ORDINANCE No. 8 OF 1879 . 1499
Merchant Shipping.
3. The master or owner of any vessel , British or foreign , may refuse Power to re
fuse to carry
to take on board any package or parcel which he suspects to contain goods suspect
ed of being
goods of a dangerous nature, and may require it to be opened to ascertain dangerous.
[Ibid, sec.
the fact. 25.1
Power to
4. Where any dangerous goods as defined in paragraph 1 of this throw over
board dan
section, or any goods which, in the judgment of the master or owner of
gerous goods .
the vessel, are of a dangerous nature, have been sent or brought aboard [Ibid, sec.
26. ]
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.
5. Where any dangerous goods have been sent or carried, or Forfeiture of
dangerous
attempted to be sent or carried , on board any vessel , British or foreign , goods impro
perly sent.
without being marked as aforesaid , or without such notice having been [Ibid, sec.
27.]
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 receptacle 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 The Court
may proceed
forfeiture and disposal, notwithstanding that the owner of the goods has in absence of
the owners .
not committed any offence under the provisions of this section relating
to dangerous goods , and be not before the Court, and has not notice of
the proceedings, and notwithstanding 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 Saving as to
dangerous
goods shall be deemed to be in addition to, and not in substitution for, goods Ordi
nance.
or in restraint of, any other enactment * for the like object , so nevertheless [Ibid, s. 28.
[* See Ordi
that nothing in the said provisions shall be deemed to authorise that any nances Nos.
& of1873 8
Person be sued or prosecuted twice in the same matter. 19 of 1890. ]