tion out of penalties to party aggrieved Burden of proof to be on persons claiming exemption from act. Proof of negatives. Proof of a party being an emigra tion officer. Passengers suing witnesses. be lawful for the justices of the peace who shall impose any such penalty at the same time to direct, if they shall think fit, that a part, not exceeding one moiety thereof, be applied to compensate any passenger for any wrong or damage which he may have sustained by the act or default in respect of which such penalty or forfeiture shall have been imposed. 89. If in any suit, action, prosecution or other legal proceeding under this act any question shall arise whether any ship was or was not exempted from the provisions of this act or any of them, the burden of proving that such ship was so exempted shall lie on the party claiming the benefit of the exemption, and failing such proof it shall for any such purpose as aforesaid be taken and adjudged that the ship did come within the provisions of this act; and it shall not be necessary, in any information, complaint or other process or proceeding, to negative any exemption, proviso or condition contained in any section of this act on which such informstion, complaint or other process or proceeding shall be framed, neither shall it be necessary for the complainant to prove the negative, but the defendant may prove the affirmative thereof, if he will have advantage of the same. 90. If in any proceeding before any justice or justices of the peace under this act, or upon any action, suit or other proceeding whatsoever, against any person, for anything done either contrary to or in pursuance of this act. a question should arise whether any person is an emigration officer or assistant emigration officer, or an officer of customs, rirá roce evidence may be given of such fact by the officer himself, and shall be deemed legal and sufficient evidence. 91. Any passenger suing under this act for any sum of money made renot incompetent coverable by this act as passage money, subsistence money, or compensation, or damages, shall not be deemed an incompetent witness in any proceeding for the recovery thereof, notwithstanding the same, if recovered, shall be applicable to his own use and benefit. Tender of amends. Limitation of actions against officers executing the act. 92. No plaintiff shall recover in any action against any emigration officer, his assistant, government emigration agent, or officer of customs, or other person, for anything done in pursuance of this act, if tender of sufficient amends shall have been made before such action brought, or if, after action brought, a sufficient sum of money shall have been paid into Court, by or on behalf of the defendant. 93. No action or suit shall be commenced against any emigration officer, his assistant, government emigration agent, officer of customs or other person, for anything done in pursuance of or under the authority of this act, until ten clear days' notice in writing, specifying distinctly the cause of action, has been given to the officer, agent or person as aforesaid against whom such action or suit is intended to be brought, nor after three calendar months next after the act committed and mentioned in such notice for which such action or suit shall be so brought; and every such action shall be brought, laid and tried where the cause of action shall have arisen, and not in any other place; and the defendant in such action or suit may plead the plead the general general issue, and give this act and any special matter in evidence, at any trial which shall be had thereupon; and if the matter or thing shall appear to have been done under or by virtue of this act, or if it shall appear that such action or suit was brought before ten clear days' notice thereof given as aforesaid, or if any action or suit shall not be commenced within the time hereinbefore limited, or shall be brought or laid in any other place than as aforesaid, then the jury shall find a verdict for the defendant therein; and if a verdict shall be found for such defendant, or if the plaintiff in such action or suit shall become nonsuited, or suffer a discontinuance of Defendant may issue, &c. Costs. such action, or if upon any demurrer in such action judgment shall be given for the defendant thereon, then and in any of the cases aforesaid such defendant shall recover full costs of suit as between solicitor and client, and shall have such remedy for recovering the same as any defendant may have for his costs in any other case by law. 94. Where no time is expressly limited within which any complaint or Limitation of information is to be made or laid for any breach or nonperformance of legal proceedings any generally. of the requirements of this act, the complaint shall be made or the information laid within twelve calendar months from the time when the matter of such complaint or information respectively arose, or in case the master of any ship is the offender or party complained against, within twelve calendar months next after his return to the country in which the matter of complaint or information arose. Colonial Voyages. 95. And whereas it is expedient to provide in certain cases for the car- Colonial voyages riage of passengers by sea from her Majesty's possessions abroad: Be it defined. therefore enacted as follows: for the purposes of this act the term "colonial voyage" shall signify any voyage from any place within any of such possessions (except the territories under the government of the East India Company and the island of Hong Kong) to any place whatever, where the distance between such places shall exceed four hundred miles, or the duration of the voyage, to be prescribed as hereinafter mentioned, shall exceed three days. 96. This act shall apply, so far as the same is applicable, to all ships This act to apply carrying passengers on any such “colonial voyage," except as to such parts of the act as relate to the following matters; (that is to say,) (1.) To passage brokers and their licences: (2.) To passengers' contract tickets : (3.) To emigrant runners : (4.) To the giving bond to her Majesty : (5.) To the keeping on board a copy of this act: (6.) To orders in council regulating emigration from the United Kingdom, or prescribing rules for promoting health, cleanliness, order and ventilation: Provided that if the prescribed duration of any "colonial voyage" be less The construction or thickness of the decks: The height between decks: Hospitals: to all colonial If any colonial voyage be less than three weeks, this act not to apply to subjects herein named. Light and ventilation : Passengers' cooks and cooking apparatus : The maintenance of passengers for forty-eight hours after arrival: Provided also, that in the case of such "colonial voyages" whereof the prescribed duration is less than three weeks, the requirements of this act respecting the issue of provisions shall not, except as to the issue of water, be applicable to any passenger who may have contracted to furnish his own provisions. 97. It shall be lawful for the governor of each of her Majesty's posses- Governor of colosions abroad, by any proclamation to be by him from time to time issued nies may, by profor that purpose (which shall take effect from the issuing thereof), to declare clare length of clamation, de voyage, and pre scribe scale of diet, medicines and medical comforts. what shall be deemed for the purposes of this act to be the length of the voyage of any ship carrying passengers from such possession to any other place whatsoever, and to prescribe such scale of diet for the use of the passengers during the voyage as he shall think proper, and also to declare what medicines, medical comforts, medical instruments and other matters shall be deemed necessary for the medical treatment of the passengers during such colonial voyage:" and the provisions and requirements of every such proclamation shall be enforced in all her Majesty's dominions as if they were incorporated in this act, and in like manner as the proviCopies of procla- sions of this act may be enforced; and a copy of any such proclamation, purporting to be under the hand of the governor of the colony wherein the same may have been issued, and under the public seal of such colony, shall in any part of her Majesty's dominions wherein the same shall be produced be received as good and sufficient evidence of the due issuing and of the contents of such proclamation, unless it shall be proved that such copy is not genuine. mations to be received as evidence. Provision for survey of ships in the colonies, and for appointing surgeon thereto. Power to the governor-general of India in coun cil, by any act to be passed for that this act for India, and to make rules purpose, to adopt respecting food, passengers, surgeons, &c.; 98. It shall be lawful for the governors of any such possessions respectively to authorize such person or persons as they may think fit to make the like survey and examination of passenger ships" sailing from such possessions respectively as is hereinbefore required to be made by two or more competent surveyors in respect of "passenger ships" sailing from the United Kingdom, and also to authorize in such cases, as to such governors may seem proper, any competent person to act as medical practitioner on board any "passenger ship" proceeding on a "colonial voyage." 99. This act shall not apply to any of the territories or places under the government of the East India Company: it shall, however, be lawful for the Governor-General of India in council, from time to time, by any act or acts to be passed for that purpose, to declare that this act or any part thereof shall apply to the carriage of passengers upon any voyage from any ports or places within such territories, to be specified in such act or acts, to any other places whatsoever, to be also specified in such act or acts; and also in like manner to authorize the substitution, as respects such voyages, of other articles of food and provisions for those hereinbefore enumerated; and to declare the rule of computation by which the length of any such voyage shall be estimated; and to determine the persons or officers who in such territories shall be entitled to exercise or perform the powers, functions or duties hereinbefore given to or imposed upon the emigration officers and officers of customs in the United Kingdom; and to authorize the employment on board any ship of a medical practitioner duly qualified by law to practise as a physician, surgeon or apothecary within such territories; and to declare for the purposes of this act the space necessary for passengers, and the age at which two children shall be considered equal to one statute adult, in ships that may clear out from any port or and to declare in place within such territories; and also to declare in what manner, and what manner penalties, &c. may be sued for and recovered. Indian act may be enforced in the colonies in like manner as this act. before what authorities, and by what form of proceedings, the penalties imposed and the sums of money made recoverable by this act shall be sued for and recovered within such territories, and to what uses such penalties shall be applied and on the passing of such Indian act or acts, and whilst the same shall remain in force, all such parts of this act as shall be adopted therein shall apply to and extend to the carriage of passengers upon such voyages as in the said Indian act or acts shall be specified. The provisions of such Indian act shall be enforced in all her Majesty's possessions in like manner as the provisions of this act may be enforced: every such Indian act shall be subject to disallowance and repeal, and shall in the same manner be transmitted to England, to be laid before both Houses of Parliament, as in the case of any other law made by the Governor-General in council. Voyages to the United Kingdom. master of the 100. The master of every ship bringing passengers into the United Kingdom from any place out of Europe, and not within the Mediterranean Sea, shall, within twenty-four hours after arrival, deliver to the emigration List of passenofficer or his assistant, or in their absence to the chief officer of customs at gers brought into the United Kingthe port of arrival, a correct list, signed by such master, and specifying the dom to be denames, ages and callings of all the passengers embarked, and also the port livered by the or ports at which they respectively may have embarked, and showing ship to the emiwhich, if any of them, may have died, with the supposed cause of death, or gration officer. been born on the voyage; and if any master shall fail so to deliver such Penalty for list, or if the same shall be wilfully false, he shall, on conviction, as herein- neglect. before mentioned, be liable to a penalty not exceeding fifty pounds. Such Returns of births emigration or customs officer shall, upon receipt of such list, transmit the and deaths at sea particulars respecting any passenger named therein who may have died, registrar-general. with the supposed cause of death, or been born on the voyage, to the registrar-general of births, deaths and marriages, who shall file the same, and enter a copy thereof under his hand in the "Marine Register Book," which entry shall be dealt with and be of the same value as evidence as any other entry made in such book under the provisions of an act passed in the session of Parliament held in the sixth and seventh years of the reign of her present Majesty, intituled "An Act for registering Births, Deaths 6 & 7 W. 4, c. 86. and Marriages in England." 101. If any ship bringing passengers into the United Kingdom from any place out of Europe shall have on board a greater number of passengers or persons than in the proportions respectively prescribed in the fourteenth section of this act for ships carrying passengers from the United Kingdom, the master of such ship shall be liable, on such conviction as herein before mentioned, to a penalty not exceeding ten pounds nor less than five pounds for each such person or statute adult constituting any such excess. to be made to the Provisions and water to begers brought into the United Kingin ships carrying passengers from sued to passen dom the same as 102. The master of every passenger ship bringing passengers into the United Kingdom from any place out of Europe shall make to each statute adult during the voyage, including the time of detention, if any, at any port or place before the termination thereof, issues of pure water and of good and wholesome provisions in a sweet condition, in quantities not less in amount than is prescribed in the thirty-fifth section of this act for passengers proceeding from the United Kingdom; and in case of noncompliance with any of the requirements of this section the master of such ship shall, on such conviction as herein before mentioned, be liable for each fault. offence to a penalty not exceeding fifty pounds. the United Kingdom. Penalty for de 103. The schedules to this act shall be deemed to be part of this act, Schedules to be and all the directions therein contained shall be duly followed and enforced, part of the act. under a penalty not exceeding ten pounds on the person failing to obey the same respectively. [The Forms contained in the Schedule to the above Act will be found, post, p. ccxcv.] 24 VICT. C. 10. An Act to extend the Jurisdiction and improve the Practice of the [17th May, 1861.] "WHEREAS it is expedient to extend the jurisdiction and improve the practice of the High Court of Admiralty of England:" Be it therefore enacted as follows: 1. This act may be cited for all purposes as "The Admiralty Court Act, Short title. 1861." 30 APPDX. As to claims for damage by any ship. High Court of Admiralty to decide questions 2. In the interpretation and for the purposes of this act (if not inconsistent with the context or subject) the following terms shall have the respective meanings hereinafter assigned to them; that is to say, Ship" shall include any description of vessel used in navigation not propelled by oars : "Cause" shall include any cause, suit, action, or other proceeding in the Court of Admiralty. 3. This act shall come into operation on the first day of June, one thousand eight hundred and sixty-one. 4. The High Court of Admiralty shall have jurisdiction over any claim for the building, equipping, or repairing of any ship, if at the time of the institution of the cause the ship or the proceeds thereof are under arrest of the Court. 5. The High Court of Admiralty shall have jurisdiction over any claim for necessaries supplied to any ship elsewhere than in the port to which the ship belongs, unless it is shown to the satisfaction of the Court that at the time of the institution of the cause any owner or part owner of the ship is domiciled in England or Wales: Provided always, that if in any such cause the plaintiff do not recover twenty pounds he shall not be entitled to any costs, charges or expenses incurred by him therein, unless the judge shall certify that the cause was a fit one to be tried in the said Court. 6. The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in England or Wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master or crew of the ship, unless it is shown to the satisfaction of the Court that at the time of the institution of the cause any owner or part owner of the ship is domiciled in England or Wales: Provided always, that if in any such cause the plaintiff do not recover twenty pounds he shall not be entitled to any costs, charges or expenses incurred by him therein, unless the judge shall certify that the cause was a fit one to be tried in the said Court. 7. The High Court of Admiralty shall have jurisdiction over any claim for damage done by any ship. 8. The High Court of Admiralty shall have jurisdiction to decide all questions arising between the co-owners, or any of them, touching the owneras to ownership, ship, possession, employment and earnings of any ship registered at any port in England or Wales, or any share thereof, and may settle all accounts outstanding and unsettled between the parties in relation thereto, and may direct the said ship or any share thereof to be sold, and may make such order in the premises as to it shall seem fit. &c., of ships. Extending 17 & to claim for sal vage of life. 9. All the provisions of "The Merchant Shipping Act, 1854," in regard 18 Viet c. 104, as to salvage of life from any ship or boat within the limits of the United Kingdom, shall be extended to the salvage of life from any British ship or boat, wheresoever the services may have been rendered, and from any foreign ship or boat, where the services have been rendered either wholly or in part in British waters. As to claims for wages and for disbursements by master of a ship. 10. The High Court of Admiralty shall have jurisdiction over any claim by a seaman of any ship for wages earned by him on board the ship, whether the same be due under a special contract or otherwise, and also |