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of over two hundred tons, and not less than five hundred tons burden, shall carry not less than twenty-four buckets, four water-barrels, and six axes; and every such steamer of over five hundred tons shall carry not less than thirty-five buckets, six water-barrels, and eight axes. The buckets and barrels shall be kept in convenient places and filled with water, to be in readiness in case of fire, and the axes shall be kept in good order and ready for immediate use. Tanks of suitable dimensions and arrangement, or buckets in sufficient number, may be substituted for barrels.

Stairways and gangways on riv.

on main deck.

car

rying passengers Ibid., s. 9.

SEC. 4484. Every such steam-vessel carrying passengers on the main-deck shall be provided with perma- er-steamers nent stairways and other sufficient means, convenient to the passengers, for their escape to the upper deck, in case of the vessel sinking or of other accident endangering life; and in the stowage of freight upon such deck, where passengers are carried, gangways or passages, sufficiently large to allow persons to pass freely through them, shall be left open both fore and aft of the vessel, and also to and along the guards on each side.

SEC. 4485. The captain or mate of every such steamvessel carrying passengers upon the main-deck shall assign to all deck-passengers, when taking passage, the space on deck they may occupy during the voyage, and such space shall not thereafter be occupied by freight, nor overcrowded by other persons, nor shall freight be stowed about the boilers or machinery, in such a manner as to obstruct or prevent the engineer from readily attending to his duties.

SEC. 4486. For every violation of the provisions of the two preceding sections the owners of the vessel shall be punished by a fine of three hundred dollars.

Accommodation of deck-passengers.

Ibid.

Penalty for not providing proper accommodations for passengers. Ibid.

River-steamers to be anchored

is unsafe.
Ibid., s. 42, p. 453

SEC. 4487. On any steamers navigating rivers only, when, from darkness, fog, or other cause, the pilot or when navigation watch shall be of opinion that the navigation is unsafe, or from accident to or derangement of the machinery of the boat, the chief engineer shall be of the opinion that the further navigation of the vessel is unsafe, the vessel shall be brought to anchor, or moored as soon as it can prudently be done: Provided, That if the person in command shall, after being so admonished by either of such officers, elect to pursue such voyage, he may do the same; but in such case both he and the owners of such steamer shall be answerable for all damages which shall arise to the

Life-boats, &c., on ocean, lake,

ers.

person of any passenger, or his baggage, from such causes in so pursuing the voyage, and no degree of care or diligence shall in such case be held to justify or excuse the person in command, or the owners.

SEC. 4488. Every steamer navigating the ocean, or any and sound steam- lake, bay, or sound of the United States, shall be providIbid., s. 52, p. 455. ed with such numbers of life-boats, floats, rafts, life-preservers, and drags, as will best secure the safety of all persons on board such vessel in case of disaster; and every sea-going vessel carrying passengers, and every such vessel navigating any of the northern or northwestern lakes, shall have the life-boats required by law, provided with suitable boat-disengaging apparatus, so arranged as to allow such boats to be safely launched while such vessels are under speed or otherwise, and so as to allow such disengaging-apparatus to be operated by one person, disengaging both ends of the boat simultaneously from the tackles by which it may be lowered to the water. And the board of supervising inspectors shall fix and determine, by their rules and regulations, the kind of lifeboats, floats, rafts, life-preservers, and drags that shall be used on such vessels, and also the kind and capacity of pumps or other appliances for freeing the steamer from water in case of heavy leakage, the capacity of such pumps or appliances being suited to the navigation in which the steamer is employed.

Penalty for failnre to provide lifeboats, &c.

Ibid.

bulkheads in lake

passengers. Ibid., s. 53.

SEC. 4489. The owner of any such steamer who neglects or refuses to provide such life-boats, floats, rafts, life-preservers, drags, pumps or appliances, as are, under the provisions of the preceding section, required by the board of supervising inspectors, and approved by the Secretary of the Treasury, shall be fined one thousand dollars.

Water-tight SEC. 4490. Every sea-going steamer, and every steamer steamers carrying navigating the great northern or northwestern lakes, carrying passengers, the building of which shall be completed after the twenty-eighth day of August, eighteen hundred and seventy-one, shall have not less than three watertight cross-bulk-heads, such bulk-heads to reach to the main-deck in single-decked vessels, otherwise to tho deck next below the main-deck; to be made of iron plate`, 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.

.

Use of instruments for securi

Ibid., s. 11, p.

SEC. 4491. No kind of instrument, machine, or equipment, for the better security of life, provided for by this ty of life. Title, shall be used on any steam-vessel which shall not 445. first be approved by the board of supervising inspectors, and also by the Secretary of the Treasury.

Barges carrying

Ibid., s. 46, p. 453.

ter and Owners

passengers.
Ibid., s. 43.

to

SEC. 4492. Every barge carrying passengers, while in tow of any steamer, shall be subject to the provisions of passengers. 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 one-half for the use of the informer. SEC. 4493. Whenever damage is sustained by any pas- Liability of massenger or his baggage, from explosion, fire, collision, or for damage 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, or through known defects or imperfections of the steaming-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. [See § 5344.]

SEC. 4494. Every master or commander of any steamvessel carrying 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 the Treasury; 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.

Two copies of this Title to be

kept on each pas

senger-steamer. Ibid., s. 50, p.

445.

Name of steamer to be exhibited. Ibid., s. 50, p.

SEC. 4495. 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 let- 455. ters, of not less than six inches in length, on each outer side of the pilot-house, if it has such, and in case the vessel has side-wheels, also on the outer side of each wheelhouse; 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

Duties of customs officers.

having her name, and the name of the port to which she belongs, painted on her stern.

SEC. 4496. All collectors, or other chief officers of the Ibid., s. 30, p. customs, and all inspectors within the several districts, shall enforce the provisions of this Title against all steamers arriving and departing.

450.

Penalty for omission of duty by customs officer.

Ibid.

Registry,enrollment, &c., denied

SEC. 4497. 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.

SEC. 4498. No license, register, or enrollment shall be to vessels not com- granted, nor any other papers be issued, by any collector plying with the law. or other chief officer of the customs, to any vessel propellIbid., s. 1, p. 440. ed in whole or in part by steam, until he shall have satisfactory evidence that all the provisions of this Title have been fully complied with.

Penalty for failure to comply.

Ibid.

Penalty in cases not provided for.

458

SEC. 4499. 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.

SEC. 4500. The penalty for the violation of any provisIbid., s. 68, p. ion of this Title, not otherwise specially provided for, shall be a fine of five hundred dollars, recoverable onehalf for the use of the informer

INDEX.

THE REFERENCES ARE TO THE SECTIONS.

SECTIONS.

ABATEMENT, effect of a joint deposit, 56, 169, 388.

death of a joint bailee, 116.
return under a joint bailment, 169,
388.

joint property, 416. ACCEPTANCE, on return after conversion, 407, 59, 60, 61.

of trust for third person, 100.
of a consignment of goods, 591-593.
of goods by consignee from carrier,
672-677.

special, by common carrier, 552-
595, 609.

of goods made to order, 410-413. ACCESSION, right or title by, 52.

increase or increment, 163, 403.
to be accounted for by pledgee, 300.
to chattels repaired, 419.

when things are made on shares,
447, 416.

ACCIDENT, INEVITABLE, not same as act of God, 537-546.

bailees not liable for loss by, 148

[blocks in formation]

SECTIONS.

ACT OF GOD, bringing goods under, 541 obstructions in channel, 542.

losses by fire-exceptions by sta-
tute, 543.

violent acts of nature, 544.
effect of on freight, 545.

not equivalent to sea-perils, 546. ACTS OF CONVERSION; see Conversion, Trover.

ACTION, what parties may bringbailees, 35, 37.

trespass or trover, 38, 39.

election of, 39, 111, 101, 113, 156.
statute of limitations, 40-42.
by a third person, when, 100.
by whom to be brought, 96-105.
against depositary, 40-42.
against mandatary, 96-105.
affects burden of proof, 101, 106-110.
by what party, 102-105.

forms of action, 101, 102, 110, 113.
against borrower, 143-169, 174.
against third parties, 170.

on debt secured by pledge, 231.
on collaterals, 241-244.

to foreclose a pledge, 279, 297.
to redeem pledge, 313-315.
by mortgagor to redeem, 181, 313.
by pledgee in equity, 317.
by common carrier, 614.

against common carriers, 655-677,
583.

ADVERSE CLAIMANTS, filing a bill of interpleader to bring in, 55. AFFREIGHTMENT, contracts of, 481. AGENTS AND FACTORS, powers of, 214218.

resemblance between factor and
pledgee, 275-278.
right to sell, 288-293.

agents for collection, 90, 91, C07.
under a direction, C. O. D., 623.
where a carrier assumes special du
ties, 607.

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