The Sea Passengers Act, 1885, 12 of 1885, (Rep., Act 20 of 1937)

Section 0

Repealed or not in force · As amended up to 2026-08

tected Native . States adjoining the Straits Settlements, to Australia, and to ports in the ' . . Red Sea, Gulf. of Aden or Pe~sian Gulf and . on the East Coast of Africa. it shall be lawful for the Governor of the colony, or for any persod authorized by him for the purpose, or. for Her Majesty's Consular Officer at the foreign port or place, as the case may be, to forward the passenger, . or cabin-passenger to his intended destination, unless the master of the ship, within forty-eight hours of ' the arrival of such passenger or cabin-passenger, gives to the Governor or Consular Officer, as the case may. be, a written undertaking to forward or carry on within. ' ~ (2) A ,certificate 'in the form given in.the schedule %ereto annexed, or as near thereto as -the circumsta~ces of the case will admit, purporting to be undsr -the hand of any .suoll Governor -or Consular Officer (as the case :may be), stztisng the total amount:of the : expenses, shall, in :any : suit or other proceeding for the recovery of the debt, be -received in evidence without proof of -the handwriting or of the o.fficia1 character of the Governor or 'Consular 'Officer, and shall be deemed .su.fficient evidence ;of the -arnoun.t of *he expenses, and that the same were duly incurred ; nor,shall it be necessary -to adduce on ,behalf of Her Majesty any ot:her evidence in support of tlie claim, but judgment ghall pass fox the Crown, with costs of suit, ,unless -the defendant specially pleads and duly proves .that the certificate is false or qraudulent, .or specially pleads and -duly proves any facts .. slz0m7~iig that the -expenses -were 11ot'dul.y incurred : Provided, nevertheless, that in no ,case shall -any larger sum be recovered on account of -the expenses than a sum, equal to :tw;ice -the total amount of pas- sage-money received or due to and recoverable by or on account of the owner, charterer or master of the passenger-ship or any of them from .or on account o'f thowhole number of passengers and cxbin-passengers who may have embarked in the ship ; which total amount of passage-money shall be proved- by the de-' fendant if lze will have the advantage of this limitation of the debt; but if any such passengers are for-- warded or conveyed to their intended destination under the .provisions `'sf` the ;last preceding seetion, ..

Source: India Code