carry any person or passenger beyond such proportions, or any of them, 11 VICT. c. 6. the master of the ship shall, for and in respect of every person or passenger constituting such excess, be liable to the payment of a penalty not exceeding five pounds sterling." Two children Sect. 2. And be it enacted, that in computing the aforesaid pro- under a certain portions two children, each being under the age of fourteen years, age to be comshall be computed as one person or passenger, and that children under puted as one the age of one year shall not be included in such computation." passenger. of passengers to a ship's cook, to Sect. 3. "And be it enacted, that no ship carrying one hundred or No ship carrying more passengers shall clear out or proceed on her voyage unless there a certain number shall be on board a ship's cook approved by the emigration officer at the proceed on her port of clearance, and engaged for the purpose of cooking the food of the voyage without passengers, nor unless a convenient place shall have been set apart, and be approved by a sufficient apparatus provided for that purpose, to the satisfaction of the the emigration said emigration officer; and if any ship shall proceed on her voyage, not having on board such ship's cook and cooking apparatus as herein is required, the master of the said ship shall be liable to a penalty not exceeding fifty pounds." 66 officer. have a duly Sect. 4. And be it enacted, that whenever any ship shall carry one ships carrying hundred or more passengers on any such voyage as aforesaid, there shall passengers to be on board a surgeon duly qualified as hereinafter mentioned, or in qualified surgeon default thereof it shall not be lawful for any such ship to carry more on board, else passengers on the deck upon which the passengers live than in the number to be proportion of one passenger to every fourteen superficial feet so occupied and appropriated as aforesaid." limited. Certain children to be computed Sect. 5. "And be it enacted, that in the calculation of such proportion every child above the age of one year shall be computed as one passengers when passenger. number limited Sect. 6. "And be it enacted, that every such surgeon as aforesaid shall Qualification be a person duly qualified by law to practise in the United Kingdom as surgeon. physician, surgeon, or apothecary, and who shall not be objected to by the said emigration officer." medicine chest spected by a Sect. 7. And be it enacted, that, except as hereinafter provided, no No ship to proship shall clear out or proceed on any such voyage as aforesaid, until the ceed until the said surgeon, or, in case of ships not carrying surgeons, until some and passengers medical practitioner, to be appointed by the said emigration officer, shall have been inhave inspected as well the medicine chest of the said ship as the passen- medical practigers on board, and shall certify to the said emigration officer that the tioner. said ship contains a sufficient supply of medicines, instruments, and other things requisite for the medical treatment of the passengers during the intended voyage, and that none of the passengers appear to him likely, by reason of being affected by any infectious or other disease, to endanger the health of the persons on board: provided always, that the master, Remuneration of owner, or charterer of every ship inspected by any medical practitioner so appointed as aforesaid shall pay to such medical practitioner a sum, to be fixed by the said emigration officer, not exceeding twenty shillings for every hundred passengers: provided also, that in case on any particular If no medical occasion it shall be deemed by the emigration officer impossible to obtain practitione the attendance of such medical practitioner, it shall be lawful for the ship may proceed master of any such ship to clear out and proceed on her voyage, on re- by permission of ceiving from the said emigration officer written permission for the officer. purpose." medical practitioner. can be obtained emigration affected with Sect. 8. "And be it enacted, that in case any such surgeon or medical Passengers practitioner shall notify to the emigration officer at the original port of diseases may be clearance, or at any other port or place in the United Kingdom into re-landed. which the vessel may subsequently put, or in case the said emigration officer shall be otherwise satisfied, that any person about to proceed on such voyage as aforesaid is likely, by reason of being affected by any infectious or other disease, to endanger the health of the other persons on board, it shall be lawful for such officer to re-land, or cause to be relanded, any such person, and such members of his family, if any, as may Ꮓ ; 11 VICT. c. 6. be dependent on him, or as may be unwilling to be separated from him and no ship shall be cleared out or proceed on any such voyage so long as any such person or persons shall be on board, and the master of any such ship who shall wilfully proceed on the said voyage with any such person or persons on board shall be liable to a penalty not exceeding fifty pounds sterling." Penalty on master wilfully proceeding on voyage with diseased persons on board. Passengers so relanded entitled to recover passage money by summary process before two justices. Her Majesty may Sect. 9. "And be it enacted, that any person or persons who shall be so re-landed as aforesaid, or the emigration officer on his or their behalf, shall be entitled to recover by summary process, before two or more justices of the peace, in like manner as in the said first-recited act is provided in the cases of moneys thereby made recoverable, the whole of the moneys which shall have been paid by him or them, or on his or their account, for his or their passage in such ship as aforesaid, from the party to whom the same may have been paid, or from the owner, charterer, or master of such ship." Sect. 10. "And be it enacted, that it shall be lawful for Her Majesty, by any order or orders in council to be by her made, with the advice of her privy council, to prescribe any such rules and regulations as to Her Majesty may seem fit for preserving order, and for securing cleanliness and ventilation, on board of British ships proceeding on such voyage as aforesaid, and the said rules and regulations from time to time in like manner to alter, amend, and revoke as occasion may require; and that copies printed by any copy of such order in council contained in the London Gazette, or Gazette, and the Queen's printer, to be evidence of orders, &c. Surgeon or master to exact obedience to rules and regulations. Penalty for refusing to regulations. purporting to be printed by the Queen's printer, shall, throughout Her Majesty's dominions, be received in all legal proceedings as good and sufficient evidence of the making and contents of any such order in council." Sect. 11. "And be it enacted, that in every British ship it shall be lawful for the surgeon, or, in ships not having a surgeon on board, for the master of any such ship, to exact obedience to all such rules and regulations as aforesaid, under the penalties next hereinafter provided.” Sect. 12. "And be it enacted, that any person on board such ship who shall neglect or refuse to obey any such rule or regulation, or who shall observe rules and obstruct the master or surgeon of such ship in the execution of any duty imposed upon him by such rule or regulation, shall be liable to the payment of a penalty not exceeding two pounds sterling; and it shall be lawful for the justices of the peace in any part of Her Majesty's dominions, before whom any person shall be convicted of such obstruction or resistance as aforesaid, to order such person, in addition to the penalty herein before mentioned, to be confined in the common gaol for any period not exceeding one month." Colonial land and missioners to prepare an abstract of acts and orders in council. Sect. 13. "And be it enacted, that the said colonial land and emigration emigration com- commissioners shall from time to time prepare such abstract as they may think proper of the whole or part of this and of the said recited acts, and of any order in council to be made as aforesaid; and that six copies of the said abstract, together with two copies of this and of the said recited acts, shall, on demand, be delivered by the collector or comptroller of the customs of the port of clearance to the master of every ship carrying passengers on such voyage as aforesaid; and that such master shall, so long as any passenger be entitled to remain in the ship, keep posted, in at least two conspicuous places between the decks of the said ship, copies of such abstract, and shall be liable to a penalty not exceeding forty shillings sterling for every day during any part of which by his act or persons defacing default such abstract shall fail to be so posted; and that any person displacing or defacing such abstract so posted shall be liable to a penalty not exceeding forty shillings sterling." Such abstract to be posted up in each ship. Penalty on master for neglect; and on abstract. How penalties to be recovered. Bond required by first-recited act Sect. 14. And be it enacted, that all penalties imposed by this act shall be sued for and recovered by such persons only, and in such manner, as in the said first-recited act is provided in the case of the penalties thereby imposed." Sect. 15. "And be it enacted, that the bond required by the said here secondly-recited inbefore firstly-recited act to be given in certain cases to Her Majesty 11 VICT. c. 6. in respect of ships carrying more than fifty passengers shall include and to be security for be a security, not only for the matters and payments in the said act observance of mentioned, but also for the faithful observance of the provisions as well provisions of of the said hereinbefore secondly-recited act as of this act, and of any act and this act. rules and regulations to be prescribed by any such order in council as aforesaid, and further for the due payment by the master of any such vessel of all penalties which he may be adjudged to pay under or by virtue of the said hereinbefore secondly-recited act or of this act." tion officer may Sect. 16. "And be it enacted, that all powers and duties given to or Duties of emigraimposed upon the emigration officer hereinbefore mentioned may be be performed by exercised and performed respectively by his assistant in his absence, or, his assistant. at ports where there shall be no such emigration officer, by the officer of the customs whose duty it may be to grant a clearance to such ship." 66 act. Sect. 17. "And be it enacted, that in the interpretation of this act the Interpretation of term passenger" shall be held not to include the class of passengers commonly known by the name of cabin passengers; and the term "ship" shall include every description of sea-going vessel; and the term "master" shall include any person being in command of such vessel for the time being; and that, unless there be something in the subjectmatter or context repugnant to such construction, every word importing the singular number or the masculine gender only shall be construed to include several persons, matters, or things, as well as one person, matter, or thing, and females as well as males respectively." less than one as to ships carry Sect. 18. "Provided always, and be it enacted, that nothing in this act Exemption of contained shall apply to any ship in which the number of passengers shall ships carrying not bear to the registered tonnage a greater proportion than that of one passenger to passenger to every twenty-five tons: provided also, that if in any action, twenty-five tons. prosecution, or other legal proceeding under this act any question shall In certain actions arise whether any ship carrying passengers on any such voyage as afore- ing passengers, said did or did not carry a greater number of passengers than aforesaid burden of proof in proportion to the tonnage thereof, the burden of proving that the to lie on defennumber of passengers so carried in proportion to the tonnage of the ship was not greater than that of one person to every twenty-five tons shall lie upon the person against whom any such action, prosecution, or other legal proceeding may be brought; and, failing such proof, it shall, for any such purpose as aforesaid, be taken and adjudged that the number of passengers so carried did exceed that proportion." dant. Sect. 19. "And be it enacted, that in all proceedings it shall be suffi- Short title of act. cient to cite this act by the title of The North American Passengers Act."" act. Sect. 20. "And be it enacted, that this act shall remain in force for the Continuance of period of one year from the passing thereof, and from thence to the end of the then next session of Parliament." c. 81. BY the 11 & 12 Vict. c. 81, intituled "An Act for the further Regulation 11 & 12 VICT. of Steam Navigation, and for limiting in certain cases the Number of Passengers to be conveyed in Steam Vessels" (passed 31st August, 1848), after reciting that "by an act passed in the session of Parliament holden in the ninth and tenth years of the reign of Her present Majesty, intituled c. 81. 11 & 12 VICT. An Act for the Regulation of Steam Navigation, and for requiring Seagoing Vessels to carry Boats,' it is, amongst other things, enacted, that on or before the thirtieth day of April and the thirty-first day of October 9 & 10 Vict. c. 100. in every year the owners of every steam vessel shall transmit to the Lords of the Committee of Privy Council for Trade two declarations in the said act prescribed, and that the Lords of the said Committee shall register such declarations, and shall transmit to the owners of such steam vessels respectively certificates of the registry thereof, and that if any steam vessel proceed to sea with passengers, the owner whereof has not duly transmitted to the Lords of the said Committee such declarations and received from the Lords of the said Committee such certificates of the registry thereof as aforesaid, the owner of such steam vessel shall forfeit a sum not exceeding one hundred pounds: and that it is expedient to make further provision for compelling the owners of steam vessels to transmit such declarations to the Lords of the said Committee, whether such steam vessels be intended to proceed to sea or not: it is therefore Penalty for delay enacted, that in case the owner or owners of any steam vessel, not being in transmitting a vessel expressly excepted from the operation of the said recited act, certificates required by recited neglect to transmit to the Lords of the said Committee, at the times in the said recited act specified, the declarations in writing by the said recited act prescribed, the owner or owners of every such steam vessel shall forfeit and pay the sum of ten shillings for every day that the sending of such declarations is delayed, unless such delay be accounted for to the satisfaction of the Lords of the said Committee: provided always, that the owners of all steam vessels (not being vessels expressly excepted as aforesaid) in respect of which any declarations required as aforesaid have not at the time of the passing of this act been transmitted to the said committee shall transmit the same on or before the twentieth day of September next." act. Board of Trade may insert in certificate a notice Sect. 2. "And whereas much inconvenience and danger to the public has been found to result from the over-crowding of steam vessels, and of the number of it is expedient to prevent such over-crowding: be it therefore enacted passengers steam that it shall be lawful for the Lords of the said Committee, whenever structed to carry. they think fit so to do, to insert into any certificate, granted by them in vessels are con conformity with the provisions of the said recited act, a notice of the number of passengers which the vessel to which such certificate has been granted is constructed to carry, and whenever such notice shall have been so inserted in the certificate it shall not be lawful for any such vessel at any time to have or receive on board any greater number of passengers than the number specified in the certificate which it may have Penalty for carry- last received from the said committee; and in case any such vessel shall at any time have or receive on board any greater number, the owner or owners, or the master or other person having charge thereof, shall forfeit a sum not exceeding five shillings for every passenger over and above the number so specified in the certificate as aforesaid.” ing a greater number than specified in certificate. Sect. 3. "And be it enacted, that the owner or owners of every steam vessel shall cause a true copy of the certificate which they have last received from the Lords of the said Committee to be put up in some conspicuous part of the vessel, where the same will be visible to the passengers on board the same, and if they neglect to do so they shall for every offence be liable to a forfeiture or penalty not exceeding ten pounds.' Sect. 4. "And be it enacted, that if any person, after having been refused admission into any steam vessel by the owner or owners or any person in the employ of the owner or owners thereof on account of such steam vessel being full, and after having had the full amount of his fare (if he has paid the same) returned or tendered to him, shall nevertheless persist in attempting to enter the same, of if any person having got on board any steam vessel be requested on the like account by the owner or owners thereof, or by any person in their employ, to leave such steam vessel before the same has quitted the place at which such person got c. 81. on board, and shall refuse to do so, after having had the full amount of 11 & 12 VICT. his fare (if he has paid the same) returned or tendered to him, then and in either of such cases such person shall for such offence forfeit and pay any sum not exceeding five shillings.' Sect. 5. "And be it enacted, that if any person travel or attempt to Penalty on pertravel in any steam vessel which has been duly surveyed in conformity neglecting to pay sons refusing or with the provisions of the said recited act without having previously paid their fares, or his or her fare, and with intent to avoid payment thereof, or if any person, quit vessels, &c. having paid his or her fare for a certain distance, knowingly and wilfully proceed in any such vessel beyond such distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof, or if any person knowingly and wilfully refuse or neglect, on arriving at the point to which he has paid his fare, to quit such vessel, every such person for every such offence shall forfeit to the owner or owners of such steam vessel a sum not exceeding five shillings.' Sect. 6. "And be it enacted, that the penalties and forfeitures by this Penalties how to act imposed shall be sued for, recovered, and applied in like manner as the penalties and forfeitures imposed by the said recited act are therein directed to be sued for, recovered, and applied, except as is hereby otherwise directed." be recovered and applied. privileges of cor Sect. 7. "And be it enacted, that nothing in this act contained shall Nothing to affect prejudice or derogate from the estates, rights, interests, privileges, fran- poration of chises, jurisdiction, or authority of the Mayor and Commonalty and Citi- London. zens of the city of London, or their successors, or the Lord Mayor of the said city for the time being, nor prohibit, defeat, alter, or diminish any power, authority, or jurisdiction which at the time of passing this act the said mayor and commonalty and citizens, or the said Lord Mayor for the time being as conservator of the river Thames, or otherwise, or the Lord Mayor and Court of Aldermen, or the Lord Mayor, Aldermen, and Commons of the city of London in common council assembled, under or by virtue of any act of Parliament, did or might lawfully claim, use, or exercise." Subpæna and Summons (see "Administration of Justice Acts, Sunday (see "Alehouse," ante.") Turnpikes. Evading tolls.]-By sect. 41 of stat. 3 Geo. 4, c. 126, if any person shall fraudulently or forcibly pass through any toll-gate with any horse, &c., he shall forfeit any sum not exceeding 51. By sect. 139, in case any person shall resist or make forcible opposition against any person in the execution of this act, or shall assault any surveyor or collector in the execution of his office, or shall pass through any turnpike-gate without paying the toll appointed to be paid at such gate, he shall forfeit any sum not exceeding 107. By sect. 39, if any person liable to the payment of any toll shall, after demand, neglect or refuse to pay the same, the collector may distrain. The Quarter Sessions, having on appeal quashed a conviction of a person in a penalty of 10l., for passing through a turnpike-gate without |