Counterpart

of bond to be certified, and sent to the colony to which ship bound, and to be received in evidence with

out further proof of execution.

In the absence of agreement to the contrary the owner to

be responsible

in respect of default.

Passage Brokers.

No person to act as a passage broker

without a licence.

Emigration commissioners and agents of passage brokers exempted from this section.

64. It shall be the duty of the chief officer of customs at the port of clearance of any "passenger ship" bound to any of her Majesty's possessions abroad, to certify on one part of such bond that it has been duly executed by the said master of such ship and the other obligor, and to forward the same by post to the colonial secretary of the colony to which such "passenger ship" may be bound; and such certificate shall, in any Colonial Court of Judicature in which the bond may be put in suit, be deemed conclusive evidence of the due execution of the bond by the said master and the other obligor, and it shall not be necessary to prove the handwriting of the officer of customs who may have signed such certificate, nor that he was at the time of signing it chief officer of customs at the port of clearance; Provided that no such bond shall be put in suit in any of her Majesty's possessions abroad after the expiration of three calendar months next after the arrival therein of the said ship, nor in the United Kingdom after the expiration of twelve calendar months next after the return of the said ship and of the said master to the United Kingdom.

65. In the absence of any agreement to the contrary, the owner shall be the party ultimately responsible, as between himself and the other persons hereby made liable in respect of any default in complying with the requirements of this act; and that (i) if any such last-mentioned person shall pay any monies hereby made payable to or on behalf of any such passengers as aforesaid, the person so paying the same shall be entitled, in the absence of any such agreement as aforesaid, to sue for and recover from the owner the amount so paid, together with costs of suit.

66. No person whatever shall directly or indirectly act as a passage broker in respect of passages from the United Kingdom to any place out of Europe, and not being within the Mediterranean Sea, or shall sell or let, or agree to sell or let, or be in anywise concerned in the sale or letting of passages in any ship, whether a passenger ship" or otherwise, proceeding from the United Kingdom to any such place as aforesaid, unless such person, with two good and sufficient sureties to be approved by the emigration officer at the port nearest to the place of business of such person, shall have previously entered into a joint and several bond, in the sum of one thousand pounds to her Majesty, her heirs and successors, according to the form contained in schedule (D.)(j) hereto annexed, which bond shall be renewed on each occasion of obtaining such licence as hereinafter mentioned, and shall be in duplicate, without stamps, and one part thereof shall be deposited at the office in London of the said emigration commissioners (k), and the other part thereof with the emigration officer at the port nearest to the place of business of such person; nor unless such person shall have obtained a licence, as hereinafter mentioned, to let or sell passages, nor unless such licence shall then be in force; and if any person shall offend in any particular against this enactment, every person so offending shall for each offence be liable to a penalty not exceeding fifty pounds nor less than twenty pounds, to be sued for and recovered as hereinafter mentioned: Provided, that such bond shall not be required of any person who shall be one of the sworn brokers of the city of London (1): Provided also, that there shall be excepted from the operation of this section the said emigration commissioners, and any persons contracting with them, or acting under their authority, and also any person acting as the agent of any passage broker in pursuance of an appointment made in the form prescribed by schedule (I.)(j) hereto annexed, signed by such passage broker, and countersigned by such emigration officer as aforesaid:

(i) The word "that" appears to be surplusage.

(j) See post, "Forms," No. 32.

(k) Now the Board of Trade; see the M. S. Act, 1872, s. 5.

(7) See the London Brokers Relief Act, 1870 (33 & 34 Vict. c. 60).

Provided further, that the acts and defaults of any person acting under Passage brothe authority or as agent of any passage broker shall, for the purposes of kers to be rethis act, be deemed to be also the acts and defaults of such passage broker: sponsible for their agents. Provided also, that nothing herein before contained shall be held or construed to prevent the said emigration officer from accepting the bond of a guarantee society, such bond and (m) such guarantee society as shall have been approved by the Lords Commissioners of her Majesty's Treasury, in lieu of the bond of two good and sufficient securities as aforesaid.

obtained.

commissioners

67. Any person wishing to obtain a licence to act as a passage broker How passage in respect of passages from the United Kingdom to any place out of brokers' liEurope, and not being in the Mediterranean Sea, shall make application cences may be for the same to the justices at the petty sessions held for the district or place in which such person shall have his place of business; and such justices are hereby authorized (if they shall think fit) to grant a licence for that purpose, according to the form in the schedule (E.) (n) hereunto annexed, which licence shall continue in force until the thirty-first day of December, in the year in which such licence shall be granted, and for thirty-one days afterwards, unless sooner forfeited, as herein mentioned; and upon granting such licence the justices shall cause a notice thereof Justices to according to the form in schedule (F.) (n) hereto annexed to be transmitted give notice to forthwith by the post to the said emigration commissioners (o) at their emigration office in London: provided always, that no such licence shall be granted of licence unless the party applying for the same shall show to the satisfaction of granted. the justices that he has given such bond to her Majesty, her heirs and Notice to be successors, as herein before required, and has deposited one part thereof given to emiat the office in London of the said commissioners, or is a sworn broker of gration comthe city of London (p), and has in either case given notice to the said com- missioners of missioners (o) fourteen clear days at least before such application of his intended apintention to apply for the same, which notice shall be transmitted by the post licences. plication for to the office in London of the said commissioners, and shall be according to the form contained in the schedule (G.) (n) hereto annexed: Provided also, Power to justhat any justices of the peace who shall adjudicate on any offence against this act, or on any breach or nonperformance of any of the requirements thereof, are hereby authorized, if they shall think fit, and the offender is a passage broker, to order his licence to be forfeited, and the same shall thereupon be forfeited accordingly; and the said justices making such same to emiorder shall forthwith cause notice of such forfeiture, in the form con- gration comtained in the schedule (H.) (n) hereunto annexed to be transmitted by the missioners. post to the said commissioners at their office in London: In Scotland, As to appliwhere any person wishing to obtain such licence shall make application cation for for the same to the sheriff or steward or sheriff substitute or steward sub- licences in stitute, in place of to such justices of the peace as aforesaid, the forms Scotland. given in the said schedules (D.), (E.), (F.), (G.) and (H.) respectively shall still be adhered to, with such alterations as may be necessary.

tices to order licences to be

forfeited, who shall give notice of the

68. Every passenger broker's licence in force at the commencement of this Existing act shall, unless adjudged to be forfeited, continue in force until the first day licences to of February, one thousand eight hundred and fifty-six, but no longer; and continue in all acts done under such licence while in force shall be as valid as if done force until 1st under any licence granted under this act (q).

69. No passage broker shall employ as an agent in his business of passage broker any person not holding from him the appointment of agent

(m) The words in italics seem to have crept in by mistake.

(n) See post,

"Forms," No. 32.

(o) Now the Board of Trade; see the M. S. Act, 1872, s. 5.

(p) See the London Brokers Relief Act, 1870 (33 & 34 Vict. c. 60).

(9) Section 68 is repealed by the Statute Law Revision Act, 1875, (38 & 39 Vict. c. 66), as to all her Majesty's dominions.

Feb. 1856.

Passage brokers to employ no agents except

those expressly appointed by them.

Agents to produce their appointments on demand.

Penalty on

persons fraudulently inducing others to engage

passages.

Contract tickets for

passengers.

as hereinbefore mentioned; and every person holding such appointment shall produce the same, on the demand of any emigration officer, or of any person treating for a passage under this act: for any breach or violation of this enactment in any particular, the offender shall be liable for each offence to a penalty not exceeding fifty pounds nor less than twenty pounds.

70. If any person shall by false representation as to the size of a ship, or otherwise, or by any false pretence or fraud whatsoever, induce any person to engage a passage in any ship, the person so offending shall for each offence be liable to a penalty not exceeding twenty pounds nor less than five pounds sterling.

71. Every person whatever, except the said emigration commissioners (r) and persons acting for them and under their direct authority, who shall cabin and other receive money from any person for or in respect of a passage in any ship, or of a cabin passage in any "passenger ship" proceeding from the United Kingdom to any place out of Europe, and not being within the Mediterranean Sea, shall give to the person paying such money a contract ticket, signed by the owner, charterer, or master of the ship or passenger ship" (as the case may be) in which the passage is to be provided, or by some person in their or his name, and on their or his behalf: such contract ticket shall be made out in plain and legible characters on a printed form, which in the case of cabin passengers (s) shall be according to the form contained in schedule (K.) (t) hereto annexed, and in the case of all other passengers in the form contained in schedule (L.) (t) hereto annexed, or according to such other form as in either case may from time to time be prescribed by the said emigration commissioners (r) in any notice issued under their hands, or the hands of any two of them, and published in the London Gazette: and any directions contained on the face of such form of contract ticket shall be obeyed in the same manner as if herein set forth. In case of noncompliance with any of the requirements of this section, or of any of the directions on such form of contract ticket not inconsistent with this act, the person so offending shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling Provided always, that such contract tickets shall not be liable to any stamp duty.

72. Any person who shall alter or cause to be altered, after it is once issued, or shall induce any person to part with, render useless, or destroy any such contract ticket, during the continuance of the contract which it is intended to evidence (except in the case of cabin passengers who may have consented thereto), shall be liable in each case to a penalty not exceeding twenty pounds sterling.

73. Any question which may arise respecting the breach or nonperformance of any of the stipulations in any such contract ticket, may, at the option of any passenger or cabin passenger interested therein, be heard and determined in a summary way by the justices of the peace, magistrates, sheriffs, or other officers hereinafter authorized to adjudicate on offences and complaints under the act, who are hereby authorized to try such questions, and if they shall find that a breach of contract has been committed, to award to the complainant such damages and costs as they may think fit, not exceeding in any case the amount of the passage money specified in such contract ticket and twenty pounds; and if such damages and costs be not at once paid, payment thereof shall thereupon be enforced, in the same manner and by the same processes as the payment of subsistence money, or the return of passage money, may be

() Now the Board of Trade; see the M. S. Act, 1872, s. 5.

(s) See Ellis v. Pearce, 1 E. B. & E.

431.

(t) See post, "Forms," No. 32.

enforced under this act: provided that if any passenger shall have obtained compensation or redress, under any of the other provisions of this act, he shall not be entitled to sue under this section for damages for the same matter or cause of complaint.

74. If any cabin or other passenger shall, on demand of any emigration Penalty on officer, refuse or omit to produce his contract ticket, or if any owner, cabin passencharterer, or master of a ship shall on like demand refuse or omit to pro- gers and on duce to any emigration officer in the United Kingdom the counterpart of masters, &c. omitting to any contract ticket issued by them, or on their behalf, for the inspection produce conof such emigration officer, and for the purposes of this act, every person tract tickets. so offending against the requirements of this section shall for each offence be liable summarily to a penalty not exceeding ten pounds.

75. Any person who shall act as an "emigrant runner" without having previously been licensed and registered as hereinafter mentioned, or who while so acting shall omit to wear conspicuously on his breast such badge as hereinafter mentioned, or who shall employ as an emigrant runner any person not duly licensed and registered, shall for each offence be liable to a penalty not exceeding five pounds nor less than twenty shillings.

Penalty on persons acting

as runners

without licence and badge, and

on passage brokers employing them.

runners.

76. The justices of the peace at any petty sessions held for the district Mode of lior place within which any person wishing to act as an "emigrant runner" censing and is to carry on his business may, upon the recommendation in writing of an registering emigration officer or of the chief constable or other head officer of police of such district or place (but not otherwise), grant, if they shall think fit, to such person wishing to act as runner a licence for that purpose according to the form in schedule (M.) (u) hereto annexed, and such runner shall within forty-eight hours thereafter (under a penalty not exceeding forty shillings for any default) lodge such licence with the nearest emigration officer, who shall register the name and abode of such runner in a book to be kept for that purpose, and shall number each name registered in arithmetical progression, and shall supply to such runner, on his paying a sum not exceeding seven shillings for the same, a badge of such form and description as shall be approved by the said emigration commissioners (v).

77. Every such "emigrant runner's" licence shall continue in force Emigrant rununtil the thirty-first day of December in the year in which it shall be ner's licence granted, unless sooner revoked by any justice of the peace, for any offence to be renewed against this act or for any other misconduct committed by the holder of annually. such licence. In case of any renewed licence it shall be sufficient for the emigration officer to note the fact, and the date of the renewal, in his registry book against the original entry therein of the name of the runner holding such renewed licence.

runner for certain acts of

misconduct.

78. If any "emigrant runner" shall refuse or fail to produce, on Penalty on demand, his badge for inspection, or to permit any person to take the number thereof, or if he shall fail within forty-eight hours to give to the emigration officer of the port or place within which he is licensed to act notice in writing of any change in his place of abode, in order that his new abode may be registered, or of the loss of his badge, or if he shall mutilate or deface his badge or wear the same while unlicensed, or wear any other than the one delivered to him by such emigration officer as aforesaid, or permit any other person to use his badge, he shall for each such offence be liable to a penalty not exceeding forty shillings and to the forfeiture of his licence, if the convicting justices or magistrate shall so determine; and any person retaining or using any "emigrant runner's" Penalty on persons using (u) See post, "Forms," No. 32.

(v) Now the Board of Trade; sec the M. S. Act, 1872, s. 5.

badges not lawfully issued

to them.

How fresh

obtained in

badge not issued to him under the provisions of this act, or counterfeiting or forging any such badge, shall for each such offence be liable to a penalty not exceeding five pounds.

79. Such emigration officer as last aforesaid may, if he thinks fit, on badges may be payment to him of the sum of five shillings, deliver a new badge to any licensed "emigrant runner" who shall satisfy such officer that he has lost his original badge, or who shall deliver up the same in a mutilated or defaced state.

case the old

ones are lost or mutilated.

Runners not entitled to commission from any passage broker unless acting

with his authority, nor from emigrants for procuring their passage.

List of runners

to be exhibited by brokers and sent to emigra

tion officers.

Trustees of docks may

tion of intending emigrants and for licensing emigrant porters.

80. No "emigrant runner "shall be entitled to recover from any broker any fee, commission, or reward for or in consideration of passage any service connected with emigration, unless he shall be acting under the written authority of such passage broker, nor, under a penalty for each offence not exceeding five pounds, shall take or demand from any person about to emigrate any fee or reward for the procuring of his passage, or in any way relating thereto.

81. Every passage broker shall exhibit and keep constantly exhibited in some conspicuous place in his office or place of business a correct list, in plain and legible characters, containing the names and addresses in full of every person for the time being holding such authority to act as his agent or as an emigrant runner for him as aforesaid, and shall on or before the fifth day, or if that day be a Sunday, on or before the fourth day in every month, transmit a true copy of such list, duly signed by him, to the emigration officer stationed nearest to the place of business of such licensed passage broker, and shall report to such emigration officer every discharge or fresh engagement of an agent or of an "emigrant runner within twenty-four hours of the same taking place. In case of noncompliance with any of the requirements of this section, the person so offending shall be liable for each offence to a penalty not exceeding five pounds nor less than two pounds.

39

82. It shall be lawful for the trustees or other persons charged with the management of any docks or basins in any port within the United pass bye-laws Kingdom from which "passenger ships" are despatched to make, and from for regulating time to time to alter, amend or repeal, such rules and bye-laws as may be the landing and embarka- necessary for prescribing the docks, basins or other places at which persons arriving by sea at such ports for the purpose of emigrating, or actually emigrating therefrom, shall be landed and embarked, and the mode of their landing and embarkation, and for licensing porters to carry their luggage and otherwise to attend upon them, and for the storing and safe custody of their luggage, and for admitting persons to and excluding persons from access to such docks or basins, and for attaching a penalty not exceeding five pounds for the breach of any of such rules or byelaws, such penalty to be sued for and recovered as other penalties are by this act directed to be recovered, except that instead of an emigration officer such trustees or other persons as aforesaid shall sue for and recover the same; and it shall further be lawful for such trustees, by their officers or servants, or by any police officer, to arrest and detain any person charged with the breach of any such rule or bye-law until brought before any justice of the peace, who is hereby authorized to adjudicate on the offence in a summary way provided that no such rules or bye-laws shall take effect until they shall have been approved by one of her Majesty's principal secretaries of state, and published by his authority in the London Gazette, which publication shall for all purposes be deemed conclusive evidence of such rules and bye-laws, and of the approval thereof by such secretary of state.

Bye-laws to be approved by Secretary

of State, and published in the London Gazette. Penalty for falsifying

documents to

83. And whereas the said emigration commissioners (x) and persons acting under their authority issue from time to time certain forms of appli

(x) Now the Board of Trade; see the M. S. Act, 1872, s. 5.