The Act passed during the last session of Parliament, intituled " An Act for regulating the carriage of Passengers in Merchant Vessels," contains the following provisions :

Clause 1 repeals the Act 5th and 6th Victoria, " An Act for regulating the carriage of Passengers in Merchant Vessels ; the 8th Victoria, "An Act to exempt ships carrying Passengers to North America from the obligation of having on board a Physician, Surgeon, or Apothecary ; the 10th and 11th Victoria, " An Act to amend the Passengers' Act, and to make further provisions for the carriage of Passengers by Sea ;" and the 11th Victoria. " An Act to make further Provisions for one Year, and to the end of the next Session of Parliament, for the carriage of Passengers by Sea to North America;" providing that all the acts and provisions by the several recited Acts, shall remain repealed.

Clause 2 enacts, That it shall be sufficient to cite the Act in legal and legislative proceedings, as " The Passengers' Act, 1849."

Clause 3. That the term United Kingdom shall signify Great Britain and Ireland, and the islands of Guernsey, Jersey, Alderney, Sark, Scilly, and Mann ; the term North America to signify and include the Bermudas, and all ports and places on the eastern continent of North America, or in the islands adjacent, or in the Gulf of Mexico ; the term West Indies to signify the West India, Islands, the Bahamas, British Guiana, and Honduras ; and other terms commonly known in similar Acts to be interpreted according to the ordinary acceptation.

Clause 4. That the Act shall extend to all vessels proceeding on any voyage from the United Kingdom to any place out of Europe, and not being in the Mediterranean Sea, and in every colonial voyage, except ships of war or steam vessels carrying the Royal mails.

Clause 5. That the Colonial Land and Emigration Commissioners shall have power to carry certain provisions of the Act into execution.

Clause 6. That the said Commissioners may appoint and remove emigration agents in the United Kingdom and in the colonies.

Clause 7. That in the absence of any such agent, all powers, functions, and duties, to be exercised by him, shall be exercised by his assistant, or where there is no officer of assistant, by the Chief Officer of the Customs.

Clause 8. That the master of every ship under this Act shall afford to every such agent, or to her Majesty's Consul at foreign ports, every facility for inspecting such ship, and for communicating with the passengers, and seeing that the provisions of the Act relative to provisions, &c., have been complied with.

Clause 9. That no passenger ship shall clear out without a certificate from the Emigration Officer at the port of clearance, that the requirements of the Act have been duly complied with.

Clause 10. That no ship shall proceed on a voyage under this Act with a greater number of persons on board than one person to every two tons of registered tonnage, nor with a larger number to persons on board, exclusive of bona fide cabin passengers, than shall have alloted to each of such persons twelve clear superficial feet, or if the ship be destined to pass within the tropics, fifteen clear superficial feet, and in breach of these provisions the master of the ship to be subject to a penalty not exceeding �5, nor less than �2, for every passenger over and above the proper number.

Clause 11. That two children under the age of fourteen shall be computed as one person, except in cases as hereinafter described, but that children under one year old shall not be included in such computation.

Clause 12. That two lists signed by the master, before clearance. shall be delivered to the Customs' Office, who shall countersign one, and return it to the master, who shall exhibit the same with all additions to it to the Chief Officer of Customs, or her Majesty's Consul at any Foreign port, and deposit the same with such officers of the final port of discharge.

Clause 13. That after such lists are in the first instance signed, every additional passenger taken on board, at any place, shall be similarly entered.

Clause 14. That all ships recognized under the Act shall be surveyed by a Surveyor, appointed by the Emigration Office before she is allowed to clear out.

Clause 15. That the deck of every ship on which passengers are carried shall be one and a-half inches thick, supported by beams of adequate strength ; and that the height between decks shall be at least six feet, and not more than two tiers of berths in any such deck ; and that persons of different sexes above the age of fourteen (unless husband and wife), shall not be placed in the same berth ; and that no berths occupied by passengers shall be taken down until forty-eight hours after the arrival of such ship at the port of final discharge.

Clause 16. Ensures a supply of light and air, by free access through both hatchways. or by such other provision as the Emigration Officer may direct, under a penalty of not less than �20 nor more than �50 ; and every passenger ship carrying as. many as 100, shall have an adequate and proper ventilating apparatus, approved by the Emigration Officer.

Clause 17. That every passenger ship shall carry:

in case the passengers exceed 200, one of such boats to be a long bout, and another a properly fitted life-boat ; and also two regularly fitted life-boats.

Clause 18. That the ship shall not be cleared without a proper complement of seamen.

Clause 19. That no passenger ship shall clear out if there shall be on board as cargo, any gunpowder, vitriol, guano, green hides, or any other article likely to endanger the safety of the ship, or the health or lives of the passengers.

Clause 20. That the time deemed necessary under the Act for passages shall be:

To North America, except the west coast thereof ten weeks.

To the West Indies, ten weeks.

To any part of the east coast of the continent of Central or South America northward of the twenty-fifth degree of south latitude. except British Guiana, twelve weeks.

To the west coast of Africa, twelve weeks.

To the Cape of Good Hope, or the Falkland Islands, or to any part of the east coast of South America, southward of the twenty-fifth degree of south latitude, fifteen weeks.

To the Mauritius, and to the western coast of America, south of the Equator, eighteen weeks.

To Ceylon, twenty weeks.

To Western Australia, twenty weeks.

To any other of the Australian Colonies, twenty-two weeks.

To New Zealand and to the western coast of America, north of the Equator, twenty-four weeks.

Clause 21. That all ships shall be supplied with the provisions, &c., described under the Act, under a penalty of not less than �50 nor more than �100.

Clause 22. That water shall be carried in tanks and casks, approved of by the emigration officers.

Clause 23. That before any ship is cleared out, her provisions and water shall be surveyed by the emigration officers.

Clause 24. That in addition to and irrespective of any provisions of their own which any passenger may have on board, the master of every " Passenger Ship" shall make to each passenger during the voyage, including the time of detention, if any, at any port or place before the termination of such voyage, the following issues of pure water and sweet and wholesome provisions :

provided that such issues of provisions shall be made in advance, and not less often than twice a week. the first of such issues to be made on the day of embarkation ; also,

that potatoes, when good and sound, may be substituted for either oatmeal or rice, in the proportion of five pounds of potatoes to one pound of oatmeal or rice;

and that in ships clearing out from the port of Liverpool, or from Irish or Scotch ports, oatmeal may be substituted in equal quantities for the whole or any part of the issues of rice.

Clause 25 Empowers the substitution of articles of food.

Clause 26. That no ship carrying 100 passengers shall clear out without a person rated in the ships articles as passengers' cook, and a proper cooking apparatus on board.

Clause 27. That no passenger ship carrying fifty passengers on any voyage computed to exceed twelve months, shall clear without having a physician, surgeon, or apothecary on board. except to North America.

Clause 28. That every passenger ship shall be provided with a proper medicine chest.

Clause 29. That such medicine chest shall be inspected by a medical practitioner, and also the passengers.

Clause 30. That any person affected by any infectious disease may be landed with his family by the emigration officer.

Clause 31. That the person so relanded may recover by summary process the moneys paid for his passage, &c.

Clause 32. Provides compensation for any party who is deprived of his passage by the premature departure of the ship, or for having too many passengers on board.

Clause 33. That passengers shall be paid for detention subsistence money at the rate of Is. per day.

Clause 34. That in case of shipwreck or prevention from landing her passengers at the port of destination, such passengers being detained at some other port, they shall, within a reasonable period, not exceeding six weeks, find such passengers an equally eligible passage.

Clause 35. That no passenger shall be landed other than at his own desire, except at the port of destination.

Clause 36. That passengers shall be lodged and maintained on board the ship forty-eight hours after her arrival at the port of destination.

Clause 37. That no right of suit or contract between owners, &c., and brokers, shall be effected by the Act.

Clause 38. That any ship detained after clearance seven days, or touching at any port in the United Kingdom seven days after clearance, shall, before proceeding on her voyage, make up her supplies equivalent to the scale required by the Act.

Clause 39. That her Majesty, her heirs, and successors, may, by order in Council, prescribe regulations for securing, cleanliness and ventilation.

Clause 40. That it shall be lawful for the medical practitioner, assisted by the master, to enforce such rules and regulations.

Clause 41. That copies and abstracts of the Act shall be furnished to the masters of passengers ships.

Clause 42. That no spirits or strong waters shall be sold to any passengers under a penalty of not less than �5, nor more than �20.

Clause 43. That the owner or charterers, with the master, shall jointly and severally enter into a bond for the fulfilment of the provisions of the Act.

Clause 44. That no person shall carry on the business of a passage broker, in real respect of passages to North America, without entering into a bond, with two good and sufficient sureties, in the amount of �200.

Clauses 45, 46, and 47. (Technical Clauses relating solely to North America).

Clause 48. The destroyal or fraudulent alteration of any contract for a passage, punishable by a penalty of not less than �2, or more than �5.

Clause, 49. (Confined to North America.)

Clause 50. That in all cases where the aforesaid provisions may not be carried out throughout the voyage the master of every such ship shall be liable, for any such offence, to a penalty of not less than �5, nor more than �50.

Clause 51. That if any person shall wilfully make any false representation in any form or certificate, or forge or fraudulently alter any signature or statement in any such form or certificate, he shall be liable to a penalty of not less than �5 nor more than �50.

Clause 52. That penalties may be recovered in the United Kingdom by any Emigration officer, or assistant, or officer of Customs, or in any of Her Majesty's possessions abroad, by any Government emigration agent, or officer of Customs, before any two of Her Majesty's Justices of the Peace.

Clause 53. Penalties to go to Her Majesty, &c. and be paid in the colonies to the Colonial Treasurer, to form part of the general revenue in the United Kingdom, to the Colonial Land Emigration Commissioners.

Clause 54. That the proof of any ship being exempt from the provisions of this Act shall be on the person claiming exemption.

Clause 55. That viva voce evidence may be given of any person being an Emigration officer, or assistant, or officer of the Customs.

Clause 66. That a passenger suing for the recovery of passage or sustenance money shall be deemed a competent witness.

Clause 57. That a tender of sufficient amends shall estop any action for anything done in pursuance of this Act.

Clause 58. That no action for things done in pursuance of this Act shall be commenced until ten days' notice has been given thereof in writing to the defendant, nor after three months next after the act committed, for which such action or suit shall be so brought, and every action shall be tried at the place where the cause of action may have arisen ; and the defendant in such suit may plead the general issue, and in obtaining a verdict or nonsuiting the plaintiff shall by entitled to costs.

Clause 59. That Sheriff's steward, Sheriffs substitute, or steward substitute of a county, shall have like power with any Justice or two Justices of the Peace under the Act.

Clause 60. That the term colonial voyage shall mean any voyage from any of Her Majesty's possessions, except the territory under the Government of the East India Company.

Clause 61. That except as hereinafter provided the provisions of the Act shall apply to all ships carrying passengers on colonial voyages - provided always that as to such ships the previsions of the Act shall not apply so far as they relate exclusively to passages from the United Kingdom to North America, and so far as they relate to the following matters :-

The giving of a bond to Her Majesty.

The keeping on board copies of the Act, and abstracts of any Order in Council.

The return of passage money and compensation in case the party cannot he forwarded by the appointed ship, or in case of wreck.

The payment of subsistence money in case of detention

Provided also, that as to ships carrying passengers on any " Colonial Voyage." whereof the duration, computed in the manner hereinafter mentioned, shall be less l than three weeks, in addition to the matters lastly hereinbefore excepted, the provisions of this Act shall not extend or apply so far as they relate to the following subjects (namely):

Clause 62. That the Governor of any colony may declare by proclamation the rule of computation by which the length of the voyage to any other place shall be computed, and to substitute such provisions as they may seem meet.

Clause 63. That Governors may authorise persons to examine and survey such ships and to authorise competent medical practitioners.

Clause 64. That nothing in the Act shall apply to the territories under the Government of the East India Company nor affect the power vested in the Governor-General of India, excepting as may be deemed expedient to the said Governor-General of India in Council.

SG & SGTL ; Vol 6 ; pages 311-2 ; 15 Dec 1849

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