passengers on board, and for their being landed at the proper port. An abstract of the Act was to be hung up on board.

In 1823 the preceding Acts were repealed, and their principal 4 Geo. 4, c. provisions embodied in the 4 Geo. 4, cap. 84, which enacted that 84; 1823. vessels should not carry to any place out of Europe more than one person, including master and crew, for every 5 tons, without special permission or licence from the Commissioners of Customs. The licence would only be granted, in the case of British ships, to vessels having two decks, with 5 feet 6 inches in height between them. Vessels carrying goods were permitted to take passengers in the proportion of one adult to every 2 tons of unladen space, provided that to each passenger there should be allotted an "integral" space of 6 feet in length by 2 feet 6 inches in breadth, and 5 feet 6 inches in height between the decks, or from cargo to deck, when there was no second deck. Two children under fourteen, or three under seven, were to be computed as one adult. Bond was to be given in the sum of 201. for each passenger, that the vessel was seaworthy and properly stored with water and provisions, and provided with a surgeon, in case there were fifty persons, including the crew, on board. Passengers could only be embarked at a Custom-house port. Α penalty of 50l. was imposed for each passenger in excess of the licence. The allowance of provisions, &c., was—

And a penalty of 500l. was imposed for re-landing provisions,
&c. Rules for cleanliness and fumigation were established;
ships carrying passengers were to be marked with a "P." if
there were more than one person, including the crew,
to every
5 tons on board. The Act did not apply to vessels engaged in
the Newfoundland fishery. The Commissioners of Customs at
home, the local authorities in the colonies, and the officers of the
navy and consuls abroad were to execute the Act. This law
having been repealed in 1825 by an Act to repeal the several
laws relating to the customs, was re-enacted the same year with

6 Geo. 4, c. some slight modifications by the 6 Geo. 4, cap. 116.

116; 1825.

By the 7 & 8 Geo. 4, cap. 12, this, and all other Acts affecting 7 & 8 Geo. the carriage of passengers, was repealed, and the trade left unrestricted by law.

4, c. 19; 28 May, 1827.

The total absence of any legislative regulations having led to great abuse, the 9 Geo. 4, cap. 21, was passed, to reimpose the 9 Geo. 4, necessary limitations in the passenger trade. This Act was c. 21; 23 May, 1828. restricted in its operation to the continent and islands of North America. The limit upon the numbers to be carried was three persons for every 4 tons burthen. Ships carrying passengers were to have a height of 54 feet between the decks or between the platform and the deck. Two children under fourteen, or three between one and seven, were to be computed as one adult. Fifty gallons of water and 50 lbs. of bread, biscuit, or oatmeal, were to be put on board for each passenger. Provisions, water, or stores were not to be carried on that part of the 'tween decks appropriated to the emigrants. Passengers were not to be landed at the places not contracted for, and the masters were to enter into bond for the due performance of the regulations prescribed by the Act.

1835.

By the 5 & 6 Will. 4, cap. 53, the Act of 1828 was repealed, 5 & 6 Will. and further provisions made for the regulation of the carriage of 4, c. 53; 31 Aug. passengers. No ship was allowed to sail with more than three persons for every 5 tons of burthen, and was required to have a height of 5 feet between decks, and for every passenger carried 10 clear superficial feet of space on the lower deck or platform. Ships having two tiers of berths were to have 6 inches between the bottom of the lower berths and the deck. The quantity of water and provisions to be put on board was 5 gallons of water, 7 lbs. of bread, biscuit, or oatmeal, or breadstuffs, for each passenger per week, the length of the voyage being computed as follows, viz. :—

:

To South America on the Atlantic, or to the West
Coast of Africa

Weeks.
10

12

15

18

water.

The officers of Customs were to examine the provisions and
A table was to be made out and hung up of the prices
at which provisions were to be sold on board to the passengers.
The seaworthiness of the ship was to be ascertained by survey.

3 & 4 Vict. c. 21; 4 July, 1840.

5 & 6 Vict.

c. 107;

Copies or abstracts of the Act were to be kept on board. Ships carrying 100 passengers were to carry a medical man, duly authorised by law to practise in this country as a physician, surgeon, or apothecary, and a proper supply of instruments, medicines, &c.; and ships carrying less than 100 passengers were to have a proper supply of medicines and other things adequate to the probable exigencies of the voyage. Passenger ships were prohibited from carrying spirits as stores in larger quantities than 10 per cent. more than the quantity allowed by the Customs for the use of the crew. Lists of passengers, with their names, ages, and occupations, were to be made out and delivered to the chief officer of Customs. Passengers were not to be landed at ports not contracted for without their consent. Two children under fourteen, or three between one and seven, were to be reckoned as an adult. Infants under twelve months were not to be counted. The passengers were to be victualled, or receive each a shilling a day in lieu thereof, for every day they were detained before the sailing of the ship, provided the detention did not arise from stress of weather, or other unavoidable cause; they were also entitled to remain on board fortyeight hours after the arrival of the ship, except where the ship proceeded to another port, in prosecution of her voyage. Masters were to give bond for the due performance of the regulations prescribed by the Act.

By the 3 & 4 Vict. cap. 21, the provisions of the preceding Act were made applicable to intercolonial voyage in the British colonies in the West Indies, South America, the Bahamas, and Bermuda.

The two preceding Acts were repealed by the 5 & 6 Vict. Aug. 1842. cap. 107, which enacted that no vessel should carry more than three persons (master and crew included) to every 5 tons burthen, nor, whatever be the tonnage, more than one passenger to every 10 superficial feet of the space appointed for the use of the passengers, under a penalty not exceeding 51. for every passenger in excess. The lower deck was not to be less than 14 inch in thickness, and secured to the hold beams. The height between decks was to be 6 feet at least; there were not to be more than two tiers of berths; the bottom of the lower tier to be 6 inches above the deck; the berths were not to be less than 6 feet in length and 18 inches in width, for each passenger, and to be securely constructed. At least 3 quarts of water per diem was to be issued to each passenger, and a supply of pro

visions, not less often than twice a week, at the rate of 7 lbs. of bread-stuffs per week, half at least to be bread or biscuit, the other half might be potatoes, of which 5 lbs. were to be reckoned equal to one pound of bread-stuffs. The length of the voyage to be computed as follows:

For a voyage to North America, except the west coast thereof

Weeks.

10

10

For a voyage to the West Indies, including under that
term the Bahama Islands and British Guiana
For a voyage to any part of the continent of Central or
South America, except the west coast thereof, and
except British Guiana

..

For a voyage to the West Coast of Africa

For a voyage to the Cape of Good Hope or the Falk

land Islands

For a voyage to the Mauritius

For a voyage to Western Australia

For a voyage to any other of the Australian colonies
For a voyage to New Zealand

12242

15

18

20

22

24

Two children under 14 were to be computed as one passenger; children under one year were not to count.

The provisions and water were to be inspected and surveyed by the Government emigration agents, or in their absence by the officer of Customs. Seaworthiness of vessels was to be ascertained by those officers, who might order a survey if necessary. Boats were to be taken in the following numbers,

viz.:

Ships between 150 and 250 tons, two boats.

Ships between 250 and 500 tons, three boats.

Ships of 500 tons and upwards, four boats; one of them to be a long-boat, of the proper size.

Copies of the Act were to be kept on board, to be produced to the passengers on demand. A proper supply of medicines, &c., with directions for their use, was to be provided for the voyage to North America; and on other voyages, ships carrying 100 passengers, or fifty, if the voyage were longer than twelve weeks, were also required to have on board a duly-qualified medical practitioner. The sale of spirits to the passengers was prohibited. Parties contracting to find passages to North America were to give written receipts for moneys received in a prescribed form. No person, except owner or master of

10 & 11

Vict. c. 103, and 11 Vict.

1848.

1848.

the ship, was allowed to act as a passage-broker, unless licensed by the magistrates at the petty or quarter sessions. In case the contract for a passage were not performed, the aggrieved parties, unless maintained at the contractor's expense, and provided within a reasonable time with a passage to the same place, might recover any passage-money they had paid, with a sum not exceeding 101. as compensation. Passengers were to be victualled during detention of ships; but if detention (except caused by wind or weather) exceeded two clear working days, they were to receive instead 18. per diem, unless suitably lodged and maintained with their own consent by the contractor. Passengers were not to be landed against their consent at any place other than the one contracted for, and were to be maintained on board for forty-eight hours after arrival, unless the ship, in the prosecution of her voyage, quitted the port sooner. The Act extended to foreign as well as to British ships, but not to vessels carrying fewer than thirty passengers, nor to cabin passengers. The enforcement of the law rested with the Government emigration agents and officers of Customs.

The 5 & 6 Vict. cap. 107, was amended by the 10 & 11 Vict. cap. 103, and 11 Vict. cap. 6. The first of these Acts brought within the full operation of the law such ships as carried more c. 6; July than one passenger for every twenty-five tons of registered 1847 and burthen. It gave power to the Commissioners to vary the diet. It prohibited the carriage of gunpowder, vitriol, or green hides as cargo. It gave power to ensure ventilation between decks, a survey of the ship, and a proper crew. Ships putting back were to replenish their provisions. In case of wreck, or other accident, the passengers were to be provided with a passage in 28 March, some other vessel. The second amending Act, which was confined to North America, required that a ship carrying more than 100 passengers, should have a cook and proper cooking apparatus; and if she did not carry a medical practitioner, that the superficial space for each passenger should be 14 instead of 12 feet. Passengers were to be examined by a medical practitioner, and persons affected with contagious or other disease likely to affect the health of the other passengers were not allowed to proceed. The passage-money of persons re-landed was made recoverable from the ship. The Queen in Council was empowered to issue rules and regulations for the preservation of order on board. Ships carrying fewer passengers than one to twenty five tons were exempted from the Act.