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Part III.

This Act (The Passengers Act, 1855) came into operation on the 1st of October, 1855. It is to be carried into effect by the Board of Trade (a).

The definition of a passenger ship, is now declared to signify every description of sea-going vessel, whether British or foreign, carrying, upon any voyage to which the provisions of the amended Act extend, more than 50 passengers, or a greater number of passengers than in the proportion of one statute adult to every thirty-three tons of registered tonnage if propelled by sails, or than one statute adult to every 20 tons if propelled by steam (b).

The expression "Passengers "in it is declared by sect. 3 of 18 & 19 Vict. c. 119, to include all passengers except cabin passengers (c), and except labourers under indenture to the Hudson's Bay Company, and their families, conveyed in ships, the property of and chartered by the said Company; and no persons shall be deemed cabin passengers unless the place allotted to their exclusive use shall be in the proportion of at least 36 clear superficial feet to each statute adult, nor unless they shall be messed together throughout the voyage at the same table with the master or first officer of the ship, nor unless the fare contracted to be paid by them respectively shall be in the proportion of at least 30s. for every week of the length of the voyage, as computed under the provisions of the Act for sailing vessels proceeding from the U. K. to any place south of the Equator, and of 208. for such vessels proceeding to any place north of the Equator, nor unless they shall be furnished with a duly signed contract ticket in a prescribed form.

A great variety of provisions are enacted in the Passengers Act, having for their object the protection from imposition, the number, health, medical care in sickness, diet, berthing, and safety of the passengers; the "rights of passengers; " the return of their passage money, and compensation if a passage be not provided pursuant to contract; their maintenance for a period after their arrival; the construction, ventilation, and internal arrangements and survey of the ship; the number of boats, life-boats, and life-buoys it must carry; the computation of voyages; the quantity of water and provisions to be provided for each statute adult passenger-i.e., of the age of twelve years or upwards; the licensing of passage brokers, and other miscellaneous matters, for the detail of which the reader is referred to the Acts in the Appendix. By sect. 59 of 18 & 19 Vict. c. 119, power is given to her Majesty in council to prescribe rules for preserving order and securing cleanliness and ventilation on board the ship (d); and by sect. 99, to the Governor-General of India in council (by any Act to be passed for that purpose), to adopt its provisions for India.

(a) 35 & 36 Vict. c. 73, s. 5. Steel v. Schomberg, 4 E. & B. 623; 24 L. J. Q. B. 87. (b) Ships not carrying a sufficient number of passengers to bring them within the definition of passenger ships are sometimes called "short ships."

(c) See Ellis v. Pearce, 27 L. J. M. C.

257.

(d) Orders in council have been made, and abstracts of same may be obtained; see sect. 61 of the Act.

To obtain any useful knowledge, for purposes of action or advice, Chap. 8. of these enactments, and of those of the Passengers Acts, it is necessary that the reader should refer to the very words of the statutes; and see 39 & 40 Vict. c. 80, s. 20.

4. Passenger Steamers.

The M. S. Acts and the Passengers Acts, contain also provisions relating to the build, equipment, inspection, survey, and certificates of passenger steam-ships (that is, all British ships carrying passengers between any place or places in the U. K., except steam ferry-boats or "bridges" working in chains)-the number of passengers they are certified to carry-the build of iron steamers, their engines, boats, life-boats, life-buoys, and provisions to prevent the danger of collision, some of which will be noticed in the chapter on "Collision," the reader being referred for the remainder to the Act (e).

5. Provisions for the Prevention of Misconduct and Accidents on board Passenger Ships.

As to the power of the Board of Trade to detain ships so over- Overloading loaded as to be dangerous to human life, see 39 & 40 Vict. c. 80, s. 6, ships, &c. et seq. As to foreign ships, see sect. 13 of the Act.

The 36 & 37 Vict. c. 85, ss. 23-28, relates to the carriage of dangerous goods, and contain restrictions on carriage of same (ƒ).

The 25 & 26 Vict. c. 63, ss. 35-37, inflict penalties on drunken Disorderly and disorderly passengers, &c. (g).

The master of any home-trade passenger steam-ship may refuse to receive, or may put ashore at any convenient place without returning his fare, any person who, by reason of drunkenness or other cause, is in such a state, or misconducts himself in such a manner, as to cause annoyance to other passengers (h).

passengers.

Board of

The owner or master of any steam-ship, which has sustained or Reporting caused any accident occasioning loss of life, or any serious injury to accidents to any person, or has received any material damage affecting her sea- Trade. worthiness, is required, under a penalty of 501., within 24 hours, or as soon thereafter as possible, to send a report of the particulars thereof to the Board of Trade (i).

As to giving notice to the Board of Trade of the apprehended loss of a ship, see 36 & 37 Vict. c. 85, s. 22.

And in every case of collision, in which it is practicable to do so, Entry in log the master is required, under a penalty of 201., to enter, immediately of collision.

(e) Sects. 291-329, some of these sec tions are now repealed and others substituted as shown in the Appendix. As to sending unseaworthy ships to sea and detaining such ships, see 39 & 40 Vict. c. 80, s. 4, et seq. As to testing cables and anchors of such ships, see 37 & 38 Vict. c. 51, s. 5. As to boats for ships, see 36 & 37 Vict. c. 85, s. 15, Passengers Act,

1855, s. 27. As to survey of passenger
steamers, see 35 & 36 Vict. c. 73, ss. 8, 13;
39 & 40 Vict. c. 80, ss. 14, 16, 18; 25 & 26
Vict. c. 63, s. 34.

(f) See 38 & 39 Vict. c. 17, The Explo
sives Act, 1875, post, Part IV., ch. 5.
(g) See 17 & 18 Vict. c. 104, s. 324.
(h) Sect. 325.
(i) Sect. 326.

Part III. after the occurrence, a statement thereof and of its circumstances in the official log-book (if any), to be signed by himself, and by the mate or one of the crew (a).

Signals of distress, &c.

Life-boats.

Compass, &c.

Boat's crew.

Boat signals.

As to signals of distress, &c., see 36 & 37 Vict. c. 85, ss. 18, 19, 20, 21; 25 & 26 Vict. c. 63, ss. 25-28, 30; 39 & 40 Vict. c. 80, ss. 14, 21. As to rules of inland navigation, see 25 & 26 Vict. c. 63, ss. 31, 32. As to the Thames, see Order in Council, 5th February, 1872. As to foreign ships in British jurisdiction, see 25 & 26 Vict. c. 63, ss. 57, 58, 61-64.

The following suggestions to Masters of Emigrant Ships respecting
Boats and Fire at Sea were issued by the Board of Trade in
June, 1873.

Having in view the fearful consequences which must result from a want of preparation in the event of accident to an emigrant ship, and especially of fire, this paper is prepared for the purpose of calling special attention of the masters and officers of such ships to the precautions necessary to prevent such a calamity, and to the means of encountering it should it occur. No scheme or regulations which may be formed beforehand can of course supply the place of coolness, judgment, and discipline at the time; nevertheless, the previous establishment of regulations, and the familiarity of the officers and crew with them, cannot but tend to obviate confusion and loss of time when danger arises. It is from the hope of contributing to this end, that the following suggestions have been drawn up.

The first matter to be settled is the arrangement of the boats.

1. BOATS.

1. The life-boats should be carried at the quarters. Every boat should be provided with painter, oars, boat-hooks, pins, plug, rudder, and tiller, all of which are to be properly secured in the boats. All the life-boats should be fitted with life-lines. The long-boat should have a fitted mast to sail of whatever rig may be preferred.

2. A compass, a means of striking a light, three blue lights, and a breaker of water should be kept ready for emergencies.

3. All the boats should be kept in good order, clear and ready for immediate use.

4. A crew should be assigned to each boat, to be under the charge of an officer or steady person, who should be held responsible for everything being kept at hand and ready for use. The crew of the life-boats should be picked men. When opportunities occur it would be very advisable to exercise the men in lowering the boats

at sea.

5. In the event of lowering a boat to pick up a man, it will generally happen that the man will be more easily seen from the ship than from the boat. In such a case the following signals from page 311 of the Commercial Code may be useful.

(a) Sect. 328.

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Chap. 8.

These signals from boats to ships to be made with a handkerchief and hat or bundle tied to the end of a boat hook, staff, oar, or stretcher. Any other means likely to attract attention may at the same time be adopted, being careful to use such as will not interfere with or confuse these signals. If the boat's signals were stamped on canvas and nailed to the boats, they would be found very useful in the event of picking up a man at sea.

Part III.

6. Should a boat be sent away at night, two lights (a single light may be mistaken for a star) should immediately be hoisted by the ship to show her position, with guns, blue lights, or flashes as necessary.

purposes.

2. TO PREVENT FIRE.

Cargo to be 7. No passenger ship should put to sea until all her cargo is properly stowed before properly stowed away, and the decks cleared of any loose straw or sailing. hay, or other inflammable material used for packing or other Passengers to 8. The passengers should be called on to deliver up whatever give up inflam- lucifer matches, gunpowder, or other inflammable articles they may mable articles. have about them, and should be warned, not only of the danger to the ship and passengers, but that they will be subject to punishment, under Her Majesty's Order in Council, for retaining such things in their possession.

Naked lights 9. No naked lights should on any account be used in the hold or and smoking to store rooms, nor in the between decks, except under trustworthy be prohibited. superintendence; nor should any person be allowed to read in bed with a naked light. Smoking between decks should also be strictly prohibited.

Spirits not to be broached in the hold. Fire-engine.

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Primary points

10. Spirits should never be opened in the hold, but should be hoisted on deck for the purpose.

11. It is recommended that the fire engines should be placed under the special charge of one of the principal officers and the carpenter, who should be responsible that, with the buckets, they are kept in a state fit for immediate use. The engine should be worked once or twice a week, to keep it in proper order.

12. As soon as possible after leaving port, the officers and crew should be divided into parties and assigned to stations, in case of fire, in the same manner as for the boats; possibly the same distribution may answer for both purposes.

3. ON THE OCCURRENCE OF FIRE.

13. Should a fire break out, the first steps, with a view to arrest for master to its progress as much as possible, must be so to place the ship as to keep the fire to leeward, and to cut off the supply of air by closing the ports, scuttles, hatches, &c., and by smothering the fire with wet blankets, sails, &c.

attend to, on an alarm of fire.

Duties of gangs.

14. The parties into which the ship's company has been divided should immediately on the ringing of the fire-bell, fall into their respective places. To one party should be assigned the working of the fire annihilators and engines; to another the closing of the ports, &c., and the preparation of wet cloths for suffocating the fire; to a third the preparations for lowering the boats and provisioning them. Each of these duties will require prompt and clear decision, and each should, therefore, be intrusted to an intelligent and responsible person; and as it might be a great assistance to an officer, when the emergency arises, to have had the opportunity of considering before

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