948
[8. 15 contd.]
dangerous goods and more than 20 passengers, No. 10 of 1899.
MERCHANT SHIPPING.
(4) It shall be lawful for the Harbour Master to refuse a ship carrying port clearance to any ship carrying more than twenty passengers, if there are on board any such dangerous goods unless they are enclosed in a substantial compartment exclusively appropriated to the stowage of 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 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 five hundred dollars.
Power to throw overboard dangerous goods.
(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.
Forfeiture of dangerous goods improperly sent or carried.
(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 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 magistrate to declare such 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.
Court may proceed in absence of owner of goods.
(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.
948
[8. 15 contd.]
dangerous goods and
more than 20
passengers,
No. 10 of 1899.
MERCHANT SHIPPING.
(4) It shall be lawful for the Harbour Master to refuse a Ship carrying port clearance to any ship carrying more than twenty passengers, if there are on board any such dangerous goods unless they are inclosed in a substantial compartment exclusively appropriated to the stowage of 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 inclosed, secured, placed, and surrounded as in this sub-section provided, or without having obtained a clearance, shall be liable to a fine not exceeding five hundred dollars.
Power to throw over-
ous goods.
(5) Where any such dangerous goods have been sent or board danger 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.
Forfeiture of dangerous
goods im-
or carried.
(6) Where any such dangerous goods have been sent or carried, or attempted to be sent or carried, on board any properly sent 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 magistrate to declare such 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.
Court may proceed in absence of owner of
goods.
(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.
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