253. Deck cargo.

The deck is traditionally not a proper place of stowage1; and the shipowner is not entitled to stow goods on deck2, except:

  1.  

    (1)     where a usage of trade has sanctioned the practice3; but it is not sufficient that it is usual, unless the shipper expressly provides to the contrary, to carry the particular goods on deck4; or

  2.  

    (2)     where the shipowner has the charterer's consent to stow the goods on deck; there may have been an express term of the contract to this effect