✨ Legislation Text
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 Emi-
gration Officer may, if he shall think it neces-
sary, 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 passengers 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.
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If any passenger or cabin passenger of
any passenger ship shall, without any neglect or
default of his own, find himself within any Colo-
nial 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 destina-
tion, 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 pas-
senger or cabin passenger to his original desti-
nation, and unless such master shall accordingly
forward or carry him on within that period. -
All expenses incurred under the last pre-
ceding Section, or under the fifty-second Sec-
tion of "The Passengers Act, 1855," of either
of them, 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 Suc-
cessors 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 cer-
tificate in the form in the 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, Gover-
nor, 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 cha-
racter 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
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 recei-
ved or due to and recoverable by or on account
of the owner, charterer or master of such pas-
senger ship, or any of them, for or in respect of
the whole number of passengers and cabin pas-
sengers who may have embarked in such ship,
which total amount of passage money shall be
proved by the defendant, if he will have the
advantage of this limitation of the debt; and if
any such passengers are forwarded or conveyed
to their intended destination under the provi-
sions of the last preceding Section, they shall
not be entitled to the return of their passage
money, or to any compensation for loss of pas-
sage under the provisions of the said "Passen-
gers Act, 1855. -
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 obliga-
tors therein shall, subject to the provisions and
limitations herein-before contained, be liable for
and shall pay to Her Majesty and Her Successors,
as a Crown debt, all expenses which may be in-
curred 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, ex-
cept 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. -
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 de-
frayed the expenses incurred in rescuing, main-
taining, supplying with necessary bedding, provi-
sions, and stores (a), and in forwarding to their
destination (including cabin passengers) (b), who were proceeding
from ____ in the passenger ship
____, which was wrecked at sea, &c. (c.)
And I further certify, for the purposes of the
tenth section of the said "Passengers Amen-
dment Act, 1863," that the total amount of such
expenses is ____ pounds, and that such
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Publication of Passengers Act Amendment Act, 1863
(continued from previous page)
🏛️ Governance & Central Administration7 December 1863
Legislation, Passengers Act, Amendment, Shipping, Regulations
Taranaki Provincial Gazette 1864, No 1