An Act for regulating the
Carriage of Passengers
in Merchant Vessels

1842

An Act for regulating the Carriage of Passengers in Merchant Vessels, 1842
An Act for regulating the Carriage of Passengers in Merchant Vessels
Chapter 107        12 August 1842

Enacted by the British parliament in the Session
held in the Fifth and Sixth Years of Queen Victoria
[Queen Victoria's fifth regnal year was 20 June 1841  to  19 June 1842,
and her sixth was 20 June 1842  to  19 June 1843]



Reprinted by the Government of Nova Scotia


Appendix to the Journal
of The House of Assembly of the
Province of Nova Scotia for the Session
26th January 1843  to  29th March 1843


An Act for regulating the Carriage of Passengers in Merchant Vessels


              Whereas it is expedient to make provision respecting the Carriage of Passengers by Sea in certain cases, and for that purpose to repeal, except as hereinafter mentioned, an Act passed in the Session of Parliament, held in the Fifth and Sixth Years of His late Majesty King William the Fourth [King William the Fourth's fifth regnal year was 26 June 1834 to 25 June 1835, and his sixth was 26 June 1835 to 25 June 1836] intituled, An Act to repeal an Act of the Ninth Year of His late Majesty [The ninth regnal year of King George the Fourth was 29 January 1828 to 28 January 1829], for regulating the Carriage of Passengers in Merchant Vessels, from the United Kingdom to the British possessions on the Continent and Islands of North America [boldface emphasis added]; and to make further Provision for regulating the Carriage of Passengers from the United Kingdom; and also an Act, passed in the Session of Parliament, held in the Third and Fourth Years of Her present Majesty [Queen Victoria's third regnal year was 20 June 1839 to 19 June 1840, and her fourth was 20 June 1840 to 19 June 1841], inituled, An Act to extend to the British Colonies in the West Indies, an Act passed in the Fifth and Sixth Year of His late Majesty King William the Fourth, for regulating the Carriage of Passengers in Merchant Vessels; and also so much of an Act passed in the Session of Parliament held in the First and Second Years of Her present Majesty [Queen Victoria's first regnal year was 20 June 1837 to 19 June 1838, and her second was 20 June 1838 to 19 June 1839], intituled, An Act to amend the Laws relating to the Customs, as extends the Provisions of the Act first before mentioned, to Foreign Vessels, under certain circumstances: Be it therefore enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the said recited Acts, and Portion of an Act, shall be and the same are hereby repealed, save and except so far as the first before mentioned Act repeals an Act passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled, An Act to regulate the Carriage of Passengers in Merchant Vessels from the United Kingdom to the continent and Islands of North America, which shall remain and continue repealed; Provided nevertheless, that all Fines, Forfeitures and Penalties, to which any Person or Persons may have become liable under the said Acts, or either of them shall, and may be sued for, prosecuted, and recovered, and that any Right of Action which may have accrued to any Person or Persons, by virtue of the said Acts, or either of them, shall and may be enforced hereafter, in such and the same manner, in all respects, as if this present Act had not been made.


              II. And be it enacted, That no Ship Carrying Passengers on any Voyage from any Port of Place in the United Kingdom, or in the Islands of Guernsey, Jersey, Alderny, Sark or Man, hereinafter designated as the hereinbefore mentioned Islands, to or for any Port of Place out of Europe, and not being within the Mediterranean Sea, shall proceed on her Voyage with or shall carry more persons on board, than in the proportion of Three Persons to every Five Tons of the registered Burden of such Ship, the Master and Crew being included in and forming part of such prescribed number, and that no such Ship shall, whatever be the Tonnage thereof, proceed on her Voyage with or carry more Passengers on board, than in the following proportion to the space occupied by them and appropriated for their use, and unoccupied by Stores, not being the personal Luggage of Passengers: that is to say, on the Lower Deck or Platform.  One Passenger for every ten such clear superficialNOTE 1 feet, if such Ship is not to pass within the Tropics during such voyage, but if such Ship is to pass within the Tropics during such Voyage, then one Passenger for every Twelve such clear superficialNOTE 1 Feet: if such Voyage is computed in manner hereinafter mentioned, not to exceed Twelve Weekes: and one passenger for every Fifteen such clear superficialNOTE 1 Feet, if such Voyage is so computed to exceed Twelve Weeks: and under the Poop or on the Orlop Deck, if any, One Passenger for every Thirty such superficialNOTE 1 Feet, in all cases: and that if any Ship carrying Passengers upon any such Voyage as aforesaid, shall carry any Passengers beyond the Proportions hereinbefore respectively mentioned, or any of them, the Master of such Ship shall, for or in respect of every passenger constituting such Excess, be liable on such conviction as hereinafter is mentioned, to the payment of a Penalty not exceeding Five Pounds, to be sued for and recovered as hereinafter is mentioned.

What does “superficial feet” mean?

NOTE 1:  This Act states (above) a ship is permitted to accomodate
“one passenger for every ten such clear superficial feet, if such ship
is not to pass within the tropics during such voyage.”

But, for ships whose voyage will pass within the tropics, this is modified to
“one passenger for every twelve such clear superficial feet” for voyages
not exceeding twelve weeks, and is further modified to “one passenger for
every fifteen such clear superficial feet” for voyages exceeding twelve weeks.




As used here, “superficial feet” means “area measured in square feet.”

For every passenger taken aboard, a ship is required to allocate just
ten square feet of deck (floor) area.  Ten square feet [0.93 square metre]
– that's a space five feet [152 cm] long by two feet [61 cm] wide.

That's for a ship that will not “pass within the tropics during such voyage.”

For voyages that will pass within the tropics at any point along the way,
this Act requires more space per passenger – that is, it allows fewer
passengers to be taken aboard any given ship.

For voyages “not exceeding twelve weeks,” this Act requires
“twelve such clear superficial feet” for each passenger – that's
a space six feet [183 cm] long by two feet [61 cm] wide.

For voyages “exceeding twelve weeks,” this Act requires
“fifteen such clear superficial feet” for each passenger – that's
a space 6 feet [183 cm] long by 2½ feet [76 cm] wide.

The Act specifies space per passenger as so many square feet of area;
it does not specify the length to width ratio (as in these illustrative examples).
Further, it does not specify the shape (rectangular or otherwise).  These
examples use specific lengths and widths to help the reader to form a clear
mental image of just what ten or twelve or fifteen “superficial feet” means
to the paying passenger.  As set out on section VIII (below), these voyages
in the days of sail routinely involved time at sea of 15 or 20 or 24 weeks.

As stated in section IX (below), for the purposes of this Act two children,
each being under the age of fourteen years, shall be equal to one
passenger, and that children under the age of one year shall not be
included within the computation of the number of passengers
(thus not allocated any “superficial feet”).

By the way, these paying passengers had to do their own cooking.
As specified below, the ship was responsible only for providing
“Fires and suitable Hearths for cooking.“

[This note does not appear in the Act.]


              III. And be it enacted, That no Ship shall carry Passengers on any such Voyage as aforesaid, unless she have Lower or Hold Beams, forming part of the permanent Structure of the Vessel, and also a Lower Deck or Platform, of which the under surface shall be not lower than Three Inches [7.6 cm] above the Bottom of the Lower Beams, and properly and substantially secured to the same, nor unless such Lower Deck or Platform shall be of not less than One and a half Inch [3.8 cm] in thickness.


              IV. And be it enacted, That no Ship shall carry any Passengers upon any such Voyage as aforesaid, unless such Ship shall be of the Height of Six Feet [183 cm] at the least between the Upper Deck, and the Lower Deck or Platform hereinbefore mentioned, not carry Passengers on the Orlop Deck, if any, unless the Height between such Orlop Deck and the Deck immediately above the same, be Six Feet at the least.


              V. And be it enacted, That no Ship carrying Passengers on any such Voyage as aforesaid, shall have more than two Tiers of Berths, and that in no such Ship shall the Interval between the Floor of the Berths and the Deck or Platform beneath them, be less than Six Inches [15 cm], and further, that the Berths shall be securely constructed, and that their Dimensions shall not be less than after the rate of Six Feet [183 cm] in Length, and Eighteen Inches [46 cm] in Width for each Passenger.


              VI. And be it enacted, That on board every Ship carrying Passengers on any such Voyage as aforesaid, there shall be issued to the Passengers daily a supply of Water at the rate of at least three Quarts [3.4 L] for each Passenger per Day, and that there shall also be issued at convenient times, not less than twice a Week, a Supply of Provisions, after the rate of Seven Pounds [3.2 kg] of Bread, Biscuit, Flour, Oatmeal, or Rice, per Week, provided that One Half at least of the Supply shall consist of Bread or Biscuit, and that Potatoes may be employed to the extent of the remaining half of the Supply, Five Pounds [2.3 kg], however, of Potatoes being computed as equal to One Pound [454 g] of the other Articles above enumerated: and that such issues as aforesaid, shall be made throughout the whole Voyage, including the time of detention, if any, at any Port or Place before the end of such Voyage; and further, that no Ship proceeding on any such Voyage as aforesaid, shall be cleared out until there shall be laden, and on board, such Quantity of pure Water and of good and wholesome Provisions of the requisite kind, as shall be sufficient to allow of the issues aforesaid, during the period assigned to such Voyage, under the Provisions of this Act.


              VII. And be it enacted, That in any such Ship, the Water to be laden on board as hereinbefore required, shall be carried in Tanks or sweet Casks, and that none of such Casks shall exceed Three Hundred Gallons [1360 L] in capacity; and further, that when any Ship shall be destined to call at a Port or Place in the course of her Voyage, for the purpose of filling up her Water, a supply of Water at the rate before mentioned for every week of the computed Voyage to such Port of Place of calling, shall be deemed to be a compliance with the Provisions of this Act, subject to the following Conditions: (that is to say.)
              FIRST. – That the Government Emigration Agent, at Ports where there is one, and the Collector or Comptroller of Customs at Ports where there is no such Agent, signify his Approval in Writing and that the same be carried amongst the Papers of the Ship, to be delivered to the Collector of Customs, or Her Majesty’s Consul, as the case may be, on reaching her final Destination.
              SECONDLY. – That an Engagement to call at such Port or Place be inserted in the Bond, which is hereinafter required to be given to the Crown, by the Owner or Charterer, and Master.
              THIRDLY. – That if the computed length of the Voyage to such Port or Place, be not declared in this Act, it shall be competent to the Government Emigration Agent, or the Collector or Comptroller of Customs, as aforesaid, as the Case may be, to fix the same in each case: and,
              FOURTHLY. – That the Ship shall have on board, at the time of clearing out, Tanks of Water Casks, sufficient for stowing the Quantity of Water required for the longest portion of the whole Voyage.


              VIII. And be it enacted, That the number of Weeks deemed to be necessary for the voyage of any such Ship, according to her Destination, shall be determined by the following Rule of Computation: (that is to say,)
              For a Voyage to North America, except the West Coast thereof, Ten Weeks:
              For a Voyage to the West Indies, including under that term the Bahama Islands, and British Guiana, Ten Weeks:
              For a Voyage to any part of the Continent of Central or South America, except the West Coast thereof, and except British Guiana, Twelve Weeks:
              For a Voyage to the West Coast of Africa, Twelve Weeks:
              For a Voyage to the Cape of Good Hope or the Falkland Islands, Fifteen Weeks:
              For a Voyage to the Mauritius, Eighteen Weeks:
              For a Voyage to Western Australia, Twenty Weeks:
              For a Voyage to any other of the Australian Colonies, Twenty-two Weeks:
              For a voyage to New Zealand, Twenty-Four Weeks:


              IX. Provided always, and be it enacted, That for the Purposes, and within the Meaning of this Act, it shall in all cases be computed that Two Children, each being under the Age of Fourteen Years, shall be equal to One Passenger, and that Children under the Age of One Year shall not be included within the computation of the number of Passengers.


              X. And be it enacted, That before any such Ship shall be cleared out for the Voyage, the Government of Emigration Agent, at Ports where there is such an Officer, or in the absence of such Agent, and in Ports, where there is no such Agents, the Collector or Comptroller of Customs, shall survey or cause to be surveyed by some Competent Person, the Provisions and Water hereinbefore required for the Consumption of the Passengers, and shall ascertain that the same are in a sweet and good condition, and shall also ascertain that over and above the same, there is on board an ample Supply of Water and Stores for the victualing of the Crew of the Ship, and other Persons (if any) on board.


              XI. And be it enacted, That such Officers shall see that the other Directions contained in the Act be complied with, so far as the same can be compiled with, before the Departure of such Ship from any Port or Place in the United Kingdom, or in the hereinbefore mentioned Islands.


              XII. And be it enacted, That if Doubts shall arise whether any Ship about to proceed with Passengers as aforesaid, is seaworthy, so as to be fit for her intended Voyage, and such Doubts shall not be removed to the satisfaction of the Collector and Comptroller of the Customs, at the Port from which such Vessel is to be cleared out, or in case there shall be a Government Emigration Agent at such Port, then to the satisfaction of such Emigration Agent, it shall be lawful from such Collector and Comptroller, or for such Government Emigration Agent, (as the case may be) at any time to cause such Ship to be surveyed by two competent Persons, and if it shall be reported by those Persons that such Ship is not in their opinion seaworthy, with reference to such Voyage, such Ship shall not be cleared out, unless the contents of such Report be disproved to the satisfaction of the Commissioners of the Customs, or of the Colonial Land and Emigration Commissioners, in those cases in which the Report shall have been made at the instance of a Government Emigration Agent, or until such Ship shall have been rendered seaworthy.


              XIII. And be it enacted, That no Ship shall carry any Passengers on any such Voyage as aforesaid, unless such Ship shall be provided with good sound Boats of suitable size, and properly supplied with all requisites for their use, in the following proportion to the registered Tonnage of Such ship as aforesaid: (that is to say,)
              Two Boats,NOTE 2 if the Tonnage of such Ship be One hundred and fifty Tons and upwards, but under Two hundred and fifty tons:
              Three Boats,NOTE 2 if the Tonnage of such Ship be Two hundred and Fifty Tons and upwards:
              Four Boats,NOTE 2 if the Tonnage of such Ship be Five hundred Tons and upwards, and the Number of Passengers exceed Two hundred:
              Nor unless one of such Boats be a Long Boat of a Size duly proportioned to the Tonnage of the Ship.

How Many Lifeboats?

NOTE 2:  This 1842 Act carefully specifies how many lifeboats must
be provided on any ship carrying paying passengers.

How many lifeboats is spelled out exactly.

But how big must each lifeboat be?

That is, each lifeboat must be designed to carry how many people?

The 1842 Act is silent on this point.

We (in the 21st century) are amazed that such a detail is overlooked.
But, in the 1840s – the decade when steam-powered passenger ships
began to displace sailing ships (Samuel Cunard's first steamship,
Britannia, made her maiden voyage in 1840) – throughout the British
Empire this was the legal method used by ship designers and shipyards,
and accepted by shipping companies and government inspectors, for
calculating the number and size of lifeboats to be included for any new
passenger ship.




This method – ignoring the actual number of passengers on board, and instead
using the ship's tonnage to determine how many lifeboats were required –
continued to be the official legal procedure for many decades after 1842.

This same method was used in 1909, to determine the number of lifeboats
required to be ordered for hull number 390904, then under construction at
the Harland & Wolff shipyard in Belfast for the Oceanic Steam Navigation
Company; launched in 1911 with the name RMS Titanic.


[This note does not appear in the Act.]


              XIV. And be it enacted, That two Copies of this Act shall be kept on board every Ship carrying Passengers on any such voyage as aforesaid, and that for this purpose Two Copies of the same, provided and issued by the Authority of the Commissioners of the Customs, shall be delivered to the Master, on demand, by the Collector or Comptroller of the Customs at the Port and time of Clearance of the Ship; and One of such Copies shall, upon request made at seasonable times to the Master of the Ship, be produced to any Passenger for his perusal.


              XV. And be it enacted, That no Ship carrying Passengers on any such Voyage as aforesaid, to any such Port or Place as aforesaid, except any Port or Place in North America, shall, in case the Number of such Passengers shall amount to or exceed One hundred, or in case the estimated length of the Voyage, computed as hereinbefore is mentioned, shall exceed Twelve Weeks, and the Number of such Passengers shall amount to or exceed Fifty, clear out for such Voyage, from any Port in the United Kingdom, or in the hereinbefore mentioned Islands, unless there shall be rated upon the Ship’s Company, and shall be actually serving on board such Ship, some Person duly authorized by Law to practice in this Kingdom as a Physician, or Surgeon, or Apothecary, and that no such Ship shall actually put to Sea or proceed on such Voyage, unless such Medical Practitioner shall be therein, and shall bona fide proceed on such Voyage, taking with him a Medicine Chest, and a proper Supply of Medicines, Instruments and other things suitable to the intended Voyage; and no Ship carrying Passengers on any Voyage, from any Port or Place in the United Kingdom, or in the hereinbefore mentioned Islands, to or for any Port or Place out of Europe, and not being within the Mediterranean Sea, shall clear out for any such Voyage, unless and until there shall be actually laden and on board such Ship, Medicines, and printed or written Directions for the use of the same, and other things necessary for the Medical Treatment of the Passengers on board during such intended Voyage, and available for that purpose, nor unless such Medicines or other things, shall be adequate in amount and kind to the probable Exigencies or any such Voyage, and, together with such Medicines and other things, shall also be put on board every such Ship, previously to her clearing out for any such Voyage as aforesaid, a Certificate under the Hands of any One or more such Medical Practitioner, qualified as aforesaid, who shall not have been the seller of the Medicines and other things, or any part of them, to the effect that the same have been inspected by him, and are in his Judgement adequate to meet any such probable Exigencies as aforesaid, and further, that he has no pecuniary Interest in the supply of the same.


              XVI. And be it enacted, That in any Ship carrying Passengers upon any such Voyage as aforesaid, no Spirits or Strong Waters shall be sold to any Passenger during the Voyage; and that if the Master of the Ship shall, directly or indirectly, sell or cause to be sold, any Spirits or Strong Waters, to any Passenger during the Voyage, he shall be liable to a Penalty not exceeding One Hundred Pounds, to be sued for and recovered in manner hereinafter mentioned.


              XVII. And be it enacted, That the Master of every Ship carrying Passengers on any such Voyage as aforesaid, shall, before clearing out his said Ship for such Voyage, from any Port or Place in the United Kingdom, or in the hereinbefore mentioned Islands, sign and deliver, in Duplicate, to the Collector, or to such Officer of Her Majesty’s Customs at such Port or Place as may clear the Ship, a list, made out according to the Form contained in Schedule (A.) hereto annexed, of all and every the Passenger on board of such Ship, specifying as accurately as may be, all the Particulars in the said Form required, and such Collector or other Officer shall thereupon countersign and return to the said Master one of such Duplicate Lists; and the said Master shall exhibit such Duplicate List, with the additions, if any, to be made thereto, as hereinafter directed, to the Collector or other Chief Officer of Her Majesty’s Customs at any such Port or Place in Her Majesty’s Possessions, or to Her Majesty’s Consul at any Foreign Port at which the said Passengers or any of them shall be landed, and shall deposit the same with such Collector or Chief Officer of Customs, or such Consul, as the case may be, at his final port of discharge.


              XVIII. And be it enacted, That in case any such Vessel shall have cleared out as aforesaid, with a number of Passengers less than the number she could lawfully carry, under the Provisions of this Act, or in case any Passenger or Passengers named in the List afore mentioned, shall not proceed on the Voyage, and there shall afterwards be taken on board any additional Passenger or Passengers, the Master shall, in every such case, add to the first List so countersigned, and returned to him as aforesaid, and in the same manner as is required in such first List, the names and particulars of such additional Passenger or Passengers; and shall moreover prepare, in the Form aforesaid, a separate List of such additional Passenger or Passengers, and deliver the same, together with the said first List so added to, as aforesaid, both being duly signed by him, to the Collector or other Officer of Customs as aforesaid, at the Port or Place where any such additional Passenger or Passengers may have embarked, and thereupon such Collector or other Officer of Customs shall countersign the additions so made to such first List as aforesaid, and shall return the same to the said Master, and retain the separate additional List, and so on in like manner whenever any additional Passenger or Passengers may be taken or board: Provided always, that in the event of there being no Collector or other Officer of Customs stationed at any Port of Place where such additional Passenger or Passengers may be taken on board, then such separate List, and also the said first List, with the additions so to be made to it as aforesaid, shall, in case the Vessel shall subsequently touch at any Port or Place at which there shall be stationed any Officer of Her Majesty’s Customs, be delivered by the said Master to such Officer of Customs, and the same respectively shall be dealt with in all respects by such Officer of Customs, as it would have been dealt with by the Collector or other Officer of Customs as aforesaid, had there been one at the Port or Place where such additional Passenger or Passengers embarked.


              XIX. And be it enacted, That if any Owner, Charterer, or Master of a Ship, or any Passage Broker, Agent, or other Person, shall receive any Money from any Person, for or in respect of the Conveyance of any Person as a Passenger on any such voyage as aforesaid to any Port or Place in North America, the Person so receiving such Money shall give a written acknowledgement for the same to the Party from whom the same shall have been received, in the Form contained in the Schedule (B.) hereto annexed, and in default thereof, shall be liable to a Penalty not exceeding Ten Pounds, in respect of each such Passenger, to be sued for and recovered as hereinafter is mentioned, and if he shall be so licensed as hereinafter is mentioned, his License shall be forfeited, in case the Justices before whom the Penalty shall be sued for, shall declare the Forfeiture thereof.


              XX. And be it enacted, That from and after the commencement of this Act, no Person, not being the Owner or Master of the Ship in which such Passages are hereinafter mentioned shall be taken, shall carry on the Business of a Passage Broker or Passage Dealer, in respect of Passages from the United Kingdom, or the hereinbefore mentioned Islands, to any Port or Place in North America, or shall sell or let, or agree to sell or let, to any Person, any such Passage, unless he shall have previously taken out a License to carry on the Business of a Passage Broker or Passage Dealer, as hereinafter is mentioned, and unless such License shall continue in force: and if any Person shall carry on such Business, or sell or let, or agree to sell or let, any such Passage, contrary to this Enactment, every Person so offending shall be liable to a Penalty not exceeding Ten Pounds, in respect of each and every such offence, to be sued for and recovered as hereinafter is mentioned, and shall further be subject to all the same Penalties and Liabilities to which Licensed Passage Brokers and Passage Dealers are subject, under this Act; and that it shall be lawful for any Person desiring to carry on the Business of a Passage Broker or Passage Dealer, in respect of such Passages to North America, as aforesaid, to make application to the Justices assembled in Petty or Quarter Sessions, held for the District or Place in which such Person shall reside, for a License to carry on such Business, and such Justices so assembled, are hereby authorized to grant such License to the party making application for the same, such License to be made out according to the form contained in the Schedule (C.) hereunto annexed, and to continue in force for the period named in such form, unless sooner forfeited, in manner hereinafter mentioned; and where any such License be granted, such Justices shall cause notice thereof, to be forthwith transmitted by the Post, to the Colonial Land and Emigration Commissioners, at their office in London; Provided nevertheless, that no such License shall be granted, unless the party applying for the same shall show, to the satisfaction of the Justices, that he has given notice to the Colonial Land and Emigration Commissioners, of his intention to apply for the same, twenty-one clear days at least, before such application, such notice to be transmitted by the Post, to the Office of the said Colonial Land and Emigration Commissioners, and to be in the form contained in the said Schedule (D.) hereunto annexed.


              XXI. And be it enacted, That if any Licensed Broker or Dealer, as aforesaid, shall receive Money for, or on account of, the passage of any Passenger for any such Voyage, as aforesaid, to any Port or Place in North America, without having a written authority to act as Agent for the part on whose behalf the Contract for such Passage purports to to be made, or shall by any fraud or false pretence whatsoever, induce any person to purchase, hire, or engage, a passage in any ship for any such voyage, as aforesaid, every such Broker or Dealer shall be liable, upon conviction, as hereinafter is mentioned, in respect of every such offence, to a penalty not exceeding Ten Pounds, to be sued for and recovered in a manner hereinafter mentioned; and it shall be lawful for the Justices before whom the penalty shall be sued for, to declare, if they shall think fit, the License of such Broker or Dealer to be forfeited, and the same shall upon such Declaration be forfeited accordingly; Provided always, that in any case in which, under the Provisions of this Act, any Justices shall declare the License of any Passage Broker or Passage Dealer to be forfeited, such Justices shall cause notice of such forfeiture, in the form contained in the Schedule (E.) hereunto annexed, to be forthwith transmitted by the Post to the Colonial Land and Emigration Commissioners, at their office in London.


              XXII. And be it enacted, That if any Passenger, or person on his behalf, shall have entered into a Contract for a Passage or Passages for such Passenger, or for him and his Family, in any Ship, for any such Voyage, as aforesaid, from an Port in the United Kingdom, or in the hereinbefore mentioned Islands, to or for any Port or Place out of Europe, and not being in the Mediterranean Sea, and if such Passenger, or such Passenger and his Family, (as the case may be,) shall be at the place of embarkation at the time appointed for that purpose, and shall, on demand, pay or tender such part of the Passage Money not already paid, as shall be payable under such contract previously to embarkation, and if, owing to the previous departure of the ship in which such Passage or Passages shall have been engaged, or the neglect, refusal, or other default of the Owner, Charterer, or Master thereof, or of the party with whom such Passage or Passages shall have been contracted for, such Passenger shall not obtain such Passage or Passages, or shall not within a reasonable time obtain a Passage or Passages, by some other equally eligible vessel, to the same Port or Place, and in the mean time be paid Subsistence Money, or be provided with lodging and maintenance, as hereinafter mentioned, such Passenger shall be entitled to recover, on manner hereinafter provided, all Monies which he shall have paid for such Passage or Passages, from the party to whom he shall have paid the same, and also such further sum, not exceeding Ten Pounds, in respect of each such Passage as shall, in the opinion of the Justices who shall adjudicate on the complaint, be a reasonable compensation for the loss or inconvenience occasioned to such Passenger, or his Family, by the loss of such Passage or Passages.


              XXIII. And be it enacted, That if any Ship shall not actually put to Sea, and proceed upon any such intended Voyage, as aforesaid, on the day for that purpose appointed in and by any Contract made by the Owner, Master or Charterer of such Ship, or by their Agent, with any Passenger who shall on that Day be on board the same, or ready to proceed on such intended Voyage, then and in every such case, the Master of such Ship shall victual each and every such Passenger in like manner as if the Voyage had commenced, and if the Ship does not put to Sea after the interval of two clear working days from the day appointed for sailing, shall be liable to pay to each and every such Passenger, instead of victualing him.  Subsistence Money, after the rate of One Shilling in respect of each day of delay, until the actual clearing out and final departure of such Ship on such Voyage, and the same may be recovered in the manner hereinafter mentioned; provided, however, that such Subsistence Money shall not be payable in lien of victualing in respect of any unavoidable detention by Wind or Weather, and also, shall not be payable to any Passenger who shall, with his own consent, be suitable lodged and maintained on shore, at the expence of the Parties who are bound to provide him with a Passage.


              XXIV. And be it enacted, That the Master or any Ship carrying Passengers under the Provisions of this Act, shall not land or put on shore, or cause to be landed or put on shore, any Passenger, without his previous consent, at any Port or Place other than the Port or Place at which he may have contracted to land or put such Passenger on shore.


              XXV. And be it enacted, That, at the close of any such Voyage, as aforesaid, every Person arriving as a Passenger at any Port or Place shall, during the space of forty-eight hours next after such arrival, be entitled to continue on board such Ship, and to be provided for and maintained on board the same, in such and the same manner as during such Voyage, unless in the ulterior prosecution of her Voyage, any such Ship shall quit any such Port or Place within the said period of forty-eight hours.


              XXVI. And be it enacted, That the Master of every Ship carrying Passengers on any such Voyage, as aforesaid, shall afford to the Government Agent for Emigration, or to the proper Officer of Customs, at any Port or Place in Her Majesty’s Dominions, from which such Ship shall sail, or at which such Ship shall touch during the Voyage, or at which such Ship shall arrive at the end of such Voyage, and to Her Majesty’s Consul at any Port or Place at which such Ship shall arrive, being in a Foreign Country, every facility for the inspection of the Ship, and for communication with the Passengers, and for ascertaining that the Act has been duly observed.


              XXVII. And be it enacted, That if in any Ship, carrying Passengers on any such Voyage, as aforesaid, such Lower Deck or Platform of such thickness, as hereinbefore directed, shall not be laid, and continued throughout the whole duration of any such Voyage, in such manner as hereinbefore required; or if the height between such Lower Deck or Platform, and the Upper Deck, shall be less than six feet; or if there shall be more than two tiers of Berths; or if such Berths shall not be securely constructed, or shall not be of the dimensions hereinbefore required; or if there shall not be throughout the whole duration of any such Voyage, such an interval as is hereinbefore prescribe, between the Deck and the floor of the Berths; or if any such Ship shall clear out, and put to Sea, not having on board Tanks or sweet Casks of such size and number, as aforesaid, and such Water and Provisions, as aforesaid, for the use and consumption of the said Passengers, of the kind, and to the amount, and in the proportion, hereinbefore required; or if such Water and Provisions shall not be issued in manner hereinbefore required; or if such Ship shall not be provided with good Boats, according to the rates aforesaid; or if copies of this Act shall not have been kept on board, and produced on demand, as hereinbefore required; or if there shall not be on board any such Vessel such Medical Practitioner, as aforesaid, or such Medicines and other things necessary to the Medical Treatment of the Passengers, as is hereinbefore required; or if any such Ship shall be cleared out before such List of Passengers, as hereinbefore mentioned, shall have been delivered in manner and form aforesaid, to such Officer as aforesaid; or if the additions to such List, and such additional separate List or Lists, as aforesaid, have not been made in the cases aforesaid, and delivered in the cases in which they are hereinbefore required to be delivered; or if any such List, or the additions to the same, shall be wilfully false; or if any such List, including the additions, if any to the same, shall not be exhibited to, or deposited with, the proper Officer, at any Port or Place at which it is hereinbefore required to be exhibited or deposited; or if any Passenger shall, without previous consent, be put on shore at any Place, other than the Place at which the Master has contracted to land such Passenger; or if any Passenger shall not be allowed to continue on board such Ship, in manner hereinbefore provided; or if every such facility for inspection shall not be afforded, as is hereinbefore required, the Master or any such Ship shall, for and in respect of each and every such offense, be liable, on such summary conviction as hereinafter mentioned, to the payment of a Fine not exceeding Fifty Pounds, Sterling, British Money.


              XXVIII. Provided nevertheless, and be it enacted, That nothing herein contained, shall take away or abridge any right of Suit or Action, which may accrue to any Passenger in any such Ship, or to any other person, in respect of the breach or non-performance of any Contract made or entered into, between or on behalf of any such Passenger, or other person, and the Master, Owner or Owners, of any such Ship.


              XXIX. And be it enacted, That all Penalties imposed by this Act, for any offense against the same, may be sued for and recovered, to the use of Her Majesty, as hereinafter is mentioned; (that is to say,) in the United Kingdom, by any Government Emigration Agent, or any Collector or Comptroller of Her Majesty’s Customs, or by any other Officer of Her Majesty’s Customs, authorized, in writing, by the Commissioners of Her Majesty’s Customs, to sue for Penalties under this Act; and in any of Her Majesty’s Possessions abroad, by any such Government Agent, Collector, or Comptroller, or other Officer so authorized, as aforesaid, and also, by any Officer authorized to sue for Penalties under this Act, by writing under the Hand and Seal of the Governor, or Officer administering the Government of any such Possession – which respective Authorities the Commissioners of Her Majesty’s Customs, and such Governors or other Officers, are hereby empowered to grant; and all sums of money made recoverable by this Act, as return of Passage Money, Subsistence Money, or Compensation, may be sued for and recovered, as hereinafter is mentioned, by or to the use of any Passenger entitled thereto, under this Act, or by any of such Officers as aforesaid, on behalf and to the use of any such Passenger, or on behalf, and to the respective use of any number of such Passengers, and either by one or several complaints; and all such Penalties and Sums of Money may be sued for, and recovered, before any two or more Justices of the Peace, acting in any part of Her Majesty’s Dominions in which the offense shall have been committed, or the cause of complaint shall have arisen, or in which the offender or party complained against shall happen to be; and upon complaint being made before any one Justice of the Peace, as aforesaid, he shall issue a Summons, requiring the party offending or complained against, to appear on a day, and at an hour and place, to be named in such Summons; and every such Summons shall be served on the party offending or complained against, or shall be left at his house, place or residence, or of business, or on board any Ship to which he may belong; and either upon the appearance, or default to appear by the party offending or complained against, it shall be lawful for any two or more Justices to proceed summarily upon the case, and either with or without any written information; and upon proof of the offence, or of the Complainant’s claim, (as the case may be,) either by confession of the Party offending or complained against, or upon the Oath of one or more credible Witness or Witnesses (which Oath such Justices are hereby authorized to administer), it shall be lawful for such Justices to convict the Offender or adjudicate the Complaint, and upon such conviction or adjudication, to order the Offender or Party complained against, to pay such Penalty, within the limits hereinbefore expressed, as the Justices may declare to have been incurred, or (as the case may be) to pay to the Party suing for the same sum of Money sued for, or so much thereof as such Justices shall think the Complainant justly entitled to, and also to pay the costs attending the Information or Complaint, Summons, Conviction, or Adjudication; and if forthwith upon any such Order, the Monies thereby ordered to be paid be not paid, the same may be levied, together with the Costs of the Distress and Sale, by Distress and Sale of the Goods and Chattles of the Party ordered to pay such Monies, the surplus, if any, to be returned to him, upon demand; and any such Justices may issue their Warrant accordingly, and may also order such Party to be detained and kept in safe custody until return can conveniently be made to such Warrant of Distress, unless such Party give sufficient Security, to the satisfaction of such Justices, for his appearance before them on the day appointed for such Return, such day or days not being more than eight days from the time of taking such Security’ but if it shall appear to such Justices, by the admission of such Party or otherwise, that no sufficient Distress can be had whereon to levy the Monies so adjudged to be paid, they may, if they think fit, refrain from issuing such Warrant of Distress thereof such insufficiency as aforesaid, the such Justices appear to the Justices, or any two or more such Justices, as aforesaid, then such Justices shall, by Warrant, cause the Party ordered to pay such Monies and Costs as aforesaid, to be committed to Gaol, there to remain without Bail for any Term not exceeding Three Months, unless such Monies and Costs ordered to be paid, and such Costs of Distress and Sale as aforesaid, be sooner paid and satisfied.


              XXX. And be it enacted, That if any Proceeding before any Justice or Justices under this Act or upon any Action, Suit or other Proceeding whatsoever, against any Person or Persons for any thing done either contrary to, or in pursuance of this Act, a question should arise whether any Person is a Government Emigration Agent, or an Officer of the Customs, viva voce evidence may be given of such fact, and shall be deemed legal and sufficient evidence.


              XXXI. And be it enacted, That any Passenger suing, as hereinbefore is mentioned, for any Sum of Money made recoverable by this Act, as return of Passage Money, Subsistence Money, or Compensation, shall not be deemed an incompetent Witness in any Proceeding for the recovery thereof, notwithstanding the same, if recovered, shall be applicable to his own use and benefit.


              XXXII. And be it enacted, That where any Distress shall be made for any Penalty, Monies or Costs, to be levied by virtue of this Act, the Distress itself shall not be deemed unlawful, nor the Party making the same be deemed a Trespasser, on account of any defect or want of Form in the Information, Summons, Conviction, Warrant of Distress, or other Proceedings relating thereto, nor shall the Party destraining be deemed a Trespasser ab initio on account of any irregularity which shall be afterwards committed by the Party so destraining, but the Person aggrieved by such irregularity may recover full satisfaction for the special damage in an Action upon the Case.


              XXXIII. And be it enacted, That no Plaintiff shall recover any action against any Person, for any thing done in pursuance of this Act, if tender of sufficient amends shall have been made before such action brought, of if, after action brought, a sufficient sum of Money shall have been paid into Court, with Costs, by or on behalf of the Defendant.


              XXXIV. And be it enacted, That no action or suit shall be commenced against any person, for anything done in pursuance of or under the authority of this Act, until Twenty-one days notice has been give thereof, in writing, to the party or person against whom such action or suit is intended to be brought, nor after three Calendar Months next, after the act committed for which such action or suit shall be so brought; and every such action shall be brought, laid, and tried, where the cause of action shall have arisen, and not in any other place; and the Defendant in such action or suit may plead the general issue, and give this Act, and any special matter in evidence, at any trial which shall be had thereupon; and if the matter or thing shall appear to have been done under or by virtue of this Act, or if it shall appear that such action or suit was brought, before Twenty-one days notice thereof, given as aforesaid, or if any action or suit shall not be commenced within the time hereinbefore limited, or shall be brought or laid in any other place, as aforesaid, then the Jury shall find a Verdict for the Defendant therein; and if a Verdict shall be found for such Defendant, or if the Plaintiff in such action or suit shall become nonsuited, or suffer a discontinuance of such action, or if upon a demurrer in such action, Judgment shall be given for the Defendant thereon, then and in any of the cases aforesaid, such Defendant shall and may recover Treble Costs, and shall have such remedy for recovering the same, as any Defendant may have for his Costs in any other case by Law.


              XXXV. And for the more effectually securing the observance of the aforesaid Rules, and the payment of the penalties, it be enacted, That before any Ship carrying Passengers, if the number of such Passengers shall exceed Fifty, shall clear out for any such Voyage as aforesaid, from any Port or Place in the United Kingdom, or in the hereinbefore mentioned Islands, the Owner or Charterer, or, in the event of the absence of such Owner or Charterer, one good and sufficient person on his behalf, to be approved by the Collector or Chief Officer of Customs at such Port, and the Master or said Ship, shall enter into a joint and several Bond to Her Majesty, Her Heirs and Successors, in the sum of One Thousand Pounds, the condition of which Bond shall be, that the said ship is seaworthy, and that all and every the Rules and Regulations made and prescribed by this Act, for the Carriage of Passengers, shall be well and truly performed, before and during such intended Voyage, and that all Penalties, Fines and Forfeitures, which the Master of such Ship may be sentenced or adjudged to pay, for or in respect of the breach or non-performance, before or during such Voyage, of any such Rules and Regulations, shall be well and truly paid; Provided always, that such Bonds shall be without Stamps, and that no such Bond shall be put in suit, and that no prosecution, suit, action, information, or complaint, shall be brought under or by virtue of this Act, or upon or by reason of the breach of any of the Provisions thereof, in any of Her Majesty’s Possessions abroad, after the expiration of Twelve Calendar Months, next succeeding the commencement of any such Voyage, as aforesaid, nor in the United Kingdom, or any of the Islands before mentioned, after the expiration of Twelve Calendar Months, next after the return of said Ship, or of the said Master, to the United Kingdom, or there hereinbefore mentioned Islands.


              XXXVI. And be it enacted, That nothing in this Act contained, shall extend, or be construed to extend, to Ships carrying Passengers on such Voyage, as aforesaid, if the number of such Passengers shall not amount to or exceed Thirty, nor shall any thing in this Act contained extend to any of Her Majesty’s Ship’s of War, or to any Ship in the service of the Commissioners for executing the Office of Lord High Admiral of the United Kingdom, or to Ships of War or Transports in the Service of the East India Company.


              XXXVII. And whereas it is expedient to provide in certain cases, for the regulation of voyages from the Colonies; be it therefore enacted, That this Act shall, except as hereinafter excepted, extend and apply to the Carriage of Passengers by sea, from any of the British West Indies, in which term are included the British West India Islands, the Bahamas, and British Guiana, and from Malta, and from the British Possessions in Africa, and from the Mauritius, to any other place whatsoever.


              XXXVIII. And be it enacted, That it shall be lawful for the Governor, or Officer administering the Government of any British Colony, not enumerated in the enactment lastly hereinbefore contained, to declare by Proclamation to be issued for that purpose, that this Act, except as hereinafter is excepted, shall be extended, and shall apply to the Carriage of Passengers, by sea, from such Colony to such places as may by him be named, for the purpose in such Proclamation, and thereupon this Act shall be thenceforth so extended, and shall so apply accordingly.


              XXXIX. And be it enacted, That it shall be lawful for the Governor, or Officer administering the Government of any of the British Colonies, to which this Act, as respects the Carriage of Passengers by sea therefrom, has been hereby extended, or shall have been extended by Proclamation, as hereinbefore is mentioned, by any Proclamation or Proclamations to be by him from time to time issued for that purpose, to declare the rule of computation by which the length of the voyage of any ship carrying Passengers from such Colony to any other place, shall be estimated, for the purposes of this Act: Provided nevertheless, that this Act shall not, except as respects the West Indies, and except as hereinafter is mentioned, extend or apply to any such voyage, if the length thereof so computed shall not be Three Weeks or upwards.


              XL. And be it enacted, That it shall be lawful for the Governor, or Officer administering the Government of any of the British Colonies to which this Act has, as respects the Carriage of Passengers by Sea therefrom, been hereby extended, or shall have been so extended by Proclamation as hereinbefore is mentioned, by any Proclamation or Proclamations to be by him from time to time issued for that purpose, to substitute for the articles of food and provisions specified in this Act, such other articles of food and provisions as shall be a full equivalent for the same.


              XLI. Provided always and be it enacted, That every such Proclamation as aforesaid, or as hereinafter is mentioned, shall be transmitted by the Governor or Officer, by whom the same may have been issued to Her Majesty, through one of Her Majesty’s Principal Secretaries of State, for Her Majesty’s confirmation or disallowance; and in case the same shall be disallowed by any Order to be made by Her Majesty for that purpose, with the advice of Her Privy Council, then, from and after the promulgation of any such Order in Council, within any such Colony, any such Proclamation shall cease to be of any force or authority, but until so disallowed, the same shall be duly observed and obeyed; Provided also, that on the production at any one of the Colonies aforesaid, of an arrested copy of any such Proclamation as aforesaid, or as hereinafter is mentioned, under the Hand of the Governor, or the Officer administering the Government of the Colony wherein the same may have been issued, and under the public Seal of such Colony, such attested copy shall, in the Colony wherein the same shall be so produced, be received and good and sufficient evidence of the issuing and of the contents of any such Proclamation.


              XLII. And be it enacted, That all the Powers and Authorities which are hereinbefore vested in the Collector and Comptroller of the Customs, for determining the seaworthiness of any ship carrying Passengers from any Port in the United Kingdom, shall, in respect of any ship carrying Passengers from any Port in any of the Colonies aforesaid, be and the same are hereby vested in the respective Governors, or Officers administering the Government of the said Colonies, respectively.


              XLIII. Provided always, and be it enacted, That as respects voyages from the Colonies, it shall not be necessary for the Master, Owner, or Charterer of any Ship carrying Passengers on any such voyage, to enter into any such Bond as is hereinbefore required to be entered into by the Master, and Owner, or Charterer of any Ship carrying Passengers on any such voyage as hereinbefore is mentioned.


              XLIV. Provided also, and be it enacted, That the provisions of this Act shall not extend or apply to voyages from the Colonies, so far as related to the following subjects: (namely,)
              The keeping copies of the Act on board:
              The use of the form of receipt hereinbefore required to be given for Passage Money:
              The licensing of Passage Brokers:
              The return of Passage Money and compensation, in case the party cannot be forwarded by the appointed ship, or by some other eligible vessel, and victualing, or the payment of Subsistence Money, in case of detention.


              XLV. Provided always, and be it enacted, That, except as hereinbefore is excepted, with respect to voyages from the Colonies, the provisions and regulations of this Act shall extend and apply to voyages from the West Indies of less duration, so computed as aforesaid, than Three Weeks, but being of not less duration, so computed as aforesaid, than Three Days, save and except so far as relates to the following subjects: (namely)
              The construction or thickness of the Lower Deck or Platform:
              The Berths:
              The Height between Decks:
              The surgeon and Medicine Chest:
              The Maintenance of Passengers for Forty-eight Hours after arrival:
              Provided also, that as respects such voyages from the West Indies, of less computed duration than Three Weeks, the owner or charterer of a ship may, if he think fit, contract with the Passengers engaging passages therein, that they shall respectively provide themselves with necessary Food, (not including Water) for the voyage; and in such case the regulations of this Act, respecting the issue of provisions by the Master, shall not be applicable to such Passengers on such voyage.


              XLVI. Provided also, and be it enacted, That it shall be lawful for the Governor, or Officer administering the Government of any British Colony (other than the West Indies) to which this Act, as respects the carriage of Passengers by sea therefrom, has been hereby extended, or shall hereafter be extended by Proclamation, as hereinbefore is mentioned, by the same, or by any subsequent Proclamation, to be by him issued for that purpose, to declare that the enactment hereinbefore contained, respecting voyages from the West Indies, of shorter duration than Three Weeks, shall extend and apply to voyages from the Colony, in respect of which, such Proclamations shall be issued, such voyage being of less duration, so computed as aforesaid, than Three Weeks, but not of less duration, so computed as aforesaid, than Three Days; and thereupon such enactment shall extend and apply to such voyage accordingly.


              XLVII. And be it enacted, That nothing in this Act contained, extends, or shall be construed to extend, to prevent the enactment by the respective Governors, Councils, and Assemblies, or other local Legislatures, in the British West Indies and South America, and in the Bahama Islands, and in Bermuda, or by Her Majesty, with the advice of Her Privy Council, of any such Acts of General Assembly, or Ordinances, or Orders in Council, as may be requisite for making and establishing such several Rules and Regulations, as are required by this Act, or any of them, or for carrying the same info full and complete effect: Provided nevertheless, that it shall not be lawful for any such Governor, Council, and Assembly, or for such local Legislature, or for Her Majesty in Council, by any such Acts of Assembly, Ordinances, or Orders in Council, as aforesaid, to make or establish any Enactment, Provisions, Rule, or Order, which shall be in anywise repugnant or contradictory to this Act, or any part thereof, but that every such Enactment, Regulation, Provision, Rule or Order, shall be and is hereby declared to be absolutely null and void, and of no effect.


              XLVIII. Provided always, and be it enacted, That nothing hereinbefore contained, shall be construed to apply to any of the Territories or Places under the Government of the East India Company, or to any of the Governors appointed by the said Company; nor shall any thing hereinbefore contained, affect or be construed to affect the Powers now vested in the Governor of India, in Council, to make Laws and Regulations whereby the Provisions of this Act, or such of them as to the said Governor General of India, in Council, shall seems expedient, shall or may be extended to the Territories and Places under the Government of said Company, or for in respect of which the said Governor General, in Council, has now by Law a power of Legislation; but it is hereby enacted, that it shall be lawful for the Governor General of India, in Council, from time to time, by any Act or Acts to be passed for that purpose, to declare that this Act, with such exceptions as are hereinbefore mentioned, shall extend and apply to the Carriage of Passengers upon any voyage, from any Ports or Places within the Territories of the East India Company, to be specified or described in such Act or Acts, to any other Places whatsoever, to be also specified or described in such Act or Acts, and also in like manner to authorized the substitution, as respects such voyages, of other equivalent articles of Food and Provisions, for those hereinbefore enumerated, and to declare the rule of computation by which the length of any such voyage shall be estimated, and to confer the powers hereinbefore conferred upon Government Emigration Agents, and Collectors, and Comptrollers of the Customs, with respect to ascertaining and deciding on the seaworthiness of a Ship, upon such officers of the East India Company, as the said Governor General in Council may think proper; and from and after the passing of such Act or Acts, and whilst the same shall remain in force, this Act shall, with such exceptions as are hereinbefore made as respects voyages from the Colonies, apply to and extend to the carriage of Passengers upon such voyages, as in the said Act or Acts, shall be specified: which Acts shall nevertheless be subject to disallowance and repeal, and shall in the same manner be transmitted to England, and be laid before both Houses of Parliament, as in case of any other Laws or Regulations which the said Governor General, in Council, is now by Law empowered to make,


              XLIX. And be it enacted, That it shall be lawful for the Governor General of India, in Council, from time to time, by any Act or Acts to be passed for that purpose, to declare in what manner, and before what Authorities, and by what form of proceedings, the Penalties imposed, and the sums of money made recoverable by this Act, shall be sued for and recovered within any Places or Territories under the Government of the East India Company, and to what uses such Penalties shall be applied.


              L. And be it enacted, That the Provisions, Regulations, Penalties, and Forfeitures, set forth in this Act, shall extend, and be deemed to extend, to Foreign Vessels, carrying Passengers upon any Voyage from any Port or Place in the United Kingdom, or in the hereinbefore mentioned Islands, to or for any Port or Place out of Europe, and not being within the Mediterranean Sea, or upon any other Voyage, to which the provisions of this Act shall, for the time being, extend.


              LI. And be it enacted, That wherever the term “Passage” or “Passenger” is used in this Act, it shall be held not to include or extend to the class of Passages or Passengers commonly known and understood by the name of Cabin Passages or Cabin Passengers.


              LII. And be it enacted, That in the construction of this Act, unless there be something in the subject or context repugnant to such construction of this Act, every word importing the Singular Number, or the Masculine Gender only, shall be understood to include, and shall be applied to several persons, matters, or things, as well as one person, matter or thing, and females as well as males, respectively.


              LIII. And be it enacted, That in all proceedings, it shall be sufficient to cite this Act by the title of “The Passengers Act” .


              LIV. And be it enacted, That this Act shall commence on the First day of October, One Thousand Eight Hundred and Forty-two, and not sooner.



Schedules referred to by the foregoing Act.


Schedule (A.) referred to in the 17th Section of this Act.

Ship’s Name Master’s
Name
Tons per
Register
Aggregate Number of super-
ficial feet in the several
compartments set apart for
Steerage and Intermediate
Passengers
Total Number
of Statute
Adults the ship
can legally
carry
Where
bound
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

I hereby certify, That the Provisions actually laden on board this Ship, according to the_______ Section of the Passengers Act, are sufficient for_____ Passengers, computed according to the Act.

Signed____________________________ (Master)

Date________________



Ports of
Embarcation
Name of
Passengers
Adults Children under
14 years
Profession,
Occupation
or Calling
of Passenger
Port at which
Passengers have
contracted to be
landed
M  F  Total M  F  Total
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  Total Number of
Souls equal to
Statute Adults
 
*  

* We hereby certify the above is a correct List of all the Passengers who embarked at the Port of __________________
(Signed)_____________________________Master
      (Countersigned)_____________________________Officer of Customs

N. B. – Lines should be ruled in the same form, for any Additions to the list after the Ship first clears out; and similar
Certificate be subjoined to such Additions, according to the requirements of the Act.


Schedule (B.) referred to in the 19th Section of this Act.

PASSENGERS ON CONTRACT TICKET.

N.B. – Any one receiving Money from or in respect of any Passenger about leaving the United Kingdom for any Place in North America, without using this Form, and correctly filling up the Blanks therein, and signing it with his Name in full, will be liable to a penalty not exceeding £10 for each such Passenger.

Ship________________________ of_______ Tons Register Burthen, to sail from_________________________ for_________________________ on the_______ day of___________ 18___.

Names Ages Equal to
Statute
Adults
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
I engage that with the parties herein named, shall be provided with a Steerage Passage to_____________ in the Ship_____________ with not less than ten cubic feet [28.3 L] for Luggage for each Statute Adult, for the sum of £___ including Head Money, if any, at the place of landing, and every other charge; and I hereby acknowledge to have received the sum of £___ in full/part payment.

Water and Provisions according to the annexed Scale will be supplied by the Ship, as required by Law, and also Fires and suitable Hearths for cooking.

Utensils for eating and drinking will be provided by_______

Bedding will be provided by_______

Signature \{N.B. – If signed by a Broker or Agent, state on whose behalf\}

Date_______________

[At end of this Contract insert the Victualling Scale, which must in no case be less than required under the provisions of the Passengers Act.]

Deposit £___

Balance £___ to be paid at______________________

Total £___


Schedule (C.) referred to in the 20th Section of this Act.

FORM OF PASSENGER BROKER’S LICENSE.

A.B. of_____________ in the _____________ having shown to the satisfaction of us, the undersigned Justices of Peace, in_____________ Quarter/Petty _____________ Sessions assembled, that he hath duly given Notice to Her Majesty’s Colonial Land and Emigration Commissioners, of his intention to make application for a License to carry on the business of a Passage Broker or Passage Dealer, in respect to Passages to North America: We, the undersigned Justices, so assembled, as aforesaid, and having had no sufficient cause shown to us why that said A.B. should not receive such License, do hereby License and authorized the said A.B. to carry on the business of a Passenger Broker or Passage Dealer, as aforesaid, until the 31st day of December, in the year following the present year, unless this License shall be sooner determined, by forfeiture for misconduct on the part of the said A.B., as in the Passengers Act is provided.

Given under our respective Hands and Seals, this__________ day of 18____ at_____________

(L.S.) Legal Seal
Justice of the Peace______________________

(L.S.) Legal Seal
Justice of the Peace______________________


Schedule (D.) referred to in the 20th Section of this Act.

Form of Notice to be given by Passage Broker to
Her Majesty’s Colonial Land and Emigration Commissioners.

Gentlemen
I, A.B. of___________________ in___________________ do hereby give you Notice, that it is my intention to apply, after the expiration of twenty-one clear days from the putting of this Notice into the Post, to the Justices to be assembled in_____________ the Quarter/Petty _____________ Sessions, to be held for for a License to carry on the business of a Passenger Broker or Passage Dealer, in respect of Passages to North America.
Signature______________________
Date ________________
To Her Majesty’s Colonial Land and Emigration Commissioners


Schedule (E.) referred to in 21st Section of this Act.

Form of Notice to be given to
Her Majesty’s Colonial Land and Emigration Commissioners,
of forfeiture of Passage Broker’s License.

Gentlemen
This is to give you Notice, that the License granted on the ________ day of __________ 18____ to A.B. of__________________________ in __________________ to act as a Passage Broker or Passage Dealer, was on the _______ day of ____________ now last past, duly declared by us, the undersigned Justices of the Peace, in Petty Sessions assembled, to be forfeited.
Signatures______________________________________________
Date ________________
To Her Majesty’s Colonial Land and Emigration Commissioners, London.


—— END  of  The  Passenger  Act, 1842 ——






Ships sailing under the provisions of the
Passenger Act

During the year 1862, the number of emigrants who left Liverpool for the United States, British North America, the Australian colonies, and other settlements, was 64,314, while in 1861 the total number was 55,029, or 9,285 less.  The number conveyed in 1862, in ships sailing under the provisions of the Passenger Act, was 53,498, and those in ships not under the Act, or 'short ships,' as they are technically called, were 10,816.  Of those sailing under the Act 36,657 steerage and 2,527 cabin passengers went in 180 ships to the United States, against 26,212 steerage and 1,365 cabin in 1861.  To Canada there sailed, in seven ships under the Act, 183 cabin and 1,543 steerage passengers.  To Victoria, in twenty-nine ships, 288 cabin and 9,272 steerage passengers; to Queensland, in eight ships, 32 cabin and 1,693 steerage passengers; to New South Wales, one ship, with 348 steerage passengers.  For Vancouver's Island, four ships sailed, with 18 cabin and 361 steerage passengers; and for South America, one ship, with 124 steerage passengers; in all, 232 ships, with 3,048 cabin and 50,450 steerage passengers.  The number of 'short ships' sailing in 1862 was 267, with 4,479 cabin, and 6,337 steerage passengers.  Of these 119 ships, with 2,496 cabin and 2,993 steerage passengers, were for the United States; and thirty-one ships, with 1,279 cabin and 2,630 steerage, for Canada[boldface emphasis added]

—Source: The Statesman's Yearbook, Volume 25 for the year 1864, page 245
MacMillan and Company, London and Cambridge, England
Google Boooks: http://books.google.ca/books?id=gasRAAAAYAAJ


By sail across the ocean - daily life aboard






Emigration – Passengers' Act
HC (House of Commons, London) Debates, 04 February 1842, vol 60, cc76-94

Lord Stanley: ... At one time, indeed, it had been the opinion of the House that the legislature ought to leave the carrying trade of passengers untouched, as other matters of ordinary business; was thought that the emigrants would readily take care of themselves, and that any regulations which might be adopted, would only impose additional cost upon them.  It was, therefore thought impolitic to interfere, and that the emigrant agents would soon discover at what cost, and under what condition emigrants could be carried.

A Passengers' Act, of some sort or another, had been in existence for many years, and the whole were consolidated in the year 1825.

In the year 1827, however, the committee upon emigration had recommended that the Passengers' Act should be repealed; but, as soon as it was repealed, and the emigration agents were wholly freed from control, the frauds became so numerous, the abuses were so outrageous, that the complaints were general, and the clamours were so loud, that six months after the former act was repealed, it became unavoidably necessary to pass a new act containing provisions of still greater stringency.

Since that period a Passengers' Act, modified and altered from time to time, had continued in operation.  In the year 1833, when he last held the office lately filled by the noble Lord opposite (Lord John Russell), he had introduced a system founded upon a different principle.

Emigration agents were appointed at various ports to assist the persons about to emigrate, and to check the frauds practised upon them, and notwithstanding the difficulties they had to encounter, he believed that the emigration agents had materially checked the abuses that formerly existed, and had been of considerable advantage to the poorer classes of emigrants.

They had now, therefore, to legislate upon the experience of eight or nine years, and upon the reports of the emigration agents themselves, They had examined the existing system, and had reported upon its detects, and on the principal modes by which their utmost diligence was evaded.  Their report had been laid before the noble Lord, who preceded him in July last; and they had since reported more fully, had given much additional information, and had accompanied their report with several useful recommendations.

The alterations which he was about to propose were wholly matters of detail, and the House would abstain from pressing him then to state minutely what the alteration he proposed was, and the more so, because the course which he intended to pursue was one which would best suit the convenience of the House, and because he was desirous that the bill should pass, after mature discussion, but without any opposition from either side, for the emigration for the year usually commenced in March, and if the measure was to be of service to the emigrants, it must be passed at the earliest moment.  The course which he intended to pursue was, to lay upon the Table of the House the two reports from the land and emigration agents, and with them all the amendments, clause by clause, which he intended to make in the present act, and the specific provisions he proposed to introduce.

Such hon. Gentlemen as were disposed to give their consideration to the question, would thus have an opportunity of reading all the information laid upon the Table, before they came to their conclusions, and would be able more conveniently to discuss the various details.

He proposed also, to make some alteration in the existing law, so far as it applied to the different regulations, as to the space required for passengers, and the quantity of provisions and of water, which would be settled according to the length of the voyage.

The same regulations would not, of course, apply to different climates, and to voyages of different lengths.  Thus a larger space for each passenger, and more water would be required when the vessel was on a long voyage, and entering a tropical climate, than for a shorter passage in a more temperate climate.

As the present Passengers' Act applied only to emigration from the United Kingdom, and as there had been a bill passed embodying many of the provisions for short passages in the West Indies, he intended to incorporate the two acts into one, and to make them apply, not only to passengers leaving the United Kingdom, but also to inter-colonial passengers, and to short voyages...




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