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Fort Havoc (Wallace Hale)

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CAP. XXXVI.

An ACT, to regulate Vessels arriving from the United Kingdom with Passengers and Emigrants.

Passed 27th February, 1832.

Preamble.

WHEREAS the practice of landing passengers and emigrants from the United Kingdom, who are in a destitute and diseased condition, has become extremely burthensome, and sometimes dangerous to the health of the Inhabitants of this Province: And whereas such disease and distress are often occasioned by the practice of taking on board ships in the ports of the United Kingdom more passengers and emigrants than can be comfortably accommodated: And whereas it is just and expedient that the Inhabitants of this Province should be relieved from some of the heavy burthens thus imposed upon them;

Masters of vessels arriving from the United Kingdom to pay 5s. for each passenger when the vessel is sanctioned by His Majesty's Government to take emigrants to the North American Colonies, and 10s. when not so sanctioned.

Proviso as to children.

I. Be it therefore enacted by the Lieutenant Governor, Council, and Assembly, That the Master or person having charge of any ship or vessel which may arrive at any port or place in this Province from any port or place in the United Kingdom with passengers and emigrants, shall at the time of reporting such ship or vessel pay to the Treasurer of the Province or any Deputy Treasurer at the port or place where such ship or vessel may arrive, the sum of five shillings for each and every such passenger and emigrant, when the Master or person having charge as aforesaid shall make it appear by a certificate from the Officers of the Customs at the port of clearance in the United Kingdom, that such ship or vessel had the sanction of His Majesty's Government to take out passengers and emigrants to the North American Colonies; and when no such certificate is produced to the said Treasurer or Deputy Treasurer, as the case may be, then and in such case the Master or person having charge of such ship or vessel as aforesaid, shall pay to the said Treasurer or Deputy Treasurer the sum of ten shillings for each and every passenger and emigrant on board such ship or vessel; all which sum or sums the said Treasurer and Deputy Treasurers respectively are hereby authorized and required to demand and receive: Provided always, that two children each being under the age of fourteen years, or three children each being under the age of seven years, or one child being under the age of twelve months with the mother of such child, shall in all cases be computed as one person for the purpose of this Act.

Separate accounts to be kept of the money arising under this Act.
Application of money.

II. And be it further enacted, That the Treasurer of the Province and Deputy Treasurers respectively, shall keep a separate account of all monies received under and by virtue of this Act; which sums so received shall be applied from time to time, by grants of the Legislature, towards relieving destitute and diseased passengers and emigrants, and in assisting them to reach their several places of destination within the Province, and paid by warrant of His Excellency the Lieutenant Governor or Commander in Chief for the time being.

Mode of recovering the duty in case of neglect or refusal to pay.

III. And be it further enacted, That upon the refusal or neglect of the Master or person having charge of any ship or vessel arriving with passengers and emigrants as aforesaid to pay the sum or sums for each and every passenger and emigrant as aforesaid, it shall and may be lawful to and for the Treasurer or Deputy Treasurer, as the case may be, to sue for and prosecute the same before any two of the Magistrates of the County where the vessel may be, and on conviction the said Magistrates shall and may levy the same by warrant of distress under their hands and seals, directed to any Sheriff, Marshal or Constable at or near the place where the said vessel may be, and by sale under the said warrant of the guns, boats, tackle, apparel and furniture of such ship or vessel, and the overplus (if any) of such distress and sale, after deducting the costs, shall be paid to the Master or person having charge of such ship or vessel.

Act suspended until his Majesty's approbation be declared.

IV. And be it further enacted, That this Act shall not be in force or come into operation until His Majesty's Royal assent be first thereunto had and declared.

[This Act was confirmed and finally enacted by an order of the King in Council dated 30th May 1832, and published and declared in the Province on 19th September 1832.]

________________

C. 36. Anno II. Wm. IV. A. D. 1832.

Index

Preamble.		WHEREAS the practice of landing passengers and emigrants from the United Kingdom, who are in a destitute and diseased condition, has become extremely burthensome, and sometimes dangerous to the health of the Inhabitants of this Province: And whereas such disease and distress are often occasioned by the practice of taking on board ships in the ports of the United Kingdom more passengers and emigrants than can be comfortably accommodated: And whereas it is just and expedient that the Inhabitants of this Province should be relieved from some of the heavy burthens thus imposed upon them;
Masters of vessels arriving from the United Kingdom to pay 5s. for each passenger when the vessel is sanctioned by His Majesty's Government to take emigrants to the North American Colonies, and 10s. when not so sanctioned. Proviso as to children.		I. Be it therefore enacted by the Lieutenant Governor, Council, and Assembly, That the Master or person having charge of any ship or vessel which may arrive at any port or place in this Province from any port or place in the United Kingdom with passengers and emigrants, shall at the time of reporting such ship or vessel pay to the Treasurer of the Province or any Deputy Treasurer at the port or place where such ship or vessel may arrive, the sum of five shillings for each and every such passenger and emigrant, when the Master or person having charge as aforesaid shall make it appear by a certificate from the Officers of the Customs at the port of clearance in the United Kingdom, that such ship or vessel had the sanction of His Majesty's Government to take out passengers and emigrants to the North American Colonies; and when no such certificate is produced to the said Treasurer or Deputy Treasurer, as the case may be, then and in such case the Master or person having charge of such ship or vessel as aforesaid, shall pay to the said Treasurer or Deputy Treasurer the sum of ten shillings for each and every passenger and emigrant on board such ship or vessel; all which sum or sums the said Treasurer and Deputy Treasurers respectively are hereby authorized and required to demand and receive: Provided always, that two children each being under the age of fourteen years, or three children each being under the age of seven years, or one child being under the age of twelve months with the mother of such child, shall in all cases be computed as one person for the purpose of this Act.
Separate accounts to be kept of the money arising under this Act. Application of money.		II. And be it further enacted, That the Treasurer of the Province and Deputy Treasurers respectively, shall keep a separate account of all monies received under and by virtue of this Act; which sums so received shall be applied from time to time, by grants of the Legislature, towards relieving destitute and diseased passengers and emigrants, and in assisting them to reach their several places of destination within the Province, and paid by warrant of His Excellency the Lieutenant Governor or Commander in Chief for the time being.
Mode of recovering the duty in case of neglect or refusal to pay.		III. And be it further enacted, That upon the refusal or neglect of the Master or person having charge of any ship or vessel arriving with passengers and emigrants as aforesaid to pay the sum or sums for each and every passenger and emigrant as aforesaid, it shall and may be lawful to and for the Treasurer or Deputy Treasurer, as the case may be, to sue for and prosecute the same before any two of the Magistrates of the County where the vessel may be, and on conviction the said Magistrates shall and may levy the same by warrant of distress under their hands and seals, directed to any Sheriff, Marshal or Constable at or near the place where the said vessel may be, and by sale under the said warrant of the guns, boats, tackle, apparel and furniture of such ship or vessel, and the overplus (if any) of such distress and sale, after deducting the costs, shall be paid to the Master or person having charge of such ship or vessel.
Act suspended until his Majesty's approbation be declared.		IV. And be it further enacted, That this Act shall not be in force or come into operation until His Majesty's Royal assent be first thereunto had and declared.
		[This Act was confirmed and finally enacted by an order of the King in Council dated 30th May 1832, and published and declared in the Province on 19th September 1832.]