ORDINANCE No. 8 OF 1879.
Merchant Shipping.
3. The master or owner of any vessel, British or foreign, may refuse to take on board any package or parcel which he suspects to contain goods of a dangerous nature, and may require it to be opened to ascertain the fact.
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 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.
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 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.
1499
Power to refuse to carry goods suspected of being dangerous. [Ibid, sec. 25.]
Power to throw overboard dangerous goods. [Ibid, sec. 26.]
Forfeiture of dangerous goods improperly sent. [Ibid, sec. 27.]
6. The Court 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 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 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 authorise that any person be sued or prosecuted twice in the same matter.
Saving as to goods ordinance. [Ibid, s. 28.] [*See Ordinances Nos. 5 of 1873 & 19 of 1890.]
ORDINANCE No. 8 OF 1879.
Merchant Shipping.
3. The master or owner of any vessel, British or foreign, may refuse to take on board any package or parcel which he suspects to contain goods of a dangerous nature, and may require it to be opened to ascertain the fact.
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 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.
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 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.
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Power to re- fuse to carry goods suspect- ed of being dangerous. [Ibid, sec. 25.]
Power to throw over- board dan- gerous goods. [Ibid, sec.
26.]
Forfeiture of dangerous
goods impro- perly sent
Ibid, sec.
27.3
may proceed in absence of the owners.
6. The Court shall have and may exercise the aforesaid powers of The Court 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 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 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 authorise that any person be sued or prosecuted twice in the same matter.
Saving as to goods ordi-
dangerous
nance.
[ Ibid, s. 28. ] [* See Ordi nances Nos. E of 1873 8 19 of 1890.]
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