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Passengers Act Amendment.
Prefatory shall have been issued shall sooner cease to be employed in carryClauses.
ing the Public Mails; and if any Person shall make or attempt to make
any fraudulent Use of any such Certificate, or shall forge, counterfeit, alter, or erase. the whole or any Part thereof, or shall use or attempt to use any spurious or fraudulent Certificate, the Person so offending, and every Person aiding and abetting in such Offence, shall be liable to a Penalty not exceeding Five hundred Pounds Sterling, and the Vessel for which the Exemption is claimed shall not be cleared out until all the Requirements of
this Act have been complied with. Commissioners VI. · And whereas by a Warrant under Her Majesty's Sign of Emigration
: Manual, bearing Date on the Twenty-seventh Day of November to carry this Act into exe
• One thousand eight hundred and forty-seven, Her Majesty was cution.
pleased to appoint certain Persons therein named under the . Style of “ The Colonial Land and Emigration Commissioners,” 'to be, during Iler Majesty's Pleasure, Commissioners in the • United Kingdom for the Sale of the Waste Lands of the Crown
of Her Majesty's Colonies, and for superintending the Emigra• tion of the poorer Classes of Her Majesty's Subjects to such • Colonies : And whereas it is expedient that such Commissioners • should be empowered to carry this Act into execution:' Be it therefore enacted, That the said Commissioners, and their Suc. cessors for the Time being, shall and they are hereby empowered to carry this Act into execution; and that for all legal and other Purposes it shall be sufficient to describe such Commissioners by
the Style of “ The Emigration Commissioners.” Emigration VII. The said Emigration Commissioners for the Time being Commissioners may sue and be sued in the Name of their Secretary, or of any may sue and be one of such Commissioners for the Time being, and legal or Name of their cquitable Proceedings taken by or against the said Commissioners Secretary, &c. in the Name of any one of them or of their Secretary shall not
abate nor be discontinued by the Death or Removal of such Secretary or Commissioner, but the Secretary for the Time being, or aný One of such Commissioners, shall always be deemed to be
thé Plaintiff or Defendant (as the Case may be) is any such ProCommissioners, ceedings : Provided always, that the said Commissioners and their &c. exempt Secretary, and the Emigration Officers herein-after mentioned from Liability. respectively, shall in no Case be personally liable, nor shall the
private Estate and Effects of any of them be liable, for the Pay. ment of any Monies or Costs or otherwise in respect of any
Contract made or hereafter to be made by them or any of them, or in respect of any legal or equitable Proceedings taken against them or any of them, or for any Act, Deed, or Matter done or executed by them or any of them in their or his official Capacity and on
the Public Service. Emigration VIII. In the United Kingdom the said Commissioners acting Officers to act under the Sanction of One of Her Majesty's Principal Secretaries under Commis- of State, and in Her Majesty's Possessions abroad the respective sioners, &c., but existing
Governors thereof, may from Time to Time appoint, and the said Appointments Commissioners and Governors may at pleasure from Time to Time to continue remove, such Emigration Officers and Assistant Emigration Officers until revoked. as they may respectively think necessary, for the Purpose of carry.
Passengers Act Amendment. ing this Act into execution, under the Direction of the said Com- Prefatory missioners or Governors, as the Case may be : Provided never
Clauses. theless, that all existing Appointments of Emigration Officers or Immigration Agents and of their Assistants, as well in the United Kingdom as in Her Majesty's Possessions abroad, shall continue in force under this Act until duly revoked.
IX. All Powers, Functions, and Duties to be exercised or per- Duties of Emiformed by any such Emigration Officer may be exercised and gration Officer performed respectively by his Assistant, or, at any Port where may be perthere shall be no such Emigration Officer or Assistant, or in their
formed by his
Assistant, &c. Absence, by the Chief Officer of Customs for the Time being at such Port.
X. The Master of every Ship, whether a “Passenger Ship” or Facilities to be otherwise, fitting or intended for the Carriage of Passengers, or given to the which shall carry Passengers upon any Voyage to which this Act proper Officers
for the Inspecextends, shall afford to such Emigration Officer as aforesaid at
tion of all Ships any Port or Place in Her Majesty's Dominions, and in the Case fitting for Pasof British Ships, to Her Majesty's Consular Officer at any Foreign sengers. Port or Place at which such Ship shall be or arrive, every Facility for inspecting such Ship, and for communicating with the Passengers, and for ascertaining that the Provisions of this Act, so far as the same may be applicable to such Ships, have been duly complied with ; the Master of any Ship who shall omit or fail to Penalty on comply with any of the Requirements of this Section shall be Master failing liable to a Penalty not exceeding Fifty Pounds.
to comply, &c. XI. No Ship fitted or intended for the Carriage of Passengers Arrangements as a “Passenger Ship” shall clear out or proceed to Sea until the for the Ship. Master thereof shall have obtained from the Emigration Officer at the Port of Clearance a Certificate of Clearance under his Hand No Passenger that all the Requirements of this Act, so far as the same can be Ship to clear complied with, before the Departure of such Ship, have been duly cate from Emicomplied with, and that such Ship is, in his Opinion, seaworthy, gration Officer, in safe Trim, and in all respects fit for her intended Voyage, and por until Bond that her Passengers and Crew are in a fit State to proceed, nor
be given to the
Crown. until the Master shall have joined in executing such Bond to the Crown as required by the Sixty-third Section of this Act: Pro- S. 63. vided, that if such Emigration Officer shall refuse to grant such Certificate, and the Owner or Charterer of such Ship shall appeal in Writing to the Emigration Commissioners, such Commissioners shall appoint any Two other Emigration Officers, or any Two competent Persons, at the Expense of the Appellant, to examine into the Matter, and if the Persons so appointed shall grant a Certificate under their joint Hands to the Purport herein-before required, such Certificate shall be held to be of the same Effect as if granted by the Emigration Officer of the Port of Clearance.
XII. If any “ Passenger Ship” shall clear out or proceed to Forfeiture of Sea without the Master's having first obtained such Certificate of Ship if Master Clearance, or without his having joined in executing such Bond, proceeds to Sea as by this Act is required, or if such Ship after having sailed shall cate of Clearput into any Port or Place in the United Kingdom in a damaged ance, &c. State, and shall put to Sea again without the Master having first obtained such Certificate of Clearance as required by Section
Passengers Act Amendment.
Arrangements Fifty of this Act, such Ship shall be forfeited to the Use of Her for the Ship. Majesty, and may be seized by any Officer of Customs, if found,
within Two Years from the Commission of the Offence, in any Such Ship to be Port or Place in Her Majesty's Dominions ; and such Ship shall dealt with as if seized under
thereupon be dealt with in the same Manner as if she had been Laws relating seized as forfeited under any of the Laws relating to the Customs to Customs. for an Offence incurring Forfeiture under those Laws. Where Passen- XIII. No Ship shall carry Passengers or Cabin Passengers on gers may be more than Two Decks ; provided, that Cabin Passengers in s carried.
Proportion not exceeding One Cabin Passenger for crery One hundred Tons of the Ship's registered Tonnage, or sick Persons placed in a Hospital, as herein-after provided, may be carried in à Poop or Deck House, notwithstanding that Passengers are carried on 'Two other Decks, and if Passengers are carried under the Poop or in any Round House or Deck House, such Poop, Round House, or Deck House shall be properly built and secured to the Satisfaction of the Emigration Officer at the Port of Clearance : For any Breach of this Enactment the Master of the Ship shall for each Offence be liable to a Penalty not exceeding Fire
hundred Pounds nor less than Twenty Pounds Sterling, Rule for deter- XIV. For determining the Number of Passengers to be carried mining Number in any “ Passenger Ship” the following Rules shall be observed : of Passengers to be carried. (1.) No Ship propelled by Sails only shall carry a greater Tonnage
Number of Persons (including every Individual on board) Check.
than in the Proportion of One Statute Adult to every Two
Tons of her registered Tonnage : Space Check. (2.) No Ship shall carry under the Poor, or in the Round
House or Deck House, or on the “Upper Passenger Deck,". a greater Number of Passengers than in the Proportion of One Statute Adult to every Fifteen clear Superficial Feet
of Deck allotted to their Use : (3.) No Ship shall carry on her Lower Passenger Deck :
greater Number of Passengers than in the Proportion of One Statute Adult to every Eighteen clear Superficial Feet of Deck allotted to their Use : Provided nevertheless, that if the Height between such Lower Passenger Deck and the Deck immediately above it shall be less than Seven Feet, or if the Apertures (exclusive of Side Scuttles) through which Light and Air shall be admitted together to the Lower Passenger Deck shall be less in Size than in the Proportion of Three Square Feet to every One hundred Superficial Feet of the Lower Passenger Deck, no greater Number of Passengers shall be carried on such Deck than in the Proportion of One Statute Adult to every Twenty
five clear Superficial Feet thereof : (4.) No Ship, whatever be her Tonnage or superficial Space
of "Passenger Decks,” shall carry a greater Number of Passengers on the whole than in the Proportion of One Statute Adult to every Five Superficial Feet, clear for Exercise, on the upper Deck or Poop, or (if secured and fitted on the Top with a Railing or Guard to the Satis
Passengers Act Amendment.
faction of the Emigration Officer at the Port of Clearance) Arrangements on any Round House or Deck House :
for the Ship. (5.) In the Measurement of the Passenger Decks, Poop, Round
House, or Deck House, the Space for the Hospital and that
carried there shall be included :
XV. Provided nevertheless, That nothing in this Act contained Nothing to exe shall extend to repeal or vary an Act passed in the Session of tend to repeal Parliament holden in the Sixteenth and Seventeenth Years of the 16 & 17 Vict. Reign of Her present Majesty, Chapter Eighty-four, intituled An C. 84. Act to amend the Passengers Act, 1852, so far as relates to the Passages of Natives of Asia or Africa, and also Passages between the Island of Ceylon and certain Parts of the East Indies.
XVI. The Master of every Ship, whether a “Passenger Ship" Passengers or otherwise, carrying Passengers on any Voyage to which this Lists to be deAct extends, shall, before demanding a Clearance for such Ship, livered in Dusign Two Lists, made out according to the Form contained in plicate by the Schedule (B.) hereto annexed, correctly setting forth in the Clearance. Manner therein directed the Name and other Particulars of the Ship, and of every Passenger on board thereof; and the said Lists, when countersigned by the Emigration Officer, where there is One at the Port, shall be delivered by the Master to the Officer of the Customs from whom a Clearance of the said Ship shall be demanded, and such Officer shall thereupon also countersign and return to the said Master One of such Lists, herein-after called “The Master's List ;” and the said Master shall note in Writing on such last-mentioned List, and on any additional Lists to be made out as next herein-after provided, the Date and supposed Cause of Death of any Passenger who may die, and the Date of Birth, and Sex of any Child who may be born on the Voyage, and shall exhibit such last-mentioned List, with any Additions which may from Time to Time be made thereto, as herein-after directed, to the Chief Officer of Customs at any Port or Place in Her Majesty's Possessions, or to Her Majesty's Consular Officer at any Foreign Port at which the said Passengers or any of them shall be landed, and shall deposit the same with such Chief Officer of Customs or such Consular Officer, as the Case may be, at the final Port or Place of Discharge, and such Officer of Customs or Consular Officer shall thereupon forthwith transmit the Particulars respecting any Passenger who may die, or of any Child who may be born on the Voyage to the Registrar General of Births, Deaths, and Marriages in England, 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
Passengers Act Amendment.
Arrangements Evidence as any other Entry made in such Book under the Profor the Ship visions of an Act passed in the Session of Parliament held in
the Sixth and Seventh Years of the Reign of Her present 6 & 7 W. 4. Majesty, intituled An Act for registering Births, Deaths, and
Marriages in England : In case of Noncompliance with any of the Requirements of this Section on the Part of the Master, or if such Lists shall be wilfully false, the Master shall for each Offence be liable to a Penalty not exceeding One hundred Pounds nor
less than Five Pounds Sterling. Lists of Passen- XVII. If at any Time after such Lists shall have been signed gers embarked and delivered as aforesaid any additional Passenger shall be after Clearance taken on board, in every such Case the Master shall, according to to be delivered
the Form aforesaid, add to “ The Master's List” the Names and by Master.
other Particulars of every such additional Passenger, and shall also sign a separate List, made out according to the Form aforesaid, containing the Names and other Particulars of every such additional Passenger, and such last-mentioned List, when countersigned by the Emigration Officer, where there is One at the Port, shall, together with “ The Master's List” to which such Addition shall have been made, be delivered to the Chief Officer of Cus. toms as aforesaid, and thereupon such Officer shall countersign “ The Master's List,” and shall return the came to the said Master, and shall retain the separate List, and so on in like Manner whenever any additional Passenger or Passengers may be taken on board; or if no Officer of Customs shall be stationed at the Port or Place where such additional Passenger or Passengers may be taken on board, the said Lists shall be delivered to the Officer of Customs at the next Port or Place at which such Vessel shall touch or arrive and where any such Officer shall be stationed, to be dealt with as herein-before mentioned : Provided, that when any additional Passengers shall be taken on board the Master shall obtain a fresh Certificate from the Emigration Officer of the
Port that all the Requirements of this Act have been duly complied Penalty on with before the Ship shall proceed to Sea : In case of Noncom. Noncompli- pliance with any of the Requirements of this Section, the Master ance.
of such Ship shall for each Offence be liable to a Penalty not
exceeding Fifty Pounds nor less than Five Pounds Sterling. Penalty on Per- XVIII. If any Person shall be found on board any Passenger sons found on Ship with Intent to obtain a Passage therein without the Consent board Ships
of the Owner, Charterer, or Master thereof, such Person and without Consent of Owners, every Person aiding and abetting him in such fraudulent Intent, &c.
shall respectively be liable to a Penalty not exceeding Five Pounds, and in default of Payment to Imprisonment, with or without Hard Labour, for a Period not exceeding Three Calendar Months ; and such Person so found on board may be taken before any Justice of the Peace, without Warrant, and such Justice may summarily hear the Case, and on Proof of the Offence convict
such Offender as aforesaid. All Passenger XIX. No “ Passenger Ship” shall clear out or proceed to Sea Ships to be sur- unless she shall have been surveyed, under the Direction of the veyed before
Emigration Officer at the Port of Clearance, but at the Expense clearing out. of the Owner or Charterer thereof, by Two or more competent