THE PUBLIC GENERAL STATUTES, 14 VICTORIA. CAP. I. An Act to amend the Passengers Act, 1849. [1st April 1851.] WHEREAS it is expedient to amend the Passengers Act, 1849, as herein-after mentioned:' 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, That I. The Power given by the Twentieth Section of the said Commissioners Act to the Colonial Land and Emigration Commissioners, acting may fix different Lengths of by and under the Authority of One of Her Majesty's Principal Voyage for Secretaries of State, from Time to Time to declare what shall Steam and Sailbe deemed the Length of Voyage from the United Kingdom to ing Vessels. any of the therein-mentioned Places, or to any other Port or Place whatsoever, shall be extended so as to authorize the said Commissioners, acting by and under the Authority aforesaid, from Time to Time, by such Notice and to be published in such Manner as in the same Section mentioned, to declare such a Number of Weeks or Days to be deemed to be the Length of Voyage of a Steam Vessel, different from the Number of Weeks or Days to be deemed to be the Length of Voyage of a Sailing Vessel, and to distinguish, where they think fit, between Vessels having Steam Engines to be used occasionally, or in aid of their Sails, and Vessels having Engines of full Power for constant Use, and to fix such different Lengths of Voyage as they may think reasonable for such different Descriptions of Vessels. II. The Power given by the Twenty-fifth Section of the said Power to subAct to the said Commissioners, acting under the Authority of stitute different Dietary extendOne of Her Majesty's Principal Secretaries of State, from Time ed. to Time to substitute for any of the Articles of Food mentioned in the said Act any other Articles of Food, as to the said Commissioners shall seem meet, shall be extended so as to authorize the said Commissioners, by such Notice and to be published in such Manner as in the said Twenty-fifth Section mentioned, from Time to Time to determine and specify such Quantity or Quantities of One or more Articles of Food to be substituted for a given Quantity of any Article of Food specified in the said Act as the Commissioners may think necessary to secure to each Passenger an equivalent Amount of wholesome Nutriment, and the said Commissioners may in such Notice authorize the [No. 1. Price 2d.] Supply A 2 Notices may be amended or revoked. Passenger Ships putting into Port damaged not to proceed without a Cer ness. Powers of Governors of India in Coun- Bond to be given by Mas ters of British and Foreign Passenger Ships. 14 VICT. Supply by the Master of any Passenger Ship of the substituted Articles or any of them in the Quantities specified in this Behalf, or of the Articles of Food mentioned in the said Act in the Quantities therein mentioned, at his Option, during all or any Part of a Voyage. III. Any Notice issued and published under either of the Powers herein-before referred to of the said Act, or under either of such Powers as extended by this Act, may be altered, amended, or revoked as Occasion may require by the said Commissioners, acting under the Authority aforesaid, by Notice to be issued and published in like Manner. IV. No Passenger Ship putting into or touching at any Port of the United Kingdom after having sustained any Damage shall again put to Sea until such Damage has been effectually repaired, nor until the Master of such Ship has obtained from the Emigration Officer or his Assistant, or where there is no such Officer, or in his Absence, from the Officer of Customs at such Port or Place, a Certificate that such Ship is fit in all respects to proceed on her Voyage; and in case of any Default herein the Master of such Ship shall be liable to a Penalty not exceeding One hundred Pounds, to be sued for and recovered, with Costs, and applied as a Penalty imposed by the said Act. V. The Powers given by the Sixty-second and Sixty-fourth Sections of the said Act to the Governor of any of Her Majesty's Possessions abroad and to the Governor General of India in Council respectively to declare the Rule of Computation of the Length of any Voyage, or to substitute or authorize the Substitution for the Articles of Food and Provisions specified in the said Act other Articles of Food, shall be extended so as to enable such Governor and Governor General in Council respectively by Proclamation or Act (as the Case may require), subject to the Provisions of the said Passengers Act concerning Confirmation or Disallowance and Disallowance and Repeal respectively, to make, do, and authorize all such Declarations, Acts, and Matters with respect to any Voyage to which such Powers respectively extend as the Land and Emigration Commissioners, acting under the Authority aforesaid, may, under the Powers given by the Twenty-first and Twenty-fifth Sections of the said Act as extended by this Act, make, do, and authorize with respect to any Voyage to which their Powers extend. VI. Before any "Passenger Ship" shall clear out or proceed on any Voyage to which the said Act shall extend, the Owner or Charterer, or, in the event of the Absence of such Owner or Charterer, One good and sufficient Person on his Behalf, to be approved by the Chief Officer of Customs at the Port of Clearance, shall, with the Master of the said Ship, in lieu of the Bond required by the Forty-third Section of the said Act, enter into a joint and several Bond, in the Sum of One thousand Pounds, to Her Majesty, Her Heirs and Successors, according to the Form contained in Schedule (A.) hereto annexed, the Condition of which Bond shall be, that the said Ship is in all respects seaworthy, and that all and every the Requirements of the said Act Act and of this Act, and of the said Commissioners acting in the Manner prescribed by the said Act, and of any Order which may at the Date of such Bond have been passed by Her Majesty in Council in virtue of the said Act, shall in all respects be well and truly fulfilled and performed, and, in the Case of any Foreign Passenger Ship which shall proceed to any of Her Majesty's Possessions abroad, that the Master thereof shall submit himself in like Manner as a British Subject, being the Master of a British Passenger Ship, to the Jurisdiction of such Courts and Magistrates in Her Majesty's Possessions abroad as are by the said Act empowered to adjudicate on Offences committed against the said Act, and moreover that the Master, whether of a British or Foreign Passenger Ship, shall well and truly pay all Penalties, Fines, and Forfeitures which he may be adjudged to pay, either in the United Kingdom or by any such Tribunal abroad, for or in respect of the Breach or Nonperformance of any of the Requirements of the said Act: Provided always, that such Bond shall not be liable to Stamp Duty, and shall be executed in Duplicate. tified, and sent be received in cution. VII. It shall be the Duty of the Chief Officer of Customs Counterpart of at the Port of Clearance of any such Passenger Ship to certify Bond to be ceron One Part of such Bond that it has been duly executed by to the Colony the said Master and the other Obligor, and to forward the same to which Ship by Post to the Colonial Secretary of the Colony to which such bound, and to Foreign Passenger Ship may be bound; such Certificate shall, Evidence within any Colonial Court of Judicature in which the Bond may be out further put in suit, be deemed conclusive Evidence of the due Execu- Proof of Exetion of the Bond by the said Master and the other Obligor, and it shall not be necessary to prove the Handwriting of the Officer of Customs who may have signed such Certificate, nor that he was at the Time of signing it Chief Officer of Customs at the Port of Clearance; provided, that no such Bond shall be put in suit in any of Her Majesty's Possessions abroad after the Expiration of Three Calendar Months next after the Arrival therein of the said Ship, nor in the United Kingdom after the Expiration of Twelve Calendar Months next after the Return of the said Ship or of the said Master to the United Kingdom. VIII. The said Act and this Act shall be construed together This and reas One Act. SCHEDULE (A.) FORM of BOND to be given by OWNER or CHARTERER and MASTER. KNOW all Men by these Presents, That we, are held and firmly bound unto our Sovereign by the Grace of God of the United Kingdom of Great in the Sum of One thousand Pounds of good and lawful the Heirs and Successors; to which Payment well and truly to be made we bind ourselves and every of A 3 us, cited Act One. *The Clause only when the Water, as pro of the Act. us, jointly and severally, for and in the whole, our Heirs, in the Year of WHEREAS by an Act passed in the the Reign of Her Majesty Queen Victoria, intituled "An Act "to amend the Passengers Act, 1849," it is amongst other things enacted, that before any "Passenger Ship" shall clear out or proceed on any Voyage to which the Provisions of the Passengers Act, 1849, shall extend, the Owner or Charterer, or, in the Absence of such Owner or Charterer, One good and sufficient Person on his Behalf, to be approved by the Chief Officer of Customs at the Port of Clearance, shall, with the Master of the said Ship, enter into a Bond to Majesty, Heirs and Successors, in the Sum of One thousand Pounds. Ship to whereof Now the Condition of this Obligation is such, that if the is Master, bound is in all respects seaworthy, * [and if the said within Brackets Ship shall call at the Port of and there shall is to be inserted be shipped on board at such Port pure Water for the Use of Ship is to call at the Passengers, sufficient in Quantity to afford an Allowance of an intermediate Three Quarts daily to each Passenger for the Period of Port to take in Weeks on the Voyage from such Port to the final Port or Place vided by s. 23. of Discharge of such Vessel,] and if all and every the Requirements of the said Passengers Act, 1849, and of the said recited Act, and of the Colonial Land and Emigration Commissioners acting in the Manner prescribed by the said Passengers Act, 1849, and of any Order in Council passed in virtue of the said last-mentioned Act, shall in all respects be well and truly performed, † [and if the Master for the Time being of the said Ship shall submit himself in like Manner as a British Subject, being the Master of a British Passenger Ship, to the Jurisdiction of the Tribunals in Majesty's Possessions abroad, empowered by the said Passengers Act of 1849 to adjudicate on Offences committed against the said Act,] and if moreover all Penalties, Fines, and Forfeitures which the Master of such Ship may be adjudged to pay for or in respect of the Breach or Nonfulfilment of any of such Requirements as aforesaid shall be well and truly paid, then this Obligation to be void, otherwise to remain in full force and virtue. + This Clause to be inserted only in the Case of a Foreign Passenger Ship proceeding to any of the Bri tish Colonies. Insert Names and Addresses in full of the Witnesses. § Certificate to be signed by the Chief Officer of Customs in case of a Foreign Passenger Ship. Signed, sealed, and delivered by the above-bounden in the Presence of CAP. II. An Act to authorize the Inclosure of certain Lands in WHEREAS the Inclosure Commissioners for England and Wales have, in pursuance of an Act passed in the Ninth Year of the Reign of Her present Majesty, intituled An Act 8 & 9 Vict. to facilitate the Inclosure and Improvement of Commons and c. 118. 'Lands held in common, the Exchange of Lands, and the Division of intermixed Lands, to provide Remedies for defective or incomplete Executions, and for the Non-execution of the Powers of General and Local Inclosure Acts, and to provide for the • Revival of such Powers in certain Cases, issued their Provisional Orders for and concerning the proposed Inclosures mentioned in the Schedule to this Act, and have in the Annual General Report of their Proceedings certified their Opinion that such Inclosures would be expedient; but the same cannot be pro'ceeded with without the previous Authority of Parliament:' Be it 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, That the said several proposed Inclosures mentioned in the Schedule to this Act be proceeded with. II. And be it enacted, That in citing this Act in other Acts of Parliament and in legal Instruments it shall be sufficient to use the Expression "The Annual Inclosure Act, 1851." The SCHEDULE to which this Act refers. Inclosures mendule may be tioned in Sche proceeded with. Short Title. |