DESPATCH TRANSMITTING THE IMPERIAL STATUTE AMENDING "THE PASSENGER ACT, 1855," AS REGARDS THE AUSTRALASIAN COLONIES.

D—No. ii.

PRESENTED TO THB HOUSE OP REPRESENTATIVES BY COMMAND OF HIS EXCELLENCY.

D—No. 4.:

No. 1. copy of a DESPATCH from his oiuci tiik duke of xkwcastlk to tub offickr APMIXISTEIU.VU THE GOVKKXMLIXT. Downing Street, 26th August, 1861. Sir,— My attention having been called by the Governor of Victoria to what was represented to be an inconvenient operation of the Imperial " Passengers Act, 1855," upon the steam boats plying between that and the other Australian Colonies with regard to the limitation which it imposed in respect of the number of passengers who could be conveyed on board sue i vessels, it was determined by Her Majesty's Government, after a full consideration of the question, to introduce into Parliament a Hill to amend the Imperial Passengers Act in the manner suggested. I transmit to you a copy of the Act which has been pawed to effect this ohj ct, and to whioh Het'Majesty's assent has been given. Copies of the Act will be forwarded by the present Mail to the Governors of the other Australian Colonies. I have, &c, Newcastle. The Officer Administering the Government, &c, &c, &c. New Zealand.

New Zealaxb. Circular.

Enclosure in No. 1. ANNO VICESIMO QUARTO k VICESIMO QUINTO VICTORIiE REGINiE. Cap. LI I.' An Act to empower the Governors of the several Australian Colonies to regulate the Number of Passengers to be carried in Vessels plying between Ports in those Colonies. [Ist August, 18C1.] Whereas by the Thirteenth and Fourteenth Sections of the Passengers Ac, 1555, certain Rules are prescribed lor determining the number of passer gers to be carried in passenger ships, and the decks on which passengers may be carried '. And whereas it is expedient to empower the Governor of any of Her Majesty's Colonies in Australasia to substitute, if he shall think fit, othei rules o-i these points for vessels carrying passengers from any such possession to any other of Her Mi.josty's possessions in Australasia: Be it therefore enacted by tie Queen's most Excellent Majesty, by and with the advice and consent of the Lqrdl Spiritual a ;d Temporal, and Commons, in this pr.sent Parliament assembled, and by the authority of tie same .is follows : 1. It shall be lawful for the Governor ol'each ol Her Majesty's Colonies already or hereafter to be established in Australasia, by any Proclamation to he by him from lime to time issued for the purpose (which Proclamation shall take effect from the issuing thereof, it' no day shall be named therein tor the purpose), to prescribe »uch rules a 9 he shall think proper for determining the number of passengers to be carried in any passenger ship which shall proceed from any such Colony to any other oi Her Majesty's possessions for the time beiug in Australasia, and for determining on what deck or decks, and subject to what reservations or conditions, passeN^ers may be carried, and also to. prescribe such penalties for the infraction or non-observance of such rnl.s as to such Governor may setm proper. 2. From the time when any such Proclamation shall take eff. ct, and so long .is the same shall continue in force, the rules and enactments contained in the Passengers Act, 1855, relating to the number of passengers to be carried in any " pastenger ship," and the deck or decks whereon they are to be carried, shall cease to apply to any vessel to which such Proclamation shall he applicable, save only i;s to the recovery and application of any penalty fof any offjnee committed against the said Act. before such Proclamation shall take effect. 3. The provisions and requirements of every such Proclamation shall b:j enforced in 'he samq manner, and in all Her Majesty's dominions, as if they were incorporated in the siid Passenger! Act, or in any Act of a like nature which may hereafter be passed l>y ihe Legislature of the United Kingdom, and a copy of any such Proclamation, purporting to be under the hand of (he Governor of the

DESPATCH ENCLOSING IMPERIAL STATUTE AMENDING "THE PASSENGER ACT, 1855."

D—No. 4a

Colony wherein the same may have been issued, and under the Public Seal of such Coloay, shall in any part of Her Majesty's dominions wherein the same shall be produced be received as good and sufficient evidence of tne due aud issuing of the contents of such Proclamation,unless it shall be proved that snch copy is not genuine. 4. The expression " Governor," " Passenger Ship,1' " Passenger," shall in this Act have respectively the same signification as in the said Passengers Act, 1855; and the term " Australasia" shall signify and include New Zealand and Tasmania as well as Australia Proper; and words of one number shall import both numbers, unless inconsistent with the context.

4

DESPATCH ENCLOSING " THE PASSENGER ACT, 1855."