he Minister may, in the interest of safety, make Rules for regulating the carriage of dangerous goods in ships to which this section applies. (3) if r ny of the Rules made under subsection (:2) is not compl ieri with in relation to any ship to 'which it applies, U~e owner or Mas.er of the ship shall be' guilty of an offence punishable with a fine not exceeding one. thousand dollars and the ship shall be xteeme.i for the, purposes of this Pat to l.e unsaf» by reason of improper loading. ( ±) '. The Minister may exempt any ship or class of hips from any Rules made under this section either absolutelv 'illl'Jfll1Qjeet to such conditions as he thinks fit. :?0·? . (1)' A person. skll. not send; or .a~ttlem1?;~)o. send, -by any "('';';el, whether ,Salllt .Vincent or foreign, nor carry., or ;1trern ill' :() ( arry in any such vessel any dangerous goodsuuies (i) the nature of the goods are distinctly markedon ..the outside of the pr ckage <:011 tainhl'g ,rIle' same except. in a case where l:e . is tbe owner or Mastenof the vessel), and (i i) '.\"'1 te!.l }1') '·i' e of the nature of' those "·"h1s. an d the name and r ddress o'rfthe ,,(',:('r or' f)'Tier :ther'eof'~re::given, t<J ~h('"D',Y:,Cr 'lfthe vessel at or before the time, of sending the snme:,:r9 be shi nped.nr ta'cirurthe same on board the vessel. (:2\ If anv person f: ils without reasonable cause to r-nmnlv with this section l'e shall for each offence be punishable I','i"h <1' fine not exceeding five hundred dollars. ~ O. :2:2. 313 Merchant Shipping' 19b~. ------.------------- ----------------, Provided that in a case where the person shows that he was-merely-an agent in the shipment of any such goods as ai'()l'e~aid· nul, was not aware and did not suspect, and have no reasea- to vsuspeet,-that. the .goods shipped by .him were of a dangerous nature, such fine shall not exceed fifty dollare. :20ii. (1) A personshall.not knowingly send or attempt to ,end, 01' ('Hr-ry or attempt to carry, in <my vessel, w hether t)aillt vi ncen t 01' foreign, any c dangerous goods under a false ("·:.0t'~JJL.~01l a ud shall not falsely describe the sender or <" 'i;I,',I'''ll:el"t.:(JI', '.:ill<1 CiL'l'," person wh o coutraveues the pro I' i,lliS ilL tlUSSCl:tiOlT s.JHlll be guilty 'of ail offence punishable I. i ':,1l r::1C- net: ('x('ee;(1ili~ five thousand dollars. ( 1) Tile' Master or owner of any vessel, whether ~ :1: 'i ]('{\;H or fC)I·t1i:';-J1 l~illV rC'f':~:c- to:';:',(-' (j'1 r oard any '1 ,'k;;"~ ' Ol'rai'~'0l \\'11i,(,11 ']](' s';l,-\peds «ontains <111" danger-ous ~~)()!s. '~ud m av require it to be opened to ascertain the fact. (2) ;\Yhel:e. any dangerous goods, or any goods which in' thefJudgement. of the Master, or owner -of tp.e,:vessel a~e dangerous goods, have been-sent. or brought aboard any vessel .as aforesaid without being marked, or without .the .notice as provided in section 205 having been given, the Master or owner . ";, "'(' y.·'~~~l-ll1aV cause ·th()'-\e·~toods to be thro-wn, overboard. tocethervwith .. any packags ror reeeptaelesjn which they are containedt-and.neither the Master not ·the owner of the vessel shallcbs subject·toany liability, civil or criminal, in any Court f01' so throwing- the goods overboard. 208. (1) Wh ere any dangerous goods have beer sent or carr-ied or atempted to be sent or carried, on board any vessel whether RriJ'it· Vincent. or foreign, without being .marked, or without thenoti"e as provided in section 205 having been given, Or under a false description,-or with· al·false description of the c:011der or carrier thereof, any Court taking cognizance of any ., (':''''1'''' i'l l'f,l at i": ', to ~1 (\C'[' ("(\'1r1~. 01' thn Rirrh Court atvthc instanroc of the Minister by vway of application, may declare those zoods. and any nackageanri receptpcles 'in which they'are conrainel, to he forfeited.vand they shall thereupon 6taml forfeited and disposed of I'S the Court :r.t.ay dir~t 9ffr ),[lsdese ri p t i () iI of dangerous goods. Power to deal with goods suspeeted of being dangerous. Forfeiture of dangerous goods Improperlv sent 01' enui (' 1. S 0. :2:2. 314 i.\,1('rCll<lnt o h ipp ing 19b~. ..;arri:~;:.;{ or (rain. (2) The. Court shall have, and may exercise, the afore :-'UH.i powers VI forfeiture UIlU uisposar notwi chstanuing tnat iue owner. of the goods has not committed any offence relating to ctaugro us gauds, and is not before that Court, and has no nat-ice UI Ci.e proceeoiugs anti notwithstanding that there is no evidence [U ::il':'Ow La whom Lh~ goods belong , but the Court may, in its cuscreuon anu In a case where the circumstances permit it, require SUCil notice , s it may direct to be given to the owner or shipper or [he goods berore they are forfeited. :'::U:). (1) 'Where grain is loaded on board any Saint Vin cent ship, all necessary and reasonable precautions shall be taken to prevent the grain from shifting; arrd if such precautions «,J aro res. id are not .aken, tile owner or the Master of the ship, ':l' ally ,lg'ellt of the owner who was charged with the loading or .vi.h seuuiug the ship to sea laden with the grain, shall be guilty or an offence, and the ship shall be deemed, for the purposes of this Part, to be unsafe by reason of improper loading. (2) ,Yhere any ship, having been loaded "with grain \\ i tho ut I'llU.lg' ail necessary r nd reaso.sabis precautions \.0 prevent the grain from shifting, enters any Port in Saint Vincent so laden, the owner or Master of the ship shall be guilty of an offence under this sub-section and the ship shall be deemed, for the purposes of this Part, to be unsafe by reason of improper loading: Provided that this sub section shall not have effect in a case where the ship .would not hrve entered the Port but for :-; CbS of weather or any other circumstances which neither the ~\~as~"er nor the owner nor the charterer (if any) could have [Jrevented or forestalled. (3) ,Yithout prejudice to the generality of the two preo.:eding subsections, any particular precaution prescribed h~." Rules made bv the Minister under this subsection in relation to the loading of ships generally at' of ships of any class, as beirur a precaution to be treated for t he purposes of those !,J'e(~eding subsections a's a necessary or reasonable precrution < 0 rrrevent grain from shifting, shall he so treated in the case .'if ships generallv or of ships of that clr ss, as the case may be: Provided t hat this sub section shall not apply when a shin i':, 10,! derl in all respects, in accordance "'11"h 811('11 ~;rp('roia1 »rovisions as may be r pproved hy the Minister as resr e ts t]'f' loading in question. No. 22. 315 Merchant t)hipplIlg l~b::. (.,1,) If rny person commits an offence under sub-section \. 1) or sub section (~j of tuis section, he sh: 11 for each offence LJe punishable wic.. fine Hot exceeding one thousand five hundred dollars. (5) On the arrival at r ny Port in Saint Vincent from a Port outside Saint Vincent, of any ship carrying a cargo of grain, the Master she 11 cause to be delivered to the Minister 8! no ice stating (a) the draft of water and freeboard, as defined by this Part, or the said ship after the loading of her cargo was completed at the final Port of loading; and (b) the following particulars of the grain cerried, namely s-s (i) the :,i:1.d o ; grain and the quantity thereof s' «'('d ;'1 metric units of volume or weigh: (ii) 111:, Ill') lc i'l which the grains is s.owed : and (iii) the preca.n ions taken to prevent the grain from shifting: ;\'](1 if the Mastel' fails to deliver any notice required by-this subsection, or if in fUy such notice he makes any statement tll,,/ heknows to be false in any material particular or r ecklesslv 11:a':es ··ny statement that is Inlse in any material particular, he shall be guilty of an offence punishable with fine not exceeding five hundred dollars. (6) Any person having a general or special aurhoritv in that behalf. from the Minister may, for securing the observ auce of t1'8 provisions of thi- '·""'-ion, inspect any g::"3.in and tbn ,. w1f' in which it i'~ stowe l and for those purposes he shall have an the powers of a' surveyor of ships. (7) In this section, the- expression "grain" includes wheat, maize, o-ts, rye. barley. rice pulses and seeds . and the expression "ship carrying a ('argo of grain" means a ship carrying n quantity of grain· exceeding one-third. of the ship's revistered tonnage, reckoning one hundred cubic feet or two tons iweight of ~r~in ·as e-mivalent to one ·ton of rpf!'i.~t,::>rf'ri tonnage. )Jo. 22. Collision Re~ulll.tion•. Obscr vauce of ('r,llisioll R"~'l1ationg 1.1ISrrc t io n s as to Iig h tl.4 and to lignall. 31G 5.' COLLISION REGULATIONS 210. (1) The Minister may make Regulations for the pre vention of col lision at sea au.l in navigable waters (in this Act referred to as the "Collision Regulr tions ' '), and may thereby regulate the lights to be carried and exhibited, the fog signals to be carried and used, and the rule:" on steering and sailing to be observed by ships. (2) The Collision Regulations, together with the provi ~i()llS of this Part relating thereto or otherwise, shall r pply to all >',1;"1 Vince.it vessels anrl shn.'! 111so be observed by all foreign ships within ~aint Vincent ~l'lTijori~l and inland waters, and 1;1 g"y ca.,'e arising in a St\illi Viu.eutCourt concerniug matters arising 'within the said waters, foreign, ships shr ll, so far as respects the Collision Regulations and the aforesaid provisions of this Act, be treated as if they were Saint Vincent ships. :211. (1) ,,(\11 owners and Masters of ships shall observe the Collision Regulations, awl shall not carry or exhibit anv 0' her lirrhts, or use any other fog .signals, thr n such as are required by those Regulations. (2) If an infringement of the Collision Regulations is caused by the wilful default of the Master or owner of the ship, that-Master Or owner sh811 for each offence be punishable with imprisonment for a period not exceeding one year or to a fine not exceeding one thousand dollars or to both such imprison ment -amd fine. (3) Tf any damage to nerson or property ('rises from the nou-observanee by any sh ip of any of the 'Collision Regu I cl"'iDTIS, the d"llla'.!e .shall be deemed to have bein occavioned 1-y Ihe wilful default of the person in .charve of ~he deck of the ship at, the time. unless it is sl-own to the satisfaction of the 1'0 '11'. 1]la t tl,€, r-ircumstvnces of tl,c ca se mad« a der arture from the Regulations necessary. (4'\ Nothinz in s~ll-~ection (:3) shaH affect anv liability of the owner of the ship for damages. 0,' '2. ' .t l \ A' Survevor OC Rhins may inspect any' ship, whether S\'int: Vincent or foreicn. for '1hepurpose of seeing t 1, at, the shit>. is properly provided with lights and the means of making fog signals, in conformity with the Collision Regula 'irn"~ '1"..:] if thp C"'l"'"'''''' fi,.,l, t~,:)t 1'],(' .. l'in ie,. ')(It "(1 proiViilnrJ. he shall give to the Master or owner notice in writing pointing out the deficiency ann. r lso what, in his opinion, is required 10 be done so as to remedy the same. No. 22. 317 ~rei'<:!JaJlt Shipping 198~. (2) Every notice so given shall be communicated 10 the Officer from whom the ship may seek to obtain clearunee ; and the ship sh Ll be detained until a Certificate under the hund of a. ~;nne.vor of ~hips is produced to the effett that the s' ipis properly provided \', it h lights and with the means of lllaki,',· Io r si:";llaLs in ,'ollfor1lli:v with the Colli-ion Reg-ulations. " o· '-" .... ' H )I,VLerc the Cor: ifica~e as to lights r nd fog signals : ~ n~':-li .sedi-t he O\\'11er ol'Mlls1er,lllay appeal to the Court in the ;'.\11.('1" nroviIed by the Rules of. that .Court. (4)' On any such appeal.i the Judge of the Courlshall liirel'tt!m: a conv of his decision be sent to the Minister on the question raised by the appeal; and the Minister, when satisfied i hah·Jl.Joi;rellUireLtlellts of ,.titis Act r s to lights and fog signals have been ~m.p1iedwith.in accordance.with the Court 's decision, :nl,~y,.g'r.;l:1.tr·thecer:ti.ikateor dire.qt a. Surveyor of Ships or other person appoin Led by him to grant it. :3.')-Subject to .any order mr de by a ,Judge of the ('oudhenring·the·'appeal, the costs of 'and incidental to the (\ :lpeal shall: follow the event. (6<) A Surveyor, in. making an inspection under this section, sh 11, if the owner or Master of the ship so requires, be ~!(1.(W'\}[\jp;(mied. on the, inspection by some per8011 appointed by I he owner .on-Masrer, and, if in-that case t~le ,Survevor and the per;;;,n so appointed are in agreement. there shv ll beno appeal im-ler til is crdion to the Court. , :;~ 0) ;):n) h every case of collision ibetween two vessels, i·,.,;h,"~l be ~Le,da'y of the Master. or person in ('};<I.1'2:'e of.each vexsel. 'jf au.I ~o-far as he c"n do so without danger to his own vessel, crew and passengers, if any (a) 1"0 render to the other vessel, her Master, crew i'I}d passengers such r ssistance as may be -praetieabfe and "~neeessary to save : them hom'~ariY'd'anger 'caused bythe collision, and to st : v by the other vessel until he-has 'asce'r ta ined·" tl,~t the ship, is not -irrneed oir£ur+her assistance, and (h) 'fa 'gi·ve'-theMaster or person in charz« of the oiher'vessel the nameof his. own vessel and of 'h~r 'Port 'of"Recis+ry, ;ondalso th~ n~n~es d j he .porfs 'fromwhich she 'comes. and +0 which 'she isbound. 'Duty of ~l!lsel to a.sl!list the other in case of colfiaion, No. 22. 318 Merchant i::>hipping 191)~. COl1tDiOIl to he ..n t c rerl ill UffkiaL :"()~ Book. A pplicat.ion o:' Col.l lsion I:eg-;t :;~ ~i(J!l~ beyond Sa.int Vincent's .J uisd iet.ion. r t-Pl'll<1. tiona! ;~"!~·ulation8.· Gf'neral '<"11:pTIlent "f Passenger ~hips. Report of lanzers to navigation. \,:~) II i itt' ~<,la:,;,el' or person in charge faiis without l'"l,'~);l,lblc c.inse t o "()11'p]y with this section, he shall be punish i.'lC ,\ i.]: ~lll.}l'J:;,)llllLe~lC i or a period not exceeding one year or to a line no; cs.,eccting two thousand, dollars or to both such uujn-isom.ient n:1Ll fine; and if he is a Certitied Officer a11:; inquiry into Li,; conduct may be held and his Cer-tifi..ate sus pended or cancelled, :21-1. (1) In every cr se of collision in which it is practi «able to do so, ;lte ~\Iaster of every ship shall, immediately after tJie cccurei.cc. ,;lW;C a st atement thereof and of the circum stances under 'which the same occurred, to be entered in the Offk-i'I Log Boo'. and the entry shall be signed by the Master anr] also liY the Mate or one of the crew. 215. Whenever it is made to appear to the Minister that the Covernruent of any foreign country is willing that all or any of the Collision Regulr tions or of the foregoing provisions of this Part relating thereto 01' otherwise relating to i~Oj :iS10'1 should apply to the ships of that country when beyond the limits of the territorial waters of Saint Vincent, the Minister may dirf'f't t l.a] those Regulrtions and provisions shall, subject to anv limitations of time. «onditions and qualifications contained ill' tbe direction, apply to the ships of that foreign country, whether with in Saint Vincent ter: itorial or inland waters (\1' not. and that su-h ships shall, for the purposes of such Regula tions and the provisions, be treated as if they were Saint Vin rent ships. 21 P. For all matters not referred to in the preceding sec ti'l"s of th is Part relating to collisions, the International Regu 1;,] '10"S f'or Preyc'1ting Collisions :'t Sea, 1972 which came in-to n!1'e n t on .Iuly 1,:-: th ]977, shall apply. 6. MISCELLANEOUS :217. Ase·-;.wi::.g passenger ship shall, apart from the usual compulsory safety equipment, have her compasses proper ly adjusted from time to time to the satisfaction of a Surveyor of Ships. 218. The Master of anv Saint Vincent p.hin on meet;l]Q' with dangerous ice, a (1:,,,,\pr')l1<:'r1 p T'(' ] i ' + a tI·~r'i.(·.,1 "')rnT't)] ('" any othe; direct danger to navigation, shall send information accordingly, by all means of communication at his disposel, and in aceordancs with such Rules as may be made by the Minister for the nurnoses of this section, to ships in the vicinity and t. such r uthorities on shore as may be-prescribed. . ~o. 22. 319~: Merchant Shipping 191:\2. 219. (L) The Minister may make Rules prescribing the signals that suull be used. LJy Saint Vincent ships as signals of c.ist.ress a1il.lLlle circumstances in which, and the purposes for ... h ich, r Ily such signal shall be used and the circumstances in which it may be revoked. (::') 1£ the Master of a ship uses or displays or permits any person under his authority to use or display (it) any signal prescribed under subsection (1) except in the circumstances '2nd for the pur poses specified in the Rules; or \ b) any signal that is liable to be mistaken IH any signal so .prescribed be shall be punishable with a fine Dot exceeding two hundred .iollars r nd shall further be liable' for any compensation for any labour undertaken, risk incurred or loss sustained, in con sequence of the signal having been supposed as a signal of distress. :2:20. No Rail'l.t Vincent ship, being a ship of five hundred ncr registered tons r nd over, shall proceed to sea unless the ship is provided with a signalling lamp of a -type approved by the Minister. 221. No person on. any Raint Vincent ship shall, when the ship is going ahead, give a direction or steering order containing 'he worrl "starboard'" .01' "right ", unless he intends that the liP;!'! of i he ship shall move to the right, or give a direction, or i<,p:·,·j'1g order containing the word "Port" or "left", or any e iuiv lent of "left", unless he intends that the head of the :-,:11P shall move to the left. 2~2. 'The Master .of a Saint Vincent ship, when ice is reported on or. near his course, shall at night either proceed at a moderate speed or change his course so r s to keep amply clear of the icc reported and of the area' of danger. 22:3. (n T1H> Master of a Raint Vincent ship, on receiving at se» a signal of distress or information from any source that a vessel or craft is in distress shall proceed with all speed to the assistance of the persons in distress (infcr.. i 1g' t' (1'1' if r:J,,;!'i'-;lc that he is doing so), unless ~igllal;; of dist.ress. Signalling lamps. Method of lriving direction 01' 'steering .order. Navigation near ice. Obltgatio a to Hi1Ri~t vessels ill rli3tr~'ss. >Jo. 22. 820 Merchant Shipping 1982. ~ a) he is unable to do so, or (h) under the special vcireumstances of the case considersit unreasonable or unnecessary to do so, or ~(') Le is released from such obligation under the provisions of subsection (:3) 01' (-1:). (~) \\'i1erc the Must cr PI any ::llip' ill distress has I'I'qui:si~ioned ally Saillt Vincent sliip that has answered his call it shall be the duty of the Master of the requisitioned ship to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress. (3) A Master shall be released from the obligation imposed by subsection (1) as Boon as he is informed of the requisition of one or more ships other than his own and that the requisition' is being' complied with by the ship or ships so requisitioned. ~ -1:) A Master shall be released from the obligation irupoxe.I by subsection (1) or as the cr se may be, from the obligation imposed by snbsection(2), if he is informed by the persons in distress, or by the Mr ster of any ship which has reached-i.the personsiin distress, that assistance is no longer required. (.5) If a' Master, fails; to, comply with the preceding provisions of this section.ihe shall' be guilty of an offence punish able with impuisonment-for , a period not exceeding two years or to a fine not exceeding three thousand. dollars or to both such impr-isonment- and- fine, (I)) If the Master of a Saint Vincent ship, on receiving at sea:' signal of distress or information-Erom any source that a vessel or craft. is in distress, is unable, or in the special ircumstances of the case considers it unre.asonable or unneces sary, to go to the r ssistance of the persons in distress, he shall forthwith cause a statement. to be entered. in the Official. Log Book the reasons for not going to the' assistance of those per sons or vessels. (7) The: Masten of every -Saint Vincent ship shall enter or cruse to be entered' in the -Offleial. Log Book· every ~iQ'r.Rl of distress or message thai a vessel, craft or person is in distress at Ilea. No. 22. 321 Mer-ell-ant .Sliippiug 198~ (8) .Compliance ,by the Master of a ship with the provisions of thissection shall not. affect- the salvage rights of his, or :l.y other penon. 224. (1) The Master or person in charge of a Saint Vin cent vessel shall,' so far as he can do, without serious danger to his O\Yn vessel, her crew- and passengers if any, render assistance to every person who is found at sea in danger of being lost, even if such person be 'a citizen of a State at war with Saint Vincent und if he fails to do SO he shall be guilty of au offence punishable with imprisonment for a period not exceeding two years or to a fine not exceeding thre-e thousand, dollars or to both such imprisonment and fine. (2) Compliance by the Master or person in chai'gs of a vessel with the provisions' 'of. this section shall not affect salvage rights .of his or .of any other person. Duty to render assistance. to persons in danger at sea. Notice of loss of Saint Vincent ship. 2:2;3. ,\Vhcn a Saint V-incent ship has sustained or caused Report ot any accident occasioning loss' of life -or .any serious injury to accidents any .person, orLas-received any material damage affecting her to ships. seaworthiness or Iier-.efflciency-either. in .her hull or in any part of her machinery, the-owner .on.Master, shall, as soon thereafter as.ipossible.. .transmit .•to the Minister.. by letter signed by the owner.or..Master, a report of the-accident or damage and of the probable .occasionfhereof; stating.thename and location of the ship andjthe plaee-iwhere she .is. 226. If the owner, or the person to whom is entrusted the management, .of, a Saint Vincent ship his-reason, owing to the" non-appearance of the-ship or to 'any otherveircumstance, to apprehend that, the ship has been wholly lost, h¢' shall, .as soon as may he convenient, send to the Minister notice in 'writing of the loss, .and of .thcprobable occasion thereof.i.statingfhs name pf'the ship. PART VI - LIAJBJLITY, AND LIMITA'lUON THE'REOF, OF''SHIPO,\VNERS 227. (1) The O\YIwr of ,a S~int.YinG.ent shipjnay limit Limitation his Iiahility-inaccordance with section 231-in respeet-o] claims of arising from any ...ufthe .follq\\:ing. oceurrences, unless the '(lliabil~ty in occurrence giY,\I.Hc);'isedo .the claim : resulted from the actual ·certam· fault or privity of the"owner Gases: No. 2~. 322 Merchant Shipping 1982. Owner'; right to limitatien, Exclusion of liabllltY in certain ease•• (a) loss of life of, or personal injury to, any person being carried on board the ship, and loss of, or damage to, any property on board the ship; (b) loss of life of, or personal injury to, any other person, whether it be on land or on water, loss or damage to any other property or infringement of any rights caused by the act, neglect or default of any person on board the ship for whose act, neglect Or default the owner is responsible: Provided that in regard to the act, neglect or default of such person, the owner shall only be entitled to limit his liability when the act, neglect or default is one which occurs in the navigation or the management of the ship or in the loading, carriage or discharge of its cargo or in the embarkation, car riage or discharge of its cargo or in the embarkation, carriage or disembarkation of its passengers; (c) any obligation or liability imposed by any law relating to the removal of wreck ani arising from or in connection with the rising, removal or destruction of any ship which is sunk, stranded or abandoned (including anything which may be on board such ship) and any obligation or liability arising out of damage caused to harbour works, basins and navigable waterways. (2) The expression "personal Claims" means claims resulting from loss of life and personal injury; the expression •'property claims" means all other claims set out in sub section (1). 228. An owner of a Saint Vincent ship shall be entitled to limit his liability in the cases set out in subsection (1) of section 227, even in cases where his liability arises, 'without proof of negligence on the part of the owner or of persons for whose conduct he is responsible, by reason of his ownership, possession, custody or control of the ship. 229. (1) Nothing in this Part shall apply (a) to claims for Salvage or to claim for contri bution in General Average; No. 22. 32.31 Merchant Shipping (b) to claims by the Master, by members of the crew, by any servants of the owner on board the ship or by servants of the owner whose duties are connected with the ship, including the claims of their heirs, personal representa tives or dependents, if under the law govern ing contract of service between the owner and such servants the owner is not entitlel to limit his liability in respect of such claims or if he is by such law only permitted to limit his liability to an amount greater than that pro vided for in section 231. 1982. 230. (1) 'I'h« limit of liability prescribed by section 231 Claims. of this Part shall apply to the aggregate of personal claims and property claims which arise on any distinct occasion without regard to any claims which have arisen or may arise on any other distinct occasion. (2) Where the aggregate of the claims which arose on any distinct occasion exceeds the limits of liability provided for in section 231, the sum representing such limits of liability may be constituted as one distinct limitation fund. (3) The fund thus constituted shall be available only for the payment of claims in respect of which limitation of liability can be invoked. (4) After the fund has been constituted, no claimant against the fund shall be entitled to exercise any right against any other assets of the ship owner in respect of his claim :3 gainst the fund, if the limitation fund is actually available for the benefit of the claimant. 2,31. (1) The amounts to which the owner of a ship may Amount. limit his liability under subsection (1) of section 227 shall.be'- for limitations (a) where the occurence has' only given rise to of liability. property claims, an aggregate amount of three hundred dollars for each ton of the tonnaze of the ship; 1:> (b) where the occurence has only given riSe M personal claims, an- aggregate amount of six hundred dollars' for each ton of the tonnage of, the ship j No. 22. ~IcrellaJ.1:ti. ~Shipp.illg- 1982, Bail and 1'41lease. (c) where the occurence has given rise both to personal claims and property claims, an aggre gate amount of: six hundred dollars for each ton of the tonnage of the ship, of which a first portion amounting to four hundred dollars for eae h ton of the tonnage of th e sh ip shall be exclusively appropriated to the payment of personal,· claims, and the second portion amountirisr to two hundred dollars for each . '" ton of the tonnage of the ship shall ]1C appro j.riated to the payment of pnwerty claims: Provided that in eases where the first portion is in sufficient to pay the personal claims in. full, the unpaid balance of such claims shall-rank rateably with the property claims for payment against.ithe second portion. of the fund. (2) In each portion of the IimitationIund the distribu tion among the claimants shall be made in proportion to the amounts of-their.claims. (3) If before the .f'und is clistributedthe owner has paid in whole or in part any of the claims set: out in subsection (1) of section 227, he shall pro tanto be placed in the same position-in 're.lation· to thef'und as the claimant whose claim he has paid, but: only to theextent-that the, claimant 'whose, claim he has paid would have had the right of recovery, against him under the laws of Saint Vincent. (4) .Where: the- shipownervestablishes that he -mav at 1 laten date- be compelled-to: pay in 'whole- orin part any of the clairassen.outein subsection (1) of section; 227 .of this Act, the Court may order that a sufficient sum shall be provisionally-set aside to enable the shipowner at such later date to enforce his clairrr-against-rtheifund in the manner set out in the preceding subsection. ('5) For the purposes of -this 'section, the tonna ge of a ship shall be taken.toobe the .net registered tonnage of the ship. 232. (1) Whenever a shipowner isventitled to limit his liahility under this Part and the ship has been. arrested or at tached within-the jurisdiction of Saint Vincent. or bail or other securitvibaa-been ;given .. to' avoid . arrest, .a -Court may, in its discretion,u order the .release? ofC) the~ 'ship or :other property or of the security given if it is establishedtby the shipowner 'that Xo.22. 32,51 ?lIcrchant Shipping 1982. . he has -alneady ..given ;~"Satisfactory :bail or security." ~n . SaiI:t Vincent: .or: :elsewhere, · ~ in ,·.a sum .equal: to the full Iimit c:f hIS l iahilibvvun.der this-Part, anc1:.thatrthe:bail or other se~.nrl,ty. ~o given .is ac tually ':available .for the benefit of the claimant- III accordance with .his .rig-Ms. (Z) 'Yhere, .in ..eirculUstanccsmen:tioned ' in ,subsection (1), bail or other security has already .bcen given-' (L~ ) at the -Porf where the -accideut giving rise to the claim occurred; (b ) at the .fi rst Port of call -after the' accident if the accident did.not occur.in .a Port : (e) at the Port' of'disemor'rkation ;0 1' discharge i.f the Claim: is ' a :' p e'rs6mil : · craill~ .or relates 'to damage to cargo, the Court shall order the .r elease of the .ship or the.bail or otheii security .given, .subject ·t o· .t ho iconditionsrcontaineuvin: sub section (1). (3') Th e provisions of subsections . ().):.' and - ('2) · shall apply; likewise 'if-;the' hair or other security already given in 1 gum less than the full limit :of:l iahili ty., under .thia. part ; .pro vided that 'sat isfacto ry bail or . othen .Security,is:' given -for -the br lance. . ~ : :..: ~ .' (4} \YJ:Len,th'e shipowner has givenbail orbther secur ity in · a , sum:.eqaal- to the fun; Iimit of .his :liability .urider'J~iJS Part, such bait ,oI"'!other security 'shall be -available:for the Pay ment of all claims arising on a distinct. occasion and in respect of which tthe.shipowner.may Iimithis-liability. 233. (l) In -this ' Part-fhe )iabili'fyllorth~shipow'ner.'in-, Application .ludes. the; Iiabili ty of ;the.ship as 'well . and Fire Damage. (2 ) Subject to subsection>(3) , the provisions ' of this P;~rt shall apply to the charterer, man~g~\. ,~~4 operator ~o~ the ship. . and .the l\I~stel!",;'lnH~mbel's, 'of' thff.·cr~w 'and 'other .servants of the' :owner)'. Charterer, ' manp-'gffi.i {)ri roperator- .acting: ·i~:ilie cour'se ~ Q-f l ~t1H~i-r.. enjployanent.nin the;'same ~ 'va.y a~ ·the:v ·appljT to the owner ;himselfe-provided, th~t : the'rtdtal' 'Iimits' M liaHtlity of the owner and all such other persons in respect 0.£. personal claims .and..p'roperty. -elai ms :a.fi~i-1igl;~"\l' · ?:~~ti~~t'93~iol1, s!J.,~g not exeeedfhe.amounts-determinerf m ·a'Ccordriirc.e"Witl1 .section 231. Xo. 22. 326 Merchant Shipping 1982. :Maritime Commission. (3) When any action is brought against the 1\1a ster or against members of the crew, such persons may limit their liability even if the occurence which gives rise to the claims resulted from 'the actual fault of privity or one or more of such persons; if, however, the Master or member of the crew is at the same time owner, co-owner Charterer, manager or operator of the ship, the provisions of this subsection shall only apply where the act, neglect or default committed by the person in question in his capacity as Master or as member of the crew of the ship. (4) No owner of any vessel shall be liable to answer for, or make good to any person, any loss or damage which may happen to any merchandise whosoever, which shall be shipped, taken in, or put on board any such vessel, by reason of or by means of any fire happening to or on board the vessel, unless such fire is caused by the actual fault or privity of the owner. 234. (1) There shall be a Maritime Commission to exer cise the general supervision of Merchant Shipping (including the conduct and 'welfare of the seamen) and to ensure the proper implementation of the provisions of this Act and of every other law that may be applicable to:Merchant Shipping. (2) The Maritime 'Commission shall consist of five members appointed by the Prime Minister in consultation with the Minister, one each to represent the Ministries or Depart ments responsible for Transport, Finance, Planning and De velopment, Port and Telecommunications and the Deputy Com missioner for Maritime Affairs shall be the fifth member. (3) A member of the Maritime Commission shall hold office for such period as the Cabinet may, from time to time, decide and any vacancy in the Commission shall not affect the functioning of the 'Commission or its powers and the participa tion of any three members shall be sufficient for the purpose of the functioning of the Commission. (4) The Cabinet may appoint anyone of the members of the Commission as Chairman thereof and the business of the Commission sh3:11 be conducted by meetings or by correspond ence or. in such other manner as the Minister may direct. (5) The Registrar, shall be the secretary for Maritime Commission and if appointed as a member under subsection (2), he shadl be the member secretary of the Commission. ,No. 22. 327 Merchant Shipping 1982. 23.5. (1) Subject to the general superintendenc~ ?f t~e Commission the Administrative duties of the Commission III the foreign 'Ports shall be performed by the DeputyCommis sioner who shall undertake the general conduct and supervision of all matters relating to the Registration of Ships under this Act outside the State and be accountable to the Government. ( 2) The Deputy Commissioner may, from time to time, appoint Registration Agents to cssist him and they may per form such duties as registration of ships in any Port outside Saint Vincent as the Deputy Commissioner may deem fit to entrust. : Provided that the Deputy Commissioner shall be res ponsible for the conduct of everyone of his Agents as if he has done it himself unless in the case of any misconduct by an Agent, the Deputy Commissioner proves that he made' every effort MId took every precaution to prevent the misconduct by that Agent: Provided further that every ' Registration Agent ap pointed by the Deputy 'Commissioner shall act in accordance with -his instructions unless the Commission otherwise directs, and any such Agent may be removed from office by the Deputy Commissioner acting on his own or on being so instructed by the Commission. 236. (1) The Deputy Commissioner shall maintain a per manent Shipping Registry and such other record books as the Minister may from time to time direct, which shall contain all entries required to be made by or under this Act and the fees and charges collected on behalf of the State by him or by his Agents. . (2) The Deputy Commissioner shall have authority, either directly or through any person who has been appointed as an Agent (a) to administer all oaths and take all acknowl edgements required by this Act; (b) to issue Ship Radio Station Licences for radio transmitting apparatus located on. .board a ship registered under this Act: Deputy Commissioner for :Maritime Affairs and Regiatra tion Agents. Maintenance of rerilltration of records by Deputy Commissioner. No. 22. 328 Merchant Shipping 1982. Surveyor of ships. Powers of Surveyor. (e) "to issue any licence, certificate or other docu ments .for officers or. ships personnelon ships registered jmder this Act for the' purpose of complying with the provisions. of· the Act or of- any International Convention which is made applicable to Saint Vincent by or under this Ad. E:3) 'I'he.Deputy Commissioner shall be responsible for the maintenance of proper records of every thing done by him or by .11iS Agents and, all fees collected shall .be duly transmitted to the credit of the Government of Saint Vincent. (:l:)The Deputy Commissioner shall keep the Registrar and the 11aritime Commission duly informed of every action taken and everycolleetion of fees or every charge made by him oi-by.his Agents and shallLeaccountable to the Government for the same. S1JRVEYORS 237.. For, tha, purposes of this Act, a 'surveyor of ships is a person fit' to be a surveyor of ships appoiuted.ieither generally orfnr specific purpose or on special occasion.iby.the Minister or byorgai1,isation or .bodies authorised byithei Minister in that 'behalf, and any such person may be appointed as Ship. Surveyor or as Engineer Surveyor, or as both, or as.Radio Surveyor. 238. (1) A Surveyor of Ships in the execution of his duties and funetions may go on board, any ship, at all reasonable times "and inspect. .the.vseme, or part. thereof, 01' any of the machinery; boats" equipment. 01' .articles.ion board thereof, or any, Certificates of theMaster, Mate or .Engineer.fo. which the provisions of this Act, or of any of the Rules.en 1{,egulations made 'under this Act, apply and if in consequence.i.of any accident to the ship or fer any other reason he considers it necessar~T so to .do, may req1f~ry the ship to be taken into dock for-the' purpose of surveying.the.hullthereof : Provided that a ship Sh811 not be detained unnecessarily so as to prevent it from proceeding ,on any voyage. (2,) Every-person who-hinders anv Surveyor of Ships from going 011 board any ship or otherwise impedes him in the execution of ,hi,s·d\lt~es,;o.r~fqIlctiolls,.under ,this Act, or fails to 'comply with: ~p.\r Jaw£u1fxequi;~~nwnt·of.the Surveyor, shall be g'tiilty-ofall, offence...p11-l\ishableiwitJf :fine not exceeding five hundred dollars. No. 22. 329 Merchant Shipping JLRISDICTION AND PROCEEDI:l\GS 1981'. 239. AU causes of action arising out of or under this Act shall be cognizable before the Courts of competent jurisdiction of Saint Vincent sitting in Admiralty, but, save as otherwise specifically provided in this Act, the provisions of this section shall not be deemed to deprive other Courts elsewhere of their respective jurisdiction to enforce such causes of action. 34:0. (1) Where under this Act a ship is to be or may be detained, any commissioned officer on full pay in the Armed services of Saint Vincent or any Police Officer not below the rank of Inspector or any Officer of Customs, or any Ofticer of the Ministry responsible for Shipping, or any Saint Vincent Consular Officer, may detain the ship and if the ship after detention proceeds to sea before it is released by Competent Authority, the .:.\Iaster of the ship and also the owner and any person who sends the ship to sea if that owner or person' is party or privy to the offence, shall be guilty of an offence punishable 'with fine not exceeding one thousand dOUUTS: (2) Where a ship 50 proceeding to sea takes to sea when on board thereof in the execution of his duty any Officer authorised to detain the ship or any Surveyor or Officer ,?f the Ministry responsible for Shipping or any Officer of Customs, the owner and Master of the ship shall each be liable to pay all expenses of and incidental to the Officer or Surveyor being so taken .to isea to return and. also be guilty of an offence punishable with an additional fine not exceed. ing. one thousand dollars. (3) Where a ship has to be detained, the Officer authorised to clear the ship outwards shall refuse to give clearance for that ship outwards and where a ship may be detained, such officer may, if he considers it necessary so to do refuse to give clearance for that ship outwards. 241. Where an offence under this Act is committed by a corporate body; an association or other body of persons, every person who at the time of the commission of the offence, WM a Director, Manager, Secretary or other similar Officer of such body corporate, association or other body of persons, or was purporting to act in any capacity shall be guilty of that offence unless he proves that the offence was committed without' his knowledge and that he had exercised all due diligence to pre vent the commission of the offence. J urisdie tion, n.t.diu of 'Aip" i"litrally. Offe ..ces by .Corporate body, allo.i. tie. or other body of parsens, )io. 22. 330 Merchan t Shipping DIRECTIONS 1982. Power of Minister to issue directions. Application of International Conventions. 242. (1) The Minister may from time to time issue such directions or give such instructions to the Registrar, Maritime Commission, Deputy Commissioner or his Agent, for the purpose of ensuring that the provisions of this Act or of any Rules or Regulations made thereunder are correctly and properly imple merited, or with a view to exercise control; and where any such direction or inspection bas been issued, every person who dis obeys tile instruction r.hall De guilty of r n offence punishable with fine not exceeding one thousand dollars: Provided that the imposition of any fine in exercise of the powers under this section shall be without prejudice to al::.y other action that mDy be taken against the person con cerned, including his termination from office. (2) Without prejudice to the generality to subsection (1) it shall be competent to the Cabinet to terminate the office 0: any person who violates any direction issued under that subsection. PART VII INTERNATIONA\L CONVENTION ETC. 243. (1) Every International Convention 01" Regulation on Merchant Shipping and connected matters that were appli enable before the commencement of. this Act shall, unless the Minister by notification otherwise directs, continue to apply with equal force after the commencement of this Act. (2) The Cabinet may, in consultation with the Mari time Commission, approve and accept any International Mari tim,eConYention or Regulation if it is considered that coni plianco therewith is necessary for the safety of ships registered under this, Act, and thereupon such International Convention or Regulation shell form part of the law as if they were Rules or Regulations made under this Act. (3) The Cabinet may, in consultation with the Mari time Convention and by notification declare that any conven tion or Regulation made and applicable under subsection (2) shall continue toapply to Saint Vincent with such modifications as it may deem fit to make, or shall cease to apply in relation thereto, and thereupon the convention or Regulation shall -apply with the modifications or cease to have effect as the case may be. No. 22. 331 Merchant Shipping 1982. 244. (1) Where (a) any injury has in any part of the world been caused to any property pelonging to person resident in Saint Vincent by any foreign Ship, or (b) a claim is made for damages by or on behalf of any person resident in Saint Vincent in respect of personal injuries, including fatal injuries, against the owner of a foreign ship and at any time thereafter the foreign ship is found in any Port or place in Saint Vincent, the High Court may, upon it being shown to' the High 'Court by any person applying that the damage or injury was probably caused by the misconduct or want of skill of the Master or crew of the ship, issue an order directed to any person named in the order. (2) An order issued under subsection (1) shall require the person named therein to detain the ship until such time as the owner, Master or agent of the ship (a) has made satisfaction in respect of the darn age or injury, or (b) has given security, approved by the Court. to abide the event of any proceedings that might be instituted. in respect of the damage Or in jury and to pay all costs and damages that might be awarded thereon. (3) Any person to whom an order is directed under subsection (1), shall deta in the ship accordingly. (4) Where it appears that before an appllication Ci:1::1 be made' under this section the ship in respect of which the application is to be made will have departed from Saint'Vin, cent,the ship may be detained for such time (a) as will allow the application to be made, and (b) the result thereof to be communicated to the officer -detaining the ship; andthat officer so detaining the ship shall not be Iiable for any C'osts "or. damage in respect of the' deteIitiohunless the' de1en. tion is proved to have been made -witHout're~iltnrable geotmdi Power to detain forsign ship. Xo. 22. Merchant Shipping 1982. COnveyance ef offender and ~itnegge!l. (5) In any proceedings in relation to any damage or personal injury, the person giving security must be made defendant and must be stated to be the owner of the ship that has occasioned the damage or injury; and the production of the order of the High Court made in relation to the security is con clusive proof of the liability of the defendant to the proceedings. 2-4:5. (1) When a, complaint is made to a Consular Officer that (a) an offence against property or person has been committed at any place outside Saint Vincent by any Master, seaman or apprentice belong ing to a Saint Vincent ship, (b) an offence on t hs high seas has been com mitted by any Master, seaman or apprentice belonging to a Saint Vincent ship, the Consular Officer may inquire into the complaint upon oath and, if the case so requires, may take any steps in his pal-vel' for the purposes of pla cing the offender under the necessary re straint and sending him, as soon as practicable, in safe custody.. to Saint Vincent. (2) The Consular Officer may order the Master of any Saint Vincent ship bound for Saint Vincent to receive and afford passage and subsistence during the voyage to any offender referred to in subsection (1) and to any witness : but the Master need not receive more than one offender for every ant hundred tons of his registered. tonnage of the ship nor more than one 'witness for every fifty tons of that tonnage. (3) The Consular Officer must endorse upon the agree ment of the ship such particulars, 'with respect to any offender or witness sent in the ship as the Registrar of Shipping mar Ipecify. (4) The Master of a ship to whose charge An offender has been committed, shall, on the arrival of the ship in Saint Vincent, give the offender into the custody of a member of the Police force, and he shall take the offender before a Court. (;)) 'I'he expenses of conflning any offender and of con veying' him and any witness to ~aint Vincent :.~ any manner other than in the ShLP to which they' respectively belong- shall. "ben 110t naid as part of the costs of the prosecution, be paid ~ut of the Consolidated Fund. . 1\0.22. 333 Merchant Shipping 1982. PART VIII RECIPROC'A~JURISDIGTION 246. (1) This section applies in any case where the law of a foreign country provides, in terms that would. extend to ships of the foreign country (a) while they are in Saint Vincent; (b) after they have been in Saint Vincent, or (c) while they are at sea, that a described body or person in Saint Vincent has the author ity or obligation to execute such request, exercise such right or power or perform such function, in relation to those ships or to the owners, Masters or crews thereof, as is set out in the law of the foreign country. (2) In relation to the ships of the foreign country referred to in sub-section (1) and to the owners, Masters and crews thereof, the Court, Registrar, Customs Officer~ Inspec tor or other functionary in, · for : or of Saint .Vincent as specified in the law of the foreign country may; or as the circum stances require, shall in like manner, as if the authority, power or duty to do so were conferred or :imposed by this Act (a) execute a request made under the laws of the foreign country concerned; (b) execute any right or authority arismg under the law of the foreign country; or (c) perform any function required to be performed thereunder. 247. (1) This section shall. apply to every case where thr law of a foreign country provides, in terms that would extend to Saint Vincent ships (a) while they are in the foreign country, or (b) after they have been in the foreigncountry, or (c) while they are at sea, Authority under foreign law. Authority under Saint Vinl.!-lnt law. No. 22. 334 Merchant Shipping 1aS3, Effect of permissive provisions. Applying Act to foreign ships. . that Court or other aut hority or functionary in, for or of the Iorcizn country may or shall execute any request, exercise anvo ...... J .J right or authority or perform any function that this Act confers or imposes upon or directs to be done by a similar Court, authority' or frmctionary in relation to Saint Vincent ships 01' the owners, Masters orcrews thereof. (2) In relation to Saint Vincent ships and to the owners, Masters and crews thereof described in suo-section (1) in respect of a foreign country, any Court, authority or functionary in" the foreign country that executes any request, exercises any right or authority or performs any function (a) that this Act makes or purports to make, or confers, or imposes upon or directs to be done by a' similar Court, authority or functionary, and (b) as are related to the law of that foreign country, shall be deemed to have been done bv force of the law of the foreign country if the things done by theCourt, authority or functiorrary "were done in the form required or authorised pursuant to this Act. 248:" ,Vhere any : provisions "of this Act that permits, authorises,' requires" or directs any" ,-Court, authority or functionary iis .perrnissive merely, all things c10neby the Court, authoritynr functionary pursuant to; this Act shall lie deemed to have been validly clone for all the purposes of this Act. 249. Where (a) It appears to the Minister that the Government of 'a torergn country is desirous that any of the nrovisions of this Act which do not apply to the ships of that country should be made appli cable to them. and " (b) there are no special provisions in this Act for that application, th.:eMiIlistcr may, by Order, direct that any specified provi sions of this Act, apply, subjecf to any limitations :ontained in the Order, to the .ships of that .country and to the owners, Masters and'" ctew;::6f those ships 'wl{eri not locally within the jurisdiction of the government of ' that. country, as if those ships- were::SaintVincent ships. No. 22. 335 Merchant Shipping 1.~82. PART X I~QUIRY INTO CAUSES OF DEA1'H' ETC. ,250. ,(1) \'iT~le,ll a death occurs: on board ~: Saint~Yi?cent ship the Master shall report the death to' the ,authorItles at the '£rst.-'jPoI+ of arrival and shall rsubmit to' the: Minister a statenientundIog uxtract signed by the Master. (2) If the Minister decides. to hold an investigation into the cause of death,. the Regist~aror,-a.n~YpersQn appointed by the Minister forfhat purposeshall, orQh:e arriva] of the ship' at a Port, inquire into the cati~oftll~'dea,th,.·and made in' the official log' book an' 'endol's~riJ.,ent eith~r:, to, ,the, effect 'that ·the 'statement of'the cause ·of·tIle death' in'the official log book is in his opinion true, or to the contrary effect. according to the results of the. inquiry, Inquiry into death on board. (3) The. Registrar or persons ,app()in~eQ,;}l~~~er; sUQ section (2) has, tor the purpose of tl1e'inq'~try',~lt tpe.. powGr~ or'a person authorised' to investigate ianytahipping casualty. (4) If in the' courseoft1leinquiry it appears to the Registrar or other person holding- the inquiry that the 'death "vas caused on board th~ ship J~y violenee.or impropez means, he shall ineport'the lllil:tteri tD :tMe1lYr'inister ·-ar\.d~/-iflif(e':brgJncy of the situation so.j-equires, take,.imme.diat~rstep$ fd.r, brin-ging the offenders, to. 'justice. • .t (5),. ~(jthiil.g iIltllJs,~,ec~ion,,~ha,ll be .de'emed. to.jpre judice 'tlfe application of the Coroners Act 111 so far as It No. 23 of is applicable to any; particular cape. 2963. DEPOSITIOXS TN .LOCAL PROCEEDINGS, 251. (1) Notwithstanding anyother- Ia>\V','b:l1{ sUPJectto ~When sub-section, (2),' .where, in the' Course of aliY proceed~ngs',)that [:witnesses were .for the 'purpo~esof this Acr·insti~ute(LiJ,1'Saj~~,.vinc~l±t':~not . before a Court or-before any persori'.authorIsed by la~v or.by available, conselly'.of; the-parties-to recei,:e 'evidence, "the :testl~'~ony, of any WItness IS required 111 relation to the'gubjectmatteri of those proceedings and it is proved that the witness cannot be found in Saint Vincent, any deposition that the-witness mig,ht hay~ -previously made 'on o~th~.iri:rjl~ti~n.·.·~9);}\er~~~p1e subjectunatter before,a.':Courtor· Consular 'Offi~et: els."'ewhere shall .be.admissible in; evidence. (2) When the deposition refetred to in sub-section (1) was made in Saint Vincent No. 22. 336 Merchant Shipping 1982. (a) the deposition is not admissible in any proceed ings instituted in Saint Vincent, and (b) if the proceedings are criminal proceedings the deposition is not admissible unless it was made is the presence of the persons accused or of his counsel. Detentioa of .lUp. (3) A deposition referred to in sub-section (1) must be authenticated by the seal of the Court or the signature of the Consular Officer before whom it was made, and the Court or the Consular Officer must certify, if it is so, that the accused or his counsel was present when the deposition was taken. (4) It is not necessary in any caSe to prove the seal or official signature or official character of the persons appear. ing to have signed the deposition, and in criminal proceedings a certificate under this section is, in the absence of evidence to the contrary, sufficient proof that the accused or his counsel was present" in the manner certified. PART X DETENTION OF SHIP A~rn DISTRESS OF SIDPS 252. (1) The Misister may, at such places as he con siders advisable, appoint fit and proper persons to be detaining officers for the better execution of the provisions of this Act that provide for the detention of ships under this Act. (2) "Where a ship is to be or may- be detained under this Act, a detaining Officer may detain the ship and if the ship, after being detained or after service on the Master of a notice of or order for detention, proceeds to sea before it is released by a competent authority, the Master of the ship and the owner and any person who sends the ship to sea shall all be guilty of an offence unless the accused proves that the ship proceeded to sea without his consent and without any negligence on his part. (3) When any ship proceeding to sea takes any detaining officer to sea when he is aboard the ship in the course of his duty, the ewner and Master of the ship shall each be liable to pay all expenses of and incidental to the officer being so taken to sea and for his return. No. 23. Merchant Shipping 1982 (4) "When a ship has to be detained under this' Act, a Customs Officer shall refuse to clear that ship outwards, and when under this Act a ship may be detained, a Customs Offieer may refuse to clear that ship outwards. (5) When a foreign ship is detained under this Act, a copy of the notice of or order for detention shall, as soon as may be, be served on the Consular Officer of the country to which the ship belongs if one.vis present at the Port of detention. (6) every person. guilty of an offence under sub section (2) shall be punishable on summary conviction with fine not exceeding ten thousand 'dollars. 253. (1) Where the owner of a ship has been convicted Seizure of an offence under this Act and a fine -has been imposed, if and sale. the fine is not paid forthwith, the ship may be seized and after reasonable notice, sold by any Customs Officer or any person authorised. for that purpose in writing-by the Minister; and the Customs Officer or person may, by sale, give to the purchaser a valid title to the owner's interest in the ship. (2). Any' surplus remaining .from the proceeds of a sale -pursuant to-sub-section (1), after paying .the amount of the fine and the cost '''of conviotion, together with costs of seizure and sale, shall be paid to the person who was owner of the . ship before the sale or to themortgagee of, the ship as the case may be. 254. Where a -Court has power to make-en-order -direct- Dilltre81 of ing payment to be made of any seaman's wages.ifinesuoe llhipll. other sums of money, then, if the party so directed to make the· payment- is-the Master-or owner- oftheship arid the pay ment-is not-made-at, the; time. andrin ther,mannei.'i'speoifled in the' 'order, the. Court-that .made the order: mayvin; liddition 'to exercising-any other powers- it'might:.~havecfor'th8iillit1'pase·of compelling payment, direct the amount remaining». unpaid to be levied by distress and sale of the ship and her tackle, furniture., arid apparel. PART; XI EVIDENCE, SERVlCEOF'1 DOCUMENTS; AND DECLARATIONS 255. - Where any"doc.~ment)il:l-l'eqUir~ibyd;hhOActto be Proof of executed in the ,pre$ene~Qf-pr.1to:be-rAttelS.ted"lbY-iitny witnesses, atteatatioa, the document may be proved by the eVl~{i>f any- person who is able to bear witness to the needed fact without calling any of the attesting witnesses. No. 22. 338\ Merchant Shipping 1982. Admissibility 25-6. (a} Where a .documeut is, by this Act declared to of documents be admissible in evidence, the document, (a) on its production from the proper custody is admissible in evidence in any Court or before any person authorised by la,;' or by consent of parties to receive evidence, and (b) subject to all just exceptions, is proof of the matters stated in it pursuant to this .....'i.ct by any officer in the' discharge of his duties. (2) .A copy of any document referred to in sub section (1) or of an extract from that document shall also be admissible in evidence if (a) it is proved to be an examined copy or extract, or (b) it purports to be signed -an(l. certified as a true copy or extract" by the offlcer viu whose custody the original document was. (3) The officer who has the custody-of the original document shall, upon payment of a reasonable sum for expenses therefor, supply a certified copy thereof or certified extract therefrom to any person applying for it at any reason able-time. (4)', Anof.fi.cer referred to in sub-section (3) who wilfully eertifieeany-doeument as being a truecopy or extract knowing jthe .same mof to be; a true 'copy or" extract shall be guilty'<>fqan offenes-punishable with fine 'not exceeding one thousand -dollars. (5) A person who, knowing the' same to be false or counterfeit (a) fo,r~es the seal, stamp or signature of any docu ment referred to in this section, or (b) tenders in evidence any such document with a false ·or counterfeit [seal, stamp or signature thereto. No. -22. 339 Merchant Shipping 1982. shall be cuiltv of an offence triable on indictment and punish-C . J • able with imprisonment not 'exceedih g seven years. (6) If a document described in sub-section (5) has been admitted in evidence, the '. Court : er t»e person .: who admitted it may on request direetrthat it be impounded :and kept in the custody of some officer 'of the Court or .other .person for such period or subject to such conditions as the ('OUIIt or person thinks fit. 257. (1) Where for the purposes of this Act any Service of document has to be served on any persou c- docuniente, (a) the -document may .be served. in any case, by delivering it toJiinr personally or .by, leaving, it at his latest known .jilae« .of 'abode ; (b) if the document is to be served on ,the Master of a shipvif the ship -has.one, or-on a person belong ing to a (ship , ~he: ' document :ni'ay be :served bi. leaving it for him. oIlLboard ;th'e8hip~ with', the person who is or appears ·t o, be·: in- eomman j' or charge of the ship, or (c) if the. document i is to ' be.-served .on the Master. of the ,!lpip,an~ .t]1e ship is jn:Saint ,Vincent .an d' the Grenadines but ~lL"~~~ isno .Mast er... the docu-, ment may be served (i) ill the 'manner provided byjiatagraph (a) (a) on the managing'; owner I of ;'the slnp, or (b) if no managing owner is known, on some agent of the .owne r. .who is residin 0' in Saint Vinceiit ,' or t::> (ii) if no managing".own~r:or azent is "known or can' be found," bY;'a·ffixnig .:a:ro:pi ~ of the docu ment ~o the mas1rof the~liipand to some other conspicuous pl~,ce on , board w h.~r:e., it maybe seen': by, personstwho ' 'ent er ' 'tIle ship (2) Any person who obstructs the service'of 'a d'ocu ment that is to be served on the Master of a ship under this Act, and the o'yner or Master of ?- ship who is par,ty or .. privy to .the obstrll~tlo!1i s~1all all·,be gUllt~ of ,an ':Qft'enceocpmiisnable on summary conviction to a ' fine :of :two :hun dr ed dollars, No. 22. 340 Merchant Shipping 1982. Limitatiua of time. Exemption of Govern ment ships. PART XII LIMITATION OR ACTIONS IN CIVIL PROCEEDINGS 258. (1) No action may be brought to enforce any claim or lien against a vessel or her owners after the end of two years from the date on which the right of action accrued in respect of (a) any damage or loss to another vessel or to cargo or freight or, to any property on board, or (b) damage for loss of life or personal injuries suffered by any person on board the vessel, that was caused by the fault of the first mentioned vessel, irrespective of whether that vessel is wholly or partly in fault. (2) No. action ,maybe brought to enforce any con tribution inrespect of an overpaid proportion of any damages for- 10S8 of life or personal injuries after the end of one year from the date of payment. (3) Any Court having jurisdiction to, deal with an action to which this section relates may extend any period limited by sub-section (I)· or (t21} to such 'extent and on such conditions ali the Court thinks fit. (4) Where the· Court is. satisfied that during any period limited 'under; this section there has not been any reasonable, opportunity of. azresting the vessel of the defend ant within (a) the jurisdiction of the Court, or (b) the territo:rialw~ters:of the. country to 'which the pJa.intiff~s·shipbelongs or is which the plain tiff resides. on hashis principalplace of business, the Court may extend any such period sufficiently to enable a reasonable opportunity to be given to arrest the vessel of the. defendant. 259. Ex(;l?P~,as .otherwise specifically provided nothinz contained i~ t.h~j~a.~t or:in,any Regulations made o~ dee~ed to be made thereunder shall apply in relation to ships belonz ing' to the Government of Saint Vincent, 0 No. 22. 341 Merchant Shipping 1982. PART XIII TRANSITIONAL AND GENERAL PROVISIONS " 260. (1) Every ship that was, immediately before the date of commencement of Part I, a British ship by l~eason of being registered .' in Saint Vincent under the Merchant Shipping Act-. of .1894 or any subsequent law of the United Kingdom on the subject of Merchant Shipping as applicable to Saint Vincent shall, on and after that date and subject to the provisions of sub-section (2), be deemed to be a Saint Vincent ship as if the ship has been registered under this Act. (2) The owner of a ship which is deemed to be a Saint Vincent ship .by reason of sub-sections (1) may, at any time within six' months after the commencement of Part I, give written notice 'to the Registrar of his desire that the ship, shall cease to be a Saint Vincent ship, and upon receipt of that, notice the Registrar shall delete .the .ship from the Register, and the ship shall thereupon cease,' to be a Saint Vincent ship. (3) For the purposes of this Act, where a ship is deemed under this section to have been registered under this Act the Certifiesteof Registry of the ship in-force immediately before' the commencement of Par't I of- this Act shall' be deemed to have been-granted' .under-Par'tTff thereof. (4) Where a vship.vis deemed.iuuder i.this.jsection <to be a Saint Vincent s,hip-' (a) no annual fee shall be payable under Part III until after the expiration of six months from the date of commeneement vof -Part L and no registration feeshall.,bepaMable -uuden.Part III in 'respect of .that ·period or any portion: thereof, and (b) thereafter, -the annual fee. alone. shall be com puted and 'payable as if a registration fee, calcu lated in accordance with this Act, had been paid on the registered' tonnage of the' ship. (5) The instruments and other documents specified in. this Aet shall he in the prescribed form or, where it is not so .prescribed in such, form: as. the Minister' 01':- the Deputy Commissicner or the -Regiatrar ,may. specify, or; as meal' thereto as the circumstances permit. Transitional provisions. No. 22. 342 Merchant Shipping 198~. General Regula. tions, Rules. order. aad instruct.ions. (6) The Minister may, until the making of any Rules or Regulations under this Act] issue such 'written instruc tions as he may considen necessary or desirable on any matter for which Rules or Regulations may be framed. 261. (1) Without prejudice to any other power con ferred on him by this Act, the Minister may make Regulations or Rules (a) specifying (i) the forms to be used, and (ii) the fee~ or other sums to be paid, the person by whom and the manner in which, such fees or sums al~e to be determined; (b) the services to be performed or things to be done for the purposes of this Act or of any Regula tions made or deemed to have been made there under. (2) Without prejudice to his powers under sub section (1), the Minister may make Regulations or Rules, or issue Orders, or give instructions, for the carrying into operation of any of the provisions of this Act, and in particular, but without prejudice to the generality of the foregoing, fori prescribing anything that is authorised by this. Act to be prescribed or is considered necessary for the proper implementation of the provisions of this Act. (3) Any power conferred on the Minister by this Act to make Regulations or Rules or to make Orders, or to give instructions, shall include. the power (a) to vary, alter or repeal any such Regulation, Rule, Order or instruction; (b) to make any Regulation, Rule or Order, or issue any new instr'uction ; (c ) subject to such limitations or other express provision contained in this Act, for such other sanction as the Minister may deem appropriate; Xo. 22. 343 Merchant Shipping 1982. (d) to make such transitional or other incidental or supplementary provision as may appeaf to the Minister to be necessary. (4) The Minister may, by Order, declare from time to time that such of the Regulations, Rules and Orders referred to in the Second Schedule as are specified in the Order are deemed with such modifications as are made thereto in his Order, to have been made under this Act and to take effect accordingly until replaced by Regulations or Rules or Orders made under this Act. (5) In the Regulations, Rules and Orders deemed under sub-section (4) to have been made under this Act (a) any refernece to British ships or to shipsriegis tered in the United Kingdom is to be construed as a reference to Saint Vincent ships, and any reference to ships in Port in the United Kingdom is to be construed as a reference to ships in a. Saint Vincent Port. (b) any reference to the Board of Trade is to be construed as' a. reference to the Minister; (c) such other modifications, adaptations, qualifica tions and exceptions as are necessary to bring them: into .: conforinitv . with' this 'Act' shall be deemed to, ha ve been .made , and (d) any certificate, form or code of instructions printed and officially published for use in com pliance therewith apply inaimilar manner; and the same may at anytime be amended by Regulations, Rules or Orders made-under this Act. (6)Thel\ii;nister may, by order published in' .the Gazette, add to or vary-the-entries in the Second' Schedule. (7) Every .Regulation, ,Rule or Or'dermadeunder this 'Act shall be laid before the House of Assembly as soon a~ may be after it. is .made, B;nd if, within the period of twenty eight days after! It IS so laid, the House resolves that it be annulled or amended, the same shall thereupon cease to ).TO 29J..~. . 3.:14 Merchant Shipping 1982. General penalty, Exemption of Certain Ships from Application of this Act. Power of Minister to exempt vessels from the provisions of this Act. have effect or shall be effective as so amended, as the case may be, but without prejudice to the validity of anything previously done thereunder or to the making of any new Regulation or Rules or the issue of fresh Order. 262. (1) Every person who without lawful excuse con travenes any provision of this Act or of any Rule 01' Regula tion or Order made or issued thereunder by 'wilfully 'doing an act that it forbids or by wilfully omitting to do an act punishable on summary conviction to a fine not exceeding five hundred dollars or to six months imprisonment or to both. (2) 'I'he provisions of a sub-section (1) shall not apply to any contravention for which a penalty is expressly provided elsewhere under this Act otherwise than as an additional penalty. (3) A person shall not be deemed to have committed an offence under sub-section (1) in 'any case where the contra vention is by an act or omission that is solely of a legislative, judicial, administrative, ministerial or proce-dural nature. 263. - Unless otherwise specially provided in this Act or by Rules or Regulations made thereunder, none of the provi sions therein shall apply-. (a) to ships or other vessels belonging to the Government in the non-commercial service of the Government; (b) to ships 01'- other "Vessels of the 'defence or security force of, Saint Vincent. 264. Subject to the provisions of any Convention which the Government has ratified or to which the Government has acceded-in relation -to foreign-going or horne trade ships, the Cabinet may, in its 'discretion and" uponsuch conditions as it 'may think fit to impose, exempt any vessel or .class of vessel, or any. -person : or class of:"" persons from all: -or any of the provisions 'of this :Act. No. 22. 845 Merchant Shipping 1982. 26;'). The Cabinet may, by notification, modify any- of the provisions of this Act, in their application to ships engaged in coastal trade within Saint Vincent, in such manner and to such .extent as it ·may deem fit. 266. (1) The Merchant Shipping Act of 1804 of the United 'Kingdom and any subsequent law Oh the subject of Merchant Shipping as applicable to Saint Vincent and any other law, containing a : provision ' on-a matter on which pro vision 'bas been made in ' this 'Act .shallcon :the :commencement ofthis 4.ct, cease to apply in relation to Saint Vincent, exc ept in so far as the provisions relate to 'wr eck an.] salvage in respectwhereofthe provisions shall continue in force. (.2) For the purposes ;.of ; ·sect ions· J 4 to 18 of the Interpretation. an.dGenetlal Provisions Act; 1976, the provi sions of the Merchant Shipping Act and of any subsequent law of the United Kingdom on the subject of Merchant Shipping ..as .applicable to Saiilt ,Vincent ;ag 'are ;repealed by sub-section - (1) . and-any- other.Taw- :referretl 't6 in sub-section (1):.shall 1:>8 deemed -,to be ·-enactments; repealed and replaced by 't he' corresponding provisions of this-"Act. (3) Every Treaty Obligation, entered into by the UnitedKingdom. with-any 'o~h et tcount ry ; ' which 'iinmediat~ly befo.I;e; fhe commencement :0£' tliis ::~~t !ap~lie'djt'-o 'Baititi ViIice'nt {ill.cll,l~in~ the ; Or:clets ~Jn 'Council ,as: 'her el1HdE!r' set' 'Ot\{f 'iri 't.he maimer of the recovery and apprehension of seamen who' A're Foreign Deserters, shall, on such commencement, stand revoked and repealed in so far as they apply to Saint Vincent. (i) Statutory Instrument No. 144 of 1954 The Merchant Shipping (Foreign Desert ers) (Kingdom of Greece) Order, 1954 (ii) Statutory Instrument No. 426 of 1955 Th~ Merchant Shipping (Foreign Deser-t ers) (United States of Mexico) Order 1955 ' (iii) Statutory Instrument No. 143 of 1958 The Merchant Shipping (Foreign Desert ers) (Italian Republic) Order, 1958 spl:!cill.1 provtaionu for Coastal Trade Ships, Repeal and Savings. No. 23, of 1976. No. 22. Removal of difficulties. 346 Merchant Shipping 267. If any difficulty arIses 1982. No. 23 of 1916. (a) out of the repeal by this Act of any written law; (b) out of the amendment or revocation of any sub sidiary legislation or any part thereof, made under any law repealed by this Act and remain ing in force pursuant to this Act or of the Inter pretation and General Provisions Act, 1976; (c) the continuance in force, subject to such condi tions as may be prescr'ibed of any exemptions (whether or not based upon reciprocity 'With any other territory) from the operation of any written law repealed by this Act; (d) generally effecting a due and orderly assimil ation of the law relating to the Merchant Shipping in conformity with the purposes of this Act, or (e) in achieving the purposes of this Act generally, the Minister may. by notified order issued with the previous concurrence of the Minister of Legal Affairs, remove the difficulty. No. 22. 847 Merchant Shipping PART XIV SOHEDUI.JES FIRST SCHEDULE THE BR,USSELS CONVENTION OF 1926 1982. ARTICLE 1 Mortgages, hypothecations, and other similar charge upon vessel~, duly effected in accordance with the law of the Contracting State to which the vessel belongs, and register'e.] in a public register either at the port of the vessel's registry or at a central office, shall be registered as valid and respected in all the other contracting countries. ARTICLE 2 The following give rise to maritime liens on a vessel, on the freight for the voyage during which the claims giving rise to the lien arises, and on the accessomes of the vessel and freight accrued since the commencement of the voyage: (1) Law costs due to the State, and expenses incurred in the common interest of the creditors in order to preserve the vessel or to procure its sale and the distribution of the proceeds of sale; tonnage dues, light or harbour duel, and other public taxes and char-ges of .the same character; pilotage dues; the COlt of watching and preservation from the time of the entry of the vessel into the last port; (2) Claims arising out of the contract of engagement of the master, crew, and other persons hired on board; (3) Remuneration for assistanca and salvage, and the contribution of the vessel in general average; (4) Indemnities for collision or other accident of navigation, as also for damage caused to works forming part of harbours, docks and navigable ways, indeminities for loss of or damage to cargo or baggage; (5) Claims resulting from contracts entered into or .acts done. by the master, actingwithin- the scope of his authority, away from the vessel's home port, where such contracts or acts are necessary for. thepreservation of the vessel or the continuation of its voyage, whether the master is or is not at the same time owner of the vessel, and whether the claim is his own or that of shipchandlers, repairs, lenders, or other contractual creditors. ARTICLE 3 The mortgages, hypothecations, and other charges on vessels referred to in Article 1 rank immediately after the secured' claims referred to in the preceding article. ,No. 2,2. 348 Merchant Shipping 1982. National l.: ws rnav grant a lien is respect of claims other than those referred to in the saicf l~~st mentionadurticle, so, however, as not to modify the ranking of -iaims secured by mortgages, hypothecations, and other similar charges, or by the liens taking precedence thereof. ARTICLE 4 The accessories of the vessel and the freight mentioned in Articles 2, means: (1) Compensations due to the owner for material damage sustained by the vessel and not repaired, 01' for loss of freight; (2) General average contributions due to the owner, in respect of material damu,e sustained by the vessel and not repaired, or in respect of Iosa of ~reigb.t; (3) Re muneration due, to the owner for. assistance and" salvage services render' d at any time before the end of the voyage, any sums allotted to the master or other persons in service of the vessel being- deducted. The pnovisum astn freight apply also to passage money, and in the.Iast resort, to the sums-due-under Article 4 of the Convention 011 the Limitation of" shipowners liab .......ity. Payments made or due to the owner on policies of insurance, as well as bounties, subventions, al~d. pther national subsidies'. are not deemed to be accessories of the'vessel or '0£ the -freight. Natwit:h~t~21dillg anything in tlH~QPEmj.ng,words.of,Artfcles·,2 (2), the lien in favour OL perscnin the ser-vice of the ·ve~sel ext-ends. to the total amount of freight due for all voyages made during the subsistence of the same contract of engagement, ARTICLES 5 Claimseecured bya lien and relating to the sanievoyage rank in the ord~r::in '~vhkh.: they are: s.etoutin ,ArtiGle 2. Claims vincluded under any one. heading snare concurrently and rateably m the event of tha fund available being insufficient' to jiay -the claims in full. The c1a~tn~;mentioned,ulider:;Nos~(3)' and (5) in that 'Article rlank,'in each of the two categories, in the inverse order of the dates . .on which they came into existence. Claims arrsing from one and the same occurrenc., are, de~:med to have come into existence 'at the same time. No. 2~. 349 Merchant' Shipping 198~ . ARTICLE 6 Claims secured bya lien and attaching to the last voyagehave priority over those. attaching. to .previous voyage. Provided that. claims, arising on one and. the same contract of engage ment extending over several voyages, all rank with claims attaching to the last voyage. ARTICLE 7 As· regards the distribution· of. the sum resulting .from the' sale ',0-£ the property subject to lien.. the creditors whose claims are .seeured t,y a hen have the right to put .forward their claims in full, without any deduction OIl Mcounto~the.,rules relating to limitation of . liability ;p:rovided however, ethatthe,.sum'apportioned tothem may .not exceed the sum due havingregard to the said rules. ARTICLE 8 Claims secured by a lien follow the vessel, whatever hands it llHI.y':::..pass. ARTICLE 9 The lien cease to exist, apart from other cases provided for by national .~"nv, .at th7.:expira~ion of, D.ne y.ear ~W~, 'in. the. ~a~e.ofJieptl i9f. supplies jnentionedIn No. (<)) of Artlcle2, shallcontinue. III f'orce. I.or .not IV-Qre· thMt six' months. The periods for which the lien remains in fnl'.r.e in the case of liens securing- claims in respect of assistance iand.salvagecun, fJ.QlUi ,th,ttI 44y~when the servicesYerminated, j,Il ~e case. ~o£ Iiens, securing ,ela,lln&;m, .~e~p~cLD~ collision. and other accidents and in, r~sp'ecJ.<if bodily i:Q.ju~·i~, :tr9P1:,the .day when thedamage was caused'; in the cass ofIiens f9r .th~:tQs~of';-Qr:Q.~mag~ to cargo or baggage from the day of delivery of the cargo or baggage" or from the day when they should have been delivered, for repairs ~r{d, .suppJ).~$ and other cases mentioned in No, (5) of Arti-Ie 2 from the day the claim .Qrigin~ted.·, In all other cases the period runs .from ,the,en:force:bility of tlie claim. T1i¢ f~ct.that ~l~y' or th~,p'~r§ons ..empl.oyed()llJ;)Qar~,;)l1entiO'Jl~d in W(}. (2) of ,Artlcle 2 has a rIght to any .payment in advance 'or, On account does not render his 'claim enforcible. No. 22. ,650 Merchant Shipping 1982. As respects the cases provided for in the national laws in which a lien is extinguished, a sale shall extinguish a lien only if accompanied by form alities .of publicity which shall be laid down by the national laws. Those formalities shall include a notice given in such form and within such time as the national laws may prescribe to the authority charged with keeping the registers referred to in Article 1 of this Convention, The grounds upon which the above periods may be interrupted are determined by the law of the Court where the case is tried. The High Contracting Parties reserve to themselves the right to provide by legislation in their respective countries, that the said periods shall be extended in cases where it has not been possible to arrest the vessel to which a lien attaches in the territorial waters of the state in which the claimant has his 'domicile or his principal place of business, provided that the extended period shall not exceed .three years from the time when the claim originated. ARTICLE 10 A lien on freight may be enforced so long as the. freight is still due Or the amount of the freight is still in the hands of the master or the agent of the owner. The same principle applies to a lien on accessories. ARTICLE 11 Subject to the provisions of the Convention, liens established by the preceding provisions are subject to no formality and to no special conditions of proof. This- provision does. not affect the right of any state to maintain in the legislation provisions requiring the master of a vessel to fulfil special form alities in the case of certain loans raised on the seeuritv of ths vessel or in. ~, the case of the sale of 1 ARTICLE 12 National laws must prescribe the nature and the form of docements to be carried on board the vessel in 'which entry must be made of the mot-tza zes hypothecations, and other changes referred to in Article 1; so, however~, that the mortgagees requiring such entry in the said form be not held respo~sible for', any' omission, mistake, or delay in inscribing the. same on the said documents. No. 22. ARTICLE 13 351 Merchant Shipping 1982. The foregoing provisions apply to vessels under the .management of a penon who operates them without owning them or to the principal character, except in cases where the owner has been dispossessed by an illegal act or where the claimant. is not a bona fide claimant. ARTICLE 14 The provisions of this Convention shall be applied in each Contracting State in cases in which the vessel to which the claim relates belongs to a Contracting' State as well as in any other cases provided fol" by the national law. Nevertheless the principle formulated in the preceding paragraph does not affect the right of the Contracting State not to apply the provisions of this Convention in favour of tIle nationals of a non-contracting State. ARTICLE 15 This Convention .does not apply to vessels of war, nor to Government Vessels appropriated in favour exclusively to the public service. ARTICLE 16 Nothing in the foregoing provisions shall -be deemed -to affect 'in any way the competence of tribunals, modes of procedure or methods of execution authorized by the national law. No. 2.2. 352 Merchant Shipping SECOND SCHEDULE 1982. (Section 261 (4) ) REGULATIONS, RULES A:ND ORDERS OF 1;B;E UNITED KINGDOM THAT MAY BE ADOPTED Item Publication Title TONNAGE 1 s.r, 1967 No. 172 2 S.I. 1967 No. 1003 3 S.I. 1967 No. G56 4. s.r, 1975 No. 694 5 S.1. 1980 No. 282 6 S.1. 1970 No. 294 7 S.l. 1977 No. 1152 8 S.L 1915-"rNo. 430 9 S.1. 1977 No. 2070 The Merchant (Tonnage) Regulations, 1967 Amendment Regulations, 1967 Amendment Regulations, 1a72 Amendment Regulations, -1975: Amenlmcnt Regulations, 1980 The Merchant Shipping (Certificates of competency as 'A~B.-) Regulations, 1980 The Merchant Shipping (Certification of Deck Offers) Regulations,1977 Amendment. Regulatibns·;~:19.78 'I'hs Merchant v.Shipping (Certifleateu of Marine Engineer Officers) Regulations, 1977 10 11 12 13 S.l. 1979 No. 5a9 s.r, 1972 No. 1871 S.L 1975 No. 733 S.I. 1978 No. 36 Amendment Regulations, 1979 CREW The Merchant Shipping (Provisions and 'Yater) Regulations, 1972 The Merchant Shipping (Provisions and ,Yater) (Fishing and Other Vessels) Amendment Regulations 1975 The Merchant Shipping Provisions and Water) Amendment Regulations 1978 No. 22. Item Publication 353 Merchant Shipping Title TONNAGE 1982. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.\. 1978 No. 795 SJ. 1979 No. 491 S.I. 1980 No. 407 S.l. 1974 No. 1193 S.L 1975 No. 1582 S.L 1972 No. 1874 S.L 1980 No.53a S.L 1980 No. 543 S.L 1972 No. 531 S.l. 1980 No. 535 S.l. 1980 No. 537 s.r, 1980- No. 538 S.I. 1965 No. 1106 8.1. 1974 No. 2185 The l\I ('~y1'n 'It Slllpping (Crew Accom modation) Regulations, 1978 Amendment Regulations, 1979 The Merchant Shipping (Medical Scales) (Merchant Shipping and other Vessels) Amendment Regulations, 1980 The Merchant Shipping (Medical Scales) Regulations 1980 The Merchant Shipping (Medical Scales) (Merchant ships and other Vessels) Amendment Regulations, 1975 The Merchant Shipping (Official Log Books) Regulations, 1972 Amendment Regulations, 1980 SAFETY The Merchant Shipping (Pilot ladders and Hoists) Regulations, 1980 Amendment No. 2 Rules, 1972 The Merchant, Shipping (Passenger Ship Constructions) Regulations, 1980 The Merchant. Shipping (Cargo, Ship Construction and Survey) Regulations, 1980 '.fIle Merchant Shipping (Life Saving Appliances ) Regulations, ]980 The Merchant. Shipping (Fire Applian ces) Rules, 1965 Amendment Rules, 1974 No. 22. Item Publication 354 Merchant Shipping Title TONNAGE 1982. 28 S.L 1980 No. 529 29 s.r. 1980 No. 542 30 S.L 198D No. 540 31 S.L 19~0 No. 532 32 S.L 1970 No. 1453 33 s.r, 1975 Xo. 700 34 S.L 1975 No: 927 35 S.I. 1980 No. 630 36 S.l. 1980No. 534 37 s.r, 1977 No. 982 38 S.L 1977 No. 1301 '39 S.L 1978 No. 1659 40 S.L No. 1010 41 S.L 1D79 No. 1650 The Merchant Shipping (Radio Installa tions ) Regulations, 1980 'I'he Merchant Shipping (Musters) Regu lations, 1980 The Merchant Shipping (Closing of Openings in Hulls and in "Water tight Bulk heads) Regulations, 1980 The Merchant Shipping (Accepted Safety Convention Certificates) Regula tions, 198D The Anchors and Chain Cables Rules, 1970 Merchant Shipping (('arriage of Nautical Publications) Rules, 1975 The Merchant Shipping (Cargo and Passenger Ship Construction) Amend ment Rules, 1975 NAVIGATION The Merchant Shipping (Navigational Equipment) Regulations, 1980 TIle Merchant Shipping (Navigational Warnings) Regulations, 1980 The Collision Regulations and Distress Signals Order, 1977 Amendment Order, 1977 Amendment Order, 1978 The Merchant Shipping (Signals ofDis tress) Rules, 1977 'fIle Si: fcty (Collision Regulations and Distress ~ignals) Regulations, 1979 355 No. 22. :Merchant Shipping 1982. Item Publication Title TONNAGE LOAD UNES AND CARGOES 42 SJ. 1968 No. 1053 The Merchant Shipping (Load Line) Rules, 1968 43 44 45 46 S.I. 1970 No. 1003 s.r, 1975 No. 595 S.L 1968 No. 1072 S.L 1972 No. 1841 Amendment Rules, 1970 Amendment Rules, 1980 The Merchant Shipping (Load Lines) (Length of Ship) Regulations, 1968 The Merchant Shipping (Load Lines) (Particulars of Depth of Loading) Regu lations, 1972 47 s.r, 1968 No. 1089 The Merchant Shipping (Load Lrues ) (Deck Cargo) Regulations, 1968 sr, 1980 No. 536 S.L 1978 No. 154349 48 The Merchant Shipping (Grain) Regula tions, 1980 The Merchant Shipping (Dangerous Goods) Rules, 1978 50 S.I. 1968 No. 1116 The Merchant Shipping (Load Lines) (Exemption) Order, 1968 NOTE :-"S.1." denotes Statutory Instrument of United Kingdom Passed in the House of Assembly this 13th day of May, 1982. J. CLEMENT NOEL, Clerk of the House of Assembly. Printed by the Government Printer at the Government Printing O:t'lice, Kingstown, St. Vincent and the Grenadines. U12. [ Price $55.20 cents ]