Estreat. liable to the same proceedings for estreat, as if taken before a Justice of the Peace. § 1717. The proceedings for estreat and distress, and imprisonment in default, are contained in sections 134 and 135 of the Act. (See post, Appendix, pp. 79, 80.) § 1718. Another mode of proceeding on recognizances generally, is provided in the 4th section of "The Crown Debts Act, 1866." (See ante, Crown Debts.) REFORMATORY. See Children-Neglected and Criminal; and Contagious Diseases. General law as RESTITUTION. § 1719. In various Acts, powers are given to Justices to to restitution. order delivery to the true owners of property which has been the subject of inquiry before him; and general provisions are made with regard to this matter in "The Larceny Act, 1867," sections 99, &c. Riot Act. Search warrants. RIOTS. § 1750. The special duties and powers of Justices and peace officers respecting riots and routs, unlawful assemblies, and the reading of the Riot Act, have already been detailed in Chapter IV., "On the Conservation of the Peace." (See ante, §§ 209-214, and §§ 222-238.) SCHOOLS-INDUSTRIAL AND REFORMATORY. See Children-Neglected and Destitute. SEARCH WARRANTS. § 1751. Special provisions are made in a great number of Statutes for the issue of search warrants, and there are general provisions on the subject in "The Larceny Act, 1867," section 102. (See ante, §§ 693, &c.) SESSIONS-PETTY. See ante, Chapter II. SHEEP-DISEASED. For specific provisions, sec various Provincial Ordinances. Tit. Sheep and Scab. of fines. § 1752. "The Diseased Sheep Fines Appropriation Act, Appropriation 1867," provides that all moneys arising from fines and penalties inflicted upon owners of sheep or other persons, under any Act or Ordinance of any Provincial Legislature providing for the prevention of the introduction or the spread of disease in sheep, and for the cure and remedy thereof, or any like purpose, are to be deemed to be Provincial revenue of the Province in which they have arisen, and are to be paid over to the Provincial Account of such Province. § 1753. It would appear, therefore, that the Clerks of Clerk's duties. Resident Magistrates or Petty Sessions, or Justices of the Peace, receiving such fines or penalties, must pay them over to that account, as above mentioned. SHIPS AND SEAMEN. 1. The Passengers Acts, 1855 and 1863, and "The Marine Act, 1867." For the provisions of the Merchant Shipping Consolidation Acts, see ante, Merchant Shipping, § 1653, &c. J.P.s as to passengers. § 1754. Besides the duties relating to ships and seamen cast Duties of upon the Justices of the Peace by the Merchant Shipping Act, of which an outline has already been given (ante, § 1655, &c.), there are various other duties created by the provisions of the Imperial Act, intituled "The Passengers Act, 1855," amended by "The Passengers Act Amendment Act, 1863," to which it seems desirable to call attention. (1) (1) Resident Magistrates and Justices' clerks, especially at seaports, ought to be provided with copies of this Act. Definition of Extent of Act. Colonial voyage. General provisions of Act. § 1755. The interpretation clause of the Act of 1855 defines the word "passage" as including all passages excepting cabin passages, and "passengers" as including all passengers except cabin passengers; and "cabin passengers" are defined according to the quantity of space allotted to them, the place where they mess, the proportionate rate of the passage money to the length of the voyage, and the possession of a proper contract ticket. "Ship" signifies any description of sea-going vessel, British or Foreign; and "passenger ship," by the definition given in the Amendment Act of 1863, applies to any such ship carrying, upon any voyage to which the Act of 1855 extends, more than fifty passengers, or one statute adult for every 33 tons (registered tonnage) of a sailing ship, or 20 tons for a steamer; and "master" includes the person borne on the ship's articles as such, or any other person, other than a pilot, for the time being in charge or command of a ship. § 1756. The Act is made to extend to every "passenger ship" proceeding on any voyage from the United Kingdom to any place out of Europe, not being within the Mediterranean Sea, and on every colonial voyage. § 1757. A "colonial voyage" is defined to be any voyage from any place within any of Her Majesty's possessions abroad, (except the East Indies and Hongkong,) to any place more than 400 miles distant, or where the duration of the voyage, ascertained according to a Proclamation by the Governor of the Colony, exceeds three days. § 1758. The Act contains a great variety of provisions, as to the surveying and examination of such ships, and the giving of certificates, by Emigration Commissioners; the construction and thickness of decks, the arrangement and lighting of berths, ventilation, and the carrying of boats; the efficiency of the crew; the stowage of cargo and stores; the computation of length of voyages; the sufficiency and rates of provisions and water; medical attendance and appliances; sending on passengers after wreck or damage; posting up Passengers abstracts of the Act; contract tickets; return of passage Act, 1855. money; subsistence money to be paid to passengers relanded or detained; and maintenance after arrival; orders in Council regulating emigration, and prescribing rules for health, cleanliness, order, and ventilation; passage brokers, emigrant runners, &c. These provisions are enforced under a variety of penalties, recoverable in a summary way. with limita § 1759. Certain of those enactments are not to be applied Parts not to colonial voyages as above defined, and a certain other applicable, or portion is not to be applied if the prescribed duration of the tion, to colonial voyages. colonial voyage be less than three weeks. (See section 96 of the Act.) sions for colo § 1760. Provisions are further made for the survey of Special proviships in the colonies; and for appointing surgeons thereto; nial voyages. and also for the proclamation by the Governor of a scale of Sec. 98. diet, medicines, and medical comforts, and of the prescribed duration of voyages. Sec. 97. § 1761. Power is also given by the Act to the Governor- Indian Acts. General of India in Council to pass Acts concerning passenger traffic, which shall be enforced in all Her Majesty's possessions. § 1762. The mode of recovering penalties, &c., under the Mode of Act is prescribed by the 85th section. It applies to all recovering penalties and penalties imposed by the Act, and all sums of money made sums of money recoverable under the Act by way of passage money, subsis- Sec. 85. tence money, compensation, or damages for the breach of any stipulation in any contract ticket. under Act. Sec. 86. (1.) Such penalties and sums are to be sued for and Before whom. recovered before any two or more Justices of the Peace (or, in New Zealand, a Resident Magistrate), acting in any part of Her Majesty's possessions where the offence was committed, or the cause of complaint arose, or where either party, complainant or defendant, happens to be, or acting Passengers Act, 1865. By whom pro- By whom moneys to be sued for. Information Sec. 85. in a place adjacent to any navigable river or inlet of the sea on which the offence was committed, or such cause of complaint arose. (2.) Penalties and forfeitures imposed by the Act, are to be sued for in any of Her Majesty's possessions abroad, by any Government Emigration Officer or Agent, or by any Collector or Comptroller of Her Majesty's Customs, or other officer of Customs authorized by the Commissioners of Her Majesty's Customs, or by any officer authorized to sue for penalties and forfeitures under the Act by writing under the hand and seal of the Governor of such possession. (3.) Moneys made recoverable by the Act, as return of passage money, subsistence money, damages, or compensation, may be sued for and recovered by and for the use of any passenger entitled thereto under the Act, or by any such officer as above mentioned, for and in behalf of, and to the use of, any such passenger, or any number of such passengers, either by one or several informations or complaints. (4.) Information or complaint may be made to one or complaint. Justice of the Peace, and the Justices may hear the case even in the absence of the party complained against, with or without any written information or complaint. But it would seem convenient to use the ordinary form of information er complaint, (Form No. 15). Summons. (5.) Thereupon the Justice must issue a summons in the Form No. 262. form (N.) given in the Schedule of the Act, requiring the party offending or complained against to appear at a time and place to be named therein. Service of. Proceeding on non-appear ance. (6.) The summons may be served personally, or at the party's last known place of abode or business, or by delivering it on board any ship to which he may belong, to the person in charge of such ship. (7.) If the party summoned do not appear accordingly at the proper time and place, and service of the summons be proved, two Justices (or a Resident Magistrate) may either proceed to hear and determine the case in his absence, or they, or either of them, may issue a warrant for his appre hension, or for bringing him before them or any two Justices |