The Imbecile Passengers Act 1882

Correspondence 83/814 – dated 6-12-83

Auckland Nomination 426 W. H. Trayes & family & John Trayes.  Passage not granted as John Trayes is mentally affected.

In 1882, NZ enacted the Imbecile Passengers Act, requiring a bond of £100 for each and every passenger a ship brought who was “either lunatic, idiotic, deaf, dumb, blind, or infirm, and likely … to become a charge upon the public or up any public or charitable institution,”.

According to the Act, the person providing the bond must:

• Have two guarantors
• All be bound jointly and severally
• All be residents in NZ, and
• All be worth treble the amount of the penalty of such bond, over and above all their liabilities. 

To view the full Act, use this link:

http://www.nzlii.org/nz/legis/hist_act/ipa188246v1882n58261/

The Trayes family was made up of William Hoskin Trayes, 37, farmer, his wife Catherine, 40, and their children Jane, 8, Wilfred, 6, James, 4, Mary, 2, and William’s brother John, 46, a farmer.  In the 1881 UK Census they were living in St Teath, Cornwall.

The family were nominated by James Trayes, a stonemason living in Auckland and the amount of £32.15.0 was paid on March 19^th 1883. 

A problem arose because William’s brother John was “mentally afflicted”.  This meant John didn’t meet the requirements of the nomination and couldn’t be approved for passage in a Government ship.  William advised that if it wasn’t possible for John to go, then William and his family would not avail themselves of the nomination.  John Trayes’ married sister (name not stated) who was resident in London, had called into the Agent-General’s office in London and confirmed John’s status as “mentally defective, and unable to read or write”.

William himself wrote a letter regarding his brother’s situation to the Agent-General in London:

Tynes St, Teath

Augt 31st 1883

Dear Sir

I find it necessary to offer some explanation respecting my brother John Trayes who is nominated with myself and family and desires a passage to New Zealand - the Dr cannot certify for him on account of a slight mental defect (which is not hereditary) but caused by inflammation of the brain in childhood.  He is not worse now than at my earliest recollection.  The Dr can certify for him respecting his health also to improbability of mental distraction - my brother having capital would not become chargeable to the Colony.  I and my brother have always lived together and have been farming together for the last twelve years.  My brother deriving no profit neither subject to loss retains his money undiminished.  Owing to adverse circumstances I have sustained considerable loss.  As he has no other friends I have undertaken to provide him a home if needs be.  I can verify this statement if required to do so.  No doubt you are aware of his full passage money being paid in the Colony. As we desire not to be separated and ask your approval when I will forward the schedule for your consideration.

Yours most respectfully

(signed) William H Trayes,

Tyne St, Teath

Camelford, Cornwall

It was determined by the authorities that a bond would have to be provided in order to allow John Trayes to travel to New Zealand.   They provided a copy of a bond given in another case under the Imbecile Passengers Act as an example of what would be required.

The bond read as follows:

Know all men by these presents that we Francis Thomson of Wellington Builder, and James Russell of Wellington Builder, and Donald McLean of Wellington Builder, are held and firmly bound unto our Sovereign Lady Queen Victoria in the sum of one hundred pounds sterling, to be paid to our said Lady the Queen her heirs and successors; To which payment, well and truly to be made, we bind ourselves and every of us, jointly and severally, for and in the whole, our and every of our heirs, executors and Administrators, firmly by these presents.  Sealed with our seals.  Dated this sixth day of December in the year of our Lord one thousand eight hundred and eighty three.  Whereas the said Francis Thomson is desirous of bringing to the Colony of New Zealand his paralysed sister named Marion Thomson and whereas the Collector or other principal Officer of Customs at the place or port where any ship subject to the provisions of "The Imbecile Passengers Act 1882" and conveying the said Marion Thomson to New Zealand would arrive would under ordinary circumstances by bound to certify the arrival of such infirm passenger and thereupon the Master of such Ship would be compellable to give such bond as is mentioned in the third section of the said Act.  And Whereas in order to entirely exonerate the said master from any such liability as aforesaid the said Francis Thomson and the said James Russell and Donald McLean have proposed to enter into this present obligation and the Commissioner of Trade and Customs has agreed to accept the same and to exonerate the said Master from any liability in respect of the premises.

Now the condition of this obligation is such that if the above bonder Francis Thomson, James Russell and Donald McLean or any or either of them or their or any of their heirs, executors, or administrators do and shall pay to the Commissioner of Trade and Customs all moneys or expenses which shall or may be laid out or incurred within the space of five years from the date of the arrival in the Colony of the said Marion Thomson for the maintenance or support of the said Marion Thomson by or in any Public or Charitable institution in New Zealand, then this obligation to be void otherwise to be and remain in full force and virtue.

This bond was signed by the three men mentioned.

  

It is unclear from the notes in the file as to whether the Trayes family raised such a bond or not.  However it does not appear that they ever made it out to New Zealand.  The family were still living in Cornwall in the 1891 census and it seems that John Trayes died in 1900 in Cornwall, England.  William and Catherine were still living in Cornwall in the 1901 census.

I also looked for Marion Thomson coming to NZ around 1883/1884, but have yet to find her.  Francis, James and Donald are all still working as builders in Wellington in 1893.