Where a complaint is ynade to the I3oard of Trade or a detaining officer that a British ship is unsafe, the Board or officer may require the complainant to give satisfactory security for the costs and compensation which he may become liable to pay. But such security is not required where the complaint is made by one-fourth, being not less than three of the seamen belonging to the ship, and is not in the opinion of the Board frivolous or vexatious. The Board or officer must, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained. Where a ship is detained in consequence of a complaint, and the circumstances are such that the Board of Trade are liable to pay costs or compensation, the complainant is liable to pay to the Board all such costs and compensation as the Board incur or are liable to pay in respect of the detention or survey of the ship. Where a foreign ship has taken on board all or any part of her cargo at a port in the United Kingdom, and is, whilst at that port, unsafe by reason of overloading or improper loading, these provisions with respect to the detention of ships apply to that foreign ship as if she were a British ship, with the following modifications :—(1) A copy of the order for the provisional detention of the ship must be forthwith served on the consular officer for the country to which the ship belongs at or nearest to such port ; (2) where a ship has been provisionally detained, the consular officer, on the request of the owner or master of the ship, may require that the person appointed by the Board to survey the ship shall be accompanied by such person as the consular officer may select, and in that case, if the surveyor and that person agree, the Board will cause the ship to be detained or released accordingly ; but if they differ, the Board may act as if the requisition had not been made, and the owner and master have the like appeal to a court of survey touching the report of the surveyor's report as is provided in the case of a British ship ; and (3) where the owner or master appeals to the court of survey, the consular officer, on his ,`request, may appoint a competent person to be assessor in the case in lieu of the assessor who, if the ship were a British ship, would be appointed otherwise than by the Board of Trade.
Whenever in proceeding against a seaman or apprentice for the offence of desertion or absence without leave, it is alleged by one-fourth, or if their number exceeds twenty by not less than five, of the seamen belongiog to the ship, that she is by reason of unseaworthiness, overloading, improper loading, defective equipment, or for any other reason, not in a fit condition to proceed to sea, or that her accommodation is insufficient, the Court will take such means as may be in their power to satisfy themselves concerning the truth or untruth of the allegation, and for that purpose receive the evidence of the persons making them, and may summon other witnesses, and will, if satisfied that the allegation is groundless, adjudicate in the case ; but:if not so satisfied, will before adjudication cause the ship to be surveyed. A seaman or apprentice
charged with desertion, or with quitting his ship without leave, has no right to apply for such survey unless he has before quitting his ship complained to the master of the circumstances so alleged in justification. For the purposes indicated the Court will require any surveyor of ships appointed under the Merchant Shipping Act, 1894, or any person appointed for the purpose by the Board, or if such a surveyor or person cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the Court, com petent to deal with the special circumstances of the case, then any other impartial surveyor appointed by the Court, and having no interest in the ship, her freight or cargo, to survey the ship, and to answer any question concerning her which the Court thinks fit to put. Such surveyor or other person is required to survey the ship, and make his written report to the Court, including an answer to every question put to him by the Court, and the Court will cause the report to be communicated to the parties, and, unless the opinions expressed in the report are proved to be erroneous, will determine the questions before them in accordance with those opinions. A person making the survey has for the purposes thereof all the powers of a Board of Trade inspector. The costs (if any) of the survey are determined by the Board according to a scale of fees, and are paid in the first instance out of the Mercantile Marine Fund. If it is proved that the ship is in a fit condition to proceed to sea, or that the accommodation is sufficient, as the case may be, the costs of the survey are payable by the person upon whose demand, or in consequence of whose allegation the survey was made, and may be deducted by the master or owner out of the wages due or to become due to that person, and must be paid over to the Board. If it is proved that the ship is not in a fit condition to proceed to sea, or that the accommodation is insufficient, as the case may be, the master or owner of the ship is required to pay the costs of the survey to the Board, and is liable to pay compensation to the seaman or apprentice detained by the Court. The Merchant Shipping Act, 1906, contains further provision for the safety of ships, and lays down certain regulations with regard to loading. Sec SHIPS AND SHIPPING; SEAMEN.