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remain in force for the space of one year from the date thereof, and no longer. $1.
Proportion of adult persons, or children. It shall not be lawful for any master of any ship so licensed for the conveyance of passengers, which shall clear out from any port in the United Kingdom of Great Britain and Ireland, to have on board at or after being cleared out at any one time, or to convey, carry, or transport from any port or place in Great Britain or Ireland respectively, in any such ship, a greater number of persons (exclusive of the ordinary crew of such ship or vessel) than in the proportion of five adult persons, or of ten children under fourteen years of age, or of fifteen children under seven years of age, for every four tons of the burthen of such ship; and every such ship shall be deemed to be of such tonnage as is set forth in the respective certificate of the registry of such ship; and if any such ship shall be partly laden with goods, wares, or merchandise, or horses or carriages, then it shall not be lawful for the master to receive or take on board a greater number of persons (exclusive of the ordinary crew) than in the proportion of five adult persons, or of ten children under
fourteen years of age, or of fifteen children under seven years of age, for every four tons of that part of such ship which shall remain unladen; and such goods, &c. with which such ship may be partly laden shall, at the sight and under the direction of the collector or comptroller or other officer of the customs, at the port or place where such goods shall be taken on board, be stowed and disposed of in such a manner as to leave good, sufficient, and wholesome accommodation for the proportion of persons hereby allowed in such case to be received on board. $ 2.
Penally on taking passengers without licence. If any master of any such ship shall take on board any passenger, or if the owner shall engage to take on board any passenger beyond the number of twenty as aforesaid, without such licence being previously obtained by such master, &c. every such master, &c. shall forfeit the sum of fifty pounds ; and if any master shall take on board, or if he or the owner shall engage to take on board a greater number of persons than in the proportion allowed by this act, such master, &c. shall forfeit the sum of five pounds for each and every or any such person, exceeding in number the proportion hereinbefore limited; and every such ship so having on board, or conveying or carrying any greater number than twenty persons without such licence as aforesaid first had and obtained, shall and may be seized and detained by the collector, comptroller, surveyor, or officer of the customs, until such penalty of fifty pounds shall be satisfied and paid. $ 3.
Merchant vessels, &c. not to carry more than a certain number.—No master of any trading or coasting vessel, (not being wholly employed in the conveyance of passengers, and not licensed to carry any passengers pursuant to this act,)—whether such ship or vessel shall be laden in part or in the whole with goods and merchandise, (not being the baggage of or belonging to any passengers,) - or shall be employed in the carriage or conveyance of cattle or pigs,-or shall be in ballast, shall sail from any port or place in Great Britain to any port or place in Ireland, or from any port or place in Ireland to any port or place in Great Britain, with a greater number of persons than ten (exclusive of the ordinary crew of such ship or vessel) if such ship shall be of the burthen of one hundred tons or under, nor a greater number of persons than twenty (exclusive of the ordinary crew) if such ship shall be of a burthen
greater than one hundred tons, and not exceeding the burthen of two hundred tons; and if more persons shall be found or taken on board than in the proportion herein allowed, every such master shall forfeit the sum of five pounds for every person so taken on board beyond such proportion. $ 4.
An abstract of this act shall be printed under the direction of the commissioners of his Majesty's customs, and a printed copy shall be hung up in the custom-house of every port of the United Kingdom, and a printed copy of such abstract, and also a copy of the licence granted to the captain or owners of such ship, and a notice or statement of the number of persons allowed to be carried in such vessel, shall be hung up and affixed in some conspicuous place on the deck and in the cabin of every vessel carrying passengers under the regulations of this act; and the master shall cause the said copies to be kept and renewed, so that the same may be at all times accessible to every person on board such ship, upon pain of forfeiting the sum of ten pounds. $5.
Not to extend to certain vessels.- Provided that nothing in this act to extend to ships in the service of his Majesty, or post-master-general, or of the commissioners of customs and excise, or of the East India Company; nor to any ship of the burthen of two hundred tons or upwards, nor to any ship employed in carrying troops. $ 6.
Penalties may be recovered hefore one justice of the peace.-All penalties and forfeitures for any offence against this act shall be recovered within three calendar months, in a summary way, by the order and adjudication of any one justice of the peace for the county or place in which the port shall be situate, from which any such vessel shall depart, or at which any such vessel shall arrive, on complaint to such justice for that purpose exhibited; and such penalty shall be levied, as well as the costs of such proceedings, on nonpayment, by distress and sale of the goods and chattels of the offender by warrant under the hand and seal of such justice; and such justice is hereby authorized and required to summon before him any witness, and to examine him upon oath, of and concerning such offences, and to hear and determine the same; and the overplus (if any) of the money so levied or recovered, after discharging the penalty or forfeiture for which such warrant shall be issued, and the costs, shall be returned upon demand to the owner of the goods or chattels so seized or distrained; and in case such penalty or forfeiture shall not be forth with paid, then it shall be lawful for such justice to order the offender to be detained and kept in safe custody, until return can be conveniently made to such warrant of distress, unless the offender shall give sufficient security for his appearance before such justice on such day as shall be appointed, not being more than seven days from the time of taking any such security; but if upon the return of such warrant it shall appear that no sufficient distress can be had thereupon, then it shall be lawful for sueh justice, or any other justice of the peace for such county or place as aforesaid, to cause such offender to be committed to the gaol of such county or place, there to remain, without bail or mainprize, for any term not exceeding two calendar months, unless such penalty and all reasonable charges shall be sooner paid ; and one moiety of such penalty shall be paid to the person who shall sue for the same, for his use and benefit, and the other moiety to the use of his Majesty. $7.
Persons aggrieved may appeal to quarter sessions.—Provided that if any person shall think himself aggrieved by any conviction in pursuance of this act, it shall be lawful to appeal to the justices of the peace at the next general quarter session of the peace to be holden for the county or place, such appellant (if there be sufficient time after the cause of such complaint shall have arisen) first giving ten days' notice at least in writing of his intention of bringing such appeal, to the justice whose conviction shall be so appealed against, and within seven days next after such notice entering into a recognizance before the said justice, with two sufficient sureties conditioned to try such appeal, and to abide the order of such justices at sessions thereon, and to pay such costs as shall be awarded by the justices at such quarter sessions ; and for want of sufficient time for giving such notice previous to the quarter sessions next after the cause of such complaint shall have happened, then such appeal, after such notice and under such recognizance, may be made at the second general quarter sessions of the peace to be holden for such county or place, &c.
8 8. Proceedings not to be quashed for want of form. Limitation of actions, &c. $ 9, 10,
9 Geo. IV. c. 47.
An Act for regulating the retail of exciseable Articles and Commodities
to Passengers on board of Passage Vessels from one part to another of the United Kingdom.
Master, &c. may be licensed to retail wine, &c. to passengers.--The commissioners of excise in England, and the commissioner and assistant commissioners of excise in Scotland and Ireland respectively, may at any time grant a licence to any master of any packet, boat, or other vessel employed for the carriage and conveyance of passengers from one part of the United Kingdom to another, or other parts thereof, or to any other person belonging to any such packet, boat, or vessel, who shall be nominated and approved of by the owner or director thereof, residing in England, Scotland, or Ireland respectively, (such nomination and approval being signified by their writing and subscribing a certificate or declaration, to be delivered by them to the commissioners of excise of that part of the United Kingdom in which the owner, director or directors, reside, or to such person as such commissioners in England shall appoint for that purpose,) to provide for, and to supply, retail, and sell to the passengers on board such vessel, to be consumed by them in and on board thereof during the voyage on which such passengers shall be then carried and conveyed, foreign wine, strong beer, cyder, perry, spirituous liquors, and tobacco; and that such licence shall continue in force until the 5th day of July next ensuing the date thereof; and such licence shall be transferable, by an indorsement thereon of such transfer, subscribed by the person to whom and in whose name the same shall have been granted, bis executors or administrators, or by any assignee thereof, his executors or administrators, to any other master, or any other person of or belonging to the said vessel : or in case of the loss or breaking up of any such vessel before the expiration of any such licence, to the master or any other person of or belonging to any other vessel, of the same owners or companies, substituted in lieu of the said vessel in respect of which such licence was granted, and nominated and approved of by the owners of such vessels, or the directors of such companies; such nomination, approval; and transfer being signified by the subscription of such owners as aforesaid, or their executors, &c. or of such directors, to such indorsement; and that every such licence shall
from year to year be renewed before the expiration of the licence granted for the preceding year. $ 1.
Duty on licence, one pound to be paid at time of granting. 2.
Penalty for selling wines, &c. without licence.--If any person shall retail or sell on board any packet, boat, or other vessel employed for the carriage or conveyance of passengers from one part of the United Kingdom to another part thereof, any foreign wine, strong beer, cyder, perry, spirituous liquors, or tobacco, without having taken out such licence, every such person shall for every such offence incur a penalty of ten pounds. $ 3.
Not to affect any regulation, &c. respecting smuggling.–Nothing in this act shall extend to repeal any regulation, penalty, or forfeiture contained in or imposed by any law in force at the time of passing this act (July 15, 1928) for or in respect of any person carrying, removing, hiding, concealing, or landing any spirits, or any other goods or commodities, on which the duties of excise chargeable and payable thereon have not been fully paid, or for or in respect of any vessel used or employed for that purpose. $ 6.
Steam-vessels, in the ports, &c. of Ireland.-By 9 Geo. IV. c. 11, (after reciting that by various Irish acts certain provisions were introduced whereby ships and vessels are prohibited from the use of fire in certain ports, rivers, and harbours within the kingdom of Ireland,) it is enacted, that from the passing of this act (April 3, 1828,) it shall be lawful to light and use fires on board all ships, vessels, boats, or barges propelled by steam, in or upon any port, harbour, river, canal, or lake, or any part thereof in Ireland : any act to the contrary notwithstanding.
For the regulations for carrying ALIENS between Great Britain and Ireland, see the next Chapter.
Decided Cases. Passengers must be considered to some purposes as only a portion of the crew at large. Thus, they may be lawfully called on by the master or commander of the vessel, in case of imminent peril by tempest or capture, to contribute their assistance for the general safety, and may, of course, be punished for disobedience by such master or commander; for an exemption altogether from this contract might not only be incompatible in some cases with the preservation of the ship, on account of a deficiency of physical strength, but also on account of the example which it affords the crew, in general, to disobedience. This principle has been recognised in several cases; but it has been observed, that this authority, arising out of the necessity of the case, must be exercised strictly within the limits of that necessity. Boyce v. Bailiffe, 1 Campb. 58.
The number of passengers is to be regulated by the registered ton. nage of the vessel; and therefore where a vessel registered at 230, but in fact measuring 269 tons burthen, carried passengers in proportion to her measured tonnage, it was held that she was to be deemed only of the tonnage described in the certificate of registry, and that her actual tonnage could not be taken into consideration. Bishop v. Mackintosh, 4 Dowl. and Ry. 42.
Custom House, LONDON,
3d February, 1831. The Board having had under consideration the present practice of passing entries for articles found in passengers’ baggage brought to the King's warehouse, and being of opinion that passengers are too frequently exposed to unnecessary delay and expence in the mode at present pursued, direct the following regulations to be established, viz. 1st. That bills of sight shall not be required for the examination of
passengers' baggage brought to the King's warehouse, whether accoinpanied by the proprietor or not.
2d. That passengers' baggage, unaccompanied by the proprietor, be
landed under baggage sufferances, in conformity with the Board's Minutes of the 17th May, 1816, 5th January and 19th April, 1817, 17th March, 1818, and 12th August, 1825, for which sufferances no charge is to be made.
3d. That passengers' baggage, accompanied by the proprietor, be
brought to the warehouse without sufferances in charge of the proper
officer as at present. 4th. That books, plate, or other articles contained in passengers' bag
gage, on which drawback might have been received on exportation, be delivered upon the oath of the passenger that no drawback was received thereon.
5th. That when a package containing passengers' baggage has no article
liable to duty, the same shall be immediately delivered without any charge for warehouse rent, provided the package has not been more than a week in the King's warehouse.
6th. That the proprietor be allowed to abandon any article he may
consider not worth the duty.
7th. That in all cases in which there is found in the baggage of any
passenger any article liable to duty, brought for private use and not as merchandise for sale, no charge be made for passing the entry where the duty amounts to less than 20s.-nor more than 1s. in any
case where the duty does not amount to more than £5. 8th. That whenever it shall appear that any licensed agent employed by
passengers to clear their baggage has charged the parties for customs duties and entry, or for any other disbursement, more than he has actually paid, the board will take measures for withdrawing his licence, and for putting his bond in suit.
Note. It is to be distinctly understood that the above regulations apply solely to the
baggage of passengers, and not to any goods brought as merchandise for sale :such goods must be regularly manifested, reported, and entered, and the regulation of the law in all respects strictly complied with.