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Act No. IX. of 1885. sc xh/96.1241) de smuk en rolali k xx1/84.

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1/030.4 schim. Pell as to 1.4

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE

29th May, 1885.

An Act to rapoal part of rention for of the lattian Tarif Act, 1889, tad 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
Aet, 1883, 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:-

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1. The part of section 6 of the Indian Tariff Aet, 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 1832.

repealed.
5. (1) In section 145 of the Sea Customs Act, 1878, after the word

“shall ” the words "except when provision is Amendment of sections 145 and

made by any enactment for the time being in 149 of Act VIII. of 1878.

force for its being intermediately deposited 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.-Sg. 2, 3 and 4 are not printed, as they relate to Act XXII. of 1881 and Ben. Act VII. of 1878, which are not in force in Bombay.

Act No. XII. of 1885.

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE

22ND JULY, 1885.

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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) cailed “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 ;'

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(6) 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 provid. ed 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:

1. (1) This Act may be called the In-
Short title and coinmencement.

dian 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

1860 (to amend the law relating to the carriage dodh i p Repeal of Act II. of 1860.

of passengers by sea) shall be repealed.

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R X1/91921)

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

--(6). –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 Certain provisions of the Sta

Passengers Act, 1855, as amended by the tutes made applicable to specified voyages from India.

Passengers Act Amendment Act, 1863), are

declared applicable to the carriage of passengers 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;
(6) 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 ; (dl) 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 tu 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

specified in the last preceding section are Governors or Consuls may pay taken off from the ship carrying them or are expenses

passengers taken off passenger-ship.

picked up at sea from any boat, raft or other

wise, 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. 5. If any passenger or cabin-passenger of any such passenger-ship

as aforesaid, without any neglect or default Governors or Consuls may of his own, finds himself within any colonial send on passengers, if the master of the ship fail to do so.

or foreign port or place other than that for

which the ship was originally hound, 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

of

Consular Officer, as the case may be, a written undertaking to forward or carry on within six weeks thereafter the passenger or cabin-passenger to his original destination, and unless the master accordingly forwards or carries him on within that period. 6. (1) All expenses incurred under the last two preceding sections, or

either of them, by or by the authority of a Expenses incurred under sec

Governor or Consular Officer, or other person tions 4 and 5 to be a Crown debt.

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. 7. No policy of assurance effected in respect of any passages or of any

passage or compensation money by any person Insurance.

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.
(See section 6.)

I hereby certify that acting under, and in con-
formity with, the provisions of the Indian Sea
Passengers Act, 1885, I have defrayed the expenses

incurred in rescuing, maintaining, supplying with (a) N.B.-1. If more passengers necessary bedding, provisions and stores(a), and in were rescued than forwarded, or if forwarding to their destination

pasbedding, &c., was not supplied, alter

sengers (including the certificate to suit the facts of the

cabin-passengers(6),] who were proceeding from

in the passenger-ship (6) N.B.-2. Omit words in brackets

which was wrecked at sea, &c.(c) when necessary. (c) N.3.-3. State generally the

And I further certify, for the purposes of the sixth nature of the disaster and where it

section of the said Indian Sea Passengers Act, 1885, occurred. But if the passengers were

that the total amount of such expenses is only left behind without any default , and that such expenses were duly incurred of their own, state the fact accord by me under the said Act. ingly.

case.

to

Given under my hand this

day of

{

,18 Governor of, Sc. (or, as the case may be, Her

Britannic Majesty's Consul at

Act No. XIII. of 1885. XT/88.
RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 22nd July, 1885.

THE INDIAN TELEGRAPH ACT, 1885.

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PART III.
POWER TO PLACE TELEGRAPH LINES AND

Posts.
10. Power for telegraph authority to

place and maintain telegraph lines

and posts.
11. Power to enter on property in order

to repair or remove telegraph lines
or posts.

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