Section 136

by a declaration of a government surveyor or surveyors under this Part, or by the refusal of a government surveyor to give such declaration; or

by the refusal of a government surveyor to grant any certificate which he is empowered to grant under this Ordinance, he may appeal, in the prescribed manner, to a Court of Survey constituted under section 212, and upon the constitution thereof by the Governor, such Court may make such order with respect to the costs of any such investigation as it thinks fit, and recoverable in the same manner as costs in Civil proceedings before a Magistrate.

On any such appeal the Court of Survey shall report to the Governor on the question raised by the appeal and the Governor, when satisfied that the requirements of the report and the provisions of this Part have been complied with, may grant the certificate required.

An owner, agent or master of any ship preferring an appeal under this section or under paragraph (b) of subsection (3) of section 202 may give notice in and by the prescribed notice of appeal that he objects to any specified person being a member of the Court of Survey, stating the grounds of his objection; and the Director shall forward such notice to the Governor, who may in his discretion direct that such person shall not be a member of the Court of Survey.

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

76

No appeal in certain cases.