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THE HONGKONG GOVERNMENT GAZETE, 5тп AUGUST, 1876.
and there to obtain a clean bill of health, and to do the same on the homeward voyage if she continue (being propelled by sails) to carry more than thirty passengers, or (being propelled by steam or partly by steam and partly by sails) to carry more than sixty passengers.
Ships sailing to or from port in Red Sea from any port in British India to any port in the Red Sea,
27. Every ship carrying more than thirty passengers being Natives of Asia or Africa, and sailing
to touch at Aden.
Bill of health.
or sailing from any port in the Red Sea to any port in British India,
shall touch at Aden, and shall not leave that port without having obtained from the proper authority a clean bill of health.
28. No bill of health shall be granted under section twenty-six or section twenty-seven in case the ship has on board a greater number of passengers than in the proportion prescribed for her by this Act.
CHAPTER V. PENALTIES.
Penalty for ship
29. If any ship departs or proceeds upon a voyage from, or discharges passengers at any port or unlawfully departing. place within British India in contravention of the provisions of section six or section nine,
Penalty for pposing entry on or inspection
of ships.
Penalty for not
exhibiting copy of Certificate.
Penalty for non- compliance with
requirements as to list
of
passengers.
Penalty for failing
to obtain fresh
certificate for
additional passengers taken.
Penalty for fraudulent
certificate obtained.
or if any person is received as a passenger on board a ship in contravention of the provisions of the second clause of section six,
the Owner or Master shall, for every passenger conveyed in such ship, or for every passenger so dis- charged or received on board, be liable to a penalty not exceeding one hundred rupees, or to imprison- ment not exceeding one month, or to both;
and the ship, if found within two years in any port within British India, may be seized and detained by any Chief Officer of Customs until the penalties incurred under this Act by her Owner or Master have been adjudicated, and the payment of the tines imposed on him under this Act, with all costs, has been enforced, under the provisions hereinafter contained.
30. Any person impeding or refusing to allow the entry or inspection authorized under this Act, shall be liable to a fine not exceeding five hundred rupees for each offence, or to imprisonment for a term not exceeding three months, or to both.
31. Any Owner or Master wilfully failing to comply with the requirements of section seventeen, as to copies of certificates, shall, for every such failure, be liable to fine not exceeding two hundred rupees, or to imprisonment for any term not exceeding a month, or to both.
32. Any Master failing to comply with any of the requirements of section twenty-three or section twenty-four, as to the statement of passengers,
or wilfully making any false entry or note in or on any such statement,
or wilfully failing to obtain any such supplementary certificate as is mentioned in section twenty, or to report deaths as required by section twenty-one, or to obtain any such fresh certificate, or to make any such statement of the number of additional passengers, as is mentioned in section twenty-five,
shall be liable to a fine not exceeding five hundred rupees for every such offence, or to imprisonment for a term not exceeding three months, or to both.
33. Any Master who, after having obtained any of the certificates mentioned in section nine or alteration in ship after section twenty, or section twenty-five, fraudulently does or suffers to be done anything whereby such certificate becomes iuapplicable to the altered state of the ship, her passengers, or other matters to which such cortificate relates, shall be liable to a fine not exceeding two thousand rupees, or to imprisonment not exceeding six months, or to both.
Penalty for failing to
supply passengers with prescribed provisions.
Penalty for not
obtaining bill of health.
Penalty for excess of number specified in certificate.
Penalty for bringing Native passengers
34. Any Master wilfully, and without satisfactory excuse, omitting to supply to any passenger the allowance of food, fuel and water prescribed by rule made under this Act and for the time being in force, shall be liable to a fine not exceeding twenty rupees for every passenger who has sustained detriment by such omission.
35. The Master of any ship described in section twenty-seven, who wilfully fails to touch at Aden, or leaves that port without having obtained the bill of health therein mentioned, shall, for every such offence, be liable to a fine not exceeding two thousand rupees, or to imprisonment not exceeding six months, or to both.
36. If any ship has on board any number of passengers which, having regard to the time of the year and other circumstances, is greater than the number allowed by the certificate, or, if arriving from a port where no certificate could be procured, has on board a number of passengers exceeding the number allowed by this Act for such ship, the Owner and Master shall, for every passenger over and above the number allowed by the certificate, be each liable to a fine not exceeding twenty rupees, and the Master shall further be liable for each of such passengers to imprisonment not exceeding one week: Provided that the total term of imprisonment awarded under this section shall in no case exceed six months.
Any officer authorized in this behalf by the Local Government may cause all passengers over and above such number to disembark, and may forward them to any port of British India, and may recover the cost of so forwarding them from the Owner or Master of the ship as if such cost was a fine imposed under this Act, and a certificate under the hand of such officer shall be conclusive evidence of the amount of the cost aforesaid.
37. If any ship bringing Native passengers from any port or place beyond British India, into any port or place in British India, has on board a greater number of passengers than in the proportion pre- from Eastern port in scribed by section nineteen, section twenty-two, or section forty-nine (as the case may be), or than the number allowed by the license or certificate (if any) granted in respect of such ship at her port or place of departure, the Owner and Master shall, for every passenger in excess of such proportion or of the number so allowed, be each liable to a fine not exceeding twenty rupees.
exeess of authorized
proportion.
Penalty for landing
other than that at which he has
38. If the Master of any ship to which this Act applies lands any passenger at any port or place passenger at a place other than the port or place at which he may have contracted to land, unless with his previous consent, or unless such landing is made necessary by perils of the sea or other unavoidable accident, the Master shall, for every such offence, be liable to a penalty not exceeding two hundred rupees, or to imprisonment for any term not exceeding a month, or to both.
contracted to land.
Adjudication of offences.
Fine leviable by distress on ship.
Jurisdiction.
Procedure.
39. All offences against this Act shall be punishable in a summary manner by a Magistrate. If the person on whom any fine is imposed under this Act is the Master or Owner of a ship, and the fine is not paid at the time and in the manner prescribed by the order of payment, the Magistrate may, in addition to the ordinary means prescribed by law for enforcing payment, direct by warrant the amount remaining unpaid to be levied by distress and sale of the said ship, her tackle, furniture and apparel.
40. For the purpose of the adjudication of penalties under this Act, every offence against its pro- visions shall be deemed to have been committed within the limits of the jurisdiction of the Magistrate of The place where the offender is found.
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