976
No. 10 of 1899.
Power to throw overboard dangerous goods.
Forfeiture of dangerous goods imported or carried.
MERCHANT SHIPPING.
enclosed, secured, placed, and surrounded as in this sub-section provided, or without having obtained a clearance, shall be liable to a fine not exceeding 500 dollars.
(5) Where any such dangerous goods have been sent or brought on board any ship, without being marked as aforesaid or without such notice having been given as aforesaid, the owner or master may cause such goods to be thrown overboard, together with any vessel or package in which they are contained; and neither the owner nor the master shall, in respect of such throwing overboard, be subject to any liability, civil or criminal.
(6) Where any such dangerous goods have been sent or carried, or attempted to be sent or carried, on board any ship, without being properly sent marked as aforesaid or without such notice having been given as aforesaid, and where any such goods have been sent or carried, or attempted to be sent or carried, under a false description, or the sender or carrier thereof has been falsely described, it shall be lawful for a Stipendiary Magistrate to declare such goods, and any package or receptacle in which they are contained, to be and they shall thereupon be forfeited, and shall be disposed of as the Court may direct.
Court may proceed in absence of owner of goods.
Saving of enactments relating to dangerous goods.
(7) The Magistrate shall have and may exercise the aforesaid powers of forfeiture and disposal, notwithstanding that the owner of the goods has not committed any offence under the provisions of this section relating to dangerous goods, and is not before the Court, and has not notice of the proceedings, and notwithstanding that there is no evidence to show to whom the goods belong; nevertheless the Magistrate may require such notice to be given to the owner or shipper of the goods before the same are forfeited.
(8) The provisions of this section relating to the carriage of dangerous goods shall be deemed to be in addition to, and not in substitution for or in restraint of, any other enactment for the like object, so, nevertheless, that nothing in the said provisions shall be deemed to authorise that any person be sued or prosecuted twice in the same matter.
Grain Cargoes.
Provisions as to grain cargoes.
16.-(1) In this section,--
Grain means any corn, rice, paddy, pulse, seeds, nuts, or nut kernels.
*As amended by No. 9 of 1909, No. 30 of 1911 and No. 16 of 1912.
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