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customs, or such consul, as the case may be, at his final port of dis. No. XXXII charge in the said possessions.
5 & 6 W. 4, XII. And for the prevention of frauds which might be practised c. 53. upon persons emigrating from the united kingdom, be it further enacted, That the master of any ship carrying any passengers as aforesaid shall
Penalıy on not, without his or her previous consent, land or put on shore, or cause master improto be landed or put on shore, any passenger at any port or place other perly landing than the port or place at which he may have contracted to land or put passengers at such passenger on shore.
any place not contracted for. XIII. Provided always, and be it further enacted and declared, That How children for the purpose and within the meaning of this act two children, each are to be combeing under the age of fourteen years, but above the age of seven years, puted in the or three children, each being under the age of seven years, shall in all enumeration of cases be computed as one person only, and that children under the age passengers. of twelve months shall not be included in the computation of the number of persons.
XIV. That if any ship shall not actually put to sea and proceed upon Fines in case of any such intended voyage as aforesaid on the day for that purpose ap- detention. pointed in and by any contract made by the owner, master, or charterer of such ship, or by their agent, with any passenger who shall on that day be on board the same, or ready to proceed on such intended voyage, then and in every such case the master of such ship shall pay to each and every such passenger as shall have contracted to victual himself a fine, to be computed at and after the rate of one shilling in respect of each day during which he or she shall be so detained previously to the actual clearing out and final departure of such ship on such voyage, and that the same may be recovered daily; and the master of such ship shall victual each and every such passenger as shall have contracted to be victualled by the ship owner on and from the day which shall be so appointed : Provided always, That no such fine as aforesaid shall be incurred or be payable in respect of any detention of any such vessel which shall be so detained by stress of weather or other unavoidable cause.
XV. That at the close of any such voyage as aforesaid every person Passengers to arriving as a passenger at any port or place shall, during the space of be maintained forty-eight hours next after such arrival, be entitled to continue on for 48 hours board such ship, and to be provided for and maintained on board the after their same in such and the same manner as during such voyage, unless in arrival. any case it shall have been expressly stipulated and agreed between any such passenger and the master of such ship that such passenger shall not be entitled to such provision or maintenance during the said period of forty-eight hours, or unless in the ulterior prosecution of her voyage any such ship shall quit any such port or place within the said period of forty-eight hours.
XVI. That if any ship carrying passengers on any voyage from any Penalties in port or place in the united kingdom, or in the islands of Guernsey, Jer- case of insey, Alderney, Sark, or Man, on any voyage to or for any port or place fringement of out of Europe, and not being in the Mediterranean sea, shall carry any
the preceding number of passengers exceeding by more than one person in fifty the enactments. proportion authorized and allowed by this present act; or if such ship shall not be of the height between decks herein-before required ; or if such a platform as herein-before directed shall not be laid and contiuued throughout the whole duration of any such voyage in such manner as is herein-before required; or if there 'shall be more than two tiers of berths; or if there shall not be throughout the whole duration of any such voyage such an interval as is herein-before prescribed between the deck and the floor of the lower tier of berths; or if any such ship shall clear out and put to sea not having on board such water and provisions as aforesaid, for the use and consumption of the said passengers, of the kind and to the amount and in the proportion herein-before required ; or if a table of the prices of provisions or stores shall not be exhibited as herein-before required ; or if any higher prices than are named in such
No. XXXII. table shall be charged; or if there shall not be on board any such vessel 5 & 6 W.4, such medical practitioner as aforesaid, or such medicines and other c. 53.
things necessary to the medical treatment of the passengers, as is herein-before required; or if any such ship shall be cleared out before such lists of passengers as herein-before mentioned shall have been delivered in manner and form aforesaid to such officer as aforesaid ; or if any such list shall be wilfully false ; or if the copy or abstract of this act be not produced as herein-before required; or if any passenger shall not be allowed to continue on board such ship in manner herein-before provided; or if any passenger shall, without his or her previous consent, be put on shore at any place other than the place at which the master had contracted to land such passenger ; the master of any such ship shall for and in respect of each and every such offence be liable, on such summary conviction as herein-after mentioned; to the payment of a fine of not less than five pounds nor more than twenty pounds
sterling British money. The right of XVII. Provided nevertheless, That nothing herein contained shall action of pas- take away or abridge any right of suit or action which may accrue to sengers not to
any passenger in any such ship, or to any other person, in respect of be taken away the breach or nonperformance of any contract made or entered into beor abridged.
tween or on the behalf of any such passenger or other person, and the
master, owner or owners of any such ship. Prosecution XVIII. That all indictments or informations against any person or and recovery of persons for or in respect of any offences by them committed or alleged penalties. to have been committed under this act, and that all proceedings for the
recovery of any fines, penalties, or forfeitures incurred or alleged to have been incurred by any person or persons under this act, shall be preferred and prosecuted by any person or persons whomsoever, and shall be proceeded with and determined before such and the same courts, magistrates, and justices of the peace, and in such and the same manner, and by such and the same persons, and with, under, and subject to all such and the same rules, provisoes, conditions, and restrictions, as in the case of any indictments or informations preferred or proceedings taken for or in respect of any offence committed, or for the recovery of any fines, penalties, or forfeitures incurred, under any act of parliament now in force for the prevention of smuggling, or relating to the customs or to trade or navigation : Provided always, That in order to the preferring, prosecuting, proceeding with, or determining any such indictments or informations under this present act, the direction or consent of the commissioners of customs shall not be necessary or required, any thing in such acts of parliament as aforesaid to the contrary in
anywise notwithstanding. Masters of ves
XIX. And for the more effectually securing the observance of the sels to enter aforesaid rules, and the payment of the penalties aforesaid ; be it furinto bond ther enacted, That before any ship carrying passengers shall clear out (without
for any such voyage as aforesaid from any port or place in the united stamps) for the kingdom, or in the said islands of Guernsey, Jersey, Alderney, Sark, or due perform Man, to or for any port or place out of Europe, and not being in the ance of the regulations
Mediterranean sea, the master of the said ship shall enter into a bond prescribed by
to his Majesty, his heirs and successors, with one good and sufficient surety, to be approved by the collector or other chief officer of customs at such port, in the sum of one thousand pounds, the condition of which bond shall be that the said ship is sea-worthy, and that all and every the rules and regulations made and prescribed by this act for the carriage of passengers shall be well and truly performed before and during such intended voyage, and that all penalties, fines, and forfeitures which the master of such ship may be sentenced or adjudged to pay for or in respect of the breach or nonperformance, before or during such
voyage, of any such rules and regulations, shall be well and truly paid : Liinitation of Provided always, That such bond shall be without stamps, and that no prosecutions. such bond shall be put in suit, and that no prosecution, suit, action,
or information shall be brought under or by virtue of this act, or upon
or by reason of the breach of any of the provisions thereof, in any of No. XXXII. his Majesty's possessions abroad after the expiration of twelve calendar 5 & 6 W. 4, months next succeeding the commencement of any such voyage as
c. 53. aforesaid, nor in the united kingdom or any of the islands before mentioned after the expiration of twelve calendar months next after the return of the master to the port or place from which he sailed on such voyage.
XX. That nothing in this act contained shall extend or be construed Exception of to extend to ships carrying passengers in cases in which the number of particular kinds persons, computed in manner herein-before provided, shall not exceed of ships. one person for every five tons of the registered burthen of such ship; nor shall any thing in this act contained extend to any ship in the service of the lords commissioners of his Majesty's admiralty, or in the service of his Majesty's postmaster general, or in the service of the East India company
XXI. And be it further enacted and declared, That the Bahama Bahamas, &c. islands, and all places in America southward of the same, shall be to be deemed deemed to be in South America for the purposes of this act.
[No. XXXIII.] 5 & 6 W. IV. c. 56.-An Act to regulate
the Admeasurement of the Tonnage and Burthen of the Merchant Shipping of the United Kingdom.
[9th September 1835.] WHEREAS by an act passed in the third and fourth years of the 3 & 4 W. 4,
reign of his present Majesty, for the registering of British vessels, c. 55. certain rules are established for ascertaining the tonnage of ships as well on shore as afloat, and of vessels propelled by steam; and the account of such tonnage, whenever the same shall have been ascertained according to the rules therein prescribed (except in the case of ships admeasured afloat), it is thereby enacted shall be deemed the tonnage of such ships, and shall be repeated in every subsequent registry of such ships, unless any alteration shall have been made in their form and burthen, or unless it be discovered that the tonnage had been erroneously computed: And whereas it is considered that the capacity of a ship is the fairest standard by which to regulate its tonnage, that internal measurements will afford the most accurate and convenient method of ascertaining that capacity, and that the adoption of such a mode of admeasurement will tend to the interests of the ship builder and the owner, as well as to the proper collection of the dues which by law are payable on Rules estatonnage ; and it is expedient to alter and amend the law in this respect: Wished by Be it therefore enacted, &c., That from and after the commencement of recited act for this act so much of the said recited act as establishes rules for ascer- ascertaining taining the tonnage of ships shall be and the same is hereby repealed so tonnage refar as respects the merchant shipping of the united kingdom to be pealed. thereafter registered.
II. That from and after the commencement of this act the tonnage of the rule by every ship or vessel required by law to be registered shall, previous to which tonnage her being registered, be measured and ascertained while her hold is of vessels is to clear, and according to the following rule ; (that is to say,) divide the be ascertained. length of the upper deck between the afterpart of the stem and the forepart of the stern-post into six equal parts. Depths : At the foremost, the middle, and the aftermost of those points of division, measure in feet and decimal parts of a foot the depths from the under side of the upper deck to the ceiling at the limber strake. In the case of a break in the upper deck, the depths are to be measured from a line stretched in a continuation of the deck. Breadths : Divide each of those three depths into five equal parts, and measure the inside breadths at the following points ; videlicit, at one fifth and at four fifths from the upper deck of the foremost and aftermost depths, and at two fifths and four
of steam ves
No. XXXIII. fifths from the upper deck of the midship depth. Length: At half the 5 & 6 W. 4, midship depth measure the length of the vessel from the afterpart of the
stem to the forepart of the stern-post; then to twice the midship depth add the foremost and the aftermost depths for the sum of the depths ; add together the upper and lower breadths at the foremost division, three times the upper breadth, and the lower breadth at the midship division, and the upper and twice the lower breadth at the after division, for the sum of the breadths; then multiply the sum of the depths by the sum of the breadths, and this product by the length, and divide the final product by three thousand five hundred, which will give the number of tons for register. If the vessel have a poop or half deck, or a break in the upper deck, measure the inside mean length, breadth, and height of such part thereof as may be included within the bulk-head ; multiply these three measurements together, and dividing the product by 92:4, the quotient will be the number of tons to be added to the result as above found. In order to ascertain the tonnage of open vessels, the depths are to be measured from the upper edge of
the upper strake. Tonnage when III. That the tonnage or burthen of every ship belonging to the ascertained to united kingdom, ascertained in the manner herein-before directed, shali, be entered on in respect of any such ship which shall be registered after the comregister. mencement of this act (except as herein-after excepted), be inserted in
the certificate of the registry thereof, and be taken and deemed to be the
tonnage or burthen thereof for all the purposes of the said recited act. Mode of ascer
IV. Provided always, That in each of the several rules herein-before taining tonnage prescribed, when applied for the purpose of ascertaining the tonnage of
any ship or vessel propelled by steam, the tonnage due to the cubical sels.
contents of the engine room shall be deducted from the total tonnage of the vessel as determined by either of the rules aforesaid, and the remainder shall be deemed the true register tonnage of the said ship or vessel. The tonnage due to the cubical contents of the engine room shall be determined in the following manner; that is to say, measure the inside length of the engine room in feet and decimal parts of a foot from the foremost to the aftermost bulk-head, then multiply the said length by the depth of the ship or vessel at the midship division as aforesaid, and the product by the inside breadth at the same division at two fifths of the depth from the deck taken as aforesaid, and divide the last product by 92-4, and the quotient shall be deemed the tonnage due
to the cubical contents of the engine room. Length and
V. Provided always, That the tonnage due to the cubical contents of cubical con
the engine room and also the length of the engine room shall be set tents of engine
forth in the certificate of registry as part of the description of the ship room to be set or vessel, and that any alteration of such tonnage due to the cubical forth in de- contents of the engine room or of such length of the engine room, after scription of registry, shall be deemed to be an alteration requiring registry de novo steam vessel.
within the meaning of the said act for the registering of ships or
vessels. For ascertain- VI. That for the purpose of ascertaining the tonnage of all such ing tonnage of ships, whether belonging to the united kingdom or otherwise, as there vessels when shall be occasion to measure while their cargoes are on board, the folladen. lowing rule shall be observed and is hereby established; (that is to say,)
Measure, first, the length on the upper deck between the afterpart of the stem and the forepart of the stern-post ; secondly, the inside breadth on the underside of the upper deck at the middle point of the length; and, thirdly, the depth from the underside of the upper deck down the pump-well to the skin; multiply these three dimensions together, and divide the product by one hundred and thirty, and the quotient will be
the amount of the register tonnage of such ships. Amount of VII. That the true amount of the register tonnage of every merchant register ton- ship or vessel belonging to the united kingdom, to be ascertained ac
cording to the rule by this act established in respect of such ships, shall carved on main be deeply carved or cut in figures of at least three inches in length
nage to be
on the main beam of every such ship or vessel, prior to her being No. XXXIII. registered
5 & 6 W. 4, VIII. Provided always, That nothing herein contained shall extend to alter the present measure of tonnage of any ship or vessel which shall have been registered prior to the commencement of this act, Not to alter unless in cases where the owners of any such ships shall require to tonnage of have their tonnage established according to the rule herein-before pro- vessels already vided, or unless there shall be occasion to have any such ship admea- registered. sured again on account of any alteration which shall have been made in the form or burthen of the same, in which cases only such ships shall be re-admeasured according to the said rule, and their tonnage registered accordingly.
IX. That this act shall commence and take effect upon and from the Commencefirst day of January one thousand eight hundred and thirty-six. ment of act.
[No. XXXIV.] 5 & 6 W. IV. c. 66.–An Act to amend the Law relating to the Customs.
[9th September 1835.]
[No. XXXV.) 5 & 6 W. IV. c. 67.-An Act for the im
provement of the Navigation of the River Shannon.
[By the act for the prevention of smuggling, 3 & 4 W 4, c. 53, it is enacted, “That every person who by way of insurance or otherwise shall undertake or agree to deliver any goods to be imported from beyond the seas into any port or place in the united kingdom without paying the duties due on such importation, or any prohibited goods, or who in pursuance of such insurance or otherwise shall deliver, or cause to be delivered, any uncustomed or prohibited goods, and every aider or abettor of such person, shall for every such offence forfeit the sum of five hundred pounds over and above any other penalty to which by law he may be liable; and every person who shall agree to pay any money for the insurance or conveyance of such goods, or shall receive or take such goods into his custody or possession, or suffer the same to be so received or taken, shall also forfeit five hundred pounds, over and above any penalty to which by law he may be liable on account of such goods."]
(1) It has been held that to render a policy valid within the meaning of the 14 G. 3, c. 48 (see Evans's statutes, 2 vol. part 3, class 3,] the party for whose benefi it is effected must have a pecuniary interest in the life or event insured ; and that therefore a policy effected by a father in his own name on the life of his son, he not having any pecuniary interest therein, was void.Halford v. Kymer, 10 B. & C. 724.