Penalty for forgery of certifi cate or declaration. 1854, s. 320. Penalty ing pas up in some conspicuous place on board the steamer, so as to be legible (s) to all persons on board, and to be kept so put up and legible while the certificate remains in force (t), and the steamer is in use. (2.) If the owner (u) or master (x) fails (y) without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding ten pounds (2). (3.) If a passenger steamer (a) plies (b) or goes to sea with passengers (a) on board, and this section is not complied with, then for each offence the owner (u) thereof shall be liable to a fine not exceeding one hundred pounds (2), and the master (x) shall also be liable to a further fine not exceeding twenty pounds (z). 282. If any person (a.) knowingly and wilfully makes, or assists in making, or that person shall in respect of each offence be guilty of a 283. The owner (e) or master (r) of any passenger for carry steamer (a) shall not receive on board thereof, or on or sengers in in any part thereof, any number of passengers (a) which, having regard to the time, occasion, and circumstances of the case, is greater than the number allowed by the excess. 1854, s. 319. (8) The old section had "visible." (t) § 278. (u) Note to § 58. (x) Defined, § 742. (y) Includes refusal; § 742. (2) Procedure, §§ 680-684; fine s. 1. (a) Defined, § 267. (b) See Southport v. Morriss (1893), 1 Q. B. 359, and Hedges v. Hooker, (1889) 6 Asp. M. C. 386; also notes to §§ 267, 271. (c) § 272. (d) § 274. (e) § 58 and notes. passenger steamer's certificate (h), and if he does so, he shall for each offence be liable to a fine not exceeding twenty pounds, and also to an additional fine not exceeding five shillings for every passenger (i) above the number so allowed, or if the fare of any passenger (i) on board exceeds five shillings, not exceeding double the amount of the fares of all the passengers (i) above the number so allowed, reckoned at the highest rate of fare payable by any passenger (i) on board (k). certifi steamers. Vict. c. 80, 284. Where the legislature (1) of any British possession (m) Colonial provides for the survey of, and grants of certificates for, cates for passenger steamers (i), and the Board of Trade report to Her passenger Majesty the Queen that they are satisfied that the certificates 39 & 40 are to the like effect, and are granted after a like survey, and in such manner as to be equally efficient with the certificates granted for the same purpose in the United Kingdom under this Act (h), Her Majesty in Council (n) may (1.) declare that the certificates granted in the said (2.) declare that all or any of the provisions of this Part General Equipment of Passenger Steamers (i). s. 17. 285.-(1.) A sea-going (p) passenger steamer (i) shall have Equip ment of passenger her compasses properly adjusted from time to time, to the steamers satisfaction of the shipwright surveyor (2) and according to such regulations as may be issued by the Board of Trade. with compasses, hose, deck shelters, (2.) A sea-going(r) passenger steamer(s) shall be provided and safety with a hose capable of being connected with the engines of applithe steamer, and adapted for extinguishing fire in any part of the steamer. ances. 1851, 8. 301. Prohibition of (3.) A home-trade (t) passenger steamer (s) shall be provided with such shelter for the protection of deck passengers (if any) as the Board of Trade, having regard to the nature of the passage, the number of deck passengers to be carried, the season of the year, the safety of the ship, and the circumstances of the case, require. (4.) A passenger steamer (s) shall be provided with a safety valve on each boiler, so constructed as to be out of the control of the engineer when the steam is up, and, if the safety valve is in addition to the ordinary valve, so constructed as to have an area not less, and a pressure not greater, than the area of and pressure on the ordinary valve (u). (5.) If a passenger steamer (s) plies or goes to sea from a port (t) in the United Kingdom without being equipped as required by this section, then, for each matter in which default is made, the owner (x) (if in fault (y)) shall be liable to a fine not exceeding one hundred pounds, and the master (†) (if in fault) shall be liable to a fine not exceeding fifty pounds (z). 286. A person shall not increase the weight on the safety increasing valve of a passenger steamer (s) beyond the limits fixed by weight on the surveyor (a), and, if he does so, he shall, in addition. safetyvalve. to any other liability he may incur by so doing, be liable for each offence to a fine not exceeding one hundred pounds (z). 1854, s. 302. (q) §§ 272, 724. (r) See note (p), p. 223. (u) Cf. §§ 286, 433. (x) § 58 and notes. (y) Quære, whether these words exclude the ultimate responsibility of the owner for the master under § 359. (z) See note (z), p. 222. Keeping Order in Passenger Steamers (b). connexion steamers. 287 (c).—(1.) If any of the following offences is committed Offences in in the case of a passenger steamer (b) for which there is a with passenger steamer's certificate in force (d); that is to say, passenger (a.) If any person being drunk or disorderly has been 1854, s. on that account refused admission thereto by the 324. owner (e) or any person in his employment, and, after 35-37. having the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer: (b.) If any person being drunk or disorderly on board the steamer is requested by the owner (e) or any person in his employ to leave the steamer at any place in the United Kingdom, at which he can conveniently do so, and, after having the amount of his fare (if he has paid it) returned or tendered to him, does not comply with the request: (c.) If any person on board the steamer, after warning by the master (f) or other officer thereof, molests or continues to molest any passenger (b): (d.) If any person, after having been refused admission to the steamer by the owner (e) or any person in his employ on account of the steamer being full, and (b) Defined, § 267. (c) Besides these provisions, the master would appear to have a general power of preventing breaches of the peace by putting reasonable restraint on any drunken or violent passenger whose conduct tended to cause such a breach, even though he knew his name and address, and so could not detain him under § 287, s. 3. There is an implied condition in the passenger's contract, that he will submit to do what is necessary for the security of the vessel if ordered by the captain; e.g. to fight with weapons he understands (Boyce v. Bayliffe (1807), 1 Camp. 58); to work at the pumps or ropes; The Vrede (1861), Lush. 322; The Branston (1826), 2 Hagg. Ad. 3 n., where salvage was refused to passengers thus assisting, on the ground that S.M.S.A. they did only their duty; but not (d) § 278. (e) Note to § 58. 1862, 88. having had the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer: (e.) If any person having gone on board the steamer at any place, and being requested, on account of the steamer being full, by the owner (g) or any person in his employ to leave the steamer, before it has quitted that place, and having had the amount of his fare (if he has paid it) returned or tendered to him, does not comply with that request: (.) If any person travels or attempts to travel in the steamer without first paying his fare, and with intent to avoid payment thereof: (.) If any person, having paid his fare for a certain distance, knowingly and wilfully proceeds in the steamer beyond that distance without first paying the additional fare for the additional distance, and with intent to avoid payment thereof: (h.) If any person on arriving in the steamer at a point to which he has paid his fare knowingly and wilfully refuses or neglects to quit the steamer and (i.) If any person on board the steamer fails, when requested by the master (1) or other officer thereof, either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare for the steamer: the person so offending shall for each offence be liable to a fine not exceeding forty shillings (i), but that liability shall not prejudice the recovery of any fare payable by him. (2.) If any person on board any such steamer () wilfully does or causes to be done anything in such a manner as to obstruct or injure any part of the machinery or tackle of the steamer, or to obstruct, impede, or molest the crew, or any of them, in the navigation or management of the steamer, or otherwise in the execution of their duty on or (g) Note to § 58. (h) Defined, § 742. (i) Procedure, §§ 680-681; fine how applicable, §§ 699, 716. § 356 does not apply to passenger steamers only. (k) § 287, s. 1, preamble. |