Legislation, Appointments, Customs




526
THE NEW ZEALAND GAZETTE.

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 the Schedule (A.) hereto
annexed, or as near thereto as the circum-
stances 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 Con-
sular 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 fraudu-
lent, 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 re-
covered 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 total
Amount of Passage Money shall be proved
by the Defendant, if he will have the Advan-
tage of this Limitation of the Debt; and if
any such Passengers are forwarded or con-
veyed to their intended Destination under the
Provisions of the last preceding Section, they
shall not be entitled to the Return of their
Passage Money, or to any Compensation for
Loss of Passage under the Provisions of the
said "Passengers Act, 1855."

  1. In the Case of a Passenger Ship, of
    which neither the Owners nor Charterers
    reside in the United Kingdom, the Bond
    required to be given to the Crown by the
    Sixty-third Section of the "Passengers Act,
    1855," shall be for the Sum of Five thousand
    Pounds instead of Two thousand Pounds;
    and an additional Condition shall be in-
    serted in such Bond to the Effect that
    the Obligors therein shall, subject to the
    Provisions and Limitations herein-before con-
    tained, be liable for and shall pay to Her
    Majesty and Her Successors, as a Crown
    Debt, all Expenses which may be incurred
    under the Provisions herein-before and in the
    "Passengers Act, 1855," contained, in rescu-
    ing, maintaining, and forwarding to their Desti-
    nation 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,

  2. The said "Passengers Act, 1855," and
    this 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, &c.

I hereby certify, That, acting under and in
conformity with the Provisions of the British
"Passengers Act, 1855," and of the "Pas-
sengers Act Amendment Act, 1863," I have
defrayed the Expenses incurred in rescuing,
maintaining, supplying with necessary Bed-
ding, Provisions, and Stores (a), and in for-
warding to their Destination
gers [including Cabin Passengers (b)],
who were proceeding from
in the Passenger Ship
wrecked at Sea, &c. (c.)
,
to
Passen-
which was

And I further certify, for the Purposes of
the Tenth Section of the said "Passengers
Amendment Act, 1863," that the total
Amount of such Expenses is
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
18

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

(a). N.B.-1. If more Passengers were rescued
than forwarded, or if Bedding, &c., was not supplied,
alter the Certificate to suit the Facts of the Case.
(b). N.B.-2. Omit the Words in Brackets when
necessary.
(c). N.B.-3. State generally the Nature of the
Disaster and where it occurred. But if the Passen-
gers were only left behind without any Default of
their own, state the Fact accordingly.

Colonial Secretary's Office,
(Native Department,)
Auckland, November 24, 1863.

HIS Excellency the Governor has been
pleased to appoint
WILLIAM JARVIS WILLIS, Esq., J.P.,
to be a Resident Magistrate under the "Na-
tive Circuit Courts Act, 1858."
This Appointment bears date from the 5th
ultimo.
W. Fox.

Appointment af Bonding Warehouse at
Lyttelton.

CUSTOMS.

THE Warehouse in the Port of Lyttelton
known as J. Drummond Macpherson's
No. 2 Warehouse, and described below, has
been approved and appointed under clause
XI. of the "Customs Regulation Act, 1858,"
as a Warehouse for the securing of Goods
under Bond without payment of duty on the
first entry thereof:--
A wooden building formerly known as the
Canterbury Association's Boathouse, situated



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1863, No 63





✨ LLM interpretation of page content

🏛️ Further Amendments to the Passengers Act, 1855 (continued from previous page)

🏛️ Governance & Central Administration
7 December 1863
Shipping law, Passenger expenses, Crown Debts, Bond requirements, Schedule A, Passengers Act 1855

🪶 Appointment of William Jarvis Willis as Resident Magistrate

🪶 Māori Affairs
24 November 1863
Resident Magistrate, Native Circuit Courts Act 1858, Appointment, Auckland
  • WILLIAM JARVIS WILLIS (Esquire, J.P.), Appointed Resident Magistrate

  • W. Fox

🏭 Approval of J. Drummond Macpherson's Warehouse as a Bonding Warehouse in Lyttelton

🏭 Trade, Customs & Industry
Bonding Warehouse, Lyttelton, Customs Regulation Act 1858, Goods under Bond
  • J. Drummond Macpherson, Owner of appointed bonding warehouse