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Pt. III.

admissible in evidence in manner provided by this Act (a), and 335—338. 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.

(«) See 83. 695 et seq., as to admissibility and proof of documents.

(i) 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).

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 j-18 & 19 Vict, respect of any other risk under this Part of this Act, shall not be 0.119, 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 denned by s. 270. See ss. 364, 365, and cf. the definition of " Emigrant ship," s. 268.

336.—(1.) The master of every ship bringing steerage pas- List of sengers to the British Islands from any port out of Europe and Bteerase not within the Mediterranean Sea shall, within twenty-four brjut"hTto 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 l8landsname, age, and calling of every steerage passenger embarked, ]jl8n* 19 Vjctand the port at which he embarked, and showing also any birth I'qo.]' '' which has occurred amongst the steerage passengers, and if any Bteerage 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 Itlands."—This term, which is defined by the Interpretation Act,

Pt. III.

337 340. 1889, B. 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

Islands.

[18 & 19 Viet.

c. 119, ss. 4,

101.]

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 liable to a fine not exceeding ten pounds.

(a) See s. 292 and 10th Sched. and M. S. A. 1906, ss. 17, 85, Sched. II.

Provisions 338.—(1.) The master of every ship bringing steerage passhf Tcarr in 8engers to the British Islands from any port out of Europe and steerage"7"1* not within the Mediterranean Sea shall issue to each steerage passepgers passenger during the voyage, including the time of detention, if islands'811 any> a* any Por* Dere the termination thereof, pure water and [18 & 19 Vict and wholesome provisions in a sweet condition, in quanti

e. 119, ss. 4, ties not less than the amount required by this Part of this 1020 Act (a) in the case of emigrant ships proceeding from the

British Islands (b).

(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.
(A) See note to, and note preceding, s. 336.
(c) See definition, s. 268.

Application to
foreign ships
carrying pas-
sengers of
provisions
respecting
registration
of births and
deaths.
[37 & 38 Vict.
o.88, a. 37 (2).]

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, tho 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.

Saving of Might of Action.

S ivingfor 340. Nothing in this Part of this Act shall take away or oif contract0n bridge any right of action which may accrue to a steerage for passage, 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. 68.] on behalf of, such steerage passenger or other person and the Pt. III.

master, charterer, or owner of any such ship, or his agent, or 341—342. any passage broker.

See 88. 321 (summary remedy for breach of contract), 328 (return of passage money and compensation), 333 and note (forwarding of passengers).

Passage Brokers.

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 Drokerpassages in any ship proceeding from the British Islands (b) to ^1^19^6°1 any place out of Europe not within the Mediterranean Sea shall'' for the purposes of this Part of this Act he 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 specifio voyage. Morrie v. Hotcden, infra, s. 342, note (4); but see also Hart v. Hunter, cited in note (a) to s. 320.

(4) 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, B. 23.

As to duty of passage brokers to give passengers a contract ticket, Bee s. 320.

342 (a).—(1.) A person shall not act directly or indirectly as Passage a passage broker (b), unless he— '"tl^'to

(a.) has entered, with two good and sufficient sureties ap- bond and ob

proved by the emigration officer nearest to his place of J*"11*06TM0

business, into a joint and several bond (c) to the Crown, Jj_ 119 B g^V

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

them or acting under their authority; and
(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.

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(o) As to application of this section to steerage passages from ports in Europe, see M. S. A. 1906, s. 23.

(A) 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. ffou-dtn, G6 L. J. Q. B. 264; [1897] 1 Q. B. 378. But see also Hart v. Stmter, cited in note (a) to s. 320.

(r) For forms of bond and licence, see the 14th Schedule, Forms IV. and V., and sec 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,
Bee M. S. A. 1906, s. 23.

As to forms of notice to be given to the Board by the licensing authority and applicant, seo s. 360 and the 14th Schedule, Forms VI. and VII., and M. S. A. 1906, ss. 17, 85, Sched. II.

Forfeiture of 344.—(I.) A passage broker's licence shall, unless forfeited, licence. remain in force until the thirty-first day of December in the year

C18 119V*°*- 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 bo forfeited accordingly.

(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, seo M. S. A. 1906, 8. 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.

Passage brokf-rs' agents.

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 counterpt. in.

signed by the emigration officer at the port nearest to the place 346—348. of business of the passage broker. Ti8 & 19 Viot.

(2.) Every such agent shall, upon request, produce his appoint- c. l Io, es. 66, ment to any emigration officer, or to any person treating for a 69 •] 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, a. 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.

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, ^^g^bited 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 '2''°° day, or, if that day be a Sunday, on or before the fourth day in -lg & jg Vict every month, transmit a true copy of that list, signed by him, to 0.119, 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, 8. 23.

Emigrant Runners.

347. If any person other than a licensed passage broker or Emigrant his bona fide salaried clerk, in or within five miles of the outer runnerboundaries of any port, for hire or reward or the expectation oii^sTl*" 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 bouse, 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.

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 rff^Jg y. the recommendation in writing of an emigration officer, or of 119 ss. 75 the chief constable or other head officer of police in such place 76, 77'; 56 fc'

57 Vict. c. 73, s. 27.]

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