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coverable withstanding that the Ship may not have sailed: Provided always, that in the Case of Cabin Passengers so landed relanding. One Half only of their Passage Money shall be recoverable.

ately on

Sections 12, 51, 53, and

54 of recited Act repealed, and other

XII. The Twelfth, Fifty-first, Fifty-third, and Fiftyfourth Sections of the said 'Passengers Act, 1855,' shall be and the same are hereby repealed, except as to the Recovery and Application of any Penalty for any Offence Provisions committed against the said Act, and except so far as may be necessary for supporting or continuing any Proceeding heretofore taken or hereafter to be taken thereunder; and in lieu of the Enactments contained in such Sections the Enactments in the Four next following Sections shall respectively be substituted; (that is to say,)

substituted.

Forfeiture

of Ship if Master pro

without

Certificate

of Clear

ance, etc.

XIII. If any Passenger Ship shall clear out or proceed to Sea without the Master having first obtained such Cerceeds to Sea tificate of Clearance, or without his having joined in executing such Bond to the Crown as by the said Passengers Act, 1855,' are required, or if such Ship, after having put to Sea, shall put into any Port or Place in the United Kingdom in a damaged State, and shall leave or attempt to leave such Port or Place with Passengers on board without the Master having first obtained such Certificate of Clearance as is required by Section Fifty of the said 'Passengers Act, 1855,' such Ship shall be forfeited to the Use of Her Majesty, and may be seized by any Officer of Customs, if found, within Two Years from the Commission of the Offence, in any Port or Place in Her Majesty's Such Ship Dominions; and such Ship shall thereupon be dealt with in the same Manner as if she had been seized as forfeited for an Offence incurring Forfeiture under any of the Laws toms Laws. relating to the Customs: Provided that it shall be lawful for One of Her Majesty's Principal Secretaries of State to release, if he shall think fit, any such forfeited Ship from Seizure and Forfeiture, on Payment by the Owner, Charterer, or Master thereof, to the Use of Her Majesty, of such Sum not exceeding Two thousand Pounds as such Secretary of State may by any Writing under his Hand specify.

to be dealt

with as if seized under Cus

Power to
Secretary

of State to
release
Ships on
Payment of
a Sum of
Money.

In case of
Wreck or
Damage in

or near

United
Kingdom,

XIV. If any Passenger Ship shall be wrecked, or otherwise rendered unfit to proceed on her intended Voyage, while in any Port of the United Kingdom, or after the Commencement of the Voyage, and if the Passengers, or Passengers any of them, shall be brought back to the United Kingto be pro- dom, or if any Passenger Ship shall put into any Port or Place in the United Kingdom in a damaged State, the Master, Charterer, or Owner shall, within Forty-eight Vessel, and Hours thereafter, give to the nearest Emigration Officer, or in the Absence of such Officer to the Chief Officer of

vided with a Passage by some other

maintained

Customs, a written Undertaking to the following Effect; in the that is to say, if the Ship shall have been wrecked, or meantime. rendered unfit as aforesaid to proceed on her Voyage, that the Owner, Charterer, or Master thereof shall embark and convey the Passengers in some other eligible Ship, to sail within Six Weeks from the Date thereof, to the Port or Place for which their Passages respectively had been previously taken; and if the Ship shall have put into Port in a damaged State, then that she shall be made seaworthy, and fit in all respects for her intended Voyage, and shall, within Six Weeks from the Date of such Undertaking, sail again with her Passengers; in either of the above Cases the Owner, Charterer, or Master shall, until the Passengers proceed on their Voyage, either lodge and maintain them on board in the same Manner as if they were at Sea, or pay to them Subsistence Money after the Rate of One Shilling and Sixpence a Day for each Statute Adult, unless the Passengers shall be maintained in any Hulk or Establishment under the Superintendence of the Emigration Commissioners mentioned in the said Passengers Act, 1855,' in which Case the Subsistence Money shall be paid to the Emigration Officer at such Port or Place. If the substituted Ship or damaged Ship, as the Case may be, shall not sail within the Time prescribed as aforesaid, or if Default shall be made in any of the Requirements of this Section, such Passengers respectively, or any Emigration Officer on their Behalf, shall be entitled to recover, by summary Process, as in the said Passengers Act, 1855,' is mentioned, all Monies which shall have been paid by or on account of such Passengers or any of them for such Passage, from the Party to whom or on whose Account the same may have been paid, or from the Owner, Charterer, or Master of such Ship, or any of them, at the Option of such Passenger or Emigration Officer: Provided that the said Emigration Power to Officer may, if he shall think it necessary, direct that the remove Passengers Passengers shall be removed from such damaged Passen- from ger Ship,' at the Expense of the Master thereof; and if damaged after such Direction any Passenger shall refuse to leave Ship; such Ship, he shall be liable to a Penalty not exceeding Penalty on Forty Shillings, or to Imprisonment not exceeding One refusing. Calendar Month.

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Passengers

or Consuls

may send

XV. If any Passenger or Cabin Passenger of any Pas- Governors senger Ship shall, without any Neglect or Default of his own, find himself within any Colonial or Foreign Port or on PassenPlace other than that for which the Ship was originally gers if the bound, or at which he or the Emigration Commissioners, the Ship or any public Officer or other Person on his Behalf, may fail to do

e

Master of

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Expenses incurred under the Two pre

ceding Sec

tions to be

a Debt due

to the Crown.

have contracted that he should land, it shall be lawful for the Governor of such Colony, or for any Person authorized by him for the Purpose, or for Her Majesty's Consular Officer at such Foreign Port or Place, as the Case may be, to forward such Passenger to his intended Destination, unless the Master of such Ship shall, within Forty-eight Hours of the Arrival of such Passenger, give to the Governor or Consular Officer, as the Case may be, a written Undertaking to forward or carry on, within Six Weeks thereafter, such Passenger or Cabin Passenger to his original Destination, and unless such Master shall accordingly forward or carry him on within that Period.

XVI. All Expenses incurred under the last preceding Section or under the Fifty-second Section of 'The Passengers Act, 1855,' or either of them, by or by the Authority of such Secretary of State, Governor, or Consular Officer, or other Person, as therein respectively mentioned, including the Cost of maintaining the Passengers until forwarded to their Destination, and of all necessary Bedding, Provisions, and Stores, shall become a Debt to Her Majesty and Her Successors from the Owner, Charterer, and Master of such Ship, and shall be recoverable from them, or from any One or more of them, at the Suit and for the Use of Her Majesty, in like Manner as in the Case of other Crown Debts; and a Certificate in the Form in Schedule (A.) hereto annexed, or as near thereto as the Circumstances of the Case will admit, purporting to be under the Hand of any such Secretary of State, Governor, or Consular Officer, (as the Case may be,) stating the total Amount of such Expenses, shall in any Suit or other Proceeding for the Recovery of such Debt be received in Evidence without Proof of the Handwriting or of the official Character of such Secretary of State, Governor, or Consular Officer, and shall be deemed sufficient Evidence of the Amount of such Expenses, and that the same were duly incurred, nor shall it be necessary to adduce on behalf of Her Majesty any other Evidence in support of the Claim, but Judgment shall pass for the Crown, with Costs of Suit, unless the Defendant shall specially plead and duly prove that such Certificate is false or fraudulent, or shall specially plead and prove any Facts showing that such Expenses were not duly incurred under the Provisions of this Act, and of the said Passengers Act, 1855,' or either of them: Provided nevertheless, that in no Case shall any larger Sum be recovered on account of such Expenses than a Sum equal to twice the total Amount of Passage Money received or due to and recoverable by or on account of the Owner, Charterer, or Master of such Passenger Ship, or any of them,

for or in respect of the whole Number of Passengers and Cabin Passengers who may have embarked in such Ship, which fotal Amount of Passage Money shall be proved by the Defendant, if he will have the Advantage of this Limitation of the Debt; but if any such Passengers are forwarded Passengers or conveyed to their intended Destination under the Pro- forwarded by Govervisions of the last preceding Section, they shall not be nor, etc., entitled to the Return of their Passage Money, or to any not entitled Compensation for Loss of Passage under the Provisions of of Passage the said Passengers Act, 1855.'

to Return

Money.

Bond to

penses of

Passen

gers, where

and Char

XVII. In the Case of a Passenger Ship, of which neither the Owners nor Charterers reside in the United Kingdom, repay Exthe Bond required to be given to the Crown by the Sixty- rescuing third Section of the 'Passengers Act, 1855,' shall be for the and forwarding Sum of Five thousand Pounds instead of Two thousand shipPounds; and an additional Condition shall be inserted in wrecked such Bond to the Effect that the Obligors therein shall, subject to the Provisions and Limitations herein-before con- Owners tained, be liable for and shall pay to Her Majesty and Her terers of Successors, as a Crown Debt, all Expenses which may be Vessel incurred under the Provisions herein-before and in the 'Passengers Act, 1855,' contained, in rescuing, maintaining, and forwarding to their Destination any Passengers of such Ships who by reason of Shipwreck or any other Cause, except their own Neglect or Default, may not be conveyed to their intended Destination by or on behalf of the Owner, Charterer, or Master of such Ship.

reside

abroad.

XVIII. The said 'Passengers Act, 1855,' and this Act, Recited Act shall be construed together as One Act.

SCHEDULE (A.)

Form of Governor's or Consul's Certificate of Expenditure in the Case of Passengers shipwrecked, etc.

I hereby certify, That, acting under and in conformity with the Provisions of the British 'Passengers Act, 1855,' and of the (a.) N.B.-1. If more 'Passengers Act Amendment Act, 1863,' Passengers were rescued than forwarded, or if I have defrayed the Expenses incurred in supplied, alter the Cer rescuing, maintaining, supplying with tificate to suit the Facts necessary Bedding, Provisions, and Stores (a), and in forwarding to their DestinaPassengers [including Words in Brackets when Cabin Passengers (b)], who were pro

Bedding, etc., was not

of the Case.

(b.) N.B.-2. Omit

necessary.

(c.) N.B.-3. State

tion

ceeding from

to

Passenger Ship generally the Nature of wrecked at Sea, etc. (c).

in the which was

and this to

be as One.

the Disaster and where

it occurred. But if the

And I further certify, for the Purposes Passengers were only of the Tenth Section of the said "Pasleft behind, without any sengers Amendment Act, 1863,' that the Default of their own, total Amount of such Expenses is

state the Fact accord-
ingly.

Pounds, and that such Expenses were duly incurred by me under the said Acts or one of them.

Given under my Hand this

Day of

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Governor of, etc., (or, as the Case may be,) Her Britannic Majesty's Consul at

68.

CAP. LXXIV.

An Act to enable Her Majesty to declare Gold Coins to be
issued from Her Majesty's Branch Mint at Sydney, New
South Wales, a legal Tender for Payments; and for other
Purposes relating thereto.-[28th July 1863.]

"WHEREAS by an Act of the Fifty-sixth Year of the Reign of His late Majesty King George the Third, Chapter Sixty56 G. 3. c. eight, intituled An Act to provide for a new Silver Coinage, and to regulate the Currency of the Gold and Silver Coins of this Realm, it is amongst other things provided, that after the Date of the passing of that Act the Gold Coin of the Realm should be the only legal Tender for Payments (except the Silver Coin of the Realm to the Extent of Forty Shillings) within the United Kingdom of Great Britain and Ireland: And whereas by the same Act it is declared that the Gold Coin of the Realm should hold such Weight and Fineness as are prescribed by an Indenture therein referred to, and made with His Majesty's Master and Worker of the Mint for making Gold Monies at His Majesty's Mint in London, and with such Allowance called the Remedy as is given to the said Master by the said Indenture, which Weight and Fineness are by the said Act declared to be the Standard of the lawful Gold Coin of the Realm, so far as relates to the Gold Coins of the Denominations in use at the Time of the passing of the said Act and specified in the said Indenture: And whereas Gold Coins of the Weight and Fineness and of the Denominations mentioned in the said Act, and specified in the said Indenture, have from the Date of the said Act up to the present Time continued to be issued from Her Majesty's Mint in London, and to be the only legal Tender for Payments, except as aforesaid, within the United Kingdom: And whereas Her Majesty

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