Pt. V. 444-445. Provision as to colonial ships with respect to load-lines. c. 9, s. 3.] (d.) requiring the entry of those certificates, and other particulars as to the draught of water and freeboard of the ship, in the official log-book (c) of the ship, or other publication thereof on board the ship, and requiring the delivery of copies of those entries. (3.) All such regulations shall, while in force, have effect as if enacted in this Act, and if any person fails without reasonable cause to comply with any such regulation made with respect to the entry, publication, or delivery of copies of certificates or other particulars as to the draught of water and freeboard of a ship, he shall for each offence be liable to a fine not exceeding one hundred pounds. (4.) Where in pursuance of the regulations any such certificate is required to be delivered, a statement in 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 herein before contained (d). (a) As to the application of this section to certain foreign ships after January 1, 1909, see M. S. A. 1906, ss. 1, 5, 6. (b) Such regulations may include provision for the alteration of marks on ships abroad. See M. S. A. 1906, s. 8 (4). The regulations now in force under 53 & 54 Vict. c. 9, s. 2, are those of 24th Oct. 1892, for which see Appendix, p. 710. As to the saving of regulations, see s. 745. (c) See ss. 239, 240. (d) See ss. 440, 441; nor in such case do the provisions of M. S. A. 1906, s. 8, as to master's statement, take effect: ibid. sub-s. (3). 444. Where the legislature of any British possession by any enactment provides for the fixing, marking, and certifying of load-lines on ships registered in that possession, and it appears to Her Majesty the Queen that that enactment is based on the [53 & 54 Vict. same principles as the 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 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. Provision as to foreign ships with respect to load-lines. Under 53 & 54 Vict. c. 9, s. 3, this power was exercised as to the Straits Settlements by an Order of 15th Mar. 1893 (Lond. Gaz., 17th Mar. 1893). As to the saving of Orders in Council, see s. 745. Under the present Act it has been exercised, as to India, by an Order of 28th Nov. 1899; South Australia, by an Order of 15th May, 1900; Victoria, by an Order of 7th Mar. 1899. See Appendix, p. 719. 445.—(1.) Where the Board of Trade certify that the laws and regulations for the time being in force in any foreign country and relating to overloading and improper loading are equally effective with the provisions of this Act relating thereto, Pt. V. Her Majesty in Council may direct that on proof of a ship of 446—447. that country having complied with those laws and regulations, [53 & 54 Vict. she shall not, when in a port of the United Kingdom, be liable c. 9, s. 4.] to detention for non-compliance with the said provisions of this Act, nor shall there arise any liability to any fine or penalty which would otherwise arise for non-compliance with those provisions. (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. This power has not yet (June, 1907) been exercised. As to application of load-line provisions by Order in Council to foreign ships after January 1, 1909, see M. S. A. 1906, ss. 1, 5, 6. Dangerous Goods. dangerous 446.-(1.) A person shall not send or attempt to send by Restrictions any vessel, British or foreign, and a person not being the master on carriage of or owner of the vessel, shall not carry or attempt to carry in goods. any such vessel, any dangerous goods, without distinctly mark- [36 & 37 Vict. ing their nature on the outside of the package containing the c. 85, 8. 23; same, and giving written notice of the nature of those goods c. 17, s. 42.] and of the name and address of the sender or carrier thereof to the master or owner of the vessel at or before the time of sending the same to be shipped or taking the same on board the vessel. (2.) If any person fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding one hundred pounds; 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, then not exceeding ten pounds. 38 & 39 Vict. (3.) For the purpose of this Part of this Act the expression dangerous goods" means aquafortis, vitriol, naphtha, benzine, gunpowder, lucifer matches, nitro-glycerine, petroleum (a), any explosives (b) within the meaning of the Explosives Act, 1875, 38 & 39 Vict. and any other goods which are of a dangerous nature. (a) Quære, "petroleum" here means petroleum as defined by the Petroleum Act, 1871. See reasoning of Wills, J., for holding that the word "seaman should be given the same meaning in the Employers' and Workmen's Act, 1875, as it had in the M. S. A. 1854. Corbett v. Pearce, [1904] 2 K. B. at p. 427. (b) For meaning of "explosives," see note to s. 301. c. 17. of dangerous goods. 447. A person shall not knowingly send or attempt to send Penalty for by, or carry or attempt to carry in, any vessel, British or foreign, misdescription any dangerous goods under a false description, and shall not falsely describe the sender or carrier thereof, and if he acts in contravention of this section he shall for each offence be liable č. 85, s. 24.] to a fine not exceeding five hundred pounds. [36 & 37 Vict. 448.-(1.) 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 any dangerous goods, and may require it to be opened to ascertain the fact. (2.) Where any dangerous goods, or any goods, which, in the judgment of the master or owner of the vessel, are dangerous goods, 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 those 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 be subject to any liability, civil or criminal, in any court for so throwing the goods overboard. 449.-(1.) 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, or under a false description, or with a false description of the sender or carrier thereof, any court having Admiralty jurisdiction may declare those goods, and any package or receptacle in which they are contained, to be, and they shall thereupon be, forfeited (a), and when forfeited shall be disposed of as the court direct. (2.) 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 Act 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 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. (a) Cf. s. 70, note (c), as to forfeiture. 450. The provisions of this Part of this Act 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 any person to be sued or prosecuted twice in the same matter. See the Explosives Act, 1875, ss. 33 et seq.; 1883, s. 8, &c. Loading of Timber. 451.—(1.) If a ship, British or foreign, arrives between the last day of October and the sixteenth day of April in any year at any port in the United Kingdom from any port 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, any wood goods as hereinafter defined, the master of that ship, and also the owner, 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. (2.) Provided that a master or owner shall not be liable to any fine under this section (a.) in respect of any wood goods which the master has considered (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; ΟΙ (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 not bound to a port in the United Kingdom which comes 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. Sect. 451 was repealed by the M. S. A. 1906, s. 85, Sched. II., and the provisions of the repealed section are now dealt with by the following s. 10 of the M. S. A. 1906. 10.-(1.) If a ship, British or foreign, arrives between the last day of October and the sixteenth day of April in any year at any port in the United Kingdom from any port out of the United Kingdom, carrying any heavy or light wood goods as Pt. V. 451. Pt. V. 451. deck cargo (except under the conditions allowed by this section), (2.) The conditions under which heavy wood goods may be (a.) that they must only be carried in covered spaces; and (c.) that they must be loaded in accordance with regulations (3.) The conditions under which light wood goods may be (a.) each unit of the goods must be of a cubic capacity not (b.) the height above the deck to which the goods are carried (i.) in the case of an uncovered space on a deck (ii.) in the case of an uncovered space, not being (c.) regulations may be made by the Board of Trade for (4.) A master or owner shall not be liable to any fine under this section (a.) in respect of any wood goods which the master has con sidered it necessary to place or keep on deck during (b.) if he proves that the ship sailed from the port at which |