(2) In the case of an emigrant ship give, or direct the emigration or other officer to give, a certificate of clearance under the abovementioned enactments, and (3) In the case of a refusal of a certificate as to lights or fog signals, to give a certificate under section thirty of the Merchant Subject to any order made by the judge of the court of survey, the costs of and incidental to an appeal under this section shall follow the event. Subject as aforesaid, the provisions of this Act with respect to the court of survey and appeals thereto, so far as consistent with the tenor thereof, shall apply to the court of survey when acting under this section, and to appeals under this action. Where the survey of a ship is made for the purpose of a declaration or certificate under the above-recited enactments, the person appointed to make the survey shall, if so required by the owner, be accompanied on the survey by some person appointed by the owner, and in such case, if the said two persons agree, there shall be no appeal to the court of survey in pursuance of this section. § 603. The penalty for proceeding to sea without a certificate of clearance is prescribed by the Passengers Act Amendment Act, 1863, (q) as follows: proceeds to sea without certificate of clearance, &c. 13. If any passenger ship shall clear out or proceed to sea without Forfeiture of the master having first obtained such certificate of clearance, or without ship if master his having joined in executing such bond to the crown as by the said Passengers' Act, 1855, are required, or if such ship, after having put to sea, shall put into any port or place in the United Kingdom in a damaged state, and shall leave or attempt to leave such port or place with passengers on board without the master having first obtained such certificate of clearance as is required by section fifty of the said Passengers Act, 1855, such ship shall be forfeited to the use of Her Majesty, and may be seized by any officer of the customs, if found, within two years from the commission of the offence, in any port or place in Her Majesty's dominions; and such ship shall thereupon be dealt with in the same manner as if she had been seized as forfeited for an offence incurring forfeiture under any of the laws relating to the customs provided that it shall be lawful for [the Board of Trade] to release if [they] shall think fit, any such forfeited ship from seizure and forfeiture, on payment by the owner, charterer, or master thereof, to the use of Her Majesty, of such sum not exceeding two thousand pounds as [the Board of Trade] may by any writing under [their] hand specify. § 604. The Passengers Act, 1855,(r) further enacts: 13. No ship shall carry passengers or cabin passengers on more than Where pastwo decks; provided, that cabin passengers in a proportion not exceed- sengers may ing one cabin passenger for every one hundred tons of the ship's be carried. registered tonnage, or sick persons placed in a hospital, as hereinafter provided, may be carried in a poop or deck house, notwithstanding that passengers are carried on two other decks, and if passengers are carried under the poop or in any round house or deck house, such poop, round house, or deck house shall be properly built and secured to the satisfaction of the emigration officer at the port of clearance: For any breach of this enactment the master of the ship shall for each offence (1) 26 & 27 Vict. c. 51. (r) 18 & 19 Vict. c. 119. Rules for determining the number of passengers to be carried. Space check. Penalty. Nothing to extend to repeal 16 & 17 Vict. c. 84. be liable to a penalty not exceeding five hundred pounds nor less than twenty pounds sterling. 14. For determining the number of passengers to be carried in any passenger ship" the following rules shall be observed: (2) No ship shall carry under the poop, or in the round house or deck house, or on the " upper passenger deck "(s), a greater number of passengers than in the proportion of one statute adult to every fifteen clear superficial feet of deck allotted to their use: (3) No ship shall carry on her lower passenger (s) deck a greater number of passengers than in the proportion of one statute adult to every eighteen clear superficial feet of deck allotted to their use: Provided nevertheless, that if the height between such lower passenger deck and the deck immediately above it shall be less than seven feet, or if the apertures (exclusive of side scuttles) through which light and air shall be admitted together to the lower passenger deck shall be less in size than in the proportion of three square feet to every one hundred superficial feet of the lower passenger deck, no greater number of passengers shall be carried on such deck than in the proportion of one statute adult to every twentyfive clear superficial feet thereof: 66 (4) No ship, whatever be her tonnage or superficial space of passenger decks," shall carry a greater number of passengers on the whole than in the proportion of one statute adult to every five superficial feet, clear for exercise, on the upper deck or poop, or (if secured and fitted on the top with a railing or guard to the satisfaction of the emigration officer at the port of clearance) on any round house or deck house : (5) In the measurement of the passenger decks, poop, round house, or deck house, the space for the hospital and that occupied by such portion of the personal luggage of the passengers as the emigration officer may permit to be carried there shall be included: If there shall be on board of any ship at or after the time of clearance a greater number of passengers (except by births at sea) than in the proportions respectively hereinbefore mentioned, the master of such ship shall be liable to a penalty not exceeding twenty pounds nor less than five pounds sterling for each passenger constituting such excess. 15. Provided nevertheless, that nothing in this Act contained shall extend to repeal or vary an Act passed in the session of Parliament holden in the sixteenth and seventeenth years of the reign of her present Majesty, chapter eighty-four, entitled "An Act to amend the Passengers Act, 1852, so far as relates to the Passages of Natives of Asia or Africa, and also Passages between the Island of Ceylon and certain parts of the East Indies." (t) § 605. With respect to the passengers' lists, the Act provides: 16. The master of every ship, whether a "passenger ship," or otherwise, carrying passengers on any voyage to which this Act extends, shall, before demanding a clearance for such ship, sign two lists, (u) Ante, § 600. This enables ships to carry, under certain circumstances, natives of Asia and Africa at the rate of one for every twelve superficial feet of passenger deck, and empowers the Governor of Ceylon to regulate the number of passengers to be carried on voyages from Ceylon to certain parts of India. See also as to HongKong, 18 & 19 Vict. c. 104; and as to Australasia, 24 & 25 Vict. c. 52. (u) By 26 & 27 Vict. c. 51, s. 6, in the passenger lists required by the sixteenth and seventeenth sections of the Passengers made out according to the form contained in schedule (B.)(x) hereto Passenger 17. If at any time after such lists (u) shall have been signed and de- 18. If any person shall be found on board any passenger ship with Penalty on intent to obtain a passage therein without the consent of the owner, noncompliance. charterer, or master thereof, such person, and every person aiding and abetting him in such fraudulent intent, shall respectively be liable to a penalty not exceeding [twenty pounds] (2), and in default of payment, to Penalty on imprisonment, with or without hard labour, for a period not exceeding persons found three calendar months; and such person so found on board may be on board ships taken before any justice of the peace, without warrant, and such justice consent of may summarily hear the case, and on proof of the offence convict such owners, &c. offender as aforesaid. § 606. The penalty for clearing without survey is thus prescribed: Act, 1855, to be delivered by the master of avengers every ship before demanding a clearance, there shall be set forth, in addition to ided in the other particulars required by the ger Passengers Act, 1855, the names of all cabin passengers on board such ships, specifying whether they respectively are under or over twelve years of age, and at what place the passengers and cabin (x) See post, § 625. (y) See ante, § 16. (2) So amended by 26 & 27 Vict. c. 51, 8. 7. without All passenger ships to be surveyed before clearing out. 66 19. No "passenger ship" (a) shall clear out or proceed to sea unless she shall have been surveyed (b) under the direction of the emigration officer at the port of clearance, but at the expense of the owner or charterer thereof, by two or more competent surveyors to be appointed by the [Board of Trade] for each port at which there may be an emigration officer, and for other ports by the commissioners of customs, nor unless it shall be reported by such surveyors that such passenger ship" is in their opinion seaworthy, and fit for her intended voyage. The survey shall be made before any part of the cargo is taken on board, except so much as may be necessary for ballasting the ship, and such portion of cargo if laden on board shall be shifted, if required by the emigration officer or surveyors, so as to expose to view successively Penalty on every part of the frame of the ship. In case of noncompliance with noncompliance. any of the requirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding one hundred pounds nor less than five pounds sterling: Provided always, that in case any "passenger ship" shall be reported by any such surveyors not to be seaworthy, or not fit for her said intended voyage, the owner or charterer, if he shall think fit, may require, by writing under his hand, the emigration officer, or in his absence the chief officer of customs, to appoint three other competent surveyors, of whom two at least shall be shipwrights, to survey the said ship, at the expense (c) of the said owner or charterer; and the said officer shall thereupon appoint such surveyors, who shall survey the said ship, and if they shall, by an unanimous report under their hands (but not otherwise), declare the said ship to be seaworthy, and fit for her intended voyage, the said ship shall then, for the purposes of this Act, be deemed seaworthy for such voyage. Power to owners to appeal against surveyors' report of ships not being seaworthy. As to the construction of beams and decks. Arrangement and size of berths. Penalty on surveyor, &c., receiving gratuity, &c. § 607. With respect to construction, space, and accommodation, the Act proceeds: 20. In every 66 passenger ship" (d) the beams supporting the passenger decks" shall form part of the permanent structure of the ship: they shall be of adequate strength, in the judgment of the emigration officer at the port of clearance, and shall be firmly secured to the ship to his satisfaction. The "passenger decks" shall be at least one inch and a half in thickness, and shall be laid and firmly fastened upon the beams continuously from side to side of the compartment in which the passengers are berthed. The height between that part of any deck on which passengers are carried and the deck immediately above it shall not be less than six feet. In case of noncompliance with any of the requirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling. 21. There shall not be more than two tiers of berths on any one deck in any "passenger ship," (d) and the interval between the floor of the berths and the deck immediately beneath them shall not be less than six inches, nor the interval between each tier of berths and between the uppermost tier and the deck above it less than two feet six inches: the (a) Ante, § 600, n. (b) This survey is alternative with that under the Merchant Shipping Act, 1854. See 39 & 40 Vict. c. 80, s. 18; ante, § 596. (c) By 35 & 36 Vict. c. 73, s. 15, if any surveyor, or any person employed under the authority of the Passengers Act, 1855, demands or receives directly or indirectly, otherwise than by the direction of the Board of Trade, any fee, remuneration, or gratuity whatever in respect of any of the duties performed by him under this Act or the Acts amended hereby, he shall for every such offence incur a penalty not exceeding fifty pounds. (d) Ante § 600, n. berths shall be securely constructed, and of dimensions not less than six feet in length and eighteen inches in width for each statute adult, and shall be sufficient in number for the proper accommodation of all the passengers contained in the lists of passengers herein before required to be delivered by the master of the ship. No part of any berth shall be placed within nine inches of any water-closet erected in the betweendecks. In case of noncompliance with any of the requirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling. compartment. one berth. 22. In every "passenger ship" (e) all the male passengers of the age Single men to of fourteen years and upwards who shall not occupy berths with their be berthed in a wives shall, to the satisfaction of the emigration officer at the port of separate clearance, be berthed in the fore part of the ship, in a compartment divided off from the space appropriated to the other passengers by a substantial and well-secured bulkhead, without opening into, or communication with, any adjoining passenger berth, or in separate rooms if the ship be fitted with enclosed berths: not more than one passenger, As to numbers unless husband and wife, or females or children under twelve years of and sexes in age, shall be placed in or occupy the same berth. In case of noncompliance with any of the requirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling. 23. No berths in a 66 passenger ship "(e) occupied by passengers Berths not to during the voyage shall be taken down until forty-eight hours after the be removed till arrival of such ship at the port of final discharge, unless all the pas- passengers landed. sengers shall have voluntarily quitted the ship before the expiration of that time. In case of noncompliance with any of the requirements of this section, the master of such ship shall be liable for each offence to a penalty not exceeding fifty pounds nor less than five pounds sterling. Penalty. 24. In every "passenger ship "(e) there shall be a sufficient space, Space to be properly divided off to the satisfaction of the emigration officer at the allotted as a port of clearance, to be used exclusively as a hospital or hospitals for hospital. the passengers: this space shall be under the poop, or in the round house, or in any deck house which shall be properly built and secured to the satisfaction of such emigration officer, or on the upper passenger deck, and not elsewhere, and shall in no case be less than eighteen clear superficial feet for every fifty passengers which the ship shall carry. Such hospitals shall be fitted with bed-places, and supplied with proper beds, bedding, and utensils, to the satisfaction of the emigration officer at the port of clearance, and throughout the voyage kept so fitted and supplied. In case of noncompliance with any of the requirements of Penalty. this section, the owner, charterer, or master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling. 25. No "passenger ship "(e) shall clear out or proceed to sea unless Regulation as fitted, to the satisfaction of the emigration officer at the port of clearance, to construction with at least two privies, and with two additional privies on deck for of privies. every one hundred passengers on board, and in ships carrying as many as fifty female passengers, with at least two water-closets under the poop, or elsewhere on the upper deck, to the satisfaction of such emigration officer, for the exclusive use of the women and young children; all of which privies and water-closets shall be firmly constructed and maintained in a serviceable and cleanly condition throughout the voyage, (e) Ante § 600, n. |