and is discharged before a superintendent or other officer, the superintendent or officer shall note the fact on his certificate of discharge (e) in manner directed by the Board of Trade, and a superintendent or other officer shall not under this section refuse to allow a seaman who holds a certificate so noted to sign an agreement unless the superintendent or officer considers that there are special reasons for the refusal, and in that case he shall make a special report of the matter to the Board of Trade.

(a) "Seaman" is defined in M. S. A. 1894, s. 742.

(b) As to engagement of seamen before a superintendent, see M. S. A. 1894, ss. 115, 116 and 247 and as to engagement out of the United Kingdom, sce ibid. s. 124.

(c) Defined by Interpretation Act, 1889, s. 18; and see ante, p. 420.

(d) i.e., the agreement with crew ("Ship's Articles ").

(e) As to certificates of discharge, see M. S. A. 1894, ss. 128, 129.

Pt. II. 13-14.

PART II.—PASSENGER AND EMIGRANT SHIPS (@).

steamships as

13. The definition of " passenger steamer" () in section two Inclusion of hundred and sixty-seven of the principal Act shall be amended foreign so as to include every foreign steamship (whether originally passenger proceeding from a port in the United Kingdom or from a port steamers. out of the United Kingdom) which carries passengers (b) to or from any place, or between any places, in the United Kingdom.

(a) The general provisions as to these ships are contained in Part III. (ss. 267 --368) of M. S. A. 1894.

(6) For explanation of these terms, see M. S. A. 1894, s. 267, and notes thereon.

14. The following paragraph shall be substituted for para- Definition of graph (3) of section two hundred and sixty-eight of the principal steerage Act

means all pas

"(3) The expression steerage passenger
sengers (a) except cabin passengers, and persons shall not be
deemed cabin passengers unless-

"(a.) the space allotted to their exclusive use is in the pro-
portion of at least thirty-six clear superficial feet to
each statute adult; and

"(b.) the fare contracted to be paid by them amounts to
at least the sum of twenty-five pounds for the
entire voyage or is in the proportion of at least

passenger.

Pt. II. 15-17.

Passengers

landed or

means of

tenders.

(a)

sixty-five shillings for every thousand miles of the length of the voyage; and

"(c.) they have been furnished with a duly signed contract ticket in the form (b) prescribed by the Board of Trade for cabin passengers."

Passenger" is defined in M. S. A. 1894, s. 267, and see notes thereon. (b) For form of ticket, see p. 636.

15. Where a passenger steamer takes on board passengers from a tender, or lands passengers by means of a tender, she embarked by shall be deemed to be taking the passengers on board from, or landing the passengers at, the port (a) from or to which the tender comes or goes, and passengers conveyed in a tender to or from a ship from or to a place in the United Kingdom shall for the purposes of Part III. of the principal Act, and for the purposes of any returns (b) to be made under the Merchant Shipping Acts, be deemed to be passengers carried from or to a place in the United Kingdom.

Restriction

as to the decks on which passengers may be carried.

Regulations substituted

for Schedules

10, 11, 12,

13 and 14 of principal Act.

(a) "Port" includes place. See M. S. A. 1894, s. 742.
(b) As to such a return, see s. 76, post.

16 (a).—(1.) A ship shall not carry passengers, whether cabin or steerage passengers, on more than one deck below the water line.

(2.) If this section is not complied with in the case of any ship the master of the ship shall for each offence be liable to a fine not exceeding five hundred pounds (b).

(a) This section apparently takes the place of the repealed s. 291 of M. S. A. 1894.

(4) The procedure for the recovery of this fine is not clear. M. S. A. 1894, s. 680 (prosecution of offences under Act of 1894 generally) cannot apply as it is limited to offences punishable by (imprisonment or) fines not exceeding 1007. Nor is there any provision incorporating this section with Part III. (Passenger and Emigrant Ships) so as to apply s. 357 of that Act.

17.-(1.) The Board of Trade may prescribe regulations, scales, conditions, and forms in substitution for those contained in the Tenth, Eleventh, Twelfth, Thirteenth, and Fourteenth Schedules of the principal Act (which relate to the number of persons carried on emigrant ships (a), the accommodation for steerage passengers on emigrant ships, the provisions and water to be issued to steerage passengers on emigrant ships, the carriage of horses and cattle on emigrant ships, and the forms to be used under Part III. of that Act).

(2.) Any reference in the Merchant Shipping Acts or in any other Act or document to any of those schedules shall be construed as a reference to the corresponding regulations, scales,

conditions, or forms prescribed by the Board of Trade under this section.

(a) For definition of this term, see M. S. A. 1894, s. 268.

Pt. II. 18-20.

18. (1.) The master of every emigrant ship (a) shall on Copies of scale request produce to any steerage passenger for his perusal a copy of provisions of the scale of provisions to which that person is entitled either voyage to be in pursuance of the principal Act or under any conditions produced to subject to which the Board of Trade have dispensed with that steerage scale in pursuance of their powers under the Merchant Shipping and posted up Acts, and shall post up copies of the scale in at least two in ship. conspicuous places between the decks (b) 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.

(2.) The master shall be liable on summary conviction (c) to a fine not exceeding forty shillings for every day during any part of which by his act or default copies of the extracts are not posted up, and shall, if he fails to produce a copy of the scale as required by this section to a steerage passenger, for each offence be liable on summary conviction to a fine not exceeding forty shillings.

(3.) If any person displaces or defaces any copy of the scale posted under this section, he shall for each offence be liable on summary conviction to a fine not exceeding forty shillings.

(4.) The obligation of the master under this section shall be in addition to and not in derogation of any obligation he may be under in pursuance of section three hundred and sixty-one of the principal Act.

(a) For definition of this term, see M. S. A. 1891, s. 268.

(b) Compare s. 16, ante.

(c) If this section is to be read as forming part of Part III. of M. S. A. 1894, the persons who may prosecute are given in s. 356 of that Act; and as to summary procedure, see ibid. s. 680 et seq.

passenger

to the time

19. For the purpose of adapting section three hundred and Provision as twenty-eight of the principal Act to any hour of sailing, the following paragraph shall be substituted for paragraph (i) of that section:

at which a steerage passenger is

to embark.

"(i.) The steerage passenger is at the place of embarkation to be ready 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."

20.-(1.) The Board of Trade, on the application of the Power to owner of any emigrant ship, may, by regulations made under allow continuing master's this section, allow the master's bond (a) required under section bond. three hundred and nine of the principal Act, to be given,

Pt. II. 21-22.

Penalty on master or owner for non-com

pliance with provisions as

to passenger

steamers.

Overcrowding of

passenger

steamers.

subject to such conditions as may be prescribed, in the form of a continuing bond as respects that ship.

(2.) The Board of Trade may make regulations for the purpose of adapting the provisions of sections three hundred and nine and three hundred and ten of the principal Act to the case of a continuing bond, and for prescribing the conditions under which continuing bonds may be allowed in the case of any ship.

(3.) Sub-section (3) of section three hundred and ten of the principal Act shall have effect with respect to every voyage of the ship during the continuance of the bond, and references to the arrival of the ship and the return of the ship shall be construed as references to the arrival of the ship and the return of the ship after any voyage, so far as respects matters happening during or in connection with the voyage.

(a) As to insertion in master's bond of an engagement to call at intermediate port for water, see M. S. A. 1894, s. 297.

21. If the provisions (a) of the Merchant Shipping Acts which require a passenger steamer to be surveyed and to have a passenger steamer's certificate are not complied with in the case of any such steamer, the master or owner of the steamer shall, without prejudice to any other remedy or penalty under the Merchant Shipping Acts (b), be liable on summary conviction to a fine not exceeding ten pounds for every passenger (c) carried from or to any place in the United Kingdom, and the master or owner of any tender by means of which passengers are taken on board or landed from any such steamer shall be liable to a like penalty for every passenger so taken on board or landed.

(a) For these provisions, see M. S. A. 1894, s. 271, 272.

(b) As to such remedies and penalties, see M. S. A. 1894, ss. 271, 284, and cf. note (c) to s. 18, M. S. A. 1906.

(c) For definition of "passenger," see M. S. A. 1894, s. 267, and notes thereon.

22. If a passenger steamer (a) has on board at any place a number of passengers (a) which, having regard to the time, occasion, and circumstances of the case, is greater than the number allowed by the passenger steamer's certificate, the owner or master of the steamer shall, for the purposes of section two hundred and eighty-three of the principal Act, be deemed to have received those passengers on board at that place (b).

(a) For definition of "passenger steamer," see M. S. A. 1894, s. 267, and notes thereon.

(b) This section makes it an offence "to have on board" as well as "to receive on board." Thus, it would seem, a conviction might be obtained for a breach of M. S. A. 1894, s. 283, at each port at which a passenger steamer calls, so long as she has an illegal number on board.

Pt. II.

23-24.

23. The provisions (a) of Part III. of the principal Act relating to passage brokers, shall apply to any person who at any Pt. III. 25. place in the British Islands (b) sells or lets, or agrees to sell or let, or is anywise concerned in the sale or letting of, steerage passages (c) from any place in Europe not within the Mediterranean Sea.

(a) See s. 341 et seq.

(b) Defined by Interpretation Act, 1889, s. 18. See ante, p. 420.

(c) For definition of "steerage passage," see M. S. A. 1894, s. 268 (4).

Semble, this s. 23 includes a passage in a ship sailing from a port in Europe

not within the Mediterranean Sea to any port, whether or not in the United Kingdom.

Sale of steerage passages.

24. The following section shall be substituted for section Frauds in three hundred and fifty-three of the principal Act:

inducing or

induce persons

"If any person by any false representation, fraud, or false attempting to pretence, induces or attempts to induce any person to emigrate to engage or to engage a steerage passage (a) in any ship, he shall for passages. 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" (b).

(a) For definition of “steerage passage," see M. S. A. 1894, s. 268 (4). (b) For prosecution of offences, see M. S. A. 1894, ss. 680 et seq.

PART III.-SEAMEN'S FOOD (a).

for crew.

25.-(1.) The master of every ship for which an agreement Statutory with the crew (b) is required under the Merchant Shipping Acts scale of shall, if the agreement is made after the first day of June provisions nineteen hundred and seven, furnish provisions to every member of the crew (who does not furnish his own provisions) in accordance with the scale set out in the First Schedule to this Act, and for the purposes of section one hundred and ninetynine of the principal Act (which provides for compensation in the case of short or bad provisions) every such member of the crew of the ship shall be deemed to have stipulated by his agreement for provisions in accordance with that scale.

(2.) The power of the court to modify or refuse compensation under section one hundred and ninety-nine of the principal Act shall be extended to cases where a member of the crew claiming compensation, although he has not been supplied with the provisions actually required by the scale, has been supplied with provisions containing on the whole the same or a greater amount of wholesome nutriment in their place.