each statute adult with pure water and wholesome provisions, in quantities not less in amount than those which must be issued to passengers proceeding from the United Kingdom (†).

SOLELY
RELATING TO

AND EMIGRANT

With the exception of the three last-mentioned sections of PROVISIONS the Passengers Act, 1855, and the provisions of that act relating to colonial voyages (u), all the provisions contained in such of EMIGRATION the sections of that act as have been already referred to extend PASSENGER to "emigrant passenger ships" as well as to the other ships to SHIPS. which they are respectively applicable, but those provisions of the act which we must now notice have reference exclusively to emigration and “emigrant passenger ships" (r).

runners.

The following statutory regulations with respect to emigrant Emigrant runners (w) are contained in the Passengers Act, 1855. By sect. 75, no person may act as emigrant runner without being licensed and registered, and every runner must, while acting, wear a badge. The magistrates of any district may (by sect. 76) license persons recommended in writing by an emigration officer, or by the chief constable or head officer of police, to acts as runners. These licences are registered by the nearest emigration officer, and must (by sect. 77) be renewed annually (). Every runner must (by sect. 78) produce his badge for inspection on demand; and he must if he changes his place of abode give notice to the emigration officer of the place where he is licensed (y); and it is provided by sect. 80, that no runner shall be entitled to recover from any passage broker any fee, commission, or reward for services connected with emigration, unless he acted under the written authority of the passage

(t) See infra, pp. 733-735. (u) See supra, p. 714.

(v) See supra, pp. 712, 713, as to what ships are emigrant passenger ships, that is to say, "passenger ships" within the meaning of those words as used in the act.

(w) See the Passengers Act, 1855, s. 3, as to the meaning of "emigrant runner" when used in the act.

(x) By sect. 81 lists of the runners and of the persons authorized to act as agents of passage brokers, must be exhibited in the offices of the brokers, and sent to the emigration officers. These provisions, and those of the earlier acts in this respect, were intended to check the gross abuses of the system of "emigrant runners," who interposed between the emigrants and the passage

brokers (often without authority), and
extorted from the brokers a large per
centage on the passage money, which
became indirectly a charge on the emi-
grants by raising the rate of the passage
money. In Liverpool this per centage
has amounted to 7 per cent. See the
Report of the Committee of the House
of Commons on the Passengers Acts,
Aug. 2nd, 1851.

(y) The statute imposes penalties on
any persons who mutilate or deface
their badges, or wear them when un-
licensed, or wear any badge not be-
longing to them, or permit others to do
8o. New badges may be issued by the
emigration officers if they are satisfied
that the old ones are lost, or they are
delivered up in a mutilated or defaced
state. See ss. 78 and 79.

broker; nor may he take or demand from any person about to emigrate any fee or reward for procuring the passage or in any way relating thereto.

Bye-laws as This act also enables the trustees of docks from which to landing and embarkation emigrant passenger ships are despatched to make bye-laws, of emigrants. subject to the approval of the Secretary of State, for the regulation of the landing and embarkation of emigrants, and for licensing porters to attend upon them, and for storing their luggage, and admitting persons to or excluding them from the docks (z).

Provisions relating to emigrant passenger ships before clearance.

Number of passengers in emigrant passenger ships.

The following are the rules laid down by the Passengers Act, 1855, as modified by the Passengers Act, 1863, for determining the number of passengers that may be carried in any "emigrant passenger ship" (a).

By sect. 14 of the Passengers Act, 1855, no "emigrant passenger ship" may carry under the poop, or in the round-house, or deck-house, or on the upper passenger deck (b), a greater number of passengers than in the proportion of one statute adult to every fifteen clear superficial feet of deck allotted to their use. No ship may carry on her lower passenger deck (c) a greater number of passengers than in the proportion of one statute adult to every eighteen clear superficial feet of deck allotted to their use and if the height between the lower passenger deck and the deck immediately above it is less than seven feet, or if the apertures (exclusive of side scuttles) through which light and air are admitted together to the lower passenger deck are less in size than in the proportion of three square feet to every one hundred superficial feet of the lower passenger deck, no greater number of passengers may be carried on this

(2) Sect. 82. By s. 83, penalties are imposed upon persons falsifying or forging documents, or assuming to act as agents of the emigration commissioners, or personating persons named in any of the emigration documents. See the M. S. Act, 1872, s. 5.

(a) See supra, pp. 712, 713.

(b) This term means "the deck immediately beneath the upper deck, or the poop, or round-house, and deckhouse when the number of passengers and cabin passengers carried in the poop, round-house, or deck-house exceeds one-third of the total number of passengers which such ship can law

fully carry on the deck next below." See sect. 3 of the Passengers Act, 1855. As to a general provision that no ship is to carry passengers on more than two decks, see the Passengers Act, 1855, s. 13, and supra, p. 703, and p. 703, note (o). The 18th section of the Passengers Act, 1855, and the 7th section of the Passengers Act, 1863, impose penalties upon persons fraudulently attempting to obtain passages.

(e) This term is defined by s. 3 of the Passengers Act, 1855, to mean the deck next beneath the upper passenger deck, not being an orlop deck.

deck than in the proportion of one statute adult to every twentyfive clear superficial feet of it. No ship, whatever be her tonnage or superficial space of passengers' decks, may carry a greater number of passengers on the whole than in the proportion of one statute adult to every five superficial feet, clear for exercise, on the upper deck or poop, or (if secured and fitted on the top with a railing or guard to the satisfaction of the emigration officer at the port of clearance) on any round-house or deck-house (d).

By sect. 19 of the Passengers Act, 1855, as amended by sects. 5 and 13 of the Merchant Shipping Act, 1872, it is provided that, no "emigrant passenger ship" shall clear out or proceed to sea until she has been surveyed under the direction of the emigration officer at the port of clearance by the surveyors of the Board of Trade (e), but at the owners or charterers' expense, and has been reported to be seaworthy and fit in all respects for the intended voyage (ƒ). It is, however, now provided, that

(d) It was also provided by this section that no emigrant passenger ship propelled by sails should carry more persons (including every individual on board) than in the proportion of one statute adult to every two tons of her registered tonnage; but this rule was repealed by s. 5 of the Passengers Act, 1863, except so far as relates to penalties incurred or legal proceedings taken under it.

The section further provides that in measuring the passenger decks, roundhouse or deck-house, the space for the hospital and that occupied by the personal luggage of the passengers is to be included. The provisions of the section are made applicable, by s. 101 of the Passengers Act, 1855, to ships bringing passengers into the United Kingdom from places out of Europe. By this section a penalty not exceeding 10., nor less than 57., in respect of every person or statute adult constituting the excess, is imposed upon the master of any ship bringing from a place out of Europe into the United Kingdom a greater number of passengers or persons than is allowed by the unrepealed portions of the Passengers Act, 1855, s. 14. A power is given to the Queen by Order in Council to reduce the number of passengers allowed to be carried under these sections. See the Passengers Act, 1855, 8. 59, and infra, p. 732. These pro

M.P.

visions with reference to the space to
be allotted to passengers may, in the
case of ships carrying natives of Asia
and Africa from an English colony,
and intended to pass within the tropics,
be modified by proclamation of the
colonial government. See the 16 & 17
Vict. c. 84, the operation of which is
saved by the Passengers Act, 1855,
s. 15. See also the 24 & 25 Vict. c. 52,
s. 1, and ante, p. 714; the 18 & 19
Vict. c. 104, "An Act for the Regu-
lation of Chinese Passenger Ships,'
which last act regulates the conveyance
of emigrants from ports in the Chinese
seas, and the 35 & 36 Vict. c. 19, and
38 & 39 Vict. c. 51, as to the car-
riage by sea of natives of the Islands
of the Pacific Ocean.

(e) See the M. S. Act, 1873, s. 13.
(f) If required, the person appointed
to make the survey must be accom-
panied on the survey by a person
appointed by the owner. See the
M. S. Act, 1876, s. 14, and ante,
p. 707.
The survey is to be made
before the cargo is put on board.
The owner or charterer, if dissatisfied
with the report of the surveyors, may
require the emigration officer or chief
officer of customs to appoint three other
surveyors to survey the ship again at
his expense. If they report unani-
mously that the ship is seaworthy and
fit for the voyage she is to be deemed
to be so for the purposes of the Passen-

ЗА

Survey and such ships. inspection of

General

power of Board of Trade.

Requirements

on survey.

Construction of decks and

space to be allowed.

where a passenger certificate has been granted to a steamer under the 4th Part of the Merchant Shipping Act, 1854, and remains in force, a survey of her hull and machinery under the Passengers Act, 1855, is unnecessary (g). Where, also, a foreign ship is an emigrant passenger steamer, and the Board of Trade are satisfied that the ship has been officially surveyed at a foreign port, and that the requirements of the Passengers Acts are proved by a foreign certificate of survey to have been substantially complied with, any further survey may be dispensed with (h).

By the Merchant Shipping Act, 1876, s. 20, power is given to the Board of Trade, if satisfied that the food, space, accommodation, or any other particular or thing provided in an emigrant passenger ship for any class of passengers, is superior to what is required by the Passengers Act, 1855, and the acts amending the same, to exempt such ship from any of the requirements of those acts with respect to these matters in such manner and upon such conditions as they may think fit.

By sects. 20 to 23 of the Passengers Act, 1855, the decks in every "emigrant passenger ship" must be strongly and firmly constructed, in a manner pointed out in the act, and to the satisfaction of the emigration officer at the port of clearance, and there must be a height of six feet between them. The berths must be of specified dimensions, securely constructed, and not overcrowded; the single men must be berthed in a separate compartment of the ship or in separate rooms; no more than one person (unless in the case of married persons, or women and children under twelve) may be placed in the same berth; and no berths which have been occupied may be taken down within forty-eight hours after the arrival of the ship at her port

gers Act, 1855. See also s. 11 of the
Passengers Act, 1855, and infra, p. 731,
as to the certificate of clearance for
the ship and the appeal to a Court of
Survey in certain cases where it is re-
fused. If any passenger ship touches
at a port in the United Kingdom after
having sustained any damage, she must
be effectually repaired, and a certificate
of seaworthiness and fitness must be
obtained before she can sail again. See
s. 50. As to the fees chargeable by
the surveyors, which are to be paid to

a mercantile marine superintendent, and to be carried to the Consolidated Fund, see the M. S. Act, 1872, s. 15, and the M. S. Act, 1873, s. 30, and Sched. III.; the M. S. Act, 1876, s. 39, and Appendix, "Forms," No. 55. The power to detain unsafe ships, which applies to all British ships and certain foreign ships, has already been noticed, ante, pp. 30-37.

(g) See the M. S. Act, 1876, s. 18; and ante, p. 709.

(h) The M. S. Act, 1876, s. 19.

of final discharge, unless all the passengers have voluntarily quitted the ship before that time (i).

By sects. 24 and 25 of this act, in all "emigrant passenger Hospital, &c. ships" a sufficient space must be set apart for a hospital (k);

and privies, varying in number with the number of the passengers, must be fitted up on each side of the ship.

By sect. 26, no "emigrant passenger ship" can clear out or Supply of proceed to sea without such provision for affording light and air light and air. to the passenger decks as the emigration officer may require. If there are a hundred passengers on board, a proper ventilating apparatus must be carried. The passengers must be allowed to have the free and unimpeded use of the hatchways situated over their portion of the ship, and over each hatchway a booby hatch must be erected, or such other covering as may, in the opinion of the emigration officer, afford the greatest amount of light, air, and protection from wet.

as to boats,

The following are the regulations of the Passengers Act, 1855, Regulations as to the carrying by emigrant passenger ships of boats, life- life-buoys, buoys, anchors and fire engines (7) :—

By sect. 27, every "emigrant passenger ship" must carry throughout the voyage boats according to the following scale :

Two boats for every ship of less than 200 tons;

Three boats for every ship of 200 and less than 400 tons;
Four boats for every ship of 400 and less than 600 tons;
Five boats for every ship of 600 and less than 1,000 tons;
Six boats for every ship of 1,000 and less than 1,500 tons;
Seven boats for every ship of 1,500 tons and upwards. No
emigrant passenger ship," however, is required to carry
a greater number of boats than are sufficient, in the judg-
ment of the emigration officer at the port of clearance, to
carry all the persons on board of the ship (m).

(i) No part of any berth may be placed within nine inches of any watercloset erected in the between-decks; see s. 21 of the Passengers Act, 1855.

(A) This space must be under the poop, or in the round-house, or a deckhouse, or on the upper passenger deck. It must also be supplied with proper beds, bedding, and utensils; see s. 24. Where as many as fifty female passengers are carried there must be two

water-closets under the poop, or on the
upper deck; see s. 25.

(1) See ante, pp. 699, 700, as to the requirements of the M. S. Act, 1854, on this subject.

(m) The boat scale sanctioned by the Board of Trade will be found in the Appendix "Forms," No. 33, p. ccccxxviii, and see also the M. S. Act, 1876, s. 20 (supra, p. 722).

&c.