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of personal violence against the master, the master will be justified in excluding them from the passengers' mess (e). In the event of their acts being mutinous or so outrageous as to endanger the safety of the ship, the master can put them under restraint (f); provided he does not endanger life or health, or otherwise exceed the limits of moderation (9).

The master of a home trade passenger ship can refuse to take on board any person who grossly misconducts himself (h).

Any passenger who wilfully obstructs or injures the machinery or tackle of a steamer or impedes or molests the crew, renders himself liable to a penalty not exceeding 201. (i). Various penalties will also be incurred by any drunken or disorderly passenger who will not quit the ship at any place in the United Kingdom on his fare being tendered him, or by a person who refuses to quit the ship

when full, or who has not paid his full fare (j). In perils, In the event of the ship being attacked by pirates or passengers

enemies, or of her safety being endangered by the perils of

the sea, the passengers are, if so required, bound to assist Their right to the master and crew (k). As a general rule such services salvage.

on the part of the passengers will not be rewarded by a salvage remuneration (?). Passengers, however, who perform extraordinary services will be entitled to salvage. Thus, if they re-capture the ship, though a foreign ship, from an enemy (m); or if, after the ship is abandoned by the master and some of the crew, they bring her safely to

must assist.

(e) Prendergast v. Compton, 8 C. & P. 454.

() Boyce v. Bayliffe, 1 Camp. 58, 60, per Lord Ellenborough, C. J.; King v. Franklin, 1 F. & F., N. P. 360.

(9) Watson v. Christie, 2 B. & P. 224; The Enchantress, 1 Hagg. 395; Rhodes v. Leach, 2 Stark. 516; Hannaford v. Hunn, 2 C. &

P. 148.

(h) 17 & 18 Vict. c. 104, s. 325.
(©) 25 & 26 Vict. c. 63, s. 36.
() Ib. s. 35.

(k) Boyce v. Bayliffe, 1 Camp. 58, 60, per Lord Ellenborough, C. J.

(?) The L’rede, Lush. 322 ; see “Cases" (3), at end of this $; The Branston, 2 Hagg. 3, n.

(m) The Two Friends, 1 Rob. 271.

port, they will be entitled to claim salvage remuneration (n).

Passengers, for whom passages are not provided, and who Passengers are therefore left behind without their fault, can recover remedy.

left behind, summanly all the passage-money they have paid, and also compensation for the loss and inconvenience incurred (). Steerage passengers may be carried by an equally eligible Steerage

, ship, when the original ship is wrecked or rendered unfit passengers for the voyage. Should they not be, they can recover the of. passage-money paid by them (p). All the members of the same family will be entitled to be carried in the same ship.

Passage brokers must be licensed, and the emigrant Passage runners employed by them must not only be licensed and brokers to be

. registered, but also wear the prescribed badge (r). The contract tickets, containing the terms relating to the carriage of the passengers and their maintenance, should be signed by the



CASES. 1. A vessel, in which the defendant had engaged two cabins, was advertised to sail on the 10th October, but did not sail till the 13th. The defendant accordingly declined to sail in her. The jury found, both that time was not of the essence of the contract, and that the three days' delay in sailing was not unreasonable. Held, that the shipowner could recover one-half of the passage-money from the defendant (s).

2. Under an agreement for a passage from London to the West Indies the passage-money was to be paid in London before the commencement of the voyage. The passenger put his luggage on board in the Thames, intending himself to embark at Portsmouth. The ship was lost before she reached Portsmouth. Held, that the passenger could not recover the passage-money he had paid (t).

3. Passengers on board a ship, damaged by a collision, volun

(n) Newman v. Walters, 3 B. & P. 612; see “Cases”' (4) at end of this g; The Salacia, 2 Hagg. 262, 269; The Hope, 3 Hagg. 423.

(0) 18 & 19 Vict. c. 119, s. 48.

(p) 26 & 27 Vict. c. 51, s. 14 ; Ellis v. Pearce, 27 L. J., M. C. 257.

(r) 18 & 19 Vict. c. 119, ss. 66–
70, 75–81.

(8) Yates v. Duff, 5 C. & P. 369.
(c) Gillan v. Simpkin, 4 Camp. 241.

tarily remained on board, manned the pumps and kept working them for about seven hours. Held, they could not claim any salvage remuneration (u).

4. After a ship had stranded, the captain and part of the crew made their escape. One of the passengers, at the request of the remaining seamen, took the command, and brought the vessel to port in safety. Held, the passenger was entitled to salvage remuneration (2).

$ 35. Liability of The shipowner will be liable for any loss or damage not owner for loss caused by the Act of God or the king's enemies to the of passenger's luggage. luggage of a passenger on board his ship. He can, how

ever, as the Carriers Act (y) and the Railway and Canal Traffic Act (-) apply only to carriers by land, limit his liability by a special contract (a). But it is essential that the passenger knew of the limitation and assented thereto, for a mere notice, indorsed on the back of the passenger's ticket, and not brought to his notice, will not discharge

the shipowner from his liability (6). In cases of Where luggage is to be carried by a railway company “ through” booking

partly by land and partly by sea, the railway company can limit its liability as in the case of ordinary goods (c).

As to the statutory limitation of a shipowner's liability in respect of loss of life or goods, see Ch. X. $ 67, p. 105, and Ch. XIV. $ 94, p. 162.

CASES. 1. A passenger by an English vessel, belonging to an English company, from Southampton to Mauritius viâ Suez, took and signed a ticket, in the body of which the contract was stated to be subject to the conditions indorsed thereon. One of these conditions was to the effect that the company would not be liable for damage to, or loss or detention of luggage. Part of the luggage of the passenger

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(u) The Vrede, Lush. 322.

(2) Newman v. Walters, 3 B. & P. 612.

(y) 11 Geo. IV. & 1 Will. IV. c. 68.

(z) 17 & 18 Vict. c. 31.

(a) The P. and 0. Steam Co. v. Shand, 3 Moo. P. C., N. S. 272 ;

Taubman v. Pacific Steam Nav. Co., 26 L. T. 704; see “Cases" (1) and (2) at end of this $.

() Henderson v. Stevenson, L. R., 2 H. L. Sc. App. 470; see “Cases” (3) at end of this $.

(c) See Ch. X., $ 69, p. 111.


in question was lost during the voyage. Held, that the company was not liable (d).

2. A contract entered into by a shipowner and a passenger provided that the shipowner should not be answerable for loss of luggage “under any circumstances whatsoever.” Held, that such a stipulation covered the case of any loss caused by wilful default and misfeasance by the shipowner's servants (e).

3. A ticket, having on its face only the words Dublin and Whitehaven, was given to a passenger by a vessel belonging to a steam packet company. The passenger, without looking at the ticket, paid for it and went on board. The vessel was wrecked off the Isle of Man entirely through the fault of the crew, and the passenger's luggage lost. Held, the company were liable for the value of the luggage, notwithstanding a notice on the back of the ticket that they would not be liable for any losses (f).

§ 36. All sea-going passenger steamships must carry the Equipment of prescribed number of boats, and in addition, if more than passenger ten passengers are carried, a lifeboat and two life-buoys (g). Further, they must have their compasses properly adjusted from time to time, and carry a fire-hose capable of being connected with the engines (7), distress signals, and a proper supply of lights inextinguishable in water, and fitted for attachment to life-buoys (i). The ships must be

i surveyed in the mode appointed by the various statutes (k).

The master, mates, and engineer of a sea-going vessel must hold certificates of competency or service, appropriate to or above their status in the ship (1).

A foreign-going ship with one hundred passengers or more must carry a duly qualified medical practitioner (m).


(d) The P. and 0. Co. v. Shand, 3 Moo. P. C., N. S. 272.

(e) Taubman Pacific Steam Navigation Co., 26 L. T. 704.

(f) Henderson v. Stevenson, supra.

(9) 17 & 18 Vict. c. 104, s. 292 ; 36 & 37 Vict. c. 85, s. 15.

(h) 17 & 18 Vict. c. 104, s. 301. (i) 39 & 40 Vict. c. 80, s. 21.

(1) 17 & 18 Vict. c. 104, ss. 303— 321 ; 25 & 26 Vict. c. 63, ss. 12, 34 ; 35 & 36 Vict. c. 73, ss. 8, 13; 39 & 40 Vict. c. 80, ss. 14, 16-19, 39.

(1) 17 & 18 Vict. c. 104, s. 136.

(m) Ib. ss. 226—230; 30 & 31 Vict. c. 124, s. 4.

Passengers may not be carried on more than two decks, except those carried in the poop or deck house (n), and may not be landed elsewhere, than at the place named in their contracts, unless the landing be inevitable (o).

Special provisions have been enacted with regard to emigrant ships by the Passenger Acts, 1855 and 1863 (p).

(») 18 & 19 Vict. c. 119, s. 13. (0) Ib. s. 56.

(p) 18 & 19 Vict. c. 119; 26 & 27 Vict. c. 51.

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