Merchant Shipping Act (Cap. 234), article 104

104. (1) Where a vessel sustains damage, or is stranded, abandoned or lost, or where owing to stress of weather or other cause is forced to enter any por t, the master shall, within twe nty- four hours after the event if the event happens in any port, or within twenty-four hours after his arrival in any port if the event ha ppens elsewhere, make a sea- protest in manner prov ided by this articl e. (2) The master shall al so, at the time of mak ing his sea-protest , produce his official log book and the ship’s log and cause them to be endorsed by the authority bef ore whom the sea-protest is mad e. (3) In Malta, the sea-protest shall be made before the judge of the Civil Court, First Hall; elsewhere it shall be made before a Maltese consular officer or, in the absence of such officer, be fore a local authority. (4) In the sea-protest the master shall state on oath the place and time of sailing, the nature of his cargo, the course pursue d, the perils encountered and the damage sustained by the vessel, and all other relevant facts, in particular those relating to the casua lty in respect of which the sea-protest is made. (5) The authority before whom the sea-protest is made shall, immediately after the master has made his statement, examine on oath not less than three memb ers of the crew and, where practicable, some of the passengers. (6) Where a sea-protest is required to be made, the master shall, except in the case of imminent danger, not discharge any goods from the vessel until he makes the sea-protest. (7) It shall be competent to any interested party to prove any fact contrary to those stated in a sea-protest; and if a sea-pr otest is not made within the time specifi ed in sub-article (1), any inte rested party may prove any fact which should have resulted from the se a- protest, or otherwise related to the casualty, by any other mea ns. (8) If the master fails to comply with any of the provisions of this article he shall be answerable to any interested party for any damages and interest. Documents to be handed over to successor. Amended by:  XIII. 1983.5; XXII. 2000.2.