The 9th Geo. IV., c. 21, commonly called the "American Passengers' Act,"
was repealed during the Session of 1835, by an Act then passed, the 5
and 6 Will. IV., c. 53. The intention of the new Act is, of course, to
secure, as effectually as possible, and more effectually than the
previous Act did, the health and comfort of emigrants on board of
passenger ships. By a clause of the Act, copies or abstracts are to be
kept on board ships for the perusal of passengers, who may thus have an
opportunity of judging whether the law has been complied with; but the
discovery of any infractions of the Statute may be made at a time when,
in the particular instance, it may be too late to remedy it, so far as
the comfort and even the health of the passengers are concerned. It is
to be hoped, therefore, that the humane intentions of the legislature
will not be frustrated by any negligence on the part of those
(especially of the officers of customs) whose business it is to see that
the regulations of the Act have been complied with before each emigrant
ship leaves port.
No passenger ship is to sail with more than three persons on board for
every five tons of registered burthen. Nor, whatever may be the tonnage,
is there to be a greater number of passengers on board than after the
rate of one person for every ten superficial feet of the lower deck or
platform unoccupied by goods or stores, not being the personal luggage
of the passengers.
Ships with more than one deck to have five feet and a half, at the
least, between decks; and where a ship has only one deck, a platform is
to be laid beneath the deck in such a manner as to afford a space of the
height of at least five feet and a half, and no such ship to have more
than two tiers of berths. Ships having two tiers of berths to have an
interval of at least six inches between the deck or platform, and the
floor of the lower tier throughout the whole extent.
Passenger ships are to be provisioned in the following proportion:--pure
water, to the amount of five gallons, to every week of the computed
voyage, for each passenger--the water to be carried in tanks or sweet
casks; seven pounds' weight of bread, biscuit, oatmeal, or bread stuffs,
to every week for each passenger; potatoes may be included to one-third
of the extent of supply, but seven pounds' weight of potatoes are to be
reckoned equal to one pound of bread or bread stuffs. The voyage to
North America is to be computed at ten weeks, by which each passenger
will be secured fifty gallons of water, and seventy pounds weight of
bread or bread stuffs for the voyage.
Where there are 100 passengers, a medical practitioner is to be carried;
if under 100, medicines of sufficient amount and kind are to be taken
out as part of the necessary supplies.
Passenger ships are not to be allowed to carry out ardent spirits as
merchandise beyond one-tenth of the quantity as would, but for this
restriction, be allowed by the officers of the customs upon the
victualling bill of such ship for the outward voyage only, according to
the number of passengers.
[An important restriction, which ought to be enforced to the letter of
the law. The strong temptation which the tedium of a voyage presents to
numbers pinned up in a small space to resort to drinking, has frequently
made sad havoc of the money, comfort, and health of emigrants, when,
especially, the ship steward has contrived to lay in a good stock of
strong waters.]
In the enumeration of passengers, _two_ children above seven, but under
fourteen, or _three_ under seven years of age, are to be reckoned as one
passenger. Infants under 12 months are not to be included in the
enumeration.
Passengers are entitled to be maintained on board for 48 hours after the
ship has arrived at her destination. [Emigrants whose means are limited
may thus avoid much inconvenience and expense, by planning and executing
with promptitude the route which they mean to take, instead of landing,
and loitering in the expensive houses of entertainment of a sea-port.]
Masters of ships are to enter into bonds of 1,000 pounds for the due
performance of the provisions of the Act. The penalty on any infraction
of the law is to be not less than 5 pounds, nor more than 20 pounds for
each offence.
[The government emigration agents at the various ports, or the officers
of customs, will doubtless give every facility to passengers who seek
their advice relative to any violation of the provisions of the Act, and
point out the proper course to be taken.]
If there be any doubt that a ship about to sail is not sea-worthy, the
collector and comptroller of the customs may cause the vessel to be
surveyed. Passengers detained beyond the time contracted for to sail,
are to be maintained at the expense of the master of the ship; or, if
they have contracted to victual themselves, they are to be paid 1
shilling each for each day of detention not caused by stress of weather
or other unavoidable cause.
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