(9)
Sending unseaworthy ship to sea a misdemeanour. (M. 8. A.
Sending Unseaworthy Ships to Sea.
IX. Every person who, having authority as owner or other- wise to send a ship to sea, sends her to sea in an unseaworthy, dangerous, or unsafe state, so as to endanger the life of any person belonging to or on board the same, shall be guilty of a mis- 1871, sec. 11.) demeanour unless he proves that he used all reasonable means to make and keep the ship seaworthy and safe, and was ignorant of her being unseaworthy, dungerous, or unsafe, or that her going to sea in an unseaworthy, dangerous, or unsafe state was, under the circumstances, reasonable and unavoidable, and for this purpose he
may give evidence in the same manner as any other witness. A misdemeanour under this section shall not be pu- nishable on summary conviction.
146
This shelt retend t
A Muster
Reporting Royal
Camer
She pro
Dangerous Goods.
Restrictions
dangerous goods.
sec. 23.)
or not being
X. If any person sonds or attempts to send by, on carriage of master or owner of the vessel, carries or attempts to carry in any vessel, British or foreign, any dangerous goods, that is to (M. S. A. 1878, say-aquafortis, vitriol, naphtha, benzine, gunpowder, lucifer matches, nitro-glycerine, petroleum, or any other goods of a dangerous nature, without distinctly marking their nature on the outside of the package containing the same, and giving written notice of the nature of such goods and of the name and address of the sender or carrier thereof to the master or owner of the vessel at or before the time of sending the same to be shipped, or taking the same on board the vessel, he shall, for every such offence, incur a penalty not exceeding five hundred dollars: Provided that if such person show that he was merely an agent in the shipment of any such goods as aforesaid, and was not aware and did not suspect and had no reason to suspect that the goods shipped by him were of a dangerous nature, the penalty which he incurs shall not exceed fifty dollars.
Penalty for
2. If any person knowingly sends, or attempts to send by, or misdescription carries, or attempts to carry in any vessel, British or foreign, of dangerous
any dangerous goods, or goods of a dangerous nature, under a false geods. (Thid, sec.24.) description, or falsely describes the sender or carrier thereof, he shall incur a penalty not exceeding two thousand and five hundred dollars, to be recovered in a summary way before two Stipendiary Magistrates sitting together.
Power to refuse
3. The master or owner of any vessel, British or foreign, may to carry goods refuse to take on board any package or parcel which he suspects suspected of
to contain goods of a dangerous nature, and may require it to being
be opened to ascertain the fact.
dangerous.
(Ibid, sec. 25.) Power to throw over- board dan- gerous goods.
4. Where any dangerous goods as defined in paragraph 1 of this section, or any goods which, in the judgment of the master or owner of the vessel, are of a dangerous nature, have been sent or (Ibid, sec. 26.) brought aboard any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as aforesaid, the master or owner of the vessel may cause such goods to be thrown overboard, together with any package or receptacle in which they are contained; and neither the master nor the owner of the vessel shall, in respect of such throwing overboard, be subject to any liability, civil or criminal, in any Court.
Forfeiture of dangerous roods in-
properly sent. (Ibid, sec. 27.)
The Court may proceed
In absence of the owners.
Saring as to
dangerous
goods
5. Where any dangerous goods have been sent or carried, or attempted to be sent or carried, on board any vessel, British or foreign, 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 two Stipendiary Magistrates sitting together to declare such goods, and any package or re- ceptacle in which they are contained, to be, and they shall thereupon be, forfeited, and when forfeited shall be disposed of as the Court directs.
6. The Court shall have and may exercise the aforesaid powers of forfeiture and disposal, notwithstanding that the owner of the goods have not committed any offence under the provisions of this section relating to dangerous goods, and be not before the Court, and have not notice of the proceedings, and notwith- standing that there be no evidence to show to whom the goods belong; nevertheless the Court may, in its discretion, require such notice as it may direct to be given to the owner or shipper of the goods before the same are forfeited.
7. 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 enactinent for the (Ibid,sec. 28.)
like object, so nevertheless that nothing in the said provisions shall be deemed to authorise that any person be sued or pro- secuted twice in the same matter.
Ordinance.