56 Geo. 3. c. 83. List of passengers. to his leaving the said port, shall deliver to the said principal officer at the said port, a list containing the number of the said passengers, with their names, ages, and descriptions, for the purpose of being registered at such port, together with a copy of the same, which copy shall be certified by the said officers as being correct, and shall deliver to the master of such vessel, to be by him kept on board the said vessel, and subject to the inspection of any of His Majesty's ships of war or vessels in the service of customs or excise, during his voyage to List to be de- Newfoundland and the coast of Labrador; and upon the arrival of such vessel at either of the aforesaid places, the said master of such vessel shall deliver the aforesaid copy of the list to the governor of such place, or other person acting for him, or to the naval officer or chief officer of customs at the port of arrival, or to the nearest justice of the peace, who shall be required to examine the passengers within 24 hours after their arrival; and no such passenger as aforesaid shall be allowed to land until such list is compared with the passengers by the governor or other person acting for him, or some person authorized by either of them for that purpose. livered and compared. Taking more Number of passengers that vessels may take, $3. Quantity of water and provisions, and how stowed, 54. Neglect, 5. Rule 28. If the master of such vessel shall take or have on board his vessel, or if the owners of such vessel shall engage to take on board, more persons than the number allowed, they shall respectively forfeit 10. for each person so taken or engaged to be taken on board. Rule 29. It shall not be lawful for any vessel, from any place in the United Kingdom of Great Britain and Ireland, or from Guernsey and Jersey, to carry to any part of Newfoundland, or coast of Labrador, a greater number of passengers than in the following proportion; that is to say, any British vessel having a second deck may take passengers at the rate of one for every unoccupied space being six feet in length by two feet in breadth, and being of the full perpendicular height between the two decks; or any British vessel which shall have only one deck over her hold may take passengers at the rate of one for every space between the cargo stowed in the hold and the deck, being six feet in length and two feet in breadth, and being the height of five feet perpendicular above the cargo, and being independent in either case of the space which may be requisite for the stowage of the water and provisions and baggage of the passengers; and the full space before mentioned shall accordingly be allotted for the accommodation of each passenger so taken on board. Rule 30. Every such vessel shall be furnished, at the time of her departure to commence the voyage, with at least 10 weeks' supply of good and wholesome water, so as to furnish a supply of five pints of water per day for every such passenger, exclusive of the crew, and the said supply of water shall be stowed below the deck; and every such vessel shall also be furnished with such a supply of provisions as'will afford an allowance for every such passenger, exclusive of the crew, during the said period of 10 weeks, of one pound of bread or biscuit, and one pound of beef, or three quarters of a pound of pork per day, and also two pounds of flour, three pounds of oatmeal, or three pounds of peas or pearl barley, and half a pound of butter, weekly; the weekly allowance to commence on the day the vessel puts to sea. Rule 31. The master of any vessel, failing to give out the allowance of provisions and water hereinbefore specified, shall forfeit 10l. for every such neglect and omission. Rule 32. An abstract of this act, stating the number of passengers 56 Geo. S. allowed to be taken, and the daily and weekly allowance of water and c. 83. § 6. provisions, shall be exposed in some conspicuous part of the vessel to which the said passengers have recourse; in failure of which the master of such vessel shall forfeit 10l. Abstract of act. foundland, Rule 33. The master of any such vessel, engaging to take on board any Returning such passengers from Newfoundland or the coast of Labrador, for the pur- from Newpose of returning from thence to the United Kingdom, shall conform to the &c. § 7. regulations above enacted as to the number of passengers which it shall be lawful for them to take on board, and shall be liable to the like penalties for any breach of such regulations as are hereinbefore enacted, with respect to vessels proceeding from the United Kingdom to Newfoundland, or the coast of Labrador. land, &c. to Rule 34. Every such vessel returning from Newfoundland or the vessels from coast of Labrador to any place of the United Kingdom with passengers Newfoundas aforesaid, shall be furnished, at the time of her departure to commence have water the voyage, with a least seven weeks' supply of good and wholesome and proviwater, so as to furnish a supply of five pints of water per day for every sions, § 8. such passenger, exclusive of the crew, and the said supply of water shall be stowed below the deck; and every such vessel shall also be furnished with such a supply of provisions as will afford an allowance for every such passenger, exclusive of the crew, during the said period of seven weeks, of one pound of bread or biscuit, and one pound of beef, or three quarters of a pound of pork, per day, and also two pounds of flour, three pounds of oatmeal, or three pounds of peas or pearl barley, and half a pound of butter, weekly; the weekly allowance to commence on the day the vessel puts to sea. Rule 35. The master of any vessel, failing to give out the allowance Neglect, § 9. of provisions and water hereinbefore specified, shall forfeit 10l. of lawful money for each such neglect and omission. Rule 36. All penalties and forfeitures to be incurred under this act Penalties, shall and may be recovered in a summary way on the oath of one or § 10. more witness or witnesses, before any one or more of His Majesty's justice or justices of the peace of any county or place in the United Kingdom, where such vessel shall depart from or come to in or during such voyage, or in a summary way in any surrogate court or courts of session, having jurisdiction in the island of Newfoundland; and such last-mentioned penalties and forfeitures as shall be recovered in Newfoundland shall be paid to the governor of Newfoundland for the time being, or other person acting for him, or some person authorized by either of them for that purpose; to be applied under the direction of such governor or other person acting for him, or some person authorized by either of them for that purpose, for defraying the passage home of such persons as ought to be sent to that country to which they belong. Rule 37. Nothing in this act shall extend to the conveyance of any Persons on persons on board of any such vessel, whether fishermen, youngsters, or establishment, others, being hired servants to be employed on the establishment of 11. their respective masters or hirers in the prosecution of the fisheries carried on from Newfoundland or the coast of Labrador. c. 10. § 1. Rule 38. Nothing in the foregoing act of 43 Geo. 3. c. 56. shall be 57 Geo. S. deemed to apply to any British vessel carrying passengers to the provinces of Upper or Lower Canada, Nova Scotia, New Brunswick, Cape Breton, or Prince Edward's Island. 57 Geo. 3. c. 10. $2. Bond as to passengers, List of passengers on Rule 39. No vessel shall sail with passengers from any place in the United Kingdom to any place in Upper or Lower Canada, Nova Scotia, New Brunswick, Cape Breton, or Prince Edward's Island, unless the master of every such vessel, and the owners thereof, shall, before the sailing of such vessel from any place as aforesaid, enter into security by bond to His Majesty, in the penalty of 500l. with condition that there shall not be taken on board any such vessel any more such passengers than are hereinafter permitted, and that every passenger, if alive, shall be landed at the place to which such passenger shall have contracted to be conveyed; which bond shall be taken by and deposited with the principal officer of customs at the port from which such vessel shall sail; and the master of such vessel, previous to his leaving the said port, is hereby required to deliver to the said principal officer at the said port, a list containing the number of the said passengers, with their names, ages, and descriptions, and the places to which they are leaving port. to be respectively conveyed, for the purpose of being registered at such port, together with a copy of the same, which copy shall be certified by the said officers as being correct, and delivered to the master of such vessel, to be by him kept on board the said vessel and subject to the inspection of any of His Majesty's ships of war or vessels in the service of His Majesty's customs or excise during his voyage to the aforesaid colonies; and upon the arrival of such vessel at either of the aforesaid colonies, the said master of such vessel shall deliver the aforesaid copy of the list to the governor of such place or other person acting for him, or to the naval officer or chief officer of customs at the port of arrival, or to the nearest justice of the peace, who shall be Examination required to examine the passengers within 24 hours after their arrival; and landing and no such passenger as aforesaid shall be allowed to land until such of passengers. list is compared with the passengers by the governor or other person acting for him, or some person authorized by either of them for that purpose. Rule 40. If the master of such vessel shall take or have on board his vessel, or if the owners of such vessel shall engage to take on board more persons than the number allowed, they shall respectively forfeit 501. for each person so taken or engaged to be taken on board. Delivery of Jist in colo nies. Taking more passengers, § 3. Passengers tioned, 4. Rule 41. It shall not be lawful for any vessel from any place in the to be appor United Kingdom of Great Britain and Ireland, or from Guernsey and Jersey, to carry to any place in Upper or Lower Canada, Nova Scotia, New Brunswick, Cape Breton, or Prince Edward's Island, a greater number of passengers than in the proportion of one adult person or of three children under 14 years of age for every one ton and a half of the burthen of such vessel; and every such vessel shall be taken to be of such tonnage or burthen as is described and set forth in the respective certificate of the registry of each such vessel granted in pursuance of the several acts in force in Great Britain and Ireland respectively relating to such certificates; (a) and if any such vessel shall be partly laden with goods, then it shall not be lawful for the master of such vessel to receive or take on board a greater number of persons than in the proportion of one adult person or of three children under 14 years of age for every one ton and a half of that part of such vessel remaining unladen. Water and provisions, $5. Rule 42. Every such vessel shall be furnished at the time of her departure to commence the voyage with at least 12 weeks' supply of (a) As to the registry of vessels, see TITLE 3. good and wholesome water, so as to furnish a supply of five pints of 57 Geo. 3. water per day for every such passenger exclusive of the crew; and the c. 10. said supply of water shall be stowed below the deck; and every such vessel shall also be furnished with such a supply of provisions as will afford an allowance for every such passenger, exclusive of the crew, during the said period of 12 weeks, of one pound of bread or biscuit and one pound of beef or three quarters of a pound of pork per day, and also two pounds of flour, three pounds of oatmeal, or three pounds of peas or pearl barley, and half a pound of butter, weekly; the weekly allowance to commence on the day the vessel puts to sea. Rule 43. The master of any vessel failing to give out the allowance Neglecting of provisions and water hereinbefore specified shall forfeit 107. for each to give out such neglect and omission. provisions, § 6. Rule 44. An abstract of this act, stating the number of passengers Abstract of allowed to be taken, and the daily and weekly allowance of water and act, § 7. provisions, shall be exposed in some conspicuous part of the vessel to which the said passengers have recourse; in failure of which the master of such vessel shall forfeit 107. $8. Rule 45. All penalties and forfeitures to be incurred under this act Recovery of may be recovered in a summary way on the oath of one or more penalties, witness or witnesses before any one or more of His Majesty's justice or justices of the peace of any county, county of a city, or place in the United Kingdom, where such vessel shall depart from or come to in or during such voyage, or in a summary way in any court of session having jurisdiction in the place at which such vessel shall arrive. Rule 46. Nothing in this act shall extend to repeal, or affect any Artificers, law or custom now in force in the United Kingdom or within Great § 9. Britain or Ireland for the regulation of artificers and others from or in going from any part of the United Kingdom to parts beyond sea, or to regulate the vessels carrying such artificers, or the masters of such vessels; but all such laws and customs shall remain in full force as if this act had not been made. (a) TITLE V.-SMUGGLING. [UNDER this title, the aim has been to restrict the regulations to such as apply to smuggling in the limited and generally accepted sense of the word.-Smuggling has been, in the enlarged sense, defined to be, "any attempt to defraud the re"venue of duties." (6)—The regulations touching the entry, landing, and shipping of goods in general, in the regular manner, will therefore be found under TITLE 10; but where there are also regulations touching any specific goods, such regulations will come under the several names of such goods, as the case may be.] Isle of Man. [As to smuggling in the Isle of Man, see TITLE 53.] [As to smuggling in Jersey, Guernsey, Alderney, Sark, and Man, Jersey, &c. see TITLE 56.] [As to smuggling East India goods, see TITLE 89.] East Indies. West Indies. Rule 1. EVERY person whatsoever, who, by way of insurance or 4 & 5 Will. otherwise, shall undertake or agree to deliver any goods whatsoever, to be imported from parts beyond the seas, at any place whatsoever (a) As to the laws respecting artificers, see TITLE 19. (b) See the case of "The King against Brady, Kierman, and Rooke," at the end of this title. & Mary, Insuring. 4 & 5 will. & Mary, e. 15. [Rules 2-6. within England, without paying the duties that shall be due and payable for the same at such importation, or any prohibited goods whatsoever, or in pursuance of such insurance, undertaking, or agreement, shall deliver, or cause or procure to be delivered, any prohibited goods, or shall deliver, or cause or procure to be delivered, any goods whatsoever, without paying such duties, knowing thereof, and all their aiders, abettors, and assistants shall for every such offence forfeit 500l. over and above all other forfeitures and penalties to which they are liable by any act already in force. Agreeing to or receiving goods, 15. Rule 2. Every person whatsoever, who shall agree to pay any sum pay money, of money for the insuring or conveying any goods that shall be so imported, without paying the duties due and payable at the importation thereof, or of any prohibited goods whatsoever, or shall receive or take such prohibited goods into his house or other place on land, or such other goods, before such duties are paid, knowing thereof, shall also for every such offence forfeit 500l. Rewards, 16. Limitation, 15. 5 Geo. 1. Size of casks for rum. Rule 3. If the insurer, conveyer, or manager of such fraud, be the discoverer of the same, he shall not only keep and enjoy the insurance money or reward given him, and be discharged of the penalties to which he is liable by reason of such offence, but shall also have to his own use one half of the forfeitures hereby imposed upon the party making such insurance or agreement, or receiving the goods as aforesaid; and in case no discovery shall be made by the insurer, conveyer, or manager as aforesaid, and the party insured or concerned in such agreement shall make discovery thereof, he shall recover back such insurance money or premium, as he hath paid upon such insurance or agreement, and shall have to his own use one moiety of the forfeitures imposed upon such insurer, conveyor, or manager, and shall also be discharged of the forfeitures hereby imposed upon him. Rule 4. No penalty hereby inflicted shall be recoverable, unless the same be prosecuted within 12 months after the time such fact was committed. Rule 5. If any rum be imported into Great Britain, in any cask or c. 11. § 2. (a) vessel, not containing 20 gallons at the least, (excepting only for the use of the seamen,) all such rum, or the value thereof, shall be forfeited; nevertheless if it be made appear, to the satisfaction of the principal officers of customs at the port of importation, that such rum so imported in small casks was for the use of the master or seamen belonging to the vessel in the voyage, or imported by merchants or traders, without fraud or concealment, then the said officers are hereby impowered and directed to admit such rum to an entry, and cause the duties thereof to be accepted, instead of the forfeiture thereof before mentioned. Taking in at sea, 3. Rule 6. In case any foreign goods shall, by any collier, fisher boat, or other coasting vessel or boat, be taken in at sea, or out of any vessel (a) Originally a temporary act, but by 50 Geo. 3. c. 10. the several clauses of it relating to such foreign goods as shall be taken in at sea out of any vessel, in order to be landed or put into any other vessel or boat,-to goods not reported, and found after clearing of ships, and whereby further remedies against re-landing goods prohibited to be worn in this kingdom, and foreign goods shipped out for parts beyond the seas,-to the opening or altering package of goods outward bound, to hovering vessels of the burthen of 50 tons, or under,-to the package in which coffee shall be exported,―to rum imported in casks or vessels not containing 20 gallons,—and also relating to certificate goods entered in order to be exported into Ireland, are made perpetual. But see Rule 69 of this title, which limits the size of packages containing spirits to 60 gallons. |