and  the  sixieenik  duij  of  April  in  anjf  year  at  any
port  in  the  United,  Kingdom  from  any  port  ont  of
the  United,  Kingdom^  carrying  as  deck  cargo,  that  is
to  say,  in  any  niicorered,  space  upon  deck,  or  in  any
cooered  space  not  included  in  the  cubical  contents
forming  the  ship's  registei'ed  tonnage,  any  wood  goods
coming  within  the  following  descriptions’,  that  is  to  say,
(a.)  Any  square,  round,  waney,  or  other  timber,
or  any  pitch  pine,  mahogany,  oak,  teak,  or  other
heavy  wood,  goods  ivhaterer;  or
(b.)  Any  more  than  five  spare  spars  or  store
spars,  whether  or  not  made,  dressed,  and  finally  prepared ­
  for  use.',  or
(c.)  Any  deals,  battens,  or  other  light  wood  goods
of  any  description  to  a  height  exceeding  three  feet
above  the  deck’,
the  master  of  the  ship,  and,  also  the  owner,  if  he  is
privy  to  the  ofence,  shall  be  liable  to  a  penalty  not
exceeding  five  pounds  for  every  hundred,  cubic  feet  of
wood,  goods  carried  in  contravention  of  this  section,
and,  suck  penalty  may  be  recovered  by  action  or  on
indictment  or  to  an  amount  not  exceeding  one  hundred,
pounds  (ivhatevcr  may  be  the  maximum  penalty  recoverable) ­
  on  summary  conviction.
Provided,  that  a  master  or  ownei'  shall  not  be
liable  to  any  penalty  under  this  section  —
(1.)  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
(2.)  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