MERCHANT SHIPPING ACT 1894 - SECT 458 Forfeiture of dangerous goods improperly sent or carried.

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MERCHANT SHIPPING ACT 1894 - SECT 458

Forfeiture of dangerous goods improperly sent or carried.

458.(1) In every contract of service, express or implied, between the owner of
a ship and the master or any seaman thereof, ..., there shall be implied,
notwithstanding any agreement to the contrary, an obligation on the owner of
the ship, that the owner of the ship, and the master, and every agent charged
with the loading of the ship, or the preparing of the ship for sea, or the
sending of the ship to sea, shall use all reasonable means to insure the
seaworthiness of the ship for the voyage at the time 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 reason of the ship
being sent to sea in an unseaworthy state where, owing to special
circumstances, the sending of the ship to sea in such a state was reasonable
and justifiable; or

(b)shall 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.

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Northern Irish Legislation

MERCHANT SHIPPING ACT 1894 - SECT 458