CO129-054 - Sir Bowring - 1856 [1-2] — Page 126

Fine may be substi-

tuted for Forfeiture.

Mode of Procedure in Criminal Cases.

Application of Pen-

alties.

XII. It shall be lawful for the Court before which any Ship liable to Forfeiture under this Act is proceeded against to impose such a pecuniary Penalty as to the same Court shall seem fit, in lieu of condemning the Ship, and in such Case to cause the Ship to be detained until the Penalty is paid, and to cause any Penalty so imposed to be applied in the same Manuer in which the Proceeds of the said Ship, if condemned and sold by Order of the Court, would have been applicable.

XIII. All Misdemeanors and other Criminal Offences punishable under this Act shall be dealt with, tried, and judged of in the same Manner as Misdemeanors and other Offences punishable under the Merchant Shipping Act, 1854, and all the Rules of Law, Practice, or Evidence applicable to the last-mentioned Misdemeanors and Offences shall be applicable to Misdemeanors and other Offences under this Act.

XIV. Any Court, Justice, or Magistrate imposing any Penalty under this Act for which no specific Application is herein provided may, if it or he thinks fit, direct the whole or any Part thereof to be applied in compensating any person for any Wrong or Damage which he may have sustained by the Act or Default in respect of which such Penalty is imposed, or in or towards Payment of the Expenses of the Proceedings; and, subject to such Directions or specific Application as aforesaid, all Penalties recovered in the United Kingdom shall be paid into the Receipt of Her Majesty's Exchequer in such Manner as the Treasury may direct, and shall be carried to and form Part of the Consolidated Fund of the United Kingdom; and all Penalties recovered in any British Possession shall be paid over into the Public Treasury of such Possession, and form Part of the Public Revenue thereof.

Written Declarations

XV. In any legal Proceeding taken under this Act or in respect of the Bond herein-before required, any Docu of Commanders, &c., ment purporting to be the written Declaration of any British Consul, or of the Commander of any of Her Majesty's prima facie Evidence. Ships of War, or to be a Copy of the Proceedings of any Court of Justice, shall, without any Proof of Signature, be received in Eveidnce, in case it shall appear that such Copy or Declaration, if produced in the United Kingdom, was officially transmitted to One of Her Majesty's Principal Secretaries of State, or, if produced in any Colouy, was officially transmitted to the Governor thereof: Provided always, that no Person making such written Declaration as aforesaid shall be capable of receiving a Share of any Penalty or Forfeiture which shall be procured by such written Declaration.

Act.

Short Title.

Commencement of

XVI. This Act may be cited for any Purpose whatever under the Name of the "Chinese Passengers Act, 1855."

XVII. This Act shall come into operation as soon as it shall have been proclaimed in Hong Kong by the Go- vernor thereof, or if not so preclaimed, on the First Day of January next ensuing.

SCHEDULE (4.)

Regulations respecting Chinese Passenger Ships.

Note. The wilful and fraudulent Breach of any of these Regulations by the Person in charge of any Chinese Passenger Ship is punishable by Forfeiture of the Ship, and every Person concerned in such Breach is liable to a Fine of One hundred Pounds for cach Offence.

I. No Chinese Passenger Ship shall clear out or proceed to Sea on any Voyage of more than Seven Days' Dura- tion without a Certificate from an Emigration Officer; and such Certificate shall be in the Form provided by the Chinese Passenger Act, 1855.

II. No Emigration Officer shall be bound to give such Certificate in respect of any Chinese Passenger Ship till Seven Days after receiving Notice that the Ship is to carry Passengers, and of her Destination, and of her proposed Day of Sailing, nor unless there are on board a Surgeon and Interpreter approved by such Emigration Officer.

III. After receiving sach Notice, the Emigration Officer shall be at liberty at all Times to enter and inspect the Ship, and the Fittings, Provisions, and Stores therein, and any Person impeding him in such Entry or Inspection, or refusing to allow of the same, shall be liable to a Fine of not more than One hundred Pounds for each Offence.

IV. The Emigration Officer shall not give his Certificate unless he shall be satisfied,--

1. That the Ship is sea-worthy, and properly manned, equipped, fitted, and ventilated; and has not on board any Cargo likely, from its Quality, Quantity, or Mode of Stowage, to prejudice the Health or Safety of the Passengers:

2. That the Space appropriated to the Passengers in the 'Tween Decks contains at the least Twelve Super- ficial and Seventy-two Cubical Feet of Space for every Adult on board; that is to say, for every Passenger above Twelve Years of Age, and for every Two Passengers between the Ages of One Year and Twelve Years: 3. That a Space of Five Superficial Feet per Adult is left clear on the Upper Deck for the Use of the Passengers;

4. That Provisions, Fuel, and Water have been placed on board of good Quality, properly packed, and sufficient to supply the Passengers on board during the declared Duration of the intended Voyage, according to the following Scale:

Pork and Fish; or

Rice,

Salted Provisions.-

Wholly Pork; or

Pork, Beef, and Fish

Salted Vegetable or Pickles

Water

Firewood

Tea

Calomel,

Blue Pill,

DIETARY SCALE.

33

1 per diem.

do.

13

12/13

do.

Imperial Quarts 3

do.

#2 do.

oz.

do.

5. That Medicines and Medical Comforts have been placed on board according to the following Scale:

SCALE OF MEDICINES AND MEDICAL COMFORTS:

Rhubarb Powder,

For every 100 Passengers, and in like Proportion for any greater or less Number.

INSTRUMENTS, &c.

Set of Amputating and other Surgical Instruments (if there be any Person on board competent to use them).

One Ounce Glass Measure.

1 Minim Glass Measure.

Pestle and Mortar (Wedgewood).

1 Set of Weights and Scales (Grains in box).

Set of common Splints.

1 Set of Bleeding Lancets.

1 Silver Catheter.

1 Spatula.

I Dressing Scissors.

1 Jufusion Box.

1 Quire of Country Paper.

1 Penknife.

2 Metal Bed Pans.

2 Trusses for Hernia, Right and Left.

2 Small Syringes.

4 Ounces prepared Lint.

2 Pieces Cloth for Bandages.

V. The Master of any Chinese Passenger Ship being a British Ship and proceeding on a Voyage of more then Seven Days' Duration shall, during the whole of the intended Voyage, make Issues of Provisions, Fuel, and Water, according to the aforesaid Dietary Scale, and shall not make any Alteration, except for the manifest Advantage of the Passengers, in respect of the Space allotted to them as aforesaid, or in respect of the Means of Ventilation, and shall not ill-use the Passengers, or require them (except in case of Necessity) to help in working the Vessel; and shall issue Medicines and Medical Conferts, as shall be requisite, to the best of his Judgment, and shall call at such Ports as may be mentioned in the Emigration Officer's Clearing Certificate for fresh Water and other Necessaries; and shall carry them without unnecessary Delay to the Destination to which they have contracted to proceed.

VI. The Emigration Officer shall not give his Certificate until he shall have mustered the Passengers, and have ascertained to the best of his Power that they understand whither they are going, and comprehend the Nature of any Contracts of Service which they have made; he shall also take care that a Copy of the Form of such Contracts, or an Abstract of their Substance, signed by himself, is appended to the said Certificate: If any of the Passengers are in bad Health, or insufficiently provided with Clothing, or if the Contracts are unfair, or if there is Reason to suspect that Fraud or Violence have been practised in their Collection or Embarkation, he may detain the Ship, and, if he shall think it, may order all or any of the Passengers to be re-landed.

in

SCHEDULE (B.) Emigration Officer's Certificate. &c.

I hereby authorise the Chinese Passenger Ship

to proceed to Sea for the Port of ; and I certify that the said Ship can legally carry

Adults, and that there are on board Passengers, making in all

Adults, viz.,

Men,

Women,

Male Children, and

Female Children, such Children being between the Ages of One and Twelve Years; that the Space set apart and to be kept clear for the Use of such Emigrants is as follows:-On the Upper Deck, Superficial Feet, being [here describe the Space], and in the Between Decks

Superficial Feet, being [here describe the Space]; that the Ship is properly manned and fitted, and that the Means of ventilating the Part of the Between Decks appropriated to Passengers are as follows, [here describe the Means of Ventilation]; that the Ship is furnished with a proper Quantity of good Provisions, Fuel, and Water for

Days' Issues to the Passengers according to the annexed Dietary Scale, and with a proper Quantity of Medicines, Instruments, and Medical Comforts according to the annexed Scale of Medical Necessaries; that I have inspected the Contracts between the Emigrants and their intended Employers (the Terms of which are annexed to this Certificate), and consider them reasonable; that no Fraud appears to have been practised in collecting the Emigrants; and that there are on board a Surgeon Hand Interpreter] approved by me, and designated [respectively

and} Master of the Ship is to put into

for Water and fresh Vegetables.]

Dated this

Day of

and

18

(Signed)

* These Scales must be these prescribed by the Regulations in Schedule A.

that the Ship has been authorized to proceed without an Intrepreter."

Emigration Officer.

[The

In case the Ship has been authorized to proceed without an Interpreter, omit the Part between Brackets, and add “aud The Part between Brackets is to be inserted or not, as may be required.

SCHEDULE (C.).

Form of Bond to be given by the Masters of Chinese Passenger Ships.

Know all Men by these Presents, That we are held and firmly bound unto our Sovereign Lady Queen Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, in the Sum of One thousands Pounds of good and lawful Money of Great Britain, to be paid to our said Sovereign Lady the Queen, Her Heirs and Successors; to which Payment, well and truly to be made, we bind ourselves and every of us, jointly and severally, for and in the whole, our Heirs, Executors, Administrators, and every of them, firmly by these Presents.

18

Sealed with our Scals.

Dated this Day of Whereas by the Chinese Passenger Act, 1855, it is enacted, that before any Chinese Passenger Ship shall clear out or proceed to Sea on a Voyage of more than Seven Days' computed Duration, the Master thereof shall, with Two sufficient Sureties to be approved by an Emigration Officer, enter into a Bond to Her Majesty, Her Heirs aud Successors, in the Sum of One thousand Pounds.

whereof

Now the Condition of this Obligation is this, that if (in respect of the Ship

is Master) all and every of the Requirements of the said Chinese Passenger Act, and of the Regulations contained in Schedule (4.) to the said Act annexed, or enacted by the Legislature of Hongkong, shall be well and truly observed and performed in like Manner as the same ought to be observed and performed in case the said Ship were a British Ship, and the said

a British Subject], then this Obligation to be void, otherwise to remain in full Force

and

in the Presence of

Compound Jalap Powder,

Ipecacuanba Powder,

Opium,

Dover's Powder,

Magnesia,

Epsom Salts,

Chloride of Lime,

Tartar Emetic,

Quinine,

Antimonial Powder,

Extract of Colocynth, Compound,

Carbonate of Ammonia,

Assafoetida,

Camphor,

Camphorated Liniment,

Catechu,

Prepared Chalk,

Tincture of Opium,

Turpentine,

3 02.

Senna Leaves,

8 oz.

2

Blistering Plaister,

8

13

2

"

Sulphur Sublimed

16

and Effect.

ກ

12

+

Sulphur Ointment,

12

Signed, sealed, and delivered by the above-bounden

Linseed Flour,

4 to

Country Soap,

24 07.

* This Clause to be inserted only in the Case of a Foreign Chinese Passenger Ship.

Castor Oil,

6 Bottles.

2

Oil of Peppermint,

2 oz.

Adhesive Plaister, spread,

2 Yards.

20

Simple Ointment,

16 oz.

4 Drams.

Ringworm Ointment,

16

2 oz.

Jeremie's Opiate,

2 oz. Phial.

""

Aromatic Spirits of Hartshorn,

4

"

1

Cholera Pills in Phial,

12 Drams.

"

1층 1

Cubebs Powder,

4 lb

"

Sweet Spirits of Nitre,

16 oz.

16

Copaiba,

Sulphate of Copper,

Sulphate of Zinc,

16

وو

2

1

12

Lunar Caustic,

8

Lime Juice,

16

Rum or Brandy,

4 Drams.

36 Quarts.

36

#

121