89. Magistrate to summon masters of vessels with respect to damage caused to wharves, etc.- (1) In case any damage or mischief shall be done to any dock, wharf, quay, stage, jetty, pier or works constructed or acquired by the Commissioners under the provisions of this Act, by any vessel, through the negligence of any person having the guidance or command thereof, or of any of the mariners or persons employed therein,
it shall be lawful for any Magistrate, having jurisdiction in the place where such damage or mischief is alleged to have been committed, on the application or the Commissioners, to issue a summons to the master of, or agent for, such vessel, requiring him to attend on a day and at an hour named in the summons to answer touching such damage or mischief;Provided that if, at the time of the damage or mischief the vessel was under the orders of a duly authorised officer belonging to the Pilot Service or the Harbour Master's or Port Officer's department, the case shall not be cognizable by the Magistrate under this section.(2)Magistrate to issue warrant of distress if darn age to wharves, etc., caused by negligence.- if at the time appointed in the summons, and whether the person summoned shall appear or not, the Magistrate Finds 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,it shall be lawful for the Magistrate to issue his warrant of distress 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 out of the proceeds of distress.
