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18 & 19 Viot. or for any variance between such complaint or information and the evidence adduced c. 119. on the hearing thereof: but if any variance Bhall appear to the justice or justices present

and acting at such hearing to be such that the party so summoned and appearing his

conviction* Io be \^ea thereby deceived or misled, it shall be lawful for such justice or justices, upon such of f"r'uj.' <jrwa"t terms as he or they shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to such safe custody as the said justice or justices may think fit, or to discharge him upon his recognisance, with or without sureties, to appear at such time and place as may be appointed : no conviction, order, adjudication, or other proceeding under or in pursuance of this Act shall be quashed or vacated for want of form.

Application of 88. All penalties imposed by this Act shall, when recovered, and notwithstanding any penalties. local Act of Parliament to the contrary, be paid to the emigration officer or officer of

customs at whose suit the same shall have been recovered, for the use of Her Majesty and Her successors, and if recovered in the colonics shall be paid over by the party receiving the same into the colonial treasury, and shall form part of the general revenue of the colony, and if recovered in the United Kingdom shall be paid over to the said Emigration Commissioners if the party at whose suit the same shall have been recovered be an emigration officer or his assistant, and to Her Majesty's Commissioners of Customs if the party at whose suit the same shall have been recovered by an officer of customs, to be by such Emigration Commissioners and Commissioners of Customs respectively duly accounted for; and all Bueh penalties as may be recovered in the United Kingdom shall be appropriated to such purposes and in such manner as the Lord High Treasurer or the Commissioners of Her Majesty's Treasury may from time to time direct and appoint: Justics m»y Provided always, that it shall be lawful for the justices of the peace who shall impose any fiou^iu i'f'wi 1*" suck Pena"y a' *ne samc ''H16 *° direct, if they shall think fit, that a part, not exceeding i!""to imiiy11 J one moiety thereof, be applied to compensate any passenger for any wrong or damage aggrieved, which he may have sustained by the Act or default in respect of which such penalty or

forfeiture shall have been imposed, r.nnlcn of pmnf 89. If in any suit, action, prosecution, or other legal proceeding under this act any t.> be on uerror.a question shall arise whether any ship was or was not exempted from the provisions of tiouftom'Act!'1 tu'8 •^ct or any of them, the burden of proving that Buch Bhip was so exempted shall lie on the party claiming the benefit of the exemption, and failing such proof it shall for any such purpose as aforesaid be taken and adjudged that the ship did come within the Proof of ne"*- provisions of this Act; and it shall not be necessary, in any information, complaint, or lives. other process or proceeding, to negative any exemption, proviso, or condition contained

in any section of this Act on which such information, complaint, or other process or proceeding shall be framed, neither shall it be necessary for the complainant to prove the negative, but the defendant may prove the affirmative thereof, if he will have advantage of the samc.

Proof of a p»ny 90. If in any proceeding before any justice or justices of the peace under this Act, or being an emigra- upon any action, suit, or other proceeding whatsoever, against any person, for anything tion officer. ,jone e;tner contrary to or in pursuance of this Act, a question should arise whether any person is an emigration officer or assistant emigration officer, or an officer of customs, viva voce evidence may be given of such fact by the officer himself, and shall be deemed legal and sufficient evidence. Passengers suing 81. Any passenger suing under this Act for any sum of money made recoverable by not incompetent this Act as passage money, subsistence money, or compensation or damages, shall not be witnesses. deemed an incompetent witness in any proceeding for the recovery thereof, notwithstanding the samc, if recovered, shall be applicable to his own use and benefit. Tender of 92. No plaintiff shall recover in any action against any emigration officer, hia avssist

&mend5" ant, government emigration agent, or officer of customs, or other person, for anything

done in pursuance of this Act, if tender of sufficient amends shall have been made before such action brought, or if, after action brought, a sufficient sum of money shall have been paid into court, by or on behalf of the defendant. ac^Tont'lgainBt S3- action or su't 8na" be commenced against any emigration officer, his assistant, officers executing government emigration agent, officer of customs, or other person, for anything done in the Act. pursuance of or under the authority of this Act, until ten clear days notice in writing,

specifying distinctly the cause of action, has been given to the officer, agent, or person as aforesaid against whom such action or suit is intended to be brought, nor after three calendar months next after the act committed and mentioned in such notice for which such action or suit shall be so brought; and every such action shall be brought, laid, and tried where the cause of aetion shall have arisen, and not in any other place; and the Defendant may defendant in such action or suit may plead the general issue, and give this Act and any is>ue t<j1'ce,general special matter in evidence, at any trial which shall be had thereupon; and if the matter or thing shall appear to have been done under or by virtue of this Act, or if it shall 18 & 19 Vict. appear that such action or suit was brought before ten clear days notice thereof given as c. 119.

aforesaid, or if any action or suit shall not be commenced within the time herein-before —

limited, or shall be brought or laid in any other place than as aforesaid, then the jury
shall find a verdict for the defendant therein; and if a verdict shall be found for siich costs,
defendant, or if the plaintiff in such action or suit shall become nonsuited, or suffer a
discontinuance of such action, or if upon any demurrer in such action judgment shall be
given for the defendant thereon, then and in any of the cases aforesaid such defendant
shall recover full costs of suit as between solicitor and client, and Bhall have such remedy
for recovering the same as any defendant may have for his costs in any other case
by law.

94. Where no time is expressly limited within which any complaint or information is Limitation of to be made or laid for any breach or nonperformance of any of the requirements of this J„g*'^.TMj^j. Act, the complaint shall be made or the information laid within twelve calendar months

from the time when the matter of such complaint or information respectively arose, or in case the master of any ship is the offender or party complained against, within twelve calendar months next after his return to the country in which the matter of complaint or information arose. <Mo,u<tiroy«g«.

95. And whereas it is expedient to provide in certain cases for the carriage of pas- Colonial voyages sengers by sea from Her Majesty's possessions abroad: Be it therefore enacted as aefinodfollows: For the purposes of this Act the term "colonial voyage" shall signify any

voyage from any place within any of such possessions (except the territories under the government of the East India Company and the island of Hong Kong) to any place whatever, where the distance between such places shall exceed four hundred miles, or the duration of the voyage, to be prescribed as herein-after mentioned, shall exceed three days.

96. This Act shall apply, so far as the same is applicable, to all ships carrying pas- This act to sengers on any such "colonial voyage," except as to such parts of the Act as relate to the »pp'7 ,0 a"

, .. . /I . . . . 1 colonial vovaces,

following matters; (that is to say,) ezMft M r;iXs

1. To passage brokers and their licences: to matters hcreiu

2. To passengers contract tickets: named

3. To emigrant runners:

4. To the giving bond to Her Majesty:

5. To the keeping on board a copy of this Act:

6. To Orders in Council regulating emigration from the United Kingdom, or prescribing rules for promoting health, cleanliness, order, and ventilation:

Provided that if the prescribed duration of any "colonial voyage" be less than three if any colonial weeks, then, in addition to the matters lastly herein-before excepted, the provisions voyage be 1"" of this Act shall not extend or apply, so far as they relate to the following subjects; th"icVnot to *' (namely,) apply to subjects

The construction or thickness of the decks: horein D,taei

The berths and berthing:

The height between decks:

Privies:

Hospitals:

Light and ventilation:
Manning:

Passengers stewards:

Passengers cooks and cooking apparatus:

The surgeon, and medicine chest:

The maintenance of passengers for forty-eight hours after arrival: Provided also, that in the case of such "colonial voyages," whereof the prescribed duration is less than three weeks, the requirements of this Act respecting the issue of provisions shall not, except as to the issue of water, be applicable to any passenger who may have contracted to furnish his own provisions.

97. It shall be lawful for the governor of each of Her Majesty's possessions abroad, by Governor of any proclamation to be by him from time to time issued for that purpose (which shall C^£"JTMTM|*£ by take effect from the issuing thereof), to declare what shall be deemed for the purposes of SJcTareTeng'th of this Act to be the length of the voyage of any ship carrying passengers from such posses- voyage, and presion to any other place whatsoever, and to prescribe such scale of diet for the use of the roed'lcinU, passsengers during the voyage as he shall think proper, and also to declare what medicines, and medical medical comforts, medical instruments, and other matters shall be deemed necessary for comforts.

the medical treatment of the passengers during such " colonial voyage;" and the provisions and requirements of every such proclamation shall be enforced in all Her Majesty's

18 k 19 Vict c. 119.

Copies of proclnniat:on* to he recti Ted as evidence.

Provision for
Mirvey of ship
In the colonies,
nnd for Appoint-
ing Mirge. n
thereto.

Power to the
Uov-rnor Gene-
ral of India in
Council by any
Act to be paused
fur that purpose,
t» adopt this
Art for India,
Mid t<> make
rule* respecting
food, passengers
surgeon*, Ac.;

snd to declare in what manner peimliies, &c. liny be sued for and recovered.

Indian Act may

lie enforced in •lie ci-lonies ill like manner as tills Act.

Voyage to the United Kingdom.

List of passen-
gers 11.night into
ihc United
Kingdom to he
delivered by the
nms:er of the
i-h'p to the emi-
gration officer.
Penalty f r
neglect.

Returns of births
mid deaths at sea
lo b'. mstle to
the Registrar
General.

6 4 7V. 4, c. 86.

Penalty on masters for having on board a greater number of persons than

dominions as if they were incorporated in this Act, and in like manner as the provisoes
of this Act may be enforced; and a copy of any such proclamation, purporting to be under
the hand of the governor of the colony, wherein the same may have been issued, mi
under the public seal of such colony, shall in any part of Her Majesty's dominions t
the same shall be produced be received as good and sufficient evidence of the due is
and of the contents of such proclamation, unless it shall be proved that such copy i» act
genuine.

98. It shall be lawful for the governors of any such possessions respectively to authorise such person or persons as they may think fit to make the like survey and examination of "passenger ships" sailing from such possessions respectively as is herein-before required to be made by two or more competent surveyors in respect of "passenger ehip»" sailii? from the United Kingdom, and also to authorise in such cases, as to such governor? miy f cem proper, any competent person to act as medical practitioner on board any "passen«: ship" proceeding on a "colonial voyage."

99. This Act shall not apply to any of the territories or places under the government of the East India Company: It shall, however, be lawful for the Governor-General of India in Council, from time to time, by any Act or Acts to be passed for that purpo-a, to declare that this Act or any part thereof shall apply to the carriage of passengers upon any voyage from any ports or places within such territories, to be specified in such Act or Acts, to any other places whatsoever, to be also specified in such Act or Acts; and alio in like manner to authorise the substitution, as respects such voyages of other articles of food and provisions for those herein-before enumerated; and to declare the rule of computation by which the length of any such voyage shall be estimated ; and to determine the persons or officers who in such territories shall be entitled to exercise or perform the powers, functions, or duties herein-before given to or imposed upon the emigration officers and officers of customs in the United Kingdom; and to authorise the employment on board any ship of a medical practitioner duly qualified by law to practise as a physician, surgeon, or apothecary within such territories; and to declare for the purposes of thii Act the space necessary for passengers, and the age at which two children shall be considered equal to one statute adult, in ships that may clear out from any port or place within such territories; and also to declare in what manner, and before what authorities, and by what form of proceedings, the penalties imposed and the sums of money made recoverable by this Act shall be sued for and recovered within such territories, and to what uses such penalties shall be applied: And on the passing of such Indian Act or Acts, and whilst the same shall remain in force, all such parts of this Act as shall be adopted therein shall apply to and extend to the carriage of passengers upon such voyages as in the said Indian Act or Acts shall be specified. The provisions of such Indian Act shall be enforced in all Her Majesty's possessions in like manner as the provisions of this Act may be enforced: Every such Indian Act shall be subject to disallowance and repeal, and shall in the same manner be transmitted to England, to be laid before both houses of parliament, as in the case of any other law made by the Governor-General in Council.

100. The master of every ship bringing passengers into the United Kingdom from any place out of Europe, and not within the Mediterranean Sea, shall within twenty-four hours after arrival deliver to the emigration officer or his assistant, or in their absence to the chief officer of customs at the port of arrival, a correct list, signed by such master, and specifying the names, ageB, and callings of all the passengers embarked, and also the port or ports at which they respectively may have embarked, and showing which, if any of them, may have died, with the supposed cause of death, or been born on the voyage; and if any master shall fail so to deliver such list, or if the same shall be wilfully false, he shall, on conviction, as herein before mentioned, be liable to a penalty not exceeding 50i. Such emigration or customs officer shall, upon receipt of such list, transmit the particulars respecting any passenger named therein who may have died, with the supposed cause of death, or been born on the voyage, to the RegistrarGeneral of Births, Deaths, and Marriages, who shall file the same, and enter a copy thereof under his hand in the "Marine Register Book," which entry shall be dealt with and be of the same value as evidence as any other entry made in such book under the provisions of an Act passed in the session of Parliament held in the sixth and seventh years of the reign of Her present Majesty, intituled An Act for Registering Births, Deaths, and Marriages in England.

101. If any ship bringing passengers into the United Kingdom from any place out of Europe shall have on board a greater number of passengers or persons than in the proportions respectively prescribed in the fourteenth section of this Act for ships carrying passengers from the United Kingdom, the master of such ship shall be liable, on such conviction as herein before mentioned, to a penalty not exceeding 1 Oi. nor less than 5/. " * Vio. T for each such person or statute adult constituting any such excess. '''

102. The master of every passenger ship bringing passengers into the United King- preMr|b,d hr dom from any place out of Europe shall make to each statute adult during the voyage, section n of including the time of detention, if any, at any port or place before the termination ,ni»Act. thereof, issues of pure water and of good and wholesome provisions in a sweet condition, »J°er5to°beiwueJ in quantities not less in amount than is prescribed in the thirty-fifth section of this Act i0 passrngers for passengers proceeding from the United Kingdom; and in case of non-compliance j^""^'!"'° with any of the requirement* of this section, the master of such ship shall, on such con- the'earne'ls^n"'" viction as herein before mentioned, be liable for each offence to a penalty not ex- ships carrying eeeding 50/. * ITM uXd

103. The Schedules to this Act shall be deemed to be part of this Act, and all the Kingdom, directions therein contained shall be duly followed and enforced, under a penalty not ex- pen«ltyfor cccding 10/. on the person failing to obey the same respectively. iiofauit. ^

par. ol the Act.

SCHEDULES to which the foregoing Act refers.

SCHEDULE (A),

Foaic of Certificate exempting a Mail Steamer fi-om the Provisions of the
British Passengers Act, 1855.

N. B.—This Certificate must be produced, on Demand, to the Emigration Officer or his
Assistant, or if there be no such Officer to the Chief Officer of Customs at the Port of
Clearance or Port of Departure, by the Master of any Stearn Vessel claiming Exemption
from the Passengers Act, otherwise the Exemption will not be allowed.

This is to certify, That the Pteam Vessel of Tons, registered * Tonnage, • Omit this

1« longing to the Port of , is duly authorized to carry Mails nnder a Contract with word if inapplic

the Government oft between + and t , and is therefore exempt *f J^^JJ. V1* case

from the Operations of the "Passengers Act, 1815," from the Date hereof to the vessel *n

D-y°f 18 • tlmrthtra

Given under my Hand at , this Day of 18 . il» name, of the

i Postmaster-General of the United Kingdom or his Deputy (or (Signature) ■] Governor or Postmaster-General, &c. of [name the

Colony or Foreign State], at the Case may be).

British Consul's Certificate in the Case of a Foreign Steam Vessel.

The above Signature is to the best of my Belief the Signature of the [here insert the Title of the Officer signing the preceding Certificate], the Officer

duly authorized by the Government of to grant the same.

,0. , » I Her Britannic Majesty's Consul-General, Consul, or Vice

(t> enniure; j Consu, of fhe ^ may Jf)_

[merged small][table]

I hereby certify, that the Provisions actually laden on board this Ship are sufficient, according to 1 Requirements of the Passengers Act, for Statute Adults for a Voyage of days.

[merged small][merged small][merged small][merged small][graphic][table][merged small][table]

We hereby certify, that the above is a correct List of the Names and Descriptions of all the Passengers

who embarked at the Port of .

(Signed) Master.

Emigration Officer.

(Countersigned) Officer of Customs at .

Date 185 .

X.S.Lines should be ruled in the same Form for any Addition* to Vie List after the Ship first clears out; and similar Certificates be subjoined to sucli Additions according to the Requirements of tlie Act.

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