Section. Emigration Officers. 355. Emigration officers and assistants (p. 268). Legal Proceedings. 356. Recovery of fines (p. 269). 357. Recovery of passage and subsistence money, compensation, and damages (p. 269). 358. Protection of persons executing Act (p. 270). Supplemental. 359. Owner responsible for default in absence of agreement (p. 270). 360. Forms and fees (p. 270). 361. Posting of abstracts of Part III. in emigrant ships (p. 271). 362. Byelaws by harbour authority (p. 271). 363. Exemption from survey of foreign passenger steamer or emigrant ship in certain cases (p. 272). Application of Part III. as regards Emigrant Ships. 364. Application to certain voyages (p. 273). 365. Limited Application of Part III. of Act to colonial voyages (p. 273). 366. Modification of provisions of Part III. in their application to British Possessions (p. 274). 367. Power of governors of colonies as to numbers of steerage passengers (p. 275). 368. Power for legislature of India to apply Part III. (p. 276). Int. Act, 1889 = Interpretation Act, 1889 (52 & 53 Vict. c. 63); see Appendix. PART III. PASSENGER AND EMIGRANT SHIPS. Definition of Passenger Steamer and Passenger. Definition 267. For the purposes of this Part of this ActThe expression "passenger" shall include any person of "pascarried in a ship (a) other than the master (a) and crew (b), and " and the owner, his family and servants (c); and senger" pas senger steamer." The expression "passenger steamer" shall mean every 1854, 88. British (d) steamship (e) carrying passengers to, from, or 291, 303. between any places in the United Kingdom, except steam ferry boats working in chains (commonly called steam (a) Defined, § 742. (b) See note to § 113. (c) This definition is not construed strictly; thus the following have been held not to be " passengers: Relatives of the captain, on board without the knowledge of, and under no contract with, the owners:-The Lion (1869), L. R. 2 P. C. at p. 530, in which case the court considered the payment of a fare one of the essentials: A person who had a free passage, working his way, but messed at the A school choir taken for a free trip (d) See note to § 1. "Emigrant bridges) and every foreign steamship carrying passengers between places in the United Kingdom. Definition of Emigrant Ship (ƒ), &c. 268. For the purposes of this Part of this Act, unless ship," &c., the context otherwise requires to which Part applies. 1855, s. 3. 1863, ss. 3, 4. (1.) The expression "emigrant ship" shall mean every sea-going (g) ship (h), whether British (i) or foreign, and whether or not conveying mails, carrying, upon any voyage to which the provisions of this Part of this Act respecting emigrant ships apply (k), more than fifty steerage passengers (1) or a greater number of steerage passengers than in the proportion, (a.) if the ship is a sailing ship, of one statute adult (m) to thirty-three tons of the ship's registered tonnage; and (b.) if the ship is a steam ship, of one statute adult (m) to every twenty tons of the ship's registered tonnage; and includes a ship (h) which, having proceeded from a port (h) outside the British Islands (n), takes on board at any port (h) in the British Islands (n) such number of steerage passengers (1), whether British subjects or aliens resident in the British Islands, as would, either with or without the steerage passengers (1) which she already has on board, constitute her an emigrant ship; (2.) The expression" statute adult" shall mean a person of the age of twelve years or upwards, and two persons between the ages of one and twelve years shall be treated as one statute adult ; (3.) The expression "steerage passenger" (o) shall mean all passengers (p) except cabin passengers, (f) This word is substituted for passenger ship" in the old Acts. (g) i.e. ship which goes to sea. Salt (m) § 268, s. 2. (n) Int. Act, 1889, § 18, s. 1. (o) The phrase, steerage passenger," is substituted for passenger," the term used in the Acts reproduced. (p) § 267. and persons shall not be deemed cabin passengers unless (a.) the space allotted to their exclusive use is in the proportion of at least thirty-six clear superficial feet to each statute adult (q); and (b.) they are messed throughout the voyage at the same table with the master (r) or first officer of the ship; and (c.) the fare contracted to be paid by them is in the proportion for every week of the length of the voyage (as determined under this Part of this Act for sailing vessels (s)) of thirty shillings (t), if the voyage of the ship is from the British Islands (u) to a port south of the equator, and twenty shillings (t), if the voyage of the ship is from the British Islands (u) to a port north of the equator; and (d.) they have been furnished with a duly signed contract ticket in the form prescribed by the Board of Trade for cabin passengers (r); (4.) The expression "steerage passage" shall include passages of all passengers except cabin passengers (y); (5.) The expression "upper passenger deck " shall mean and include the deck immediately beneath the upper deck, or the poop or round house and deck house when the number of passengers (2), whether cabin or steerage passengers (y), carried in the poop, round house, or deck house, exceeds one third of the total number of steerage passengers (y) which the ship can lawfully carry on the deck next below; (6.) The expression, "lower passenger deck," shall mean (1) § 268, s. 2. (r) Defined, § 742. (8) § 269. (t) i.e. at least that amount. (u) Int. Act, 1889, § 18, s. 1. (c) § 320; but only cabin passengers on emigrant ships need have such a ticket (see note to § 320); consequently, persons fulfilling the first three conditions on a ship having, without them, less than the number of steerage passengers requisite to make her an emigrant ship, need not have a contract ticket, and yet will not be treated as steerage passengers. Ellis v. Pearce (1858), 27 L. J. M. C. 257. (y) Sub.-8. 3. Scale for ing length 1855, 88. 30, 37. and include the deck next beneath the upper passenger deck not being an orlop deck. 269. For the purpose of this Part of this Act the length determin- of the voyage of an emigrant ship (a) from the British of voyages. Islands (b) to any port (c) elsewhere shall be determined by such of the scales fixed by the Board of Trade as is applicable thereto, and the Board of Trade may fix the scales by notice published in the London Gazette (d), and may fix such different lengths of voyage as they think reasonable for different descriptions of ships (c). Definition of colonial voyage. 1855, s. 95. Annual survey of passenger steamers. 1854, s. 318. 1862, s. 34. 35 & 36 Vict. c. 73, s. 8. 39 & 40 Vict. c. 80, 270. For the purposes of this Part of this Act a colonial voyage means a voyage from any port (c) in a British possession (e), other than British India (f) and Hong Kong, to any port (c) whatever, where the distance between such ports (c) exceeds four hundred miles, or the duration of the voyage, as determined under this Part of this Act (g), exceeds three days. 2. PASSENGER STEAMERS (h). Survey of Passenger Steamers (h). 271. (1.) Every passenger steamer (i) which carries more than twelve passengers (h) shall— (a.) be surveyed once at least in each year in the manner provided in this Part of this Act (k); and (b.) shall not ply or proceed to sea (1) or on any voyage or excursion with any passengers (h) on board, unless the owner (m) or master (c) has the certificate from the Board of Trade as to survey under this Part of this Act (n), the same being in force, and applicable to the (a) § 268, s. 1. (b) Int. Act, 1889, § 18, s. 1. (c) Defined, § 742. (d) § 740; for the scales at present in force, see Appendix. (e) Int. Act, 1889, § 18, s. 2. (f) lbid. § 18, s. 4. (g) § 269. (h) § 267. (1) Cf. § 743. (k) § 272, et seq. (1) A steamer carrying a choir for a gratuitous excursion (Hedges v. Hooker (1889), 6 Asp. M. C. 386), and a small electric launch running on an artificial lake (Southport v. Morriss (1893), 1 Q. B. 359), have been held not to be plying with passengers. (m) See note to § 58. (n) § 274. |