Ordnance Board. State. III. All Contracts, Covenants, and Agreements heretofore made Contracts, &c. or entered into by any Person or Persons whomsoever with the made by the said Principal Officers of the Ordnance, or any Person or Persons Principal Officers relating to on their Behalf, as to or concerning any Lands, Hereditaments, the Public SerEstates, and Property vested in or agreed to be purchased by the vice to be ensaid Principal Officers, or in anywise relating to the Public Ser- forced by vice, shall be deemed and taken to have been made or entered Secretary of into with such Principal Secretary of State as last aforesaid, and shall be executed and enforced by him in like Manner as if he had originally been Party thereto instead of the said Principal Officers of the Ordnance; and all Proceedings whatsoever which have been or might or may have been commenced, taken, or done in the Names of the said Principal Officers, on behalf of Her Majesty, shall and may hereafter be commenced, continued, taken, and done in the Name of such Principal Secretary of State as aforesaid, in like Manner (in the Case of Proceedings already commenced, taken, or done,) as if he had originally been Party thereto, instead of the said Principal Officers of the Ordnance. 18th Sections c. 94. to Bodies of State. IV. All Powers by the Tenth and Eighteenth Sections of the Powers given said first-mentioned Act given to Bodies Politic or Corporate, by 10th and Feoffees or Trustees for charitable or other public Purposes, of 5 & 6 Vict. Tenants for Life and Tenants in Tail, Husbands, Guardians, Trustees, Committees, Curators, and Attornies, respectively therein Corporate, &c. mentioned, to contract and agree for the absolute Sale or Exchange to sell, to be of any Messuages, Buildings, Castles, Forts, Lines, or other Forti- exercised by fications, Manors, Lands, Tenements, or Hereditaments, and for such Secretary the Sale of any Reversion, and the Grant of any Lease, and to convey, surrender, demise, or grant the same accordingly, shall continue in full Force, and hereafter may or shall be exercised or exerciseable, and be acted under or take effect, in favour or at the Instance of the last-mentioned Principal Secretary of State for the Time being, on behalf of Her said Majesty, and for the Public Service, in the same Manner and as effectually as the said Powers are in and by such recited Acts given or created or made exerciseable in favour or at the Instance of the said Principal Officers for the Time being on behalf of Her said Majesty, or for the Public Service, and all Enactments, Directions, and Provisions in the said recited Acts contained shall continue in full Force, and may or shall at all Times hereafter be by the last-mentioned Principal Secretary of State for the Time being acted on and take effect, and shall enure or take effect in favour of, and may be enforced by, such last-mentioned Principal Secretary and his Successors, on behalf of Her Majesty, and for the Public Service. V. In every Contract, Conveyance, Surrender, Lease, or other Assurance of any Lands, Hereditaments, Estates, or Property, with, unto, or by the last-mentioned Principal Secretary of State for the Time being, and in every other Deed or Instrument relating to any Lands, Hereditaments, Estates, or Property, or in anywise to the Public Service, to which the last-mentioned Principal Secretary of State for the Time being shall be or shall be intended to be a Party, it shall be sufficient to call or describe him by the Style or Title of "Her Majesty's Principal Secretary of State for the War L1 3 Depart Such Secretary of State to be described in ment." Ordnance Board. 17 & 18 Vict. Sale of Beer, &c. Department," without naming him; and every such Contract, Conveyance, Surrender, Lease, Assurance, Deed, or Instrument may be executed by such last-mentioned Principal Secretary of State, or by any other of Her Majesty's Principal Secretaries of State for the Time being, by signing his Name thereto, and if the Instrument so executed be in the Form of a Deed by setting or affixing a Seal thereto and delivering the same as his Deed; and whenever any Contract, Conveyance, Surrender, Lease, Assurance, Deed, or Instrument shall be executed by any other Principal Secretary of State than the Principal Secretary of State for the War Department the Principal Secretary of State so executing the same shall for that Time and on that Occasion, and for the Purposes thereof, be deemed to be the Principal Secretary of State for the War Department. 6 An Act to repeal the Act of the Seventeenth and Eighteenth WHEREAS the Act now in force for further regulating the Sale of fermented and distilled Liquors on the Lord's Day has been found to be attended with Inconvenience to the Public: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: I. That the Act of Parliament passed in the Seventeenth and c. 79. repealed. Eighteenth Years of the Reign of Her present Majesty, intituled An Act for further regulating the Sale of Beer and other Liquors on the Lord's Day, be and the same is hereby repealed. Licensed Vic tuallers prohi bited from opening Houses for Sale of Beer, &c. during certain Hours of Sunday, &c. Houses of public Resort pro hibited being opened for Sale II. It shall not be lawful for any Licensed Victualler, or Person licensed to sell Beer by Retail, to be drunk on the Premises, or not to be drunk on the Premises, or any Person licensed or authorized to sell any fermented or distilled Liquors, or any Person who by reason of the Freedom of the Mystery or Craft of Vintners of the City of London, or of any Right or Privilege, shall claim to be entitled to sell Wine by Retail, to be drunk or consumed on the Premises, in any Part of England or Wales, to open or keep open his House for the Sale of or to sell Beer, Wine, Spirits, or any other fermented or distilled Liquor between the Hours of Three and Five o'clock in the Afternoon, nor after Eleven o'Clock in the Afternoon on Sunday, or on Christmas Day, or Good Friday, or any Day appointed for a Public Fast or Thanksgiving, or before Four o'clock in the Morning of the Day following such Sunday, Christmas Day, Good Friday, or such Days of Public Fast or Thanksgiving, except to a Traveller or to a Lodger therein. III. No Person shall open any House or Place of public Resort for the Sale of fermented or distilled Liquors, or sell therein such Liquors, in any Part of England or Wales, between Three and Sale of Beer, &c. Passengers Act Amendment. Five o'clock in the Afternoon or after Eleven o'Clock in the of Liquors durAfternoon on Sunday, or on Christmas Day or Good Friday, or ing certain any Day appointed for a Public Fast or Thanksgiving, or before Hours on SunFour o'clock in the Morning of the Day following such Sundays, days, &c. Christmas Day, Good Friday, or such other Days appointed as aforesaid, except to Travellers. Houses. IV. It shall be lawful for any Constable at any Time to enter Power to Coninto any House or Place of public Resort in England or Wales for stables to enter the Sale of Beer, Wine, Spirits, or other fermented or distilled Liquor or Liquors; and every Person who shall refuse to admit or shall not admit such Constable into such House or Place shall be deemed guilty of an Offence against this Act. V. Every Person who shall offend against this Act shall be Penalty for Ofliable, upon a summary Conviction for the same before any Justice fences against of the Peace for the County, Riding, Division, Liberty, City, this Act. Borough, or Place where the Offence shall be committed, to a Penalty not exceeding Five Pounds for every such Offence, and every separate Sale shall be deemed a separate Offence. CA P. CXIX. An Act to amend the Law relating to the Carriage of Passengers by Sea. [14th August 1855.] WHEREAS it is expedient to amend "The Passengers Act, 15 & 16 Vict. 1852" Be it therefore enacted by the Queen's most Ex- c. 44. cellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: Prefatory ment of this Act, and Repeal of former Act, 15 & 16 Vict. c. 44., except I. On the First Day of October next, when this Act shall commence and come into force, "The Passengers Act, 1852," shall be Commencerepealed; except so far as the said Act repeals any former Act or Enactment; and except as to existing Passage Brokers Licences, which shall continue in force as mentioned in Section Sixty-eight of this Act, and except as to any Ship which shall have cleared out from any Colonial Port under the said Act, and before this as to existing Act shall have come into operation in such Colony; and except so Liabilities, far as may be necessary for supporting or continuing any Proceed- s. 68. of this ing heretofore taken or hereafter to be taken upon any Bond given Act, and under the said Act, or upon any other Civil Process; and except Order in Counas to the Recovery and Application of any Penalty for any Offence cil dated 16th committed against the said Act before the Commencement of this Oct. 1852. Act; and except also as to an Order in Council made by Her Majesty, with the Advice of Her Privy Council, on the Sixteenth Day of October One thousand eight hundred and fifty-two, in pursuance of the Powers given by the Fifty-fifth Section of the said Act, which said Order in Council shall remain in force until altered or revoked by any Order in Council to be made under the Provisions of this Act. II. In citing this Act in other Acts of Parliament, or in any Instrument, Document, or Proceeding, it shall be sufficient to use the Expression "The Passengers Act, 1855;" and in any for enforcing the Remedies or Penalties given or imposed by this L14 Process except as to an Short Title of Act; and in legal Proceedings Sections may be referred Act, to by Number. Prefatory Definition of this Act. Passengers Act Amendment. Act, it shall be sufficient, without specifying more particularly the Cause of Complaint or Offence, to refer by Number, according to the Copies of the Act printed by the Queen's Printer, to the Section or Sections under which the Procceding is taken. III. For the Purposes of this Act, the following Words and Terms used in Expressions, whenever they occur, shall respectively have the following Significations, if not inconsistent with the Context or Subject Matter; (that is to say,) Words of one Number or Gender shall impot both Numbers and all Genders respectively; the Expression "Her Majesty" shall include Her Heirs and Successors; the Expression "Consular Officer" shall signify and include Her Majesty's Consul General, Consul, and Vice Consul; the Expression "United Kingdom" shall signify Great Britain and Ireland, and the Islands of Guernsey, Jersey, Alderney, Sark, Scilly, and Man; the Expression "North America" shall signify and include the Bermudas, and all Ports and Places on the Eastern Coast of the Continent of North America, or in the Islands adjacent or near thereto, or in the Gulf of Mexico North of the Tropic of Cancer; the Expression " West Indies" shall signify the West India Islands, the Bahamas, British Guiana, and Honduras; the Expression "Governor" shall signify the Person who for the Time being shall be lawfully administering the Government of any British Colony in which he may be acting; the Expression "Statute Adult" shall signify any Person of the Age of Twelve Years or upwards, or Two Persons between the Ages of One and Twelve Years; the Expression "Passage" shall include all Passages except Cabin Passages; the Expression "Passengers "shall include all Passengers except Cabin Passengers, and except Labourers under Indenture to the Hudson's Bay Company, and their Families, conveyed in Ships the Property of or chartered by the said Company, and no Persons shall be deemed Cabin Passengers unless the Space allotted to their exclusive Use shall be in the Proportion of at least Thirty-six clear Superficial Feet to each Statute Adult, nor unless they shall be messed throughout the Voyage at the same Table with the Master or First Officer of the Ship, nor unless the Fare contracted to be paid by them respectively shall be in the Proportion of at least Thirty Shillings for every Week of the Length of the Voyage as computed under the Provisions of this Act for Sailing Vessels proceeding from the United Kingdom to any Place South of the Equator, and of Twenty Shillings for such Vessels proceeding to any Place North of the Equator, nor unless they shall have been furnished with a duly signed Contract Ticket according to the Form in Schedule (K.) of this Act; the Expression "Upper Passenger Deck" shall signify and include the Deck immediately beneath the Upper Deck, or the Poop or Round House and Deck House when the Number of Passengers and Cabin Passengers carried in such Poop, Round House, or Deck House shall exceed One Third of the total Number of Passengers which such Ship can lawfully carry on the Deck next below; the Expression "Lower Passenger Deck," the Deck next beneath the Upper Passenger Deck, not being an Orlop Deck; the Expression "Ship" shall Passengers Act Amendment. shall signify any Description of Sea-going Vessel, whether British or Foreign; the Expression "Passenger Ship" shall signify every Description of such Ship carrying upon any Voyage to which the Provisions of this Act shall extend more than Thirty Passengers, or a greater Number of Passengers than in the Proportion of One Statute Adult to every Fifty Tons of the registered Tonnage of such Ship if propelled by Sails, or of One Statute Adult to every Twenty-five Tons if propelled by Steam; the Expression "Master" shall signify the Person who shall be borne on the Ship's Articles as Master, or who, other than a Pilot, shall for the Time being be in charge or command of any such Ship or "Passenger Ship ;" and the Expression "Emigrant Runner" shall signify every Person other than a licensed Passage Broker or his bona fide salaried Clerk, who within any Port or Place of Shipping, or within Five Miles of the outer Boundaries thereof, for Hire or Reward, or the Expectation thereof, shall directly or indirectly conduct, solicit, influence, or recommend any intending Emigrant to or on behalf of any Passage Broker, Owner, Charterer, or Master of a Ship, Lodging House or Tavern or Shop Keeper, Money Changer or other Dealer or Chapman, for any Purpose connected with the Preparations or Arrangements for a Passage, or shall give or pretend to give to such intending Emigrant any Information or Assistance in any way relating to Emigration. Prefatory and Voyages this Act ex tends. IV. This Act shall extend to every "Passenger Ship" pro- To what Vessels ceeding on any Voyage from the United Kingdom to any Place out of Europe, and not being within the Mediterranean Sea, and on every Colonial Voyage as herein-after described, and, in the Particulars mentioned or referred to in Sections One hundred, One hundred and one, and One hundred and two, to every Ship bringing Passengers into the United Kingdom from any Place out of Europe and not being within the Mediterranean Sea; but shall not extend to any of Her Majesty's Ships of War, nor to any Ships in the Service of the Commissioners for executing the Office of Lord High Admiral of the United Kingdom, nor to any Ship of War or Transport in the Service of the East India Company, nor to any Steam Vessel regularly employed in the Conveyance of the Public Mails under an existing Contract with the Government of the State or Colony to which such Steam Vessel may belong, provided the Master thereof shall, on Demand, produce to the Emigration Officer at the Port of Clearance or Port of Departure a Certificate of Exemption, in the Form given in Schedule (A.) hereto annexed, under the Hand of the Postmaster General of the United Kingdom, or of some Person deputed by him for the Purpose, or in the Case of a Colony, under the Hand of the Governor thereof, or in the Case of a Foreign State, under the Hand of the Postmaster General or other competent Government Officer whose Signature shall be authenticated by the Signature of a British Consular Officer in such Foreign State. V. Such Certificate of Exemption shall be issuable at the Dis- Penalty on cretion of the Officer authorized to grant the same as herein-before fraudulently using Certifimentioned, and shall remain in force for the Period specified cates or using therein, unless sooner revoked, or unless the Vessel for which it fraudulent Cershall tificates. |
