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bulkheads in lake

passengers.

Every sea-going steamer, and every steamer navigat- Water-tight ing the great northern or northwestern lakes, carrying steamers carrying passengers, the building of which shall be completed after Pas 1490. the twenty-eighth day of August, eighteen hundred and seventy-one, shall have not less than three water-tight cross-bulk-heads, such bulk-heads to reach to the maindeck in single-decked vessels, otherwise to the deck next below the main-deck; to be made of iron plates, sustained upon suitable frame-work; and to be properly secured to the hull of the vessel. The position of such bulk-heads and the strength of material of which the same shall be constructed shall be determined by the general rules of the board of supervising inspectors.

July 9,

Steam-vessels of one hundred tons burden or under, 1986 (24 engaged in the coastwise bays and harbors of the United States, may be licensed by the United States local inspectors of steam-vessels to carry passengers or excursions on the ocean or upon the Great Lakes of the North or Northwest, not exceeding fifteen miles from the mouth of such bays or harbors, without being required to have the three water-tight cross-bulkheads provided by section forty-four hundred and ninety of the Revised Statutes for other passenger steamers: Provided, That in the judgment of the local inspector such steamers shall be safe and suitable for such navigation without danger to human life, and that they shall have one water-tight collision bulkhead not less than five feet abaft the stem of said steamer.

1 No kind of instrument, machine, or equipment, for the better security of life, provided for by this Title shall be used on any steam-vessel which shall not first be approved by the board of supervising inspectors, and also by the Secretary of Commerce.2

Every barge carrying passengers, while in tow of any steamer, shall be subject to the provisions of this Title relating to fire-buckets, axes, life-preservers, and yawls, to such extent as shall be prescribed by the board of supervising inspectors; and for any violation of this section the penalty shall be two hundred dollars, recoverable onehalf for the use of the informer.

Use of instrurity of life.

ments for secu- .

R. S., 4491.

Barges carrying

passengers.

R. S., 4492.

master and own

passengers.

R. S., 4493

3 Whenever damage is sustained by any passenger or Liability of his baggage, from explosion, fire, collision, or other ers for damages to cause, the master and the owner of such vessel, or either of them, and the vessel shall be liable to each and every person so injured, to the full amount of damage if it happens through any neglect or failure to comply with the provisions of this Title, or through known defects or imperfections of the steaming-apparatus or of the hull; and any person sustaining loss or injury through the care

1 Amended by section 5 of the act of June 9, 1910. (See p. 210.)

2 The powers of the executive committee of the Board of Supervising Inspectors, provided by section 4405, Revised Statutes, as amended by the act of March 3, 1905 (see p. 170), are extended by said section to the approval of the instruments, machines, and equipments referred to herein.

3 See section 5344, page 205.

Two copies of this title to be

senger steamer.

R. S., 4494.

lessness, negligence, or willful misconduct of any master, mate, engineer, or pilot, or his neglect or refusal to obey the laws governing the navigation of such steamers, may sue such master, mate, engineer, or pilot, and recover damages for any such injury caused by any such master, mate, engineer, or pilot.

Every master or commander of any steam-vessel carrykept on each pas- ing passengers shall keep on board of such vessel at least two copies of the provisions of this Title, to be furnished to him by the Secretary of Commerce; and if the master or commander neglects or refuses to do so, or shall unreasonably refuse to exhibit a copy of the same to any passenger who asks for it, he shall be liable to a penalty of twenty dollars.

Name of steamer to be exhibited. R. S., 4495.

Duties of cus

toms officers.

R. S., 4496.

omission of duty

cer.

Every steam-vessel of the United States, in addition to having her name painted on her stern, shall have the same conspicuously placed in distinct, plain letters, of not less than six inches in length, on each outer side of the pilothouse, if it has such, and in case the vessel has side-wheels, also on the outerside of each wheel-house; and if any such steamboat be found without having her name placed as required, she shall be subject to the same penalty and forfeiture as provided by law in the case of a vessel of the United States found without having her name, and the name of the port to which she belongs, painted on her

stern.

All collectors, or other chief officers of the customs, and all inspectors within the several districts, shall enforce the provisions of this Title against all steamers arriving and departing.

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Penalty for Every collector, or other chief officer of the customs, or by customs off-inspector, who negligently or intentionally omits any duty under the preceding section, shall be liable to removal from office, and to a penalty of one hundred dollars for each offense, to be sued for in an action of debt.

R. S., 4497.

Registry, enrollment, etc., denied

to

the law.

A register, enrollment, or license shall not be granted vessels not or other papers be issued by any collector or other chief complying with officer of customs to any vessel subject by law to inspecR. S., 4498. tion under this title until all the provisions of this title applicable to such vessel have been fully complied with and until the certificate of inspection required by this title for such vessel has been filed with said collector.

Mar. 3,1905 (33 Stat., 1032).

Penalty for fail-
ure to comply.
R. S., 4499.
Mar. 3, 1905 (33
Stat., 1025).

'If any vessel propelled in whole or in part by steam be navigated without complying with the terms of this title, the owner shall be liable to the United States in a penalty of five hundred dollars for each offense, one-half for the use of the informer, for which sum the vessel so navigated shall be liable, and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense. Persons or corporations chartering or engaging or contracting for the use of vessels subject to this title, under such

1 Amended by the act of June 9, 1910. (See p. 208.)

terms and conditions that they have full and exclusive control of the management and operation of such vessels, shall be subject to the same penalties for violations of the provisions of this title as are now imposed upon owners of vessels thereunder, and in such cases the owners shall not be liable to such penalties for such violations by such charterers or contractors.

The penalty for the violation of any provision of this Title, not otherwise specially provided for, shall be a fine of five hundred dollars, recoverable one-half for the use of the informer.

Until further provision is made by Congress, all pilots in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the States respectively wherein such pilots may be, or with such laws as the States may respectively enact for the purpose.

Penalty in cases not provided for. R. S., 4500.

State regulation

of pilots.

R. S., 4235.

aries between

R. S., 4236.

No discrimina

The master of any vessel coming into or going out of Pilots on boundany port situate upon waters which are the boundary States. between two States, may employ any pilot duly licensed or authorized by the laws of either of the States bounded on such waters, to pilot the vessel to or from such port. No regulations or provisions shall be adopted by any tion in rates of State which shall make any discrimination in the rate of pilotage. pilotage or half-pilotage between vessels sailing between the ports of one State and vessels sailing between the ports of different States, or any discrimination against vessels propelled in whole or in part by steam, or against national vessels of the United States; and all existing regulations or provisions making any such discrimination are annulled and abrogated.

R. S., 4237.

Explosives car

sengers for hire

May 30, 1908 (35

Mar. 4, 1909 (35

It shall be unlawful to transport, carry, or convey, ried on vessels or any dynamite, gunpowder, or other explosive, between a vehicles with pasplace in a foreign country and a place within or subject forbidden. to the jurisdiction of the United States, or between a R. S., 4278, 5353. place in any State, Territory, or District of the United Stat., 554). States, or place noncontiguous to but subject to the juris- stat., 1184), sec. diction thereof, and a place in any other Štate, Territory, 232. or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description operated by a common carrier, which vessel or vehicle is carrying passengers for hire: Provided, That it shall be lawful to transport on any such Explosives pervessel or vehicle small arms ammunition in any quantity, and such fuses, torpedoes, rockets, or other signal devices, as may be essential to promote safety in operation, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of one-half pound each, and not exceeding twenty samples at one time in a single vessel or vehicle; but such Restriction. samples shall not be carried in that part of a vessel or vehicle which is intended for the transportation of pas

mitted.

portation.

transporting ex

state Commerce

Commission.
Ibid., sec. 233.

Military trans-sengers for hire: Provided further, That nothing in this section shall be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipment vessels or vehicles. Regulations for The Interstate Commerce Commission shall formulate plosives to be regulations for the safe transportation of explosives, made by Inter- which shall be binding upon all common carriers engaged in interstate or foreign commerce which transport explosives by land. Said commission, of its own motion, or upon application made by any interested party, may make changes or modifications in such regulations, made desirable by new information or altered conditions. Such regulations shall be in accord with the best known practicable means for securing safety in transit, covering the packing, marking, loading, handling while in transit, and the precautions necessary to determine whether the material when offered is in proper condition to transport. Such regulations, as well as all changes or modifications thereof, shall take effect ninety days after their formulation and publication by said commission and shall be in effect until reversed, set aside, or modified.

Effect.

High explosives excluded from

vehicles.

It shall be unlawful to transport, carry, or convey, certain vessels or liquid nitroglycerin, fulminate in bulk in dry condition, or Ibid., sec. 234. other like explosive, between a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, and a place in any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description operated by a common carrier in the transportation of passengers or articles of commerce by land or water.

235.

Mar. 4, 1909 (35

Marking pack- Every package containing explosives or other dan-
ages of explosives.
R. S., 4279, 5355. gerous articles when presented to a common carrier for
Stat., 1134), sec. shipment shall have plainly marked on the outside thereof
the contents thereof; and it shall be unlawful for any per-
son to deliver, or cause to be delivered, to any common
carrier engaged in interstate or foreign commerce by
land or water, for interstate or foreign transportation, or
to carry upon any vessel or vehicle engaged in interstate or
foreign transportation, any explosive, or other dangerous
article, under any false or deceptive marking, description,
invoice, shipping order, or other declaration, or without
informing the agent of such carrier of the true character
thereof, at or before the time such delivery or carriage is
Punishment for made. Whoever shall knowingly violate, or cause to be
violated, any provision of this section, or of the three sec-
tions last preceding, or any regulation made by the Inter-
state Commerce Commission in pursuance thereof, shall
be fined not more than two thousand dollars, or impris-

violation.

Causing death oned not more than eighteen months, or both.

or injury by ille

When the death or bodily injury of any person is caused tion. transporta- by the explosion of any article named in the four sections

gal

a

a

0

S

236.

R. S., 5354.

last preceding, while the same is being placed upon any 1909 (35 vessel or vehicle to be transported in violation thereof, Stat., 1134), sec. or while the same is being so transported, or while the same is being removed from such vessel or vehicle, the person knowingly placing, or aiding or permitting the placing, of such articles upon any such vessel or vehicle, to be so transported, shall be imprisoned not more than Punishment. ten years.

Regulation by States of traffic in

R. S., 4280.

The two preceding sections shall not be so construed as to prevent any State, Territory, district, city, or town nitroglycerin. within the United States from regulating or from prohibiting the traffic in or transportation of those substances, between persons or places lying or being within their respective territorial limits, or from prohibiting the introduction thereof into such limits, for sale, use, or consumption therein.

in

flammable mate

R. S., 4288.

Any person shipping oil of vitriol, unslaked lime, inflam- Shipping mable matches, or gunpowder, in a vessel taking cargo rial. for divers persons on freight, without delivering, at the June 19, 1886 (24 time of shipment, a note in writing, expressing the nature Stat., 79), sec. 4. and character of such merchandise, to the master, mate, officer, or person in charge of the lading of the vessel, shall be liable to the United States in a penalty of one thousand dollars.

Loss of life by misconduct of of

sels.

Stat., 1025).

282.

Punishment.

Liability of cor

poration officer.

Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, ficers, etc., of vesnegligence, or inattention to his duties on such vessel the SR. S., 5844. life of any person is destroyed, and every owner, char- Mar. 3, 1905 (33 terer, inspector, or other public officer, through whose Mar. 4, 1909 (35 fraud, neglect, connivance, misconduct, or violation of stat., 1144), sec. law the life of any person is destroyed, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both: Provided, That when the owner or charterer of any steamboat or vessel shall be a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation of law, by which the life of any person is destroyed, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both.

Maltreatment vessel.

of crew by officers

R. S., 5347.

Mar. 4, 1909 (35

Whoever, being the master or officer of a vessel of the United States, on the high seas, or on any other of waters within the admiralty and maritime jurisdiction Mar. 3, 1897 (29 of the United States, beats, wounds, or without justifi- Stat., 691). able cause, imprisons any of the crew of such vessel, or Stat., 1145), sec. withholds from them suitable food and nourishment, or inflicts upon them any cruel and unusual punishment, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both. Nothing herein contained shall be construed to repeal or modify

291.

Punishment.

Flogging.

R. S., 4611.

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