Section 204

A seaman or apprentice charged with desertion, or with quitting his ship without leave, shall not have any right to apply for a survey under this section unless he has, before quitting his ship, complained to the master of the circumstances so alleged in justification.

For the purposes of this section the Court may require any government surveyor, or if a government surveyor cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the Court, competent 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 shall 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 shall cause the report to be communicated to the parties, and, unless the opinions expressed in the report are proved to the satisfaction of the Court to be erroneous, shall determine the questions before it in accordance with those opinions.

Any person making a survey under this section shall for the purposes thereof have all the powers of an inspector under this Ordinance.

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The costs, if any, of the survey shall be determined by the Port Officer, according to a scale of fees to be prescribed and shall be paid, in the first instance from the general revenue.

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 shall be paid 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 shall be paid into the general revenue.

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 shall pay the costs of the survey into the general revenue, and shall be liable to pay to the seaman or apprentice, who has been detained in consequence of the proceeding before the Court under this section, such compensation for his detention as the Court may award.

Saving.