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PROPOSED NORTH-AMBRICAN PASSENGER'S BILL. A Bill to make further Provision for the Carriage of Passengers by Sea to North
America.-(Proposed and brought in by Mr. Labouchere and the Chancellor of the Exchequer.) [Note.—The words printed in Italics are proposed to be inserted in Committee.] WHEREAS it is expedient to make further provision respecting the carriage of passengers by sea to certain parts of North America and the islands adjacent thereto, and for that purpose to alter certain provisions of an act passed in the session of parliament held in the fifth and sixth years of the reign of har present Majesty, intituled, An Act for Regulating the carriage of Passengers in Merchant Vessels, and of an act passed in the session of parliament held in the tenth and eleventh years of the reign of her present Majesty, intituled, An Act to Amend the Passengers' Act, and to make further Provision for the Carriage of Passengers by sea :
1. Number of Passengers according to space and tonnage. 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 no ship carrying passengers on any voyage from any port or place in the United Kingdom, or in the islands of Guernsey, Jersey, Alderney, Sark, or Man, to any port or place on the eastern coast of North America, or in the islands adjacent thereto, or in the Gulf of Mexico, shall proceed on such voyage with, or shall carry more passengers on board than in the following proportion to the space occupied by them and appropriated to their use, and unoccupied by stores not being the personal luggage of the passengers that is to say, on the between decks. One passenger for every fourteen clear superficial feet, and that it any ship carrying passengers upon any such voyage as aforesaid shall carry any person or passenger beyond such proportions, or any of them, the master of the ship shall, for and in respect of every person or passenger constituting such excess, be liable to the payment of à penalty not exceeding five pounds sterling, cabin passengers in poop excepted.
2. How children are to be computed. Provided always, and be it enacted, that for the purposes of this act, two children, each being under the age of five years, shall be computed as one person or passenger, anything in the hereinbefore recited acts to the contrary notwithstanding:
3. Rules to be observed on board. And be it enacted, that it shall be lawful for her Majesty by any order or orders to be by her made, with the advice of her Privy Council, to prescribe any such rules and regulations as to her Majesty may seem fit for preserving order, and for securing cleanliness and ventilation on board of such ships.
4. Provisions and water. And be it enacted, that on board every ship there shall be issued to the passengers, daily, throughout the whole voyage, including the time of detention, if any, at any port or place before the end of such voyage, a supply of water, at the rate of at least three quarts for each passenger per day, and that there shall also be issued, daily at convenient times a supply of provisions after the following rate per day; that is to say-Daily, half NO. 4.--VOL. XVII.
pound biscuit, half pound meal or flour, quarter pint pease, quarter ounce tea, one ounce sugar; and, further, that no ship proceeding on any such voyage as aforesaid shall be cleared out until there shall be laden on board, at the expense of the owner or charterer thereof, 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 of eight weeks.
5. Relating to Food and Water. And be it enacted, that all the penal and other provisions of the said recited acts which relate to the issuing of food or water to the passengers, or to the lading and having on board such food and water, or to the inspec. tion and approval of the same by the officers therein mentioned, shall apply to the food and water hereinbefore required to be laden on board and issued to the passengers.
6. A Surgeon to be taken.—Notice to be given of Sailing. And be it enacted, that every ship carrying as many as one hundred passengers on such voyage as aforesaid, shall have on board a surgeon of emigrants, approved by writing under the hands of two of her Majesty's Colonial Land and Emigration Commissioners acting under the authority of one of her Majesty's principal Secretaries of State ; and that the owner or charterer of cvery such ship shall give to the said Commissioners or their officer at least eight clear days' previous notice, or if the ship shall be about to proceed from any, port or place in. Ireland at least fourteen clear days previous notice of her intended departure.
And be it enacted, that no such ship shall be allowed to clear out or proceed on such voyage unless there shall be on board a duly appointed surgeon of emigrants.
8. Remuneration of Surgeon. And be it enacted, that while such surgeon of emigrants shall remain on board the ship to which he shall be appointed as aforesaid, he shall receive, at the expense of the owner or charterer thereof, such accommodation and messing as shall be approved by the emigration officer at the port of clear. ance, or his assistant, or when there is no such officer, or in his absence, by the officer of customs for whom a clearance shall be demanded, and the said surgeon, on producing such certificate of the performance of his duties as may be required by such order in council as aforesaid, shall also receive from the master of the ship the sum of one shilling for every passenger landed alive therefrom.
And be it enacted, that it shall be lawful for the said surgeon to punish any passenger who shall fail to obey any rules or regulations made by or under authority of any such order in council as aforesaid, by depriving him of any part not exceeding one half of the daily rations to which he may be entitled; and it shall be lawful for the master of the ship, if he shall think fit, on the requisition of the said surgeon, to confine any such passenger in irons for any period not exceeding hours for any one offence, and the said master shall otherwise aid and assist the said surgeon, in the enforcement of all such rules or regulations as aforesaid; and in case he shall neglect or refuse so to do he shall be liable to a penalty not exceeding two pounds sterling for each offence.
10. Penalties. And be it enacted, that any person on board of such ship who shall neglect or refuse to obey any rule or regulation made by or under authority of such order in council, as aforesaid, or any direction issued or given by the said surgeon, within the limits of his lawful authority, shall be liable to the payment of a penalty not exceeding two pounds sterling; and any such person who shall obstruct or resist the said surgeon in the execution of his lawful authority shall be liable to the payment of a penalty not exceeding five pounds sterling; and if the master of such ship shall deprive the said surgeon wholly or in part of the benefit of such accommodation and messing as aforesaid, he shall be liable to the payment of a penalty not exceeding twenty pounds sterling; and the convicting justices shall apply the whole or such part of the last mentioned penalty as to them shall seem fit, to compensate the said surgeon for any such deprivation : Provided always, that it shall be lawful for the justices of the peace in any part of her Majesty's dominions, before whom any person shall be convicted of obstructing or resisting such surgeon as aforesaid in the execution of his duty, to order such person, in addition to the penalty hereinbefore mentioned, to be confined to the common gaol for any period not exceeding three calender months.
11. Abstract of acts to be posted up in each ship. And be it enacted, that the said Colonial Land and Emigration Commissioners shall from time to time prepare such abstract as they may think proper of the whole or part of this and of the said recited acts, and of any order in council to be made as aforesaid; and that six copies of the said abstract, together with two copies of this and of the said recited acts, shall, on demand, be delivered by the collector or comptroller of the customs of the port of clearance to the master of every ship carrying passengers on such voyage aforesaid; and that such master shall, so long as any passenger be entitled to remain in the ship, keep posted in at least two conspicuous places between the decks of the said ship, copies of such abstract, and shall be liable to a penalty not exceeding forty shillings sterling for every day during any part of which by his act or default such abstract shall fail to be so posted ; and that any person displacing or defacing such abstract so posted shall be liable to a penalty not exceeding forty shillings sterling.
12. How Penalties to be recovered. And be it enacted, that all penalties imposed by this act shall be sued for and recovered by such persons only, and in such manner, as in the said first recited act is provided in the case of the penalties thereby imposed.
14, Bond. And be it enacted, that the bond required by the said hereinbefore firstlyrecited act to be given in certain cases to her Majesty in respect of ships carrying more than fifty passengers shall include and be a security not only for the matters and payments in the said act mentioned, but also for the faithful observance of the provisions as well of the said hereinbefore secondlyrecited act as of this act, and of any rules and regulations to be prescribed by any such order in council as aforesaid, and further for the due payment by the master of any such vessel of all penalties which he may be adjudged to pay under or by virtue of the said hereinbefore secondly-recited act or of this act.
14. Interpretation of Act. And be it enacted, tbat in the interpretation of this act, the term passenger shall be held not to include the class of passengers commonly known by the name of Cabin Passengers, and the term Ship shall include every description of sea-going vessel, whether British or foreign, and the term Master shall include any person being in command of such vessel for the time being; and that unless there be something in the subject-matter or context, repug
nant to such construction, every word importing the singular number or the masculine gender only shall be construed to include several persons, matters, or things, as well as one person, matter, or thing, and females as well as males respectively. 15. Exemption of Ships carrying fewer than one passenger
to twenty-five tons. Provided always, and be it enacted, that nothing in this act contained shall apply to any ship in which the number of passengers shall not bear a greater proportion than that of one passenger to every thirty feet; provided also, that if in any action, prosecution, or other legal proceeding under this act, any question shall arise whether any ship carrying passengers on any such voyage as aforesaid, did or did not carry a greater number of passengers than aforesaid in proportion to the space required, the burden of proving that the number of passegers so carried in proportion, shall lie upon the person against whom any such action, prosecution, or other legal proceeding may be brought, and failing such proof it shall, for any such purpose as aforesaid, be taken and adjudged that the number of passengers so carried did exceed that proportion.
And be it enacted, that in all proceedings it shall be sufficient to cite this act by the title of the North American Passengers' Act.
And be it enacted, that this act may be amended or repealed by any act to be passed during the present session of parliament.
GREAT EARTHQUAKE IN JAVA. In the Courant of the 27th of October, it was mentioned that a shower of ashes had fallen at Buitenzorg, on the night of the 17th, which it was supposed had proceeded from the crater of the Gede. It now appears that it was not the Gede, but the Guntur mountain, in the Regency of Limbangan, residency of Preangar, which was working. On Sunday the 17th of October, at 11 P.M., three earthquake shocks, following each other in quick succession, were felt at l'ijundjur, the first of which was very strong, and lasted for fully ten seconds. The shower of ashes began to fall the same night, and on the following morning had already clothed the earth, grass, trees, and buildings with a brown covering. The fall of ashes and sand lasted the whole day, and made it very inconvenient to be in the open air. Persons who were travelling experienced from it a very disagreeable attack in their eyes.
The earthquakes had not wholly stopped at Tijundjur on the 29th of October. The mountain had, however, fortunately begun to be at rest, and no damage had been caused by the eruption. The shower of ashes had reached as far as the frontiers of the residency of Bantam, a distance of more than eighty miles to the westward of the place of the eruption.
On the 3rd of November, a guard-house at Samarang was struck by lightning by which three natives in it were killed, and other two severely
Great Earthquake of the 16th of November. On the forenoon of the 16th of November, two very heavy shocks of earthquake took place at Batavia, the one about 10h. 15m. and the other about 10h. 30m. It is stated that, with the exception of that of October, 1834, this is the heaviest earthquake that has been felt at Batavia during the last thirty years. But notwithstanding, no great damage has been caused by it ; in some government buildings, the old cracks caused in 1834, have re-appeared, while the walls of different private buildings have also been split.
The spire on the council house at Batavia appears to have suffered from the shock, as it now inclines to one side, while the figure placed on the iron cross of the side building is totally bent down, and the cross itself inclines to the left. Some think that they observed three shocks, but one of them must have been very slight, as generally only two shocks were felt.
We can only give the following, amongst the reports received, which has been communicated to us by the Rear Admiral Van den Bosch :
“During the earthquake which took place on the forenoon of the 16th, the Rear Admiral was just standing at the time ball, where the following observations were taken on the astronomical clocks.
“The first shock took place at 10h. 18m., being a shivering, up and down which lasted about eight seconds, and in consequence of which the clock of Hahvie, No. 12, which stood on a pedestal, fixed in the ground, sprung forward twenty-five seconds, while the clock of Knebel, No. 60, having gradually decreased in its motion, stopped in three minutes afterwards.
“At 10h. 25m. the second shock took place, in the direction of east towards the west, heavier than the first. It had no influence on the clock of Hahvie, which stands east and west, while the clock of Knebel, which had previously been again set going, did not stop.
“Nothing remarkable was observed, in the state or movements of the river.
“On the Island Onrust, the two shocks were observed at 10h. 16m., and at 10h. 22m. continuing for about four seconds. The second was also considerably heavier there. Their direction was about E.S.E,, and W.N.W. The barometer shewed 761.4 lines, the thermometer 26.5 degrees Celsius. It blew a gentle breeze from the S.W. It is remarkable, that although the second shock took place at the same moment at Onrust and at the time ball, the first shock was felt two minutes earlier at Onrust.
· Private reports from Buitenzorg mention that the earthquake took place there about 10h. 30m., and that three heavy shocks were felt following each other at intervals of three minutes and ten minutes, without causing any other camage than that some pillars were cracked.
" At Legok Njepang, on the south side of Gunong Gede, the earthquake was very heavy ; in the morning three severe shocks were felt there, and during the whole day lighter shocks, principally in the evening about 6 o'clock."
In the Preanger Regencies, and principally in the residency of Cheribon, the shocks of earthquake were very severe, and lasted for a long time, and much damage was done.
In the most eastern part of the Preanger Regencies, and principally in the residency of Cheribon, the shocks were very heavy. In the latter residency they occasioned great damage. They were also felt in the residencies of Banjumas, Kadu, Samarang and Rembang. In the residency of Tagal also some, though not severe, damage was done.
In Cheribon the earthquake was first felt about fifteen minutes to 11 o'clock; the first shock was very heavy, and was speedily followed by a lighter one. At five minutes after 11 o'clock there was so heavy a shock, that very few buildings were able to withstand its force. From this until midnight other thirteen shocks were experienced, three of which were very heavy; the first lasted about thirty seconds, and the third exactly sixty-one seconds. The plain before the residency office was filled, in the twinkling of an eye, with all the inhabitants of the neighbouring houses, and soon experienced