ANNO VICESIMO SEXTO & VICESIMO SEPTIMO VICTORIÆ REGINE. CAP. LI. An Act to amend the Passengers Act, 1855. [13th July, 1863.] W HEREAS it is expedient to amend "The Passengers 18 & 19 Vict. Act, 1855," in the Particulars herein-after mentioned: c. 119. Be it therefore enacted by the Queen'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 the Authority of the same, as follows : 1. This Act may be cited for all Purposes as "The Pas- Short Title. sengers Act Amendment, Act, 1863." 2. This Act shall come into operation on the First Day of CommenceOctober One thousand eight hundred and sixty-three. ment of Act. pealed, and 3. The Definition in the Third Section of "The Passengers Definition of Act, 1855," of the Term "Passenger Ship," is hereby repealed, Passenger Ship" in Secand for the Purposes of the said Act and of this Act the Term tion 3, of re"Passenger Ship" shall signify every Description of Sea-going cited Act reVessel, whether British or Foreign, carrying, upon any Voyage other Provito which the Provisions of the said "Passengers Act, 1855," sions made. shall extend, more than Fifty Passengers, or a greater Number of Passengers than in the Proportion of One Statute Adult, to every Thirty-three Tons of the registered Tonnage of such Ships, if propelled by Sails, or than One Statute Adult to every Twenty Tons, if propelled by Steam. than Cabin 4. So much of the Fourth Section of the said "Passengers Mail Steamers Act, 1855," as exempts from the Operation of the Act any carrying other Steam Vessel carrying Mails under Contract with the Govern- Passengers to ment of the State or Colony to which such Vessel may belong, be subject to is hereby repealed, and every Steam Vessel, whether British, Foreign, or Colonial, which shall carry Passengers other than Cabin Passengers in sufficient Number to bring such Vessel the Act. Repeal of Tonnage Check on Number of Passengers to be carried in a Passenger Ship. Cabin Passengers to be included in Passenger Lists. Limit of 5 to 201. Horses and Cattle may be carried in Passenger Ships, under Conditions herein named. Passengers Act Amendment. within the Definition of a Passenger Ship, as set forth in the Third Section of this Act, shall be subject to the Provisions of the said Act and of this Act in like Manner as any Passenger Ship not carrying a Mail. 5. The First Rule of the Fourteenth Section of the said "Passengers Act, 1855," which limits the Number of Persons to be carried in a Passenger Ship by her registered Tonnage, together with so much of the concluding Portion of the same Section as relates to such Rule, is hereby repealed, except so far as relates to any Penalty incurred or legal Proceedings taken thereunder. 6. In the Passenger Lists required by the Sixteenth and Seventeenth Sections of "The Passengers Act, 1855," to be delivered by the Master of every Ship before demanding a Clearance, there shall be set forth, in addition to the other Particulars required by "The Passengers Act, 1855," the Names of all Cabin Passengers on board such Ships, specifying whether they respectfully are under or over Twelve Years of Age, and at what Place the Passengers and Cabin Passengers respectively are to be landed, and the Schedule B. to the said Act shall be altered accordingly. 7. The Limit of the Penalty imposed by the Eighteenth Section of the said "Passengers Act, 1855," on Persons convicted of getting on board any Passenger Ship with Intent to obtain a Passage therein without the Consent of the Owner, Charterer, or Master thereof, and on Persons aiding or abetting in such fraudulent Attempt, shall be extended from Five Pounds to Twenty Pounds. 8. Notwithstanding the Prohibition contained in the Twentyninth Section of the said "Passengers Act, 1855," Horses and Cattle may be carried as Cargo in Passenger Ships, subject to the following Conditions: (1.) That the Animals be not carried on any Deck below the Deck on which Passengers are berthed, nor in any Compartment in which Passengers are berthed, nor in any adjoining Compartment, except in a Ship built of Iron, and of which the Compartments are divided off by Water-tight Bulkheads extending to the upper Deck: (2.) That clear Space on the Spar or Weather Deck be left for the Use and Exercise of the Passengers, at the Rate of at least Ten Superficial Feet for each Statute Adult : Passengers Act Amendment. (3.) That no greater Number of Passengers be carried than in the Proportion of Fifteen to every One hundred Tons of the Ships registered Tonnage : (4.) That in Passenger Ships of less than Five hundred Tons registered Tonnage not more than Two Head of large Cattle be carried, nor in Passengers Ships of larger Tonnage more than One additional Head of such Cattle for every additional Two hundred Tons of the Ships registered Tonnage, nor more in all in any Passenger Ship than Ten Head of such Cattle: The Definition of the Term "large Cattle" shall include both Sexes of Terin❝ large horned Cattle, Deer, Horses, and Asses; Four Sheep of either Sex, or Four Female Goats, shall be equivalent to, and may, subject to the same Conditions, be carried in lieu of One Head of large Cattle : (5.) That proper Arrangements be made, to the Satisfaction of the Emigration Officer at the Port of Clearance, for the Housing, Maintenance, and Cleanliness of the Animals, and for the Stowage of their Fodder : Cattle." (6.) Not more than Six Dogs, and no Pigs or Male Goats, Dogs and Pigs. shall be conveyed as Cargo in any Passenger Ship: For any Breach of this Prohibition, or of any of the above Conditions, the Owner, Charterer, and Master of the Ship, or any of them, shall be liable for each Offence to a Penalty not exceeding Three hundred Pounds nor less than Five Pounds. 9. The Requirements of the Thirty-fifth Section of the said Issue o Lime "Passengers Act, 1855," that Six Ounces of Lime Juice should Juice. be issued weekly to each Statute Adult on Voyages exceeding Eighty-four Days in Duration for Sailing Vessels, or Fifty Days for Steamers, shall be confined to the Period when the Ship shall be within the Tropics; during the other Portions of the Voyage the Issue of Lime Juice shall be at the Discretion of the Medical Practitioner on board; or, if there be no such Practitioner on board, at the Discretion of the Master of the Ship. other Bread Stuffs. 10. In addition to the Substitutions in the Dietary Scales Substitution of specified in the Thirty-fifth Section of the said "Passengers soft Bread for Act, 1855," soft Bread baked on board may be issued, at the Option of the Master of any Passenger Ship, in lieu of the following Articles, and in the following Proportions; (that is to say,) One Pound and a Quarter of a Pound of such soft Bread may be issued in lieu of One Pound of Flour, or of One Pound of Biscuit, or of One Pound and a Quarter of a Pound of Oatmeal, or of One Pound of Rice, or of One Pound of Peas. Sect. 46 of re cited Act to apply to Cabin made recovera Passengers Act Amendment. the 11. The Forty-sixth Section of the said "Passengers Act, 1855," ," shall be applicable to Cabin as well as to other PasPassengers, and sengers landed on account of Sickness; and the Passage Passage Money Money of all Cabin or other Passengers so landed may be ble immediately recovered in the Manner pointed out in the said Act, upon on relanding. Delivery up of their Contract Tickets, and notwithstanding that the Ship may not have sailed: Provided always, that in the Case of Cabin Passengers so landed One Half only of their Passage Money shall be recoverable. Sections 12, 51, 53 and 54 of recited Act repealed, and other Provi sions substituted. Forfeiture of proceeds to Sea without Certificate of Clearance, &c. 12. The Twelfth, Fifty-first, Fifty-third, and Fifty-fourth Sections of the said "Passengers Act, 1855," shall be and the same are hereby repealed, except as to the Recovery and Application of any Penalty for any Offence committed against the said Act, and except so far as may be necessary for supporting or continuing any Proceeding heretofore taken or hereafter to be taken thereunder; and in lieu of the Enactments contained in such Sections the Enactments in the Four next following Sections shall respectively be substituted; (that is to say,) 13. If any Passenger Ship shall clear out or proceed to Sea Ship if Master without the Master having first obtained such Certificate of Clearance, or without 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 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 be dealt with as the same Manner as if she had been seized as forfeited for an Customs Laws. Offence incurring Forfeiture under any of the Laws relating to Power to Se- the Customs: Provided that it shall be lawful for One of Her cretary of State Majesty's Principal Secretaries of State to release, if he shall on Payment of 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 such Secretary of State may by any Writing under his Hand specify. Such Ship to it seized under a Sum of Money. In case of 14. If any Passenger Ship shall be wrecked, or otherwise rendered unfit to proceed on her intended Voyage, while in any Port of the United Kingdom, or after the Commencement Kingdom, Pas- of the Voyage, and if the Passengers, or any of them, shall be Damage in or near United brought |