admissible in evidence in manner provided by this Act (a), and shall be sufficient (b) evidence of the amount of the expenses, and of the fact that the same were duly incurred, unless the defendant specially pleads and duly proves that the certificate is false and fraudulent, or that the expenses were not duly incurred under this Act. (3.) The sum recovered on account of the expenses shall not exceed twice the total amount of passage money which the owner, charterer, or master of the emigrant ship proves to have been received by him or on his account, or to be due to and recoverable by him or on his account in respect of the whole number of passengers whether cabin or steerage who embarked in the ship. (a) See ss. 695 et seq., as to admissibility and proof of documents. (b) Quare not conclusive evidence. See Board of Trade v. The Sailing Ship Glenpark, Ltd., 73 L. J. K. B. 315; [1904] 1 K. B. 682, dealing with the same words in s. 193, sub-s. (3). Pt. III. 335-336. passage 335. A policy of assurance effected in respect of any steerage Validity of passage or of any steerage passage or compensation money by insurance of any person by this Part of this Act made liable, in the events money. aforesaid, to provide such passage or to pay such money, or in [18 & 19 Vict. respect of any other risk under this Part of this Act, shall not be c. 119, s. 55.] invalid by reason of the nature of the risk or interest sought to be covered by the policy of assurance. Cf. s. 506 for similar clause under Part VIII. As to what may be recovered under such policies, see note to s. 331. Voyages to the United Kingdom. The provisions as to emigrant ships apply generally only to voyages from the British Islands to any port out of Europe and not within the Mediterranean Sea, and, with certain limitations, to colonial voyages, as defined by s. 270. See ss. 364, 365, and cf. the definition of "Emigrant ship," s. 268. passengers 336.-(1.) The master of every ship bringing steerage pas- List of sengers to the British Islands from any port out of Europe and steerage not within the Mediterranean Sea shall, within twenty-four brought to hours after arrival, deliver to the emigration officer at the port the British of arrival a correct list, signed by the master, and specifying the Islands. name, age, and calling of every steerage passenger embarked, [18 & 19 Vict. and the port at which he embarked, and showing also any birth 100.19, ss. 4, which has occurred amongst the steerage passengers, and if any steerage passenger has died, his name and the supposed cause of his death. (2.) If the master of a ship fails so to deliver the list, or if the list is wilfully false, he shall for each offence be liable to a fine not exceeding fifty pounds. "British Islands."-This term, which is defined by the Interpretation Act, 100.] Pt. III. 337-340. 1889, s. 18, occurs in this and other sections of this Act (cf. e.g. s. 310) where "United Kingdom was used in the repealed Act with a similar meaning. Number of steerage passengers on ships bringing passengers to British 337. If any ship bringing steerage passengers to the British Islands from any port out of Europe and not within the Mediterranean Sea has on board a greater number of steerage passengers than is allowed by this Act (a) in the case of emigrant ships proceeding from the British Islands, the master of that ship shall, for each statute adult constituting such excess, be [18 & 19 Vict. liable to a fine not exceeding ten pounds. Islands. c. 119, ss. 4, 101.1 Provisions and water in (a) See s. 292 and 10th Sched. and M. S. A. 1906, ss. 17, 85, Sched. II. 338.-(1.) The master of every ship bringing steerage passengers to the British Islands from any port out of Europe and not within the Mediterranean Sea shall issue to each steerage passenger during the voyage, including the time of detention, if any, at any port before the termination thereof, pure water and [18 & 19 Vict. good and wholesome provisions in a sweet condition, in quantities not less than the amount required by this Part of this Act (a) in the case of emigrant ships proceeding from the British Islands (b). Islands. c. 119, ss. 4, 102.] Application to foreign ships carrying passengers of provisions respecting registration of births and deaths. [37 & 38 Vict. c. 88, s. 37 (2).] (2.) If any requirement of this section is not complied with in the case of any emigrant ship (c), the master of that ship shall for each offence be liable to a fine not exceeding fifty pounds. (a) See s. 298, and M. S. A. 1906, ss. 17, 85, Sched. II. (b) See note to, and note preceding, s. 336. (c) See definition, s. 268. Registration of Births and Deaths. 339. Where a ship which is not a British ship carries passengers, whether cabin or steerage, to or from any port of the United Kingdom as the port of destination or the port of departure of such ship, the provisions of Part Two of this Act with respect to the registration of births and deaths occurring on board (a), shall apply as if it were a British ship. (a) See s. 254 and notes thereto. Siving for on contract Saving of Right of Action. 340. Nothing in this Part of this Act shall take away or right of action abridge any right of action which may accrue to a steerage passenger in any ship, or to any other person, in respect of the [18 & 19 Vict. breach or non-performance of any contract made between, or c. 119, s. 58.] on behalf of, such steerage passenger or other person and the for passage. Pt. III. master, charterer, or owner of any such ship, or his agent, or 341-342. any passage broker. See ss. 321 (summary remedy for breach of contract), 328 (return of passage money and compensation), 333 and note (forwarding of passengers). Passage Brokers. broker. 341.-(1.) Any person who sells or lets (a) or agrees to sell or Passage let, or is anywise concerned in the sale or letting of steerage passages in any ship proceeding from the British Islands (b) to [18 & 19 Vict. any place out of Europe not within the Mediterranean Sea shall c. 119, s. 66.] for the purposes of this Part of this Act be a passage broker. (2.) The acts and defaults of any person acting under the authority, or as an agent, of a passage broker, shall, for the purposes of this Act, be deemed to be also the acts and defaults of the passage broker. (a) The selling or letting must be of a passage in a named ship to commence at a definite time for a specific voyage. Morris v. Howden, infra, s. 342, note (6) ; but see also Hart v. Hunter, cited in note (a) to s. 320. (b) The provisions relating to passage brokers now apply to any person who at any place in the British Islands sells or lets, or agrees to sell or let, or is anywise concerned in the sale or letting of steerage passages from any place in Europe not within the Mediterranean Sea. See M. S. A. 1906, s. 23. As to duty of passage brokers to give passengers a contract ticket, see s. 320. 342 (a).—(1.) A person shall not act directly or indirectly as a passage broker (b), unless he Passage brokers to enter into bond and ob (a.) has entered, with two good and sufficient sureties approved by the emigration officer nearest to his place of tain licence. business, into a joint and several bond (c) to the Crown, c. 119, s. 66.] in the sum of one thousand pounds; and (b.) holds a licence (c) for the time being in force to act as passage broker. (2.) The bond shall be renewed on each occasion of obtaining a licence, and shall not be liable to stamp duty; it shall be executed in duplicate, and one part shall be deposited at the office of the Board of Trade, and the other part with the said emigration officer. (3.) The emigration officer may, in lieu of two securities, accept the bond of any guarantee society approved by the Treasury. (4.) There shall be exempted from this section (a.) the Board of Trade, and any person contracting with (b.) any passage broker's agent duly appointed under this Act. (5.) 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. [18 & 19 Vict. Pt. III. 343-345. Granting of licences to passage brokers. [18 & 19 Vict. c. 119, s. 67; 56 & 57 Vict. c. 73, s. 27.] Forfeiture of licence. c. 119, s. 67.] (a) As to application of this section to steerage passages from ports in Europe, see M. S. A. 1906, s. 23. (b) A person who agrees to obtain a passage for another, without specifying the ship or time of departure, is not acting as a passage broker. Morris v. Howden, 66 L. J. Q. B. 264; [1897] 1 Q. B. 378. But see also Hart v. Hunter, cited in note (a) to s. 320. (c) For forms of bond and licence, see the 14th Schedule, Forms IV. and V., and see s. 360, and M. S. A. 1906, ss. 17, 85, Sched. II. 343.-(1.) Application for a licence to act as passage broker shall be made to the licensing authority for the place in which the applicant has his place of business. (2.) The licensing authority, upon the applicant proving to their satisfaction that he (a.) has entered into and deposited one part of such bond as is required by this Act; and (b.) has given to the Board of Trade at least fourteen days' clear notice of his intention to apply for a licence, may grant the licence, and shall forthwith send to the Board of Trade notice of such grant. (3.) The licensing authority shall be (a.) in the administrative county of London the justices of the peace at petty sessions; (b.) elsewhere in England, the council of a county borough or county district; (c.) in Scotland, the sheriff; and (d.) in Ireland, the justices in petty sessions. As to application of this section to steerage passages from ports in Europe, see M. S. A. 1906, s. 23. As to forms of notice to be given to the Board by the licensing authority and applicant, see s. 360 and the 14th Schedule, Forms VI. and VII., and M. S. A. 1906, ss. 17, 85, Sched. II. 344.-(1.) A passage broker's licence shall, unless forfeited, remain in force until the thirty-first day of December in the year [18 & 19 Vict. in which it is granted, and for thirty-one days afterwards. (2.) Any court, when convicting a passage broker of an offence under this Part of this Act or of any breach or non-performance of the requirements thereof, may order that his licence be forfeited, and the same shall be forfeited accordingly. Passage brokers' agents. (3.) The court shall forthwith send to the Board of Trade a notice of any such order. As to application of this section to steerage passages from ports in Europe, see M. S. A. 1906, s. 23. As to form of notice, see s. 360, and the 14th Schedule, Form VIII., and M. S. A. 1906, ss. 17, 85, Sched. II. 345.-(1.) A passage broker shall not employ as an agent in his business of passage broker any person who does not hold from him an appointment, signed by the passage broker, and counter Pt. III. signed by the emigration officer at the port nearest to the place 346–348. of business of the passage broker. [18 & 19 Vict. (2.) Every such agent shall, upon request, produce his appoint- c. 119, ss. 66, ment to any emigration officer, or to any person treating for a steerage passage under this Part of this Act. (3.) If any person acts in contravention of this section he shall for each offence be liable to a fine not exceeding fifty pounds. As to application of this section to steerage passages from ports in Europe, see M. S. A. 1906, s. 23. As to form of appointment, see s. 360 and the 14th Schedule, Form IX., and M. S. A. 1906, ss. 17, 85, Sched. II. 69.] to be exhibited officers. 346.-(1.) A passage broker shall keep exhibited in some List of agents conspicuous place in his office or place of business a correct list, and runners in legible characters, containing the names and addresses in full by brokers, of every person for the time being authorised to act as his agent and sent to or an emigrant runner for him, and shall on or before the fifth emigration day, or, if that day be a Sunday, on or before the fourth day in [18 & 19 Vict. every month, transmit a true copy of that list, signed by him, to c. 119, s. 81.] the emigration officer nearest to his place of business, and shall report to that emigration officer every discharge or fresh engagement of an agent or of an emigrant runner within twenty-four hours of the same taking place. (2.) If a passage broker fails to comply with any requirement of this section he shall for each offence be liable to a fine not exceeding five pounds. As to application of this section to steerage passages from ports in Europe, see M. S. A. 1906, s. 23. Emigrant Runners. c. 119, s. 3.] 347. If any person other than a licensed passage broker or Emigrant his bonâ fide salaried clerk, in or within five miles of the outer runner. boundaries of any port, for hire or reward or the expectation [18 & 19 Vict. thereof directly or indirectly conducts, solicits, influences, or recommends any intending emigrant to or on behalf of any passage broker, or any owner, charterer, or master of a ship, or any keeper of a lodging house, tavern, or shop, or any money changer or other dealer or chapman, for any purpose connected with the preparations or arrangements for a passage, or gives or pretends to give to any intending emigrant any information or assistance in any way relating to emigration, that person shall for the purposes of this Part of this Act be an emigrant runner. licence. 348.-(1.) The licensing authority for passage brokers for Emigrant the place in which a person wishes to act as an emigrant runner, runner's and to carry on his business, may, upon his application and on the recommendation in writing of an emigration officer, or of the chief constable or other head officer of police in such place c. 119, ss. 75, 76, 77; 56 & 57 Vict. c. 73, s. 27.] |