β¨ Text of Legislation
THE NEW ZEALAND GAZETTE. 525
in the Four next following Sections shall
respectively be substituted; (that is to say,)
-
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. -
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. -
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. -
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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β¨ LLM interpretation of page content
ποΈ
Further Amendments to the Passengers Act, 1855
(continued from previous page)
ποΈ Governance & Central Administration7 December 1863
Passengers Act 1855, Shipping regulations, Ship forfeiture, Passenger maintenance, Emigration Officer, Colonial Port
NZ Gazette 1863, No 63