nature on the outside of the package containing the same, and giving written notice of the nature of such goods 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, he shall for every such offence incur a penalty not exceeding one hundred pounds: Provided that if such person shew 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, the penalty which he incurs shall not exceed ten pounds.

24. If any person knowingly sends or attempts to send by, or carries or attempts to carry in any vessel, British or foreign, any dangerous goods, or goods of a dangerous nature, under a false description, or falsely describes the sender or carrier thereof, he shall incur a penalty not exceeding £500.

25. 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 goods of a dangerous nature, and may require it to be opened to ascertain the

fact.

26. Where any dangerous goods as defined in this Act, or any goods which in the judgment of the master or owner of the vessel are of a dangerous nature, have been sent or brought aboard any vessel, British or foreign, without being marked as aforesaid, or without such notice being given as aforesaid, the master or owner of the vessel may cause such 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, in respect of such throwing overboard, be subject to any liability, civil or criminal, in any Court.

27. 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 any such notice having been given as aforesaid, and where any such goods having 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 any court having Admiralty jurisdiction to declare such goods, 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 directs.

The Court shall have and may exercise the aforesaid powers of forfeiture and disposal, notwithstanding that the owners of the goods have not committed any offence under the provisions of this Act relating to dangerous goods, and be not before the court, and have not notice of the proceedings, and notwithstanding that there be no evidence to shew to whom the goods belong; nevertheless the Court may, in its discretion, require such notice as it may direct to be given to the owner or shipper of the goods before the same are forfeited.

See also sect. 28. 17 & 18 Vict. c. 104, s. 329, and 25 & 26 Vict. c. 63, s. 38, the previous statutes on the subject, are repealed by 36 & 37 Vict. c. 85, s. 33.

See also 38 & 39 Vict. c. 17, ss. 33, 34, 36, 39, 43; the provisions of which are too lengthy and special to justify their insertion here.

39 & 40 Vict. c. 80, s. 36 (M. S. Bill, § 58).-Managing Owner (t).

36. The name and address of the managing owner for the time being of every British ship, registered at any port or place in the United Kingdom, shall be registered at the custom-house of the ship's port of registry.

Where there is not a managing owner, there shall be so registered the name of the ship's husband or other person to whom the management of the ship is entrusted by or on behalf of the owner; and any person whose name is so registered shall, for the purposes of the Merchant Shipping Acts, 1854 to 1876, be under the same obligations and subject to the same liabilities as if he were the managing owner. If default is made in complying with this section the owner shall be liable; or if there be more owners than one, each owner shall be liable in proportion to his interest in the ship, to a penalty not exceeding in the whole £100 each time the ship leaves any port in the United Kingdom.

52 & 53 Vict. c. 45, s. 10 (Factors' Act, 1889) (u).

Where a document of title to goods has been lawfully transferred to any person as a buyer or owner of the goods, and that person transfers the document to a person who takes the same in good faith and for valuable consideration, the last-mentioned transfer shall have the same effect for defeating any vendor's lien or right of stoppage in transitu as the transfer of a bill of lading has for defeating the right of stoppage in transitu.

(t) Article 16A, ante.

(u) See Article 67, note, ante.

APPENDIX IV.

General Average.

YORK-ANTWERP RULES, 1890.

Jettison of Deck Cargo.

I. No jettison of deck cargo shall be made good as general average. Every structure not built in with the frame of the vessel shall be considered to be a part of the deck of the vessel.

Damage by Jettison and Sacrifice for the Common Safety.

II. Damage done to a ship and cargo, or either of them, by or in consequence of a sacrifice made for the common safety, and by water which goes down a ship's hatches opened or other opening made for the purpose of making a jettison for the common safety, shall be made good as general average.

Extinguishing Fire on Shipboard.

III. Damage done to a ship and cargo, or either of them, by water or otherwise, including damage by beaching or scuttling a burning ship, in extinguishing a fire on board the ship, shall be made good as general average; except that no compensation shall be made for damage to such portions of the ship and bulk cargo, or to such separate packages of cargo, as have been on fire.

Cutting away Wreck.

IV. Loss or damage caused by cutting away the wreck or remains of spars, or of other things which have previously been carried away by seaperil, shall not be made good as general average.

Voluntary Stranding.

V. When a ship is intentionally run on shore, and the circumstances are such that if that course were not adopted she would inevitably sink, or drive on shore or on rocks, no loss or damage caused to the ship, cargo, and freight, or any of them by such intentional running on shore shall be made good as general average. But in all other cases where a ship is intentionally run on shore for the common safety, the consequent loss or damage shall be allowed as general average.

Carrying Press of Sail.-Damage to or Loss of Sails.

VI. Damage to or loss of sails and spars, or either of them, caused by forcing a ship off the ground, or by driving her higher up the ground, for the common safety, shall be made good as general average; but where a ship is afloat, no loss or damage caused to the ship, cargo, and freight, or any of them, by carrying a press of sail, shall be made good as general average.

Damage to Engines in Refloating a Ship.

VII. Damage caused to machinery and boilers of a ship, which is ashore and in a position of peril, in endeavouring to refloat, shall be allowed in general average when shewn to have arisen from an actual intention to float the ship for the common safety at the risk of such damage.

Expenses Lightening a Ship when Ashore, and Consequent Damage.

VIII. When a ship is ashore and, in order to float her, cargo, bunker coals, and ship's stores, or any of them are discharged, the extra cost of lightening, lighter hire, and reshipping (if incurred), and the loss or damage sustained thereby, shall be admitted as general average.

Cargo, Ship's Materials, and Stores burnt for Fuel.

IX. Cargo, ship's materials, and stores, or any of them, necessarily burnt for fuel for the common safety at a time of peril, shall be admitted as general average, when and only when an ample supply of fuel had been provided; but the estimated quantity of coals that would have been consumed, calculated at the price current at the ship's last port of departure at the date of her leaving, shall be charged to the shipowner and credited to the general average.

Expenses at Port of Refuge, &c.

X. (a).-When a ship shall have entered a port or place of refuge, or shall have returned to her port or place of loading, in consequence of accident, sacrifice, or other extraordinary circumstances, which render that necessary for the common safety, the expenses of entering such port or place shall be admitted as general average; and when she shall have sailed thence with her original cargo, or part of it, the corresponding expenses of leaving such port or place, consequent upon such entry or return, shall likewise be admitted as general average.

(b). The cost of discharging cargo from a ship, whether at a port or place of loading, call, or refuge, shall be admitted as general average, when the discharge was necessary for the common safety or to enable damage to the ship, caused by sacrifice or accident during the voyage, to be repaired, if the repairs were necessary for the safe prosecution of the voyage.

(c). Whenever the cost of discharging cargo from a ship is admissible as general average, the cost of reloading and stowing such cargo on board the said ship, together with all storage charges on such cargo, shall likewise be so admitted. But when the ship is condemned, or does not proceed on her original voyage, no storage expenses incurred after the date of the ship's condemnation, or of the abandonment of the voyage shall be admitted as general average.

(d).-If a ship under average be in a port or place at which it is

practicable to repair her, so as to enable her to carry on the whole cargo, and if, in order to save expenses, either she is towed thence to some other port or place of repair, or to her destination, or the cargo or a portion of it is transhipped by another ship, or otherwise forwarded, then the extra cost of such towage, transhipment, and forwarding, or any of them (up to the amount of the extra expense saved) shall be payable by the several parties to the adventure in proportion to the extraordinary expense saved.

Wages and Maintenance of Crew in Port of Refuge, &c.

XI. When a ship shall have entered or been detained in any port or place under the circumstances, or for the purposes of the repairs, mentioned in Rule X., the wages payable to the master, officers, and crew, together with the cost of maintenance of the same, during the extra period of detention in such port or place until the ship shall or should have been made rea ly to proceed upon her voyage, shall be admitted as general average. But when the ship is condemned or does not proceed on her original voyage, the wages and maintenance of the master, officers, and crew, incurred after the date of the ship's condemnation or of the abandonment of the voyage, shall not be admitted as general average.

Damage to Cargo in Discharging, &c.

XII. Damage done to or loss of cargo necessarily caused in the act of discharging, storing, reloading, and stowing, shall be made good as general average, when and only when the cost of those measures respectively is admitted as general average.

Deductions from Costs of Repairs.

XIII. In adjusting claims for general average, repairs to be allowed in general average shall be subject to the following deductions in respect of 66 new for old," viz.

In the case of iron or steel ships, from date of original register to the dare of accident,

Up to 1 year old (A.)

Between

1 and 3 years (B.)

Between

3 and 6 years (C.)

Between

6 and 10 years (D.)

All repairs to be allowed in full, except painting or coating of bottom, from which one-third is to be deducted.

One-third to be deducted off repairs to and renewal of woodwork of hull, masts, and spars, furniture, upholstery, crockery, metal, and glassware, also sails, rigging, ropes, sheets, and hawsers (other than wire and chain), awnings, covers, and painting.

One-sixth to be deducted off wire rigging, wire ropes and wire hawsers, chain cables and chains, donkey engines, steam winches and connexions, steam cranes and connexions; other repairs in full.

Deductions as above under Clause B, except that oneixth be deducted off ironwork of masts and spars, and (machinery (inclusive of boilers and their mountings).

Deductions as above under Clause C, except that one-third be deducted off ironwork of masts and spars, repairs to and renewal of all machinery (inclusive of boilers and their mountings), and all hawsers, ropes, sheets, and rigging.