A
BILL
To repeal an Act of the 6th Year of His
present Majesty, for regulating Vessels
carrying Passengers to Foreign Parts, so
far as relates to the carriage of Passengers
to the British Possessions on the Continent
of North America; and to make further
Provision respecting the carriage of
Passengers to the said British Possessions.
Preamble: Act 6 G. IV.
WHEREAS an Act was passed in the Sixth
year of the reign of His present Majesty,
intituled [entitled?], "An Act for regulating
Vessels carrying Passengers to Foreign Parts;"
and it is expedient to repeal the said Act,
so far as the same relates to the carriage of
Passengers to the British possessions
respecting the carriage of Passengers to the
said possessions;
So much of Act repealed as relates to
the carriage of Passengers to British Possessions
in North America.
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 that authority of the same,
THAT the said Act shall be and the same is
hereby Repealed, so far only as the said Act
relates to the carriage of Passengers to the
British possessions on the Continent of North
America.
Actions already brought may be proceeded
in.
Provided nevertheless, and be it Enacted,
That all penalties, fines and forfeitures,
heretofore incurred under the said Act, shall
and may be prosecuted, sued for and recovered,
and all that actions, suits, indictments and
informations, heretofore brought under and by
virtue of the said Act, shall and may be
proceeded with, in such and the same manner,
to all intents and purposes, as if this present
Act had not been made; any thing therein
contained to the contrary notwithstanding.
Proportion of Passengers to Tonnage.
And be it further Enacted, That no ship
shall sail from any port or place in the United
Kingdom to or for any port or place in His
Majesty's possessions on the Continent of North
America, with more persons on board,
exclusive of the master and crew, than in
the proportion of one person for every
[blank] tons of the registered burthen,
unless such ship shall have two decks at
least in height between decks; and that no
vessel, as last aforesaid, shall sail on any
such voyage as aforesaid, with more persons
on board, exclusive of the master and crew,
than in the proportion of one person for every
[blank] tons of the registered burthen of such
ship: Provided always, That two children, each
being under the age of seven years, shall in
all cases be computed as one person for the
purposes hereinbefore mentioned; but any child
under the age of twelve months shall, with its
mother, be considered as one person only, with
reference to the tonnage of the vessel.
No part of Cargo to be between Decks.
And be it further Enacted, That no ship
carrying Passengers on any such voyage as
aforesaid, in the before-mentioned proportion
of one person for every [blank] tons of the
burthen of such ship, shall carry any part of
her cargo, provisions, water or sea stores
between decks.
Provisions.
And be it further Enacted, That no ship
carrying any passengers on any such voyage as
aforesaid, shall put to sea, unless and until
there shall be actually laden and on board such
ship, good and wholesome provisions for the
use and consumption of the said Passengers, to
the amount or in the proportion following; that
is to say, a supply of water for seventy-five
days at the least, at the rate of [blank] pints
of water per day for every person on board such
ship, the master and crew included; and a supply
of bread, biscuit, flour, oatmeal, or of any other
wholesome food equivalent hereto, for the purpose
of sustenance, and not inferior in price, for
seventy five days, at the rate of [blank] per day
for every person on board such ship, the master
and crew included.
List of Passengers.
And be it further Enacted, That the master
of every ship carrying Passengers on any voyage
as aforesaid, shall, before clearing out the said
ship from any port or place in the United Kingdom,
deliver to the collector or other principal officer
of His Majesty's Customs at such port or place, a
List in writing, specifying as accurately as may be
the names, ages, and professions or occupations of
all and every the Passengers on board such ship,
with the name of the port or place in His Majesty's
possessions on the Continent of North America,
at which he the said master had contracted to land
each of the said Passengers; and such collector or
other chief officer of Customs shall thereupon
deliver to the said master a counterpart of such
list, signed by him the said collector or other
chief officer as aforesaid; and the said master
shall exhibit the said counterpart of his
said list to the collector or other chief officer
of His Majesty's Customs, at the first port or
place in His Majesty's said possessions on the
Continent of North America, at which the said
passengers, or any of them shall be landed, and
shall deposit the same with such collector or
other chief officer of Customs, at his final
port of discharge in the said possessions.
Passengers not to be landed but at place
where they engaged to go.
AND for the prevention of Frauds which
might be practised upon indigent persons
emigrating from the United kingdom to His
Majesty's said Possessions on the Continent
of North America; be it further Enacted, That
if the master of any ship carrying any
Passengers as aforesaid, shall, without their
his or her previous consent in writing, land
or put on shore, or cause to be landed or put
on shore, any Passengers or Passenger, at any
Port or place other than the port or place at
which he may be contracted to land or put such
Passengers or Passenger on shore, he the said
master shall incur and become liable to a
penalty of [blank] for each and every Passenger
so landed or put on shore, to be recovered in
a summary way, before any two Justices of the
peace in and for the province district, county
or place, in which any such Passenger shall be
so landed, on the complaint of any such persons
or person, and to be levied by warrants under
the hands and seals of such magistrates, upon
the goods of such an offender; and in default
of sufficient goods to satisfy the amount of
any such penalty or penalties, it shall and may
be lawful for such magistrates, and they are
hereby authorized, to commit any such offender
to custody in the common goal, or other usual
place of imprisonment, within such province,
district, county or place, until such penalties
be fully paid and satisfied; provided, that no
such imprisonment shall be continued for more
than [blank] in the whole.
Punishment of Masters disobeying Provisions
of Act.
And be it further Enacted, That if any ship
carrying Passengers from any port or place in the
United Kingdom, to or for any port or place in His
Majesty's possessions on the Continent of North
America, shall carry any greater number of
Passengers than in the proportion authorized and
allowed by this present Act, the master of the
said ship shall incur and become liable to the
payment of a fine of [blank] for each and every
Passenger above that number; and if the cargo
provisions hereinbefore in that behalf made, the
master of the said ship shall incur and become
liable to the payment of any fine at the discretion
of the court before which the same may be recovered,
not exceeding [blank] and if any such ship shall
clear out or put to sea, not having on board such
good and wholesome provisions as aforesaid, for the
use and consumption of the said Passengers, to the
amount or in the proportion hereinbefore required,
the said master shall incur and become liable to
the payment of a fine at the discretion of the court
before which the same may be recovered, not
exceeding [blank] and if any such ship shall be
cleared out from any port or place in the United
Kingdom, before such Lists of Passengers as
hereinbefore mentioned, have been delivered in
manner and form aforesaid, to such officer as
aforesaid, or if any List shall be wilfully false
or erroneous, the master of the said ship shall
incur and become liable to the payment of a fine
of [blank] and all and singular the fines and
penalties aforesaid shall and may be sued for
and recovered by action of debt, bill, plaint,
or information, by any person or persons who
will sue for the same, in any of His Majesty's
Supreme Courts of Record in England or Ireland,
or in His Majesty's Court of Exchequer in
Scotland, or in any Supreme Court of Record
having jurisdiction in any of His Majesty's
possessions on the Continent of North America;
one half of which fines or fortitudes shall be
to the use of His Majesty, and the other half
shall be to the use of the person or persons
suing for the same: Provided always, That
nothing herein contained shall take away or
abridge any right of suit or action, which
may accrue to any Passenger in any such ship
as aforesaid, or to any other person in respect
of any breach of any contract made by any such
Passenger or other person with the master or
owner thereof.
Bond from Masters of Ships.
AND for the more effectually securing the
due observance of the aforesaid rules, and the
payment of the penalties aforesaid, BE it
further Enacted, That before any ship carrying
Passengers shall clear out from any port or place
in the United Kingdom, to or for any port or place
in His Majesty's possessions on the Continent of
North America, the master of the said ship shall
enter into a Bond to His Majesty, His heirs and
successors, with one good and sufficient surety,
to be approved by the collector or other chief
officer of Customs at such port, in the sum of
[blank] the condition of which bond shall be
that the said ship is sound and sea worthy;
and that all and every the rules and regulations
made and prescribed by this Act, for the
carriage of Passengers, shall be well and truly
performed before and during such intended voyage;
and that all fines and forfeitures which may
be recovered against the master of such ship,
for or in respect of the breach or non-performance,
before or during such voyage, of any such rules
and regulations, shall be well and truly paid:
Provided always, That such bond as aforesaid shall
be without stamps; and that no prosecution, suit,
or action or information shall be brought under
or by virtue of this Act, or upon or by reason of
the breach of any of the provisions thereof, after
the expiration of [blank] next succeeding the
commencement of any such voyage as aforesaid.
Prince Edward's Island, &c. to be deemed part
of North America.
And be it further Enacted and Declared, That
for the purpose of this present Act, Prince Edward's
Island, and all other island's dependent upon the
government of any of His Majesty's Provinces on the
Continent of North America, shall be deemed and
considered to be part of the said Continent of North
America; and that for the purpose of this Act the
chief officer in command of any such ship or vessel,
as aforesaid, shall in all cases be deemed and taken
to be the master thereof.
Not to extend to Post Office, East India, or
Labrador Fisheries Ships.
And be it further Enacted, That nothing in this
Act contained shall extend, or be construed to extend,
to any ship in the service of His Majesty's Postmaster
General, or of the East India Company, or to any ship
bound to the Fisheries of, or on the coast of Labrador.
