:
540
Tower to throw over
board danger ous goods.
Forfeiture of dangerous goods in-
properly sent
or carried.
Court may proesed in Absence of owner of
goods.
Saving of enactments relating to dangerous goods.
No. 10 of 1899.
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 marked as aforesaid or without such notice baving 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 anch 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.
(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 enactinent for the like object, so, nevertheless, that nothing in the said provisions shall be deemed to authorise that any person be stied or prosecuted twice in the same matter,
Provisions an
1+
to grain
cargoss
Grain Cargoes.
16. (1) In this section,-
Grnin kernels.
means any corn, rice, paddy, pulse, seeds, nuts, or nut
* As amended by No. 9 of 1609, No. 80 of 1911 and No. 16 of 1912.
MERCHANT SHIPPING.
'Ship laden with a grain cargo
J
No. 10 of 1899.
37
means a ship carrying a cargo of which the portion consisting of grain is more than one third of the registered tonnage of the ship, and that third shall be computed, where the grain is reckoned in measures of capacity, at the rate 100 cubic feet for each ton of registered tonnage, and where the grain is reckoned in measures of weight, at the rate of 2 tons weight for each ton of registered tonnage.
(2) When such grain cargo is carried on board any vessel such grain shall be contained in bags, sacks, or barrels, or secured from shifting by boards, bulkheads, or otherwise.
(3) If any ship arrives within the waters of the Colony with grain cargo loaded contrary to the provisions of this section the master thereof shall be liable, on summary conviction, to a fine not exceed- ing 1,000 dollars.
(4) If the owner or master of any ship, or any agent of any ship. knowingly allows any grain cargo or part of a grain cargo to be loaded therein contrary to the provisions of this section, or sends or attempts to send such ship to sea, he shall for every such offence be liable, on summary conviction, to a fine not exceeding 1,000 dollare,
Unseaworthy Ships.
to nea a mie-
#
17. (1) Every person who sends or attempts to send, or is a Sending party to sending or attempting to send, a British or colonial ship to British or
unseewordby, sea in such an unseaworthy state that the life of any person is likely colonial ship to be thereby endangered shall be guilty of a misdemeanor, unless demeanor. he proves either that he used all reasonable means to ensure her being sent to sea in a seaworthy state, or that her going to sea in such an unseaworthy state was, under the circumstances, reason- able and justifiable, and, for the purpose of giving such proof, he may give evidence in the same manner as any other witness.
(2) Every master of a British or colonial ship who knowingly Master know- Takes the same to sea in such an unseaworthy state that the life of ingly taking unseaworthy any person is likely to be thereby endangered shall be guilty of ship to ses. a inisdemeanor, unless he proves that her going to sea in such an seaworthy state was, under the circumstances, reasonable and justifiable, and, for the purpose of giving such proof, he may give evidence in the same manner as any other witness.
As amended by No. 50 of 1911, No. 16 of 1912, No. 17 of 1942
and No. 21 of 1912.