having on board such Ship's Cook and cooking Apparatus as herein is required, the Master of the said Ship shall be liable to a Penalty not exceeding Fifty Pounds. IV. And be it enacted, That whenever any Ship shall carry Ships carrying One hundred or more Passengers on any such Voyage as aforesaid, Passengers to there shall be on board a Surgeon duly qualified as herein-after have a Surgeon, mentioned, or in default thereof it shall not be lawful for any else Number such Ship to carry more Passengers on the Deck upon which the Passengers live than in the Proportion of One Passenger to every Fourteen Superficial Feet so occupied and appropriated as aforesaid. to be limited. V. And be it enacted, That in the Calculation of such Propor- Computation of tion every Child above the Age of One Year shall be computed as Children. One Passenger. VI. And be it enacted, That every such Surgeon as aforesaid Qualification of shall be a Person duly qualified by Law to practise in the United Surgeon. Kingdom as Physician, Surgeon, or Apothecary, and who shall not be objected to by the said Emigration Officer. No Ship to proceed until the Chest and Pas Medicine sengers have VII. And be it enacted, That, except as herein-after provided, no Ship shall clear out or proceed on any such Voyage as aforesaid, until the said Surgeon, or, in case of Ships not carry ing Surgeons, until some Medical Practitioner, to be appointed by the said Emigration Officer, shall have inspected as well been inspected the Medicine Chest of the said Ship as the Passengers on board, by a Medical and shall certify to the said Emigration Officer that the said Ship Practitioner. contains a sufficient Supply of Medicines, Instruments, and other Things requisite for the Medical Treatment of the Passengers during the intended Voyage, and that none of the Passengers appear to him likely, by reason of being affected by any infectious or other Disease, to endanger the Health of the Persons on board: Provided always, that the Master, Owner, or Charterer of every Remuneration Ship inspected by any Medical Practitioner so appointed as afore- of Medical said shall pay to such Medical Practitioner a Sum, to be fixed by Practitioner. the said Emigration Officer, not exceeding Twenty Shillings for every Hundred Passengers: Provided also, that in case on any If no Medical particular Occasion it shall be deemed by the Emigration Officer Practitioner impossible to obtain the Attendance of such Medical Practitioner, can be obtained, it shall be lawful for the Master of any such Ship to clear out and Ship may proproceed on her Voyage, on receiving from the said Emigration Officer written Permission for the Purpose. ceed. be re-landed. VIII. And be it enacted, That in case any such Surgeon or Passengers Medical Practitioner shall notify to the Emigration Officer at the affected with original Port of Clearance, or at any other Port or Place in the Diseases may United Kingdom into which the Vessel may subsequently put, or in case the said Emigration Officer shall be otherwise satisfied, that any Person about to proceed on such Voyage as aforesaid is likely, by reason of being affected by any infectious or other Disease, to endanger the Health of the other Persons on board, it shall be lawful for such Officer to re-land, or cause to be relanded, any such Person, and such Members of his Family, if any, as may be dependent on him, or as may be unwilling to be separated from him; and no Ship shall be cleared out or proceed Penalty for on any such Voyage so long as any such Person or Persons shall wilfully proceeding with be on board, and the Master of any such Ship who shall wilfully diseased Perproceed sons on board. Passengers so re-landed en proceed on the said Voyage with any such Person or Persons on board shall be liable to a Penalty not exceeding Fifty Pounds Sterling. IX. And be it enacted, That any Person or Persons who shall be so re-landed as aforesaid, or the Emigration Officer on his or titled to recover their Behalf, shall be entitled to recover by summary Process, Passage Money before Two or more Justices of the Peace, in like Manner as in by summary Process before the said first-recited Act is provided in the Cases of Monies Two Justices. thereby made recoverable, the whole of the Monies which shall have been paid by him or them, or on his or their Account, for his or their Passage in such Ship as aforesaid, from the Party to whom the same may have been paid, or from the Owner, Charterer, or Master of such Ship. Her Majesty may issue Or ders in Council for preserving Order, &c. on board Vessels. Gazette, and Copies printed by the Queen's Printer, to be Obedience to Penalty for refusing to ob serve Rules and Regulations. Land and Emigration Com. missioners to prepare an Abstract of Acts and Orders in Council. Such Abstract to be posted up in each Ship. X. And be it enacted, That it shall be lawful for Her Majesty, by any Order or Orders in Council to be by Her made, with the Advice of Her Privy Council, to prescribe any such Rules and Regulations as to Her Majesty may seem fit for preserving Order, and for securing Cleanliness and Ventilation, on board of British Ships proceeding on such Voyage as aforesaid, and the said Rules and Regulations from Time to Time in like Manner to alter, amend, and revoke as Occasion may require; and that any Copy of such Order in Council contained in the London Gazette, or purporting to be printed by the Queen's Printer, shall, throughout Her Majesty's Dominions, be received in all legal Proceedings as good and sufficient Evidence of the making and Contents of any such Order in Council. XI. And be it enacted, That in every British Ship it shall be lawful for the Surgeon, or, in Ships not having a Surgeon on board, for the Master of any such Ship, to exact Obedience to all such Rules and Regulations as aforesaid, under the Penalties next herein-after provided. XII. And be it enacted, That any Person on board such Ship who shall neglect or refuse to obey any such Rule or Regulation, or who shall obstruct the Master or Surgeon of such Ship in the Execution of any Duty imposed upon him by such Rule or Regu lation, shall be liable to the Payment of a Penalty not exceeding Two Pounds Sterling; and it shall be lawful for the Justices of the Peace in any Part of Her Majesty's Dominions, before whom any Person shall be convicted of such Obstruction or Resistance as aforesaid, to order such Person, in addition to the Penalty herein-before mentioned, to be confined in the Common Gaol for any Period not exceeding One Month. XIII. And be it enacted, That the said Colonial Land and Emigration Commissioners shall from Time to Time prepare such Abstract as they may think proper of the whole or Part of this and of the said recited Acts, and of any Order in Council to be made as aforesaid; and that Six Copies of the said Abstract, together with Two Copies of this and of the said recited Acts, shall, on Demand, be delivered by the Collector or Comptroller of the Customs of the Port of Clearance to the Master of every Ship carrying Passengers on such Voyage as aforesaid; and that such Master shall, so long as any Passenger be entitled to remain in the Ship, keep posted, in at least Two conspicuous Places between the Decks of the said Ship, Copies of such Abstract, and shall be liable to a Penalty not exceeding Forty Shillings Sterling for every Day Penalty for XIV. And be it enacted, That all Penalties imposed by this How Penalties Bond required by first-recited Act to be Secu rity for Observ ance of Pro XV. And be it enacted, That the Bond required by the said herein-before firstly-recited Act to be given in certain Cases to Her Majesty in respect of Ships carrying more than Fifty Passengers shall include and be a Security, not only for the Matters and Payments in the said Act mentioned, but also for the faithful visions of se Observance of the Provisions as well of the said herein-before condly-recited secondly-recited Act as of this Act, and of any Rules and Regula- Act and this tions to be prescribed by any such Order in Council as aforesaid, Act. and further for the due Payment by the Master of any such Vessel of all Penalties which he may be adjudged to pay under or by virtue of the said herein-before secondly-recited Act or of this Act. XVI. And be it enacted, That all Powers and Duties given to Duties of Emior imposed upon the Emigration Officer herein-before mentioned gration Officer may be exercised and performed respectively by his Assistant in may be perhis Absence, or, at Ports where there shall be no such Emigration formed by his Officer, by the Officer of the Customs whose Duty it may be to grant a Clearance to such Ship. Assistant. XVII. And be it enacted, That in the Interpretation of this Interpretation Act the Term "Passenger" shall be held not to include the Class of Act. of Passengers commonly known by the Name of Cabin Passengers; and the Term "Ship" shall include every Description of Sea-going Vessel; and the Term "Master" shall include any Person being in Command of such Vessel for the Time being; and that, unless there be something in the Subject Matter or Context repugnant to such Construction, every Word importing the Singular Number or the Masculine Gender only shall be construed to include several Persons, Matters, or Things, as well as one Person, Matter, or Thing, and Females as well as Males respectively. less than One XVIII. Provided always, and be it enacted, That nothing in Exemption of this Act contained shall apply to any Ship in which the Number Ships carrying of Passengers shall not bear to the registered Tonnage a greater Passenger to Proportion than that of One Passenger to every Twenty-five Tons: 25 Tons. Provided also, that if in any Action, Prosecution, or other legal In certain Proceeding under this Act any Question shall arise whether any Actions as to Ship carrying Passengers on any such Voyage as aforesaid did or Ships carrying did not carry a greater Number of Passengers than aforesaid in Passengers, proportion to the Tonnage thereof, the Burden of proving that the Proof to lie on Number of Passengers so carried in proportion to the Tonnage of the Ship was not greater than that of One Person to every Twentyfive Tons shall lie upon the Person against whom any such Action, Prosecution, or other legal Proceeding may be brought; and, failing such Proof, it shall, for any such Purpose as aforesaid, be taken and adjudged that the Number of Passengers so carried did exceed that Proportion. XIX. And 11 & 12 VICT. D Defendant. Short Title of Act. Continuance of Act. Act may be amended, &c. 5&6 Vict. c. 22. So much of recited Act as relates to First class Prisoners repealed. What Persons shall compose First-class Prisoners after passing of this Act. XIX. And be it enacted, That in all Proceedings it shall be sufficient to cite this Act by the Title of "The North American Passengers Act." XX. And be it enacted, That this Act shall remain in force for the Period of One Year from the passing thereof, and from thence to the End of the then next Session of Parliament. XXI. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament. CA P. VII. An Act to amend an Act for consolidating the Queen's II. And be it enacted, That from and after the passing of this Thirdly.-Bankrupts against whom a Warrant may be issued III. And III. And be it enacted That this Act shall be and is hereby Indemnity to declared to be a full and complete Indemnity and Discharge to Secretary of Her Majesty's Secretary of State and to the Keeper of the Queen's State and others Prison respectively, and to all Persons acting under his or their for Acts already done in regard Authority and Control, for all Things heretofore done or permitted to Classification to be done by the said Secretary of State or by the said Keeper of Prisoners, &c. or other Persons in regard to the Classification of the Prisoners in the Queen's Prison, and that the same shall not be questioned or impeached in any Court of Law or Equity whatsoever to the Prejudice or Detriment of the said Secretary of State or the Keeper of the Queen's Prison, or any Persons acting under his or their Authority and Control. IV. And be it enacted, That the Person appointed to act as In case of I'lDeputy Keeper of the Queen's Prison in case of the Illness or ness, &c. of unavoidable Absence of the Keeper shall have all the Powers and Keeper, Deputy execute all the Duties of the Keeper of the Queen's Prison, and Keeper to act. the Keeper of the Queen's Prison shall be civilly responsible for all Acts and Omissions of his Deputy Keeper. V. And be it enacted, That every Tipstaff of the High Court of Tipstaffs of Chancery, and of the Courts of Queen's Bench, Common Pleas, Court of Chanand Exchequer, shall and he and they is and are hereby required cery, &c. to to give such Security, by Bond or otherwise, to the Keeper of the to Keeper for Queen's Prison for the Time being as the Commissioners of Her faithful DisMajesty's Treasury or any Three or more of them shall direct, charge of for the faithful Discharge of the Duties intrusted to them as such Duties. Tipstaffs of the said Courts respectively in regard to any Prisoners confined in the Queen's Prison; and the said Tipstaffs shall and they are hereby required to obey all such Directions and Instructions as they or either of them may from Time to Time receive from the said Keeper of the Queen's Prison or his Deputy in respect of such Prisoners; and every Tipstaff of the said Courts neglecting or refusing to give such Security when required so to do, or not obeying the Directions and Instructions of the Keeper of the Queen's Prison or his Deputy, shall for every such Default forfeit and pay the Sum of One hundred Pounds, to be recovered in any of Her Majesty's Courts of Law, in such Manner as the said. Commissioners of Her Majesty's Treasury may direct. Penalty on Tipstaffs neglecting to give Security or disobeying Instructions. reducing Penal VI. And whereas under the Provisions of Acts heretofore Former Pro'passed certain Penalties or Terms of Imprisonment are imposed visions as to upon Persons convicted of carrying or taking any spirituous or ties, &c. for * fermented Liquor into any Prison, and Power has been given by introducing 'subsequent Acts to any Justice or Justices of the Peace before Liquors into 'whom the Offender is convicted to reduce or lessen the Penalty Prison no longer ' or Term of Imprisonment, and it is expedient to alter such Pro- to exist. 'visions in regard to the Queen's Prison: Be it therefore enacted, That, so far as relates to the Queen's Prison established under the Act passed in the Fifth Year of Her present Majesty's Reign, the Power to reduce or lessen any Penalty or Term of Imprisonment shall no longer exist; and if any Person, in contravention of the existing Rules of the said Prison, shall carry or take or shall attempt to carry or take into the Queen's Prison any spirituous or fermented Liquor, it shall be lawful for the Keeper of the said spirituous Prison or his Deputy, or any Turnkey or other Person acting Liquors may under his or their Authority, to apprehend or cause to be ap- taken before a prehended Justice. D 2 Persons acting contrary to Rules as to introducing be |