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Penalty on
Master im-

properly landing

Passengers at any Place not contracted for.

How Children are to be computed in the Enumeration of Passengers.

Fines in case of Detention.

Passengers to be maintained for 48 Hours after

their Arrival.

Penalties in case of In

fringement of

Collector or other Chief Officer as aforesaid; and the said Master shall exhibit the said Counterpart of his said List to the Collector or other Chief Officer of His Majesty's Customs at any Port or Place in His Majesty's Possessions, or to His Majesty's Consul at any Foreign Port, at which the said Passengers, or any of them, shall be landed, and shall deposit the same with such Collector or Chief Officer of Customs, or such Consul, as the Case may be, at his final Port of Discharge in the said Possessions.

XII. And for the Prevention of Frauds which might be practised upon Persons emigrating from the United Kingdom, be it further enacted, That the Master of any Ship carrying any Passengers as aforesaid shall not, without his or her previous Consent, land or put on shore, or cause to be landed or put on shore, any Passenger at any Port or Place other than the Port or Place at which he may have contracted to land or put such Passenger on shore.

XIII. Provided always, and be it further enacted and declared, That for the Purpose and within the Meaning of this Act Two Children, each being under the Age of Fourteen Years, but above the Age of Seven Years, or Three Children, each being under the Age of Seven Years, shall in all Cases be computed as One Person only; and that Children under the Age of Twelve Months shall not be included in the Computation of the Number of Persons.

XIV. And be it further enacted, That if any Ship shall not actually put to Sea and proceed upon any such intended Voyage as aforesaid on the Day for that Purpose appointed in and by any Contract made by the Owner, Master, or Charterer of such Ship, or by their Agent, with any Passenger who shall on that Day be on board the same, or ready to proceed on such intended Voyage, then and in every such Case the Master of such Ship shall pay to each and every such Passenger as shall have contracted to victual himself a Fine, to be computed at and after the Rate of One Shilling in respect of each Day during which he or she shall be so detained previously to the actual clearing out and final Departure of such Ship on such Voyage, and that the same may be recovered daily ; and the Master of such Ship shall victual each and every such Passenger as shall have contracted to be victualled by the Ship Owner on and from the Day which shall be so appointed: Provided always, that no such Fine as aforesaid shall be incurred or be payable in respect of any Detention of any such Vessel which shall be so detained by Stress of Weather or other unavoidable Cause.

XV. And be it further enacted, That at the Close of any such Voyage as aforesaid every Person arriving as a Passenger at any Port or Place shall, during the Space of Forty-eight Hours next after such Arrival, be entitled to continue on board such Ship, and to be provided for and maintained on board the same in such and the same Manner as during such Voyage, unless in any Case it shall have been expressly stipulated and agreed between any such Passenger and the Master of such Ship that such Passenger shall not be entitled to such Provision or Maintenance during the said Period of Forty-eight Hours, or unless in the ulterior Prosecution of her Voyage any such Ship shall quit any such Port or Place within the said Period of Forty-eight Hours.

XVI. And be it further enacted, That if any Ship carrying Passengers on any Voyage from any Port or Place in the United King

dom,

Enactments.

dom, or in the Islands of Guernsey, Jersey, Alderney, Sark, or Man, the preceding on any Voyage to or for any Port or Place out of Europe, and not being in the Mediterranean Sea, shall carry any Number of Passengers exceeding by more than One Person in Fifty the Proportion authorized and allowed by this present Act; or if such Ship shall not be of the Height between Decks herein-before required; or if such a Platform as herein-before directed shall not be laid and continued throughout the whole Duration of any such Voyage in such Manner as is herein-before required; or if there shall be more than Two Tiers of Berths; or if there shall not be throughout the whole Duration of any such Voyage such an Interval as is hereinbefore prescribed between the Deck and the Floor of the lower Tier of Berths; or if any such Ship shall clear out and put to Sea not having on board such Water and Provisions as aforesaid, for the Use and Consumption of the said Passengers, of the Kind and to the Amount and in the Proportion herein-before required; or if a Table of the Prices of Provisions or Stores shall not be exhibited as hereinbefore required; or if any higher Prices than are named in such Table shall be charged; or if there shall not be on board any such Vessel such Medical Practitioner as aforesaid, or such Medicines and other Things necessary to the Medical Treatment of the Passengers, as is herein-before required; or if any such Ship shall be cleared out before such Lists of Passengers as herein-before mentioned shall have been delivered in manner and form aforesaid to such Officer as aforesaid; or if any such List shall be wilfully false; or if the Copy or Abstract of this Act be not produced as hereinbefore required; or if any Passenger shall not be allowed to continue on board such Ship in manner herein-before provided; or if any Passenger shall, without his or her previous Consent, be put on shore at any Place other than the Place at which the Master had contracted to land such Passenger; the Master of any such Ship shall for and in respect of each and every such Offence be liable, on such summary Conviction as herein-after mentioned, to the Payment of a Fine of not less than Five Pounds nor more than Twenty Pounds Sterling British Money.

XVII. Provided nevertheless, and be it further enacted, That nothing herein contained shall take away or abridge any Right of Suit or Action which may accrue to any Passenger in any such Ship, or to any other Person, in respect of the Breach or Nonperformance of any Contract made or entered into between or on the Behalf of any such Passenger or other Person, and the Master, Owner or Owners of any such Ship.

The Right of
Action of Pas-

sengers not to

be taken away or abridged.

of Penalties.

XVIII. And be it further enacted, That all Indictments or Infor- Prosecution mations against any Person or Persons for or in respect of any and Recovery Offences by them committed or alleged to have been committed under this Act, and that all Proceedings for the Recovery of any Fines, Penalties, or Forfeitures incurred or alleged to have been incurred by any Person or Persons under this Act, shall be preferred and prosecuted by any Person or Persons whomsoever, and shall be proceeded with and determined before such and the same Courts, Magistrates, and Justices of the Peace, and in such and the same Manner, and by such and the same Persons, and with, under, and subject to all such and the same Rules, Provisoes, Conditions, and Restrictions, as in the Case of any Indictments or Informations

preferred

Masters of

Vessels to enter

into Bond (without

Stamps) for the

due Performance of the Regulations prescribed by this Act.

Limitation of
Prosecutions.

Exception of particular Kinds of Ships.

Bahamas, &c.

to be deemed in South America.

Act may be altered in this Session.

preferred or Proceedings taken for or in respect of any Offence committed, or for the Recovery of any Fines, Penalties, or Forfeitures incurred, under any Act of Parliament now in force for the Prevention of Smuggling, or relating to the Customs or to Trade or Navigation Provided always, that in order to the preferring, prosecuting, proceeding with, or determining any such Indictments or Informations under this present Act, the Direction or Consent of the Commissioners of Customs shall not be necessary or required, any thing in such Acts of Parliament as aforesaid to the contrary in anywise notwithstanding.

XIX. And for the more effectually securing the Observance of the aforesaid Rules, and the Payment of the Penalties aforesaid; be it further enacted, That before any Ship carrying Passengers shall clear out for any such Voyage as aforesaid from any Port or Place in the United Kingdom, or in the said Islands of Guernsey, Jersey, Alderney, Sark, or Man, to or for any Port or Place out of Europe, and not being in the Mediterranean Sea, the Master of the said Ship shall enter into a Bond to His Majesty, His Heirs and Successors, with One good and sufficient Surety, to be approved by the Collector or other Chief Officer of Customs at such Port, in the Sum of One thousand Pounds, the Condition of which Bond shall be that the said Ship is Sea-worthy, and that all and every the Rules and Regulations made and prescribed by this Act for the Carriage of Passengers shall be well and truly performed before and during such intended Voyage, and that all Penalties, Fines, and Forfeitures which the Master of such Ship may be sentenced or adjudged to pay for or in respect of the Breach or Nonperformance, before or during such Voyage, of any such Rules and Regu lations, shall be well and truly paid: Provided always, that such Bond shall be without Stamps, and that no such Bond shall be put in Suit, and that no Prosecution, Suit, Action, or Information shall be brought under or by virtue of this Act, or upon or by reason of the Breach of any of the Provisions thereof, in any of His Majesty's Possessions Abroad after the Expiration of Twelve Calendar Months next succeeding the Commencement of any such Voyage as aforesaid, nor in the United Kingdom or any of the Islands before mentioned after the Expiration of Twelve Calendar Months next after the Return of the Master to the Port or Place from which he sailed on such Voyage.

XX. And be it further enacted, That nothing in this Act contained shall extend or be construed to extend to Ships carrying Passengers in Cases in which the Number of Persons, computed in manner herein-before provided, shall not exceed One Person for every Five Tons of the registered Burthen of such Ship; nor shall any thing in this Act contained extend to any Ship in the Service of the Lords Commissioners of His Majesty's Admiralty, or in the Service of His Majesty's Postmaster General, or in the Service of the East India Company.

XXI. And be it further enacted and declared, That the Bahama Islands, and all Places in America Southward of the same, shall be deemed to be in South America for the Purposes of this Act.

XXII. And be it further enacted, That this Act may be amended, altered, or repealed by any Act or Acts to be passed in this Session of Parliament.

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CAP. LIV.

An Act to render certain Marriages valid, and to alter
the Law with respect to certain voidable Marriages.
[31st August 1835.]
WHEREAS Marriages between Persons within the prohibited

Degrees are voidable only by Sentence of the Ecclesiastical • Court pronounced during the Lifetime of both the Parties thereto, and it is unreasonable that the State and Condition of the Children of Marriages between Persons within the prohibited Degrees of • Affinity should remain unsettled during so long a Period, and it is fitting that all Marriages which may hereafter be celebrated ⚫ between Persons within the prohibited Degrees of Consanguinity or Affinity should be ipso facto void, and not merely voidable:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all Marriages which shall have Marriages been celebrated before the passing of this Act between Persons being within the prohibited Degrees of Affinity shall not hereafter be annulled for that Cause by any Sentence of the Ecclesiastical Court, unless pronounced in a Suit which shall be depending at the Time of the passing of this Act: Provided that nothing hereinbefore enacted shall affect Marriages between Persons being within the prohibited Degrees of Consanguinity.

before the

passing of this

Act of Persons within the prohibited Degrees not to be

annulled.

Marriages

bited Degrees

II. And be it further enacted, That all Marriages which shall hereafter be celebrated between Persons within the prohibited De- within prohigrees of Consanguinity or Affinity shall be absolutely null and void void. to all Intents and Purposes whatsoever.

III. Provided always, and be it further enacted, That nothing in Not to extend this Act shall be construed to extend to that Part of the United to Scotland. Kingdom called Scotland.

IV. And be it enacted, That this Act may be altered or repealed by any Act or Acts to be passed in this present Session of Parliament.

CAP. LV.

An Act for facilitating the Appointment of Sheriffs in
Ireland, and the more effectual Audit and passing of
their Accounts; and for the more speedy Return and
Recovery of Fines, Fees, Forfeitures, Recognizances,
Penalties, and Deodands; and to abolish certain Offices
in the Court of Exchequer in Ireland; and to amend
the Laws relating to Grants in custodiam and Reco-
very of Debts in Ireland; and to amend an Act of the
Second and Third Years of His present Majesty, for
transferring the Powers and Duties of the Commis-
sioners of Public Accounts in Ireland to the Commis-
sioners for auditing the Public Accounts of Great Bri-
tain.
[9th September 1835.]

WHEREAS it appears by the Twelfth Report made to His
Majesty by the Commissioners appointed to inquire into

the

Act may be altered this

Session.

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the Duties, Salaries, and Emoluments of the Officers, Clerks, and Ministers of Justice in all Temporal and Ecclesiastical Courts in Ireland, that it is expedient to make Provision for the better taking of the Accounts of Sheriffs and of Custodees in Trust for His Majesty, and to abolish the Proceeding by Custodiam for the Recovery of Debts due by Subject to Subject, and to substitute another Remedy for it, and that certain Offices in the Court of Exchequer in Ireland may be abolished: And whereas it is expedient to extend to Ireland certain Provisions of an Act passed in the Third and Fourth Years of His Majesty's Reign, intituled 3&4 W.4. c. 99. An Act for facilitating the Appointment of Sheriffs, and the more effectual Audit and passing of their Accounts; and for the more 'speedy Return and Recovery of Fines, Issues, forfeited Recog'nizances, Penalties, and Deodands; and to abolish certain Offices in the Court of Exchequer :' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Commencement of this Act it shall not be necessary for any Sheriff or Sheriffs of any County, City, or Town in Ireland to sue out any Patent or Writ of Assistance, or to make or pay Proffers, nor shall he or they be apposed or take any Oath or Oaths before the Barons of the said Court to account or be cast out of Court, as now or heretofore in use in His Majesty's Court of Exchequer in Ireland; any Law, Statute, or Usage to the contrary notwithstanding.

Sheriffs need not sue out Patent or Writ of Assistance, or take Oath, or be apposed in

the Exchequer.

Sheriff to be appointed by Warrant.

Duplicate of

Warrant to be transmitted to the Secondary of the Chief Remembrancer.

II. And be it further enacted, That whenever any Person shall be duly nominated by the Lord Lieutenant or other Chief Governor or Governors of Ireland for and to be Sheriff of any County in Ireland, such Appointment shall be forthwith notified in the Dublin Gazette, and the Appointment of every such Sheriff shall be made by a Warrant under the Signature or Signatures of the said Lord Lieutenant or other Chief Governor or Governors of Ireland, according to the Form set forth in the Schedule hereto annexed, which Schedule and every thing therein contained shall be deemed and be Part of this Act; and every such Warrant shall be made out by the Chief or Under Secretary of the said Lord Lieutenant or other Chief Governor or Governors, and shall be by him transmitted to the Person so nominated and appointed Sheriff as aforesaid; and the Appointment of Sheriff thereby made shall be as good, valid, and effectual in the Law to all Intents and Purposes whatsoever as if the same had been made by Patent under the Great Seal of Ireland, or by any Ways and Means heretofore in use; and the Sheriff and Sheriffs so nominated and appointed as aforesaid shall thereupon, and upon taking the Oath of Office hereafter mentioned, but not before, have and exercise all Powers, Privileges, and Authorities whatsoever usually exercised and enjoyed by Sheriffs of Counties in Ireland, without any Patent, Writ of Assistance, or other Writ whatsoever, or entering into Recognizance by himself or Sureties, and without Payment of or being liable to pay any Fees whatsoever for the same.

III. Provided always, and be it further enacted, That a Duplicate of the said Warrant shall within Ten Days next after the Date thereof be transmitted by the said Chief or Under Secretary to the Secondary of the Chief Remembrancer of the said Court of Ex

chequer,

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