A
BILL
For regulating Vessels carrying Passengers
to Foreign Parts.
Preamble.
Whereas as Act was passed in this present Session of
Parliament, intituled [entitled?], " An Act to repeal
the several Laws "relating to the Customs," in which
it is declared, that the Laws of the Customs have
become intricate, by reason of the great number of Acts
relating thereto, which have been passed through a
long series of years, and that it is therefore highly
expedient, for the interest of commerce and the ends
of justice, and also for affording convenience and
facility to all persons who may be subject to the
operation of those Laws, or who may be authorized to
act in the execution thereof, that all the Statutes
now in force relating to the Customs should be
repealed, and that the purposes for which they have
from time to time been made, should be secured by
new Enactments, exhibiting more perspicuously and
compendiously the various provisions contained in them:
And whereas by the said Act the Laws relating to
the carrying of Passengers to Foreign parts will be
repealed; and it is expedient to make new provisions
in lieu thereof;
Commencement of Act.
Be it therefore Enacted by the KING'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 from and after this Act shall come
into and be and continue in full force and operation
for regulating Vessels carrying Passengers to
Foreign parts.
No British Vessel carrying Passengers shall sail with
a greater Number of Persons than for every five Tons
burthen, without a Licence from Commissioners of
Customs. - Restriction as to Licence.
And be it further Enacted, That no British ship
carrying any passenger or passengers, shall sail from
any port or place in the United Kingdom, to or for
any port or place out of Europe, and not being within
the Streights [Straits?] of Gibraltar, with more persons
on board, including the master and crew, than
for every five tons of her burthen, without a
licence under the hands and seals of the Commissioners
of His Majesty's Customs, under the penalty of
for every person exceeding such proportion, to
be paid by the master of such ship: Provided always,
that no such licence shall be granted for any ship to
carry any greater number of persons, including the
master and crew, than in the proportion of one person for
every two tons of the burthen of such ship or vessel:
Provided also, that two children under fourteen years
of age, or three children under seven years of age,
shall in all cases be computed as one person, for the
purposes hereinbefore mentioned.
Number of Persons permitted to be taken on board of
Vessels laden with Goods for Exportation to be in
proportion of one Adult Person to every Two Tons, &c.
- Penalty 50l. - Apportionment of Space for Passengers.
And be it further Enacted, That it shall not be lawful
for the master of any ship laden with goods and
merchandize for exportation, which shall sail from any
port or place in the United Kingdom to or for any port
or place out of Europe, and not being within the Streights
[Straits?] of Gibraltar, to receive or take on board a greater
number of persons, including the master and crew, computed
as aforesaid, than in the proportion of one person for
every two tons of such ship remaining unladen with goods
and merchandize, under the penalty of [not specified] for
every person exceeding such proportion, to be paid by the
master of such ship: Provided always, That every clear
integral space between the deck and the cargo of every ship
which shall have but one deck, or between the decks of any
ship having more decks than one, such space being unoccupied
with goods or merchandize, or with stores, provisions,
water or baggage, and being six feet in length, two feet
six inches in breadth, and being of the whole of the
height between decks, or being five feet six inches in
height, if there be only one deck, shall be deemed to be
and shall be equivalent to two tons of such ship
remaining unladen.
Tonnage deemed to be according to Registry.
And be it further Enacted, That every British ship
shall be deemed to be of such burthen as is set forth
in the certificate of the registry of such ship, and
the burthen of every Foreign ship shall be ascertained
by admeasurement, in the manner directed by any Act
now in force or hereafter to be made respecting the
admeasurement of British ships, for the purpose of
being registered.
List of Persons on board to be delivered to the Colector.
- Bond to be given that the Vessel is seaworthy and
properly stored, &c.
And be it further Enacted. That the master of every
British ship carrying passengers as aforesaid, and having
more persons on board, including the master and crew,
computed as aforesaid, than one for every five tons of
the burthen of such ship, previously to his leaving the
port from whence he shall be bound, shall deliver to the
collector and comptroller of His Majesty's Customs at
such port, a list containing the full number of the crew,
and also the number of the passengers, with their names,
ages and descriptions, and the places to which they are
to be respectively conveyed, for the purpose of being
registered at such port; and if the number of such
persons shall exceed Fifty, such ship shall not be
cleared out, unless the owner or owners, or the master,
shall have given bond to His Majesty, with two
sufficient sureties, such bond to be without stamp, and
to be taken by and left in the hands of the collector or
comptroller of the Customs of the port from whence such
ship shall be cleared out, in an amount equal to the
sum of [not specified] for each passenger, whether child
or adult, on board such ship, with condition that such ship
is seaworthy and properly stored with water and provisions,
and shall have for the voyage a surgeon, with a medicine
chest properly stored with medicines, as hereinafter
provided; and that every such passenger, if alive, shall
be landed at the port or ports to which such passenger
shall have contracted to be conveyed, unless landed
elsewhere at his or her own desire.
Penalty on Masters taking more Passengers than allowed.
And be it further Enacted, That if the master of any
British ship, having a licence to carry passengers in
the manner hereinbefore directed, shall take on board,
or if he or the owner or owners of any such ship, shall
engage to take on board, any person or persons exceeding
the number mentioned and specified in such licence, such
master or owner or owners, shall severally forfeit and
pay the sum of [not specified] for each and every person
so taken or engaged to be taken beyond the persons
specified in such licence.
Allowance of Provisions.
And be it further Enacted, That every such ship,
having a licence as aforesaid, shall be provided with
such a supply of good and wholesome water as will
afford an allowance of five pints of water daily during
the voyage for every person (including the master and
crew), and computing two children under ten years of age
as one person, which supply of water shall be stowed below
the lower deck, if there be two decks, or five feet six
inches at least below the deck, if there be only one
deck; and every such ship shall also be provided with
such a supply of provisions as will afford an allowance
for every such person during the voyage, of one pound
weight of bread or biscuit, and one pound weight of
beef, or three quarters of a pound weight of pork daily,
and also two pounds weight of flour, and three pounds
weight of oatmeal, or of pease, or of pearl barley, and
half a pound weight of butter weekly; the said
allowance to commence on and be computed from the day
the ship takes her departure from the port at which she
shall be cleared outwards.
Penalty on Master failing to give the Allowance of
Provisions.
And be it further Enacted, That the master of such
ship failing to give out the allowance of provisions
and water hereinbefore specified, if required to do so,
shall forfeit the sum of [not specified] of lawful money
for each and every such neglect and omission.
Passengers may be relanded on Application to the
Collector, &c.
Provided always, and be it Enacted, That if any
passenger who has entered into any contract or agreement
for the voyage on board any such ship, shall signify to
the collector or comptroller, or other proper officer of
the Customs, or to any Justice of the peace or other
magistrate in the United Kingdom, that he or she is
desirous of being relanded, and of not proceeding on any
such voyage, it shall and may be lawful to and for such
collector or comptroller, or other proper officer of the
Customs, or for such Justice of the peace or other
magistrate, and they are hereby empowered and required to
take such passenger, together with his or her baggage,
out of the ship, and to set such passenger free from his
or her engagement, reserving to either party any legal
claim which may arise in consequence thereof.
Penalty on Master relanding Provisions. - But Provisions
of any Passenger relinquishing the Voyage may be
relanded.
And be it further Enacted, That if, after any such
ship shall have been cleared out, the master of any such
ship shall unship or reland, or permit or suffer to be
unshipped or relanded, any water or provisions, such
master shall forfeit the sum of [not specified].
Provided always, That if any passenger shall be relanded
and shall not proceed, then it shall and may be lawful
for such master to unship or reland, under the inspection
of the proper officers of the Customs, at the port where
such passenger shall be relanded, a quantity of water and
provisions not exceeding the proportion sufficient for
the allowance of every such passenger so relanded.
Bedding to be aired, and Vessel fumigated.
And be it further Enacted, That the bedding of each
and every passenger on board any such ship shall be
aired by exposure upon the deck, when the weather will
permit, daily during the voyage; and such ship shall
be fumigated with vinegar at least twice in every week
during the voyage; and the master of such ship shall
forfeit and pay the sum of [not specified] for each
failure or neglect in airing the said bedding, or in
fumigating the ship.
No British Vessel carrying 50 Persons shall be cleared
out unless provided with a Surgeon.
And be if further Enacted, That no British ship
having a licence to carry passengers as aforesaid,
carrying fifty persons or upwards, including the
master or crew, computed as aforesaid, shall be
cleared out at any port of the United Kingdom,
unless such ship shall be provided with a Surgeon,
who is to continue during the whole of the voyage,
and who shall produce to the officer of the Customs
at the port where the ship is to be cleared, a
certificate of his having passed his examination
at Surgeons Hall in London, or at the Royal College
of Surgeons of Edinburgh or Dublin, or before the
Medical Faculty of the University of Glasgow.
Surgeon to be provided with a Medicine Chest
properly stored with Medicines. - Penalty on
Master not providing a Surgeon, &c. for each
Person on board.
And be it further Enacted, That every such surgeon
shall have a medicine chest properly stored with
medicines, in proportion to the number of persons
on board of such ship, of the kind and according
to the assortment generally used and made for the
like voyages on board of His Majesty's ships of war;
and before any such ship shall be allowed to be
cleared out, such surgeon shall specify upon oath,
before the collector or comptroller of the Customs
at the port from whence such ship is to be cleared
out, the contents of such medicine chest; and shall
further make oath, that the medicines are of good
and proper quality, and of the assortment generally
used and made for the like voyages on board of His
Majesty's ships of war, to the best of his
knowledge and belief; and that he is engaged and does
intend to go the voyage as surgeon on board such
ship; and the affidavit of every such surgeon shall
be deposited and preserved in the Custom House
where the clearance of such ship shall be granted;
and the owner or master of every such ship failing
to provide a surgeon so qualified, and a medicine chest
properly stored as aforesaid, shall forfeit and pay
the sum of
for every person on board, including the master and
crew.
Vessels to be marked with a P. - Penalty on Master
having more than the allowed Number on board.
AND whereas it is expedient that some certain
mark should be placed on certain British ships or
vessels carrying passengers, that they may at all
times be known at sea by His Majesty's ships and
vessels of war or revenue; BE it therefore Enacted,
That the letter P. shall be painted in white at
least three feet in length, and of proportionate
width, on the quarters of every British ship
carrying passengers as aforesaid, and having more
persons on board, including the master and crew,
computed as aforesaid, than one for every five tons
burthen of such ship, under the penalty of the
forfeiture of
by the master of such ship, on failure of having
such mark,
Officers of the Navy, Consuls, &c. may inquire into
the Execution of the Act. - Penalty on Master refusing
to produce the Act and Licence,
And be it further Enacted, That all captains and
officers commanding His Majesty's ships of war or
revenue vessels, who shall meet any such British ships
at sea, and the collectors and comptrollers of His
Majesty's Customs at any port in the United Kingdom, or
in the British possessions, and the governors and
lieutenant-governors at any such possessions, and His
Majesty's consuls at any foreign port, shall and may,
and they are hereby empowered and required to call
upon the master of any such ship to produce the
licence granted by the Commissioners of His Majesty's
Customs, for the purpose of inspection and
examination, and to ascertain whether the regulations
of this Act have been duly complied with; and in
case the master of any such ship shall refuse or fail
to produce the said licence, he shall forfeit the
sum of
Act not to extend to Vessels in Service of His Majesty,
&c.
Provided always, and be it Enacted, That nothing in
this Act contained shall extend or be deemed or
construed to extend to ships in the service of His
Majesty, or His Majesty's Postmaster-General, or of
the East India Company, or to any ship bound to the
fisheries at Newfoundland, or on the coast of Labrador.
No Foreign Vessel carrying Passengers shall sail for
any Port out of Europe, &c. with more persons on
board than One for every Five Tons Burthen without
special Permission of the Commissioners of the Customs.
And be it further Enacted, That no foreign ship,
carrying any passenger or passengers, shall sail from
any port or place in the United Kingdom to or for any
port or place out of Europe, and not being within the
Streights [Straits?] of Gibraltar, with more persons
on board, including the master and crew, than one for
every five tons burthen of such ship (unless special
permission shall be given for that purpose by the
Commissioners of His Majesty's Customs), under penalty of
[not specified] for every person exceeding such
proportion, to be paid by the master of such ship or
vessel.
Act to extend to Foreign Ships belonging to States in
Amity.
Provided always, and be it further Enacted, That
during the continuance of any convention of commerce
and navigation between His Majesty and any Foreign
state, whereby the privileges of British ships shall
be conceded to the ships of such foreign state, so
much of this Act as relates to British ships shall
extend and be construed to extend to ships belonging
to such states, during the existence of such
convention, and carrying more passengers than other
foreign ships are by this Act permitted to carry.
Recovery of Penalties.
And be it further Enacted, That all sums of money,
penalties, and forfeitures in this Act mentioned and
contained, shall be calculated and paid and payable
within Great Britain and Ireland in lawful money of
Great Britain; and that any penalty or forfeiture
inflicted by this Act may be prosecuted, sued for and
recovered by action of debt, bill, plaint or
information in any of His majesty's courts of record
at Westminster or Dublin, or in the court of Exchequer,
or in the court of Session in Scotland, in the name of
His Majesty's Attorney-General for England or Ireland,
or His Majesty's Advocate for Scotland respectively,
or in the name of any person or persons whatsoever,
wherein no essoign, protection, privilege, wager of law,
or more than one imparlance shall be allowed; and in
every action or suit the person against whom judgment
shall be given for any penalty or forfeiture under
this Act, shall pay costs of suit;
and every such action or suit shall and may be
brought at any time within years after
the offence commited, and not afterwards; and one
moiety of every penalty to be recovered by virtue of
this Act shall go and be applied to His Majesty, His
Heirs and Successors, and the other moiety to the use
of such person or persons as shall first sue for the
same, after deducting charges of prosecution for the
whole.
Limitation of Actions.
And be it further Enacted, That if any action or
suit shall be brought or commenced against any person
or persons for any thing done in pursuance of this Act,
the defendant or defendants in such action or suit may
plead the General Issue, and give this Act and the
special matter in evidence at any trial to be had
thereupon, and that the same was done in pursuance and
by the authority of this Act; and if it shall appear
to be so done, then and in every such case, the jury
shall find for the defendant or defendants; and upon
such verdict, or if the plaintiff or plaintiffs shall
become nonsuited, or discontinue his her or their
action, or if a verdict shall pass against the
plaintiff or plaintiffs, or upon demurrer, judgment
shall be given against such plaintiff or plaintiffs,
the defendant or defendants shall and may recover
costs, and have the like remedy for
the same as any defendant or defendants hath or have
for costs of suit in any other cases by law.
