writing as to the disc and deck-lines of a ship need not be inserted in the form of entry or transmitted or delivered to a chief officer of customs under the provisions hereinbefore contained (1). as to colo spect to c. 9, s. 3. 444. Where the legislature (m) of any British posses- Provision sion (n) by any enactment provides for the fixing, marking, nial ships and certifying of load-lines on ships registered in that with repossession (n), and it appears to Her Majesty the Queen load-lines. that that enactment is based on the same principles as the 53 Vict. provisions of this Part of this Act relating to load-lines, and is equally effective for ascertaining and determining the maximum load-lines to which those ships can be safely loaded in salt water, and for giving notice of the load-line to persons interested, Her Majesty in Council (0) may declare that any load-line fixed and marked and any certificate given in pursuance of that enactment shall, with respect to ships so registered, have the same effect as if it had been fixed, marked, or given in pursuance of this Part of this Act (p). as to for spect to c. 9, s. 4. 445.-(1.) Where the Board of Trade certify that the Provision laws and regulations for the time being in force in any cign ships foreign country and relating to overloading and improper with reloading (9) are equally effective with the provisions of this load-lines. Act relating thereto, Her Majesty in Council may direct that 53 Vict. on proof of a ship of that country having complied with those laws and regulations, she shall not, when in a port (r) of the United Kingdom, be liable to detention for non-compliance with the said provisions of this Act (q), nor shall there arise any liability to any fine or penalty which would otherwise arise for non-compliance with those provisions. (7) §§ 440, 441. (m) Int. Act, 1889, § 18, s. 7. (p) That is, in England, by supplying the place of the English load-line, it will prevent the owner from being fined under § 442, or his ship being detained under § 442, s. 2. S.M.S.A. (q) The sections as to dangerous Restric tions on carriage of 36 & 37 s. 23. (2.) Provided that this section shall not apply in the case of ships of any foreign country in which it appears to Her Majesty that corresponding provisions are not extended. to British ships (s). Dangerous Goods (1). 446. (1.) A person (u) shall not send or attempt to send by any vessel (r), British (s) or foreign, and a person dangerous not being the master (y) or owner (2) of the vessel, shall goods. not carry or attempt to carry in any such vessel, any Vict. c. 85, dangerous goods (a), without distinctly marking their nature on the outside of the package containing the same, and Vict. c. 17. giving written notice of the nature of those goods and of the name and address of the sender or carrier thereof to the master (y) or owner (2) of the vessel at or before the time of sending the same to be shipped or taking the same on board the vessel. : 8 & 39 8. 42. (2.) If any person fails (b) without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding one hundred pounds (c); or if he shows that he was merely an agent in the shipment of any such goods as aforesaid, and was not aware and did not suspect and had no reason to suspect that the goods shipped by him were of a dangerous nature (a), then not exceeding ten pounds. (3.) For the purpose of this Part of this Act the expression "dangerous goods" means aquafortis, vitriol, naphtha, benzine, gunpowder, lucifer matches, nitroglycerine, petroleum, any explosives within the meaning of the Explosives Act, 1875 (d), and any other goods which are of a dangerous nature. for misde ous goods. 447. A person (e) shall not knowingly send or attempt to Penalty send by, or carry or attempt to carry in, any vessel (f), scription British (g) or foreign, any dangerous goods (h) under a false of dangerdescription, and shall not falsely describe the sender or 36 & 37 carrier thereof, and if he acts in contravention of this Vict. c. 85, section he shall for each offence be liable to a fine not exceeding five hundred pounds (i). 8. 24. deal with any goods susany pected of being dan to gerous. 36 & 37 Vict. c. 85, 448.-(1.) The master (k) or owner (1) of any vessel (f), Power to British (g) or foreign, may refuse to take on board package or parcel which he suspects to contain dangerous goods (h), and may require it to be opened ascertain the fact. (2.) Where any dangerous goods (h), or any goods, which, ss. 25, 26 in the judgment of the master (k) or owner (1) of the vessel (f), are dangerous goods (h), have been sent or brought aboard any vessel (ƒ), British (9) or foreign, without being marked as aforesaid (m), or without such notice having been given as aforesaid (m), the master or owner of the vessel may cause those goods to be thrown overboard, together with any package or receptacle in which they are contained; and neither the master (k) nor the owner (1) of the vessel shall be subject to any liability, civil or criminal, in any court for so throwing the goods overboard. ous goods 449.-(1.) Where any dangerous goods (h) have been sent Forfeiture of dangeror carried, or attempted to be sent or carried, on board any vessel (f), British (g) or foreign, without being marked as improaforesaid (m), or without such notice having been given as perly sent aforesaid (m), or under a false description, or with a false 36 & 37 description of the sender or carrier thereof, any court having Admiralty jurisdiction (n) may declare those goods, includes fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined. (e) Includes corporations; Int. Act, 1889, §§ 2, 19. (ƒ) Wider than "ship;" see note (k) to § 422; and § 742. (g) Note to § 1. sum (h) Defined, § 446, s. 3. (k) Defined, § 742. (1) § 58, note. (m) § 446, s. 1. (n) The High Court or certain county courts in England. or carried. Vict. c. 85, 8. 27. actments 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 direct. (2.) The court (o) 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 Act (p) relating to dangerous goods (q), 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 court may, in their discretion, require such notice as they may direct to be given to the owner or shipper of the goods before they are forfeited. Saving for 450. The provisions of this Part of this Act relating to other en- the carriage of dangerous goods (p) shall be deemed to be relating in addition to and not in substitution for, or in restraint to danger of, any other enactment for the like object, so nevertheless 36 & 37 that nothing in the said provisions shall be deemed to Viet. c. 58, authorize any person to be sued or prosecuted twice in the ous goods. s. 28. 39 & 40 8. 24. same matter. Loading of Timber. Loading of 451.-(1.) If a ship (0), British (r) or foreign, arrives timber. between the last day of October and the sixteenth day of Vict. c. 80, April in any year at any port (0) in the United Kingdom from any port (0) out of the United Kingdom, carrying as deck cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents forming the ship's registered tonnage (s), any wood goods as herein-after defined (t), the master (0) of that ship, and also the owner (u), if he is privy to the offence, shall be liable to a fine not exceeding five pounds. for every hundred cubic feet of wood goods carried in contravention of this section (). (0) Defined, § 742. (P) §§ 446-449. (4) This would be the case, if he was ignorant of the way his agents were sending the goods. (r) Note to § 1. (8) Schedule II. Rule I. s. 5. (u) § 58, note. (r) Procedure, up to finc of £100, (2.) Provided that a master (y) or owner (2) shall not be liable to any fine under this section— (a.) in respect of any wood goods which the master has considered it necessary to place or keep on deck during the voyage on account of the springing of any leak, or of any other damage to the ship received or apprehended; or (b.) if he proves that the ship sailed from the port (y) at which the wood goods were loaded as deck cargo at such time before the last day of October as allowed a sufficient interval according to the ordinary duration of the voyage for the ship to arrive before that day at the said port (y) in the United Kingdom, but was prevented from so arriving by stress of weather or circumstances beyond his control; or (c.) if he proves that the ship sailed from the port (y) at which the wood goods were loaded as deck cargo at such time before the sixteenth day of April as allowed a reasonable interval according to the ordinary duration of the voyage for the ship to arrive after that day at the said port (y) in the United Kingdom, and by reason of an exceptionally favourable voyage arrived before that day. (3.) For the purposes of this section, the expression "wood goods" means (a.) any square, round, waney, or other timber, or any pitch pine, mahogany, oak, teak, or other heavy wood goods whatever; or (b.) any more than five spare spars or store spars, whether or not made, dressed, and finally prepared for use; or (c.) any deals, battens, or other light wood goods of any description to a height exceeding three feet above the deck. (4.) Nothing in this section shall affect any ship (y) not bound to a port (y) in the United Kingdom which comes §§ 680-684; beyond that by action or indictment; fine how applicable, §§ 699, 716. (y) Defined, § 742. |