THE HONGKONG GOVERNMENT GAZETTE, 5TH AUGUST, 1876.
333
41, The penalties to which Masters and Ov ners of ships are made liable by this Act, shall be en- By whom proceedings forced only by information laid at the instance of the officers appointed to grant certificates under this for penalties to be Act; or, at any port or place where there is no such officer, at the instance of the Chief Officer of Customs. instituted.
42. Any Magistrate imposing any fine under this Act may, if he thinks fit, direct the whole or any Application of fines. part thereof to be applied in compensating any person for any detriment which he may have sustained by the act or default in respect of which such fine is imposed, or in or toward payment of the expenses of the proceedings.
43. Whenever, in the course of any legal proceeding under this Act, the testimony of any witness Depositions receivable is required in relation to the subject-matter of such proceeding, any deposition that he may have pre- when witnesses cannot
be produced. viously made in relation to the same subject-matter before any Justice or Magistrate in Her Majesty's dominions (including all parts of India other than those subject to the same Local Government as the port or place where such proceedings are instituted), or any British consular officer elsewhere, shall be admissible in evidence on due proof that such witness cannot be found within the jurisdiction of the Court in which such proceeding is instituted:
Provided that such deposition shall not be admissible unless-
(a) it is authenticated by the signature of the Justice, Magistrate, or consular officer;
(b) it was made in the presence of the person accused, and
(c) the fact that it was so made is certified by the Justice, Magistrate, or consular officer.
It shall not be necessary in any case to prove the signature or official character of the person appear- ing to have signed any such deposition; and in any criminal proceeding, such certificate as aforesaid shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner thereby
certified.
CHAPTER VI.
MISCELLANEOUS.
ation.
44. The Chief Officer of Customs, or the officer (if any) appointed under this Act, at any port or Information to be sent place within British India at which any ship to which this Act applies touches or arrives, shall, with to ports of embark- advertence to the provisions herein contained, send any particulars which he may deem important respect- ing the ship and the passengers conveyed therein, to the officer at the port from which the ship commenced her voyage, and also to the officer at any other port within British India where the passengers or any of them embarked.
And any officer appointed under this Act may at any port or place in British India at which any ship to which this Act applies touches, board such ship and inspect her in order to ascertain whether the provisions of this Act as to the number of passengers and otherwise have been complied with.
45. In any proceeding for the adjudication of any penalty incurred under this Act, any document Report of Consul. purporting to be a report of such particulars or a copy of the proceedings of any Court of justice duly authenticated, and also any like document purporting to be made and signed by any person lawfully exer- cising consular authority on behalf of Her Majesty in any foreign port, shall be received in evidence, if the same appears to have been officially transmitted to any officer at or near the place where the proceed- ing under this Act is had.
46. The Governor General in Council may from time to time make rules consistent with this Act, Power to make rules to regulate, in the case of any ship or class of ships to which this Act applies, all or any of the following as to provisions, stores,
matters:-
(a) the scale on which provisions, fuel and water are to be supplied to the passengers and the quality of such provisions, fuel and water;
(b) the medical stores and other appliances and fittings for maintaining health, cleanliness and de- cency to be provided on board;
(e) the boats, anchors and cables to be provided on board;
(d) the instruments for purposes of navigation to be supplied;
(e) the apparatus for the purpose of extinguishing fires on board and the precautions to be taken to prevent such fires;
(f) and, generally, to carry out the provisions of this Act.
All such rules shall be published in the Gazette of India, and shall thereupon have the force of law.
boats, &c.
47. The Local Government shall appoint such persons as it thinks fit to exercise and perform the Appointment of powers and duties conferred and imposed by this Act.
seasons
officers.
shall be deemed "sea- sons of fair weather?
48. The Governor General in Council may from time to time declare, by notification in the Gazette Power to declare what of India, what shall be deemed to be, for the purposes of this Act, "seasons of fair weather" and " of foul weather," aud for sailing vessels and steamers respectively, a "long voyage" and a "short voyage." and long voyages. 49. The Governor General in Council may from time to time direct, in the case of any ship or class Power to prescribe of ships, and for all or any voyages to which this Act applies, the number of superficial or of cubic feet of space to be contained for the passengers; and such direction shall override the provisions of sections for passengers. nineteen and twenty-two so far as they apply to such ship or class of ships.
Number and year.
XXV of 1859,.
XII of 1870,...
XII of 1872,
Madras Act II of 1862,..
SCHEDULE.
(See Section 4).
Title.
An Act to prevent the overcrowding of Vessels carrying Native
Passengers in the Bay of Bengal.
An Act for the regulation of Native Passengers Ships, and of Steam Vessels intended to convey Passengers on coasting voyages.
An Act to amend Act XII of 1870, (The Native Passenger Ships
Act).
An Act to extend the provisions of Act XXV of 1859, entitled An Act to prevent the overcrowding of Vessels carrying Native Passengers in the Bay of Bengal.
space to be contained