Section 119

If it appears that there was not reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner, for the provisional detention of the ship under section 118 the Government shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship and compensation for any loss or damage sustained by him by reason of the detention or survey.

If a ship is finally detained under this Act or if it appears that a ship provisionally detained was at the time of 93

Liability for costs and damages

94

Merchant Shipping such detention unsafe, the owner of the ship shall be liable to pay to the Government the costs of and incidental to the detention and survey of the ship, and such costs shall with-out prejudice to any other remedy be recoverable in the same way as a fine imposed in a Court of a Magistrate.

For the purposes of this Act, the costs of and incidental to any proceeding before a court of survey and a reasonable amount in respect of remuneration of the sur-veyor appointed under section 118 (1) (b) shall be part of the costs of the detention and survey of the ship.

( 4) Any dispute as to the amount of the costs of and incidental to the detention and survey of a ship payable under subsection (2) to the Government may be referred to a Registrar, who shall, upon such reference being made to him ascertain and certify the proper amount of such costs.

A claim for any costs or compensation payable by the Government under this section may be brought against the Director by his official title as if he were a cor-poration sole.