Obligation to take precau. into any port of the United Kingdom under stress of weather, or for repairs, or for any other purpose than the delivery of her cargo. Carriage of Grain (a). 452.-(1.) Where a grain (a) cargo is laden on board any British (b) ship (c) all necessary and reasonable precautions (whether mentioned in this Part of this Act or not) shall be taken in order to prevent the grain (a) cargo from cargo from shifting. shifting. 43 & 44 tions to prevent grain 8. 3. (2.) If those precautions have not been taken in the case Vict. c. 43, of any British (b) ship (c), the master (c) of the ship and any agent of the owner who was charged with the loading of the ship or the sending of her to sea, shall each be liable to a fine not exceeding three hundred pounds (d), and the owner (e) of the ship shall also be liable to the same fine (d), unless he shows that he took all reasonable means to enforce the observance of this section, and was not privy to the breach thereof. Precautions against cargo 453.-(1.) Where a British (b) ship (c) laden with a grain cargo (a) at any port (e) in the Mediterranean or Black Sea shifting of is bound to ports (c) outside the Straits of Gibraltar, or grain where a British (b) ship (c) is laden with a grain cargo (a) laden in on the coast of North America, the precautions to prevent port in Mediter- the grain (a) cargo from shifting, set out in the Eighteenth ranean or Schedule to this Act, shall be adopted, unless the ship is loaded in accordance with regulations for the time being approved by the Board of Trade, or is constructed and America. loaded in accordance with any plan approved by the Board of Trade. Black Sea or on coast of North 43 & 44 Vict. c. 43, ss. 4, 5. (2.) If this section is not complied with in the case of any ship (c), reasonable precautions to prevent the grain cargo of that ship from shifting (ƒ) shall be deemed not to have been taken, and the owner (e) and master (c) of the (a) Defined, § 456. (b) Note to § 1. (c) Defined, § 742. (d) Procedure up to fine of £100, §§ 680-684; beyond that by action or indictment; fine how applicable, §§ 699, 716. (e) § 58, note. (ƒ) § 452. ship and any agent charged with loading her or sending her to sea shall be liable accordingly to a fine under this Part of this Act (g). (3.) Nothing in this section shall exempt a person from any liability, civil or criminal, to which he would otherwise be subject for failing to adopt any reasonable precautions which, although not mentioned in this section, are reasonably required to prevent grain (h) cargo from shifting (g). kind and cargo. 43 & 44 454.-(1.) Before a British (i) ship laden with grain Notice by cargo (h) at any port (k) in the Mediterranean or Black Sea master of and bound to ports (k) outside the Straits of Gibraltar, or quantity of grain laden with grain cargo (h) on the coast of North America, leaves her final port (k) of loading, or within forty-eight hours after leaving that port (k), the master (k) shall deliver or cause to be delivered to the British consular officer (1), or, if the port (k) is in a British possession (m), to the chief officer of customs (k), at that port (k), a notice stating (a.) the draught of water (n) and clear side (o), as defined by this Part of this Act, of the said ship after the loading of her cargo has been completed at the said final port (k) of loading; and (b.) the following particulars in respect to the grain (i.) the kind of grain (h) and the quantity thereof, (iii.) the precautions taken against shifting. (2.) The master (k) shall also deliver a similar notice to the proper officer of customs in the United Kingdom, together with the report required to be made by the (g) § 452. (h) Defined, § 456. (i) Note to § 1. (k) Defined, § 742. (1) Int. Act, 1889, § 12, s. 20. (0) § 436, s. 5. Vict. c. 43, ss. 6, 7. Power of Trade for Customs Consolidation Act, 1876 (p), on the arrival of the ship in the United Kingdom. (3.) Every such notice shall be sent to the Board of Trade, as soon as practicable, by the officer receiving the same. (4.) If the master (q) fails (r) to deliver any notice. required by this section (s), or if in any such notice he wilfully makes a false statement or wilfully omits a material particular, he shall for each offence be liable to a fine not exceeding one hundred pounds (†). (5). The Board of Trade may, by notice published in the London Gazette, or in such other way as the Board think expedient, exempt ships (9) laden at any particular port (q) or any class of those ships from this section. 455. For securing the observance of the provisions of Board of this Part of this Act with respect to grain cargo, any enforcing officer having authority in that behalf from the Board of provisions Trade, either general or special, shall have power to riage of inspect any grain (u) cargo, and the mode in which the same is stowed, and for that purpose shall have all the Vict. c. 43, powers of a Board of Trade inspector under this Act (...). as to car grain. 43 & 44 s. 8. Definition 456. For the purpose of the provisions of this Part of of grain, this Act with respect to grain cargo― &c. 43 & 44 Vict. c. 43, s. 10. The expression "grain" means any corn, rice, paddy, pulse, seeds, nuts, or nut kernels. The expression "ship laden with a grain cargo" means a ship (q) carrying a cargo of which the portion consisting of grain is more than one-third of the registered tonnage of the ship, and that third shall be computed, where the grain is reckoned in measures of capacity, at the rate of one hundred cubic feet for each ton of registered tonnage, and where the grain is reckoned in measures of weight, at the rate of two tons weight for each ton of registered tonnage. (p) 39 & 40 Vict. c. 36, § 50. (r) Includes refusal; § 742. (t) How recoverable, $$ 680-684; fine how applicable, §§ 699, 716. (u) Defined, § 456. (r) §§ 728-730. Unseaworthy (y) Ships. unseawor thy ship to demeanor. 457.-(1.) If any person (a) sends (b) or attempts to send, Sending or is party to sending or attempting to send, a British (c) ship to sea in such an unseaworthy state (y) that the life of sea a misany person is likely to be thereby endangered, he shall in 39 & 40 respect of each offence be guilty of a misdemeanor (d), unless Vict. c. 80. 88. 4, 41, he proves either that he used all reasonable means to 44. insure her being sent to sea in such a seaworthy state, or that her going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving that proof he may give evidence in the same manner as any other witness. (2.) If the master (e) of a British (ƒ) ship (e) knowingly takes the same to sea in such an unseaworthy state (y) that the life of any person is likely to be thereby endangered, he shall in respect of each offence be guilty of a misdemeanor (d), unless he proves that her going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving (y) A ship to be seaworthy must be in a fit state as to repairs, equipment, and crew, and in all other respects to encounter the ordinary perils of the voyage she is entering on, or, where the voyage is made in stages, of that stage she is commencing. Dixon v. Sadler (1839), 5 M. & W. 405; per Parke, B.; Biccard v. Shepherd (1861), 14 Moore P. C. 471; and Thin v. Richards (1892), 2 Q. B. 141; also Scrutton on Charterparties, Art. 29. Seaworthiness in this Act is to have no other meaning in this Act from its meaning in other shipping law, and if the ship is safe, a defect in her condition which might imperil the safety of an individual would not be unseaworthiness. See Hedley v. Pinkney S. S. Co. (1894), A. C. 222, where a vessel was held not unseaworthy because certain railings which made it safer for the crew to work her, were not fitted; otherwise it would have seemed that as seaworthiness includes a warranty that the ship is fit to carry her cargo, it would also cover a warranty that the ship is fit to carry her crew. The fact that the (a) Includes corporations; Int. Act, (b) Knowledge of the unseaworthiness need not here be proved; it must under sub-s. 2. The section does not appear to apply to failure to remedy unseaworthiness at sea; compare with § 458, s. 1. (c) See note to § 1: § 457, s. 5, (d) This cannot be prosecuted (f) Notes to § 1; as to foreign Obligation of shipowner to crew spect to use of reasonable efforts to secure seaworthi such proof he may give evidence in the same manner as any other witness. (3.) A prosecution under this section shall not, except in Scotland (i), be instituted otherwise than by, or with the consent of, the Board of Trade, or of the governor (1) of the British possession (1) in which the prosecution takes place. (4.) A misdemeanor under this section shall not be punishable upon summary conviction (m). (5.) This section shall not apply to any ship (n) employed exclusively in trading or going from place to place in any river or inland water of which the whole or part is in any British possession (1). 458. (1.) In every contract of service, express or implied, between the owner (0) of a ship (n) and the master (») or any seaman () thereof, and in every instrument of with re- apprenticeship whereby any person is bound to serve as an apprentice on board any ship (p), there shall be implied, notwithstanding any agreement to the contrary (q), an obligation (r) on the owner (o) of the ship, that the owner (o) of the ship, and the master (n), and every agent charged with the loading of the ship, or the preparing of Vict. c. 80, the ship for sea, or the sending of the ship to sea, shall use all reasonable means to insure the seaworthiness (s) of the ship for the voyage at the time when the voyage commences, and to keep her in a seaworthy (s) condition for the voyage during the voyage (†). ness. 39 & 40 ss. 5, 44. (2.) Nothing in this section (a.) shall subject the owner (o) of a ship (n) to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, |