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Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey

274. Appeal from surveyor to court of survey

 

(1) If a surveyor who has inspected a vessel—
(a) makes a statement in his report of his inspection with which the owner (or his agent) or the master of the vessel is dissatisfied; or
(b) gives notice under subsection (2) of section two hundred and fourteen, subsection (2) or (3) of section two hundred and sixteen or subsection (1) of section two hundred and twenty-three; or
(c) declines to give the certificate referred to in subsection (3) of section two hundred and fourteen, subsection (4) of section two hundred and sixteen or subsection (2) of section two hundred and twenty-three,

the owner (or his agent) or the master, as the case may be, may, subject to the provisions of subsection (2) of this section and section two hundred and eighty-two, appeal to a court of survey.

 

(2) Whenever a surveyor inspects any vessel, he shall, if the owner (or his agent) or the master of the vessel so requires, be accompanied on the inspection by some person nominated by the owner (or his agent) or the master, as the case may be, and if the person so nominated agrees with the surveyor as to the statement made or the notice given by the surveyor or the refusal by the surveyor to give a certificate; there shall be no appeal to a court of survey from that statement, notice or refusal.

[Section 274(2) substituted by section 35 of Act No. 30 of 1959]