Repealed by Act 13 of 1864 [16th January
1852] Passed by the Hon'ble the President of the
Council of India in Council, on the 16th January 1852, with the
assent of the Most Noble the Governor General of India. An Act to amend the law relating to emigrant vessels and the emigration
of labourers. Whereas by Section VIII., Act XXI. of
1844, it was among other things enacted, that no ship or vessel carrying
emigrant labourers to Jamaica, British Guiana, or Trinidad, should sail from
Calcutta, Madras, or Bombay, at any other time than between the 30th day
of any September and the 1st of March next thereafter ensuing:
and whereas the said provision was repealed by Act XXV. of 1845, so far as
regarded vessels carrying emigrant labourers from Madras, and has been found
inconvenient for vessels carrying emigrant labourers from Calcutta; and whereas
it is expedient to amend the law relating to the height between decks in
emigrant vessels; and whereas by Section I., Act XXI. of 1843, it was enacted,
that emigration to Mauritius should only lawfully take place under the
provisions of Act XV. of 1842, from the Port of Calcutta; and whereas by Act
VIII. of 1847, the emigration of labourers from the Port of Madras to Mauritius
was declared lawful, and it is now expedient to repeal Section I., Act XXI. of
1843, and to render lawful the emigration of labourers from the Port of Bombay
to Mauritius. It is enacted as follows: So much of Act
XXI. of 1844 as is hereinbefore recited, is repealed, so far as regards ships
or vessels carrying emigrant labourers from Calcutta. No ships or
vessels carrying emigrant labourers to Jamaica, British Guiana, or Trinidad,
shall sail from Calcutta at any other time than between the thirty-first day of
any August and the first day of March next thereafter ensuing. No ship or vessel
carrying emigrants and having more than one deck, shall have less than the
height of five feet and six inches at the least between decks, and in case such
ship or vessel shall have only one deck, a platform shall be laid beneath such
deck in such manner as to afford a space of the height of five feet and six
inches at the least and such platform shall not be so laid as that the lower beams
shall project above the same, and whatever may be the tonnage of the ship or
vessel, no greater number of emigrant labourers shall be taken on board such
ship or vessel than shall be alter the rate of one emigrant labourer for every
seventy-two cubic feet of space between decks, or between the deck and
platform, unoccupied by goods or stores not being the personal luggage of such
emigrant labourers, anything in Act XV. of 1842, or in fire Schedule therein
mentioned, to the contrary not withstanding. Section I., Act
XXI. of 1843 is hereby repealed, and from and after the passing of this Act,
emigration to Mauritius may lawfully take place under the provisions of Act XV.
of 1842 from the Port of Bombay, as well as from the Ports of Madras and
Calcutta. The Governor in
Council of Bombay may nominate a proper person to act as Protector of Emigrants
at Bombay, and no emigrant shall be permitted to embark without a certificate
from the Agent appointed by the Government of Mauritius, countersigned by the
Protector, to the effect that such person has been engaged by such Agent, on
the part of the said Government, as an emigrant to Mauritius.Emigration Act, 1852 [Repealed]