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the time is not yet come for so advanced a measure ; and, moreover, compulsory
powers are worse than useless to any Authority which does not wish to make
use of them.
EMIGRANTS.
From time to time, on inspection of emigrants by the Medical Officer of the
Board of Trade, cases of infectious diseases are discovered ; and the disposal
of these is a very important consideration, inasmuch as they are always
examined within the limits of the Port, and, therefore, happily, the Port
Sanitary Authority has the power to compel their removal to Hospital.
According to the regulations in force, if on board any vessel, the master is
bound to effect their removal ; but the question of liability for their maintenance
in Hospital has always been a debated one. Owners have always held
that if the passage-money were returned on rejection, before they come on
board, they were no longer called upon to pay for their support.
The usual rule has been for an account to be sent in due form, and,
although this has been sometimes paid, it has always caused a great amount
of friction. Recently this has much increased, and finally culminated in one
large firm refusing to afford any facilities unless they were formally declared
free from any liability on behalf of emigrants whom they had never received
on board, and to whom they had returned all moneys paid.
Taking into consideration the small amount at issue, and the vastly more
important question of checking outbreaks of infectious disease, your Medical
Officer undertook, provisionally, to hold owners free from any liability, and to
obtain a decided legal opinion. This was at once agreed to, and accordingly
the matter was referred to the City Solicitor, who reported as follows :—
" To the Worshipful the Port Sanitary Committee,
" Gentlemen,—In obedience to your Reference of the 2nd October last, that
" I should report as to whether the owners of outward-bound Emigrant
" Ships are legally responsible for the maintenance in Hospital of cases of
" infectious diseases rejected by the Medical Officer of Board of Trade on
" examination when the passage-money has been refunded, I have the
" honour to report that by section 45 of the Passengers' Act Amendment
" Act, 1855, it is provided that 'if the Emigration Officer at any Port from
" ' which a vessel is about to proceed to sea is satisfied that any person on
" ' board any passenger ship is, by reason of sickness, unfit to proceed, or
" ' is for that or any other reason likely to endanger the health or safety of
" ' other persons on board, such Emigration Officer shall prohibit the
" ' embarkation of such person, or, if embarked, shall require him to be
" ' re-landed, and the master shall thereupon re-land such person with his