MERCHANT SHIPPING.
No. 10 of 1899.
631
with the consent of the master. And the master of any such [s.15 contd.] ship who leaves or attempts to leave the waters of the Colony without having the said dangerous goods inclosed, secured, placed and surrounded as in this sub-section provided, or without having obtained a clearance, shall be liable to a fine not exceeding five hundred dollars.
overboard
(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.
improperly sent or carried.
(6) Where any such dangerous goods have been sent or carried, or attempted to be sent or carried, on board any ship, without being 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 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 magistrate may direct.
may proceed in absence of owner of goods.
(7) The magistrate shall have and may exercise the aforesaid powers of forfeiture and disposal, notwithstanding that the owner of the goods may not have committed any offence under the provisions of this section relating to dangerous goods, and may not be before the magistrate, and may not have notice of the proceedings, and notwithstanding that there may be no evidence of the ownership of the goods; 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 authorize that any person be sued or prosecuted twice in the same matter.