CAP. XXXII. An Act to continue to the End of the Year One WHEREAS by an Act passed in the last Session of Pard liament, intituled An Act to remove Difficulties in the 11&12 Vict. "Appointment of Collectors of Grand Jury Cess in Ireland in c. 26. s. 4. ' certain Cases, and to remove Doubts as to the Jurisdiction the Divisional Justices of the Police District of Dublin Metropolis relating to the Recovery of Poor Rates, and other Cases, it is amongst other things enacted, that it shall and may be lawful for the Grand Jury at any Assizes in Ireland held ' after the passing of the said Act, and before the End of the Year One thousand eight hundred and forty-nine, if they shall. 'think fit, in Cases where Difficulties shall occur in the Collection of the public Monies as therein mentioned, to present, 'without previous Application to Presentment Sessions, a Sum 'not exceeding One Shilling in the Pound on the Amount of the Collection of such Monies from such Barony or Baronies where such Difficulties shall occur, to be paid to any High • Constable or Collector for his Trouble in collecting the same: recited Act And whereas it is expedient that the said Provision should be enabling Grand 'further continued:' Be it therefore enacted by the Queen's Juries to premost Excellent Majesty, by and with the Advice and Consent of Poundage the Lords Spiritual and Temporal, and Commons, in this present where DifficulParliament assembled, and by the Authority of the same, That ties occur in the said Provision of the said recited Act shall be continued of public Moand be in force to the End of the Year One thousand eight nies, further hundred and fifty-one. 6 Provision of sent increased the Collection continued. II. And whereas by another Act passed in the last Session of Parliament, intituled An Act to facilitate the Collection of 11 & 12 Vict. County Cess in Ireland, it is amongst other things provided, c.32. ⚫ that in case it should appear to the Grand Jury of any County assembled at the Summer Assizes of that present Year, or to the Magistrates assembled at a Special Sessions of the Peace, as therein-after directed, that a Collector could not be procured to collect Grand Jury Cess for an entire Barony, then it might be lawful for such Grand Jury, or for the Magistrates at such Special Sessions, to appoint duly qualified • Persons for such convenient Districts as to them might seem fit, provided that such Districts together comprise the whole Barony; and further Provisión is thereby made relating to the Collectors of such Cess, and the Payment of the same: And whereas all the said Provisions being temporary it is expedient to continue the same for a limited Time:' Be it therefore enacted, That the last-recited Act shall be extended Provisions of and continued to the End of the Year One thousand eight hun- recited Act dred and fifty-one, and that the Provisions of the said Act, and the End of the [No. 13. Price 2d.] the Year 1851. N continued to Act may be amended, &c. From and after 1st Oct. 1849 the following Acts repealed; viz. 5 & 6 Vict. 8 & 9 Vict.c.14.; the respective Powers and Authorities by the said Act given to Grand Juries at the Assizes, and to Magistrates at any Sessions, shall be respectively applied and extended to Grand Juries at any Assizes and to Magistrates at any Sessions respectively, as the Case may be, within the Period for which the said Act is hereby extended and continued. III. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. CAP. XXXIII. An Act for regulating the Carriage of Passengers in WE HEREAS it is expedient to amend and consolidate, and for that Purpose to repeal, the existing Laws relating to the Carriage of Passengers by Sea, and in certain respects to make other Provisions in lieu thereof:' 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, That an Act passed in the Session of Parliament held in the Fifth and Sixth Years of the Reign of Her present Majesty, intituled An Act for regulating the Carriage of Passengers in Merchant Vessels, also an Act passed in the Eighth Year of the Reign of Her present Majesty, intituled An Act to exempt Ships carrying Passengers to North America from the Obligation of having on board a Physician, Surgeon, or Apothecary, also an Act passed in the Session of Parliament held in the Tenth and Eleventh Years of Her present Majesty, intituled An Act to amend the Passengers Act, and to make further Provision for the Carriage of Passengers by Sea, and also an Act passed in the Eleventh Year of the Reign of Her present Majesty, intituled An Act to make further Provision for One Year, and to the End of the then next Session of Parliament, for the Carriage of Passengers by Sea to North America, shall from and after the First Day of October One thousand eight hundred and forty-nine be severally repealed, and that from that Date this Act shall take effect and have the Force of Law: Provided nevertheless, that all Acts and Provisions repealed by the said Saving of exist recited Acts or any of them shall remain repealed: And proing Liabilities; vided also, that any Fine, Forfeiture, or Penalty to which any Person may have become liable under the said recited Acts or any of them shall and may be sued for and recovered, and that any Right of Action which may have accrued to any Person by virtue of the said recited Acts or any of them, and that any Bond which may have been given thereunder to Her Majesty, shall and may be enforced hereafter in such and the same Manner in all respects as if this present Act had not been and Orders in passed: Provided also, that nothing in this Act contained shall be held to invalidate any Order in Council which may have been made by Her Majesty, with the Advice of Her Privy 11 & 12 Vict. c. 6. Commence ment of Act. Council. Council, Council, in pursuance of the Powers given by the said lastrecited Act, but the same shall remain in force until altered or revoked by any Order in Council made under the Provisions of this Act. II. And be it enacted, That in other Acts of Parliament, and Short Title of in all legal or other Proceedings, it shall be sufficient to cite Act. this Act by the Title of the "Passengers Act, 1849." the Act: III. And be it enacted, That, for the Purposes of this Act, Definition of the following Terms, whenever they occur, shall respectively Terms used in have the following Significations; (that is to say,) the Term "United Kingdom" shall signify Great Britain and Ireland, " United and the Islands of Guernsey, Jersey, Alderney, Sark, Scilly, and Kingdom;" Man; the Term " North America" shall signify and include the "North Bermudas, and all Ports and Places on the Eastern Coast of America;" the Continent of North America, or in the Islands adjacent or near thereto, or in the Gulf of Mexico; the Term "West Indies" shall signify the West India Islands, the Bahamas, British Guiana, and Honduras; the Term "Governor" shall ❝ Governor;" signify the Person who for the Time being shall be lawfully administering the Government of any British Colony in which "West Indies;" 66 "Passage" and he may be acting; the Term "Ship" shall signify any De- " Ship;” scription of Sea-going Vessel, whether British or Foreign; the Term "Passenger Ship" shall signify every Description of such "Passenger Ship carrying upon any Voyage to which the Provisions of Ship;" this Act shall extend a greater Number of Passengers than in the Proportion of One Passenger to every Twenty-five Tons of the registered Tonnage of such Ship; the Terms "Passage and "Passenger" shall include all Passages and Passengers, except the Class of Passages and Passengers commonly de- ger;" scribed as Cabin Passages and Cabin Passengers; and the Term "Master" shall signify the Person who for the Time being shall "Master;" be in Charge or Command of any such Ship or "Passenger Ship;" and that, unless there be something in the Subject Number and Matter or Context repugnant thereto, every Word importing Gender. the Singular Number or the Masculine Gender only shall include several Persons, Matters, or Things, as well as one Person, Matter, or Thing, and Females as well as Males respectively; and that every Word importing the Plural Number shall include one Person or Thing as well as several Persons or Things. this Act shall IV. And be it enacted, That this Act shall extend to every To what Ves"Passenger Ship" proceeding on any Voyage from the United sels and Voyages Kingdom to any Place out of Europe, and not being within the extend. Mediterranean Sea, and on every Colonial Voyage as hereinafter described, 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 carrying the Royal Mails or carrying Mails under Contract with the Government of the Country to which such Steam Vessel may belong. N 2 6 V. And of Emigration Commissioners to carry this Act into execution. Emigration &c. 12 & 13 VICT. V. And whereas by a Warrant under Her Majesty's Sign • Manual, bearing Date on the Twenty-seventh Day of November One thousand eight hundred and forty-seven, Her Majesty was pleased to appoint certain Persons therein named to be, during Her Majesty's Pleasure, Commissioners in the United Kingdom for the Sale of the Waste Lands of the Crown in Her Majesty's Colonies, and for superintending the Emigration 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 Successors for the Time being, shall and they are hereby empowered to carry this Act into execution; and that for all legal Purposes it shall be sufficient to describe such Commissioners by the Style of the "Colonial Land and Emigration Commissioners." VI. And be it enacted, That in the United Kingdom the said Commissioners acting under the Sanction of One of Her Majesty's Principal Secretaries of State, and in Her Majesty's Commissioners, Possessions abroad the respective Governors thereof, may from Time to Time appoint, and that the said Commissioners and Governors may at pleasure from Time to Time remove, such Emigration Officers and Assistant Emigration Officers as they may respectively think necessary, for the Purpose of carrying this Act into execution, under the Directions of the said Commissioners or Governors, as the Case may be: Provided nevertheless, that all existing Appointments of Emigration Officers 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. Existing Appointments to continue in force until duly revoked. Duties of Emi gration Officer may be performed by his Assistant, or Officer of Customs in certain Cases. Facilities to be given to the Med VII. And be it enacted, That all Powers, Functions, and Duties to be exercised or performed by any such Emigration Officer shall in his Absence be exercised and performed respectively by his Assistant, or, at any Port where there shall be no such Emigration Officer or Assistant, by the Chief Officer of Customs for the Time being at such Port. VIII. And be it enacted, That the Master of every Ship, whether a "Passenger Ship" or otherwise, fitting or intended proper Officers for the Carriage of Passengers, or which shall carry Passengers for the Inspection of all Ships upon any Voyage to which this Act extends, shall afford to such fitting for Emigration Officer as aforesaid at any Port or Place in Her Passengers. Majesty's Dominions, and, in the Case of British Ships, to Her Majesty's Consul at any Foreign 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 applicable to such Ships, have been duly complied with. It No "Passenger Ship" to be cleared out without a Cer tificate from the Emigration Officer first btamed. be IX. And be it enacted, That no "Passenger Ship" shall be allowed to clear out or proceed on any Voyage to which this Act extends until the Master thereof shall have obtained from the Emigration Officer at the Port of Clearance a Certificate under his Hand that all the Requirements of this Act, so far as the same same can be complied with before the Departure of such Passenger Ship," have been duly complied with. by Tonnage X. And be it enacted, That no Ship shall be allowed to clear Number of out or shall proceed on her Voyage with a greater Number of Passengers to Persons on board (including the Master and Crew, and Cabin be limited both Passengers, if any,) than in the Proportion of One Person to and Space. every Two Tons of the registered Tonnage of such Ship, nor, whatever may be the registered Tonnage of such Ship, with a greater Number of Passengers on board, exclusive of bonâ fide Cabin Passengers, than in the following Proportions to the Space occupied by such Passengers and appropriated for their Use, and unoccupied by Stores, not being their personal Luggage; (that is to say,) on the Main Deck, and on the Deck immediately below the same, or in any Compartment of either, appropriated as aforesaid, One Passenger for every Twelve such clear Superficial Feet; or if such Ship is destined to pass within the Tropics, and the Duration of the intended Voyage, computed as herein-after mentioned, exceeds Twelve Weeks, One Passenger for every Fifteen such clear Superficial Feet; provided always, that no Passenger shall in any Case be carried on an Orlop Deck; and if there shall be on board of any Ship at or after the Penalty for Time of Clearance a greater Number either of Persons or of Excess of PerPassengers than in the Proportions respectively herein-before mentioned, the Master of such Ship shall be liable, on such Conviction as herein-after is mentioned, to the Payment of a Penalty not exceeding Five Pounds nor less than Two Pounds Sterling for each Person or Passenger constituting any such Excess. sons on board. XI. And be it enacted, That for the Purposes of this Act Computation Two Children, each being under the Age of Fourteen Years, of Children. shall be computed either as One Person or as One Passenger, as the Case may require, except in the Case herein-after mentioned, but that Children under the Age of One Year shall not be included in such Computation. and delivered XII. And be it enacted, That the Master of every Ship, Two Lists of whether a "Passenger Ship" or otherwise, carrying Passengers be made out in Passengers to on any Voyage to which this Act extends, shall, before demand- the Form in ing a Clearance for such Ship, sign Two Lists, made out according Schedule (A.), to the Form contained in Schedule (A.) hereto annexed, setting in every Case forth in the Manner therein directed the Name and other Parti- before Clearculars of the Ship, and of every Passenger on board thereof; ance. and the said Lists, when signed, shall be delivered to the Officer of the Customs from whom a Clearance of the said Ship shall be demanded, and such Officer shall thereupon countersign and return to the said Master One of such Lists, herein-after called "The Master's List ;" and the said Master 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 Her Majesty's Customs at any Port or Place in Her Majesty's Possessions, or to Her Majesty's Consul 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, N 3.. or |