40
THE NEW ZEALAND GAZETTE.
3. From and after the first day of October, one
thousand eight hundred and seventy-five, no cargo of
which more than one-third consists of any kind of
grain, corn, rice, paddy, pulse, seeds, nuts, or nut
kernels, shall be carried on board any British ship,
unless such grain, corn, rice, paddy, pulse, seeds,
nuts, or nut kernels be contained in bags, sacks, or
barrels, or secured from shifting by boards, bulk-
heads, or otherwise. This section shall not apply to
any grain shipped previous to the first of October,
one thousand eight hundred and seventy-five.
The master of any British ship who shall knowingly
allow any cargo or part of a cargo to be shipped
therein for carriage contrary to the provisions of
this section shall for every such offence incur a
penalty not exceeding two hundred pounds.
4. Section eleven of "The Merchant Shipping Act,
1871," shall be repealed, and in lieu thereof it shall
be enacted,-

1. Every person who sends a ship to sea in such
   unseaworthy state that the life of any person
   would be likely to be thereby endangered, and
   the managing owner of any British ship so
   sent to sea from any port in the United King-
   dom, shall be guilty of a misdemeanour, unless
   he prove that he used all reasonable means to
   insure her being sent to sea in a seaworthy
   state, or prove that her going to sea in such
   unseaworthy state was, under the circum-
   stances, reasonable and justifiable; and, for
   the purpose of giving such proof, such person
   may give evidence in the same manner as any
   other witness:
2. Every person who attempts or is party to any
   attempt to send to sea any ship in such unsea-
   worthy state that the life of any person would
   be likely to be thereby endangered shall be
   guilty of a misdemeanour, unless he give such
   proof as aforesaid; and for the purpose of
   giving such proof such person may give evi-
   dence as aforesaid:
3. Every master of a British ship who knowingly
   takes the same to sea in such unseaworthy
   state that the life of any person would be
   likely to be thereby endangered shall be
   guity of a misdemeanour, unless he prove that
   her going to sea in such unseaworthy state
   was, under the circumstances, reasonable and
   justifiable; and for the purpose of giving such
   proof such person may give evidence as afore-
   said:
4. The owner of every British ship shall from
   time to time register at the Custom House of
   the port in the United Kingdom at which
   such ship is registered the name of the manag-
   ing owner of such ship, and if there be no
   managing owner, then of the person to whom
   the management of the ship is intrusted by
   and on behalf of the owner; and in case the
   owner fail or neglect to register the name of
   such managing owner or manager as aforesaid,
   he shall be liable, or if there be more owners
   than one, each owner shall be liable in pro-
   portion to his interest in the ship, to a penalty
   not exceeding in the whole five hundred
   pounds each time that the said ship leaves
   any port in the United Kingdom, after the
   first day of November, one thousand eight
   hundred and seventy-five, without the name
   being duly registered as aforesaid :
5. The term "managing owner" in subsection
   one shall include every person so registered as
   managing owner, or as having the management
   of the ship for and on behalf of the owner:
6. No prosecution under this section shall be
   instituted except by or with the consent of
   the Board of Trade:
7. No misdemeanour under this section shall be
   punishable upon summary conviction.
   Provided that the repeal enacted by this section
   shall not affect any punishment incurred or to be in-
   curred in respect of any offence against the enactment
   hereby repealed, or any legal proceeding in respect
   of any such punishment, and any such legal proceed-
   ing may be carried on as if this Act had not passed.
8. Every British ship registered on or after the
   first day of November, one thousand eight hundred
   and seventy-five, shall before registry, and every
   British ship registered before that day shall on or
   before that day be permanently and conspicuously
   marked with lines of not less than twelve inches in
   length and one inch in breadth, painted longitudi-
   nally on each side amidships, or as near thereto as
   is practicable, and indicating the position of each
   deck which is above water.
   The upper edge of each of these lines shall be level
   with the upper side of the deck plank next the water-
   way at the place of marking.
   The lines shall be white or yellow on a dark
   ground, or black on a light ground.
   Provided that-
   (1.) This section shall not apply to ships em-
   ployed in the coasting trade or in fishing, nor
   to pleasure yachts; and
   (2.) If a registered British ship is not within a
   British port of registry at any time before the
   first day of November, one thousand eight
   hundred and seventy-five, she shall be marked
   as by this section required within one month
   after her next return to a British port of
   registry subsequent to that date.
9. With respect to the marking of a load-line on
   British ship, the following provisions shall have
   effect:-
   (1.) From and after the first day of November,
   one thousand eight hundred and seventy-five,
   the owner of every British ship shall, before
   entering his ship outwards from any port in
   the United Kingdom upon any voyage for
   which he is required so to enter her, or if that
   is not practicable, as soon after as may be,
   mark upon each of her sides amidships, or as
   near thereto as is practicable, in white or
   yellow on a dark ground, or in black on a
   light ground, a circular disc, twelve inches in
   diameter, with a horizontal line eighteen
   inches in length, drawn through its centre:
   (2.) The centre of this disc shall indicate the
   maximum load-line in salt water to which the
   owner intends to load the ship for that voyage.
   (3.) He shall also, upon so entering her, insert
   in the form of entry delivered to the Collector
   or other principal officer of Customs, a state-
   ment in writing of the distance in feet and
   inches between the centre of this disc and the
   upper edge of each of the lines indicating the
   position of the ship's decks which is above
   that centre:
   (4.) If default is made in delivering this state-
   ment in the case of any ship, any officer of
   Customs may refuse to enter the ship outwards:
   (5.) The master of the ship shall enter a copy
   of this statement in the agreement with the
   crew before it is signed by any member of
   the crew, and no superintendent of any mer-
   cantile marine office shall proceed with the
   engagement of the crew until this entry is
   made:
   (6.) The master of the ship shall also enter a
   copy of this statement in the official log book:
   (7.) When a ship has been marked as by this
   section required, she shall be kept so marked
   until her next return to a port of discharge in
   the United Kingdom.