about the steamer, he shall for each offence be liable to a fine not exceeding twenty pounds (1). (3.) The master (m) or other officer of any such steamer (n), and all persons called by him to his assistance, may, without any warrant, detain any person who commits any offence against this section and whose name and address are unknown to the master or officer, and convey the offender with all convenient despatch before some justice of the peace to be dealt with according to law, and that justice shall with all convenient despatch try the case in a summary manner (o). (4.) If any person commits an offence against this section and on the application of the master (m) of the steamer, or any other person in the employ of the owner (p) thereof, refuses to give his name and address, or gives a false name or address, that person shall be liable to a fine not exceeding twenty pounds, and the fine shall be paid to the owner of the steamer (q). exclude on home 288. The master (m) of any home-trade (m) passenger Power to steamer () may refuse to receive on board thereof any drunken person who by reason of drunkenness or otherwise is in passengers such a state, or misconducts himself in such a manner, trade pasas to cause annoyance or injury to passengers (r) on senger board, and if any such person is on board, may put him steamers. on shore at any convenient place; and a person so refused 325. admittance or put on shore shall not be entitled to the return of any fare he has paid. 3. EMIGRANT SHIPS (s). Survey of Emigrant Ships(1). 1854, s. 289.-(1.) An emigrant ship (t), in respect of which a Prelimipassenger steamer's certificate (u) is not in force (r), shall not nary sur (1) See note (i), p. 226. (m) Defined, § 742. (n) § 287, s. 1, preamble. (0) Note (c), p. 225. Note to § 58. (7) How recovered, §§ 680-684. (r) Defined, § 267. (*) As to distinction between "emigrant ship" and "passenger (t) § 268, s. 1. (u) § 274. (x) § 278. vey of ship. emigrant clear outwards or proceed to sea on any voyage unless she has been surveyed under the direction of the emigration officer (2) at the port of clearance, but at the expense of the Vict. c. 80, owner (a) or charterer thereof, by two or more competent surveyors to be appointed at any port (b) in the British Islands (c) where there is an emigration officer (2) by the Board of Trade, and at other ports by the Commissioners of Customs, and has been reported by such surveyors to be in their opinion seaworthy and fit for her intended voyage. s. 18. (2.) The survey (d) shall be made before any portion of the cargo is taken on board, except so much as may be necessary for ballasting the ship, and such portion of cargo if laden on board shall be shifted, if required by the emigration officer (2) or the surveyors (d), so as to expose to view successively every part of the frame of the ship. (3.) If any such surveyors (d) report that the ship is not seaworthy, or not fit for her intended voyage, the owner (a) or charterer may, if he thinks fit, by writing (e) under his hand require the emigration officer (2) to appoint three other competent surveyors (of whom two at least must be shipwrights) to survey the ship at the expense of the owner (a) or charterer, and the said officer (2) shall thereupon appoint such surveyors, and they shall survey the ship, and if by unanimous report under their hands (ƒ), but not otherwise, they declare the ship to be seaworthy and fit for her intended voyage, the ship shall for the purposes of this Part of the Act be deemed seaworthy and fit for that voyage. (4.) If any requirement of this section is not complied with in the case of any emigrant ship (g), the owner (a), charterer, or master (b) of the ship or any of them shall for each offence be liable to a fine not exceeding one hundred pounds (h). (z) § 355. (a) See note to § 58. (b) Defined, § 742. (c) Int. Act, 1889, § 18, s. 1. (e) See Int. Act, 1889, § 20. (f) The three surveyors are the final Court of Appeal; all the sur veyors are protected by the Public Authorities Protection Act, 1893; see § 358. (g) § 268, s. 1. () As to recovery of this fine, see $$ 356, 357; ultimate liability of the owner, see § 359. Equipments. compasses chrono 290.—(1.) Every emigrant ship (i) shall, in addition to Equip any other requirement under this Act, be provided with ment with the following articles, namely:(a.) with at least three steering compasses, and one meters, azimuth compass; and (b.) if proceeding to any place north of the Equator, with at least one chronometer; and (c.) if proceeding to any place south of the Equator, with at least two chronometers; and (d.) with a fire-engine in proper working order and of such description and power, and either with or without such other apparatus for extinguishing fire as the emigration officer may approve; and (e.) with three bower anchors of such weight and with cables of such length, size, and material, as in the judgment of the emigration officer (k) are sufficient for the size of the ship; and (f) if a foreign ship (1), with four properly-fitted lifebuoys kept ready at all times for immediate use; and (g.) adequate means, to be approved by the emigration officer () at the port of clearance (m), of making signals by night. (2.) If any requirement of this section is not complied with in the case of any emigrant ship (i), the master (n) of that ship shall for each offence be liable to a fine not exceeding fifty pounds (0). fireengine, anchors, &c. 1855, s. 27. Number of, and Accommodation for, Passengers (p). 291.-(1.) A ship (n) shall not carry passengers (p), Regulawhether cabin or steerage passengers (q), on more than tions as to two decks, except that cabin passengers (q) not exceeding of pasone for every hundred tons of the ship's registered ton- sengers nage, and sick persons placed in hospital as hereinafter pro- 1855, s. 13. (i) § 268, s. 1. (k) § 355. (1) The life-saving appliances to be carried by a British ship are determined by rules under § 427. As to foreign ships, see definition, § 268, s. 1. (m) § 314. (n) Defined, § 742. (0) As to recovery of this fine, see §§ 356, 357; ultimate liability of the owner, see § 359. (p) Defined, § 267. (1) § 268, s. 3. carrying generally. Limit of vided may be carried in a poop or deck house, although passengers (r) are carried on two other decks. (2.) If steerage passengers (s) are carried under the poop, or in a round house, or deck house, the poop, round house, or deck house shall be properly built and secured to the satisfaction of the emigration officer (t) at the port of clearance (u). (3.) If any requirement of this section is not complied with in the case of any ship (r), the master () of the ship shall for each offence be liable to a fine not exceeding five hundred pounds (y). 292.-(1.) The number of steerage passengers (s) carried number of in an emigrant ship (a) shall not exceed the number passengers limited by the regulations in the Tenth Schedule to this steerage to be carried on emigrant 1855, s. 14. Act. (2.) If there is on board any emigrant ship (a) at or ships. after the time of clearance (u) a greater number of steerage passengers (s) than the number so limited (except as increased by births at sea), the master (r) of the ship shall be liable to a fine not exceeding twenty pounds for each steerage passenger (s) constituting such excess (). tions as to steerage Regula- 293. (1.) The regulations as to the accommodation for accommo- steerage passengers (s) in the Eleventh Schedule to this dation of Act, relating to the construction of passenger decks, to berths, to hospitals, to privies, and to the supply of light and ventilation, shall be observed in the case of all emigrant ships (a) as if they were contained in this section. passengers. 1855, ss. 20-26. (2.) If any requirement of this section is not complied with in the case of any emigrant ship (a), the owner (b), charterer, or master (r) of the ship or any of them shall for each offence be liable to a fine not exceeding fifty pounds (y), except that the master shall alone be liable to the fine (r) Defined, § 267. (8) § 268, s. 3. (t) § 355. (u) § 314. (x) Defined, § 742. (y) As to recovery of this fine, see §§ 356, 357; ultimate liability of the owner, see § 359. (a) § 268, s. 1. where he is in any such regulation expressed to be alone liable (d). 294. (1.) No part of the cargo or of the steerage Stowage of goods. passengers' (e) luggage, or of the provisions, water, or 1855, s. 29. stores, whether for the use of the steerage passengers (e) or of the crew (ƒ), shall be carried on the upper deck or on the passenger decks (9), unless in the opinion of the emigration officer (h) at the port of clearance (i) the same is so placed as not to impede light or ventilation or to interfere with the comfort of the steerage passengers (e), nor unless the same is stowed and secured to the satisfaction of the emigration officer (h); and the space thereby occupied or rendered in the opinion of such officer unavailable for the accommodation of the steerage passengers (e), shall (unless occupied by the said steerage passengers' luggage) be deducted in calculating the space by which the number of steerage passengers is regulated (k). (2.) If any requirement of this section is not complied with in the case of any emigrant ship (1), the owner (m), charterer, or master or any of them shall for each offence. be liable to a fine not exceeding three hundred pounds (n). Provisions, Water, and Medical Stores. and water. 295.-(1.) There shall be placed on board every emigrant Supply of ship (1), for the steerage passengers (e) provisions and provisions water of good and wholesome quality and in sweet and 1855, 98. 31, 32, 59. good condition, and in quantities sufficient to secure throughout the voyage the issues required by this Part of this Act (o). (2.) In addition to the allowance of pure water for each steerage passenger (e), water shall be shipped for cooking (d) This would exclude the ultimate liability of the owner under $ 359. (e) § 268, s. 3. (f) See note to § 113. (g) § 291, s. 1. (h) § 355. The emigration officer has the protection of the Public Authorities Protection Act, 1893; see § 358. See as to his liability, Steel v. Schomberg (1855), 4 E. & B. C20. (k) § 292, s. 1. (m) Note to § 58. (n) How recovered, see §§ 356, 357; as to ultimate liability of owner, see § 359. (0) § 298 and Schedule XII. |