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master is captain or owner. The seventh section exempts the mates of vessels of a certain tonnage from impressment.

By 6 Geo. 4, c. 107, s. 15, the master of every British ship arriving at any port in the United Kingdom, on her return from any British possessions in America, shall, within ten days after arrival; give in to the collector or comptroller a list of the crew on board on the ship's arrival in the said possessions, with a list of desertions and deaths, with the amount of wages due to each deceased seaman, under a penalty of 50l.

The master of every ship arriving from parts beyond the seas at any port in the United Kingdom or in the Isle of Man, whether laden or in ballast, shall, within twenty-four hours after such arrival, and before bulk shall be broken, make due report of such ship upon oath before the collector and comptroller of such port, and such report shall contain an account (amongst other things) of the number of people by whom such ship was navigated, stating how many are subjects of the country to which such ship belongs, and how many are of some other country.

And by 6 Geo. 4, c. 114, s. 15, the master of every ship arriving in any of the British possessions in America, or the island of Mauritius, or the islands of Guernsey, Jersey, Alderney, or Sark, whether laden or in ballast, shall come directly and before bulk be broken to the custom house of the port or district where he arrives, and there make a report upon oath, and, amongst other things, of the number of the crew, and how many are of the country of such ship.

Quarantine.

The last Act on the subject of quarantine is 45 G. 3. c. 10, to which the reader is referred. It is observable, that disobedience to quarantine, although punishable

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capitally by statute, is yet an indictable offence at common law.

Wreek.

Much of the law relating to this subject has been alread noticed in discussing the cases on salvage.

Sect. 19.

By the new act for consolidating the law of larceny, it 7&8 Geo. 4, is made a capital felony to steal any part of a vessel in dis- c. 29, s. 18. tress, or any goods belonging to it; and plundering articles of small value stranded or cast on shore is simple larceny. If any person be found in possession of shipwrecked goods, and do not account to the justice's satisfaction for them, the property shall be restored to the rightful owner, and the offender shall pay, over and above the value of it, a sum not exceeding 201.

And by section 20, the offence of offering shipwrecked goods for sale without rendering a sufficient account is punishable in like manner. The goods may be seized, and delivered to the rightful owner, and a reasonable suspicion that they have been unlawfully taken will justify the proceedings.

c. 30, s. 11.

Lastly, under the new Act for punishing malicious injuries, whoever shall exhibit any false light or signals with intent to bring any ship into danger, or shall do 7 & 8 Geo. 4, any thing tending to the immediate loss or destruction of a vessel in distress, or destroy any part of a ship wrecked, distressed, or stranded, or cast on shore, or any of the goods, or shall forcibly prevent or impede any person from endeavouring to save his life, (whether such person be on board or have quitted the ship,) shall suffer death as a felon.

Carrying Passengers.

The conveyance of passengers in British ships is now 6 Geo. 4, c. 116, regulated by a new Act. By section 2, where the voyage

is to any port out of Europe, and not within the Straits

of Gibraltar, and there be more persons on board than

Sect. 17.

Sect. 16.

Sect. 18.

Sect. 19.

Sect. 3.

Sect. 4.

Sect. 5.

in the proportion of one for every five tons burthen(0), including the master and crew, there must be a licence from the Commissioners of Customs, and under the licence there cannot be more than one to every two tons (p). But three of the Lords of the Treasury may exempt from the Act ships carrying passengers from Ireland to the British possessions in North America. The following vessels also are exempted: ships in his Majesty's service; in the service of the PostmasterGeneral; in the East India Company's service; ships bound to the fisheries at Newfoundland, or on the coast of Labrador. With respect to foreign ships there is the like provision as in section 2, only that the licence is not under any restriction. Where the privileges of British ships are granted to those of a foreign state, the Act is to apply.

A laden ship, proceeding upon the voyage mentioned in the second section, is not to take more passengers than one for every two tons remaining unladen(q), and certain spaces in the ship are to be deemed equivalent

to two tons.

The estimation of the tonnage is to be according to the certificate of registry (r); and, in cases of foreign ships, by admeasurement. Where the crew exceed one for every five tons, as mentioned in section 2, a list of such

(0) Penalty on master 50 l., and by sect. 6, 50l. on master who takes more than such as are specified in the licence; and again, by sect. 15, penalty on master of 200 l. if he refuse to produce the licence when demanded by the officers of his Majesty's ships of war, revenue vessels, collectors of the ports, governors or lieutenant-governors at British possessions, or consuls at foreign ports.

(p) Two children under fourteen, or three under seven, to be computed as one passenger.

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(q) Penalty on master 207.

(r) See 2 Barn. & Cress. 556, Bishop v. Macintosh.

crew, with the number of the passengers, their names, ages, and descriptions, must be delivered to the collector of customs at the port for the purpose of registry; and if the number should exceed fifty, the ships shall not be cleared out without a bond to the King, such bond to be without stamp, with two sufficient sureties, in an amount equal to 201. for each passenger, child or adult, that the ship is seaworthy, properly stored with water and provisions, that she has a surgeon (s) and medicine-chest (t), and that each passenger shall be landed at the port desired, unless landed elsewhere with consent; the bond to be left with the collector at the port.

Every ship, so licensed, to have such a supply of water as will allow five pints daily for every person, including master and crew (u). The stowage of the water is then pointed out, and a certain proportionate quantity of beef, &c. and other provisions (x), the allowance to commence on the day of the ship's departure from the port(y).

If any passenger shall be desirous of being relanded, and not proceeding on the voyage, the collector of the

voyage, and to

(s) The surgeon is to continue during the show a certificate to the officer of the customs of his having passed his examination at Surgeons Hall in London, or at the College in Edinburgh or Dublin, or before the medical faculty at Glasgow University; by sect. 12.

(t) The medicines must be according to the usual assortment, and oath made of the contents of the chest, and of the quality of the medicines, &c., and the affidavit to be left at the custom house where the ship clears; penalty on owner or master, 20l. for every person on board, including master and crew; by sect. 13.

(u) Two children under ten as one person.

(x) See the Act.

(y) Penalty on master, 10l. for failing to give out these provisions, if required; by sect. 8.

Sect. 7.

Sect. 9.

Sect. 10.

By Bayley, J. in Siordet v. Brodie, 3 Campb. 253.

port, or proper officer of the customs, or any magistrate of the kingdom, may cause such person to be taken out of the ship with the baggage, and set free, reserving any legal claim which may thereupon arise. And upon the relanding of such passenger, a proportionate quantity of provisions and water may be unshipped, but if there be any such unshipment or relanding in any other case, the master shall forfeit 500 l.

The eleventh section prescribes the airing the bedding of the passengers daily, if the weather permit, and fumigating the ship twice a week, at least (z).

For the mode of recovering penalties and conducting legal proceedings, see the 20th and 21st sections. No action is, however, to be brought for them after three years.

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If there be no usage upon the subject, I think the "law is, that where the captain has contracted to carry passengers, and dies, his representatives are entitled "to the benefit of the contract, and may maintain an "action for the passage-money. If the mate lays out money in purchasing stores for such passengers, he is "the agent of the representatives for that purpose, and may oblige them to repay him. But where, after the “ death of the captain, the mate contracts to carry passengers on the homeward voyage, he is himself "entitled to the benefit of the contract, and may retain “ the whole of the passage-money. If for the enter"tainment of such passengers he uses any part of the "stores laid in by the captain, for so much he must "account to the captain's representatives." These distinctions were acquiesced in.

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A passenger, intending to embark at Portsmouth, put her luggage on board in the Thames, and paid the passage-money; the ship was lost going round to Ports

(z) Penalty on master 20 l. for each neglect.

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