ÆäÀÌÁö À̹ÌÁö
PDF
ePub

said Passengers Act, 1855, on persons convicted of getting on board any aways expassenger ship with intent to obtain a passage therein without the consent tended from of the owner, charterer, or master thereof, and on persons aiding or 51. to 201. abetting in such fraudulent attempt, shall be extended from five pounds to twenty pounds.

Horses and cattle may be carried in passenger ships, under conditions herein

8. Notwithstanding the prohibition contained in the twenty-ninth section of the said Passengers Act, 1855, horses and cattle may be carried as cargo in passenger ships, subject to the following conditions: (1.) That the animals be not carried on any deck below the deck on which passengers are berthed, nor in any compartment in which passengers are berthed, nor in any adjoining compartment, except named. in a ship built of iron, and of which the compartments are divided off by water-tight bulkheads extending to the upper deck: (2.) That clear space on the spar or weather deck be left for the use and exercise of the passengers, at the rate of at least ten superficial feet for each statute adult:

(3.) That no greater number of passengers be carried than in the protion of fifteen to every one hundred tons of the ship's registered tonnage: (4.) That in passenger ships of less than five hundred tons registered tonnage not more than two head of large cattle be carried, nor in passenger ships of larger tonnage more than one additional head of such cattle for every additional two hundred tons of the ship's registered tonnage, nor more in all in any passenger ship than ten head of such cattle: The term "large cattle" shall include both Definition of sexes of horned cattle, deer, horses, and asses; four sheep of either the term

sex, or four female goats, shall be equivalent to, and may, subject "large cattle." to the same cenditions, be carried in lieu of one head of large

cattle:

(5.) That proper arrangements be made, to the satisfaction of the emi

gration officer at the port of clearance, for the housing, mainte-
nance, and cleanliness of the animals, and for the stowage of their
fodder:

(6.) Not more than six dogs, and no pigs or male goats, shall be con- Dogs and pigs.
veyed as cargo in any passenger ship: For any breach of this
prohibition, or of any of the above conditions, the owner, char-
terer, and master of the ship, or any of them, shall be liable for
each offence to a penalty not exceeding three hundred pounds nor
less than five pounds (y).

9. The requirements of the thirty-fifth section of the said Passengers Issue of lime Act, 1855, that six ounces of lime juice should be issued weekly to each juice. statute adult on voyages exceeding eighty-four days in duration for sailing vessels, or fifty days for steamers, shall be confined to the period when the ship shall be within the tropics; during the other portions of the voyage the issue of lime juice shall be at the discretion of the medical practitioner on board; or, if there be no such practitioner on board, at the discretion of the master of the ship (z).

10. In addition to the substitutions in the dietary scales specified in the Substitution of thirty-fifth section of the said Passengers Act, 1855, soft bread baked on soft bread for board may be issued, at the option of the master of any passenger ship, in other bread lieu of the following articles, and in the following proportions; (that is to stuffs. say,) one pound and a quarter of a pound of such soft bread may be issued in lieu of one pound of floor, or of one pound of biscuit, or of one pound

(y) See the Passengers Act Amendment Act, 1870 (33 & 34 Vict. c. 95),

APPDX.

s. 3, and the M. S. Act, 1876, s. 20.
(-) See the M. S. Act, 1867, s. 4.
4 R

Sect. 46 of re

cited act to apply to cabin passengers, and passage money made recoverable immediately on relanding. Sects. 12, 51, 53, and 54 of recited act repealed, and other provisions substi

tuted.

Forfeiture of ship if master proceeds to sea without certificate of clearance, &c.

and a quarter of a pound of oatmeal, or of one pound of rice, or of one pound of peas (a).

11. The forty-sixth section of the said Passengers Act, 1855, shall be applicable to cabin as well as to other passengers landed on account of sickness; and the passage money of all cabin or other passengers so landed may be recovered in the manner pointed out in the said act, upon the delivery up of their contract tickets (b), and notwithstanding that the ship may not have sailed: Provided always, that in the case of cabin passengers so landed one-half only of their passage money shall be recoverable.

12. The twelfth, fifty-first, fifty-third, and fifty-fourth sections of the said Passengers Act, 1855, shall be and the same are hereby repealed, except as to the recovery and application of any penalty for any offence committed against the said act, and except so far as may be necessary for supporting or continuing any proceeding heretofore taken or hereafter to be taken thereunder; and in lieu of the enactments contained in such sections the enactments in the four next following sections shall respectively be substituted; (that is to say,) (c)

13. If any passenger ship shall clear out or proceed to sea without the master having first obtained such certificate of clearance (d), or without his having joined in executing such bond (b) to the crown as by the said Passengers Act, 1855, are required, or if such ship, after having put to sea, shall put into any port or place in the United Kingdom in a damaged state, and shall leave or attempt to leave such port or place with passengers on board without the master having first obtained such certificate of clearance as is required by section fifty of the said Passengers Act, 1855, such ship shall be forfeited to the use of her Majesty, and may be seized by any officer of the customs, if found, within two years from the commission of the offence, in any port or place in her Majesty's dominions; and such ship shall thereupon be dealt with in the same manner as if she had been seized as forfeited for an offence incurring forfeiture under any of the laws relating to the customs: Provided that it shall be lawful for one of her Majesty's Power to secre- principal secretaries of state to relcase, if he shall think fit, any such fortary of state to feited ship from seizure and forfeiture, on payment by the owner, charrelease ships terer, or master thereof, to the use of her Majesty, of such sum not exceedon payment of ing two thousand pounds as such secretary of state may by any writing under his hand specify (e).

Such ship to be dealt with as if seized

under customs laws.

a sum of

money.

In case of wreck or damage in or near United Kingdom, pas

sengers to be provided with a passage by some other vessel, and

maintained in the meantime.

14. If any passenger ship shall be wrecked, or otherwise rendered unfit to proceed on her intended voyage, while in any port of the United Kingdom, or after the commencement of the voyage, and if the passengers, or any of them, shall be brought back to the United Kingdom, or if any passenger ship shall put into any port or place in the United Kingdom in a damaged state, the master, charterer, or owner shall, within forty-eight hours thereafter, give to the nearest emigration officer, or in the absence of such officer to the chief officer of customs, a written undertaking to the following effect; that is to say, if the ship shall have been Wrecked, or rendered unfit as aforesaid to proceed on her voyage, that the owner, charterer, or master thereof shall embark and convey the passengers in some other eligible ship, to sail within six weeks from the date thereof, to the port or place for which their passages respectively had been previously taken; and if the ship shall have put into port in a damaged state, then that she shall be made seaworthy, and fit in all

(a) See the M. S. Act, 1876, s. 20.
(b) See post, "Forms," No. 32.

Section 12 is repealed by the
Statute Law Revision Act, 1875 (38 &
39 Vict. c. 66), as to all her Majesty's
dominions.

(d) See post, "Forms," No. 31. (e) The powers conferred by this section on one of the secretaries of state are transferred to the Board of Trade by the M. S. Act, 1872, s. 7.

respects for her intended voyage, and shall, within six weeks from the date of such undertaking, sail again with her passengers; in either of the above cases the owner, charterer, or master shall, until the passengers proceed on their voyage, either lodge and maintain them on board in the same manner as if they were at sea, or pay to them subsistence money after the rate of one shilling and sixpence a day for each statute adult, unless the passengers shall be maintained in any hulk or establishment under the superintendence of the emigration commissioners (f) mentioned in the said "Passengers Act, 1855," in which case the subsistence money shall be paid to the emigration officer at such port or place. If the substituted ship or damaged ship, as the case may be, shall not sail within the time prescribed as aforesaid, or if default shall be made in any of the requirements of this section, such passengers respectively, or any emigration officer on their behalf, shall be entitled to recover, by summary process, as in the said "Passengers Act, 1855," is mentioned, all monies which shall have been paid by or on account of such passengers or any of them for such passage, from the party to whom or on whose account the same may have been paid, or from the owner, charterer, or master of such ship, or any of them, at the option of such passenger or emigration officer: Pro- Power to revided that the said emigration officer may, if he shall think it necessary, move passendirect that the passengers shall be removed from such damaged "passenger ship," at the expense of the master thereof; and if after such damaged ship; direction any passenger shall refuse to leave such ship, he shall be liable Penalty on to a penalty not exceeding forty shillings, or to imprisonment not exceeding fusing. one calendar month.

gers from

passengers re

sengers if the

15. If any passenger or cabin passenger of any passenger ship shall, Governors or without any neglect or default of his own, find himself within any colonial consuls may or foreign port or place other than that for which the ship was originally send on pasbound, or at which he or the emigration commissioners, or any public master of the officer or other person on his behalf, may have contracted that he should ship fail to do land, it shall be lawful for the governor of such colony, or for any person so. authorized by him for the purpose, or for her Majesty's consular officer at such foreign port or place, as the case may be, to forward such passenger to his intended destination, unless the master of such ship shall, within forty-eight hours of the arrival of such passenger, give to the governor or consular officer, as the case may be, a written undertaking to forward or carry on, within six weeks thereafter, such passenger or cabin passenger to his original destination, and unless such master shall accordingly forward or carry him on within that period.

16. All expenses incurred under the last preceding section or under the fifty-second section of "The Passengers Act, 1855," or either of them, by or by the authority of such secretary of state, governor, or consular officer, or other person, as therein respectively mentioned, including the cost of maintaining the passengers until forwarded to their destination, and of all necessary bedding, provisions and stores, shall become a debt to her Majesty and her successors from the owner, charterer and master of such ship, and shall be recoverable from them, or from any one or more of them, at the suit and for the use of her Majesty, in like manner as in the case of other crown debts; and a certificate in the form in schedule (A.) hereto annexed, or as near thereto as the circumstances of the case will admit, purporting to be under the hand of any such secretary of state, governor or consular officer, (as the case may be,) stating the total amount of such expenses, shall in any suit or other proceeding for the recovery of such debt be received in evidence without proof of the handwriting or of the official character of such secretary of state, governor, or consular officer, and shall be deemed sufficient evidence of the amount of such expenses,

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

Expenses incurred under ceding sections due to the crown.

the two pre

to be a debt

Passengers forwarded by governor, &c. not entitled to

return of pas

sage money.

Bond to repay expenses of rescuing and forwarding shipwrecked passengers, where owners

and that the same were duly incurred, nor shall it be necessary to adduce on behalf of her Majesty any other evidence in support of the claim, but judgment shall pass for the crown, with costs of suit, unless the defendant shall specially plead and duly prove that such certificate is false or fraudulent, or shall specially plead and prove any facts showing that such expenses were not duly incurred under the provisions of this act, and of the said "Passengers Act, 1855," or either of them: Provided nevertheless, that in no case shall any larger sum be recovered on account of such expenses than a sum equal to twice the total amount of passage money received or due to and recoverable by or on account of the owner, charterer or master of such passenger ship, or any of them, for or in respect of the whole number of passengers and cabin passengers who may have embarked in such ship, which total amount of passage money shall be proved by the defendant, if he will have the advantage of this limitation of the debt; but if any such passengers are forwarded or conveyed to their intended destination under the provisions of the last preceding section, they shall not be entitled to the return of their passage money, or to any compensation for loss of passage under the provisions of the said Passengers Act, 1855."

[ocr errors]

17. In the case of a passenger ship, of which neither the owners nor charterers reside in the United Kingdom, the bond required to be given to the crown by the sixty-third section of "The Passengers Act, 1855," shall be for the sum of five thousand pounds instead of two thousand pounds; and an additional condition shall be inserted in such bond to the effect that the obligors therein shall, subject to the provisions and limitations and charterers herein before contained, be liable for and shall pay to her Majesty and her successors, as a crown debt, all expenses which may be incurred under the provisions hereinbefore and in "The Passengers Act, 1855," contained, in rescuing, maintaining and forwarding to their destination any passengers of such ships who by reason of shipwreck or any other cause, except their own neglect or default, may not be conveyed to their intended destination by or on behalf of the owner, charterer or master of such ship.

of vessel reside abroad.

Recited act

18. The said "Passengers Act, 1855," and this act shall be construed and this to be together as one act.

as one.

were rescued

SCHEDULE (A.)

Form of Governor's or Consul's Certificate of Expenditure in the Case of
Passengers shipwrecked, &c.

N.B.-1. If I hereby certify, That, acting under and in conformity with the promore passengers visions of the British "Passengers Act, 1855," and of the " Passengers than forwarded, Act Amendment Act, 1863," I have defrayed the expenses incurred in or if bedding, &c. rescuing, maintaining, supplying with necessary bedding, provisions and alter the certifi-' stores, and in forwarding to their destination cabin passengerst], who were proceeding in the passenger ship

was not supplied,

cate to suit the

[including

facts of the case. from

+ N.B.-2.

Omit words in

brackets when

necessary.

+ N.B.-3. State generally the nature of the disaster and where it occurred. But if the passengers were only left behind, without any default of their own, state the fact accordingly.

to

was wrecked at sea, &c.‡

[ocr errors]

passengers

which

[ocr errors]

And I further certify, for the purposes of the tenth section of the said 'Passengers Amendment Act, 1863" (e), that the total amount of such expenses is pounds, and that such expenses were duly incurred by me under the said acts or one of them. Given under may hand, this

day of

18

Governor of, &c., (or as the case may be), her Britannic Majesty's consul at

(e) The sixteenth section is obviously the section meant.

27 & 28 VICT. c. 25.

An Act for Regulating Naval Prize of War.

[23rd June, 1864.]

WHEREAS it is expedient to enact permanently, with amendments, such provisions concerning naval prize, and matters connected therewith, as have heretofore been usually passed at the beginning of a war:

Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

PRELIMINARY.

1. This act may be cited as "The Naval Prize Act, 1864.”

2. In this act

Short title.

Interpretation

The term "the lords of the admiralty" means the Lord High Admiral of terms.
of the United Kingdom, or the Commissioners for executing the
office of lord high admiral:

The term ""
'the High Court of Admiralty" means the High Court of
Admiralty of England:

The term " 'any of her Majesty's ships of war" includes any of her
Majesty's vessels of war, and any hired armed ship or vessel in her
Majesty's service:

The term "officers and crew" includes flag officers, commanders, and
other officers, engineers, seamen, marines, soldiers, and others on
board any of her Majesty's ships of war:

The term "ship" includes vessel and boat, with the tackle, furniture, and apparel of the ship, vessel, or boat:

The term " ship papers" includes all books, passes, sea briefs, charter parties, bills of lading, cockets, letters, and other documents and writings delivered up or found on board a captured ship:

The term "6 goods" includes all such things as are by the course of admiralty and law of nations the subject of adjudication as prize (other than ships).

I. PRIZE COURTS.

3. The High Court of Admiralty, and every Court of Admiralty or of Vice-Admiralty, or other Court exercising Admiralty jurisdiction in her Majesty's dominions, for the time being authorized to take cognizance of and judicially proceed in matters of prize, shall be a Prize Court within the meaning of this act.

Every such Court, other than the High Court of Admiralty, is comprised in the term " Vice-Admiralty Prize Court," when hereafter used

in this act.

High Court of Admiralty.

High court of admiralty and

other courts to be prize

courts for pur

poses of act.

4. The High Court of Admiralty (ƒ) shall have jurisdiction throughout Jurisdiction of her Majesty's dominions as a Prize Court.

High Court of

The High Court of Admiralty as a Prize Court shall have power to Admiralty. enforce any order or decree of a Vice-Admiralty Prize Court, and any order or decree of the Judicial Committee of the Privy Council in a prize

appeal.

Appeal; Judicial Committee.

5. An appeal shall lie to her Majesty in council from any order or decree of a Prize Court, as of right in case of a final decree, and in other cases with the leave of the Court making the order or decree.

(f) See the Judicature Act, 1873 (36 & 37 Vict. c. 66), ss. 3, 16, 34, 42, 44.

Appeal to Queen in council, in what cases.

« ÀÌÀü°è¼Ó »