the voyage for the ship to arrive before that day at the (c.) if he proves that the ship sailed from the port at which (5.) For the purposes of this section (a.) the expression "heavy wood goods" means (i.) any square, round, waney, or other timber, or any pitch pine, mahogany, oak, teak, or other heavy wood goods whatever; or (ii.) any more than five spare spars or store spars, (b.) the expression "light wood goods" means any deals, (c.) the expression "deck cargo means any cargo carried (d.) the space in which wood goods are carried shall be (6.) 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 purpose other than the delivery of her cargo. (7.) This section shall come into operation on the passing of this Act. For notes on this section, see post, p. 474. Carriage of Grain. 452 (a).—(1.) Where a grain cargo is laden on board any British ship all necessary and reasonable precautions (whether mentioned in this Part of this Act or not) shall be taken in order to prevent the grain cargo from shifting. Pt. V. 452. Obligation to take precauvent grain tions to pre cargo from (2.) If those precautions have not been taken in the case of shifting. any British ship, the master of the ship and any agent of the [43 & 44 Vict. owner who was charged with the loading of the ship or the c. 43, s. 3.] Pt. V. 453-454. sending of her to sea, shall each be liable to a fine (b) not exceeding three hundred pounds, and the owner of the ship shall also be liable to the same fine, 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 shifting of grain cargo laden in port in Mediterranean or (a) As to the application of this section to certain foreign ships, see M. S. A. 1906, ss. 3, 6. (b) An offence to which this sub-section applies may be prosecuted summarily; but in that case the fine is not to exceed one hundred pounds. See M. S. A. 1906, s. 11; cf. ss. 680 et seq. for summary procedure. 453 (a).-(1.) Where a British ship laden with a grain cargo at any port in the Mediterranean or Black Sea is bound to ports outside the Straits of Gibraltar, or where a British ship is laden with a grain cargo on the coast of North America, the precautions to prevent the grain cargo from shifting, set out in the Black Sea or Eighteenth 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 (b), or is constructed and loaded in accordance with any plan approved by the Board of Trade. on coast of Notice by (2.) If this section is not complied with in the case of any ship, reasonable precautions to prevent the grain cargo of that ship from shifting shall be deemed not to have been taken, and the owner and master of the 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 (c). (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 cargo from shifting. (a) As to the application of this section to certain foreign ships, see M. S. A. 1906, ss. 3, 6. (b) The official notices of the Board of Trade containing such regulations may be obtained of the King's printer. As to the saving of such regulations, see s. 745. As to the construction of the regulations of Aug. 1881, and the precautions now scheduled, see The Rothbury (1888), 57 L. J. P. 99; 13 P. D. 119. (e) I.e., to the fine mentioned in s. 452 (2). 454 (a).—(1.) Before a British ship laden with grain cargo master of at any port in the Mediterranean or Black Sea and bound to kind and ports outside the Straits of Gibraltar, or laden with grain cargo quantity of grain cargo. on the coast of North America, leaves her final port of loading, [43 & 44 Vict. or within forty-eight hours after leaving that port, the master c. 43, ss. 6, 7.] shall deliver or cause to be delivered to the British consular officer, or, if the port is in a British possession, to the chief officer of customs, at that port, a notice stating— (a.) the draught of water and clear side, as defined by this Part of this Act (b) of the said ship after the loading of her cargo has been completed at the said final port of loading; and (b.) the following particulars in respect to the grain cargo; namely, (i.) the kind of grain and the quantity thereof, which quantity may be stated in cubic feet, or in quarters, or bushels, or in tons weight; and (ii) the mode in which the grain cargo is stowed; and (iii.) the precautions taken against shifting. (2.) The master shall also deliver a similar notice to the proper officer of customs in the United Kingdom, together Pt. V. 455-456. with the report required to be made by the Customs Consolida- 39 & 40 Vict. tion Act, 1876, on the arrival of the ship in the United c. 36. 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 fails to deliver any notice required by this section, 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 laden at any particular port or any class of those ships from this section. (a) As to the application of this section to certain foreign ships, see M. S. A. 1906, ss. 3 (4), 6. (b) See s. 436 as to draught of water and clear side. Trade for 455 (a). For securing the observance of the provisions of this Power of Part of this Act with respect to grain cargo, any officer having Board of authority in that behalf from the Board of Trade, either general enforcing or special, shall have power to inspect any grain cargo, and the mode in which the same is stowed, and for that purpose shall to carriage have all the powers of a Board of Trade inspector under this Act (b). (a) As to the application of this section to certain foreign ships, see M. S. A. 1906, ss. 3 (4), 6. (b) See ss. 729, 730, powers of inspector. provision as of grain. [43 & 44 Vict. c. 43, s. 8.] of grain, &c. 456 (a). For the purpose of the provisions of this Part of Definition this Act with respect to grain cargoThe expression "grain means any corn, rice, paddy, pulse, [43 & 44 Vict. seeds, nuts, or nut kernels. The expression "ship laden with a grain cargo means a ship 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 T. S c. 43, s. 10.] Pt. V. 457-458. in measures of weight, at the rate of two tons weight for each Sending unseaworthy ship to sea a ton of registered tonnage. (a) As to the application of this section to certain foreign ships, see M. S. A. 1906, ss. 3, 6. Unseaworthy Ships. 457.—(1.) If any person sends or attempts to send, or is party to sending or attempting to send (a), a British ship to sea misdemeanor. in such an unseaworthy (b) state that the life of any person is [33 & 40 Vict. likely to be thereby endangered, he shall in respect of each c. 80, ss. 4, 41, offence be guilty of a misdemeanor, unless he proves either that 44.] he used all reasonable means to insure her being sent to sea in 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 (c) in the same manner as any other witness. Obligation of shipowner (2.) If the master of a British ship knowingly takes the same to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered, he shall in respect of each offence be guilty of a misdemeanor, 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 such proof he may give evidence (c) in the same manner as any other witness. (3.) A prosecution under this section shall not, except in Scotland, be instituted otherwise than by, or with the consent of, the Board of Trade, or of the governor of the British possession in which the prosecution takes place. (4.) A misdemeanor under this section shall not be punishable upon summary conviction (d). (5.) This section shall not apply to any ship 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. (a) Sub-s. (1). Under the similar enactment of 34 & 35 Vict. c. 110, s. 11, it was held that the offence was the 66 sending," and not the "knowingly sending," a ship to sea in an unseaworthy state, and that the indictment need not aver that the accused knew the ship to be in an unseaworthy state, nor contain averments negativing the use of reasonable means to make and keep the ship seaworthy. R. v. Freeman (1875), 9 Ir. R. C. L. 527. (b) Cf. note to s. 458,"seaworthy." (e) Cf. Criminal Evidence Act, 1898, which now allows defendants in criminal cases generally to give evidence. See ibid. s. 6, sub-s. (1). (d) See s. 680 et seq. as to summary procedure. 458.-(1.) In every contract of service, express or implied, between the owner of a ship and the master or any seaman respect to use thereof, and in every instrument of apprenticeship whereby any to crew with Pt. V. 459. of reasonable person is bound to serve as an apprentice on board any ship, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship, that the owner efforts to of the ship, and the master, and every agent charged with the secure sealoading of the ship, or the preparing of the ship for sea, or the worthiness. sending of the ship to sea, shall use all reasonable means to [39 & 40 Vict. insure the seaworthiness of the ship for the voyage at the time 44.] when the voyage commences, and to keep her in a seaworthy condition for the voyage during the voyage. (2.) Nothing in this section (a.) shall subject the owner of a ship to any liability by (b.) shall apply to any ship employed exclusively in trading or going from place to place in any river or inland At common law there is no implied warranty of seaworthiness by the owner; and in the absence of any knowledge or personal blame on the owner's part, the seaman has no right of action apart from statute. See Couch v. Steel (1853), supra (s. 200). Neglect to stow a grain cargo so as to prevent it from shifting constitutes a breach of the obligation created by this section. Cunningham v. Frontier S.S. Co., [1906] 2 Ir. K. B. 12. 66 Seaworthy in this section means that the ship should be in a fit state, as to repairs, equipment and crew, and in all other respects, to encounter the ordinary perils of the voyage, and the negligence of the captain in not using with proper care the means of safety provided does not make the ship unseaworthy within the section. Hedley v. Pinkney and Sons S.S. Co., 63 L. J. Q. B. 419; [1894] A. C. 222; affirming 61 L. J. Q. B. 179; [1892] 1 Q. B. 58; Leonard v. The Leyland Co. (1902), 18 T. L. R. 727; The Diamond, 75 L. J. P. 90; [1906] P. 282. And as the captain is a fellow-servant with a seaman, the owners are not liable for injury to the latter arising from such negligence. Hedley v. Pinkney, supra. Quare, whether a defect in equipment affecting the safety of individuals on board from perils of the sea, but not the safety of the ship herself, would amount to unseaworthiness. Ibid. The shipowner is not responsible for latent defects or for patent defects which ought to have been remedied by the master or other fellow-servant to whom the shipowner is entitled to leave the repair of such minor defects. Gillies v. Cairns (1905), 8 Ct. of Sess. Cas. (5th Ser.) 174; 43 Sc. L. R. 218. As to the meaning of "seaworthy," see also the Marine Insurance Act, 1906, 8. 39. Biccard v. Shepherd (1861), 14 Moo. P. C. C. 471. As to presumption of unseaworthiness where ship is lost without sufficient known cause, see Ajum Goolam Hossen & Co. v. Union Marine Insurance Co., Ltd., 70 L. J. P. C. 34 ; [1901] A. C. 362. c. 80, ss. 5, 459.-(1.) Where a British ship (a), being in any port in Power to the United Kingdom, is an unsafe ship, that is to say, is by detain unsafe ships, and reason of the defective condition of her hull, equipments, or procedure for machinery, or by reason of undermanning (b), or by reason of detention. overloading or improper loading, unfit to proceed to sea without [39 & 40 Vict. serious danger to human life (c), having regard to the nature of c. 80, ss. 6, 12, 39.] the service for which she is intended, such ship may be pro |