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Prohibition on proceeding to sea without certificate.
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14.—(1) No ship to which this section applies shall proceed to sea on an international voyage from a port in Saorstát Eireann after the first day of January nineteen hundred and thirty-four unless there is in force in respect of the ship—
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(a) in the case of a ship being a passenger steamer, either—
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(i) a general safety certificate; or
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(ii) a short voyage safety certificate; or
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(iii) a qualified safety certificate and passenger steamer's exemption certificate, being a certificate or certificates which by the terms thereof is or are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged;
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(b) in the case of a ship not being a passenger steamer, either—
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(i) such certificate or certificates as would be required in her case by the foregoing provisions of this section if she were a passenger steamer; or
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(ii) a wireless telegraphy certificate; or
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(iii) a wireless telegraphy exemption certificate which by the terms thereof is applicable to the voyage on which the ship is about to proceed.
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(2) If any ship to which this section applies proceeds, or attempts to proceed, to sea in contravention of this section—
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(a) in the case of a ship being a passenger steamer, the master or owner of the steamer shall, without prejudice to any other remedy or penalty under the Merchant Shipping Acts, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for every passenger carried on board the steamer, and the master or owner of any tender by means of which passengers are taken on board the steamer shall also be guilty of an offence under this section and shall be liable on summary conviction thereof to a like penalty for every passenger so taken on board; and
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(b) in the case of a ship not being a passenger steamer, the master or owner of the ship shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
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(3) The master of every ship to which this section applies shall produce to the officer of customs from whom a clearance for the ship is demanded for an international voyage, the certificate or certificates required by the foregoing provisions of this section to be in force when the ship proceeds to sea, and a clearance shall not be granted, and the ship may be detained, until the said certificate or certificates are so produced.
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(4) Where a passenger steamer's exemption certificate or wireless telegraphy exemption certificate issued in respect of any ship to which this section applies specifies any conditions on which the certificate is issued and those conditions are contravened, the master or owner of the ship shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
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(5) This section applies to Saorstát Eireann ships being passenger steamers or being ships of sixteen hundred tons gross tonnage or upwards.
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