DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0164
154
. ACT XV.
[A.D. 1842
Custom-house officers
and pilots may search
and detain for purposes
of this Act.
ing.
Duties of customs
officers and pilots in
respect of emigrant
Punishment for breach
of duty.
certificate as aforesaid, fraudulently do or suffer to be done any act or
thing whereby such certificate shall become inapplicable to the altered
state of the ship or vessel, its passengers, or other matters to which such
certificate relates, such master shall be liable, on conviction, in any penalty
not exceeding five thousand rupees, beside incurring a forfeiture of any
bond executed in consideration of any license obtained for the vessel as
originally described.
XII. And it is hereby enacted, for the greater security against emigrant
labourers being embarked for the Mauritius contrary to the provisions of
this Act, that all the powers vested by law in the officers of customs in
regard to the searching and detention of ships or vessels, or otherwise for
the prevention of smuggling on board thereof, may be exercised by such
officers for the prevention of the illegal embarkation of such emigrants as
aforesaid on board ships or vessels bound for the Mauritius, and of other
offences against this Act; and it is further enacted, that all pilots in the
service of the East-India Company shall be invested with the same powers
and be charged with the same duties as preventive officers of customs in
this behalf.
XIII. And it is hereby enacted, that every person who shall attempt SeeActxxiv.
by means of intoxication, or by false imprisonment, or other means of ^2'
crimping, to export any native on board any ship or vessel contrary to the
provisions of this Act, shall be liable to be punished before a magistrate
in a fine not exceeding five hundred rupees, or imprisonment not exceed-
ing six months, provided that nothing in this Act contained shall prevent
the offender from being proceeded against by indictment; but the offender
shall only be liable to one of these courses of proceeding.
XIV. And it is hereby enacted, that whenever a vessel shall clear from
Calcutta for Mauritius with emigrant labourers duly embarked thereon, the
customs officer on board such vessel shall countersign the pass or certificate
brought on board by every such emigrant labourer, and shall keep a
register of every such emigrant labourer as may come on board. And such
customs officer shall remain on board such vessel until she shall arrive in
Saugor Roads, and shall not come away until a muster of the crew and
passengers has been made in his presence and in that of the pilot in charge
of the vessel: and after the customs officer has taken muster, and quitted
the vessel, the pilot shall continue to exercise the duties indicated in
Section XII. of this Act. And it shall be lawful for him, if he shall deem
it necessary, to require the master or commander to take a general muster
of the crew and passengers and emigrant labourers on board, and to sign a
muster-roll so taken. And every such custom-house officer and pilot shall
make a complete report of the emigrant labourers on board of any ship
at the time of his quitting the same, and such report shall contain a
declaration, that, to the best of declarant's belief no additional coolies
have been received on board since obtaining the certificate, and that
nothing else has been done or omitted to be done in the ship or vessel
contrary to the provisions of this Act; and every such report, or muster,
if any, shall be transmitted without delay to the emigration agent of the
port. And any custom-house officer or pilot who shall wilfully make a
. ACT XV.
[A.D. 1842
Custom-house officers
and pilots may search
and detain for purposes
of this Act.
ing.
Duties of customs
officers and pilots in
respect of emigrant
Punishment for breach
of duty.
certificate as aforesaid, fraudulently do or suffer to be done any act or
thing whereby such certificate shall become inapplicable to the altered
state of the ship or vessel, its passengers, or other matters to which such
certificate relates, such master shall be liable, on conviction, in any penalty
not exceeding five thousand rupees, beside incurring a forfeiture of any
bond executed in consideration of any license obtained for the vessel as
originally described.
XII. And it is hereby enacted, for the greater security against emigrant
labourers being embarked for the Mauritius contrary to the provisions of
this Act, that all the powers vested by law in the officers of customs in
regard to the searching and detention of ships or vessels, or otherwise for
the prevention of smuggling on board thereof, may be exercised by such
officers for the prevention of the illegal embarkation of such emigrants as
aforesaid on board ships or vessels bound for the Mauritius, and of other
offences against this Act; and it is further enacted, that all pilots in the
service of the East-India Company shall be invested with the same powers
and be charged with the same duties as preventive officers of customs in
this behalf.
XIII. And it is hereby enacted, that every person who shall attempt SeeActxxiv.
by means of intoxication, or by false imprisonment, or other means of ^2'
crimping, to export any native on board any ship or vessel contrary to the
provisions of this Act, shall be liable to be punished before a magistrate
in a fine not exceeding five hundred rupees, or imprisonment not exceed-
ing six months, provided that nothing in this Act contained shall prevent
the offender from being proceeded against by indictment; but the offender
shall only be liable to one of these courses of proceeding.
XIV. And it is hereby enacted, that whenever a vessel shall clear from
Calcutta for Mauritius with emigrant labourers duly embarked thereon, the
customs officer on board such vessel shall countersign the pass or certificate
brought on board by every such emigrant labourer, and shall keep a
register of every such emigrant labourer as may come on board. And such
customs officer shall remain on board such vessel until she shall arrive in
Saugor Roads, and shall not come away until a muster of the crew and
passengers has been made in his presence and in that of the pilot in charge
of the vessel: and after the customs officer has taken muster, and quitted
the vessel, the pilot shall continue to exercise the duties indicated in
Section XII. of this Act. And it shall be lawful for him, if he shall deem
it necessary, to require the master or commander to take a general muster
of the crew and passengers and emigrant labourers on board, and to sign a
muster-roll so taken. And every such custom-house officer and pilot shall
make a complete report of the emigrant labourers on board of any ship
at the time of his quitting the same, and such report shall contain a
declaration, that, to the best of declarant's belief no additional coolies
have been received on board since obtaining the certificate, and that
nothing else has been done or omitted to be done in the ship or vessel
contrary to the provisions of this Act; and every such report, or muster,
if any, shall be transmitted without delay to the emigration agent of the
port. And any custom-house officer or pilot who shall wilfully make a