Act No. VIII. of 1885. (Bengal.)

Act No. IX. of 1885. Su x/y6. 2 (1) 20 such as realis 6-XX 11/81

1/030.4 sch 111. P. 11 as 65 3.4

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE
29TH MAY, 1885.

An Act to repeal part of section 6 of the Indian Tariff Act, 1882, and to amend the Excise Act, 1881, the Bengal Excise Act, 1878, and the

Sea Customs Act, 1878:

WHEREAS it is expedient to repeal part of section 6 of the Indian Tariff xIT/91028 Act, 1882, and to amend section 7 of the Excise Act, 1881, section 18 of the Bengal Excise Act, 1878, and sections 145, 149 and 207 of the Sea Customs Act, 1878, in manner hereinafter appearing; It is hereby enacted as follows:

1. The part of section 6 of the Indian Tariff Act, 1882, beginning with the words "And whereas", down to Repeal of part of section 6 of and including the words "been paid ", is Act XI. of 1882. repealed.

5. (1) In section 145 of the Sea Customs Act, 1878, after the word "shall" the words "except when provision is made by any enactment for the time being in force for its being intermediately deposited

Amendment of sections 145 and 149 of Act VIII. of 1878.

in a licensed warehouse" shall be inserted.

(2) In section 149 of the same Act, after the words " custom-house the words " or to a warehouse licensed under any enactment for the time being in force" shall be inserted.

6. In section 207 of the same Act, for the word "respectively" the Amendment of section 207 of words "or any like body hereafter created the same Act. for any other port" shall be substituted.

Act No. X. of 1885. (Oudh.)

Act No. XI. of 1885. (Burma.)

Act IX.-Ss. 2, 3 and are not printed, as they relate to Act XXII. of 1881 and Ben. Act VII. of 1878, which are not in force in Bombay.

5

do.

Act No. XII. of 1885.

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE
22ND JULY, 1885.

An Act to amend the law relating to the carriage of passengers by sea.

WHEREAS by section 99 of an Act of the Imperial Parliament (a) called "The Passengers Act, 1855," it is enacted that "it shall be lawful for the Governor General of India in Council, from time to time, by any Act or Acts to be passed for that purpose, to declare that this Act or any part thereof shall apply to the carriage of passengers upon any voyage, from any ports or places within the territories of British India, to be specified in such Act or Acts, to any other places whatsoever, to be also specified in such Act or Acts;" and it is thereby also enacted that "on the passing of such Indian Act or Acts, and whilst the same shall remain in force, all such parts of this Act as shall be adopted therein shall apply to and extend to the carriage of passengers upon such voyages as in the said Indian Act or Acts shall be specified. The provisions of such Indian Act shall be enforced in all Her Majesty's possessions in like manner as the provisions of this Act may be enforced;"

R.X11 1910241

And whereas certain parts of the said Act of Parliament were by Act II. of 1860 (to amend the law relating to the carriage of passengers by sea) made applicable to the carriage of passengers upon certain specified voyages;

And whereas by an Act of the Imperial Parliament (b) called "The Passengers Act Amendment Act, 1863," certain parts of the Passengers Act, 1855, which were so made applicable, have been amended, and it is provided that the said Acts of the Imperial Parliament shall be construed together as one Act;

And whereas it is expedient that the amendments so made in the Passengers Act, 1855, should also be made in the parts of that Act so made applicable, and it is also expedient to apply those parts so amended to the carriage of passengers upon certain voyages not specified in Act II. of 1860; It is hereby enacted as follows:—

Short title and commencement.

1. (1) This Act may be called the Indian Sea Passengers Act, 1885; and

(2) It shall come into force on the first day of October, 1885.

2. On and from the day on which this Act comes into force, Act II. of

Repeal of Act II. of 1860.

1860 (to amend the law relating to the carriage

of passengers by sea) shall be repealed.

Act XII., Pre. (a).-The Act is 18 and 19, Vic., c. 119.

(b).-The Act is 26 and 27, Vic., c. 51.

3. The provisions contained in sections 4, 5 and 6 of this Act, and the

schedule hereto annexed (being parts of the Passengers Act, 1855, as amended by the Passengers Act Amendment Act, 1863), are declared applicable to the carriage of passen

gers upon the following voyages, namely

:

(a) voyages from the ports of Calcutta, Madras and Bombay to the

British Colonies of Mauritius, Jamaica, British Guiana,

Trinidad, St. Lucia, Grenada, St. Vincent, Natal, St. Kitts,
Nevis and Fiji;

(b) voyages from the ports of Calcutta, Madras and Bombay to the
French Colonies of Réunion, Martinique, Guadeloupe and
its dependencies, and Guiana;

(c) voyages from the ports of Calcutta, Madras and Bombay to the Netherlands colony of Dutch Guiana;

(d) voyages from the ports of Calcutta, Madras and Bombay to the Danish colony of St. Croix;

(e) voyages under the Native Passenger Ships Act, 1876, from Calcutta, Madras, Bombay, Karáchí, Rangoon and other ports in British India to the Straits Settlements, to the protected Native States adjoining the Straits Settlements, to Australia, and to ports in the Red Sea, Gulf of Aden or Persian Gulf and on the East Coast of Africa.

4. If the passengers or cabin-passengers upon any such voyage as is

Governors or Consuls may pay expenses of passengers taken off passenger-ship.

specified in the last preceding section are taken off from the ship carrying them or are picked up at sea from any boat, raft or otherwise, it shall be lawful, if the port or place to which they are conveyed is in any of Her Majesty's colonial possessions, for the Governor of such colony, or for any person authorized by him for the purpose, or, if in any foreign country, for Her Majesty's Consular Officer at such port or place therein, to defray all or any part of the expenses thereby incurred.

or

Governors Consuls may send on passengers, if the master of the ship fail to do so.

5. If any passenger or cabin-passenger of any such passenger-ship as aforesaid, without any neglect or default of his own, finds himself within any colonial or foreign port or place other than that for which the ship was originally bound, or at which he, or the Emigration Agent, or any public officer or other person on his behalf, has contracted that he should land, it shall be lawful for the Governor of the colony, or for any person authorized by him for the purpose, or for Her Majesty's Consular Officer at the foreign port or place, as the case may be, to forward the passenger or cabin-passenger to his intended destination, unless the master of the ship, within forty-eight hours of the arrival of such passenger or cabin-passenger, gives to the Governor or

Consular Officer, as the case may be, a written undertaking to forward or carry on within six weeks thereafter the passenger or cabiu-passenger to his original destination, and unless the master accordingly forwards or carries him on within that period.

Expenses incurred under sec tions 4 and 5 to be a Crown debt.

6. (1) All expenses incurred under the last two preceding sections, or either of them, by or by the authority of a Governor or Consular Officer, or other person as therein respectively mentioned, including the cost of maintaining the passengers and cabin-passengers until forwarded to their destination, and of all necessary bedding, provisions and stores, shall become a debt to Her Majesty and Her successors from the owner, charterer and master of the ship, and shall be recoverable from them, or from any one or more of them, at the suit and for the use of Her Majesty, in like manner as in the case of other Crown debts.

(2) A certificate in the form given in the schedule hereto annexed, or as near thereto as the circumstances of the case will admit, purporting to be under the hand of any such Governor or Consular Officer (as the case may be), stating the total amount of the expenses, shall, in any suit or other proceeding for the recovery of the debt, be received in evidence without proof of the handwriting or of the official character of the Governor or Consular Officer, and shall be deemed sufficient evidence of the amount of the expenses, and that the same were duly incurred;

nor shall it be necessary to adduce on behalf of Her Majesty any other evidence in support of the claim, but judgment shall pass for the Crown, with costs of suit, unless the defendant specially pleads and duly proves that the certificate is false or fraudulent, or specially pleads and duly proves any facts showing that the expenses were not duly incurred:

Provided, nevertheless, that in no case shall any larger sum be recovered on account of the expenses than a sum equal to twice the total amount of passage-money received or due to and recoverable by or on account of the owner, charterer or master of the passenger-ship or any of them from or on account of the whole number of passengers and cabinpassengers who may have embarked in the ship; which total amount of passage-money shall be proved by the defendant if he will have the advantage of this limitation of the debt; but if any such passengers are forwarded or conveyed to their intended destination under the provisions of the last preceding section, they shall not be entitled to the return of their passagemoney, or to any compensation for loss of passage.

Insurance.

7. No policy of assurance effected in respect of any passages or of any passage or compensation money by any person by this Act made liable in the events aforesaid to provide those passages or to pay that money, or in respect of any other risk under this Act, shall be deemed invalid by reason of the nature of the risk or interest sought to be covered by the policy of assurance.

THE SCHEDULE.

Form of Governor's or Consul's Certificate of Expenditure in the case of passengers shipwrecked, &c.

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 22ND JULY, 1885. THE INDIAN TELEGRAPH ACT, 1885.

PRIVILEGES AND POWERS OF THE
GOVERNMENT.

4. Exclusive privilege in respect of tele-
graphs, and power to grant licenses.

5. Power for Government to take possession of licensed telegraphs and to order interception of messages.