Page images
PDF
EPUB

or along the coasts of the United States and promptly brought into a port of the United States by salvors were made by R. S. § 3058, as amended by Act Feb. 23, 1887, c. 221, ante, $ 5760.

Provisions for the free entry of merchandise taken from vessels sunk in any waters subject to the United States which have been abandoned for a period of two years were made by the Dingley Tariff Act of July 24, 1897, c. 11, $ 28, 30 Stat. 210, and were re-enacted in subsequent tariff acts, includ

ing the Underwood Tariff Act of Oct. 3, 1913, c. 16, $ IV, L, ante, $ 5312. § 7986. (R. S. § 4240.) Forfeitures for taking wrecked property to

foreign ports. Every vessel which shall be engaged or employed in carrying or transporting any property whatsoever, taken from any wreck, from the sea, or from any of the keys or shoals, within the jurisdiction of the United States, on the coast of Florida, to any foreign port, shall, together with her tackle, apparel, and furniture, be forfeited, and all forfeitures incurred by virtue of this section shall accrue, one moiety to the informer and the other to the United States.

Act March 3, 1825, c. 107, § 1, 4 Stat. 132. § 7987. (R. S. § 4241.) License to wreckers on Florida coast.

No vessel, or master thereof, shall be regularly employed in the business of wrecking on the coast of Florida without the license of the judge of the district court for the district of Florida; and, before licensing any vessel or master, the judge shall be satisfied that the vessel is sea-worthy, and properly and sufficiently fitted and equipped for the business of saving property shipwrecked and in distress; and that the master thereof is trustworthy, and innocent of any fraud or misconduct in relation to any property shipwrecked or saved on the coast.

Act Feb. 23, 1847, c. 20, $ 3, 9 Stat. 131. § 7988. (Act June 19, 1878, c. 324, as amended, Act May 24, 1890,

c. 292, and Act March 3, 1893, c. 211, § 1.) Canadian vessels may aid vessels wrecked or disabled in United States waters

contiguous to Canada. Canadian vessels and wrecking appurtenance may render aid and assistance to Canadian or other vessels and property wrecked, disabled, or in distress in the waters of the United States contiguous to the Dominion of Canada: Provided, That this act shall not take effect until proclamation by the President of the United States that the privilege of aiding American or other vessels and property wrecked, disabled, or in distress in Canadian waters contiguous to the United States has been extended by the Government of the Dominion of Canada to American vessels and wrecking appliances of all descriptions.

This act shall be construed to apply to the canal and improvement of the waters between Lake Erie and Lake Huron, and to the waters of the Saint Mary's River and canal: And provided further, That this act shall cease to be in force from and after the date of the proclamation of the President of the United States to the effect that said reciprocal privilege has been withdrawn, revoked, or rendered

inoperative by the said Government of the Dominion of Canada. (20 Stat. 175. 26 Stat. 120. 27 Stat. 675.)

This was an act entitled "An act to aid vessels wrecked or disabled in the waters coterminous to the United States and the Dominion of Canada."

This act as originally enacted, was as follows:

"That Canadian vessels of all descriptions may render aid or assistance to Canadian or other vessels wrecked or disabled in the waters of the United States contiguous to the Dominion of Canada: Provided, That this act shall not take effect until proclamation by the President declaring that the privilege of aiding American or other vessels wrecked or disabled in Canadian waters contiguous to the United States has been extended by the Government of the Dominion of Canada and declaring this act to be in force: And provided further, That this act shall cease to be in force from and after the date of proc. lamation by the President to the effect that said reciprocal privilege has been withdrawn or revoked by said Government of the Dominion of Canada."

It was amended by Act May 24, 1890, c. 292, cited above, so as to read as set forth here, except that, besides making the act applicable to the canal and improvement of the waters between Lake Erie and Lake Huron, etc., it was also made applicable to the Welland Canal.

The amendment made by Act March 3, 1893, c. 211, § 1, cited above, con

sisted in striking out the provision relating to the Welland Canal. § 7989. (Res. Oct. 31, 1893, No. 13.) International agreement for

reporting, marking, and removal of derelicts, etc. That the President of the United States be, and he is hereby, authorized to make with the several governments interested in the navigation of the North Atlantic Ocean an international agreement providing for the reporting, marking, and removal of dangerous wrecks, derelicts, and other menaces to navigation in the North Atlantic Ocean outside the coast waters of the respective countries bordering thereon. (28 Stat. 13.)

This was a resolution entitled "Joint resolution for the reporting, marking,

and removal of derelicts." $ 7990. (Act Aug. 1, 1912, c. 268, § 1.) Salvage; remuneration not

affected by ownership of vessel. The right to remuneration for assistance or salvage services shall not be affected by common ownership of the vessels rendering and receiving such assistance or salvage services. (37 Stat. 242.)

This section and the four sections next following were an act entitled "An act to harmonize the national law of salvage with the provisions of the international convention for the unification of certain rules with respect to assistance and salvage at sea, and for other purposes."

Section 6 of said act provided that the act should take effect and be in

force on and after July 1, 1912. § 7991. (Act Aug. 1, 1912, c. 268, § 2.) Assistance to be rendered

by master; punishment for failure. The master or person in charge of a vessel shall, so far as he can do so without serious danger to his own vessel, crew, or passengers, render assistance to every person who is found at sea in danger of being lost; and if he fails to do so, he shall, upon conviction, be liable to a penalty of not exceeding one thousand dollars or imprisonment for a term not exceeding two years, or both. (37 Stat. 242.)

§ 7992. (Act Aug. 1, 1912, c. 268, § 3.) Salvors of life to share in

property saved. Salvors of human life, who have taken part in the services rendered on the occasion of the accident giving rise to salvage, are entitled to a fair share of the remuneration awarded to the salvors of the vessel, her cargo, and accessories. (37 Stat. 242.) § 7993. (Act Aug. 1, 1912, c. 268, § 4.) Time limit for salvage

suits. A suit for the recovery of remuneration for rendering assistance or salvage services shall not be maintainable if brought later than two years from the date when such assistance or salvage was rendered, unless the court in which the suit is brought shall be satisfied that during such period there had not been an reasonable opportunity of arresting the assisted or salved vessel within the jurisdiction of the court or within the territorial waters of the country in which the libelant resides or has his principal place of business. (37 Stat. 242.) § 7994. (Act Aug. 1, 1912, c. 268, $ 5.) Act not applicable to ships

of war, etc. Nothing in this Act shall be construed as applying to ships of war or to Government ships appropriated exclusively to a public service. (37 Stat. 242.)

(R. S. 88 4242-4247. Transferred to Title LV A.) These sections, providing for the establishment of life-saving stations, the appointment of superintendents and keepers, the employment of crews of surfmen, the care of boats, etc., are placed with subsequent provisions relating to the Life-Saving Service, post, under Title LV A, "The Life-Saving Service,” 88 8469, 8470, 8516, 8519, 8532, 8533.

(R. S. § 4248. Superseded.) This section provided that the life-saving stations at Narragansett Pier and Block Island, R. I., should be under the superintendent of life-saving stations for the coast of Long Island. It was superseded by Act May 4, 1882, c. 117, $ 4, which provided that there should be a superintendent for the district embracing the coasts of Rhode Island and Long Island, which in turn was superseded by Act June 6, 1900, c. 791, § 1, post, which provides for a superintendent for the coasts of Rhode Island and Fishers Island.

(R. S. § 4249. Transferred to Title LV A.) This section, providing for the establishment and supervision of life-saving stations, is placed, with R. S. 88 4242-4247, and subsequent provisions relating to the Life-Saving Service, post, under Title LV A, “The Life-Saving Service," 8 8471.

PART OWNER AND MASTER § 7995. (R. S. § 4250, as amended, Act Feb. 18, 1875, c. 80, $ 1.)

Removal of captain by owners of vessels. Any person or body-corporate having more than one-half ownership of any vessel shall have the same power to remove a master, who is also part owner of such vessel, as such majority owners have to remove a master not an owner. This section shall not apply where there is a valid written agreement subsisting, by virtue of which such master

would be entitled to possession, nor in any case where a master has possession as part owner, obtained before the ninth day of April, eighteen hundred and seventy-two.

Act April 9, 1872, c. 90, 17 Stat. 51. Act Feb. 18, 1875, c. 80, § 1, 18 Stat. 320.

This section was amended by Act Feb. 18, 1875, c. 80, 81, cited above, by striking out, after the words "obtained before the," the word "nineteenth," and inserting in place thereof the word “ninth," as set forth here.

WAGES ON CANAL BOATS § 7996. (R. S. § 4251.) Canal-boats not to be libeled for wages.

No canal-boat, without masts or steam-power, which is required to be registered, licensed, or enrolled and licensed, shall be subject to be libeled in any of the United States courts for the wages of any person who may be employed on board thereof, or in navigating the same.

Act July 20, 1846, c. 60, 8 1, 9 Stat. 38.

CHAPTER SIX
Transportation of Passengers and Merchandise
Sec.

Sec. 7997. Accommodations for steerage pas- 8002. Hospital compartments; surgeon, sengers in vessels from foreign

medicine, etc.; penalties. ports; limitation of number of 8003. Maintenance of discipline and steerage passengers; measure

cleanliness; exercise of passenment of space of passenger

gers; penalties. decks; violations of section 8004. Visiting parts of vessel occupied punishable; penalties.

by passengers forbidden; ex7998. Repeal of Act Feb. 20, 1907, c.

ceptions; penalties; copies of 1134, § 42, and, in part, of ss

section to be posted 43 and 44, of said act.

8005. Carrying explosives or other dan7999. (1) Berths for passengers.

gerous articles forbidden; ad(2) Number and construction; oc

imals, how carried; penalties. cupancy.

8006. (1) Boarding vessel on arrival. (3) Males; where berthed.

(2) Delivery of passenger lists on (4) Unmarried females; where

arrival; contents. berthed.

(3) Penalties. (5) Families.

8007. Boarding arriving vessels before (6) Berths to be numbered.

inspection; regulations. (7) Penalties.

8008. Penalty for violation of regula8000. (1) Light and air to passenger

tions. decks and compartments.

8009. Act supplementary to other pro(2) Ventilators.

visions. (3) Hatchways and companion- 8010. List of passengers to be submitways.

ted for inspection to customs (4) Caboose and cooking appar

officer, and to be delivered with atus.

manifest on entry of vessel. (5) Water-closets.

8011. Death of passengers; payment to (6) Penalties.

collector for each death; pen8001. (1) Food.

alty for failure to pay. (2) Number of meals per day. 8012. Inspection and examination of (3) Short allowance.

vessels; reports. (4) Milk for infants.

8013. Application of act to vessels (5) Tables and seats.

carrying passengers from Unit(6) Penalties.

ed States to foreign countries;

withholding clearance papers.

fec.
8014. Fines and penalties to be lien on

vessel; recovery,
8015. Time of taking effect of act; re-

peal; citation of act. 8016. Transportation of nitro-glycer

ine. 8017. Packing and marking nitro-glyc

erine. 8018. Regulation by States of traffic in

nitro-glycerine. 8019. Liability of masters, etc., as car

riers. 8020. Loss by fire. 8021. Liability of owner not to exceed

his interest. 8022. General average of losses. 8023. Transfer of interest of owner to

trustee. 8024. When charterer is deemed owner. 8025. Remedies reserved. 8026. Shipping inflammable materials.

Sec.
8027. Limitation of liability of owners

to apply to all vessels.
8028. Liability of owners of vessels for

debts limited. 8029. Clauses in bills of lading reliev

ing from liability for negli

gence, etc., prohibited. 8030. Clauses in bills of lading reliev

ing from exercise of due diligence in equipping, etc., vessels,

prohibited. 8031. Limitation of liability for errors

of navigation, dangers of the

sea, acts of God, etc. 8032. Bills of lading required to be is

sued; contents. 8033. Penalty for violations of act;

lien; recovery. 8034. Existing laws not repealed. 8035. Certain provisions of act not to

apply to transportation of live animals.

(R. S. $$ 4252-4277. Repealed.) R. S. & 4252, prescribed the space to be allotted to each passenger brought from any foreign port or place other than foreign contiguous territory of the United States to the United States. R. S. $ 4253, provided a penalty for the violation of section 4252. R. S. § 4254, required lockers and hospital compartments on each vessel. R. S. § 4255, regulated the number and size of the berths, and provided a penalty for violations of the section. R. S. § 4256, required deck houses on all vessels. R. S. $ 4257, required ventilators on vessels, and prescribed their number and size. R. S. $ 4258, required cooking ranges on all vessels. R. S. § 4259, provided a penalty for violations of sections 4256-4258. R. S. § 4260, prescribed the amount, kind, and quality of the provisions to be carried by each vessel. R. S. 8 4261, provided a penalty for violations of section 4260. R. S. § 4262, provided for the cooking and distribution of the provisions, and provided a penalty for violations of the section. R. S. § 4263, provided for the discipline and health of the passengers, and provided a penalty for violations of the section. R. S. $ 4264, as amended by Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 250, provided for the inspection of vessels upon their arrival, and extended the previous sections so as to make them applicable to steam-vessels carrying such passengers. R. S. $ 4265, extended the provisions of the previous sections to vessels carrying such passengers from any port in the United States to any port or place in the Pacific Ocean or its tributaries, or from any such place or port to any port in the United States on the Atlantic Ocean or its tributaries. R. S. § 4266, required lists of passengers to be delivered to the collector of the customs on arrival, and provided a penalty for refusals. R. S. 8 4267, required the lists of passengers to be delivered quarterly to the Secretary of State by the collectors of the customs. This section was repealed by Act May 7, 1874, c. 149, 18 Stat. 42, which further required collectors of customs to make returns from the manifests of passengers to the Secretary of the Treasury. R. S. § 4268, required the payment to the collector of customs upon arrival of ten dollars for every passenger above eight years of age, except cabin passengers, who should die on the voyage of natural disease, and provided for the disposition of the money so paid. R. S. $4269, provided a penalty for refusals to pay said ten dollars, and provided for its recovery. R. S. § 4270, made the penalties recoverable by the preceding section liens on the vessels, and provided for the libel of the vessels. R. S. $ 4271, extended the provisions of the preceding sections to vessels operated by colonization societies. R. S. $ 4272, provided for the examination of emigrant vessels upon their arrival. R.

« PreviousContinue »