thereby made recoverable, the whole of the Monies 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. ders in Council Order, &c. on X. And be it enacted, That it shall be lawful for Her Ma- Her Majesty jesty, by any Order or Orders in Council to be by Her made, may issue Or with the Advice of Her Privy Council, to prescribe any such prescribing Rules and Regulations as to Her Majesty may seem fit for pre- Rules, &c. for serving Order, and for securing Cleanliness and Ventilation, on preserving board of British Ships proceeding on such Voyage as aforesaid, board Vessels. and the said Rules and Regulations from Time to Time in like Manner to alter, amend, and revoke as Occasion may require; and that any Copy of such Order in Council contained in the Evidence of London Gazette, or purporting to be printed by the Queen's Orders, &c. 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. Surgeon or Master to exact XI. 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 Regulations. next herein-after provided. Rules and serve Rules and Colonial Land Commissioners and Emigration to prepare an Abstract of XII. And be it enacted, That any Person on board such Penalty for Ship who shall neglect or refuse to obey any such Rule or Regu- refusing to oblation, or who shall obstruct the Master or Surgeon of such Regulations. 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. XIII. And be it enacted, That the said Colonial Land and Emigration 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 Abstract such Master shall, so long as any Passenger be entitled to to be posted up in each Ship. 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 Penalty on Shillings Sterling for every Day during any Part of which by Master for his Act or Default such Abstract shall fail to be so posted; and Neglect; that any Person displacing or defacing such Abstract so posted and on Person shall be liable to a Penalty not exceeding Forty Shillings defacing AbSterling. XIV. And Council. Acts: nd Orders stract. How Penalties to be recovered. Bond required by first-recited curity for Ob Act to be Se servance of Provisions of Duties of Emi may be per XIV. 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. XV. And be it enacted, That the Bond required by the said herein-before firstly-recited Act to be given in certain Cases to Her Majesty in respect of Ships carrying more than Fifty Passengers shall include and be a Security, not only for the Matters and Payments in the said Act mentioned, but also for the faithful Observance of the Provisions as well of the said herein-before secondly-recited Act as of this Act, and of any 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 herein-before secondly-recited Act or of this Act. XVI. And be it enacted, That all Powers and Duties given gration Officer to or imposed upon the Emigration Officer herein-before mentioned may be exercised and performed respectively by his Assistant in his Absence, or, 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. formed by his Assistant. Interpretation of Act. Exemption of less than One In certain Actions as to Passengers, Proof to lie on XVII. And be it enacted, That in the Interpretation of this Act the 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 Subject Matter 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. XVIII. Provided always, and be it enacted, That nothing in this Act contained shall apply to any Ship in which the Number of Passengers shall not bear to the registered Tonnage a greater Proportion than that of One Passenger to every Twenty-five Tons: Provided also, that if in any Action, Prosecution, or other legal Proceeding under this Act any Question Ships carrying shall arise whether any Ship carrying Passengers on any such Voyage as aforesaid did or did not carry a greater Number of Passengers than aforesaid in proportion to the Tonnage thereof, the Burden of proving that the Number 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. Defendant. XIX. And XIX. And be it enacted, That in all Proceedings it shall be Short Title of sufficient to cite this Act by the Title of "The North American Act. Passengers Act." XX. And be it enacted, That this Act shall remain in force Continuance of for the Period of One Year from the passing thereof, and from Act. thence to the End of the then next Session of Parliament. XXI. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed during the present Session amended, &c. of Parliament. CAP. VII. An Act to amend an Act for consolidating the Queen's Bench, Fleet and Marshalsea Prison, and for regulating the Queen's Prison. [28th March 1848.] WHEREAS by an Act, intituled An Act for consolidating 5&6 Vict. c. 22. the Queen's Bench, Fleet and Marshalsea Prisons, and "for regulating the Queen's Prison, passed in the Fifth Year of the Reign of Her Majesty, it is among other things enacted, that in the Queen's Prison the Male Prisoners shall be separated from the Female Prisoners so as to prevent all Communication between them, and that the Prisoners shall be divided into Classes, and that the First Class shall be constituted of Debtors remanded by the Commissioners of the Court for the Relief of Insolvent Debtors on the Ground of Fraud, or for refusing to file a Schedule of their Property: And whereas Doubts have arisen as to the Construction and Application of so much of the above-recited Act as sets forth the Description of such Debtors as shall be comprised in the First Class: Be it therefore declared and 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 so much of the said Act as prescribes and sets So much of forth that the First Class of Prisoners in the Queen's Prison recited Act as shall comprise and be formed of Debtors remanded by the Com- relates to Firstmissioners of the Court of Insolvency on the Ground of Fraud, repealed. or for refusing to file a Schedule of their Property, shall be and is hereby repealed. class Prisoners II. And be it enacted, That from and after the passing of What Persons this Act the First Class of Prisoners in the Queen's Prison shall shall compose be composed of the Three following Descriptions of Persons; Prisoners after namely, First-class passing of this First.-Debtors adjudged under the Seventy-seventh, Seventy- Act. Secondly.-Debtors refusing or neglecting to file a Schedule Thirdly. Indemnity to State and others of Prisoners, &c. Thirdly.-Bankrupts against whom a Warrant may be issued and lodged by the Commissioners of Bankruptcy for Fraud or Contempt of Court. III. And be it enacted, That this Act shall be and is hereby declared to be a full and complete Indemnity and Discharge to for Acts already Her Majesty's Secretary of State and to the Keeper of the done in regard Queen's Prison respectively, and to all Persons acting under his to Classification or their Authority and Control, for all Things heretofore done or permitted to be done by the said Secretary of State or by the said Keeper or other Persons in regard to the Classification of the Prisoners in the Queen's Prison, and that the same shall not be questioned or impeached in any Court of Law or Equity whatsoever to the Prejudice or Detriment of the said Secretary of State or the Keeper of the Queen's Prison, or any Persons acting under his or their Authority and Control. In case of Il ness or Absence Deputy Keeper of Keeper, to act. Tipstaffs of cery, &c. to give Security by Bond or otherwise to Keeper of Queen's Prison for faithful Discharge of Duties. IV. And be it enacted, That the Person appointed to act as Deputy Keeper of the Queen's Prison in case of the Illness or unavoidable Absence of the Keeper shall have all the Powers and execute all the Duties of the Keeper of the Queen's Prison, and the Keeper of the Queen's Prison shall be civilly responsible for all Acts and Omissions of his Deputy Keeper. V. And be it enacted, That every Tipstaff of the High Court of Chancery, and of the Courts of Queen's Bench, Common Pleas, and Exchequer, shall and he and they is and are hereby required to give such Security, by Bond or otherwise, to the Keeper of the Queen's Prison for the Time being as the Commissioners of Her Majesty's Treasury or any Three or more of them shall direct, for the faithful Discharge of the Duties intrusted to them as such Tipstaffs of the said Courts respectively in regard to any Prisoners confined in the Queen's Prison; and the said Tipstaffs shall and they are hereby required to obey all such Directions and Instructions as they or either of them may from Time to Time receive from the said Keeper of the Queen's Prison or his Deputy in respect of Penalty on Tip- such Prisoners; and every Tipstaff of the said Courts neglecting staffs neglecting or refusing to give such Security when required so to do, or not to give Security or disobeying obeying the Directions and Instructions of the Keeper of the Instructions of Queen's Prison or his Deputy, shall for every such Default Keeper of forfeit and pay the Sum of One hundred Pounds, to be recovered Queen's Prison. in any of Her Majesty's Courts of Law, in such Manner as the said Commissioners of Her Majesty's Treasury may direct. Provisions of former Acts as to reducing Penalties, &c. for introducing spirituous Liquors into Queen's Prison, no longer to exist. VI. And whereas under the Provisions of Acts heretofore passed certain Penalties or Terms of Imprisonment are imposed upon Persons convicted of carrying or taking any spirituous or fermented Liquor into any Prison, and Power has been given by subsequent Acts to any Justice or Justices of the Peace before whom the Offender is convicted to reduce or lessen the Penalty or Term of Imprisonment, and it is expedient to alter such Provisions in regard to the Queen's Prison:' Be it therefore enacted, That, so far as relates to the Queen's Prison established under the Act passed in the Fifth Year of Her present Majesty's Reign, the Power to reduce or lessen in contraven taken before a lessen any Penalty or Term of Imprisonment shall no longer exist; and if any Person, in contravention of the existing Rules Persons acting of the said Prison, shall carry or take or shall attempt to carry or take into the Queen's Prison any spirituous or fermented tion of existing Liquor, it shall be lawful for the Keeper of the said Prison or introducing his Deputy, or any Turnkey or other Person acting under his spirituous or their Authority, to apprehend or cause to be apprehended Liquors may be any Person so offending, and to convey him or her before a Justice, and Justice of the Peace, who is hereby empowered to hear and de- summarily termine such Cases in a summary Manner; and if the said convicted. Justice shall convict any Person of such Offence, he shall commit such Offender to the Common Gaol or House of Correction, there to be kept in Custody for any Period not exceeding Three Months, without Bail or Mainprize, unless such Offender shall immediately upon Conviction pay down such Sum of Money as shall be adjudged by the said Justice, not exceeding Ten Pounds nor less than Three Pounds: Provided nevertheless, that in every Penalty for cerCase where it shall be proved that the spirituous or fermented tain Offences Liquor was concealed about the Person of the offending Party duced below in Bladders or Skins, it shall not be lawful for any Justice to reduce such Penalty below the Sum of Ten Pounds; any Law, Custom, or Usage to the contrary notwithstanding... not to be re So much of as restricts the VII. And be it enacted, That so much of an Act passed in the Fifty-third Year of the Reign of King George the Third, 55 G. 3. e. 113. intituled An Act for providing Relief for the poor Prisoners con- Sum to be given fined in the King's Bench, Fleet, and Marshalsea Prisons, as to Prisoners to provides that the Sum to be given to any one Prisoner shall 6d. per Day repealed. not exceed Sixpence per Diem, shall be and the same is hereby repealed. CAP. VIII. An Act to continue for Three Years the Duties on Most Gracious Sovereign, WHEREAS by an Act passed in the Fifth and Sixth Years of Your Majesty's Reign, intituled An Act for 5&6 Vict. c. 35. 'granting to Her Majesty Duties on Profits arising from Property, Professions, Trades, and Offices, until the Sixth Day of April One thousand eight hundred and forty-five, certain Rates and Duties arising from Property, Professions, Trades, and Offices were granted to Your Majesty for a Term therein ⚫ limited and now expired, and by an Act passed in the Eighth Year of Your Majesty's Reign the same Rates and Duties were continued for a further limited Term, expiring with the Fifth Day of April One thousand eight hundred and forty-eight,' We, Your Majesty's most dutiful and loyal Subjects, the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled, towards raising the necessary Supplies to defray Your Majesty's public Expenses, have freely and volun |