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By sect. 71, heavy penalties are incurred by brokers or others Contract who receive any money in respect of these passages without tickets. giving in exchange a contract ticket, in a form directed by the act. These tickets (of which two forms are given by the statute, one of which is applicable to cabin-passages) must state, amongst other things, the amount of the passage money, the register burden of the ship, the day appointed for sailing, and the statutory victualling 'scale which it is intended to adopt. They must also contain an acknowledgment of the amount of passage money which has been paid, and an engagement that the persons named in them shall be provided with a passage in the ship, and to the port mentioned in the tickets (k).

By sect. 72, persons who alter, or cause to be altered, any contract ticket, or induce any one to part with, or to destroy or render it useless during the continuance of the contract, are liable to a penalty.

remedy on.

By sect. 73 of this act, any question which may arise respect- Summary ing the breach of any of the stipulations in a contract ticket may, at the option of the passenger, be heard and determined in a summary way before justices (1).

By sect. 70, a heavy penalty is imposed upon persons who, by false representation as to the size of the ship, or otherwise, or by any false pretence or fraud whatever, induce any one to engage a passage in any ship.

runners.

By sect. 75, no person may act as emigrant runner without Emigrant being licensed and registered, and every runner must, while acting, wear a badge. The magistrates of any district may (by sect. 76) license persons recommended in writing by an emigration officer, or by the chief constable or head officer of police, to act as runners. These licences are registered by the nearest emigration officer, and must (by sect. 77) be renewed annually (m). Every runner must (by sect. 78) produce his

from him such an appointment. See s. 69.

(k) See the form of these tickets, post, App. pp. cccx, cccxi. They are not liable to stamp duty. The commissioners of emigration have power to vary the forms from time to time. All directions contained on the face of the tickets must be obeyed as if set forth in the statute; see s. 71. Passengers are

bound to produce their tickets on de-
mand to any emigration officer in the
United Kingdom, s. 74.

(1) The amount awarded must not
exceed the passage money and 20.;
and no passenger can use this summary
remedy if he has obtained compensation
or redress under any of the other pro-
visions of the act; see s. 73.

(m) By s. 81, lists of the runners,

Recovery of penalties, &c.

badge for inspection on demand; and he must if he changes his place of abode give notice to the emigration officer of the place where he is licensed (n); and it is provided by sect. 80, that no runner shall be entitled to recover from any passage broker any fee, commission, or reward for services connected with emigration, unless he acted under the written authority of the passage broker; nor may he take or demand from any person about to emigrate any fee or reward for procuring the passage or in any way relating thereto.

This act also enables the trustees of docks to make bye-laws, subject to the approval of the Secretary of State, for the regulation of the landing and embarkation of emigrants, and for licensing porters to attend upon them, and for storing their luggage, and admitting persons to or excluding them from the docks (0).

Numerous provisions are also contained in the Passengers Act, 1855 (the 18 & 19 Vict. c. 119), for the recovery and application of penalties, for the recovery of passage and subsistence monies, and of compensation, and for the protection of persons acting in pursuance of the act (p). It provides also by sect. 94, that where no time is expressly limited within which complaints for any breach of the act are to be made, they must be laid within twelve calendar months from the time when the matter of complaint arose, or, in case the master of the ship is the offender, within the same period after his return to the country in which the cause of complaint arose.

and of the persons authorized to act as
agents, must be exhibited in the offices
of the brokers, and sent to the emigra-
tion officers. These provisions, and
those of the earlier acts in this respect,
were intended to check the gross abuses
of the system of "emigrant runners,"
who interposed between the emigrants
and the passage brokers (often without
authority), and extorted from the bro-
kers a large percentage on the passage
money, which became indirectly a
charge on the emigrants by raising the
rate of the passage money. In Liver-
pool this percentage has amounted to
7 per cent. See the Report of the
Committee of the House of Commons
on Passengers Acts, August 2nd, 1851.

(n) The statute imposes penalties on
any persons who mutilate or deface
their badges, or wear them when un-

so.

licensed, or wear any badge not belonging to them, or permit others to do New badges may be issued by the emigration officers if they are satisfied that the old ones are lost, or they are delivered up in a mutilated or defaced state. See ss. 78 and 79.

(0) By s. 83, penalties are imposed upon persons falsifying or forging documents, or assuming to act as agents of the emigration commissioners, or personating persons named in any of the emigration documents.

(p) See ss. 84 to 93. Any emigration officer or other person sued for anything done in pursuance of the act is entitled to ten days' notice of action; the action must, moreover, be commenced within three calendar months after the act complained of; see s. 93.

It is not necessary to consider in detail the provisions of this Colonial act as to colonial voyages. They are chiefly applicable to voyages. voyages from ports in the colonies, other than the territories of the East India Company and the island of Hong Kong. Power is however given to the Governor-General of India in Council to adopt, where it may be thought expedient, the system established by the act (q). By the 24 & 25 Vict. c. 52, power is given to the Governor of the Australian colonies to prescribe by proclamation rules as to the number of passengers to be carried by passenger ships from one part of Australia to another part, and for determining on what deck, and subject to what remuneration, and conditions, passengers may be carried. While such proclamation is in force, the rules contained in the Imperial act are to cease to apply to vessels to which the proclamation is applicable.

the United

Kingdom.

Some important provisions are also contained in the Passengers Voyages to Act, 1855, with respect to vessels bringing passengers into the United Kingdom. These regulations are intended to compel the adoption by foreign vessels (r), and by vessels returning to our ports, of the more important parts of the system established by the act. Thus, by sect. 100, the master of every ship bringing passengers into the United Kingdom from any place out of Europe and not in the Mediterranean must, within twenty-four hours after arrival, deliver to the emigration officer, or in his absence to the chief officer of customs, at the port of arrival, a signed list, showing correctly the names, ages, and callings of all the passengers taken on board, and the ports at which they have been embarked, and mentioning any deaths (with their supposed cause) and any births among them during the voyage. And by sects. 101 and 102, the master of every ship, bringing passengers into the United Kingdom from any place out of Europe, is liable to heavy penalties if he has on board a greater number of

(q) See ss. 95 to 99. The powers given to the Governor-General of India in council by this act, have been exercised by acts 1 of 1859 and 15 of 1863. A statement will be found in the App., post, p. cccxiv, showing the correspondence between the sections of these Indian acts, and those of the M. S. Act, 1854.

M.P.

(r) We have already seen (ante, p. 522) that the definition of a "passenger ship" which is now in force, includes all sea-going vessels whether British or foreign, carrying on any voyage to which the 18 & 19 Vict. c. 119 extends more than a certain number of passengers. See the 26 & 27 Vict. c. 51, s. 3.

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passengers or persons than is allowed by the act in the case of ships carrying passengers from the United Kingdom; and he is also bound, during the voyage, to provide each statute adult with pure water and wholesome provisions, in quantities not less in amount than those which must be issued to passengers proceeding from the United Kingdom.

APPENDIX.

APPENDIX.

The Merchant Shipping Act, 1854, provided, by sect. 331, that all pilotage authorities should retain all powers and jurisdiction which they then lawfully possessed, so far as the same were consistent with the provisions of that Statute. The earlier Acts relating to pilotage were at that time in force (although they were subsequently repealed by the Merchant Shipping Repeal Act, 1854), so that it is necessary still to refer for some purposes to the earlier repealed Statutes. (See the text, Chapter V.) For this reason the main provisions of the 6 Geo. 4, c. 125, are retained here.

6 GEO. 4, c. 125.

An Act for the Amendment of the Law respecting Pilots and Pi-
lotage; and also for the better Preservation of Floating Lights,
Buoys and Beacons.
[5th July, 1825.]

1. Recites and repeals 52 Geo. 3, c. 39; 55 Geo. 3, c. 87, and all provisions in other acts relating to pilots and pilotage, repealed.

2. And be it further enacted, That from and after the passing of this act it shall be lawful for the said corporation of Trinity House of Deptford Strond, and they are hereby required, after due examination, to appoint and license, under their common seal, fit and competent persons duly skilled to act as pilots for the purpose of conducting all ships and vessels sailing, navigating and passing as well up and down or upon the rivers of Thames and Medway, and all and every the several channels, creeks and docks thereof or therein, or leading or adjoining thereto, between Orfordness and London Bridge, as also from London Bridge to the Downs, and from the Downs westward as far as the Isle of Wight, and in the English Channel from the Isle of Wight up to London Bridge, and all ships and vessels sailing, navigating and passing as aforesaid (save and except as hereinafter provided) shall be conducted and piloted, within the limits aforesaid, by such pilots so to be appointed and licensed, and by no other pilots or persons whomsoever: Provided always, that it shall be lawful for all pilots heretofore licensed by the said corporation of Trinity House of Deptford Strond, until the thirty-first day of January next after the passing of this act, and whilst their licences shall respectively continue in force, but no longer, to pilot or conduct any ships or vessels within such limits as such pilots might lawfully have conducted and piloted the same immediately before the passing of this act; and the licences so heretofore granted to such pilots respectively as aforesaid shall, unless revoked or suspended as hereinafter mentioned, continue in force, notwithstanding this act, until the said thirty-first day of January, so that such pilots respectively do in all things conform themselves to the provisions of this act, and the bye-laws, rules, orders and regulations hereinafter directed to remain in force or to be established under the same.

3. And be it further enacted, That no person shall be licensed by the said corporation of Trinity House of Deptford Strond as a pilot who shall not have served as mate for three years on board of or who shall not have 3 A

APPDX.

The corporation of Deptford Strond to license pilota to act limits.

of Trinity House

within certain

Pilots heretofore appointed may January next.

act until the 31st

No person shall be licensed by the corporation, except as herein

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