Port-clear- ance nul tu he granted
Rangoon Port Commissioners. [act xv
ceeds of such sale, shall satisfy such tolls, dues, rates, charges or penalties and costs, including the costs of sale remaining unpaid, rendering the surplus (if any) to the master of such vessel on demand.
40. If the Commissioners give to the officer of Government whose duty it is to grant the port-clear~
till tolls, &e., ance of any vessel a notice stating that an amount
are paid.
Compensa- tion for damage to property of
Commission-
ers.
therein specified is due in respect of tolls, dues, rates, charges or penalties chargeable under this Act, or any rules or orders made in pursuance thereof, against such vessel, or by the owner or master of such vessel, in respect thereof, or against or in respect of any goods on board such vessel, such officer shall not grant such port-clearance until the amount so chargeable has been paid.
41. In case any damage or mischief is done to any wharves, docks, quays, jetties, stages, piers or works constructed or acquired by the Commissioners under this Act by any vessel, through the negligence of the master thereof or of any of the mariners or persons employed therein, any Magistrate of the town of Rangoon may, on the application of the Commis- sioners, and on declaration by them that payment for such damage or mischief has been refused or has not been made. on demand, issue a summons to the master or owner of such vessel, requiring him to attend on a day and at an hour named in the summons lo answer touching such damage or mischief.
If, at the time appointed in the summons, and whether the person summoned appears or not, it is proved that the alleged damage was done through such negligence as aforesaid, and that the pecuniary amount of the same does not exceed two hundred rupees, the Magistrate may issue his warrant of dis- tress, under which a sufficient portion of the boats, masts, spars, ropes, cables, anchors or stores of the vessel may be seized and sold to cover the expenses of and attending the execution of the distress, and the pecuniary amount of damage as aforesaid, and such amount shall be paid to the Commissioners ont of the Procced of the distress; provided that if, at the time of 20
