No. CXXI. 4 Geo. IV. c. 84. Tonnage deem ed to be according to Registry. List of Persons on board to be Collector. for every two children under fourteen years of age, or for three children under seven years of age respectively: Provided always, that if one bed be placed over another, so that each sleeping place shall not have the whole height between decks, or the full height of five feet six inches if there be only one deck, such further adjoining space in width, and not being less than five feet six inches in height shall be given, as shall make the whole equal to two such spaces, or four tons to every two births. VI. And be it further enacted, That every British ship or vessel shall be deemed and taken to be of such tonnage or burthen as is described and set forth in the respective certificate of the registry of each and every such ship or vessel, granted in pursuance of the several Acts now in force, or hereafter to be made in Great Britain and Ireland respectively, relating to such certificates; and the tonnage of every foreign vessel or vessels shall be ascertained by admeasurement, in the mode and manner prescribed and directed by any Act now in force, or hereafter to be made, respecting the admeasurement of British ships or vessels for the purpose of being registered. VII. And be it further enacted, That the master or other person having or taking the charge or command of such British ship or vessel, having delivered to the more persons on board, including the master and crew, than one for every five tons of the burthen of such ship or vessel, previously to his leaving the port from whence he shall be bound, shall and he is hereby required to deliver to the collector and comptroller, or other principal officer of His Majesty's customs at such port, a list containing the full number of the crew, and also the number of the passengers, with their names ages and descriptions, and the places to which they are to be respectively conveyed, for the purpose of being registered at such port. Bond to be given that the Vessel is seaworthy, and properly stored, &c. Passengers only to be taken on board at the Port, on Pe nalty of 501. for VIII. And be it further enacted, That no British ship or vessel shall be cleared out, unless the owner or owners, or the master or other person having or taking the charge or command thereof, shall have given bond to His Majesty, his heirs and successors, with two sufficient sureties, such bond to be without stamp, and to be taken by and left in the hands of the collector or comptroller, or other proper officer of the customs, in the port or place from whence such ship or vessel shall be cleared out, in an amount equal to the sum of twenty pounds for each passenger on board such ship or vessel, with condition that such ship or vessel is seaworthy, and properly stored with water and provisions, and having a surgeon, with a medicine chest properly stored with medicines, as therein provided; and that every such passenger if alive shall be landed at the port or ports to which such passenger shall have contracted to be conveyed, unless landed elsewhere at his own desire. IX. And be it further enacted, That no passenger shall be received on board of any British ship or vessel, unless at a port where a custom house is or shall be established, and a Collector and Comptroller of the Customs Custom House stationed, unless special permission for that purpose be first had and obtained from the Commissioners of Customs, or any three or more of them; and if any passenger or passengers shall be taken on board any such ship or vessel at any other place, unless with permission as aforesaid, the master or other person having or taking the charge or command of such ship or vessel, shall forfeit and pay the sum of fifty pounds for every passenger so taken on board at any other lace. each Passenger. Penalty on Master's taking more Passen gers than allow ed, 501. for each Person. Allowance of X. And be it further enacted, That if any master or other person having or taking the charge or command of any British ship or vessel shall take on board, or if he, or the owner or owners of any such ship or vessel, shall engage to take on board any person or persons exceeding the number mentioned and specified in the licence herein-before directed to be granted, such master or other person, or owner or owners as aforesaid, shall severally forfeit and pay the sum of fifty pounds for each and every person so taken or engaged to be taken beyond the persons specified in such licence. XI. And be it further enacted, That every such British ship or vessel shall be provided at the time of her departure (to commence the voyage,) with such a supply of good and wholesome water as will afford an allowance of five pints of water daily during the voyage for every person (including the master and crew), which supply of water shall be stowed below the lower deck; and every such ship or vessel shall also be provided with such a supply of provisions as will afford an allowance for every person (including the master and crew) during the voyage, of one pound weight of bread or biscuit, and one pound weight of beef, or three quarters of a pound weight of pork, daily, and also two pounds weight of flour, and three pounds weight of oatmeal, or of pease, or of pearl barley, and half a pound weight of butter, weekly; the said allowance to commence on the day the ship or vessel takes her departure from the port or place at which such ship or vessel shall be cleared outwards. XII. And be it further enacted, That the master or other person having or taking the charge or command of such British ship or vessel, failing to give out the allowance of provisions and water herein-before specified, if required to do so, shall forfeit the sum of ten pounds of lawful money for each and every such neglect and omission. XIII. Provided always, and be it enacted, That if any passenger who has entered into any contract or agreement for such voyage, shall signify to the collector or comptroller, or other proper officer of the customs, or to any Justice of the Peace or other Magistrate in the United Kingdom, that he or she is desirous of being re-landed, and of not proceeding on any such voyage, it shall and may be lawful to and for such collector or comptroller, or other proper officer of the customs, or for such Justice of the Peace or other Magistrate, and they are hereby empowered and required to take such passenger, together with his baggage, out of the ship or vessel, and to set such passenger free from his or her engagement, reserving to either party any legal claim which may arise in consequence thereof. XIV. And be it further enacted, That if after any such British ship or vessel shall have been cleared out, any master or other person having or taking the charge or command of any such ship or vessel shall unship or re-land, or permit or suffer to be unshipped or re-landed, any water or provisions, such master or other person shall forfeit the sum of five hundred pounds. XV. Provided always, and be it enacted, That if any passenger or passengers who may be desirous not to proceed on such voyage shall be re-landed, and shall not proceed in the manner herein-before directed, then it shall and may be lawful for such master or other person aforesaid, to unship or re-land, under the inspection of the proper officers of the customs, at the port where such passenger shall be re-landed, a quantity of water and provisions, not exceeding the proportion sufficient for the allowance of such passenger or passengers so re-landed. XVI. And be it further enacted, That the bedding of each and every passenger on board any such British ship or vessel shall be aired by exposure upon the deck, when the weather will permit, daily during the voyage; and such ship or vessel shall be fumigated with vinegar at least twice in every week during the voyage; and every such master or other person having or taking such charge or command shall forfeit and pay the sum of twenty pounds for each failure or neglect in airing the said bedding, or fumigating the ship or vessel. pro XVII. And be it further enacted, That no such British ship or vessel carrying fifty persons or upwards, whether children or adults, including the master and crew, shall be cleared out at any port of the United Kingdom, unless such ship or vessel shall be provided with a surgeon, who is to continue during the whole of the voyage, and who shall duce to the officer of the customs, at the port of the United Kingdom where the ship or vessel shall be cleared, 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. XVIII. And be it further enacted, That every such surgeon shall have Surgeon to be provided with a Medicine Chest properly stored with Medicines. No. CXXI. 4 Geo. IV. c. 84. Penalty on Masternot providing a Surgeon, &c., 201. for each Person on board. Vessels to be marked with a P. a medicine chest, properly stored with medicines, in proportion to the number of persons on board of such ship or 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 ship or vessel shall be allowed to be cleared out, every such surgeon shall specify, upon oath, before the collector or comptroller, or other chief officer of the customs, at the port from whence such ship or vessel is to be cleared out, the contents of such medicine chest; and shall further make oath, that the medicines are of good and proper quality, and of the assortment generally used and made for such voyages on board of His Majesty's ships of war, to the best of his knowledge and belief; which oath such collector comptroller or other chief officer of customs, is hereby required and empowered to administer; and the affidavit of every such surgeon shall be deposited and preserved in the Custom House where the clearance of such ship or vessel shall be granted; and the owner or master of every such ship or vessel failing to provide a surgeon so qualified, and a medicine chest properly stored as aforesaid, shall forfeit and pay the sum of twenty pounds for every person on board, including the master and crew. XIX. And whereas it is expedient that some certain mark should be placed on certain British ships or vessels carrying passengers, that they may at all times be known at sca by His Majesty's ships and vessels of war, or revenue; be it enacted, That the letter P. shall be painted in white, at least three feet in length, and in proportionate inches in width, on the quarters of every British ship or vessel carrying passengers, and having more persons on board (whether children or adults), including Penalty on Mas the master or other person having or taking the charge or command of ter having more such ship or vessel, and the crew, than one for every five tons, burthen of than the allow such ship or vessel, under the penalty of the forfeiture of one hundred ed Number on pounds, by the master or other person having or taking the charge or board, 1001. command of such ship or vessel. XX. And be it further enacted, That a printed copy of this Act shall be provided and kept on board during the whole of the voyage, by the master or other person having or taking the charge or command of every such British ship or vessel, under the penalty of twenty pounds; and such master or other person having or taking the charge or command of every such ship or vessel is hereby required to produce such printed copy to any passenger for his inspection at reasonable hours. XXI. And be it further enacted, That all captains and officers commanding His Majesty's ships of war or revenue vessels, who shall meet any such British ships or vessels at sea, and the collectors and comptrollers of His Majesty's customs at any port in the United Kingdom, or in the British plantations and settlements, and the Governors and Lieutenant-governors and naval officers at any such plantation and settlement, and His Majesty's consuls at any foreign port, shall and may and they are hereby empowered and required to call upon the master or other person having or taking the charge or command of any such ship or vessel, to produce the printed copy of this Act, required to be kept on board, and the licence granted by the Commissioners of His Majesty's Customs, for the purpose of inspection and examination, and to ascertain whether the regulations of this Act have been duly complied with; and in case the master or other person having or taking the charge or command of any such ship or vessel, shall refuse or fail to produce the said copy and licence, he shall forfeit the sum of two hundred pounds. XXII. Provided always, and be it enacted, That nothing in this Act contained shall extend or be deemed or construed to extend to ships or vessels in the service of His Majesty, or of His Majesty's Postmastergeneral, or of the East India Company. XXIII. And be it further enacted, That during the continuance of any convention of commerce and navigation between His Majesty and any foreign state, whereby the privileges of British ships or vessels shall be conceded to the ships or vessels of such foreign state, so much of this Act as relates to British ships or vessels shall extend and be construed to extend to ships or vessels belonging to such states, during the existence of such convention, and carrying more passengers than other foreign ships or vessels are by this Act permitted to carry. XXIV. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to the conveyance of any persons on board of any such ship or vessel, whether fishermen, youngsters, or others, being hired servants, employed on the establishment of their respective masters or hirers, in the prosecution of the fisheries carried on from Newfoundland or Labrador. No. CXXI. 4 Geo. IV. c. 84. Not to extend to the Conveyance of Fisher men, &c., em ployed in the Newfoundland Fisheries, &c. XXV. And be it further enacted, That all sums of money penalties Recovery of and forfeitures in this Act mentioned and contained, shall be calculated Penalties. and paid and payable within Great Britain and Ireland, in lawful money of Great Britain; and that any penalty or forfeiture inflicted by this Act may be prosecuted, sued for, and recovered by action of debt, bill, plaint, or information, in any of His Majesty's Courts of Record at Westminster or Dublin, or in the Court of Exchequer or in the Court of Session in Scotland, in the name of His Majesty's Attorney-General for England or *Ireland, or His Majesty's advocate for Scotland respectively, or in the name of any person or persons whatsoever, wherein no essoign, protection, privilege, wager of law, or more than one imparlance shall be allowed; and that a capias in the first process, specifying the sum of the penalty sued for by any such action, bill, plaint, or information, against any person or persons, shall and may issue against such person or persons, and such person or persons shall be obliged to give sufficient bail or security, by natural-born subjects or denizens, to the person or persons to whom such capias shall be directed, to appear in the Court out of which such capias shall issue, at the day of the return of such writ, to answer such writ and prosecution, and shall likewise at the time of such appearing give sufficient bail or security by such persons as aforesaid, in the said Court, to answer and pay all the forfeitures and penalties incurred by such person or persons for such offence or offences, in case he or they shall be convicted thereof, or to yield his or their body or bodies to prison, in like manner as is prescribed respecting capias issuing in the first process by an Act passed in the Parliament of Great Britain, in the eighth year of the reign of His late Majesty King George the first, intituled An Act to prevent the clandestine Running of Goods, and the Danger 8 G. 1. c. 18. of Infection thereby, and to prevent Ships breaking the Quarantine, and to subject Copper Ore of the British Plantations to such Regulations us other enumerated Commodities of the like Production are subject; and by an Act passed in the ninth year of the reign of His late Majesty King George the Second, intituled An Act for indemnifying Persons who have been guilty of 9 G. 2. c. 35. Offences against the Laws made for securing the Revenues of Customs and Excise, and for enforcing those Laws for the future; and in every action or suit the person against whom judgment shall be given for any penalty or forfeiture under this Act, shall pay double costs of suit; and every such action or suit shall and may be brought at any time within three years after the offence committed, and not afterwards; and one moiety of every penalty to be recovered by virtue of this Act shall go and be applied to His Majesty, his heirs and successors, and the other moiety to the use of such person or persons as shall first sue for the same, after deducting charges of prosecution from the whole. XXVI. And be it further enacted, 'That if any action or suit shall be brought or commenced against any person or persons for any thing done In pursuance of this Act, the defendant or defendants in such action or suit inay 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 and by the authority of this Act; and if it shall appear to be so done, then and in every such case the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall become nonsuited, or discontinue his her or their action, or if a verdict shall pass against the plaintiff or plaintiffs, or upon demurrer judgment shall be given against such plaintiff or plaintiffs, the defendVOL. II. *U Limitation of No. CXXII. 4 Geo. IV. c. 89. No Captain of any Vessel un der 200 Tons ant or defendants shall and may recover double costs, and have the like remedy for the same as any defendant or defendants hath or have for costs of suit in any other cases by law. [No. CXXII.] 4 Geo. IV. c. 88.-An Act for regulating Vessels carrying Passengers between Great Britain and Ireland.-[18th July 1823.] WHEREAS it is expedient that such regulations should be made respecting vessels carrying passengers between Great Britain and Ireland as may tend to the security and convenience of such passengers; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the first day of September one thousand eight hundred and twenty-three, it shall not be lawful for the master or commander or person having the charge or command of any vessel employed shall take more in the conveyance of passengers between Great Britain and Ireland, bethan twenty ing of any burthen less than two hundred tons, to have or take on board, Passengers, unless licensed by or to carry or convey any greater number of persons than twenty as pasfrom any port in Great Britain to any port in Ireland, or from Collector of sengers Customs at the any port in Ireland to any port in Great Britain, unless a licence for the conveyance of passengers shall have been previously granted to the owner or owners, or master or commander of such ship or vessel, under the hand of the Collector Comptroller or other chief officer of the Customs, at the port from which such vessel shall sail from Great Britain to Ireland, and from Ireland to Great Britain respectively; and it shall be lawful for every such Collector Comptroller or other chief officer of the Customs, to grant and sign such licence without fee or reward, in such form and under such regulations as shall be directed by the Commissioners of Customs: Provided always, that no such licence shall be granted by such collector comptroller or other chief officer, except upon such certificate as shall be required by the Commissioners of the Customs, that such vessel is sea-worthy and properly found in all respects; and every such licence shall remain in force for the space of one year from the date thereof, and no longer. Port. Proportion of Passengers, Five adult Persons (orten Children under fourteen, or fifteen under seven Years) to Four tons, including the Crew. Tonnage according to Certificate of Registry. If Ship partly laden with Goods, &c., the Tonnage for Passengers to be exclusive of the part laden. II. And be it further enacted, That it shall not be lawful for any master or other person having or taking the charge or command of any ship or vessel so licensed for the conveyance of passengers, which shall clear out from any port or place in the United Kingdom of Great Britain and Ireland, from and after the first day of September one thousand eight hundred and twenty-three, 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 or vessel, 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 or vessel; and every such ship or vessel shall be deemed and taken to be of such tonnage or burthen as is or may be described and set forth in the respective certificate of the registry of each and every such ship or vessel, granted in pursuance of the several Acts in force in Great Britain and Ireland respecttively, relating to such certificates; and if any such ship or vessel shall be partly laden with goods wares or merchandize, or horses or carriages, then it shall not be lawful for the master or other person having the charge or command of such ship or vessel, 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 or vessel which shall remain unladen; and such goods wares or merchandize with which such ship or vessel may be partly laden shall, at the sight and under the direction of the collector or comp |