or principal officer of customs, to be delivered to such master, and 43 Geo. 3. shall be preserved by him on board such vessel; and the original mus. c. 56. ter-roll, delivered by such master, shall remain and be preserved at the custom house where the clearance or sufferance is granted. the voyage, Rule 5. If, upon any such muster, or otherwise, any passenger, or Persons deperson who has entered into any contract or agreement for such voy- sirous of not age (other than the crew of such vessel), shall signify to such collec- proceeding on tor or controller, or other officer of customs, or to any justice of the 5. peace or other magistrate, that he or she is desirous of being re-landed, or of not proceeding on any such voyage, it shall be lawful for such collector, controller, or other officer of customs, and such justice of the peace or other magistrate, and they are hereby required to take such person out of the vessel; and it shall be lawful for such justice of the peace or magistrate, and they are hereby required to set any such passenger free from his engagement, reserving to either party any legal claim which may arise in consequence thereof. be taken on board, § 6. Rule 6. No passenger shall be received on board any such vessel, Where pasunless at a place where a custom house shall be established, or officers sengers shall of customs shall be stationed; and if any passengers shall be taken on board any such vessel at any other place, the master of such vessel shall forfeit 500l.; and such vessel shall be seized and detained by any officer of customs, (a) until such penalty shall be paid, or such master, or the owner or owners of such vessel, shall find good and sufficient bail for the same. Rule 7. No such vessel carrying 50 persons or upwards, including surgeon, the crew, shall be cleared out, unless such vessel shall be provided with $7. a surgeon, who shall produce to the officer of customs, required to give the clearance or sufferance, a certificate of his having passed his examination at surgeons' hall, in London, or at the royal college of surgeons of Edinburgh or Dublin, or before the Medical Faculty of the University of Glasgow. (b) medicines. Rule 8. Every such surgeon shall have a medicine-chest properly Medicinestored with medicines, in proportion to the number of persons on chest, § 8. board of such vessel, of the kind and according to the assortment generally used and made for such voyages on board of His Majesty's ships of war; and before any such vessel shall be allowed to be cleared out, every such surgeon shall specify upon oath, before the Oath as to chief officer of customs, at the place from whence such vessel is to be quality of cleared out, the contents of such medicine-chest, and shall further make oath that the medicines are of good and proper quality, to the best of his knowledge and belief, which oath such officer of customs, is hereby required to administer; and the affidavit of every such sur- Where affidageon shall be deposited and preserved in the custom house where the vits to be clearance or sufferance of such vessel shall be granted, and the master or owner of every such vessel failing to provide a medicine-chest of the description above mentioned, and every such surgeon neglecting or refusing to make oath as herein directed, shall forfeit 50%. lodged. Rule 9. The bedding of each passenger on board any such vessel Bedding to shall be aired by exposure upon the deck, when the weather will per- be aired and mit, once a day during the voyage, and such vessel shall be fumigated gated, 9. (a) As to officers of army, navy, excise, &c. see TITLE 5, Rules 76, 83, 99, and 100. (b) The words in italic, are added by 59 Geo. 3. c. 124. vessel fumi 43 Geo. 3. c. 56. Bond for keeping a journal, 10. with vinegar at least twice in every week during the voyage; and every such master shall forfeit 201. for each failure or neglect in airing the said bedding, or in fumigating the vessel. Rule 10. No clearance or sufferance shall be granted to any such vessel, unless the master thereof, and also the surgeon thereof, where a surgeon is by this act required, shall have given bond to His Majesty, such bond to be taken by and left in the hands of the principal officer of customs at the place from whence such vessel shall be cleared out, in the sum of 100l. with condition that such master and such surgeon, where a surgeon is required, shall severally keep a regular and true journal, containing an account of the greatest number of persons which shall have been on board of such vessel at the time of her departure, and at any time during her voyage, and until her arrival at the port of her destination, and of the provisions and water on board, and of the delivery of the daily allowances thereof in manner herein directed, and of the airing of bedding, and of the fu migating the vessel, and of the deaths of any of the passengers or crew of the said vessel, and of the cause thereof, during the voyage, from the first departure of the said vessel, to her arrival at her port of Journals to be destination: and such master, and such surgeon, shall deliver such delivered and journals to the officer as aforesaid, at the first port of the United Kingdom where such vessel shall arrive after returning from such port of destination, and shall severally make oath to the truth of their respective journals, to the best of their knowledge and belief, before such officer, who is hereby required to administer the said oath; and such officer shall deliver to such master, and to such surgeon respectively, copies of the oaths of such master and such surgeon, and also of the said journals respectively, which copies shall severally be attested as true copies, under the hand of such officer; and duplicates Duplicates to of the said copies, attested in like manner, shall be transmitted by the said officer, to the commissioners of customs in London, Edinburgh, or Dublin respectively, according as such journal shall be delivered and such oath shall be made, in England, Scotland, or Ireland; and if such master or surgeon shall act contrary hereto, such master and surgeon shall, for each such offence, severally forfeit 100%. sworn to upon return. Copies of journals and oaths. be trans mitted. What number of pas sengers fo may take, § 11. Rule 11. It shall not be lawful for any master of any vessel, other (a) than a British vessel, owned, navigated, and registered according to reign vessels law, clearing out from any place in the United Kingdom aforesaid, to have or take on board a greater number of persons, including the crew, than in the proportion of one person for every five tons of the burthen of such vessel; and every such vessel shall be deemed to be of such tonnage or burthen as shall be ascertained by the oath of the master thereof, taken before the collector or other chief officer of customs, at the port from whence such vessel shall be cleared out, which oath the said collector or chief officer is hereby required to administer; and it shall be lawful for such chief officer to muster the passengers and crew, and to search and inspect every such vessel, and if more persons shall be found on board than in the proportion herein allowed, every such master shall forfeit 50l. for every person so taken Passengers and crew to be mustered. (a) By 56 Geo. 3. c. 114. all the regulations and penalties in the above act, with respect to foreign vessels carrying passengers, and no other, are hereby made applicable to British vessels carrying passengers from Great Britain and Ireland to the United States of America, as fully as if the same were repeated in the body of this Act. on board beyond the proportion herein allowed, and such officer (a) 43 Geo. 3. is hereby empowered to seize and detain such vessel, until such penal- c. 56. ties shall be paid. (b) Rule 12. Nothing in this act shall extend to vessels in the service Exemptions, of His Majesty, or of His Majesty's postmaster general, or of the § 12. customs and excise in Great Britain and Ireland respectively, or of the East India company. (c) Rule 13. If, after any such vessel shall have been cleared out, any Relanding, master of any such vessel shall unship, re-land, or permit to be § 18., unshipped or re-landed, any provisions or water, such master shall forfeit 201. persons not proceeding, Rule 14. If any passenger who may be desirous not to proceed on Provisions or such voyage, shall be re-landed, or shall not proceed in the manner water for hereinbefore directed, then it shall be lawful for such master to unship or re-land, under the inspection of the officer of customs at the §14. place from whence such vessel shall be cleared out, a quantity of provisions and water not exceeding the proportion sufficient for the allowance of such passengers so re-landed, hung up, § 15. Rule 15. An abstract of this act shall be prepared by and with the Abstract of direction of the commissioners of customs in England, Scotland, and act to be Ireland, respectively, and a copy thereof shall be hung up in the P custom house of every port of the United Kingdom, and a copy thereof, and a copy also of the said muster-roll, shall be hung up and affixed to the most public place of every vessel carrying passengers under the regulations of this act; and the master of such vessel shall cause the said copies to be renewed, so that the same may be at all times accessible to every person on board of such vesssel, upon pain that every such master of every such vessel, who shall neglect to affix or renew the same, shall for every such offence forfeit 201. sels at sea, 16. Rule 16. All officers commanding His Majesty's ships of war or Officers to revenue cutters, who shall meet any such vessels at sea, are hereby search vesempowered and required to call for the said muster-roll, and to search such vessel; and if any more or other persons shall be found on board than are specified in such muster-roll, or if a quantity of provisions shall not be found on board sufficient to afford to each person the daily allowances herein directed during the remainder of the voyage, unless it shall appear that such vessel has been detained on her passage, after leaving the place at which the passengers embarked, beyond the time for which the quantity of provisions hereby required are directed to be provided, or if such allowances shall not have been dealt out in the preceding part of the voyage in manner herein d'ected, then in either of these cases, such officers may seize and detain such vessel, until sufficient bail shall be given at the place to which such vessel may be carried by the order of such officers, who are hereby empowered to put hands on board to take charge of her for that purpose; and if the (a) As to officers of army, navy, excise, &c. see TITLE 5, Rules 76, 83, 99, & 100. (b) By 56 Geo. 3. c. 36. & 1. if the chief officer of customs at such port shall have any doubt as to the tonnage of any vessel as sworn to by such master, or shall be required by any person having such doubt, such chief officer shall cause such vessel to be admeasured in the manner in which a British ship is admeasured for the purpose of being registered, and such vessel, upon being so admeasured, shall be deemed to be of the tonnage or burthen ascertained by such admeasurement, notwithstanding the oath of any such master. (c) As to the Hudson's Bay company, see Rule 25 of this title. As to vessels in the Newfoundland trade, see Rules 24 and 27 of this title. 43 Geo. 3. c. 56. Bond that vessel is sea worthy, 17. Illegal sufferances, $18. How penal state of such vessel, and the provisions on board thereof, will permit, it shall be lawful for such officers to send back such vessel to the port from whence she was cleared out, or otherwise to carry such vessel into such port as the state of the provisions on board, or the supply which such officers can afford, will permit. Rule 17. No such vessel shall be cleared out, unless the owner or owners, or the master thereof, shall have given bond to His Majesty, such bond to be taken by and left in the hands of the proper officer of customs in the place from whence such vessel shall be cleared out, in an amount equal to 201. for each passenger on board such vessel, with condition that such vessel is sea-worthy, and that every such passenger, if alive, shall be landed at the port to which such passenger shall have contracted to be conveyed. Rule 18. If any officer of customs shall knowingly sign or give out any clearance or sufferance for any such vessel, contrary to the regulations of this act, every such officer shall forfeit his employment, and shall also forfeit 501. Rule 19. All sums of money, penalties, and forfeitures in this act ties paid and mentioned, shall be calculated and paid, within Great Britain in lawful money of Great Britain, and within Ireland in Irish currency. recovered, 19. When ac brought. Rule 20. In every action concerning this act the person against tions may be whom judgment shall be given for any penalty or forfeiture under this act shall pay double costs of suit: and every such action may be brought at any time within three years after the offence committed, and not afterwards. False oaths, § 20. Limitation of actions, $21. General issue. Rule 21. If any person, taking any oath by this act authorized or required to be taken, shall thereby commit wilful perjury, or if any person shall unlawfully procure or suborn any person to take any oath by this act authorized or required to be taken, whereby such person shall commit wilful perjury, every such person shall suffer the like pains and penalties as are by law inflicted upon persons committing wilful and corrupt perjury, or subornation of perjury, in Great Britain and Ireland respectively. Rule 22. If any action be brought against any person for any thing done in pursuance of this act, the said action shall be commenced within three calendar months after the fact committed, and not afterwards, and shall be brought in the county or place where the cause of action shall arise, and not elsewhere, and the defendant in such action may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance of this act; and if it shall appear to be so done, or if any such action be brought after the time before limited, or shall be brought in any other county, or place than as aforesaid, in every such Double costs. case the jury shall find for the defendant; and upon such verdict, or if the plaintiff shall become nonsuited, or discontinue his action, or if a verdict shall pass against the plaintiff, or upon demurrer judgment shall be given against such plaintiff, the defendant shall and may recover double costs, and have the like remedy for the same as any defendant hath for costs of suit in other cases by law. Artificers, હું 22. 'Rule 23. Nothing in this act shall extend to repeal, alter, or affect, any law or custom, now in force in the United Kingdom, or within Great Britain or Ireland respectively, for the restriction or regulation of artificers (a) and others, from or in going or passing from any part (a) For the laws touching artificers, see TITLE 19. of the United Kingdom to parts beyond the seas, or to regulate the 43 Geo. 3. vessels conveying such artificers or other persons whatsoever, or the c. 56. masters of such vessels, but that all such laws and customs shall remain in full force, as if this act had not been had or made. New found land and Rule 24. Nothing in the foregoing act of 43 Geo. 3. shall be 44 Geo. 3. deemed to apply to any vessels for which a clearance shall be demanded c. 44. out of any place of the United Kingdom, carrying passengers to the island of Newfoundland, or to the coast of Labrador, or to the banks coast of Laof Newfoundland, to be employed in the trade or fishery thereof, or returning from the said island of Newfoundland, the coast of Labrador, or the banks of Newfoundland, with passengers who have been so employed. brador. Hudson's Bay. Rule 25. Nothing in the foregoing act of 43 Geo. 3. shall extend 53 Geo. 3. to any vessel in the service of the governor and company of adven- c. 36. § 2. turers of England trading into Hudson's Bay, provided such vessel shall not carry more than 20 passengers besides the crew; and if any such vessel shall carry more than 20 passengers, provided a licence shall be granted by His Majesty in council in manner herein directed for such vessel to carry more than 20 passengers, specifying the number and description of such passengers: provided nevertheless, that it shall be lawful for any vessel in the service of the said governor and company to sail without such licence, subject to the provisions of the said act, if the said governor and company shall think fit. fore privy Rule 26. When it is intended that any such vessel shall carry a plan of integreater number than 20 passengers, it shall be lawful for the said go- rior of vessels vernor and company of adventurers trading into Hudson's Bay, and to be laid bethey are hereby required, to lay before His Majesty in council a plan council, 3. of the interior of such vessel, with a statement specifying the dimensions of that part of such vessel which is to be allotted to the use of the passengers, and the manner in which it has been fitted up for their accommodation, as also the number and description of passengers to be received on board, and thereupon a licence by His Majesty in council shall be granted for the purpose of enabling the said governor and company to convey to their settlements adjoining to Hudson's Bay the specified number of passengers so described: provided that such passengers being full grown men do not exceed the number of infantry usually conveyed in His Majesty's transport service, for a similar voyage on board of a vessel possessing similar accommodations; or provided that such passengers not being full grown men are of such a description, that the specified number of such passengers may be equally well accommodated in the space which would be required for such number of infantry as aforesaid; and upon such licence being granted, it shall be lawful for the said governor and company to put on board such vessel, and to convey therein such passengers to the settlements of the said governor and company adjoining to Hudson's Bay, without being subject to the regulations of the said act. c. 88. (1. Newfound land, &c. Rule 27. Before the sailing of any vessel from any place in the 56 Geo. 3. United Kingdom to Newfoundland or the coast of Labrador, with pas sengers, the master of every such vessel, and the owners thereof, shall enter into bond to His Majesty, in the penalty of 500l. with condition that there shall not be taken on board any such vessel any more such passengers than are hereinafter permitted; which bond shall be taken by and deposited with the principal officer of customs at the port from which such vessels shall sail; and the master of such vessel, previous + |