« EdellinenJatka »
repealed by 6 Geo. IV. c. 105.) provision is made for registering ship and vessels in territories, countries, islands, and places under the goveritment of the East India company; be it further enacted, that all ships and vessels so registered shall have all the rights and privileges of trade which ships and vessels registered in any other possession of his Majesty have by virtue of the said act or of any other law in that behalf,—and shall be subject to such and the like regulations and provisions as such ships and vessels registered in other possessions of his Majesty are subject to, and to none other, save as hereinafter provided with respect to the crews of such ships and vessels. $ 19.
Lascars and natives of India not to be British mariners. Provided always, that no Asiatic sailors, lascars, or natives of any of the territories
, countries, islands, or places within the limits of the charter of the East India company, (although born in territories, countries, islands, or places under the government of his Majesty or of the East India company,) shall at any time be deemed or taken to be British sailors, sezmen, or mariners within the intent and meaning of the 34 Geo. III.c. 68. intituled “ An Act for the further Encouragement of British Mariners
, and for other purposes therein mentioned,” [since repealed by 6 Geo
. IV. c. 105.] or of any other act of parliament relating to the navigation of British ships by subjects of his Majesty, for the purpose of entitling any ship or vessel to be deemed to be a British ship navigated according to law, and to have the privileges and advantages of British ships having the master and three-fourths of the mariners British subjects ; - Provided also, that it shall be lawful for his Majesty, by his royal proclamation, upon or after the commencement of any hostilities, to permit all merchant ships or any other trading vessels, and all privateers
, to be manned wholly, or in any such proportions as shall be specified in any such proclamation, with such Asiatic sailors, lascars, or vatives aforesaid, for and during such periods as shall be specified in any
such proclamation as aforesaid. $ 20.
Proportion of British seamen to the tonnage of the ship.-And whereas Lascars and other natives of the east are not deemed to be equal in strength and use to European or other seamen, and the requiring the proportion of three-fourths of Britisha seamen in ships having as part of the crew Lascars and natives of the east, would compel such ships to carry a larger number of British seamen than other ships
, or to employ a smaller number of Lascars and natives of the east than would be sufficient to make a proper crew; be it therefore enacted, that any ship or vessel duly registered, manned in part with Lascars or natives of India, which shall be commanded by a British master, and navigated by four
British seamen, as part of the crew, for every hundred tons of her registered burthen, and so in proportion for any part of a hundred tons, shall be deemed, construed, and taken to be navigated according to law as to the crew of any such ship or vessel,
although the number of such British seamen shall not be equal to the proportion of threefourths of the whole crew of such ship or vessel. § 21.
Where in India a sufficient number of British seamen cannot be obtained.–And whereas it may not always be possible to procure the due proportion of British seamen at ports in India, for vessels sailing from India ; be it therefore enacted, that it shall be lawful for any the governments of the East India company in India, or for any governor or lieutenant-governor of any colony, territory, or island belonging to his Majesty within the limits of the said charter, and they and he are hereby required, on application made by the owner or commander of
any ship, and after having ascertained by due inquiry that a sufficient number of British seamen cannot be procured for the crew of any ship sailing from India, within ten days from such application, lo certify the same, and license such ship to sail and carry on her voyage with a less proportion of British seamen than required by law ;-and every such ship having on board such licence, and the proportion of British seamen therein specified, shall be deemed to be navigated according to law, notwithstanding such deficiency of British seamen. § 22.
Act not to require British seamen on board vessels employed in trade between port and port.- Provided always, and be it further enacted, that nothing in this act or in any other act or acts of parliament contained shall extend or be construed to extend to require any number of British seamen to be on board as part of the crew or mariners of any ship or vessel employed in trade only between ports and places within the limits of the charter of the said company, including the Cape of Good Hope. $23.
Governor of Fort W'illiam to make rules, &c. with respect to masters, de. of vessels trading under this act.--It shall and may be lawful to and for the governor general of Fort William in Bengal, in council, and he is hereby required, as soon as may be, to make, ordain, and publish, and from time to time as occasion may require to repeal and alter, and newly to make, ordain, and publish such rules and regulations to be observed by masters, officers, and owners of ships and vessels trading under the authority of this act,—the crews of which ships or vessels shall be wholly or in part composed of Asiatic sailors, Lascars, or natives of any of the territories, countries, islands, or places within the limits of the charter of the said united company, for the due supply of provisions, clothing, and other necessary accommodation of such Asiatic sailors, Lascars, and natives aforesaid, whilst they shall be on board such ships or vessels,—and whilst absent from the countries or places to which they shall respectively belong, -and until they shall be carried back to the places to which they may belong or from whence they may have been brought,—and for the conveyance back of such Asiatic sailors, Lascars, or natives as aforesaid, within a reasonable ime to be fixed by such rules or regulations. $ 25.
Such rules and regulations to be observed in like manner as if part of this act. -All such rules and regulations, until they shall be repealed ur allered, shall be observed and performed according to the true intent and meaning thereof, in like manner as if they had been herein inserted and had formed part of this act ;-and a copy of all and every such rules and regulations, signed and authenticated as such by the secretary for the tiine being of the government of Bengal, or by the secretary for the time being of the said united company, shall be deemed and received and taken in and by all courts, justices, and other persons, as full, sufficient, and conclusive evidence of such rules and regulations. $ 26.
List of Lascars, &c. on board to be made out before ship shall be admitted to entry.—The master or other person having the command of every ship or vessel trading under the authority of this act, which from and after the passing of this act shall arrive at any port in the United Kingdom of Great Britain or Ireland, and which shall have on board, or which during any part of her voyage shall have had on board, either as part of her crew, or in any other character or for any other reason, any Asiatic sailor, Lascar, or native of any of the territories, countries, islands, or places within the limits of the charter of the said united company, before such ship or vessel shall be admitted to entry shall make out and exhibit to the principal officers of the customs, or other person thereunto lawfully authorized, a true and perfect list and description of every such Asiatic sailor, Lascar, or native aforesaid, which shall then be or who during any part of her voyage shall have been on board such ship or vessel, with a true account and statement what shall have become of every such Asiatic sailor, Lascar, and native aforesaid who may have been and shall not then be on board. $ 27.
Penalty for breach of regulations relative to Lascars, 8c.--For every breach or nonobservance of any rule or regulation to be made, in pur suance of this act, in relation to Asiatic sailors, Lascars, or natives aforesaid, which shall have happened or taken place, and for every omissicu to make out and exhibit such list, description, account
, or statement of and respecting all such Asiatic sailors, Lascars, or natives aforesaid, as herein is required, the master or commander and all and every the owners and owner of the ship or vessel on board which any such Asiatie sailor, Lascar, or native aforesaid shall be or shall have been, shall forfeit the sum of ten pounds for every Asiatic sailor, Lascar, or native aforesaid in respect of whom such breach, nonobservance, omission, of defect shall have happened or taken place, to be recovered against the master, commander, and owners jointly or severally, by bill, plaint
, information, or action in any of his Majesty's courts of record in the United Kingdom of Great Britain and Ireland, or in the East Indies or elsewhere, to be commenced in the county or presidency or place where any such offender may happen to be, or by conviction in a summary way before two justices of the peace in the United Kingdom or in the East Indies, of the county or presidency where any such offender may happen to be ;-and of which sum and sums so to be forfeited, one-third part thereof shall go, belong, and be paid to the person or persons who shall inform or sue for the same, and the other iwo-third parts thereof shall be paid to such person or persons as the court for justices before whom the same shall be recovered shall award, to be applied in payment or reimbursement of any expence
hare been incurred by or for the use of the Asiatic sailor, Lascar, aforesaid, or the respective Asiatic sailors, Lascars, in respect of whom such forfeiture or forfeitures shall have been recovered, or in such other manner, for his or their maintenance, return home, or benefit, as the court or justices before whom the same shall be recovered shall direct, $28.
Form of conviction. $29.
Recovery of penalties.-All sums of money of which any person shall be so convicted as aforesaid shall and may be levied by distress and sale of the goods and chattels of the offender; and that for want of sufficient distress every such offender may be commiited to prison in the common gaol or house of correction for the space of three calendar months. $ 30.
Lascars, &c. convicted of vagrancy to be shipped on board of vessels bound to the
place from whence brought.-And whereas it may bappen that Asiatic sailors, Lascars, and natives aforesaid may refuse to accept the maintenance to be provided for them under the rules and regulations before referred to, or to return home in the ships or vessels which may be engaged for that purpose; be it therefore enacted, that if any such Asiatic sailor, Lascar, or native aforesaid shall at any time be convicted Kingdom respecting vagrants, it shall and may be lawful to and for the of an act of vagrancy under any of the laws in force in the United
or native or natives aforesaid,
justice or justices or magistrates before whom such conviction shall take place to order and direct that he shall be shipped on board any ship or vessel bound to the place, or as near as may be to the place, to which he shall belong or from which he shall have been brought, and the cominander of which shall be willing to take charge of him in order to his being returned thereto, at the expence of the person or persons liable under any rule or regulation to be made as before mentioned, or of any other person being otherwise willing to defray the same; and it shall and may be lawful for the commander of any such ship or vessel having taken charge of such vagrant, and he is hereby required, to keep and detain him on board his ship for the voyage for which he shall be shipped. $ 31.
Actions to be commenced within three months, &c. $ 33.
Company to supply all necessaries for distressed Lascars, 8c. brought to this country, and may recover erpence from owners.-If any Asiatic sailor, Lascar, or native of any of the territories, countries, islands, or places within the limits of the charter of the said united company, having been brought to the United Kingdom on board any ship or vessel, not being a ship of war in the service of his Majesty, shall from and after the passing of this act be found within the United Kingdom in distress for want of food, clothing, or other necessaries, it shall be lawful for the said united company to supply necessary and reasonable relief to such persons, and to maintain them until they shall be sent on board some ship bound for some place within the limits aforesaid, and also to pay, defray, and advance the money necessary to procure such persons proper and sufficient passage to their homes or places from which they were brought; and all such sums as the said
pay on account of such relief or maintenance, or passage home, shall constitute and become a joint and several debt due to the said company from the commander, owner or owners of such ship on board whereof such person or persons shall have been brought into the said United Kingdom, and shall be recoverable as so much money paid to and for the use of such owner or owners in any of the courts of the said United Kingdom, or in the East Indies if the owner shall reside there, in which actions or suits for the recovery of debts may be sued or prosecuted; and in all such actions and suits where the said company shall recover, they shall be entitled to receive full costs of suit. $ 34.
The 5 Geo. IV. c. 88. for allowing the East India company to trade directly between China and the West Indies, was repealed by 6 Geo. IV. c. 105;—and for the Regulations in that respect now in force, see the 6 Geo. IV. c. 114.*
By 5 Geo. IV. c. 108. the island of Singapore is transferred to the East India company.
7 Geo. IV. c. 48. An Act to alter and amend the several Laws relating to the Customs.
Lascars and foreigners navigating East India ships.—And whereas by the 4 Geo. IV. c. 80. $ 21 and 22. particular provision is made with respect to the number and country of the seamen by whom British ships engaged in the East India trade may in certain cases be navigated; be it therefore enacted, that any British ship navigated in
* Bkitisu PosseSSIONS, page 617.
the manner permitted by the said act in any of the cases therein mentioned, shall be deemed to be duly navigated as British ships; any thing in the before-mentioned act for the encouragement of British shipping and navigation to the contrary notwithstanding. $ 22.
7 and 8 Geo. IV. c. 56. An Act to amend the Laws relating to the Customs. Cape of Good Hope to be within the limits of the charter.-In all trade with the British possessions in America, the Cape of Good Hope, and the territories and dependencies thereof, shall be deemed to be within the limits of the East India company's charter. § 26.
Nothing contained in 7 Geo. IV. c. 48. did, does, or shall extend to repeal, or in any way alter or affect, an act passed in the 37 Geo. III. intituled “ An Act for regulating the Trade to be carried on with the British Possessions in India by Ships of Nations in amity with his Majesty," nor to revoke, alter, or affect any regulations formed under the authority of that act, which were in force at the time of the commencement of 7 Geo. IV. c. 48. § 39.
The Order in Council regulating the trade of the Cape of Good Mope, dated 22 Feb. 1832, will be found at page 666.