D. 1899.]
MERCHANT SHIPPING.
[No. 10.
the Colony without having the said dangerous goods enclosed, secured, packed, and surrounded as in this sub-section provided or without having obtained a clearance shall be liable to a penalty not exceeding five hundred dollars.
(6.) Where any dangerous goods as defined by this section, or any goods which, in the judgment of the owner or master of the ship, are of a dangerous nature, 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 of the ship may cause such goods to be thrown overboard, together with any package or receptacle in which they are contained; and neither the owner nor the master of the ship shall, in respect of such throwing overboard, be subject to any liability, civil or criminal, in any court.
(7.) Where any 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 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 a Stipendiary Magistrate to declare such goods, and any package or receptacle in which they are contained, to be forfeited, and, when forfeited, shall be disposed of as the Court may direct.
(8.) 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, in his discretion, require such notice to be given to the owner or shipper of the goods before the same are forfeited.
(9.) 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 authorize that any person be sued or prosecuted twice in the same matter.
477
Power to board dangerous goods.
Throw overboard.
Forfeiture of goods improperly sent or carried.
Court may proceed in absence of owner of goods.
Saving as to enactment relating to dangerous goods. See Ordinance No. 1 of 1873.
Grain Cargoes.
16. (1.) No cargo of which more than one-third consists of any kind of grain, corn, rice, paddy, pulse, seeds, nuts, or nut kernels (hereinafter referred to as "grain cargo") shall be carried on board any ship, unless such grain cargo is contained in bags, sacks, or barrels or secured from shifting by boards, bulkheads, or otherwise.
Carriage of grain.
Repealed by Ord. ...
Laz...
D. 1899.]
MERCHANT SHIPPING.
[No. 10.
the Colony without having the said dangerous goods enclosed, secured, aced, and surrounded as in this sub-section provided or without having · btained a clearance shall be liable to a penalty not exceeding five hundred dollars.
(6.) Where any dangerous goods as defined by this section, or y goods which, in the judgment of the owner or master of the hip, are of a dangerous nature, 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 of the ship may canse such goods to be thrown overboard, together with any package or receptacle in which they are contained; and neither the owner nor the master of the ship shall, in respect of such throwing overboard, be sub- eot to any liability, civil or criminal, in any court.
(7.) Where any dangerous goods have been sent or carried, or at- tempted to be sent or carried, on board any ship, without being marked 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 a Stipendiary Magistrate 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,
direct. shall be disposed of as the Court may
(8.) 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, in his discretion, require such notice to be given to the owner or shipper of the goods before the same are forfeited.
(9.) 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 authorize that any person be sued or prosecuted twice in the same matter.
477
Power to board dan- gerous goods.
throw over-
Forfeiture of
goods im- dangerous properly sent
or carried.
Court may proceed in
once of owner of goods.
Saving as to relating to dangerous goods. See Ordinance.
enactment
No. 1 of 1873.
Grain Cargoes.
<<
16. (1.) No cargo
of which more than one-third consists of any kind grain, corn, rice, paddy, pulse, seeds, nuts, or nut kernels (hereinafter referred to as grain cargo") shall be carried on board any ship, unless Buch grain cargo is contained in bags, sacks, or barrels or secured from
hifting by boards, bulkheads, or otherwise.
Carriage of grain.
Refeated by ord glog
Laz
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