Section 169

If any such ship is loaded in contravention of this section, the master and owner of the ship shall be guilty of an offence and shall be liable to a fine of two thousand dollars, and to such additional fine, not exceeding the amount hereafter in this section specified, as the

Court thinks fit to impose having regard to the extent to which the earning capacity of the ship was, or would have been, increased by reason of the submersion.

The additional fine mentioned in subsection (2) shall not exceed two thousand dollars for every inch or fraction of an inch by which the appropriate load line on each side of the ship was submerged, or would have been submerged if the ship had been in salt water and had no list.

In any proceedings against an owner or master in respect of a contravention of this section, it shall be a good defence to prove that the contravention was due solely to deviation or delay, being deviation or delay caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled.

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Without prejudice to any proceedings under the provisions of subsections (1) to

inclusive, any ship which is loaded in contravention of this section may be detained until she ceases to be so loaded.

Miscellaneous offences in relation to marks.