Regulations of which the compartments are divided off by watertight bulkheads extending to the upper deck. (2.) Clear space on the spar or weather deck must be left for the use and exercise of the passengers, at the rate of at least ten superficial feet for each statute adult. (3.) No greater number of passengers may be carried than in the proportion of fifteen to every one hundred tons of the registered tonnage. (4.) In passenger ships of less than five hundred tons registered tonnage not more than two head of large cattle may be carried, nor in passenger ships of larger tonnage more than one additional head of such cattle for every additional two hundred tons of the ships registered tonnage, nor may more in all be carried in any passenger ship than ten head of such cattle (b). (5.) Proper arrangements must be made, to the satisfaction of the emigration officer at the port of clearance, for the housing, maintenance, and cleanliness of the animals, and for the stowage of their fodder. (6.) Not more than six dogs, and no pigs or male goats, may be conveyed as cargo in any passenger ship. By sect. 62 of the 18 & 19 Vict. c. 119, no person may directly or indirectly sell any spirits or strong waters during the voyage to any passenger. By sect. 59 of the last-mentioned act, the Queen in Council for preserving is empowered to make regulations for the following purposes:— (1.) For preserving order, promoting health and securing order, &c. cleanliness and ventilation on board of "passenger ships" proceeding from the United Kingdom to any port or place in the Queen's possessions abroad. (2.) For permitting the use on board of "passenger ships" of an apparatus for distilling water, and for defining in these cases the quantity of fresh water to be carried in tanks or casks for the passengers. (3.) For prohibiting emigration from any port at any time (b) The terms "large cattle" include both sexes of horned cattle, deer, horses and asses. Four sheep of either sex, or four female goats are equivalent to and may be carried in lieu of one head of large cattle. For any breach of the regulations contained in this section, the owner, charterer and master, are liable to a penalty not exceeding 1001. and not less than 51. Ib. when choleraic or any epidemic disease may be generally (4.) For requiring duly qualified medical practitioners to be By sects. 60 and 61, the medical practitioner on board (aided by the master), or the master alone, if there is no medical man on board, is bound to exact obedience to all these regulations. Abstracts of the act and of the regulations must be posted up on board, and any infringement of them, or obstruction to their execution, and any riotous or insubordinate conduct, or offence against any of the provisions of the act, may be punished by fine and imprisonment on a conviction before two justices. Any person defacing or displacing the abstracts is also liable to a fine. &c. Provisions were contained in sects. 51, 53 and 54 of the Forwarding 18 & 19 Vict. c. 119, with reference to the forwarding of passengers in cases of wreck, passengers in cases of wreck and to their maintenance in the meantime; and also with reference to passengers landed at places other than those at which they had contracted to land. These sections have, however, been repealed by sect. 12 of the 26 & 27 Vict. c. 51, and the following provisions have been substituted by that act in lieu of them. By sect. 14 of the 26 & 27 Vict. c. 51, if any passenger ship is wrecked or rendered otherwise unfit to proceed on her intended voyage while in any port of the United Kingdom, or after the commencement of the voyage, and if the passengers or any of them are brought back to the United Kingdom, the master, charterer, or owner, must, within forty-eight hours, give a written undertaking to the following effect (d). If the ship has been wrecked or rendered unfit to proceed, (c) The order in council now in force relating to this subject, which was issued on the 25th February, 1856, will be found post, App. p. cccv. Before the passing of the 18 & 19 Vict. c. 119, an order in council, dated the 16th Oc tober, 1852, was in force under the Pas- (d) The undertaking must be given the undertaking must be that the owner, charterer, or master, will embark and convey the passengers in some other eligible ship to sail, within six weeks from that date, to the place for which their passage has been taken. If the ship has put into port in a damaged state, the undertaking must be that she shall be made seaworthy and fit in all respects for the intended voyage, and shall within six weeks from that date sail again with her passengers. By the same section, in either of the above cases the owner, charterer, or master must until the passengers proceed on their voyage, either lodge and maintain them on board in the same. manner as if they were at sea, or pay to them subsistence money after the rate of one shilling and sixpence a day for each statute adult, unless they are maintained in any hulk or establishment under the superintendence of the emigration commissioners, in which case the subsistence money must be paid to the emigration officer. If the substituted ship or damaged ship does not sail within the time prescribed, or if default is made in any of the requirements of this section, the passengers, or any emigration officer on their behalf, may recover, by summary process, (in the manner provided in the 18 & 19 Vict. c. 119,) all their passage money from the person to whom, or on whose account it has been paid, or from the owner, charterer, or master at the option of the passengers or of the emigration officer (e). By sect. 15 of the 26 & 27 Vict. c. 51, if any passengers or cabin passengers of any passenger ship find themselves, without neglect or fault of their own, at a colonial or foreign place other than that for which the ship was originally bound, or at which they have (or the emigration commissioners or any public officer or other person on their behalf has) contracted that they shall be landed, the British local authorities may forward them to their destination, unless the master, within forty-eight hours of their arrival, gives a written undertaking to forward them or carry them to it within six weeks, and performs this undertaking (f). By sect. 16, passengers who are forwarded under these circumstances are not, however, entitled to the return of (e) In these cases the emigration officers may, if they think it necessary, direct that the passengers shall be removed from the ship at the expense of the master. Any passenger refusing to leave the ship after this direction is liable to a penalty or to imprisonment not exceeding a month. Ib. (f) The undertaking must be given to the governor of the colony, or to the consular officer on the spot. Ib. their passage money, or to compensation for their loss of passage under the provisions of the earlier act. By sect. 52 of the 18 & 19 Vict. c. 119, it is provided that if the passengers or cabin passengers of any passenger ship are taken off from the ship, or picked up at sea from any boat, raft or otherwise, the expense thereby incurred may be defrayed by one of the secretaries of state, if they are conveyed to any place in the United Kingdom, or by the governor of the colony, or consular officer, if they are landed in any English colony, or in a foreign country. By sect. 16 of the 26 & 27 Vict. c. 51, the expenses incurred by the British authorities in the cases provided for by sect. 15 of that act, and by sect. 52 of the 18 & 19 Vict. c. 119, including the expenses of maintaining the passengers until they are forwarded, and the cost of necessary bedding, provisions, and stores, become a debt to the Crown from the owner, charterer and master, and they are recoverable from them, or any of them, in the same way as an ordinary Crown debt (g). No greater sum can, however, be recovered than twice the total amount of passage money received or due to and recoverable by the owner, charterer or master, on account of the whole number of passengers and cabin passengers embarked in the ship; which amount must be proved by the defendant if he claims the advantage of this limitation (h). By sect. 55 of the 18 & 19 Vict. c. 119, no insurance effected in respect of any passages, or of any passage or compensation money, by any one made liable, in the events mentioned above, to provide the passages or pay the money, or in respect of any other risk under the act, is invalid by reason of the nature of the risk or interest. By sect. 56 of this act, no passenger may be landed without Disembarkahis previous consent at any other place than that for which he tion. has contracted, unless the landing is necessary owing to perils of the sea or other unavoidable accident. (g) It is provided by the same section, that a certificate in a form given in the schedule to the act (see post, App. p. ccxlvi) and signed by the secretary of state, governor, or consular officer, stating the amount of these expenses shall be receivable in evidence, and be deemed sufficient evidence of Common law served. By sect. 57 of the 18 & 19 Vict. c. 119, every passenger in a "passenger ship" is entitled at the end of his voyage to sleep and be maintained on board for forty-eight hours, unless the ship proceeds sooner on her further voyage. By sect. 58, it is expressly provided that nothing in the act remedies pre- contained is to abridge or take away any right of action which may accrue to any passenger in any ship, or to any other person, in respect of the breach or non-performance of any contract with the master, charterer, or owner of any ship, or their agent, or any passage broker. Passage brokers. It is also provided by sect. 65 of this statute, that in the absence of any agreement to the contrary, the owner is to be the party ultimately responsible as between himself and the other persons made liable by the act in respect of any disobedience to its provisions; and that these last-mentioned persons shall be entitled, in the event of their paying to any passengers any sums of money payable under the act, to recover the same with costs from the owner, in the absence of such agreement. any This act also contains some important provisions with reference to passage brokers and their agents. By sect. 66, no person whatever (except the Emigration Commissioners, and persons contracting with them, or acting under their authority, and persons acting as agents of passage brokers under a form of appointment prescribed by the act) may directly or indirectly act as a passage broker, in respect of passages from the United Kingdom to any place out of Europe, and not on the Mediterranean, or sell or let, or agree to sell or let, or be concerned in the sale or letting of these passages in any ship, whether a "passenger ship" or not, until he has, with two sureties, entered into a bond to the Crown conditioned for the observance of all the regulations of the act, and has also obtained a licence (i). (i) See the form of this bond, post, App. p. cccvii. These bonds must be executed in duplicate and do not require a stamp. Sworn brokers of the city of London are not required to enter into them, s. 66. The licences must be The renewed annually. See s. 67. |