Imatges de pàgina
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Majesty's consul at any foreign port at which the said passengers or any of them shall be landed, and shall deposit the same with such collector or chief officer of customs, or such cousul, as the case may be, at his final port of discharge. - § 17.

Lists of additional Passengers after clearing out. — In case any vessel shall have cleared out as aforeSaid with a number of passengers less than the number she could lawfully carry under the provisions of this act, or in case any passenger or passengers named in the list afore mentioned, shall not proceed on the voyage, and there shall afterwards be taken on board any additional passenger or passengers, the master shall in every such case add to the first list so countersigned and returned to him as aforesaid, and in the same manner as is required in such first list, the names and particulars of such additional passenger or passengers; and shall moreover prepare, in the form aforesaid, a separate list of such additional passenger or passengers, and deliver the same, together with the said first list so added to as aforesaid, both being duly signed by him, to the collector or other officer of customs at the port or place where such additional passenger or passengers may have embarked, and thereupon such collector or other officer of customs shall countersign the additions se made to such first list, and shall return the same to the master, and retain the separate additional list, and so on in like manne whenever any additional passenger or passengers may be taken on board: Provided always, that in the event of there being no collector or other officer of customs stationed at any port or place where such additional passenger or passengers may be taken on board, then such separate list, and also the said first list, with the additions so to be inade to it as aforesaid, shall, in case the vessel shall subsequently touch at any port or place at which there shall be stationed any officer of her Majesty's customs, be delivered by the master to such officer of customs, and the same respectively shall be dealt with in all respects by such officer of customs as it would have been dealt with by the collector or other officer of customs as aforesaid had there been one the port or place where such additional passenger or passengers embarked. - § 18.

Written Receipts to be given in respect of Passengers for N. America. If any owner, charterer, or master of a ship, or any passage broker, agent, or other person, receive any money from any person, for er in respect of the conveyance of any person as a passenger on any voyage as aforesaid, to any port or place in North America, the person so receiving such money shall give a written acknowledgment for the same to the party from whom the same shall have been received, in the form contained in the schedule (B) Lereto annexed, and in default thereof shall be liable to a penalty not exceeding 107. in respect of each such passenger, and if he shall be so licensed as after mentioned, his licence shall be forfeited, in case the justices belore whom the penalty shall be sued for shall declare the forfeiture thereof. - § 19. Licences to be taken out by Dealers and Brokers in respect of Passages to North America. From and after the commencement of this act no person, not being the owner or master of the ship in which such passages as after mentioned shall be taken, shall carry on the business of a passage broker or passage dealer in respect of passages from the U. Kingdom to any port or place in North America, or shall sell or let, to any person, any such passage, unless he have previously taken out a licence to carry on the business of a passage broker or passage dealer as after mentioned, and unless such licence continue in force; and if any person shall carry on such business, or sell or let any such passage contrary to this enactment, every person so offending shall be liable to a penalty not exceeding 102. in respect of every such offence, and shall further be subject to all the same penalties and liabilities to which licensed passage brokers and "assage dealers are subject under this act; and that it shall be lawful for any person desiring to carry on the business of a passage broker or dealer, in respect of such passages to North America, to make application to the justices assembled in petty or quarter sessions held for the district or place in which such person shall reside, for a licence to carry on such business, and such justices so assembled are authorised to grant such licence to the party making application for the same, such licence to be made out according to the form contained in the schedule (C) hereunto annexed, and to continue in force for the period named in such form, unless sooner forfeited in manner after mentioned; and where any such licerice shall be granted, such justices shall cause notice thereof to be forth with transmitted by post to the colonial land and emigration commissioners at their office in London: provided that no such licence shall be granted unless the party applying for the same shall show to the satisfaction of the justices that he has given notice to the colonial land and emigration commissioners of his intention to apply for the same 21 clear days at least before such application, such notice to be transmitted by post to the office of the said colonial land and emigration commissioners, and to be in the form contained in the schedule (D) hereto annexed. —- § 20.

Penalties for acting without written Authority, &c.— If any licensed broker or dealer shall receive money for or on account of the passage of any passenger for any voyage to any port or place in North America, without having a written authority to act as agent for the party on whose behalf the contract for such passage purports to be made, or shall by any fraud or false pretence whatsoever induce any person to purchase, hire, or engage a passage in any ship for any such voyage, every such broker or dealer shall be liable, upon conviction, in respect of every such offence, to a penalty not exceeding 10Z.; and it shall be lawful for the justices before whom the penalty shall be sued for to declare, if they think fit the licence of such broker or dealer forfeited, and the same shall upon such declaration be forfeited accordingly: provided, that in any case in which any justices shall declare the licence of any passage broker or passage dealer forfeited, such justices shall cause notice of such forfeiture, in the form contained in the schedule (E) hereunto annexed, to be forthwith transmitted by post to the colonial land and emigration commissioners, at their office in London. - § 21.

Return of Passage Money and Compensation to Passengers, in certain Cases. If any passenger or person on is behalf shall have entered into a contract for a passage or passages for such passenger, or for him and his family, in any ship, from any port in the U. Kingdom, to or for any port or place out of Europe, and not being in the Mediterranean Sea, and if such passenger, or such passenger and his family (as the case may be), shall be at the place of embarkation at the time appointed for that purpose in such contract, and such passenger shall apply for such passage or passages, and shall, on demand, pay or tender such part of the passage money not already paid as shall be payable under such contract previously to embarkation, and if, owing to the previous departure of the ship in which such passage or passages shall have been engaged, or the neglect, refusal, or other default of the owner, charterer, or master thereof, or of the party with whom such passage or passages shall have been contracted for, such passenger shall not obtain such passage or passages, or shall not within a reasonable time obtain a passage or passages by some other equally eligible vessel to the same port or place, and in the meantime be paid subsistence money, or be provided with lodging and maintenance, as after mentioned, such passenger shall be entitled to recover, in manner herein provided, all monies which he shall have paid for such passage or passages, from the party to whom he shall have paid the same, or from the owner or charterer of the ship for whom such party shall be the agent, and also such further sum not exceeding 102. in respect of each such passage as shall, in the opinion of the justices who shall adjudicate on the complaint, be a reasonable compensation for the loss or inconvenience occasioned to such passenger or his family by the loss of such passage or passages. - § 22.

Subsistence in case of Detention. If any ship shall not actually put to sea, and proceed upon any such intended voyage as aforesaid, on the day for that purpose appointed in and by any contract made by the owner, master, or charterer of such ship, or their agent, with any passenger who shall on that day be on board the same, or ready to proceed on such intended voyage, then and in every such case the master of such ship shall victual each and every such passenger in like manner as if the voyage had commenced; and if the ship does not put to sea after the interval of 2 clear working days from the day appointed for siling, shall be liable to pay to each and every such passenger, instead of victualling him, subsistence money, at the rate of 1s. for each day's delay, until the actual clearing out and final departure of such ship on such voyage; provided that such subsistence money shall not be payable in lieu of victualling

in respect of any unavoidable detention by wind or weather, and also shall not be payable to any passenger who shall, with his own consent, be suitably lodged and maintained on shore at the expense of the parties who are bound to provide him with a passage. - § 23.

Clause 24. enacts that passengers shall not be lauded without their consent at any other place than that contracted for.

Clause 25. enacts that passengers are to be maintained for 48 hours on board ship after their arrival, unless the ship shall quit any such port or place within the said period of 48 hours.

Facilities to be given for Inspection of Ships, &c. - The master of every ship carrying passengers shall afford to the government agent for emigration, or to the proper officer of customs, at any port or place in her Majesty's dominions from which such ship shall sail, or at which such ship shall touch during the voyage, or at which such ship shall arrive at the end of such voyage, and to her Majesty's consul at any port or place at which such ship shall arrive, being in a foreign country, every facility for the inspection of the ship, and for communication with the passengers, and for ascertaining that the act has been duly observed. 26.

Penalties. If in any ship carrying passengers on any voyage as aforesaid, such lower deck or platform of such thickness as before directed shall not be laid and continued throughout the whole duration of any such voyage in such manner as is before required; or if the height between such lower deck or platform aud the upper deck shall be less than six feet; or if there shall be more than 2 tiers of berths; or if such berths shall not be securely constructed, or shall not be of the dimensions before required; or if there shall not be throughout the whole duration of any such voyage such an interval as is before prescribed between the deck and the floor of the berths; or if any such ship shall clear out and put to sea not having on board tanks or sweet casks of such size and number as aforesaid, and such water and provisions as aforesaid, for the use and consumption of the said passengers, of the kind and to the amount and in the proportion before required; or if such water and provisions be not issued in manner before required; or if such ship be not provided with good boats according to the rates aforesaid; or if copies of this act have not been kept on board and produced on demand as before required; or if there be not on board any such vessel such medical practitioner as aforesaid, or such medicines and other things necessary to the medical treatment of the passengers as is before required; or if any such ship be cleared out before such list of passengers as before mentioned have been delivered in manner and form aforesaid to such ⚫fficer as aforesaid; or if the additions to such list and such additional separate list or lists as aforesaid be not made in the cases aforesaid, and delivered in the cases in which they are herein required to be delivered; or if any such list, or the additions to the same, be wilfully false; or if any such list, including the additions, if any, to the same, be not exhibited to or deposited with the proper officer at any port or place at which it is before required to be exhibited or deposited; or if any passenger shall, without his previous consent, be put on shore at any place other than that at which the master had contracted to land such passenger; or if any passenger be not allowed to continue on board such ship in manner before provided; or if every such facility for inspection be not afforded as is before required, the master of any such ship shall for and in respect of each and every such offence be liable, on summary conviction, to the payment of a fine not exceeding 504 sterling. - § 27.

The Right of Action of Passengers not taken away or abridged. Nothing herein contained shall take away or abridge any right of suit or action which may accrue to any passenger in any ship, or to any other person, in respect of the breach or nonperformance of any contract made or entered into between or on behalf of any such passenger or other person, and the master, owner or owners, of any such ship. Clause 29. directs the steps to be taken for the recovery of penalties.

Clause 30. enacts that viva vee evidence may be given of a party being a government agent or officer.
Clause 31. enacts that passengers suing are not incompetent witnesses.
Clause 32. enacts that distress shall not be unlawful for informality.

Clause 33. enacts that no plaintiff shall recover in any action against any person for any thing done in pursuance of this act if tender of sufficient amends have been made before such action was brought, or if, after the action was brought, a sufficient sum of money shall have been paid into court, with costs, by or on behalf of the defendant.

Clause 34. enacts that 21 days' notice of action shall be given.

Owners or Charterers and Masters of Vessels to enter into Bond for the Performance of the Regulations prescribed by this Act. Before any ship carrying passengers, if the number of such passengers shall exceed 50, shall clear out for any voyage as aforesaid from any port or place in the U. Kingdom, the owner or charterer, or, in the event of his absence, one good and sufficient person on his behalf, to be approved by the collector or chief officer of customs at such port, and the master of the said ship, shall enter into a joint and several bond to her Majesty, her heirs and successors, in the sum of 1000, the condition of which bond shall be that the said ship is seaworthy, and that all and every the rules and regulations made and prescribed by this act for the carriage of passengers shall be well and truly performed before and during such intended voyage, and that all penalties, fines, and forfeitures which the master of such ship may be sentenced or adjudged to pay for or in respect of the breach or nonperformance, before or during such voyage, of any such rules and regulations, shall be well and truly paid: provided, that such bond shall be without stamps; and that no such bond shall be put in suit, and that no prosecution, suit, action, information, or complaint shall be brought under or by virtue of this act, or by reason of the breach of any provision thereof, in any of her Majesty's possessions abroad, after the expiration of 12 calendar months next succeeding the commencement of any such voyage as aforesaid, nor in the U. Kingdom, after the expiration of 12 calendar mouths next after the return of the said ship or of the said master to the U. Kingdom. -§ 35.

Exception of particular Kinds of Ships. Nothing in this act shall extend or be construed to extend to ships carrying passengers on such voyage as aforesaid if the number of such passengers shall not amount to or exceed 30, nor shall any thing in this act extend to any of her Majesty's ships of war, or to any ship in the service of the commissioners for executing the office of lord high admiral of the U. Kingdom, or to ships of war or transports in the service of the East India Company. - § 36.

Extension of Act to West Indies, Western Africa, Malta, and Mauritius. This act shall, except as herein-after stated, extend and apply to the carriage of passengers by sea from any of the British West Indies, in which term are included the British West India islands, the Bahamas, and British Guiana, and from Malta, and from the British possessions in Africa, and from the Mauritius, to any other place whatsoever. 37.

Power to Governors of Colonies to adopt the Act. It shall be lawful for the governor or officer administering the government of any British colony not enumerated in the previous enactment, to declare by proclamation, that this act, except as herein is excepted, shall be extended and shall apply to the carriage of passengers by sea from such colony to such places as may by him be named for the purpose in such proclamation, and thereupon this act shall be thenceforth so extended, and shall so apply accordingly.-§ 38.

Governors empowered to declare computed Length of Voyage. It shall be lawful for the governor or officer administering the government of any of the British colonies to which this act has been extended or shall be extended by proclamation issued for that purpose, to declare the rule of computation by which the length of the voyage of any ship carrying passengers from such colony to any other place shall be estimated for the purposes of this act: Provided nevertheless, that this act shall not, except as respects the West Indies, and as after mentioned, extend or apply to any such voyage, if the length thereof so computed shall not be three weeks or upwards. - § 39.

Clause 40. enables the governors of colomes to issue proclamations substituting other articles of food, &c., if equivalent to those previously specified.

Clause 41. directs copies of such proclamations to be transmitted for her Majesty's confirmation or disallowance.

Clause 42. vests the powers for determining the seaworthiness of any ship in governors, &c.
Clause 43. enacts that no bond shall be required for voyages from the colonies.
Certain Provisions of this Act excepted in the Case of Voyages from the Colonies.

The provisions of

this act shall not extend or apply to voyages from the colonies, so far as relates to the following subjects: (namely,)

The keeping copies of the act on board:

The use of the form of receipt herein-before required to be given for passage money:

The licensing of passage brokers:

The return of passage money and compensation, in case the party cannot be forwarded by the appointed ship, or by some other eligible vessel, and victualling or the payment of subsistence money in case of detention.

Extension of the Act to Voyages shorter than 3 Weeks in the West Indies. Except as herein is excepted with respect to voyages from the colonies, the provisions and regulations of this act shall extend and apply to voyages from the West Indies of less duration, so computed as aforesaid, than 3 weeks, but being of not less duration, so computed as aforesaid, than 3 days, save and except so far as relates to the following subjects; (namely,)

The construction or thickness of the lower deck or platform:

The berths:

The height between decks:

The surgeon and medicine chest:

The maintenance of passengers for 48 hours after arrival:

Provided also, that as respects such voyages from the West Indies of less computed duration than 3 weeks, the owner or charterer of a ship may, if he think fit, contract with the passengers engaging passages therein, that they shall respectively provide themselves with necessary food (not including water) for the voyage; and in such case the regulations of this act respecting the issue of provisions by the master shall not be applicable to such passengers on such voyage.

Clause 46. empowers governors of other colonies to adopt the same extension of the act to voyages shorter than three weeks.

Clause 47. directs that this act shall not prevent the enactment by colonial assemblies, or by her Ma. jesty in council, of laws necessary for establishing the rules and regulations required to carry this act into full effect.

Clause 48, enacts that this act may, with certain exceptions, be adopted in India.

Clause 49. enacts that the mode of proceeding for recovery of penalties in India is to be regulated by the governor in council.

Act to extend to Foreign Vessels. The provisions, regulations, penalties, and forfeitures set forth in this act shall extend and be deemed to extend to foreign vessels carrying passengers upon any voyage from any port or place in the United Kingdom, or in the herein before mentioned islands, to or for any port or place out of Europe, and not being within the Mediterranean Sea, or upon any other voyage to which the provisions of this act shall for the time being extend.

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Act not to extend to Cabin Passengers.Wherever the term passage or passenger" is used in this act, it shall be held not to include or extend to the class of passages or passengers commonly known and understood by the name of cabin passages and cabin passengers.

SCHEDULE (A) referred to in the 17th Section of the Passengers Act.

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I hereby certify, that the provisions actually laden on board this ship, according to the the Passengers Act, are sufficient for passengers, computed according to the act.

(Signed)

section of

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Master.

Port at which Passengers have contracted to be landed.

of

Total number of

Souls equal to

statute adults

We hereby certify the above is a correct list of all the passengers who embarked at the port

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N.B. Lines should be ruled in the same form, for any additions to the list after the ship first clears out; and similar certificates be subjoined to such additions, according to the requirements of the act.

SCHEDULE (B) referred to in the 19th Section of this Act.
Passenger's Contract Ticket.

N.B. Any one receiving money from or in respect of any passenger about leaving the United Kingdom for any place in North America, without using this form, and correctly filling up the blanks therein, and signing it with his name in full, will be liable to a penalty not exceeding 10. for each such pas.

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SCHEDULE (C) referred to in the 20th Section of this Act.
Form of Passenger Broker's Licence.

The names in full, with the

additions and address of the

party applying for the licence, must be cor

rectly inserted.

A. B. of in the having shown to the satisfaction quarter of us, the undersigned justices of the peace in sessions assembled, that he hath petty duly given notice to her Majesty's colonial land and emigration commissioners of his intention to make application for a licence to carry on the business of a passage broker or passage dealer in respect of passages to North America: we, the undersigned justices so assembled as aforesaid, and having had no sufficient cause shown to us why the said A. B. should not receive such licence, do hereby licence and authorise the said A. B. to carry on the business of a passenger broker or passage dealer as aforesaid, until the 31st day of December in the year following the present year, unless this licence shall be sooner determined by forfeiture for misconduct on the part of the said A. B., as in the Passengers Act is provided. Given under our respective hands and seals, this

day of

18

. at

(L.S.)

Justice of the Peace.
(L.S.)
Justice of the Peace.

SCHEDULE (D) referred to in the 20th Section of this Act.

Form of Notice to be given by Passage Broker to Her Majesty's Colonial Land and Emigration Com

in

missioners.

Gentlemen, I A. B. of do hereby give you notice, that it is my intention to apply, after the expiration of twenty-one clear days from the putting of this notice into the post, to the justices to be assembled in the quarter sessions to be held for for a licence to carry on the petty business of a passenger broker or passage dealer in respect of passages to North America.

To her Majesty's Colonial Land and
Emigration Commissioners.

Signature
Date

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SCHEDULE (E) referred to in the 21st Section of this Act.

Form of Notice to be given to Her Majesty's Colonial Land and Emigration Commissioners of Forfeiture of Passage Broker's Licence.

Gentlemen,
This is to give you notice that the licence granted on the

18, to A. B. of

in

day of

to act as a pas

now

The names in full, with the additions and address of the party, to be here inserted. Here state the reason of for.

sage broker or passage dealer, was on the
day of
last past duly declared by us, the undersigned justices of the peace in petty
sessions assembled, to be forfeited.

feiture.

To Her Majesty's Colonial Land and Emigration Commissioners, London.

Signatures

Date

They may

In some respects, passengers may be considered as a portion of the crew. be called on by the master or commander of the ship, in case of imminent danger either from tempest or enemies, to lend their assistance for the general safety; and in the event of their declining, may be punished for disobedience. This principle has been recognised in several cases; but, as the authority arises out of the necessity of the case, it must be exercised strictly within the limits of that necessity. (Boyce v. Badcliffe, 1 Campbell, 58.) A passenger is not, however, bound to remain on board the ship in the hour of danger, but may quit it if he have an opportunity; and he is not required to take upon himself any responsibility as to the conduct of the ship. If he incur any

responsibility, and perform extraordinary services in relieving a vessel in distress, he is entitled to a corresponding reward. The goods of passengers contribute to general average. —(Abbott on the Law of Shipping, part iii. c. 10.)

PATENT, a privilege from the Crown granted by letters patent (whence the name), conveying to the individual or individuals specified therein, the sole right to make, use, or dispose of some new invention or discovery, for a certain specified period.

The power to grant patents seems to exist at common law; but it is limited and defined by the famous statute 21 Jac. 1. c. 3., which enacts," That any declaration before-mentioned shall not extend to any letters patent and grants of privilege for the term of 14 years or under, thereafter to be made, of the sole working or making of any manner of new manufactures within this realm, to the true and first inventor and inventors of such manufactures, which others at the time of making such letters patent and grants shall not use, so as also they be not contrary to the law, nor mischievous to the state, by raising prices of commodities at home, or hurt of trade, or generally inconvenient. The said 14 years to be accounted from the date of the first letters patent, or grant of such privilege thereafter to be made; but that the same shall be of such force as they should be if that act had never been made, and none other."

Policy of Patents. - The law with respect to patents is unavoidably encumbered with several difficulties. The expediency of granting patents has been disputed; though, as it would seem, without any sufficient reason. Were they refused, the inducement to make discoveries would, in many cases, be very much weakened; at the same time that it would plainly be for the interest of every one who made a discovery, to endeavour, if possible, to conceal it. And notwithstanding the difficulties in the way of concealment, they are not insuperable; and it is believed that several important inventions have been lost, from the secret dying with their authors. On the other hand, it is not easy to decide as to the term for which the patent, or exclusive privilege, should be granted. Some have proposed that it should be made perpetual; but this would be a very great obstacle to the progress of improvement, and would lead to the most pernicious results. Perhaps the term of 14 years, to which the duration of a patent is limited in England, is as proper a one as could be suggested. It may be too short for some inventions, and too long for others; but, on the whole, it seems a pretty fair average.

Specification. Previously to the reign of Queen Anne, it was customary to grant patents without any condition, except that they should be for really new inventions. But a condition was then introduced into all patents, and is still retained, declaring that if the inventor do not, by an instrument under his hand and seal, denominated a specification, particularly describe and ascertain the nature of his invention, and in what manner the same is to be performed, and also cause the same to be enrolled in Chancery within a certain time (generally a month), the letters patent, and all liberties and advantages whatever thereby granted, shall utterly cease and become void. This was a very judicious regulation. It secures the invention from being lost; and the moment the patent expires, every one is in a situation to profit by it.

Mode of granting a Patent. Letters patent are obtained upon petition and affidavit to the Crown, setting forth, that the petitioner has, after great labour and expense, made a certain discovery, which he describes, and which he believes will be of great public utility, and that he is the first inventor. The petition is referred to the attorney or solicitor general, who is separately attended by the applicant and all competitors, if there be any. They explain their projects to him, and he decides on granting or withholding the patent. When the inventions of two or more conflicting applicants coincide, he rejects all the applications. It would seem, that to decide upon such difficult questions in mechanics as are often agitated in applications for patents, a familiar knowledge of the principles and practical application of mechanical science would be indispensable. But by the law, as it now stands, such knowledge is not deemed necessary. The legal officers of the Crown are the sole judges as to what patents should or should not be granted; their award is final; and they are subject to no responsibility, other than the common remedies against public officers by impeachmeat, indictment, &c. -none of which would be entertained, unless a corrupt motive were established. After approval by the law officers, the grant is made out, sealed, and enrolled.

Considering the authority under which patents are granted, can any one wonder at the number that have been overturned in the courts of justice? or at the litigation to which they have given rise?

Expense of Patents. — Separate patents have to be taken out for England, Scotland, and Ireland, if it be intended to secure the privilege in the three kingdoms. The expense of stamps, fees, &c. is in all cases very heavy. It varies according to the intricacy of the invention, the opposition (if any) to the patent being granted, &c. But at a rough average it may, perhaps, be estimated at 120l. for England, 1001. for Scotland, and 1001. for Ireland. (See Parl. Paper No. 729. Sess. 1838.)

Conditions as to Patents. — The novelty and utility of the invention are essential to the validity of a patent; if it can be shown to have been in use previously to the grant of the patent, or to be of no utility, it will be void. It must also be for something vendible-something material and useful made by the hands of man."-(Lord Kenyon, 8 T. R. 99.) A philosophical principle only, neither organised, nor

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