Passengers Act Amendment. a Passage by maintained in brought back to the United Kingdom, or if any Passenger Ship sengers to he shall put into any Port or Place in the United Kingdom in a provided with damaged State, the Master, Charterer, or Owner shall, within some other Forty-eight Hours thereafter, give to the nearest Emigration Vessel, and Officer, or in the Absence of such Officer to the Chief Officer the meantime. of Customs, a written Undertaking to the following Effect; that is to say, if the Ship shall have been wrecked, or rendered unfit as aforesaid to proceed on her Voyage, that the Owner, Charterer, or Master thereof shall embark and convey the Passengers in some other eligible Ship, to sail within Six Weeks from the Date thereof, to the Port or Place for which their Passages respectively had been previously taken; and if the Ship shall have put into Port in a damaged State, then that she shall be made seaworthy, and fit in all respects for her intended Voyage, and shall, within Six Weeks from the Date of such Undertaking, sail again with her Passengers; in either of the above Cases the Owner, Charterer, or Master shall, until the Passengers proceed on their Voyage, either lodge and maintain them on board in the same Manner as if they were at Sea, or pay to them Subsistence Money after the Rate of One Shilling and Sixpence a Day, for each Statute Adult, unless the Passengers shall be maintained in any Hulk or Establishment under the Superintendence of the Emigration Commissioners mentioned in the said Passengers Act, 1855, in which Case the Subsistence Money shall be paid to the Emigration Officer at such Port or Place. If the substituted Ship or damaged Ship, as the Case may be, shall not sail within the Time prescribed as aforesaid, or if Default shall be made in any of the Requirements of this Section, such Passengers respectively, or any Emigration Officer on their Behalf, shall be entitled to recover, by summary Process, as in the said Passengers Act, 1855, is mentioned, all Monies which shall have been paid by or on account of such Passengers or any of them for such Passage, from the Party to whom or on whose Account the same may have been paid, or from the Owner, Charterer, or Master of such Ship, or any of them, at the Option of such Passenger or Emigration Officer: Provided that Power to the said Emigration Officer may, if shall he think it necessary, remove Pasdirect that the Passengers shall be removed from such damaged damaged Ship; "Passenger Ship," at the Expense of the Master thereof; and Penalty on if after such Direction any Passenger shall refuse to leave such Passengers Ship, he shall be liable to a Penalty not exceeding Forty Shillings, or to Imprisonment not exceeding One Calendar Month. sengers from refusing. send on Passengers if the 15. If any Passenger or Cabin Passenger of any Passenger Governors or Ship shall, without any Neglect or Default of his own, find Consuls may himself within any Colonial or Foreign Port or Place other than that for which the Ship was originally bound, or at which Master of the be or the Emigration Commissioners, or any public Officer or Ship fail to do other Person on his Behalf, may have contracted that he should he 20. land, Expenses incurred under the Two preceding Sections to be a Debt due to the Crown. Passengers Act Amendment. land, it shall be lawful for the Governor of such Colony, or for any Person authorized by him for the Purpose, or for Her Majesty's Consular Officer at such Foreign Port or Place, as the Case may be, to forward such Passenger to his intended Destination, unless the Master of such Ship shall, within Fortyeight Hours of the Arrival of such Passenger, give to the Governor or Consular Officer, as the Case may be, a written Undertaking to forward or carry on, within Six Weeks thereafter, such Passenger or Cabin Passenger to his original Destination, and unless such Master shall accordingly forward or carry him on within that Period. 16. All expenses incurred under the last preceding Section. or under the Fifty-second Section of "The Passengers Act, 1855," or either of them, by or by the Authority of such Secretary of State, Governor, or Consular Officer, or other Person, as therein respectively mentioned, including the Cost of maintaining the Passengers until forwarded to their Destination, and of all necessary Bedding, Provisions, and Stores, shall become a Debt to Her Majesty and Her Successors from the Owner, Charterer, and Master of such Ship, and shall be recoverable from them, or from any One or more of them, at the Suit and for the Use of Her Majesty, in like Manner as in the Case of other Crown Debts; and a Certificate in the Form in Schedule (A.) hereto annexed, or as near thereto as the Circumstances of the Case will admit, purporting to be under the Hand of any such Secretary of State, Governor, or Consular Officer, (as the Case may be,) stating the total Amount of such Expenses, shall in any Suit or other Proceeding for the Recovery of such Debt be received in Evidence without Proof of the Handwriting or of the official Character of such Secretary of State, Governor, or Consular Officer, and shall be deemed sufficient Evidence of the Amount of such Expenses, and that the same were duly incurred, nor shall it be necessary to adduce on behalf of Her Majesty any other Evidence in support of the Claim, but Judgment shall pass for the Crown, with Costs of Suit, unless the Defendant shall specially plead and duly prove that such Certificate is false or fraudulent, or shall specially plead and prove any Facts showing that such Expenses were not duly incurred under the Provisions of this Act, and of the said "Passengers Act, 1855," or either of them: Provided nevertheless, that in no Case shall any larger Sum be recovered on account of such Expenses than a Sum equal to twice the total Amount of Passage Money received or due to and recoverable by or on account of the Owner, Charterer, or Master of such Passenger Ship, or any of them, for or in respect of the whole Number of Passengers and Cabin Passengers who may have embarked in such Ship, which total Amount of Passage Money shall be proved by the Defendant, Passengers Act Amendment. Governor, &c., if he will have the Advantage of this Limitation of the Debt; Passengers but if any such Passengers are forwarded or conveyed to their forwarded by intended Destination under the Provisions of the last preceding not entitled to Section, they shall not be entitled to the Return of their Passage Return of PasMoney, or to any Compensation for Loss of Passage under the sage Money. Provisions of the said " Passengers Act, 1855." rescuing and 17. In the Case of a Passenger Ship, of which neither the Bond to re-pay Owners nor Charterers reside in the United Kingdom, the Expenses of Bond required to be given to the Crown by the Sixty-third forwarding Section of the "Passengers Act, 1855," shall be for the Sum shipwrecked of Five thousand Pounds instead of Two thousand Pounds; where Owners Passengers, and an additional Condition shall be inserted in such Bond to and Charterers of Vessel rethe Effect that the Obligors therein shall, subject to the Provi- side abroad. sions and Limitations herein-before contained, be liable for and shall pay to Her Majesty and Her Successors, as a Crown Debt, all Expenses which may be incurred under the Provisions herein-before and in the "Passengers Act, 1855," contained, in rescuing, maintaining, and forwarding to their Destination any Passengers of such Ships who by reason of Shipwreck or any other Cause, except their own Neglect or Default, may not be conveyed to their intended Destination by or on behalf of the Owner, Charterer, or Master of such Ship. 18. The said "Passengers Act, 1855," and this Act, shall Recited Act be construed together as One Act. SCHEDULE (A.) Form of Governor's or Consul's Certificate of Expenditure in the Case of Passengers shipwrecked, &c. and this to be as One. rescued than I hereby certify, That, acting under and in conformity with the Provisions of the British "Passengers Act, 1855," and of more Passen(a). N. B.-1. the "Passengers Act Amendment Act, 1863," I have defrayed gers where the Expenses incurred in rescuing, maintaining, supplying forwarded, or if with necessary Bedding, Provisions, and Stores (a), and in Bedding, &c., forwarding to their Destination Passengers [including plied, alter the Cabin Passengers (b)], who were proceeding from Certificate to in the Passenger Ship to which was wrecked at Sea, &c. (c). was not sup suit the Facts of the Case. (b.) N. B.-2. Omit Words in And I further certify, for the Purposes of the Sixteenth Brackets when Section of the said "Passengers Act Amendment Act, 1863," necessary. that the total Amount of such Expenses is Pounds, and (c). N. B.-3. State generally that such Expenses were duly incurred by me under the said the Nature of Acts or one of them. the Disaster and where it occur Governor of, &c., (or as behind, without the Case may be,) Her any Default of Britannic Majesty's the Fact ac Consul at their own, state cordingly. STATUTES OF THE PROVINCE OF CANADA PASSED IN THE TWENTY-SEVENTH YEAR OF THE REIGN OF HER MAJESTY QUEEN VICTORIA AND IN THE FIRST SESSION OF THE EIGHTH PARLIAMENT OF CANADA. Begun and holden at Quebec, on the Thirteenth day of August, in the year of Our Lord One Thousand Eight Hundred and Sixty-three. 017 HIS EXCELLENCY THE RIGHT HONORABLE CHARLES STANLEY VISCOUNT MONCK GOVERNOR GENERAL. QUEBEC: PRINTED BY GEORGE DESBARATS AND MALCOLM CAMERON, |