Pt. III. ment. 313.-(1.) If a person is found on board an emigrant ship 313-315. with intent to obtain a passage therein without the consent of Attempt to the owner, charterer, or master thereof, he and any person gain passage aiding and abetting him, shall be liable to a fine not exceeding without paytwenty pounds, and in default of payment to imprisonment for a period not exceeding three months, with or without hard labour. [18 & 19 Vict. (2.) Any person so found on board may, without warrant, be 26 & 27 Vict. taken before a justice of the peace to be dealt with according to 51, s. 7.] law, and that justice may try the case in a summary manner. Cf. s. 287, sub-ss. (1) and (3). As to the master's authority over passengers apart from statute, see Kay on Shipmasters, &c., 2nd ed. chap. xiii. As to summary procedure, see ss. 680 et seq. Certificate for Clearance. c. 119, s. 18; c. clearance. c. 119, s. 11.] 314. (1.) A ship fitted or intended for the carriage of steer- Certificate for age passengers as an emigrant ship shall not clear outwards or proceed to sea until the master has obtained from the emigration [18 & 19 Vict. officer (a) at the port of clearance a certificate for clearance, that is to say a certificate that all the requirements of this Part of this Act, so far as the same can be complied with before the departure of the ship, have been duly complied with, and that the ship is in his opinion seaworthy, in safe trim, and in all respects fit for her intended voyage, and that the steerage passengers and crew are in a fit state to proceed, and that the master's bond has been duly executed (b)." (2.) If the emigration officer refuses (c) to grant such certificate, the owner or charterer of the ship may appeal in writing to the Board of Trade (d), and that Board shall thereupon appoint any two other emigration officers or any two competent persons to examine into the matter of the expense of the appellant, and if the officers or persons so appointed grant the master of the ship under their joint hands a certificate to the same purport as the certificate for clearance, it shall be of the same effect as a certificate for clearance. (a) As to such officers, see s. 355. (b) See also the requirements of s. 312, sub-s. (4), and s. 316, sub-s. (1) (c). (c) An emigration officer is not liable for damages for refusing to give a certificate in the bona fide exercise of a discretion vested in him. Steel v. Schomberg (1855), 24 L. J. Q. B. 87; 4 E. & B. 620. (d) Cf. s. 318, as to right of appeal to a court of survey. 315.-(1.) The master of every ship, whether an emigrant Facilities to ship or not, which is fitting or intended for the carriage of be given for steerage passengers, or which carries steerage passengers on a the inspection of ships. voyage from the British Islands to any port ont of Europe and not within the Mediterranean Sea, or on a colonial voyage as c. 119, s. 10.] herein-before defined (7), shall afford to the emigration officer at any port in Her Majesty's dominions, and, in the case of British [18 & 19 Vict. Pt. III. 316-318. ships, to the British consular officer at any port elsewhere at which the ship is or arrives, every facility for inspecting the ship, and for communicating with the steerage passengers and for ascertaining that this Part of this Act, so far as applicable to the ship, has been duly complied with. Ships putting back to re- Emigrant ships putting back to be reported to emigration officer. [18 & 19 Vict. c. 119, s. 50.] Appeal to court of survey. [39 & 40 Vict. c. 80, s. 14.] (2.) If the master of any ship fails to comply with this section, he shall for each offence be liable to a fine not exceeding fifty pounds. (a) See s. 270, for definition of "colonial voyage." 316.-(1.) If any emigrant ship, after clearance, is detained in port for more than seven days, or puts into or touches at any port in the British Islands, she shall not proceed to sea again until (a.) there has been laden on board, at the expense of the owner, charterer, or master of the ship, such further supply of pure water, wholesome provisions of the requisite kinds and qualities, and medical stores, as is necessary to make up the full quantities of those articles required under this Part of this Act to be laden on board for the intended voyage; and (b.) any damage which the ship has sustained has been effectually repaired; and (c.) the master of the ship has obtained from the emigration officer a certificate for clearance to the same effect as the certificate for clearance at her port of departure. (2.) If any requirement of this section is not complied with in the case of any emigrant ship, the master shall for each offence be liable to a fine not exceeding one hundred pounds. 317.-(1.) If any emigrant ship, after clearance, puts into or touches at any port in the British Islands, the master shall, within twelve hours thereafter, report in writing his arrival, and the cause of his putting back, and the condition of his ship and of her provisions, water, and medical stores to the emigration officer at the port, and shall produce to that officer the master's list of passengers (a). (2.) If the master of an emigrant ship fails to comply with this section, he shall for each offence be liable to a fine not exceeding twenty pounds. (a) See s. 311, sub-s. (2), as to master's list. 318.-(1.) If the owner of an emigrant ship is aggrieved by the refusal of an emigration officer of a certificate for clearance, he may appeal to a court of survey for the port or district where the ship for the time being is in manner directed by the rules of that court. Pt. III. (2.) The judge of the court of survey shall report to the Board 319-320. of Trade on the question raised by the appeal, and that Board, if satisfied that the requirements of the report and of this Part of this Act have been complied with, may grant or direct the emigration officer to grant a certificate for clearance. (3.) Subject to any order made by the judge of the court of survey, the costs of and incidental to the appeal shall follow the event. (4.) Where a survey of a ship is made for the purpose of a certificate for clearance, the person so appointed to make the survey shall, if so required by the owner, be accompanied on the survey by some person appointed by the owner, and in such case if the said two persons agree there shall be no appeal to the court of survey in pursuance of this section. Cf. s. 314, sub-s. (2), as to appeal to Board of Trade, and see note (c) thereto. 319.-(1.) If any emigrant ship (a.) proceeds to sea without the master having obtained the that ship shall be forfeited to the Crown (a), and may be seized (2.) The Board of Trade may release, if they think fit, any such forfeited ship, on payment, to the use of the Crown, of such sum not exceeding two thousand pounds as the Board specify. (a) As to forfeiture, cf. note (c) to s. 70. (b) See the Customs Consolidation Act, 1876, ss. 179 et seq., Passengers' Contracts. 202 et seq. Forfeiture of ship proceed ing to sea without cer tificate for clearance. (2627 Vict. 35 & 36 Vict. c. 73, 8. 7.] c. 51, s. 13; passengers. c. 119, s. 71.] 320.-(1.) If any person, except the Board of Trade and Contract persons acting for them and under their direct authority, receives tickets for money (a) from any person for or in respect of a passage as a steerage passenger in any ship (b), or of a passage as a cabin (18 & 19 Vict. passenger in any emigrant ship (c), proceeding from the British Islands to any port out of Europe and not within the Mediterranean Sea, he shall give to the person paying the same a contract ticket signed by or on behalf of the owner, charterer, or master of the ship, and printed in plain and legible characters. Pt. III. 321-322. Summary remedy for breach of contract. [18 & 19 Viet. c. 119, s. 73.] Penalty for failure to produce contract ticket. (2.) The contract ticket shall be in a form approved by the Board of Trade and published in the London Gazette (d), and any directions contained in (e) that form of contract ticket not being inconsistent with this Act shall be obeyed as if set forth in this section. (3.) If any person fails to comply with any requirement of this section, he shall for each offence be liable to a fine not exceeding fifty pounds. (4.) Contract tickets under this section shall not be liable to stamp duty. (a) The Divisional Court, in Morris v. Howden, 66 L. J. Q. B. 264; [1897] 1 Q. B. 378, held that to constitute an offence under this section the receipt of money must be for a specified passage commencing at a fixed time in a named ship, but, nevertheless, the Court of Justiciary in Scotland, in Hart v. Hunter (1905), 8 Ct. of Sess. Cas. (series 5), p. 34, has decided that it is an offence under this section to receive money without supplying at the same time a contract ticket in the form approved by the Board of Trade, although the passage covenanted for was a passage generally without mention of the exact ship or time of voyage. (b) This presumably means a ship "proceeding from the British Islands to any place out of Europe and not within the Mediterranean Sea." Compare s. 341 and prescribed form of steerage contract ticket. St. R. & O. Rev. 1904, Merchant Shipping, p. 93, and Appendix, p. 636. (c) See the definitions of "cabin passenger" and "emigrant ship" in s. 268; and Ellis v. Pearce, cited in note (e) thereto. (d) For forms of contract tickets under this section on 1st June, 1907, see Appendix, p. 636. (e) The word "in" was here substituted for "on the face of." 321.-(1.) Any question which arises respecting the breach or non-performance of any stipulation in any such contract ticket may, at the option of any passenger interested, whether a steerage or a cabin passenger, be tried before a court of summary jurisdiction, and the court may award to the complainant such damages and costs as they think just, not exceeding the amount of the passage money specified in the contract ticket and twenty pounds in addition. (2.) But if a passenger has obtained compensation or redress under any other provision of this Act, he shall not be entitled to recover damages under this section in respect of the same matter. See s. 357, as to summary recovery of damages, &c., by certain officers on behalf of the person entitled. As to summary procedure generally, see Part XIII. As to saving of rights of action upon contract for passage, see 8. 340. 322. If a passenger whether a steerage or a cabin passenger fails, without reasonable cause, on demand of any emigration officer, to produce his contract ticket, and if any owner, char[18 & 19 Vict. terer, or master of a ship, on like demand, fails without reasonc. 119, s. 74.] able cause to produce for the inspection of such emigration officer and for the purposes of this Act the counterpart of any Pt. III. contract ticket issued by him or on his behalf, the passenger, 323–325. owner, charterer, or master, as the case may be, shall for each offence be liable to a fine not exceeding ten pounds. one to part 323. If any person, after the issue of a contract ticket and Penalty for during the continuance of the contract of which that ticket is altering, or evidence, alters that ticket, or induces any person to part with inducing any it, or renders useless, or destroys it, he shall (except it is the with, concontract ticket of a cabin passenger who consents) for each tract ticket. offence be liable to a fine not exceeding twenty pounds. Regulations as to Steerage Passengers. 324. Her Majesty may by Order in Council make regula tions [18 & 19 Vict. c. 119, s. 72.] Sanitary and other regulations by Order (i.) for preserving order, promoting health, and securing in Council. cleanliness and ventilation on board emigrant ships [18 & 19 Vict. proceeding from the British Islands to any port in a c. 119, s. 59.] British possession; and (ii.) for prohibiting emigration from any port at any time when choleraic or any epidemic disease is generally prevalent in the British Islands or any part thereof; and (iii.) for reducing the number of steerage passengers allowed (iv.) for permitting the use on board emigrant ships of By virtue of s. 745, Orders in Council made under the powers here re-enacted remain in force under this Act. Those now (31st Dec. 1906) in force are as follows:-Under sub-s. (i.), 3rd February, 1863: Victoria. 7th January, 1864: Regulations as to order, health, &c., for all "passenger" (now “emigrant”) ships proceeding from the United Kingdom to places in Her Majesty's possessions abroad, out of Europe, and not in Mediterranean Sea. Under sub-s. (iv.), 28th June, 1875: As to distilling apparatus and quantity of water to be carried. No orders have been made under sub-s. (ii.), (iii.), (v.). For the above-mentioned Orders, see Appendix, p. 640. 325.-(1.) In every emigrant ship the medical practitioner Discipline on aided by the master or, in the absence of the medical board. titioner, the master, shall exact obedience to all regulations [18 & 19 Vict. made by any such Order in Council as aforesaid. c. 119, s. 60.] |