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Loading of timber.
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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 deck cargo (except under the conditions allowed by this section), the master of the 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 and fifty cubic feet of space in which wood goods are carried in contravention of this section.
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(2) The conditions under which heavy wood goods may be carried as deck cargo are as follows:—
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(a) that they must only be carried in covered spaces; and
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(b) that they must be carried only in such class of ships as may be approved by the Board of Trade for the purpose; and
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(c) that they must be loaded in accordance with regulations made by the Board of Trade with respect to the loading thereof.
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(3) The conditions under which light wood goods may be carried as deck cargo are as follows:—
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(a) Each unit of the goods must be of a cubic capacity not greater than fifteen cubic feet; and
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(b) The height above the deck to which the goods are carried must not exceed—
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(i) in the case of an uncovered space on a deck forming the top of a break, poop, or other permanent closed-in space on the upper deck, three feet above the top of that closed-in space; and
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(ii) in the case of an uncovered space, not being a space forming the top of any permanent closed-in space on the upper deck or a space forming the top of a covered space, the height of the main rail, bulwark, or plating, or one-fourth of the inside breadth of the ship, or seven feet, whichever height is the least; and
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(iii) in the case of a covered space the full height of that space.
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(c) Regulations may be made by the Board of Trade for the protection of seamen from any risk arising from the carriage of the goods in any uncovered space to the height allowed under this section, and those regulations must be complied with on the ship.
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(4) A master or owner shall not be liable to any fine under this section—
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(a) in respect of any wood goods which the master has considered it necessary to place or keep on deck during the voyage on account of the springing of any leak, or of any other damage to the ship received or apprehended; or
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(b) if he proves that the ship sailed from the port at which the wood goods were loaded as deck cargo at such time before the last day of October as allowed a sufficient interval according to the ordinary duration of the voyage for the ship to arrive before that day at the said port in the United Kingdom, but was prevented from so arriving by stress of weather or circumstances beyond his control; or
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(c) if he proves that the ship sailed from the port at which the wood goods were loaded as deck cargo at such time before the sixteenth day of April as allowed a reasonable interval according to the ordinary duration of the voyage for the ship to arrive after that day at the said port in the United Kingdom, and by reason of an exceptionally favourable voyage arrived before that day.
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(5) For the purposes of this section—
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(a) the expression “heavy wood goods” means—
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(i) any square, round, waney, or other timber, or any pitch pine, mahogany, oak, teak, or other heavy wood goods whatever; or
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(ii) any more than five spare spars or store spars, whether or not made, dressed, and finally prepared for use; and
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(b) the expression “light wood goods” means any deals, battens, or other light wood goods of any description; and
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(c) the expression “deck cargo” means any cargo carried either in any uncovered space upon deck or in any covered space not included in the cubical contents forming the ship's registered tonnage; and
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(d) the space in which wood goods are carried shall be deemed to be the space limited by the superficial area occupied by the goods, and by straight lines enclosing a rectangular space sufficient to include the goods.
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(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.
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(7) This section shall come into operation on the passing of this Act.
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