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the name of each passenger, age (if a child of eight years or under), sex, married or single, location of compartment or space occupied during the voyage (if the passenger be other than a cabin passenger), whether a citizen of the United States, number of pieces of baggage, and if any passenger die on the voyage the list shall specify the name, age, and cause of death of each deceased passenger. (33 Stat. 711.)
This was the first section of an act entitled as an act to amend section 9 of Act Aug. 2, 1882, concerning lists of passengers, wbich section is set forth ante, $ 8006.
This act superseded the second paragraph of said section 9 of the Passenger Act of 1882, ante, $ 8006, by substituting, for the requirement of passenger lists by said paragraph, the requirement set forth here.
Section 2 of this act provided that the act should take effect July 1, 1905. § 8011. (Act Aug. 2, 1882, c. 374, § 10.) Death of passengers; pay
ment to collector for each death; penalty for failure to pay. In case there shall have occurred on board any such steamship or other vessel any death among such passengers during the voyage, the master or consignees of the vessel shall, within forty-eight hours after the arrival of the vessel within a collection district of the United States, or within twenty-four hours after the entry of the vessel, pay to the collector of customs of such district the sum of ten dollars for each and every such passenger above the age of eight years who shall have died on the voyage by natural disease; and the master or consignees of any vessel who neglect or refuse to pay such collector, within the times hereinbefore described, the sums of money aforesaid, shall be liable to a penalty of fifty dollars in addition to the sum required to be paid as aforesaid for each passenger whose death occurred on the voyage. All sums of money paid to any collector under the provisions of this section shall be by him paid into the Treasury of the United States in such manner and under such regulations as shall be prescribed by the Secretary of the Treasury. (22 Stat. 190.) § 8012. (Act Aug. 2, 1882, c. 374, § 11.) Inspection and examina
tion of vessels; reports. The collector of customs of the collection district within which, or the surveyor of the port at which, any such steamship or other vessel arrives, shall direct an inspector or other officer of the customs to make an examination of the vessel, and to admeasure the compartments or spaces occupied by the emigrant passengers, or passengers other than cabin passengers, during the voyage; and such measurement shall be made in the manner provided by law for admeasuring vessels for tonnage; and to compare the number of such passengers found on board with the list of such passengers furnished by the master to the customs officer; and the said inspector or other officer shall make a report to the aforesaid collector or surveyor, stating the port of departure, the time of sailing, the length of the voyage, the ventilation, the number of such passengers on board the vessel, and their native country, respectively; the cubic quantity of each compartment or space, and the number of berths and passengers in each space, the kind and quality of the food furnished to such passengers on the voyage; the number of deaths, and the age and sex of those who died during the voyage, and of what disease; and in case there was any unusual sickness or mortality during the voyage, to report whether the same was caused by any neglect or violation of the provisions of this act, or by the want of proper care against disease by the master or owners of the vessel; and the said reports shall be forwarded to the Secretary of the Treasury at such times and in such manner as he shall direct. (22 Stat. 190.) § 8013. (Act Aug. 2, 1882, c. 374, § 12.) Application of act to ves
sels carrying passengers from United States to foreign coun
tries; withholding clearance papers. The provisions of this act shall apply to every steamship or other vessel whereon emigrant passengers, or passengers other than cabin passengers, are taken on board at a port or place in the United States for conveyance to any port or place in a foreign country except foreign territory contiguous to the United States, and shall also apply to any vessel whereon such passengers are taken on board at any port or place of the United States on the Atlantic Ocean or its tributaries for conveyance to a port or place on the Pacific Ocean or its tributaries, or vice versa; and whether the voyage of said vessel is to be continuous from port to port or such passengers are to be conveyed from port to port in part by the way of any overland route through Mexico or Central America ; and the said collector of customs may direct an examination of the vessel to be made by an inspector or other officer of the customs, who shall make the examination and report whether the provisions of this act have been complied with in respect to such vessel, and the said collector is authorized to withhold the clearance of such vessel until the coming in of such report; and if the said report shall show that any of the provisions of this act have not been complied with, the collector is authorized and directed to withhold the clearance of such vessel until the said provisions are complied with; and if any such vessel leaves the aforesaid port or place without having been duly cleared by the collector of customs, the master shall be deemed guilty of a misdemeanor, and may be fined not exceeding one thousand dollars, and be imprisoned not exceeding one year, and the vessel shall be liable to seizure and forfeiture. (22 Stat. 191.) § 8014. (Act Aug. 2, 1882, c. 374, § 13.) Fines and penalties to be
lien on vessel; recovery. The amount of the several fines and penalties imposed by any section of this act upon the master of any steamship or other vessel carrying or bringing emigrant passengers, or passengers other than cabin passengers, for any violation of the provisions of this act, shall be liens upon such vessel, and such vessel may be libeled therefor in any circuit or district court of the United States where such vessel shall arrive or depart. (22 Stat. 191.) § 8015. (Act Aug. 2, 1882, c. 374, § 14.) Time of taking effect of
act; repeal; citation of act. This act shall come into operation and take effect ninety days
after the passage of this act; and sections forty-two hundred and fifty-two to forty-two hundred and seventy-seven, inclusive, of the Revised Statutes of the United States are, from and after said date, repealed; and this act may be cited for all purposes as "The passenger act, eighteen hundred and eighty-two.
." (22 Stat. 191.) See notes to section 1 of this act, ante, $ 7997. $ 8016. (R. S. § 4278.) Transportation of nitro-glycerine.
It shall not be lawful to transport, carry, or convey, ship, deliver on board, or cause to be delivered on board, the substance or article known or designated as nitro-glycerine, or glynoin oil, nitroleum or blasting oil, or nitrated oil, or powder mixed with any such oil, or fiber saturated with any such article or substance, upon or in any vessel or vehicle used or employed in transporting passengers by land or water between a place in any foreign country and a place within the limits of any State, Territory, or district of the United States, or between a place in one State, Territory, or district of the United States, and a place in any other State, Territory, or district thereof.
Act July 3, 1866, c. 162, § 1, 14 Stat. 81.
Knowingly transporting or delivering, or causing to be delivered, nitroglycerine, nitroleum, or blasting oil, or nitrated oil, or powder mixed with any such oil, or fibre saturated with any such substance or article, on board any vessel or vehicle employed in conveying passengers by land or water, between any place in a foreign country and any place within the United States, or between a place in one State, Territory, or district of the United States and a place in any other State, Territory, or district thereof, was punishable by R. S. $ 5353, which was incorporated into the Criminal Code in section 232 thereof, post, $ 10402, and was repealed by section 341 thereof, post, $ 10515.
When the death of any person was caused by the explosion of any quantity of such articles, or either of them, by the same being placed upon any vessel or vehicle to be transported in violation of R. S. § 5353, which was incorporated in the Criminal Code in section 232 thereof, post, $ 10402, and was repealed by section 341 thereof, post, & 10515, or while the same was being so transported, or while the same was being removed from any such vessel or vehicle, every person who knowingly placed or aided or permitted the placing of such articles on such vessel or vehicle to be so transported was guilty of manslaughter, and punishable by imprisonment for a period of not less than two years, by R. S. & 5354, which was incorporated into the Criminal Code in section 236 thereof, post, § 10406, and repealed by section 341 thereof, post, $ 10515.
Taking, carrying, or having on board of any steamship or vessel engaged in the transportation of passengers from foreign ports to ports of the United States of any nitro-glycerine, dynamite, or any other explosive article or compound, vitriol, or like acids, gunpowder, except for the ship's use, or any article or number of articles, whether as cargo or ballast, which, by reason of the nature, or quantity, or mode of storage, shall, either singly or collectively, be likely to endanger the health or lives of the passengers or the safety of the vessel, was forbidden by the Passenger Act of Aug. 2, 1882, c. 374, $
8, ante, $ 8005.
It shall not be lawful to ship, send, or forward any quantity of the substances or articles named in the preceding section, or to transport, convey, or carry the same by a vessel or vehicle of any description, upon land or water, between a place in a foreign country and a place within the United States, or between a place in one State, Territory, or district of the United States, and a place in any other State, Ter
ritory, or district thereof, unless the same shall 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.”
Act July 3, 1866, c. 162, § 3, 14 Stat. 82.
A penalty was provided for shipping, sending, or forwarding any quantity of the substances or articles named in R. S. § 4278, ante, & 8016, in any manner other than as provided by this section, by R. S. § 5355, which was incorporated into the Criminal Code in section 235 thereof, post, 8 10405, and was
repealed by section 341 thereof, post, $ 10515. § 8018. (R. S. § 4280.) Regulation by States of traffic in nitro
glycerine. The two preceding sections shall not be so construed as to prevent any State, Territory, district, city, or town 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.
Act July 3, 1866, c. 162, § 5, 14 Stat. 82. § 8019. (R. S. § 4281.) Liability of masters, etc., as carriers.
If any shipper of platina, gold, gold dust, silver, bullion, or other precious metals, coins, jewelry, bills of any bank or public body, diamonds, or other precious stones, or any gold or silver in a manufactured or unmanufactured state, watches, clocks, or time-pieces of any description, trinkets, orders, notes, or securities for payment of money, stanips, maps, writings, title-deeds, printings, engravings, pictures, gold or silver plate or plated articles, glass, china, silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with any other material, furs, or lace, or any of them, contained in any parcel, or package, or trunk, shall lade the same as freight or baggage, on any vessel, without at the time of such lading giving to the master, clerk, agent, or owner of such vessel receiving the same a written notice of the true character and value thereof, and having the same entered on the bill of lading therefor, the master and owner of such vessel shall not be liable as carriers thereof in any form or manner; nor shall any such master or owner be liable for any such goods beyond the value and according to the character thereof so notified and entered.
Act Feb. 28, 1871, c. 100, $ 69, 16 Stat. 458.
The insertion in bills of lading of provisions relieving from all liability for loss or damage arising from negligence, fault, or failure in proper loading, stowage, custody, care, or proper delivery of merchandise, and avoiding the obligation to exercise due diligence in equipping, manning, provisioning, and outfitting the vessel, to make the vessel seaworthy, to carefully handle and stow the cargo, and to care for and properly deliver it, was provided for by the Harter Act of Feb. 13, 1893, c. 105, 88 1, 2, post, 88 8029, 8030. Section 3 of said act provided that the vessel, her owners, agents, or charterers, should not be liable for damage or loss resulting from faults or errors in navigation, losses arising from the dangers of the sea, acts of God or the public enemy, or the inherent defects, quality, or vice of the things carried, or from insuffi
ciency of package, or seizure under legal process, or for loss resulting from any act or omission of the shipper or owner of the goods, his agent or representative, or from saving or attempting to save life or property at sea. Section 4 of said act required bills of lading to be given, and prescribed their contents. Section 5 prescribed a penalty for violations of the act. Section 6 provided that existing laws should not be held to be repealed or modified by the act. Said sections 3–6 of said Harter Act are also set forth post, $$
8031-8034. § 8020. (R. S. § 4282.) Loss by fire.
No owner of any vessel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner.
Act March 3, 1851, c. 43, & 1, 9 Stat. 635.
and of R. S. 88 4283-4288, post, &$ 8021–8026, were made applicable to all seagoing vessels, and all vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters, by R. S. § 4289, as amended by Act June 19, 1886, c. 421, $ 4, post, $ 8027.
See, also, notes to R. S. § 4281, ante, $ 8019. § 8021. (R. S. § 4283.) Liability of owner not to exceed his in
terest. The liability of the owner of any vessel, for any embezzlement, loss, or destruction, by any person, of any property, goods, or merchandise, shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, lost, damage, or forfeiture, done, occasioned, or incurred, without the privity, or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel, and her freight then pending.
Act March 3, 1851, c. 43, $ 3, 9 Stat. 635.
The individual liability of a shipowner was limited to the proportion of any or all debts and liabilities that his individual share of the vessel bore to the whole, and the aggregate liabilities of all the owners were not to exceed the value of the vessel and freight pending, by Act June 26, 1884, c. 121, § 18, post, $ 8028.
See, also, notes to R. S. $ 4281, ante, & 8019. § 8022. (R. S. § 4284, as amended, Act Feb. 27, 1877, c. 69, § 1.)
General average of losses. Whenever any such embezzlement, loss, or destruction is suffered by several freighters or owners of goods, wares, merchandise, or any property whatever, on the same voyage, and the whole value of the vessel, and her freight for the voyage, is not sufficient to make compensation to each of them, they shall receive compensation from the owner of the vessel in proportion to their respective losses; and for that purpose the freighters and owners of the property, and the owner of the vessel, or any of them, may take the appropriate proceedings in any court, for the purpose of apportioning the sum for which the owner of the vessel may be liable among the parties entitled thereto,
Act March 3, 1851, c. 43, § 4, 9 Stat. 635. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 251.
This section was amended by Act Feb. 27, 1877, c. 69, § 1, by striking out,