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provided in section forty-four hundred and fifty-three. No vessel required to be inspected under the provisions of this Title shall be navigated without having on board an unexpired regular certificate of inspection or such temporary certificate: Provided, however, That any such vessel operated upon a regularly established line from a port of the United States to a port of a foreign country not contiguous to the United States whose certificate of inspection expires at sea or while said vessel is in a foreign port or a port of the Philippine Islands or Hawaii may lawfully complete her voyage without the regular certificate of inspection or the temporary certificate required by this section, and no liability for penalties imposed by this Title for want of such certificate shall be incurred until her voyage shall have been completed: Provided, That said voyage shall be so completed within thirty days after the expiration of said certificate or temporary certificate: Provided further, That no such vessel whose certificate of inspection shall expire within fifteen days of the date of her sailing shall proceed upon her voyage to such port of a foreign country not contiguous to the United States without first having procured a new certificate of inspection or the temporary certificate required by this section. (R. S. 4421; June 11, 1906; June 25, 1910; Mar. 4, 1915, sec. 1.)
The original certificate of inspection delivered to the master or owner of a steam vessel shall be placed by such master or owner in a conspicuous place in the vessel where it will be most likely to be observed by passengers and others, and there kept at all times, framed under glass, as evidence of the authority thereby conferred : Provided, however, That where it is not practicable to so expose said certificate, it shall be carried in the vessel in such manner as shall be prescribed by the regulations established by the Board of Supervising Inspectors with the approval of the Secretary of Commerce. (R. S. 4423; Mar. 3, 1905, sec. 3; Mar. 4, 1915, sec. 3.)
Whenever any passenger is received on board any steam vessel not having an unexpired certificate of approval or an unexpired temporary certificate of approval placed and kept as required by this Title, or whenever any passenger steam vessel receives or carries any gunpowder on board, not having a certificate authorizing the same, placed and kept as required, or shall carry any gunpowder at a place or in a manner not authorized by such certificate, such steam vessel shall be liable to a penalty of $100 for each offense. (R. S. 4424; Mar. 4, 1915, sec. 4.) Exhibit of Laws.
Every master, or commander of any steam vessel carrying passengers shall keep on board of such vessel at least two copies of the provisions of this Title [R. S. 4399-4500], 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. (R. S. 4494.) Inspectors and Officers of Steam Vessels.
Each supervising inspector shall watch over all parts of the territory assigned to him, shall visit, confer with, and examine into the doings of the local boards of inspectors within his district, and shall instruct them in the proper performance of their duties; and shall, whenever he thinks it expedient, visit any vessels licensed, and examine into their condition, for the purpose of ascertaining whether the provisions of this Title [R. S. 4399–4500] have been observed, and complied with, both by the board of inspectors and the master and owners. All masters, engineers, mates, and pilots of such vessels shall answer all reasonable inquiries, and shall give all the information in their power in regard to any such vessel so visited, and her machinery for steaming, and the manner of managing both. (R. S. 4406.)
Whenever a supervising inspector ascertains to his satisfaction that any master, mate, engineer, pilot, or owner of any steam ves el fails to perform his duties according to the provisions of this Title [R. S. 4399–4500], he shall report the facts in writing to the board of local inspectors in the district where the vessel was inspected or belongs; and, if need be, he shall cause the negligent or offending party to be prosecuted; and if the supervising inspector has good reason to believe there has been, through negligence or any other cause, a failure of the board which inspected the vessel to do its duty, he shall report the facts in writing to the Secretary of Commerce who shall cause immediate investigation into the truth of the complaint, and, if he deems the cause sufficient, shall remove any officer found delinquent. (R. S. 4407.)
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. (R. S. 4447.)
All officers licensed under the provisions of this title [R. S. 4399– 4500] shall assist the inspectors in their examination of any vessel to which such licensed officers belong and shall point out all defects and imperfections known to them in the hull, equipments, boilers, or machinery of such vessel, and shall also make known to the inspectors at the earliest opportunity all accidents or occurrences producing serious injury to the vessel, her equipments, boilers, or machinery, and in default thereof the license of any such officer so neglecting or refusing shall be suspended or revoked.
No inspector or supervising inspector receiving information from a licensed officer who is employed on any vessel as to defects in such vessel, or her equipments, boilers, or machinery, or that any provision of this Title is being violated, shall impart the name of such licensed officer, or the source of his information, to any person other than his superiors in the Steamboat Inspection Service. Any inspector or supervising inspector violating this provision shall be subject to dismissal from the service. (R. S. 44.48; Mar. 3, 1915.)
If any licensed officer shall, to the hindrance of commerce, wrongfully or unreasonably refuse to perform his official duties after having signed articles or while employed on any vessel as authorized by the terms of his certificate of license, or if any pilot or engineer shail 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 license." (R. S. 4449; Mar. 3,
. 1905, sec. 5; Mar. 3, 1915.)
The local boards of inspectors shall investigate all acts of incompetency or misconduct committed by any licensed officer while acting under the authority of his 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 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 [R. S. 4399–4500], they shall immediately suspend or revoke his license. (R. S. 4450.) Liability for Damage.
Whenever damage is sustained by any passenger, or his baggage, from explosion, fire, collision, or other 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 [R. S. 4399–4500), or through known defects, or imperfections of the steam apparatus or of the hull; and any person sustaining loss, or injury through the carelessness, 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. (R. S. 4493.) Enforcement and Penalty.
All collectors, or other chief officers of the customs and all inspectors within the several districts, shall enforce the provisions of this Title [R. S. 4399-4500] against all steamers arriving and departing. (R. S. 4496.)
Every collector, or other chief officer of the customs, or 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.)
If any vessel propelled in whole or in part by steam be navigated without complying with the terms of this Title (Regulation of steam vessels, R. S. 4399–4500], 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 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 [R. S. 1399–4500] 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. (R. S. 4499; Mar. 3, 1905, sec. 4.)
The penalty for the violation of any provisions of this Title [R. S. 4399–4500), not otherwise specially provided for, shall be a fine of five hundred dollars, recoverable one-half for the use of the informer. (R. S. 4500.)
Accommodations for Steerage Passengers,
It shall not be lawful for the master of any vessel whereon steerage passengers have been taken at any port or place in a foreign country or dominion (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and passengers to or take from any port or place in the United States unless the compartments, spaces, and accommodations hereinafter mentioned have been provided, allotted, maintained, and used for and by such passengers during the entire voyage, unobstructed by cargo, stores, or goods. The master of a vessel coming to a port or place in the United States in violation of any of the provisions of this section shall be deemed guilty of a misdemeanor; and if the number of steerage passengers carried or brought in the vessel, or in any compartment, space, poop, or deck house hereof, is greater than the number allowed to be carried or brought therein, respectively, as hereinafter prescribed, the said master shall be fined fifty dollars for each and every such passenger in excess of the proper number, and may also be imprisoned not exceeding six months.
In computing the number of passengers carried or brought in any vessel, children under one year of age shall not be included, and two children between one and eight years of age shall be counted as one passenger; and any person brought in such vessel who shall have
during the voyage, taken from any other vessel wrecked or in distress on the high seas, or have been picked up at sea from any boat, raft, or otherwise, shall not be included in such computation.
Second. The expression“ steerage passenger” means all passengers except cabin passengers, and persons shall not be deemed cabin passengers unless the space allotted to their exclusive use is in the proportion of at least thirty-six clear superficial feet to each passenger.
Third. The expression “ lowest passenger deck” means the deck next below the water line; and the expression
passenger deck includes every deck or portion of a deck which is above the lowest passenger deck, and is appropriated for passengers.
Fourth. A vessel shall not carry passengers, whether cabin or steerage passengers, on more than one deck below the water line.
Fifth. The height between that part of any deck on which steerage passengers are carried and the deck immediately above it shall not be less than six feet.