certificate then in force,) the owner thereof shall for such offence be liable to a penalty not exceeding 1007., and the master of such vessel shall also be liable to a further penalty not exceeding 201.

XII. If in any such certificate the number of passengers which the vessel to which such certificate relates is constructed to carry is stated, it shall not be lawful to carry on board thereof any greater number of passengers, whether deck passengers or other passengers, than the numbers thereof respectively stated in such certificate; and if the owner or master or other person in charge of any such vessel receive on board thereof, or if such vessel shall at any time have on board, any greater number of passengers, whether deck passengers or other passengers, than the numbers thereof respectively specified in such certificate, the owner or the master or other person having charge thereof shall forfeit a sum not exceeding 20., and shall also forfeit 5s. for every passenger over and above the number so specified in the certificate as aforesaid.

XIII. If any person after having been refused admission into any steam vessel by the owner or person in charge thereof, or by any person in the employ of the owner thereof, on account of such steam vessel being full, and after having had the full amount of his fare (if he has paid the same) returned or tendered to him, shall nevertheless persist in attempting to enter the same, or if any person, having got on board any steam vessel, be requested, on the like account, by the owner or person in charge thereof, or by any person in the employ of the owner, to leave such steam vessel before the same has quitted the place at which such person got on board, and shall refuse so to do after having had the full amount of his fare (if he has paid the same) returned or tendered to him, then and in either of such cases such person shall for such offence forfeit and pay to the owner of such vessel any sum not exceeding 40s.

XIV. If any person travel or attempt to travel in any steam vessel that has been duly surveyed in conformity with the provisions of this Act without having previously paid his fare, and with intent to avoid payment thereof, or if any person having paid his fare for a certain distance knowingly and wilfully proceed in any such vessel beyond such distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof, or if any person knowingly and wilfully refuse or neglect, on arriving at the point to which he has paid his fare, to quit such vessel, every such person shall for every such offence forfeit and pay to the owner of such vessel a sum not exceeding 5s., in addition to the fare payable by him.

xv. Every person who, having committed any of the offences mentioned in the last two preceding sections or either of them, refuses, on application of the master of the vessel or other person in the employ of the owner thereof, to give his name and address, or who on such application gives a false name or address, shall forfeit and pay to the owner of such vessel a sum not exceeding 201

XVI. The lords of the said committee may from time to time appoint such number of fit and proper persons to be shipwright surveyors and engineer surveyors for the purposes of this Act, at such ports or places as they think proper, and may from time to time remove such surveyors or any of them, and they may from time to time fix, alter, or vary the rates of remuneration to be received by such surveyors.

XVII. That said surveyors shall make such returns from time to time to the Lords of the said Committee with respect to the build, dimensions, draft, burden, rate of sailing, room for fuel, and the nature and particulars of machinery of the vessels surveyed by them, as shall be required by the Lords of the said Committee; and every owner, master, and engineer of any such vessel shall, on demand, give to such surveyors all such information and assistance within his power as may be required by them for the purpose of such returns; and every such owner, master, and engineer who, on being applied to for that purpose, wilfully refuses or neglects to give such information or assistance, shall be liable to a penalty not exceeding 51.

XVIII. The said surveyors shall execute their duties under the direction of the Lords of the said Committee; and in the execution of such duties it shall be lawful for them to go on board any steam vessel at all reasonable times, and to inspect the same or any part thereof, or any of the machinery, boats, equipments, or articles on board thereof to which the provisions of this Act or any of the regulations to be made by virtue thereof apply, not unnecessarily detaining or delaying the vessel from proceeding on any voyage, and, if in consequence of any accident to any such vessel or for any other reason they consider it necessary so to do, to require the vessel to be taken into dock for the purpose of surveying the hull thereof; and any person who hinders any such surveyor from going on board any such steam vessel, or otherwise impedes him in the execution of his duty under this Act, shall be liable to a penalty not exceeding 51.

XIX. Every such surveyor who demands or receives, directly or indirectly, from the owner or master of any vessel surveyed by him under the provisions of this Act, any fee or remuneration whatsoever for or in respect of such survey, otherwise than as the agent, and by the direction of the Lords of the said Committee, shall be liable to a penalty not exceeding 50% at the suit of any person whomsoever.

xx. That the owner of every steam vessel built of iron, of 100 tons burthen or upwards, the building of which shall have been commenced since the 28th of August 1846, and the owner of every steam vessel built of iron of less burthen than 100 tons, the building of which shall have commenced after the passing of this Act, except vessels used solely as steam tugs, shall cause the same to be divided by transverse water-tight partitions, so that the fore part of the vessel shall be separated from the engine-room by one of such partitions, and so that the after part of such vessel shall be separated from the engineroom by another of such partitions; and it shall not be lawful for the officers of Her Majesty's Customs, or for any other person, to grant a certificate of British registry to, or to clear out or grant a transire to, or allow to proceed to sea, any iron steamer of 100 tons burthen or upwards, built since the said 28th of August 1846, or to any iron steamer of less burthen than 100 tons built after the passing of this Act, except as aforesaid, unless the same be so divided as aforesaid; and if any steamer herein before required to be so divided proceeds to sea without being so divided, the owner shall be liable to a penalty not exceeding 1001.

And with regard to safety-valves,

It is Enacted as follows:

XXI. After the 31st of March 1852 it shall not be lawful for any steamboat, of which surveys are required by the provisions of this Act, to go to sea, or to steam upon the rivers of the United Kingdom, without having a safety-valve upon each boiler, free from the care of the engineer, and out of his controul and interference; and such safety-valve shall be deemed to be a necessary part of the machinery, upon the sufficiency of which the engineer surveyor is to report as herein provided.

And with respect to the boats and other equipments to be provided for sea-going vessels,

It is Enacted as follows:

XXII. No decked vessel, except vessels used solely as steam-tugs, shall proceed to sea from any port or place in the United Kingdom whatsoever unless it shall be provided, according to its tonnage, with boats duly supplied with all requisites for their use, and not being fewer in number nor less in their cubic contents than the boats the number and cubic contents of which are specified in the following Table; provided that the said limits of dimension be not considered applicable to vessels engaged in the whale fishery :

Note.-In the Case of Steam Vessels, two Paddlebox Boats may be substituted for any two of the Boats in Column 3. And no such vessel carrying more than ten passengers shall proceed to sea unless, in addition to the boats herein before required, it also be provided with a life-boat furnished with all requisites for use, or unless one of its boats herein before required be rendered buoyant after the manner of life-boats; and no such vessel shall proceed to sea with passengers as aforesaid unless it also be provided with two life-buoys, to be kept ready for immediate use: Provided, that the enactments with respect to boats and life-buoys herein contained shall not apply in any case in which a certificate has been duly obtained under section 9. of the Passengers Act, 1849.

XXIII. No steam vessel, except vessels used solely as steam-tugs, shall proceed to sea unless it shall be provided with a hose adapted for the purpose of extinguishing fire in any part of the vessel, and capable of being connected with the engines of the vessel, nor, if carrying passengers, without being provided with the following means of making signals of distress, that is to say, twelve blue lights, or twelve port-fires and one cannon, with ammunition for at least twelve charges, or, in the discretion of the master or owner of such vessel, with such other means of making signals as shall have been previously approved by the Lords of the said Committee.

XXIV. If any such steam or other vessel as aforesaid proceed to sea without being provided with such boats and other equipments as herein before required for such vessel, or if any of such boats or other equipments be lost or rendered useless in the course of the voyage through the wilful fault or negligence of the owner or master, or if in case of any of such boats or life buoys being accidentally lost or injured in the course of the voyage the master or other person having charge of the vessel wilfully neglect to replace or repair the same on the first convenient opportunity, then and in every case where the owner shall appear to be in fault he shall be liable to a penalty not exceeding 100%., and in every case where the master or other person having charge of the vessel shall appear to be in fault he shall be liable to a penalty not exceeding 501.

xxv. It shall not be lawful for any officer of Customs to clear out, or to grant a transire to, or allow to proceed to sea, any such steam or other vessel as aforesaid, unless the same is provided with such boats and other equipments as hereinbefore required for such vessel; and in any case in which any vessel is delayed by reason of non-compliance with any of the provisions herein before contained the tide-waiter left on board shall be maintained at the expense of the master or owner of such vessel until such provisions are complied with.

And with respect to the lights to be carried, and other provision to be made for guarding against accidents from collision, It is Enacted as follows:

XXVI. The Lord High Admiral, or the Commissioners for executing the office of Lord High Admiral, shall from time to time make regulations requiring the exhibition of such lights, by such classes of vessels, whether steam or sailing vessels, within such places and under such circumstances as they think fit, and may from time to time revoke, alter, or vary the same, and they shall cause such regulations to be published in the London Gazette, and to be otherwise publicly made known, and such regulations shall come into operation on a day to be named in such Gazette, and they shall cause such regulations to be printed, and shall furnish a copy thereof to any owner or master of a vessel who applies for the same, and production of the Gazette containing such regulations shall be sufficient evidence of the purport and due making thereof; and all owners and masters or persons having charge of vessels shall be bound to take notice of the same, and shall, so long as the same continue in force, exhibit such lights, and no others, at such times, within such places, in such manner, and under such circumstances as are enjoined by such regulations; and in case of default the master or other person having charge of any vessel, or the owner of such vessel, if it appear that he was in fault, shall for each and every occasion upon which such regulations are infringed forfeit and pay a sum not exceeding 201.: Provided always, that all regulations made by the said Lord High Admiral, or Commissioners for executing the office of Lord High Admiral, under the authority of the said recited Acts or either of them, and in force at the passing of this Act, together with the penalties applicable thereto, shall continue and be in force as if the same had been made under this Act, until the same be revoked.

XXVII. Whenever any vessel proceeding in one direction meets a vessel proceeding in another direction, and the master or other person having charge of either such vessel perceives that if both vessels continue their respective courses they will pass so near as to involve any risk of a collision, he shall put the helm of his vessel to port, so as to pass on the port side of the other vessel, due regard being had to the tide and to the position of each vessel with respect to the dangers of the channel, and, as regards sailing vessels, to the keeping of each vessel under command; and the master of any steam vessel navigating any river or narrow channel shall keep as far as is practicable to that side of the fairway or mid-channel thereof which lies on the starboard side of such vessel; and if the master or other person having charge of any steam vessel neglect to observe these regulations or either of them, he shall for every such offence be liable to a penalty not exceeding 50%.

XXVIII. If in any case of a collision between two or more vessels it appear that such collision was occasioned by the nonobservance either of the foregoing rules with respect to the passing of steamers or of the rules to be made as aforesaid by the Lord High Admiral or the Commissioners for executing the office of Lord High Admiral with respect to the exhibition of lights, the owner of the vessel by which any such rule has been infringed shall not be entitled to recover any recompense whatsoever for any damage sustained by such vessel in such collision, unless it appear to the Court before which the case is tried that the circumstances of the case were such as to justify a departure from the rule; and in case any damage to person or property be sustained in consequence of the non-observance of any of the said rules, the same shall in all courts of justice be deemed, in the absence of proof to the contrary, to have been occasioned by the wilful default of the master or other person having the charge of such vessel, and such master or other person shall, unless it appears to the Court before which the case is tried that the circumstances of the case were such as to justify a departure from the rule, be subject in all proceedings, whether civil or criminal, to the legal consequences of such default.

XXIX. Whenever any steam vessel (other than a ship of war) has sustained or caused any accident occasioning loss of life or any serious injury to any person, or has received any material damage affecting her seaworthiness or efficiency either in her hull or in any part of her machinery, the owner, master, or other person having the charge of such vessel shall, within twenty-four hours after the happening of such accident or damage, or as soon thereafter as possible, transmit through the Post Office to the Lords of the said Committee, by letter signed by such master or other person, a report of such accident or damage, and the probable occasion thereof, stating the name of the vessel, the port to which she belongs, and the place where she is; and if such master or other person neglect so to do he shall for every such offence be liable to a penalty not exceeding 501.

xxx. If the owner of any steam vessel have reason, owing to the nou-appearance of such vessel, or to any other circumstance, to apprehend that such vessel has been wholly lost, he shall as soon as conveniently may be send notice thereof in like manner to the Lords of the said Committee, and if he neglect so to do within a reasonable time he shall for such offence be liable to a penalty not exceeding 501.

And with regard to the provision to be made for the inspection of steam vessels,

It is Enacted as follows:

XXXI. The Lords of the said Committee may from time to time, whenever it seems expedient to them so to do, appoint any of the surveyors to be appointed by them as aforesaid, or any other fit person, as an inspector, to go on board any ship or vessel, to report to them whether the provisions of this Act, or the regulations made under or by virtue of this Act have been complied with, and also whether the hull and machinery of such vessel, if the same be a steam vessel, are sufficient and in good condition, or to report to them upon the nature and causes of any accident or damage which such vessel has sustained or caused or is said to have sustained or caused.

XXXII. It shall be lawful for any such inspector as aforesaid, and also for any person being a member of the said naval department of the Board of Trade, to go on board any steam vessel at all reasonable times, and to inspect the same or any part thereof, or any of the machinery, boats, equipments, or articles on board thereof, to which the provisions of this Act or any of the regulations to be made by virtue thereof apply, not unnecessarily detaining or delaying the vessel from proceeding on any voyage; and in all cases of accident or damage such inspector or other person may make such inquiries, and require answers or returns thereto, as to the nature, circumstances, and causes of such accident or damage, as he thinks fit, and may, by summons under his hand, require the attendance of all persons whom he thinks fit to call before him upon any question or matter connected therewith or relating thereto, and may administer oaths, and examine such persons upon oath, and may require and enforce the production upon oath of all log books, accounts, agreements, or other papers or writings in anywise relating to any such matter as aforesaid, or in lieu of requiring and administering an oath may require any person to make and subscribe a declaration of the truth of the matters respecting which he has been examined or interrogated: Provided always, that no person shall be required, in obedience to any summons from such inspector or other person, to travel more than ten miles from his actual abode at the time of receiving such summons, unless such reasonable allowance for expenses in respect of his attendance to give evidence and of his journeys to and from the place where he may be required to attend for that purpose be made and tendered to him as would be allowed to any witness attending on subpoena to give evidence before any of Her Majesty's Courts at Westminster; and in case of any dispute as to the amount of such expenses the same shall be referred by such inspector or other person, to one of the Masters of Her Majesty's Court of Queen's Bench, and such Master shall, on a request made to him for that purpose under the hand of such inspector or other person, ascertain and certify the proper amount of such expenses.

XXXIII. If any person wilfully impede such inspector or other person in the execution of any part of his duty, whether on board any ship or vessel or elsewhere, every person so offending, and all persons aiding and assisting therein, may be seized and detained by such inspector or other person, or by any persons called by him to his assistance, until such offender can be conveniently taken before some Justice of the Peace or other officer having proper jurisdiction; and every such offender, and also every person who refuses to attend as a witness before any such inspector or other person, when required so to do, in the manner hereby directed, or who refuses or neglects to make any answer, or to give any return, or to produce any document in his possession, or to make or subscribe any declarations which such inspector or other person is hereby empowered to require as aforesaid, shall for each offence be liable to a penalty not exceeding 51.

And with respect to legal proceedings for enforcing the provisions of this Act,

It is Enacted as follows:

XXXIV. All misdemeanours or offences created by this Act may be prosecuted by information at the suit of Her Majesty's Attorney General, or by indictment or other appropriate legal proceeding in any court having appropriate jurisdiction in any of Her Majesty's dominions, and shall be punishable with fine or imprisonment, or both, as such Court thinks fit; and all penalties and other sums of money hereby made payable or recoverable may be recovered, with costs, and all offences hereby made punishable may, unless previously punished as misdemeanours, be prosecuted and punished and the costs of such prosecution recovered, by some appropriate summary proceeding, before two or more Justices, or before a Judge exercising maritime jurisdiction, or other officer or officers having appropriate jurisdiction in any part of Her Majesty's dominions; and all such summary proceedings, if instituted in England or Wales, shall, so far as is consistent with the provisions of this Act, be carried on in the manner directed by an Act, 11 & 12 Vict. c. 43, intituled 'An Act to facilitate the Performance of the Duties of Justices of the Peace out of Session, within England and Wales with respect to summary Convictions and Orders.' XXXV. Every sheriff in Scotland shall, within his own county, and in all places in which sheriffs are authorized to exercise jurisdiction in virtue of the Act, 11 Geo. 4. & 1 Will. 4. c. 69, have such powers and be entitled to exercise such jurisdiction under this Act as any Justices have or are entitled to exercise under the provisions of this Act; and any proceedings instituted under this Act before any such sheriff may be conducted in the same way as any summary proceedings before any sheriff court in Scotland may for the time being be lawfully conducted; and every deliverance, sentence, and conviction of any sheriff under this Act shall be final, and not subject to any review whatsoever.

XXXVI. For the purpose of giving jurisdiction under this Act, every offence shall be deemed to have been committed, and every cause of complaint to have arisen, either in the place in which the same actually was committed or arose, or in any place in which the offender or person complained against may be.

XXXVII. Service of any summons or other matter in any legal proceeding under this Act shall be deemed good service if made personally on the person to be served, or if made at his last known place of abode or business, or if made on board any vessel to which he belongs, and accompanied with a statement of the purport thereof to the person in command or appearing to be in command or charge of such vessel.

XXXVIII. All certificates purporting to be issued in pursuance of this Act by the Lords of the said Committee, and to be signed as herein before required, shall be taken to have been so issued and signed, unless the contrary is proved; and every document purporting to be an office copy of any such certificate as aforesaid, and to be signed in the manner hereinbefore required for the signature of such certificate, shall be received in evidence, and shall be deemed to be a true copy of the original of which it purports to be a copy, and in proving the transmission of any such certificate from the Lords of the said Committee to the master or owner of any steam vessel it shall be sufficient to prove that the same was duly received by some officer of Customs or other public servant, and was by him delivered to or left at the place of abode or business of such master or owner, or delivered to any person in charge or appearing to be in charge of the vessel to which the same relates.

XXXIX. If in any legal proceeding under this Act any question arises whether any vessel is or is not within the provisions of this Act, such vessel shall be taken to be within such provisions, unless proof to the contrary is adduced.

XL. Any Justice or other Court imposing any penalty under this Act of which no specific application is herein provided may, if he or they think fit, direct that a part, not exceeding one moiety thereof, shall be applied to compensate any person for any wrong or damage which he may have sustained by reason of the default in respect of which such penalty is imposed; and, subject to such directions or specific application as aforesaid, all such penalties shall be applied as the Lords of the said Committee direct, in aid of the expenses to be incurred in execution of this Act.

XLI. No indictment shall be preferred for any offence against this Act, unless under the direction of the Lords of the said Committee or of the Commissioners of Her Majesty's Customs, and no suit or proceeding shall be commenced for the recovery of any penalty or forfeiture for any such offence, except where such penalty or forfeiture is made payable to the owner of a vessel, and, except in any other cases in which directions to the contrary are herein before contained, unless in the name of some public officer under the direction of the Lords of the said Committee or of the said Commissioners respectively; and in any indictment preferred, or suit or proceeding instituted under this Act, the averment that the Lords of the said Committee or the Commissioners of Her Majesty's Customs have directed the same to be preferred or instituted shall be sufficient proof of the fact, unless the contrary is shewn.

XLII. No person shall be liable to the payment of any penalty or forfeiture imposed by virtue of this Act, and made summarily recoverable thereunder, unless the complaint respecting such offence be made before such Justice within six months next after the commission of such offence.

XLIII. No conviction, order, or other proceeding in pursuance of this Act shall be quashed or vacated for want of form, or be removed by certiorari or otherwise into any superior court.

XLIV. No distress levied in any proceeding under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser on account of any defect of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all parties aggrieved by such defect or irregularity may recover satisfaction for the special damage in an action.

XLV. If any person shall think himself aggrieved by any determination or adjudication of any Justice with respect to any penalty or forfeiture under the provisions of this Act, he may appeal to the General Quarter Sessions for the county or place in which the cause of appeal shall have arisen; but no such appeal shall be entertained unless within one month next after the making of such determination or adjudication ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recognizances, with two sufficient sureties, before a Justice, conditioned duly to prosecute such appeal, and to abide the order of the Court thereon.

XLVI. At the Quarter Sessions for which such notice shall be given the Court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn it to the following sessions; and upon the hearing of such appeal, the Court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appellant, or levied by distress upon his goods, to be returned to him, and may also order such further satisfaction to be made to the party injured as they judge reasonable, and they may make such order concerning the costs both of the adjudication and of the appeal as they think reasonable.

XLVII. Nothing in this Act contained shall be taken to repeal or alter any of the provisions of the " Passengers Act, 1849."

XLVIII. Nothing in this Act contained shall apply to any ship belonging to her Majesty, nor to any vessel not being a British vessel or a vessel owned wholly or in part by British subjects, nor to any steam ferry boat working in chains commonly called a steam floating bridge.

XLIX. Nothing in this Act contained shall prejudice or derogate from the estates, rights, interests, privileges, franchises, jurisdiction, or authority of the mayor and commonalty and citizens of the city of London, or their successors, or the lord mayor of the said city for the time being, nor prohibit, defeat, alter, or diminish any power, authority, or jurisdiction which at the time of passing this Act the said mayor and commonalty and citizens, or the said lord mayor for the time being as conservator of the river Thames, or otherwise, or the lord mayor and court of aldermen, or the lord mayor, aldermen, and commons of the city of London in common council assembled, under or by virtue of any Act of Parliament, did or might Jawfully claim, use, or exercise.

L. The master of every steam vessel to which this Act applies shall provide himself with a copy thereof, and also of all regulations made by virtue of this Act by the Lord High Admiral or the Commissioners for executing the office of Lord High Admiral, with respect to the exhibition of lights, and shall at all times keep the same on board his vessel, and in case he refuse or neglect to do so shall be subject to a penalty not exceeding 51.

LI. This Act shall come into operation on the 31st of December after the passing thereof, and may be cited as "The Steam Navigation Act, 1851."