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 pre
pared 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 recove
rable) 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