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State regulation of pilots. R. S., 4444.

Oath of licensed officers.

R. S., 4445.

Stat., 50).

No State or municipal government shall impose upon pilots of steam-vessels any obligation to procure a State or other license in addition to that issued by the United States, or any other regulation which will impede such pilots in the performance of the duties required by this Title; nor shall any pilot-charges be levied by any such authority upon any steamer piloted as provided by this Title; and in no case shall the fees charged for the pilotage of any steam-vessel exceed the customary or legally established rates in the State where the same is performed. Nothing in this Title shall be construed to annul or affect any regulation established by the laws of any State, requiring vessels entering or leaving a port in any such State, other than coastwise steam-vessels, to take a pilot duly licensed or authorized by the laws of such State, or of a State situate upon the waters of such State. Every master, chief mate, engineer, and pilot, who receives a license, shall, before entering upon his duties, make oath before one of the inspectors herein provided for, to be recorded with the certificate, that he will faithfully and honestly, according to his best skill and judgment, without concealment or reservation, perform all the duties required of him by law.

Mar. 23, 1900 (31 Every applicant for license as either master, mate, pilot, or engineer under the provisions of this title shall make and subscribe to an oath or affirmation, before one of the inspectors referred to in this title, to the truth of all the statements set forth in his application for such license.

False cath.

Changing li

cense.

Licenses to be

posted.

R. S., 4446.

Stat., 897).

Any person who shall make or subscribe to any oath or affirmation authorized in this title and knowing the same to be false shall be deemed guilty of perjury.

Every licensed master, mate, pilot, or engineer who shall change, by addition, interpolation, or erasure of any kind, any certificate or license issued by any inspector or inspectors referred to in this title shall, for every such offense, upon conviction, be punished by a fine of not more than five hundred dollars or by imprisonment at hard labor for a term not exceeding three years.

Every master, mate, engineer, and pilot who shall receive a license shall, when employed upon any vessel, Feb. 19, 1907 (34 within forty-eight hours after going on duty, place his certificate of license, which shall be framed under glass, in some conspicuous place in such vessel, where it can be seen by passengers and others at all times: Provided, That in case of emergency such officer may be transferred to another vessel of the same owners for a period not exceeding forty-eight hours without the transfer of his license to such other vessel; and for every neglect to comply with this provision by any such master, mate, engineer, or pilot, he shall be subject to a fine of one hundred dollars, or to the revocation of his license.

Renewal of offi

cer's license. R. S., 4447.

When any licensed officer is employed on a steamer in a district distant from any local board of inspectors, such

inspectors, or the supervising inspector of the district, may grant a renewal of his license, without such licensed officer being personally present, under such regulations as the board of supervising inspectors shall prescribe.

to assist inspec

tions.

All officers licensed under the provisions of this Title Licensed officers shall assist the inspectors in their examination of any ves-tors in examinasel to which such licensed officers belong, and shall point R. S., 4448. out all defects and imperfections known to them in the hull, equipments, boilers, or machinery of such vessel, and also shall make known to the inspectors, at the earliest opportunity, all accidents or occurrences producing serious injury to the vessel, her boilers, or machinery; and in default thereof the license of any such officer so neglecting or refusing shall be revoked.

any

of

officer's license for

R. S., 4449.
Mar. 3, 1905 (33

If Revocation licensed officer shall, to the hindrance of commerce, wrongfully or unreasonably refuse to serve in his refusing to serve. official capacity on any vessel as authorized by the terms of his certificate of license, or shall fail to deliver to the Stat., 1028). applicant for such service at the time of such refusal, if the same shall be demanded, a statement in writing assigning good and sufficient reasons therefor, or if any pilot or engineer shall refuse to admit into the pilot house or engine room any person whom the master or owner of the vessel may desire to place there for the purpose of learning the profession, his license shall be revoked or suspended upon the same proceedings as are provided in other cases of revocation or suspension of such licenses.

conduct of offi

The local boards of inspectors shall investigate all Investigation of acts of incompetency or misconduct committed by any cers. licensed officer while acting under the authority of his R. S., 4450. license, and shall have power to summon before them any witnesses within their respective districts, and compel their attendance by a similar process as in the United States circuit or district courts; and they may administer all necessary oaths to any witnesses thus summoned before them; and after reasonable notice in writing, given to the alleged delinquent, of the time and place of such investigation, such witnesses shall be examined, under oath, touching the performance of his duties by any such licensed officer; and if the board shall be satisfied that such licensed officer is incompetent, or has been guilty of misbehavior, negligence, or unskillfulness, or has endangered life, or willfully violated any provision of this Title, they shall immediately suspend or revoke his license. (See sec. 2, act of May 28, 1896, p. 207.) 12 The chief officer of the customs for the district shall * such fees pay * to any witness, so summoned, for his actual travel and attendance, as shall be officially certified to by any inspector hearing the case,

* * *

*

1 As amended by acts approved June 19, 1886, April 4, 1888, and May 28, 1896. (See p. 206.)

2 Fees for the services of United States marshals for summoning witnesses are paid through the Department of Justice, under the provisions of sections 12 and 13 of an act approved May 28, 1896. Section 848, Revised Statutes, relates to witnesses' fees.

Payment of witnesses. R. S., 4451.

Appeal to supervising inspec

tor.

R. S., 4452.

Stat., 1030).

upon the back of such summons, not exceeding the rate allowed for fees and to witnesses for travel and attendance in any circuit or district courts of the United States. Whenever any board of local inspectors refuses to grant a license to any person applying for the same, or susMar. 3, 1905 (33 pends or revokes the license of any master, mate, engineer, or pilot, any person deeming himself wronged by such refusal, suspension, or revocation, may, within thirty days thereof, on application to the supervising inspector of the district, have his case examined anew by such supervising inspector; and the local board shall furnish to the supervising inspector, in writing, the reasons for its doings in the premises; and such supervising inspector shall examine the case anew, and he shall have the same powers to summon witnesses and compel their attendance and to administer oaths that are conferred on local inspectors; and such witnesses * shall be paid in the same manner as provided for by the preceding section; and such supervising inspector may revoke, change, or modify the decision of such local board; and like proceedings may be had by any master or owner of any steam vessel in relation to the inspection of such vessel, or her boilers or machinery, by any such local board; and in case of repairs, and in any investigation or inspection, where there shall be a disagreement between the local inspectors, the supervising inspector, when so requested, shall investigate and decide the case. In cases

Reinspection and notice for re

pairs.

R. S., 4453.

Stat., 1023).

* *

of trials for the revocation or suspension of an officer's license, where either the license has been revoked or suspension for more than six months has been made, and such action has been affirmed by the supervising inspector, the officer whose license is in question may have the case examined anew by the Supervising Inspector-General, who shall have the same powers to summon witnesses, to compel their attendance, and to administer oaths as are conferred on local inspectors, and the Supervising Inspector-General may revoke, change, or modify said decisions. Application for such reexamination of the case shall be made to the Supervising Inspector-General within thirty days after final decision by the supervising inspector.

In addition to the annual inspection, the local inspectors shall examine, at proper times, steamers arriving and Mar. 3, 1905 (33 departing to and from their respective ports, so often as to enable them to detect any neglect to comply with the requirements of law, and also any defects or imperfections becoming apparent after the inspection aforesaid, and tending to render the navigation of the vessels unsafe; and if they shall discover any omission to comply with the law, or that repairs have become necessary to make the vessel safe, the inspectors shall at once notify the master, in writing, stating in the notice what is required; and if the master deems the requirements unreasonable or unnec

essary, he may apply for a reexamination of the case to the
supervising inspector, as provided in the preceding section.
All inspections and orders for repairs shall be promptly
made by the inspectors, and, when it can be safely done in
their judgment, they shall permit repairs to be made where
those interested can most conveniently do them. And
whenever any local inspector or supervising inspector
ascertains to his satisfaction that any vessel, subject to
the provisions of this title, has been or is being navigated
or operated without complying with the terms of the
vessel's certificate of inspection regarding the number
and class of licensed officers and crew, or without comply-
ing with the provisions of law and her said certificate as
to the number or kind of life-saving or fire-fighting appa-
ratus, or without maintaining in good and efficient con-
dition her lifeboats, fire pumps, fire hose, and life-pre-
servers, or that for any other reason said vessel can not
be operated with safety to life, the said local or supervis-
ing inspector shall order the owner or master of said ves-
sel to correct such unlawful conditions, and may require
that the vessel at once cease navigating and be submitted
to reinspection; and in case the said orders of such inspec-
tor shall not at once be complied with, the said inspector
shall revoke the said vessel's certificate of inspection and
shall immediately give to the owner, master, or agent of
said vessel notice, in writing, of such revocation; and no
new certificate of inspection shall be again issued to her
until the provisions of this title have been complied with.
Any vessel subject to the provisions of this title operating
or navigating or attempting to operate or navigate after
the revocation of her certificate of inspection and before
the issuance of a new certificate, shall, upon application
by the inspector to any district court of the United States
having jurisdiction, and by proper order or action of said
court in the premises, be seized summarily by way of
libel and held without privilege of release by bail or bond
until a proper certificate of inspection shall have been
issued to said vessel: Provided, That the master or owner
of
any vessel whose certificate shall have been so revoked
may within thirty days after receiving notice of such revo-
cation appeal to the Secretary of Commerce for a reex-
amination of the case, and upon such appeal the said
Secretary shall have power to revise, modify, or set aside
such action of the local or supervising inspector and
direct the issuance to such vessel of her original certifi-
cate or of a new certificate of inspection; and in case the
said Secretary shall so direct the issuance of a certificate,
all judicial process against said vessel based on this sec-
tion shall thereupon be of no further force or effect, and
the vessel shall thereupon be released.

Failure to make

If any master or owner of any steamer shall refuse or repairs. neglect to comply with the requirements of the local in-R. S., 4454. spectors, made in pursuance of the preceding section, and

in

Effect of official

spector's act.

R. S., 4455.

Inspections

districts not hav-
ing inspectors.
R. S., 4456.

shall, contrary thereto and while the same remains unreversed by the supervising inspector, employ the vessel by navigating her, the master and owner shall be liable to a penalty of five hundred dollars for each offense, one-half for the use of the informer; for which sum the vessel itself shall be liable, and may be seized and proceeded against by libel in any district court having jurisdiction; and the master and owner, and the vessel itself, shall, in addition thereto, be liable for any damage to passengers and their baggage which shall occur from any defects as stated in the notice prescribed by the preceding section.1 The inspectors of one district shall not modify or annul the doings of the inspectors of another district in regard to repairs, unless there is a change in the state of things, demanding more repairs than were thought necessary when the order was made. Nor shall the inspectors of one district license a person coming from another district, if such person has been rejected for unfitness or want of qualifications.

in The local boards of inspectors, when so requested in writing by any master of [or] owner, shall, under the direction of the supervising inspector, inspect steamers in other collection-districts where no such board is established; and if a certificate of approval is not granted, no other inspection shall be made by the same or any other board until the objections made by such local board and unreversed by the supervising inspector of the district, are removed. Nothing in this section shall impair the right of the inspectors to permit such vessel to go to another port for repairs, if in their opinion it can be done with safety.

Records and reports by local inspectors.

R. S., 4457.

The local inspectors shall keep a record of certificates of inspection of vessels, their boilers, engines, and machinery, and of all their acts in their examination and inspection of steamers, whether of approval or disapproval; and when a certificate of approval is recorded, the original shall be delivered to the collector or other chief officer of the customs of the district. They shall also keep a like record of certificates authorizing gunpowder to be carried as freight by any steamer carrying passengers, and of all licenses granted to masters, mates, pilots, and engineers, and of all refusals of the same, of all suspensions and revocations of license, of all refusals, suspensions, or revocations of which they shall receive notices from other districts; and shall report to the supervising inspector of their respective districts, in writing, their decisions in cases of refusal of licenses, or of the suspension or revocation thereof, and all testimony received by them in such proceedings. They shall also report promptly to such supervising inspector all violations of the steamboat-laws that come to their knowledge. They shall also keep an accurate account of every steamer boarded by

1 See section 5344, page 205.

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