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

Chapter IX : Offences, Penal Provisions and Legal Procedure

335. Method of detaining a vessel or a share in a ship or goods

 

(1) A proper officer may cause a vessel or share in a ship or any goods which by this Act is declared to be liable to detention, to be detained.

[Section 335(1) substituted by section 14 of Act No. 23 of 1997]

 

(2) The detention shall be effected by the service of a notice of detention in accordance with the provisions of this section.

 

(3) A notice of detention shall be in the prescribed form, shall be signed by the proper officer, shall declare that the vessel or share or goods are thereby detained, and shall set forth the grounds of detention.

 

(4) A notice of detention of a vessel or share in a ship shall be served upon the master of the vessel, and a notice of detention of goods shall be served upon the person in whose physical possession they are, and thereupon the vessel or share or goods shall be deemed to be detained for the purposes of this Act.

 

(5) A copy of every notice of detention shall forthwith be transmitted by the officer who issued it to the Authority.

 

(6) Whenever the Authority directs the proper officer to release a detained vessel or share in a ship or any detained goods, the proper officer shall issue a notice declaring that that vessel or share or those goods are released.

 

(7) A notice of release shall be in the prescribed form and shall be signed by the proper officer.

 

(8) A notice of release of a vessel or a share in a ship shall be served upon the master of the vessel, and a notice of release of goods shall be served upon the person in whose possession they are, and thereupon the vessel or share or goods shall be deemed to be released.