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persons, making altogether 476 persons, on 23 more than the cleared out for, while if 12 feet only had been allowed on the "lower deck", the "Alfred" had capacity for 578 persons, or 8 more than are stated to have been put on board her in Horton's Bay.
The "Alfred" was a large and very many ship; the hull was employed by the German Confederation as a means of war during the disturbances in Holstein.
When her second deck, or the one in question, was the lower deck, according to the words of the Note, the Deck below the Main Deck, not being "Orlop", it had permanent beams, properly laid and fastened, and constituting a portion of the permanent structure of the ship, and was therefore, legally speaking, a "Passenger Deck", and
the bet
78 25
head on right to be calculated for in the number of persons the vessel was entitled to carry
Reference has been made to the 12 Section of the Passengers Act, and the 3rd Section in connection with it; it is true that one part of the 18th Section restricts the number of passengers to one for every two tons, but another part simply assigns superficial feet of space, as the limit to be observed,
But then was just he's "without any reference whatever as to tonnage.
I shall not however stop to enquire whether these two clauses are reconcileable with each other, or which of them should have ruled the "Alfred" in the case, if judged by them, but will pass on to see 1st of the Same Passenger's Act, Amended by 18 & 17 Victoria Cap. 84, which says.
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