Pt. III. 288-289.

Power to exclude drunken

passengers on home-trade

(3.) The master or other officer of any such steamer, and all persons called by him to his assistance, may, without any warrant, detain any person who commits any offence against this section and whose name and address are unknown to the master or officer, and convey the offender with all convenient despatch before some justice of the peace to be dealt with according to law, and that justice shall with all convenient despatch try the case in a summary manner (b).

(4.) If any person commits an offence against this section and on the application of the master of the steamer, or any other person in the employ of the owner thereof, refuses to give his name and address, or gives a false name or address, that person shall be liable to a fine not exceeding twenty pounds, and the fine shall be paid to the owner of the steamer.

(a) See s. 274, issue of passenger steamer's certificate.

(b) Cf. the provisions of s. 313 as to emigrant ships.

As to the application of the Summary Jurisdiction Acts and the prosecution of offences generally, see ss. 680 et seq.; and see also, as to legal proceedings under this Part of the Act, ss. 356, 358, sub-s. (3).

As to the master's authority over passengers apart from statute, see Kay on Shipmasters and Seamen, 2nd ed. chap. xiii.

288. The master of any home-trade passenger steamer may refuse to receive on board thereof any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such a manner, as to cause annoyance or injury to passengers on board, and if any such person is on board, may [1854, s. 325.] put him on shore at any convenient place; and a person so refused admittance or put on shore shall not be entitled to the return of any fare he has paid.

passenger

steamers.

Preliminary survey of

For definition of "home-trade passenger steamer," see s. 742.

3. EMIGRANT SHIPS.

As to the application of these provisions, see ss. 364-368.

For definitions, see s. 268.

Certain sections under this heading are not limited to emigrant ships: e.g., ss. 332-334, penalty for failure to produce contract ticket; ss. 336-338, regulations as to ships carrying steerage passengers to the United Kingdom.

Survey of Emigrant Ships.

289.-(1.) An emigrant ship (a), in respect of which a pasemigrant ship. senger steamer's certificate (b) is not in force, shall not clear [18 & 19 Vict. outwards or proceed to sea on any voyage (c) unless she has been c. 119, s. 19; surveyed under the direction of the emigration officer (d) at the 35 & 36 Vict. port of clearance, but at the expense of the owner or charterer thereof, by two or more competent surveyors to be appointed at any port in the British Islands where there is an emigration officer by the Board of Trade (e), and at other ports by the Com

c. 73, s. 5;

39 & 40 Vict.

c. 80, s. 18.]

missioners of Customs, and has been reported by such surveyors to be in their opinion seaworthy and fit for her intended voyage. (2.) The survey shall be made before any portion of the cargo is taken on board, except so much as may be necessary for ballasting the ship, and such portion of cargo if laden on board shall be shifted, if required by the emigration officer or the surveyors, so as to expose to view successively every part of the frame of the ship.

(3.) If any such surveyors report that the ship is not seaworthy, or not fit for her intended voyage, the owner or charterer may, if he thinks fit, by writing under his hand require the emigration officer to appoint three other competent surveyors (of whom two at least must be shipwrights) to survey the ship at the expense of the owner or charterer, and the said officer shall thereupon appoint such surveyors, and they shall survey the ship and if by unanimous report under their hands, but not otherwise, they declare the ship to be seaworthy and fit for her intended voyage, the ship shall for the purposes of this Part of the Act be deemed seaworthy and fit for that voyage.

(4.) If any requirement of this section is not complied with in the case of any emigrant ship, the owner charterer or master of the ship or any of them shall for each offence be liable to a fine not exceeding one hundred pounds.

(a) Foreign emigrant ships, having foreign certificates of survey, may be exempted from further survey in certain cases. See s. 363.

(b) This section only applies to a sailing ship, because a steamship cannot be an emigrant ship" without at the same time being a 66 passenger steamer."

ss. 267, 268, 271, 274.

(c) As to what voyages this section applies to, see ss. 364, 365.

See

As to the power of the governor of a British possession to provide for surveys of emigrant ships sailing from such possession, see s. 366, sub-s. (3).

(d) As to these officers and their assistants, see s. 355.

As to fees chargeable for survey, see s. 360, sub-s. (2).

(e) These appointments are distinct from those under s. 724; though it is believed the same persons are usually appointed.

Equipments.

Pt. III.

290.

290.-(1.) Every emigrant ship (a) shall, in addition to any Equipment other requirement under this Act (b), be provided with the with comfollowing articles, namely:

(a.) with at least three steering compasses, and one azimuth compass; and

(b.) if proceeding to any place north of the Equator, with at least one chronometer; and

(c.) if proceeding to any place south of the Equator, with at least two chronometers; and

(d.) with a fire engine in proper working order and of such description and power, and either with or without such

passes, chronometers,

fire engine,

anchors, &c.
[18 & 19 Vict.
c. 119, s. 27;

51 & 52 Vict.

c.

24, 8. 8.]

Pt. III. 291-292.

Regulations

as to carrying of passengers generally.

[18 & 19 Vict. c. 119, s. 13.]

Limit of num

other apparatus for extinguishing fire as the emigration officer may approve; and

(e.) with three bower anchors of such weight and with cables of such length, size, and material, as in the judgment of the emigration officer are sufficient for the size of the ship; and

(f.) If a foreign ship, with four properly-fitted life buoys kept ready at all times for immediate use (c); and (g.) adequate means, to be approved by the emigration officer at the port of clearance, of making signals by night. (2.) If any requirement of this section is not complied with in the case of any emigrant ship, the master of that ship shall for each offence be liable to a fine not exceeding fifty pounds.

(a) This section applies to emigrant ships whether sailing or steam.

(b) See provisions as to general equipment of passenger steamers (ss. 285, 286), and the following sections of Part V. (Safety), and rules thereunder (for which see Appendix) :-Ss. 418-421 (lights and fog-signals), 427-431 (lifesaving appliances), 432 (hose), 435 (means of making distress signals, &c.).

(c) The rules as to life-saving appliances under s. 427 apply to foreign ships in certain cases. M. S. A. 1906, s. 4.

Number of, and Accommodation for, Passengers.

291.-(1.) A ship shall not carry passengers, whether cabin or steerage passengers, on more than two decks, except that cabin passengers not exceeding one for every hundred tons of the ship's registered tonnage, and sick persons placed in hospital as hereinafter provided may be carried in a poop or deck house, although passengers are carried on two other decks.

(2.) If steerage passengers are carried under the poop, or in a round house, or deck house, the poop, round house, or deck house shall be properly built and secured to the satisfaction of the emigration officer at the port of clearance.

(3.) If any requirement of this section is not complied with in the case of any ship, the master of the ship shall for each offence be liable to a fine not exceeding five hundred pounds.

This section is repealed by the M. S. A. 1906, s. 85, Sched. II., and sect. 16 of that Act now deals with the subject of the repealed section. It is as follows:

16.-(1.) A ship shall not carry passengers, whether cabin or steerage passengers, on more than one deck below the water line. (2.) If this section is not complied with in the case of any ship the master of the ship shall for each offence be liable to a fine not exceeding five hundred pounds.

For notes on this section, see post, p. 476.

292.-(1.) The number of steerage passengers carried in an ber of steerage emigrant ship shall not exceed the number limited by the regulations in the Tenth Schedule to this Act (a).

passengers to be carried

Pt. III.

on emigrant

(2.) If there is on board any emigrant ship at or after the 293–294. time of clearance a greater number of steerage passengers than the number so limited (except as increased by births at sea), the master of the ship shall be liable to a fine not exceeding twenty pounds for each steerage passenger constituting such excess.

(a) The Tenth Schedule is to be repealed by M. S. A. 1906, s. 85, Sched. II., as from the date when new regulations, &c. are made by the Board of Trade; then the reference to this schedule is to be construed as a reference to such regulations, &c. See M. S. A. 1906, s. 17.

ships.

[18 & 19 Vict. c. 119, s. 14.]

293.—(1.) The regulations as to the accommodation for Regulations steerage passengers in the Eleventh Schedule (a) to this Act, as to accomrelating to the construction of passenger decks, to berths, to steerage pashospitals, to privies, and to the supply of light and ventilation, sengers. shall be observed in the case of all emigrant ships as if they [18 & 19 Vict. were contained in this section.

(2.) If any requirement of this section is not complied with in the case of any emigrant ship, the owner, charterer, or master of the ship or any of them shall for each offence be liable to a fine not exceeding fifty pounds, except that the master shall alone be liable to the fine where he is in any such regulation. expressed to be alone liable.

(a) The Eleventh Schedule is to be repealed by M. S. A. 1906, s. 85, Sched. II., as from the date when new regulations, &c. are made by the Board of Trade. Then the reference to this schedule is to be construed as a reference to such regulations, &c. See M. S. A. 1906, s. 17.

c. 119, ss. 20 -26.]

c. 119, s. 29.]

294.-(1.) No part of the cargo or of the steerage passengers' Stowage of luggage, or of the provisions, water, or stores, whether for the goods. use of the steerage passengers or of the crew, shall be carried on [18 & 19 Vict. the upper deck or on the passenger decks, unless in the opinion. of the emigration officer (a) at the port of clearance the same is so placed as not to impede light or ventilation or to interfere with the comfort of the steerage passengers, nor unless the same is stowed and secured to the satisfaction of the emigration officer; and the space thereby occupied or rendered in the opinion of such officer unavailable for the accommodation of the steerage passengers, shall (unless occupied by the said steerage passengers' luggage) be deducted in calculating the space by which the number of steerage passengers is regulated.

(2.) If any requirement of this section is not complied with in the case of any emigrant ship, the owner, charterer, or master or any of them shall for each offence be liable to a fine not exceeding three hundred pounds (b).

(a) As to this officer, see s. 355.

(b) As to the passengers' remedy for breach of contract, see ss. 321, 310.

Pt. III. 295.

Supply of provisions and water.

[18 & 19 Vict. c. 119, 88. 31, 32.]

Provisions, Water, and Medical Stores.

295.-(1.) There shall be placed on board every emigrant ship, for the steerage passengers provisions and water of good and wholesome quality and in sweet and good condition, and in quantities sufficient to secure throughout the voyage the issues required by this Part of this Act (a).

(2.) In addition to the allowance of pure water for each steerage passenger, water shall be shipped for cooking purposes sufficient to supply ten gallons for every day of the length of the voyage as determined under this Part of this Act (b) for every one hundred statute adults (c) on board.

(3.) There shall also be shipped for the use of the crew and all other persons on board an ample amount of wholesome provisions and pure water, not inferior in quality to the provisions and water provided for the steerage passengers.

(4.) All such water and provisions shall be provided and stowed away by and at the expense of the owner, charterer, or master of the ship.

(5.) If any emigrant ship obtains a clearance without being provided with the requisite quantities of water and provisions in accordance with this section, the owner, charterer, or master of that ship or any of them shall for each offence be liable to a fine not exceeding three hundred pounds.

(6.) Before an emigrant ship is cleared outwards, the emigration officer (d) at the port of clearance shall survey or cause to be surveyed by some competent person the provisions and water by this Act required to be placed on board for the steerage passengers, and shall satisfy himself that the same are of good and wholesome quality and in sweet and good condition, and in the quantities required by this Act (a).

(7.) If the emigration officer considers that any part of the provisions or water is not of a good and wholesome quality, or is not in sweet and good condition, he may reject and mark the same, or the packages or vessels in which it is contained, and direct the same to be forthwith landed or emptied.

(8.) If the same are not forthwith landed or emptied, or if after being landed the same or any part thereof are reshipped in the ship, the owner, charterer, or master of the ship or any of them, or, if the same are shipped in any other emigrant ship, then the person causing the same to be so shipped, shall for each offence be liable to a fine not exceeding one hundred pounds.

(a) See s. 298 and M. S. A. 1906, s. 17, as to these requirements; ibid. s. 18, as to posting up of scales; and s. 324 (iv.), as to distilled water.

(b) See s. 269, as to scale for determining length of voyage.

(c) For definition, see s. 268, sub-s. (2).

(d) As to this officer, see s. 355.