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 10l. 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 1s. 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.
10 & 11 Vict. c. 103, and 11 Vict. c. 6; July 1847 and 1848.
28 March, 1848.
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
than one passenger for every twenty-five tons of registered
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
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.
