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try and a place within the United States, nor between a place in one State, Territory, or district of the United States, and a place in any other State, Territory, or district thereof, unless the same be securely inclosed, deposited, or packed in a metallic vessel surrounded by plaster of Paris, or other material that will be non-explosive when saturated with such oil or substance, and separate from all other substances, and the outside of the package containing the same be marked, printed, or labeled in a conspicuous manner with the words “ Nitro-glycerine-dangerous.” (Rev. Stat., $ 4,279.)
Inflammable Materials. 163. Any person shipping oil of vitriol, unslaked lime, inflammable matches, or gunpowder, in a vessel taking cargo for divers persons on freight, without delivering, at the time of shipment, a note in writing expressing the nature and character of such merchandise to the master, mate, or other officer or person in charge of the lading of the vessel, is liable to the United States in a penalty of one thousand dollars. But this provision is not applicable to any vessel used in rivers or inland navigation. (Rev. Stat., $ 4,288.)
Dangerous Articles on Passenger Steamers. 164. No steamer of the United States carrying passengers can lawfully carry, as freight, or to be used as stores, any loose hay, loose cotton, or loose hemp, camphene, nitro-glycerine, naphtha, benzine, benzole, coal-oil, crude or refined petroleum, or other explosive burning fluids, or other like dangerous articles ;
Nor can baled cotton or hemp be lawfully carried on such steamers unless the bales are compactly pressed and thoroughly covered with bagging of similar fabric, and secured with good rope or iron bands;
Nor can gunpowder be lawfully carried on any such vessel except under special license;
Nor can oil of vitriol, nitric or other chemical acids be lawfully carried on such steamers except on the decks or guards thereof, or in such other safe part of the vessel as shall be prescribed by the inspectors.
Refined petroleum, which will not ignite at a temperature less than one hundred and ten degrees of Fahrenheit thermometer, may be carried on board such steamers upon routes where there is no other practicable mode of transporting it, and under such regulations as may be prescribed by the board of supervising inspectors, with the approval of the Secretary of the Treasury;
Oil or spirits of turpentine may be carried on such steamers when put up in good metallic vessels, or casks or barrels well and securely bound with iron and stowed in a secure part of the vessel ;
Friction matches may be carried on such steamers when securely packed in strong, tight chests or boxes, the covers of which shall be well secured by locks, screws, or other reliable fastenings, and stowed in a safe part of the vessel at a secure distance from any
fire or heat. (Rev. Stat., § 4,472.)
Packing of Dangerous Articles. 165. All gunpowder, nitro-glycerine, camphene, naphtha, benzine, benzole, coal-oil, crude or refined petroleum, oil of vitriol, nitric or other chemical acids, oil or spirits of turpentine, friction matches, and other articles of like character, when packed or put up for shipment, must be securely packed and put up separately from each other and from all other articles; and the package, box, cask, or other vessel containing the same shall be distinctly marked on the outside, with the name or description of the article contained therein. (Rev. Stat., $ 4,475.)
United States Vessels must receive Outward Mails. 166. The master of any vessel of the United States bound from any port therein to any foreign port must receive on board, before clearance, and securely convey, all such mails as the Post-Office Department may offer; and must promptly deliver the same on arriving at the port of destination to the proper officer, for which he is entitled to receive two cents for each letter so delivered; and upon the entrance of such vessel, returning from a foreign port, the master must make oath that he has promptly delivered all the mail placed on board such vessel before clearance from the United States; and, if he fail to make such oath, the vessel is not entitled to the privileges of a vessel of the United States. (Rev. Stat., $S 3,976, 4,203.)
United States Vessels must receive Outward Bullion, etc.
16%. All vessels belonging to citizens of the United States and bound from any port in the United States to any other port therein, or to any foreign port, must receive on board before clearance all such bullion, coin, United States notes and bonds and other securities as the Government of the United States or any department thereof may offer, and must securely convey and promptly deliver the same to the proper authorities or consignees on arriving at the port of destination; and are entitled to receive for such service such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business. (Rev. Stat., $ 4,204.)
Deposit of Register Abroad. 168. The master of a vessel of the United States, on his arrival at any foreign port, must deposit his certificate of registry with the consul, vice-consul, or commercial agent, or vice-commercial agent, if there be any at such port; and he is not entitled to receive it again until he shall have paid the consular fees, complied with the provisions of law relating to the discharge of seamen in a foreign country, and produced a clearance from the proper officer of the port where his vessel is. (Rev. Stat., SS 4,309, 1,718.)
Crew-Lists and Articles Abroad. 169. The crew-list and shipping articles must be produced to the United States consular officer, or commercial agent, whenever he may deem them necessary to enable him to discharge the duties imposed upon him by law. (Rev. Stat., $ 4,575, third paragraph.)
The consul should note upon each the fact of the discharge of any of the men ; and should enter upon each the names, etc., of any additional men shipped. (S$ 4,517, 4,582.)
Extra Iages on Discharge for Cause. 170. If a consular officer discharge any seaman upon his own application, under any act of Congress, or according to the general principles or usages of maritime law, as recognized in the United States, he must exact from the master three months' wages, over and above the
then be due to the seaman. But if the misconduct of the seaman be the cause of discharge, the consul may remit two thirds of the amount of such extra wages—that is, so much as would be payable to the seaman. (Rev. Stat., $ 4,580.)
Extra Wages, on Sale, or with Consent. 171. If the company of a vessel of the United States be discharged in a foreign country, because of her sale, or if any seaman be discharged with his own consent in a foreign country, the consular officer must exact for each seaman so discharged, if he be designated on the crew-list as a citizen of the United States, three months' pay, over and above the
then be due to the seaman so designated. (Rev. Stat., $ 4,582.)
It seems that by the sale above mentioned is intended a sale which carries the vessel from under the United States flag; otherwise no necessity is apparent for a discharge of the seamen.
No Extra Wages in Certain Cases. 172. If a vessel of the United States be wrecked, or stranded, or condemned as unfit for service, and the seamen be discharged, no extra wages can be exacted. (Rev. Stat., $ 4,583.)
Marine Hospital Tax, on Sale. 173. Whenever a vessel of the United States is sold in a foreign water, the consular officer of the district within which the sale or transfer is made, or in whose hands the certificate of registry is, must collect the marine hospital tax, forty cents per month, for each seaman, remaining unpaid at the time of such sale or transfer, and must retain possession of the certificate of registry until payment is made.
In default of such payment, the sale or transfer is void except against the vendor. (Rev. Stat., SS 4,586, 4,585.)
United States Vessels must receive Mails from Consuls. 174. The master of any vessel of the United States bound from any foreign port to any port of the United States must receive on board before clearance, and securely convey all such mails as any diplomatic or consular officer of the United States abroad, such as minister, consul, or commercial agent, shall offer; and must promptly deliver the same, on arriving at the port of destination, to the proper officer, for which he is entitled to receive two cents for every letter so delivered. (Rev. Stat., SS 3,976, 4,203.)
United States Vessels must receive Bullion, etc., from Consuls.
175. All vessels belonging to citizens of the United States, and bound from any foreign port to any port in the United States, must receive on board, before clearance, all such bullion, coin, United States notes and bonds and other securities, as any minister, consul, vice-consul, or commercial or other agent of the United States abroad shall offer, and must securely convey and promptly deliver the same to the proper authorities or consignees, on arriving at the port of destination ; and is entitled to receive for such service such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business. (Rev. Stat., $ 4,204.)
Change of Ownership Abroad. 176. When a sale is made at a foreign port, of a registered vessel of the United States, to citizens of the United States, the consul may authenticate the bill of sale, record it in his office, and deliver to the purchaser a certificate of the fact, and of the fact that the purchaser is a citizen of the United States. But the consul can not lawfully issue a register, enrollment, license, or sea letter. (Consular Regulations of 1874, Articles 219, 220, 222.)
In such cases, the consuls sometimes withhold the certificate of registry, and allow the vessel to go to sea, with only the certificate as to purchase, etc. This is without authority of law. Indeed, the law seems to indicate the other course. For section 4,166 of the Revised Statutes provides for the granting of a new register in such cases, within three days after the first arrival of the vessel at any port of the United States, on compliance with all the requisites of law in order to the registry of vessels, and one of those requisites is the production and surrender of the certificate of registry. And section 4,586 requires the consul to retain possession of the papers of such vessel, in case of her sale, until the marine hospital tax, due at the time, shall have been paid. It seems to be assumed that, after payment of the tax, if the vessel be properly cleared, she is entitled to have her papers again, for production and surrender in the United States.
177. The law authorizes the President, from time to time, to prescribe the tariff of fees, and limits the consuls to the rates fixed in such tariff. (Rev. Stat., $ 1,745.)
Table of Present Rates. Revised May 1, 1881.
[To take effect September 1, 1881.]
1. Of the master to bottomry bond with certificate under seal.... .$1 00 2. Of the master to a mortgage or mortgage bill of sale of vessel.
1 00 3. Of the master to an order for payment of seamen's wages at home, including making up the order, if required...
1 00 4. Of assignment of bottomry bond......
1 00 5. Of the vendor to a bill of sale of vessel
1 00 6. Of power of attorney to transfer United States stock..