Pt. III. 326-328.

Sale of spirits

(2.) If any person on board—

(a.) fails without reasonable cause to obey, or offends against, any such regulation or any provision of this Part of

this Act, or

(b.) obstructs the master or medical practitioner in the execution of any duty imposed upon him by any such regulation, or

(c.) is guilty of riotous or insubordinate conduct,

that person shall for each offence be liable to a fine not exceeding two pounds, and in addition to imprisonment for any period not exceeding one month.

326. (1.) Spirits shall not during the voyage be sold prohibited on directly or indirectly in any emigrant ship to any steerage

emigrant

ships.

[18 19 Vict.

passenger.

(2.) If any person acts in contravention of this section, he c. 119, s. 62.] shall for each offence be liable to a fine not exceeding twenty pounds.

Maintenance of steerage passengers after arrival.

[18 & 19 Vict. c. 119, s. 57.]

Return of passage money and compensation

Maintenance after Arrival.

327.-(1.) Every steerage passenger in an emigrant ship shall be entitled for at least forty-eight hours next after his arrival at the end of his voyage to sleep in the ship, and to be provided for and maintained on board thereof, in the same manner as during the voyage, unless within that period the ship leaves the port in the further prosecution of her voyage.

(2.) If 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 five pounds.

Detention and Wrongful Landing of Passengers.

328. Where a contract has been made by or on behalf of any steerage passenger for a passage in a ship proceeding on a voyage from the British Islands to any port out of Europe and to passengers not within the Mediterranean Sea, or proceeding on any colonial when passage Voyage as defined by this Part of this Act (a), andnot provided according to (i.) the steerage passenger is at the place of embarkation before contract. the hour of six o'clock in the afternoon of the day of [18 & 19 Vict. embarkation appointed in the contract; and

c. 119, s. 48.]

(i.) the steerage passenger is at the place of embarkation before the hour appointed in his contract, or if no hour is appointed in the contract, before any hour fixed for the embarkation of which he has received not less than twenty-four hours notice; and

(ii) the stipulated passage money has, if required, been

then if the steerage passenger from any cause whatever (other than his own refusal, neglect, or default, or the prohibition under this Act of an emigration officer, or the requirement of an Order in Council),

(a.) is not received on board the ship before the said hour;

or,

(b.) having been received on board, does not either obtain a
passage in the ship to the port at which he has con-
tracted to land or, together with all the immediate
members of his family who are included in the con-
tract, obtain a passage to the same port in some other
equally eligible ship to sail within ten days from the
expiration of the said day of embarkation, and is not
paid subsistence money from the time and at the rate
hereinafter provided;

the steerage passenger or any emigration officer on his behalf,
may recover summarily (b) all money paid by or on account of
the steerage passenger for his passage, together with such further
sum not exceeding ten pounds in respect of each such steerage
passenger as is in the opinion of the Court a reasonable com-
pensation for the loss or inconvenience occasioned to the steerage
passenger by the loss of his passage, and such money and sum
may be recovered, either from any person to whom or on whose
account any money has been paid under the contract, or if the
contract has been made with the owner, charterer, or master of
the ship, or with any person acting on behalf or by the authority
of
any of them, then, at the option of the steerage passenger
or emigration officer, from the owner, charterer, or master, or
any of them.

The words in italics are repealed by the M. S. A. 1906, s. 85, Sched. II., and
the words in clarendon type are substituted therefor by M. S. A. 1906, s. 19.
(a) See s. 270, definition of "colonial voyage."

(b) As to summary proceedings, see ss. 357, 680 et seq.; and as to saving of right of action, s. 340. As to loss of passage through wreck, &c., see s. 333 and note (a) thereto.

Pt. III.

329.

detention.

329.-(1.) If any ship, whether an emigrant ship or other- Subsistence wise, does not actually put to sea and proceed on her intended in case of voyage before three o'clock in the afternoon of the day next [18 & 19 Vict. after the day of embarkation appointed in the contract, the c. 119, s. 49.] owner, charterer, or master of the ship, or his agent, or any of them shall, until the ship finally proceeds on her voyage, pay to every steerage passenger entitled to a passage in the ship, or (if the steerage passenger is lodged and maintained in any hulk or establishment under the superintendence of the Board of Trade) to the emigration officer at the port of embarkation, subsistence money at the following rate; that is to say,

(a.) for each of the first ten days of detention, one shilling and sixpence; and

Pt. III. 330-331.

Penalty for landing steerage

passengers at wrong place.

[18 & 19 Vict. c. 119, s. 56.]

Provision

in case of
an emigrant
ship being
wrecked or
damaged in or
near British
Islands.

[26 & 27 Vict.
c. 51, s. 14.]

(b.) for every subsequent day, three shillings

for each statute adult (a).

(2.) Where the steerage passengers are maintained on board in the same manner as if the voyage had commenced—

(a.) subsistence money shall not be payable for the first two
days next after the said day of embarkation, and
(b.) if the ship is unavoidably detained by wind or weather,
or by any cause not attributable in the opinion of the
emigration officer to the act or default of the owner,
charterer, or master, subsistence money shall not be
payable during any part of that period of detention.

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

As to the summary recovery of subsistence money, see s. 357.
As to the saving of right of action, see s. 310.

As to the rights and liabilities of owners apart from statute in cases of delay in sailing under contract, see Yates v. Duff (1832), 5 C. & P. 369.

330. If a steerage passenger is landed from any ship, whether an emigrant ship or not, at any port other than the port at which he has contracted to land, unless with his previous consent, or unless the landing is rendered necessary by perils of the sea or other unavoidable accident, the master of the ship shall for each offence be liable to a fine not exceeding fifty pounds.

All other rights of action are preserved to steerage passengers by s. 340.

Provisions in case of Wreck.

331.-(1.) When an emigrant ship—

(a.) has, while in any port of the British Islands, or after the commencement of the voyage, been wrecked or otherwise rendered unfit to proceed on her intended voyage, and any steerage passengers have been brought back to any port in the British Islands; or

(b.) has put into any port in the British Islands in a damaged

state;

the master, charterer, or owner of that ship shall, within forty-
eight hours thereafter, give to the nearest emigration officer a
written undertaking to the following effect; that is to say,
(i.) if the ship has been wrecked or rendered unfit to proceed
on her voyage, that the owner, charterer, or master
thereof will embark and convey the steerage passengers
in some other eligible ship, to sail within six weeks
from the date of the undertaking, to the port for which
their passage has been taken:

(ii.) if the ship has put into port in a damaged state, that she
will be made seaworthy and fit in all respects for her
intended voyage, and will within six weeks from the

date of the undertaking sail again with the steerage passengers. (2.) In either of the above cases, the owner, charterer, or master shall, until the steerage passengers proceed on their voyage, either lodge and maintain them on board in the same manner as if they were at sea, or pay either to the steerage passengers, or (if they are lodged and maintained in any hulk or establishment under the superintendence of the Board of Trade) to the emigration officer at the port, subsistence money at the rate of one shilling and sixpence a day for each statute adult (a). (3.) If the substituted ship, or the damaged ship, as the case may be, does not sail within the above-mentioned time, or if default is made in compliance with any requirement of this section, any steerage passenger or any emigration officer on his behalf may recover summarily (b) all money paid by or on account of the passenger for the passage from the person to whom or on whose account the same was paid, or from the owner, charterer, or master of the ship, at the option of the passenger or emigration officer.

(4.) The emigration officer may, if he thinks it necessary, direct that the steerage passengers be removed from any damaged emigrant ship at the expense of the master thereof, and if after that direction any steerage passenger refuses to leave the ship, he shall for each offence be liable to a fine (b) not exceeding forty shillings, or to imprisonment not exceeding one month.

(a) For definition of "statute adult," see s. 268, sub-s. (2).

(b) As to the summary recovery of fines, passage and subsistence-money, &c., see ss. 356, 357, 681 et seq.

Insurance.-Under somewhat similar provisions in 15 & 16 Vict. c. 44, ss. 4651, it was held that a policy of assurance on the passage-money against all costs, charges, and liabilities to which the owners might become liable under such sections, covered expenses incurred by the captain in forwarding passengers to their destinations in case of loss of ship. Gibson v. Bradford (1855), 24 L. J. Q. B. 159; 4 E. & B. 586.

See also, as to recovery under a policy of the expense of maintaining passengers (under 15 & 16 Vict. c. 44) during repairs at a foreign port, Willis v. Cooke (1855), 25 L. J. Q. B. 16; 5 E. & B. 641.

Pt. III.

332.

conveyance

332. If any passenger, whether a cabin or a steerage Expenses of passenger, is either taken off any ship which is carrying any rescue and steerage passenger on a voyage from any part of Her Majesty's of wrecked dominions and is damaged, wrecked, sunk or otherwise destroyed, passengers. or if any such passenger is picked up at sea from any boat, raft, [18 & 19 Vict. or otherwise, it shall be lawful

(a.) if the port to which such passenger (in this Act referred
to as a "wrecked passenger ") is conveyed is in the
United Kingdom, for a Secretary of State; and
(b.) if the port is in a British possession for the governor of
that possession, or any person authorised by him for
the purpose; and

c. 119, s. 52; 52 & 53 Vict. c. 29.]

(c.) if the port is elsewhere, for the British consular officer there;

to defray all or any part of the expenses thereby incurred.

It will be observed that, though included among the provisions relating to emigrant ships, ss. 332-334 are not limited to such ships.

333.—(1.) If any passenger whether a cabin or a steerage passenger from any ship which is carrying any steerage passenger on a voyage from any port in Her Majesty's dominions finds himself without any neglect or default of his own at any port outside the British Islands other than the port for which the ship was originally bound, or at which he, or the Board of Trade, or any public officer or other person on his behalf, has contracted that he should land, it shall be lawful—

(a.) if the place is in a British possession, for the governor of that possession, or any person authorised by the governor for the purpose; and

(b.) if the place is elsewhere, for the British consular officer there;

to forward the passenger to his intended destination, unless the master of the ship, within forty-eight hours of the arrival of the passenger, gives to the governor or consular officer, as the case may be, a written undertaking to forward or convey within six weeks thereafter the passenger to his original destination, and forwards or conveys him accordingly within that period.

(2.) A passenger so forwarded by or by the authority of a governor or a British consular officer shall not be entitled under this Part of this Act to the return of his passage money, or to any compensation for loss of passage (a).

See note to preceding section.

(a) Though sub-s. (2) deprives such a passenger of any right to compensation under s. 328 for loss of passage, it would seem that s. 340 preserves to him any other right of action for breach of contract that he may have.

334.-(1.) All expenses incurred under this Part of this Act by or by the authority of a Secretary of State, governor of a British possession, or consular officer, in respect of a wrecked passenger, or forwarding of a passenger to his destination, including the cost of maintaining the passenger, until forwarded to his destination, and of all necessary bedding, provisions, and stores, shall be a joint and several debt to the Crown from the owner, charterer, and master of the ship on board of which the passenger had embarked.

(2.) In any proceeding for the recovery of that debt a certificate purporting to be under the hand of a Secretary of State, governor, or consular officer, and stating the circumstances of the case, and the total amount of the expenses, shall be