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Pt. III. 296. (1.) The water to be placed on board emigrant ships 296-293. as herein before provided shall be carried in tanks or casks Mode of approved by the emigration officer at the port of clearance, and carrying the casks shall be sweet and tight, of sufficient strength, and if water. of wood properly charred inside, and the staves shall not be [18 & 19 Vict. made of fir, pine, or soft wood, and each cask shall not be c. 119, s. 33.] capable of containing more than three hundred gallons.

(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.

As to the use of distilling apparatus and the carriage of distilled water, see s. 324 (iv.).

intermediate

297. If an emigrant ship is intended to call at any inter- Provision for mediate port during the voyage for the purpose of taking in touching at water, and if an engagement to that effect is inserted in the ports to take master's bond hereinafter mentioned (a), it shall be sufficient to in water. place on board at the port of clearance such supply of water as [18 & 19 Vict. is required by this Part of this Act for the voyage to the inter- c. 119, s. 34.] mediate port, subject to the following conditions; that is to

say,

(i.) the emigration officer at the port of clearance shall
approve in writing the arrangement, and the approval
shall be carried among the ship's papers, and shall be
exhibited at the intermediate port and delivered on the
arrival of the ship at her final port of discharge to the
chief officer of customs, or British consular officer, as
the case may be :

(ii.) if the length of either portion of the voyage, whether to
the intermediate port, or from the intermediate port
to the final port of discharge, is not determined under
this Part of this Act (b), the emigration officer at the
port of clearance shall declare the same in writing as
part of his said approval of the arrangement:
(iii.) the ship shall have on board at the time of clearance
such tanks and water casks of the description by this
Part of this Act required, as are sufficient for stowing
the quantity of water required for the longest of the
aforesaid portions of the voyage.

(a) See s. 309 and M. S. A. 1906, s. 20, as to master's bond.
(b) See s. 269, as to scale for determining length of voyage.

298.-(1.) The master of every emigrant ship shall during Issue of water the voyage (a), including the time of detention at any place or provisions before the termination thereof, issue to each steerage passenger, voyage. during or where the steerage passengers are divided into messes, to the [18 & 19 Vict.

c. 119, ss. 35,

Pt. III.

36, 37; 26 & 27
Vict. c. 51,
Es. 9, 10.]

299-300. head man for the time being of each mess, on behalf and for the use of all the members thereof, an allowance of pure water, and sweet and wholesome provisions of good quality, in accordance with the dietary scales in the Twelfth Schedule () to this Act, which shall have effect as if they were contained in this section (c). (2.) The Board of Trade may, by notice published in the London Gazette, add to the dietary scales in the said schedule any dietary scale which in their opinion contains in the whole the same amount of wholesome nutriment as any scale in that schedule, and any dietary scale so added, inclusive of any regulations relating thereto, shall have effect as if they were contained in the said schedule as an alternative of the dietary scales therein contained, and accordingly a master of a ship may issue provisions according to the latter scales or to any scale so added, whichever is mentioned in the contract ticket of the steerage passengers (d).

Power of
Board of
Trade to

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

(a) For the voyages to which the provisions as to emigrant ships apply, see ss. 364 et seq. For a corresponding regulation as to certain other voyages, see

B. 338.

(b) This 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) As to steerage passengers contracting to supply their own provisions on colonial voyages of less than three weeks, see s. 365, sub-s. (3); and as to dietary scales on voyages from British possessions, see s. 366; and from India, s. 368.

(d) The alternative scale in force on 1st June, 1907, is that of 26th April, 1856, saved by s. 745. See Appendix, p. 624. This scale was issued by the Emigration Commissioners under the corresponding power in the Passengers Act, 1855 (transferred to the Board of Trade by M. S. A. 1872).

299. The Board of Trade if satisfied that the food, space, accommodation, or any other particular or thing provided in an emigrant exempt ships. ship for any class of passengers, whether cabin or steerage, is superior [39 & 40 Vict. to the food, space, accommodation, or other particular or thing required by this Part of this Act, may exempt that ship from any requirement of this Part of this Act with respect to food, space, or accommodation, or other particular or thing, in such manner and upon such conditions as the Board think fit.

c. 80, s. 20.]

Medical stores.

This section is repealed by the M. S. A. 1906, s. 85, Sched. II. For power of Board of Trade to exempt a ship from any specified requirements of the M. S. Acts, see M. S. A. 1906, s. 78.

300.-(1.) The owner or charterer of every emigrant ship shall provide for the use of the steerage passengers a supply of [18 & 19 Vict. the following things (in this Part of this Act referred to as c. 119, ss. 43, 44.] medical stores), namely, medicines, medical comforts, instruments, disinfectants, and other things proper and necessary for

diseases and accidents incident to sea voyages and for the medical treatment of the steerage passengers during the voyage, with written directions for the use of such medical stores.

(2.) The medical stores shall, in the judgment of the emigration officer at the port of clearance, be good in quality and sufficient in quantity (a) for the probable exigencies of the intended voyage, and shall be properly packed, and placed under the charge of the medical practitioner, when there is one on board, to be used at his discretion.

(3.) If any of the above requirements of this section is not complied with in the case of an emigrant ship, the master of the ship shall for each offence be liable to a fine not exceeding fifty pounds.

(4.) An emigrant ship shall not clear outwards or proceed to sea unless a medical practitioner appointed by the emigration officer at the port of clearance has inspected the said medical stores, and certified to the emigration officer that they are sufficient in quantity and quality, or unless the emigration officer, in case he cannot on any particular occasion obtain the attendance of a medical practitioner, gives written permission for the purpose.

(5.) If an emigrant ship clears outwards or proceeds to sea without such certificate or permission, the master of the ship shall for each offence be liable to a fine not exceeding one hundred pounds.

(a) The quantity of medicines, &c. now (1st June, 1907) to be provided for the use of steerage passengers under the provisions here re-enacted are set out in Board of Trade notices, 1903, No. 1162, 1163.

(i.) For North Atlantic steamships clearing under the Passengers Acts (M. S. A. 1894, Part III.).

(ii.) For ships clearing under the same, other than steamships in the North Atlantic trade.

For these notices, see Appendix, p. 626 et seq.

As to medical stores on voyages from British possessions, see s. 366.

Dangerous Goods, and Carriage of Cattle.

Pt. III.

301

301.-(1.) Subject to the provisions of this Part of this Act Regulations as to military stores (a), an emigrant ship shall not clear outwards as to carriage or proceed to sea, if there is on board

of dangerous
goods, and
of horses

and cattle.
38 & 39 Vict.

c. 17.

c. 17, s. 42;

(a.) as cargo, any article which is an explosive within the meaning of the Explosives Act, 1875 (b), or any vitriol, lucifer matches, guano, or green hides, or (b.) either as cargo or ballast, any article or number of [38 & 39 Vict. articles which by reason of the nature, quantity, or 18 & 19 Vict. mode of stowage thereof are, either singly or collec- c. 119, s. 29; tively, in the opinion of the emigration officer (c) at 26 & 27 Vict. the port of clearance, likely to endanger the health or lives of the steerage passengers or the safety of the ship, or

c. 51, s. 8.]

T.

N

Pt. III. 302-303.

Carriage of military

stores.

(c.) as cargo, horses or cattle or other animals mentioned in the Thirteenth Schedule (d) to this Act, except they are carried on the conditions stated in that schedule, which shall have effect as if contained in this section. (2.) If any requirement of this section is not complied with in the case of any ship, the owner charterer or master of the ship or any of them, shall for each offence be liable to a fine not exceeding three hundred pounds.

(a) See next section.

(b) "Explosive" means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate of mercury or of other metals, coloured fires, and every other substance, whether similar to those above-mentioned or not, used or manufactured with a view to produce a practical effect by explosion or by a pyrotechnic effect; and includes fog signals, fireworks, fuzes, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined; and such other substances as have been declared by Order in Council to be explosive. See Explosives Act, 1875, ss. 3, 104, 106, or St. R. & O. Rev., title Explosive Substance, and St. R. & O. for years since 1903.

(c) This schedule is to be repealed by the 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.

(d) See Steel v. Schomberg (1855), 24 L. J. Q. B. 87; 4 E. & B. 620.

302.-(1.) A Secretary of State may, by order under his hand, authorise the carriage as cargo in any emigrant ship [33 & 34 Vict. (subject to such conditions and directions as may be specified in the order) of naval and military stores for the public service, and those stores may be carried accordingly.

c. 95.]

Medical

(2.) The order shall be addressed to the emigration officer and shall be by him countersigned, and delivered to the master of the ship to which it refers, and shall be delivered up by the master to the chief officer of customs at the port where the stores are discharged.

(3.) The master shall comply with all the conditions and directions in the order, and, if he fails to do so, shall for each offence be liable to a fine not exceeding three hundred pounds.

Medical Officer, Staff, and Crew.

303.-(1.) Subject to any regulations made by Order in practitioners. Council under this Part of this Act (a), a duly authorised [18 & 19 Vict. medical practitioner shall be carried on board an emigrant

c. 119, ss. 41,

42.]

ship

(a.) where the number of steerage passengers (6) on board exceeds fifty; and also

(b.) where the number of persons on board (including cabin passengers, officers, and crew) exceeds three hundred.

(2.) A medical practitioner shall not be considered to be duly authorised for the purposes of this Act unless

(a.) he is authorised by law to practise as a legally qualified medical practitioner in some part of Her Majesty's dominions, or, in the case of a foreign ship, in the country to which that ship belongs: and

(b.) his name has been notified to the emigration officer at the port of clearance, and has not been objected to by him: and

(c.) he is provided with proper surgical instruments to the satisfaction of that officer.

(3.) When the majority of the steerage passengers in any emigrant ship, or as many as three hundred of them, are foreigners, any medical practitioner whether authorised or not may, if approved by the emigration officer, be carried therein.

(4.) Where a medical practitioner is carried on board an emigrant ship he shall be rated on the ship's articles (c).

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

(6.) If any person proceeds or attempts to proceed as medical practitioner in any emigrant ship without being duly authorised, or contrary to the requirements of this section, that person and any person aiding and abetting him shall for each offence be liable to a fine not exceeding one hundred pounds.

Cf. s. 209, as to medical practitioners on board certain foreign-going ships. (a) See s. 324, for power by Order in Council to make additional sanitary and other regulations.

(b) For definition, see s. 268, as amended by M. S. A. 1906, s. 14.

(c) The term "ship's articles” is the popular appellation of that which is now defined in s. 113 as the " agreement with the crew." Apart from s. 303 it would appear that a medical practitioner "employed or engaged on board any ship" is within the definition of a "seaman" in s. 742, and must therefore, under s. 113, sign the agreement with the crew.

Pt. III.

304.

stewards,

304.-(1.) Every emigrant ship, if carrying as many as one Steerage hundred steerage passengers, shall carry a steerage steward, who passengers' shall be a seafaring man, and rated in the ship's articles (a) as cooks, and steerage steward, and approved by the emigration officer at the interpreters. port of clearance: he shall be employed in messing and serving [18 & 19 Vict. out the provisions to the steerage passengers, and in assisting to c. 119, ss. 38 -40.] maintain cleanliness, order, and good discipline among them, and shall not assist in any way in navigating or working the ship.

(2.) Every emigrant ship carrying as many as one hundred steerage passengers shall also carry a steerage cook (b), and if carrying more than three hundred statute adults two steerage

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