Pt. III. 305.

Crew of emigrant ship.

[18 & 19 Vict. c. 119, s. 28.]

cooks, who shall be seafaring men, and be rated and approved as in the case of steerage stewards, and shall be employed in cooking the food of the steerage passengers.

(3.) In every such ship a convenient place for cooking shall be set apart on deck, and a sufficient cooking apparatus, properly covered in and arranged, shall be provided, to the satisfaction of the emigration officer at the port of clearance, together with a proper supply of fuel adequate, in his opinion, for the intended

voyage.

(4.) Every foreign emigrant ship in which as many as onehalf of the steerage passengers are British subjects, shall, unless the master and officers or not less than three of them understand and speak intelligibly the English language, carry, if the number of steerage passengers does not exceed two hundred and fifty, one person, and if it exceeds two hundred and fifty, two persons, who understand and speak intelligibly the language spoken by the master and crew and also the English language: those persons shall act as interpreters, and be employed exclusively in attendance on the steerage passengers, and not in working the ship; and any such ship shall not clear outwards or proceed to sea without having such interpreter on board (a).

(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 fifty pounds.

(a) Cf. note (c) to s. 303.

66

(b) Besides the " 'steerage cook" required by this section to be rated in the ship's articles, a certificated cook," rated as ship's cook, must be carried if the emigrant ship is of 1,000 tons gross registered tonnage or upwards: see M. S. A. 1906, s. 27 (4).

305.-(1.) Every emigrant ship shall be manned with an efficient crew for her intended voyage, to the satisfaction of the emigration officer from whom a certificate for clearance for such ship is demanded (a) after the crew have been passed by the emigration officer, the strength of the crew shall not be diminished nor any of the men changed (6) without the consent in writing either of that emigration officer or of the superintendent at the port of clearance.

(2.) Where the consent of a superintendent has been obtained, it shall, within twenty-four hours thereafter, be lodged with the said emigration officer.

(3.) If the emigration officer considers the crew inefficient, the owner or charterer of the ship may appeal in writing to the Board of Trade, and the Board shall, at the expense of the appellant, appoint two other emigration officers or two competent persons to examine into the matter, and the unanimous opinion of the persons so appointed, expressed under their hands, shall be conclusive on the point.

(4.) If any requirement of this section is not complied with

Pt. III.

in the case of any emigrant ship, the master of that ship shall 306-307. for each offence be liable to a fine not exceeding fifty pounds.

(a) See ss. 314 et seq., as to certificate of clearance.

(b) For the general provisions as to change of crew in a foreign-going ship, see s. 117.

Medical Inspection.

inspection of
steerage

and crew.
[18 & 19 Vict.
36 & 37 Vict.

c. 119, s. 44;

306.—(1.) An emigrant ship shall not clear outwards or Medical proceed to sea until(a.) either a medical practitioner, appointed by the emigra- passengers tion officer at the port of clearance, has inspected all the steerage passengers and crew about to proceed in the ship, and has certified to the emigration officer, and that officer is satisfied, that none of the steerage passengers or crew appear to be by reason of any bodily or mental disease unfit to proceed, or likely to endanger the health or safety of the other persons about to proceed in the ship; or

(b.) the emigration officer, if he cannot on any particular occasion obtain the attendance of a medical practitioner, grants written permission for the purpose.

(2.) The inspection shall take place either on board the ship, or, in the discretion of the emigration officer, at such convenient place on shore before embarkation, as he appoints, and the master, owner, or charterer of the ship shall pay to the emigration officer in respect of the inspection such fee not exceeding twenty shillings for every hundred persons or fraction of a hundred persons inspected, as the Board of Trade determine.

(3.) If 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.

c. 85, s. 30,. Sched. III.]

medical

reasons.

307.-(1.) If the emigration officer is satisfied that any Relanding of person on board or about to proceed in any emigrant ship is by persons for reason of sickness unfit to proceed, or is for that or any other reason in a condition likely to endanger the health or safety of [18 & 19 Vict. the other persons on board, the emigration officer shall prohibit c. 119, Es. 45, the embarkation of that person, or, if he is embarked, shall 47.] require him to be relanded; and if the emigration officer is satisfied that it is necessary for the purification of the ship or otherwise that all or any of the persons on board should be relanded, he may require the master of the ship to reland all those persons, and the master shall thereupon reland those persons, with so much of their effects and with such members of their families as cannot in the judgment of such emigration officer be properly separated from them.

(2.) If any requirement of this section is not complied with in the case of any emigrant ship, the master owner or charterer

Pt. III.

308-309. of the ship, or any of them, shall for each offence be liable to a fine not exceeding two hundred pounds.

Return of passage money to persons relanded for medical

reasons.

[18 & 19 Vict. c. 119, s. 46;

26 & 27 Vict.

c. 51, s. 11.]

Bond to be given by master of emigrant ship.

[18 & 19 Vict.

c. 19, s. 63; 26 & 27 Vict.

c. 51, s. 17.]

(3.) If any person embarks when so prohibited to embark, or fails without reasonable cause to leave the ship when so required to be relanded, that person may be summarily removed, and shall be liable to a fine not exceeding forty shillings for each day during which he remains on board after the prohibition or requirement.

(4.) Upon such relanding the master of the ship shall pay to each steerage passenger so relanded, or, if he is lodged and maintained in any hulk or establishment under the superintendence of the Board of Trade, then to the emigration officer at the port, subsistence money at the rate of one shilling and sixpence a day for each statute adult until he has been reembarked or declines or neglects to proceed, or until his passage money, if recoverable under this Part of this Act, has been returned to him.

308. When a person has been relanded from an emigrant ship on account of the sickness of himself or of any member of his family, and is not re-embarked or does not finally sail in that ship, he, or any emigration officer on his behalf, shall be entitled, on delivery up of his contract ticket, and notwithstanding that the ship has not sailed, to recover summarily, in the case of a steerage passenger the whole, and in the case of a cabin passenger one half, of the money paid by or on account of the passenger and of the members of his family relanded, from the person to whom the same was paid, or from the owner, charterer, or master of the ship, or any of them, at the option of the person recovering the same.

As to the recovery of such sums by certain officers, besides the emigration officer, on behalf of the persons entitled, see s. 357.

Master's Bond.

For exemption as to colonial voyages, see s. 365.

309.-(1.) Before an emigrant ship clears outwards or proceeds to sea, the master, together with the owner or charterer, or in the event of the owner or charterer being absent or being the master, one other good and sufficient person approved by the chief officer of customs at the port of clearance, shall enter into a joint and several bond (a) (in this Act referred to as the master's bond) in the sum of two thousand pounds, to the Crown.

(2.) The bond shall be executed in duplicate, and shall not be liable to stamp duty.

(3.) Where neither the owner nor the charterer of an emigrant ship resides in the British Islands, the bond shall be for the sum of five thousand instead of two thousand pounds, and shall contain an additional condition for the payment to the Crown,

Pt. III.

as a Crown debt, of all expenses incurred under this Act in 310-311. rescuing, maintaining, and forwarding to their destination, any steerage passengers carried in the ship who by reason of shipwreck or any other cause, except their own neglect or default, are not conveyed by or on behalf of the owner, charterer, or master of the ship to their intended destination.

(a) With the sanction of the Board of Trade, this bond may now be in the form of a continuing bond. See M. S. A. 1906, s. 20.

As to form of bond, see s. 360, sub-s. (1), and 14th Schedule, Form 1, and M. S. A. 1906, ss. 17, 20 (2), 85, Sched. II.

As to insertion in bond of an engagement to call at intermediate port for water, see s. 297.

310.-(1.) Where an emigrant ship is bound to a British Evidence of possession the chief officer of customs at the port of clearance bond. shall certify on one part of the master's bond that it has been [18 & 19 Vict. c. 119, s. 64.] duly executed by the master of the ship and the other person bound, and shall forward the same to the governor of the said possession or to such person as the governor may appoint for that purpose (a).

(2.) The certificate shall, in any court of a British possession in which the bond may be put in suit, be conclusive evidence of the due execution of the bond by the master and the other person bound, and it shall not be necessary to prove the handwriting of the officer of customs who signed the certificate, nor that he was at the time of signing it chief officer of customs at the port of clearance.

(3.) (6) Any such bond shall not be put in suit in a British possession after the expiration of three months next after the arrival of the ship in that possession, nor in the British Islands (c) after the expiration of twelve months next after the return of the ship and of the master to the British Islands (c).

(a) The governor or person appointed by him is substituted for the Colonial Secretary in the repealed section.

(b) The Board of Trade may make regulations for adapting the provisions of this section to the case of a continuing bond: see M. S. A. 1906, s. 20 (2); and this sub-section shall have effect with respect to every voyage of the ship during the continuance of such a bond, and references to the arrival of the ship and the return of the ship shall be construed as references to the arrival of the ship and the return of the ship after any voyage, so far as respects matters happening during or in connection with the voyage: ibid. sub-s. (3).

(c) In the repealed Passengers Act, 1855, the expression "United Kingdom" was here used, and was by s. 3 given a meaning equivalent to that now given to "British Islands" by the Interpretation Act, 1889, s. 18.

Passengers' Lists.

311.-(1.) The master of every ship carrying steerage pas- Passengers' sengers on a voyage from the British Islands to any port out of lists. Europe and not within the Mediterranean Sea, or on a colonial [18 & 19 Vict. voyage as herein-before defined (a), shall, before demanding a 26 & 27 Vict.

c. 119, s. 16;

c. 51, s. 6.]

Pt. III. 312.

Lists of pas

sengers embarked after clearance.

[18 & 19 Vict.

c. 119, s. 17;

26 & 27 Vict. c. 51, s. 6.]

clearance for his ship, sign in duplicate a passengers' list, that is to say a list correctly setting forth the name and other particulars of the ship and of every passenger, whether cabin or steerage, on board thereof (b).

(2.) The passengers' list shall be countersigned by the emigration officer if there is one at the port, and then delivered by the master to the officer of customs from whom a clearance is demanded, and that officer shall thereupon countersign and return to the master one duplicate (in this Part of this Act referred to as the "master's list "), and shall retain the other duplicate.

(3.) If any requirement of this section to be observed by the master is not complied with in the case of any ship or any passengers' list is wilfully false, the master of the ship shall for each offence be liable to a fine not exceeding one hundred pounds.

(a) See s. 270, definition of "colonial voyage."

(b) As to form, see s. 360, sub-s. (1), 14th Schedule, Form II., and M. S. A. 1906, ss. 17, 85, and Schedule 11.

312.-(1.) If at any time after the passengers' list has been signed and delivered as aforesaid any additional passenger (whether cabin or steerage) is taken on board, the master shall add to the master's list, and also enter on a separate list signed by him the names and other particulars of every such additional passenger.

(2.) The separate list shall be countersigned by the emigration officer (a), where there is one at the port, and shall, together with the master's list to which the addition has been made, be delivered to the chief officer of customs at the port, who shall thereupon countersign the master's list, and return the same to the master, and shall retain the separate list, and so on in like manner whenever any additional passenger is taken on board.

(3.) If there is no officer of customs (b) stationed at the port where an additional passenger is taken on board, the said lists shall be delivered to the officer of customs at the next port having such an officer at which the vessel arrives, to be dealt with as herein-before mentioned.

(4.) When any additional passenger is taken on board the master shall, before the ship proceeds to sea, obtain a fresh certificate from the emigration officer of the port that all the requirements of this Part of this Act have been complied with (c).

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

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

(b) See definition of "chief officer of customs," B. 742.

(c) See s. 314, certificate of clearance.