✨ Text of Legislation




THE NEW ZEALAND GAZETTE. 525

in the Four next following Sections shall
respectively be substituted; (that is to say,)

  1. If any Passenger Ship shall clear out
    or proceed to Sea without the Master having
    first obtained such Certificate 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 King-
    dom 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 Com-
    mission of the Offence, in any Port or Place
    in Her Majesty's 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 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.

  2. 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 Commence-
    ment of the voyage, and if the Passengers, or
    any of them, shall be brought back to the
    United Kingdom, 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 Hours thereafter, give to the
    nearest Emigration Officer, or in the Absence
    of such Officer to the Chief Officer of
    Customs, a written Undertaking to the
    following effect: that is to say, if the Ship
    shall have been wrecked, or 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 "Pas-
    sengers Act, 1855," in which case the Sub-
    sistence Money shall be paid to the Emigra-
    tion 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 men-
    tioned, 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, Char-
    terer, or Master of such Ship, or any of them,
    at the option of such Passenger or Emigration
    Officer: Provided that the said Emigration
    Officer may, if he shall think it necessary,
    direct that the Passengers shall be removed
    from such damaged "Passenger Ship," at
    the Expense of the Master thereof; and if
    after such direction any Passenger shall
    refuse to leave such Ship, he shall be liable
    to a Penalty not exceeding Forty Shillings,
    or to Imprisonment not exceeding One
    Calendar Month.

  3. If any Passenger or Cabin Passenger
    of any Passenger Ship shall, without any
    Neglect or Default of his own, find himself
    within any Colonial or Foreign Port or Place
    other than that for which the Ship was
    originally bound, or at which he or the
    Emigration Commissioners, or any Public
    Officer or other Person on his behalf, may
    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.

  4. All expenses incurred under the last
    preceding Section, or under the Fifty-second
    Section of "The Passengers Act, 1855," or
    either of them, or by the Authority of such
    Secretary of State, Governor, or Consular Offi-
    cer, or other Person, as therein respectively
    mentioned, including the Cost of maintaing the
    Passengers until forwarded to their Destina-
    tion, 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



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1863, No 63





✨ LLM interpretation of page content

πŸ›οΈ Further Amendments to the Passengers Act, 1855 (continued from previous page)

πŸ›οΈ Governance & Central Administration
7 December 1863
Passengers Act 1855, Shipping regulations, Ship forfeiture, Passenger maintenance, Emigration Officer, Colonial Port