Pt. III. 349-351. (but not otherwise), grant, if they think fit, to the applicant a licence to act as emigrant runner. Renewal of badge. (2.) The emigrant runner shall, within forty-eight hours after his licence is granted lodge the same with the nearest emigration officer, and that officer shall (a.) register the name and abode of the emigrant runner in a book to be kept for the purpose, and number each name in arithmetical order; and (b.) upon receipt of a fee, not exceeding seven shillings, supply to the emigrant runner a badge of such form and description as the Board of Trade approve, but in the case of a renewed licence, the officer need only note the renewal and its date in his registry book against the original entry of the emigrant runner's name. (3.) An emigrant runner's licence shall remain in force until the thirty-first day of December in the year in which it is granted, unless sooner revoked by any justice for any offence against this Act or for any other misconduct committed by the holder of such licence, or unless forfeited under the provisions hereinafter contained. (4.) When an emigrant runner changes his abode, the emigration officer shall register the change in his registry book. As to form of licence, see s. 360, and the 14th Schedule, Form X., and M. S. A. 1906, ss. 17, 85, Sched. II. 349. Where an emigrant runner, either satisfies the emigration officer for the port in which he is licensed to act that his [18 & 19 Vict. badge is lost, or delivers his badge up to such officer in a mutilated or defaced state, and in either case pays such officer five shillings, the officer may, if he thinks fit, supply him with a new badge. c. 119, s. 79.] Penalties on persons acting without licence or badge, using badge not lawfully issued, or employing unlicensed person. [18 & 19 Vict. c. 119, ss. 75, 78.] Penalties on emigrant runners for certain acts of misconduct. 350.-(1.) A person shall not (a.) act as an emigrant runner without being duly licensed and registered; or (b.) retain or use any emigrant runner's badge not issued to (c.) counterfeit or forge any emigrant runner's badge; or (2.) If any person acts in contravention of this section, he shall for each offence be liable to a fine (a) not exceeding five pounds. (a) As to recovery of fine, see s. 356. 351.-(1.) An emigrant runner (a.) shall while acting as an emigrant runner wear his badge conspicuously on his breast; and (b.) shall lodge his licence with the emigration officer as (i.) shall not permit any other person to use his badge. (2.) If an emigrant runner fails to comply with any requirement of this section, he shall for each offence be liable to a fine not exceeding forty shillings, and, if the court think fit, to the forfeiture of his licence. As to recovery of fines, see s. 356. Pt. III. 352-353. [18 & 19 Vict. c. 119, ss. 75, 76, 78.] cominission 352.-(1.) An emigrant runner shall not be entitled to Emigrant recover from a passage broker any fee, commission or reward runner's for or in consideration of any service connected with emigration, and fees. unless he is acting under the written authority of that passage [18 & 19 Vict. broker. (2.) An emigrant runner shall not take or demand from any person about to emigrate any fee or reward for procuring his steerage passage, or in any way relating thereto, and if he does so he shall for each offence be liable to a fine not exceeding five pounds. c. 119, s. 80.] Frauds in procuring Emigration. 353. If any person by any false representation, fraud, or false Frauds in pretence induces any person to engage a steerage passage in procuring any ship, he shall for each offence be liable to a fine not exceeding [18 & 19 Vict. twenty pounds. If any person, by any false representation, fraud, or false pretence, induces or attempts to induce any person to emigrate or to engage a steerage passage in any ship, he shall for each offence be liable, on summary conviction to a fine not exceeding fifty pounds, or to imprisonment, with or without hard labour for a period not exceeding three months. Sect. 353 is repealed by M. S. A. 1906, s. 85, Sched. II., and the words in clarendon type substituted therefor by M. S. A. 1906, s. 24. For notes, see post, p. 479. passages. c. 119, s. 70.] Pt. III. 354-355. Penalties for fraud in con- Emigration officers and assistants. 354. If any person (a.) falsely represents himself to be, or falsely assumes to (b.) sells any form of application, embarkation order, or (d.) forges or fraudulently alters any signature or state- (e.) aids or abets any person in committing any of the foregoing offences; that person shall, for each offence, be liable to a fine not exceeding fifty pounds. Emigration Officers. 355.-(1.) In the British Islands the Board of Trade, and in a British possession the Governor of that possession, may appoint and remove such emigration officers and assistant emigration [18 & 19 Vict. officers as seem necessary for carrying this Part of this Act into execution, under the direction of the Board or Governor, as the case may be. c. 119, ss. 7, 8, 9; 35 & 36 Vict. c. 73, 8. 5.] (2.) All powers, functions, and duties to be exercised or performed, and anything to be done in pursuance of this Part of this Act, by, to, or before an emigration officer, may be exercised, performed, and done by, to, or before his assistant, or, at any port where there is no emigration officer or assistant, or in their absence, by, to, or before the chief officer of customs for the time being at such port, and in any such case it shall be the duty of the chief officer of customs to do anything which it is the duty of the emigration officer or his assistant to do. (3.) A person lawfully acting as an emigration officer under this Act shall in no case be personally liable for the payment of any money or costs or otherwise in respect of any contract made, or of any legal proceedings for anything done, by him in his official capacity as an emigration officer and on the public service. Legal Proceedings. The provisions of the Passengers Acts as to legal proceedings were similar to, but not identical with, those of the contemporaneous Merchant Shipping Acts. Except as provided in these sections, the provisions were made uniform by M. S. A. 1894, the procedure of the Summary Jurisdiction Acts being adopted: see the general provisions as to legal proceedings, Part XIII., ss. 680 et seq. Among the results of this change it is to be noted that the limit of time for instituting summary proceedings, which was twelve months under the Passengers Acts, is now six months generally: see s. 683. Pt. III. 356-359. fines. 356. All fines and forfeitures under the provisions of this Recovery of Part of this Act (other than the provisions relating to passenger steamers only (a)) shall be sued for by the following officers; [18 & 19 Vict. that is to say, (a.) any emigration officer; (b.) any chief officer of customs; and also (c.) in the British Islands, any person authorised by the Board of Trade and any officer of customs authorised by the Commissioners of Customs; and (d.) in a British Possession any person authorised by the Governor of that possession, or any officer of customs authorised by the Government department regulating the customs in that possession. (a) See ss. 273, 280, 281, 283-287, and M. S. A. 1906, ss. 16-21, as to fines connected with passenger steamers. c. 119, s. 84.] subsistence 357. All sums of money made recoverable by this Part of this Recovery of Act in respect of passage money, subsistence money, damages, passage and compensation, or costs may be sued for and recovered before a money, comcourt of summary jurisdiction by any person entitled thereto, or pensation, by any of the officers in the last preceding section mentioned on and damages. behalf of any one or more of such persons, and in any case either [18 & 19 Vict. by one or several proceedings. See also s. 321. As to summary proceedings, see ss. 681 et seq. c. 119, ss. 73, 84, 85.] cuting Act. 56 & 57 Vict. 358. The Public Authorities Protection Act, 1893 (a), shall Protecting of for the purposes of the provisions of this Part of this Act (other persons exethan the provisions relating to passenger steamers only) apply to the whole of Her Majesty's dominions, and to every place where Her Majesty has jurisdiction (b). c. 61. [18 & 19 Vict. c. 119, ss. 92, (a) By that Act proceedings must be commenced within six months. See also 93.] provisions therein as to costs, tender, &c. (b) That Act itself applies only to the United Kingdom. Supplemental. for default in 359.-(1.) In the absence of any agreement to the contrary, Owner the owner of a ship shall be the person ultimately responsible as responsible between himself and the other persons by this Part of this Act absence of made liable in respect of any default in complying with any agreement. requirement thereof; [18 & 19 Vict. c. 119, s. 65.] Pt. III. 360-361. Forms and fees. [18 & 19 Vict. c. 119, Sched.; 26 & 27 Vict. c. 51, Sched.; 36 & 37 Vict. c. 85, ss. 15, 30.] Posting of abstracts of Part III. in emigrant ships. (2.) If any person so made liable pays any money by this Part of this Act made payable to or on behalf of a steerage passenger, he shall be entitled, in the absence of any such agreement as aforesaid, to sue for and recover from the owner the amount so paid, together with costs. As to whether the registered owner is responsible as owner in the case of a demised ship, cf. the cases cited in note (a) to s. 143 and note (a) to s. 695. 360.-(1.) The forms set out in the Fourteenth Schedule (a) to this Act, or forms as near thereto as circumstances admit, shall be used in all cases to which such forms are applicable. (2.) Such fees as the Board of Trade determine shall be paid in respect of the surveys of emigrant ships mentioned in Part II. of the Ninth Schedule to this Act not exceeding those specified therein (b). (3.) If any person employed under this Part of this Act demands or receives, directly or indirectly, otherwise than by the direction of the Board of Trade, any fee, remuneration, or gratuity whatever in respect of any duty performed by him under this Part of this Act, he shall for each offence be liable to a fine not exceeding fifty pounds. (a) The 14th Schedule is to be repealed, and a reference to it is to be read as a reference to regulations, &c. made by the Board of Trade as soon as such regulations, &c. are made. See M. S. A. 1906, ss. 17 (2), 85, Sched. II. (b) As to fees for granting passenger steamer's certificate, see s. 277. 361.-(1.) The Board of Trade shall prepare such abstracts as they think proper of all or any of the provisions of this Part of this Act, and of any Order in Council made thereunder, and four copies of the abstracts, together with a copy of this Part of [18 & 19 Vict. this Act, shall, on demand, be supplied by the chief officer of č. 119, s. 61.] customs at the port of clearance to the master of every emigrant ship proceeding from the British Islands to any British possession (a). (2.) The master shall, on request, produce a copy of this Part of this Act (b) to any steerage passenger for his perusal, and shall, before the embarkation of the steerage passengers, post copies of the abstracts in at least two conspicuous places between the decks on which steerage passengers may be carried, and shall keep them posted so long as any steerage passenger is entitled to remain in the ship. (3.) The master shall be liable to a fine not exceeding forty shillings for every day during any part of which by his act or default such copies of the extracts fail to be so posted. (4.) If any person displaces or defaces any copy of the abstracts posted under this section he shall for each offence be liable to a fine (c) not exceeding forty shillings. (a) Ships on colonial voyages are expressly exempted by s. 365. (6) A similar duty to produce and post up a copy of the scale of provisions is |