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MERCHANT SHIPPING ACT 1894 - SECT 449

Penalty for misdescription of dangerous goods.

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, 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.


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© 1894 Crown Copyright

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