By the 5 & 6 Will. 4, cap. 53, the Act of 1828 was repealed, and further provisions made for the regulation of the carriage of passengers. No ship was allowed to sail with more than three persons for every 5 tons of burthen, and was required to have a height of 5½ feet between decks, and for every passenger carried 10 clear superficial feet of space on the lower deck or platform. Ships having two tiers of berths were to have 6 inches between the bottom of the lower berths and the deck. The quantity of water and provisions to be put on board was 5 gallons of water, 7 lbs. of bread, biscuit, or oatmeal, or bread-stuffs, for each passenger per week, the length of the voyage being computed as follows, viz.:—
| Weeks. | |
| To North America | 10 |
| To South America on the Atlantic, or to the West Coast of Africa | 12 |
| To Cape of Good Hope | 15 |
| To Mauritius | 18 |
| Any other voyage | 24 |
The officers of Customs were to examine the provisions and water. A table was to be made out and hung up of the prices at which provisions were to be sold on board to the passengers. The seaworthiness of the ship was to be ascertained by survey. Copies or abstracts of the Act were to be kept on board. Ships carrying 100 passengers were to carry a medical man, duly authorised by law to practise in this country as a physician, surgeon, or apothecary, and a proper supply of instruments, medicines, &c.; and ships carrying less than 100 passengers were to have a proper supply of medicines and other things adequate to the probable exigencies of the voyage. Passenger ships were prohibited from carrying spirits as stores in larger quantities than 10 per cent. more than the quantity allowed by the Customs for the use of the crew. Lists of passengers, with their names, ages, and occupations, were to be made out and delivered to the chief officer of Customs. Passengers were not to be landed at ports not contracted for without their consent. Two children under fourteen, or three between one and seven, were to be reckoned as an adult. Infants under twelve months were not to be counted. The passengers were to be victualled, or receive each a shilling a day in lieu thereof, for every day they were detained before the sailing of the ship, provided the detention did not arise from stress of weather, or other unavoidable cause; they were also entitled to remain on board forty-eight hours after the arrival of the ship, except where the ship proceeded to another port, in prosecution of her voyage. Masters were to give bond for the due performance of the regulations prescribed by the Act.
3 & 4 Vict. c. 21; 4 July, 1840.
By the 3 & 4 Vict. cap. 21, the provisions of the preceding Act were made applicable to intercolonial voyage in the British colonies in the West Indies, South America, the Bahamas, and Bermuda.
5 & 6 Vict. c. 107; Aug. 1842.
The two preceding Acts were repealed by the 5 & 6 Vict. cap. 107, which enacted that no vessel should carry more than three persons (master and crew included) to every 5 tons burthen, nor, whatever be the tonnage, more than one passenger to every 10 superficial feet of the space appointed for the use of the passengers, under a penalty not exceeding 5l. for every passenger in excess. The lower deck was not to be less than 1½ inch in thickness, and secured to the hold beams. The height between decks was to be 6 feet at least; there were not to be more than two tiers of berths; the bottom of the lower tier to be 6 inches above the deck; the berths were not to be less than 6 feet in length and 18 inches in width, for each passenger, and to be securely constructed. At least 3 quarts of water per diem was to be issued to each passenger, and a supply of provisions, not less often than twice a week, at the rate of 7 lbs. of bread-stuffs per week, half at least to be bread or biscuit, the other half might be potatoes, of which 5 lbs. were to be reckoned equal to one pound of bread-stuffs. The length of the voyage to be computed as follows:—
| Weeks. | |
| For a voyage to North America, except the west coast thereof | 10 |
| For a voyage to the West Indies, including under that term the Bahama Islands and British Guiana | 10 |
| For a voyage to any part of the continent of Central or South America, except the west coast thereof, and except British Guiana | 12 |
| For a voyage to the West Coast of Africa | 12 |
| For a voyage to the Cape of Good Hope or the Falkland Islands | 15 |
| For a voyage to the Mauritius | 18 |
| For a voyage to Western Australia | 20 |
| For a voyage to any other of the Australian colonies | 22 |
| For a voyage to New Zealand | 24 |
Two children under 14 were to be computed as one passenger; children under one year were not to count.
The provisions and water were to be inspected and surveyed by the Government emigration agents, or in their absence by the officer of Customs. Seaworthiness of vessels was to be ascertained by those officers, who might order a survey if necessary. Boats were to be taken in the following numbers, viz.:—