return of passage money, or as damages for breach of such contract as
aforesaid, as the case may be,] [(e) and shall also pay to the said A. B. the
further sum of £
as compensation for the loss and inconvenience
occasioned to (ƒ)
by the loss of passage in the ship

].
(g) (And I [or we] do also adjudge and order that the licence granted to
the said C. D. to act as a passage broker be forfeited.)

(h) (And I [or we] do hereby also adjudge and order that the sum of £ being a part not exceeding one moiety of the said penalty of £ be applied to compensate (i) for the wrong or damage which he [she

for the costs and

or they] has or have sustained in this matter.)
And I [or we] do further adjudge and order that the said C. D. shall
forthwith pay to the said A. B. the further sum of £
charges by him the said A. B. incurred in the prosecution of this matter.
Given under my hand and seal [or our hands and seals], this

of

18 .

Signature

(e) Insert this in

cases where compensation is

awarded.

(ƒ) Name the

passenger or pas

sengers by or on whose behalf the

compensation is

awarded.
(g) Insert this

where the of

fender is a passage broker, and

his licence is de

clared forfeited.
(h) Insert this
where compensa-

day tion out of the

penalty is awarded to any aggrieved passenger.

(i) Name the passenger or pas

sengers.

(k) State county

or district, &c.

as the case may

be.

Form of Conviction and Order of Adjudication where the Defendant does

not appear.

Be it remembered, that C. D. of

being duly

A. B. Complainant. summoned to answer the complaint of A. B. (a) for a

C. D. Defendant.

County, or city, or
borough, or police
district, or stew->
artry of
[as
the case may be].

breach of the section [or sections] of the "Pas-
sengers Act, 1855" in that, &c. (b) or [as the case
may be], for a breach of the contract contained in a
certain contract ticket, dated

to

for a passage to

and issued by

in the ship

did not appear before me [or us], pursuant to the said summons. Nevertheless, I [or we] did proceed to examine into the complaint so preferred against the said C. D., and the same having been duly proved to my [or our] satisfaction by the testimony on oath of E. F. (c), a credible witness [or witnesses], I [or we] do, &c. (proceed as in preceding form of conviction according to the circumstances of the case).

TABLE showing the mode in which the Sections of the Indian Orders in Council relating to Passenger Ships correspond with the Sections of the Merchant Shipping Act, 1854(a).

Indian Orders in

Council of 1859.

Sect. alvances of

wages.]

corresponds with

168

The power given to the Governor-General by sect. 79 of the 18 & 19 Vict. c. 119,
has been exercised by act 2 of 1860. Sect. 1 adopts sects. 2, 3 and 4 of the Eng-
lish act for voyages of emigrant ships from Calcutta, Madras and Bombay to
Mauritius, Jamaica, British Guiana, Trinidad, St. Lucia and Grenada, and from
ports of British India to ports in the Red Sea and Persian Gulf.
Sect. 2 corresponds with sect. 52 of the English act.

523

(b) Courts having Admiralty juris-
diction in India, and where there is
none, the principal Criminal Court at
every port in India, are authorized to
try charges of incompetency and mis-
conduct against any master, mate, or

engineer, and to make inquiry as to
shipwreck or other casualties affecting
ships. The local Governments have
power to direct similar inquiries on the
conduct of masters or mates certificated
by any local (Indian) Government.

INDEX.

of seamen (see Desertion), 126, 172.

justification of, 127.

punishment of, 129.

how purged, 128.

ACCEPTANCE,

of goods under bill of lading (see Bill of Lading, Freight), 288.
ACCIDENTS,

should be communicated to owner, 101.

to steam vessel to be reported to Board of Trade, 101, 521.
ACCOUNTS,

settlement of, between part owners, 80.

ACIDS (see Lime Juice).

ACTION,

damage done to ship in, not a general average, 326.

ACTIONS (see Remedies).

power of Courts to stay, if brought for loss of life, personal injury, or
damage to goods, 54, note.

no right of action for loss of life or injury until inquiry instituted or refused
by Board of Trade, 54, note.

what constitutes refusal, 54, note.

by and against part owners, 72, 73, 80.

on charter-parties, 251-255.

on bills of lading, 265-268.

for demurrage, 308.

on policies of insurance, 424-428.

on bottomry bonds, 441.

for collision, in Court of Law, 461.

in Court of Admiralty, 466.

by salvors, 487, 488.

ACTS OF GOD,

what they are, 259.

ship owner not liable for, 259.

ADJUSTMENT (see General Average, Losses of Ship).

of average losses, 328.

of losses under policies of insurance (see Insurance), 418.
usage, as to, 418.

on valued policies, 418.

on open policies, 418.

on goods, if loss total, 419.

if loss partial, 420.

loss to be computed on gross proceeds, 420.

on freight, 420.

how and by whom made, 420.

liability of broker, 421.

effect of settlement in account with, 421, 422.

set-off of premiums, 421, 422.