Pt. III. cast upon the master by M. S. A. 1906, s. 18. As to posting up of passenger 362-363. steamer's certificate, see s. 281. (c) See s. 356 for recovery of fines. authority. c. 119, s. 82.] 362.-(1.) The authority having the control of any docks or Bye-laws by basins at any port in the British Islands from which emigrant harbour ships are despatched, may, with the approval of a Secretary of State, make bye-laws:(a.) for specifying the docks, basins, or other places at which persons arriving by sea at the port for the purpose of emigration, or actually emigrating therefrom, shall be landed and embarked; (b.) for regulating the mode of their landing and embark ation: (c.) for the storing and safe custody of their luggage; (e.) for admitting persons to and excluding persons from (2.) The authority may attach a fine not exceeding five pounds to a breach of any such bye-law, and instead of an emigration officer the authority shall sue for and recover the fine. (3.) The authority making a bye-law under this section may, by their officers or servants or by any constable, arrest without warrant any person charged with a breach of the bye-law, and detain him until he can be brought before a justice of the peace, and that justice may try the case in a summary manner. (4.) A bye-law made under this section shall be published in the London Gazette (a). No bye-laws appear to have been made under this power. passenger in certain cases. 363. Where a foreign ship is a passenger steamer or emigrant Exemption ship within the meaning of this Part of this Act, and the Board from survey of Trade are satisfied, by the production of a foreign certificate of foreign of survey attested by a British consular officer at a port out of steamer or Her Majesty's dominions, that the ship has been officially emigrant ship surveyed at that port, and are satisfied that any requirements of this Act are proved by that survey to have been substantially [39 & 40 Vict. complied with, the Board may, if they think fit, dispense with c. 80, s. 19.] any further survey of the ship in respect of any requirement so complied with, and grant or direct one of their officers to grant a certificate, which shall have the same effect as if given upon survey under this Part of this Act (a): Provided that Her Majesty in Council may order that this section shall not apply in the case of an official survey at any port at which it appears to Her Majesty that corresponding advantages are not extended to British ships (b). (a) See, as to passenger ships, ss. 271 et seq. ; as to emigrant ships, s. 289. (b) The power continued in the proviso to this section appears never to have been exercised. Pt. III. 364-366. Application to certain voyages. [18 & 19 Vict. c. 119, s. 4; 26 & 27 Vict. C. 51, s. 4.] Limited Part III. of Application of Part III. as regards Emigrant Ships. 364. The provisions of this Part of this Act respecting emigrant ships shall apply to all voyages from the British Islands to any port out of Europe and not within the Mediterranean Sea. Cf. s. 268 (1) (definition of "emigrant ship"). As to voyages to the British Islands, see ss. 336-338. The exemption of H. M. ships is now covered by s. 741. 365.-(1.) This Part of this Act, so far as the same is application of applicable, shall apply to every ship carrying steerage passengers on a colonial voyage as defined by this Part of this Act (a), provided that the enactments thereof relating to― (a.) Master's bond (b); Act to colonial voyages. [18 & 19 Vict. c. 119, ss. 4, 96.] Modification (b.) Steerage passengers contract tickets (c); (c.) Orders in Council regulating emigration from the British Islands, or prescribing rules for promoting health, cleanliness, order, and ventilation (d); (d.) Passage brokers (e); (e.) Emigrant runners (e); and (f.) Posting of abstracts, and production of a copy, of this Part of this Act, shall not apply. (2.) Where the duration of a colonial voyage (as determined under this Part of this Act) (f) is less than three weeks, the enactments relating to— (a.) The regulations scheduled to this Act (g) as to the accommodation for steerage passengers; (b.) Medical practitioner, stewards, cooks, cooking apparatus, and manning with an efficient crew; and (c.) Maintenance of steerage passengers after arrival, shall also not apply. (3.) Where the duration of a colonial voyage (as determined under this Part of this Act) (f) is less than three weeks, the enactments relating to the issue of provisions shall not, except as to the issue of water, apply to any steerage passenger who has contracted to furnish his own provisions. (a) See s. 270, definition of "colonial voyage." (b) See ss. 309, 310, as to master's bond. (c) See ss. 320-323, as to passengers' contract tickets. (d) See s. 324, as to Orders in Council. (e) See ss. 341–352, as to passage brokers, emigrant runners. (f) See s. 269, scale for determining length of voyage. (g) See M. S. A. 1906, ss. 17, 85, Sched. II. 366.-(1.) The Governor of a British possession may by of provisions proclamation, of Part III. in their application (a.) Determine what shall be deemed, for the purposes of this Part of this Act, to be the length of the voyage of Pt. III. 367. to British any ship carrying steerage passengers from any port in that British possession to any other port; and (b.) Fix dietary scales for steerage passengers during the possessions. Voyage; and [18 & 19 Vict. 98.] (c.) Declare what medical stores shall be deemed necessary c. 119, ss. 97, for the medical treatment of the steerage passengers during the voyage. (2.) Every such proclamation shall take effect from the issue thereof, and shall have effect without as well as within the possession, as if enacted in this Part of this Act. (3.) The governor of a British possession may authorise such persons as he thinks fit to make a like survey of emigrant ships sailing from that possession as is by this Act required to be made by two or more competent surveyors in the case of emigrant ships sailing from the British Islands («). (4.) The governor of a British possession may authorise any competent person to act as medical practitioner on board an emigrant ship proceeding on a colonial voyage. (a) See s. 289, as to such preliminary survey. to numbers 367.-(1.) The governor of each of the Australasian Colonies, Power of that is to say, New South Wales, Victoria, South Australia, governors of Western Australia, Queensland, Tasmania, New Zealand, and colonies as any colony hereafter established in Australia, may by procla- of steerage mation make such rules as he thinks proper for determining the passengers. number of steerage passengers to be carried in any emigrant [16 & 17 Vict. ship proceeding from one of such colonies to any other of those Vict. c. 119, colonies, and for determining on what deck or decks, and s. 15; 24 & 25 Vict. c. 52, subject to what reservations or conditions, steerage passengers may be carried in such ship. (2.) The governor of any British possession may, if he thinks fit, declare by proclamation that ships intended to pass within the tropics from any port in such possession may convey steerage passengers, being natives of Asia or Africa, after the rate of one for every twelve superficial feet of the passenger deck instead of after the rate specified in the Tenth Schedule to this Act. (3.) Every such proclamation shall take effect from the issue thereof, or such other day as may be named therein, and shall have effect without as well as within the possession, as if it were enacted in this Part of this Act in substitution as respects the said ships for the Tenth Schedule (a) to this Act. (4.) The provisions of the Tenth Schedule (a) to this Act with. respect to the number of superficial feet to be allowed to each steerage passenger shall not apply to any ship proceeding from any port in the island of Ceylon to any port in British India in the Gulf of Manar or Palk's Straits, and the legislature of c. 84; 18 & 19 Ss. 1-4.] Pt. III. 368. Power for legislature of Part III. Ceylon may regulate by law the number of steerage passengers who may be carried on board such ships. (a) This schedule is to be repealed, and the reference to it is to be read as a reference to regulations, &c. made by the Board of Trade as soon as such regulations, &c. are made, see M. S. A. 1906, ss. 17 (2), 85, Sched. II. 368.-(1.) The provisions of this Part of this Act (other than the provisions relating to passenger steamers only) shall not apply to British India, except as in this section provided. (2.) The Governor General of India in Council may, by any Act passed for the purpose, declare that all or any provisions of this Part of this Act shall apply to the carriage of steerage passengers upon any voyage from any specified port in British India to any other specified port whatsoever; and may for the purposes of this Part of this Act (a.) fix dietary scales for the voyage, and authorise the substitution of those scales for the scale enacted by this Act; (b.) determine what shall be deemed to be the length of any such voyage; (c.) determine the persons or officers who in British India shall take the place of emigration officers and officers of customs in the British Islands; (d.) declare the space necessary for steerage passengers, and the age at which two children shall be treated as one statute adult, in ships clearing out from any port in British India; and (e.) authorise the employment on board any ship of a medical practitioner duly qualified according to Indian law; and (f.) provide for the recovery and application in British India of fines and sums of money under this Part of this Act, and the provisions of any such Act while in force shall have effect without as well as within British India as if enacted by this Act. (3.) Provided that any such Act shall be of no effect under this section, unless it be reserved for the signification of Her Majesty's pleasure thereon, or contain a suspending clause providing that the Act shall not come into operation until Her Majesty's pleasure thereon has been publicly signified in British India. As to the meaning of "British India," see the Interpretation Act, 1889, s. 18, post, p. 420. There appears to be no provision, with reference to Acts passed under the power here reproduced, similar to that in s. 735, sub-s. (2) (q. v.). Pt. IV. 369. PART IV.-FISHING BOATS. Part IV. consolidates the M. S. (Fishing Boats) Acts, 1883, 1887, certain sections of the Fisheries Acts, 1868, 1883, and other enactments relating to fishing boats. Its provisions for the most part apply to fishing boats in England and Ireland in lieu of the corresponding provisions of Part II. (Masters and Seamen). As to the partial application of Part II. to fishing boats (except as to Scotland) exclusively employed in fishing on the coasts of the United Kingdom, see s. 263, sub-s. (1), and when not so employed, sub-s. (2); and as to its more general application to fishing boats as respects Scotland, sub-s. (3). See also, as to Scotland, ss. 372, 389, and M. S. A. 1906, s. 81; British possessions, s. 372; and as to certain Newfoundland and other fishing vessels, s. 744. Application of Part IV., &c. 369.-(1.) This Part of this Act relates partly Application of Part IV. (a.) to all fishing boats and to the whole fishing service; [1883, ss. 3, and partly (b.) to all fishing boats of twenty-five tons tonnage and upwards; and partly (c.) to fishing boats being trawlers of twenty-five tons (2.) The Board of Trade may, by order published in the London Gazette (a)— (a.) exempt from the date in the order mentioned, any class of such trawler or trawlers belonging to any port from (b.) extend all or any of the provisions of this Part of this and may revoke or alter any such order by an order published in like manner, but such order shall not extend to any of the provisions relating to the fishing boat register, or to the boats and life-buoys to be carried on fishing boats. (3.) The Board of Trade may, before making any order under this section, institute such inquiry, as in their opinion may be required for enabling them to make the order, by such person as the Board may appoint, and the person so appointed shall for the purpose of the inquiry have all the powers of a Board of Trade inspector under this Act (c). (4.) The provisions of this Act with respect to fishing boats being trawlers shall, save as otherwise expressly provided, apply to vessels employed as tenders or carriers to fishing boats or for T. P 52.] |
