Section 90
Recovery of damages for injury done to property of Commission
of Penang Port Commission Act 1955
In every case in which any damage is done to any gate, bridge, pier, jetty, quay, wharf, warehouse, shed, graving dock, graving block, building or other work belonging to the Commission by any vessel or by any of the persons belonging to or employed about any vessel, the amount of the damage may be recovered from the master or the owner of the vessel, where the claim does not exceed one thousand ringgit, in a Magistrate’s Court, and, whatever may be the extent of such claim, by action at law in the
High Court.
(2)
The Commission may detain the vessel until the damage has been paid for or a deposit has been made by the master or owner of the vessel, equal in amount to the claim or demand made by the Commission for the estimated amount of the damage so done by the vessel, or security has been given for the payment of the entire amount of the damage.
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(3)
If a deposit has been made, the Commission shall receive and retain it until the entire amount of the damage has been ascertained by the Commission and paid to it by the master or owner of the vessel.
(4)
Every such deposit shall be considered to have been made in payment and satisfaction of the claim or demand for damage in respect of which the deposit has been made, unless notice that the claim is disputed is given to the Commission within seven days after the deposit has been made.
(5)
After the expiration of seven days next after the deposit has been made, unless in the meantime notice has been given to the
Commission that the claim is disputed, the Commission may, unless the amount of damage done by the vessel has been sooner paid, apply the deposit or a sufficient part thereof in making good such damage, and shall return the residue, if any, to the said master or owner.
(6)
Every notice that a claim is disputed shall be in writing, and shall contain the name and an address of some person, within the
State, who is authorized to act on behalf of the master or owner in reference to the claim, otherwise the notice shall be invalid.
(7)
Service of any documents or legal process on any such person shall be deemed good service on the master or owner for all purposes.