:
}
539
No. 10 of 1899.
3.5
34
[8. 14 contd.)
Penalty for inaccurate
marks.
Submerged
load-line.
M. 8. det, 1894, s. 489.
Delivery of written sicto.
ment to Har bour Master.
Government Marina Surveyor to approve and Gertify on behalf of Governor.
Ship to be kept marked.
Definition of "amidships."
[Act of 1894,
a. 784.]
No. 10 of 1899.
MERCHANT SHIPPING.
obliterates, or suffers any person under his control to conceal, re- move, alter, déface, or obliterate, any of the said marks, except in the event of the particulars thereby denoted being lawfully altered, or except for the purpose of escaping capture by an enemy, shall for each offence be liable to a fine not exceeding 500 dollars.
(4) If any of the marks required by this section are in any respect inaccurate so as to be likely to mislead, the owner or master of the ship shall be liable to a fine not exceeding 500 dollars.
(5) If a ship is so loaded as to submerge in salt water the centre of the disc indicating the load-line, the ship shall be deemed to be an unsafe ship within the meaning of the provisions contained in section 17, and such submersion shall be a reasonable and probable cause for the detention of the ship.
(6) The owner, agent, or master of a ship required to be marked with deck and load-lines, shall also, on clearing her, deliver to the Harbour Master a statement in writing of the distance in feet and inches between the centre of the disc and the upper edge of each of the lines indicating the position of the ship's deck which is above that centre. If default is made in delivering this statement in the case of any such ship, the Harbour Master may refuse to clear the ship.
(7) The Governor may appoint the Government Marine Surveyor or any other person specially selected by him for that purpose, to approve and certify on his behalf the position of any disc indicating the load-line and any alteration thereof, and may appoint fees to be taken in respect of any such approval or certificate.
(8) When a ship to which this section applies has been marked with a disc indicating the load-line, she shall be kept so marked until her next return to the Colony.
T
(9) In this section "amidships' means the middle of the length of the load water-line as measured from the fore side of the stem to the aft side of the stern-post.
Provided that this section shall not apply to any ship of a foreign country before a day to be notified in the Gazette, without prejudice, however, to the power of His Majesty previously to apply the pro- visions of the Merchant Shipping Acts relating to deck and load-lines to ships of any foreign country if the Government of that country so desire under the Merchant Shipping Acts, in which event this section shall apply forthwith to ships of such country.
MERCHANT SHIPPING.
Provided also that this section shall not apply to any ship of a foreign country with regard to which His Majesty in Council has under section 445 of the Merchant Shipping Act, 1894, directed that ships of that country shall not be liable to detention, fine, or penalty on proof that such ship has complied with the laws and regulations of that country.
Dangerous Goods.
+
15. (1) If any person sends or attempts to send by, or, not Restrictions
on carriage of being the owner or master of the ship, carries or attempts to carry dangerous in, any ship any dangerous goods as defined by the Dangerous Goods goods. Ordinance, No. 1 of 1878, without distinctly marking their nature on the outside of the vessel or 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 owner or master of the ship, at or before the time of sending the same to be shipped or taking the same on board the ship, he shall for every such offence be liable to a fine not exceeding 500 dollars: Provided that if such person shows that he was merely an agent in the shipment of any such goods and was not aware, and did not suspect, and had no reason to suspect that the goods shipped by him were dangerous goods, the fine to which he shall be liable shall not exceed 50 dollars.
misdefcrip.
refuse to
(2) If any person knowingly sends or attempts to send by, or Penalty for carries or attempts to carry in, any ship any auch dangerous goods tion of under a false description, or falsely describes the sender or carrier dangerous
goods. thereof, he shall be liable to a fine not exceeding 2,500 dollars.
(3) The owner or master of any ship may refuse to take on board Power to any package or vessel which he suspects to contain such dangerous carry suspect-
nd goods. goods and may require it to be opened to ascertain the fact.
(4) It shall be lawful for the Harbour Master to refuse a port Ship with
dangerous clearance to any ship carrying more than 20 passengers, if there are goods not to on board any such dangerous goods unless they are enclosed in a carry more substantial compartment exclusively appropriated to the stowage of passengers. dangerous goods, or otherwise secured from contact with or damage from any other article or substance carried on board the ship, and so placed and surrounded that they are inaccessible to either the passengers or the crew, except with the consent of the master. And the master of any such ship who leaves or attempts to leave the waters of the Colony without having the said dangerous goods
* As amended by No. 80 of 1011, No. 16 of 1912 and No. 17 of 1912.
than 20