Section 583: Survey of ships alleged by seamen to be unseaworthy

583. Survey of ships alleged by seamen to be unseaworthy.—(1) Whenever, in any proceeding against any seaman or apprentice belonging to any ship 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, or the seaman belonging to the ship, that the ship is by reason of unseaworthiness, over loading, improper loading, defective equipment, or for any other reason, not in a fit condition to proceed to sea, or that the accommodation in the ship is insufficient, the Court, having cognizance of the case shall take such means as may be in its power to satisfy itself concerning the truth or otherwise of the allegation, and shall for that purpose receive the evidence of the person making the same, and may summon any other witness whose evidence it may think it desirable to hear, and shall, if satisfied that the allegation is groundless, adjudicate in the case, but if not so satisfied shall before adjudication cause the ship to be surveyed. (2) A seaman or apprentice charged with desertion, or with absence without leave, shall not have any right to apply for a survey under this section unless he has before deserting or absenting without leave complained to the master of the circumstances so alleged in justification. (3) For the purposes of this section the Court shall require any surveyor or, if such surveyor cannot be obtained without unreasonable expense or delay, then any other competent person 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. (4) Such surveyor or other person 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. (5) Any person making a survery under this section shall, for the purposes thereof, have all such powers as are specified in sub-section (3) of section 471. (6) The costs, if any, of the survey shall be determined in accordance with the scale of feet the Federal Government may, by notification in the official Gazette, fix in this behalf. (7) 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 over to the Federal Government. (8) 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 to the Federal Government, and shall also be liable to pay to the seaman or apprentice who has beets detained in consequence of the said proceeding before the Court under this section such compensation for his detention as the Court may award.

Effective date: 2001-01-01

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