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Pt. III.

276.-(1.) The Board of Trade shall transmit the passenger 276-279. steamer's certificate in duplicate to a superintendent or some Transmission other public officer at the port mentioned by the owner of the of certificate. steamer for the purpose, or at the port where the owner or his [1854, s. 313.] agent resides, or where the steamer has been surveyed or is for the time lying.

(2.) The Board of Trade shall cause notice of the transmission to be given to the master or owner or his agent, and the officer to whom the certificate has been transmitted shall, on the owner, master, or agent applying and paying the proper fee and other sums (if any) mentioned in this Act as payable in that behalf, deliver to him both copies of the certificate.

(3.) In proving the issue of a passenger steamer's certificate it shall be sufficient to show that the certificate was duly received by the said officer, and that due notice of the transmission was given to the owner, master, or agent.

ficate.

277. The grantee of a passenger steamer's certificate shall Fees for certipay such fees, not exceeding those specified in Part One of the Ninth Schedule to this Act, as the Board of Trade fix.

As to penalty for receiving improper fees, see s. 360, sub-s. (3).

[1854, s. 314; 35 & 36 Vict. c. 73, s. 8.]

certificates.

278.-(1.) A passenger steamer's certificate shall not be in Duration of force for more than one year from the date of its issue, or any shorter time specified in the certificate, nor after notice is given 1862, 8, 34; by the Board of Trade to the owner, agent, or master of the steamer, that the Board have cancelled it.

(2.) If a passenger steamer is absent from the United Kingdom at the time when her certificate expires, a fine shall not be incurred for want of a certificate until she first begins to ply with passengers after her next return to the United Kingdom.

As to what amounts to "plying with passengers," see note to s. 267.

s.

35 & 36 Vict. c. 73, s. 8.]

279.-(1.) The Board of Trade may cancel a passenger Cancellation steamer's certificate where they have reason to believe

of certificate.

(a.) that any declaration of survey on which the certificate [1854, s. 316.] was founded has been in any particular made fraudulently or erroneously; or

(b.) that the certificate has been issued upon false or erroneous

information; or

(c.) that since the making of the declaration, the hull, equipments, or machinery have sustained any injury, or are otherwise insufficient.

(2.) In every such case the Board of Trade may require the owner to have the hull equipment or machinery of the steamer again surveyed, and to transmit further declarations of survey, before they re-issue the certificate or grant a fresh one in lieu thereof.

Pt. III. 280-283.

Delivery up of certificate.

[1854, s. 315.]

Posting up

[1854, ss. 317, 318.]

280.-(1.) The Board of Trade may require a passenger steamer's certificate, which has expired or been cancelled, to be delivered up as they direct.

(2.) If any owner or master fails without reasonable cause to comply with such requirement, he shall for each offence be liable to a fine not exceeding ten pounds.

on

281.-(1.) The owner or master of every passenger steamer of certificate. required to have a passenger steamer's certificate shall forthwith the receipt of the certificate by him or his agent cause one of the duplicates to be put up in some conspicuous place on board the steamer, so as to be legible to all persons on board, and to be kept so put up and legible while the certificate remains in force, and the steamer is in use.

Penalty for forgery of certificate or declaration.

[1854, s. 320.]

Penalty for carrying passengers

in excess.

(2.) If the owner or master fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding ten pounds (a).

(3.) If a passenger steamer plies (b) or goes to sea with passengers on board, and this section is not complied with, then for each offence the owner thereof shall be liable to a fine not exceeding one hundred pounds, and the master shall also be liable to a further fine not exceeding twenty pounds (a).

(a) As to the consequence of not having a certificate, see s. 271 and note thereto. M. S. A. 1906, s. 21, does not appear to apply to this section.

(b) As to the meaning of " passenger" and "passenger steamer," sce s. 267; and as to what amounts to "plying" within this section, see Hedges v. Hooker, there cited.

282. If any person

(a.) knowingly and wilfully makes, or assists in making, or
procures to be made, a false or fraudulent declaration
of survey or passenger steamer's certificate; or
(b.) forges, assists in forging, procures to be forged,
fraudulently alters, assists in fraudulently altering,
or procures to be fraudulently altered, any such
declaration or certificate, or anything contained in,
or any signature to any such declaration or cer-
tificate;

that person shall in respect of each offence be guilty of a
misdemeanor.

As to the punishment of misdemeanors, see s. 680.

283. The owner or master of any passenger steamer shall not receive on board thereof, or on or in any part thereof, any number of passengers which, having regard to the time, occasion, [1854, s. 319.] and circumstances of the case, is greater than the number allowed by the passenger steamer's certificate, and if he does so, he shall for each offence be liable to a fine not exceeding twenty pounds,

Pt. III.

and also to an additional fine not exceeding five shillings for 284 285. every passenger above the number so allowed, or if the fare of any passenger on board exceeds five shillings, not exceeding double the amount of the fares of all the passengers above the number so allowed, reckoned at the highest rate of fare payable by any passenger on board.

By M. S. A. 1906, s. 22, it is an offence under this section to "have on board" as well as to "receive on board more passengers than the certificate permits. See notes to s. 281.

certificates

284. Where the legislature of any British possession provides Colonial for the survey of, and grant of certificates for, passenger steamers, for passenger and the Board of Trade report to Her Majesty the Queen that steamers. they are satisfied that the certificates are to the like effect, and [39 & 40 Vict. are granted after a like survey, and in such manner as to be c. 80, s. 17.] equally efficient with the certificates granted for the same purpose in the United Kingdom under this Act, Her Majesty in Council may

(1.) declare that the certificates granted in the said British possession shall be of the same force as if granted under this Act; and

(2.) declare that all or any of the provisions of this Part of this Act which relate to passenger steamers' certificates shall, either without modification or with such modifications as to Her Majesty may seem necessary, apply to the certificates granted in the said British possession;

and (3.) impose such conditions and make such regulations with respect to the certificates, and to the use, delivery, and cancellation thereof, as to Her Majesty may seem fit, and impose fines not exceeding fifty pounds for the breach of those conditions and regulations.

Orders in Council made under the repealed section remain in force under this Act by virtue of s. 745. The following is a list of such Orders now in force :As to South Australia, 14th Feb., 1883; Bengal, 17th Oct., 1884; Bombay, 26th June, 1884; New Zealand, 26th Nov., 1886; New South Wales, 23rd Nov., 1893; Queensland, 8th March, 1895; Tasmania, 21st Nov., 1895; Victoria, 8th March, 1895; Mauritius, 27th Feb., 1905. See Appendix, p. 614.

General Equipment of Passenger Steamers.

285.-(1.) A sea-going (a) passenger steamer shall have her Equipment compasses properly adjusted from time to time, to the satisfaction of passenger of the shipwright surveyor (b) and according to such regulations as may be issued by the Board of Trade (c).

(2.) A sea-going passenger steamer shall be provided with a hose capable of being connected with the engines of the steamer, and adapted for extinguishing fire in any part of the steamer (c).

steamers with compasses,

hose, deck shelters and safety appli

ances.

[1854, s. 501.]

Pt. III. 286-287.

Prohibition

weight on

(3.) A home-trade passenger steamer shall be provided with such shelter for the protection of deck passengers (if any) as the Board of Trade, having regard to the nature of the passage, the number of deck passengers to be carried, the season of the year, the safety of the ship, and the circumstances of the case, require. (4.) A passenger steamer shall be provided with a safety valve on each boiler, so constructed as to be out of the control of the engineer when the steam is up, and, if the safety valve is in addition to the ordinary valve, so constructed as to have an area not less, and a pressure not greater, than the area of and pressure on the ordinary valve (d).

(5.) If a passenger steamer plies (e) or goes to sea from a port in the United Kingdom without being equipped as required by this section, then, for each matter in which default is made, the owner (if in fault) shall be liable to a fine not exceeding one hundred pounds, and the master (if in fault) shall be liable to a fine not exceeding fifty pounds.

See also the requirements of s. 435 as to provision for making distress signals, inextinguishable lights, and life-buoys.

(u) As to the meaning of "sea-going," see Salt Union v. Wood, supra (s. 260).
(b) Now a 'ship surveyor," see M. S. A. 1906, s. 75. As to such surveyors,

see s. 724.

(c) See also s. 432 (compasses and fire-hose); and as to the saving of existing regulations, see s. 745.

(d) See also ss. 272, sub-s. 4 (d), 286, 433, as to limit of weight on safety valves.

(e) As to the meaning of "plies," see note to s. 267, citing Hedges v. Hooker.

286. A person shall not increase the weight on the safety of increasing valve of a passenger steamer beyond the limits fixed by the safety-valve. Surveyor (a), and, if he does so, he shall, in addition to any other [1854, s. 302.] liability he may incur by so doing, be liable for each offence to a fine not exceeding one hundred pounds.

Offences in connexion with passenger steamers. [1854, s. 324; 1862, ss. 35, 36, 37.]

(a) See s. 272, sub-s. (4) (d). S. 433 prohibits the placing of an undue weight on the safety valve of any steamship.

Keeping Order in Passenger Steamers.

287.-(1.) If any of the following offences is committed in the case of a passenger steamer for which there is a passenger steamer's certificate (a) in force; that is to say,

(a.) If any person being drunk or disorderly has been on that account refused admission thereto by the owner or any person in his employment, and, after having the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer:

(b.) If any person being drunk or disorderly on board the steamer is requested by the owner or any person in his

employ to leave the steamer at any place in the United
Kingdom, at which he can conveniently do so, and,
after having the amount of his fare (if he has paid it)
returned or tendered to him, does not comply with the
request:

(c.) If any person on board the steamer, after warning by the
master or other officer thereof, molests or continues to
molest any passenger:

(d.) If any person, after having been refused admission to the steamer by the owner or any person in his employ on account of the steamer being full, and having had the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer :

(e.) If any person having gone on board the steamer at any place, and being requested, on account of the steamer being full, by the owner or any person in his employ to leave the steamer, before it has quitted that place, and having had the amount of his fare (if he has paid it) returned or tendered to him, does not comply with that request:

(f.) If any person travels or attempts to travel in the steamer without first paying his fare, and with intent to avoid payment thereof (b):

(g.) If any person, having paid his fare for a certain distance, knowingly and wilfully proceeds in the steamer beyond that distance without first paying the additional fare for the additional distance, and with intent to avoid payment thereof:

(h.) If any person on arriving in the steamer at a point to which he has paid his fare knowingly and wilfully refuses or neglects to quit the steamer and

(i.) If any person on board the steamer fails, when requested by the master or other officer thereof, either to pay his fare, or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare for the

steamer:

the person so offending shall for each offence be liable to a fine not exceeding forty shillings, but that liability shall not prejudice the recovery of any fare payable by him.

(2.) If any person on board any such steamer wilfully does or causes to be done anything in such a manner as to obstruct or injure any part of the machinery or tackle of the steamer, or to obstruct, impede, or molest the crew, or any of them, in the navigation or management of the steamer, or otherwise in the execution of their duty on or about the steamer, he shall for each offence be liable to a fine not exceeding twenty pounds.

Pt. III.

287.

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