DEPARTMENT OF COMMERCE BUREAU O* NAVIGATION ft. ur-s NAVIGATION LAWS OF THE UNITED STATES 1915 WASHINGTON GOVERNMENT PRINTING OFFICE 1915 ADDITIONAL COPIES OK THIS I'Uil. It \T!d\ MAY UK l'i:! DOCI MK.NTS OOVKKNMKNT 1'UINTr-- ^AS!lINn:i-:.\f <>K XA\ K:\TION, Washington^ />. #., Un 7.s' : .191 ~>. SIR: The edition of tlio Navigation Laws for 19ir> has been pre- pared in substantially the same form as the editions of 1895. 1890, 190.,. 1907. and 1911. which proved to he convenient for the use of collectors of customs, shipping commissioners, the masters, owners, and agents of vessels, seamen, and others directly interested in ves- sels, their officers, crews, passengers, and cargo. As in the five former editions, the effort has been made to include in this volume only laws actually in force. Where sections of the Kevised Statutes or other laws have been specifically repealed or amended by subsequent legislation the repealed portions of the law are omitted, and the present, not the original, reading of amended sections is adopted. The effort has been made to confine the law included in this volume to the navigation law, meaning by that term the law relating to tres sels, with which owners, masters, and agents should be acquainted. The line between this law and the customs law is not always clearly defined. The laws directly relating to duties on imports and to in- voices are not included in this volume, while those relating to entry, clearance, manifests, and transportation by water have been com- prised within its limits. The respective jurisdictions of the Secretary of the Treasury and the Secretary of Commerce are more clearly defined than heretofore. The provisions of the so-called seameivs act of March I, 1015, have been incorporated in the volume, although those provisions do not take effect as to vessels of the United States until November 4, 1915, and as to foreign vessels until March 4, 1910. except vessels of foreign nations under treaties and conventions, articles of which must be ab- rogated before the act becomes applicable to such vessels. As abroga- tion of such treaties and conventions usually requires a year's notice, in the case of vessels of some foreign nations portions of the act will not be applicable before July 1, 1910. 3 3G4904 4 NAVIGATION LAWS OF THE UNITED STATES. The scheme of arrangement will appear from the table of con- tents. The law has been divided into large divisions by subjects, called parts, while these parts have been subdivided into headed paragraphs. For further convenience of reference is published a table of -laws, giving the sections of the Kevised Statutes and subsequent laws which have been included in this compilation, the date of enactment and amendment, together with the page of this compilation on which they may be found. The table of laws may be found at the end of the volume, together with the usual alphabetical index. A marginal reference gives the number of the section of the Revised Statutes included in each paragraph, or the date and section of the act, if ( enacted subsequent to the Revised Statutes, with the date of amenda- tory acts which have been incorporated, if practicable, in the para- graph. Where reference is made in a paragraph to a title or chap- ter of the Revised Statutes the numbers of the sections comprised in such title or chapter have been printed in brackets. Reference to the table of laws, at the end of the volume, will show which of those sections have been included in this volume as pertinent or in force, and will also show the page where they may be found. Fees, payable by the masters and owners of vessels of the United States, were in most instances abolished in 1886 and 1890, and according!}^ the stat- utes imposing such fees are not retained in this compilation, though they furnish a basis on which officers are compensated from the Treasury for services. Respectfully. EUGENE TYLER CIIAMBKKLAIX. Commissioner. To Hon. WILLIAM C. REDFIELD, Secretary of Commerce. CONTENTS, PAUT I. VESSELS. p 1 . Definition of vessel 15 2. Veaaelfl of the United States 15 3. Registered vessels 1 ."> 4. Provisional certificates of registry hi 5. Repeal of penalties 17 6. Repaired wrecks 17 7. Prohibitions 18 8. Whaling vessels 18 9. Enrolled and licensed vessels 18 10. Licensed vessels under 20 tons 19 1 1 . Undocumented vessels 19 12. Yachts 19 13. Official number 21 14. Name of vessel 21 15. Change of name 22 ige igh 16. Draught 22 PART II. MEASUREMENT. 1 7. Measurement 23 1 8. Gross tonnage 24 19. Deck houses, breaks, etc 26 20. Hatchways 26 2 1 . Between decks 26 22. Open vessels 1 . 27 23. Water ballast , 27 24. Net tonnage 27 25. Crew accommodations 27 26. Deductions for other purposes 29 27. Deductions for propelling power 30 28. Register tonnage 29. Appendix of measurement 31 30. Vessels exempt from measurement 3 1 . Measurement of foreign vessels 32 32. Exemption from measurement 32 PART III. DOCUMENTS OP VESSELS. 33. Carpenter's certificate 34. Oath of owner 33 35. Master's oath of citizenship 36. Place of registry 34 37. Form of register 38. Custody and surrender of register 37 39. Registers to corporations 40. Change of owner 39 41. Change of build 42. Change of master 39 43. Mortgage and bill of sale 40 44. Sale to alien 41 45. Loss of register 41 46. Failure to deliver former register 42 47. Cancellation of register 42 5 6 CONTENTS. Page. 48. Change of trade 43 49. Method of enrollment and license 43 50. Oath of master and owner 44 51. Fees 44 52. Form of enrollment 44 53. Form of license 45 54. Duration of license 46 55. Surrender of license 46 56. Enrollment and license to corporations 47 57. Change of owner 48 58. Change of master 48 59. < Vrt.ification by customs officer 48 60. Enrollment outside of district 48 61. Special provisions for enrollment and license 49 62. Inspection of enrollment ajid license 50 63. Ileeord of American-built vessels owned by aliens 50 64. < M'fenses against the registry law 52 65. Offenses against enrollment ajid license laws 53 PART IV. OI-IK KI:S OF MKRCHANT vi 66. Citizenship of officers 54 67. Duration of licenses ; 55 68. Service during war 55 69. Officer's license .- . 56 70. Master's license 56 71. Mate's license 57 72. Engineer's license 57 73. Pilot's license 57 74. Master or mate acting as pilot 58 75. Oath of officer 58 76. Removal of master 58 PART V. MERCHANT SEAMEN. 77. Definitions 59 78. Exemptions from militia duty 59 79. Naturalization and citizenship of seamen 60 80. Shipping officer* 60 81. Illegal shipments r,l 82. Owners or masters may ship seamen in certain cases (\~2 83. Apprentice! (V2 84. Agreement to ship in foreign trade <;:; 85. Period of eni^ement G4 86. Penalty for shipment without agreement 87. Shipment in foreign ports before consuls i'^ . 88. Crew list 66 89. Failure to produce crew (id 90. Papers relating to crew (17 91. Shipment of seamen in the coasting or near-by foreign trade 92. Agreement in eo;ist in<_r trade not In-fore commissioner i!) 93. Agreement, with fishermen 70 94. Discharge in foreign trade 7'J 95. Discharge in foreign purl* 72 96. \\ a-es 71 97. Vessels exeiimt \r\\\ Iilx-1 for wairi-s 98. Ad vances and allotments of \va^es 7S 99. \V:i^i-s Uld Clothing exempt fn.m attachment. 100. DoHertinji of seamen ;ihnad 80 101. Desertion of foreign seamen in the I nited States SO .102. 1 1* -p. -a 1 of treatiefl and convent.ions SI 108. Arbitration before shipping commj si 104. Soliciting lodgen 82 105. "Return of Heamen from foreign port-, Alaska, and in-nlar ports 106. Effects of decc no 107. Offenses and punishment! 86 CONTENTS, 7 Page. 108. Corporal punishment prohibited 89 109. Procedure 89 110. Form of articles of a-ivrmenl !)() 111. Account of apprentices on board i 112. Scale of provisions to be allowed and served oiii io <-re\\ during I he- voyage 92 113. Certificate of discharge 93 114. Sick and disabled seamen 93 115. Jurisdiction over American seamen in f.. reign ports and foreign seamen in American ports 116. Seamen's witness fees 96 117. Manning of merchant- vessels 97 118. rndormanning 1)1) 119. Fellow-servant clause 0!) PART VI. SEAWORTHINESS, SIITUKS, i<><; HOOK. 120. Unseaworthy vessels 100 121. 'Inspection of hulls and equipment loo 122. Seagoing barges _ l()l 123. 'Inspection of seaworthiness at, domes I ic ports 10'.' 124. Inspection of seaworthiness at. foreign ])orts 104 125. Provisions and water 105 126. Weights and measures 107 127. Medicines and antiscorbutics 1 07 128. Slop chest 107 129. Warmth and clothing 108 130. Logbook . 108 PART VII. LIABILITY OF OWNERS, MASTERS, AND SHIPPERS. 131. Liability of owners, masters, and shippers 110 132. Act of February 13, 1893 (Ilarter Act) II:! 133. General libel bond 113 PART VIII. INSPECTION OF STEAM VESSELS. 134. General provisions \\:, 135. Inspection of registered foreign -built vessels I L'O 136. Manning of inspected vessels ll>| 137. Inspection of hulls and equipment 122 138. Inspect ion of boilers 122 139. Loading safety valve 126 140. Water-tight bulkheads 126 141. Lifeboats, lines, and life preservers 126 142. Stairways and deck room 145 143. Wire tiller ropes I K; 144. Protection against fire 146 145. Inflammable or explosive cargo 148 146. Carriage of passengers 153 147. Certificate of inspection 154 148. Exhibit of laws 156 149. Inspectors and oflicers of steam vessels 156 150. Liability for damage 157 151. Enforcement and penalty 158 PART IX. PASSENGER ACT OF 1SS2. 152. Accommodations 15!) 153. Light and air 1 1;2 154. Provisions 163 155. Medical attendance. . .*. ]i\:\ 156. Discipline and cleanliness I r, 1 157. Privacy of passengers 1 (;."> 158. Explosives; cattle 165 CONTENTS. 159. Boarding vessel; passenger list 166 160. Death of passenger 161. Inspection 167 162. Penalties 168 PART X. GENERAL PILOT LAWS. 163. General pilot laws 169 PART XI. TONNAGE TAX. 164. Rates of tax 171 165. Exemptions from tonnage tax 166. Discriminating tonnage taxes 167. Alien tonnage taxes (in exceptional cases) 168. Light money (in exceptional cases) 169. Consular tonnage charges 174 170. Refund of tonnage tax 174 PART XII. DISCRIMINATION AND RETALIATION. 171. Discrimination against American vessels 175 172. Discrimination against American fishing vessels 175 173. Discrimination against products of the United States 177 174. Discrimination on Canadian canals 177 175. Vessels of nations not assimilated by treaty to American vessels 178 176. Discriminating duties ." 179 PART XIII. ENTRY AND CLEARANCE. 177. Clearance 180 178. Master's oath 180 179. Form of outward manifest 181 180. Form of clearance 182 181. State inspection laws 182 182. Manifests in Alaskan and insular trades 182 183. Bullion and coin 182 184. Live-oak timber 183 185. Fees 183 186. Enrolled and licensed vessels in foreign trade 183 187. Oath of ownership on entry 184 188. Deposit, of papers 185 189. War documents; passports; sea letters 186 190. Illegal boarding of vessel 187 PART XIV. CUSTOMS LAWS DIRECTLY IIKI.ATIM; TO VKSSKI.S. 11. Boarding and search of vessel 188 192. Seizure of vessels or merchandise 189 193. Exemption from forfeiture 192 194. Procedure in cases of fines, penalties, ami forfeitures 192 195. Moieties Informer.-.' and customs officers' awards 193 196. Procedure !!:> 197. Oaths of iiia.-ti-rs and owners 1<)7 PART XV. KNTUY >i \i i:i:< n.\\ i 198. Definitin 198 199. Ports of entry !!)! 200. Vewela botmd to port of deli very I'M) 201. "Report and deehiratimi of nia-ter !!)(> 202. Special in Ward manifest fur Treasury 1 >ej, :1 n meni .... 200 203. Cargo in bulk ... 201 204. Bond of cargo for reexport ... 201 205. Inspection of iiu-n-liandis*! laden for export 206. Transfer of imported merchandise for export 207. Delivery of cargo in various (list ricts 202 208. Vessels exempt from entry 203 CONTENTS. 9 Page. 209. Vessels exempt from certain charges 204 210. Entry of wines and distilled spirits 204 211. Sea stores 204 212. Coal 205 213. Baggage and tools of trade 205 214. Cigars 206 215. Oaths 206 216. Inward manifests ; 207 217. Inspection of inward manifests by boarding officer 208 218. Entry of merchandise at special ports 210 219. Clearance at special ports 215 220. Entry of merchandise for different port of destination 215 221 . Comparison of cargo and manifest 216 222. Illegal unlading. 216 223. Special permit to unlade by night and preliminary entry 217 224. Unlading by day 219 225. Supervision of unlading 220 226. Limit of time for unlading 222 227. Unlading of wines and spirits 223 228. Post entry. 223 229. Returns of unlading of cargo 224 230. Vessels in distress 224 23 1 . Obstruction by ice 225 232. Unlawful removal of bonded merchandise 226 233 . Transportation in bond 226 234. Transportation to special ports 235. Immediate delivery 229 236. Immediate transportation 237. Salvage of merchandise 233 238. Fraudulent importation of merchandise 233 239. Bribery and solicitation of bribes 240. Express packages 241 . Liens for freight or general average 236 PART XVI. TARIFF PROVISIONS DIRECTLY RELATING TO VESSELS. 242. Coal 237 243. Shipbuilding materials 237 244. Materials for repairs 245. Sunken merchandise 238 246. Supplies 247. Sea stores and equipments 239 248. Motor boats, racing shells, and similar craft 239 PART XVII. CONSULS' SERVICES TO VESSELS. 249. Consuls' services to vessels 240 250. Naval officer acting as consul 241 PART XVIII. COMMERCE WITH CONTIGUOUS COUNTRIES. 251 . Size of foreign-trade vessels 242 252. Evasion of coasting laws on the lakes and frontiers 242 253. Inward manifests 254. Customs inspection 255. Customs seals on frontier 244 256. Transfer of cargo 257. Sea stores 258. Saloon stores 259. Duties on repairs 260. Entry from one district to another 261 . Discharging cargo and passengers 250 262. Steam tugs 250 263. Forms and penalties 264. Touching at foreign ports 265. Foreign merchandise coastwise 251 266. Special provisions for British North America 251 10 CONTENTS. PART XIX. DOMESTIC COMMERCE. 267. Great districts ....................................................... 252 268. Clearance within a great district ...................................... 252 269. Entry within a great district ......................................... 253 270. Coasting trade via Isthmus of Panama ................................. 254 271 . Clearance for another great d istrict ..................................... 254 272. Entry to another great district ........................................ 255 273. Exemption on the Mississippi and tributaries ........................... 256 274. i tli domestic cargo .......................................... 256 275. Registered vessels in the coasting trade ............................... 258 276. Report by master ................................................... 258 277. Foreign vessels barred from const ing trade .............................. 278. Immediate exportation to foreign port ................................. 258 279. Foreign voscls on coasting voyages .................................... 259 280. Foreign tugboats .................................................... 259 281. Penalties /or violation of coa.sting laws ................................. 260 282. Forfeiture of vessel and merchandise .................................. 261 PART XX. TKADI; wrnr HAWAII. 283. General provisions ................................................... 284. Registry of vessels and coasting trade ................................. L'liL' 285. Quarantine and public health ........................................ 262 286. Fisheries ........................................................... 263 287. Wharves; harbors; pilots ............................................. 263 288. Seamen's laws ...................................................... 264 PART XXI. TKADI; WITH POUTO Rico. 289. General provisions .................... ............................... 265 290. Registry of vessels and coasting trade ................................. 265 291. Quarantine and public health. ....................................... L'HI; 292. Harbors and navigable waters ......................................... L'Wi 293. Wharves and piers ................................................... 2(17 PART XXI F. TRAIM: WITH TIIK PIIII.HTIV 294. Treaty of peace ...................................................... 208 295. < leneral provisions ................................................... L'liS 296. Vessels and co;ist ing trade ............................................ L'li!) 297. Tariff and internal n-ven no ........................................... L'70 298. Aids to navigation and commerce ..................................... 273 PART XXIII.- - THAI H-: WITH ALASKA. 299. CW-1 ing la\vs ....... '. ........................................... ...... L'7 1 300. Fin-arms and liquor ................................................. 301. Special license^ and wharf charges .................................... L'7 1 302. Transfer of cargo ............... ...................................... -7."> 303. Y i ikon and Stikine river I rade ........................................ 275 304. Procedure ........................................................... 305. Pribilnf, St.. Paul, St. George. Walrus, and otter Islands, and Sea I, ion ....................................... 306. Transit in bond ..................................................... 'J7(J 307. l'.\i:r X X I V. Si;\i, n \ 308. Convention with (in-at Hrifain, Japan, and fective 309. A. i 310. lteu r ulatinns fi.r the prelection of fur-bearing animals in Alaska, dated rch8, M!i, Department of Commerce ............................ 311. Pmvisii.i -1 Statutes ........................... 312. Uei.Mrt1o('Mni:rei:.\i; \ \ 1 1\ i: \\i> BILLS <>F IIKAITII. 315. Consular bill of health 316. Quarantine regulations L'DL' 317. Quarantine, inspection 318. Quarantine anchorage 319. Suspension of commerce 320. 1 Vnult ies L'lMi 321. State health laws 20(5 322. Removal of cargo 323. "Removal of customhouse 324. National quarantine L'iJS TAUT XXVI. I.MMH;i{ATI()\. 325. Head tax :;M| 326. 'Insular territory :50U 327. Excluded classes :joii 328. Contract labor :',or, 329. Assisted immigrants 330. Illegal landing 306 331. Diseased immigrants :;()(> 332. Manifest of aliens :',07 333. Inspection of aliens 310 334. Detention on board :M I 335. Deportation :;il 336. Public charges .- 313 337. Frontier inspection 313 338. Scope :; I :i 339. Place of deportation 314 340. Place of entry 314 341. Special classes 314 342. Anarchists 314 343. Foreign oflicials 315 344. Miscellaneous 315 345. immigration to Philippines 316 346. Registry and naturalization of immigrants 316 PART XXVII. OCEAN MAIL SERVICE. 347. Ocean mail act of 1891 317 348. General ocean mail service 320 PART XXVIII. WRECKS. 349. Report of wrecks 324 350. Canadian wrecks 325 351. Wrecks in foreign waters 325 352. Wrecks in Florida waters 326 PART XXIX. COAST GUARD CUTTERS. 353. Coast Guard cutters PART XXX. REMISSION OF FINES AND PENAI.TIKS. 354. Remission of fines and penalties PART XXXI. CATTLE, I.IVK STOCK, AND DAIRY TUADK. 355. Regulation of cattle ships 331 356. Inspection of live stock and meat products 357. Horses and horse meat 358o Diseased cattle 359. Quarantine of live stock 360. Exportation of diseased live stock 361. Care of cattle in domes t ic i rado 337 362 Neat cattle 363 Inspection of butter and dairy products - 340 12 CONTENTS. PART XXXII. ADULTERATED PRODUCTS. Page. 364. General provision 342 365. Adulterated food products 342 PART XXXIII. OPIUM TRADE. 366. Opium trade 346 PART XXXIV. RULES TO PREVENT COLLISIONS. 367. Duty to stay by 350 368. Motor-boat law 351 369. International rules of 1897 353 370. Consideration of future rules 367 371. Inland rules of 1897 367 372. Limits of application of international and inland or local rules 378 373. "Rules for the Great Lakes and the St. Lawrence River as far east as Montreal 382 374. Rules for the Red River of the North, and rivers emptying into Gulf of Mexico, and their tributaries 388 375. River navigation 393 376. Rules for the St. Marys River 394 377. Regattas and marine parades 394 PART XXXV. AIDS TO NAVIGATION. 378. Assistance by United States vessels 396 379. Removal of derelicts 396 380. Lights and buoys 397 381. Nautical Almanac 397 382. Charts and manuals 397 383. Storm and weather signals 398 384. Private signals 398 385. Interference with range lights 399 386. Exemption from tolls. 399 387. Anchorage grounds. ..." 400 PART XXXVI. OBSTRUCTIONS TO NAVIGATION. 388. Improvements by private or municipal corporations 401 389. Bridges, dams, and dikes 401 390. General obstructions 407 391. Harbor lines 407 392. Penalties 408 393. Dumping into navigable waters 408 394. Impairing public works -. 410 395. Obstruct ing channels 410 396. Log regulations 411 397. Penalties 412 398. Bridge spans 413 399. Bridge piers and abutments 414 400. Drawbridges 414 401. Sunken wrecks 415 402. Speed of vessels; navigation >[ canals 417 403. Potomac River 417 404. Mississippi River passes 418 PART XXXVII. NEW YORK HARBOR. 405. New York Harbor 419 PART XXXVIII. RADIO COMMUNICATION. 406. Wireless ship act 424 407. Enforcement of wireless-communication laws, treaties, and conventions. 425 408. Regulation of radio communication 426 CONTENTS. 13 PART XXXIX OFFBNBBB A.GAIN8T NKUTRALITY. Page. 409. ( MTenses against neutrality 4IV4 PART XL. GUANO ISI.ANHS. 410. Guano islands 438 PART XLI. MISCELLANEOUS. 411. Life-saving medals 440 412. Rescuing shipwrecked American seamen 441 413. School ships 441 414. Instruction at military schools 442 415. Instruction in shipbuilding H:; 416. Naval M ilitia -\\:>, 417. North Atlantic fisheries -Ill 418. Supplies for foreign war vessels 444 419. Navy ration 445 420. Export of arms to American countries 446 421. Mines, torpedoes, and harbor defenses 446 422. Sale of arms and liquors to Pacific islanders 446 423. Panama Canal 447 424. Great Lakes-Atlantic Canal 457 425. Great Lakes' levels 457 426. Employment of vessels of the United States for public purposes 458 427. Exemption of private property at sea 459 428. Hospital ships 459 429. Sponge fishing 459 430. Liens on vessels 460 43 1 . Enforcement of navigation laws 461 432. Licensing of customhouse brokers 461 433. Assistance and salvage at sea 462 PART XLII. LEGAL PROCEDURE. 434. Jurisdiction of district courts 464 435. Seizure 464 436. Summary trial 466 PART XLIII. CRIMES. 437. Place of trial 468 438. Murder 469 439. Manslaughter 469 440. Assault 469 441. Rape 470 442. Seduction - 470 443. Death from negligence, misconduct, etc 470 444. Mayhem 470 445. Robbery 471 446. Arson 471 447. Larceny 471 448. Reaeiver of stolen property 449. Miscellaneous offenses 472 450. Forgery 472 45 1 . Ill treatment of crew 472 452. Mutiny 473 453. Abandonment of seamen 473 454. Barratry 473 455. Wrecking 474 456. Plundering vessel 474 457. Crimes on the Great Lakes 475 PART XLIV. PIRACY. 458. Piracy 476 459. Crimes deemed piracy 477 14 CONTENTS. PART XLV. PROTECTION OF SUBMARINE CABLES. Page. 460. Protection of submarine cables 479 PART XLVI. ADMINISTRATIVE AND EXECUTIVE OFFICES. 461 . Department of Commerce 482 462. Bureau of Navigation 486 463. Shipping commissioners 488 464. Customs officers 489 465. Steamboat-Inspection Service 496 466. Public Health Service 501 467. J inmigration and Naturalization Bureau 503 468. ( ' tast ( ! uard 506 469. .Life-Saving Service 508 470. Coast Guard 512 471. Bureau of Lighthouses 512 472. Treasury agents ">Hi 473. Alaska seal agents 517 474. Coast and (J'odetic Survey 518 475. District court commissioners 519 476. Unauthorized services 520 PART XLVII. FEES PAYABLE BY PRIVATE PERSONS. 477. Fees on vessels payable by private persons 522 PART XLVIII. CUSTOMS DISTRICTS, PORTS, AND SUBPORTS. 478. Customs districts and ports of entry 527 479. Power to designate ports and subports 533 PART XLIX. CONSULATES OF THE UNITED STATES. 480. Consulates of the United States 535 INDEXES. Tables of laws included in this volume: 1. Ke\is<-7 NAVIGATION LAWS OF THE UNITED STATES. PART I. VESSELS. 1. Definition of vessel. 2. Vessels of (he United States. 3. Registered vessels. 4. Provisional rertilieates of re.u'istry. 5. Repeal of penalties 6. Repaired wrecks. 7. Prohibitions. 8. AVhaliiig vessels. 9. Enrolled and licensed vessels. 10. Licensed vessels under l_'f customs of tin- Philippine Islands, (In- captains of the ports of and I'.allioa. Canal /on.-, and tin- governor of Ouain wen- designated by Jvveciitive Order of April 7, Hi I.".. 1'AIIT 1. VESSELS. 17 particulars respecting her tonnage, build, description, and inspection or survey which the consular ollicer is able to obtain. (d) Copies of such provisional certificates shall be forwarded as soon as practicable by the issuing ollicer to the Commissioner of Navigation, 5. Repeal of penalties. So much of sections forty-two hundred and nineteen M;ir - 4 1915 - and forty-two hundred and twenty-live of the Revised Statutes as imposes tonnage duties of f>0 cents per ton and light money of ;">0 cents per ton on a vessel owned by citi/.ens of the I'uited States but not a vessel of the United States: so much of section four !, subsection one, of the Act of October third, nineteen hundred and thir- teen, entitled "An Act to reduce tarill' duties and to pro- vide revenue for the ( iovermuent, and for other pur- poses." as imposes a discriminating duty of ten per centum ad valorem on all goods, waifs, or merchandise imported in a vessel owned by citizens of the United States but not a vessel of the United States; and so much of section four ,J, subsection two, of the Act aforesaid as provides for the forfeiture of any vessel owned by citi- zens of the United States but not a vessel of the United States, together with her cargo, tackle, apparel, and fur- niture, are hereby repealed. Any such tonnage duties, light money, or discriminating duties collected since the passage of the Act of August eighteenth, nineteen hun- dred and fourteen, shall be refunded, and any such for- feitures incurred are hereby remitted: Provided, how- ever, That the provisions of this Act shall apply only in case that any vessel of the character above described after entering an American port shall, before leaving the same, be registered as a vessel of the United States. 6. Repaired wrecks. The Secretary of Commerce may issue a register or R- s., 4i::y. ^ enrollment for any vessel wrecked on the coasts of the United States or her possessions or adjacent waters, when purchased by a citizen or citizens of the United States and thereupon repaired in a shipyard in the United States or her possessions, if it shall be proved to the satisfaction of the Secretary of Commerce, if he deems it necessary, through a board of three appraisers ap- pointed by him, that the said repairs put upon such Is are equal to three times the appraised salved value of the vessel: Provided, That the expense of the appraisal herein provided for shall be borne by the owner of the vessel: Pro ruled fi/rfhrr. That if any of the ma- terial matters of fact sworn to or represented by the owner, or at his instance, to obtain the register of any 1 are not true, there shall be a forfeiture to the United States of the vessel in respect to which the oath shall have been made, together with tackle, apparel, and furniture thereof." 18 NAVIGATION LAWS OF THE UNITED STATES. 7. Prohibitions. R. s., 4135. No vessel which has been recorded or registered as an American vessel of the United States, pursuant to law. and which was licensed or otherwise authorized to sail under a foreign flag, and to have the protection of any foreign government during the existence of the rebellion, shall be deemed or registered as a vessel of the United States, or shall have the rights and privileges of vessels of the United States, except under provisions of law espe- cially authorizing such registry. 8. Whaling vessels. R. s., 4339. All vessels which may clear with registers for the pur- pose of engaging in the whale fishery shall be deemed to have lawful and sufficient papers for such voyages, secur- ing the privileges and rights of registered vessels, and the privileges and exemptions of vessels enrolled and licensed for the fisheries. % 9. Enrolled and licensed vessels. R. s., 4311. Vessels of twenty tons and upward, enrolled in pursu- ance of this Title [R. S., 4311-4390], and having a license in force, or vessels of less than twenty tons, which, although not enrolled, have a license in force, as required by this Title, and no others, shall be deemed vessels of the United States entitled to the privileges of vessels em- ployed in the coasting-trade or fisheries. R. s., 4316. Any steamboat employed or intended to be employed only in a river or bay of the United States, owned wholly or in part by an alien resident within the United States, may be enrolled and licensed, as if the same belonged to a citizen of the United States, subject to all the provisions of this Title [R, S., 4311-4390], except that, in such case, no oath shall be required that the boat belongs to a citizen of the United States. it. s., 4317. Such resident alien, owner of any steamboat, upon application for enrollment or license, shall give bond to the collector of the district, for the use of the United States, in the penalty of one thousand dollars, with suffi- cient surety, conditioned that the boat shall not be em- ployed in other waters than the rivers and hays of the United States. K.S.. 4318. Any vessel of the United States, navigating the waters on the northern* northeastern, and north western frontiers, otherwise than by sea, shall be enrolled and licensed in such form as other vessels; such enrollment and license shall authorize any such vessel to be employed either in the coast iiiir or foreign trade on such frontiers, and no certificate of registry shall be required for vessels so em- ployed. Such vessel shall be. in every other respect, liable to the regulations and penalties relating to registered and licen.-ed vessels. PART I. - VESSELS. 19 10. Licensed vessels under 20 tons. Before any vessel, of the burden of live tons, and loss K s - i:;;;L than twenty tons, shall ho licensed, the same measurement shall he made of such vessel, and the same provisions observed relative thereto, as are to he obsei ved in case of measuring vessels to be registered or enrolled; but in all cases, where such vessel or any other licensed vessel shall have been once measured, it shall not he necessary to meas- ure such vessel anew, for the purpose of obtaining another enrollment or license, unless such vessel shall have under- gone some alteration as to her burden, subsequent to the time of her former license. 11. Undocumented vessels. The act |R. S., 4311-4385 | to which this is a supplement Apr.is.i874 shall not be so construed as to extend the provisions of the said act to canal boats or boats employed on the internal waters or canals of any State; and all such boats, except- ing only such as are provided with sails or propelling machinery of their own adapted to lake or coastwise navi- gation, and excepting such as are employed in trade with the Canadas, shall be exempt from the provisions of the said act, and from the payment of all customs and other fees under any act of Congress. The provisions of title fifty [R. S., 4311-4390] of the J fo, i|79. Revised Statutes of the United States shall not be so con- strued as to require the payment of any fee or charge for the enrolling or licensing of vessels, built in the United States and owned by citizens thereof, not propelled by sail or by internal motive power of their own, and not in any case carrying passengers, whether navigating the internal waters of a State or the navigable waters of the United States, and not engaged in trade with contiguous foreign territory, nor shall this or any existing law be construed to require the enrolling, registering or licensing of any flat boat, barge or like craft for the carriage of freight, not propelled by sail or by internal motive power of its own, on the rivers or lakes of the United States. Nothing in this Title [R. S., 4311-4390] shall be con- R.s.,4385. strued to extend to any boat or lighter not being masted, or if masted and not decked, employed in the harbor of any town or city. 12. Yachts. The Secretary of Commerce may cause yachts used fe and employed exclusively as pleasure vessels or designed sec.'io.' as models "of naval architecture, if built and owned in jln compliance with the provisions of section forty-one him- f^ 4 ^ 1912 dred and thirty-three to forty-one hundred and thirty- five, to be licensed on terms which will authorize them to proceed from port to port of the United States, and to foreign ports, without entering or clearing at the custom-house, such license shall be in such form as the Secretary of Commerce may prescribe. Such vessels, so enrolled and licensed, shall not be allowed to trans- 20 NAVIGATION LAWS OP THE UNITKD S'lATKS. Ma? Jan.' "3 4 lass ' ic, i8!r> 10 3 ' R. s., 4217. ir. s.,42i5. ~ 8t 19 8 ' port merchandise or carry passengers for pay. Such vessels shall have their name and port placed on some conspicuous portion of their hulls. Such vessels shall, in all respects, except as above, be subject to the laws of the United States, and shall be liable to seizure and forfeiture for any violation of the provisions of this title [R. S., 4131-4305]. ^ ^ cense d yacht shall engage in any trade, nor in any way violate the revenue laws of the United States; and every such yacht shall comply with the laws in all re- spects. Any master or owner violating the provisions of the preceding section shall be liable to the penalty of two hundred dollars, in addition to any other penalty im- P seci l>y law -. The Secretary of Commerce shall' have power to remit or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud. For the identification of yachts and their owners, a commission to sail for pleasure in any designated yacht belonging to any regularly organized and incorporated yacht club, stating the exemptions and privileges enjoved ' ino3 ' im( l er i^ ma 7 be issued by the Secretary of Commerce, and shall be a token of credit to any United States oflicial. and to the authorities of any foreign power, for privileges enjoyed under it. All such licensed yachts shall use a signal of the form. size, and colors prescribed by the Secretary of the Xavy: and the owners thereof shall at all times permit the naval architects in the employ of the United States to examine and copy the models of such yachts. Whenever it shall be made to appear to the satisfaction of the President of the United States that yachts belong- ing to any regularly organized yacht club "of the United States are allowed to arrive at and depart from any foreign port and to cruise in the waters of such port without entering or clearing at. the custom-house thereof and with- out the payment of any charges for entering or clearing. dues, duty per ton, tonnage taxes or charges for cruising licenses, the Secretary of ( 'ommerce may authorize and direct the customs authorities at the various ports and siibports of entry of the United States to allow yachts from such foreign port belonging to any regularly organ- ized yacht dub thereof to arrive at and depart from any port or subport of the Knifed States and to cruise in waters of the United States without the payment of any charges for entering or clearing, dues, duty per ton. or tonnage (axes, but the Secretary of Commerce may. in his discretion, direct that such foreign yachts shall be required to obtain licenses to cruise, in a form prescribed by him. before they shall be allowed under the provisions of this Act to cruise in waters of the 1 'nited Stales. Such licenses .-hall be is-ned without cost to such yachts and PART I. VESSFI.s. 21 shall prescribe such limitat ions as to length of time, direction, and place of cruising and action, and such other particulars as (he Secretary of Commerce may deem proper: /Y^/vVAv/, That the privileges of this sec May 28, lion sliall not extend to any yacht built outside of the United States and owned, chartered, or used by a citi/en of the Tinted States unless such ownership or charter \VMS acquired prior to February lii'tli. eighteen hundred and ninctv-scven. [See also Tonnage tax. pa ragr:iph H'l, page 171/1 Kvery yacht, except those of fifteen gross tons or under, ^^ visiting a foreign country under the provisions of sections forty-two hundred and fourteen, forty-two hundred and fifteen, and forty-two hundred and seventeen of the lie- vised Statutes shall, on her return to the United States, make due entry at the customhouse of the port at which, on such return, she shall arrive: /Y^/vV/o/, That nothing in this act shall be. so construed as to exempt the master or pel-son in charge of a yacht or vessel arriving from a foreign port or place, with dutiable articles on board from reporting to the customs officer of the United States at the port or place at which said yacht or vessel shall arrive, and deliver in to said officer a manifest of all duti- able articles brought from a foreign country in such yachts or vessels. 13. Official number. The Commissioner of Navigation shall have power, ^^ under such regulations as he shall prescribe, to establish and provide a system of numbering vessels so registered, enrolled, and licensed; and each vessel so numbered shall have her number deeply carved or otherwise permanently marked on her main beam; and if at any time she shall J;!"' 1 ,.' 1886> cease to be so marked, such vessel shall be liable to a fine of thirty dollars on every arrival in a port of the United States if she have not her proper official number legally carved or permanently marked. 14. Name of vessel. The name of every documented vessel of the United feSTw^&i. States shall be marked upon each bow and upon the stern, -i"". -. ls; ' 7 and the home port shall also be marked upon the stern. These names shall be painted or gilded, or consist of cut or carved or cast roman letters in light color, on a dark ground, or in a dark color on a light ground, secured in place, and to be distinctly visible. The smallest letters used shall not be less in size than four inches. If any such vessel shall be found without these names being so marked the owner or owners shall be liable to a penalty of ten dol- lars for each name omitted. The word " port'." as used in gg*^f* 1SS section forty-one hundred and seventy-eight shall be con- strued to mean either the port where the vessel is regis- tered or enrolled, or the place in the same district where the vessel was built or where one or more of the owners reside. 22 NAVIGATION LAWS OF THE UNITED STATES. R. S., 4495. Feb. 21, 1891. R. S., 4170. July 5, 1884. Sees. 1, 2. Sec. 5. 1YI>. It, 1903. Sec. 10. Mar. 2, 1881. Sees. 1, 2. Feb. 14, 1903. Sec. 10. Mar. 2, 1881. Bee. I'. Feb. 21, 1891. Sec. 2. .1:1 Ii. 'JO, 1^.17. Every steam vessel of the United States, in addition to having her name painted on her stern. >hall have the same conspicuously placed in distinct, plain letters, 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 wheel-house; and if any such steamboat be found without having her name placed as required, she shall be subject to the same penalty as provided by law in the case of a vessel of the United States found without having her name, and the name of the port to which she belongs, painted on her stern. 15. Change of name. No master, owner, or agent of any vessel of the United States shall in any way change the name of such vessel, or by any device, advertisement, or contrivance deceive or attempt to deceive the public, or any officer or agent of the United States, or of any State, or any corporation or agent thereof, or any person or persons, as to the true name or character of such vessel, on pain of the forfeiture of such vessel. The Commissioner of Navigation shall, under the direc- tion of the Secretary of Commerce, be empowered to change the names of vessels of the United States, under such restrictions as may have been or shall be prescribed by act of Congress. The Secretary of Commerce be, and hereby is. author- ized to permit the owner or owners of any vessel duly enrolled and found seaworthy and free from debt to change the name of the same, when, in his opinion, there shall be sufficient cause for so doing. The Secretary of Commerce shall establish such rules and regulations and procure such evidence as to the age, condition, where built, and pecuniary liability of the vessel as he may deem necessary to prevent injury to public or private interests; and when permission is granted by the Secre- tary, he shall cause the order for the change of name to be published at least in four issues in some daily or weekly paper at the place of register; and the cost of procuring evidence and advertising the change of name to be paid by the person or persons desiring such change of name. 16. Draught. The draught of every registered vessel shall be marked upon the stem and stern post, in English feet or decime- ters, in either Arabic or Roman numerals. The bottom of each numeral shall indicate the draught to that line. PART II. MEASUREMENT. 17. Measurement. 18. Uross tonnage. 19. Deck houses, breaks, etc. 20. Hatclnvavs. 21. Between decks. 22. Open vessels. 23. Water ballast. 24. Net tonnage. 25. Crew accommodations. 26. Deductions for oilier purposes. 27. Deductions for propelling power. 28. Register tonnage. 29. Appendix of measurement. 30. Vessels exempt from measurement. 31. Measurement of foreign vessels. 32. Exemption from measurement. It. S.. II I-:. R. S., 4149. R. S., 4150. 17. Measurement. Before any vessel shall be registered, she shall be meas- ured by a surveyor, if there be one, or by the person he shall appoint, at the port or place where the vessel may be, and if there be none, by such person as the collector of the district within which she may be shall appoint. l>ut in all cases where a vessel has before been registered as a vessel of the United States, it shall not be necessary to measure her anew, for the purpose of obtaining another register ; unless such vessel has undergone some alteration as to her burden, subsequent to the time of her former registry. The officer or person by whom such measurement is made shall, for the information of and as a voucher to the officer by whom the registry is to be made, grant a certifi- cate, specifying the build of the vessel, her number of decks and masts, her length, breadth, depth, the number of tons she measures, and such other particulars as are usually descriptive of the identity of a vessel, and that her name, and the place to which she belongs, are painted on her stern in manner required by this Title [R. S., 4131-4305] ; which certificate shall be countersigned by an owner, or by the master of such vessel, or by some other person who shall attend her admeasurement, on behalf of her owner or owners, in testimony of the truth of the particulars therein contained ; without which the certifi- cate shall not be valid. The registry of every vessel shall express her length and breadth, together with her depth and the height under the third or spar deck, which shall be ascertained in the following manner: The tonnage deck, in vessels having three or more decks to the hull, shall be the second deck from below ; in all other cases the upper deck of the hull is to be the tonnage-deck. The length from the fore part of the outer planking on the side of the stem to the after 23 24 NAVIGATION LAWS OF THE UNITED STATES. part of the main stern-post of screw-steamers, and to the after part of the rudder-post of all other vessels measured on the top of the tonnage-deck, shall he accounted the vessel's length. The breadth of the broadest part on the outside of the vessel shall be accounted the vessel's breadth of beam. A measure from the under side of the tonnage-deck plank, amidships, to the ceiling of the hold, (average thickness,) shall be accounted the depth of hold. If the vessel has a third deck, then the height from the top of the tonnage-deck plank to the under side of the upper-deck plank shall be accounted as the height under the spar-deck. All measurement to be taken in feet and fractions of feet; and all fractions of feet shall be expressed in decimals. n.s., 4151. No part of any vessel shall be required by the pre- ceding section to be measured or registered for tonnage that is used for cabins or state-rooms, and construct!- I entirely above the first deck, which is not a deck to the hull. 18. Gross tonnage. The register tonnage of every vessel built within the United States or owned by a citizen or citizens thereof shall be her entire internal cubical capacity in tons of one hundred cubic feet each, to be ascertained as follows: Measure the length of the vessel in a straight line along the upper side of the tonnage-deck, from the inside of the inner plank, average thickness, at the side of the stem to the inside of the plank on the stern-timbers, average thickness, deducting from this length what is due to the rake of the bow in the thickness of the deck, and what is due to the rake of the stern-timber in the thickness of the deck, and also what is due to the rake of the stern-timber in one-third of the round of the beam ; divide the length so taken into the number of e<|iial parts required by the following table, according to the class in such table to which the vessel belongs: (lass one. Vessels of which the tonnage length accord- ing to the above measurement is fifty feet or under: into six equal parts. (Mass two. Vessels of which the tonnage length accord- ing to the above measurement is above fifty feet and not cding one hundred feet: into eight equal parts. (Mass three. Yesx-ls of which the tonnage length ac- cording to the above measurement is above one 1 hundred feet, and not exceeding one hundred and fifty feet : into ten equal parts. Class four. Vessels of which the tonnage length ac- cording to the above measurement is above one hundred and fifty feet, and not exceeding two hundred feet: into twelve equal parts. Class five. Vessels of which the tonnage length accord- ing to the above measurement is above two hundred feet. and not exceeeding two hundred and fifty feet: into four- teen equal pail IV\I;T n. MI LSUBEMBNT. 25 Class six. Vessels of which the tonnage length accord- ing to ilit' above measurement is above two hundred and fifty feet: into sixteen e<|iial parts. Then, the hold being sufficiently eleared to admit of the required depth- and breadths being properly taken, find the transverse area of such vessel at each point of division of the length as follows: Measure the depth at each point of division from a point at a distance of one-third of the round of the beam below such deck: or, in case of a break, below a line 4 stretched in continuation thereof, to the upper side of the floor-timber, at the inside of the limber-strake. after deducting the average thickness of the ceiling, which is between the bilge-planks and limber-strake; then, if the depth at the midship division of the length do not exceed sixteen feet, divide each depth into four equal parts; then measure the inside hori/ontal breadth, at each of the three points of division, and also at the upper and lower points of the depth, extending each measurement to the average thickness, of that part of the ceiling which is between the points of measurement; number these breadths from above, numbering the upper breadth one, and so on down to the lowest breadth : multiply the second and fourth by four, and the third by two; add these products together, and to the sum add the first breadth and the last, or fifth : multiply the quantity thus obtained by one-third of the common interval between the breadths, and the product shall be deemed the transverse area; but if the midship depth exceed sixteen feet, divide each depth into six equal parts, instead of four, and measure as before directed, the horizontal breadths at the five points of division, and also at the upper and lower points of the depth; number them from above as before; multiply the second, fourth, and sixth by four, and the third and fifth by two: add these products together, and to the sum add the first breadth and the last, or seventh; multiply the quantities thus obtained by one-third of the common interval be- tween the breadths, and the product shall be deemed th> transverse area. Having thus ascertained the transverse area at each point of division of the length of the vessel, as required above, proceed to ascertain the register tonnage of the vessel in the following manner: Number the areas successively one. two. three, and so forth, number one being at the extreme limit of the length at the bow, and the last number at the extreme limit of the length at the stern : then, whether the length be di- vided according to the table into six or sixteen part- in classes one and six. or any intermediate number, as in classes two, three, four, and five, multiply the second, and every even-numbered area by four, and the third, and every odd-numbered area, except the first and last, by two : add these products together, and to the sum add the 26 NAVIGATION LAWS OF THE UNITED STATES. first and last if they yield anything ; multiply the quanti- ties thus obtained by one-third of the common interval be- tween the areas, and the product will be the cubical con- tents of the space under the tonnage-deck; divide this product by one hundred, and the quotient, being the ton- nage under the tonnage-deck, shall be deemed to be the register tonnage of the vessel subject to the additions hereinafter mentioned. 19. Deck houses, breaks, etc. "^ there be a break, a poop, or any other permanent closed-in space on the upper deck, available for cargo, or stores, or for the berthing or accommodation of passen- gers or crew, the tonnage of that space shall be ascer- tained as follows and added to the gross tonnage : Measure the internal mean length of such space in feet, and divide it into an even number of equal parts of which the distance asunder shall be most nearly equal to those into which the length of the tonnage-deck has been di- vided; measure at the middle of its height the inside breadths; namely, one at each end and at each of the points of division, numbering them successively one, two, three, and so forth; then to the sum of the end breadths add four times the sum of the even-numbered breadths and twice the sum of the odd-numbered breadths, except the first and last, and multiply the whole sum by one- third of the common interval between the breadths; the product will give the mean horizontal area of such space ; then measure the mean height between the planks of the decks, and multiply by it the mean horizontal area; di- vide the product by one hundred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the tonnage under the tonnage-decks, ascertained as aforesaid : Provided, That nothing shall be added to the gross tonnage for any sheltered space above the upper deck which is under cover and open to the weather: that is, not inclosed. 20. Hatchways. ]>i>. o, 1009. The cubical contents of the hatchways shall be obtained by multiplying the length and breadth together and the product by the mean depth taken from the top of beam to the under side of the hatch. From the aggregate ton- nage of the hatchways there shall be deducted one-half of one per cent of the gross tonnage and the remainder only shall be added to the gross tonnage of the ship exclu- sive of the tonnage of the hatchways. 21. Between decks. K s nr ' :> '- If a vessel has a third deck, or spar deck, the tonnage of the space between it and the tonnage-deck shall be ascertained as follows: Measure in feet the inside length of the space, at the middle of its height, from the plank at the side of the stem to the plank on the timbers at the stern, and divide PART II. MEASUREMENT. 27 the length into the same number of e<|iial pails into which tin* length of the tonnage-deck is divided; measure, also at the middle of its height, the inside breadth of the space at each of the points of division, also the breadth of the stem and the breadth at the stern: number them succes- sively one, two, three, and so forth, commencing at the stem; multiply the second, and all other even-numbered breadths, by four, and the third, and all the other odd- numbered breadths, except the first and last, by two; to the sum of these products add the first and last breadths, multiply the whole sum by one-third of the common in- terval between the breadths, and the result will give, in superficial feet, the mean horizontal area of such space; measure the mean height between the plank qf the two decks, and multiply by it the mean horizontal area, and the product will be the cubical contents of the space; divide this product by one hundred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the other tonnage of the vessel ascertained as above directed. And if the vessel has more than three decks, the tonnage of each space between decks, above the tonnage-deck, shall be severally ascertained in the manner above described, and shall be added to the tonnage of the vessel, ascertained as above directed. 22. Open vessels. In ascertaining the tonnage of open vessels the upper & 4158. edge of the upper strake is to form the boundary-line of measurement, and the depth shall be taken from an athwartship line, extending from the upper edge of such strake at each division of the length. 23. Water ballast. In the case of a ship constructed with a double bottom Mar - 2 > 1895 < for water ballast, if the space between the inner and outer plating thereof is certified by the collector to be not avail- able for the carriage of cargo, stores, or fuel, then the depth of the vessel shall be taken to be the upper side of the inner plating of the double bottom, and that upper side shall for the purposes of measurement be deemed to represent the floor timber. From the gross tonnage there shall be deducted any other space adapted only for water .','.'.!'' 1909 - ballast certified by the collector not to be available for the carriage of cargo, stores, supplies, or fuel. 24. Net tonnage. From the gross tonnage of every vessel of the United Aug - 5> 1882> States there shall be deducted 25. Crew accommodations. (a) The tonnage of the spaces or compartments occu- M:ir - - ls<1 ' pied by or appropriated to the use of the crew of the vessel. Every place appropriated to the crew of the vessel shall have a space of not less than seventy-two cubic feet 28 NAVIGATION LAWS OF THE UNITED STATES. and not less than twelve superficial feet, measured on the deck or floor of that place, for each seaman or apprentice lodged therein. The provisions of this Act requiring a crew space of seventy-two cubic feet per man shall apply only to vessels the construction of which shall be begun after June thirtieth, eighteen hundred and ninety-five. Such place shall be securely constructed, properly lighted, drained, and ventilated, properly protected from weather and sea, and as far as practicable properly shut off and protected from the effluvium of cargo or bilge water; and failure to comply with this provision shall subject the owner to a penalty of five hundred dollars. Every place so occupied shall be kept free from goods or stores of any kind not being the personal property of the crew in use during the voyage: and if any such place is not so kept free the master shall forfeit and pay to each seaman or apprentice lodged in that place the sum of fifty cents a day for each day during which any goods or stores as aforesaid are kept or stored in the place after complaint has been made to him by any two or more of the seamen so lodged. No deduction from tonnage as aforesaid shall be made unless there is permanently cut in a beam and over the doorway of every such place the number of men it is allowed to accommodate with these words, u certified to accommodate - - seamen." Mar. :*, 1897. On all merchant vessels of the United States the con- Mar l,ioi.->. struction of which shall be begun after the passage of St ' t ;':-' 4 this Act, except vachts, pilot boats, or vessels of less than ( Kllortivc 1)0- "- , * J . \ , J stoning NOV. 4, one hundred tons register, every place appropriated to the crew of the vessel shall have a space of not less than one hundred and twenty cubic feet and not less than six (eeu square feet, measured on the floor or deck of that place, for each seaman or apprentice lodged therein, and each seaman shall have a separate berth and not more than one berth shall be placed one above another: such place or lodging shall be securely constructed, properly lighted, drained, heated, and ventilated, properly pro- tected from weather and sea, and. as far as practicable. properly shut oil' and protected from the ellluvium of cargo or bilge water. And every such crew space shall In- kept free from goods or stores not being the persona! property of the crew occupying said place in use during the voyage. That in addition to the space allotment for lodgings hereinbefore provided, on all merchant vessels of the l T nited States which in the ordinary course of their trade make voyages of more than three days' duration between ports, and which carry a crew of twelve or more seamen, there shall be constructed a compartment, suitably sepa- rated from other spaces, lor hospital purposes, and such compartment shall have at lea>t one bunk for every twelve seamen, constituting her crew, provided that not- more than six bunks shall be required in any case. Kvery steamboat of the Tinted States plyinir upon the Mississippi lii\er or its tributaries shall furnish an r.M.'T II. .MK ASl KI..M KNT. 29 appropriate place for the crc\v. which shall conform to tin 1 requirements of this section, so far as they are appli- cable thereto, by providing sleeping room in the engine room of such steamboat, properly protected IVoin the cold, wind, and rain l>y means of suitahle awning or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck, under the direction and approval of the Supervising In- spector (leneral of Steam Vessels, and shall he properly heated. All merchant vessels of the United States, the con- * struct ion of which shall he begun after the passage of this act having more than ten men on deck must have at. least, one light, clean, and properly ventilated washing place. There shall he provided at least one washing out- tit for every two men of the watch. The washing place shall lii 1 properly heated. A separate washing place shall he provided for the tireroom and engine-room men, if their number exceed ten, which shall be large enough to accommodate at least one-sixth of them at the same time, and have hot and cold water supply and a sufficient num- ber of wash basins, sinks, and shower baths. Any failure to comply with this section shall subject 4 the owner or owners of such vessel to a penalty of not less than $50 nor more than $500: Provided, That fore- ea>tles shall be fumigated at such intervals as may be provided by regulations to be issued by the Surgeon Gen- eral of the Public Health Service, with the approval of the Department of Commerce, and shall have at least two exits, one of which may be used in emergencies. 26. Deductions for other purposes. (b) Any space exclusively for the use of the master cer- Mar. 2. 1895. titled by the collector to be reasonable in extent and prop- erly constructed, and the words "Certified for the accom- modation of master" to be permanently cut in 51 beam and over the door of such space. (c) Any space used exclusively for the working of the helm, the capstan, and the anchor gear, or for keeping the charts, signals, and other instruments of navigation and boatswain's stores, and the words "Certified for steering gear," or "Certified for boatswain's stores," or "Certified chart house," as the case may be, to be permanently cut in the beam and over the doorway of each of such spaces. (d) The space occupied by the donkey engine and boiler, if connected with the main pumps of the ship. (e) In the case of a ship propelled wholly by sails any space, not exceeding two and one-half per centum of the gross tonnage, used exclusively for storage of sails: Pro- r'iove the upper deck as is framed in for the machinery or for the admission of light and air and not required to be added to gross tonnage 4 shall, for the purpose of ascertaining the tonnage of the space occu- pied by the propelling power, be added to the tonnage of the engine spare; but it shall then be included in the gross tonnage : such space or spaces must be reasonable in extent, safe, and seaworthy, and can not be used for any purpose other than the machinery or for the admission of light and air to the machinery or boilers of the ship. PART II. MEASUREMENT. 31 28. Register tonnage. And tlu 1 proper deduction from the gross tonnage liav- Auff - 5 1882 - ing been made, the remainder shall be deemed the net or register tonnage of such vessels. , The register of the vessel shall express the number of R. S., 4153. decks, the tonnage under the tonnage-deck, that of the between-decks. above the tonnage-deck : also that of the poop or other inclosed spaces above the deck, each sepa- rately. The register or other official certificate of the tonnage Aug. 5, iss2. or nationality of a vessel of the United States, in addition to what is now required by law to be expressed therein, shall state separately the deductions made from the gross . tonnage, and shall also state the net or register tonnage of the vessel. But the outstanding registers or enrollments of vessels of the United States shall not be rendered void by the addition of such new statement of her tonnage, unless voluntarily surrendered; but the same may be added to the outstanding document or by an appendix thereto, with a certificate of a collector of customs that the origi- nal estimate of tonnage is amended. In every vessel documented as a vessel of the United R s., 4153. States the number denoting her net tonnage shall be sec.V ' *' deeply carved or otherwise permanently marked on her main beam, and shall be so continued; and if the number at any time cease to be continued such vessel shall be sub- ject to a fine of thirty dollars on every arrival in a port of the United States if she have not her tonnage number legally carved or permanently marked. Under the direction of the Secretary of Commerce Mar. 2, isos. the Commissioner of Navigation shall make regulations feb* 4 i4, 1903. needful to give effect to the provisions of this Act. The | C g ^ 1882 Secretary of Commerce shall establish and promulgate Sec/3.' a proper scale of fees to be paid for the readmeasure- ment of the spaces to be deducted from the gross tonnage of a vessel. 29. Appendix of measurement. Upon application by the owner or master of an Ameri- Mar. 2, 1895. can vessel in foreign trade, collectors of customs, under regulations to be approved by the Secretary of Com- ^-^ 1903 - merce, are authorized to attach to the register of such k vessel an appendix stating separately, for use in foreign ports, the measurement of such space or spaces as are permitted to be deducted from gross tonnage by the rules of other nations and are not permitted by the law r s of the United States. This Act shall not be construed to require the remeas- Mar. 2, 1895. urement of any American vessel duly measured before Sec - 2 - April first, eighteen hundred and ninety-five; but upon application by the owner of any such vessel collectors of customs shall cause such vessel, or the spaces to be de- ducted, to be measured, according to the provisions of this 92075 15 3 32 NAVIGATION LAWS OF THE UNITED STATES. Act, and if a new register is not issued the statement of such remeasurement shall be attached by an appendix to the outstanding register or enrollment with a certificate of the collector of customs that the original estimate of ton- nage is amended pursuant to this Act. 30. Vessels exempt from measurement. R. s.,4152. The provisions foregoing relating to the measurement of vessels shall not be deemed to apply to any vessel not required by law to be registered, or enrolled, or licensed, unless otherwise specially provided. 31. Measurement of foreign vessels. ^ii^'s^iis Whenever it is made to appear to the Secretary of see72.' ' Commerce that the rules concerning the measurement for sec!io! ' tonnage of vessels of the United States have been sub- stantially adopted by the government of any foreign country, he may direct that the vessels of such foreign country be deemed to be of the tonnage denoted in their certificates of register or other national papers, and there- upon it shall not be necessary for such vessels to be remeasured at any port in the United States ; and when it shall be necessary to ascertain the tonnage of any vessel not a vessel of the United States, the said tonnage shall be ascertained in the manner provided by law for the meas- urement of vessels of the United States. 32. Exemption from measurement. se: of the Tinted States, of forej-n built ships admitted to I'nited Stat< Milder said act are hereby suspended for two years from this ,1 PART III. DOCUMENTS OF VESSELS. 33. Carpenter's certificate. 34. Ojith of owner. 35. Master's oath of citizenship. 36. Place of registry. 37. Form of register. 38. Custody and surrender of noisier. 39. Registers to cori)orations. 40. Change of owner. 41. Change of build. 42. CLange of master. 43. Mortgage and bill of sale. 44. Sale to alien. 45. Loss of register. 46. Failure to deliver former register. 47. Cancellation of register. 48. Change of trade. 49. Method of enrollment and license. 50. Oath of master and owner. 51. Fees. 52. Form of enrollment. 53. Form of license. 54. Duration of license. 55. Surrender of license. 56. Enrollment and license to corpora- tions. 57. Change of owner. 58. Change of master. 59. Cert ilic.-it ion by customs officer. 60. Enrollment outside of district. 61. Special provisions for enrollment and license. 62. Inspection of enrollment and li- cense. 63. Record of American-built vessels owned by aliens. 64. Offenses against the registry law. 65. Offenses against enrollment and license laws. 33. Carpenter's certificate. In order to the registry of any vessel built within the u - s - 4147 - Tinted States, it shall be necessary to produce a certifi- cate, under the hand of the principal or master carpenter, by whom or under whose direction the vessel has been built, testifying that she was built by him or under his direction, and specifying the place where, the time when, and the person for whom, and describing her build, num- ber of decks and masts, length, breadth, depth, tonnage, and such other circumstances as are usually descriptive of the identity of a vessel; which certificate shall be suffi- cient to authorize the removal of a new vessel from the district where she may be built to another district in the same or an adjoining State, where the owner actually resides, provided it be with ballast only. 34. Oath of owner. In order to the registry of any vessel, an oath shall be R. s. t 4142. taken and subscribed by the owner, or by one of the owners thereof, before the officer authorized to make such registry, declaring, according to the best of the knowledge and belief of the person so swearing, the name of such vessel, her burden, the place where she was built, if built within the United States, and the year in which she was 34 NAVIGATION LAWS OF THE UNITED STATES. R. S., 4143. R. S., 4144. K. S ,4141. built; or that she has been captured in war, specifying the time, by a citizen of the United States, and lawfully condemned as prize, producing a copy of the sentence of condemnation, authenticated in the usual forms; or that she has been adjudged to be forfeited for a breach of the laws of the United States, producing a like copy of the adjudication of forfeiture; and declaring his name and place of abode, and if he be the sole owner of the vessel, that such is tlie case; or if there bo another owner, that there is such other owner, specifying his name and place of abode, and that he is a citizen of the United States, and specifying the proportion belonging to each owner; and where an owner resides in a foreign country, in the capacity of a consul of the United States, or as an agent for and a partner in a house or copartnership consisting of citizens of the United States, actually carrying on trade within the United States, that such is the case, that the person so swearing is a citizen of the United States, and that there is no subject or citizen of any foreign prince or state, directly or indirectly, by way of trust, confidence, or otherwise, interested in such vessel, or in the profits or issues thereof ; and that the master thereof is a citizen, naming fche master, and stating the means whereby or manner in which he is a citizen. If any of the matters of fact alleged in the oath taken by an owner to obtain the registry of any vessel, which within the knowledge of the party so swearing are not true, there shall be a forfeiture of the vessel, together with her tackle, apparel, and furniture, in respect to which the oath shall have been made, or of the value thereof, to be recovered, with the costs of suit, of the person by whom the oath was made. 35. Master's oath, of citizenship. If the master of a vessel is within the district where a registry thereof is to be made, when application is made for registering the same, he shall himself, instead of the owner, or of the agent or attorney, as hereinafter men- tioned, make oath touching his being a citi/en, and the means whereby or manner in which he is a citi/en; in which case, if the master shall knowingly swear to any- thing untrue, no forfeiture of the vessel, on account of such false oath, shall be incurred, but the master shall be liable to a penalty of one thousand dollars. 36. Place of registry. Every vessel, except as is hereinafter provided, .^hall be registered by the collector of that collection district which include.^ the port to which such vessel shall belong at the time of her registry: which port shall be deemed to be that at or nearest to which the owner, if there 1 be but one, or. if more than one. the husband or acting and managing owner of such vessel, usually resides. PAKT III. DOCUMENTS OF VESSELS. 35 Whenever any citi/en of the I'nited Stales purchases or R.s.,4159. becomes owner of any vessel entitled to he registered, such I being within any district other than the one in which lie usually resides, such vessel shall he entitled to be registered by the collector of the district whore she may he. at the time of his becoming owner thereof, upon his complying with the provisions hereinbefore prescribed, in order to the registry of vessels. And the oath which is required to be taken may, at the option of such owner, be taken either he fore the collector of the district compre- hending the port to which such vessel may belong, or be- fore the collector of the district within which such vessel may be, either of whom is hereby empowered to admin- ister such oath. Whenever any vessel, registered in pursuance of the R - s - 416 - provisions of the preceding section, shall arrive within the district comprehending the port to which she belongs, the certificate of registry, so obtained, shall be delivered up to the collector of such district, who upon the requi- sites of this Title [R, S., 4131-4305] in order to the regis- try of vessels, being complied with, shall grant a new one in lieu of the first. The certificate so delivered up shall forthwith be returned by the collector who receives the same, to the collector who granted it. If the first-men- tioned certificate of registry is not delivered up, as above directed, the owner and the master of such vessel, at the time of her arrival within the district comprehending the port to which she may belong, shall severally be liable to a penalty of one hundred dollars, and the 'certificate of registry shall be thenceforth void. Whenever any vessel entitled to be registered is pur- R. s.,4i6i. chased by an agent or attorney for or on account of a citi- zen of the United States, such vessel being in a district of the United States more than fifty miles distant, taking the nearest usual route by land, from the one comprehending the port to which, by virtue of such purchase, and by force of this Title [R. S., 4131-4305], such vessel ought to be deemed to belong, it shall be lawful for the collector , of the district where such vessel may be, and he is hereby required upon the application of such agent or attorney, to proceed to the registering of the vessel, the agent or attorney first complying, on behalf and in the stead of the owner thereof, with the requisites prescribed by this Title in order to the registry of vessels, except that, in the oath taken by the agent or attorney, instead of swearing that he is owner or an owner of such vessel, he shall swear that he is agent or attorney for the owner thereof, and that he has. in good faith, purchased the vessel for the person whom he names and describes as the owner thereof. Whenever any vessel registered in pursuance of the pro- R - s - 4162 - visions of the preceding section, shall arrive within the district comprehending the port to which she belongs, the 36 NAVIGATION LAWS OF THE UNITED STATES. certificate of registry so obtained shall be delivered up to the collector of such district, who. upon the requirements of this Title [R, S., 4131-4305] in order to the registry of vessels being complied with, shall grant a new one in lieu of the first. The certificate, so delivered up, shall forth- with be returned to the collector, who shall transmit the same to the collector who granted it. If the first-men- tioned certificate of registry is not delivered up, as above. directed, the owner and the master of such vessel, at the time of her arrival within the district comprehending the port to which she may belong, shall severally be liable to a penalty of one hundred dollars, and the certificate of registry shall be thenceforth void. R. s.,4163. jf an y O f ^ ie ma tters of fact alleged in the oath taken by an agent or attorney to obtain the registry of a vessel which are within the knowledge of the party so swearing. are not true, there shall be a forfeiture of vessel, together with her tackle, apparel, and furniture, in respect to which the same was made, or of the value thereof, to be recovered, with costs of suit, of the person by whom such oath was made. 37. Form of register. R. s., 4155. AY hen the several matters hereinbefore required, in order to the registering of any vessel, have been complied with, the collector of the district comprehending the port to which she belongs shall make and keep in some proper book a registry thereof, and shall grant a certificate of such registry, as nearly as may be, in the form following: In pursuance of chapter one, Title XL VIII, " REGULA- TION OF COMMERCE AND NAVIGATION," of the Revised Statutes of the United States, (inserting here the name. occupation, and place of abode of the person by whom the oath was made), having taken and subscribed the oath required by law, and having sworn that he (or she, and if more thaiTone owner, adding the words, " together with," and the name or names, occupation or occupations, plaee or places of abode, of the owner or owners, and the part or proportion of such vessel belonging to each owner) is (or are) the only owner (or owners) of the vessel called the (inserting here her name), of (inserting here the port to which she may belong), whereof (inserting here the name of the master) is at present muster, and is a eiti/en of the United States, and that the said vessel was (inserting here when and where built), and (inserting here the name and office, if any, of the person by whom she shall have been surveyed or measured) having cert i- fied that the said vessel has ( insert ing here the number of decks) and (inserting here the number of masts), and that her length is (inserting here the number of feet ), her breadth (inserting here the number of feet), her depth (inserting here the number of feet), and that she meas- ures (inserting here her number of tons); that she is (describing here the particular kind of vessel, whether 1'Airr III. IMKTMKXTR OF VKSSKI.S. 37 sliin. brigantine. snow, -chooner, sloop, or whatever else, together with her build, and specifying whether she h;is any or no gallery or head): and the said (naming (lie owner, or the master, or oilier person acting in behalf of the owner or owners, by whom the certificate of measure nient has been countersigned, MS a foresaid ) having agreed to the description and measurement ahove sj)eeilied. ac- cording to law, the said vessel has been duly registered at the port of (naming the port where registered). (Jiven under my band and seal, at (naming the said port), this ( insert ing the particular day) day of (naming the month), in the year (specifying the number of the year, in words, at length). AYhen the master of such vessel himself makes oath u. s.. -nr.r,. touching his being a citixen. the wording of the certificate shall be varied so as to be conformable to the truth of the case. "Where a new certificate of registry is granted in consequence of any transfer of a vessel, the words shall be so varied as to refer to the former certificate of registry for her measurement. The collector of each district shall progressively num.- R. s., 4170. her the certificates of the registry by him granted, begin- ning anew at the commencement of each year, and shall enter an exact copy of each certificate in a book to be kept for that purpose: and shall, once in three months, trans- J^. y ., r> ' 1884 - mit to the Commissioner of Navigation copies of all the certificates which shall have been granted by him, includ- ing the number of each. It shall be the duty of the Secretary of Commerce K. s., 4157. to cause to be provided blank certificates of registry, sic.' 10.' 1{ and such other papers as may be necessary, executed in such manner and with such marks as he may direct. No certificate of registry shall be issued, except such as shall have been so provided and marked. The Secretary of Commerce shall cause to be trans- Je. mitted. from time to time, to the collectors of the sev- sec.'io.' eral districts, a sufficient number of forms of the cer- tificates of registry, attested under the seal of the De- partment of Commerce and the hand of the Commis- July 5> 1! sioner of Navigation, with proper blanks, to be filled by the collectors, respectively, by whom also the cer- tificates shall be signed and sealed, before they are issued : and where there is a naval officer at any port, they shall be countersigned by him: and where there is a sur- veyor, but no naval officer, they shall be countersigned by him. A copy of each certificate issued shall be trans- mitted to the Commissioner of Navigation, who shall cause a record to be kept of the same. 38. Custody and surrender of register. A certificate of regi>try shall be solely used for the ves- ^ sel for which it is granted, and shall not be sold, lent, or sec.' 2. ' otherwise disposed of, to any person whomsoever; and in 38 NAVIGATION LAWS OF THE UNITED STATES. case the vessel so registered shall be lost, or taken by an enemy, burned, or broken up, or shall be otherwise pre- vented from returning to the port to which she may belong, the certificate, if preserved, shall be delivered up within eight days after the arrival of the master or person having the charge or command of such vessel within an} 7 district of the United States, to the collector of such dis- trict; and if any foreigner, or any person for the use and benefit of such foreigner, shall purchase or otherwise become entitled to the whole, or any part or share of, or interest in such vessel, the same being within a district of the United States, the certificate shall, within seven days after such purchase, change, or transier of property, be delivered up to the collector of the district; and if any such purchase, change, or transfer of property shall hap- pen when such vessel shall be at any foreign port or place, or at sea, then the master or person having the charge or command thereof shall, within eight clays after his arrival Avithin any district of the United States, deliver up the certificate to the collector of such district. Any master or owner violating the provisions of this section shall be liable to a penalty of not exceeding five hundred dollars, and the certificate of registry shall be thenceforth void. Feb. 14, 1903. The Secretary of Commerce shall have the power to remit or mitigate such penalty if in his opinion it was incurred without willful negligence or intention of fraud. 39. Registers to corporations. R.S., 4137. Registers for vessels owned by any incorporated com- pany may be issued in the name of the president or secre- tary of such company; and such register shall not be vacated or affected by sales of any shares of stock in such company. R. s., 4138. Upon the death, removal, or resignation of such presi- dent or secretary of any incorporated company owning any vessel, a new register shall be taken out for such vessel. R. s.,4i:;o. Previous to granting a register for any vessel owned by June 24, 15 02. aJ ry incorporated company. <>r by an individual or indi- viduals, the president or secretary of such company, or any other ollicer or agent thereof, duly authori/ed by said company in writing, attested by the corporate seal there- of, to act for the company in this behal f. or the managing owner, or his agent duly authori/ed by power of attorney, when such vessel is owned by an individual or individ- uals shall swear to the ownership of the vessel without designating tl> (1 names of the persons composing the com- pany, when such vessel is owned by a corporation, and the oath of either of said officers or agents shall be deemed sufficient without requiring the oath of any other person interested and concerned in such vessel. PART III. DOCUMENTS OP VESSELS. 30 40. Change of owner. Whenever it appears, by satisfactory proof, to the .V;, Commissioner of Navigation (hat any vessel has been sold Bec.2. and transferred l>y process of law. and that the register of such vessel is retained l>y the former owner, the Coin niissioner may direct the collector of the district to which such vessel may belong to grant a new register, under such sale, on the owners complying with such terms and conditions as are by law required for granting such papers: excepting only the delivering up of the former certificate of registry. But nothing in this section shall be construed to remove the liability of any person to any penally for not surrendering the papers belonging to any vessel, on a transfer or sale of the same. When any vessel, registered pursuant to any law of the n. s., 4166. United States, shall, while she is without the limits of the Tinted States, be sold or transferred in whole or in part to a citizen of the United States, such vessel on her first arrival in the United States thereafter, shall be enti- tled to all the privileges and benefits of a vessel of the United States: Provided, That all the requisites of law, in order to the registry of vessels, shall be complied with, and a new certificate of registry obtained for such vessel, within three days from the time at which the master or other person having the charge or command of such vessel is required to make his final report upon her first arrival afterward. 41. Change of build. Whenever any vessel, which has been registered, is, in R. s., 4170. whole or in part, sold or transferred to a citizen of the United States, or is altered in form or burden, by being lengthened or built upon, or from one denomination to another', by the mode or method of rigging or fitting, the vessel shall be registered anew, by her former name, ac- cording to the directions hereinbefore contained, other- wise she shall cease to be deemed a vessel of the United States. The former certificate of registry of such vessel shall be delivered up to the collector to whom application for such new registry is made, at the time that the same gScfj?' 1! is made, to be by him transmitted to the Commissioner of Navigation, who shall cause the same to be canceled. In every such case of sale or transfer, there shall be some in- strument of writing, in the nature of a bill of sale, which shall recite, at length, the certificate; otherwise the ves- sel shall be incapable of being so registered anew. 42. Change of master. When the master or person having the charge or com- u s., 4171. mand of a registered vessel is changed, the owner, or one of the owners, or the new master of such vessel, shall report such change to the collector of the district where 40 NAVIGATION LAWS OF THE UNITED STATES. the sail ic has happened, or where the vessel shall first be after the same has happened, and shall produce to him the certificate of registry of such vessel, and shall make oath, showing that such new master is a citizen of the United States, and the manner in which or means whereby he is so a citizen. Thereupon the collector shall indorse upon the certificate of registry a memorandum of such change. specifying the name of such new master, and shall sub- scribe the memorandum with his name: and if other than the collector of the district by whom the certificate of reg- istry was granted, shall transmit a copy of the memoran- dum to him, with notice of the particular vessel to which it relates; and the collector of the district, by whom the certificate shall have been granted, shall make a like mem- orandum of such change in his book of registers, and shall 1884. transmit a copy thereof to the Commissioner of Naviga- tion. If the change is not reported, or if the oath is not taken, as above directed,* the registry of such vessel shall be void, and the master or person having the charge or command of her shall be liable to a penalty of one hun- dred dollars. 43. Mortgage and bill of sale. R. s., 4192. No bill .of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel, of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof, unless such bill of sale, mortgage, hypothecation, or conveyance is recorded in the office of the collector of the customs where such vessel is registered or enrolled. The lien by bottomry on any vessel, created during her voyage, by a loan of money or materials neces- sary to repair or enable her to prosecute a voyage, shall not, however, lose its priority, or be in any way affected by the provisions of this section, K. s ., 4193. The collectors of the customs shall record all such bills of sale, mortgages, hypothecations, or conveyances, and, also, all certificates for discharging and canceling any such conveyances, in books to be kept for that purpose, in the order of their reception; noting in such books, and also on the bill of sale, mortgage, hypothecation, or con- veyance, the time, when the same was received: and shall certify on the bill of sale, mortgage, hypothecation, or conveyance, or certificate of discharge or cancellation, the nlim j, ( , r () f } ie } )()() ] v - .,,] p ; ,or ( > \vhere recorded: but no bill of sale, mortgage, hypothecation, conveyance, or dis- charge of mortgage or other incumbrance of any V( shall be recorded, unless the same is duly acknowledged before a notary public or other ollicer authorized to take acknowledgment of deeds. The collectors of the customs shall keep an index of such records, inserting alphabetically the names of the vendor or mortgagor, and of the purchaser or mortgagee. June in. PART III. DOCUMENTS OF VESSELS. 41 :uul .shall permit such index and books of records t< he inspected during ollice hours, under such reasonable regu- lations as they may establish, and shall, when required, furnish to any person a ceil ilicate, setting forth the names of the owners of any vessel registered or enrolled, the parts or proportions owned by each, if inserted in the register or enrollment, and also the material facts of any i: x'isling bill of sale. mortgage, hypothecation, or other inciimbrance upon such vessel, recorded since the issuing of the last register or enrollment, viz, the date, amount of such incumbrance, and from and to whom or in whose June 10, 1886. favor made. The collectors of the customs shall furnish certified u. s., 4195. copies of such records, on the receipt of fifty cents for each bill of sale, mortgage, or other conveyance. All bills of sale of vessels registered or enrolled, shall R. s.,4iiMj. set forth the part of the vessel owned by each person sell- ing, and the part conveyed to each person purchasing. 44. Sale to alien. 1 f any vessel registered as a vessel of the United States R. s., 4172. shall be sold or transferred, in whole or in part, by way of trust, confidence, or otherwise, to a subject or citizen of any foreign prince or state, and such sale or transfer shall not be made known, as hereinbefore directed, such vessel, together with her tackle, apparel, and furniture, shall be forfeited. If such vessel, however, be so owned in part only, and it is made to appear to the jury before whom the trial for such forfeiture is had, that any other owner of such vessel, being a citizen of the United States, was wholly ignorant of the sale or transfer to or owner- ship of such foreign subject or citizen, the share or inter- est of such citizen of the United States shall not be sub- ject to such forfeiture, and the residue only shall be so forfeited. 45. Loss of register. Whenever the certificate of the registry of any vessel is R. s., 4i7. lost, destroyed, or mislaid, the master, or other person having the charge or command thereof, may make oath before the collector of the district where such vessel shall first be after such loss, destruction, or mislaying, in the form following: "I, (inserting here the name of the person swearing), being master (or having the charge or command) of the ship or vessel called the (inserting the name of the vessel), do swear (or affirm) that the said vessel hath been, as I verily believe, reg- istered according to law, by the name of (inserting again the name of the vessel), and that a certificate thereof was granted by the collector of the district of (naming the district where registered), which certifi- cate has been lost (or destroyed, or unintentionally and by mere accident mislaid, as the case may be) ; and (except where the certificate is alleged to have been destroyed) that the same, if found again, and within 42 NAVIGATION LAWS OF THE UNITED STATES. my power, shall be delivered up to the collector of the dis- trict in which it was granted." Such oath shall be sub- scribed by the party making the same ; and upon such oath being made, and the other requisites of this Title [R. S., 4131-4305] in order to the registry of vessels being com- plied with, it shall be lawful for the collector of the dis- trict before whom such oath is made, to grant a, new register, inserting therein that the same is issued in lieu of the one lost or destroyed. R. s., 4168. Whenever a register is granted in lieu of one lost or destroyed, by any other than the collector of the district to which the vessel actually belongs, such register shall, within ten days after her first arrival within the district to which she belongs, be delivered up to the collector of such district, who shall, thereupon, grant a new register in lieu thereof. And in case the master or commander shall neglect to deliver up such register within the time above mentioned, he shall be liable to a penalty of one hundred dollars; and the former register shall become null and void. 46. Failure to deliver former register. R. s., 4169. I n every case in which a vessel is required to be regis- tered anew, if she shall riot be so registered anew, she shall not be entitled to any of the privileges or benefits of a ves- sel of the United States. And if her former certificate of registry is not delivered up, except where the same may have been destroyed, lost, or unintentionally mislaid, and an path thereof shall have been made, as hereinbefore pre- scribed, the owner of such vessel shall be liable to a pen- alty of five hundred dollars, to be recovered, with costs of suit. 47. Cancellation of register. R. s., 4174. Every certificate of registry which is delivered up to a collector on the loss, destruction, or capture of a vessel, or July 5, 1884. the transfer thereof to a foreigner, shall be forthwith sec. 2. transmitted to the Commissioner of Navigation to be can- celed ; who, if the same shall have been delivered up to a collector other than of the district in which it was granted, shall cause notice of such delivery to be given to the col- lector of such district. R. s., 4175. Whenever the master or owner of a vessel shall deliver up the register of such vessel, airreeablv t< the provisions of this Title [R. S., 4131-4305], if to the collector of the di.-trict where the same was granted, the collector shall Jan. 16, 1895. thereupon cancel the bond which shall have Urn given at the time of granting such register; or il' to the collector of any other district, such collector shall grant to the master, commander, or owner, a receipt or acknowledgment that such register has been delivered to him. and the time when; and upon such receipt being produced to the collector by whom the register was granted, he shall cancel the bond PART III. DOCUMENTS OF VESSELS. 43 of the party, as if the register had been returned t<> him. [NOTE. Bonds abolished elan. 16, 1895. This section ap- plies only to outstanding bonds.] 48. Change of trade. The collectors of the several districts may enroll and R. s.,4322. license any \essel that may be registered, upon such regis- try being given up, or may register any vessel that may be enrolled, upon such enrollment and license being given up. When any vessel shall be in any other district than the R> g. f 4323. one to which she belongs, the collector of such district, on the application of the master thereof, and upon his taking an oath that, according to his best know ledge and belief, the property remains as expressed in the register or enrollment proposed to be given up, shall make the exchange of an enrollment for a register or a register for Jan. 16, 1005. an enrollment; but in every such case, the collector to whom the register or enrollment and license may be given up shall transmit the same to the Commissioner of Navi- j u iy 5, 1884. gat ion; and the register, or enrollment and license, granted in lieu thereof, shall, within ten days after the arrival of such vessel w r ithin the district to which she belongs, be delivered to the collector of the district, and be by him canceled. If the master shall neglect to deliver the register or enrollment and license within suck time, he shall be liable to a penalty of one hundred dollars. 49. Method of enrollment and license. In order for the enrollment of any vessel, she shall pos- R. s., 4312. sess the same qualifications, and the same requirements in all respects shall be complied with, as are required before registering a vessel ; and the same powers and duties are conferred and imposed upon all officers, respectively, and the same proceedings shall be had, in enrollment of ves- sels, as are prescribed for similar cases in registering ; and vessels enrolled, with the masters or owners thereof, shall be subject to the same requirements as are prescribed for registered vessels. 50. Oath of master and owner. Xo licensed vessel shall be employed in any trade where- R - s -' 432 - by the revenue laws of the United States shall be de- frauded. The master of every such vessel shall swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or any other employment than that for which it was specially granted, or in any trade or business whereby the revenue of the United States may be defrauded; and if such vessels be less than twenty tons burden, the husband or managing owner shall swear that she is wholly the property of citizens of the United States; whereupon it shall be the duty of the collector of the district comprehending the port w T hereto such vessel may belong to grant a license. 44 NAVIGATION LAWS OF THE UNITED STATES. stc'5 16 ' 1895 * Any master or owner violating the provisions of this sec- tion shall be liable to the penalty of two hundred dollars, sec." 10.' 1( 3 ' in addition to any other penalty imposed by law. The Secretary of Commerce shall have power to remit or mitigate any such penalty if in his opinion it was in- curred without negligence or intention of fraud. 51. Fees. June io, 8 i886 ^^ vessels subject to enrollment or license shall be liable ' to the payment of the fees established by law for services of customs officers incident thereto. [See par. 477.] 52. Form of enrollment. ii. s.,43i9. The record of the enrollment of a vessel shall be made, ' and an abstract or copy thereof granted, as nearly as may be in the following form : [""] Enrollment. In conformity to Title L, [R, S. 4311-4390] ' REGULATION OF VESSELS IN DOMESTIC COMMERCE,' of the Revised Statutes of the United States, (inserting here the name of the person, with his occupation and place of abode, by whom the oath or affirmation is to be made,) having taken and subscribed the oath (or affirmation) required by law, and having sworn (or affirmed) that he (or she, and if more than one owner adding the words ' together with,' and the name or names, occupation or occupations, place or places of abode [,] of the owner or owners, and the part or propor- tion of such vessel belonging to each owner) is (or are) a citizen (or citizens) of the United States, and sole owner (or owners) of the ship or vessel called the (inserting here her name), of (inserting here the name of the port to which she may belong), whereof (inserting here the name of the master) is at present master, and is a citizen of the United States, and that the said ship or vessel was (inserting here when and where) built, and (inserting here the name and office, if any, of the person by whom she shall have been surveyed and measured), having certified that the said ship or vessel has (inserting here the number of decks) , and (inserting here the number of masts) . and that her length is (inserting here the number of feet), her breadth ( inserting here the number of feet), her depth (inserting here the number of feet), and that she meas- ures (inserting here her number of tons) ; that she is (de- scribing here the particular kind of vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else, to- gether with her build, and specifying whether she has any or no gallery or head), and the said (naming the owner or the master, or other person acting in behalf of the owner or owners, by whom the certificate of measurement shall have been countersigned) , having agreed to the de- scription and measurement above specilicd, according to Jan. 16, 1895. tne ga j ( | Title, the said ship or vessel has been duly en- rolled at the port of (naming the port where, enrolled). (Jiven under my hand and seal, at (naming the said port), this (inserting the particular day) day of (naming the PART III. DOCUMENTS ol VI.SSELS. 45 month), in the year (specifying the number of the year, in words, at length)." 1'uder the direction of the Secretary of Commerce the ft*- H. Commissioner of Navigation is hereby authori/ed and directed from time to time to consolidate into one docu- ment in the case of any vessel of the United States, the form of enrollment prescribed bysection forty-three hun- dred nnd nineteen of the Revised Statutes and the form of license prescribed by section forty-three hundred and twenty-one of the Revised Statutes, and such consolidated form shall hereafter be issued to a vessel of the United States in lieu of the separate enrollment and license, now prescribed by law, and shall be deemed sufficient compli- ance with the requirements of laws relating to the subject. This Act shall not be construed to amend any law now ^f-g 24 * 1006 - in force concerning the compensation of officers of the customs for service connected with the enrollment and license of vessels. 53. Form of license. The form of a license for carrying on the coasting- 5pr''24 2 ibo6 trade or fisheries shall be as follows: " License for carrying on the (here insert ' coasting trade,' ' whale-fishery,' ' mackerel-fishery,' or ' cod-fishery,' as the case may be). "In pursuance of Title L [R. S., 4311-4390], 'REGULA- TION OF VESSELS IN DOMESTIC COMMERCE,' of the Revised Statutes of the United States, (inserting here the name of the husband or managing owner, with his occupation and place of abode), and the name of the master, with the place of his abode, having [given bond] that the (insert Jan - 16 ' 1! here the description of the vessel, whether ship, brigan- tine, snow, schooner, sloop, or whatever else she may be), called the (insert here the vessel's name), whereof the said (naming the master) is master, burden (insert here the number of tons, in words) tons, as appears by her enroll- ment, dated at (naming the district, day, month and year, in words at length, but if she be less than twenty tons, in- sert, instead thereof, ' proof being had of her admeasure- ment') shall not be employed in any trade, while this license shall continue in force, whereby the revenue of the United States shall be defrauded, and having also sworn (or affirmed) that this license shall not be used for any other vessel, or for any other employment, than is herein specified, license is hereby granted for the said (inserting here the description of the vessel) called the (inserting here the vessel's name,) to be employed in carrying on the (inserting here 'coasting-trade,' 'whale-fishery,' 'mack- erel-fishery,' or ' cod-fishery,' as the case may be) , for one year from the date hereof, and no longer. Given under my hand and seal at (naming the said district), this (in- serting the particular day), day of (naming the month), 46 NAVIGATION LAWS OF THE UNITED STATES. in the year (specifying the number of the year in words at length)." [Bonds abolished Jan. 16, 1895.] R. s., 4333. The collector of each district shall progressively number the licenses by him granted, beginning anew at the com- mencement of each year, and shall make a record thereof in a book, to be by him kept for that purpose, and shall, July 5, 1884. once in three months, transmit to the Commissioner of Navigation copies of the licenses which shall have been so granted by him; and also of such licenses as shall have been given up or returned to him, respectively, in pur- suance of this Title [R. S., 4311-4390]. Whenever any vessel is licensed or enrolled anew, or being licensed or enrolled is afterward registered, or being registered is afterward enrolled or licensed, she shall, in every such case, be enrolled, licensed, or registered by her former name. 54. Duration of license. R. s., 4324, Xo license, granted to any vessel, shall be considered in force any longer than such vessel is owned, and of the description set forth in such license, or for carrying on any other business or employment than that for which she is specially licensed. 55. Surrender of license. R. s., 4325. The license granted to any vessel shall be presented sJc r .*2 24 ' 1! 6 ' for renewal by endorsement to the collector of customs of the district in which the vessel then may be within three days after the expiration of the time for which it was granted, or, if she be absent at that time, within three days from her first arrival within a district. In case of change of build, ownership, district, trade, or arrival under temporary papers in the district where she belongs the license shall be surendered. If the master shall Tail to deliver the license he shall be liable to a penalty of ten dollars, which shall not be mitigated. Sec - s. This Act shall not be construed to amend any law now in force concerning the compensation of officers of the customs for service connected with the enrollment and license of vessels. R s.,4326. If such license, however, shall have been previously given up to the collector of any other district, as author- ized by this Title [R. S., 4311-4390], and a certificate thereof under the hand of such collector be produced by such master, or if such license be lost, or destroyed, or unintentionally mislaid so that it cannot be found, and the master of such vessel shall make and subscribe an oath that such license is lost, destroyed, or unintentionally mis- laid, as he verily believes, and that the same, if found. shall be delivered up, as is herein required, then the pen- alty prescribed in the preceding section shall not be in- curred. If such license shall be lost, destroyed, or unin- tentionally mislaid, before the expiration of the time for which it was granted, upon the like oath being made and PART III. DOCUMENTS OK VESSEL'S. 47 subscribed by tin 1 master of such ?Q6ael, tin 1 collector, upon application being made therefor, .-hall license such I anew. The owner of any licensed \essel may return such K - s - J:; - T - license to the collector who granted the same, at any time within the year for which it was granted : and thereupon the collector shall cancel the same, and shall license such anew, upon the application of the owner, and upon the conditions hereinbefore required being complied with. 56. Enrollment and license to corporations. Knrollments and licenses for vessels owned by any in- 1; - s - l::1:: - corporated company may be issued in the name of the president or secretary of such company; and such enroll- ments or licences shall not be vacated or all'ected by any sale of shares of stock in such company. Previous to irraiitinir enrollment and license for anv B.B.,4814. IT i i i June " I 1901i * vessel owned by any incorporated company, or by an indi- vidual or individuals, the president or secretary of such company, or any other officer or agent thereof, duly au- thonzed by said' company in writing, attested by the cor- porate seal thereof, to act in its behalf, or the managing owner, or his agent duly authorized by power of attorney, when such vessel is owned by an individual or individuals, shall swear to the ownership of such vessel without desig- nating the names of the persons composing such company, when such vessel is owned by a corporation, which oath shall be deemed sufficient without requiring the oath of any other person interested or concerned in such vessel. Upon the death, removal, or resignation of the presi- s.,4315. dent or secretary of any incorporated company owning any steamboat or vessel, a new enrollment and license shall be taken out for such steamboat or vessel. 57. Change of owner. Whenever it appears, bv satisfactory proof, to the Com- } }-?-~ : ' n - T A . , * i 1 -, i i-, i July o, lo missioner or Navigation that any vessel has been sold and transferred by process of law, and that the certificate of enrollment or license of such vessel is retained by the for- mer owner, the Commissioner may direct the collector of the district to which such vessel belongs to grant a new certificate of enrollment or license, on the owner's, under such sale, comply ing with such terms and conditions as are, by law required for granting of such papers, excepting only the delivering up of the former certificate of enroll- ment or license. But nothing in this section shall be con- strued to remove the liability of any person to any penalty for not surrendering up the papers belonging to any ves- sel, on a transfer or sale of the same. 58. Change of master. Whenever the master of any licensed vessel, ferry-boats l: s J:::::i - excepted, is changed, the new master, or, in case of his 02075 15 4. 48 NAVIGATION LAWS OF THE UNITED STATES. absence, the owner or one of the owners thereof, shall report such change to the collector residing at the port where the same happens, if there be one ; otherwise, to the collector residing at any port where such vessel next arrives, who, upon the oath of such new master, or, in case of his absence, of the owner, that such master is a citizen of the United States, and that such vessel shall not, while such license continues in force, be employed in any man- ner whereby the revenue of the United States may be de- frauded, shall indorse such change on the license, with the name of the new master. Whenever such change is not reported, and indorsed, as herein required, such vessel, if found carrying on the coasting-trade or fisheries, shall be subject to pay the same fees and tonnage as a vessel of the United States having a register, and the new master shall be liable to a penalty of ten dollars. 59. Certification by customs officer. R. s., 4332. In every case where the collector is by this Title [R. S., 4311-4390] directed to grant any enrollment, license, cer- tificate, permit or other document, the naval officer resid- ing at the port, if there be one, shall sign the same; and every surveyor who certifies a manifest, or grants any permit or who receives any certified manifest, or any permit, as is provided for in this Title, shall make return thereof, monthly, or sooner, if it can conveniently be made, to the collector of the district where such surveyor resides. 60. Enrollment outside of district. R. s., 4328. Whenever it becomes necessary for the owner of any vessel of the United States navigating the waters of the Apr. 17, 1S74. "United States, and being in a district other than that to which such vessel belongs, to procure her enrollment and license, or license, or renewal thereof, the same proceed- ings may be had in the district in which the vessel then is as are required by law on application for such enrollment and license, or license, or renewal thereof, as the case may he. in the district to which such vessel belongs, excepting Jan. 16, 1895. ^} ie enrollment and issuance of license; and the officer be- fore whom such proceeding is had shall certify the same to the collector of the district to which such vessel be- longs, who shall thereupon duly enroll the vessel and issue license in the same form as if the application had originally been made in this office; and shall either de- liver the license to the owner, or forward it by mail to the ollirer who certified to him the preliminary proceedings: and in the latter case, such ollicer shall deliver the license to the owner or master of the vessel. 61. Special provisions for enrollment and license. 1; - s -- 4:>>|u - The assistant collector at .Jer.-ey City may enroll and license all vessels engaged in the coasting-trade and fish eries, owned in whole or in part by residents of the coun- ties of Hudson and Bergen, in the State of New Jersey. PART III. DOCUMENTS OF VESSELS. 49 The assistant collector for the port of Camden, in New 1: s - 4341 - Jersey, may enroll and license all vessels engaged in the coasting-trade and fisheries, owned in whole or in part by residents of that portion of the Hridgcton district, lying north of Alloway's Creek, in the county of Salem, in the State of New Jersey. The owners of vessels residing on New River, in Onslow K. &,4M County, in the State of North Carolina, shall liave the privilege of taking out registers or enrollments and licenses at Wilmington, in that State, and the collector of that district may grant the same on the conditions required by law. The deputy collector who may be appointed to reside K - s - 1::>:: - at Chesapeake City, in Maryland, shall have power to grant enrollments and licenses to vessels. The Secretary of Commerce may authorize the sur- B^b."l4? veyor of any port of delivery, under such regulations as sec.'io.' he shall deem necessary, to enroll and license vessels to be employed in the coasting-trade and fisheries, in like manner as collectors of ports of entry are authorized to do. The surveyors appointed for the ports of Cold Spring, R- SM 4a on the north side of Long Island, Greenport and Port Jefferson, all in the State of New York, shall have power to enroll and license vessels to be employed in the coasting trade and fisheries, and to enter and clear, and grant reg- isters and other usual papers to vessels employed in the whale-fisheries, under such restrictions and regulations as gjj'io' 19 3 ' the Secretary of Commerce may deem necessary. Any surveyor who shall perform the duties directed to R he performed by the two preceding sections shall be en- titled to receive the same commissions and fees as are allowed by law to collectors, for performing the same duties. 62. Inspection of enrollment and license. Any officer concerned in the collection of the revenue R - s - 4336> may at all times inspect the enrollment or license of any vessel ; and if the master of any such vessel shall not ex- hibit the same, when required by such officer, he shall be liable to a penalty of one hundred dollars. 63. Becord of American-built vessels owned by aliens. Every vessel built in the United States, and belonging R - s - 418 - wholly or in part to the subjects of foreign powers, in order to be entitled to the benefits of a ship built and re- corded in the United States, shall be recorded in the office of the collector of the district in which such vessel was built, in the manner following: The builder of every such vessel shall make oath before the collector of such district in manner following: "I, (inserting here the name of such builder), of (inserting here the place of his resi- dence), shipwright, do swear (or affirm) that (describing 50 NAVIGATION LAWS OF THE UNITED STATES. here the kind of vessel, as whether ship, brig, snow, schooner, sloop, or whatever else) named (inserting here the name of the ship or vessel), having (inserting here the number of decks) , and being yi length (inserting here the number of feet), in breadth (inserting here the number of feet), in depth (inserting here the number of feet), and measuring (inserting here the number of tons), hav- ing (specifying whether any or no) gallery, and (also specifying whether any or no) head, was built by me or under my direction at (naming the place, county, and State), in the United States, in the year (inserting here the number of the year)." Which oath shall be sub- scribed by the person making the same, and shall be recorded in a book to be kept by the collector for that purpose. R. s., 4i8i. The collector shall cause the vessel so built to be sur- veyed or measured, and the person by whom such measure- ment is made shall grant a certificate thereof, as in the case of a vessel to be registered, which certificate shall be countersigned by the builder, and by an owner or the master or person having the command or charge thereof, or by some other person being an agent for the owner thereof, in testimony of the truth of the particulars therein contained. R. s., 4182. A certificate of the record, attested under the hand and seal of the collector, shall be granted to the master of every such vessel, as nearly as may be, of the form fol- lowing: "In pursuance of chapter one, Title XLVIII [R. S., 4131-4305], "REGULATION OF COMMEUCK AND XAVT- CATIONV' of the Revised Statutes of the United States, I, (inserting here the name of the collector of the district), of (inserting here the name of the district) , in the United States, do certify that (inserting here the name of the builder), of (inserting here the place of his resident, county, and State), having sworn (or affirmed) that the (describing the ship or vessel, as in the certificate of record) named (inserting here her name) , whereof (in- serting here the name of the master) is. at present, master, was built at (inserting here (he name of the place, county, and State where built ), by him or under his direction, in the year (inserting here the number of the year) : and (inserting here the name of the surveyor, or other per- son, by whom the measurement shall have hcen made) having certified that the said ship or vessel has (insert- ing here her number of decks), is in length (iu>crt- ing he.re (he number of feet), in breadth (inserting here the number of feet), in depth (inserting here the num- . ber of feet), and measures ( insert ing here the num- ber of tons): And the said builder and (naming and describing the owner, or master, or agent for the owner or owners, as the case, may be, by whom the said cer- tificate shall have hcen countersigned) having agreed to the said description and admeasurement, the said PART III. DOCUMENTS OF VESSELS. 51 vessel has been recorded, in the district of (inserting here the mime of the district where recorded), in the United States. Witness my hsind and seal this (inserting here the day of the month) d:iy of ( insert ing here the name of the month 1 ), in the year (inserting here the niiinher of the year)." Which certilieate shall be re- corded in tlie olliceof the collector, and a duplicate thereof 3u] J 5 - 1884 - transmitted to the Commissioner of Navigation to be re- corded in his ollice. Whenever the master or the name of a vessel so recorded II - s - 4183 - is changed, the owner, part owner, or consignee of such vessel shall cause a memorandum thereof to be indorsed on the certificate of the record, by the collector of the dis- trict, where such vessel may be, or at which she shall first arrive if such change took place in a foreign country; and a copy thereof shall be entered in the book of records, a transcript whereof shall be transmitted by the collector to the collector of the district where such certificate was granted, if not the same person, who shall enter the same in his book of records, and forward a duplicate of such July 5> 1! entry to the Commissioner of Navigation; and in such case, until the owner, part owner, or consignee shall cause the memorandum to be made by the collector, in the man- ner above prescribed, such vessel shall not be deemed a vessel recorded, in pursuance of this Title [R. S., 4131- 4305]. The master or other person having the command or R - s - 4184 - charge of any vessel, recorded in pursuance of this Title [R. S., 4131-4305], shall, on entry of such vessel, produce the certificate of such record to the collector of the dis- trict where she is so entered ; and in default thereof the vessel shall not be entitled to the privileges of a recorded vessel. 64. Offenses against the registry law. Every collector or officer who knowingly makes, or is R - s - 4187 - concerned in making, any false register or record, or who knowingly grants or is concerned in granting, any false certificate of registry or record of or for any vessel, or any other false document whatever touching the same, con- trary to the true intent and meaning of this Title [R. S., 4131-4305], or who designedly takes any other or greater fees than are by this Title allowed, or who receives any voluntary reward or gratuity for any of the services per- formed, pursuant thereto; and every surveyor or other person appointed to measure any vessel, who willfully delivers to any collector or naval officer a false description of such vessel, to be registered or recorded, shall be pun- ishable by a fine of one thousand dollars, and be rendered incapable of serving in any office of trust or profit under the United States. If any person authorized and required by this Title R- s " 41 [R. S., 4131-4305] to perform, as an officer, any act or 52 NAVIGATION LAWS OF THE UNITED STATES. R. S., 4189. R. S..4190. R. S. t 4191. R. S., 4373. R. S., 4374. thing, willfully neglects to do or perform the same, ac- cording to the true intent and meaning of this Title, he shall, if not subject to the penalty and disqualification prescribed in the preceding section, be punishable by a fine of five hundred dollars for the first offense, and by a like fine for the second offense, and shall thenceforth be rendered incapable of holding any office of trust or profit under the United States. Whenever any certificate of registry, enrollment, or license, or other record or document granted in lieu thereof, to any vessel, is knowingly and fraudulently ob- tained or used for any vessel not entitled to the benefit thereof, such vessel, with her tackle, apparel, and furni- ture, shall be liable to forfeiture. No sea-letter or other document certifying or proving any vessel to be the property of a citizen of the United States shall be issued, except to vessels duly registered, or enrolled and licensed as vessels of the United States, or to vessels which shall be wholly owned by citizens of the United States, and furnished with or entitled to sea-letters or other custom-house documents. Every person who knowingly makes, utters, or pub- lishes any false sea-letter, Mediterranean passport, or cer- tificate of registry, or who knowingly avails himself of any such Mediterranean passport, sea-letter, or certificate of registry, shall be liable to a penalty of not more than five thousand dollars, and, if an officer of the United States, shall thenceforth be incapable of holding any office of trust or profit under the authority of the United States. 65. Offenses against enrollment and license laws. Every collector, who knowingly makes any record of enrollment or license of any vessel, and every other officer. or person, appointed by or under them, who makes any record, or grants any certificate or other document what- ever, contrary to the true intent and meaning of this Title [R. S., 4311 i390], or takes any other or greater fees than are by this Title allowed, or receives for any service performed pursuant to this Title, any reward or gratuity. and every surveyor, or other person appointed to measure vessels, who willfully delivers to any collector or naval officer a false description of any vessel, to be enrolled or licensed, in pursuance of this Title, shall l>e liable to a penalty of five hundred dollars, and be rendered incapable of serving in any office of trust or profit under the United States. Kvery person, authorized and required by this Title [R. S., 4311-4390] to perform any act or thing as an officer, who willfully neglects or refuses to do and per- form the same, according to the true intent and meaning of this Title, shall, if not subject to the penalty and dis- qualifications prescribed in the preceding sect ion. he liable to a penalty of five hundred dollars for the first offense, PART in. I>Onv i s i <)ns l' law prescribing that the watch <\- ' cers of \essels of the Tinted Stales registered for foreign trade shall be citizens of the 1'nited States are hereby suspended so far and for such length of time as is herein provided, namely: All foreign-built ships which shall be admitted to Tnited States registry under said act may 54 I'AKT IV. ornrKUS OF MERCHANT VESSELS. 55 retain the watch officers employed thereon, without re- gard to eiti/enship, for- seven years from this date, and such watch oilier rs shall In' eligible for promotion. Any vacancy occurring among such watch officers within two years from this date may he filled without regard to citi/iMiship: hut any vacancy which may occur thereafter shall he filled l>v a' watch officer who is n citizen of the Tinted States. '* * * 67. Duration of licenses. All licenses issued to such officers shall be for a term s ^ if' ' S. may make application in writing for renewal and transmit the same to the board of local inspectors, with his certificate of citi/enship, if naturalized, and a state- ment of the applicant, verified before a consul or other ollicer of the United States authorized to administer an oath, sett inn: forth the reasons for not appearing in per- son; and upon receiving the same the board of local in- spectors that originally issued such license shall renew 7 the same and shall notify the applicant of such renewal: Pro- r'nh (1 further, That no license as master, mate, or pilot of any class of vessel shall be renewed without furnishing a satisfactory certificate of examination as to color blind- ness. And in all cases where the issue is the suspension or revocation of such licenses, whether before the local boards of inspectors (of steam vessels), as provided for in section forty-four hundred and fifty of the Revised Stat- utes, or before the supervising inspector, as provided for in section forty-four hundred and fifty-two of the Revised Statutes, the accused shall be allowed to appear by coun- sel and to testify in his own behalf. 68. Service during war. Xo master, mate, pilot, or engineer of steam vessels *' licensed under title fifty-two [R. S., 4399-4500] of the Re- vised Statutes shall be liable to draft in time of war, ex- cept for the performance of duties such as required by his license; and, while performing such duties in the service of the United States, every such master, mate, pilot, or engineer shall be entitled to the highest rate of wages paid in the merchant marine of the United States for similar services; and, if killed or w r ounded while per- forming such duties under th,e United States, they, qr their heirs, or their legal representatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States. May 28, 1896. Sec. 2. 56 NAVIGATION LAWS OP THE UNITED STATES. 69. Officer's license. Dec "4 43 i 8 sos The boards of local inspectors shall license and classify .i.m.' li; IJJOT! the masters, chief mates, and second and third mates, if 8e?J! 8< 1; 8 ' in charge of a watch, engineers, and pilots of all steam vessels, and the masters of sail vessels of over seven hun- dred gross tons, and all other vessels of over one hundred gross tons carrying passengers for hire. It shall be un- lawful to employ any person, or for any person to serve, as a master, chief mate, engineer, or pilot of any steamer or as master of any sail vessel of over seven hundred gross tons, or of any other vessel of over one hundred gross tons carrying passengers for hire, who is not licensed by the inspectors ; and anyone violating this section shall be liable to a penalty of one hundred dollars for each offense. [See act June 9, 1910, p. 351.] n. s., 4440. Every master, mate, engineer, and pilot who shall Fob. 19, 1907. ,. i_ i j -I receive a license shall, when employed upon any vessel, within forty-eight hours after going on duty, place his certificate of license, which shall be framed under glass, in somp conspicuous place in such vessel, where it can be seen by passengers and others at all times : Provided, That in case of emergency such officer may be transferred to another vessel of the same owners for a period not exceed- ing forty-eight hours without the transfer of his license to such other vessel; and for every neglect to comply with this provision by any such master, mate, engineer, or pilot, he shall be subject to a fine of one hundred dollars, or to the revocation of his license. [See act June 9, 1910, p. 351.] 70. Master's license. u. s., 44.,o. Whenever any person applies to be licensed as master sec.' i/. 1 ' l 98 ' of any steam vessel, or of a sail vessel of over seven hun- dred tons, the inspectors shall make diligent inquiry as to his character, and shall carefully examine the applicant as well as the proofs which he presents in support of his claim, and if they are satisfied that his capacity, experi- ence, habits of life, and character are such as warrant the belief that he can safely be intrusted with the duties and responsibilities of the station for which he makes applica- tion, they shall grant him a license authorizing him to dis- charge such duties on any such vessel for the term of five years; but such license shall be suspended or revoked upon satisfactory proof of bad conduct, intemperate habits, incapacity, inattention to his duties, or the willful viola- lion of any provision 1886 - excepting the lawful fees payable under this Title f R. S., 4501-4613], shall, for every such offense, be liable to a penalty of not more than two hundred dollars. [Fees payable by individuals abolished June 19, 1886.] 81. Illegal shipments. Whoever, with intent that any person shall perform |* r - 8 loon - service or labor of any kind on board of any vessel en- gaged in trade and commerce among the several States or with foreign nations, or on board of any vessel of the n^a^aet of United States engaged in navigating the high seas or anv navigable water of the United States, shall procure or induce, or attempt to procure or induce, another, by force or threats or by representations which he knows or believes to be untrue, or while the person so procured or induced is intoxicated or under the influence of any drug, to go on board of any such vessel, or to sign or in anywise enter into any agreement to go on board of any such vessel to perform service or labor thereon ; or who- ever shall knowingly detain on board of any such vessel any person so procured or induced to go on board thereof, or to enter into any agreement to go on board thereof, by any means herein defined; or whoever shall knowingly aid or abet in the doing of any of the things herein made unlawful, shall be fined not more than one thousand dol- lars, or imprisoned not more than one year, or both. All shipments of seamen made contrary to the provi- i:. s.,4523. , sions of any act of Congress shall be void; and any sea- man so shipped may leave the service at any time, and shall be entitled to recover the highest rate of wages of the port from which the seaman was shipped, or the sum agreed to be given him at his shipment. 62 NAVIGATION LAWS OF THE UNITED STATES. 82. Owners or masters may ship seamen in certain cases. Any person other than a commissioner under this Title [R. S., 4501-4613], who shall perform or attempt to per- form, either directly or indirectly, the duties which are by this Title set forth as pertaining to a shipping-commis- sioner, shall be liable to a penalty of not more than five hundred dollars. Nothing in this Title [R.^S., 4501-4613], however, shall prevent the Downer, or consignee, or master of any except vessels bound from a port in the United States to any foreign port, other than vessels engaged in trade be- tween the United States and the British North American possessions, or the West India Islands, or the republic of Mexico, and vessels of the burden of seventy- five tons or upward bound from a port on the Atlantic to a port on the Pacific, or vice versa, from performing, himself, so far as his vessel is concerned, the duties of shipping-commis- sioner under this Title. Whenever the master of am sel shall engage his crew, or any part of the same, in any collection-district where no shipping-commissioner shall have been appointed, he may perform for himself the duties of such commissioner. 83. Apprentices. R. s., 4509. Every shipping-commissioner appointed under this Title [R. S., 4501-4613] shall, if applied to for the pur- pose of apprenticing boys to the sea-service, by any master or owner of a vessel, or by any person legally qualified, give such assistance as is in his power for facilitating the making of such apprenticeships; but the shipping-com- missioner shall ascertain that the boy has voluntarily con- sented to be bound, and that the parents or guardian of such boy have consented to such apprenticeship, and that he has attained the age of twelve years, and is of sulli- cient health and strength, and that the muster to whom such boy is to be bound is a proper person for the purpose. Such apprenticeship shall terminate when the apprentice becomes eighteen years of age. The shipping-commis- sioner shall keep a register of all indentures of apprentice- ship made before him. n.s., 4510. The master of every foreign-going vessel shall, before carrying any apprentice to sea from any place in (he United States, cause such apprentice to appear before the shipping-commissioner he for" whom the crew is engaged. and shall produce to him the indenture by which such ap- prentice is bound, and the assignment or assignments thereof, if any : and the name of the apprentice, with the date of the indenture and of the assignment or assignments thereof, if any, shall be entered on the agreement : which shall be in the form, as near as may be. given in the table marked "A" in the schedule annexed to this Title | K. S.. ; and no such assignment shall be made with- PART V. MERCHANT SEAMEN. 63 out the approval of a commissioner, of tin*, apprentice, and of his parents or his guardian. For any violation of this section, the master shall he liable to a penalty of not more than one hundred dollars. 84. Agreement to ship in foreign trade. The master of every vessel hound from a port in the u. s., 4511. United States to any foreign port other than vessels en- r aired in trade between the Tinted States and the British North American possessions, or the West India Islands, or the repuhlie of Mexico, or of any vessel of the burden of seventy-five tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, be- fore he proceeds on such voyage, make an agreement, in writ ing or in print, with every seaman whom he carries to sea as one of the crew, in the manner hereinafter men- tioned ; and every such agreement shall be, as near as may be, in the form given in the table marked A, in the sched- ule annexed to this Title [R, S., 4501-4613], and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seaman signs the same, and shall contain the following particulars : First. The nature and, as far as practicable, the dura- tion of the intended voyage or engagement, and the port or country at which the voyage is to terminate. Secondl The number and description of the crew, speci- fying their respective employments. Third. The time at which each seaman is to be on board, to begin work. Fourth. The capacity in which each seaman is to serve. Fifth. The amount of wages which each seaman is to receive. Sixth. A scale of the provisions which are to be fur- nished to each seaman. Seventh. Any regulations as to conduct on board and Mar. 3, 1897. as to fines, short allowances of provisions, or other lawful Sec> 19> punishments for misconduct, which may be sanctioned by Congress or authorized by the Secretary of Commerce and Feb. 14, 1003. Labor not contrary to or not otherwise provided for by Sec ' 10 * law, which the parties agree to adopt. Eighth. Any stipulations in reference to allotment of June ge, 1884. wages, or other matters not contrary to law. [Repealed so far as relates to allotments in trade between the United States, Dominion of Canada, Newfoundland, the West Dec. 21, 1898. Indies and Mexico, and coasting trade of the United States, except between Atlantic and Pacific ports, by sec. 25 of Act of December 21, 1898.] The following rules shall be observed with respect to n. s., 4512. agreements : First. Every agreement except such as are otherwise specially provided for, shall be signed by each seaman in the presence of a shipping-commissioner. 92075 15 5 64 NAVIGATION LAWS OF THE UNITED STATES. Second. When the crew is first engaged the agreement shall be signed in duplicate, and one part shall be retained by the shipping-commissioner, and the other part shall contain a special place or form for the description and signatures of persons engaged subsequently to the first departure of the ship, and shall be delivered to the master. Third. Every agreement entered into before a shipping- commissioner shall be acknowledged and certified under the hand and official seal of such commissioner. The cer- tificate of acknowledgment shall be indorsed on or an- nexed to the agreement; and shall be in the following form: " State of , County of : " On this day of , personally appeared be- fore me, a shipping-commissioner in and for the said county, A. B., C. D., and E. F., severally known to me to be the same persons who executed the foregoing instru- ment, who each for himself acknowledged to me that he had read or had heard read the same ; that he was by me made acquainted with the conditions thereof, and under- stood the same ; and that, while sober and not in a state of intoxication, he signed it freely and voluntarily, for the uses and purposes therein mentioned." R. s. t 4513. Section 4511 shall not apply to masters of vessels where the seamen are by custom or agreement entitled to par- ticipate in the profits or result of a cruise or voyage, nor to masters of coastwise nor to masters of lake-going Feb. is, 1895. vessels that touch at foreign ports ; but seamen may, by agreement, serve on board such vessels a definite time, or, on the return of any vessel to a port in the United States, June 19, 1886. ma y re ship and sail in the same vessel on another voyage, without the payment of additional fees to the shipping- commissioner. [NOTE. Sec. 4511, however, does apply in part to masters of coastwise vessels whose crews are shipped under provisions of the act of Feb. 18, 1895.] R. s., 4519. The master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement, omitting signatures, to be placed or posted up in such part of the vessel as to be accessible to the crew; and on do- fault shall l)e liable to a penalty of not more than one hundred dollars. 85. Period of engagement. ' 1SS4 ' ^ master of a vessel in the foreign trade may eniraire a. seaman at any port in the United States, in the manner provided by law, to serve on a voyage to any port, or for PART V. MERCHANT SEAMEN. 65 the round trip from and to tlu 1 port of departure, or for a definite time, -whatever the destination. The master of a vessel making regular and stated trips bet ween the Tinted States and a foreign country may eniraire a seaman for one or more round trips, or for a definite time, or on the return of said vessel to the United States may reship such seamen for another voyage in the same vessel, in the man- ner provided by law, without the payment of additional fees to any officer for such reshipment or re-engagement. 86. Penalty for shipment without agreement. If any person shall be carried to sea, as one of the crew K s - "! on board of any vessel making a voyage as hereinbefore specified, without entering into an agreement with the master of such vessel, in the form and manner, and at the place and times in such cases required, the vessel shall be held liable for each such offense to a penalty of not more than two hundred dollars. But the vessel shall not be held liable for any person carried to sea, who shall have secretly stowed away himself without the knowledge of the master mate, or of any of the officers of the vessel, or who shall have falsely personated himself to the master, mate, or officers of the vessel, for the purpose of being carried to sea. If any master, mate, or other officer of a vessel know- R. s., 4515. ingly receives, or accepts, to be entered on board of any merchant-vessel, any seaman who has been engaged or supplied contrary to the provisions of this Title [R. S., 4501-4613], the vessel on board of which such seaman shall be found shall, for every such seaman, be liable to a penalty of not more than two hundred dollars. 87. Shipment in foreign ports before consuls. Every master of a merchant- vessel who engages any R. s., 4517. seaman at a place out of the United States, in which there is a consular officer or commercial agent, shall, before carrying such seaman to sea, procure the sanction of such officer, and shall engage seamen in his presence ; and the rules governing the engagement of seamen before a ship- ping-commissioner in the United States, shall apply to such engagements made before a consular officer or com- mercial agent ; and upon every such engagement the con- sular officer or commercial agent shall indorse upon the agreement his sanction thereof, and an attestation to the effect that the same has been signed in his presence, and otherwise duly made. 66 NAVIGATION LAWS OF THE UNITED STATES. R. s., 4518. Every master who engages any seaman in any place in which there is a consular officer or commercial agent. otherwise than as required by the preceding section, shall incur a penalty of not more than one hundred dollars, for which penalty the vessel shall be held liable. June 26, 1884. Every master of a vessel in the foreign trade may en- 2 ' 1897. g a g e anv seaman at any port out of the United States, in the manner provided by law, to serve for one or more round trips from and to the port of departure, or for a definite time, whatever the destination ; and the master of a vessel clearing from a port of the United States with one or more seamen engaged in a foreign port as herein provided shall not be required to reship in a port of the United States the seamen so engaged. sec. 3. 88. Crew list. R. 8., 4573. R. S., 4574. Before a clearance is granted to any vessel bound on a foreign voyage or engaged in the whale-fishery, the mas- ter thereof shall deliver to the collector of the customs a list containing the names, places of birth and residence, and description of the persons who compose his ship's company ; to which list the oath of the captain shall be annexed, that the list contains the names of his crew, together with the places of their birth and residence, as June 19, 1886. far as he can ascertain them ; and the collector shall deliver him a certified copy thereof. In all cases of private vessels of the United States sail- ing from a port in the United States to a foreign port, the list of the crew shall be examined by the collector for the district from which the vessel shall clear, and if ap- proved of by him, shall be certified accordingly. No per- son shall be admitted or employed on board of any such vessel unless his name shall have been entered in the list of the crew, approved and certified by the collector for the district from which the vessel shall clear. The collector, before he delivers the list of the crew, ap- proved and certified, to the master or proper officer of the vessel to which the same belongs, shall cause the same to be recorded in a book by him for that purpose to bo pro- vided, and the record shall be open for tho inspection of all persons, and a certified copy thereof shall bo admitted in evidence in any court in which any question may arise under any of the provisions of this Title | R. S., 4501- 4613.] 89. Failure to produce crew. The master of every vessel hound on a foreign voyage or engaged in tho whale fishery shall exhibit the cortiiied copy of the list of the crew to the first boarding officer at the first port in the United States at which he snail arrive on his return, and also produce the persons named therein to the boarding officer, whose duty it shall bo to examine the men with such list and to report the same to the col- R. S.. 4570. Mar. .'{, 1897 Sec. 3. PART V. MERCHANT SI. A MEN. 67 lector; and it shall be (hr duty y the first clause of Section four thousand five hundred and twenty-nine and also by Sections four thousand live hundred and twenty-six, four thousand five hundred and twenty-seven, four thousand five hundred and twenty- eight, four thousand five hundred and thirty, four thou- sand live hundred and thirty-five, four thousand five hun- dred and thirty-six, four thousand five hundred and forty-two, four thousand five hundred and forty-three, four thousand five hundred and forty-four, four thousand live hundred and forty-five, four thousand five hundred and forty-six, four thousand five hundred and forty- seven, four thousand five hundred and forty-nine, four thousand five hundred and fifty, four thousand five hun- dred and fifty-one, four thousand five hundred and fifty- two, four thousand five hundred and fifty-three, four thousand five hundred and fifty-four and four thousand gj^g 3 ' 1897> six hundred and two of the Revised Statutes; but in all other respects such shipment of seamen and such shipping agreement shall be regarded as if both shipment and agreement had been entered into between the master of a vessel and a seaman without going before a shipping commissioner. 92. Agreement in coasting- trade not before commissioner. Every master of any vessel of the burden of fifty tons B- s - 452 - or upward, bound from a port in one State to a port in any other than an adjoining State, except vessels of the burden of seventy-five tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds on such voyage, make an agree- ment in writing or in print, with every seaman on board such vessel except such as shall be apprentice or servant to himself or owners, declaring the voyage or term of time for which such seaman shall be shipped. If any master of such vessel of the burden of fifty tons R - s - 4521 - or upward shall carry out any seaman or mariner, except apprentices or servants, without such contract or agree- ment being first made and signed by the seamen, such master shall pay to every such seaman the highest price or wages which shall have been given at the port or place where such seaman was shipped, for a similar voyage, within three months next before the time of such ship- ping, if such seaman shall perform such voyage; or if not, then for such time as he shall continue to do duty on board such vessel ; and shall moreover be liable to a pen- alty of twenty dollars for every such seaman, recoverable, one-half to the use of the person prosecuting for the same, and the other half to the use of the United States. Any 70 NAVIGATION LAWS OF THE UNITED STATES. seamen who has not signed such a contract shall not be bound by the regulations nor subject to the penalties and forfeitures contained in this Title [R. S., 4501-4613]. Dec M 2i 52 i 2 898 ^ ^ ne ^^ ^ evei T such contract to ship upon such a sec.' 2. ' ' vessel of the burden of fifty tons or upward there shall be a memorandum in writing of the day and the hour when such seamen who shipped and subscribed shall render himself on board to begin the voyage agreed upon. If any seaman shall neglect to render himself on board the vessel for which he has shipped at the time mentioned in such memorandum without giving twenty-four hours' notice of his inability to do so, and if the master of the vessel shall, on the day in which such neglect happened, make an entry in the log book of such vessel of the name of such seaman, and shall in like manner note the time that he so neglected to render himself after the time appointed, then every such seaman shall forfeit for every hour which he shall so neglect to render himself one-half of one day's pay, according to the rate of wages agreed upon, to be deducted out of the wages. If any such sea- man shall wholly neglect to render himself on board of such vessel, or having rendered himself on board shall afterwards desert, he shall forfeit all of his wages or emoluments which he has then earned. [This section shall not apply to fishing or whaling vessels or yachts, Dec. 21, 1898, sec. 26.] 93. Agreement with, fishermen. R. s., 4391. The mas ter of any vessel of the burden of twenty tons or upward, qualified according to law for carrying on the bank and other cod fisheries, or the mackerel -fishery, bound from a port of the United States to be employed in any such fishery, at sea, shall, before proceeding on such fishing- voyage, make an agreement in writing with every fisherman who may be employed therein, except only an apprentice or servant of himself or owner, and, in addi- tion to such terms of shipment as may be agreed on, shall, in such agreement, express whether the same is to con- tinue for one voyage or for the fishing-season, and shall also express that the fish or the proceeds of such fishing- voyage or voyages which may appertain to the fishermen shall be divided among them in proportion to the quanti- ties or number of such fish which they may respectively have caught. Such agreement shall be indorsed or coun- tersigned by tin 1 owner of such fish ing- vessel or his agent. R. s., 4392. If any fisherman, having engaged himself for a voyage or for the fishing season in any fishing-vessel and signed an agreement therefor, thereafter and while such airree- ment remains in force and to be performed de>en absents himself from such vessel without leave of the master thereof, or of the owner or his agent, such deserter shall be liable to the same penalties as deserting seamen are subject to in the merchant service, and may in the like PART V. M KUCHA NT SKAMKN. 71 manner, and upon tin- like complaint and proof, he ap- prehended and detained: and all costs of process and commitment, it' paid by the master or owner, shall he de- ducted out of the shaiv of fish or proceeds of any fishing- vovage to which such deserter had or shall become en-- titled. Every fisherman, having so engaged himself, who during such iishing-voyage refuses or neglects his proper duty on hoard the fishing-vessel, being thereto ordered or required by the master thereof, or otherwise resists his just commands to the hindrance or detriment of such voyage, besides being answerable, for all damages arising (hereby, shall forfeit to the use of the owner of such ves- sel his share of any public allowance which may be paid upon such voyage. Whenever an agreement or contract is so made and u - s - 4393 - signed for a fishing-voyage or for the fishing-season, and any lish caught on board such vessel during the same are delivered to the owner or to his agent, for cure, and sold by such owner or agent, such vessel shall, for the term of six months after such sale, be liable for the master's and everv other fisherman's share of such fish, and may be proceeded against in the same form and to the same effect as any other vessel is by law liable, and may be proceeded against for the wages of seamen or mariners in the mer- chant service. Upon such proceeding for the value of a share or shares of the proceeds of fish so delivered and sold it shall be incumbent on the owner or his agent to produce a just account of the sales and division of such fish according to such agreement or contract; otherwise the vessel shall be answerable upon such proceeding for what may be the highest value of the shares demanded. But in all cases the owner of such vessel or his agent, ap- pearing to answer in such proceeding, may offer there- upon his account of general supplies made for such fish- ing-voyage and of other supplies therefor made to either of the "demandants, and shall be allowed to produce evi- dence thereof in answer to their demands respectively; and judgment shall be rendered upon such proceeding for the respective balances which upon such an inquiry shall appear. When process shall be issued against any vessel so lia- II - s 4394 - ble, if the owner thereof or his agent will give bond to cadi fisherman in whose favor such process shall be insti- tuted, with sufficient security, to the satisfaction of two justices of the peace, of whom one shall be named by such owner or agent, and the other by the fisherman or fisher- men pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel. Nothing in this or the preceding section shall prevent any fisherman from 72 NAVIGATION LAWS OF THE UNITED STATES. having his action at common law for his share or shares of fish or the proceeds thereof. 94. Discharge in foreign trade. R. s., 4549. AH seamen, discharged in the United States from mer- chant vessels engaged in voyages from a port in the United States to any foreign port, or, being of the burden of seventy-five tons or upward, from a port on the Atlan- tic to a port on the Pacific, or vice versa, shall be dis- charged and receive their wages in the presence of a duly authorized shipping-commissioner under this Title [R. S., 4501-4G13], except in cases where some competent court otherwise directs ; and any master or owner of any such vessel who discharges any such seaman belonging thereto, or pays his wages within the United States in any other manner, shall be liable to a penalty of not more than fifty dollars. R. s., 4550. Every master shall, not less than forty-eight hours be- fore paying off or discharging any seaman, deliver to him, or, if he is to be discharged before a shipping-com- missioner, to such shipping-commissioner, a full and true account of his wages, and all deductions to be made there- from on any account whatsoever; and in default shall. for each offense, be liable to a penalty of not more than fifty dollars. No deduction from the wages of any sea- man except in respect of some matter happening after such delivery shall be allowed, unless it is included in the account delivered ; and the master shall, during the voy- age, enter the various matters in respect to which such deductions are made, with the amounts of the respective deductions as they occur, in the official log-book, and shall, if required, produce such book at the time of the payment of wages, and, also, upon the hearing, before any competent authority, of any complaint or question relating to such payment. R. s., 4551. Upon the discharge of any seaman, or upon payment of his wages, the master shall sign and give him a certificate of discharge, specifying the period of his service and the time and place of his discharge, in the form marked Table B in the schedule annexed to this Title PR. jS., 4501-4613] ; and every master who fails to sign and give to such sea- man such certificate and discharge, shall, for each such offense, incur a penalty not exceeding fifty dollars. But whenever (lie master shall discharge his crew or any part thereof in any collection-district where no shipping-com- missioner has been appointed, lie may perform for himself the duties of such commissioner. 95. Discharge in foreign ports. !jViM' >: 'rt' s Yxsi Upon the application of the master of any vessel to a fitoe.2. 'consular officer to discharge a seaman, or upon the appli- cation of any seaman for his own discharge, if it appears PART V. MERCHANT SEAMEN. 73 to such officer that said seaman lias completed his ship- ping agreement, or is entitled to his discharge under any act of Congress or according to the general principles or usages of maritime law as recognized in the United States, such officer shall discharge said seaman, and re- quire from the master of said vessel, before such discharge shall be made, payment of the wages which may then be due said seaman ; but no payment of extra wages shall be required by any consular oilicer upon such discharge of any seaman except as provided in this act. If any consular officer, when discharging any seaman, i) e shall neglect to require the payment of and collect the ser arrears of wages and extra wages required to be paid in the case of the discharge of any seaman, he shall be ac- countable to the United States for the full amount thereof. The master shall provide any seaman so discharged with employment on a vessel agreed to by the seaman, or shall provide him w T ith one month's extra wages, if it shall be shown to the satisfaction of the consul that such seaman was not discharged for neglect of duty, incompetency, or injury incurred on the vessel. If the seaman is dis- charged by voluntary consent before the consul, he shall be entitled to his wages up to the time of his discharge, but not for any further period. If the seaman is dis- charged on account of injury or illness, incapacitating him for service, the expenses of his maintenance and re- turn to the United States shall be paid from the fund for the maintenance and transportation of destitute American seamen : Provided, That at the discretion of the Secre- *c'w 1915 * tary of Commerce, and under such regulations as he may . ( Effective be- prescribe, if any seaman incapacitated from service by i9w s ] injury or illness is on board a vessel so situated that a prompt discharge requiring the personal appearance of the master of the vessel before an American consul or consular agent is impracticable, such seaman may be sent to a consul or consular agent, who shall care for him and defray the cost of his maintenance and transportation, as provided in this paragraph. Whenever a vessel of the United States is sold in a for- 5V<>?"2 4 i 58 i 2 898 eign country and her company discharged, it shall be the bee.' 17.' duty of the master to produce to the consular officer a cer- tified list of the ship's company, and also the shipping articles, and besides paying to each seaman or apprentice the wages due him, he shall either provide him with ade- quate employment on board some other vessel bound to the port at which he was originally shipped, or to such other port as may be agreed upon by him, or furnish the means of sending him to such port, or provide him with a passage home, or deposit with the consular officer such a sum of money as is by the officer deemed sufficient to de- fray the expenses of his maintenance and passage home ; and the consular officer shall indorse upon the agreement with the crew of the ship which the seaman or apprentice is leaving the particulars of any payment, provision, or 74 NAVIGATION LAWS OF THE UNITED STATES. deposit made under this section. A failure to comply with the provisions of this section shall render the owner liable to a fine of not exceeding fifty dollars. Dec"4 58 i 3 898 Whenever on the discharge of a seaman in a foreign sec.' is.' ' country by a consular officer on his complaint that the voyage is continued contrary to agreement, or that the vessel is badly provisioned or unseaworthy, or against the officers for cruel treatment, it shall be the duty of the con- sul or consular agent to institute a proper inquiry into the matter, and, upon his being satisfied of the truth and jus- tice of such complaint, he shall require the master to pay to such seaman one month's wages over and above the wages due at the time of discharge, and to provide him with adequate employment on board some other vessel, or provide him with a passage on board some other vessel bound to the port from which he was originally shipped, or to the most convenient port of entry in the United States, or to a port agreed to by the seaman. 96. Wages. No seaman shall, by any agreement other than is pro- vided by this Title [R. S., 4501-4613], forfeit his lien upon the ship, or be deprived of any remedy for the recovery of his wages to which he would otherwise have been en- titled ; and every stipulation in any agreement inconsistent with any provision of this Title, and every stipulation by which any seaman consents to abandon his right to his Avages in the case of the loss of the ship, or to abandon any right which he may have or obtain in the nature of salvage, shall be wholly inoperative. R. s., 4552. The following rules shall be observed with respect to the settlement of wages: First. Upon the completion, before a shipping-com- missioner, of any discharge and settlement, the master or owner and each seaman, respectively, in the presence of the shipping-commissioner, shall sign a mutual release of all claims for wages in respect of the past voyage or en- gagement, and the shipping-commissioner shall also sign and attest it, and shall retain it in a book to be kept for that purpose, provided both the master and seaman as- sent to such settlement, or the settlement has been ad- justed by the shipping-commissioner. Second. Such release, so signed and attested, shall oper- ate as a mutual discharge and settlement of all demands for wages between the parties thereto, on account of wages, in respect of the past voyage or cnirairement. Third. A copy of such release, certified under the hand and seal of such shipping-commissioner to l.e a true copy, shall be given by him to any party thereto requiring the same, and such copy shall be receivable in evidence upon any future .quest ion touching such claims, and shall have all the ell'ect of the original of which it purports to be a copy- Fourth. Tn cases in which discharge and settlement he- fore a shipping-commissioner are required, no payment. PART V. MERC HA XT Si.. \MI.N. 75 receipt, settlement, or discharge otherwise made shall operate as evidence of the release or satisfaction of any claim. Fifth. Upon payment being made by a master before a shipping-commissioner, the shipping-commissioner shall, it' required, sign and give to such master a statement of the whole amount so paid: and such statement shall, be- tween the master and his employer, he received as evi- dence that he has made the payments therein mentioned. Upon every discharge ell'ected before a shipping-corn- K. s., 4553. missioner, the master shall make and sign, in the form iriven in the table marked " B," in the schedule annexed to this Title [B. S., 4501-4613], a report of the conduct, character, and qualifications of the persons discharged; or may state in such form, that he declines to give any opin- ion upon such particulars, or upon any of them; and the commissioner shall keep a register of the same, and shall, if desired so to do by any seaman, give to him or indorse on his certificate of discharge a copy of so much of such report as concerns him. A seaman's right to wages and provisions shall betaken R - s - 4524 - to commence either at the time at which he commences work, or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens. Xo right to wages shall be dependent on the earning of R. s., 4525. freight by the vessel ; but every seaman or apprentice who would be entitled to demand and receive any wages if the vessel on which he has served had earned freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover the same of the master or owner in personam, notwithstanding that freight has not been earned. But in all cases of wreck or loss of vessel, proof that any seaman or apprentice has not exerted himself to the utmost to save the vessel, cargo, and stores, shall bar his claim. In cases where the service of any seaman terminates j^ before the period contemplated in the agreement, by rea- sec.'s". ' son of the loss or wreck of the vessel, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period. Such sea- man shall be considered as a destitute seaman and shall be treated and transported to port of shipment as pro- vided in sections forty-five hundred and seventy-seven, forty-five hundred and seventy-eight, and forty-five hun- dred and seventy-nine of the Revised Statutes of the United States. [This section shall not apply to fishing or whaling vessels or yachts Dec. 21, 1898, sec. 26.] Any seaman who has signed an agreement and is after- R - * 4527 - ward discharged before the commencement of the voyage or before one month's wages are earned, without fault on his part justifying such discharge, and without his con- sent, shall be entitled to receive from the master or owner, in addition to any wages he may have earned, a sum equal in amount to one month's wages as compensation, and may, on adducing evidence satisfactory to the court hear- 76 NAVIGATION LAWS OF THE UNITED STATES. ing the case, of having been improperly discharged, re- cover such compensation as if it were wages duly earned. R. s. f 4528. No seaman or apprentice shall be entitled to wages for any period during which he unlawfully refuses or neg- lects to work when required, after the time fixed by the agreement for him to begin work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offense com- mitted by him. 5V s ''o 4 i 52 i 9 doQ The master or owner or any vessel making coasting Jjec. Zl| lowo. in i , i sec. 4. voyages shall pay to every seaman his wages within two ' 1{ 6 ' days after the termination of the agreement under which sec r *3*' 1915 ' ^ e was sn ipP e d? or a t the time sch seaman is discharged, 1 (Effective be- whichever first happens; and in case of vessels making ilns.'T v ' 4 ' foreign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa, within twenty-four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first happens ; and in all cases the seaman shall be entitled to be paid at the time of his discharge on account of wages a sum equal to one-third part of the balance due him. Every master or owner who refuses or neglects to make payment in the manner hereinbefore mentioned without sufficient cause shall pay to the seaman a sum equal to two days' pay for each and every day during which pay- ment is delayed beyond the respective periods, which sum shall be recoverable as wages in any claim made be- fore the court ; but this section shall not apply to masters or owners of any vessel the seamen of which are entitled to share in the profits of the cruise or voyage. [This section shall not apply to fishing or whaling vessels or yachts Dec. 21, 1898, sec. 26 but this section shall apply to all vessels engaged in the taking of oysters - June 28, 1906, sec. 4.] D cSi 53 i898 Every seaman on a vessel of the United States shall be sic.' s. ' ' entitled to receive on demand from the master of the sec!'4 4 ' 1915 ' ves sel to which he belongs one-half part of the wages (Effective on which he shall have then earned at every port where such w" er ginning vessel, after the voyage has been commenced, shall load v seJ? 1 oi or d e li yer cargo before the voyage is ended and all stipu- nations lations in the contract to the contrary shall be void : Pro- . 1 ? vided. Such a demand shall not be made before the expi- of n ot V hep ra ^ on o ^> nor opener than once in five days. Any failure isn na-on the part of the master to comply with this demand shall release the seaman from his contract and he shall j^ entitled to full payment of wages earned. And when the voyage is ended every such seaman shall be entitled to the remainder of the wages which shall then be due him, as provided in section forty-five hundred and twenty-nine of the Revised Statutes: Provided further, That notwithstanding any release signed by any seaman under section forty-five hundred and fifty-two of the Revised Statutes any court having jurisdiction may upon good cause shown set aside such release and take such 1'AIIT V. MERCHANT SKAM1.X. 77 action as justice shall require: And i>ror't. | Whenever the wages' of any seaman are not paid within u. s., 4546. ten days after the time when the Same ought to be paid ac- cording to the provisions of this Title [II. S., 4501-4613], or any dispute arises between the master and seamen touching wages, the district judge for the judicial district where the vessel is, or in case his residence be more than three miles from the place, or he be absent from the place of his residence, then, any judge or justice of the peace, or any commissioner of a district court, may summon the May 28, master of sueh vessel to appear before him, to show cause why process should not issue against such vessel, her tackle, apparel, and furniture, according to the course of admiralty courts, to answer for the wages. If the master against whom such summons is issued pg neglects to appear, or, appearing, does not show that the sec wages are paid or otherwise satisfied or forfeited, and if sec. 6 -*? 8 ' li the matter in dispute is not forthwith settled, the judge or justice or commissioner shall certify to the clerk of the district court that there is sufficient cause of complaint whereon to found admiralty process; and thereupon the clerk of such court shall issue process against the vessel. In all cases where the matter in demand does not exceed one hundred dollars the return day of the monition or citation shall be the first day of a stated or special session of court next succeeding the third day after the service of the monition or citation, and on the return of process in open court, duly served, either party may proceed therein to proofs and hearing without other notice, and final judgment shall be given according to the usual course of admiralty courts in such cases. In such suits all the seamen having cause of complaint of the like kind against the same vessel may be joined as complainants, and it shall be incumbent on the master to produce the contract and log book, if required to ascertain any matter in dispute ; otherwise the complainants shall be permitted to state the contents thereof, and the burden of proof of the contrary shall be on the master. But nothing herein contained shall prevent any seaman from maintaining any action at common law for the recovery of his wages, or having immediate process out of any court having admiralty jurisdiction wherever any vessel may be found, in case she shall have left the port of delivery where her voyage ended before payment of the wages, or in case she shall be about to proceed to sea before the end of the ten days next after the day when such wages are due, in ac- cordance with section forty-five hundred and twenty-nine of the Revised Statutes. [This section shall not apply to fishing or whaling vessels or yachts Dec. 21, 1898, sec. 26 but this section shall apply to all vessels engaged in the taking of oysters June 28, 1906, sec. 4.] 78 NAVIGATION LAWS OF THE UNITED STATES. R. S., 4548. R. S., 4603. R. S., 4605. R. S., 4251. Dec. 21, 1898. Sec. 24. Apr. 26, 1904. June 28, 1906. Sec. 4. Mar. 4, 1915. Sec. 11. (Effective on American ves- sels beginning NOT. 4, 1915; on vessels of foreign nations not covered by treaties Mar. 4, 1916 ; on ves- sels of other foreign nn- tions after ter- mination of treaties.) Moneys paid under the laws of the United States, by direction of consular officers or agents, at any foreign port or place, as wages, extra or otherwise, due American sea- men, shall be paid in gold or its equivalent, without any deduction whatever any contract to the contrary notwith- standing. Any question concerning the forfeiture of, or deduc- tions from, the wages of any seaman or apprentice, may be determined in any proceeding lawfully instituted with respect to such wages, notwithstanding the offense in re- spect of which such question arises, though hereby made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding. Whenever in any proceeding relating to seamen's wages it is shown that any seaman or apprentice has, in the course of the voyage, been convicted of any offense by any competent tribunal, and rightfully punished therefor, by imprisonment or otherwise, the court hearing the case may direct a part of the wages due to such seaman not exceeding fifteen dollars, to be applied in reimbursing any costs properly incurred by the master in procuring such conviction and punishment. 97. Vessels exempt from libel for wages. No canal-boat, without masts or steam pow r er, 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. 98, Advances and allotments of wages. (a) It shall be, and is hereby, made unlawful in any case to pay any seaman wages in advance of the time when he has actually earned the same, or to pay such ad- vance wages, or to make any order, or note, or other evidence of indebtedness therefor to any other person, or to pay any person, for the shipment of seamen when payment is deducted or to be deducted from a seaman's wages. Any person violating any of the foregoing provi- sions of this section shall be deemed guilty of a misde- meanor, and upon conviction shall be punished by a line of not less than $'J.~> nor more than $100, and may also be imprisoned for a period of not exceed ing six months. at the discretion of the court. The payment of such ad- vance wages or allotment shall in no case except as herein provided absolve the vessel or the master or the owner thereof from the full payment of wages after the same shall have been actually earned, and shall be no defense to a libel suit or action for the recovery of such wage.-. If any person shall demand or receive, either directly or indirectly, from any seaman or other person seeking em- ployment, as seaman, or from any person on his behalf. any remuneration whatever for providing him with em- ployment, he shall for every such offense be deemed guilty of a misdemeanor and shall be imprisoned not more than six months or fined not more than $500. PART V. MERC HANI SKAMEN. 79 (b) It shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages he may earn to his grandparents, parents, wife, sister, or children. (c) No allotment shall he valid unless in writing and signed by and approved by the shipping commissioner. It shall he the duty of the said commissioner to examine such allotments and the parties to them and enforce compliance with the law. All stipulations for the allot- ment of any part of the wages of a seaman during his absence which are made at the commencement of the voyage shall be inserted in the agreement and shall state (he amounts and times of the payments to be made and the persons to whom the payments are to be made. (d) No allotment except as provided for in this sec- tion shall be lawful. Any person who shall falsely claim to be such relation, as above described, of a seaman under this section shall for every such offense be punished by a fine not exceeding $500 or imprisonment not exceeding six months, at the discretion of the court. (e) This section shall apply as well to foreign vessels while in waters of the United States, as to vessels of the United States, and any master, owner, consignee, or agent of any foreign vessel who has violated its pro- visions shall be liable to the same penalty that the master, owner, or agent of a vessel of the United States would be for similar violation. The master, owner, consignee, or agent of any vessel of the United States, or of any foreign vessel seeking clear- ance from a port of the United States, shall present his shipping articles at the office of clearance, and no clear- ance shall be granted any such vessel unless the provi- sions of this section have been complied with. (f ) Under the direction of the Secretary of Commerce the Commissioner of Navigation shall make regulations to carry out this section. [This section shall not apply to fishing or whaling vessels or yachts Dec. 21, 1898, sec. 26 but this section shall apply to all vessels engaged in the taking of oysters June 28, 1906, sec. 4.] 99. Wages and clothing exempt from attachment. No wages due or accruing to any seaman or apprentice i^J r - 1 *' 1915 - shall be subject to attachment or arrestment from any (Effective be- eourt, and every payment of wages to a seaman or ap- g prentice shall be valid in law, notwithstanding any pre- vious sale or assignment of wages or of any attachment, encumbrance, or arrestment thereon ; and no assignment or sale of wages or of salvage made prior to the accruing thereof shall bind the party making the same, except such allotments as are authorized by this title. This section shall apply to fishermen employed on fishing vessels as well as to seamen : Provided* That nothing contained in this or any preceding section shall interfere with the order by any court regarding the payment by any seaman of any part of his wages for the support and maintenance of his wife and minor children. 80 NAVIGATION LAWS OF THE UNITED STATES. Feb. is, 1895. The clothing of any seaman shall be exempt from attachment, and any person who shall detain such cloth- ing when demanded by the owner shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than six months or fined not more than five hundred dollars, or both. R. s., 4537. No sum exceeding one dollar shall be recoverable from any seaman, by any one person, for any debt contracted during the time such seaman shall actually belong to any vessel, until the voyage for which such seaman engaged shall be ended. 100. Desertion of seamen abroad. Dec.' 2i? i 898. ^ shall be the duty of all consular officers to discoun- Mar 2 1* 1915 ^ enance insubordination by every means in their power Sec.'s. ' ' and, where the local authorities can be usefully employed ginnin| C Nov b I; f r that purpose, to lend their aid and use their exertions 1915.) '^0 that end in the most effectual manner. In all cases where seamen or officers are accused, the consular officer shall inquire into the facts and proceed as provided in section forty-five hundred and eighty-three of the Revised Statutes; and the officer discharging such seaman shall enter upon the crew list and shipping articles and official log the cause of such discharge and the particulars in which the cruel or unusual treatment consisted and sub- scribe his name thereto officially. He shall read the entry made in the official log to the master, and his reply thereto, if any, shall likewise be entered and subscribed in the same manner. 101. Desertion of foreign seamen in the United States. R. s., 5280. Q n application of a consul or vice-consul of any foreign government having a treaty with the United States stipu- lating for the restoration of seamen deserting, made in writing, stating that the person therein named has de- serted from a vessel of any such government, while in any port of the United States, and on proof by the exhibition of the register of the vessel, ship's roll, or other official document, that the person named belonged, at the time of desertion, to the crew of such vessel, it shall be the duty of any court, judge, commissioner of any circuit court, justice, or other magistrate, having competent power, to issue warrants to cause such person to be arrested for examination. If, on examination, the facts stated are found to be true, the person arrested not being a citizen of the United States, shall be delivered up to the consul or vice-consul, to be sent back to the dominions of any such government, or, on the request and at the expense of the consul or vice-consul, shall be detained until the con- sul or vice-consul finds an opportunity to send him back to the dominions of any such government. No person so arrested shall be detained more than two months after his arrest : but at the end of that time shall be set at lib- erty, and shall not be again molested for the same cause. If any such deserter shall be found to have committed any crime or offense, his surrender may be delayed until PART V. MERCHANT SI. AM I X. 81 the tribunal before which tin- case shall ho depending) or may ho cogni/ablc, shall have pronounced its sentence, and such sentence shall have hoon carried into effect. 103. Arbitration before shipping commissioner. In the judgment of Congress articles in treaties and ^;'. r y ( V I01 ' v conventions of the United States, in so far as they provide for the arrest and imprisonment of officers and seamen deserting or charged with desertion from merchant ves- sels of the United States in foreign countries, and for the arrest and imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of for- eign nations in the United States and the Territories and possessions thereof, and for the cooperation, aid, and pro- tection of competent legal authorities in effecting such arrest or imprisonment and any other treaty provision in conflict with the provisions of this Act, ought to be ter- minated, and to this end the President be, and he is hereby, requested and directed, within ninety days after the passage of this Act, to give notice to the several Gov- ernments, respectively, that so much as hereinbefore de-" scribed of all such treaties and conventions between the United States and foreign Governments will terminate on the expiration of such periods after notices have been given as may be required in such treaties and conventions. Upon the expiration after notice of the periods re- Sec - 17 - quired, respectively, by said treaties and conventions and of one year in the case of the independent State of the Kongo, so much as hereinbefore described in each and every one of said articles shall be deemed and held to have expired and to be of no force and effect, and there- upon section fifty-two hundred and eighty and so much of section four thousand and eighty-one of the Revised Statutes as relates to the arrest or imprisonment of offi- cers and seamen deserting or charged with desertion from merchant vessels of foreign nations in the United States and Territories and possessions thereof, and for the co- operation, aid, and protection of competent legal authori- ties in effecting such arrest or imprisonment, shall be, and is hereby, repealed. 103. Arbitration before shipping commissioner. Every shipping-commissioner shall hear and decide any Aug.''i9, 5 i89o question whatsoever between a master, consignee, agent, or owner, and any of his crew, which both parties agree in writing to submit to him; and every award so made by him shall be binding on both parties, and shall, in any legal proceedings which may be taken in the matter, be- fore any court of justice, be deemed to be conclusive as to the rights of parties. And any document under the hand and official seal of a commissioner purporting to be such submission or award, shall be prima-facie evidence thereof. In any proceeding relating to the wages, claims, or dis- R - s - 45r>5 - charge of a seaman, carried on before any shipping-com- missioner, under the provisions of this Title [R. S., 4501- 82 NAVIGATION LAWS OF THE UNITED STATES. 4613], such shipping- commissioner may call upon the owner, or his agent, or upon the master, or any mate, or any other member of the crew, to produce any log-books, papers, or other documents in their possession or power, respectively, relating to any matter in question in such proceedings, and may call before him and examine any of such persons, being then at or near the place, on any such matter; and every owner, agent, master, mate, or other member of the crew who, when called upon by the ship- ping-commissioner, does not produce any such books, papers, or documents, if in his possession or power, or does not appear and give evidence, shall, unless he shows some reasonable cause for such a default, be liable to a penalty of not more than one hundred dollars for each offense; and, on application made by the shipping-com- missioner, shall be further punished, in the discretion of the court, as in other cases of contempt of the process of the court. 104. Soliciting lodgers. A' ?"il ibo4 " ^' w ithi n twenty-four hours after the arrival of any ' vessel at any port in the United States, any person, then being on board such vessel, solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such vessel any effects of any seaman, except under his personal direction, and with the permis- sion of the master, he shall, for every such offense, be punishable by a fine of not more than fifty dollars, or by imprisonment for. not more than three months. This sec- tion shall apply to vessels of the United States engaged in the foreign trade and to foreign vessels. 105. Return of seamen from foreign ports, Alaska, and insular ports. R. s., 4577. j sna ii b e t ne duty of the consuls, vice-consuls, com- mercial agents, and vice-commercial agents, from time to time, to provide for the seamen of the United States, who may be found destitute within their districts, respectively, sufficient subsistence and passages to some port in the United States, in the most reasonable manner, at the ex- pense of the United States, subject to such instructions as the Secretary of State shall give. The seamen ^shall, if able, be bound to do duty on board the vessels in which they may be transported, according to their several abilities. Mar. 4, 1915. Relief and protection of American seamen in foreign countries, and shipwrecked American seamen in the- Ter- ritory of Alaska, in the Hawaiian Islands. "Porto Rico, the Panama Canal Zone, and the Philippine Islands. $20,000. j.im-'26, 7 i884. All masters of vessels of the United States, and hound Kec. o. ' ' to some port of the same, are required to take such desti- tute seamen on board their vessels, at the request of con- sular officers, and to transport them to the port in the United States to which such vessel may he bound, on such terms, not exceeding ten dollars for each person for voy- ages of not more than thirty days, and not exceeding l'.\i; T V. M Ki:m \.\T BEAMBN, S.'i twenty dollars I'm- each person for longer voyages, as may il!, 1 " ',!/' lss ' ; IK- agreed between the master and the 1 consular officer, when the transportation is by a sailing vessel; and the regular steerage passenger rate not to exceed two cents per milo when the transportation is by steamer; and said consular officer shall issue cert ilicates for such transporta- tion, which cert ilicates shall be assignable for collection. If any such destitute seaman is so disabled or ill as to be unable to perform duty, the consular officer shall so cer- tify in the certilicate of transportation, and such addi- tional compensation shall be paid as the Comptroller of the Treasury shall deem proper. Every such master who refuses to receive and transport such seamen on the re- quest or order of such consular officer shall be liable to the Tinted States in a penalty of one hundred dollars for each seaman so refused. The certificate of any such con- sular officer, given under his hand and official seal, shall be presumptive evidence of such refusal in any court of law having jurisdiction for the recovery of the penalty. No master of any vessel shall, however, be obliged to take a greater number than -one man to every one hundred tons burden of the vessel on any one voyage, or to take any seaman having a contagious disease. Whenever distressed seamen of the United States are R - s - 457 - transported from foreign ports where there is no consular ollicer of the United States, to ports of the United States, there shall be allowed to the master or owner of each ves- sel, in which they are transported, such reasonable com- pensation, in addition to the allowance now fixed by law, as shall be deemed equitable by the Comptroller of the Treasury. 106. Effects of deceased seamen. Whenever any seaman or apprentice belonging to or R - s - 4588 sent home on any merchant vessel, whether a foreign- going or domestic vessel, employed on a voyage which is to terminate in the United States, dies during such voy- age, the master shall take charge of all moneys, clothes, and effects which he leaves on board, and shall, if he thinks fit, cause all or any of such clothes and effects to be sold by auction at the mast or other public auction, and shall thereupon sign an entry in the official log-book, and cause it to be attested by the mate and one of the crew, containing the following particulars : First. A statement of the amount of money so left by the deceased. Second. In case of a sale, a description of each article sold, and the sum received for each. Third. A statement of the sum due to deceased as AY ages, and the total amount of deductions, if any, to be made therefrom. In cases embraced by the preceding section, the follow- R - s - 4S ing rules shall be observed : First. If the vessel proceeds at once to any port in the United States, the master shall, within forty-eight hours after his arrival, deliver any such effects remaining un- 4 NAVIGATION LAWS OF NIK UNITED STATES. sold, and pay any money which lie has taken charge of, or received from siich sale, and the balance of wages due to leceased, to the shipping-commissioner at the port of destination in the Tinted States. ond. If the vessel touches and remains at some for- port before coming to any port in the United States, the master .-hall report the case to the United States con- sular ollicer there, and shall give to such ollicer any infor- mation he requires as to the destination of the vessel and prol.ahle length of the voyage; and such officer may, if he considers it expedient so to do. re([ii ire the effects, money, and wages to be delivered and paid to him, and shall, upon such delivery and payment, give to the master a receipt; and the master shall' Avithin forty-eight hours after his arrival at his port of destination in the United States pro- duce the MIMIC to the shipping-commissioner there. Such consular ollicer shall, in any such case, indorse and certify upon the agreement with the crew the particulars with respect to such delivery and payment. Third. If the consular ollicer does not require such pay- ment and deli very to be made to him, the master shall take charge of the effects, money, and wages, and shall, within forty-eight hours after his arrival at his port of destina- tion in the United States, deliver and pay the same to the shipping-commissioner there. Fourth. The master shall, in all cases in which any seaman or apprentice dies during the voyage or engage- ment, give to such officer or shipping-commissioner an ac- count, in such form as they may respectively require, of the etl'erts. money, and wages so to be delivered and paid; and no deductions claimed in such account shall be al- lowed unless vcrilied by an entry in the official log-book, if there be any: and by such other vouchers, if any. as may lie reasonably required by the officer or shipping-com- mis-ioner to whom the account is rendered. Fifth. Opon due compliance with such of the provisions of this section as relate to acts to be done at the port of i mat ion in the United States, the shipping-commis- sioner shall grant to the master a certificate to that effect. ..flicer of customs shall clear any foreign-going vessel without the production of such certificate. \Yhene\er any master fails to take such charge of the money or other effect- of a seaman or apprentice during a OF to make such entries in respect thereof, or to procure such attestation to such entries, or to make such payment or delivery of any money, wages, or effect- of any seaman or app: lying during a voyage, or to sin-li account in respect thereof as is above directed. hall be ac.-ountable for the money, wages, and effects of the seaman or apprentice to the district court in whose jurisdiction such port of destination is situate, and shall pay and deliver the same a-e. .rdingly : and he shall, in addition, for \ery BUCh offense, IT liable to a penalty of PART V. MKIK'II ANT SEAMEN. 85 not more than treble the value of the money or effects, or, if such value is not ascvrtaini'd, not more than two hun- dred dollars; and if any such money, wages, or effects arc not duly paid, delivered, and accounted for by the master, the owner of the vessel shall pay, deliver, and account for the same, and such money and wages and the value of such effects shall be recoverable from him accordingly; and if he fails to account for and pay the same, he shall, in addition to his liability for the money and value, be liable to the same penalty which is incurred by the master for a like offense; and all money, wages, and effects of any seaman or apprentice dying during a voyage shall be recoverable in the courts and by the modes of proceeding by which seamen are enabled to recover wages due to them. Whenever any such seaman or apprentice dies at any R. place out of the United States, leaving any money or se a c effects not on board of his vessel, the consular officer of the United States at or nearest the place shall claim and take charge of such money and effects, and shall, if he thinks fit, sell all or any of such effects, or any effects of any deceased seaman or apprentice delivered to him under the provisions of this Title [R. S., 4501-4613], and shall quarterly remit to the district court for the district em- bracing the port from which such vessel sailed, or the port where the voyage terminates, all moneys belonging to or arising from the sale of the effects or paid as the wages of any deceased seamen or apprentices which have come to his hands; and shall render such accounts thereof as the circuit court requires. Whenever any seaman or apprentice dies in the United R. s. t 4542. States, and is, at the time of his death, entitled to claim from the master or owner of any vessel in which he has served, any unpaid wages or effects, such master or owner shall pay and deliver, or account for the same, to the ship- ^ r - 6 3 - 1897 - ping-commissioner at the port where the seaman or apprentice was discharged, or was to have been dis- charged, or where he died. Every shipping-commissioner in the United States R- s - 4543 shall, within one week from the date of receiving any such money, wages, or effects of any deceased seaman or ap- prentice, pay, remit, or deliver to the district court of the district in which he resides, the money, wages, or effects, subject to such deductions as may be allowed by the dis- trict court for expenses incurred in respect to such money and effects; and should any commissioner fail to pay, remit, and deliver the same to the district court, within the time hereinbefore mentioned, he shall incur a penalty of not more than treble the value of such money and effects. If the money and effects of any seaman or apprentice R. s., 4544. paid, remitted, or delivered to the district court, includ- ing the moneys received for any part of his effects which 86 NAVIGATION LAWS OF THE UNITED STATES. have been sold, cither before delivery to the district court, or bv its directions, do not exceed in value the sum of three hundred dollars, then, subject to the provisions here- inafter contained, and to all such deductions for expenses ii.'cunvd in respect to the seaman or apprentice, or of his money and effects, as the said court thinks fit to allow, the court may pay and deliver the said money and effects jiiy claimants' who can prove themselves either to be hi> widow or children, or to be entitled to the effects of the deceased under his will, or under any statute, or at common law, or to be entitled to procure probate, or take out letters of administration or confirmation, although no probate or letters of administration or confirmation have been taken out, and shall be thereby discharged from all further liability in respect of the money and effects so paid and delivered; or may, if it thinks fit so to do, re- quire probate, or letters of administration or confirma- tion, to be taken out, and thereupon pay and deliver the said money and effects to the legal personal representa- tives of the deceased; and if such money and effects ex- ceed in value the sum of three hundred dollars, then, sub- ject to deduction for expenses, the court shall pay and deliver the same to the legal personal representatives of the deceased. R. s., 4545. A district court, in its discretion, may at any time direct _s, i(97. tne ga j e () f ^ W h j e or anv p ar t O f the effects of a de- -a in an or apprentice, which it has received or may hereafter receive, and shall hold the proceeds of such sale as the wages of deceased seamen are held. When no claim to the wages or effects or proceeds of the sale of the effects of a deceased seaman or apprentice, received by a district court, is substantiated within six years after the ipt thereof by the court, it shall be in the absolute dis- r n-t inn of the court, if anv subsequent claim is made, cither to allow or refuse the same. Such courts shall, from time to time, pay any moneys arising from the un- claimed wages and effects of deceased seamen, w y hich in their opinion it is not necessary to retain for the purpose of satisfying claims, into the Treasury of the United nid such moneys shall form a fund for, and be Appropriated to. the relief of sick and disabled and desti- tute >camen belonging to the United States merchant marine scr\ ice. 107. Offenses and punishments. Whenever any seaman who has l>een lawfully engaged or any apprentice to tin rvice commits any of the 7*- r t'nllnwing nllenses. he shall be punished as follows: Kinning?NoY b 4" ' /N ( - '' " r ' lc- , T! i mi. by forfeiture of all or any part 'of the clothes or effects he leaves on hoard and of all or any part of the wages or emoluments which he has then earned* PART V. M KUCHA NT SKAMKN. 87 Second. For neglecting or refusing without reasonable cause to join his vessel or to proceed to sea in his ves- sel, or for absence without leave tit any time within twenty-four hours of the vessel's sailing from any port, either at the commencement or during the progress of the voyage, or for absence at any time without leave and without sufficient reason from his vessel and from his duty, not amounting to desertion, by forfeiture from his wages of not more than two days pay or sufficient to defray any expenses which shall have been properly incurred in hiring a substitute. Third. For quitting the vessel without leave, after her arrival at the port of her delivery and before she is placed in security, by forfeiture from his wages of not more than one month's pay. Fourth. For willful disobedience to any lawful com- mand at sea, by being, at the option of the master, placed in irons until such disobedience shall cease, and upon ar- rival in port by forfeiture from his wages of not more than four days' pay, or, at the discretion of the court, by imprisonment for not more than one month. Fifth. For continued willful disobedience to lawful command or continued willful neglect of duty at sea, by being, at the option of the master, placed in irons, on bread and water, with full rations every fifth day, until such disobedience shall cease, and upon arrival in port by forfeiture, for every twenty-four hours' continuance of such disobedience or neglect, of a sum of not more than twelve days' pay, or by imprisonment for not more than three months, at the discretion of the court. Sixth. For assaulting any master or mate, by impris- onment for not more than two years. Seventh. For willfully damaging the vessel, or embez- zling or willfully damaging any of the stores or cargo, by forfeiture out of his wages of a sum equal in amount to the loss thereby sustained, and also, at the discretion of the court, by imprisonment for not more than twelve months. Eighth. For any act of smuggling for which he is con- victed and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay such master or owner such a sum as is sufficient to reimburse the master or owner for such loss or damage, and the whole or any part of his wages may be retained in satisfaction or on account of such liability, and he shall be liable to impris- onment for a period of not more than twelve months. Upon the commission of any of the offenses enumerated J^* '., l 1 r 'jg 98 in the preceding section an entry thereof shall be made in sec.* 20.' the official log book on the day on which the offense was committed, and shall be signed by the master and by the mate or one of the crew ; and the offender, if still in the 88 NAVIGATION' LAWS (F T II F. I'XITED STATES. vessel, shall, before her next arrival at any port, or, if she is at the time in port, before her departure therefrom, be furnished with a copy of such entry, and have the same read over distinctly and audibly to him, and may there- upon make such a reply thereto as he thinks fit; and a statement that a copy of the entry has been so furnished, or the same has been so read over, together with his re- ply, if any. made by the offender, shall likewise be entered and .-igned in the same manner. In any subsequent legal proceedings the entries hereinbefore required shall, if practicable, be produced or proved, and in default of such production of proof the court hearing the case may, at its discretion, refuse to receive evidence of the offense. '". All clothes, effects, and wages which, under the provi- sions of this Title [R. S., 4501-4613], are forfeited for desertion, shall be applied, in the first instance, in pay- ment of the expenses occasioned by such desertion, to the master or owner of the vessel from which the desertion lias taken place, and the balance, if any, shall be paid by the master or owner to any shipping-commissioner resi- dent at the port at which the voyage of such vessel termi- nates; and the shipping-commissioner shall account for and pay over such balance to the judge of the district court within one month after the commissioner receives the same, to be disposed of by him in the same manner as is prescribed for the disposal of the money, effects, and wages of deceased seamen. Whenever any master or er neglects or refuses to pay over to the shipping- commissioner such balance, he shall be liable to a penalty of double the amount thereof, recoverable by the commis- sioner in the same manner that seamen's wages are recov- I. In all other ca.-es of forfeiture of wages, the for- feiture shall be for the benefit of the master or owner by whom the wages are payable. 1002. Any ma.-ter of, or any seaman or apprentice belonging to, any merchant vessel, who, by willful breach of duty, or by reason of drunkenness, does any act tending to the immediate loss or destruction of, or serious damage to sucl. . or tending immediately to endanger the life or limb of any person belonging to or on board of such I : nr who, by willful breach of duty, or by neglect of duty, or by rea.-on of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for from immediate 1 loss, destruction, rious damage, or for preserving any person belong- ing to or on board of such ship from immediate danger to life or limb, shall, for every such oll'ense. be deemed guilty of a misdemeanor, punishable by imprisonment for not more than twelve months. '''"- No seaman in the merchant-service shall wear any ith knife on shipboard. It shall he the duty of the ma>ter of any VCSSe] re<:i-tered. enrolled, or licensed under the la\\s of the I'n i ted States, and of the person entering PART V. MERCHANT SEAM I 89 into contract for tin employment of a seaman upon any such vessel, to inform every person ottering to ship him- self of the provisions of this section, and to require his compliance therewith, under a penalty of fifty dollars for each omission, to be sued for and recovered in the name of the United States, under the direction of the Secretary of i^ 1 ;-^ 1 - 1003 - Commerce; one half for the benefit of the informer, and the other half for the benefit of the fund for the relief of sick and disabled seamen. 108. Corporal punishment prohibited. Flogging and all other 'forms of corporal punishment I 1 v,.;?".,'V' l Vv>.s are hereby prohibited on board of any vessel, and no form s.V-.' lil'.' of corporal punishment on board of any vessel shall be $?'< 191r> ' deemed justifiable, and any master or other officer thereof ( ^Rj^ T6 N be ' who shall violate the aforesaid provisions of this section, 4, 1915.) or either thereof, shall be deemed guilty of a misde- meanor, punishable by imprisonment for not less than three months nor more than two years. Whenever any officer other than the master of such vessel shall violate any provision of this section, it shall be the duty of such master to surrender such officer to the proper authorities as soon as practicable, provided he has actual knowledge of the misdemeanor, or complaint thereof is made within three days after reaching port. Any failure on the part of such master to use due diligence to comply herewith, which failure shall result in the escape of such officer, shall render the master or vessel or the owner of the vessel liable in damages for such flogging or corporal punish- ment to the person illegally punished by such officer. 109. Procedure. All penalties and forfeitures Imposed by this Title R - s - 461 - [R. S., 4501-4613], for the recovery whereof no specific mode is hereinbefore provided, may be recovered, with costs, in any district court of the United States, at the suit of any district attorney of the United States, or at the suit of any person by information to any district attor- ney in any port of the United States, where or near to where the offense is committed or the offender is found ; and if a conviction is had, and the sum imposed as a penalty by the court is not paid either immediately after the conviction, or within such period as the court at the time of the conviction appoints, it shall be lawful for the court to commit the offender to prison, there to be im- prisoned for the term hereinbefore provided in case of such offense, the commitment to be terminable upon pay- ment of the amount and costs; and all penalties and for- feitures mentioned in this Title for which no special application is provided, shall, when recovered, be paid and applied in manner following : So much as the court shall determine, and the residue shall be paid to the court and be remitted from time to time, by order of the judge, to the Treasury of the United States, and appropriated 90 NAVIGATION LAWS OF THE UNITED STATES. as provided for in section forty-five hundred and forty- five: Provided always, That it shall be lawful for the court before which any proceeding shall be instituted for the recovery of any pecuniary penalty imposed by this act, to mitigate or reduce such penalty as to such court shall appear just and reasonable; but no such penalty shall be reduced to less than one-third of its original amount: Provided also, That all proceedings so to be instituted shall be commenced within two years next after the commission of the offense, if the same shall have been committed at or beyond the Cape of Good Hope or Cape Horn, or within one year if committed elsewhere, or within tw r o months after the return of the offender and the complaining party to the United States; and there shall be no appeal from any decision of any of the dis- trict courts, unless the amount sued for exceeds the sum of five hundred dollars. TABLE A. 110. Form of articles of agreement. UNITED STATES OF AMERICA. R. s.,46i2. (Date and place of first signature of agreement, includ- ing name of shipping-office.) It is agreed between the master and seamen or mariners of the , of which - is at present master, or whoever shall go for master, now r bound from the port of - , - , to - , , (here the voyage is to be described, and the places named at which the vessel is to touch, or if that cannot be done, the general nature and probable length of the voyage is to bo stated.) And the said crew agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be obe- dient to the lawful commands of the said master, or of any person who shall lawfully succeed him, and of their supe- rior officers in everything relating to the vessel, and the stores and cargo thereof, whether on board, in boats, or on shore; and in consideration of which service, to be duly performed, the said master hereby agrees to pay the said crew, as wages, the sums against their names respectively expressed, and to supply them with provisions according to the annexed scale. And it is hereby agreed that any enihe/xJenient, or willful or negligent destrurtion of any part of the ve.-sel's cargo or stores, shall be made good to the owner out of the wages of the person guilty of the same; and if any person enters himself as qualified for a duty which he proves himself incompetent to perform, his wages -hall be reduced in proport ion to his incompetency. And it is also agreed that if any member of the crew con- siders himself to be aggrieved by any breach of the agree- ment or otherwise, he shall represent the same to the master or officer in charge of the vessel, in a quiet and r.MlT V. MERCHANT SEAMEN. 91 orderly manner, who shall thereupon take such steps as tlu- cast 1 may require. And it is also agreed tliat (here any other stipulations may be inserted to which the parties agree, and which are not contrary to law). In witness whereof the said parties have subscribed their names hereto, on the days against their respective signatures mentioned. Signed by -. master, on the - day of -, eighteen hundred and . Signature of crew. Birthplace. < Height. Descrip- tion. Wages per month. Wages per run. Amount of allotment. Time of service. Whole wages. Wages due. Place and time of entry. Time at which he is to be on board. In what capacity. Shipping commissioner's signature or initials. Allotment payable to I Conduct qualifications. I 1 Complexion. & Months. t ft June 26, 1884. Sec. 10. Dec. 21, 1898. Sec. 24. XOTE. In the place for signatures and descriptions of men engaged after the first departure of the ship, the entries are to be made as above, except that the signatures of the consul or vice-consul, officer of customs, or witness before whom the man is engaged, is to be substituted for that of the shipping-master. 111. Account of apprentices on board. Christian and surname of ap- prentice in full. Date of regis- try of inden- ture. Port at which indenture was registered. Date of regis- ter of assign- ment. Port at which R . s 46 i 2o assignment was registered. 92 NAVIGATION LAWS OF THE UNITED STATES. 112. Scale of provisions to be allowed and served out to crew during- the voyage. . L898. * .. 1915. Sec. 10. . 1 02 Monday. t \\V.lnesday. Thursday. I Saturday. Water quarts. . IHscuit pound.. 5 5 5 5 5 5 i 5 i ji ji i] I'ork salt pound 1 1 1 Flour pound i l i Ciinni'd meat pound I 1 1 pounds.. Fish, dry, prrsrrvi-d, or fresh., pound li li li li |i ii pound.. l 1 1 1 1 i i i Pease pint ' i T Beans pint i Rice pint Coffee (green berry) ounce. . Tea ounce.. Sugar ounces . . Molassos pint ;i 3 3 } } 3" i 3^ , Dried fruit ounces j j 1 pint i i 1 Vinegar pint i i Corn meal ounces 4 4 Onions ounces 4 4 4 Lanl ounce 1 l l 1 1 1 1 Hut tor ounce.. Mustard, pepper, and salt sufficient for seasoning. 2 2 2 2 2 2 2 SUBSTITUTES. One pound of flour daily may be substituted for the daily ration of biscuit or fresh bread; two ounces of desic- cated vegetables for one pound of potatoes or yams; six ounces of hominy, oatmeal, or cracked wheat, or two ounces of tapioca, for six ounces of rice; six ounces of canned vegetables for one-half pound of canned toma- j'hth of an ounce of tea for three-fourths of an ounce of coffee; three-fourths of an ounce of coffee for one -eighth of an ounce of tea; six ounces of canned fruit for three ounces of dried fruit; one-half ounce of lime juice for the daily ration of vinegar: four ounces of oat- mefil or cracked wheat for one-half pint of corn meal: two ounces of pickled onions for four ounces of fresh onioi When the vessel is in port and it is possible to obtain the same, one-and-one-half pounds of fresh meat shall be. si i lt it u ted for the daily rat i>n- of salt and canned meat : ialf pound of irrern cabbage for one ration of canned toiuatoi- : one-half pound of fresh fruit for one rat ion of dried fruit, r'rcsh fruit and vrirctahles shall be served while in port if obtainable. The seamen shall have the option of a<-<-4-pt'mjr the fare the master may provide, but the riirht at any time to demand the fOEfJgOing scale of j>ro\ The f(i-eiroin5 ><~,\\c of prn\i>iuis shall be inserted in every article of agreement, and shall not be reduced by any contract, except Rfl ahove. and a copy of PART V. MERCHANT SEAMKN. 93 the same shall be posted in a conspicuous place, in the galley and in the forecastle of each vessel. | Fishing or whaling vessels or yachts exempt Dec. 21, 1898, sec. 'JO. \ TABLE B. Certificate of discharge. I a 1* ?3 o T) w, I ll II. S., 4612. I certify that the above particulars are correct, and that the above-named seaman was discharged accordingly. Dated day of - , eighteen hundred and - . (Signed) (Countersigned) Master. Seaman. (jiven to the above-named seaman in my presence this day of - , eighteen hundred and . (Signed) Shipping-Commissioner. 114. Sick and disabled seamen. The President is authorized to receive donations of real it- s., 4301. or personal property, in the name of the United States, for the erection or support of hospitals for sick and dis- abled seamen. The term " seaman," wherever employed in legislation ^ e a c r - 3 3 1875 relating to the marine-hospital service, shall be held to include any person employed on board in the care, pres- ervation, or navigation of any vessel, or in the service, on board, of those engaged in such care, preservation, or navigation. No person employed in or connected with the naviga- R- s - 4804 tion, management, or use of canal-boats engaged in the coasting-trade shall by reason thereof be entitled to any benefit or relief from the marine-hospital fund. Sick and disabled seamen of foreign vessels and of ves- Mar. 3, 1875. sels [not subject to hospital-dues] may be cared for by Sec * 6 * NAVIGATION LAWS OF THE UNITED STATES. R. S., 4805. Mar. 3, 1875. Sec. 5. the marine-hospital service at such rates and under such regulations as the Secretary of the Treasury may pre- scribe. Sick foreign seamen maybe admitted to the marine hos- pitals within the United States, if it can with convenience In- done, on the application of the master of any foreign ls " r> - vessel to which any such seaman may belong. Each sea- man so admitted shall be subject to a charge of [seventy- five cents | per day for each day he may remain in the hospital, which shall be paid by the master of such for- eign vessel to the collector of the collection-district in which such hospital is situated. And the collector shall not grant a clearance to any foreign vessel until the money so due from her master shall be paid. The officer in charge of each hospital is hereby directed, under pen- alty of fifty dollars, to make out the accounts against each foreign seaman that may be placed in the hospital under his direction, and render the same to the collector. Insane patients of said | marine hospital] service shall be admitted into the Government Hospital for the Insane upon the order of the Secretary of the Treasury, and shall be cared for therein until cured or until removed by the same authority; and the charge for each such patient shall not exceed four dollars and fifty cents a week, which charge shall be paid out of the marine-hospital fund. The privilege of admission to and temporary treatment in the marine hospitals under the control of the Govern- ment of the United States be. and is hereby, extended to the keepers and crews of the Life-Saving Service under the same rules and regulations as those governing sailors and seamen, and for the purposes of this Act members of the Life-Saving Service shall be received in said hospitals and treated therein, and at the dispensaries thereof, as are seamen of American registered vessels: but this Act shall not be so construed as to compel the establishment of hos- pitals or dispensaries for the benefit of said keepers and crews, nor as establishing a home for the same when per- manently disabled. 115. Jurisdiction over American seamen in foreign ports and foreign seamen in American ports. Whenever it is .-tipulatod by treaty or convention be- tween the Tinted States and any foreign nation that the 'il-general. consuls. \ ice -con-ids, or consular or com- mercial aircnt- of each nation, shall have exclusive juris- diction of controversies, difficulties, or disorders arising a or in the \\aters or port- of the other nation. Ite- t u een the nia-ter or officer- and any of the crew, or bet ween any of the crew t hein.-el \ es. of any FCSSel belonging to the nation represented by such consular officer, such -tipula- tim- .-hall be executed and enforced within the jurisdic- Aug. 4, 1894. i: s . PART V. MKKc IIANT SEAM K N . 95 tion of the United States as hereinafter declared. But before this section shall take eli'ect as to the vessels of any particular nation having Mich treaty with the I'nited States, the President shall be satisfied that similar provi- sions have been made for the execution of such treaty by the other contracting parly, and shall issue his proclama- tion to that ellcct. declaring this section to be in force as to such nation. In all cases within the purview of the preceding section it. s., 4oso. the consul-general, consul, or other consular or commer- cial authority of such foreign nation charged with the appropriate duty in the particular case, may make appli- cation to any court of record of the United States, or to any judge thereof, or to any commissioner of a district Mft y 28 189C - court, setting forth that such controversy, difficulty, or disorder has arisen, briefly stating the nature thereof, and when and where the same occurred, and exhibiting a cer- tified copy or abstract of the shipping-articles, roll, or other proper paper of the vessel, to the effect that the per- son in question is of the crew or ship's company of such vessel ; and further stating and certifying that such per- son has withdrawn himself, or is believed to be about to AvithdraAv himself, from the control and discipline of the master and officers of the vessel, or that he has refused, or is about to refuse, to submit to and obey the laAvful juris- diction of such consular or commercial authority in the premises ; and further stating and certifying that, to the best of the knowledge and belief of the officer certifying, such person is not a citizen of the United States. Such application shall be in writing and duly authenticated by the consular or other sufficient official seal. Thereupon such court, judge, or commissioner shall issue his Avarrant for the arrest of the person so complained of, directed to the marshal of the United States for the appropriate dis- trict, or in his discretion to any person, being a citizen of the United States, whom he may specially depute for the purpose, requiring such person to be brought before him for examination at a certain time and place. If, on such examination, it is made to appear that the R. 8.^4081. person so arrested is a citizen of the United States, he 528o e as amend- shall be fortliAvith discharged from arrest, and shall left to the ordinary course of laAv. But if this is not a*. made to appear, and such court, judge, or commissioner finds, upon the papers hereinbefore referred to, a sufficient prima-facie case that the matter concerns only the inter- nal order and discipline of such foreign vessels, or, whether in its nature civil or criminal, does not affect di- rectly the execution of the laws of the United States, or the rights and duties of any citizen of the United States, he shall forthwith, by his warrant, commit such person to prison, where prisoners under sentence of a court of the United States may be lawfully committed, or, in his dis- 02075 15 7 96 NAVIGATION LAWS OF THE UNITED STATES. cretion, to the master or chief officer of such foreign vessel, to be subject to the lawful orders, control, and dis- cipline of such master or chief officer, and to the jurisdic- tion of the consular or commercial authority of the nation to which such vessel belongs, to the exclusion of any authority or jurisdiction in the premises of the United StMtrs or any State thereof. No person shall be detained more than two months after his arrest, but at the end of that time shall be set at liberty and shall not again be arrested for the same cause. The expenses of the arrest and the detention of the person so arrested shall be paid by the consular officer making the application. '-\-, tll * The district courts, and the United States commis- 7i " sioners, shall have power to carry into effect, according to the true intent and meaning thereof, the award, or arbitration, or decree of any consul, vice-consul, or com- mercial agent of any foreign nation, made or rendered by virtue of authority conferred on him as such consul, vice-consul, or commercial agent, to sit as judge or ar- bitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge, application for the exercise of such power being first made to such court or commissioner by petition of such consul, vice- consul, or commercial agent. And said courts and com- missioners may issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto, by imprison- ment in the jail or other place of confinement in the dis- trict in which the United States may lawfully imprison any person arrested under the authority of the United Statr<. until such award, arbitration, or decree is com- plied with, or the parties are otherwise discharged there- from, by the consent in writing of such consul, vice-con- sul, or commercial agent, or his successor in office, or by the authority of the foreign government appointing such ul. \ ice-consul, or commercial agent: Provided, how- <<>/-. That the expenses of the said imprisonment, and maintenance of the prisoners, and the cost of the proceed- ings, shall be borne by such foreign government, or by its con-ill. rice-Consul, or commercial agent requiring such imprisonment The marshals of the 1'nited States shall serve all such pr nd do all other acts necessary and proper to carry into effect the premises, under the au- thority of the said courts and commissioners. 116. Seamen's witness fees. Thnv >hall be paid to each seaman or other person who is sent to the I'nited om any foreign port,station. Hi. by any I'nited Btatefl minister, charge d'affaires, connd. captain, or commander, to give testi- mony in any criminal ea depending in any court of the t'nih-d State-. >uch compen>at ion. exclusive of subsistence PART V. MERCHANT SEAMEN. 97 and transportation, as such court may adjudge to l>e proper, not exceeding one dollar for each flay necessarily employed in such voyage, and in arriving at the place of examination or trial. In fixing such compensation, the court shall take into consideration the condition of said seaman or witness, and whether his voyage lias been broken up, to his injury, by his being sent to the United States. "When such seaman or person is transported in an armed vessel of the United States no charge for subsist- ence or transportation shall be allowed. When he is transported in any other vessel, the compensation for his transportation and subsistence, not exceeding in any case iii'ty cents a day, may be fixed by the court, and shall be paid to the captain of said vessel accordingly. 117. Manning of merchant vessels. In all merchant vessels of the United States of more gjjj. 1 ^' 1!U ' than one hundred tons gross, excepting those navigating , (Effective be 11 i -i I'-iji-i Panning Nov. 4, rivers, harbors, bays, or sounds exclusively, the sailors 1015.) shall, while at sea, be divided into at least two, and the firemen, oilers, and water tenders into at least three watches, which shall be kept on duty successively for the performance of ordinary work incident to the sailing and management of the vessel. The seamen shall not be shipped to work alternately in the fireroom and on deck, nor shall those shipped for deck duty be required to work in the fireroom, or vice versa ; but these provisions shall not limit either the authority of the master or other officer or the obedience of the seamen when, in the judgment of the master or other officer, the w y hole or any part of the crew are needed for the maneuvering of the vessel or the performance of work necessary for the safety of the ves- sel or her cargo, or for the saving of life aboard other ves- sels in jeopardy, or when in port or at sea from requiring the whole or any part of the crew to participate in the performance of fire, lifeboat, and other drills. While such vessel is in a safe harbor no seaman shall be re- quired to do any unnecessary work on Sundays or the following-named days: New Year's Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day, but this shall not prevent the dispatch of a vessel on regu- lar schedule or when ready to proceed on her voyage. And at all times while such vessel is in a safe harbor, nine hours, inclusive of the anchor watch, shall constitute a day's work. Whenever the master of any vessel shall fail to comply with this section, the seamen shall be entitled to discharge from such vessel and to receive the wages earned. But this section shall not apply to fishing or whaling vessels, or yachts. No vessel of one hundred tons gross and upward, ex- ^'"is! 1J cept those navigating rivers exclusively and the smaller (Effective O n .i,,, i -i j.' . AV American ves- mland lakes and except as provided in section one of this seis beginning- Ac^ shall be permitted to depart from any port of the Nov - 4> l 98 NAVIGATION LAWS OF TIIK rXITKl* STATES. foreign nations United States unless she has on board a crew not less than not e !vered by seventy-five per centum of which, in each department V!TVr s ,m il \vs- thereof, are able to understand any order given by the seis 'of other officers of such vessel, nor unless forty per centum in the foreign na- ~ f n . .-^ -, nj>, after ter- first year, forty-five per centum in the second year, fifty 1011 f per centum in the third year, fifty-five per centum in the fourth year after the passage of this Act, and there- after sixty-five per centum of her deck crew, exclusive of licensed officers and apprentices, are of a rating not less than able seaman. Even 7 person shall be rated an able seaman, and qualified for service as such on the seas, who is nineteen years of age or upward, and has had at least three years' service on deck at sea or on the Great Lakes, on a vessel or vessels to which this section applies, includ- ing decked fishing vessels, naval vessels or coast guard vessels; and every person shall be rated an able seaman, and qualified to serve as such on the Great Lakes and on the smaller lakes, bays or sounds, who is nineteen years of age oi- upward and lias had at least eighteen months' serv- ice on deck at sea or on the Great Lakes or on the smaller lakes, bays, or sounds, on a vessel or vessels to which this section applies, including decked fishing vessels, naval vessels, or coast guard vessels: and graduates of school ships approved by and conducted under rules prescribed by the Secretary of Commerce may be rated able seamen after twelve months' service at sea: Provided, That upon mination, under rules prescribed by the Department of Commerce as to eyesight, hearing, and physical condi- tion, such persons or graduates are found to be compe- tent : rrai'ided further, That upon examination, under rules prescribed by the Department of Commerce as to iifht. hearing, physical condition, and knowledge of the duties of seamanship a person found competent may l>e rated as able seaman after having served on deck twelve months at sea, or on the Great Lakes; but seamen examined and rated able seamen under this proviso shall not in any case compose more than one-fourth of the num- ber of able seamen required by this section to be shipped 01- employed upon any vessel. Any pcrxin may make application to any board of local inspectors for a certificate of service as able seaman, and upon proof he'mg made to said board by affidavit and mination, under rules approved by the Secretary of Commerce, showing the nationality and age of the appli- cant and the veOB6\ or ve els on which he has had service and that he is entitled to such certificate under the pro- \ i-ions of this section, the hoard of local inspectors shall i>Hie to said applicant a certificate of service, which shall be retained by him and he accepted as prima facie evi- dence of his rating as an able seaman. PART V. MERCHANT SEAMEN. 99 Each board of local inspectors shall keep a complete record of all certificates of service issued by them and to whom issued and shall keep on file the affidavits upon which said certificates are issued. The collector of customs may, upon his own motion, and shall, upon the sworn information of any reputable citizen of the United States setting forth that this section is not being complied with, cause a muster of the crew of any vessel to be made to determine the fact; and no clear- ance shall be given to any vessel failing to comply with the provisions of this section: Provided, That the col- lector of customs shall not be required to cause such mus- ter of the crew to be made unless said sworn information has been filed with him for at least six hours before the vessel departs, or is scheduled to depart: Provided fur- ther, That any person that shall knowingly make a false affidavit for such purpose shall be deemed guilty of per- jury and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or by both such fine and imprisonment, within the discretion of the court. Any violation of any provi- sion of this section by the owner, master, or officer in charge of the vessel shall subject the owner of such vessel to a penalty of not less than $100 and not more than $500 : And provided further, That the Secretary of Commerce shall make such rules and regulations as may be necessary to carry out the provisions of this section, and nothing herein shall be held or construed to prevent the Board of Supervising Inspectors, with the approval of the Secre- tary of Commerce, from making rules and regulations authorized by law as to vessels excluded from the opera- tion of this section. 118. TTnderxnanning. In case of desertion or casualty resulting in the loss of R. g., 4516. one or more of the seamen, the master must ship, if ob- ^'. i 1 ' 1898 ' tainable, a number equal to the number of those whose ^, r - 1 *' 1915 - services he has been deprived of by desertion or casualty, " ^Effective fce- who must be of the same or higher grade or rating with f^ 1 ^ Nov - 4> those whose places they fill, and report the same to the United States consul at the first port at which he shall arrive, without incurring the penalty prescribed by the two preceding sections. This section shall not apply to fishing or wdialing vessels or yachts. 119. Fellow-servant clause. In any suit to recover damages for any injury sustained JJjJ^'o 1915 ' on board vessel or in its service seamen having command ( Effective i*?- shall not be held to be fellow-servants with those under fiT^ Nor ' 4 ' their authority. PART VI. SEAWORTHINESS, SUPPLIES, LOG BOOK. 120. Unseaworthy vessels. 121. Inspection of hulls and equip- ment. 122. Seagoing barges. 123. Iiisi>ection of seaworthiness at domestic i><>rts. 124. Inspection of seaworthiness at foreign ports. 125. Provisions and water. 126. Weights and measures. 127. Medicines and antiscorbutics. 128. Slop chest. 129. Warmth and clothing. 130. Log book. Sec. 11. 120. TJnseawcrthy vessels. If any person knowingly sends or attempts to send or is party to the sending or attempting to send an American ship to sea, in the foreign or coastwise trade, in such an unseaworthy state that the life of any person is likely to be thereby endangered, he shall, in respect of each offense. be guilty of a misdemeanor, and shall be punished by a fine not to exceed one thousand dollars or by imprison- ment not to exceed five years, or both, at the discretion of the court, unless he proves that either he used all reason- able means to insure her being sent to sea in a sea- worthy state, or that her going to sea in an unseaworthy be was. under the circumstances, reasonable and justi- fiable, and for the purposes of giving that proof he may give evidence in the same manner as any other witness. | This section shall not apply to fishing or whaling vessels or yachts Dec. 21, 1898, sec. 26.] 121. Inspection of hulls and equipment. The local inspectors shall, once in every year, at least, carefully inspect the. hull of each steam vessel within their respective districts, and shall satisfy themselves that every such vessel so submitted to their inspection is of a structure suitable for the service in which she is to be ^yr;,, 1 ^ 1 em ployed. has suitable accommodations for passengers and the crew, and is in a condition to warrant the belief that she may be used in navigation as a steamer, with t v to life, and that all the requirements of law in re- gard to fires, boats, pumps, hose, life-preservers, floats, anchors, cables, and other things are faithfully complied with: and if they deem it expedient they may direct the '1 to be put in motion, and may adopt any other suit- able mean- t<> tr.-t her sufliciency and that of her equip- ment. The local inspectors shall, once in every year, at least, carefully inspect the hull of each sail vess'el'of over seven hundred ton- carrying passengers for hire and all other voxels and barges of over one hundred tons burden carrying pa^engers for hire within their respective districts, and -hall -atisfv themselves that every such 100 PART VI. SEAWORTHINESS, sri'l'l IKS. L06 I'.ooK. 101 vessel so submitted to their inspection is of a struc- ture suitable for the service in which she is to be employed, has suitable accommodations for the crew, and is in condition to warrant the belief that she may be used in navigation with safety to life: Pro- mded, That vessels while laid up and dismantled and out of commission may, by regulations established by the Board of Supervising Inspectors, with the approval of the Secretary of Commerce, be exempted from any or all inspection under sections forty-four hundred and seventeen, forty-four hundred and eighteen, forty-four hundred and twenty-six, forty-four hundred and twenty- sex en. Whenever any inspector or assistant inspector shall, in the performance of his duty, find on board any vessel subject to the provisions of this Title [R. S., 4399- 4500] as part of the required equipment thereof, any equipment, machinery, apparatus, or appliances not con- forming to the requirements of law, he shall require the same to be placed in proper condition by the owner or master of the said vessel, if possible; and if said inspector or assistant inspector shall find on board any such vessel any life-preservers or fire hose so defective as to be inca- pable of repair, he shall require that the same be destroyed in his presence by such owner or master. And in any of the foregoing cases local inspectors by whom or under whose supervision said vessel is then being inspected shall have power to enforce the foregoing requirements by revoking the certificate of the said vessel, and by refusing to issue a new certificate to the said vessel until the said requirements shall have been fully complied with or until such action of the local inspectors shall have been reversed, modified, or set aside by the supervising inspector of the district on proper appeal by the owner or master of said vessel, which appeal shall be made to the said supervising inspector within ten days after the final action as aforesaid by the local inspectors ; and upon such appeal, duly made, the supervising inspector shall have power to affirm, modify, or set aside such action by the local inspectors. 122. Seagoing barges. The local inspectors of steamboats shall at least once in j^^f' 1908 - every year inspect the hull and equipment of every sea- going barge of one hundred gross tons or over, and shall satisfy themselves that such barge is of a structure suit- able for the service in which she is to be employed, has suitable accommodations for the crew, and is in a condi- tion to warrant the belief that she may be used in navi- gation with safety to life. They shall then issue a cer- tificate of inspection in the manner and for the purposes prescribed in sections forty-four hundred and twenty-one and forty-four hundred and twenty-three of the Revised Statutes. 102 NAVI CATION I \\VS ( \- TilK UNITED STATES. s<*. 11. Kvery such barge shall be equipped with the following appliances of kinds approved by the Board of Supervising Inspectors: At least one lifeboat, at least one anchor with suitable chain or cable, and at least one life-preserver for each person on board. 28, I9oa A reg^ter. enrollment, or license shall not be issued no. or renewed by any collector or other officer of customs to any such barge unless at the time of issue or renewal such barge h;is in force the certificate of inspection prescribed by section ten and on board the equipment prescribed by section eleven. 1(| 8. If any such barge shall be navigated without such cer- tificate of inspection, or without any part of the equip- ment prescribed by section eleven, the owner shall be liable to a penalty of five hundred dollars for each offense. /: rno ^ ne Commissioner of Light-Houses, the Supervising sec. e c. ' 'Inspector-General of the Steamboat-Inspection Service, and the Commissioner of Navigation shall convene as a board at such times as the Secretary of Commerce shall prescribe to prepare regulations limiting the length of hawsers between towing vessels and seagoing barges in tow and the length of such tows within any of the inland waters of the United States designated and defined from time to time pursuant to section two of the Act approved February nineteen, eighteen hundred and ninety-five, and such regulations when approved by the Secretary of Commerce shall have the force of law. " 1S - The master of the towing vessel shall be liable to the .-iispension or revocation of his license for any willful vio- lation of regulations issued pursuant to section fourteen in the manner now pi-escribed for incompetency, mis- conduct, or unskillfulness. 123. Inspection of seaworthiness at domestic ports. If the first and second officers under the master or a ii'.'ijority of the crew of any vessel bound on any voyage .- hall, before the vessel shall have left the harbor, discover that the vessel is too leaky or is otherwise unlit in her crew. body, tackle, apparel, furniture, provisions, or stores to proceed on the intended voyage, and .-hall require such unfitness to be inquired into, the master shall, upon the request of the fir.-t and second officers under the master or -iicli majority of the crew, forthwith apply to the judge of the di>t net court of that judicial dislrii-t. if he shall there I--, or if not. to some justice d' the peace of the city. to\\ ii. or place for the appoint ment of surveyors. a< in sec- tion forty-five hundred and fifty- precept, directed to three persons in the neighborhood, the most experienced and skillful in maritime atl'airs that can be procured; and whenever such complaint is about the provisions one of such surveyors shall be a physician or a surgeon of the Public Health and Marine Hospital July i, 1902. Service, if such service is established at the place where the 1 complaint is made. It shall be the duty of such sur- veyors to repair on board such vessel and to examine the same in respect to the defects and insufficiencies com- plained of. and make reports to the judge, or justice, as the case may be, in writing, under their hands or the hands of two of them, whether in any or in what respect the vessel is unfit to proceed on the intended voyage, and what addition of men, provisions, or stores, or what repairs or alterations in the body, tackle, or apparel will be necessary; and upon such report the judge or justice shall adjudge and shall indorse on his report his judg- ment whether the vessel is fit to proceed on the intended voyage, and, if not, whether such repairs can be made or deficiencies supplied where the vessel then lies, or whether it is necessary for her to proceed to the nearest or most convenient place where such supplies can be made or deficiencies supplied ; and the master and the crew shall, in all things, conform to the judgment. The master or commander shall, in the first instance, pay all the costs of such review, report, or judgment, to be taxed and allowed on a fair copy thereof, certified by the judge or justice. IS nt if the complaint of the crew shall appear upon the report and judgment to have been without foundation, the master or commander, or the owner or consignee of such vessel, shall deduct the amount thereof, and of reasonable damages for the detention, to be ascertained by the judge or justice, out of the wages of the complaining seamen. [This section shall not apply to fishing or whaling vessels or yachts Dec. 21, 1898, sec. 26.] If 2 after judgment that such vessel is fit to proceed on R. s.,458. her intended voyage, or after procuring such men, pro- g^'g 2 visions, stores, repairs, or alterations as may be directed, the seamen, or either of them, shall refuse to proceed on the voyage, he shall forfeit any wages that may be due him. | This section shall not apply to fishing or whaling vessels or yachts Dec. 21, 1898, sec. 26.] 104 NAVIGATION LAWS OF THE UNITED STATES. 124. Inspection of seaworthiness at foreign ports. ?' ?"2 4 i 55 i 9 898 1'pon a complaint in writing, signed by the first and 'iV t , second officers or a majority of the crew of any vessel, Mar. i, i: is. ^ft e ' n & f ore ig n port, that such vessel is in an unsuit- (1 S^S?NjT*W e condition to go to sea because she is leaky or insuffi- ri'iiHV "ciently supplied with sails, rigging, anchors, or any other equipment, or that the crew is insufficient to man her, or that her provisions, stores, and supplies are not or have not been during the voyage sufficient or wholesome, there- upon, in any of these or like cases the consul or a com- mercial agent who may discharge any of the duties of a consul shall cause to be appointed three persons of like qualifications with those described in section forty-five hundred and fifty-seven, who shall proceed to examine into the cause of complaint and who shall proceed and be governed in all their proceedings as provided by said section. [This section shall not apply to fishing or whal- ing vessels or yachts Dec. 21, 1898, sec. 26.] B. s., 4560. The inspectors appointed by any consul or commercial agent, in pursuance of the preceding section, shall have full power to examine the vessel and whatever is aboard of her, so far as is pertinent to their inquiry, and also to hear and receive any other proofs which the ends of jus- tice may require; and if, upon a view of the whole pro- ceedings, the consul or other commercial agent is satisfied therewith, he may approve the whole or any part of the report, and shall certify such approval ; or if he dissents, he shall certify his reasons for dissenting. ?' s -o 6 }8 The inspectors in their report shall also state whether J UH6 ~ "> ( 1 S-*. .... i 1 . "j 1 i sec. 4. m their opinion the vessel was sent to sea unsuitably pro- sec, 'n.' l 98 * vided in any important or essential particular, by neglect or design, or through mistake or accident; and in case it was by neglect or design, and the consular officer approves of such finding, he shall discharge such of the crew as request it. and shall require the payment by the master of one month's wages for each seaman over and above the wages then due, or sufficient money for the return of such of the crew as desire to be discharged to the nearest and most convenient port of the United States, or by furnish- ing the seamen who so desire to be discharged with em- ployment on a ship agreed to by them. But if in the opinion of the inspectors the defects or deficiencies found to exist have been the result of mistake or accident, and could not. in the exercise of ordinary care, have been known and provided against before the sailing of the vessel, and the ma-ter -hall in a reasonable time remove or remedy the CaU866 of complaint, then the crew shall remain and discharge their duty. | This section shall not applv to li>hinr 4 i 56 i 8 898 s',' '.'-.' iV v is bound; and such report shall be received in evidence in any legal proceedings. If the officer to whom any such complaint in regard to tlu* provisions or the water is made certifies in such state- incut that there was no reasonable ground for such com- plaint. each of the parties so complaining shall forfeit to the master or owner his share of the expense, if any, of the survey. [This section shall not apply to fishing or whaling vessels. or yachts Dec. 21, 1898, sec. 26.] If any seamen, while on board any vessel, shall state to the master that they desire to make complaint, in accord- ance with the two preceding sections, in regard to the pro- visions or the water, to a competent officer, against the master, the master shall, if the vessel is then at a place where there is any such officer, so soon as the service of the vessel will permit, and if the vessel is not then at such a place, so soon after her first arrival at such place as the service of the vessel will permit, allow such seamen, or any of them, to go ashore, or shall send them ashore, in proper custody, so that they may be enabled to make such complaint ; and shall, in default, be liable to a penalty of not more than one hundred dollars. ^' Curing a v y a to e > the allowance of any of the provi- sions which any seaman is entitled to under section forty - six hundred and twelve of the Revised Statutes is reduced except for any time during which such seaman willfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct either on board or on shore; or if it shall be shown that any of such provisions are, or have been during the voy- ;iL r <-. bad in quality or unfit for use, the seaman shall ive. by way of compensation for such reduction or bad qualify, according t<> the time of its continuance, the following sums, to be paid to him in addition to and to be recoverable ;,< wages: First. If his allowance is reduced by any quantity not exceeding one-third of the quantity specified by law, a sum not exceeding fifty cents a day. <>nd. If his allowance is reduced by more than one- third of such quantity, a sum not exceeding one dollar a day. Third. In respect to bad quality, a sum not exceeding one dollar a day. Iut if it is shown to the satisfaction of the court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or sup- plied in sullicient quantities, or were unavoidably injured or lost, oi- if by reason of its innate qualities any article unfit for use and that proper and equivalent sub- stitutes were supplied in lieu thereof, the court shall take such circumstances into consideration and shall modify or refuse Compensation, as the justice of the case may re- quire. [This >ect ion shall not apply to fishing or whaling \->sels or yachts Dec. 21, 1898, sec. 26.] PART VI. SEAWORTHINESS, SUPPLIES, LOG BOOK. 107 126. Weights and measures. Everv master shall keep on hoard proper weights and K. s.. tr.vi. measures for the purpose of determining the quantities of the several provisions and articles served out, and shall allow the same to he used at the time of serving out such provisions and articles, in the presence of a witness, whenever any dispute arises about such quantities, and in default shall, for every offense, be liable to a penalty of not more than fifty dollars. 127. Medicines and antiscorbutics. Every vessel belonging to a citizen of the United H - s - 456 - States, 'bound from a port in the United States to any foreign port, or being of the burden of seventy-five tons or upward, and bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall be provided with a chest of medicines ; and every sailing-vessel bound on a voyage across the Atlantic or Pacific Ocean, or around Cape Horn, or the Cape of Good Hope, or engaged in the whale or other fisheries, or in sealing, shall also be pro- \ ided with, and cause to be kept, a sufficient quantity of lime or lemon juice, and also sugar and vinegar, or other anti-scorbutics, to be served out to every seaman as fol- lows : The master of every such vessel shall serve the lime or lemon juice, and sugar and vinegar, to the crew, within ten days after salt provisions mainly have been served out to the crew, and so long afterward as such consump- tion of salt provisions continues ; the lime or lemon juice and sugar daily at the rate of half an ounce each per day ; and the vinegar weekly at the rate of half a pint per week for each member of the crew. If, on any such vessel, such medicines, medical stores, R - s.,4570. lime or lemon juice, or other articles, sugar, and vinegar, as are required by the preceding section, are not pro- vided ancl kept on board, as required, the master or owner shall be liable to a penalty of not more than five hundred dollars; and if the master of any such vessel neglects to serve out the lime or lemon juice, and sugar and vinegar in the case and manner directed, he shall for each such offense be liable to a penalty of not more than one hundred dollars: and if any master is convicted in either of the offenses mentioned in this section, and it ap- pears that the offense is owing to the act or default of the owner, such master may recover the amount of such pen- alty, and the costs incurred by him, from the owner. 128. Slop chest. Every such vessel [E, S., 4569~| except vessels engaged i\l 6 ' 1884> in the whaling or fishing business shall also be provided with a slop-chest, which shall contain a complement of clothing for the intended voyage for each seaman em- ployed, including boots or shoes, hats, or caps, under ^"^3' 1886> clothing and outer clothing, oiled clothing, and every- 108 NAVIGATION LAWS OF THK UNITED STATES. R. 8., l IN*. 21, 1898. Sec. 15. R. 8., 4290. thing necessary for the wear of a seaman ; also a full sup- ply of tobacco and blankets. Any of the contents of the slop-chest shall be sold, from time to time, to any or every seaman applying therefor, for his own use, at a profit not exceeding ten per centum of the reasonable wholesale value of the same at the port at which the voyage commenced. And if any such vessel is not pro- vided, before sailing, as herein required, the owner shall be liable to a penalty of not more than five hundred dol- lars. The provisions of this section shall not apply to vessels plying between the United States and the Domin- ion of Canada, Newfoundland, the Bermuda Islands, the Bahama Islands, the West Indies, Mexico and Central America. 129. Warmth and clothing. Every vessel bound on any foreign voyage exceeding in length fourteen days shall also be provided with at least one suit of woolen clothing for each seaman, and every vessel in the foreign or domestic trade shall provide a safe and warm room for the use of seamen in cold weather. Failure to make such provision shall subject the owner or master to a penalty of not less than one hundred dollars. [This section shall not apply to fishing or whaling vessels or yachts Dec. 21, 1898, sec. 26.] 130. "Log book. Every vessel making voyages from a port in the United States to any foreign port, or being of the burden of seventy-five tons, or upward, from a port on the Atlantic to a port on the Pacific, or vice versa, shall have an official log-book; and every master of such vessel shall make, or cause to be made therein, entries of the follow- ing matters, that is to say: First. Fvery legal conviction of any member of his crew, and the punishment inflicted. Second. Fvery offense committed by any member of his crew for which it is intended to prosecute, or to enforce a forfeiture, together with such statement concerning the reading over such entry, and concerning the reply, i i' any, made to the charge, as is mjnircd by the provisions of section forty-five hundred and ninety-seven. Third. Fvery oll'ense for which punishment is inflicted on board, and the punishment inflicted. Fourth. A .-tatement of the conduct, character, and qualifications of each of his crew : or a statement that he declines to give an opinion of such particulars. Fifth. Kvery case of illness or injury happening to any member of the crew, with the nature thereof, and the medical treatment. Sixth. Fvrry case of death happening on board, with the cause ther PART VI. SEAWORTHINESS, SUPPLIES, LOG BOO 1C. 109 Seventh. Every birth happening on board, with the sex of the infant, and the names of the parents. Eighth. Every marriage taking place on board, with the names and ages of the parties. Ninth. The name of every seaman or apprentice who ceases to he a member of the crew otherwise than by death, with the place, time, manner, and cause thereof. Tenth. The wages due to any seaman or apprentice who dies during the voyage, and the gross amount of all deductions to be made therefrom. Eleventh. The sale of the effects of any seaman or ap- prentice who dies during the voyage, including a state- ment of each article sold, and the sum received for it. Twelfth. In every case of collision in which it is prac- Feb - 14 190 - ti cable so to do, the master shall, immediately after the occurrence, cause a statement thereof, and of the circum- stances under which the same occurred, to be entered in the official log book. Such entry shall be made in the manner prescribed in section forty-two hundred and ninety-one, and failure to make such entry shall subject the offender to the penalties prescribed by section forty- two hundred and ninety-two. Every entry hereby required to be made in the official R> s - 4291 - log-book shall be signed by the master and by the mate, or some other one of the crew, and every entry in the official log-book shall be made as soon as possible after the occur- rence to which it relates, and, if not made on the same day as the occurrence to which it relates, shall be made and dated so as to show the date of the occurrence, and of the entry respecting it ; and in no case shall any entry therein, in respect of any occurrence happening previously to the arrival of the vessel at her final port, be made more than twenty-four hours after such arrival. If in any case the official log-book is not kept in the R - s - 4292 manner hereby required, or if any entry hereby directed to be made in any such log-book is not made at the time and in the manner hereby directed, the master shall, for each such offense, be liable to a penalty of not more than twenty-five dollars; and every person who makes, or pro- cures to be made, or assists in making, any entry in any official log-book in respect of any occurrence happening previously to the arrival of the vessel at her final port of discharge, more than twenty-four hours after such ar- rival, shall, for each offense, be liable to a penalty of not more than one hundred and fifty dollars. PART VIL LIABILITY OF OWNERS, MASTERS, AND SHIPPERS. 131. Liability of owners, masters, and shippers. 132. Act of February 13, 1893 (Barter Act). 139. Loading safety valve. R, 8.. 4281. R. 8., 4282. 4283. 110 131. Liability of owners, masters, and shippers. If any shipper of platina, gold, gold dust, silver, bul- lion, 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 unmanufac- tured state, watches, clocks, or time pieces of any descrip- tion, trinkets, orders, notes, or securities for payment of money, stamps, 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 l>e liable as carriers thereof in any form or manner; nor shall any such master or owner l>e liable for any such goods beyond the value and rding to the character thereof so not ilied and entered. 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 in or by means of any lire happening to or on board the" vessel, unless such fire is caused by the design or led "f such owner. The liability of the owner of any 708861, for any embex- y.lemcnt. lOBB, or dc-truction. by any peix.n. of any prop- erty, goods, or merchandi.M-. snipped or put on board of such ur for any hs. damage, or injury by col- lision, or for any act. matter, or thing. lo>t. damage, or forfeiture, done, occasioned, or incurred, without the ju-ivity or knowledge of such owner or owners, shall in no can excc.-d the amount or value of the interest of such owner in >uch vessel, and her freight then pending. PART VII. - LIABILITY <>!' OWNKIIS, MASTKIIS, A N I) SHIPPERS. Ill Whenever any such embezzlement, loss, or destruction u- is suffered by several freighters or owners of goods, wares, merchandise, or any property whatever. <>n (he same voy- age, and the whole value of the vessel, and her freight for the voyage, is not sullicient 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 prop- erty. 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 he liahle among the parties entitled thereto. It shall be deemed a sullicient compliance on the part of ^. s., 4285. such owner with the requirements of this Title JR. S., 1 i:>l -loO."> | relating to his liability for any embezzlement, loss, or destruction of any property, goods, or merchan- dise, if he shall transfer his interest in such vessel and freight, for the benefit of such claimants, to a trustee, to be appointed by any court of competent jurisdiction, to act as such trustee for the person who may prove to be legally entitled thereto; from and after which transfer all claims and proceedings against the owner shall cease. The charterer of any vessel, in case he shall man, vict- R- s.,4286. nal. and navigate such vessel at his own expense, or by his own procurement, shall be deemed the owner of such vessel within the meaning of the provisions of this Title [R. S., 4131-4305] relating to the limitation of the lia- bility of the owners of vessels; and such vessel, when so chartered, shall be liable in the same manner as if navi- gated by the owner thereof. Nothing in the five preceding sections shall be con- R. s.,4287. strued to take away or affect the remedy to which any party may be entitled, against the master, officers, or sea- men. for or on account of any embezzlement, injury, loss, or destruction of merchandise, or property, put on board any vessel, or on account of any negligence, fraud, or other malversation of such master, officers, or seamen, re- spectively, nor to lessen or take away any responsibility to which any master or seaman of any vessel may by law be liable, notwithstanding such master or seaman may be an owner or part owner of the vessel. Any person shipping oil of vitriol, unslacked lime, in- R- s - 4288 - flammable matches, or gunpowder, in a vessel taking cargo for clivers 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, officer, or person in charge of the lading of the ves- June 10, 1886. sel, shall be liable to the United States in a penalty of Sec - 4 - one thousand dollars. The individual liability of a ship-owner, shall be limited $ e ffi 1884< to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole ; and 92075 15 - 8 112 NAVIGATION LAWS OF THE UNITED STATES. the aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessel and freight pending : Provided, That this provision shall not affect the liability of any owner incurred pre- vious to the passage of this act, nor prevent any claimant from joining all the owners in one action ; nor shall the same apply to wages due to persons employed by said ship-owners. Yum*' io 8 ?886 The provisions of the seven preceding sections, and of sec. 4. ' ' section eighteen of an act entitled "An act to remove cer- tain burdens on the American merchant marine and en- courage the American foreign carrying-trade, and for other purposes," approved June twenty-sixth, eighteen hundred and eighty-four, relating to the limitations of the liability of the owners of vessels, shall apply to all sea-going vessels, and also to all vessels used on lakes or rivers or in inland navigation, including canal-boats, barges, and lighters. 132. Act of February 13, 1893 (Harter Act). Bee.' i 13 ' 1 * 193 " It shall not be lawful lor the manager, agent, master or owner of any vessel transporting merchandise or prop- erty from or between ports of the United States and for- eign ports to insert in any bill of lading or shipping docu- ment any clause, covenant, or agreement whereby it, he, or they shall be relieved from liability for loss or damage arising from negligence, fault, or failure in proper load- ing, stowage, custody, care, or proper delivery of any and all lawful merchandise or property committed to its or their charge. Any and all words or clauses of such im- port inserted in bills of lading or shipping receipts shall be null and void and of no effect. It shall not be lawful for any vessel transporting mer- chandise or property from or between ports of the United States of America and foreign ports, her owner, master, agent or manager to insert in any bill of lading or ship- ping document any covenant or agreement whereby the obligations of the owner or owners of said vessel to exer- cise due diligence, properly equip, man, provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided. If the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said I in all respects seaworthy and properly manned, equipped, and supplied, neither the vessel, or owners, n,L r 'iit, <>r charterers shall become or beheld responsible for dainaire or loss resulting from faults or errors in navi- gation or in the management of said vessel, nor shall the Sec. 2. Ser. ?,. PART VII. LIABILITY OK OWNKKS, MASH l;s. A N I > SI I I IM'KKS. 113 vessel, her owner or owners, charterers, agent, or master, be held liable for losses arising from dangers of the sea or other navigable waters, acts of God, or public enemies, or the inherent defect, quality, or vice of the tiling carried, or from insufficiency 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 represen- tative, or from saving or attempting to save life or prop- erty at sea, or from any deviation in rendering such service, It shall be the duty of the owner or owners, masters, or Sec - 4 - agent of any vessel transporting merchandise or property from or between ports of the United States and foreign ports to issue to shippers of any lawful merchandise a bill of lading, or shipping document, stating, among other things, the marks necessary for identification, number of packages, or quantity, stating whether it be carrier's or shipper's weight, and apparent order or condition of such merchandise or property delivered to and received by the owner, master, or agent of the vessel for transportation, and such document shall be prima facie evidence of the receipt of the merchandise therein described. For a violation of any of the provisions of this act the Sec< 5 - agent, owner, or master of the vessel guilty of such viola- tion, and who refuses to issue on demand the bill of lading herein provided for, shall be liable to a fine not exceeding two thousand dollars. The amount of the fine and costs for such violation shall be a lien upon the vessel, whose agent, owner, or master is guilty of such violation, and such vessel may be libeled therefor in any district court of the United States, within whose jurisdiction the vessel may be found. One-half of such penalty shall go to the party injured by such violation and the remainder to the Government of the United States. This act shall not be held to modify or repeal sections Sec - 6 - forty-two hundred and eighty-one, forty-two hundred and eighty- two, and forty-two hundred and eighty-three of the Revised Statutes of the United States, or any other statute defining the liability of vessels, their own- ers, or representatives. Sections one and four of this act shall not apply to the Sec. 7. transportation of live animals. 133. General libel bond. When a warrant of arrest or other process in rem is R. s., 941. T <> -t 1. V . , Mar. 3, 1899. issued in any cause of admiralty jurisdiction, except in cases of seizures for forfeiture under any law of the United States, the marshal shall stay the execution of such process, or discharge the property arrested if the process has been levied, on receiving from the claimant of the property a bond or stipulation in double the amount claimed by the libelant, with sufficient surety, to be ap- proved by the judge of the court where the cause is pend- 114 NAVIGATION LAWS OF THE UNITED STATES. ing, or, in his absence, by the collector of the port, con- ditioned to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court, and judgment thereon, against both the principal and sureties, may be recovered at the time of rendering the decree in the original cause. And the owner of any ves- sel may cause to be executed and delivered to the marshal a bond or stipulation, with sufficient surety, to be ap- proved by the judge of the court in which he is marshal, conditioned to answer the decree of said court in all or any cases that shall thereafter be brought in said court against the said vessel, and thereupon the execution of all such process against said vessel shall be stayed so long as the amount secured by such bond or stipulation shall be at least double the aggregate amount claimed by the libel- ants in such suits which shall be begun and pending against said vessel ; and like judgments and remedies may be had on said bond or stipulation as if a special bond or stipulation had been filed in each of said suits. The court may make such orders as may be necessary to carry this section into effect, and especially for the giving of proper notice of any such suit. Such bond or stipulation shall be indorsed by the clerk with a minute of the suits wherein process is so stayed, and further security may at any time be required by the court. If a special bond or stipulation in the particular cause shall be given under this section, the liability as to said cause on the general bond or stipulation shall cease. PART VIII. INSPECTION OF STEAM VESSELS. 134. General provisions. 135. Inspection of registered foreign- built vessels. 136. Manning of inspected vessels. 137. Inspection of hulls and equip- ment. 138. Inspection of boilers. 139. Loading safety valve. 140. Water-tight bulkheads. 141. Lifeboats, lines, and life lire- servers. 142. Stairways and deck room. 143. Wire tiller ropes. 144. Protection si gainst fire. 145. Inflammable or explosive <-arp>. 146. Carriage of passengers. 147. Certificate of inspection. 148. Exhibit of laws. 149. Inspectors and officers of steam vessels. 150. Liability for damage. 151. Enforcement and penalty. 134, General provisions. Every vessel propelled in whole or an part by steam K. s., 4399. shall be deemed a steam-vessel within the meaning of this Title [R, S., 4399-4500]. All steam vessels navigating any waters of the United Aug.' f 7, 4 i882. States which are common highways of commerce or open Mar. i' isos 1 A * A * * j j_ * 11* r 6D. 1 0, 1 H F_. to general or competitive navigation, excepting public Mar. 17, 1900. vessels of the United States, vessels of other countries, and boats propelled in whole or in part by steam for navigating canals, shall be subject to the provisions of this title. [See Aug. 18, 1914, sec. 2, p. 120.] And all foreign private steam vessels carrying passen- gers from any port of the United States to any other place or country shall be subject to the provisions of sec- tions forty-four hundred and seventeen, forty-four hun- dred and eighteen, forty-four hundred and twenty-one, forty-four hundred and twenty-two, forty-four hundred and twenty-three, forty-four hundred and twenty-four, forty-four hundred and seventy, forty-four hundred and seventy-one, forty-four hundred and seventy-two, forty- four hundred and seventy-three, forty-four hundred and seventy-nine, forty-four hundred and eighty-two, forty- four hundred and eighty-eight, forty-four hundred and eighty-nine, forty-four hundred and ninety-six, forty- four hundred and ninety-seven, forty-four hundred and ninety-nine, and forty-five hundred of this title, and shall be liable to visitation and inspection by the proper officer, in any of the ports of the United States, respecting any of the provisions of the sections aforesaid: Provided, however, That when such foreign passenger steamers be- long to countries having inspection laws approximating those of the United States, and have unexpired certifi- 115 116 NAVIGATION LAWS OF THE UNITED STATES. cates of inspection issued by the proper authorities in the respective countries to which they belong, they shall be subject to no other inspection than necessary to satisfy the local inspectors that the condition of the vessel, her boilers, and life-saving equipments are as stated in the current certificate of inspection; but no such certificate of inspection shall be accepted as evidence of lawful inspection except when presented by steam vessels of other countries which have by their laws accorded to the steam vessels of the United States visiting such countries the same privilege accorded herein to the steam vessels of such countries visiting the United States; it being further provided that there shall be collected and paid into the Treasury of the United States the same fees for the inspection of foreign passenger steamers carrying passengers from the United States that any foreign nation shall charge the merchant vessels of the United States trading to the ports of such nationality ; it being further provided that the Secretary of Commerce shall have the power to waive at any time the collection of such fees upon due notice of the proper authorities of any country concerned that the collection of fees for the inspection of American steam merchant vessels has been discontinued. It is further provided that the Secretary of Commerce may, in his discretion, permit any foreign passenger steamer coming within the provisions of this Act whose foreign certificate of inspection shall have expired at sea since last leaving the country to which said vessel belongs, or while said vessel shall have been in a port of the United States, to sail upon her regular route without undergoing any further inspection than would have been required had said foreign certificate of inspection been in force: Provided, however, That such discretion shall be exercised only with respect of vessels operated upon regularly established lines, and in cases where such for- eign passenger steamers will be regularly inspected by the authorities of her home government before her next return to a port of the United States. A register, enrollment, or license shall not be granted, or other papers be issued by any collector or other chief oflicer of customs to any vessel subject bv law to inspec- tion under this title [R. S. 4399-45001 until all the provi- sions of this title applicable to such vessels have been fully complied with and until the copy of the certificate of in-pection required ly this title for such vessel has been filed with said collector or other chief officer of cnstom& The hull and boilers of every ferryboat, canal boat, Jim! K ',!;'_" yacht, or other small craft of like character propelled by in. shall be inspected under the provisions of thi's M:.y i6, 1900. tj t ] (> Such other provisions of law for the better security of life as may be applicable to such vessel shall, by the regulations of the board of supervising inspectors, also be I, 1915. Sec. 5. PART VIII. INSPECTION OP STEAM VESSKI S. required to be complied with before a certificate of inspec- tioii shall be granted, and no such vessel shall be navi- gated without a licensed engineer and a licensed pilot: Provided* however, That in open steam launches of ten gross tons and under, one person, if duly qualified, may serve in the double capacity of pilot and engineer. All vessels of above fifteen gross tons carrying freight or passengers for hire, but not engaged in fishing as a regular business, propelled by gas, fluid, naphtha, or electric motors, shall be, and are hereby, made subject to all the provisions of section forty-four hundred and twenty-six of the Revised Statutes of the United States relating to the inspection of hulls and boilers and requiring engineers and pilots, and for any violation of the provisions of this title applicable to such vessels, or of rules or regulations lawfully established thereunder, and to the extent to which such provisions of law and regulations are so applicable, the said vessels, their masters, officers, and owners shall be subject to the provisions of sections forty- four hundred and ninety-six, forty-four hundred and ninety-seven, forty-four hundred and ninety-eight, forty- four hundred and ninety-nine, and forty-five hundred, relating to the imposition and enforcement of penalties and the enforcement of law. All vessels of fifteen gross tons or less propelled in whole or in part by gas, gasoline, petroleum, naphtha, fluid, or electricity, and carrying passengers for hire, shall carry one life-preserver, of the sort prescribed by the regulations of the board of supervising inspectors, for every passenger carried, and no such boat while so carry- ing passengers shall be operated or navigated except in charge of a person duly licensed for such service by the local board of inspectors. No examination shall be re- quired as a condition of the obtaining of such a license, and any such license shall be revoked or suspended by the local board of inspectors for misconduct, gross neg- ligence, recklessness in navigation, intemperance, or vio- lation of law on the part of the holder, and if revoked, the person holding such license shall be incapable of obtaining another such license for one year from the date of revocation. [See motor boat act, p. 351.] Irondequoit Bay, New York, shall, for the purpose of June 25, 1890. applying the provisions of title fifty-two of the Revised Statutes [R. S., 4399^500], relating to steam-vessels navigating thereon, be declared a navigable water of the United States; and steam- vessels navigated thereon, and carrying passengers, shall be inspected under the pro- visions of section forty-four hundred and twenty-six of the title [R. S., 4399-4500] referred to, and subject to the penalties provided therein for a failure to comply therewith. The hull and boiler of every tug-boat, towing-boat, and u. s., 4427. freight-boat shall be inspected, under the provisions of 118 NAVIGATION LAWS OF THE UNITED STATES. this Title [R. S., 4399-4500] ; and the inspectors shall see that the boilers, machinery, and appurtenances of such vessel are not dangerous in form or workmanship, and that the safety-valves, gauge-cocks, low-water alarm-indi- cators, steam-gauges, and fusible plugs are all attached in conformity to law ; and the officers navigating such ves- sels shall be licensed in conformity with the provisions of this Title, and shall be subject to the same provisions of law as officers navigating passenger-steamers. v u ' 4 i'W Whenever any board of local inspectors refuses to grant a license to any person applying for the same, or suspends or revokes the license of any master, mate, engineer, or pilot, any person deeming himself wronged by such re- fusal, suspension, or revocation, may, within thirty days thereof, on application to the supervising inspector of the di-trict. have his case examined anew by such supervising inspector; and the local board shall furnish to the super- vising inspector, in writing, the reasons for its doings in the premises; and such supervising inspector shall examine the case anew, and he shall have the same powers to summon witnesses and compel their attendance and to administer oaths that are conferred on local inspectors ; and such witnesses and the marshal shall be paid in the same manner as provided for by the preceding section; and such supervising inspector may revoke, change, or modify the decision of such local board; and like pro- ceedings may be had by any master or owner of any steam vessel in relation to the inspection of such vessel, or her boilers or machinery, by any such local board ; and in case of repairs, and in any investigation or inspection, where there shall be a disagreement between the local inspectors, the supervising inspector, when so requested, shall inves- tigate and decide the case. In cases of trials for the rev- ocation or suspension of an officer's license, where either the license has been revoked or suspension for more than six months has been made, and such action has boon affirmed by the supervising inspector, the officer whoso license is in question may have the case examined anew by the Supervising Inspector-General, who shall have the same powers to summon witnesses, to compel their attend- ance, and to administer oaths as are conferred on local inspectors, and the Supervising [nspector-General may revoke, change, or modify said decisions. Application for such recrimination of the case shall lo made to the Snprr\ isinir Inspector-( ienoral within thirty day- after final decision l>y the supervising inspector. n. R.. In addition io the annual inspection, the local inspec- Mar.^... r.os. ^^ s j ia jj <. x . nn j n( .. ;1 ( proper times, steamers arriving and departing to and from their respective ports, so often as to enable them to detect any neglect to comply with the requirements of law, and also any defects or imperfec- tions becoming apparent after the inspection aforesaid, and tending to render the navigation of the vessels un- PART VIII. INSPECTION OP STEAM VESSELS. 119 safe; mid if they shall discover any omission to comply with the law, or that repairs have become necessary to make the vessel safe, the inspectors shall at once notify the master, in writing, stating in the notice what is re- quired ; and if the master deems the requirements unrea- sonable or unnecessary, he may apply for a reexaminatioii of the case to the supervising inspector, as provided in the preceding section. All inspections and orders for re- pairs shall be promptly made by the inspectors, and, when it can he safely done in their judgment, they shall per- mit repairs to be made where those interested can most conveniently do them. And whenever any local inspector or supervising inspector ascertains to his satisfaction that any vessel, subject to the provisions of this title, has been or is being navigated or operated without complying with the terms of the vessel's certificate of inspection regarding the number and class of licensed officers and crew, or without complying with the provisions of law and her said certificate as to the number or kind of life- saving or fire-fighting apparatus, or without maintaining in good and efficient condition her lifeboats, fire pumps, fire hose,* and life-preservers, or that for any other reason said vessel can not be operated with safety to life, the said local or supervising inspector shall order the owner or master of said vessel to correct such unlawful condi- tions, and may require that the vessel at once cease navi- gating and be submitted to reinspection ; and in case the said orders of such inspector shall not at once be com- plied with, the said inspector shall revoke the said ves- sel's certificate of inspection and shall immediately give to the owner, master, or agent of said vessel notice, in writing, of such revocation; and no new certificate of inspection shall be again issued to her until the provisions of this title [R. S., 4399-4500] have been complied with. Any vessel subject to the provisions of this title [R. S., 4399-4500] operating or navigating or attempting to operate or navigate after the revocation of her certificate of inspection and before the issuance of a new certificate, shall, upon application by the inspector to any district court of the United States having jurisdiction, and by proper order or action of said court in the premises, "be seized summarily by way of libel and held without priv- ilege of release by bail or bond until a proper certificate of inspection shall have been issued to said vessel: Pro- vided, That the master or owner of any vessel whose certificate shall have been so revoked may within thirty days after receiving notice of such revocation appeal to the Secretary of Commerce for a reexamination of the case, and upon such appeal the said Secretary shall have power to revise, modify, or set aside such action of the local or supervising inspector and direct the issuance to such vessel of her original certificate or of a new certificate of inspection ; and in case the said Secre- 120 NAVIGATION LAWS OF THE UNITED STATES. tary shall so direct the issuance of a certificate, all judicial process against said vessel based on this section shall thereupon be of no further force or effect, and the vessel shall thereupon be released. R. s., 4454. If any master or owner of any steamer shall refuse or neglect to comply with the requirements of the local in- spectors, made in pursuance of the preceding section, and shall, contrary thereto and while the same remains unre- versed by the supervising inspector, employ the vessel by navigating her, the master and owner shall be liable to a penalty of five hundred dollars for each offense, one-half for the use of the informer ; for which sum the vessel itself shall be liable, and may be seized and proceeded against by libel in any district court having jurisdiction; and the master and owner, and the vessel itself, shall, in addition thereto, be liable for any damage to passengers and their baggage which shall occur from any defects as stated in the notice prescribed in the preceding section. No kind of instrument, machine, or equipment, for the better security of life, provided for by this Title [R. S., 4399-4500] shall be used on any steam-vessel which shall sec'iV' 19 3 ' no * ^ 1S ^ ke a PP rove d by the board of supervising in- spectors, and also by the Secretary of Commerce. 135. Inspection of registered foreign-built vessels. s! : . ir 'i4' 1S 7 ' The Secretary of Commerce be, and he is hereby, au- r.-h i4, loo:?, thorized to direct the inspection of any foreign vessel, admitted to American registry, its steam boilers, steam pipes, and appurtenances, and to direct the issue of the usual certificate of inspection, whether said boilers, steam pipes, and appurtenances are or are not constructed pur- suant to the laws of the United States, or whether they are or are not constructed of iron stamped pursuant to said laws. The tests in the inspection of such boilers, steam pipes, ami appurtenances shall be the same in all respects as to strength and safety as are required in the inspection of boilers constructed in the United States for marine purposes. sec g< 2 18 ' 1914 The 1>residen t of the United States is hereby author- ized, whenever in his discretion the needs of foreign com- merce may require, to suspend by order, so far and for such length of time as he may deem desirable, the provi- sions of law prescribing that nil the watch officers of VGB- sels of the United States registered for foreign trade shall be citi/ens of the United States. I'nder like conditions, in like manner, and to like extent the President of the Tinted States is also hereby author- ized to suspend the provisions of the law requiring sur- . in>pection. and measurement by oHicers of the Tnited States of forciirn-lmilt vessels admitted to American reg- i.-trv under this Act. (See Kxecutive order of Sept. -1. 1914, p. :JJ PART VIII. INSPECTION OF STEAM VHSSELS. 121 136. Manning of inspected vessels. Any vessel of the United States subject to the prpvi- "*; 1 1 ," ','';;; IS sions of this title or to the inspection laws of the United Mar. 5', lois! States shall not be navigated unless she shall have in her Star. 4, 1015. service and on board such complement of licensed officers Sec - 14 - and crew, including certificated lifeboatmen, separately stated, as may, in (he judgment of the local inspectors who inspect the vessel, be necessary for her safe naviga- tion. The local inspectors shall make in the certificate of inspection of the vessel an entry of such complement of officers and crew, including certificated lifeboatmen, sepa- rately stated, which may be changed from time to time by indorsement on such certificate by local inspectors by reason of change of conditions or employment. Such entry or indorsement shall be subject to a right of ap- peal, under regulations to be made by the Secretary of Commerce, to the supervising inspector and from him to the Supervising Inspector General, who shall have the power to revise, set aside, or affirm the said determination of the local inspectors. If any such vessel is deprived of the services of any number of the crew, including certificated lifeboatmen, separately stated, without the consent, fault, or collusion of the master, owner, or any person interested in the ves- sel, the vessel may proceed on her voyage if, in the judg- ment of the master, she is sufficiently manned for such voyage : Provided, That the master shall ship, if obtain- able, a number pqual to the number of those whose serv- ices he has been deprived of by desertion or casualty, who must be of the same grade or of a higher rating with those whose places they fill. If the master shall fail to explain in writing the cause of such deficiency in the crew, including certificated lifeboatmen, separately stated, to the local inspectors within twelve hours of the time of the arrival of the vessel at her destination, he shall be liable to a penalty of fifty dollars. If the vessel shall not be manned as provided in this Act, the owner shall be liable to a penalty of one hundred dollars, or, in case of an insufficient number of licensed officers, to a penalty of five hundred dollars. The board of local inspectors shall make an entry in the M e * r 2 3 1913 - certificate of inspection of every ocean and coastwise sea- going merchant vessel of the United States propelled by machinery, and every ocean-going vessel carrying passen- gers, the minimum number of licensed deck officers re- quired for her safe navigation according to the following scale : That no such vessel shall be navigated unless she shall have on board and in her service one duly licensed master. That every such vessel of one thousand gross tons and over, propelled by machinery, shall have in her service and on board three licensed mates, who shall stand in three watches while such vessel is being navigated, un- 122 NAVIGATION LAWS OF THE UNITED STATES. less such vessel is engaged in a run of less than four hun- dred miles from the port of departure to the port of final destination, then such vessel shall have two licensed mates; and every vessel of two hundred gross tons and less than one thousand gross tons, propelled by ma- chinery, shall have two licensed mates. That every such vessel of one hundred gross tons and under two hundred gross tons, propelled by machinery, shall have on board and in her service one licensed mate; but if such vessel is engaged in a trade in which the time required to make the passage from the port of departure to the port of destination exceeds twenty-four hours, then such vessel shall have two licensed mates. That nothing in this section shall be so construed as to prevent local inspectors from increasing the number of licensed officers on any vessel subject to the inspection lisws of the United States if, in their judgment, such ves- sel is not sufficiently manned for her safe navigation: Provided, That this section shall not apply to fishing or whaling vessels, yachts, or motor boats as defined in the Act of June ninth, nineteen hundred and ten. It shall be unlawful for the master, owner, agent, or Sec - 3 - other person having authority, to permit an officer of any vessel to take charge of the deck watch of the vessel upon leaving or immediately after leaving port, unless such offi- cer shall have had atf least six hours off duty within the twelve hours immediately preceding the time of sailing, and no licensed officer on any ocean or coastwise vessel si mil be required to do duty to exceed nine hours of any twenty-four while in port, including the date of arrival, or more than twelve hours of any twenty-four at sea, except in a case of emergency when life or property is endangered. Any violation of this section shall subject the person or persons guilty thereof to a penalty of one hundred dollars. 137. Inspection of hulls ana equipment. [See Seaworthiness, par. 121, p. 100."] 138. Inspection of boilers. The local inspectors shall also inspect the boilers and K. s.. 441* , , l i ! f Mill'. ."., 'H their appurtenances m all steam vessels before the same shall lie used, and once at least in every year thereafter, and shall subject all boilers to the hydrostatic pressure. All such vessels shall comply with the following require- ments, namely: That the boilers are well made, of good and suitable material; that the openings for the passaire of water and steam, respectively, and all pipes and tubes exposed to heat, are of proper dimensions and free from obstructions: that the spaces between and around the Hues are sufficient: that flues, boilers, furnaces, -afety valves, fusible pi HITS, low-water indicators, feed-water apparatus, gauge cocks, steam gauges, water and steam pipes con nectinir boilers, means of prevention of sparks and flames from (ire doors, low-water gauges, means of removing mud and sediment from boilers, and all other such ma- I'AKT VIII.- IXSIM.CTION OF STEAM VKSSKI.S. 123 chinery and appurtenances thereof, are of such construe tion. shape, condition, arrangement, and material that the same may lie safely employed in the service proposed without peril to life; and the local inspectors shall satisfy themsehes l>y thorough examination that said require- ments of law and regulations in regard thereto have been fully complied with. All boilers used on steam vessels and constriK'ted of iron or steel plates, inspected under the provisions of section forty-four hundred and thirty, shall be subjected to a hydrostatic test, in the ratio of one hundred and fifty pounds to the square inch to one hun- dred pounds to the square inch of the working steam power allowed. No boiler or Hue pipe, nor any of the connections therewith, shall be approved, which is made, in whole or in part, of bad material, or is unsafe in its form, or dangerous from defective workmanship, age, use, or other cause. In applying the directions of the preceding section K. s.,4420. [4418] to steamboats used exclusively for towing and car- rying freight on the Mississippi River and its tributaries, the local inspectors shall substitute, for such boats, one hundred and fifty pounds of steam pressure in place of one hundred and ten pounds for the standard pressure upon standard boilers of forty-two inches diameter, and of plates of one-quarter of an inch in thickness; and such boats may, on the written permit of the supervising in- spector of the district in which such boats shall carry on their business, be permitted to carry steam above the standard pressure of one hundred and ten pounds, but not exceeding the standard pressure of one hundred and fifty pounds, to the square inch. One of the safety-valves may, if in the opinion of the R - s " 4419 - local inspectors it is necessary to do so, and the steam- registers shall, be taken wholly from the control of all persons engaged in navigating such vessels and secured by the inspectors. Every boiler manufactured to be used on steam-vessels, u s " 4428 * and made of iron or steel plates shall be constructed of plates that have been stamped in accordance with the provisions of this Title [R, S., 4390-4500]. Every person who constructs a boiler, or steam-pipe K s 442 *- connecting the boilers, to be used on steam- vessels, of iron or steel plates which have not been duly stamped and in- spected according to the provisions of this Title [R. S., 4399^4500] , or who knowingly uses any defective, bad, or faulty iron or steel in the construction of such boilers; or who drifts any rivet-hole to make it come fair; or who delivers any such boiler for use, knowing it to be imper- fect in its flues, flanging, riveting, bracing, or in any other of its parts, shall be fined one thousand dollars, one-half for the use of the informer. Nothing in this Title shall be so construed as to prevent from being used, on any steamer, any boiler or steam-generator which may not be constructed of riveted iron or steel plates, when the board of supervising inspectors have satisfactory evidence that 124 NAVIGATION LAWS OF THE UNITED STATES. Aug. 7, Feb. 14, Sec. 10. R. S., 4430. Jan. 22, 1894. Feb. 14, 1903. Sec. 10. such boiler or steam-generator is equal in strength, and as safe from explosion, as a boiler of the best quality con- structed of riveted iron or steel plates : Provided, how- ever, That the Secretary of Commerce may grant permis- sion to use any boiler or steam-generator not constructed of riveted iron or steel plates upon the certificate of the supervising inspector of steamboats for the district wherein such boiler or generator is to be used, and other satisfactory proof that the use of the same is safe and efficient; said permit to be valid until the next regular meeting of the supervising inspectors who shall act thereon. Every iron or steel plate used in the construction of steamboat-boilers, and which shall be subject to a tensile strain, shall be inspected in such manner as shall be pre- sec.' lo 4 .' 1J 3 ' scribed by the board of supervising inspectors and ap- proved by the Secretary of Commerce, so as to enable the inspectors to ascertain its tensile strength, homoge- neousness, toughness, and ability to withstand the effect of repeated heating and cooling; and no iron or steel plate shall be used in the construction of such boilers which has not been inspected and approved under those rules. And the Supervising Inspector-General may, under the direction of the Secretary of Commerce, detail assistant in- spectors from any local inspection district where assistant inspectors are employed, to inspect iron or steel boiler plates at the mills where the same are manufactured ; and if the plates are found in accordance with the rules of the supervising inspectors, the assistant inspector shall stamp the same with the initials of his name, followed by the letters and words "U. S. Assistant Inspector;" and material so stamped* shall be accepted by the local inspectors in the districts where such material is to be manufactured into marine boilers as being in full com- pliance with the requirements of this section regarding the inspection of boiler plates; it being further provided that any person who affixes any false, forged, fraudulent. spurious, or counterfeit of the stamp herein authori/ed to be put on by an assistant inspector, shall be deemed guilty of a felony, and shall be fined not less than one thousand dollars, nor more than five thousand dollars, and imprisoned not less than two years nor more than five years. Every plate of boiler-iron or steel, made for use in the construction of steamboat-boilers, shall be distinctly and permanently stamped by the manufacturer thereof, and. if practicable, in such places that the marks shall be left- visible when such plates arc worked into boilers, with the name of the manufacturer, the place where manufactured, and the number of pounds tensile strain it will bear to the sectional square inch: and the inspectors shall keep a rec- ord in their office of the stamps upon all boiler-plates and boilers which they inspect. Every person who counterfeits, or causes to be counter- feited, any of the marks or stamps prescribed for boiler R. S., 4431. R. S.. 4432. PART VIII. INSPECTION OK STl.AM VESSELS. 125 iron or steel plates, or who designedly stamps, or causes to be Stamped falsely, any such plates; and every person who stamps or marks, or causes to be stamped or marked, any such iron or steel plates with the name or trade-mark of another, with the intent to mislead or deceive, shall be fined two thousand dollars, one-half to the use of the in- former, and may, in addition thereto, at the discretion of the court, be imprisoned not exceeding two years. The working steam-pressure allowable on boilers con- R. s., 4433. structed of plates inspected as required by this Title [K. S., 4399-4500], when single-riveted, shall not produce a strain to exceed one-sixth of the tensile strength of the iron or steel plates of which such boilers are constructed ; but where the longitudinal laps of the cylindrical parts of such boilers are double-riveted, and the rivet-holes for such boilers have been fairly drilled instead of punched, an addition of twenty per centum to the working pres- sure provided for single-riveting may be allowed: Pro- vided, That all other parts of such boilers shall corre- spond in strength to the additional allowances so made; and no split-calking shall in any case be permitted. No externally fired boiler having its shell constructed ^a?'.' 2, 4 i909. of iron or steel plates, exceeding an average thickness of thirty-eight one-hundredths of an inch, shall be employed on any steam vessel navigating the Red River of the North or rivers flowing into the Gulf of Mexico or their tributaries; and no externally fired boiler employed on any such steam vessel shall have less than three inches space between its shell and any of its internal flues, and not less than three inches space between such flues when any such flues are more than five inches in diameter, the measurements to be taken from the center of the length of the tapered section of said flues ; and every such exter- nally fired boiler employed on any such steam vessel shall be provided with a manhole in the lower part of the front head thereof, of such dimensions as may be prescribed by the Board of Supervising Inspectors, in all cases where the distance between its internal flues is less than three inches. Externally fired boilers having shells constructed of iron or steel plates not exceeding an average thickness of fifty one-hundredths of an inch may, in the discretion of the Supervising Inspector-General, be authorized and employed on steam vessels navigating the Atlantic and Pacific oceans, or salt-water bays, or sounds, or the Great Lakes, or any of them, and waters flowing to and from the same, or any of them : Provided, That on inspection, no plate that is by this Act limited to a thickness of thirty-eight one-hundredths of an inch and no plate that is by this Act limited to a thickness of fifty one-hun- dredths of an inch shall be rejected for use if found to exceed those dimensions, respectively, if the approved average thickness thereof does not exceed the limits therein specified, and the amount of steam pressure that will be permitted to be carried in boilers constructed in accordance with the requirements of this Act shall be 126 NAVIGATION LAWS OF THE UNITED STATES. determined from measurements showing the least thick- ness of the plates. sec. 2. All externally fired boilers, constructed of iron or steel, prior to the passage of this Act, and now in use on any such vessels, wherein the space between the shell and any of its internal flues or between such flues is less than three inches, they shall be deemed lawfully constructed. 139. Loading- safety valve. R. s.,4437. Every person who intentionally loads or obstructs, or causes to be loaded or obstructed, in any way or manner, the safety-valve of a boiler, or who employs any other means or device whereby the boiler may be subjected to a greater pressure than the amount allowed by the certifi- cate of the inspectors, or who intentionally deranges or hinders the operation of any machinery or device em- ployed to denote the state of the water or stream in any boiler, or to give warning of approaching danger, or who intentionally permits the water to fall below the pre- scribed low- water line of the boiler, and every person con- cerned therein, directly or indirectly, shall be guilty of a misdemeanor, and shall be fined two hundred dollars, and may also be imprisoned not exceeding five years. 140. Water- tight bulkheads. R. s., 4490. Every sea-going steamer, and every steamer navigating the great northern or northwestern lakes, carrying pas- sengers, 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 water-tight cross-bulk-heads, such bulk-heads to reach to the main- deck in single-decked vessels, otherwise to the deck next below the main-deck; to be made of iron plates, 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. July 9, 1886. Steam- vessels of one hundred tons burden or under, en- gaged in the coastwise bays and harbors of the I'nited States, may be licensed by the United States local inspect- ors of steam- vessels to carry passengers or excursions on the ocean or upon the Great Lakes of the North or North- west, not exceeding fifteen miles from the mouth of such bays or harbors, without being re<|iiiretc;mi- vessel navigating rivers only, except ferry- boats, freight-boats, canal-boats, and to\\ ing-boats, of less PART VIII. INSPECTION OF STEAM VESSELS. 127 than fifty tons, shall have at least one good substan- tial boat with linos attached, and properly supplied with oars, and kept in good condition at all times, and ready for immediate use: and in addition thereto, every such vessel carrying passengers shall have one or more metallic life-boats, fireproof, and in all respects good and substantial boats, of such dimensions and arrangements as the board of supervising inspectors by their regulations shall prescribe, which boats shall be carried in the most convenient manner to be brought into immediate use in case of accident. But where the character of the naviga- tion is such that, in the opinion of the supervising in- spector, the metallic life-boats can be dispensed with, he may exempt any such vessel from carrying the same; or may require a substitute therefor, at his discretion. Every such steam- vessel carrying passengers shall also , R - s " 4482 - be provided with a good life-preserver, made of suitable material, for every cabin passenger for which she will have accommodation, and also a good life-preserver or float for each deck or other class passenger which the inspector's certificate shall allow her to carry, including the officers and crew ; which life-preservers or floats shall be kept in convenient and accessible places on such vessel in readiness for immediate use in case of accident. Every steamer navigating the ocean, or any lake, bay, Ma or sound of the United States, shall be provided with sec's. such numbers of lifeboats, floats, rafts, life-preservers, line-carrying projectiles, and the means of propelling them, and drags, as will best secure the safety of all per- sons on board such vessel in case of disaster; and every seagoing vessel carrying passengers, and every such ves- sel navigating any of the northern or northwestern lakes, shall have the lifeboats 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, dis- engaging 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 deter- mine, by their rules and regulations the character of life- boats, floats, rafts, life-preservers, line-carrying projec- tiles, and the means of propelling them, and drags that shall be used on such vessels, and also the character 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 naviga- tion in which the steamer is employed. Every vessel subject to the provisions of this title [R. S., 4399-4500] shall, while in operation, carry one life-preserver for each and every person allowed to be carried on said vessel by the certificate of inspection, including each member of the crew : Provided, however, That upon such vessels and under such conditions as are specified in section forty- four hundred and eighty-two floats may be substituted for life-preservers. Any person who willfully and know- Q9AT?; 1 K 128 NAVIGATION LAWS OF THE UNITED STATES. ingly manufactures or sells, or offers for sale, or has in his possession with intent to sell, life-preservers contain- ing metal or other nonbuoyant material, for the purpose of increasing the weight thereof, or more metal or other such material than is reasonably necessary for the con- struction thereof, or who shall so manufacture, sell, offer for sale, or possess with intent to sell any other articles commonly used for preservation of life or the prevention of fire on board vessels subject to the provisions of this title, which articles shall be so defective as to be inefficient to accomplish the purposes for which they are respec- tively intended and designed, shall upon conviction, be fined not more than two thousand dollars, and may, in addition thereto, in the discretion of the court, be impris- oned not exceeding five years. lecf'it' 1915 ' ^ ne P owers bestowed by this section upon the Board of (Effective on Supervising Inspectors in respect of lifeboats, floats, 4 eri Snn V ing rafts, life preservers, and other life-saving appliances and on ^ore'ign 9 ves- e( l u ^P men ^ anc ^ ^ ne f lll 'ther requirements herein as to seis Mar. 4, davits, embarkation of passengers in lifeboats and rafts, nmi'tationV^of and the manning of lifeboats and rafts, and the musters era? e opini e on anc ^ drills of the crews, on steamers navigating the ocean, of August, or any lake, bay, or sound of the United States, on and 15>) after July first, nineteen hundred and fifteen, shall be subject to the provisions, limitations, and minimum re- quirements of the regulations herein set forth, and all such vessels shall thereafter be required to comply in all respects therewith : Provided, That foreign vessels leav- ing ports of the United States shall comply with the rules herein prescribed as to life-saving appliances, their equip- ment, and the manning of same. REGULATIONS. LIFE-SAVIN<; APPLIANCE. STANDARD TYPES OF BOATS. The standard types of boats classified an follows: Class. ( Knt i rely rigid side>) II ( Partially collapsible sides), Section. T V P C - A. Open. Internal buoy- ancy only. B. Open. Internal and ex- ternal luiovanev. C. Pontoon. Well deck; fixed water-tight hul- warks. A. < )pen. t'pper part of sides collapsible. IS. Pontoon. Well deck. collapsible water- tirht bulwarks. C. Pontoon. Flush deck; collapsible water- tight bulwarks. PART VIII. INSPECTION OF STEAM VESSELS. 129 STRENGTH OF BOATS. Each boat must be of sufficient strength to enable it to he safely lowered into the water when loaded with its full complement of persons and equipment. ALTER N ATI VK TYI'KS OF BOATS AND RAFTS. Any type of boat may be accepted as equivalent to a boat of one of the prescribed classes and any type of raft as equivalent to an approved pontoon raft, if the Board of Supervising Inspectors, with the approval'of the Sec- retary of Commerce, is satisfied by suitable trials that it is as effective as the standard types of the class in ques- tion, or as the approved type of pontoon raft, as the case may be. Motor boats may be accepted if they comply with the requirements laid down for boats of the first class, but only to a limited number, which number shall be deter- mined by the Board of Supervising Inspectors, with the approval of the Secretary of Commerce. No boat may be approved the buoyancy of which de- pends upon the previous adjustment of one of the prin- cipal parts of the hull or which has not a cubic capacity of at least one hundred and twenty-five cubic feet. BOATS OF THE FIRST CLASS. The standard types of boats of the first class must sat- isfy the following conditions : 1A. OPEN BOATS WITH INTERNAL BUOYANCY ONLY. The buoyancy of a wooden boat of this type shall be provided by water-tight air cases, the total volume of which shall be at least equal to one-tenth of the cubic capacity of the boat. The buoyancy of a metal boat of this type shall not be less than that required above for a wooden boat of the same cubic capacity, the volume of water-tight air cases being increased accordingly. IB. OPEN BOATS WITH INTERNAL AND EXTERNAL BUOYANCY. The internal buoyancy of a wooden boat of this type shall be provided by water-tight air cases, the total vol- ume of which is at least equal to seven and one-half per centum of the cubic capacity of the boat. The external buoyancy may be of cork or of any other equally efficient material, but such buoyancy shall not be secured by the use of rushes, cork shavings, loose granu- lated cork, or any other loose granulated substance, or by any means dependent upon inflation by air. 130 NAVIGATION LAWS OF THE UNITED STATES. If the buoyancy is of cork, its volume, for a wooden boat, shall not be less than thirty-three thousandths of the cubic capacity of the boat; if of any material other than cork, its volume and distribution shall be such that the buoyancy and stability of the boat are not less than that of a similar boat provided with buoyancy of cork. The buoyancy of a metal boat shall be not less than that required above for a wooden boat of the same cubic capacity, the volume of the air cases and external buoy- ancy being increased accordingly. 1C. PONTOON BOATS, IN WHICH PERSONS CAN NOT BE AC- COMMODATED BELOW THE DECK. IIAYINd A WKLL DECK AND FIXED WATER-TIGHT BULWARKS. The area of the well deck of a boat of this type shall be at least thirty per centum of the total deck area. The height of the well deck above the water line at all points shall be at least equal to one-half per centum of the length of the boat, this height being increased to one and one- half per centum of the length of the boat at the ends of the well. The freeboard of a boat of this type shall be such as to provide for a reserve buoyancy of at least thirty-five per centum. BOATS OF THE SECOND CLASS. The standard types of boats of the second class must satisfy the following conditions: 2 A. OPEN BOATS HAVING THE UPPER PART OF THE SIDES COLLAPSIBLE. A boat of this type shall be fitted both with water-tight air cases and \vith external buoyancy, the volume of which, for each person which the boat is able to accom- modate, shall be at least equal to the following amounts: Air cases, one and live-tenths cubic feet: external buoy- ancy (if of cork), two-tenths cubic foot. The minimum freeboard of boats of this type is fixed in relation to their length; it is measured vertically to the top of the solid hull at the side amidships, from the water level when the boat is loaded. The freeboard in fresh water shall not be less than the following amounts: I.eM'jill of Minimum DlC IxKlt. freeboard. Inches. 26 8 9 10 The freeboard of boats of intermediate lengths is to be found by interpolation. 1'AUT VTII. INSPECTION OF STF.AM VESSELS. 131 2B. PONTOON BOATS MAVIMJ A WKI.L DECK AM> r.i.i: MI LWAIJKS. All the mndit ions laid down for hunts of type 1C arc to be applied to boats of this type, which diller from those of type 1C only in regard to the bulwarks. 2C. PONTOON BOATS, IN WHICH TIII-: I-I.KSONS < AX NOT BE ACCOM MoDATKl) I '.1. LOW DECK, II AVI \G A FLUSH ]>Ke of such size, strength, and weight that it can be handled without mechanical appliances, and, if necessary. l>e thrown from the vessel's deck. Third. It should have not less than three cubic feet of air cases or equivalent buoyancy for each person whom it can accommodate. Fourth. It should have a deck' area of not less than four square feet for each person whom it can accommo- date and the platform should not be less than six inches above the water level when the raft is loaded. Fifth. The air case- or equivalent buoyancy should be placed as near as possible to the sides of the* raft. PART VIII. INSPECTION OF STEAM VESSELS. 133 CAPACITY OF BOATS AM) PONTOON RAFTS. First. The number of persons which a boat of one of the standard types or a pontoon raft can accommodate is equal to the greatest whole number obtained by dividing the capacity in cubic feet, or the surface in square feel-, of the boat or of the raft by the standard unit of capacity, or unit of surface (according to circumstances), defined below for each type. Second. The cubic capacity in feet of a boat in which the number of persons is determined by the surface shall be assumed to be ten times the number of persons which it is authorized to carry. Third. The standard units of capacity and surface are as follows: Units of capacity, open boats, type 1A, ten cubic feet; open boats, type IB, nine cubic feet. Unit of surface, open boats, type 2A, three and one- half square feet; pontoon boats, type 2 ^> three and one- half square feet; pontoon boats, type 1C, three and one- fourth square feet; pontoon boats, type 2B, three and one- fourth square feet. Fourth. The board of supervising inspectors, with the approval of the Secretary of Commerce, may accept, in place of three and one-fourth, a smaller divisor, if it is satisfied after trial that the number of persons for whom there is seating accommodation in the pontoon boat in question is greater than the number obtained by applying the above divisor, provided always that the divisor adopted in place of three and one-fourth may never be less than three. CAPACITY LIMITS. Pontoon boats and pontoon rafts shall never be marked with a number of persons greater than that obtained in the manner specified in this section. This number shall be reduced- First. When it is greater than the number of persons for which there is proper seating accommodation, the latter number being determined in such a way that the persons when seated do not interfere in any way with the use of the oars. Second. When in the case of boats other than those of the first two sections of the first class, the freeboard, when the boat is fully loaded, is less than the freeboard laid down for each type respectively. In such circum- stances the number shall be reduced until the freeboard, when the boat is fully loaded, is at least equal to the standard freeboard laid down above. In boats of types 1C and 2B the raised part of the deck at the sides may be regarded as affording seating accom- modation. 134 NAVIGATION LAWS OP THE UNITED STATES. EQUIVALENTS FOR AND WEIGHT OF THE PERSONA. In test for determining the number of persons which a boat or pontoon raft can accommodate each person shall he assumed to be an adult person wearing a life jacket. In verifications of freeboard the pontoon boats shall be loaded with a weight of at least one hundred and sixty-five pounds for each adult person that the pontoon boat is authorized to carry. In all cases two children under twelve years of age shall be reckoned as one person. < IHIC CAPACITY OF OPEN BOATS OF THE FIRST CLASS. First. The cubic capacity of an open boat of type 1A or IB shall be determined by Stirling's (Simpson's) rule or by any other method, approved by the Board of Super- vising Inspectors, giving the same degree of accuracy. The capacity of a square-sterned boat shall be calculated as if the boat had a pointed stern. Second. For example, the capacity in cubic feet of a boat, calculated by the aid of Stirling's rule, may be con- sidered as given by the following formula : Capacity =^(4A + 2B + 4C), \2i 1 being the length of the boat in meters (or feet) from the inside of the planking or plating at the stem to the corresponding point at the stern post; in the case of a boat with a square stern, the length is measured to the inside of the transom. A, B, C denote, respectively, the areas of the cross sec- tions at the quarter length forward, amidships, and the quarter length aft, which correspond to the three points obtained by dividing 1 into four equal parts. (The areas corresponding to the two ends of the boat are considered negligible.) The areas A, B, C shall be deemed to be given in square feet by the successive application of the following for- mula to each of the three cross sections: Area= j^(a + 4b + 2c + 4d-fe), h being the depth measured in meters (or in feet) inside the planking or plating from the keel to the level of the gunwale, or, in certain cases, t<> a lower level, as deter- mined hereafter. a. b, c, d, e denote the horizontal breadths of the boat measured in feet at the upper and lower points of the depth and at the three points obtained by dividing h into four equal parts (a and e being the breadths at the ex- treme points, and c at the middle point, of h). Third. If the sheer of the gunwale, measured at the two points situated at a quarter of the length of the boat from the ends, exceeds one per centum of the length of the boat, the depth employed in calculating the area of PABT VIII. IXSI'KCTION OF STKA.M YKSSELS. 135 the cross sections A or C shall be deemed to be (he depth amidships plus one per centum of the length of the boat. Fourth. If the depth of the boat amidships exceeds forty-five per centum of the breadth, the depth employed in calculating the area of tin 1 midship cross section B shall be deemed to be equal to forty-live per centum of the breadth : and the depth employed in calculating the areas of the quarter-length sections A and C is obtained by increasing this last figure by an amount equal to one per centum of the length of the boat, provided that in no case, shall the depths employed in the calculation exceed the actual depths at these points. Fifth. If the depth of the boat is greater than four feet, the number of persons given by the application of this rule shall be reduced in proportion to the ratio of four feet to the actual depth, until the boat has been satisfactorily tested afloat with that number of persons on board all wearing life jackets. Sixth. The Board or Supervising Inspectors shall im- pose, by suitable formula*, a limit for the number of per- sons allowed in boats with very fine ends and in boats very full in form. Seventh. The Board of Supervising Inspectors may by regulation assign to a boat a capacity equal to the product of the length, the breadth, and the depth multiplied by six-tenths if it is evident that this formula does not give a greater capacity than that obtained by the above method. The dimensions shall then be measured in the following manner: Length. From the intersection of the outside of the planking with the stem to the corresponding point at the sternpost or, in the case of a square-sterned boat, to the afterside of the transom. Breadth. From the outside of the planking at the point where the breadth of the boat is greatest. Depth. Amidships inside the planking from the keel to the level of the gunwale, but the depth used in calcu- lating the cubic capacity may not in any case exceed forty-five per centum of the breadth. In all cases the vessel owner has the right to require that the cubic capacity of the boat shall be determined by exact measurement. Eighth. The cubic capacity of a motor boat is obtained from the gross capacity by deducting a volume equal to that occupied by the motor and its accessories. DECK AREA OF PONTOON BOATS AND OPEN BOATS OF THE SECOND CLASS. First. The area of the deck of a pontoon boat of type 1C, 2B, or 2C shall be determined by the method indi- cated below or by any other method giving the same de- gree of accuracy. The same rule is to be applied in determining the area within the fixed bulwarks of a boat of type 2A. 136 NAVIGATION LAWS OF THE UNITED STATES. Second. For example, the surface in square feet of a boat may be deemed to be given by the following formula : 1 being the length in feet from the intersection of the out- side of the planking with the stem to the corresponding point at the sternpost. a. b, c, d, e denote the horizontal breadths in feet out- side the planking at the points obtained by dividing 1 into four equal parts and subdividing the foremost and aftermost parts into two equal parts (a and e being the breadths at the extreme subdivisions, c at the middle point of the length, and b and d at the intermediate points) . MARKING OF BOATS AND PONTOON RAFTS. The dimensions of the boat and the number of persons which it is authorized to carry shall be marked on it in clear, permanent characters, according to regulations by the Board of Supervising Inspectors, approved by the Secretary of Commerce. These marks shall be specific- ally approved by the officers appointed to inspect the ship. Pontoon rafts shall be marked with the number of per- sons in the same manner. EQUIPMENT OF BOATS AND PONTOON RAFTS. First. The normal equipment of every boat shall con- sist of (a) A single banked complement of oars and two spare oars; one set and a half of thole pins or crutches; a boat hook. (b) Two plugs for each plug hole (plugs are not re- quired when proper automatic valves are fitted) ; a bailer and a galvani/ed-iron bucket. (c) A tiller or yoke and yoke lines. (d) Two hatchets. (e) A lamp filled with oil and trimmed. (f) A mast or masts with one good sail at least, and proper gear for each. (This does not apply to motor lifeboatfi <>r lifeboats on the (Jreat Lakes or other inland water-. ) \ -uitablr coin] Pontoon lifeboats will have no plug hole, but shall be provided with at lea-t two bilge pinups. In the CftSe of a -learner which earries passengers in the North Atlantic, all the boats need not be equipped with masts, sails, and compasses, if the ship is provided with * radiotelegraph installation. PART VIII. INSPECTION OF SIT. AM VKSSKI.S. 137 Second. The normal equipment of every approved pon- toon raft shall consist of (a) Four oars. (l>) Five rowlocks. (c) A self- igniting life-buoy light. Third. In addition, every boat and every pontoon raft shall be equipped with (a) A life' line becketed around the outside. (b) A sea anchor. (c) A painter. (d) A vessel containing one gallon of vegetable or ani- mal oil. The. vessel shall be so constructed that the oil can be easily distributed on the water and so arranged that it can Ive attached to the sea anchor. (e) A water-tight receptacle containing two pounds avoirdupois of provisions for each person, except on ves- sels navigating fresh water. (f) A water-tight receptacle containing one quart for each person, except on vessels navigating fresh water. (g) A number of self-igniting "red lights" and a water-tight box of matches. Fourth. All loose equipment must be securely attached to the boat or pontoon raft to which it belongs. STOWAGE OF BOATS NUMBER OF DAVITS. The minimum number of sets of davits is fixed in rela- tion to the length of the vessel ; provided that a number of sets of davits greater than the number of boats neces- sary for the accommodation of all the persons on board may not be required. HANDLING OF THE BOATS AND RAFTS. All the boats and rafts must be stowed in such a way that they can be launched in the shortest possible time and that, eA en under unfavorable conditions of list and trim from the point of view of the handling of the boats and rafts, it may be possible to embark in them as large a number of persons as possible. The arrangements must be such that it may be possible to launch on either side of the vessel as large a number of boats and rafts as possible. STIIKNGTII AM) OI'KKATION OK THE DAVITS. The davits shall be of such strength that the boats can be lowered with their full complement of persons and equipment, the vessel being assumed to have a list of fif- teen degrees. The davits must be fitted with a gear of sufficient power to insure that the boat can be turned out against the maximum list under which the lowering of the boats is possible on the vessel in question. 138 NAVIGATION LAWS OF THE UNITED STATES. OTHER APPLIANCES EQUIVALENT TO DAVITS. Any appliance may be accepted in lieu of davits or sets of davits if the Board of Supervising Inspectors, with the approval of the Secretary of Commerce, is satis- fied after proper trials that the appliance in question is as effective as davits for placing the boats in the water. DAVITS. Each set of davits shall have a boat of the first class attached to it, provided that the number of open boats of the first class attached to davits shall not be less than the minimum number fixed by the table which follows. If it is neither practicable nor reasonable to place on a vessel the minimum number of sets of davits required by the rules, the Board of Supervising Inspectors, with the approval of the Secretary of Commerce, may author- ize a smaller number of sets of davits to be fitted, pro- vided always that this number shall never ho less than the minimum number of open boats of the first class required by the rules. If a large proportion of the persons on board are ac- commodated in boats whose length is greater than fifty feet, a further reduction in the number of sets of davits may be allowed exceptionally, if the Board of Super- vising Inspectors, with the approval of the Secretary of Commerce, is satisfied that the arrangements are in all respects satisfactory. In all cases in which a reduction in the minimum num- ber of sets of davits or other equivalent appliances re- quired by the rules is allowed, the owner of the vessel in question shall be required to prove, by a test made in the presence of an officer designated by the Supervising In- spector (ionoral, that all the boats can bo olHeiently launched in a minimum time. The. conditions of this test shall be as follows: First. The vessel is to bo upright and in smooth water, 'ond. The time is the time required from the begin- ning of the removal of tho boat covers, or any other opera- tion necessary to prepare tho boats for lowering, until the last boat or pontoon raft is afloat. Third. Tho number of men employed in tho whole op- oration must not exceed the total number of boat hands that will 1)0 carried on the vessel under normal service conditions. Fourth. Kadi boat when being lowered must have on board at least two men and its full equipment as required by the rules. The time allowed for putting all the boats into tho water shall be fixed by the Hoard of Supervising In- spectors, with the approval of the Secretary of Commerce. PART VIII. INSPECTION OF STEAM VKSSKI.S. 139 MINIMUM NtMI'.l.i; 01 DAVITS AND OF OPKN BOATS OF TIIR FIKSP GLASS MINIMUM BOAT CAPACITY. The followiDg table fixes, according to the length of the vessel ( A ) The inininiiiiii number of sets of davits to be pro- vided, to each of which must l>e attached a boat of (lie first class in accordance with this section. (B) The minimum total number of open boats of the first class, which must be attached to davits, in accordance with this section. (C) The minimum boat capacity required, including the boats attached to davits and the additional boats, in accordance with this section. KetjisttMvd length of th<> ship (feet). (A) Minimum number of sets of davits. (B) Minimum number of open boats of the first class. (C) Minimum capacity of lifeboats. 100 and loss than J20 2 2 Cubicfeet. 980 V'0 -ind less than HO 2 2 1 220 1 10 and less than J(>0 2 2 1 550 JGO and It^s than 175 3 3 1 880 175 and less than 1!H) 3 3 2 390 190 and less than 205 4 4 2 740 "D.") and less than 220 4 4 3 330 4 >0 and less than 230 5 4 3 900 30 and less than 245 5 4 4 560 9 45 and less than 255 . 6 5 5 100 255 and less than 270 6 5 5 640 270 and less than 285. . . . 7 5 6,190 285 and less than 300 7 5 6,930 300 and less than 315 8 6 7,550 315 and less than 330 8 6 8 290 330 and less than 350 9 7 9 000 350 and less than 370 9 7 9 630 370 and less than 390 10 7 10 650 390 and less than 410 10 7 11 700 410 and less than 435 12 9 13 060 435 and less than 4(50 12 9 14 430 460 and less than 490 14 10 15, 920 490 and less than 520 14 10 17, 310 520 and less than 550 16 12 18, 720 550 and less than 5sO 16 12 20,350 580 and less than 010 . 18 13 21, 900 610 and less than 640 . . . 18 13 23,700 640 and less than 670 20 14 25,350 670 and less than 700 20 14 27, 050 700 and less than 730 22 15 28, 560 730 and less than 760 22 15 30, 180 760 and less than 790 24 17 32, 100 790 and less than 820 24 17 34,350 820 and less than 855 . 26 18 36,450 855 and less than 890 26 18 38,750 890 and less than 925 . 28 19 41,000 925 and less than 960 28 19 43, 880 960 and less than 995 30 20 46, 350 995 and less than 1 030 30 20 48,750 140 NAVIGATION LAWS OF THE UNITED STATES. When the length of the vessel exceeds one thousand and thirty feet, the Board of Supervising Inspectors, with the approval of the Secretary of Commerce, shall determine the minimum number of sets of davits and of open boats of the first class for that vessel. EMBARKATION OF THE PASSENGERS IX THE LIFEBOATS AND RAFTS. Suitable arrangements shall be made for embarking the passengers in the boats, in accord with regulations by the Board of Supervising Inspectors, with the ap- proval of the Secretary of Commerce. In vessels which carry rafts there shall be a number of rope or wooden ladders always available for use in embarking the persons on to the rafts. The number and arrangement of the boats, and (where they are allowed) of the pontoon rafts, on a vessel de- pends upon the total number of persons which the vessel is intended to carry: Provided, That there shall not be required on any voyage a total capacity in boats, and (where they are allowed) pontoon rafts, greater than that necessary ito accommodate all the persons on board. At no moment of its voyage shall any passenger steam vessel of the United States on ocean routes more than twenty nautical miles offshore have on board a total num- ber of persons greater than that for whom accommoda- tion is provided in the lifeboats and pontoon life rafts on board. If the lifeboats attached to davits do not provide suffi- cient accommodation for all persons on board, additional lifeboats of one of the standard types shall be provided. This addition shall bring the total capacity of the boats on the vessel at least up to the greater of the two follow- ing amounts: ) The minimum capacity required by these regula- tions; (b) A (-a parity sufficient to accommodate seventy-five per centum of the persons on board. The remainder of the accommodation required shall be provided, under regulations of the Hoard of Super- viking Inspectors, approved by the Secretary of Com- merce, cither in boats of class one or class two, or in pon- toon rafts of an approved type. At no moment of its voyage shall any passenger steam I of the I'nited States on ocean routes less than twenty nautical miles oll'shore have on hoard a total num- ber of persons greater than that for whom accommoda- tion is provided in the lifeboats and pontoon rafts on hoard. The accommodation provided in lifeboats shall in every case be sufficient to accommodate at least seventy- five per centum of the persons on board. The number and type of such lifeboats and life rafts shall be deter- P.M.''!' VIII. INSPECTION OF STEAM VKSSKI.S. 141 mined by regulations of the Hoard of Supervising In- spectors, approved l>y tin 1 Secretary of Commerce: /'/v>- {'!e live; if the boat or rafl carries from one hundred and eleven to <>ne hun- dred and sixty persons, the minimum number of certifi- cated lifeboat men shall be six ; if the boat or rafl carries from one hundred and sixty-one to two hundred and ten pcr.-nii.-. the minimum number of certificated lifeboat men shall he seven: and, thereafter, one additional cer- tificated lifeboat man for each additional fifty persons: Proriilnl. That if the raft carries fifteen persons or less a licensed officer <>r able seaman need not he placed in charge of Mich raft : /'/'>//',/, ,/ further, That one-half the number of rafts carried shall have a capacity of exceeding fifteen persons. PART viii. iNsn-rnox OK STKAM VESSELS. 143 The allocation of the certificated lifeboat men t<> each boat and raft remains within the discretion of the master, according to the cireiimstances. liy " certificated lifeboat man"' is meant any member of the crew who holds a certificate of ellicieney issued un- der the authority of the Secretary of ("ommeree, who is hereby directed to provide for the issue of such certifi- cates. In order to obtain the special lifeboat man's certificate the applicant must prove to the satisfaction of an officer designated by the Secretary of Commerce that he has been trained in all the operations connected with launch- ing lifeboats and the use of oars; that he is acquainted with the practical handling of the boats themselves; and, further, that he is capable of understanding and answer- ing the orders relative to lifeboat service. Section forty-four hundred and sixty-three of the Re- vised Statutes as amended is hereby amended by adding the words " including certificated lifeboat men, separately stated," to the word " crew " wherever it occurs. .MANNING OF BOATS. A licensed officer or able seaman shall be placed in charge of each boat or pontoon raft; he shall have a list of its lifeboat men, and other members of its crew which shall be sufficient for her safe management, and shall see that the men placed under his orders are acquainted with, their several duties and stations. A man capable of working the motor shall be assigned to each motor boat. The duty of seeing that the boats, pontoon rafts, and other life-saving appliances are at all times ready for use shall be assigned to one or more officers. MUSTER ROLL AND DRILLS. Special duties for the event of an emergency shall be allotted to each member of the crew. The muster list shows all these special duties, and in- dicates, in particular, the station to which each man must go, and the duties that he has to perform. Before the vessel sails the muster list shall be drawn up and exhibited, and the proper authority, to be desig- nated by the Secretary of Commerce, shall be satisfied that the muster list has been prepared for the vessel. It shall be posted in several parts of the vessel, and in par- ticular in the crew's quarters. MUSTER LIST. The muster list shall assign duties to the different mem- bers of the crew in connection with (a) The closing of the water-tight doors, valves, and so forth. 92075 15 10 144 NAVIGATION LAWS OF THE UNITED STATES. (b) The equipment of the boats and rafts generally. (c) The launching of the boats attached to davits. (d) The general preparation of the other boats and the pontoon rafts. (e) The muster of the passengers. (f) The extinction of lire. The muster list shall assign to the members of the stewards' department their several duties in relation to the passengers at a time of emergency. These duties shall include (a) Warning the passengers. (b) Seeing that they are dressed and have put on their life jackets in a proper manner. (c) Assembling the passengers. (d) Keeping order in the passages and on the stair- ways, and, generally, controlling the movements of the passengers. The muster list shall specify definite alarm signals for calling all the crew to the boat and fire stations, and shall give full particulars of these signals. MUSTERS AND DRILLS. Musters of the crews at their boat and fire stations, fol- lowed by boat and fire drills, respectively, shall be held at least once a week, either in port or at sea. An entry shall be made in the official log book of these drills, or of the reason why they could not be held. Different groups of boats shall be used in turn at suc- cessive boat drills. The drills and inspections shall be so arranged that the crew thoroughly understand and are practiced in the duties they have to perform, and that all the boats and pontoon rafts on the ship with the gear appertaining to them are always ready for immediate use. LIFE JACKETS AND LIFE BUOYS. A life jacket of an approved type, or other appliance of equal buoyancy and capable of being fitted on the body, shall be carried for every person on board, and, in addition, a sufficient number of life jackets, or other equivalent appliances, suitable for children. First. A life jacket shall satisfy the following condi- tions: (a) It shall be of approved material and construction. (b) It shall be capable of supporting in fre>h water for twenty-four hours fifteen pounds avoirdupois of iron. Life jackets the buoyancy of which depends on air com- partmentfi are prohibited. eond: A life buoy shall satisfy the following con- ditions: (a) It shall be of solid cork or any other equivalent material. PART VIII. INSPECTION OF STEAM VESSELS. 145 (b) It shall be capable of supporting in fresh water for twenty-four hours at least thirty-one pounds avoirdu- pois of iron. Life buoys filled with rushes, cork shavings, or granu- lated cork, or any other loose granulated material, or whose buoyancy depends upon air compartments which require to be inflated, are prohibited. Third. The minimum number of life buoys with which vessels are to be provided is fixed as follows: Length of the vessel under four hundred feet, minimum number of buoys, twelve; length of the vessel, four hun- dred and under six hundred feet, minimum number of buoys, eighteen; length of the vessel, six hundred and under eight hundred feet, minimum number of buoys, twenty-four; length of the vessel, eight hundred feet and over, minimum number of buoys, thirty. Fourth. All the buoys shall be fitted with beckets se- curely seized. At least one buoy on each side shall be fitted with a life line of at least fifteen fathoms in length. The number of luminous buoys shall not be less than one-half of the total number of life buoys, and in no case less than six. The lights shall be efficient self-igniting lights which can not be extinguished in water, and they shall be kept near the buoys to which they belong, with the necessary means of attachment. Fifth. All the life buoys and life jackets shall be so placed as to be readily accessible to the persons on board; their position shall be plainly indicated so as to be known to the persons concerned. The life buoys shall always be capable of being rap- idly cast loose, and shall not be permanently secured in any way. The owner of any vessel who neglects or re- fuses to provide and equip his vessel with such lifeboats, floats, rafts, life preservers, line-carrying projectiles, and the means of propelling them, drags, pumps, or other appliances, as are required under the provisions of this section, or under the regulations of the Board of Super- vising Inspectors, approved by the Secretary of Com- merce, authorized by and made pursuant hereto, shall be fined not less than $500, nor more than $5,000, and every master of a vessel who shall fail to comply with the requirements of this section, and the regulations of the Board of Supervising Inspectors, approved by the Sec- retary of Commerce, authorized by and made pursuant hereto, shall upon conviction be fined not less than $50, nor more than $500. 142. Stairways and deck room. Every such steam- vessel carrying passengers on the K - s - 4484 - main-deck shall be provided with permanent stairways and other sufficient means, convenient to the passengers, for their escape to their 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 146 NAVIGATION LAWS OF THE UNITED STATES. R. S., 4486. R. S., 4480. Mar. 3, 1905. Sec. 2. 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. R. s., 4485. The captain or mate of every such steam- vessel carry- ing 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 boil- ers or machinery, in such a manner as to obstruct or pre- vent the engineer from readily attending to his duties. For every violation of the provisions of the two pre- ceding sections the owners of the vessel shall be punished by a fine of three hundred dollars. 143. Wire tiller ropes. Every steamer carrying passengers shall be provided with such tiller ropes, tiller rods, or chains for the pur- pose of steering and navigating the vessel, and such bell- pulls for signalizing the engineer from the pilot house, and such tubes or other arrangement to repeat back the signal to the pilot house, as may be prescribed by the board of supervising inspectors, with the approval of the Secretary of Commerce. 144. Protection against fire. Every steamer carrying passengers or freight shall be provided with suitable pipes and valves attached to the boiler to convey steam into the hold and to the different compartments thereof to extinguish fire, or such other suitable apparatus as may be prescribed by the regula- tions of the board of supervising inspectors, with the ap- proval of the Secretary of Commerce, for extinguishing fire in the hold and compartments thereof by the intro- duction through pipes into such hold and compartments of carbonic acid gas or other fire-extinguishing gas or vapor; and every stove used on board of any such vessel shall be well and securely fastened, so as to prevent it from being moved or overthrown, and all woodwork or other ignitible substances about the boilers, chimneys, cook houses, and stovepipes, exposed to ignition shall be thoroughly shielded by some incombustible material in such a manner as to leave the air to circulate freely be- tween such material and woodwork or other ignitible substance; and before granting a certificate of inspection the inspector shall require all other necessary provisions to be made throughout such vessels to guard against loss or danger from fir 1 . R. s., 4471. Every steamer permitted by her certificate of inspec- tion to carry as many as fifty passenger-, or upward, and every steamer carrying passengers, which also carries cotton, hay, or hemp, shall he provided with a good double-acting steam lire-pump, or other equivalent appa- R. S., 4470. Mar. 3, 1905. Sec. 7. I'AIIT VIII. INSPECTION OF STEAM VESSELS. 147 ratus for throwing water. Such pump or other appa- ratus for throwing water shall he kept at all times and at all seasons of the year in good order and ready for immediate use, having at least two pipes ol' suitable di- mensions, one on each side of the vessel, to convey the water to the upper decks, to which pipes there shall be at- tached, by means of stop-cocks or valves, both between decks and on the upper deck, good and suitable hose of suilicient strength to stand a pressure of not less than one hundred pounds to tin- square inch, long enough to reach to all parts of the vessel and properly provided with noz- zles, and kept in good order and ready for immediate service. Every steamer exceeding two hundred tons bur- den and carrying passengers shall be provided with two good double-acting lire-pumps, to be worked by hand; each chamber of such pumps, except pumps upon steamers in service on the twenty-eighth day of February, eighteen hundred and seventy-one, shall be of sufficient capacity to contain not less than one hundred cubic inches of water ; and such pumps shall be placed in the most suit- able parts of the vessel for efficient service, having suit- able well-fitted hose to each pump, of at least one-half the vessel in length, kept at all times in perfect order, and shipped up and ready for immediate use. On every steamer not exceeding two hundred tons, one of such pumps may be dispensed with. Each fire-pump thus pre- scribed shall be supplied with water by means of a suit- able pipe connected therewith, and passing through the side of the vessel so low as to be at all times under water when she is afloat. Every steamer shall also be provided June so, IQOG. with a pump which shall be of sufficient strength and suitably arranged to test the boilers thereof. Every steamer carrying passengers during the night- R. s., 4477. time shall keep a suitable number of watchmen in the cabins, and on each deck, to guard against fire or other dangers, and to give alarm in case of accident or disaster. For any neglect to keep the watchmen required by the R. s., 4478. preceding section, the license of the officer in charge of the vessel for the time being shall be revoked; and every owner of such vessel who neglects or refuses to furnish the number of men necessary to keep watch as required, shall be fined one thousand dollars. The board of supervising inspectors may require steam- R - s - 4479 - ers carrying either passengers or freight to be provided with such number and kind of good and efficient portable fire-extinguishers as, in the judgment of the board, may be necessary to protect them from fire when such steamers are moored or lying at a wharf without steam to work the pumps. Every such steam vessel carrying passengers shall keep R s., 4483. ^ such fire buckets, axes, and water barrels as shall be pre- *J'^' 1905 ' scribed by the regulations established by the board of supervising inspectors, with the approval of the Secre- tary of Commerce. The buckets and barrels shall be kept 148 ttAVIGATIOX LAWS OF THE UNITED STATES. in convenient places and filled with water, to be in readi- ness 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 num- ber, may be substituted for barrels. R. s., 4492. Every barge carrying passengers, while in tow of any steamer, shall be subject to the provisions of this Title [R. S., 4399-4500] relating to fire-buckets, axes, life-pre- servers, and yawls, to such extent as shall be prescribed by the board of supervising inspectors; and for any vio- lation of this section the penalty shall be two hundred dollars, recoverable one-half for the use of the informer. 145. Inflammable or explosive cargo. R. s., 4422. ^ Upon the application of any master or owner of any Be&af* M 15 ' s .^ eam vessel employed in the carriage of passengers, for a license to carry gunpowder, the local inspectors shall ex- amine such vessel, and if they find that she is provided with a chest or safe composed of metal, or entirely lined and sheathed therewith, or if the vessel has one or more compartments thoroughly lined and sheathed with metal, at a secure distance from any fire, they may grant a cer- tificate to that effect, authorizing such vessel to carry as freight within such chest, safes, or compartments, the article of gunpowder, which certificate shall be kept con- spicuously posted on board such vessel. R. s.,4472. ^ Xo loose hay, loose cotton, or loose hemp, camphene, gLTg 3 ' 1( 5 nitroglycerin, naphtha, benzine, benzole, coal oil, crude or refined petroleum, or other like explosive burning fluids, or like dangerous articles, shall be carried as freight or used as stores on any steamer carrying passengers; nor shall baled cotton or hemp be carried on such steamers unless the bales are compactly pressed and thoroughly covered and secured in such manner as shall be prescribed by the regulations established by the board of supervising inspectors with the approval of the Secretary of Com- merce ; nor shall gunpowder be carried on any such vessel except under special license; nor shall oil of vitriol, nitric or other chemical acids be carried on such steam- ers 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 shall be prescribed by the board of supervising inspectors with the approval of the Secretary of Commerce: and oil or spirits of turpentine may be carried on such steamers when put up in good metallic vessels or casks pr barrels well and securely hound with iron and stowed in a secure part of the ve^el : and friction matches may be carried on such steamers when securely packed in I'AKT VIII. INSPECTION OF STEAM VESSELS. 149 strong, tight chests or boxes, the covers of which shall lc well secured hy locks, screws, or other reliable fastenings, and stowed in a sa fe |art of the vessel at a secure distance from any lire or heat. All such other provisions shall be made on every -learner carrying passengers or freight, to guard a pi i list- and extinguish fire, as shall be prescribed by the hoard of supervising inspectors and approved by the Secretary of Commerce. Nothing in the fore- ir'oing or following sections of this Act shall prohibit the transportation by steam vessels of gasoline or any of the products of petroleum when carried by motor vehicles (commonly known as automobiles) using the same as a source of motive power: J'rorided, hotrercr, That all fire, if any, in such vehicles or automobiles be extinguished immediately after entering the said vessel, and that the same be not relighted until immediately before said ve- hicle shall leave the vessel: Provided further, That any owner, master, agent, or other person having charge of passenger steam vessels shall have the right to refuse to transport automobile vehicles the tanks of which contain gasoline, naphtha, or other dangerous burning fluids. ]'i'<>r'/<1< <1. lioircrcr, That nothing in the provisions of May 28, IOOG. this Title shall prohibit the transportation by vessels not carrying passengers for hire, of gasoline or any of the products of petroleum for use as a source of motive power for the motor boats or launches of such vessels. Provided further, That nothing in the foregoing or Jan. 24, 1913. following sections of this Act shall prohibit the use, by steam vessels carrying passengers for hire, of lifeboats equipped with gasoline motors, and tanks containing gasoline for the operation of said motor-driven lifeboats : Provided, however, That no gasoline shall be carried other than that in the tanks of the lifeboats: Provided further, That the use of such lifeboats equipped with gasoline motors shall be under such regulations as shall be prescribed by the board of supervising inspectors with the approval of the Secretary of Commerce. Provided, however, That nothing in the foregoing or Oct. 22, 1914. following sections of this Act shall prohibit the trans- portation and use by vessels carrying passengers or freight for hire of gasoline or any of the products of petroleum for the operation of engines to supply an auxiliary lighting ancl wireless system independent of the vessel's main power plant: Provided further, That the transportation or use of such gasoline or any of the prod- ucts of petroleum shall be under such regulations as shall be prescribed by the Board of Supervising Inspec- tors, with the approval of the Secretary of Commerce. Every bale of cotton or hemp that shall be shipped or R. s., 4473. carried on any passenger-steamer, without conforming to the provisions of the preceding section, shall be subject to a penalty of five dollars, and shall be liable to seizure and sale to secure the payment of such penalty. 150 XAVIC.ATIOX LAWS OF THE UNITED STATES. R. S., 4474. Feb. 14, 1903. Sec. 10. Oct. IS. 1888. 1-vi.. l t. LOOSi Sec. 10. July 17, 1014 K. S., 4475. .1. The Secretary of Commerce may grant permission to the owner of any steam-vessel, to use any invention or process for the utilization of petroleum or other mineral oils or substances in the production of motive-power, and may make and enforce regulations concerning the appli- cation and use of the same for such purpose. But no such permission shall be granted, unless upon the certifi- cate of the supervising inspector of steamboats for the district wherein such vessel is registered, and other satis- factory proof that the use of the same is safe and efficient : and upon such proof, and the approval of such certificate bv the Secretary of Commerce, a special license for the i'>e of such process or invention shall issue under the seal of the Department of Commerce. The Secretary of Commerce may permit the use of petroleum as fuel on steamers not carrying passengers, without the certificate of the supervising inspector of the district where the vessel is to be used, subject to such con- ditions and safeguards as the Secretary of Commerce in his judgment shall provide. For a violation of any of the conditions imposed by the Secretary of Commerce a penalty of five hundred dollars shall be imposed, which penalty shall be a lien upon the vessel, but a bond may. as provided in other cases, be given to secure the satisfac- tion of the judgment. Provided further, That when crude petroleum of a flash point not less than one hundred and fifty degrees Fahrenheit, is carried in the double-bottom fuel tanks of steamers using the same for fuel, the crude petroleum car- ried in such tanks in excess of the necessities of the voy- age may be discharged at terminal ports when no passen- gers are on board the ship. Crude petroleum carried and discharged under these conditions will not be considered storc< or cargo within the contemplation of section f oily- four hundred and seventy-two, Revised Statutes of the United States. 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 all other articles of like character, when packed or put up for shipment, shall 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. It shall be unlawful to transport, carry, or convey, liquid nitroglycerin. fulminate in bulk in dry condition, or other like explosive, between a place in a foreign coun- try and a place within or subject to the jurisdiction of the Tinted Si:ite>. or bet ween a place in one State. Territory, or District of the Tuited States, or place noiicoiit iiruou.s to but subject to the jurisdiction thereof, and a place in PABT VIII.- INSIM-V Tin.X o|- STKA.M VKSSKI.S. 151 any other State. Territory. or District of the States. or place noncontiguous to but subject to (lit 1 juris- diction thereof. on jiny vessel or vehicle of any dcscrip lion operated by a common carrier in the transportation of passengers or articles of commerce by land or water. Kvery person who packs or puts up. or causes to be K.s.,4476. packed or put up for shipment, any gunpowder. nitro- glycerine. cainphenc, naphtha. hen/ine, benzole, coal-oil, crude or refined petroleum, oil of vitriol, nitric or other chemical acids, oil or spirits of turpentine, friction- matches. or other articles of like character otherwise 1 than as directed by the preceding section, or who knowingly ships or attempts to ship the same, or delivers the same to any such vessels as stores unless duly packed and marked, shall "be deemed guilty of a misdemeanor, and punished by a fine not exceeding two thousand dollars, or imprisonment not exceeding eighteen months, or both; one-half of the fine to go to the informer, and the articles to be liable to seizure and forfeiture. Every package containing explosives or other danger- | Iar - 2 4 - 100 - ous articles when presented to a common carrier for ship- Repeals 'R, s.. ment shall have plainly marked on the outside thereof 5353> 5:>>r>1 the contents thereof; and it shall be unlawful for any person to deliver, or cause to be delivered, to any com- mon carrier engaged in interstate or foreign commerce by land or water, for interstate or foreign transportation, or to carry upon any vessel or vehicle engaged in interstate or foreign transportation, any explosive, or other dan- gerous article, under any false or deceptive marking, de- scription, invoice, shipping order, or other declaration, or without informing the agent of such carrier of the true character thereof, at or before the time such delivery or carriage is made. Whoever shall knowingly violate, or cause to be violated, any provision of this section, or of the three sections last preceding, or any regulation made by the Interstate Commerce Commission in pursu- ance thereof, shall be fined not more than two thousand dollars, or imprisoned not more than eighteen months, or both. When the death or bodily injury of any person is sec. 236. caused by the explosion of any article named in the four sections last preceding, while the same is being placed upon any vessel or vehicle to be transported in violation thereof, or while the same is being so transported, or while the same is being removed from such vessel or vehicle, the person knowingly placing, or aiding or per- mitting the placing, of such articles upon any such vessel or vehicle, to be so transported, shall be imprisoned not more than ten years. It shall be unlawful to transport, carry, or convey, any Mar. 4, ^1909. dynamite, gunpowder, or other explosive, between a place Scc>> ~"~' in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in 152 NAVIGATION LAWS OF THE UNITED STATES. any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdic- tion thereof, and a place in any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description operated by a common car- rier, which vessel or vehicle is carrying passengers for hire: Provided, That it shall be lawful to transport on any such vessel or vehicle small arms ammunition in any quantity, and such fuses, torpedoes, rockets, or other sig- nal devices, as may be essential to promote safety in oper- ation, and properly packed and marked samples of ex- plosives for laboratory examination, not exceeding a net weight of one-half pound each, and not exceeding twenty samples at one time in a single vessel or vehicle ; but such samples shall not be carried in that part of a vessel or vehicle which is intended for the transportation of pas- sengers for hire: Provided further, That nothing in this section shall be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipment vessels or vehicles. sec. 2.->>s. The Interstate Commerce Commission shall formulate R> S ' f regulations for the safe transportation of explosives, which shall be binding upon all common carriers engaged in interstate or foreign commerce which transport ex- plosives by land. Said commission, of its own motion. or upon application made by any interested party, may make changes or modifications in such regulations, made desirable by new information or altered conditions. Such regulations shall be in accord with the best known practicable means for securing safety in transit, covering the packing, marking, loading, handling while in transit, and the precautions necessary to determine whether the material when offered is in proper condition to transport. Such regulations, as well as all changes or modifications thereof, shall take effect ninety days after their formula- tion and publication by said commission and shall be in effect until reversed, set aside, or modified. It shall not be lawful to transport, carry, or convey, ship, deliver on board, or cause to be delivered on board. the siil stance or article known or designated as nitro- glycerine, or glynoin oil, nitroleiim or blasting oil. or nitrated oil. or powder mixed with any such oil. or liber saturated with any such article, or substance, upon or in any \ <e a lien upon the vessel in each case; but a bond may, as provided in other cases, be given to secure the satisfaction of the judgment. 147. Certificate of inspection. When the inspection of a steam vessel is completed June 25', 1910. and the inspectors approve the vessel and her equipment MM.-, j. u 6. throughout, they shall make and subscribe a certificate, which certificate shall be verified by the oaths of the inspectors signing it, before the chief officer of the cus- toms of the district or any other person competent by law to administer oaths. Such certificate shall be deliv- ered to the master or owner of the vessel to which it re- . and one copy thereof shall be kept on file in the inspectors' office and one copy shall be delivered to the collector or other chief ollicer of the customs of the dis- trict in which such inspection lias been made, who shall keep the same on file in Uis ollice. I f the inspectors refuse to grant a certificate of approval they shall make a state- ment in writing and si_ r n the same. gi\ ing the reasons for their disapproval. I'pon such inspection and ap- proval the inspectors shall also make and subscribe- a temporary certificate, which shall set forth substantially the fact of such inspection and approval) and shall de- liver the same to the master or owner of the vessel and shall keep a ropy thereof on file in their ollice. The said I'AIIT VIII.- INSIM-X'TIOX OK STEAM YKSSKI.S. 155 temporary certificate shall be carried and exposed by vessels iii (he same manner as is provided in section fort v- four hundred and twent y-three for the regular cer- tificate, and the foim thereof and the period during \\hich it is to be in force shall he as j>rescribed by the board of supervising inspectors, or the executive com- mittee thereof, as provided in section forty-four hundred and live. And such temporary certificate, during such period and prior to the delivery to the master or owner of the regular certificate, shall take thej>lace of and be a substitute for the regular certificate of inspection, as re- quired by this section and by section forty-four hundred and twenty-six, and for the purposes of said sections. Such temporary certificate shall also be subject to revo- cation in the manner and under the conditions 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 cer- tificate: Pror/drd, however, That any such vessel oper- ated upon a regularly established line from a port of the United States to a port of a foreign country not contigu- ous 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. The original certificate of inspection delivered to the "8^8)06. master or owner of a steam vessel shall be placed by such ' master or owner in a conspicuous place in the vessel sec.' 3.' 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. Whenever any passenger is received on board any jJar" 4 42 ioi5. steam vessel not having an unexpired certificate of ap- sec.' 4.' proval or an unexpired temporary certificate of approval : \ 1015 ' 156 XAVICATIOX LAWS OF THE rXTTKD STATES. placed and kept as required by this title, or whenever anv passenger steam vessel receives or carries any gun- powder 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. 148. Exhibit of laws. K. s, not. Every master, or commander of any steam-vessel car- rying passengers shall keep on board of such vessel at least two copies of the provisions of this Title | R. S., Feb. 14, 1903.4399-4500], 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. Sec. 10. 149. Inspectors and officers of steam vessels. i. S., 4406. R. S., 4407. 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 [K. S., 4300-4500] 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 manag- ing both. Whenever a supervising inspector ascertains to his sat- is fact ion that any master, mate, engineer, pilot, or owner of any steam-vessol fails to perform his duties a coord ins to the provisions of this Title [E. S., 4300-4500], 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 negli- gence or any other cause, a failure of the board which inspected the vessel to do its duty. he shall report the facts ,!,' I '"' in writing to the Secretary of Commerce- who shall cau^e immediate investigation into the truth of the complaint, and. if he deems the cause sufficient, shall remove any officer found delinquent. \Vlien any licensed nflicer 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. PART VIII. - INSPECTION OF STEAM VESSELS. 157 All officers licensed under the provisions of this title \y. [R. 8. 4399-4500] shall assist the inspectors in their animation 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 ma- chinery 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 infor- mation from a licensed officer who is employed on any vessel as to defects in such vessel, or her equipments, 1 toilers, 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 vio- lating this provision shall be subject to dismissal from the service. If any licensed officer shall, to the hindrance of com- R. s., 4440. merce, wrongfully or unreasonably refuse to perform his le"^' 1905 official duties after having signed articles or while em- Mar. 3, 1015 ployed on any vessel as authorized by the terms of his certificate of license, or if any pilot or engineer shall refuse to admit into the pilot house or engine room any person whom the master or owner of the vessel may de- sire to place there for the purpose of learning the pro- fession, his license shall be revoked or suspended upon the same proceedings as are provided in other cases oi revocation or suspension of such license. The local boards of inspectors shall investigate all acts R. s., 4450. 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 attend- ance 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 delin- quent, 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, negli- gence, or unskillfulness, or has endangered life, or will- fully violated any provision of this Title [R. S., 4399- 4500], they shall immediately suspend or revoke his license. 150. Liability for damage. Whenever damage is sustained by any passenger, or his R. s. t 4493. baggage, from explosion, fire, collision, or other cause, the master and the owner of such vessel, or either of them, 158 NAVIGATION LAWS OF THE UNITED STATES. R. S., 4496. K. S., 4497. R. S., 4499. Mar. 3, 1905. Sec. 4. R. S., 4500. 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 pro- visions of this Title [K. 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 steam- ers, may sue such master, mate, engineer, or pilot, and recover damages for any such injury caused by any such master, mate, engineer, or pilot. 151. 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 [K, S. 4399-4500] against all steamers arriving and departing. 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 re- moval from office, and to a penalty of one hundred dollars for each offense, to be sued for in an action of debt. If any vessel propelled in whole or in part by steam be navigated without complying with the terms of this title [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 dis- trict 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, cinder 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.. !:'> ( ,) ( .)-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 con- tractors. The penalty for the violation of any provisions of this Title [R. S., 4399-4500], nut otherwise specially provided for. shall be a line of five hundred dollars, recoverable one-half for the use of the informer. PART IX. PASSENGER ACT OF 1882. 152. Accommodations. 158. Explosives; cattle. 153. I.i.uht :ind air. 159. Boarding vessel; passenger list. 154. Provisions. 160. Death of passenger. 155. Medical attendance. 161. Inspection. 156. Discipline and cleanliness. 162. Penalties. 157. Privacy of passengers. 152. Accommodations. It shall not be lawful for the master of any vessel ug . 2^ iss& 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 thereof, 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 been, 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 in- cluded in such computation. Second. The expression " steerage passenger " means all passengers except cabin passengers, and persons shall not 92075 15 11 159 160 NAVIGATION LAWS OF THE UNITED STATES. 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. Tlie 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 imme- diately above it shall not be less than six feet. Sixth. Xo steerage passengers shall be carried on the lowest passenger deck unless it is efficiently lighted by side scuttles and otherwise to the satisfaction of the inspector. Seventh. No greater number of steerage passengers shall be carried on the lowest passenger deck than in the proportion of one steerage passenger to every twenty-one clear superficial feet allotted to their use. If, however, the height between the lowest passenger deck and the deck immediately above it is less than seven feet, and the apertures, exclusive of side scuttles, through which light and air are admitted are less in size than in the propor- tion of three square feet to every one hundred superficial feet of that deck, no greater number of steerage pas- sengers shall be carried on that deck than in the pro- portion of one steerage passenger to every thirty clear superficial feet thereof, subject to the allowance for meas- urement of public rooms, lavatories, and bath rooms, if any, provided for by paragraph ten. Eighth. No greater number of steerage passengers may be carried on a passenger deck than in the proportion of one steerage passenger to every eighteen clear superficial feet of deck allotted to their use, subject to the allowance for measurement of public rooms, lavatories, and bath rooms, if any, provided for by paragraph ten. If, how- ever, the height between any passenger deck and the deck immediately above it be less than seven feet, no greater number of steerage passengers may be carried on that deck than in the proportion of one steerage passenger to every twenty-one dear superficial feet thereof, subject to the allowance for measurement of public rooms, lavatories, and bnth rooms, if any. provided for by paragraph ten. Ninth. A vessel, whatever be the superficial space of the passenger decks and of the lowest passenger deck, shall not carry a greater number of steerage passengers on the whole than in the proportion of one steerage pas- gar to every five superficial feet of air or promenade space provided on a deck so open as not to be included in PART IX. PASSENGER ACT OF 1882. 161 the tonnage and approved by the inspector, and this space shall not be counted or included in the area avail- able for any other passengers, or in other areas for steer- age passengers prescribed by this section. Tenth. In the measurement of the passenger decks and of the lowest passenger deck, the space occupied by that part of the personal baggage of the steerage passengers which the inspector permits to be carried there shall be included, and also, on whatever deck located, commo- dious and suitable dining rooms, lounging rooms, smok- ing rooms, lavatories, toilet rooms, and bath rooms: Pro- //y that officer, under whose PART IX. PASSENGER ACT OF 1882. 167 direction statements of the same shall he prepared and published. 160. Death of passenger. In case there shall have occurred on hoard any such A ?-^j 1882 * steamship or other vessel any death among such passen- ger< 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, oi' 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 ves- sel who neglect or refuse to pay such collector, within the times hereinbefore prescribed, the sums of money afore- said, shall be liable to a penalty of fifty dollars in addi- tion 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. 161. Inspection. The collector of customs of the collection district Sec. 11. 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 exami- nation of the vessel^ and to admeasure' the compartments or spaces occupied by the emigrant passengers, or pas- sengers other than cabin passengers, during the voyage; and such measurement shall be made in the manner pro- vided 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 sail- ing, 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 com- partment or space, and the number of berths and passen- gers in each space, the kind and quality of the food fur- nished 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 re- port whether the same was caused by any neglect or viola- tion 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 Commerce at such times and in such manner Feb. 14, i9os. as he shall direct. Sec - 10 ' 168 NAVIGATION LAWS OF THE UNITED STATES. Sec. 13. 162. Penalties. The provisions of this act shall apply to every steam- ship 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 ter- ritory 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 con- tinuous from port to port or such passengers are to be conveyed from port to port in part by the wav 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 pro- visions 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. The amount of the several fines and penalties imposed by any section of this act upon the master of any steam- ship or other vessel carrying or bringing emigrant passen- gers, 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 bo libeled therefor in any district court of the United States where such vessel shall arrive or depart. PART X. GENKRAL PILOT LAWS. 163. General pilot laws. Until further provision is made by Congress, all pilots R - s - 4235 - in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the States respectively wherein such pilots may be, or with such laws as the States may respec- tively enact for the purpose. The master of any vessel coming into or going out of R - s - 4236 - any port situate upon waters which are the boundary between two States, may employ any pilot duly licensed or authorized by the laws of either of the States bounded on such waters, to pilot the vessel to or from such port. No regulations or provisions shall be adopted by any R. s., 4237. State which shall make any discrimination in the rate of pilotage or half pilotage between vessels sailing between the ports of one State and vessels sailing between the ports of different States, or any discrimination against vessels propelled in whole or in part by steam, or against national vessels of the United States; and all existing regulations or provisions making any such discrimination are annulled and abrogated. No State or municipal government shall impose upon R - s - 4444 - pilots of steam-vessels any obligation to procure a State or other license in addition to that issued by the United States, or any other regulation which will impede such pilots in the performance of the duties required by this Title [R. S., 4399-4500] ; nor shall any pilot-charges be levied by any such authority upon any steamer piloted as provided by this Title; and in no case shall the fees charged for the pilotage of any steam-vessel exceed the customary or legally established rates in the State where the same is performed. Nothing in this Title shall be construed to annul or affect any regulation established by the laws of any State, requiring vessels entering or leav- ing a port in any such State, other than coastwise steam- vessels, to take a pilot duly licensed or authorized by the laws of such State, or of a State situate upon the waters of such State. All coastwise sea-going vessels, and vessels navigating R. s., 4401. the great lakes, shall be subject to the navigation laws of the United States, when navigating within the jurisdic- 169 170 NAVIGATION LAWS OF THE UNITED STATES. Feb' June 7, 1897. thereof ; and all vessels, propelled in whole or in part by steam, and navigating as aforesaid, shall be subject to all the rules and regulations established in pursuance of law for the government of steam-vessels in passing, as provided by this Title [K. S., 4399-4500] ; and every coastwise sea-going steam- vessel subject to the navigation laws of the United States, and to the rules and regula- tions aforesaid, not sailing under register, shall, when under way, except on the high seas, be under the control and direction of pilots licensed by the inspectors of steamboats. PART XI. TONNAGE TAX. 164. Rates of tax. 165. Exemptions from tonnage t;ix. 166. Discriminating tonnage taxes. 167. Alien tonnage taxes (in excep- tional cases). 168. Light money (in exceptional cases). 169. Consular tonnage charges. 170. Refund of tonnage tax. 1909> 164. Bates of tax. Nothing contained in this Title [R. S., 4131-4305] *.s.,4227 shall be deemed in any wise to impair any rights and privi- leges which have been or may be acquired by any foreign nation under the laws and treaties of the United States relative to the duty on tonnage of vessels, or any other duty on vessels. A tonnage duty of two cents per ton, not to exceed in |^ the aggregate ten cents per ton in any one year, is hereby k imposed at each entry on all vessels which shall be entered in any port of the United States from any foreign port or place in North America, Central America, the West India Islands, the Bahama Islands, the Bermuda Islands, or the coast of South America bordering on the Carib- bean Sea, or Newfoundland, and a duty of six cents per ton, not to exceed thirty cents per ton per annum, is hereby imposed at each entry on all vessels which shall be entered in any port of the United States from any other foreign port, not, however, to include vessels in dis- tress or not engaged in trade. This section shall not be construed to amend or repeal section twenty-seven hundred and ninety-two of the Revised Statutes as amended by section one of chapter two hundred and twelve of the laws of nineteen hundred and eight, approved May twenty-eighth, nineteen hun- dred and eight, or section five of the said chapter two hundred and twelve of the laws of nineteen hundred and eight, or section twenty-seven hundred and ninety-three of the Revised Statutes. Section forty-two hundred and thirty-two of the Re- vised Statutes, and sections eleven and twelve of chapter four hundred and twenty-one of the laws of eighteen hun- dred and eighty-six, approved June nineteenth, eighteen hundred and eighty-six, and so much of section forty-two hundred and nineteen of the Revised Statutes as conflicts with this section, are hereby repealed. 165. Exemptions from tonnage tax. No vessel belonging to any citizen of the United States, R - s - 422 - trading from one port within the United States to another 171 172 NAVIGATION LAWS OF THE UNITED STATES. R. S., 4221. Mar. 8, 1910. port within the United States, or employed in the bank, whale, or other fisheries, shall be subject to tonnage tax or duty, if such vessel be licensed, registered or enrolled. In cases of vessels making regular daily trips between any port of the United States and any port in the Domin- ion of Canada, wholly upon interior waters not navi- gable to the ocean, no tonnage or clearance fees shall be charged against such vessel by the officers of the United States, except upon the first clearing of such vessel in each year. Vessels entering otherwise than by sea from a foreign port at which tonnage or light-house dues or other equiva- lent tax or taxes are not imposed on vessels of the United States shall be exempt from the tonnage duty of two cents per ton, not to exceed in the aggregate ten cents per ton in any one year, prescribed by section thirty-six of the Act approved August fifth, nineteen hundred and nine, entitled "An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes." 166. Discriminating tonnage taxes. R. s., 4228. Upon satisfactory proof being given to the President, by the government of any foreign nation, that no discrim- inating duties of tonnage or imposts are imposed or levied in the ports of such nation upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures, or merchandise imported in the same from the United States or from any foreign country, the Presi- dent may issue his proclamation, declaring that the for- eign discriminating duties of tonnage and impost within the United States are suspended and discontinued, so far as respects the vessels of such foreign nation, and the produce, manufactures, or merchandise imported into the United States from such foreign nation, or from any other foreign country ; the suspension to take effect from the time of such notification being given to the President. and to continue so long as the reciprocal exemption of -els, belonging to citizens of the United States, and their cargoes, shall be continued, and no longer. July 24, 1897. Pror'Il, That the President is anthori/ed to suspend in part the operation of sections forty-two hundred and nineteen and twenty-five hundred and two so that foreign I- from a country imposing partial discriminating tonnage duties upon American vessels, or partial discrim- inatin.ir import duties upon American merchandise, may enjoy in our ports the identical privileires which the same class of American vessels and merchandise may enjoy in said foreign country. R. s., 4L>L'!i. N O other or hiirher rate of duties shall he imposed or collected on 7688elfl of Prussia, or of her dominions, from whencesoever coming, nor on their cargoes, howsoever composed, than are or may be payable on vessels of the United States, and their cargoes. R. s.,423o. The preceding section shall continue and be in force during the time that the equality for which it provides PART XI. TONNAGE TAX. 173 shall, in all respects, be reciprocated in the ports of Prussia and her dominions; and if at any time hereafter the equality shall not l>e reciprocated 'in the ports of Prus-ia and her dominions, the President may issue his proclamation, declaring that fact, and thereupon the sec- tion preceding shall cease to be in force. From Spanish vessels coining from any port or place in R- s.,423i. Spain or her colonies, where no discriminating or coun- tervailing duties on tonnage are levied upon vessels of the United States, or from any other port or place to and with which vessels of the United States are ordinarily permitted to go and trade, there shall be exacted in the ports of the United States no other or greater duty on 1 01 in a ire than at the time may be exacted of vessels of the tlnited States. 167. Alien tonnage taxes (in exceptional cases). Upon vessels which shall be entered in the United J^ 8 -'^^-. States from any foreign port or place there shall be paid (Seep. 17, act duties as follows: On vessels built within the United J 9 f 15 ) a r 4 States but belonging wholly or in part to subjects of for- eign powers, at the rate of 30 cents per ton; on other vessels not of the United States, at the rate of 50 cents per ton. Upon every vessel not of the United States, which shall be entered in one district from another dis- trict, having on board goods, wares, or merchandise taken in one district to be delivered in another district, duties shall be paid at the rate of 50 cents per ton. Nothing in this section shall be deemed in any wise to impair any rights or privileges which have been or may be acquired by any foreign nation under the laws and treaties of the United States relative to the duty of tonnage on vessels. On all foreign vessels which shall be entered in the United States from any foreign port or place, to and with which vessels of the United States are not ordinarily per- mitted to enter and trade, there shall be paid a duty at the rate of two dollars per ton; and none of the duties on tonnage above mentioned shall be levied on the vessels of any foreign nation if the President of the United States shall be satisfied that the discriminating or coun- tervailing duties of such foreign nations, so far as they operate to the disadvantage of the United States, have been abolished ; and any rights or privileges ac- June 26, 1884. quired by any foreign nation under the laws and treaties of the United States relative to the duty of tonnage on vessels shall not be impaired; and any vessel any officer of which shall not be a citizen of the United States, shall pay a tax of fifty cents per ton. 168. Light money (in exceptional cases). A duty of fifty cents per ton, to be denominated "light ^"pA^'act money," shall be levied and collected on all vessels not of o f M a r ! ' 4, the United States, which may enter the ports of the 1C 174 NAVIGATION LAWS OF THE UNITED STATES. R. S., 4226. United States. Such light-money shall be levied and col- lected in the same manner and under the same regulations as the tonnage duties. The preceding section shall not be deemed to operate upon unregistered vessels, owned by citizens of the United States, and carrying a sea-letter, or other regular docu- ment, issued from a custom-house of the United States, proving the vessel to be American property. Upon the entry of every such vessel from any foreign port, if the same shall be at the port at which the owner or any of the part owners reside, such owner or part owners shall make oath that the sea-letter or other regular document possessed by such vessel contains the name or names of all the persons who are then the owners of the vessel; or if^ any part of such vessel has been sold or transferred since the date of such sea-letter or document, that such is the case, and that no foreign subject or citizen has, to the best of his knowledge and belief, any share, by way of trust, confidence or otherwise, in such vessel. If the owner or any part owner does not reside at the port or place at which such vessel shall enter, then the master shall make oath to the like effect. If the owner or part owner, where there is one, or the master, where there is no owner, shall refuse to so swear, such vessel shall not be entitled to the privileges granted by this section. 169. Consular tonnage charges. No consul or consular agent of the United States shall exact tonnage fees from any vessel of the United States, touching at or near ports in Canada, on her regular voy- age from one port to another within the United States, unless such consul or consular agent shall perform some official services, required by law for such vessel, when she shall thus touch at a Canadian port. 170. Refund of tonnage tax. Whenever any fine, penalty, forfeiture, exaction, or charge arising under the laws relating to vessels or sea- men has been paid to any collector of customs or consular officer, and application lias been made within one year from such payment for the refunding or remission of the Feb. 14, ion.-., same, the Secretary of Commerce, if on investigation he finds that such fine, penalty, forfeiture, exaction, or charge was illegally, improperly, or excessively impo^-d. shall have the power, either before or after the same has been covered into the Treasury, to refund so much of such fine, penalty, forfeiture, exaction, or charge as he may think proper, from any moneys in the Treasury not otherwise appropriated. On all questions of interpretation relating to the collection of tonnage tax, and to the refund of such tax when collected erroneously or illegally, his [Commissioner of Navigation] decision shall be final. R. 8., 4222. 1884. Sec. 10. July 5, 1884 Sec. 3. PART XT!. DISCRIMINATION AND RETALIATION. 171. Discrimination a^aiust American vessels. 172. Discrimination against American fishing vessels. 173. Discrimination against products of tlie United States. 174. Discrimination on Canadian canals. 175. Vessels of nations not assimi- lated by treaty to American vessels. 176. Discriminating duties. 1886< 171. Discrimination against American vessels. Whenever any foreign country whose vessels have been placed on the same footing in the ports of the United States as American vessels (the coastwise trade excepted) shall deny to any vessel of the United States any of the commercial privileges accorded to national vessels in the harbors, ports, or waters of such foreign country, the President, on receiving satisfactory information of the continuance of such discriminations against any vessels of the United States, is hereby authorized to issue his proc- 1 a mat ion excluding, on and after such time as he may indicate, from the exercise of such commercial privileges in the ports of the United States as are denied to Ameri- can vessels in the ports of such foreign country, all ves- sels of such foreign country of a similar character to the vessels of the United States thus discriminated against, and suspending such concessions previously granted to the vessels of such country; and on and after the date named in such proclamation for it to take effect, if the master, officer, or agent of any vessel of such foreign country excluded by said proclamation from the exercise of any commercial privileges shall do any act prohibited by said proclamation in the ports, harbors, or waters of the United States for or on account of such vessel, such vessel, and its rigging, tackle, furniture, and boats, and all the goods on board, shall be liable to seizure and to forfeiture to the United States ; and any person opposing any officer of the United States in the enforcement of this act, or aiding and abetting any other person in such oppo- sition, shall forfeit eight hundred dollars, and shall be guilty of a misdemeanor, and, upon conviction, shall be liable to imprisonment for a term not exceeding two years. 172. Discrimination against American fishing vessels. Whenever the President of the United States shall be Mar - 3 - 1887 - satisfied that American fishing vessels or American fisher- men, visiting or being in the waters or at any ports or 92075 15 - 12 175 176 NAVIGATION LAWS OF THE UNITED STATES. places of the British Dominions of North America, are or then lately have been denied or abridged in the enjoy- ment of any" rights secured to them by treaty or law, or are or then lately have been unjustly vexed or harassed in the enjoyment of such riglits, or subjected to unreasonable restrictions, regulations, or requirements in respect of such rights; or otherwise unjustly vexed or harassed in said waters, ports, or places; Or whenever the President of the United States shall be satisfied that any such fishing vessels or fishermen, hav- ing a permit under the laws of the United States to touch and trade at any port or ports, place or places, in the British Dominions of North America, are or then lately have been denied the privilege of entering such port or ports, place or places, in the same manner and under the same regulations as may exist therein applicable to trad- ing vessels of the most favored nation, or shall be un- justly vexed or harassed, in respect thereof, or otherwise be unjustly vexed or harassed therein, or shall be pre- vented from purchasing such supplies as may there be lawfully sold to trading vessels of the most favored nation ; Or whenever the President of the United States shall be satisfied that any other vessels of the United States, their masters or crews, so arriving at or being in such British waters or ports or places of the British Dominions of North America, are or then lately have been denied any of the privileges therein accorded to the vessels, their masters or crews, of the most favored nation, or unjustly vexed or harassed in respect to the same, or unjustly vexed or harassed therein by the authorities thereof, then, and in either or all of such cases : It shall be lawful, and it shall be the duty of the Presi- dent of the United States, in his discretion, by proclama- tion to that effect, to deny vessels, their masters and crews, of the British Dominions of North America, any entrance into the waters, ports, or places of, or within the United States (with such exceptions in regard to vessels in dis- tress, stress of weather, or needing supplies as to the President shall seem proper), whether such vessels shall have come directly from said dominions on such destined vovah fish or salt fish or any other product of said dominions, or other goods coming from said dominions to the 1'nited St;>J The President may. in his discretion, apply such procla- mation to any part or to all of the foregoing-named sub- jects, and may revoke, <|ualify. limit, and renew such proclamation i'rom time to time as he may deem necessary to the full and just execution of the purposes of this act. Every violation of any such proclamation, or any part thereof, is hereby declared illegal, and all vessels and PART XII. DISCRIMINATION AND RETALIATION. 177 goods so coming or being within the waters, ports, or places of the United States contrary to such proclamation shall he forfeited to the Tinted States; and such forfei- ture shall he enforced and proceeded upon in the same manner and with the same effect as in the case of vessels or roods whose importation or coming to or being in the waters or ports of the United States contrary to law may now be enforced and proceeded upon. Kvery person who shall violate any of the provisions of this act, or such proclamation of the President made in pursuance hereof, shall be deemed guilty of a misde- meanor, and, on conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprison- ment for a term not exceeding two years, or by both said punishments, in the discretion of the court. 173. Discrimination against products of the United States. Whenever the President shall be satisfied that unjust Aug. so, 1890. discriminations are made by or under the authority of k any foreign state against the importation to or sale in such foreign state of any product of the United States, he may direct that such product of such foreign state so discriminating against any product of the United States as he may deem proper shall be excluded from im- portation to the United States; and in such case he shall make proclamation of his direction in the premises, and therein name the time when such direction against impor- tation shall take effect, and after such date the importa- tion of the articles named in such proclamation shall be unlawful. The President may at any time revoke, mod- ify, terminate, or renew any such direction as, in his opinion, the public interest may require. 174. Discrimination on Canadian canals. With a view of securing reciprocal advantages for the July 26, 1892. citizens, ports, and vessels of the United States, on and after the first day of August, eighteen hundred and ninety-two, whenever and so often as the President shall be satisfied that the passage through any canal or lock connected with the navigation of the Saint Lawrence River, the Great Lakes, or the water ways connecting the same, of any vessels of the United States, or of cargoes or passengers in transit to any port of the United States, is prohibited or is made difficult or burdensome by the im- position of tolls or otherwise which, in view of the free passage through the Saint Marys Falls Canal, now per- mitted to vessels of all nations, he shall deem to be recip- rocally unjust and unreasonable, he shall have the power, and it shall be his duty, to suspend by proclamation to that effect, for such time and to such extent (including absolute prohibition) as he shall deem just, the right of free passage through the Saint Marys Falls Canal, so far as it relates to vessels owned by the subjects of the gov- 178 NAVIGATION LAWS OF THE UNITED STATES. eminent so discriminating against the citizens, ports, or vessels of the United States, or to any cargoes, portions of cargoes, or passengers in transit to the ports of the government making such discrimination, whether carried in vessels of the United States or of other nations. In such case and during such suspension tolls shall be levied, collected, and paid as follows, to wit: Upon freight of whatever kind or description, not to exceed two dollars per ton ; upon passengers, not to exceed five dollars each, as shall be from time to time determined by the President : Provided-, That no tolls shall be charged or collected upon freight or passengers carried to and landed at Ogdensburg, or any port west of Ogdensburg, and south of a line drawn from the northern boundary of the State of New York through the Saint Lawrence River, the Great Lakes, and their connecting channels to the north- ern boundary of the State of Minnesota. Feb 14 1903 ^ to ^ s so cnar g e d shall be collected under such regti- sec." io f . ' ' lations as shall be prescribed by the Secretary of Com- merce, who may require the master of each vessel to fur- nish a sworn statement of the amount and kind of cargo and the number of passengers carried and the destination of the same, and such proof of the actual delivery of such cargo or passengers at some port or place within the lim- its above named as he shall deem satisfactory ; and until such proof is furnished such freight and passengers may be considered to have been landed at some port or place outside of those limits, and the amount of tolls which would have accrued if they had been so delivered shall constitute a lien, which may be enforced against the ves- sel in default wherever and whenever found in the waters of the United States. 175. Vessels of nations not assimilated by treaty to American vessels. July" I*, 9 ! 897. ^ gods, wares, or merchandise, unless in cases pro- AU C ' 2 5 3 ''i909 y ided f r by" treaty, shall be imported into the United secf 16. States from any foreign port or place, except in vessels of s C e'c. 3> iv 9 , 13 j f t ne United States, or in such foreign \essels as truly and (See 860 !^^ wn My belong to the citizens or subjects of that country of of 6 p Mar! a 4, which the goods are the growth, production, or manuf ac- ture. or from which such goods, wares, or merchandise can only be, or most usually are, first shipped for transporta- tion. All goods, wares, or merchandise imported con- trary to this section. ;md the vessel wherein the same shall be imported, together with her cariro, tackle, apparel, and furniture, shall l>e forfeited to the United States: and such goods, wares, or merchandise, ship, or vessel, and carscctYon 3! 176. Discriminating duties. ( *J'' I'^JJ; "'^ A discriminating duty of ten per centum ad valorem, in R?s!,2502. addition to the duties 'imposed !>y law. shall be levied, ^-^ 1Jm collected, and paid on all goods, 'wares, or merchandise Oct. 8. 191$, which shall be imported in vessels not of the United States, subsection i! or which being the production or manufacture of any for- eign country not contiguous to the United States, shall come into the United States from such contiguous coun- try: but this discriminating duty shall not apply to goods, wares, or merchandise which shall he imported in vessels not of the United States entitled at the time of such importation by treaty or convention or act of Congress to he entered in the ports of the United States on payment of the same duties as shall then be payable on goods, wares, and merchandise imported in vessels of the United States, nor to such foreign products or manufactures as shall be imported from such contiguous countries in the usual course of strictly retail trade. A discount of 5 per centum on all duties imposed by Oct. 3, i v 13 - T this Act shall be allowed on such goods, wares, and mer- k Jubsection V! chandise as shall be imported in vessels admitted to reg- istration under the laws of the United States: Provided, That nothing in this subsection shall be so construed as to abrogate or in any manner impair or affect the pro- visions of any treaty concluded between the United States and any foreign nation. PART XIII. ENTRY AND CLEARANCE. 177. Clearance. 178. Master's oath. 179. Form of outward manifest 180. Form of clearance. 181. State inspection laws. 182. Manifests in Alaskan and insular trades. 183. Bullion and coin. 184. Live-oak timber. 185. Fees. 186. Enrolled and licensed vessels in foreign trade. 187. Oath of ownership on entry. 188. Deposit of papers. 189. War documents; passports; sea letters. 190. Illegal boarding of vessel. 177. Clearance. Apr." 29, 1902. The master or person having the charge or command of any vessel bound to a foreign port, shall deliver to the collector of the district from which such vessel is about to depart, a manifest of all the cargo on board the same, and the value thereof, by him subscribed, and shall swear to the truth thereof; whereupon the collector shall grant a clearance for such vessel and her cargo, but without specifying the particulars thereof in the clearance, unless required by the master or other person having the charge or command of such vessel so to do. If any vessel bound to a foreign port departs on her voyage to such foreign port without delivering such manifest and obtaining a clearance, as hereby required, the master or other person having the charge or command of such vessel shall be liable to a penalty of five hundred dollars for every such offense. 178. Master's oath. R. S., 4198. Apr. 29, 1902. The oath to be taken by the master or commander of the vessel shall be as follows : District of I, (insert the name), master or commander of the (in- sert the denomination and name of the vessel), bound from the port of (insert the name of the port or place sailing from) to (insert the name of the port or place bound to), do solemnly, sincerely, and truly swear (or affirm, as the rase may be) that the manifest of the cargo any port in the United States, shall, before clearance, receive on hoard all such bullion, coin, United States notes and bonds and other securities, as the Govern- ment of the United States or any department thereof, or PART XIII. ENTRY AND CLEARANCE. 183 any minister, consul, vice-consul, or commercial or other agent of the United States abroad, shall offer, and shall securely convey and promptly deliver the same to the proper authorities or consignees, on arriving at the port of destination; and shall receive for such service such reasonable compensation as may be allowed to other car- riers in the ordinary transactions of business. 184. Live-oak timber. Collectors of the collection-districts within the States R. s.,4205. of Florida. Alabama, Mississippi, and Louisiana, before allowing a clearance to any vessel laden in whole or in part with live-oak timber, shall ascertain satisfactorily that such timber was cut from private lands, or, if from public lands, by consent of the Department of the Navy. 185. Fees. Previous to a clearance being granted to any vessel, f u^' ili*886 outward bound, the legal fees which shall have accrued on such vessel shall be paid at the offices where such fees are respectively payable; and receipts for the same shall be produced to the collector or other officer whose duty it may be to grant clearances, before a clearance is granted. Whenever any clearance is granted to any vessel of the R - s - 4207 - United States, duly registered as such, and bound on any foreign voyage, the collector of the district shall annex thereto, in every case, a copy of the rates or tariffs of fees which diplomatic and consular officers are entitled, by the regulations prescribed by the President, to receive for their services. 186. Enrolled and licensed vessels in foreign trade. If any vessel, enrolled or licensed, shall proceed on a R - s - 43 37. foreign voyage, without first giving up her enrollment and license to the collector of the district comprehending the port from which she is about to proceed on such voy- age, and being duly registered by such collector, every such vessel, together with her tackle, apparel, and furni- ture, and the merchandise so imported therein, shall be liable to seizure and forfeiture. (See R. S., 4377, p. 260.) If the port from which any vessel, so enrolled or R. s.. 4333. licensed is about to proceed on a foreign voyage, is not within the district where such vessel is enrolled, the col- lector of such district shall give to the master of such ves- sel a certificate, specifying that the enrollment and license of such vessel has been received by him, and the time when it was so received ; which certificate shall afterward be delivered by the master to the collector who may have granted such enrollment and license. Whenever any vessel, licensed for carrying on the fish- R - SM 4364> ery, is intended to touch and trade at any foreign port, it shall be the duty of the master or owner to obtain permis- sion for that purpose from the collector of the district 184 NAVIGATION LAWS OF THE UNITED STATES. R. S., 4365. R. S., 4173. R. S., 4226. where such vessel may be, previous to her departure, and the master of every such vessel shall deliver like mani- fests, and make like entries, both of the vessel and of the merchandise on board, within the same time, and under the same penalty, as are by law provided for vessels of the United States arriving from a foreign port. Whenever a vessel, licensed for carrying on the fish- eries, is found within three leagues of the coast, with merchandise of foreign growth or manufacture, exceed- ing the value of five hundred dollars, without having such permission as is directed by the preceding section, such vessel, together with the merchandise of foreign growth or manufacture imported therein, shall be subject to sei- zure and forfeiture. 187. Oath of ownership on entry. Upon the entry of every vessel of the United States from any foreign port, if the same shall be at the port at which the owner or any of the part owners reside, such owner or part owner shall make oath that the register of such vessel contains the name or names of all the persons who are then owners of the vessel ; or if any part of such vessel has been sold or transferred since the granting of such register that such is the case, and that no foreign subject or citizen has, to the best of his knowledge and belief, any share, by way of trust, confidence, or other- wise, in such vessel. If the owner or any part owner does not reside at the port at which such vessel enters, the master shall make oath to the like effect. If the owner, or part owner, where there is one, or the master, where there is no owner, refuses so to swear, such vessel shall not be entitled to the privileges of a vessel of the United States. Upon the entry of every such [unregistered vessel, owned by citizens of the United States, and carrying a sea-letter, or, other regular document, issued from a cus- tom house of the United States, proving the vessel to be American property] vessel from any foreign port, if the same shall be at the port at which the owner or any of the part owners reside, such owner or part owner shall make oath that the sea letter or other regular document possessed by such vessel contains the name or names of all the persons who are then the owners of the vessel ; or if any part of such vessel has been sold or transferred since the date of such sea-letter or document, that such is the case, and that no foreign subject or citi/en lias, to the best of his knowledge and belief, any share. ly way of tru-t, confidence, or otherwise, in such vessel. If the owner or any part owner does not reside at the port or place at which such vessel shall enter, then the master shall make oath to the like effect. If the owner or part owner, where there is one, or the master. wh"re there is no owner, shall refuse to so swear, such vessel shall not be entitled to the privileges granted by this section. PART XIII. ENTRY AND CLEARANCE. 185 188. Deposit of papers. The register, or other document in lieu thereof, together K s 279 - with the cleuranrr and other papers granted by the oili- cers of the customs to a vessel at her departure from the port from whence she may have arrived, Mediterranean passports excepted, shall previous to entry be produced to the collector with whom such entry is to be made, and shall remain in his oiliee; and on the clearance of such vessel the register and other documents shall be returned to the master or owner of such vessel. The register, or other document in lieu thereof, together H. s., 4209. with the clearance and other papers granted by the offi- cers of the customs to any foreign vessel, at her departure from the port from which she may have arrived, shall. 5 rev ions to entry in any port of the United States, be pro- need to the collector with whom such entry is to be made. It shall be the duty of the master, within forty-eight hours after such entry, to deposit the papers with the consul or vice-consul of the nation to which the vessel be- longs, and to deliver to the collector the certificate of such consul or vice-consul that the papers have been so depos- ited. Every master who fails to comply with this regu- lation shall be punishable by a fine of not less than five hundred dollars, nor more than two thousand dollars. The preceding section shall not extend to the vessels of R - s - 421 - foreign nations in whose ports American consuls are not permitted to have the custody and possession of the regis- ter and other papers of vessels entering the ports of such nation. It shall not be lawful for any foreign consul to deliver R - s - 4211 - to the master of any foreign vessel the register and other papers deposited with him pursuant to the provisions of the preceding section, until such master shall produce to him a clearance in due form from the collector of the port where such vessel has been entered. Any consul offend- ing against the provisions of this section shall be fined not less than five hundred dollars nor more than five thousand. It shall be the duty of all masters of vessels for whom R. s., 4213. any official services shall be performed by any consular se e i| 6 ' lf officer, without the payment of a fee, to require a written statement of such services from such consular officer, and, after certifying as to whether such statement is correct, to furnish it to the collector of the district in which such vessels shall first arrive on their return to the United States; and if any such master of a vessel shall fail to furnish such statement, he shall be liable to a fine of not exceeding fifty dollars, unless such master shall state under oath that no such statement was furnished him by said consular officer. And it shall be the duty of every collector to forward to the Secretary of the Treasury all such statements as shall have been furnished to him, and also a statement of all certified invoices which shall have 186 NAVIGATION LAWS OF THE UNITED STATES. R. S., 4306. R. S., 4307. R. S., 4308. K. S., 4309. II. S.. 4310. come to his office, giving the dates of the certificates, and the names of the persons for whom and of the consular officer 'by whom the same were certified. 189. War documents; passports; sea letters. Every vessel of the United States, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector for the district where such vessel may be, with a passport, the form for which shall be prescribed by the Secretary of State. In order to be entitled to such passport, the mas- ter of every such vessel shall be bound, with sufficient sureties, to the Treasurer of the United States, in the penalty of two thousand dollars, conditioned that the passport shall not be applied to the use or protection of any other vessel than the one described in it; and that, in case of the loss or sale of any vessel having such passport, the same shall, within three months, be delivered up to the collector from whom it was received, if the loss or sale take place within the United States; or within six months, if the same shall happen at any place nearer than the Cape of Good Hope; and within eighteen months, if at a more distant place. If any vessel of the United States shall depart there- from, and shall be bound to any foreign country, other than to some port in America, without such passport, the master of such vessel shall be liable to a penalty of two hundred dollars for every such offense. Every unregistered vessel owned by a citizen of the United States, and sailing with a sea-letter, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector of the district where such vessel may be with a passport, for w r hich the master shall be subject to the rules and conditions prescribed for vessels of the United States. Every master of a vessel, belonging to citizens of the United States, who shall sail from any port of the United States, shall, on his arrival at a foreign port, deposit his register, sea-letter, and Mediterranean passport with the consul, vice-consul, commercial agent, or vice-commercial agent, if any there be at such port; and it shall be the duty of such consul, vice-consul, commercial agent, or vice-commercial agent, on such master or commander producing to him a clearance from the proper officer of tin- purf where his vessel may be, to deliver to the ma-ter all of his papers, if such master or Commander has complied with the provisions of law relating to the dis- charge of seamen in a foreign country, and to the pay- ment of the fees of consular officers. Kvery master of any such vessel who refuses or neglects to deposit the papers as required by the preceding section, shall he liable to a penalty of five hundred dollars, to be recovered by such consul, vice consul, commercial agent, PART XIII. ENTRY AND CLEARANCE. 187 or vice-commercial agent, in his own name, for the benefit of the United States, in any court of competent jurisdic- tion. 190. Illegal boarding of vessel. Every person who, not being in the United States serv- R - s - 4606 - ice, and not being duly authorized by law for the purpose, goes on board any vessel about to arrive at the place of her destination, before her actual arrival, and before she has been completely moored, without permission of the master, shall, for every such offense, be punishable by a fine of not more than two hundred dollars, and by im- prisonment for not more than six months; and the master of such vessel may take any such person so going on board into custody, and deliver him up forthwith to any consta- ble or police oilieer, to be by him taken before any justice of the peace, to be dealt with according to the provisions of this Title [R. S., 4501-4613]. The Secretary of Commerce is hereby authorized and Mar. 31, 1000. directed to prescribe from time to time and enforce regu- slc.'io.' lations governing the boarding of vessels arriving at the seaports of the United States, before such vessels have been properly inspected and placed in security, and for that purpose to employ any of the officers of that [or Treasury] Department. Each person violating such regulations shall be subject | r e ar - 2 31 ' 190 to a penalty of not more than one hundred dollars or imprisonment not to exceed six months, or both, in the discretion of the court. This Act shall be construed as supplementary to section sec. 3. nine of chapter three hundred and seventy-four of the Statutes of eighteen hundred and eighty two, and section forty-six hundred and six of the Revised Statutes. PART XIV. CUSTOMS LAWS DIRECTLY RELATING TO VESSELS. 191. Boarding and search of vessel. 192. Seizure of vessels or merchan- disr. 193. Exemption from forfeiture. 194. Procedure in cases of fines, pen- alties, and forfeitures. 195. Moieties Informers' and cus- toms officers' awards. 196. Procedure. 197. Oaths of masters and owners. R. S.. ::or,o. R. 8., 3067. R. S., 3068. 188 191. Boarding and search of vessel. It shall be lawful for any officer of the customs, includ- ing inspectors and occasional inspectors, or of a revenue- cutter, or authorized agent of the Treasury Department, or other person specially appointed for the purpose in writing by a collector, naval officer, or surveyor, to go on board of any vessel, as well without as within his district, and to inspect, search, and examine the same, and any person, trunk, or envelope on board, and to this end to hail and stop such vessel if under way, and to use all necessary force to compel compliance ; and if it shall ap- pear that any breach or violation of the laws of the United States has been committed, whereby or in conse- quence of which such vessel, or the merchandise, or any part thereof, on board of or imported by such vessel, is liable to forfeiture, to make seizure of the same, or either or any part thereof, and to arrest, or in case of escape, or any attempt to escape, to pursue and arrest any person engaged in such breach or violation. The original appointment in writing of any person specially appointed under the provisions of the previous section shall be filed in the custom-house where such ap- pointment is made. It shall be lawful for all collectors, naval officers, sur- veyors, inspectors, and the officers of the revenue-cutters, to go on board of vessels in any port of the United States, or within four leagues of the coast thereof, if bound to the United States, whether in or out of their respective district^ for the purpose of demanding the manifests, and of examining and searching the vessels; and those officers respectively shall have free access to the cabin and every other part of a vessel. If any master of a vessel coming into or having arrived at any port within the I'limd States shall obstruct or hinder or shall intentionally cause any obstructions or hin- PART XIV. CUSTOMS LAWS IHKI.t Tl Y IM I \TINO TO VESSELS. 189 dranoe to any officer in lawfully going on board such sel for the purpose of carrying into effect any of the iw enue laws of the United States, he shall for every such offense be liable to a penalty of not more than five hun- dred dollars nor less than fifty dollars. If any box. trunk, chest, cask, or other package shall R s., 3069. be found in the cabin, steerage, or forecastle of a vessel, or in any other place separate from the residue of the cargo, the officer of the customs shall take a particular account of such package, and of the marks and numbers thereof, if any, and a description thereof, and, if he judges proper, shall seal every such package; and such account and description shall be by him forwarded with- out delay to the collector of the district to which such vessel is bound. If upon her arrival at the port of her entry, the packages so described, or any of them, are miss- ing, or if any seal put thereon has been broken, the master shall be liable to a penalty for every package missing, or on which any seal shall be broken, of two hundred dollars. 192. Seizure of vessels or merchandise. Every officer or other person authorized to make R. s., 3071. searches and seizures by this Title [K. S., 2517-3129] shall, at the time of executing any of the powers con- ferred upon him, make known, upon being questioned, his character as an officer or agent of the customs or Gov- ernment, and shall have authority to demand of any per- son within the distance of three miles to assist him in making any arrests, search, or seizure authorized by this Title, where such assistance may be necessary; and if such person shall, without reasonable excuse, neglect or refuse so to assist, upon proper demand, he shall be deemed guilty of a misdemeanor, punishable by a fine of not more than two hundred dollars, nor less than five dollars. It shall be the duty of the several officers of the customs R. s., 3072. to seize and secure any vessel or merchandise which shall become liable to seizure by virtue of any law respecting the revenue, as well without as within their respective districts. If any officer, or other person, executing or aiding or R. s., 3073. assisting in the seizure of goods, under any act providing for or regulating the collection of duties on imports or tonnage, is sued for anything done in virtue of the powers given thereby, or by virtue of a warrant granted by any judge, or justice, pursuant to law, he may plead the gen- eral issue and give such act and the special matter in evidence. In all cases of seizure of property subject to forfeiture R- s., 3074. for any of the causes named in any provision of law relat- ing to the customs, or for the registering, enrolling, or licensing of vessels, when, in the opinion of the collector or other principal officer of the revenue making such seiz- ure, the value of the property seized does not exceed five 190 NAVIGATION LAWS OF THE UNITED STATES. R. S., 3075. R. S., 3076. R. S., 3077. hundred dollars, he shall cause a list and particular de- scription of the property seized to be prepared in dupli- cate, and an appraisement of the same to be made by two sworn appraisers under the revenue laws, if there are such appraisers at or near the place of seizure; but if there are no such appraisers, then by two competent and disinterested citizens of the United States, to be selected by him for that purpose, residing at or near the place of seizure; which list and appraisement shall be properly attested by such collector or other officer and the persons making the appraisal. For such services of the apprais- ers they shall be allowed out of the revenue one dollar and fifty cents each, for every day necessarily employed in such service. If the amount of the appraisal of property so seized as forfeited shall not exceed the sum of five hundred dollars, the collector or other principal officer shall publish a no- tice once a week for three successive weeks in some news- paper of the county or place where such seizure shall have been made, if any newspaper shall be published in such county; but if no newspaper shall be published in such county, then such notice shall be published in some newspaper of the county in which the principal customs office of the district shall be situated; and if no news- paper shall be published in such county, then notices shall In 1 posted in proper public places, which notices shall de- scribe the articles seized, and state the time, cause, and place of seizure, and shall require any person claiming such articles to appear and file with such collector or other officer his claim to such articles within twenty days from the date of the first publication of such notice. Any person claiming the property so seized may, at any time within twenty days from the date of such publica- tion, file with the collector or other officer a claim, stating his interest in the articles seized, and, upon depositing with such collector or other officer a bond to the United States in the penal sum of two hundred and fifty dollars, with two sureties, to be approved by such collector or other officer, conditioned that, in case of the condemna- tion of the articles so claimed, the obligors shall pay all the costs and expenses of the proceedings to obtain such condemnation. Such collector or other ollicer shall trans- mit the same, with the duplicate list and description of the articles sei/cd and claimed, to the United States dis- trict attorney for the district, who shall proceed for a condemnation of the property in the ordinary mode pre- scrihed by law. If no such claim shall be filed or bond given within the twenty days ahove specified, such collector or other officer shall give not less than fifteen days' notice of the sale of the property so seized, by publication in the manner be- fore mentioned; and, at the time and place specified in PART XIV. CUSTOM^ LAWS DIRECTLY KK LATINO TO VESSELS. 191 such notice, ho shall sell at public auction the property so seized, and shall deposit the proceeds, after deducting the actual expenses of such sei/uro. publication, and sale, in the Treasury of the I'nited States, as shall he directed hy the Secretary of the Treasury. The collector, however, shall have power to adjourn such sale from time to time for a period not exceeding thirty days in all. Any person claiming to he interested in the property R. s., 3078. sold under the provisions of the preceding section may, s'v.'iot' *' within three months after such sale, apply to the Secre- tary of the Treasury for a remission of the forfeiture and a restoration of the proceeds of such sale, and the same may he granted by the Secretary upon satisfactory proof, to be furnished in such manner as he shall direct, that the applicant, at the time of the seizure and sale of the prop- erty in question, did not know of the sei/ure, and was in such circumstances as prevented him from knowing of the same, and that such forfeiture was incurred without willful negligence or any intention of fraud on the part of the owner of such property. [XoxE. In certain cases the application will be made to the Secretary of Com- merce Feb. U, 1903, sec. 10.] If no application for such remission or restoration Feb M i 3 4 >7 ibo3 shall be made within three months after such sale, the Sec.' 10.' Secretary of the Treasury [or Secretary of Commerce] shall then cause the proceeds of such sale to be distrib- uted in the same manner as if such property had been condemned and sold in pursuance of a decree of a com- petent court. Whenever seizure shall be made of any property which, R - s - 308 - in the opinion of the appraisers, is liable to perish or waste, or to be greatly reduced in value by keeping, or which cannot be kept without great disproportionate ex- pense, whether such property consists of live animals or merchandise, and when the property thus seized shall not exceed five hundred dollars in value, and when no claim shall have been interposed therefor as is hereinbefore pro- vided, the appraisers, if requested by the collector or principal officer making the seizure, at the time when such appraisal is made, shall certify on oath in their appraisal their belief that the property seized is liable to speedy de- terioration, or that the expenses of its keeping will largely reduce the net proceeds of the sale; and in case the ap- praisers thus certify, such collector or other officer may proceed to advertise and sell the same at auction, by giv- ing notice for such time as he may think reasonable, but not less than one week, of such seizure and intended sale, by advertisement as is hereinbefore provided; and the proceeds of such sale shall be deposited to the credit of the Treasurer of the United States, subject, nevertheless, to the payment of such claims as shall be presented within three months from the day of sale, and allowed by the Secretary of the Treasury. 92075 15 13 192 NAVIGATION LAWS OF THE UNITED STATES. R. S., 3081. R. S., 3083. R. S., 3086. R. S., 3063. Feb. 8, 1881. R. S., 3084. R. S., 3085. The collectors of the several districts of the United States, in all cases of seizure of any merchandise for vio- lation of the revenue laws, the appraised value of which, in the district wherein such seizure shall be made, does not exceed one thousand dollars, are hereby authorized, subject to the approval of the Secretary of the Treasury, to release such merchandise on payment of the appraised value thereof. Whenever any seizure shall be made for the purpose of enforcing any forfeiture, the collector or other person causing such seizure to be made shall immediately give information thereof to the Solicitor of the Treasury. All merchandise or property of any kind seized under the provisions of any law of the United States relating to the customs, shall, unless otherwise provided for by law, be placed and remain in the custody of the collector or other principal officer of the customs of the district in which the seizure shall be made, to abide adjudication by the proper tribunal, or other disposition according to law. 193. Exemption from forfeiture. No vessel used by any person or corporation, as common carriers, in the transaction of their business as such com- mon carriers, shall be subject to seizure or forfeiture by force of the provisions of Title thirty-four [R. S., 2517- 3129] of the Revised Statutes of the United States unless it shall appear that the owner or master of such vessel at the time of the alleged illegal act was a consent- ing party or privy thereto. 194. Procedure in cases of fines, penalties, and forfeitures. The several collectors of customs shall report within ton days to the district attorney of the district in which any fine, penalty, or forfeiture may be incurred for the viola- tion of any law of the United States relating to the revenue, a statement of all the facts and circumstances of the case within their knowledge, or which may come to their knowledge from time to time, stating the names of the witnesses, and the provisions of the law believed to be violated, and on which a reliance may he had for con- demnation or conviction. If any collector shall in any fail to report to the proper district attorney, as pre- scribed in this section, such collector's right to any com- pensation, benefit, or allowance in such case .shall he forfeited to the United States, and the same may, in the discretion of the Secretary of the Treasury, he awarded to such persons as may make complaint and prosecute the same to judgment or conviction. District attorneys, upon receiving the report of a col- lector, shall cause suit and prosecution to be commenced and prosecuted without delay for the fines and personal penalties by law in such case provided, unless upon in- PART XIV. CUSTOMS LAWS DIRECTLY UK!. ATI M; TO VESSELS. 193 (jtiiry and examination they shall decide that a conviction cannot prohahly ho obtained, or that the ends of public justice do not require that a suit or pro-edition should ho instituted, in which case they shall report the fact- to the Secretary of the Treasury for his dim-lion. K>r BS penses incurred and services rendered in prosecution for such lines and personal penalties, they shall receive such allowance as the Secretary of the Treasury shall deem just and reasonahle. upon the certificate of the judge before whom such prosecution was had. The collector w ithin whoso district any sei/ure shall be R. 8., 3087. made or forfeiture incurred for any violation of the duty laws is hereby enjoined to cause suits for the same to be commenced without delay, and prosecuted to effect; and is. moreover, authorized to receive from the court within which such trial is had, or from the proper officer thereof, the sum recovered, after deducting all proper charges to ho allowed by the court; and on receipt thereof he shall Eay and distribute the same without delay, according to iw. Whenever a vessel, or the owner or master of a vessel, R - s - 3088 - has become subject to a penalty for a violation of the rev- enue laws of the United States, such vessel shall be holden for the payment of such penalty, and may be sei/ed and proceeded against summarily by libel to re- cover such penalty. Whenever a seizure, condemnation, and sale of mer- R - s - 3089 - chandise takes place within the United States, and the value thereof is less than two hundred and fifty dollars, that part of the forfeiture which accrues to the United States, or so much thereof as may be necessary, shall be applied to the payment of the cost of the prosecution. 195. Moieties Informers' and custom officers' awards. All provisions of law under which moieties of any g^? 2 ' 1874 ' fines, penalties, or forfeitures, under the customs-revenue laws, or any share therein, or commission thereon, are paid to informers, or officers of customs, or other officers of the United States, are hereby repealed ; and from and after the date of the passage of this act the proceeds of !"?. e 29' lf all such fines, penalties, and forfeitures shall bo- paid into the Treasury of the United States. It shall hereafter be the duty of the Secretary of the ge? e 3 22 ' ll Treasury, out of any money specifically appropriated by Congress, to make suitable compensation in certain cases under the customs revenue laws, as hereinafter provided, and not otherwise; and he shall annually report to Con- gress, in detail, all payments by him for such purpose. Whenever any officer of the customs or other person sec. 4. shall detect and seize goods, wares, or merchandise, in the act of being smuggled, or which have been smuggled, he shall be entitled to such compensation therefor as the Sec- 194 NAVIGATION LAWS OF THE UNITED STATES. rotary of the Treasury shall award, not exceeding in amount one-half of the net proceeds, if any, resulting from such seizure, and deducting all duties, costs, and charges connected therewith : Pro rifled. That for the purposes of this act smuggling shall be construed to mean the act. with intent to defraud, of bringing into the United States, or, with like intent, attempting to bring into the United States, dutiable arti- cles without passing the same, or the package containing the same, through the custom house, or submitting them to the officers of the revenue for examination. And when- ever any person not an officer of the United States shall furnish to a district attorney, or to any chief officer of the customs, original information concerning any fraud upon the customs-revenue, perpetrated or contemplated, which shall lead to the recovery of any duties withheld, or of any fine, penalty, or forfeiture incurred, whether by im- porters or their agents, or by any officer or person em- ployed in the customs-service, such compensation may, on such recovery, be paid to such person so furnishing infor- mation as shall be just and reasonable, not exceeding in any case the sum of five thousand dollars: which compen- sation shall be paid, under the direction of the Secretary of the Treasury, out of any money appropriated for that purpose. Sec. 6. No payment shall be made to any person furnishing information in any case wherein judicial proceedings shall have been instituted, unless his claim to compensation shall have been established to the satisfaction of the court or judge having cognizance of such proceedings, and the value of his services duly certified by said court or judge for the information of the Secretary of the Treasury ; but no certificate of the value of such services shall be conclu- sive of the amount thereof. And when any fine, penalty, or forfeiture shall be collected without judicial proceed- ings, the Secretary of the Treasury shall, before direct- ing payment to any person claiming such compensation, require satisfactory proof that such person is justly en- titled thereto. Sec. 7. Kxcept in cases of smuggling as aforesaid, it shall not IK- lawful for .-my officer of the Tinted States, under any pretense whatever, directly or indirectly, to receive, ac- cept, or contract for any portion of the money which may, under any of the provisions of this or any other act, accrue to any such person furnishing information: and any such dlicer who shall so receive, accept, or contract for any portion of the money that may accrue as aforesaid shall be iruilty of a misdemeanor, and. on conviction thereof, snail he liable to a line not exceeding five thou- sand dollars, or imprisonment for not more than one year, or both, in the discretion of the court, and shall not he thereafter eligible to any office of honor, trust, or emolument. PAETXIV. CUSTOMS LAWS DIRK< II Y III I \TI\(i To VKSSKI.S. 195 And any such person so furnishing information as aforesaid, who shall pay to any such ollicer of the Tinted Slates, or to any person for his use. directly or indirectly, any portion of said money, or any other valuable thing, on account of or because of such money, shall ha\e a right of action against such ollicer or other person, and \\\< legal representatives, to recover back the same, or the value thereof. No ollicer. or other person entitled to or claiming com Sec. 8. pensation under any provision of this act. shall be thereby disqualified from becoming a witness in any action, suit, or proceeding for the recovery, mitigation, or remission thereof, but shall be subject to examination and cross- examination in like manner with other witnesses, without being thereby deprived of any right, title, share, or in- terest in any fine, penalty, or forfeiture to which such examination may relate; and in every such case the de- fendant or defendants may appear and testify and be ex- amined and cross-examined in like manner. 196. Procedure. In all suits and proceedings other than criminal aris- *** 5 - ing under any of the revenue-laws of the United States, the attorney representing the Government, whenever, in his belief, any business-book, invoice, or paper, belonging to or under the control of the defendant or claimant, will tend to prove any allegation made by the United States, may make a written motion, particularly describing such book', invoice, or paper, and setting forth the allegation which he expects to prove; and thereupon the court in which suit or proceeding is pending may, at its discre- tion, issue a notice to the defendant or claimant to pro- duce such book, invoice, or paper in court, at a day and hour to be specified in said notice, which, together with a copy of said motion, shall be served formally on the de- fendant or claimant by the United States marshal by delivering to him a certified copy thereof, or otherwise serving the same as original notices of suit in the same court are served; and if the defendant or claimant shall fail or refuse to produce such book, invoice, or paper in obedience to such notice, the allegations stated in the said motion shall be taken as confessed unless his failure or refusal to produce the same shall be explained to the satisfaction of the court. And if produced, the said attorney shall be permitted, under the direction of the court, to make examination (at which examination the defendant or claimant, or his agent, may be present) of such entries in said book, invoice, or paper as relate to or tend to prove the allegation aforesaid, and may offer the same in evidence on behalf of the United States. But the owner of said books and papers, his agent or attorney, shall have, subject to the order of the court, the custody of them, except pending their examination in court as aforesaid. 196 Sec. 15. Sec. 17. Sec. 18. Sec. 19. NAVIGATION LAWS OP THE UNITED STATES. It shall be the duty of any officer or person employed in the customs-revenue service of the United States, upon detection of any violation of the customs laws, forthwith to make complaint thereof to the collector of the district, whose duty it shall be promptly to report the same to the district attorney of the district in which such frauds shall be committed. Immediately upon the receipt of such complaint, if, in his judgment, it can be sustained, it shall be the duty of such district attorney to cause inves- tigation into the facts to be made before a United States commissioner having jurisdiction thereof, and to initiate proper proceedings to recover the fines and penalties in the premises, and to prosecute the same with the utmost diligence to final judgment. Whenever, for an alleged violation of the customs-rev- enue laws, any person who shall be charged with having incurred any fine, penalty, forfeiture, or disability other than imprisonment, or shall be interested in any vessel or merchandise seized or subject to seizure, when the appraised value of such vessel or merchandise is not less than one thousand dollars, shall present his petition to the judge of the district in which the alleged violation occurred, or in which the property is situated, setting forth, truly and particularly, the facts and circumstances of the case, and praying for relief, such judge shall, if the case, in his judgment, requires, proceed to inquire, in a summary manner into the circumstances of the case, at such reasonable time as may be fixed by him for that pur- pose, of which the district attorney and the collector shall be notified by the petitioner, in order that they may at- tend and show cause why the petition should be refused. The summary investigation hereby provided for may bo held before the judge to whom the petition is presented, or if he shall so direct, before any United States commis- sioner for such district, and the facts appearing thereon shall be stated and annexed to the petition, and, together with a certified copy of the evidence, transmitted to the Secretary of the Treasury, who shall thereupon havo power to mitigate or remit such fine, penalty, or forfei- ture, or remove such disability, or any part thereof, if, in his opinion, the same shall have been incurred without willful negligence or any intention of fraud in the person or persons incurring the same, and to direct the prosecu- tion, if any shall havo boon instituted for tho recovery thereof, to coaso and bo discontinued upon such terms or conditions as ho may deem reasonable and just. It shall not bo lawful for any ollicer or officers of the United Slates to compromise or abate any claim of the United State- arising under the customs laws, for any fine, penalty, or forfeit uro incurred by a violation thereof; and any ollicer or person who shall so compromise or abate any such claim, or attempt to make such compro- mise or abatement, or in any manner relieve or attempt to PART XIV. CUSTOMS LAWS DIRECTLY RELATING To VKSSKLS. 197 relieve iVoin such line, penalty, or forfeiture, shall be deemed guilty of ;i felony, and. on conviction thereof, shall Buffer imprisonment not exceeding ten years, and he lined not exceeding ten thou-and dollars. Nothing in this section shall he construed to alFect any Jan. 22, ISTB. authority, power, or right which might theretofore have heen lawfully exercised l>y any court, judge, or district attorney of the Tinted States to obtain the testimony of an accomplice in any crime against, or fraud upon the customs-revenue laws, on any trial or proceeding for a line, penalty, or forfeiture under said laws, by a discon- tinuance or dismissal, or by an engagement to discontinue or dismiss any proceedings against such accomplice. r I'or'nhd. fioirerer, That the Secretary of the Treasury June 22, 1874. shall have power to remit any fines, penalties, or forfei- tures, or to compromise the same, in accordance with ex- isting law. Whenever any application shall be made to the Secre- Sec. 20. tary of the Treasury for the mitigation or remission of any fine, penalty, or forfeiture, or the refund of any duties, in case the amount involved is not less than one thousand dollars, the applicant shall notify the district attorney and the collector of customs of the district in which the duties, fine, penalty, or forfeiture accrued; and it shall be the duty of such collector and district attorney to furnish to the Secretary of the Treasury all practicable information necessary to enable him to protect the inter- ests of the United States. 197. Oaths of masters and owners. Nothing contained in this Title [K, S., 2517-3094] shall R - s - 3094 - be construed to exempt the masters or owners of vessels from making and subscribing any oaths required by any laws of the United States not immediately relating to the collection of the duties on the importation of merchandise into the United States, PART XV. ENTRY OF MERCHANDISE. 198. Definitions. 199. Ports of entry. 200. Vessels bound to port of delivery. 201. Report and declaration of master. 202. Special inward manifest for Treasury Department. 203. Cargo in bulk. 204. Bond of cargo for reexport. 205. Inspection of merchandise laden for export. 206. Transfer of imported merchan- dise for export. 207. Delivery of cargo in various dis- tricts. 208. Vessels exempt from entry. 209. Vessels exempt from certain charges. 210. Entry of wines and distilled spirits. 211. Sea stores. 212. Coal. 213. Baggage and tools of trade. 214. Cigars. 215. Oaths. 216. Inward manifests. 217. Inspection of inward manifest by boarding officer. 218. Entry of merchandise at special ports. 219. Clearance at special ports. 220. Entry of merchandise for differ- ent port of destination. 221. Comparison of cargo and mani- fest. 222. Illegal unlading. 223. Special permit to unlade by night and preliminary entry. 224. Unlading by day. 225. Supervision of unlading. 226. Limit of time for unlading. 227. Tnlading of wines and spirits. 228. Post entry. 229. Returns of unlading of cargo. 230. Vessels in distress. 231. Obstruction by ice. 232. Unlawful removal of bonded mer- chandise. 233. Transportation in bond. 234. Transportation to special ports. 235. Immediate delivery. 236. Immediate transportation. 237. Salvage of merchandise. 238. Fraudulent importation of mer- chandise. 239. Bribery and solicitation of bribes. 240. Express packages. 241. Liens for freight or general aver- age. i: s .2766. i: s . 2767. i:. s i: s.,2769. 198 198. Definitions. The word "merchandise," .as used in this Title [R. S.. L'.MT-.'Ui^.) |. may include goods, wares, and chattels of every description capable of beinir imported. The word "port," as used in this Title | II. S.. 2617 ol-J!>|, may include any place from which merchandise can he shipped for importation, or at which merchandise can he imported, The word "master," as used iii this Title | K. S.. iJ.MT Jill".) |. may include any person ha\ inir the chief charire or command of the employment and na\ iirat ion of a vessel. In cases where the forms of nllicial documents, as pre- scrihed by this Title | K. S.. -jr. 1 7- -.", IL>!> | . shall he substan- tially complied with ami observed, according to the true intent thereof, no penalty or forfeiture shall be incurred by a deviation therefrom. PART XV. ENTRY OF MERCHANDISE. 199 199. Ports of entry. It shall not be lawful to make entry of any vessel which K s - L ' 770 - shall arrive within the United States, from any foreign I 'oil. or of the carp) on hoard such vessel, elsewhere than at one of the ports of entry designated in chapter one [R. S., 2517-2612] of this Title | K. S., 2517-;UL><) | ; nor to unlade the cargo, or any part thereof, elsewhere than at one of the ports of delivery therein designated, except that every port of entry shall be also a port of delivery. This section shall not prevent the master or commander of any vessel from making entry with the collector of any district in which such vessel may be owned, or from which she may have sailed on the voyage from which she shall then have returned. | For list of ports of entry, see par. 478, p. 527.] Vessels which are not vessels of the United States shall R - s " 2 2774 * sel, from any foreign port, at any port of the United States established by law, at which an officer of the cus- toms resides, or within any harbor, inlet, or creek thereof, in the hours of business at the office of the chief officer of the customs at such port will permit, or as soon thereafter as such hours will permit, the master shall repair to such office, and make report to the chief officer, of the arrival of the vessel; and he shall, within forty-eight hours after such arrival, make a further report in writing, to the collector of the district, which report shall be in the form, and shall contain all the particulars required to be inserted in, and verified like, a manifest. Every master who shall neglect or omit to make either of such reports and declarations, or to verify any such declaration as required, or shall not fully comply with the true intent and meaning of this section, shall, for each offense, be liable to a penalty of one thousand dollars. 200 NAVIGATION LAWS OF THE VXITKD STATES. R s. t 2775. The master of any vessel having on board distilled spirits, or wines, shall, within forty-eight hours after his arrival, whether the same be at the first port of arrival of such vessel or not, in addition to the requirements of the preceding section, report in writing to the surveyor or offi- cer acting as inspector of the revenue of the port at which he has arrived, the foreign port from which he last sailed, the name of his vessel, his own name, the tonnage and denomination of such vessel, and to what nation be- longing, together with the quantity and kinds of spirits and wines, on board of the vessel, particularizing the number of casks, vessels, cases, or other packages contain- ing the same, with their marks and numbers, as also the quantity and kinds of spirits and wines, on board such vessel as sea-stores, and in default thereof he shall be liable to a penalty of five hundred dollars and any spirits omitted to be reported shall be forfeited. R. s. t 2773. If any vessel, having arrived within the limits of any collection-district, from any foreign port, departs, or attempts to depart from the same, unless to proceed on her way to some more interior district to which she may be bound, before report or entry shall have been made by the master with the collector of some district, the master shall be liable to a penalty of four hundred dollars; and any collector, naval officer, surveyor, or commander of any revenue-cutter may cause such vessel to be arrested and brought back to the most convenient port of the United States. If, however, it is made to appear by the oath of the master, and of the person next in command. or by other sufficient proof to the satisfaction of the Collector of the district within which such vessel shall afterward come, or to the satisfaction of the court in which the prosecution for such penalty may be had. that the departure or attempt to depart was occasioned by stress of weather, pursuit or duress of enemies, or other necessity, the penalty imposed by this section shall not be incurred. 202. Special inward manifest for Treasury Department. 1 Ml KCHANDISE. 201 lector: 7V^/vVter, on making such report, he shall declare that the article* so specified as sea-stores are truly such, and are not in- tended by way of merchandise or for sale: whereupon the articles shall be free from duty. u. S.,2796. Whenever it appeal's to the collector to whom a report and manifest of Bea-Storefl are delivered, together with the naval officer, where there is one. or alone, where there is no naval officer, that the quantities of the article.-, or any part thereof, reported as sea tore-, arc excessive, the col- lector, jointly with the naval oflicer. or alone, as the case may be, may in his discretion estimate the amount of the PART XV. ENTHV OF M Klii 1 1 1 ANDISE. 205 duty on such excess: which shall U forthwith paid by the master, to the collector, on pain of forfeiting the value of such excess. 11' any other or greater (jiiantity of articles are found R.S.,2797. on board such vessel as sea-stores ihan are specified in an entry of sea-stores, or if any of the articles are landed without a permit first obtained from the collector, and naval ollicer if any, for that purpose, all such articl< are not included in the report or manifest by the master, and all which are landed without a permit, shall be for- feited, and may be seized; and the master shall moreover be liable to a penalty of treble the value of the articles omitted or landed. Sea stores and the legitimate equipment of vessels be- Mar. a, 1897. longing to regular lines plying between foreign ports and the United States delayed in port for any cause may be transferred in such port of the United States under the supervision of the customs officers from one vessel to an- other vessel of the same owner without payment of duties, but duties must be paid on such stores or equipments landed for consumption, except American products. 212. Coal. The master of any vessel propelled by steam, arriving R - s - 2798 - at any port in the United States, may retain all the coal such vessel may have on board at the time of her arrival, and may proceed with such coal to a foreign port, without being required to land the same in the United States, or to pay any duty thereon. 213. Bag-gage and tools of trade. In order to ascertain what articles ought to be ex- R. s., 2799. empted as the wearing apparel, and other personal bag- gage, and the tools or implements of a mechanical trade only, of persons who arrive in the United States, due entry thereof, as of other merchandise, but separate and distinct from that of any other merchandise, imported from a foreign port, shall be made with the collector of the dis- trict in which the articles are intended to be landed by the owner thereof, or his agent, expressing the persons by whom or for whom such entry is made, and particu- larizing the several packages, and their contents, with their marks and numbers; and the person who shall make the entry shall take and subscribe an oath before the col- lector, declaring that the entry subscribed by him and to which the oath is annexed contains, to the best of his knowledge and belief, a just and true account of the con- tents of the several packages mentioned in the entry, specifying the name of the vessel, of her master, and or the port from which she has arrived; and that such pack- ages contain no merchandise whatever other than wearing apparel, personal baggage, or, as the case may be, tools of trade, specifying it ; that they are all the property of a person named who has arrived, or is shortly expected 206 NAVIGATION LAWS OF THE UNITED STATES to arrive in the United States, and are not directly or indirectly imported for any other, or intended for sale. R. s.,2800. Whenever the person making entry of any articles as wearing apparel, personal baggage, tools, or implements, is not the owner of them, he shall give bond with one or more sureties, to the satisfaction of the collector, in a sum equal to the duties on like articles imported subject to duty, upon the condition that the owner of the articles shall, within one year, personally make an oath such as is prescribed in the preceding section. R. s., 2801. On compliance with the two preceding sections, and not otherwise, a permit shall be granted for landing such articles. But whenever the collector and the naval officer, if any, think proper, they may direct the baggage of any person arriving within the United States to be examined by the surveyor of the port, or by an inspector of the cus- toms, who shall make a return of the same; and if any articles are contained therein which in their opinion ought not to be exempted from duty, due entry of them shall be made and the duties thereon paid. R. s., 2802. Whenever any article subject to duty is found in the baggage of any person arriving within the United States, which was not, at the time of making entry for such bag- gage, mentioned to the collector before whom such entry was made, by the person making entry, such article shall be forfeited, and the person in w T hose baggage it is found shall be liable to a penalty of treble the value of such article. 214. Cigars. No cigars shall be imported unless the same are packed in boxes of not more than five hundred cigars in each box; and no entry of any imported cigars shall be allowed of less quantity than three thousand in a single package ; and all cigars on importation shall be placed in public store or bonded warehouse, and shall not be re- sec^! 7 ' 1894< move d therefrom until the same shall have been inspected and a stamp affixed to each box indicating such inspec- tion, and also a serial number to be recorded in the cus- tom-house. And the Secretary of the Treasury is hereby authorized to provide the requisite stamps, and to make all necessary regulations for carrying the above provi- sions of law into effect. 215. Oaths. R. s., 2805. All oaths to be taken upon making of any of the reports or entries, or respecting any of the acts mentioned in this chapter |K. S. 2766-2866], whether by a nmster of any el, or the owner or consignee of any merchandise, his factor or agent, or l>y any other person, shall l>e adminis- tered Hy the collector, or officer to or with whom the re- port or entry is made, and shall be reduced to writing, and subscribed by the person taking and by the person administering the oath. PART XV. ENTRY OF M Ki:ril ANDISE. 207 And such clerks and inspectors of customs MS tlic Sec- S|1 it. so, 1890. rctary of the Treasury may designate for the purj shall be authori/ed to administer oaths, such as deputy collectors of customs are no\v authori/ed to administer, and no compensation shall he paid or charge made therefor. 216. Inward manifests. No merchandise shall he brought into the United R s -- 2806 - States, from any foreign port, in any vessel unless the master has on hoard manifests in writing of the cargo, signed by such master. Kvery manifest required by the preceding section shall u s.,2807. contain: Kii-st. The name of the ports where the merchandise in such manifest mentioned were taken on board, and the ports within the United States for which the same are destined; particularly noting the merchandise destined for each port respectively. Provided, however, That the master of a vessel laden June 3 - 1892< exclusively either with sugar, coal, salt, hides, dyewoods, wool, or jute butts, consigned to one consignee, arriving at a port for orders, may be permitted to destine such cargo or determine its disposition " for orders," upon en- tering the vessel at the custom-house, and, within fifteen days afterward and before the unloading of any part of the cargo, to amend the manifest by designating the actual port of discharge of such cargo : Provided further, That in the event of failure to desig- nate the port of discharge within fifteen days such cargo must be discharged at the port where the vessel entered. Second. The name, description, and build of the vessel ; R- s., 2807. the true admeasurement or tonnage thereof; the port to which such vessel belongs; the name of each owner, ac- cording to the register of the same ; and the name of the master of such vessel. Third. A just and particular account of all the merchan- dise, so laden on board, whether in packages or stowed loose, of any kind or nature whatever, together with the marks and numbers as marked on each package, and the number or quantity and description of the packages in words at length, whether leaguer, pipe, butt, puncheon, hogshead, barrel, keg, case, bale, pack, truss, chest, box, hand-box, bundle, parcel, cask, or package, of any kind or sort, describing the same by its usual name or denomina- tion. Fourth. The names of the persons to whom such pack- ages are respectively consigned, agreeably to the bills of lading signed for the same, unless when the goods are con- signed to order, when it shall be so expressed in the manifest. Fifth. The names of the several passengers on board the vessel, distinguishing whether cabin or steerage pas- sengers, or both, with their baggage, specifying the num- ber and description of packages belonging to each respec- tively. 92075 15 14 208 NAVIGATION LAWS OF THE UNITED STATES. Sixth. An account of the sea-stores remaining, if any. it. s., 2808. jf merchandise shall be imported, destined to be deliv- ered in different districts or ports, the quantities and packages so destined to be delivered shall be inserted in successive order in the manifest; and all spirits and wines constituting the whole or any part of the cargo of any vessel shall also be inserted in successive order, dis- tinguishing the ports to which the same may be destined, and the kinds, qualities, and quantities thereof. R. s., 2809. jf anv merchandise is brought into the United States in any vessel whatever from any foreign port Avithout having such a manifest on board, or which shall not be included or described in the manifest, or shall not agree therewith, the master shall be liable to a penalty equal to the value of such merchandise not included in such mani- fest ; and all such merchandise not included in the mani- fest belonging or consigned to the master, mate, officers, or crew of such vessel, shall be forfeited. Whenever it is made to appear to the satisfaction of the collector, naval officer, and surveyor, or to the major part of them, where those officers are established at any port, or to the satisfaction of the collector alone, where either of the other of the officers is not established, or to the satisfaction of the court in which a trial shall be had concerning such forfeiture, that no part of the cargo of any vessel without proper manifests was unshipped, after it was taken on board, except such as shall have been particularly specified and accounted for in the report of the master, and that the manifests have been lost or mis- laid, without fraud or collusion, or were defaced by acci- dent, or became incorrect by mistake, no forfeiture or penalty shall be incurred under the preceding section. 217. Inspection of inward manifests by boarding- officer. R. s., 2811. Every master of any vessel laden with merchandise, and bound to any port in the United States shall, on his arrival within four leagues of the coast thereof, or within any of the bays. 1) arbors, ports, rivers, creeks, or inlets, thereof, upon demand, produce the manifests in writing, which such master is required to have on board his vessel, to such officer of the customs as first comes on board his vessel, for inspection, and shall deliver to such oilicer true copies thereof, which copies shall be provided and sub- scribed by the master, and the ollicer to whom the original manifests have been produced shall certify upon the back thereof that the same were produced, and the day and year on which the same were so produced, and that such copies were to him delivered and by him examined with the original manifest; and shall likewise certi fy upon the back of such copies the day and year on which the same were delivered, and shall forthwith transmit such copies to the respective collectors of the several district.-, to which the goods by such manifests appear respectively to be consigned. PA in' XV.- KNTIIY OK M 1 ,K( ' I I A M M SI . 209 The master of any such vessel shall in like manner pro- K. 8., 2812. duce to the officer of the customs who iirst comes on board such vessel, upon her arrival within the limits of any col lection-district in which the cargo, or any pail thereof, is intended to he discharged or landed, for his inspection, such manifest; and shall also deliver to him true copies thereof, such copies also to he provided and subscribed by the master, the production of which manifests and the delivery of which copies shall also he certified by the officer of the customs, upon the back of the original mani- fests, with the particular day and year when such mani- fests were produced to such officer, and when he so re- ceived the copies thereof; and such oilicer is required forthwith to transmit the copies of the manifest to the collector of the district; and the master shall afterward deliver the original manifests so certified to the collector. When any manifest shall be produced, upon which there shall be no certificate from any officer of the customs as before mentioned, the master producing the same shall be required to make oath that no officer has applied for, and that no indorsement has taken place on, any manifest of the cargo of such vessel. The master of any such vessel shall not be required to R - s - 2813 - make delivery of more than one copy of each manifest to the officer who shall first come on board of such vessel, within four leagues of the coast of the United States, and one other copy to such officer as shall first come on board within the limits of any collection-district, for which the cargo of such vessel, or some p&rt thereof, is destined, nor to make delivery of any such copy to any other officer; but it shall be sufficient, in respect to any such other offi- cer, to exhibit to him the original manifest and the cer- tificates thereupon. If the master of any vessel laden with merchandise, and R> s '' 2814 ' bound to any port in the United States, fails upon his arrival within four leagues of the coast thereof, or within the limits of any collection-district, where the cargo of such vessel, or any part thereof, is intended to be dis- charged, to produce such manifests as are heretofore required, in writing, to the proper officer upon demand therefor, or to deliver such copies thereof, according to the directions of the preceding sections, or if he fails to give an account of the true destination of the vessel, which he is hereby required to do, upon request of such officer, or gives a false account of such destination, in order to evade the production of the manifests, the master shall for every such neglect, refusal, or offense, be liable to a penalty of not more than five hundred dollars. If any officer first coming on board, in each case, shall neglect or refuse to certify on the back of such manifests the produc- tion thereof, and the delivery of such copies respectively as are directed to be delivered to such officer, such officer shall be liable to a penalty of five hundred dollars. The officers who may apply to the master of any such R - s - 2815 - vessel, respecting any of the provisions in the preceding 210 NAVIGATION LAWS OF THE UNITED STATES. sections, and who shall not receive full satisfaction therein, are hereby required to make a return in writing of the name of the vessel and master so offending, in any or all of the particulars required, as soon as possible, to the collector of the district to which such vessel shall be considered to be bound. Ma?'' I 83 i 4 897 Collectors and surveyors, respectively, may, whenever sec^'i5.' they judge it to be necessary for the security of the rev- enue, put an inspector of the customs on board any vessel, to accompany the same until her arrival at the first port of entry or delivery, in the district to which such vessel may be destined. If the master of any vessel shall neg- lect or omit to deposit a manifest as herein prescribed, or shall refuse to receive an inspector of the customs on board, as the case requires, he shall forfeit and pay five hundred dollars, to be recovered with cost of suit, one- half for the use of the officer with whom such manifest ought to have been deposited, and the other half to the use of the collector of the district to which such vessel may be bound. If, however, the manifest shall, in either of the above cases, have been previously delivered to any officer of the customs, pursuant to the provisions herein after made in that behalf, the depositing of a manifest shall not be necessary. 218. Entry of merchandise at special ports. R. s., 2816. AVhen any merchandise is intended to be imported from any foreign country into the port of Albany, upon the Hudson River, in New York, such merchandise may be entered at any port of entry and thereafter transported to Albany, upon compliance with sections twenty-eight hundred and twenty-five to twenty-eight hundred and thirty-one, inclusive. n. s., 2817. When any merchandise is intended to be imported from any foreign country into the port of Augusta, upon the Savannah River, in Georgia, such merchandise may be entered at the port of Savannah and thereafter trans- ported, either by the river or by railroad, to Augusta, upon compliance with sections twenty-eight hundred and twenty-five to twenty-eight hundred and thirty-one, inclusive. K. s., 2818. When any merchandise is intended to be imported from any foreign country into the port of Pilatka, upon the Saint John's River, in Florida, such merchandise may be entered at Saint John's, and thereafter transported to Pilatka upon compliance with sections twenty-eight hun- dred and twenty-five to twenty-eight hundred and thirty- one, inclusive. K BH 2819. When any merchandise is intended to be imported from any foreign country to the port of IJayport. in Florida, such merchandise may be entered at Cedar Keys, and thereafter transported t<> I'ayport. upon compliance with sections twenty-eight hundred and twenty-five to twenty- eight hundred and thirty-one, inclusive. R. s., 2820. When any merchandise is intended to be imported from ;iny foreign country into the port of Selma, upon the Ala- PART XV. ENTRY OF MERCHANDISE. 211 bama "River, in Alabama, such merchandise may be en- tered at Mobile, and thereafter transported to Selma, upon compliance with sections twenty-eight hund.vd and twenty-five to twenty-eight hundred and thirty -one, inclusive. When any merchandise is intended to he imported from U.S., 2821. any foreign country into the port of Houston, upon Buf- falo Hayou, in Texas, such merchandise may he entere-l at the port of Gal vest on and thereafter transported to Houston, upon compliance with section tw r enty-eight hun- dred and twenty-five to twenty-eight hundred and thirty - one, inclusive. When any merchandise is intended to be imported from u - s - 2822 any foreign country into either of the following ports of delivery, being ports upon the Mississippi River and its tributaries, namely, Pittsburg. in Pennsylvania; Wheel- ing, in West Virginia; Cincinnati, in Ohio; Louisville, in Kentucky; Saint Louis, in Missouri; and Nashville, in Tennessee; such merchandise may be entered at the port of New Orleans, or at either of such ports of entry on the sea-hoard as may be designated by the Secretary of the Treasury, and thereafter transported to the port of deliv- ery for which the same is intended, by such inland routes as the Secretary of the Treasury may designate, under such rules and regulations not inconsistent w r ith law as he may prescribe, in compliance with sections twenty-eight hundred and twenty-five to twenty-eight hundred and thirty-one, inclusive, and subject to the forfeitures and penalties therein mentioned. When any merchandise is intended to be imported from R. s., 2823. any foreign country into either of the following ports of delivery, namely : Parkersburg, in West Virginia ; Pa- ducah, in Kentucky: Saint Joseph and Kansas City, in Missouri ; Memphis, in Tennessee; Alton, Galena, Quincy, and Cairo, in Illinois ; Evansville, New Albany, Madison, and Jeffersonville, in Indiana; Keokuk, Dubuque, and Burlington, in Iowa; Leavenworth, in Kansas, and Omaha, in Nebraska, such merchandise may be entered at the port of New Orleans, and thereafter transported to the port of delivery for which the same is intended, in compliance with sections twenty-eight hundred and twenty-five to twenty-eight hundred and thirty-one, in- clusive,' and subject to the forfeitures and penalties therein mentioned. The importer of any merchandise destined for any of Ma?."' s the ports mentioned in the eight preceding sections shall s " 1(> deposit in the custody of the surveyor of such port of delivery a schedule of the goods so intended to be im- ported, with an estimate of their cost at the place of ex- portation, whereupon the surveyor shall make an esti- mate of the amount of duties accruing on the same, and the importer or consignee shall give bond, with sufficient sureties, to be approved by the surveyor, in double the amount of the duties so estimated, conditioned for the 212 NAVIGATION LAWS OF THE UNITED STATES. R. S., 2829. R. S., 2832. R. S., 2833. R. S., 2836. payment of the duties on such merchandise, ascertained as hereinafter directed; and the surveyor shall forthwith notify the collector at the port of entry for the collection- district to which such port of delivery is attached, of the same, by forwarding to him a copy of bond and schedule. The master or conductor of any such vessel or vehicle arriving at either of the ports named in sections twenty- eight hundred and sixteen to twenty-eight hundred and twenty-four, inclusive, on board of which merchandise shall have been shipped at such port of entry, shall, within eighteen hours next after the arrival, and previ- ously to unloading any part of such merchandise, deliver to the surveyor of such port the manifest of the same, certified by the collector, at the port of entry, and shall make oath before the surveyor that there was not, when he departed from the port of entry, any more or other merchandise on board such boat, vessel, or vehicle so im- ported than is therein mentioned. If the master of such vessel or vehicle shall neglect or refuse to deliver the manifests within the time herein directed, he shall be lia- ble to a penalty of one hundred dollars. All vessels proceeding to the ports of Natchez or Vicks- burg from any foreign port shall stop and report their arrival at the port of New Orleans ; and before any such vessel shall proceed on her voyage to Natchez or Vicks- burg the collector for the district of New Orleans shall order on board any such vessel a custom-house officer, who shall remain on board such vessel until her arrival at Natchez or Vicksburg. Such custom-house officer shall take possession of and safely keep all the papers belong- ing to such vessels having relation to the freight or cargo on board, which papers he shall deliver to the collector at Natchez or Vicksburg immediately after his arrival at that port; and any such vessel, which shall depart from New Orleans without such custom-house officer on board, shall be subject to all the pains and penalties provided for by law for a violation of the revenue laws. The expenses of the custom-house officer who may be put on board any such vessel bound for Natchez or Yicks- burg at New Orleans, from the time of his being put on board until his return to New Orleans, shall be paid by the owner of such vessel. The master of any vessel arriving within the districts of Petersburg or Richmond, laden with merchandise, belonging or consigned to persons resident within both the districts, shall make entry of such vessel, in manner already pres the collector, whose duty it shall then be to certify the same as a true copy, and to transmit it to the collector of the other district, and the delivery of such merchandise shall be authorized PART XV. ENTRY OF M l.i;c 1 1 A ND1SE. 213 by permits from the collector of each district, respec- tively, in which the same has been duly entered according to law. No importer, owner, or consignee of merchan- dise, residing in either district, shall, however, be ad- mitted to make an entry of such merchandise with the collector of the district in which such importer, owner, or consignee does not reside. All entries, moreover, for merchandise, made by agents, for persons residing in other districts, shall be made with the collector of the dis- trict in which such vessel may discharge. Vessels owned in whole or in part in the towns of s., 2520. Edgecomb and Newcastle in Maine, having entered in due form of law at the port of Wiscasset, and taken on board an officer, shall be permitted to unlade in the parts of those towns which adjoin Sheepscut River. Merchandise destined for either of the towns of Kit- R s - 2524 - tery or Berwiek, in Maine, may be, at the option of the master of the vessel, entered and permit for the delivery thereof obtained, -either in the district of Portsmouth, in the State of New Hampshire, or in the district of York, in the State of Maine. All cargoes chargeable with duties intended for de- R s - 2537 - livery at the port of Greenport, in the State of New York, shall be entered and the duties paid at the port of Sag Harbor, before permission shall be granted to dis- charge the same at Greenport. All merchandise chargeable with duties intended for R - s -> 254 - delivery at the port of Cold Spring, on the north side of Long Island, in the State of New York, or at the port of Port Jefferson, in that State, shall be entered and the duties paid at the port of New York, before permission shall be granted to discharge the same at Cold Spring or Port Jefferson. All merchandise transported in bond to the port of R-s.,2581. P>rownsville from any other port of the United States, by Brazos Harbor, may, on arrival in that harbor, be trans- shipped under such regulations, not inconsistent with law. as the Secretary of the Treasury may prescribe, in other vessels for transportation by the Rio Grande to Brownsville; and all merchandise imported into the dis- trict by Brazos Harbor, from any foreign country, may in like manner be transshipped to Brownsville as pro- vided for goods, wares, and merchandise transshipped in bond. The master of every vessel entering the Columbia River R - s " 2588 from the sea, and bound for Portland, in the district of Willamette, shall exhibit his papers to the collector of the port of Astoria, and deposit with him a sworn copy of the manifest of cargo. If the vessel is laden with do- mestic merchandise or merchandise in bond for Portland, the collector at Astoria shall permit her to proceed to her place of destination ; but if she has dutiable merchandise on board not bonded, he shall cause a customs officer to proceed on board the vessel to Portland, who shall see 214 NAVIGATION LAWS OF THE UNITED STATES. R. S., 2590. R. S., 2967. R. S., 2968. R. S., 4362. R. 8., 4363. that no goods are landed from such vessel before her arrival and entry at the latter port. The necessary expenses, including the per diem of such officer and the expense of his return to Astoria, shall be paid by the master of such vessel to the collector of customs at Port- land, for the use of the United States, before permit shall be given to unload. When a vessel shall arrive at Astoria, in the district of Oregon, from sea, having merchandise on board for that place and also for Portland, in the district of Willamette, such vessel shall enter at Astoria and discharge such por- tion of her cargo as is destined for that place, whereupon the collector shall cause her hatches to be closed and sealed, and shall then permit her to proceed to Portland in charge of a customs officer. Merchandise imported into the port of Louisville, and destined for Jeifersonville, may be landed and ware- housed at Jeffersonville, under the custody and control of the surveyor of the port of Louisville. The Secretary of the Treasury may extend the privi- leges of the provisions relating to warehouses, and the regulations of the Treasury Department relating thereto, to the port of Albany. The collector of the district of Philadelphia may grant permits for the transportation of merchandise of foreign growth or manufacture across the State of New Jersey to the district of New York, or across the State of Delaware to any district in the State of Maryland or Virginia ; and the collector of the district of New York may grant like permits for transportation across the State of New Jer- sey; and the collector of any district of Maryland or Virginia may grant like permits for transportation across the State of Delaware to the district of Philadelphia. Every such permit shall express the name of the owner, or person sending the merchandise, and of the person to whom the merchandise is consigned, with the marks, numbers, and description of the packages, whether bale, box, chest, or otherwise, and the kind of goods contained therein, and the date when granted; and the owner, or person pending such goods, shall swear that they were legally imported, and the duties paid. Where the mer- rhandise, to be so transported, shall be of less value than eight hundred dollars, the permit shall not be deemed necessary. The owner or consignee of all merchandise transported under the provisions of the preceding section and for the transportation whereof a permit is necessary, shall, within twenty- four hours after the arrival thereof at the place to which such merchandise was permitted 'to be trans- ported, report the same to the collector of the district where it has arrived, and shall deliver up the permit ac- companying the same ; and if the owner or consignee shall neglect or refuse to make due entry of such merchandise within the time and in the manner directed, all such mer- chandise shall be subject to forfeiture ; and if the permit granted shall not be given up within the time limited for PART XV. ENTRY OF MERCHANDISE. 215 making the report. the person to whom it was granted, neglecting or refusing to deliver it up, shall he liable to a penalty of iil'ty dollars for every twenty-four hours it shall be withheld afterward. 219. Clearance at special ports. Any vessel owned by or consigned to any person in the K- s., 2554. col lection-district of Richmond, and which shall be loaded, in whole or in part, in the district of Petersburg, by such owner or consignee, may be cleared by the col- lector of the district ol Richmond, on application of the owner, consignee, or captain of such vessel. All vessels clearing from Portland, in the district of R. s.,2589. AYillamette. and bound to sea, shall, on arrival at Astoria, in the district of Oregon, report to the collector; and the master of every vessel so reporting shall leave a copy of his manifest, including any additional cargo taken on boa I'd after leaving Portland, with the collector at Asto- ria, and thereupon shall be allowed to proceed to sea. The master or other person in charge or command of any vessel entering the Columbia River from the sea, or clear- ing from Portland and bound to sea as described in this section, who shall neglect to exhibit his papers, or to re- port to the collector, or to deposit his manifest, as herein required, shall be liable to a penalty of one hundred dollars. The master or person having charge or command of R. s., 4208. any steamboat on Lake Champlain, when going from the United States into the province of Quebec, may deliver a manifest of the cargo on board, and take a clearance from the collector of the district through which any such boat shall last pass, when leaving the United States, without regard to the place from which any such boat shall have commenced her voyage, or where her cargo shall have been taken on board. 220. Entry of merchandise for different port of destination. The importer, or his agent, may enter merchandise at R. s., 2826. the port of entry for the collection-district into which it is to be imported in the usual manner; and the collector shall grant a permit for the landing thereof, and cause the duties to be ascertained as in other cases, the goods remaining in the custody of the collector until reshipped for the place of destination. The collector shall certify to the surveyor at such place the amount of such duties, which the surveyor shall enter on the margin of the bond given to secure the same; and the merchandise phall be delivered by the collector to the agent of the importer or consignee, duly authorized to receive the same, for ship- ment to the place of destination. The master or conductor of every vessel or vehicle in R. s., 2827. which such merchandise shall be transported, shall, pre- viously to departure from the port of entry, deliver to the collector duplicate manifests of such merchandise, speci- fying the marks and numbers of every case, bag, box, chest, or package, containing the same, with the name and place of residence of every importer or consignee of such 216 NAVIGATION LAWS OF THE UNITED STATES. merchandise, and the quantity shipped to each, to be by him subscribed, and to the truth of which he shall swear, and that the merchandise has been received on board his vessel or vehicle, stating the name of the agent who shipped the same; and the collector shall certify the facts, on the manifests, one of which he shall return to the master, with a permit thereto annexed, authorizing him to proceed to the place of his destination. R. s., 2828. If any vessel or vehicle having such merchandise on board shall depart from the port of entry without having complied with the provisions of the preceding section, the master or conductor thereof shall be liable to a penalty of five hundred dollars. 221. Comparison of cargo and manifest. R. s., 2830. The surveyor at the port of delivery shall cause the casks, bags, boxes, chests, or packages, to be inspected, and compared with the manifests, and the same being identified he shall grant a permit for unloading the same, or such part thereof as the master or conductor shall re- quest; and when a part only of such merchandise is in- tended to be landed the surveyor shall make an indorse- ment on the back of the manifests, designating such part, specifying the articles to be landed, and shall return the manifests to the master or conductor, indorsing thereon his permission to such vessel or vehicle to proceed to the place of its destination. 222. Illegal unlading. R. s., 2867. if a f ter t^ alT i va i O f an y vessel laden with merchan- dise and bound to the United States, within the limits of any collection-district, or within four leagues of the coast, any part of the cargo of such vessel shall be unladen, for any purpose whatever, before such vessel has come to the proper place for the discharge of her cargo, or some part thereof, and has been there duly authorized by the proper officer of the customs to unlade the same, the master of such vessel and the mate, or other person next in com- mand, shall respectively be liable to a penalty of one thousand dollars for each such offense, and the merchan- dise so unladen shall be forfeited, except in case of some unavoidable accident, necessity, or distress of weather. In case of such unavoidable accident, necessity, or dis- tress, the master of such vessel shall give notice to, and. together with two or more of the officers or mariners on hoard such vessel, of whom the mate or other person next in command shall he one, shall make proof upon oath before the collector, or other chief ollicer of the. customs of the district, within the limits of which such accident, necessity, or distress happened, or before the collector, or other chief ollicer of the collection-district, within the limits of which such vessel shall first afterward arrive, if the accident, necessity, or distress happened not within the limits of any district, but within four leagues of the PART XV. - ENTRY OF M l.KC 1 1 A N D1SI . t> 1 7 coast of the 1'nited States. The collector, or other chid' ollicer. is hereby aiithori/ed and required to administer such oath. If any merchandise, so unladen from on board any i:.s.i868. such vessel, shall he put or received into any other vessel. except in the case of such accident, necessity, or dislr to he so notified and proved, the master of any such vessel into which the merchandise shall be so put and received. and every other person aiding and assisting therein, shall be liable to a penalty of treble the value of the merchan- dise, and the vessel in which they shall be so put shall be forfeited. 223. Special permit to unlade by night and preliminary entry. Upon arrival at any port in the United States of any R. s.,Ls7i. *"' vessel or other conveyance from a foreign port or place, FeEf i.' ilm! either directly or by way of another port in the Unitecl States, or upon such arrival from another port in the United States of any vessel or other conveyance belong- ing to a line designated by the Secretary of the Treasury as a common carrier of bonded merchandise, and, after due report and entry of such vessel in accordance with existing law or due report, under such regulations as the Secretary of the Treasury may prescribe, of the arrival of such other conveyances, the collector of customs, with the concurrence of the naval officer at ports where there is a naval officer, shall grant, upon proper application therefor, a special license to lade or unlade the cargo of any such vessel or other conveyance at night; that is to say, between sunset and sunrise. The master of any vessel from a foreign port or place, Sec. a. upon arrival within a customs collection district of the United States, bound to a port of entry in such district, may make preliminary entry of the vessel by making oath or affirmation to the truth of the statements con- tained in his original manifest and delivering his said original manifest to the customs officer who shall board such vessel within such district, with a copy of said original manifest for the use of the naval officer at ports where there is a naval officer; whereupon, upon arrival at the wharf or place of discharge, the lading or unlading of the cargo of such vessel may proceed, by both day and night, under such regulations as the Secretary of the Treasury may prescribe. Before any such special license to lade or unlade at sec. 3. night shall be granted and before any permit shall be issued for the immediate lading or unlading of any such vessel after preliminary entry, as hereinbefore provided. either by day or by night the master, owner, agent, or consignee of such vessel or other conveyance shall make proper application therefor and shall at the same time execute and deliver to the United States, through the col- 218 NAVIGATION LAWS OF THE UNITED STATES. lector of customs, a good and sufficient bond, in a penal sum to be approved by the said collector, conditioned to indemnify and save the United States harmless from any and all losses and liabilities which may occur or be occa- sioned by reason of the granting of such special license or the issuing or granting of such permit for immediate lading or unlading; or the master, owner, agent, con- signee, or probable consignee, as aforesaid, may execute and deliver to the United States, in like manner and form, a good and sufficient bond, in the penal sum of fifty thousand dollars, conditioned to indemnify and save the United States harmless from any and all losses and lia- bilities which may occur or be occasioned by reason of the granting of such special licenses and the issuing or grant- ing of such permits for immediate lading or unlading by day and night during a period of six months. sec. 4. Such application having been duly made and the re- quired bond having been duly executed and delivered, special license or licenses to lade or unlade at night after regular entry of vessels, and due report of other convey- ances, may be granted, and a permit or permits may be issued for the immediate lading and unlading, by day and night, of vessels admitted to preliminary entry, or of other conveyances of which due report of arrival has been made: Provided, That the provisions of this Act shall extend and be applicable to any vessels or other convey- ances bound to a port of entry in the United States to be unladen at a port of delivery or to be unladen at a place of discharge designated by the Secretary of the Treasury under the provisions of section twenty-seven hundred and seventy-six of the Revised Statutes as amended : Provided further, That when preliminary entry of a vessel shall be made by the master as herein provided he shall not be relieved from making due report and entry of his vessel at the customhouse in accordance with existing law, and any liability of the master or owner of any such vessel to the owner or consignee of any merchandise landed from her shall not be affected by the granting of such special license, but such liability shall continue until the merchan- dise is properly removed from the dock whereon the same may be landed. Sec. 5. 't'he Secretary of the Treasury shall fix a reasonable rate of extra compensation for night services of inspec- tors, storekeepers, weighers, and other customs officers and employees in connection with the lading or unlading of cargo at night, or the lading at night of cargo or mer- chandise for transportation in bond or for exportation in bond, or for the exportation with benefit of drawback, but such rate of compensation shall not exceed an amount equal to double the rate of compensation allowed to each such officer or employee for like services rendered by day. the said extra compensation to be paid by the master, PART XV. ENTRY OF MERCHANDISE. 219 owner, silent, or consignee of such vessel or other convey- ance, whenever such special license or permit for immedi- ate lading or unlading or for lading or unlading at night or on Sundays or holidays shall be granted, to the oolfec- tor of customs, who shall pay the same to the several cus- toms ollicers and employees entitled thereto according to the rates fixed therefor by the Secretary of the Treasury. Customs ollicers acting as boarding officers, and any cus- toms officer who may be designated for that purpose by the collector of customs, are hereby authorized to admin- ister the oath or affirmation herein provided for, and such boarding officers shall be allowed extra compensation for se i- vices in boarding vessels at night or on Sundays or holidays at the rate prescribed by the Secretary of the Treasury as herein provided, the said extra compensation to be paid by the master, owner, agent, or consignee of such vessels. 224. Unlading by day. Except as authorized by the preceding section, no mer- ** s - 2872 - chandise brought in any vessel from any foreign port shall be unladen or delivered from such vessel within the United States but in open day that is to say, between the rising and the setting of the sun except by special license from the collector of the port, and naval officer of the same, where there is one, for that purpose, nor at any time without a permit from the collector, and naval officer, if any, for such unlading or delivery. When the license to unload between the setting and ris- gec e 25' 188 ing of the sun is granted to a sailing vessel under this section, a fixed, uniform, and reasonable compensation may be allowed to the inspector or inspectors for service between the setting and rising of the sun, under such regulations as the Secretary of the Treasury may pre- scribe, to be received by the collector from the master, owner, or consignee of the vessel, and to be paid by him to the inspector or inspectors. If any merchandise shall be unladen or delivered from R. s., 2873. any vessel contrary to the preceding section, the master of such vessel, and every other person who shall know- ingly be concerned, or aiding therein, or in removing, storing, or otherwise securing such merchandise, shall each be liable to a penalty of four hundred dollars for each offense, and shall be disabled from holding any office of trust or profit under the United States, for a term not exceeding seven years; and the collector of the district shall advertise the name of such person in a newspaper printed in the State in which he resides, within twenty days after each respective conviction. All merchandise, so unladen or delivered contrary to R - s 2874 - the provisions of section twenty-eight hundred and sev- 220 NAVIGATION LAWS OF THE UNITED STATES. enty-two, shall become forfeited, and may be seized by any of the officers of the customs; and where the value thereof, according to the highest market price of the same, at the port or district where landed, shall amount to four hundred dollars, the vessel, tackle, apparel, and furniture shall be subject to like forfeiture and seizure. 225. Supervision of unlading. R. s. t 2875. The collector of any district at which any vessel ar- rives, immediately on her first coming within such dis- trict, or the surveyor of any port where such vessel is, may put and keep on board such vessel, while remaining within such district, or in going from one district to an- other, one or more inspectors to examine the cargo or contents of such vessel, and to superintend the delivery thereof, or of so much thereof as shall be delivered within the United States, and to perform such other duties ac- cording to law, as they shall be directed by the collector, or surveyor, to perform for the better securing the col- lection of the duties. Only collectors shall have power, however, to put inspectors on board vessels to go from one district to another. it. s. f 2876. The inspector shall make known to the master of such vessel the duties he is to perform; and shall suffer no merchandise to be unladen, or otherwise removed from such vessel, without a permit in writing from the collector of the port, and naval officer thereof, if any. The in- spector shall enter in a book, to be by him kept according to such a form as shall be prescribed or approved by the collector, the name of the person in whose behalf such permits are granted, together with the particulars therein specified, and the marks, numbers, kinds, and descrip- tion of the respective packages which shall be unladen pursuant thereto, and shall keep a like account in the book of all merchandise which, not having been entered within the time limited by this Title [R. S., 2517-3129], or for some other cause., has been sent to the store or ware- house provided for the reception of such merchandise; such book shall be delivered to the surveyor in the month of January in every year for his inspection, and immedi- ately after such inspection be transmitted by the sur- veyor, with such observations as he may think necessary thereon, to the collector, to he deposited in his ollice. K s., 2877. The inspector shall attend to the delivery of the cargo under his care, at all times when the unlading or delivery of merchandise is lawful, particularly from the rising to the setting of the sun on each day, Sundays ami the fourth day of July in each year excepted : for which pur- pose he shall constantly attend and remain on hoard the -I. the deliveries from which he is to superintend, or at any other station where his inspection is necessary- The inspector shall not quit such station or place without the leave of the surveyor of the port first obtained, who shall PAKT XV. KNTI{\ OK M Ki;< ' 1 1 A M >I 221 appoint another inspector, if he deems it necessary, to supply tlu 1 place of such inspector during his absci and any inspector who shall neglect or in any manner ad contrary to the duties hereby enjoined, shall for the first offense he liable to a penalty of the sum of fifty dollars, and for the .second ofl'ense shall be displaced, and be in- capable of holding any station of trust or profit under the revenue laws of the Tinted States, for a term not exceeding seven years. No inspector shall perform any other duties or service K.S., 2878. on hoard any vessel, the superintendence of which is com milled to him for anv person whatever, other than what is required by this title | K. S., '2:> 17-3129], under the penalty of being disabled from acting any longer as an inspector of the customs; the wages or compensation of such inspector as may proceed from one district to an- other, shall be defrayed by the master of the vessel com- mitted to his care; every inspector or other officer of the revenue, while performing any duty on board any vessel, not in a port of the United States, discharging her cargo, shall be entitled to receive from the master of such vessel such provisions and accommodations as are usually sup- plied to passengers, or as the state and condition of such vessel will admit, on receiving therefor fifty cents a day ; and any master of any vessel who shall refuse such pro- visions and reasonable accommodations shall be liable to a penalty of one hundred dollars. If, by reason of the delivery of the cargo in several dis- R. s., 2379. tricts, more than the term allowed by law shall in the whole be spent therein, the wages or compensation of the inspector who may be employed on board of any vessel, in respect to which such term may be so exceeded, shall, for every day of such excess, be paid by the master or owner; and the inspector shall, previously to the clear- ance of the vessel, render an exact account to the collec- tor of all such compensation as has been paid, or is due and payable by the master or owner. The inspector who may be put on board of any vessel R- s - 3070. shall secure, after sunset in each evening, or previous to his quitting the vessel, the hatches and other communica- tions with the hold of such vessel, or any other part thereof he may judge necessary, with locks or other proper fastenings, which locks or other fastenings shall not be opened, broken, or removed until the morning fol- loAving, or after the rising of the sun, and in the presence of the inspector by whom the same were affixed, except by special license from the collector of the port, and the naval officer, if any, first obtained. If the locks or other fastenings, or any of them, are broken or removed con- trary to this section, or, if any merchandise or packages are clandestinely landed, notice thereof shall be immedi- ately given by the inspector to the collector and naval 222 NAVIGATION LAWS OF THE UNITED STATES. officer, if any, of the port where the vessel may be; and the master of such vessel shall, for each or every such offense, be liable to a penalty of five hundred dollars, def xeC Ma i r e 3", Merchandise shall not be entered or delivered from 1913. ' customs custody elsewhere than at one of the ports of entry hereinbefore designated, except at the expense of the parties in interest, upon express authority from the Secretary of the Treasury and under conditions to be prescribed by him. When it shall be made to appear to the Secretary of the Treasury that the interests of com- merce or the protection of the revenues so require, he may cause to be stationed at places in the various collection districts, though not named as ports of entry, officers or employees of the customs with authority to enter and clear vessels, to accept entries of merchandise, to collect duties, and to enforce the various provisions of the cus- toms and navigation laws. [For list of ports of entry, see par. 478, p. 527.] 226. Limit of time for unlading. May'V 8 i896 Whenever any merchandise shall be imported into any port of the United States from any foreign port, in any vessel, at the expiration of ten working days if the vessel is less than five hundred tons register, and within fifteen working days if it is of five hundred tons register and less than one thousand, and within twenty working days if it is of one thousand tons register and less than fifteen hundred, and within twenty-five working days if it is of fifteen hundred tons register and upward, not including legal holidays and days when the condition of the weather prevents the unlading of the vessel with safety to its cargo, after the time within which the report of the master of any vessel is required to be made to the col- lector of the district, if there is found any merchandise other than has been reported for some other district or some foreign port, the collector shall take possession thereof; but with the consent of the owner or consignee of any merchandise, or with the consent of the owner or master of the vessel in which the same may be imported. the merchandise may be taken possession of by the col- lector a 1'ter one day's notice to the collector of the district. All merchandise so taken shall be delivered pursuant to the order of the collector of the district, for which a cer- tificute or receipt shall be granted. June 3 88 i89 f ^ l( ' l' ln 'tati<>n of time for unlading, prescribed by the Sec. 2. ' " preceding section, shall not extend to vessels laden exclu- sively with coal, salt, sugar, hides, dyewoods, wool, or jute butts, consigned to one consignee, arriving at a port for orders; but if the master of any such vessel requires a longer time to discharge her cargo, the wages or compen- sation of the inspector, for every day's attendance ex- ceeding the number of days allowed by law, shall be paid by the master or owner; and thereupon the collector is hereby authorized and required to allow such longer time, not exceeding fifteen days. PART XV. ENTRY (K M KKi'll AMU- 223 All merchandise of which the collector shall lake pos- u s., 2060. session under the provisions relating to the time for the discharge of a vessel's cargo shall he kept with due and reasonable care at the charge and risk of the owner. 227. Unlading of wines and spirits. K\ery permit for the unlading of spirits, wines, or any K s., 2883. part thereof, shall, previous to such landing or unlading thereof, be produced to the ollicer of inspection, who shall record or register in proper hooks the contents thereof, and shall indorse thereupon the word " Inspected," the time when, and his own name: after which he shall return the permit to the person by whom it was produced, and then, and not otherwise, it shall he lawful to land the spirits, or wines, therein specified; and if spirits or wines snail be landed without such indorsement upon the permit granted for that purpose, the master of the vessel from which the same shall have been so landed shall for every such offense be liable to a penalty of five hundred dollars, and the spirits or wines so landed shall be forfeited. A 1 1 distilled spirits, and wines, shall be landed under R- s., 2884. the inspection of the surveyor, or other officer acting as inspector of the revenue for the port, and such of the in- spectors of the customs as shall be deputed by him for that purpose, and not otherwise, on pain of forfeiture thereof, for which purpose the officer shall at all reason- able times attend. This shall not, however, be construed to exclude the inspection of any officer of the customs, as now or heretofore practiced. 228. Post entry. If any package whatever which has been so reported is R s. f 2887. wanting, and not found on board such vessel, or if the merchandise on board such vessel does not otherwise agree with the report or manifest delivered by the master of any such vessel, in every such case the master shall be liable to a penalty of five hundred dollars; except that if it is made to appear to the satisfaction of the collector, naval officer, and surveyor, or to the major part of them where those officers are established at any port, or to the satisfaction of the collector alone where neither of the others is established, or in case of trial for the penalty, to the satisfaction of the court, that no part whatever of merchandise of such vessel has been unshipped, landed, or unladen since it was taken on board, except as speci- fied in the report or manifest, and pursuant to permits, or that the disagreement is by accident or mistake, in such case the penalty shall not be inflicted. But in all such cases the master of any vessel shall be required and shall make a post entry or addition to the report or mani- fest by him delivered of any and all merchandise omitted to be included and reported in such manifest ; and it shall not be lawful to grant a permit to unlade any such mer- chandise so omitted before such post entry or addition to such report or manifest has been made. 92075 15 15 224 NAVIGATION LAWS OF THE UNITED STATES. R. S., 2888. R. S., 2889. R. S., 2891. 229. Returns of unlading- of cargo. When the delivery of merchandise from on board of any vessel is completed, copies of the accounts or entries which have been kept or made thereof, by the officer charged with the deliveries, shall be returned to the col- lector of the district, and the naval officer, if any, "within three days after such delivery has been completed, if at the port where such officer resides, and if at any other port as soon as the nature of the case will admit, not ex- ceeding fifteen days. The accounts or entries to be so returned shall comprise all deliveries made pursuant to permits, and all packages or merchandise sent to the public stores ; also each and every package remaining on board of such vessel for the purpose of being exported therein to a foreign port, or to some other district of the United States. Such returns shall be signed by the inspectors respec- tively under whose superintendence the deliveries have been made; and, after examination, and on being found correct, shall be countersigned or certified by the sur- veyor of the port, if any, at the port where the deliveries have been made. The returns shall be transmitted by him to the naval officer, if any; who shall compare the same with the manifests and entries in his possession; and if any difference appears, the particulars thereof shall be noted by indorsement on the returns; and if no difference appears, it shall be so noted by like indorse- ments. The naval officer shall transmit the returns to the collector of the district ; and on being returned to the collector, shall be by him compared with the manifests and entries of the merchandise, which have been made by the owner, consignee, or his factor or agent ; and if any difference appears, the same shall be noted by indorse- ment on such manifests, specifying the particulars thereof; and if no difference appears, it shall be noted by like indorsement, that the delivery corresponds Avith the entry or entries thereof. The indorsement or memoran- dum shall, in each case, be subscribed by the officer by whom the comparison was made. 230. Vessels in distress. If any vessel from any foreign port, compelled by dis- tress of weather, or other necessity, shall put into any port of the United States, not heinir destined for tin- same, the master, together with the mate or person next in command, may. within twenty-four hours after her arrival, make protest in the usual form upon oath, be- fore a notary public or other person duly authorized, or before the collector of the district where the vessel arrives, setting forth the cause or circumstances of such distress or necessity. Such protest, if not made before the collector, shall be produced to him. and to the naval officer, if any, and a copy thereof lodged with him or them. The master shall also, within forty-eight hours after such arrival, make report in writing to the collector, of the vessel and her cargo, as is directed hereby to be PART XV. ENTKY OF M KH( ' 1 1 A X IH, 225 done in other cases. And if it appear to the collector, by the certificate of the wardens of the port, or other officers usually charged with, and accustomed to ascertain the condition of vessels arriving in distiTss.il' any, or by the certificate of two reputable merchants, to be named for that purpose by the collector, if there are no such wardens, or other officers duly qualified, that the IT is a necessity for unlading the vessel, the collector and naval officer, if any, shall grant a permit for that purpose, and shall appoint an inspector to oversee such unlading, who shall keep an account of the same, to be compared with the report made by the master of the vessel. All merchandise so unladen from any vessel arriving in u. s., 2302. distress shall be stored under the direction of the collec- tor, who, upon request of the master of such vessel, or of the owner thereof, shall, together with the naval officer, where there is one, and alone where there is none, grant permission to dispose of such part of the cargo as may be of a perishable nature, if any there be, or as may be neces- sary to defray the expenses attending such vessel and her cargo. But entry shall be made therefor, and the duties paid. In case the delivery of the cargo does not agree with the R. s., 2893. report thereof, made by the master of such vessel so arriv- ing in distress, and if the difference or disagreement is not satisfactorily accounted for in manner prescribed by this Title [R. S., 2517-3129], the master of such vessel shall be liable to such penalties as in other like cases are pre- scribed. The merchandise, or the remainder thereof, which shall R s., 2894. not be disposed of, may be reladen on board the vessel so arriving in distress, under the inspection of the officei^who superintended the landing thereof, or other proper -per- son; and the vessel may proceed with the same to the place of her destination, free from any other charge than for the storing and safe-keeping of the merchandise, and fees to the officers of the customs as in other cases. Whenever any Spanish vessel shall arrive in distress, in R. s., 2895. any port of the United States, having been damaged on the coasts or within the limits of the United States, and her cargo shall have been unladen, in conformity with the provisions of the four preceding sections, the cargo, or any part thereof, may, if the vessel should be condemned as not seaworthy, or be deemed incapable of performing her original voyage, afterward be reladen on board any other vessel under the inspection of the officer who super- intended the landing thereof, or other proper person. No duties, charges, or fees whatever, shall be paid on such part of the cargo as may be reladen and carried away, either in the vessel in which it was originally imported, or in any other. 231. Obstruction by ice. When a vessel is prevented by ice from getting to the u. s.,i>s90. port or place at which her cargo is intended to be deliv- 226 NAVIGATION LAWS OF Till; 1 M TED STATES. ered, the collector of the district in which such vessel may be obstructed may receive the report and entry of such vessel, and, with the consent of the naval officer, w T here there is one, grant permits for unlading or landing the merchandise imported in such vessel, at any place within his district, most convenient and proper. The report and entry of such vessel, and her cargo, or any part thereof, and all persons concerned therein, shall be subject to the same regulations and penalties as if the vessel had ar- rived at the port of her destination, and had there pro- ceeded to the delivery of her cargo. 232. Unlawful removal of bonded merchandise. R. s., 2998. Any person maliciously opening, breaking, or entering by any means whatever, any car, vessel, vehicle, ware- house, or package containing any such merchandise so delivered for transportation, or removing, injuring, break- ing, or defacing any lock or seal placed upon sudi car, vessel, vehicle, warehouse, or package, or akling, abetting, or encouraging any other person or persons so to remove, break, injure, or deface such locks or seals, or to open, break, or enter such car, vessel, or vehicle, with intent to remove or cause to be removed unlawfully any merchan- dise therein, or in any manner to injure or defraud the United States ; and any person receiving any merchandise unlawfully removed from any such car, vessel, or vehicle, knowing it to have been so unlawfully removed, shall be guilty of felony, and in addition to any penalties hereto- fore prescribed shall be punishable by imprisonment for not less than six months nor more than two years. 233. Transportation in bond. it. s., 3000. Any merchandise, duly entered for warehousing, may be withdrawn under bond, without payment of the duties, from a bonded warehouse in any collection-district, and be transported to a bonded warehouse in any other col- lection-district, and rew r arehoused thereat; and any such merchandise may be so transported to its destination wholly by land, or wholly by water, or partially by land and partially by water, over such routes as the Secretary of the Treasury may prescribe, and may likewise be con- veyed over any foreign territory, the government of which may have, or shall by treaty stipulations grant, a free right of way over such territory. u. s., .-{ooi. The Secretary of the Treasury shall prescribe the form of the bond to" be given for tlie transportation H' mer- chandise from a port in one collection-district to a port in another collection-district as provided in the pre- ceding section; also the time for such delivery; and for a failure to transport and deliver within the time limited any such bonded merchandise to the collector at the des- ignated port, a duty of double the amount to which such merchandise would be liable shall be collected, which duty shall he secured by such bond, or the merchandise may be seized and forfeited for such failure, and any PART XV. EN THY <>F MBBCHANDI8K, steam or other vessel, or vehicle, transporting such bonded merchandise, the master, owner, or conductor of which shall fail to deliver the same to the collector nt tlie desig- nated port, shall be liable to sei/iire and forfeiture. And the Secretary of the Treasury is hereby aulhori/ed to remit, in whole or in part, on such conditions and under such regulations, not inconsistent with law, as he may prescribe, the additional duty secured by the bond given for the transportation of merchandise from a port in one collection-district to a port in another collection-district prescribed by the preceding section: Provided, That it shall be proved to the satisfaction of the Secretary of the Treasury that the failure to transport and deliver the merchandise aforesaid according to the conditions of the bonds occurred without willful negligence or fraudulent intent on the part of the obligors. 234. Transportation to special ports. Any imported merchandise in the original packages R. s., 3002. which shall have been duly entered and bonded, in pursu- ance of the provisions relating to warehouses, may be withdrawn from warehouse for immediate exportation, without payment of duties, to Chihuahua, in Mexico, by the route of the Arkansas River, through Van Buren, or by the route of the Red River, through Fulton, or by the route of the Missouri River, through Independence, or by such other routes as may be designated by the Secretary of the Treasury. Any imported merchandise duly entered and bonded at Brownsville, in the district of Brazos de Santiago, or imported and bonded at any other port of the United States, and transported thence in bond, and duly rewarehoused at Brownsville, may be withdrawn from warehouse for immediate exportation, without pay- ment of duties, to ports and places in Mexico, by land or water, or partly by land and partly by water, or by such routes as may be designated by the Secretary of the Treasury. Any imported merchandise duly entered and bonded in H. s., soos. any port of the United States may be withdrawn from warehouse without payment of duties, for immediate exportation for San Fernando, Paso del Norte, and Chi- huahua, in Mexico, through the port of Lavaca, in the collection-district of Saluria, in the State of Texas, and be transshipped inland, thence to San Antonio, in that State, and from the latter place to the destinations in Mexico, either by way of Eagle Pass, the Presidio del Norte, or San Elizario, all on the Rio Grande; and the Secretary of the Treasury is hereby authorized to pre- scribe such regulations, not inconsistent with law, as he may deem proper and necessary, respecting the packing, marking, inspection, proof of due delivery at their foreign destinations of the imports authorized by this and the foregoing section to be exported from warehouse to ports and places in Mexico, and for the due protection in other respects of the public revenue. 228 NAVIGATION LAWS OF THE UNITED STATES. R. S., 3005. May 21, 1900. Sec. 2. se S t'^5i890 Imported merchandise duly entered and bonded at a ' port of the United States, and withdrawn from ware- house in accordance with existing law, for exportation for San Fernando, Paso del Norte, and Chihuahua, in Mexico, may pass through Eagle Pass, the port of entry for the district of Saluria, in Texas, under such regula- tions as the Secretary of the Treasury shall prescribe, as well as through the port of Lavaca. R. s., 3005. All merchandise arriving at the ports of New York, Boston, Portland in Maine, or any other port specially designated by the Secretary of the Treasury, and destined for places in the adjacent British provinces, or arriving at the port of Brownsville in Texas, or any other port specially designated by the Secretary of the Treasury, and destined ^or places in the republic of Mexico, may be entered at the custom-house, and conveyed, in transit, through the territory of the United States, without the payment of duties, under such regulations as the Secre- tary of the Treasury may prescribe. All merchandise arriving at any port of the United States destined for any foreign country may be entered at the custom-house, and conveyed, in transit, through the territory of the United States, without the payment of duties, under such regulations as to examination and transportation as the Secretary of the Treasury may pre- scribe. R. s., 3006. Imported merchandise in bond, or duty paid, and products or manufactures of the United States, may, with the consent of the proper authorities of the British prov- inces or republic of Mexico, be transported from one port in the United States to another port therein, over the territory of such provinces or republic, by such routes, and under such rules, regulations, and conditions as the Secretary of the Treasury may prescribe; and the mer- chandise so transported shall, upon arrival in the United States from such provinces or republic, be treated in re- gard to the liability to or exemption from duty, or tax, as if the transportation had taken place entirely within the limits of the United States. R. s.,3C07. Railroad-cars or other vehicles laden with merchandise 1 . sealed by a customs officer, passing, under the provisions of the preceding section and the regulations of the Sec- retary of the Treasury, from one port in the United States to another therein, through foreign contiguous territory, shall be exempt from the payment of any fees for receiving or certifying manifests thereof. -.008. No merchandise exported to Mexico or the British North American Provinces shall be voluntarily landed or brought into the United States: and any so landed or brought into the United States shall be forfeited: and the same proceeding shall be had for its condemnation, and ihe distribution of the proceeds of the sales, as in other cases of forfeiture of merchandise illegally im- ported. Every person concerned in the voluntary land- P.MIT XV. KNTIM <>K M I-.IIC 1 1 A \ DIST. 229 ing Or bringing SUCh merchandise into (he United States shall be liable to a penalty of four hundred dollars. 235. Immediate delivery. When merchandise shall he imported into any port of R. a.. 2000. the United States from any foreign count rv in vessels, s!'." and it shall appear by the bills of lading that the mer- chandise so imported is to be delivered immediately after the entry of the' vessel, the collector of such port may take possession of such merchandise and deposit the same in bonded warehouse; and when it does not appear by the bills of lading that the merchandise so imported is to be immediately delivered, the collector of the customs may lake possession of the same, and deposit it in bonded warehouse, at the request of the owner, master, or con- signee of the vessel, on three days' notice to such collector after the entry of the vessel. 236. Immediate transportation. When any merchandise, other than explosive articles, June 10, isso. and articles in bulk not provided for in section five of this J act, imported at the ports of Alburg, Vt. Ashtabula, Ohio. Astoria, Oreg. Baltimore, Md. Bangor, Me. Bath, Me. Bay City, Mich. Beecher Falls, Vt. Blaine, Wash. Boston, Mass. Brownsville, Tex. Brunswick, Ga. Buffalo, N. Y. Burlington, Vt. Calais, Mo. Charleston. S. C. Chicago, 111. Cleveland, Ohio. Detroit, Mich. Duluth, Minn. Eagle Pass, Tex. Eastport, Idaho. Eastport, Me. El Paso, Tex. Everett, Wash. Fernandina, Fla. Fort Covington, N. Y. Galveston, Tex. Gladstone, Mich. Honolulu, Hawaii. Island Pond, Vt. Key West, Fla. Knights Key, Fla. Laredo, Tex. Los Angeles, Cal. Lowell town (or Holeb),Me. Malone, N. Y. Marquette, Mich. Miami, Fla. Milwaukee, Wis. Mobile, Ala. Neche, N. Dak. New London, Conn. New Orleans, La. Newport. Vt. Newport News, Va. New York, N. Y. Niagara Falls, N. Y. Nogales, Ariz. Norfolk, Va. Nyando, N. Y. Ogdensburg, N. Y. Pembina, N. Dak. Pensacola, Fla. Philadelphia, Pa. Port Huron, Mich. Portal, N. Dak. Port Arthur, Tex. Portland, Me. Portland, Oreg. Port Townsend, Wash. Providence, R. I. Ranier, Minn. Richford, Vt. Rochester, N. Y. Rouses Point, N. Y. St. Albans, Vt. St. John, N. Dak. St. Vincent (No yes), Minn. San Diego, Cal. San Francisco, Cal. Sault Sic. Marie, Mich. Savannah, Ga. Seattle, Wash. Sioux City, Iowa. Strains. Wash. Tacoma, Wash. Tampa, Fla. Texas City, Tex. Toledo, Ohio. Van Buren, Me. Vanceboro, Mo. Walhalla, N. Dak. Wilmington, N.C. shall appear by the invoice or bill of lading and manifest of the importing vessel to be consigned to and destined for either of the ports specified in the seventh section of this act, the collector at the port of arrival shall allow the said merchandise to be shipped immediately after the entry prescribed in section two of this act has been made. The collector of the port of first arrival shall retain in June^io, isso. his office a permanent record of such merchandise so to be Sec * 2> forwarded to the port of destination, and such record 230 NAVIGATION LAWS OF THE UNITED STATES. shall consist of a copy of the invoice and an entry whereon the duties shall be estimated as closely as possible on the merchandise so shipped, but no oaths shall be required on the said entry. Such merchandise shall not be subject to appraisement and liquidation of duties at the port of first arrival, but shall undergo such examination as the Secre- tary of the Treasury shall deem necessary to verify the invoice; and the same examination and appraisement thereof shall be required and had at the port of desti- nation as would have been required at the port of first arrival if such merchandise had been entered for con- sumption or warehouse at such port. sec. 3. Such merchandise shall be delivered to and transported by common carriers, to be designated for this purpose by the Secretary of the Treasury, and to and by none others ; and such carriers shall be responsible to the United States as common carriers for the safe delivery of such mer- chandise to the collector at the port of its destination; and before any such carriers shall be permitted to receive and transport an s y such merchandise, they shall become bound to the United States in bonds of such form and amount, and with such conditions, not inconsistent with laAv, and such security as the Secretary of the Treasury shall require. Sec. 5. Merchandise transported under the provisions of this eb. J3, i, ST. ac gj^u j^ con veyed in cars, vessels, or vehicles securely fastened with locks or seals, under the exclusive control of the officers of the customs; and merchandise may also be transported under the provisions of this act by express companies on passenger-trains, in safes, "pouches", and trunks, which shall be of such size, character, and de- scription and secured in such manner as shall be from time to time prescribed by the Secretary: And in cases where merchandise shall be imported in boxes or packages too large to be included within the safes, trunks, or " pouches " as prescribed, such merchan- dise may be transported under the provisions of this act by such express companies, "corded and sealed", in such manner as shall from time to time be proscribed by the Secretary of the Treasury; And "passengers" baggage and effects arriving at any of the ports specified in section one of this act. which shall appoar by the manifest of the importing vessel, or other satisfactory evidence, to be destined to any of the ports specified in tlie seventh section, may also bo trans- ported by express companies nnder the provisions of this act to any of the ports specified in Iho seventh section thereof, in such manner and under such rules and regiila tions as the Secretary of the Treasury may proscribed : And merchandise such as pig-iron, spieglo-iron, scrap- iron, iron-ore, railroad-iron, and similar articles com- monly transported upon platform or flat cars may be transported under the pro visions of this act upon such plat- form or flat cars; and the weight of such merchandise so transported shall bo ascertained in all cases before ship- ment, and ordinarily railroad seals may bo used for such I'AIIT XV.- KNT1IV ol' MERCHANDISE. 231 purposes: and inspertorsshall lcstat ioned ul proper points alonir the designated routes, or upon any car, vessel, vehi cle,or train, at (he discretion of the Secretary of the Treas- ury, and at the expense of the companies, respectively. Such merchandise shall not he unladen or transshipped between the ports of first arrival and final destination, unless authorized ly the regulations of the Secretary of the Treasury in cases which may arise from a difference in the irauire of railroads, or 'Mvhere the route is bonded for both land and water carriage," or from accidents, or from leiral intervention, or when, by reason of the length of the route, the cars, after due inspection by customs ollieers. shall be considered unsafe or unsuitable to pro- ceed further, or from low water, ice, or other unavoidable obstruction to naviirntion: and in no case shall there be permitted any breaking of the original packages of such merchandise. Section live of the Act approved June tenth, eighteen Feb - 2 . 1899 - hundred and eighty, governing the immediate transpor- tation of dutiable goods without appraisement, be, and the same is hereby, so amended as to allow common car- riers bonded under the provisions of said Act, in instances w he re a sufficient quantity of such merchandise is not offered at the port of first arrival to fill an entire car, or compartment thereof, to forward such merchandise in cars not secured by the prescribed customs fastenings if the packages are corded and sealed, under regulations to be prescribed by the Secretary of the Treasury; in all other respects the provisions of the Act referred to to remain in full force. The privilege of immediate transportation shall extend i^ e 7 10 ' 188 - to the ports of : port Albany, X. Y. Astoria, Oreg. Atlanta. (la. Baltimore. M<1. Bangor, Me. Bath, Me. Bel linghani, Wash. Birmingham, Ala. Host on. M-ass. P. Heliport. Conn. Buffalo, N. Y. Burlington, Vt. Calais. Me. Charleston, S. C. Chattanooga. Tenn. Chicago, 111. Cincinnati, Ohio. Cleveland, Ohio. Columbus, Ohio. Cony, Pa. Council Bluffs, Iowa. Dallas, Tex. Dayton, Ohio. Denver. Colo. Des, Moines, Iowa. Detroit, Mich. Dubuque, Iowa. Duluth, Minn. Dunkirk, X. Y. Durham, X. C. Eagle Pass, Tex. Eastport, Me. El Paso, Tex. Erie, Pa. i:\aiisvillejnd. Everett. Wash. Fall River, Mass. Calvoston, Tex. Cladstone. Mich. Clourester, Mass. Grand Haven, Mich. (Jrand Rapids. Mi-h. Green Bay, Wis. (Jreenwich, Conn. Hartford, Conn. Honolulu. H. I. Houston, Tex. Indianapolis, Ind. Jacksonville. Fla. Kansas City. Mo. Key West Fla. Knoxville, Tenn. Laredo. Tex. Lincoln, Nebr. Los Angeles, Cal. LouNyille. Ky. Marquette, Mich. Memphis, Tenn. *Middletown, Conn. Milwaukee, Wis. Minneapolis. Minn. Mobile, Ala. N.-ishville. Tenn. Xewark, X. J. New Bedford, Mass. Xew Haven, Conn. New Orleans, La. Xewport, R. I. Newport Xews, Va. New York, X. Y. Niagara Falls.N. Y. Noirales. Arix. Norfolk. Va. Norwalk, Conn. Oakland, Cal. Ogdensburg. X. Y. Omaha. Nebr. Oswego. X. Y. Peoria. 111. Perth Amboy. X. J. Petersburg, Va. Philadelphia, Pa. Pittsburg. Pa. Port Arthur, Tex. 232 NAVIGATION LAWS OF THE UNITED STATES. Port Huron, Mich. Portland, Me. Portland, Oreg. Portsmouth, X. II. Port Townsend, Wash. Providence, R. I. Pueblo, Colo. Richmond, Ya. Rochester, X. Y. Sabine Pass, Tex. St. Augustine, Fla. St. Joseph, Mo. St. Louis, Mo. St. Paul, Minn. Saginaw, Mich. Salt Lake City, Utah. San Antonio, Tex. San Diego, Cal. Sandusky, Ohio. San Francisco, Cal. Sault Ste. Marie, Mich. Savannah, Ga. Seattle, Wash. Sioux City, Iowa. "South Manchester, Conn. Spokane, Wash. Springfield, Mass. Superior, Wis. Stamford, Conn. Syracuse. X. Y. Tacoma, Wash. Tampa, Fla. Toledo, Ohio. Utica, X. Y. Vanceboro, Me. Washington, D. C. Wilmington, Del. Wilmington, N. C. Worcester, Mass. Sec. 9. Sec. 6. July 2, 1884. Xo customs officers are stationed at places marked thus (*), and consular invoices and transportation entries should not be for- warded to such places. Provided, That the privilege of transportation herein conferred shall not extend to any place at which there are not the necessary officers for the appraisement of mer- chandise and the collection of duties. No merchandise shall be shipped under the provisions of this act after such merchandise shall have been landed ten days from the importing vessel, and merchandise not entered within such time shall be sent to a bonded ware- house by the collector as unclaimed, and held until regu- larly entered and appraised. Merchandise so destined for immediate transportation shall be transferred, tinder proper supervision, directly from the importing vessel to the car, vessel, or vehicle specified in the entry. Feb. 23, 1887. The provisions of the act entitled, "An act to amend the statutes in relation to the immediate transportation of du- tiable goods, and for other purposes," approved June tenth eighteen hundred and eighty, be, and the same are hereby, so amended as to allow merchandise liable to specific rates of duty only to be entered for immediate transportation without appraisement to any of the ports mentioned in the seventh section of said act, although the same may not appear by the invoice, bill of lading, or manifest of the importing vessel to be consigned to or destined for either of said ports, when the consignee at the port of first arrival shall make written application therefor to the collector, giving the name of the person at the port or destination to whom he desires the merchan- dise to be consigned : and whenever such application and entry shall be made, the original invoice, presented by the consignee at the port of first arrival shall be forwarded, with a copy of the transportation entry, to the collector ut the port of destination: and a copy of such invoice shall be retained on file at the port of first arrival. The original invoice so forwarded shall be treated as the only invoice of the merchandise upon which entry shall be made at the port of destination, and the person making such entry shall be held responsible for the state- PART XV. ENTRY OF MERCHANDls 233 ments contained therein in (he same manner as if the merchandise had heen originally consigned to him: /Vo- /vV/W, lio\r< r. That the privileges herein eon ferred shall not extend to any merchandise the duties upon which, or any portion thereof, depend upon the value of such mer- chandise: A iid provided further, That such privilege shall he granted only in cases where no part of the mer- chandise shall have been landed prior to entry for imme- diate transportation as aforesaid. 237. Salvage of merchandise. All merchandise imported into the United Statesshall, Fe^'^ for the purpose of this title [R, S.,2517-3129] be deemed and held to be the property of the person to whom the merchandise may be consigned ; but the holder of any bill of lading consigned to order and endorsed by the con- signor shall be deemed the consignee thereof. And in case of the abandonment of any merchandise to the underwriters, the latter may be recognized as the con- signee, and under such regulations as the Secretary of the Treasury may prescribe, merchandise saved from a vessel wrecked or abandoned at sea, or on or along the coasts of the United States and promptly brought into a port of the United States by or in possession of the salvors of the same, can, for the purpose of its title, be regarded as the property of such salvors, and the valuation thereof and payment of duties thereon can be made accordingly and with due reference to the condition of said merchandise as thus saved and the necessities of the case : Provided, however, That such bringing in by salvors shall be in good faith and without intent to evade the just payment of duty: And provided further, That nothing herein contained shall be so construed as to prejudice in any other respect the rights of property, or of or through abandonment or allowance of the owner or any other person interested in said merchandise. 238. Fraudulent importation of merchandise. If any person shall fraudulently or knowingly import R - s - 3082 - or bring into the United States, or assist in so doing, any merchandise, contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale of such merchandise after importa- tion, knowing the same to have been imported contrary to law, such merchandise shall be forfeited and the offender shall be fined in any sum not exceeding five thousand dollars nor less than fiffy dollars, or be im- prisoned for any time not exceeding two years, or both. Whenever, on trial for a violation of this section, the de- fendant is shown to have or to have had possession of such goods, such possession shall be deemed evidence sufficient to authorize conviction, unless the defendant shall explain the possession to the satisfaction of the jury. 234 NAVIGATION LAWS OP THE UNITED STATES 239. Bribery and solicitation of bribes. sec e ^6 ' 189 ' ^ n y P erson wno shall give, or offer to give or promise oct! a, 'i9i3. to give any money or thing of value, directly or indirectly, ec. in, AA. j. Q any O fft cer or em pl y ee O f the United States in consid- eration of or for any act or omission contrary to law in connection with or pertaining to the importation, ap- praisement, entry, examination, or inspection of goods, wares, or merchandise, including herein any baggage, or of the liquidation of the entry thereof, or shall by threats or demands, or promises of any character attempt to im- properly influence or control any such officer or employee of the United States as to the performance of his official duties shall, on conviction thereof, be fined not exceeding two thousand dollars, or be imprisoned at hard labor not more than one year, or both, in the discretion of the court ; and evidence of such giving, or offering, or promising to give, satisfactory to the court in which such trial is had, shall be regarded as prima facie evidence that such giving or offering or promising was contrary to law, and shall put upon the accused the burden of proving that such act was innocent, and not done with an unlawful intention. se? e 27' 189 ' An y officer or employee of the United States who shall, bet'. 3,' 1913. excepting for lawful duties or fees, solicit, demand, exact >ec. in, BB. or rece j ve f rom an y person, directly or indirectly, any money or thing of value, in connection with or pertaining to the importation, appraisement, entry, examination, or inspection of goods, wares, or merchandise, including herein any baggage, or liquidation of the entry thereof, on conviction thereof, shall be fined not exceeding five thousand dollars, or be imprisoned at hard labor not more than two years, or both, in the discretion of the court. And evidence of such soliciting, demanding, exacting, or receiving, satisfactory to the court in which such trial is had, shall be regarded as prima facie evidence that, such soliciting, demanding, exacting. or receiving was contrary to law, and shall put upon the accused the burden of proving that such act was innocent and not with an un- lawful intention. 240. Express packages. June s, 1890. Articles, not merchandise intended for sale, not exceed- ing five hundred dollars in value, imported in packages not exceeding one hundred pounds in weight, in vessels of the United States, may be specially delivered to and ap- praised at the public stores, and the entry thereof liqui- dated by the collector under such regulations as the Sec- retary of the Treasury may prescribe, and sifter such ap- praisement and liquidation may be delivered, upon pay- ment of the liquidated duties under the bond provided for in this Act, to express companies or other duly incor- porated inland carriers bonded for the transportation of appraised or unappraised merchandise bet wren the sev- eral ports in the United State*: l'r<"*nlnL That not more PART XV. KNTI^ o F M K lit ' 1 1 A N I USE. 235 than one such consignment to one ultimate consignee I'roin the same consignor shall he imported in any one vessel: And i>>'<>r't/vV/W, That nothing contained in this Act -hall apply to explosives, or any article the im- portation of which is prohibited by law. Such express companies or other inland carriers shall Sec. 2. be responsible to the United States under bond for the safe delivery of such articles to the ultimate consignee: 7V<9/vV/W, That if any package shall not be delivered to the ultimate consignee by the express company or other in hind carrier, and shall be returned to the collector of the port where such articles are entered under the provisions of this Act within ninety days from the date of importa- tion intact, the collector shall take charge of such package and dispose of it as unclaimed merchandise, and the duties, including additional duties, if any, under section seven of the Act of June tenth, eighteen hundred and ninety, paid shall be refunded by the Secretary of the Treasury out of any moneys in the Treasury not other- wise appropriated ; and the express company or other in- land carriers shall be relieved of any liability therefor under its bond ; and before any express company or other inland carrier shall be permitted to receive and transport any such articles they shall become bound to the United States in such bonds, in such form and amount, and with such conditions not inconsistent with law as the Secretary of the Treasury may require. Articles transported under the provisions of this Act Sec - 3 - shall be corded and sealed in such manner as shall from time to time be prescribed by the Secretary of the Treas- ury ; and the collector of the port of first arrival shall re- tain in his office a permanent record of such merchandise so forwarded. Such packages may be consigned to and entered by the Sec. 4. agents of the express company or other inland carrier or steamship company, who shall at the time of entry state the ultimate consignee, and in all cases where a certified or other invoice is now^ required by law such invoice may be attached to or inclosed in the package, under such regu- lations as the Secretary of the Treasury may prescribe; and the delivery of such articles to the express company or other inland carrier shall not be delayed because of the nonarrival of the triplicate invoice, but the ultimate con- signee shall be liable for any increased duty found due on reliquidation, if any, after receipt of said merchandise from the express company or other inland carrier or steamship company making entry under this Act; and the provisions of section twenty-eight hundred and fifty- 236 NAVIGATION LAWS OF THE UNITED STATES. seven, Revised Statutes, shall not apply to importations under this Act. 241. Liens for freight or general average. Ma S "li 98 i896 Whenever the collector of the port of entry of the ves- sel, or other proper officer of the customs, shall be duly notified in writing of the existence of a lien for freight, charges, or contribution in general average upon im- ported goods, wares, or merchandise in his custody, he shall, before delivering such goods, wares, or merchan- dise to the importer, owner, or consignee thereof for con- sumption, or to any vessel or vehicle for transportation or exportation, give seasonable notice to the party or parties claiming the lien; and the possession by the officers of customs shall not affect the discharge of such lien, under such regulations as the Secretary of the Treasury may prescribe; and such officer shall refuse the delivery of such merchandise from any public or bonded warehouse or other place in which the same shall be deposited until proof to his satisfaction shall be produced that the freight, charges, or contribution in general average thereon has been paid or. secured ; but the rights of the United States shall not be prejudiced thereby, nor shall the United States or its officers be in any manner liable for losses consequent upon such refusal to deliver. If merchandise so subject to a Jien, regarding which notice has been filed, shall be forfeited to the United States and sold, the freight, charges, or contribution in general average due thereon shall be paid from the proceeds of such sale in the same manner as other charges and expenses author- ized by law to be paid therefrom are paid. PART XVI. TARIFF PROVISION'S DTRKCTLY KKL.VTING TO YKSSKLS. 246. Supplies. 247. Son stores and equipments. 248. Motor boats, raring shells, and similar craft. If $ 1909 - H, i;)1 - 1013. 5* 242. Coal. 243. Shipbuilding materials. 244. Materials for repairs. 245. Sunken merchandise. 242. Coal. Coal, anthracite, bituminous, culm, slack, and shale; ]* coke; compositions used for fuel in which coal or coal dust is the component material of chief value, whether in briquets or other form. (Free list.) 243. Shipbuilding materials. All materials of foreign production which may be nee- ^ s At */> 1 1 jl -**UK ! essary for the construction of naval vessels or other sec. 7. vessels of the United States, vessels built in the United i 1 States for foreign account and ownership, or for the pur- pose of being employed in the foreign or domestic trade, and all such materials necessary for the building of their machinery, and all articles necessary for their outfit and equipment, may be imported in bond under such regula- tions as the Secretary of the Treasury may prescribe ; and upon proof that such materials have been used for such purposes no duties shall be paid thereon. 244. Materials for repairs. All articles of foreign production needed for the repair J of naval vessels of, or other vessels owned or used by, sec.'s. the United States and vessels now or hereafter registered gj^iff 1! under the laws of the United States may be withdrawn ?- 2 g' 1909 - from bonded warehouses free of duty, under such ivgulu- oct'. 3,'ini: 1 .. tions as the Secretary of the Treasury may prescribe. S suiiseltTdn e! Machinery for repair may be imported into the United R. s..2r.n States without payment of duty, under bond, to be given swS-i.'' 1? in double the appraised value thereof, to be withdrawn l ' ( 1 / 1 7, 4 ' 1897 ' and exported after said machinery shall have been re- AUK. h', 1009. paired; and the Secretary of the Treasury is authorised s and directed to prescribe such rules and regulations as may be necessary to protect the revenue against fraud and secure the identity arid character of all such impor- tations when again withdrawn and exported, restricting and limiting the export and withdrawal to the same port of entry wiiere imported, and also limiting all bonds to a period of time of not more than six months from the date of the importation. 237 238 NAVIGATION LAWS OF THE UNITED STATES. 245. Sunken merchandise. R. s., 2507. Whenever any vessel laden with merchandise in whole or in part subject to duty has been sunk in any river, harbor, bay, or waters subject to the jurisdiction of the United States, and within its limits, for the period of two years, and is abandoned by the owner thereof, any person Aug. 27, 1894. who may raise such vessel shall be permitted to bring any Ju?y 2 24, 1897. merchandise recovered therefrom into the port nearest to AU' 2 |' ' 1909 ^ ne pl ace w here such vessel was so raised free from the sec. g 22/ ' payment of any duty thereupon, but under such regula- tions as the Secretary of the Treasury may prescribe. 246. Supplies. Oct. 3^1913. That all articles of foreign or domestic production June 26, 1884. needed and actually withdrawn from bonded warehouses juiy^i, 1897. an d bonded manufacturing warehouses for supplies (not sec. 14.' 'including equipment) of vessels of the United States en- gaged in foreign trade, or in trade between the Atlantic and Pacific ports of the United States, may be so with- drawn from said bonded warehouses, free of duty or of internal-revenue tax, as the case may be, under such regu- lations as the Secretary of the Treasury may prescribe; but no such articles shall be landed at any port of the United States. Aug. o |, 1909. Upon the exportation of articles manufactured or pro- bet! 3,'i9i3. cluced in the United States by the use of imported mer- sec. iv, o. chandise or materials upon which customs duties have been paid, the full amount of such duties paid upon the quantity of materials used in the manufacture or produc- tion of the exported product shall be refunded as draw- back, less 1 per centum of such duties: Provided* That where a principal product and a by-product result from the manipulation of imported material and only the by-product is exported, the proportion of the drawbat -k distributed to such by-product shall not exceed the duty assessable under this Act on a similar by- product of for- eign origin if imported into the United Slates. Where no duty is assessable upon the importation of a corre- sponding by-product, no drawback shall be payable on such by-product produced from the imported material; if, however, the principal product is exported, thru on the exportation thereof there shall be refunded as draw- back the whole of the duty paid on the imported material used in the production of both the principal and the by- product, less 1 per cent, as hereinbefore provided: I'ru- vided further. That when the articles exported are manu- factured in part from domestic materials, the imported materials or the parts of the articles manufactured from such materials, shall so appear in the completed articles that the quantity or measure thereof may be ascertai&ed : And provided fin-tin r That the drawback on any article allowed under existing law shall be continued at the rate herein provided. That the imported materials used in PART XVI. IAIMI I n;<>\ IS10NS DIRECTLY RELATING TO VB88E1 B. 239 the manufacture 01 production of articles entitled l<> drawback of customs duties when exported shall, in all cases where drawback of duties paid on such materials is claimed, be identified, the quantity of such materials used and the amount of duties paid thereon shall be ascer- tained, the facts of the manufacture or production of such articles in the United States and their exportation there- from shall be determined, and the drawback due thereon shall be paid to the manufacturer, producer, or exporter, to the agent of either or to the person to whom such man- ufacturer, producer, exporter, or agent shall in writing order such drawback paid, under such regulations as the Secretary of the Treasury shall prescribe. * * * The provisions of this section shall apply to materials used in the construction and equipment of vessels built for foreign account and ownership, or for the government of any foreign country, notwithstanding that such vessels may not within the strict meaning of the term be articles exported. 247. Sea stores and equipments. [See p. 204] 248. Motor boats, racing shells, and similar craft. Machinery or other articles to be altered or repaired, s^cAv? 1 ?!*, molders' patterns for use in the manufacture of castings su bsection 4. intended to be and actually exported within six months from the date of importation thereof, models of women's wearing apparel imported by manufacturers for use as models in their own establishments, and not for sale, samples solely for use in taking orders for merchandise, articles intended solely for experimental purposes, and automobiles, motor cycles, bicycles, aeroplanes, airships, balloons, motor boats, racing shells, teams, and saddle horses, and similar vehicles and craft brought temporarily into the United States by nonresidents for touring pur- poses or for the purpose of taking part in races or other specific contests, may be admitted witjiout the payment of duty under bond for their exportation within six months from the date of importation and under such regulations and subject to such conditions as the Secre- tary of the Treasury may prescribe: Provided., That no article shall be entitled to entry under this section that is intended for sale or which is imported for sale on approval. 92075 15 16 PART XVII. CONSULS' SERVICES TO VESSELS. 249. Consuls' services to vessels. | 25O. Naval officer acting as consul. 249. Consuls' services to vessels. R. s., 1707. Consuls and vice-consuls shall have the right, in the ports or places to which they are severally appointed, of receiving the protests or declarations Avhich captains, masters, crews, passengers, or merchants, who are citizens of the United States, may respectively choose to make there ; and also such as any foreigner may choose to make before them relative to the personal interest of any citi- zen of the United States. Copies of such acts duly au- thenticated by consuls or vice-consuls, under the seal of their consulates, respectively, shall be received in evi- dence equally with their originals in all courts in the United States. R. s., 1708. Every consular officer shall keep a detailed list of all seamen and mariners shipped and discharged by him, specifying their names and the names of the vessels on which they are shipped and from which they are dis- charged, and the payments, if any, made on account of each so discharged; also of the number of the vessels ar- rived and departed, the amounts of their registered ton- nage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced, and shall se. 4t'io 9 'make returns of the same, with their accounts and other returns, to the Secretary of Commerce. R. s., 1718. Whenever any master or commander of a vessel of the United States has occasion for any consular or other offi- cial service, which any consular officer of the United States is authorized by law or usage officially to perform, and for which any fees are allowed by the rates or tariffs of fees, he shall apply to the consular officer at the con- sulate or commercial agency where such service is re- quired to perform such service, and shall pay to such offi- cer the fees allowed for such service by the rates or tariffs of fees. And every such master or commander who omits so to do shall be liable to the United States for the amount of the fees lawfully chargeable ,f or such services when actually performed. All consular officers are au- thorized and required to retain in their possession all the 240 PART xvii. CONSULS' SERVICES TO VESSELS. 241 papers of such vessels, which shall be deposited with (hem as directed by the law, till payment shall be made of all demands and waives on account of such vessels. No fees named in (lie tariff of consular fees prescribed J 6 ,? 6 ' 1884 - by order of the President shall be charged or collected by consular officers for the official services to American ves- sels and seamen. Consular officers shall furnish tho master of every such vessel with an itemized statement of such services performed on account of said vessel, with the fees so prescribed for each service and make a detailed report to the Secretary of the Treasury of such services and fees, under such regulations as the Secretary of State may prescribe; and the Secretary of the Treasury shall allow consular officers who are paid in whole or in part by fees such compensation for said services as they would have received prior to the passage of this act: Provided, That such services in the opinion of the Secretary of the Treasury have been necessarily rendered. No consular officer, nor any person under any consular u. s., 1719. officer shall make any charge or receive, directly or indi- rectly, any compensation, by way of commission or other- wise, for receiving or disbursing the wages or extra wages to which any seaman or mariner is entitled who is dis- charged in any foreign country, or for any money ad- vanced to any such seaman or mariner who seeks relief from any consulate or commercial agency; nor shall any consular officer, or any person under any consular officer, be interested, directly or indirectly, in any profit derived from clothing, boarding, or otherwise supplying or send- ing home any such seaman or mariner. Such prohibition as to profit, however, shall not be construed to relieve or prevent any such officer who is the owner of or otherwise interested in any vessel of the United States, from trans- porting in such vessel any such seaman or mariner, or from receiving or being interested in such reasonable allowance as may be made for such transportation by law. American vessels running regularly by weekly or R. s., 1720. monthly trips, or otherwise, to or between foreign ports, shall not be required to pay fees to consuls for more than four trips in a year. The fee for certifying invoices to be charged by the R - s - 1721 - consul-general for the British North American Provinces, and his subordinate consular officers and agents, for goods not exceeding one hundred dollars in value, shall be one dollar. 250. Naval officer acting as consul. The commanding officer of any fleet, squadron, or ves- R. s., 1433. sel acting singly, when upon the high seas or in any for- eign port where there is no resident consul of the United States, shall be authorized to exercise all the powers of a consul in relation to mariners of the United States. PART XVIII. COMMERCE WITH CONTIGUOUS COUNTRIES. 251. Size of foreign-trade vessels. 252. Evasion of coasting laws on the lakes and frontiers. 253. Inward manifests. 254. Customs inspection. 255. Customs seals on frontier. 256. Transfer of cargo. 257. Sea stores. 258. Saloon stores. 259. Duties on repairs. 260. Entry from one district to an- other. 261. Discharging cargo and passen- gers. 262. Steam tugs. 263. Forms and penalties. 264. Touching at foreign ports. 265. Foreign merchandise coastwise. 266. Special provisions for British North America. R. S., 3096. R. 8., 3110. 251. Size of foreign-trade vessels. Except in the districts on the northern, northwestern, and western boundaries of the United States, adjoining to the Dominion of Canada, or into the districts adjacent to Mexico, no merchandise of foreign growth or manu- facture, subject to the payment of duties, shall be brought into the United States from any foreign port in any other manner than by sea, nor in any vessel of less than thirty net -register tons ; or landed or unladen at any other port than is directed by law, under the penalty of seizure and forfeiture of all such vessels, and of the merchandise im- ported therein, la^len or unladen in any other manner. All persons may import any merchandise of which the importation shall not be entirely prohibited, into the dis- tricts which are or may be established on the northern and northwestern boundaries of the United States, in ves- sels or boats of any burden, and in rafts or carriages of any kind or nature whatsoever. 252. Evasion of coasting 1 laws on the lakes and frontiers. If any merchandise shall, at any port in the United States on the northern, northeastern, or northwestern frontiers thereof, be laden upon any vessel belonging wholly or in part to a subject of a foreign country, and shall be taken thence to a foreign port to be reladen and reshipped to any other port in the United States on Mich frontiers, either by the same or any other vessel, foreign or American, with intent to evade the provisions relating to the transportation of merchandise from one port of the United States to another port of the United States, in a vessel belonging wholly or in part to a subject of any foreign power, the merchandise shall, on its arrival at such last-named port, be seized and forfeited to the 242 PART XVIII. COMMERCE WITH CONTIGUOUS C(H \ IKll.S. 243 United States, and the vessel shall pay a tonnage-duty of fifty cents per ton on her admeasurement. 253. Inward manifests. All vessels, boats, rafts, and carriages, of what kind K. *. SOOT. soever, arriving in such districts, on the northern and northwestern frontiers, containing merchandise subject to duties, on being imported into any port of the United States, shall be reported to the collector, or other chief olli cer of the customs at the port of entry in the district into which it shall be so imported ; and such merchandise shall be accompanied with like manifests, and like entries shall be- made, by the persons having charge of any such ves- sels, boats, rafts, and carriages, and by the owners or con- signees of the merchandise laden on board the same ; and the powers and duties of the officers of the customs shall be exercised and discharged in the districts last men- tioned, in like manner as is prescribed in respect to mer- chandise imported in vessels from the sea; and generally, all such importations shall be subject to like regulations, penalties, and forfeitures as in other districts, except as is hereinafter specially provided. The master of any vessel, except registered vessels, and K &., soos. every person having charge of any boat, canoe, or raft, and the conductor or driver of any carriage or sleigh, and every other person, coming from any foreign territory adjacent to the United States into the United States, with merchandise subject to duty, shall deliver, immediately on his arrival within the United States, a manifest of the cargo or loading of such vessel, boat, canoe, raft, carriage, or sleigh, or of the merchandise so brought from such foreign territory, at the office of any collector or deputy collector which shall be nearest to the boundary-line, or nearest to the road or waters by which such merchandise is brought; and every such manifest shall be verified by the oath of such person delivering the same ; which oath shall be taken before such collector or deputy collector; and such oath shall state that such manifest contains a full, just, and true account of the kinds, quantities, and values of all the merchandise so brought from such for- eign territory. If the master, or other person having charge of any ves- R s. 3099. sel, boat, canoe, or raft, or the conductor or driver of any carriage or sleigh, or other person bringing such merchan- dise, shall neglect or refuse to deliver the manifest re- quired by the preceding section, or pass by or avoid such office, the merchandise subject to duty, and so imported, shall be forfeited to the United States, together with the vessel, boat, canoe, or raft, the tackle, apparel, and furni- ture of the same, or the carriage or sleigh, and harness and cattle drawing the same, or the horses with their saddles and bridles, as the case may be ; and such master, 244 NAVIGATION LAWS OF THE UNITED STATES. R. S. f 3100. R. S., 3101. conductor, or other importer shall be subject to a penalty of four times the value of the merchandise so imported. 254. Customs inspection. All merchandise, and all baggage and effects of pas- sengers, and all other articles imported into the United States from any contiguous foreign country, except as hereafter provided, as well as the vessels, cars, and other vehicles and envelopes in which the same shall be im- ported, shall be unladen in the presence of, and be in- spected by, an inspector or other officer of the customs, at the first port of entry or custom-house in the United States where the same shall arrive; and to enable the proper officer thoroughly to discharge this duty, he may require the owner or his agent, or other person, having charge or possession of any trunk, traveling-bag, or sack, valise, or other envelope, or of any closed vessel, car, or other vehicle, to open the same, or to deliver to him the proper key. If any owner, agent, or other person shall refuse or neglect to comply with his demands, allowed by the pre- ceding section, the officer shall retain such trunk, travel- ing bag, or sack, valise, or whatsoever it may be, and open the same, and, as soon thereafter as may be prac- ticable, examine the contents'; and if any article subject to the payment of duty shall be found therein, the whole contents, together with the envelope, shall be forfeited to the United States, and disposed of as the law provides in other similar cases. If any such dutiable merchandise or article shall be found in any such vessel, car, or other vehicle, the owner, agent, or other person in charge of which shall have refused to open the same or deliver the key as herein provided, the same, together with the vessel, car, or other vehicle, shall be forfeited to the United States, and shall be held by such officer, to be disposed of as the law provides in other similar cases of forfeiture. 255. Customs seals on frontier. R. s.,3102. rp o avo j ( j tne inspection at the first port of arrival, the owner, agent. master, or conductor of any such vessel, car, or other vehicle, or owner, agent, or other person having charge of any such merchandise, baggage, effects, or other articles, may apply to any officer of the United States duly authorized to act in the premises, to seal or close the same, under and according to the regulations hereinafter authorized, previous to their importation into the United States: which officer shall seal or close the same accord- ingly: whereupon the same may proceed to their port of destination without further inspection. Kvery s.ich ves- sel, car, or other vehicle, shall proceed, without unneces- sary delay, to the port of its destination, as named in the manifest of its cargo, freight, or contents, and be there inspected. Nothing contained in this section shall be PART XVIII. COMMERCE WITH CONTIGUOUS COUNTHIKS. 245 construed to exempt such vessel, car, or vehicle, or its contents, from such examination as may U> necessary and proper to prevent frauds upon the revenue ami violations of this Title | H. S., 2617-3120]. The Secretary of the Treasury is hereby authorized and u. s.. 3103. required to make such regulations, and from time to tim*' so to change the same as to him shall seem necessary and proper, for sealing such vessels, cars, and other vehicles, when practicable, and for sealing, marking, and identi- fy ing such merchandise, baggage, effects, trunks, travel- ing-Dags, or sacks, valises, and other envelopes and arti- cles; and also in regard to invoices, manifests, and other pertinent papers, and their authentication. If the owner, master, or person in charge of any vessel, R. s., 3104. car, or other vehicle so sealed, shall not proceed to the port or place of destination thereof named in the manifest of its cargo, freight, or contents, and deliver such vessel, car, or vehicle to the proper officer of the customs, or shall dispose of the same by sale or otherwise, or shall unload the same, or any part thereof, at any other than such port, or place, or shall sell or dispose of the contents of such vessel, car, or other vehicle, or any part thereof, be- fore such delivery, he shall be deemed guilty of felony, and on conviction thereof, before any court of competent jurisdiction, pay a fine not exceeding one thousand dol- lars, or shall be imprisoned for a term not exceeding five years, or both, at the discretion of the court; and such vessel, car, or other vehicle, with its contents, shall be for- feited to the United States, and may be seized wherever found within the United States, and disposed of and sold as in other cases of forfeiture. Nothing in this section, however, shall be construed to prevent sales of cargo, in whole or in part, prior to arrival, to be delivered as per manifest, and after due inspection. If any unauthorized person or persons shall willfully R - s -> 3105 - break, cut, pick, open, or remove any wire, seal, lead, lock, or other fastening or mark attached to any vessel, car, or other vehicle, crate, box, bag, bale, basket, barrel, bundle, cask, trunk, package, or parcel, or anything whatsoever, under and by virtue of this Title [R. S., 2517-3129] and regulations authorized by it, or any other law, or shall affix or attach, or any way willfully aid, assist, or encour- age the affixing or attaching, by wire or otherwise, to any vessel, car, or other vehicle, or to any crate, box, bales, barrel, bag, basket, bundle, cask, package, parcel, article, or thing of any kind, any seal, lead, metal, or anything purporting to be a seal authorized by law, such person or persons shall be deemed guilty of felony, and shall be imprisoned for a term not exceeding five years, or shall pay a fine of not exceeding one thousand dollars, or both, at the discretion of the court. 246 NAVIGATION LAWS OF THE UNITED STATES. R s., 3106. Each vessel, car, or other vehicle, crate, box, bag, basket, barrel, bundle, cask, trunk, package, parcel, or other thing, with the cargo, or contents thereof, from which the wire, seal, lead, lock, or other fastening or mark shall have been broken, cut, picked, opened, or removed by any such unau- thorized person or persons, or to which such seal, or other thing purporting to be a seal, has been wrongfully at- tached, shall be forfeited. 256. Transfer of cargo. R. s., 3109. The master of any foreign vessel, laden or in ballast, ariving, whether by sea or otherwise, in the waters of the United States from any foreign territory adjacent to the northern, northeastern, or northwestern frontiers of the United States, shall report at the office of any col- lector or deputy collector of the customs, which shall be nearest to the point at which such vessel may enter such waters; and such vessel shall not transfer her cargo or passengers to another vessel or proceed farther inland, either to unlade or take in cargo, without a special permit from such collector or deputy collector, issued under and in accordance with such general or special regulations as sic' io 4 ' 19 3 ' *^ e Secretary f the Treasury may, in his discretion, from rib. IT, 1898. time to time prescribe. This section shall also apply to trade with or through Alaska. For any violation of this section such vessel shall be seized and forfeited. [Re- pealed by Art. 1, treaty of Jan. 11, 1909, with Great Britain.] 257. Sea stores. If any vessel enrolled or licensed to engage in the for- eign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States shall touch at any port in the adjacent British provinces, and the master of such vessel shall purchase any merchandise for the use of the vessel, the master of the vessel shall report the same, with cost and quantity thereof, to the collector or other officer of the customs at the first port in the United States at which he shall next arrive, desig- nating them as "sea-stores; " and in the oath to be taken by such master of such vessel, on making such report, he shall declare that the articles so specified or designated " sea-stores " are truly intended for the use exclusively < > f the vessel, and are not intended for sale, transfer, or pri- vate use. If any other or greater quantity of dutiable articles shall be found on board such vessel than are spec- ified in such report or entry of such articles, or any part thereof shall be landed without a permit from a collector or other officer of the customs, such articles together with the vessel, her apparel, tackle, and furniture, shall be forfeited. If, upon examination and inspection by the collector or other officer of the customs, such articles are not deemed excessive in quantity for the use of the vessel, until an R. s., 3111. R. S., 3112. PART xvur.-- COMMEECE \\iin CON i MUCUS COUNTKIKS. 247 Ajnerican port may be reached l>y such vessel, where such sea-stores can be obtained, such articles shall be declared free of duty ; but i f it shall be found that the quantity or quantities of such articles, or any part thereof so reported are excessive, it shall be lawful for the collector or other (.Ilicer of the customs to estimate the amount of duty on such excess, which shall bo forthwith paid by the master of the \essel. on penalty of paying a sum of not less than one hundred dollars, nor more than four times the value of such excess, or such master shall he punishable by im- prisonment for not less than three months, and not more than two years. 258. Saloon stores. Articles purchased for the use of or for sale on board R. s.,3ii3. any such vessel, as saloon stores or supplies, shall be deemed merchandise, and shall be liable, when purchased at a foreign port, to entry and the payment of the duties found to be due thereon, at the first port of arrival of such vessel in the United States; and for a failure on the part of the saloon-keeper or person purchasing or owning such articles to report, make entries, and pay duties, as hereinbefore required, such articles, together with the fixtures and other merchandise, found in such saloon or on or about such vessel belonging to and owned by such saloon-keeper or other person interested in such saloon, shall be seized and forfeited, and such saloon-keeper or other person so purchasing and owning shall be liable to a penalty of not less than one hundred dollars and not more than five hundred, and shall be punishable by im- prisonment for not less than three months, and not more than two years. 259. Duties on repairs. The equipments, or any part thereof, including boats, R. s., 3114. purchased for, or the expenses of repairs made in a for- eign country upon a vessel enrolled and licensed under the laws of the United States to engage in the foreign and coasting trade on the northern, northeastern, and north- western frontiers of the United States, or a vessel in- tended to be employed in such trade, shall, on the first arrival of such vessel in any port of the United States, be liable to entry and the payment of an ad-valorem duty of fifty per centum on the cost thereof in such foreign coun- t ry ; and if the owner or master of such vessel shall will- ful ly and knowingly neglect or fail to report, make entry, and pay duties as herein required, such vessel, with her tackle, apparel, and furniture, shall be seized and for- feited. No license, or enrollment and license, nor renewal of R. s., 4330. either, shall hereafter be issued to any vessel until the collector to whom application is made for the same is satisfied, from the oath of the owner or master, that all 248 NAVIGATION LAWS OF THE UNITED STATES. R. S., 3115. R. S., 3116. R. S M 3117. equipments and repairs, made in a foreign port within the year immediately preceding such application, have been duly accounted for, and the duties accruing thereon duly paid; and if such owner or master shall refuse to take such oath, or take it falsely, the vessel shall be seized and forfeited. If the owner or master of such vessel shall, however, furnish good and sufficient evidence that such vessel, while in the regular course of her voyage, was compelled, by stress of weather or other casualty, to put into such foreign port and purchase such equipments, or make such repairs, to secure the safety of the vessel to enable her to reach her port of destination, then it shall be com- petent for the Secretary of the Treasury to remit or refund such duties, and such vessel shall not be liable to forfeiture, and no license or enrollment and license, or renewal of either, shall hereafter be issued to any such vessel until the collector to whom application is made for the same shall be satisfied, from the oath of the owner or master, that all such equipments and repairs made within the year immediately preceding such appli- cation have been duly accounted for under the provisions of this and the preceding sections, and the duties accru- ing thereon duly paid; and if such owner or master shall refuse to take such oath, or take it falsely, the vessel shall be seized and forfeited. 260. Entry from one district to another. The master of every vessel enrolled or licensed to en- gage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, except canal-boats employed in navigating the canals within the United States, shall, before the depar- ture of his vessel from a port in one collection-district to a port in another collection-district, present to the col- lector at the port of departure duplicate manifests of his cargo, or, if he have no cargo, duplicate manifests set- ting forth that fact; such manifests shall be subscribed and sworn to by the master before the collector, who shall indorse thereon his certificate of clearance, retaining one for the files of his office ; the other he shall deliver for the use of the master. If any vessel so enrolled or licensed shall touch at any intermediate port of the United States, and there dis- charge cargo taken on board at an American port, or at, such intermediate ports shall take on hoard cargo des- tined for an American port, the master of such vessel shall not. he required to report such lading or unlading at such intermediate ports, hut shall enter the same on his manifest obtained at the original port of departure, which he shall deliver to the collector of the port at which the unlading of the cargo is completed, within twenty- PART XVIII, COMMERCE WITH CONTIGUOUS COUNTRIES. 249 four hours after arrival, and shall subscribe and make oath as to the truth and correctness of the same. The master of any vessel so enrolled or licensed shall, H s ' :tlls - before departing from a port in one collection-district to a place in another collection-dist rict. where there is no custom-house, file his manifest, and obtain a clearance in the same manner, and make oath to the manifest, which manifest and clearance shall be delivered to the proper oHicer of customs at the port at which the vessel next arrives after leaving the place of destination specified in the clearance. Nothing contained in the three preceding sections shall R. s., suo. exempt masters of vessels from reporting, as now required by law. any merchandise destined for any foreign port. No permit shall be required for the unlading of cargo brought from an American port. No merchandise taken from any port in the United R. s., 3120. States on the northern, northeastern, or northwestern frontiers thereof, to a port in another collection-district of the United States on such frontiers, in any vessel, shall be unladen or delivered from such vessel within the United States, but in open day, that is to say, between the rising and setting of the sun, except by special license from the collector or other principal officer of the port for the purpose. The owner of every vessel whose mas- ter or manager shall neglect to comply with the provi- sions of this section shall be liable to a penalty of not less than one hundred dollars nor more than five hun- dred. The Secretary of the Treasury may, from time to time, make such regulations as to him shall seem necessary and expedient for unloading at and clearance from any port or place on such frontiers of ships or ves- sels at night. And that the Secretary of the Treasury be, and he is hereby, authorized, in his discretion, to make such regulations as shall enable vessels engaged in the coasting-trade between ports and places upon Lake Mich- igan exclusively, and laden with American productions and free merchandise only, to unlade their cargoes with- out previously obtaining a permit to unlade. The master of any vessel so enrolled or licensed, des- R. s., 3122. tined with a cargo from a place in the United States, at which there may be no custom-house, to a port where there may be a custom-house, shall, within twenty-four hours after arrival at the port of destination, deliver to the proper officer of the customs a manifest, subscribed by him, setting forth the cargo laden at the place of departure, or laden or unladen at any intermediate port, or place, to the truth of which manifest he shall make oath before such officer. If the vessel, however, have no cargo, the master shall not be required to deliver such manifest. 250 NAVIGATION LAWS OF THE UNITED STATES. R. S., 3121. R. S., 3123. 261. Discharging- cargo and passengers. The" master of any vessel with cargo, passengers, or baggage from any foreign port, shall obtain a permit and comply with existing laws, before discharging or landing the same. 262. Steam tugs. Steam-tugs duly enrolled and licensed to engage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, when exclusively employed in towing vessels, shall not be re- quired to report and clear at the custom-house. When such steam-tugs, however, are employed in towing rafts or other vessels without sail or steam motive-power, not required to be enrolled or licensed under existing laws, they shall be required to report and clear in the same manner as is hereinbefore provided in similar cases for other vessels. 263. Forms and penalties. R. s., 3124. The manifests, certificates of clearance, and oaths, pro- vided for by the eight preceding sections [R. S., 3116- Feb.^4, 1903. 3123], shall be in such form, and prepared, filled up, and executed in such manner as the Secretary of the Treasury may from time to time prescribe. R. s., 3125. If the master of any enrolled or licensed vessel shall neglect or fail to comply with any of the provisions or re- quirements of the nine preceding sections [R. S., 3116- 3124], such master shall forfeit and pay to the United States the sum of twenty dollars for each and every fail- ure or neglect, and for which sum the vessel shall be liable, and may be summarily proceeded against, by way of libel, in any district court of the United States. 264. Touching at foreign ports. R. s., 3126. Any vessel, on being duly registered in pursuance of the laws of the United States, may engage in trade be- tween one port in the United States and one or more ports within the same, with the privilege of touching at one or more foreign ports during the voyage, and land and take in thereat merchandise, passengers and their baggage, and letters, and mails. All such vessels shall be furnished by the collectors of the ports at which they shall take in their cargoes in the United States, with cer- tified manifests, setting forth the particulars of the car- goes, the marks, number of packages, by whom shipped, to whom consigned, at what port to be delivered; desig- nating such merchandise as is entitled to drawback, or to the privilege of being placed in warehouse: and the mas- ters of all such vessels shall, on their arrival at any port of the United States from any foreign port at which such vessel may have touched, as herein provided, conform to the laws providing for the delivery of manifests of cargo PART XVIII. COMMERCE WITH CONTIGUOUS COUNTRIES. 251 ami passengers taken on hoard at such foreign port, and all other laws regulating the report and entry of from foreign ports, and be subject to all the penalties therein prescribed. 265. Foreign merchandise coastwise. Any foreign merchandise taken in at one port of the &.&.8CT, I'nited States to he conveyed in registered vessels to anv other port within the same, either under the provisions relating to warehouses, or under the laws regulating the transportation coastwise of merchandise entitled to draw- hack, as well as any merchandise not entitled todrawhack, but on which the import duties chargeable by law shall have been duly paid, shall not become subject to any im- port duty by reason of the vessel in which they may arrive having touched at a foreign port during the voyage. 266. Special provisions for British North America. When any merchandise shall be imported from Canada " s., 3123. into the United States, in any steamboat on Lake Cham- plain, and the merchandise shall have been duly entered, the duties thereon paid at the office of the collector of any district adjoining Lake Champlain, it shall be lawful to land such merchandise in the same or any other district adjoining Lake Champlain. The Secretary of the Treasury, with the approbation I{ -. of the President, provided the latter shall be satisfied that similar privileges are extended to vessels of the United States in the colonies hereinafter mentioned, is hereby authorized, under such regulations as he may pre- scribe to protect the revenue from fraud, to permit vessels laden with the products of Canada, New Brunswick, Nova Scotia, Newfoundland, and Prince Edward Island, or either of them, to lade or unlade at any port within any collection-district of the United States which he may designate; and if any such vessel entering a port so designated, to lade or unlade, shall neglect or refuse to comply with the regulations so prescribed by the Secre- tary of the Treasury, such vessel, and the owner and master thereof, shall be subject to the same penalties as if no authority under this section had been granted to lade or unlade in such port. PART XIX. DOMESTIC COMMERCE. 267. Great districts. 268. Clearance within a great district. 269. Entry within a great district 270. Coasting trade via Isthmus of Panama. 271. Clearance for another great dis- trict. 272. Entry to another great district. 273. Exemption on the Mississippi and tributaries. 274. Vessels with domestic cargo. 275. Registered vessels in the coasting trade. 276. Report by master. 277. Foreign vessels barred from coasting trade. 278. Immediate exportation to foreign port. 279. Foreign vessels on coasting voy- ages. 280. Foreign tugboats. 281. Penalties for violation of coast- ing laws. 282. Forfeiture of vessel and merchan- dise. 267. Great districts. May"i 4 2, 4 i906. ' II. S.. 4349. se acoasts and navigable rivers of the United States and Porto Rico shall be divided into five great districts : The first to include all the collection districts on the sea- coasts and navigable rivers between the northern bound- ary of the State of Maine and the southern boundary of the State of Texas ; the second to consist of the island of Porto Rico; the third to include the collection districts on the seacoasts and navigable rivers between the south- ern boundary of the State of California and the northern boundary of the State of Washington; the fourth to consist of the Territory of Alaska ; the fifth to consist of the Territory of Hawaii. 268. Clearance within a great district. The master of every vessel under twenty tons burden licensed for carrying on the coasting-trade, destined from a district in one State to a district in the same or an ad- joining State, on the sea-coast or on a navigable river, and of every vessel of the burden of twenty tons and up- ward, destined from a district within one of the great- districts to another district within the same great district , or from a State in one great district to an adjoining State in another great district, having on board either distilled spirits in casks exceeding five hundred gallons, wines in casks exceeding two hundred and fifty gallons, or in bot- tles exceeding one hundred dozens, sugar in casks or boxes exceeding three thousand pounds, or Foreign merchandise in packages, as imported, exceed ing in value four hundred dollars, or merchandise, consisting of such enumerated or other articles of foreign growth or manufacture, or of both, whose aggregate value exceeds eight hundred dol- 252 PART XIX. DOMESTIC Cn.MMi -:i;< I . 253 lars, shall, previous to the departure of such vessrl from the port where she may then be, make out ami subscribe duplicate manifests of the whole of such cargo on hoard such vessel, specifying in such manifests the marks and numbers of every cask, bag. box, chest, or package con- taining the same, with the name and place of residence of every shipper and consignee, and the quantity shipped by and to each. If there be a collector or surveyor residing at such port, or within live miles thereof, he shall deliver such manifest to the collector, if there he one; otherwise to the surveyor, before whom he shall swear, to the best of his knowledge and belief, that the goods therein contained were legally imported, and the duties thereupon paid or secured, or if spirits distilled within the United States that the duties thereupon have been paid or secured. Thereupon the collector or sur- veyor shall certify the same on the manifests, one of which he shall return to the master, with a permit, speci- fying thereon, generally, the lading on board such vessel, and authorizing him to proceed to the port of his destina- tion. If any vessel, being laden and destined, as mentioned in R. s., 4350. the preceding section, shall depart from the port where 3 she may then be without the master having first made out and subscribed duplicate manifests of the lading on board such vessel, and in case there be a collector or surveyor residing at such port, or within five miles thereof, with- out having previously delivered the same to the collector or surveyor, and obtaining a permit, such master shall be liable to a penalty of one hundred dollars. 269. Entry within a great district. The master of every vessel licensed for carrying on the R. s., 4.351. coasting-trade, having on board either distilled spirits in Jul casks exceeding five hundred gallons, wine in casks ex- ceeding two hundred and fifty gallons, or in bottles ex- ceeding one hundred dozens, sugar in casks or boxes exceeding three thousand pounds, or foreign merchandise in packages, as imported, exceeding in value four hun- dred dollars, or goods, wares, or merchandise, consisting of such enumerated or other articles of foreign growth or manufacture, or of both, whose aggregate value ex- ceeds eight hundred dollars, and arriving from a district in one State, at a district in the same or an adjoining State on the sea-coast, or on a navigable river, or, if of the burden of twenty tons or upward, arriving at a dis- trict within one of the great districts from another dis- trict within the same great district, or from a State ad- joining such great district, shall, previous to the unlad- ing of any part of the cargo of such vessel, deliver to the collector, if there be one, or if not, to the surveyor resid- ing at the port of her arrival, or if there be no collector or surveyor residing at such port, then to a collector or surveyor, if there be any such officer residing within five 254 NAVIGATION LAWS OF THE UNITED STATES. miles thereof, the manifest of the cargo, certified by the collector or surveyor of the district from whence she sailed if there be such manifest, otherwise the duplicate manifest thereof, as is hereinbefore directed, to the truth of which, before such officer, he shall swear. If there have been taken on board such vessel any other or more goods than are contained in such manifest or manifests, since her departure from the port from whence she first sailed, or if any goods have been since landed, the master shall make known and particularize the same to the col- lector or surveyor, or if no such goods have been so taken on board or landed, he shall so declare, to the truth of which he shall swear. Thereupon the collector or sur- veyor shall grant a permit for unlading a part or the whole of such cargo, as the master or commander may request. If there is no collector or surveyor residing: at or within five miles of the port of her arrival, the master of such vessel may proceed to discharge the lading from on board such vessel, but shall deliver to the collector or surveyor residing at the first port where he may next afterward arrive, and within twenty-four hours of his arrival, the manifest or manifests, noting thereon the times when and places where the goods therein mentioned have been unladen, to the truth of which, before the last- mentioned collector or surveyor, he shall swear. Juiy'*i 4 2^ 5 i876. ^ ^ ne mas ter of any such vessel, being laden and des- tined as mentioned in the preceding section, shall neglect or refuse to deliver manifests, at the times and in the manner directed, he shall be liable to a penalty of one hundred dollars. 270. Coasting trade via Isthmus of Panama. [Seep. 518 (E. S. 2999).] 271. Clearance for another great district. ^ ne master f ever .Y vessel under twenty tons of burden licensed for carrying on the coasting-trade, and destined from any district of the United States to a district other than a district in the same or an adjoining State, on the seacoast, or on a navigable river, and of every vessel of the burden of twenty tons and upward, destined to a district other than a district within the same great dis- trict, or within a State adjoining such great district, shall, previous to her departure, deliver to the collector residing at the port where such vessel may be. if there is one, otherwise to the collector of the district comprehend- ing such port, or to a surveyor within the district, as the one or the other may reside nearest to the port at which such vessel may he, duplicate manifests of the whole cargo on hoard such vessel: or if there is no cargo on board, he shall so certify; and if there are any distilled spirits, or merchandise of foreign growth or manufac- ture on board, other than what may by the collector be PART XIX. DOMESTIC COM 255 deemed sn flu-ion t for sea-stores, lie shall specify in such manifest the marks and numbers of every cask, bag, box. chest, or package containing the same, with the name. ;m4._ ceding section, shall depart from the port where she may J then be, having distilled spirits, or goods, wares, or mer- chandise of foreign growth or manufacture on board, without complying with the requirements of the preced- ing section, the master thereof shall be liable to a pen- alty of one hundred dollars; or, if the lading be of goods the growth or manufacture of the United States only, or if such vessel have no cargo, and she depart without the several things required in the preceding section being complied with, the master shall be liable to a penalty of fifty dollars. 272. Entry to another great district. The master of every vessel under twenty tons burden ?-. s - t 4 ^ 5 ?b- ( i* -.. . -i* 7 .. July 1--, loT*j licensed to carry on the coasting trade, arriving at any district of the United States from any district other than a district in the same or an adjoining State on the sea- coast, or on a navigable river, and of every vessel of the burden of twenty tons and upward arriving from a clis- trict other than a district within the same great district, or from a State adjoining such great district, shall deliver to the collector residing at the port where she may arrive if there be one, otherwise to the collector or surveyor- in the district comprehending such port, as the one or the other may reside nearest thereto, if the collector or sur- veyor reside at a distance not exceeding five miles, within twenty-four hours, or, if at a greater distance, within forty-eight hours next after his arrival, and previous to the unlading any of the goods brought in such vessel, the manifest of the cargo, if there be any, certified by the col- lector or surveyor of the district from whence she last sailed; and shall make oath, before the collector or sur- veyor, that there was not when he sailed from the district where his manifest was certified, and has not been since, 92075 15 17 256 NAVIGATION LAWS OF THE UNITED STATES. and is not then any more or other merchandise of foreign growth or manufacture, or distilled spirits, if there be any, other than sea-stores, on board such vessel, than is therein mentioned ; and if there be none such, he shall so swear; and if there be no cargo on board, he shall pro- duce the certificate of the collector or surveyor of the dis- trict from whence she last sailed that such is the case. Thereupon such collector or surveyor shall grant a permit for unlading the whole or part of such cargo, if there be any, within his district, as the master may request; and where a part only of the merchandise of foreign growth or manufacture, or of distilled spirits, brought in such vessel, is intended to be landed, the collector or surveyor shall make an indorsement of such part on the back of the manifest, specifying the articles to be landed ; and shall return such manifest to the master, indorsing also thereon his permission for such vessel to proceed to the place of her destination. R. s., 4356. If the master of such vessel, laden and destined as men- July 12, 1876. ti on ed i n the preceding section, shall neglect or refuse to deliver the manifest, or, if she has no cargo, the certifi- cate, within the time directed in the preceding section, he shall be liable to a penalty of one hundred dollars, and the merchandise of foreign growth or manufacture, or distilled spirits, found on board, or landed from such ship or vessel, not being certified as required, shall be for- feited ; and if the same shall amount to the value of eight hundred dollars, such ship or vessel, with her tackle, ap- parel, and furniture, shall be also forfeited. 273. Exemption on the Mississippi and tributaries. July 12, 1876. The provisions of sections forty- three hundred and forty-nine, forty-three hundred and fifty, forty-three hundred and fifty-one, forty-three hundred and fifty-two, forty-three hundred and fifty-three, forty-three hundred and fifty-four, forty-three hundred and fifty-five, and forty-three hundred and fifty-six of the Revised Statutes, requiring the master of every vessel licensed to carry on the coasting-trade, laden in part with foreign merchan- dise or distilled spirits, to procure a permit from the cus- toms officer of the port at which his vessel was laden, authorizing him to proceed to his port of destination, and also to procure a permit from the port of destination for the unlading of his cargo, shall not be held to include vessels engaged in the navigation of the Mississippi River or tributaries above the port of New Orleans. 274. Vessels with domestic cargo. R. s., 43.. Nothing in this Title [R. S., 4311-4390] shall be so con- strued as to oblige the master of any vessel of less than twenty tons burden, licensed for carrying on the coasting trade, bound from a district in one State to a district in the same or an adjoining State on the sea-coast, or on a navigable river, or of any vessel of the burden of twenty l'.\i; I \l\. DOMESTIC OOM \i I :i:- 257 tons or upward, bound from a district within one of the great districts to ;i district within the same great district, or within a State adjoining such great district, having I 1C COM M KI;. by sea, or by a river, the right to ascend or descend which for the purposes of commerce is secured by treaty to the citixens of the I'nited States and the subjects of a foreign power, the Secretary of Commerce is hereby aiithori/ed J-VK u. ino:i. to prescribe regulations for the transshipment, and trans- portation of such merchandise. 279. Foreign vessels on coasting voyages. The master of every foreign vessel hound from a dis- K. s., I:;I;T. trict in the United States to any other district within the same, shall, in all eases, previous to her departure from such district, deliver to the collector of such district dupli- cate manifests of the lading on board such vessel, if there be any, or, if there be none, he shall declare that such is the case: and to the truth of such manifest or deelaration he shall swear, and also obtain a permit from the col- lector, authorizing him to proceed to the place of his destination. The master of every foreign vessel, on his arrival u s within any district from any other district, shall, in all cases, within forty eight hours after his arrival, and previous to the unlading of any goods from on board such vessel, deliver to the collector of the district where he may have arrived, a manifest of the goods laden on board such vessel, if any there be; or if in ballast only, he shall so declare; he shall swear to the truth of such manifest or declaration, and shall also swear that such manifest contains an account of all the merchandise which was on board such vessel at the time, or has been since her depar- ture from the place from whence she shall be reported last to have sailed; and he shall also deliver to such collector the permit which was given him from the collector of the district from whence he sailed. Every master of any foreign vessel who neglects or u- * refuses to comply with any of the requirements of the two preceding sections, shall be liable to a penalty of one hundred dollars. Nothing therein contained shall, how- ever, be construed as affecting the payment of tonnage, or any other requirements to which such vessels are sub- ject by law. 280. Foreign tugboats. All steam tug-boats not of the United States found em- u. * 4 -^ ployed in towing documented vessels of the United States plying from one port or place in the same to another, shall be liable to a penalty of fifty cents per ton on the meas- urement of every such vessel so towed by them respec- tively, which sum may be recovered by way of libel or suit. This section shall not apply to any case where the towing, in whole or in part, is within or upon foreign waters. Any foreign railroad company or corporation, whose road enters the United States by means of a ferry or tug*boat, may own such boat, and it shall be subject 260 NAVIGATION LAWS f France, Euterpe, Star of Russia, Falls of Clyde, and H'/V- scott, shall be entitled to be registered as American ves- sels, with the benefits and privileges appertaining thereto. and the coasting trade between the islands aforesaid and any other portion of the United States shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts. [See par. 182, p. 182.] 285. Quarantine and public health. Apr. so, 1900. Quarantine stations shall be established at such places jS?y 9 i!'i902. in the Territory of Hawaii as the Surgeon-General of the 262 PART XX. TUAhr. WITH HAWAII. 2()3 Public Health Service of the Tinted States shall direct, and the quarantine regulations for said islands relating to the importation of diseases from other countries shall be under the control of the (lovernmcnt of the t'nited States. The quarantine station and grounds at the har- bor of Honolulu, together with all the public property belonirini; to that service, shall be transferred to the Public Health Service of the Fnited States, and said quarantine grounds shall continue to be so used and em- ployed until the station is changed to other grounds which may be selected by order of the Secretary of the Treasury. The health laws of the government of Hawaii relating to the harbor of Honolulu and other harbors and inlets from the sea and to the internal control of the health of the islands shall remain in the jurisdiction of the govern- ment of the Territory of Hawaii, subject to the quaran- tine laws and regulations of the United States. 286. Fisheries. All laws of the Kepublic of Hawaii which confer exclu- ^Tv-, ' 19 " sive fishing rights upon any person or persons are hereby repealed, and all fisheries in the sea waters of the Ter- ritory of Hawaii not included in any fish pond or artifi- cial inclosure shall be free to all citizens of the United States, subject, however, to vested rights; but no such vested right shall be valid after three years from the tak- ing effect of this Act unless established as hereinafter provided. Any person who claims a private right to any such s fishery shall, within tw r o years after the taking effect of this Act, file his petition in a circuit court of the Terri- tory of Hawaii, setting forth his claim to such fishing right, service of which petition shall be made upon the attorney-general, who shall conduct the case for the Ter- ritory, and such case shall be conducted as an ordinary action at law. If such fishing right be established, the attorney-gen- eral of the Territory of Hawaii may proceed, in such manner as may be provided by law for the condemnation of property for public use, to condemn such private right of fishing to the use of citizens of the United States upon making just compensation, which compensation, when lawfully ascertained, shall be paid out of any money in the treasury of the Territory of Hawaii not otherwise appropriated. 287. Wharves, harbors, pilots. That there shall be a superintendent of public works. s M ( >r - 7 -, 0f 190 - who shall have the powers and duties of the superin- tendent of public works and those of the powers and duties of the minister of the Interior which relate to * * * harbor improvements, wharves, landings, * 264 NAVIGATION LAWS OF THE UNITED STATES. explosives, eminent domain, public works, buildings, * now under the control and manage- ment of the minister of the interior, and those of the pow- ers and duties of the minister of finance and collector- general which relate to pilots and harbor masters under the laws of Hawaii, except as changed by this Act and subject to modification by the legislature. sec. 89. Until further provision is made by Congress the wharves and landings constructed or controlled by the Republic of Hawaii on any seacoast, bay, roadstead, or harbor shall remain under the control of the government of the Territory of Hawaii, which shall receive and enjoy all revenues derived therefrom, on condition that said property shall be kept in good condition for the use and convenience of commerce, but no tolls or charges shall be made by the government of the Territory of Hawaii for the use of any such property by the United States, or by any vessel of war, tug, revenue cutter, or other boat or transport in the service of the United States. 288. Seamen's laws. sT vessels ami coasting trade. 291. Qua ran line and public liciiltli. 292. Harbors and na viable- waters. 293. Wbarvcs and piers. 289. General provisions. The Secretary of the Treasury shall designate the sev- i},!,'!'-., 1 -- 190 eral ports and supports of entry in Porto Rico and shall make such rules and regulations and appoint such agents as may be necessary to collect the duties and taxes author- ized to be levied, collected, and paid, in Porto Rico by (he provisions of this Act, and he shall fix the compen- sation and provide for the payment thereof of all such ollicers, agents, and assistants as he may find it necessary to employ to carry out the provisions hereof: Provided, Jtoircrci\ That as soon as a civil government for Porto Rico shall have been organized in accordance with the provisions of this Act and notice thereof shall have been given to the President he shall make proclamation thereof, and thereafter all collections of duties and taxes in Porto Rico under the provisions of this Act shall be paid into the treasury of Porto Rico, to be expended as required by law for the government and benefit thereof instead of be- ing paid into the Treasury of the United States. The laws and ordinances of Porto Rico now in force sec. s t shall continue in full force and effect, except as altered, amended, or modified hereinafter, or as altered or modi- fied by military orders and decrees in force when this Act shall take effect, and so far as the same are not inconsist- ent or in conflict with the statutory laws of the United States not locally inapplicable, or the provisions hereof, until altered, amended, or repealed by the legislative authority hereinafter provided for Porto Rico or by Act of Congress of the United States : The statutory laws of the United States not locally in- See. 14. applicable, except as hereinbefore or hereinafter other- wise provided, shall have the same force and effect in Porto Rico as in the United States, except the internal revenue laws, which, in view of the provisions of section three, shall not have force and effect in Porto Rico. Articles, goods, wares, or merchandise going into Porto OH. :>,. 1913. Rico from the United States shall he exempted from the Sec * IV> D * payment of any tax imposed by the internal-revenue laws of the United States. 290. Registry of vessels and coasting trade. The Commissioner of Navigation shall make such regu- P c r 9 12 ' 190 - lations, subject to the approval of the Secretary of Com- i;eb. i4, merce, as he may deem expedient for the nationaliza- ' tion of all vessels owned by the inhabitants of Porto Rico 265 266 NAVIGATION LAWS OF THE UNITED STATES. on the eleventh day of April, eighteen hundred and ninety-nine, and which continued to be so owned up to the date of such nationalization, and for the admission of the same to all the benefits of the coasting trade of the United States; and the coasting trade between Porto Rico and the United States shall be regulated in accord- ance with the provisions of law applicable to such trade between any two great coasting districts of the United States. [See par. 182, p. 182.] 291. Quarantine and public health. Apr. 12, looo. Quarantine stations shall be established at such places July 1 !', 1902. in Porto Rico as the Surgeon General of the Public Health Service of the United States shall direct, and the quarantine regulations relating to the importation of diseases from other countries shall be under the control of the Government of the United States. 292. Harbors and navigable waters. Apr. 12, 1900. All property which may have been acquired in Porto sec. is. Rico by the United States under the cession of Spain in said treaty of peace in any public bridges, road houses, water powers, highways, unnavigable streams, and the beds thereof, subterranean waters, mines, or minerals under the surface of private lands, and all property which at the time of the cession belonged, under the laws of Spain then in force, to the various harbor-works boards of Porto Rico, and all the harbor shores, docks, slips, and reclaimed lands, but not including harbor areas or navigable waters, is hereby placed under the control of the Government established by this Act to be admin- istered for the benefit of the people of Porto Rico; and the legislative assembly hereby created shall have author- ity, subject to the limitations imposed upon all its acts, to legislate with respect to all such matters as it may deem advisable. July i, 1902. Th e President be. and he is hereby, authorized to make, within one year after the approval of this Act, such res- ervation of public lands and buildings belonging to the United States in the island of Porto Rico, for military, naval, light-house, marine-hospital, post-oilices, custom- houses. 1'nitcd States courts, and other public purposes, as he may deem necessary, ami all the public lands and buildings, not including harbor areas and navigable streams and bodies of water and the submerged lands un- derlying the same, owned by the Tnited States in said island and not so reserved be. and the same are hereby, granted to the government of Porto Rico, to be held or disposed of for the use and benefit of the people of said island : Provided, That said grant is upon the express con- dition that the govei-nni'-nt of Porto Rico, by proper au- thority, release to the Tinted States any interest or claim it may have in or upon the lands or buildings reserved by the President under the provisions of this Act : .1 tid pro- 1'AIJT XXI. TKADK WITH I'OIITO KICO. 267 further* 'Flint nothing herein contained shall be SO construed us (o a Meet any legal <>r equitable rights 1C quired l>y the government of Porto Kico or by any other party, under any contract lease, or license made hy the I'nited States authorities prior to the first day of 'May. nineteen hundred. 293. Wharves and piers. The Secretary of War he. and he is hereby, empowered. '"'"' ' ' r "" ; - subject to the restrictions and under the conditions here- inafter mentioned, to authori/e the construction, exten- sion, and maintenance of any wharf, pier, dolphin, boom, weir, breakwater, sea wall, bulkhead, jetty, or other struc- ture on any of the lands belonging to the Tinted States which underlie the harbor areas and navigable streams and bodies of waters in or surrounding Porto Kico and the islands adjacent thereto and the filling in and dredg- ing of such lands. * * * * * All authorizations granted by the Secretary of War for Sec. 3. any such construction, extension, or maintenance * * * * * (b) Shall be subject to alteration, amendment, or repeal by Congress; (c) Shall provide that the wharfage fees and charges for vessels, for passengers, and for goods loaded or dis- charged on, from, at, or over any such structure, and for approach and entry to any such structure, shall be no greater than are just, reasonable, and fairly remunerative, and for that purpose shall at all times be subject to regu- lation and revision by the said Secretary of War: that such fees and charges shall be the same for all persons, and all persons shall have equal right to approach, enter, and use the said structure, subject to such reasonable rules and regulations as the grantee thereof may estab- lish, all of which rules and regulations shall be subject to revision by the Secretary of War: * * * * * (g) That the said structure shall not be sublet, sold, transferred, or assigned, nor shall the authorization there- for be granted, sold, transferred, or assigned without the consent of the Secretary of War. nor in any case to a per- son engaged, directly or indirectly, in the same line of business, in the same harbor area, navigable stream, or body of water, and that any grant, subletting, sale, trans fer, or assignment in violation hereof shall be null and void ; (h) That any and all vessels owned or chartered by the United States Government shall in case of any emer- gency, or in time of war. have prior right, free of charge, to the use of any such structure; and (i) Shall contain such further restrictions as the Sec- retary of War may see fit to impose therein. l PART XXII. TRADE WITH THE PHILIPPINES. 294. Treaty of peace. 297. TsirilT and internal revenue. 95. General provisions. 298. Aids to navigation and commerce. 296. Vessels and coasting trade. 294. Treaty of peace. Apr. 11, 1899. Sp a i n cedes to the United States the archipelago known as the Philippine Islands. [Article III, Treaty of Paris, Dec. 10, 1898, proclaimed Apr. 11, 1899.] The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States. [Article IV, Treaty of Paris, Dec. 10, 1898, proclaimed Apr. 11, 1899.] 295. General provisions. July i, 1902. xhe action of the President of the United States in creating the Philippine Commission and authorizing said Commission to exercise the powers of government to the extent and in the manner and form and subject to the regulation and control set forth in the instructions of the President to the Philippine Commission, dated April seventh, nineteen hundred, and in creating the offices of civil governor and vice-governor of the Philippine Is- lands, and authorizing said civil governor and vice-gov- ernor to exercise the powers of government to the extent and in the manner and form set forth in the Executive order dated June twenty-first, nineteen hundred and one, and in establishing four executive departments of govern- ment in said Islands as set forth in the Act of the Philip- pine Commission, entitled "An Act providing an or- ganization for the departments of the interior, of com- merce and police, of finance and justice, and of public instruction." enacted September sixth, nineteen hundred and one, is hereby approved, ratified, and confirmed, and until otherwise provided by law the said Islands shall continue to be governed as thereby and herein provided, and all laws passed hereafter by the Philippine Commis- sion shall have an enacting clause as follows: " P>y authority of the United States be it enacted by the Philippine ( 'ommission." The provisionsof section eight- een hundred and ninety-one of the Revised Statutes of eighteen hundred and seventy-eight shall not apply to the Philippine Islands. Future appointments of civil governor, vice-governor, members of said Commission and heads of executive de- partments shall be made by the President, by and with the advice and consent of the Senate. 268 PAKT XXII. TRADE WITH T 1 1 K I'l I 1 1 1 1 'I 'I M 1>(>1) The President of the United States, during >\n-\\ time as and wlienever the sovereignty and authority of the United States encounter armed resistance in the Philip- pine Islands, until otherwise provided by Congress, shall continue to regulate and control commercial intercourse with and within said Islands by such general rules and regulations as h**. in his discretion, may deem most con- ducive to the public interests and the general welfare. The duties and taxes collected in the Philippine Archi- !;;.';,* ' '"'- pel a go in pursuance of this Act, and all duties and taxes collected in the United States upon articles coming from the Philippine Archipelago and upon foreign ve.-scN coining therefrom, shall not be covered into the general fund of the Treasury of the United States, but shall be held as a separate fund and paid into the treasury of the Philippine Islands, to be used and expended for the gov- ernment and benefit of said islands. 296. Vessels and coasting trade. Until Congress shall have authorized the registry as A P r - 2 . 1908 vessels of the United States of vessels owned in the Phil- ippine Islands, the government of the Philippine Islands is hereby authorized to adopt, from time to time, and enforce regulations governing the transportation of mer- chandise and passengers between ports or places in the Philippine Archipelago. On and after the passage of this Act the same tonnage Sec. 2. taxes shall be levied, collected, and paid upon all foreign vessels coming into the United States from the Philip- pine Islands which are required by law to be levied, collected, and paid upon vessels coming into the United States from foreign countries. The provisions of law restricting to vessels of the sec. 3. United States the transportation of passengers and mer- chandise directly or indirectly from one port of the United States to another port of the United States shall not be applicable to foreign vessels engaging in trade between the Philippine Islands and the United States. The Philippine Commission shall be authorized and Sec - 4 - empowered to issue licenses to engage in lighterage or other exclusively harbor business to vessels or other craft actually engaged in such business at the date of the pas- sage of this Act and to vessels or other craft built in the Philippine Islands or in the United States and owned by citizens of the United States or by inhabitants of the Philippine Islands. Such of the navigation laws of the United States as are Sec. 5. in force in the Philippine Islands in regard to vessels af- riving in the Philippine Islands from the mainland terri- tory and other insular possessions of the United States shall continue to be administered by the proper officials of the government of the Philippine Islands. The laws relating to entry, clearance, and manifests of g^gl' 19 2 ' steamships and other vessels arriving from or going to 270 NAVIGATION LAWS OF THE UNITED STATES. foreign ports shall apply to voyages each way between the Philippine Islands and the United States and the possessions thereof, and all laws relating to the collection and protection of customs duties not inconsistent with the Act of Congress of March eighth, nineteen hundred and two, " temporarily to provide revenue for the Philippine Islands," shall apply in the case of vessels and goods ar- riving from said Islands in the United States and its aforesaid possessions. The laws relating to seamen on foreign voyages shall apply to seamen on vessels going from the United States and its possessions aforesaid to said Islands, the customs officers there being for this purpose substituted for consu- lar officers in foreign ports. The provisions of chapters six and seven, [R. S., 4252- 4292] title forty-eight, Revised Statutes, so far as now in force, and any amendments thereof, shall apply to vessels making voyages either way between ports of the United States or its aforesaid possessions and ports in said Islands ; and the provisions of law relating to the public health and quarantine shall apply in the case of all vessels entering a port of the United States or its aforesaid pos- sessions from said Islands, where the customs officers at the port of departure shall perform the duties required by such law of consular officers in foreign ports. Section three thousand and five, Revised Statutes, as amended, and other existing laws concerning the transit of merchandise through the United States, shall apply to merchandise arriving at any port of the United States destined for any of its insular and continental possessions, or destined from any of them to foreign countries. Nothing in this Act shall be held to repeal or alter any part of the Act of March eighth, nineteen hundred and two, aforesaid, or to apply to Guam, Tutuila. or Manua. except that section eight of an Act entitled "An Act to revise and amend the tariff laws of the Philippine Archi- pelago, enacted by the Philippine Commission on the seventeenth of September, nineteen hundred and one. and approved by an Act entitled "An Act temporarily to pro- vide revenues for the Philippine Islands, and for other purposes, 91 approved March eighth, nineteen hundred and two, is hereby amended so as to authori/e the Civil (Jov- ernor thereof in his discretion to establish the equivalent lates of the money in circulation in said Islands with the money of the United States as often as once in ten days. 297. Tariff and internal revenue. Sec" rV 1 ? 13 ' There shall be levied, collected, and paid upon all arti- cles coining into the United Slates from the Philippine Islands the rates of duty which are required to be levied, collected, and paid upon like articles imported from for- eign countries: Pror'/rl< fL That all articles, the growth or product of or manufactured in the Philippine Islands from materials the growth or product of the Philippine PART XXII. TRADE WITH T 1 1 !; I'l 1 1 I.I I'I'I M-:s. 271 Islands or of the United States, or of both, or which do not contain foreign materials t<> the value of more than !_'() per centum of their total value, upon which no draw- back of customs duties has been allowed therein, routing into the United States from the Philippine Islands shall hereafter be admitted free of duty: Provided) however, That in consideration of the exemptions aforesaid, all articles, the growth, product, or manufacture of the United States, upon which no drawback of customs duties has been allowed therein, shall be admitted to the Philippine Islands from the United States free of duty: And, pror'nlal further. That the free admission, herein provided, of such articles, the growth, product, or manu- facture of the United States, into the Philippine Islands, or of the growth, product, or manufacture, as hereinbe- fore defined, of the Philippine Islands into the United States, shall be conditioned upon the direct shipment thereof, under a through bill of lading, from the country of origin to the country of destination: Provided, That direct shipment shall include shipments in bond through foreign territory contiguous to the United States: Pro- vided, however, That if such articles become unpacked while en route by accident, wreck, or other casualty, or so damaged as to necessitate their repacking, the same shall be admitted free of duty upon satisfactory proof that the unpacking occurred through accident or neces- sity and that the merchandise involved is the identical merchandise originally shipped from the United States or the Philippine Islands, as the case may be, and that its condition has not been changed except for such damage as may have been sustained : And provided, That there shall be levied, collected, and paid, in the United States, upon articles, goods, wares, or merchandise coming into the United States from the Philippine Islands, a tax equal to the internal-revenue tax imposed in the United States upon the like articles, goods, wares, or merchan- dise of domestic manufacture; such tax to be paid by internal-revenue stamp or stamps, to be provided by the Commissioner of Internal Revenue, and to be affixed in such manner and under such regulations as he, with the approval of the Secretary of the Treasury, shall pre- scribe; and such articles, goods, wares, or merchandise, shipped from said islands to the United States, shall be exempt from the payment of any tax imposed by the internal-revenue laws of the Philippine Islands: And provided further, That there shall be levied, collected, and paid in the Philippine Islands, upon articles, goods, wares, or merchandise going into the Philippine Islands from the United States, a tax equal to the internal- revenue tax imposed in the Philippine Islands upon the like articles, goods, wares, or merchandise of Philippine Islands manufacture; such tax to be paid by internal- revenue stamps or otherwise, as provided by the laws in the Philippine Islands; and such articles, goods, wares, 92075 15 18 272 NAVIGATION LAWS OF THE UNITED STATES. or merchandise going into the Philippine Islands from the United States shall be exempt from the payment of any tax imposed by the internal-revenue laws of the United States : And provided further, That in addi- tion to the customs taxes imposed in the Philippine Islands, there shall be levied, collected, and paid therein upon articles, goods, wares, or merchandise imported into the Philippine Islands from countries other than the United States, the internal-revenue tax imposed by the Philippine Government on like articles manufactured and consumed in the Philippine Islands or shipped there- to for consumption therein, from the United States: And provided further, That from and after the passage of this Act all internal revenues collected in or for account of the Philippine Islands shall accrue intact to the general gov- ernment thereof and be paid into the insular treasury: And provided further, That section thirteen of "An Act to raise revenue for the Philippine Islands, and for other purposes," approved August fifth, nineteen hundred and nine, is hereby repealed. Mar. s, 1002. All .articles manufactured in bonded manufacturing warehouses in whole or in part of imported materials, or of materials subject to internal-revenue tax and intended for shipment from the United States to the Philippine Islands, shall, when so shipped, under such regulations as the Secretary of the Treasury may prescribe, be exempt from internal-revenue tax, and shall not be charged with duty except the duty levied under this Act upon imports into the Philippine Islands. All articles subject under the laws of the United States to internal-revenue tax, or on which the internal-revenue tax has been paid, and which may under existing laws and regulations be exported to a foreign country without the payment of such tax, or with benefit of drawback, as the case may be, may also be shipped to the Philippine Islands with like privilege, under such regulations and the filing of such bonds, bills of lading, and other secu- rity as the Commissioner of Internal Revenue may, with the approval of the Secretary of the Treasury, prescribe. And all taxes paid upon such articles shipped* to the Phil- ippine Islands since November fifteenth, nineteen hun- dred and one, under the decision of the Secretary of the Treasury of that date, shall he refunded to the parties who have paid the same, under such rules and regulations as the Secretary of the 'Treasury may prescribe, and a sum sufficient to make such payment is hereby appro- priated, out of any money in the Treasury not otherwise appropriated. Where materials on which duties have been paid are used in the manufacture of articles manufactured or pro- duced in the United States, there shall be allowed on th< shipment of said articles to the Philippine Archipelago drawback equal in amount to the duties paid on the mate- rials used, less one per centum of such duties, under such PART xxir. TI; ADI: WITH TIIK PHUJPPI] 'JT3 rules and regulations as the Secretary of the Treasury may prescribe. Merchandise in bonded warehoii-e or otherwise in the Sec. 7. custody and control of the ollicers of the customs, upon which duties have been paid, shall he entitled, on ship ment to the Philippine Islands within three years from the date of the original arrival, to a return of the di ; paid less one per centum, and merchandise upon which duties have not been paid may be shipped without the payment of duties to the Philippine Islands within said period, under such rules and regulations as may be pre- scribed by the Secretary of the Treasury. The provisions of the Act entitled "An Act to simplify s the laws in relation to the collection of revenues," ap- proved June tenth, eighteen hundred and ninety, as amended by an Act entitled "An Act to provide for the Government and to encourage the industries of the United States," approved July twenty-fourth, eighteen hundred and ninety-seven, shall apply to all articles com- ing into the United States from the Philippine Archi- pelago. The action of the President of the United States here- July i, tofore taken by virtue of the authority vested in him as Sec L Commander in Chief of the Army and Xavy, as set forth in his order of July twelfth, eighteen hundred and ninety eight, whereby a tariff of duties and taxes as set forth by said order was to be levied and collected at all ports and places in the Philippine Islands upon passing into the occupation and possession of the forces of the United States, together with the subsequent amendments of said order, are hereby approved, ratified, and confirmed, and the actions of the authorities of the government of the Philippine Islands, taken in accordance with the provi- sions of said order and subsequent amendments, are hereby approved: /V^/vV/W, That nothing contained in this section shall be held to amend or repeal an Act en- titled "An Act temporarily to provide revenue for the Philippine Islands, and for other purposes,'' approved March eighth, nineteen hundred and two. 298. Aids to navigation and commerce. The government of the Philippine Islands is hereby ^'y i. authorized to provide for the needs of commerce by im- proving the harbors and navigable waters of said islands and to construct and maintain in said navigable waters and upon the shore adjacent thereto bonded warehon wharves, piers, light-houses, signal and life-saving Ma tions, buoys, and like instruments of commerce, and to adopt and enforce regulations in regard thereto, includ- ing bonded warehouses wherein articles not intended to be imported into said islands nor mingled with the property therein, but brought into a port of said islands for re shipment to another country, may be deposited in bond and reshipped to another country without the payment of customs duties or charges. PART XXIII. TRADE WITH ALASKA. 299. Coasting laws. 300. Firearms and liquor. 301. Special licenses, and wharf charges. 302. Transfer of cargo. 303. Yukon and Stickine River trade. 304. Procedure. 305. Pribilof, St. Paul, St. George, Walrus, and Otter Islands, and Sea Lion Kock. 306. Transit in bond. 307. Crimes and penalties. R. S., 1954. R. S.,4358. Mar. 3. 1800. SIM-. 142. s!-.'- r V;o ls;> ' 299. Coasting- laws. The laws of the United States relating to customs, com- merce and navigation are extended to and over all the mainland, islands, and waters of the territory ceded to the United States by the Emperor of Russia by treaty concluded at Washington on the thirtieth day of March. anno Domini eighteen hundred and sixty-seven, so far as the same may be applicable thereto. The coasting-trade between the territory ceded to the United States by the Emperor of Russia and any other portion of the United States shall be regulated in accord- ance with the provisions of law applicable to such trade between any two great districts. [See par. 182, p. 182. J 300. Firearms and liquor. If any person shall, without the authority of the United States, or some authorized officer thereof, sell, barter, or give to any Indian or half-breed who lives and associates with Indians any firearms or ammunition therefor what- ever, or any spirituous, malt, or vinous liquor, such per- son, upon conviction thereof, shall be punished by impris- onment in the county jail not less than two months nor more than six months, or by fine not less than one nor more than five hundred dollars. That the term " Indian " in this Act shall be so constmed as to include the aborig- inal races inhabiting Alaska when annexed to the United States, and their descendants of the whole or half blood. 301. Special licenses, and wharf charges. ^ n y P erson or persons, corporation or company pros- ecutinir or attempting to prosecute any of the following lines of business within the District of Alaska shall first apply for and obtain license so to do from a district, court or a subdivision thereof in said District, and pay for sajd license for the respective lines of business and trade 4 as follows, to wit: Freight and passenger transportation lines, propelled by mechanical power on inland waters, one dollar per ton 274 PAD r \\iii. n;.\i)i: WITH ALASKA. 275 per annum Oil net tonnage. custom-house measurement. of each vessel. Public docks, wharves. and warehouses. one Inindred dollars per annum. Ships and shipping: Ocean and coastwise vessels doing local business for hire plying in Alaskan waters, one dol- lar per ton per annum on net tonnage, custom-house meas- urement, of each vessel. Hereafter the Secretary of (he Treasury be authorized -J,'^ n. j^"; to charge and lix the rates of dockage and wharfage to be Bee. 10. paid by any private vessel or person allowed to use said wharf, the said receipts to be deposited with the Treas- urer of the United States as a miscellaneous receipt de- rived from Government property: and the Secretary of (he Treasury shall direct, by regulation or otherwise. by whom said wharfage and dockage receipts shall be collected. 302. Transfer of cargo. [See par. 25G, p. 246.] 303. Yukon and Stickine River trade. Whenever merchandise is imported into the United J^- 3 17 ' 1898 - States by sea for immediate exportation to a foreign port by sea, or by a river, the right to ascend or descend which for the purposes of commerce is secured by treaty to the citixens of the United States and the subjects of a foreign power, the Secretary of Commerce is hereby authorized g^-ffi 1903> to prescribe regulations for the transshipment and trans- portation of such merchandise. 304. Procedure. In all cases of fine, penalty, or forfeiture, embraced in l^ the act aproved March three, seventeen hundred and * IT.'.. ninety-seven, chapter thirteen [R. S., 5292], or mentioned in any act in addition to or amendatory of such act, that have occurred or may occur in the collection district of Alaska, the Secretary of the Treasury is authorized, ,'.',!'" 1 1, 1 ' 1903> if in his opinion the fine, penalty or forfeiture was in- curred without wilful negligence or intention of fraud. to ascertain the facts in such manner and under such regulations as he may deem proper without regard to the provisions of the act above referred to, and upon the facts so to be ascertained, he may exercise all the power of remission conferred upon him by that act. as fully as he might have done had such facts been ascer- tained under and according to the provisions of that act. [Sec. 10, act of Feb. 14, 1903, authorizes the Secretary of Commerce to remit in certain cases above.] 305. Pribilof, St. Paul, St. George, Walrus, and Otter Islands, and Sea Lion Bock. R R ]0 - The Pribilof Islands, including the islands of Saint s Paul and Saint George, Walrus and Otter Islands, and Jg?;^ 4 ' 1903 - Sea Lion Rock, in Alaska, are declared a special reserva- ^Jf*^ 1 * 191 - tion for government purposes: and until otherwise pro- " 276 NAVIGATION LAWS OF THE UNIT HI) STATES. vided by law it shall be unlawful for any person to land or remain on any of those islands, except through stre-s of weather or like unavoidable cause or by the authority of the Secretary of Commerce ; and any person found on any of those islands contrary to the provisions hereof shall be summarily removed and shall be deemed guilty of a misdemeanor, punishable by fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both fine and imprisonment; and it shall be the duty of the Secretary of Commerce to carry this section into effect. 306. Transit in bond. s!" y i4 4f 1898 ' Under rules and regulations to be prescribed by the Secretary of the Treasury, the privilege of entering goods, wares, and merchandise in bond or of placing them in bonded warehouses at any of the ports in the District of Alaska, and of withdrawing the same for exportation to any place in British Columbia or the Xorthwest Terri- tory without payment of duty, is hereby granted to the Government of the Dominion of Canada and its citizens or citizens of the United States and to persons who have declared their intention to become such whenever and so long as it shall appear to the satisfaction of the President of the United States, who shall ascertain and declare the fact by proclamation, that corresponding privileges have been and are being granted by the Government of the Dominion of Canada in respect of goods, wares and mer- chandise passing through the territory of the Dominion of Canada to any point in the District of Alaska from nny point in said District. 307. Crimes and penalties. s!-! r 'r, { ;'. lsl) ' If an J person shall willfully cast away, burn, sink, or otherwise destroy any ship, steamboat, or other vessel, with intent to injure or defraud any owner of such ship, steamboat, or other vessel, or with intent to injure or defraud the owner of any property laden on board the same, such person, upon conviction thereof, shall he pun- ished by imprisonment in the penitentiary not less than three or more than ten years. s<>< r>7 If any person shall lade, equip, or fit out, or assist in lading, equipping, or fitting out. any ship, steamboat, or other vessel, with the intent that the same shall be will- fully cast away, burnt, sunk, or otherwise destroyed, to injure or defraud any owner or insurer of said ship, steamboat, or other vessel, or of any property laden on board the same, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one nor more than five years. Sec.58. If tin. owner of any -hip. -teamhoat. or other vessel, or of any property laden or pretended to be laden on hoard the same, or if any other person concerned or assisting in the fitting out or lading of any such ship, steamboat, or PART \\11I. IKAhl. WITH AI.ASK \. 277 other Vessel, shall make out or exhibit or cause to be made out or exhibited any false or fraudulent invoice, bill of lading, bill of parcels, or other false estimate of any property laden or pretended to be laden on board of BUCO ship, steamboat, or other vessel, with intent to injure or derraud any insurer of such ship, steamboat, or other vessel or property, or any part thereof, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than six months nor more than three years. The collector and deputy collectors appointed for Se(> - 17t - Alaska Territory, and any person authorized in writing by either of them, or by the Secretary of the Treasury, J^V-j] 4 - l '"'" shall have power to arrest persons and seize vessels and k merchandise liable to fines, penalties, or forfeitures under this and the other laws extended over the Territory, and to keep and deliver the same to the marshal. [Sec. 10 of the act of Feb. 14, 1903, bestows this power in certain cases on the Secretary of Commerce*] PART XXIV. SEAL HUNTING AND ALASKA FISHERIES. 308. Convention with Great Britain, Japan, and Russia effective December 15, 1911. 309. Act of August 24, 1912. 310. Regulations for the protection of fur-bearing animals in Alaska, dated March 8, 1911, Depart- ment of Commerce. 311. Provisions of Revised Statutes. 312. Report to Congress. 313. Alaska fisheries. 314. Alien fishermen in Alaska. Art. I. Art. II. 308. Convention with. Great Britain, Japan, and Russia effect- ive December 15, 1911. The High Contracting Parties mutually and recipro- cally agree that their citizens and subjects respectively, and all persons subject to their laws and treaties, and their vessels, shall be prohibited, while this Convention remains in force, from engaging in pelagic sealing in the waters of the North Pacific Ocean, north of the thirtieth parallel of north latitude and including the Seas of Ber- ing, Kamchatka, Okhotsk and Japan, and that every such person and vessel offending against such prohibition may be seized, except within the territorial jurisdiction of one of the other Powers, and detained by the naval or other duly commissioned officers of any of the Parties to this Convention, to be delivered as soon as practicable to an authorized official of their own nation at the nearest point to the place of seizure, or elsewhere as may be mutually agreed upon; and that the authorities of the nation to which such person or vessel belongs alone shall have juris- diction to try the offense and impose the penalties for the same; and that the witnesses and proofs necessary to establish the offense, so far as they are under the control of any of the Parties to this Convention, shall also be furnished with all reasonable promptitude to the proper authorities having jurisdiction to try the offense. Each of the High Contracting Parties further agrees that no person or vessel shall be permitted to use any of its ports or harbors or any part of its territory for any purposes wh at soever connected with the operations of pelagic sealing in the waters within the protected area mentioned in Article I. 278 PART XXIV. SKA! HUNTING AM> ALASKA IISIII.l;! Each of the High Contracting Parties further agrees Art that no sealskins taken in the waters of the North Pacific Ocean within the protected area mentioned in Article I, and no sealskins identified as the species known as Jiinus alascanus, Callorhhiux v/r.sv/^/x, and I'iti'ili nxi** and belonging to the American. Russian or Japanese herds, except such as are taken under the au- thority of the respective Powers to which the breeding grounds of such herds belong and have been officially marked and certified as having heen so taken, shall he permitted to be imported or brought into the territory of any of the Parties to this Convention. It is further arrived that the provisions of this Conven- Art - IV - tion shall not apply to Indians, Ainos, Aleuts, or other aborigines dwelling on the coast of the waters mentioned in Article I, who carry on pelagic sealing in canoes not transported by or used in connection with other vessels, and propelled entirely by oars, paddles, or sails, and manned by not more than five persons each, in the way hitherto practiced and without the use of firearms; pro- vided that such aborigines are not in the employment of other persons, or under contract to deliver the skins to any person. Each of the High Contracting Parties agrees that it Art - v - will not permit its citizens or subjects or their vessels to kill, capture or pursue beyond the distance of three miles from the shore line of its territories sea otters in any part of the waters mentioned in Article I of this Convention. Each of the High Contracting Parties agrees to enact Art ' VL and enforce such legislation as may be necessary to make effective the foregoing provisions with appropriate pen- alties for violations thereof. It is agreed on the part of the United States, Japan, Art - VIT - and Russia that each respectively will maintain a guard or patrol in the waters frequented by the seal herd in the protection of which it is especially interested, so far as may be necessary for the enforcement of the foregoing provisions. All of the High Contracting Parties agree to cooperate Art - vnr with each other in taking such measures as may be appro- priate and available for the purpose of preventing pelagic sealing in the prohibited area mentioned in Article I. The term of pelagic sealing is hereby defined for the Art.ix. purposes of this Convention as meaning the killing, cap- turing or pursuing in any manner whatsoever of fur seals , Jj J; jj; at sea. This Convention shall go into effect upon the loth day Art. xvr. of December, 1911, and shall continue in force for a period of fifteen (15) years from that date, and thereafter until terminated by twelve (12) months' written notice given by one or more of the Parties to all of the others, 280 NAVIGATION LAWS OF THE UNITED STATES. Sec. 2. which notice may be given at the expiration of fourteen years or at any time afterwards, and it is agreed that at any time prior to the termination of this Convention, upon the request of any one of the High Contracting Parties, a conference shall be held forthwith between representatives of all the Parties hereto, to consider and if possible agree upon a further extension of this Con- vention w 7 ith such additions and modifications, if any, as may be found desirable. 309. Act of August 24, 1912. Aug. 24, 1912. No citizen of the United States, nor person owing duty of obedience to the laws or the treaties -of the United States, nor any of their vessels, nor any vessel of the United States, nor any person belonging to or on board of such vessel, shall kill, capture, or pursue, at any time or in any manner whatever, any fur seal in the waters of the north Pacific Ocean north of the thirtieth parallel of north latitude and including the seas of Bering, Kam- chatka, Okhotsk, and Japan ; nor shall any such person or vessel kill, capture, or pursue sea otter in any of the W 7 aters mentioned beyond the distance of three miles from the shore line of the territory of the United States. No citizen of the United States, nor person above de- scribed in the first section, shall equip, use, or employ, or furnish aid in equipping, using, or employing, or furnish supplies to any vessel used or employed, or to be used or employed, in carrying on or taking part in pelagic seal- ing or in sea-otter hunting in said waters, nor shall any of their vessels nor any vessel of the United States be so used or employed; and no person or vessel shall use any of the ports or harbors of the United States, or any pa it of the territory of the United States, for any purposes whatsoever connected with the operations of pelagic seal- ing or sea-otter hunting in the waters named in the first section of this Act; and no vessel which is engaged or employed, or intended to be engaged or employed, for or in connection with pelagic sealing or sea-otter hunting in such waters shall use any of the ports or harbors or any part of the territory of the United States for any pur- pose whatsoever. The provisions of the first and second sections of this Act shall not apply to Indians, Aleuts, or other aborigines dwelling on the American coast of the waters mentioned in the first section of this Act who carry on pelagic seal- ing in canoes or undecked boats propelled wholly by paddles, oars, or sails, and not transported by or used in connection with other vessel-, and manned by not more than five persons each, in the way hitherto practiced by the said Indians, Aleuts, or other aborigines, and without the use of firearms: Provided* 7w//vwr, That the excep- tion made in this section shall not apply to Indians, Aleuts, or other aborigines in the employment of Other- PART XXIV.-- SKA I. Ill -NTINc; AND AIASKX HSMKIMKS. 281 persons or who shall kill. capture, or pur-ue I'm- seals or sea otters under contract to deli VIM- the skins to any person. Thfe importation or bringing into territory of the ***.*. I'nited States, by any ])erson whatsoever, of skins of fur seals or sea otters taken in the waters mentioned in the first section of this Act, or of skins identified as those of the species known as Callorhinus alaseamis, ( 1 allorhinus ursimis, and Callorhinus kurilensis, or belonging to the American, Russian, or Japanese herds, whether raw, dressed, dyed, or manufactured, except such as have been taken under the authority of the respective parties to said convention, to which the breeding grounds of such herds belong, and have been oflicially marked and certified as having been so taken, is hereby prohibited; and all such articles imported or brought in after this Act shall take effect shall not be permitted to be exported, but shall be seized and forfeited to the United States. The President shall have power to make regulations Sec. 5. to carry this Act and the said convention into effect, and from time to time to add to, modify, amend, or revoke such regulations, as in his judgment may seem expedient. It shall be the duty of the Secretary of Commerce, under the direction of the President, to see that the said con- vention, the provisions of this Act, and the regulations made thereunder are executed and enforced; and all officers of the United States engaged in the execution and enforcement of this Act are authorized and directed to cooperate with the proper officers of any of the other parties to the said convention in taking such measures as may be appropriate and available under the said con- vention, this Act, or the regulations made thereunder for the purpose of preventing pelagic sealing as in this Act prohibited. Every person guilty of a violation of any of the pro- sec. 6. visions of said convention, or of this Act, or of any regu- lation made thereunder, shall, for each offense, be fined not less than two hundred dollars or more than two thousand dollars, or imprisoned not more than six months, or both; and every vessel, its tackle, apparel, furniture, and cargo, at any time used or employed in violation of this Act, or of the regulations made thereunder, shall be forfeited to the United States. If any vessel shall be found within the waters to which Sec. 7. this Act applies, having on board fur-seal skins or sea- otter skins, or bodies or seals or sea otters, or apparatus or implements for killing or taking seals or sea otter, it shall be presumed that such vessel was used or employed in the killing of said seals or sea otters, or that said ap- paratus or implements were used in violation of this Act, until the contrary is proved to the satisfaction of the court, in so far as such vessel, apparatus, and implements are subject to the jurisdiction of the United States. 282 NAVIGATION LAWS OF THE UNFIT.! > STATES. sec. 8. A n y violation of the said convention, or of this Act, or of the regulations thereunder, may be prosecuted either in the district court of Alaska, or in any district court of the United States in California, Oregon, or Washington. Sec - 9 - It shall be the duty of the President to cause a guard or patrol to be maintained in the waters frequented by the seal herd or herds and sea otter, in the protection of which the United States is especially interested, composed of naval or other public vessels of the United States des- ignated by him for such service; and any officer of any such vessel engaged in such service and any other officers duly designated by the President may search any vessel of the United States, in port, or in territorial waters of the United States, or on the high seas, when suspected of having violated, or being about to violate, the provisions of said convention, or of this Act, or of any regulation made thereunder, and may seize such vessel and the officers and crew thereof and bring them into the most accessible port of the Territory or of any of the States mentioned in the eighth section of this Act for trial. Any vessel or person described in the first section of this Act offending or being about to offend against the prohibitions of the said convention, or of this Act, or of the regulations made thereunder, may be seized and de- tained by the naval or other duly commissioned officers of any of the parties to the said convention other than the United States, except within the territorial jurisdiction of one of the other of said parties, on condition, however, that when such vessel or person is so seized and detained by officers of any party other than the United States such vessel or person shall be delivered as soon as practicable at the nearest point to the place of seizure, with the wit- nesses and proofs necessary to establish the offense so far as they are under the control of such party, to the proper official of the United States, whose courts alone shall have jurisdiction to try the offense and inrpose the penalties for the same : /Vf>r/V/W, however, That the said ollicers of any party to said convention other than the United States shall arrest and detain vessels and persons, as in this sec- tion specified, only after such party, by appropriate legis- lation or otherwise, shall have authorized the naval or other officers of the United States duly commissioned and instructed by the President to that end to arrest, detain, and deliver to the proper ollicers of such party vessels and subjects under the jurisdiction of that ( ioverninent otl'eud- ing against said convention or any statute or regulation made by that (lovernment to enforce said convention. The President of the United States shall determine by proclamation when such authority has been given by tin- other parties to said convention, and his determination shall be conclusive upon the question ; and such proclama- tion may be modified, amended, or revoked by proclama- tion of 'the President whenever, in his judgment, it is deemed expedient. PAHT \.\i\". SEAL aUNTINQ \M> AI.ASKA i-'isn KIMKS. 283 From and after tin* approval of this Act all killing of Bec.ll, fur seals on the IVibilof Islands, or anywhere within the jurisdiction of the I'nited States in Alaska, shall he sus- pended for a period of five years, and shall he. and is hcrehv. declared to he unlawful ; and all punishments and penalties heretofore enacted for the illegal killing of fin- seals shall he applicable and inflicted upon oll'enders under this section: /V^/vVW, That this prohibition shall not apply to the annual killing on the IVibilof Islands of such male seals as are needed to supply food, clothing, and boat skins for the natives on the islands, as is pro- vided for in article eleven of said convention : the skins of all seals so used for food shall be preserved and annually sold by the (Jovernment, and proceeds of such annual sales shall be covered into the Treasury of the United States. * * * The term "pelagic sealing" where used in this Act Soc> - 12 - shall be taken to mean the killing, capturing, or pursuing in any manner whatsoever of fur seals while the same arc- in the water. The word " person " where used in this Act shall extend and be applied to partnerships and corpora- tions. This act shall take effect immediately, and shall con- sec. is. tinue in force until the termination of the said convention. 310. Regulations for the protection of fur-bearing 1 animals in Alaska, dated May 24, 1915, Department of Commerce. Under the provisions of section 4 of the act approved April ^1, 1910, the hunting or killing of sea otter within the limits of Alaska Territory or in the waters thereof has been forbidden until November 1, 1920. 311. Provisions of Be vised Statutes. Xo person shall kill any otter, mink, marten, sable, or Mar.' f :1 9 fur seal, or other fur-bearing animal, within the limits sec. 173. of Alaska Territory or in the waters thereof; and every person guilty thereof shall, for each offense, be fined not less than two hundred nor more than one thousand sSL'^ 9 1{ dollars or imprisoned not more than six months, or both ; and all vessels, their tackle, apparel, furniture, and cargo found engaged in violation of this section shall be for- feited; but the Secretary of Commerce shall have power to authorize the killing of any such mink, marten, sable, fur seal, or other fur-bearing animal under such regula- tions as he may prescribe; and it shall be the duty of the Secretary of Commerce to prevent the killing of any fur seal except as authorized by law and to provide for the execution of the provisions of this section until it is otherwise provided by law. Section nineteen hundred and fifty-six of the Revised Mar. 2, 1889. Statutes of the United States is hereby declared to in- s elude and apply to all the dominion of the United States in the waters of Behring Sea ; and it shall be the duty of 284 NAVIGATION LAWS OF THE UNITED STATES. the President, at a timely season in each year, to issue his proclamation and cause the same to be published for one month in at least one newspaper if any such there be published at each United States port of entry on the Pacific coast, warning all persons against entering said waters for the purpose of violating the provisions of said section ; and he shall also cause one or more vessels of the United States to diligently cruise said waters and arrest all persons, and seize all vessels found to be, or to have been, engaged in any violation of the laws of the United States therein. 312. Report to Congress. sec. e 2. 6 ' 19 ' The governor [of Alaska] shall from time to time inquire into the operations of any person, company, asso- ciation, or corporation authorized by the United States, by contract or otherwise, to kill seal or other fur-bearing animals in the district, and any and all violations by such person, company, association, or corporation of the agree- ment with the United States under which the operations are being conducted, and shall annually report to Con- gress the result of such inquiries. 313. Alaska fisheries. June 26, 1906. Every person, company, or corporation carrying on the business of canning, curing, or preserving fish or manu- facturing fish products within the territory known as Alaska, ceded to the United States by Russia by the treaty of March thirtieth, eighteen hundred and sixty- seven, or in any of the waters of Alaska over which the United States has jurisdiction, shall, in lieu of all other license fees and taxes therefor and thereon, pay license taxes on their said business and output as follows : Can HIM! salmon, four cents per case: pickled salmon, ten cents per barrel; salt salmon in bulk, five cents per one hundred pounds; fish oil, ten cents per barrel; fertilizer, twenty cents per ton. The payment and collection of such license taxes shall be under and in accordance with the provisions of the Act of March third, eighteen hundred and ninety-nine, entitled '"An Act to define and punish crimes in the district of Alaska, and to provide a code of criminal procedure for the district," and amendments thereto. Sec. 2. The catch and pack of salmon made in Alaska by the owners of private salmon hatcheries operated in Alaska shall be exempt from all license lees and taxation of every nature at the rate of ten cases of canned salmon to every one thousand red or king salmon fry liberated, upon the following conditions: The Secretary of Commerce may from time to time, and on the application of the hatchery owner shall. within a reasonable time thereafter, cause such pri- vate hatcheries to be. inspected for the purpose of de- termining the. character of their operations, efficiency, PAIM \.\l\. SKAI. STUNTING AM> A! ASKA K! S I ! 1 . K I ! ;ind productiveneas, and if he approve the saui" shall cause notice of such approval to l>e filed in the oilier of the clerk or deputy clerk of the United States district court of the division of the district of Alaska wherein any such hatchery is located, and shall also notify the owners of such hatchery of the action taken by him. The- owner, agent, ollicer, or superintendent of any hatch- ery the effect i \ eness and productiveness of which has been approved as above provided shall, between the thirtieth day of June and the thirty-first day of Decem- ber of each year, make proof of the number of salmon fry liberated during the twelve months immediately preced- ing the thirtieth day of June, by a written statement under oath. Such proof shall be iiled in the office of the clerk or deputy clerk of the United States district court of the division of the district of Alaska wherein such hatchery is located, and when so filed shall entitle the respective hatchery owners to the exemption as herein provided; and a false oath as to the number of salmon fry liberated shall be deemed perjury and subject the offender to all the pains and penalties thereof. Dupli- cates of such statements shall also be filed with the Sec- retary of Commerce. It shall be the duty of such clerk or deputy clerk in whose office the approval and proof heretofore provided for are filed to forthwith issue to the hatchery owner, causing such proofs to be filed, certificates which shall not be transferable and of such denominations as said owner may request (no certifi- cate to cover fewer than one thousand fry), covering iii the aggregate the number of fry so proved to have been liberated ; and such certificates may be used at any time by the person, company, corporation, or association to whom issued for the payment pro tanto of any license fees or taxes upon or against or on account of any catch or pack of salmon made by them in Alaska; and it shall be the duty of all public officials charged with the duty of collecting or receiving such license fees or taxes to accept such certificates in lieu of money in payment of all license fees or taxes upon or against the pack of canned salmon at the ratio of one thousand fry for each ten cases of salmon. No hatchery owner shall obtain the re- bates from the output of any hatchery to which he might otherwise be entitled under this Act unless the efficiency of said hatchery has first been approved by the Secretary of Commerce in the manner herein provided for. It shall be unlawful to erect or maintain any dam, Soc - s - barricade, fence, trap, fish wheel, or other fixed or stfl tionary obstruction, except for purposes of fish culture, in any of the waters of Alaska at any point where the distance from shore to shore is less than five hundred feet, or within five hundred yards of the mouth of any red-salmon stream where the same is less than five hun- 286 NAVIGATION LAWS OF THE UNITED STATES. Sec. 4. Sec. 5. Sec. 6. dred feet in width, with the purpose or result of captur- ing salmon or preventing or impeding their ascent to their spawning grounds, and the Secretary of Commerce is hereby authorized and directed to have any and all such unlawful obstructions removed or destroyed. It shall be unlawful to lay or set any drift net, seine, set net, pound net, trap, or any other fishing appliance for any purpose except for purposes of fish culture, across or above the tide waters of any creek, stream, river, estuary, or lagoon, for a distance greater than one-third the width of such creek, stream, river, estuary, or lagoon, or within one hundred yards outside of the mouth of any red-salmon stream where the same is less than five hun- dred feet in width. It shall be unlawful to lay or set any seine or net of any kind within one hundred yards of any other seine, net, or other fishing appliance which is being or which has been laid or set in any of the waters of Alaska, or to drive or construct any trap or any other fixed fishing appliance within six hundred yards laterally or within one hundred yards endwise of any other trap or fixed fishing appliance. It shall be unlawful to fish for, take, or kill any salmon of any species in any manner or by any means except by rod, spear, or gaff, in any of the waters of Alaska over which the United States has jurisdiction, except Cook Inlet, the Delta of Copper River, Bering Sea, and the waters tributary thereto, from six o'clock postmeridian of Saturday of each week until six o'clock antemeridian of the Monday following, or to fish for, or catch, or kill in any manner or by any appliances except by rod, spear, or gaff, any salmon in any stream of less than one hun- dred yards in width in Alaska between the hours of six o'clock in the evening and six o'clock in the morning of the following day of each and every day of the week. Throughout the weekly close season herein prescribed the gate, mouth, or tunnel of all stationary and floating traps shall be closed, and twenty-five feet of the webbing or net of the "heart" of such traps on each side next t<> the " pot " shall be lifted or lowered in such manner as to permit the free passage of salmon and other fishes. The Secretary of Commerce may, in his discretion, sel aside any streams or lakes as preserves for spawn- ing grounds, in which fishing may l>e limited or en- tirely prohibited: and when, in his judgment, the re- sults of fishing operations in any stream, or oil' the mouth thereof, indicate that the number of salmon taken is larger than the natural production of salmon in such stream, he is authori/ed to establish close seasons or to limit or prohibit fishing entirely for one year or more within such stream or within five hundred yards of the mouth thereof, so as to permit salmon to increase: I'm- ritli-il. /totrcrer, That such power shall be exercised only after all persons interested shall be given a hearing, of I'.\I;T xxiv. -BBAL iirxTixc AND AIASKA i isn I:I;IES. 287 which due notice must be given ly publication ; and where the interested parties ;ire known to the Depart- ment they shall he personally notified liy a notice mailed not less than thirty days previous to such hearing-. N.t order made under this section shall be effective before, the next calendar year after same is made: .I//// i>rori(led fui-thci\ That such limitations and prohibitions shall not apply to those engaged in catching salmon who keep such streams fully stocked with salmon by artificial propa- gation. It shall be unlawful to can or salt for sale for food any Sec. 7. salmon more than forty-eight hours after it has been killed. It shall be unlawful for any person, company, or cor- Sec. 8. Deration wantonly to waste or destroy salmon or other food fishes taken or caught in any of the waters of Alaska. It shall be unlawful for any person, company, or cor- sec.o. poration canning, salting, or curing fish of any species in Alaska to use any label, brand, or trade-mark which shall tend to misrepresent the contents of any package of fish offered for sale: Pror't< r< /-, That nothing contained in this Act shall prevent those lawfully taking iish in the said waters from selling the same, fresh or cured, in Alaska or in Alaskan waters, to any alien person, company, or \rssel then being lawfully in said Waters: - 1 ml />i : r/J ( ,l further, That nothing contained in this Act shall prevent any person, firm, corporation, or association lawfully entitled to Jish in the waters of Alaska from employing as laborers any aliens who can now he lawfully employed under the exist- ing laws of the United States, either at stated wages or by piecework, or both, in connection with Alaskan fish- eries, or with the canning, salting or otherwise preserving of fish. Every person, company, corporation, or association Sec - 2 - found guilty of a violation of any provision of this Act or of any regulation made thereunder shall, for each offense, be fined not less than one hundred dollars nor more than five hundred dollars, which fine shall be a lien against any vessel or other property of the offending party or which was used in the commission of such unlawful act. Every vessel used or employed in violation of any pro- vision of this Act or of any regulation made thereunder shall be liable to a fine of not less than one hundred dol- lars nor more than five hundred dollars, and may be seized and proceeded against by way of libel in any court having jurisdiction of the offense. The violation of any provision of this Act or of any sec.3. regulation made thereunder may be prosecuted in any United States district court of Alaska, California, Ore- gon, or Washington. The collector of customs of the district of Alaska is Sec. 4. hereby authorized to search and seize every foreign ves- sel and arrest every person violating any provision of this Act or any regulation made thereunder, and the Secretary of Commerce shall have power to authorize officers of the Navy and of the Coast Guard and agents of the Department of Commerce to likewise make such searches, seizures, and arrests. If any foreign vessel shall be found within the waters to which this Act applies, having on board fresh or cured fish and appa- ratus or implements suitable for killing or taking fish, it shall be presumed that the vessel anol apparatus were used in violation of this Act until it is otherwise suffi- ciently proved. And every vessel, its tackle, apparatus, or implements so seized shall be given into the custody of the United States marshal of either of the districts men- tioned in section three of this Act, and shall be held by him subject to the proceedings provided for in section two of this Act. The facts in connection with such seiz- ure shall be at once reported to the United States district attorney for the district to which the vessel so seized shall be taken, whose duty it shall be to institute the proper proceedings. 290 NAVIGATION LAWS OF THE UNITED STATES. :. 5. The Secretary of Commerce shall have power to make rules and regulations not inconsistent with law to carry into effect the provisions of this Act. And it shall be the duty of the Secretary of Commerce to enforce the provisions of this Act and the rules and regulations made thereunder, and for that purpose he may employ, through the Secretary of the Treasury and the Secretary of the Navy, the vessels of the United States Coast Guard and of the Navy : Provided, however, That nothing contained in this Act shall be construed as affecting any existing treaty or convention between the United States and any foreign pow r er. PART XXV. QUARANTINE AND BILLS OF HEALTH. 315. Consular hill of health. 316. Quarantine regulations. 317. Quarantine inspection. 318. Quarantine anchorage. 319. Suspension of commerce. 320. Penalties. 321. State health laws. 322. Removal of cargo. 323. Removal of customhouse. 324. National quarantine. 315. Consular bill of health. It shall be unlawful for any merchant ship or other Feb - 15 1893 - vessel from any foreign port or place to enter any port of the United States except in accordance with the provi- sions of this act and with such rules and regulations of State and municipal health authorities as may be made in pursuance of, or consistent with, this act; and any such vessel which shall enter, or attempt to enter, a port of the United States in violation thereof shall forfeit to the United States a sum, to be awarded in the discretion of the court, not exceeding five thousand dollars, which shall be a lien upon said vessel, to be recovered by proceedings in the proper district court of the United States. In all such proceedings the United States district attorney for such district shall appear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for violation of the revenue laws of the United States. Any vessel at any foreign port clearing for any port or Sec 2 . place in the United States shall be required to obtain from the consul, vice-consul, or other consular officer of the United States at the port of departure, or from the medical officer where such officer has been detailed by the President for that purpose, a bill of health, in duplicate, in the form prescribed by the Secretary of the Treasury, setting forth the sanitary history and condition of said vessel, and that it has in all respects complied with the rules and regulations in such cases prescribed for securing the best sanitary condition of the said vessel, its cargo, passengers, and crew ; and said consular or medical officer is required, before granting such duplicate bill of health, to be satisfied that the matters and things therein stated are true; and for his services in that behalf he shall be entitled to demand and receive such fees as shall by law- ful regulation be allowed, to be accounted for as is re- quired in other cases. 291 292 NAVIGATION LAWS OF THE UNITED STATES. The President, in his discretion, is authorized to detail any medical officer of the Government to serve in the office of the consul at any foreign port for the purpose of fur- nishing information and making the inspection and giv- ing the bills of health hereinbefore mentioned. Any vessel clearing and sailing from any such port without such bill of health, and entering any port of the United States, shall forfeit to the United States not more than five thousand dollars, the amount to be determined by the court, which shall be a lien on the same, to be recov- ered by proceedings in the proper district court of the United States. In all such proceedings the United States district attorney for such district shall appear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws govern- Aug. is, 1894. ing cases of seizure of vessels for violation of the revenue laws of the United States. The provisions of this section shall not apply to vessels plying between foreign ports on or near the frontiers of the United States and ports of the United States adjacent thereto; but the Secretary of the Treasury is hereby authorized, when, in his discre- tion, it is expedient for the preservation of the public health, to establish regulations governing such vessels. see'iY 5 ' 1893 ' ^ n y vesse l sailing from any foreign port without the Maf. 3, 1901. bill of health required by section two of this Act, and arriving within the limits of any collection district of the United States, and not entering or attempting to enter any port of the United States, shall be subject to such quarantine measures as shall be prescribed by regulations of the Secretary of the Treasury, and the cost of such measures shall be a lien on said vessel, to be recovered by proceedings in the proper district court of the United States and in the manner set forth above as regards ves- sels from foreign ports without bills of health and enter- ing any port of the United States. 316. Quarantine regulations. FH,. in, 1893. The Surgeon-General of the Public-Health Service jSj 1, 1902. shall, immediately after this act takes effect, examine Aug. 14, 1912. ti ie quarantine regulations of all State and municipal boards of health, and shall, under the direction of the Secretary of the Treasury, cooperate with and aid State and municipal boards of health in the execution and en- forcement of the rules and regulations of such hoards :ind in the execution and enforcement of the rules and regulations made by the Secretary of the Treasury to pre- vent the introduction of contagious or infectious diseases into the United States from foreign countries, and into one State or Territory or the District of ('olumh'ui from another State or Territory or the District of Columbia, and all rules and regulations made ly the Secretary of the Treasury shall operate uniformly and in no manner dis- criminate against any port or place: and at such ports and places within the United States as, have no quarantine PART x.xv. QUARANTINE AND BILLS OF, n KAI.TH. l j ( .i;> regulations under State or municipal anthorit y. where such regulations an-, in the opinion of the Secretary of the Treasury, necc.-sary to pi-event the int roduetion of contagions or infections diseases into the Knitcd States fVoin foreign countries, or into one State or Territory or the District of Columbia from anotlier State or Territory or the District of Columbia, an.l at such ports and places within the United States where <|iiarantine regulations exist under the authority of the State or municipality which, in the opinion of the Secretary of the Treasury, are not snllicient to prevent the introduction of such dis- eases into the United States, or into one State or Terri- tory or the District of Columbia, from another State or Territory or the District of Columbia, the Secretary of the Treasury shall, if in his judgment it is necessary and proper, make such additional rules and regulations as are necessary to prevent the introduction of such, diseases into the United States from foreign countries, or into one State or Territory or the District of Columbia from another State or Territory or the District of Columbia, and when said rules and regulations have been made they shall be promulgated by the Secretary of the Treasury and enforced by the sanitary authorities of the States and municipalities, where the State or municipal health au- thorities will undertake to execute and enforce them; but if the State or municipal authorities shall fail or refuse to enforce said rules and regulations the President shall execute and enforce the same and adopt such measures as in his judgment shall be necessary to prevent the intro- duction or spread of such diseases, and may detail or ap- point officers for that purpose. The Secretary of the Treasury shall make such rules and regulations as are necessary to be observed by vessels at the port of depart- ture and on the voyage, where such vessels sail from any foreign port or place to any port or place in the United States, to secure the best sanitary condition of such vessel, her cargo, passengers, and crew ; which shall be published and communicated to and enforced by the consular officers of the United States. Xone of the penalties herein im- posed shall attach to any vessel or owner or officer thereof until a copy of this act, with the rules and regulations made in pursuance thereof, has been posted up in the office of the consul or other consular officer of the United States for ten days, in the port from which said vessel sailed; and the certificate of such consul or consular officer over his official signature shall be competent evi- dence of such posting in any court of the United States. The Secretary of the Treasury shall from time to time |JJ- 5 * 5 ' 1893> issue to the consular officers of the United States and to the medical officers serving at any foreign port, and other- wise made publicly known, the rules and regulations made by him, to be used and complied with by vessels in foreign ports, for securing the best sanitary condition 294 NAVIGATION LAWS OF THE UNITED STATES. of such vessels, their cargoes, passengers, and crew, be- fore their departure for any port in the United States, and in the course of the voyage; and all such other rules and regulations as shall be observed in the inspection of the same on the arrival thereof at any quarantine station at the port of destination, and for the disinfection and isolation of the same, and the treatment of cargo and persons on board, so as to prevent the introduction of cholera, yellow fever, or other contagious or infectious diseases ; and it shall not be lawful for any vessel to enter said port to discharge its cargo, or land its passengers, except upon a certificate of the health officer at such quar- antine station certifying that said rules and regulations have in all respects been observed and complied with, as well on his part as on the part of the said vessel and its master, in respect to the same and to its cargo, passen- gers, and crew ; and the master of every such vessel shall produce and deliver to the collector of customs at said port of entry, together with the other papers of the ves- sel, the said bills of health required to be obtained at the port of departure and the certificate herein required to be obtained from the health officer at the port of entry; and that the bills of health herein prescribed shall be con- sidered as part of the ship's papers, and when duly certi- fied to by the proper consular officer or other officer of the United States, over his official signature and seal, shall be accepted as evidence of the statements therein contained in any court of the United States. 317. Quarantine inspection. Sec. 6. On the arrival of an infected vessel at any port not provided with proper facilities for treatment of the same, the Secretary of the Treasury may remand said vessel, at its own expense, to the nearest national or other quaran- tine station, where accommodations and appliances are provided for the necessary disinfection and treatment of the vessel, passengers, and cargo: and after treatment of any infected vessel at a national quarantine station, and after certificate shall have been given by the Tnitcd States quarantine ollicer at said station that the vessel, cargo, and passengers are each and all free from infec- tious disease, or danger of conveying the same, said ves- sel shall be admitted to entry to any port of the United States named within the certificate, l^ut at any ports where sufficient quarantine provision has been made by State or local authorities the Secretary of the Treasury may direct vessels bound for said ports to undergo quar- antine at said State or local station. 318. Quarantine anchorage. ]>K in, 1803. The Surgeon-General, with the approval of the Secre- M/ir. 1 :}, 1901. tary of the. Treasury, is authori/ed to designate and mark the boundaries of the quarantine grounds and quarantine PART \\V. QUABANTINE AND mi.i.s OF iM.Ai.Til. 295 anchorages f'oi 1 vessels which are reserved for UM- at each 1'nitcd States quarantine station ; and any \ MBel e statement relative to the sanitary condition of said vessel or its contents or as to the health of any passenger or person thereon, shall be deemed guilty of a misdemeanor and subject to arrest, and upon conviction thereof be punished by a fine of not more than five hundred dollars or imprisonment for not more than one year, or both, in the discretion of the court. 319. Suspension of commerce. Whenever it shall be shown to the satisfaction of the JJ^ 1 "'' 1893 ' President that by reason of the existence of cholera or other infectious or contagious diseases in a foreign coun- try there is serious danger of the introduction of the same into the United States, and that notwithstanding the quarantine defense this danger is so increased by the introduction of persons or property from such country that a suspension of the right to introduce the same is demanded in the interest of the public health, the Presi- dent shall have power to prohibit, in whole or in part, the introduction of persons and property from such coun- tries or places as he shall designate and for such period of time as he may deem necessary. Whenever it shall be made to appear to the sat isfart ion Mnr - 27 189 - of the President that cholera, yellow fever, small-pox or plague exists in any State or Territory, or in the District of Columbia, and that there is danger of the spread of such disease into other States, Territories, or the District of Columbia, he is hereby authorized to cause the Secre- tary of the Treasury to promulgate such rules and regu- lations as in his ju'dgment may be necessary to prevent the spread of such disease from one State or Territory into another, or from any State or Territory into the Dis- trict of Columbia, or from the District of Columbia into any State or Territory, and to employ such inspectors and other persons as may be necessary to execute such regulations to prevent the spread of such disease. The 296 NAVIGATION LAWS OF THE UNITED STATES. said rules and regulations shall be prepared by the Sur- juiy i, 1902. geon-General of the Public Health Service under the ' direction of the Secretary of the Treasury, and any per- son who shall willfully violate any rule or regulation so made and promulgated shall be deemed guilty of a mis- demeanor, and upon conviction shall be punished by a fine of not more than five hundred dollars, or imprison- ment for not more than two years, or both, in the discre- tion of the court. 320. Penalties. Mar. 2 Sec. 2. 1890. Sec. 3. Any officer, or person acting as an officer, or agent of the United States at any quarantine station, or other per- son employed to aid in preventing the spread of such dis- ease, who shall willfully violate any of the quarantine laws of the United States, or any of the rules and regula- tions made and promulgated by the Secretary of the Treasury as provided for in section one of this act, or any lawful order of his superior officer or officers, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than three hun- dred dollars or imprisonment for not more than one year, or both, in the discretion of the court. When any common carrier or officer, agent, or employee of any common carrier shall willfully violate any of the quarantine laws of the United States, or the rules and regulations made and promulgated as provided for in section one of this act, such common carrier, officer, agent, or employee shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine of not more than five hundred dollars, or imprisonment for not more than two years or both, in the discretion of the court. Whenever any person shall trespass upon the grounds belonging to any quarantine reservation, * * such person, trespassing, shall, upon conviction thereof, pay a fine of not more than three hundred dollars, or be sentenced to imprisonment for a period of not more than thirty days, or shall be punished by both fine and imprisonment, at the discretion of the court. And it shall be the duly of the United States attorney in the district where the misdemeanor shall have been com- mitted to take immediate cogni/ance of the offense, upon July i 1902 report made to him by any medical officer of the Public 'Health Service, or by any officer of the customs service, or by any State officer acting under authority of section five of said act. 321. State health laws. R. s.,4792. The quarantines and other restraints established by the health-laws of any State, respecting any vessels arriving in, or bound to, any port or district thereof, shall be duly deserved l>y the officers of the customs revenue of the United States, by the musters and crews of the several Aug. 1, 1888. 1'Airr \\v. gr A I:\.\TI.\I. AND mi is OF III.AI.TII. revenue-cutters, and by the military officers commanding in any fort or station upon the sea-coast; and all such officers of the United States shall faithfully aid in the execution of such quarantines and health-laws, according to their respective powers and within their respective precincts, and as they shall be directed, from time to time, by the Secretary of the Treasury. But nothing in this Title | K. S.. 1 7 ( >_>-4800] shall enable any State to collect a duty of tonnage or impost without the consent of Congress. 322. Removal of cargo. Whenever, by the health-laws of any State, or by the i< regulations made pursuant thereto, any vessel arriving within a collection-district of such State is prohibited from coming to the port of entry or delivery by law estab- lished for such district, and such health-laws require or permit the cargo of the vessel to be unladen at some other place within or near to such district, the collector, after due report to him of the whole of such cargo, may grant his warrant or permit for the unlading and discharge thereof, under the care of the surveyor, or of one or more inspectors, at some other place where such health laws permit, and upon the conditions and restrictions which shall be directed by the Secretary of the Treasury, or which such collector may, for the time, deem expedient for the security of the public revenue. There shall be purchased or erected, under the orders of R - s - 4794 - the President, suitable warehouses, with wharves and inclosures, w r here merchandise may be unladen and de- posited, from any vessel which shall be subject to a quar- antine, or other restraint, pursuant to the health-laws of any State, at such convenient places therein as the safety of the public revenue and the observance of such health- laws may require. Whenever the cargo of a vessel is unladen at some other :i - s - 4795 - place than the port of entry or delivery under the fore- going provisions, all the articles of such cargo shall be deposited, at the risk of the parties concerned therein, in such public or other warehouses or inclosures as the col- lector shall designate, there to remain under the joint cus- tody of such collector and of the owner, or master, or other person having charge of such vessel, until the same are entirely unladen or discharged, and until the articles so deposited may be safely removed without contravening such health-laws. And when such removal is allowed, the collector having charge of such articles may grant permits to the respective owners or consignees, their fac- tors or agents, to receive all merchandise which has been entered, and the duties accruing upon which have been paid, upon the payment by them of a reasonable rate of storage: which shall be fixed by the Secretary of the Treasury for all public warehouses and inclosures. 298 NAVIGATION LAWS OF THE UNITED STATES. R. s., 4796. R. s., 4797. June 19, 1906. Sec. 3. The Secretary of the Treasury is authorized, whenever a conformity to such quarantines and health-laws re- quires it, and in respect to vessels subject thereto, to pro- long the terms limited for the entry of the same, and the report or entry of their cargoes, and to vary or dispense with any other regulations applicable to such reports or entries. No part of the cargo of any vessel shall, how- ever, in any case, be taken out or unladen therefrom, otherwise than is allowed by law, or according to the regulations hereinafter established. 323. Removal of customhouse. Whenever, by the prevalence of any contagious or epi- demic disease in or near the place by law established as the port of entry for any collection-district, it becomes dangerous or inconvenient for the officers of the revenue employed therein to continue the discharge of their re- spective offices at such port, the Secretary of the Treas- ury, or, in his absence, the Comptroller, may direct the removal of the officers of the revenue from such port to any other more convenient place, within, or as near as may be to, such collection-district. And at such place such officers may exercise the same powers, and shall be liable to the same duties, according to existing circum- stances, as in the port or district established by law. Public notice of any such removal shall be given as soon as may be. 324. National quarantine. j^i e Secretary of the Treasury shall have the control, direction, and management of all quarantine stations, grounds, and anchorages established by authority of the I'nited States, and as soon as practicable after the ap- proval of this Act shall select and designate such suitable places for them and establish the same at such points on or near the coast line of the United States or the border of the United States and a foreign country, as in his judg- ment are best suited for the same and necessary to pre- vent the introduction of yellow fever into the United States, and, in his discretion, he may also establish at the group of islands known as the Dry Tortugas, at the western end of the Florida, reef, and at such other point or points on or near the coast line of the United States (not to exceed four in the aggregate) as he deems neces- sary. quarantine grounds, stations, and anchorages, whereat or whereto infected vessels bound for any port in the United States may he detained or sent for the purpose of being disinfected, having their cargoes disin- fected and discharged, if necessary, and their sick treated in hospitals until all danger of infection or contagion from such vessels, their cargoes, passengers, or crews has been removed. On acquiring possession of any land and water in accordance with the provisions of this Act for the purpose PART XXV. QUAKANTINK AM) UII.I.S OK IIKAI.TH. 299 of establishing thereat a quarantine station and anchor age, tlu 1 Secretary of thr Treasury sliall cause to bo pub- lished in such newspapers as he may think proper, once a week for four successive weeks, a notice of the selection ami designation of such places for (|iiaraiit ine stations and anchorages, with a description of the boundaries of such quarantine stations and anchorages, and such rules and regulations as he shall adopt and promulgate. requir- ing vessels with yellow fever among their passengers or crews to go to specified quarantine stations and anchor- to ho dealt with there before visiting any port of the Tinted States. He shall establish at such quarantine stations and anchorages all necessary instrumentalities for disinfecting vessels and their cargoes, and where the same shall be required shall erect the necessary hospital buildings and install the necessary furniture and fittings for receiving and treating the sick among the passengers and crews of vessels going to such quarantine stations and anchorages, and provide for the separation of those among their passengers and crews who are suffering from yellow fever from those who are in good health, and shall further provide for doing all things necessary to eradicate such disease from such vessels, their cargoes, oassengers, and crews. Any vessel, or any officer of any vessel, or other person sec. 4. other than State health or quarantine officers, entering within the limits of any quarantine grounds and anchor- ages, or any quarantine station and anchorage, or depart- ing therefrom, in disregard of the quarantine rules and regulations or without the permission of the officer in charge of such quarantine ground and anchorage, or of such quarantine station and anchorage, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than three hun- dred dollars or by imprisonment for not more than one year, or both, in the discretion of the court. That any master or owner of any vessel violating any provision of this Act, or any provision of an Act entitled "An Act granting additional powers and imposing additional duties on the Marine-Hospital Service," approved Feb- ruary fifteenth, eighteen hundred and ninety-three, or violating any rule or regulation made in accordance with this Act or said Act of February fifteenth, eighteen hun- dred and ninety-three, relating to the inspection of ves- sels, or to the prevention of the introduction of contagious or infectious diseases into the United States, or any mas- ter, owner, or agent of any vessel making a false state- ment relative to the sanitary condition of such vessel or its contents, or as to the health of any passenger or per- son thereon shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than one year, or both, in the discretion of the court. 300 Sec. 5. NAVIGATION LAWS OF THE UNITED STATES. In any place where a quarantine station and plant is already established by State or local authorities it shall be the duty of the Secretary of the Treasury, before selecting and designating a quarantine station and grounds and anchorage for vessels, to examine such estab- lished stations and plants, with a view of obtaining a transfer of the site and plants to the United States, and whenever the proper authorities shall be ready to transfer the same or surrender the use thereof to the United States, the Secretary of the Treasury is authorized to obtain title thereto or possession and use thereof, and to pay a reason- able compensation therefor, if, in his opinion, such pur- chase or use will be necessary to the United States for quarantine purposes and the quarantine stations estab- lished by authority of this Act shall, when so established, be used to prevent the introduction of all quarantinable diseases. PART XXVI. IMMIGRATION. 325. Head t:ix. 326. Insular territory. 327. Excluded classes. 328. Contract labor. 329. Assisted i mini. grants. 330. Illegal landing. 331. Diseased immigrants. 332. Manifest of aliens. 333. Inspection of aliens. 334. Detention on board. 335. Deportation. 337. Frontier inspection. 338. Scope. 339. Place of deportation. 340. Place of entry. 341. Special classes. 342. Anarchists. 343. Foreign officials. 344. Miscellaneous. 345. Immigration to Philippines. 346. Registry and naturalization of Immigrants, 336. Public charges. 325. Head tax. There shall be levied, collected, and paid a tax of four Fob - 20 1907 - dollars for every alien entering the United States. The said tax shall be paid to the collector of customs of the port or customs district to which said alien shall come, or, if there be no collector at such port or district, then to the collector nearest thereto, by the master, agent, owner, or consignee of the vessel, transportation line, or other conveyance or vehicle bringing such alien to the United States. All head tax collected pursuant to the provisions of Mar 4 - 1909 - section one of the said Act of February twentieth, nine- teen hundred and seven, together with all fines, rentals collected, and moneys received from other sources under the laws regulating the immigration of aliens into the United States, shall be covered into the Treasury to the credit of miscellaneous receipts. The tax imposed by this section shall be a lien upon the vessel, or other vehicle of carriage or transportation bringing such aliens to the United States, and shall be a debt in favor of the United States against the owner or owners of such vessel, or other vehicle, and the payment of such tax may be enforced by any legal or equitable remedy. That the said tax shall not be levied upon aliens who shall enter the United States after an uninterrupted residence of at least one year, immediately preceding such entrance, in the Dominion of Canada, Newfoundland, the Republic of Cuba, or the Republic of Mexico, nor upon 301 302 NAVIGATION LAWS OF THE UNITED STATES. otherwise admissible residents of any possession of the United States, nor upon aliens in transit through the United States, nor upon aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign contiguous territory : Provided, That the Commissioner-General of Immigration, under the direc- tion or with the approval of the Secretary of Labor, by agreement with transportation lines, as provided in sec- tion thirty-two of this Act, may arrange in some other manner for the payment of the tax imposed by this sec- tion upon any or all aliens seeking admission from for- eign contiguous territory. 326. Insular territory. Provided further, That the provisions of this section shall not apply to aliens arriving in Guam, Porto Rico, or Hawaii; but if any such alien, not having become a citizen of the United States, shall later arrive at any port or place of the United States on the North American Continent the provisions of this section shall apply: Provided further, That whenever the President shall be satisfied that passports issued by any foreign government to its citizens to go to any country other than the United States or to any insular possession of the United States or to the Canal Zone are being used for the purpose of enabling the holders to come to the continental territory of the United States to the detriment of labor conditions therein, the President may refuse to permit such citizens of the country issuing such passports to enter the con- tinental territory of the United States from such other country or from such insular possessions or from the Canal Zone. 327. Excluded classes. Feb. 20, 1907. The following classes of aliens shall be excluded from MAT. 26, loio. admission into the United States: All idiots, imbeciles, feeble-minded persons, epileptics, insane persons, and per- sons who have been insane within five years previous; persons AV!IO have had two or more attacks of insanity at any time previously: paupers; persons likely to become a public charge; professional beggars; persons afflicted with tuberculosis or with a loathsome or dangerous con- tagious disease; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified by the examining surgeon as being mentally or physically defective, such mental or physical defect i'AKT \\\i. IMMIGRATION, 303 being of a nature which may allect the' ability of such ulk'ii to earn a living; persons \vlio have been Convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude; polygamies, or persons who admit their belief in the practice of poly-; amy: anarehists. or persons who believe in or advocate the overthrow by force or violence of the < !o\ ernineiit of the United States, or of all government, or of all forms of law, or the assassination ot public oilieials: prostitutes, or women or girls coming into the United States for the purpose of prostitution or for any other immoral pur- pose; persons who are supported by or receive in whole or in part the proceeds of prostitution: persons who pro- cure or attempt to bring in prostitutes or women or girls for the purpose of prostitution or for any other immoral purpose; persons hereinafter called contract laborers who have been induced or solicited to migrate to this country by offers or promises of employment or in consequence of agreements, oral, written or printed, expressed or im- plied, to perform labor in this country of any kind, skilled or unskilled; those who have been, within one year from the date of application for admission to the United States, deported as having been induced or solicited to migrate as above described; any person whose ticket or passage is paid for with the money of another, or who is assisted by others to come, unless it is affirmatively and satisfactorily shown that such person does not belong to one of the foregoing excluded classes and that said ticket or passage was not paid for by any corporation, associa- tion, society, municipality, or foreign government, either directly or indirectly; all children under sixteen years of age unaccompanied by one or both of their parents, at the discretion of the Secretary of Labor or under such regu- lations as he may from time to time prescribe: Provided, That nothing in this Act shall exclude, if otherwise admissible, persons convicted of an offense purely politi- cal, not involving moral turpitude: Provided further, That the provisions of this section relating to the pay- ments for tickets or passage by any corporation, associa- tion, society, municipality, or foreign government shall not apply to the tickets or passage of aliens in immediate and continuous transit through the United States to for- eign contiguous territory: A tiff />/-o >-; tion shall, at the expiration of his sentence, be taken into custody and returned to the country whence he came, or of which he is a subject or a citizen in the manner pro- vided in sections twenty and twenty-one of this Act. In all prosecutions under this section the testimony of a husband or wife shall be admissible and competent evi- dence against a wife or husband. I-AKT xxvi. I.MMK;I;A n<>.\. 305 328. Contract labor. It shall be a misdemeanor for any person, company, I/,', 1 '- f " 1007> partnership, or corporation, in any manner \\hatsoe\er, to prepay the transportation or in any way to assist or encourage the importation or migration 'of any contract laborer or contract laborers into the United States, unless such contract laborer or contract laborers are exempted under the terms of the last two provisos contained in sec- tion two of this Act. 329. Assisted immigrants. For every violation of any of the provisions of section sec.s. four of this Act the persons, partnership, company, or corporation violating the same, by knowingly assisting, encouraging, or soliciting the migration or importation of any contract laborer into the United States shall for- feit and pay for every such offense the sum of one thou- sand dollars, which may be sued for and recovered by the United States, or by any person Avho shall first bring his action therefor in his own name and for his own benefit, including any such alien thus promised labor or service of any kind as aforesaid, as debts of like amount are now recovered in the courts of the United States; and sepa- rate suits may be brought for each, alien thus promised labor or service of any kind as aforesaid. And it shall be the duty of the district attorney of the proper district to prosecute every such suit when brought by the United States. It shall be unlawful and be deemed a violation of sec- Sec - 6 - tion four of this Act to assist or encourage the importa- tion or migration of any alien by promise of employment through advertisements printed and published in any foreign country; and any alien coming to this country in consequence of such an advertisement shall be treated as coming under promise or agreement as contemplated in section two of this Act, and the penalties imposed by section five of this Act shall be applicable to such a case: Proridc.d* That this section shall not apply to States or Territories, the District of Columbia, or places subject to the jurisdiction of the United States advertising the in- ducements they offer for immigration thereto, respec- tively. No transportation company or owner or owners of ves- sec. 7. sels, or others engaged in transporting aliens into the United States, shall, directly or indirectly, either by writing, printing, or oral representation, solicit, invite, or encourage the immigration of any aliens into the United States, but this shall not be held to prevent transporta- 306 NAVIGATION LAWS OF THE UNITED STATES. tion companies from issuing letters, circulars, or adver- tisements, stating the sailings of their vessels and terms and facilities of transportation therein; and for a viola- tion of this provision, any such transportation company, and any such owner or owners of vessels, and all others engaged in transporting aliens into the United States, and the agents by them employed, shall be severally sub- jected to the penalties imposed by section five of this Act. 330. Illegal landing. sec. 8. Any person, including the master, agent, owner, or consignee of any vessel, who shall bring into or land in the United States, by vessel or otherwise, or who shall attempt, by himself or through another, to bring into or land in the United States, by vessel or otherwise, any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter the United States shall be deemed guilty of a misdemeanor, and shall, on convic- tion, be punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding two years, or by both such fine and imprisonment for each and every alien so landed or brought in or attempted to be landed or brought in. 331. Diseased immigrants. sec. 9. It shall be unlawful for any person, including any transportation company other than railway lines entering the United States from foreign contiguous territory, or the owner, master, agent, or consignee of any vessel to bring to the United States any alien subject to any of the following disabilities: Idiots^ imbeciles, epileptics, or persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease, and if it shall appear to the satisfaction of the Secretary of Labor that any alien so brought to the United States was afflicted with any of the said diseases or disabilities at the time of foreign em- barkation and that the existence of such disease or dis- ability might have been detected by means of a competent medical examination at such time, such person or trans- portation company, or the master, agent, ow y ner, or con- signee of any such vessel shall pay to the collector of cus- toms of the customs district in which the port of arrival is located the sum of one hundred dollars for each and every violation of the provisions of this section: and no vessel shall be granted clearance papers pending the determination of the question of the liability to the pay- ment of such fine, and in the event such fine is imp>ed. while it remains unpaid, nor shall such fine be remitted or refunded: Provided, That clearance may be granted TART XXVI.- IMMIGRATION. 307 prior to the determination of such ns upon the de- posit of a sum sufficient to co\cr Mich line and costs, such sum to be'named l>y the Secretary of Labor. The decision of the hoard of special inquiry, herein- s,-,-. 10. after provided for. hased upon the certificate of the examining medical oilicer, shall he final as to the rejection of aliens affected with tuhcrculosis or with a loathsome or dangerous contagious disease, or with any mental or physical disahility which would bring such aliens within any of the classes excluded from admission to the United States under section two of this Act. Upon the- certificate of a medical officer of the United s<-. 11. States Puhlic Health Service to the effect that a rejected alien is helpless from sickness, mental or physical disa- bility, or infancy, if such alien is accompanied by another alien whose protection or guardianship is required by such rejected alien, such accompanying alien may also be excluded, and the master, agent, owner, or consignee of the vessel in which such alien and accompanying alien are brought shall be required to return said alien and accom- panying alien in the same manner as vessels are required to return other rejected aliens. 332. Manifest of aliens. Upon the arrival of any alien by water at any port s**- 1 ^ within the United States it shall be the duty of the master or commanding officer of the steamer, sailing or other vessel having said alien on board to deliver to the immigration officers at the port of arrival lists or mani- fests made at the time and place of embarkation of such alien on board such steamer or vessel, which shall, in answer to questions at the top of said list, state as to each alien the full name, age, and sex; whether married or single ; the calling or occupation ; whether able to read or write; the nationality; the race; the last residence; the name and address of the nearest relative in the country from which the alien came; the seaport for landing in the United States; the final destination, if any, beyond the port of landing; whether having a ticket through to such final destination ; whether the alien has paid his own passage or whether it has been paid by any other person or by any corporation, society, municipality, or govern- ment, and if so, by whom; whether in possession of fifty dollars, and if less, how much; whether going to join a relative or friend, and if so, what relative or friend, and his or her name and complete address; whether ever before in the United States, and if so, when and where; whether ever in prison or almshouse or an institution or 308 NAVIGATION LAWS OF THE UNITED STATES. hospital for the care and treatment of the insane or sup- ported by charity; whether a polygamist; whether an anarchist ; whether coming by reason of any otf'er, solic- itation, promise, or agreement, express or implied, to per- form labor in the United States, and what is the alien's condition of health, mental and physical, and whether deformed or crippled, and if so, for how long and from what cause ; that it shall further be the duty of the mas- ter or commanding officer of every vessel taking alien passengers out of the United States, from any port thereof, to file before departure therefrom with the col- lector of customs of such port a complete list of all such alien passengers taken on board. Such list shall contain the name, age, sex, nationality, residence in the United States, occupation, and the time of last arrival of every such alien in the United States, and no master of any such vessel shall be granted clearance papers for his vessel until he has deposited such list or lists with the collector of customs at the port of departure and made oath that they are full and complete as to the name and other informa- tion herein required concerning each alien taken on board his vessel ; and any neglect or omission to comply with the requirements of this section shall be punishable as pro- vided in section fifteen of this Act. That the collector of customs with whom any such list has been deposited in accordance with the provisions of this section, shall promptly notify the Commissioner-General of Immigra- tion that such list has been deposited with him as pro- vided, and shall make such further disposition thereof as may be required by regulations to be issued by the Commissioner-General of Immigration with the approval of the Secretary of Labor: Provided, That in the case of vessels making regular trips to ports of the United States the Commissioner-General of Immigration, with the approval of the Secretary of Labor, may, when expe- dient, arrange for the delivery of such lists of outgoing aliens at a later date: Provided further, That it shall be the duty of the master or commanding officer of any ves- sel sailing from ports in the Philippine Islands, Guam, Porto Rico, or Hawaii to any port of the United States on the North American Continent to deliver to the ini mi- gration officers at the port of arrival lists or manifests made at the time and place of embarkation, giving the names of all aliens on board said vessel. Mar. 4, 1909. Until the provisions of section twelve of the immigra- tion Act of February twentieth, nineteen hundred and seven, relating to outward alien manifests, shall he made 4 applicable to passengers going out of the United States to Canada by land carriage, said provisions shall not apply to passengers going by vessels employed exclu- sively in the trade between the ports of the Tnited States and the Dominion of Canada and the Kepublic of Mexico. PART \\vi. IMMI<;I;\TION. 309 All aliens arriving by water at me ports of the I'nited ^U. States shall be listed in convenient groups, ami no one list or manifest -hall contain more than thirty names. To each alien or head of a family shall he given a ticket, on which shall he written his name, a nimiher or letter designating the list in which his name, and so forth, is contained, and his numher on said list, for convenience of identification on arrival. Kach list or manifest shall be verified by the signature and the oath or affirmation of the master or commanding sign each of said lists or manifests and make oath or affirmation in like manner before an immigration officer at the port of arrival, stating his professional experience and qualifications as a physician and surgeon, and that he has made a personal examination of each of the said aliens named therein, and that the said list or manifest, according to the best of his knowledge and belief, is full, correct, and true in all particulars relative to the mental and physical condition of said aliens. If no surgeon sails with any vessel bringing aliens the mental and physical examinations and the verifications of the lists or manifests shall be made by some competent surgeon em- ployed by the owners of the said vessel. In the case of the failure of the master or commanding Sec. 15. officer of any vessel to deliver to the said immigration officers lists or manifests of all aliens on board thereof, as required in sections twelve, thirteen, and fourteen of this Act. he shall pay to the collector of customs at the port of arrival the sum of ten dollars for each alien concerning whom the above information is not contained in any list 310 NAVIGATION LAWS OF THE UNITED STATES. as aforesaid : Provided, That in the case of failure with- out good cause to deliver the list of passengers required by section twelve of this Act from the master or com- manding officer of every vessel taking alien passengers out of the United States, the penalty shall be paid to the collector of customs at the port of departure and shall be a fine of ten dollars for each alien not included in said list; but in no case shall the aggregate fine exceed one hundred dollars. 333. Inspection of aliens. sec. 16. Upon the receipt by the immigration officers at any port of arrival of the lists or manifests of incoming aliens provided for in sections twelve, thirteen, and fourteen of this Act, it shall be the duty of said officers to go or to send competent assistants to the vessel to which said lists or manifests refer, and there inspect all such aliens, or said immigration officers may order a temporary re- moval of such aliens for examination at a designated time and place, but such temporary removal shall not be con- sidered a landing, nor shall it relieve the transportation lines, masters, agents, owners, or consignees of the vessel upon which said aliens are brought to any port of the United States from any of the obligations which, in case such aliens remain on board, would, under the provisions of this Act, bind the said transportation lines, masters, agents, owners, or consignees: Provided, That where a suitable building is used for the detention and examina- tion of aliens the immigration officials shall there take charge of such aliens, and the transportation companies, masters, agents, owners, and consignees of the vessels bringing such aliens shall be relieved of the responsibilit} 7 for their detention thereafter until the return of such aliens to their care. sec.17. The physical and mental examination of all arriving aliens shall be made by medical officers of the United States Public Health Service, who shall have had at least two years' experience in the practice of their profession since receiving the degree of doctor of medicine and who shall certify for the information of the immigration officers and the boards of special inquiry hereinafter provided for, any and all physical and mental defects or diseases observed by said medical officers in any such alien, or. should medical officers of the United States Public Health Service he not available, civil surgeons of not less than four years' professional experience may he employed in such emergency for such service, upon such terms as may he prescribed by the Commissioner-General of Immigra- tion under the direction or with the approval of tin ret a IT of Labor. The United States Public Health Serv- ice shall be reimbursed by the immigration service for all expenditures incurred in carrying out the medical inspec- tion of aliens under regulations of the Secretary of Labor. PART \\VI. IMMlClIATIoN. 311 334. Detention on board. It shall be the duty of the owner.-, ollicers. or agents of s "'- 18 - any vessel 01- transportation line, other than those rail way lines which may enter into a contract as provided in section thirty-two of this Act. bringing an alien to the Tnitcd States to prevent the landing of such alien in the. Tinted Stales at any time or place other than as d nated hy the immigration oilicers. and the negligent fail- ure of any such owner, ollicer. or agent to comply with the foregoing requirements shall he deemed a misde- meanor and he punished ly a line in each case of not less than one hundred nor more than one thousand dollars or hy imprisonment for a term not exceeding one year, or by both such line, and imprisonment; and every such alien so landed shall be deemed to be unlawfully in the Tinted States and shall be deported as provided in sections twenty and twenty-one of this Act. 335. Deportation. All aliens brought to this country in violation of law Sec - l9 - shall, if practicable, be immediately sent back to the country whence they respectively came on the vessels bringing them. The cost of their maintenance while on land, as well as the expense of the return of such aliens, shall be borne by the owner or owners of the vessels on which they respectively came; and if any master, person in charge, agent, owner, or consignee of any such vessel shall refuse to receive back on board thereof, or on board of any other vessel owned or operated by the same in- terests, such aliens, or shall fail to detain them thereon, or shall refuse or fail to return them to the foreign port from which they came, or to pay the cost of their main- tenance while on land, or shall make any charge for the return of any such alien, or shall take any security from him for the payment of such charge, such master, person in charge, agent, owner, or consignee shall be deemed guilty of a misdemeanor and shall, on convic- tion, be punished by a fine of not less than three hun- dred dollars for each and every such offense; and no ves- sel shall have clearance from any port of the United States while any such fine is unpaid : Pro rid erf. That the Commissioner-! General of Immigration, with the approval of the Secretary of Labor, may suspend, upon condi- tions to be prescribed by the Commissioner-General of Immigration, the deportation of any alien found to have come in violation of any provision of this Act, if, in his judgment, the testimony of such alien is necessary on be- half of the United States Government in the prosecution 312 NAVIGATION LAWS OF THE UNITED STATES. of offenders against any provision of this Act: Pro- Mar. 4, 1909. yjfo^ That no alien certified, as provided in section seventeen of this Act, to be suffering from tuberculosis or from a loathsome or dangerous contagious disease other than one of quarantinable nature shall be permitted to land for medical treatment thereof in any hospital in the United States, unless with the express permission of the Secretary of Labor: Provided, That upon the certificate of a medical officer of the United States Public Health Service to the effect that the health or safety of an insane alien would be unduly imperiled by immediate deporta- Mar. 4, 1009. tion, such alien may be held for treatment until such time as such alien may, in the opinion of such medical officer, be safely deported. Any alien who shall enter the United States in viola- tion of law, and such as become public charges from causes existing prior to landing, shall, upon the warrant of the Secretary of Labor, be taken into custody and de- ported to the country whence he came at any time within three years after the date of his entry into the United States. Such deportation, including one-half of the entire cost of removal to the port of deportation, shall be at the expense of the contractor, procurer, or other pei-son by whom the alien was unlawfully induced to enter the* United States, or, if that can not be done, then ' the cost of removal to the port of deportation shall be [at the expense of appropriations provided for the Immi- gration Service], and the deportation from such port shall be at the expense of the owner or owners of such vessel or transportation line by which such aliens respec- tively came : Provided, That pending the final disposal of the case of any alien so taken into custody he may t be released under a bond in the penalty of not less than five hundred dollars with security approved by the Secretary of Labor, conditioned that such alien shall be produced when required for a hearing or hearings in regard to the charge upon which he has been taken into custody, and for deportation if he shall be found to be unlawfully within the United States. Jec. 21. j n cage ^ Secretary of Labor shall be satisfied that an alien has been found in the United States in violation of this Act, or that an alien is subject to deportation under the provisions of this Act or of any law of the United States, he shall cause such alien within tho period of three years after landing or entry therein to be taken into custody and returned to the country whence lie came. as provided by section twenty of this Act, and a failure 4 or refusal on the part of the nia.-t ?-. agents, owners, or consignees of vessels to comply with the order of tin 1 Secretary of Labor to take on board, guard safely, and PART X\V1. IMMKillATl 313 return to the country whence lie came any alien ordered to be deported under (he provisions of this Ad .-hull he punished by (he imposition of (he penalties prescribed in section nineteen of this Ad : /'/v> //'///, 'That when in the opinion of the Secretary of Labor the mental or physical condition of such alien is such as to require personal care and attendance, he may employ a suitable person for that purpose, who shall accompany such alien to his or her final destination, and the expense incident to such service shall be defrayed in like manner. 336. Public charges. Any alien liable to be excluded because likely to be- Sec. 26. come a public charge or because of physical disability other than tuberculosis or a loathsome or dangerous contagious disease may, if otherwise admissible, never- theless be admitted in the discretion of the Secretary of Labor upon the giving of a suitable and proper bond or undertaking, approved by said Secretary in such amount and containing such conditions as he may prescribe, to the people of the United States, holding the United States or any State, Territory, county, municipality, or district thereof harmless against such alien becoming a public charge. The admission of such alien shall be a consideration for the giving of such bond or undertaking. Suit may be brought thereon in the name and by the proper law officers either of the United States Govern- ment or of any State, Territory, district, county, or mu- nicipality in which such alien becomes a public charge. 337. Frontier inspection. The Commissioner-General of Immigration, under the Sec.32. direction or with the approval of the Secretary of Labor, shall prescribe rules for the entry and inspection of aliens along the borders of Canada and Mexico, so as not to unnecessarily delay, impede, or annoy passengers in ordi- nary travel between the United States and said countries, and shall have power to enter into contracts with trans- portation lines for the said purpose. 338. Scope. For the purpose of this Act the term " United States " Sec. 33. as used in the title as well as in the various sections of this Act shall be construed to mean the United States and any waters, territory, or other place subject to the juris- diction thereof, except the Isthmian Canal Zone: Pro- r'tdrd, That if any alien shall leave the canal zone and attempt to enter any other place under the jurisdiction of the United States, nothing contained in this Act shall be construed as permitting him to enter under any other con- ditions than those applicable to all aliens. 314 NAVIGATION LAWS OF THE UNITED STATES. Sec. 35. Sec-. 30. Sec. 37. S.M-. 339. Place of deportation. The deportation of aliens arrested within the United States after entry and found to l>e illegally therein, pro- vided for in this Act, shall be to the trans-Atlantic or trans-Pacific ports from which said aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which said aliens embarked for such territory. 340. Place of entry- All aliens who shall enter the United States except at the seaports thereof, or at such place or places as the Secretary of Labor may from time to time designate, shall be adjudged to have entered the country unlawfully and shall be deported as provided by sections twenty and twenty-one of this Act: Provided, That nothing con- tained in this section shall affect the power conferred by section thirty-two of this Act upon the Commissioner- General of Immigration to prescribe rules for the entry and inspection of aliens along the borders of Canada and Mexico. 341. Special classes. Whenever an alien shall have taken up his permanent residence in this country, and shall have filed his declara- tion of intention to become a citizen, and thereafter shall send for his wife, or minor children to join him, if said wife or any of said children shall be found to be affected with any contagious disorder, such wife or children shall be held, under such regulations as the Secretary of Labor shall prescribe, until it shall be determined whether the disorder will be easily curable, or whether they can be permitted to land without danger to other persons; and they shall not be either admitted or deported until such facts have been ascertained : and if it shall be determined that the disorder is easily curable or that they can be permitted to land without danger to other persons, they shall, if otherwise admissible, thereupon be admitted. 342. Anarchists. No person w r ho disbelieves in or who is opposed to all organi/ed government, or who is a member of or afliliated with any organization entertaining and teaching such disbelief in or opposition to all organi/ed government. or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any ollicer or officers, either of specific individuals or of ollicers gener- ally. ,0!' the (Jovernment of the United States or of any other organi/ed government, because of his or their ollicial character, shall be permitted to enter the United States or anv territory or place subject to the jurisdiction thereof. This section shall be enforced by the Secretary PAB1 \\\i. IMMICKATION. 315 of Labor under such rules and regulations as he sliall prescribe. That any person who knowingly aids 01 gists any such person to outer the United State> or any territory or place subject to tlie jurisdiction thereof, or who connives or conspires with any person or persons to allow, procure, or permit any such person toeuter therein, except pursuant to such rules and regulations made by the Secretary of Labor shall lie lined not more than five thousand dollars, or imprisoned for not more than five years, or both. 343. Foreign officials. Xothing in this Act shall be construed to apply to SM-. -n. accredited ollicials of foreign governments nor to their suites, families, or guests. 344. Miscellaneous. All steamship or transportation companies, and other ^;) r s : '- owners of vessels, regularly engaged in transporting alien i'.'b.ji, immigrants to the United States, shall twice a year file a ^'- 7 - certificate with the Secretary of Labor that they have furnished to be kept conspicuously exposed to view in the office of each of their agents in foreign countries au- thorized to sell emigrant tickets, a copy of the law of March third, eighteen hundred and ninety-one, and of all subsequent laws of this country relative to immigra- tion, printed in large letters, in the language of the coun- try Avhere the copy of the law is to be exposed to view, and that they have instructed their agents to call the at- tention thereto of persons contemplating emigration be- fore selling tickets to them; and in case of the failure for sixty days of any such company or any such owners to file such a certificate, or in case they file a false certificate, they shall pay a fine of not exceeding five hundred dollars, to be recovered in the proper United States court, and said fine shall also be a lien upon any vessel of said com- pany or owners found within the United States. A'll contracts or agreements, expressed or implied, parol !.;.;'.'. ,-''' 1885 or special, which may hereafter be made by and between any person, company, partnership, or corporation, and any foreigner or foreigners, alien or aliens, to perform labor or service or having reference to the performance of labor or service by any person in the United States, its Territories, or the District of Columbia, previous to the migration or importation of the person or persons whose labor or service is contracted for into the United States, shall be utterly void and of no effect. The Commissioner-General of Immigration, with the Feb - 3 - 1905 - approval of the Secretary of Labor, shall have power to refund head tax heretofore and hereafter collected under section one of the immigration Act approved March third, nineteen hundred and three, upon presentation of evidence showing conclusively that such collection was erroneously made. 316 NAVIGATION LAWS OF THE UNITED STATES. Apr. 29, 1902. Nothing in the provisions of this Act or any other Act shall be construed to prevent, hinder, or restrict any for- eign exhibitor, representative, or citizen of any foreign nation, or the holder, who is a citizen of any foreign nation, of any concession or privilege from any fair or ex- position authorized by Act of Congress from bringing into the United States, under contract, such mechanics, artisans, agents, or other employees, natives of their re- spective foreign countries, as they or any of them may deem necessary for the purpose of making preparation for installing or conducting their exhibits or of preparing for installing or conducting any business authorized or permitted under or by virtue of or pertaining to any con- cession or privilege which may have been or may be granted by any said fair or exposition in connection with such exposition, under such rules and regulations as the Secretary of Labor may prescribe, both as to the admis- sion and return of such person or persons. 345. Immigration to Philippines. sec'c 6 ' 19 5 " ^ e i mm i ra ti n laws of the United States in force in the Philippine Islands shall be administered by the officers of the general government thereof designated by appropriate legislation of said government, and all moneys collected under said laws as duty or head tax on alien immigrants coming into said islands shall not be covered into the general fund of the Treasury of the United States, but shall be paid into the treasury of said islands to be used and expended for the government and benefit of said islands. 346. Registry and naturalization of immigrants. June 29, 1906. The designation of the Bureau of Immigration in the Department of Labor is hereby changed to the "Bureau of Immigration and Naturalization," which said Bureau, under the direction and control of the Secretary of Labor, in addition to the duties now provided by law, shall have charge of all matters concerning the naturali- zation of aliens. That it shall be the duty of the said Bureau to provide, for use at the various immigration stations throughout the Tuiled States, books of record, wherein the commissioners of immigration shall cause a registry to be made in the case of eaeli alien arriving in the I'nited States from and after the passage of this Act of the name, age, occupation, personal description (in- cluding height, complexion, color of hair and eyes), the place of birth, the last residence, the intended place of residence in the I'nited States, and the date of arrival of said alien, and. if entered through a port, the name of the vessel in which he comes. And it shall he the duty of said commissioners of immigration to cause to be granted to such alien a certificate of such registry, with the par- ticulars thereof. PART XXVII. OCEAN MAIL SKRVICE. 347. Ocean mail act of 1891. | 348. Crm-nil ocean niiiil service. 347. Ocean mail act of 1891. The Postmaster-Genera] is hereby authorized niul rin- Mar - 3 1891 - powered to enter into contracts 1'or a term not less than live nor more than ten years in duration, with American citizens for the carrying of mails on American steam- ships, between ports of the United States and such ports in foreign countries, the Dominion of Canada exceptcd, as in his judgment will best subserve and promote the postal and commercial interests of the United States, the mail service on such lines to be equitably distributed among the Atlantic, Mexican Gulf and Pacific ports. Said contracts shall be made with the lowest responsible bidder for the performance of said service on each route, and the Postmaster-General shall have the right to reject all bids not in his opinion reasonable for the attaining of the purposes named. Before making any contracts for carrying ocean mails Sec - 2 - in accordance with this act the Postmaster-General shall give public notice by advertising once a week, for three months, in such daily papers as he shall select in each of the cities of Boston, New York, Philadelphia, Baltimore, Xew Orleans, Saint Louis, Charleston, Norfolk, Savan- nah, Galveston and Mobile, and when the proposed serv- ice is to be on the Pacific Ocean, then in San Francisco, Tacoma and Portland. Such notice shall describe the route, the time when such contract will be made, the duration of the same, the size of the steamers to be used, the number of trips a year, the times of sailing, and the time when the service shall commence, which shall not be more than three years after the contract shall be let. The details of the mode of advertising and letting such con- tracts shall be conducted in the manner prescribed in chapter eight of title [R. S., 2941-2963] forty-six of the Revised Statutes for the letting of inland mail contracts so far as the same shall be applicable to the ocean mail service. The vessels employed in the mail service under the pro- "- 3 s ' 1891 ' visions of this Act "shall be steamships, owned and offi- ? 8 **^% u cered by American citizens, in conformity with the exist- secf'5. ' ing laws, or so owned and officered and registered accord- Aug - 18 1914< 317 318 NAVIGATION LAWS OF THE VXITF.l) STATES. ing to law, and upon each departure from the United States the following proportion of the crew shall be citi- zens of the United States, to wit : During the first two years of such contract for carrying the mails, one-fourth thereof ; during the next three succeeding years, one-third thereof; and during the remaining time of the continu- ance of such contract at least one-half thereof ; and shall be constructed after the latest and most approved t} r pes, with all the modern improvements and appliances for ocean steamers. They shall be divided into four classes. The first shall be iron or steel screw steamships, capable of maintaining a speed of twenty knots an hour at sea in ordinary weather, and of a gross registered tonnage of not less than eight thousand tons. No vessel except of said first class shall be accepted for said mail service under the provi- sions of this act between the United States and Great Britain. The second class shall be iron or steel steam- ships, capable of maintaining a speed of sixteen knots an hour at sea in ordinary weather, and of a gross registered tonnage of not less than five thousand tons. The third class shall be iron or steel steamships, capable of main- taining a speed of fourteen knots an hour at sea in ordi- nary weather, and of a gross registered tonnage of not less than two thousand five hundred tons. The fourth class shall be iron or steel or wooden steam-ships, capable of maintaining a speed of twelve knots an hour at sea in ordinary weather, and of a gross registered tonnage of not less than fifteen hundred tons. It shall be stipulated in the contract or contracts to be entered into for the said mail service that said vessels may carry passengers with their baggage in addition to said mails and may do all ordinary business done by steam-ships. sec. 4. All steamships of the first, second, and third employed as above and hereafter built shallbeconstriu-U'd witli particular reference to prompt and economical eon- \ersion into auxiliary naval cruisers, and according to plans and specifications to be agreed upon by and between the owners and the Secretary of the Navy, and they shall be of sullicient strength and stability to carry and sustain the working and operation of at least four effective rilled cannon of a caliber of not less than six inches, and shall be of the highest rating known to maritime commerce. And all vessels of said three classes heretofore built and so employed shall, before they are accepted for the mail service herein provided for, be thoroughly inspected by a competent naval oilicer or constructor detailed for that service by tin 1 Secretary of the Navy: and such oilicer shall report, in Writing, to the Secretary of the Navy, who shall transmit said report to the Postmaster-General; and no such vessel not approved by the Secretary of the Navy as suitable for the service required shall be em- ployed by the Postmaster-General as provided for in this act. PART XXVI!. OCEAN MAIL SKKVICE. 319 The rate of compensation! to be paid for such ocean Sec -5- mail service of the said first-class ships shall not exceed the sum of four dollars a mile, and tor the second-class ship> two dollars a mile, by the shortest practicable route, for each outward voyage: for the third-class ships not to exceed one dollar a mile, and for the fourth-class ships two-thirds of one dollar a mile, for the actual number of miles required by the Post Oilice Department to be trav- eled on each outward bound voyage: Provided, That in the case of failure from any cause to perform the regular voyages stipulated for in said contracts or any of them, a pro rata deduction shall be made from the compensation on account of such omitted voyage or voyages; and that suitable lines and penalties may be imposed for delays or irregularities in the due performance of service accord- ing to the contract, to be determined by the Postmaster- General: Pi'ornlcJ further, That no steamship so em- ployed and so paid for carrying the United States mails shall receive any other bounty or subsidy from the Treas- ury of the United States. Upon each of said vessels the United States shall be sec. e. entitled to have transported, free of charge, a mail-mes- senger, whose duty it shall be to receive, sort, take in charge and deliver the mails to and from the United States, and who shall be provided with suitable room for the accommodation of himself and the mails. The officers of the United States Navy may volunteer sec. 7. for service on said mail vessels, and when accepted by the contractor or contractors, may be assigned to such duty by the Secretary of the Navy whenever in his opinion such assignment can be made without detriment to the service, and while in said employment they shall receive furlough pay from the Government, and such other com- pensation from the contractor or contractors as may be agreed upon by the parties: Provided, That they shall only be required to perform such duties as appertain to the merchant service. Said vessels shall take, as cadets or apprentices, one Sec - American-born boy. under twenty-one years of age for each one thousand tons gross register, and one for each majority fraction thereof, who shall be educated in the duties of seamanship, rank as petty officers, and receive , such pay for their services as may be reasonable. Such steamers may be taken and used by the United Sec - 9 - States as transports or cruisers, upon payment to the owners of the fair actual value of the same at the time of the taking, and if there shall be a disagreement as to the fair actual value of the same at the time of the taking, and if there shall be a disagreement as to the fair actual value between the United States and the owners, then the same shall be determined by two impartial appraisers, 92075 15 21 320 NAVIGATION LAWS OF THE UNITED STATES. one to be appointed by each of said parties, they at the same time selecting a third, who shall act in said ap- praisement in case the two shall fail to agree. 348. General ocean mail service. n a j. ReaVSo, For transportation of foreign mails, $4,000,000 : Pro- Mar. '4, 1915. ' vided. That the Postmaster General shall be authorized to expend such sums as may be necessary, not exceeding $116,000, to cover the cost to the United States of main- taining sea post service on steamships conveying the mails, and not exceeding $87,900 for transferring the foreign mail from incoming steamships in New York Bay to the steamship and railway piers, for transferring the foreign mail from incoming steamships in San Francisco Bay to the piers, and for transporting the foreign mail from incoming steamships at Honolulu from quarantine to the piers; also for transferring the mail from steam- ships performing service under contract for transporting United States mail. The Postmaster-General may cause the mail to be car- ried in any steamboat or other vessel used as a packet on any of the waters of the United States. The Postmaster-General may, if he deem it for the pub- lic interest, make contracts for any period not exceeding one year, for carrying the mails in steamships between any of the ports of the United States. Upon the entry of every such vessel returning from any foreign port, the master thereof shall make oath that he has promptly delivered all the mail placed on board said vessel before clearance from the United States ; and if he shall fail to make such oath the vessel shall not be entitled to the privileges of a vessel of the United States. Mar. 4, 1909. The master or other person having charge or control of ' R. s.. any steamboat or other vessel passing between ports or places in the United States, arriving at any such port or place where there is a post-office, shall deliver to the post- master or at the post-office within three hours after his arrival, if in the daytime, and if at night, within two hours after the next sunrise, all letters and packages brought by him or within his power or control and not relating to the cargo, addressed to or destined for such port or place, for which he shall receive from the post- master two cents for each letter or package so delivered, unless the same is carried under a contract for carrying the mail; and for every failure so to deliver such letters or packages, the master or other person having charge or control of such steamboat or other vessel, shall be fined not more than one hundred and fifty dollars. The Postmaster-General may pay. to the master or owner of any vessel not regularly employed in carrying the mail, two cents for each letter carried \\\ Mich vessel between ports or places in the United States, or from any- foreign port to any port in the United States; but all such letters shall be deposited in the post-office at the port of arrival. R. s., R. s., 3970. R. s., 3976. sec e 23. ' ' 77 - R. s., 3978. PART XXVII. OCEAN MAIL SERVICE. 321 No vessel departing from the United States I'm any K. s. t SOST. foreign port shall receive on hoard or convey any letter or packet originating in the Tinted States which 'has not heen regularly received fVoin the post-ollice at the port of departure, and which does not relate to the cargo of such vessel, except as provided in section three thousand nine hundred and ninety-three; and every collector, or other officer of the port empowered to grant clearances, shall require from the master of such vessel, as a condition of clearance, an oath that he has not received on hoard, has not under his care or control, and will not receive or con- vey any letter or packet contrary to the provisions of this section. No vessel arriving within a port or collection district j^V^ 1909 * of the United States shall be allowed to make entry or jtepeais'it. s., hreak hulk until all letters on board are delivered to the 3988 ' nearest post-office, and the master or other person having charge or control thereof has signed and sworn to the fol- lowing declaration before the collector or other proper customs officer: I, A. B., master , of the - , arriving from , and now lying in the port of - , do solemnly swear (or affirm) that I have to the best of my knowledge and belief delivered to the post-office at - - every letter and every bag, packet, or parcel of letters which was on board the said vessel during her last voyage, or which were in my possession or under my power or con- trol. And any master or other person having charge or con- trol of such vessel who shall break bulk before he has delivered such letters shall be fined not more than one hundred dollars. Any special agent of the Post-Office Department, when R. s., 3989. instructed by the Postmaster-General to make examina- tions and seizures, and the collector or other customs offi- cers of any port, without special instructions, shall care- fully search all vessels for letters which may be on board or which have been conveyed contrary to law. Any special agent of the Post-Office Department, col- R. s., 3990. lector, or other customs officer, or United States marshal or his deputy, may at all times seize all letters and bags, packets or parcels, containing letters which are being car- ried contrary to law on board any vessel or any post- route, and convey the same to the nearest post-ollice, or may, by the direction of the Postmaster-General or Sec- retary of the Treasury, detain them until two months after the final determination of all suits and proceedings which may, at any time within six months after such seizure, be brought against any person for sending or carrying such letters. Every package or parcel seized by any special agent of R. s., 3991. the Post-Office Department, collector, or other customs officer, or United States marshal or his deputies, in which 322 NAVIGATION LAWS OF THE UNITED STATES. R. S., 3992. R. S., 4006. R. S., 4007. R. S., 4008. R. S., 4009. K. S., 4010. R. S., 4011. any letter is unlawfully concealed, shall be forfeited to the United States, and the same proceedings may be had to enforce the forfeiture as are authorized in respect to goods, wares, and merchandise forfeited for violation of the revenue laws; and all laws for the benefit and pro- tection of customs officers making seizures for violating the revenue laws shall apply to officers making seizures for violating the postal laws. Nothing herein contained shall be construed to prohibit the conveyance or transmission of letters or packets by private hands without compensation, or by special mes- senger employed for the particular occasion only. The Postmaster-General, after advertising for propos- als, may enter into contracts or make suitable arrange- ments for transporting the mail through any foreign country, between any two points in the United States, and such transportation shall be by the speediest, safest, and most economical route; and all contracts therefor may be revoked whenever any new road or canal shall be opened affording a speedier, more economical, and equally safe transportation between the same points; but in case of the revocation of any such contract, a fair indemnity shall be awarded to the contractor. The Postmaster-General may, after advertising for proposals, enter into contracts for the transportation of the mail between the United States and any foreign coun- try whenever the public interests will thereby be pro- moted. The mail between the United States and any foreign port, or between ports of the United States touching at a foreign port, shall be transported in steamships; but the Postmaster-General may have such transportation performed by sailing-vessels when the service can be facilitated thereby. For transporting the mail between the United States and any foreign port, or between ports of the United States touching at a foreign port, the Postmaster-General may allow as compensation, if by a Tinted States steam- ship, any sum not exceeding the sea and United States inland postage: and it' by a foreign steamship or by a sailing vessel, any sum not exceeding the sea-portage, on the mail so transported. | Amended. Mar. 3, 1891, p. 317.] The Postmaster-Genera] may impose lines on contract- ors for transporting (lie mail between the Tinted States and any foreign country, for any unreasonable or unnec- py delay in the departure of such mail, or the per- formance of the trip: but the line for any one default shall not exceed one-half the contract price for the trip. Kvery contract for transporting the mail between the United States and any foreign country shall contain. besides the usual stipulation for the right of the Post- master ( ieneral to discontinue the same, (lie further stip- ulation that it may be terminated by Congress. PART xxvii. OCEAN MAIL SERVICE. 323 The Postmaster-( Jeneral may. hy and with the advice K- *-. 4012. and consent of the President, make any arrangements which may l>c deemed just ami expedient for allowing the mails of Canada, or any other country adjoining the United States, to he transported over the territory of the United States from one point in such country to any other point in the same, at the expense of the country to which the mail belongs, upon obtaining a like privilege for the transportation of the Tinted States mail through the country to which the privilege is granted: hut such privilege may at any time he annulled hy the President or Congress from and after one month succeeding the day on which notice of the act of the President or Congres given to the chief executive or head of the post-ollice department of the country whose privilege is to he annulled. The Postmaster-General, under the direction of the H. s., 4015. President of the United States, is hereby authorized and empowered to charge upon, and collect from, all letters and other mailable matter carried to or from any port of the United States, in any foreign packet-ship or other vessel, the same rate or rates of charge for American postage which the government to which such foreign packet or other vessel belongs imposes upon letters and other mailable matter conveyed to or from such foreign country in American packets or other vessels as the post- age of such government, and at any time to revoke the same; and all custom-house officers and other United States agents designated or appointed for that purpose shall enforce or carry into effect the foregoing provision, and aid or assist in the collection of such postage, and to that end it shall be lawful for such officers and agents, on suspicion of fraud, to open and examine, in the pres- ence of two or more respectable persons, being citizens of the United States, any package or packages supposed to contain mailable matter found on board such packets or other vessels or elsewhere, and to prevent, if necessary, such packets or other vessels from entering, breaking bulk, or making clearance until such letters or other mail- able matter are duly delivered into the United States post-office. PART XXVIII. WEECKS. 349. Report of* wrecks. 350. Canadian wrecks. 351. Wrecks in foreign waters. 352. Wrecks in Florida waters. 349. Report of wrecks. s2? e io' 1874 ' Whenever any vessel of the United States has sus- tained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the collector of customs of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the ves- sel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall fur- nish, upon the request of either of such collectors of customs, such other information concerning the vessel. her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing require- ments after a reasonable time, he shall incur a penalty of one hundred dollars. sec. 11. Whenever the managing owner or agent of any vessel of the United States has reason, owing to the non-appear- ance of such vessel, or to any other circumstance, to apprehend that such vessel has been lost, he shall, as soon as conveniently may bo, send notice, in writing, to the collector of customs of the port to which said vessel belonged, of such loss, and the probable occasion thereof stating the name and the official number (if any) of the vessel, and the names of all persons on board, so far as the same can be a.-certained. and shall furnish, upon re- quest of the collector of such port, such additional infor- mation as he may be able; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of one hundred dollars. Sec. 12. It shall be the duty of the collectors of customs to immediately transmit to the Secretary of the Treasury 324 PART XXVIII. WRECKS. 325 such reports ;in\vner, agent, or master of any vessel of the United States to comply with the requirements thereof. The Secretary of ('oiumerce may. upon application i^"'- 1 :;- therefor, remit or mitigate any penalty provided for in Se&ii! this Act, or discontinue any prosecution to recover the ,'.','.' /,,!' |: "' :: - same, upon such terms as he. in his discretion, shall think propei 1 , and shall have authority to ascertain tin- facts upon all such applications in such manner and under such regulations as he may think proper. All penalties herein provided may be sued for, prosecuted, recovered, and disposed of in the manner prescribed by section forty-three hundred and five of the Revised Statutes. The owner, agent, or master of every barge which. while in tow through the open sea, has sustained or caused any accident, shall be subject in all respects to the provi- sions of sections ten, eleven, twelve, and thirteen of chap- ter three hundred and forty-four of the Statutes at Large, approved June twentieth, eighteen hundred and seventy- four, and the reports therein prescribed shall be trans- mitted by collectors of customs to the Secretary of Com- merce, who shall transmit annually to Congress a sum- mary of such reports during the previous fiscal year, to- gether with a brief statement of the action of the depart- ment in respect to such accidents. 350. Canadian wrecks. Canadian vessels and wrecking appurtenance may ren- May 24 189 - der 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 procla- mation by the President of the United States that the privilege of aiding American or other vessels and prop- erty 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 ves- sels and wrecking appliances of all descriptions. This Mar. 3, 1893. act shall be construed to apply to the canal and improve- ment 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 ren- dered inoperative by the said Government of the Domin- ion of Canada. 351. Wrecks in foreign waters. Consuls and vice-consuls, in cases where vessels of the R - s - 4238 - United States are stranded on the coasts of their consu- 326 NAVIGATION LAWS OF THE UNITED STATES. R. S., 4239. R. S., 4240. R. S., 4241. lates respectively, shall, as far as the laws of the country will permit, take proper measures, as well for the purpose of saving the vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved, and for taking inventories thereof; and the mer- chandise and effects saved, with the inventories thereof so taken, shall, after deducting therefrom the expenses, be delivered to the owners. No consul or vice-consul shall have authority to take possession of any such merchan- dise, or other property, when the master, owner, or con- signee thereof is present or capable of taking possession of the same. 352. Wrecks in Florida waters. All property, of any description whatsoever, which shall be taken from any wreck, from the sea, or from any of the keys and shoals, within the jurisdiction of the United States, on the coast of Florida, shall be brought to some port of entry within the jurisdiction of the United States. 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. No vessel, or master thereof, shall be regularly em- ployed 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 trust- worthy, and innocent of any fraud or misconduct in rela- tion to any property shipwrecked or saved on the coast. PART XXIX. COAST OF AIM) CUTTERS. 353. Coast Guard cutters. The President may, for the better securing the roller- R s - 2747 - tion of import or tonnage duties, cause to be maintained so many of the Coast (iuard cutters as may be necessary to be employed for the protection of the revenue, the ex- pense AY hereof shall be paid out of such sum as shall be annually appropriated for the Coast Guard, and not otherwise. The Secretary of the Treasury may direct the perform- R. s., 2758. ance of any service by the Coast Guard vessels which, in his judgment, is necessary for the protection of the revenue. The officers of the Coast Guard cutters shall respec- u. s., 2760. tively be deemed officers of the customs, and shall be sub- ject to the direction of such collectors of the revenue, or other officers thereof, as from time to time shall be desig- nated for that purpose. They shall go on board all ves- sels which arrive within the United States or within four leagues of the coast thereof, if bound for the United States, and search and examine the same, and every part thereof, and shall demand, receive, and certify the mani- fests required to be on board certain vessels, shall affix and put proper fastenings on the hatches and other com- munications with the hold of any vessel, and shall remain on board such vessels until they arrive at the port or place of their destination. The collector of each district may, with the approval of R. s., 2763. the Secretary of the Treasury, provide and employ such small open row and sail boats, and persons to serve in them, as shall be necessary for the use of the surveyors and inspectors in going on board of vessels and other- wise, for the better detection of frauds. The cutters and boats employed in the service of the R.s.,2764. Coast Guard shall be distinguished from other vessels by an ensign and pendant, with such marks thereon as shall be prescribed by the President. If any vessel or boat, not employed in the service of the Coast Guard, shall, within the jurisdiction of the United States, carry or hoist any pendant or ensign prescribed for vessels in such service, the master of the vessel so offending shall be liable to a penalty of one hundred dollars. Whenever any vessel liable to seizure or examination R. s., 2765. does not bring-to, on being required to do so, or on being 327 328 NAVIGATION LAWS OF THE UNITED STATES. chased by any cutter or boat which has displayed the pendant and ensign prescribed for- vessels in the Coast Guard, the master of such cutter or boat may fire at or into such vessel which does not bring-to, after such pend- ant and ensign has been hoisted, and a gun has been fired by such cutter or boat as a signal ; and such master, and all persons acting by or under his direction, shall be indemnified from any penalties or actions for damages for so doing. If any person is killed or wounded by such firing, and the master is prosecuted or arrested therefor, he shall be forthwith admitted to bail. July 7, 1884. Hereafter Coast Guard cutters shall be used exclu- sively for the public service, and in no way for private purposes. June 24, 1914. * * * In the discretion of the Secretary of the Treasury, any of the Coast Guard cutters provided for in this Act, or any other revenue cutter now or hereafter in commission, may be used to extend medical and sur- gical aid to the crews of American vessels engaged in the deep-sea fisheries, under such regulations as the Sec- retary of the Treasury may from time to time prescribe, and the said Secretary is hereby authorized to detail for duty on Coast Guard cutters such surgeons and other per- sons of the Public Health Service as he m.ay deem neces- sary. PART XXX. REMISSION OF FINES AND PENALTIES. 354. Remission of fines and penalties. Whenever any person \vh<> shall have incurred any fine, '' penalty, or forfeiture, or disability, or may be interested in any vessel or merchandise which has become subject to any seizure, forfeiture, or disability by authority of any provisions of law for imposing or collecting any duties or taxes, or relating to registering, recording, enrolling, or licensing vessels and for regulating the same, or provid- ing for the suppression of insurrections or unlawful com- binations against the United States, shall prefer his petition to the judge of the district in which such fine, penalty, or forfeiture, or disability has accrued, truly and particularly setting forth the circumstances of his case, and shall pray that the same may be mitigated or remitted, the judge shall inquire, in a summary manner, into the circumstances of the case; first causing reason- able notice to be given to the person claiming such fine, penalty, or forfeiture, and to the attorney of the United States for such district, that each may have an opportu- nity of showing cause against the mitigation or remission thereof; and shall cause the facts appearing upon such inquiry to be stated and annexed to the petition, and direct their transmission to the Secretary of the Treasury [Secretary of Commerce in some cases]. The Secretary Feb. 14, 1903. shall thereupon have power to mitigate or remit such Sec - 10 * fine, forfeiture, or penalty, or remove such disability, or any part thereof, if, in his opinion, the same was incurred without willful negligence, or any intention of fraud in the person incurring the same ; and to direct the prosecu- tion, if .any has been instituted for the recovery thereof, to cease and be discontinued, upon such terms or condi- tions as he may deem reasonable and just. The Secretary of the Treasury [Secretary of Commerce R in some cases] is authorized to prescribe such rules and soc.'io.' modes of proceeding to ascertain the facts upon which an application for remission of a fine, penalty, or for- feiture is founded, as he deems proper, and, upon ascer- taining them, to remit the fine, penalty, or forfeiture, if in his opinion it was incurred without willful negli- gence or fraud, in either of the following cases: First. If the fine, penalty, or forfeiture was imposed under authority of any revenue law, and the amount does not exceed one thousand dollars. 329 330 NAVIGATION LAWS OF THE UNITED STATES. Second. Where the case occurred within either of the collection districts in the States of California or Oregon. Third. If the fine, penalty, or forfeiture was imposed under authority of any provisions of law relating to the importation of merchandise from foreign contiguous ter- ritory, or relating to manifests for vessels enrolled or licensed to carry on the coasting-trade on the northern, northeastern, and northwestern frontiers. Fifth. If the fine, penalty, or forfeiture was imposed by authority of any provisions of law for levying or col- Mar, s, 1899. lecting any duties or taxes, or relating to registering, recording, enrolling, or licensing vessels, and the case arose within the collection-district of Alaska, or was im- posed by virtue of any provisions of law relating to fur- seals upon the islands of Saint Paul and Saint George. R. s., 5294 The Secretary of Commerce may, upon application Mai-. 2/ 1896.' theref or, remit or mitigate any fine, penalty, or f or- sec'iot' 1903< f eiture provided for in laws relating to vessels or dis- continue any prosecution to recover penalties or relating to forfeitures denounced in such laws, excepting the pen- alty of imprisonment or of removal from office, upon such terms as he, in his discretion, shall think proper ; o.nd all rights granted to informers by such laws shall be held subject to the Secretary's powers of remission, except in cases where the claims of any informer to the share of any penalty shall have been determined by a court of competent jurisdiction prior to the application for the re- mission of the penalty or forfeiture; and the Secretary shall have authority to ascertain the facts upon ail such applications in such manner and under such regulations as he may deem proper. u. s.,n295. Any officer or other person entitled to or interested in a part or share of any fine, penalty, or forfeiture incurred under any law of the United States, may be examined as a witness in any of the proceedings for the recovery of such fine, penalty, or forfeiture by either of the parties thereto, and such examination shall not deprive such witness of his share or interest in such fine, penalty, or forfeiture. June 26, 1884. Whenever any fine, penalty, forfeiture, exaction, or charge arising under the laws relating to vessels or sea- men has been paid to any collector of customs or consular officer, and application has been made within one year from such payment for the refunding or remission of the Feb. 14, 1903. s; , ] 11( >. the Secretary of Commerce if on investigation he finds that such 'fine, penalty, forfeiture, exaction, or charge was illegally, improperly, or excessively imposed, shall have the power, cither before or after the >ame has been covered into the Treasury, to refund so much of such fine, penalty, forfeiture, exaction or charge as he may think proper, from any moneys in the Treasury not otherwise appropriated. PART XXXL CATTLE, UYK STOCK. AND DAIRY TRADE. 355. Regulation of cat do ships. 356. Inspection of livo stork and meat products, 357. Horses and horse meat. 358. Diseased cattle. 359. Quarantine of live stock. 360. Exportation of diseased live stock. 361. Care of cattle in domestic U;H!. 362. Neat cattle. 363. Inspection of butter and dairy products. 355. Regulation of cattle ships. The Secretary of Agriculture is hereby authorized to Mar. 3, examine all vessels which are to carry export cattle from the ports of the United States to foreign countries, and to prescribe by rules and regulations or orders the accommo- dations which said vessels shall provide for export cattle, as to space, ventilation, fittings, food and water supply and such other requirements as he may decide to be neces- sary for the safe and proper transportation and humane treatment of such animals. Whenever the owner, owners, or master of any vessel Sec. 2. carrying export cattle shall willfully violate or cause or permit to be violated any rule, regulation or order made pursuant to the foregoing section the vessel in respect of which such violation shall occur may be prohibited from again carrying cattle from any port of the United States for such length of time, not exceeding one year, as the Secretary of Agriculture may direct, and such vessel shall be refused clearance from any port of the United States accordingly. 356. Inspection of live stock and meat products. That on and after October first, nineteen hundred am! M;i six, no person, firm, or corporation shall transport or offer for transportation, and no carrier of interstate or foreign commerce shall transport or receive for transpor- tation from one State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to any place under the jurisdiction of the United States, or to any foreign country, any carcasses or parts thereof, meat, or meat food products thereof which have not been inspected, examined, and marked as " Inspected and passed." in accordance with the terms of this Act and with the rules and regulations prescribed by the Secretary of Agriculture: Provided, That all meat 331 332 NAVIGATION LAWS OF THE UNITED STATES. and meat food products on hand on October first, nine- teen hundred and six, at establishments where inspection has not been maintained, or which have been inspected under existing law, shall be examined and labeled under such rules and regulations as the Secretary of Agricul- ture shall prescribe, and then shall be allowed to be sold in interstate or foreign commerce. That no person, firm, or corporation, or officer, agent, or employee thereof, shall forge, counterfeit, simulate, or falsely represent, or shall without proper authority use, fail to use, or detach, or shall knowingly or wrongfully alter, deface, or destroy, or fail to deface or destroy, any of the marks, stamps, tags, labels, or other identification devices provided for in this Act, or in and as directed by the rules and regulations prescribed hereunder by the Secretary of Agriculture, on any carcasses, parts of car- casses, or the food products, or containers thereof, subject to the provisions of this Act, or any certificate in relation thereto, authorized or required by this Act or by the said rules and regulations of the Secretary of Agriculture. That the Secretary of Agriculture shall cause to be made a careful inspection of all cattle, sheep, swine, and goats intended and offered for export to foreign countries at such times and places, and in such manner as he may deem proper, to ascertain whether such cattle, sheep, swine, and goats are free from disease. And for this purpose he may appoint inspectors who shall be authorized to give an official certificate clearly stating the condition in which such cattle, sheep, swine, and goats are found. And no clearance shall be given to any vessel having on board cattle, sheep, swine, or goats for export to a foreign country until the owner or shipper of such cattle, sheep, swine, or goats has a certificate from the inspector herein authorized to be appointed, stating that the said cattle, sheep, swine, or goats are sound and healthy, or unless the Secretary of Agriculture shall have waived the requirement of such certificate for export to the par- ticular country to which such cattle, sheep, swine, or goats are to be exported. That the Secretary of Agriculture shall also cause to lie made a careful inspection of the carcasses and parts thereof of all cattle, sheep, swine, and goats, the meat of which, fresh, salted, canned, corned, packed, cured, or otherwise prepared, is intended nnd offered for export to any foreign country, at such times and places and in such manner as he may deem proper. And for this purpose he may appoint inspectors who shall be authorized to give an official certificate stating the condition in which said cattle, sheep, swine, or goats, and the meat thereof, are found. And no clearance shall be given to any vessel having on board any fresh, salted, canned, corned, or packed PART XXXI. CATT1.K, l.IVK STOCK, AND DAIRY TRADE. 333 beef, mutton, pork, or goat moat. being the moat of ani- mals killed after the passage of this Art, or except hereinlu'fore provided for export to and sale in a for- eign country from any port in the United States, until the owner or shipper thereof shall obtain from an inspector appointed under the provisions of this Act a certificate that the said cattle, sheep. swine, and goats were sound and healthy at the time of inspection, and that their meat is sound and wholesome, unless the Secretary of Agriculture shall have waived the requirements of such certificate for the country to which said cattle, sheep, swine, and goats or meats are to he exported. That the inspectors provided for herein shall be author- ized to give official certificates of the sound and whole- some condition of the cattle, sheep, swine, and goats, their carcasses and products as herein described ; and one copy of every certificate granted under the provisions of this Act shall be filed in the Department of Agriculture, another copy shall be delivered to the owner or shipper, and when the cattle, sheep, swine, and goats or their car- casses and products are sent abroad, a third copy shall be delivered to the chief officer of the vessel on which the shipment shall be made. That no person, firm, or corporation engaged in the interstate commerce of meat or meat food products shall transport or offer for transportation, sell or offer to sell any such meat or meat food products in any State or Ter- ritory or in the District of Columbia or any place under the jurisdiction of the United States, other than in the State or Territory or in the District of Columbia or any place under the jurisdiction of the United States in which the slaughtering, packing, canning, rendering, or other similar establishment owned, leased, or operated by said firm, person, or corporation is located unless and until said person, firm, or corporation shall have complied with all of the provisions of this Act. That any person, firm, or corporation, or any officer or agent of any such person, firm, or corporation, who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor and shall be punished on con- viction thereof by a fine of not exceeding ten thousand dollars or imprisonment for a period of not more than two years, or by both such fine and imprisonment, in the discretion of the court. 357. Horses and horse meat. Live horses and the carcasses and products thereof be Mar - 22 - 1898 entitled to the same inspection as other animals, carcasses, and products thereof, herein named: Provided further, That the Secretary of Agriculture may in his discretion Ma y 25 - 190 - waive the requirement of a certificate with beef and other products, which are exported to countries that do not re- quire such inspection. 334 NAVIGATION LAWS OF THE UNITED STATES. 358. Diseased cattle. Aug. 30, 1890. Sec. 7. sec g e 30 ' 189 ' ^e importation of neat cattle, sheep, and other rumi- nants, and swine, which are diseased or infected with any disease, or which shall have been exposed to such infec- tion within sixty days next before their exportation, is hereby prohibited; and any person who shall knowingly violate the foregoing provision shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine not exceeding five thousand dollars, or by imprison- ment not exceeding three years, and any vessel or vehicle used in such unlawful importation with the knowledge of the master or owner of said vessel or vehicle that such importation is diseased or has been exposed to infection as herein described, shall be forfeited to the United States. 359. Quarantine of live stock. The Secretary of Agriculture be, and is hereby, author- ized, at the expense of the owner, to place and retain in quarantine all neat cattle, sheep, and other ruminants, and all swine, imported into the United States, at such ports as he may designate for such purpose, and under such conditions as he may by regulation prescribe, respec- tively, for the several classes of animals above described ; and for this purpose he may have and maintain possession of all lands, buildings, animals, tools, fixtures, and appur- tenances now in use for the quarantine of neat cattle, and hereafter purchase, construct, or rent as may be necessary, and he may appoint veterinary surgeons, inspectors, offi- cers, and employees by him deemed necessary to maintain such quarantine, and provide for the execution of the other provisions of this act. The importation of all animals described in this act into any port in the United States, except such as may be designated by the Secretary of Agriculture, with the ap- proval of the Secretary of the Treasury, as quarantine stations, is hereby prohibited ; and the Secretary of Agri- culture may cause to be slaughtered such of the animals named in this act as may be, under regulations prescribed by him, adjudged to be infected with any contagious dis- ease, or to have been exposed to infection so as to be dan- gerous to other animals; and that the value of animals so slaughtered as being so exposed to infection hut not infected may be ascertained by the agreement of the Sec- retary of Agriculture and owners thereof, if practicable; otherwise, by the appraisal by two persons familiar with the character and value of such property. t<> le appointed bv the Secretary of Agriculture, whose decision, if they ajrree, shall be final: otherwise the Secretary of Agricul- ture shall decide between them, and his decision shall be final: and the amount of the value thus ascertained shall be paid to the owner thereof out of money in the Treas- ury appropriated for the use of the Bureau of Animal Sec. 8. PART XXXI. CATTLE, LIVE STOCK, AND DAIRY TRADE. 335 Industry ; but no payment shall be made for any animal imported in violation of the provisions of this act. If any animals subject to quarantine according to the provisions of this act are brought into any port of the I'nited States where no quarantine station is established the collector of such port shall require the same to be con- veyed by the vessel on which they are imported or are found to the nearest quarantine station, at the expense of the owner. Whenever, in the opinion of the President, it shall be Sec. 9. necessary for the protection of animals in the United States against infectious or contagious diseases, he may, by proclamation, suspend the importation of all or any class of animals for a limited time, and may change, modify, revoke, or renew such proclamation, as the pub- lic good may require: and during the time of such sus- pension the importation of any such animals shall be unlawful. The Secretary of Agriculture shall cause careful in- Sec - 10 - spection to be made by a suitable officer of all imported animals described in this act, to ascertain whether such animals are infected with contagious diseases or have been exposed to infection so as to be dangerous to other animals, Avhich shall then either be placed in quarantine or dealt with according to the regulations of the Secre- tary of Agriculture; and all food, litter, manure, cloth- ing, utensils, and other appliances that have been so related to such animals on board ship as to be judged liable to convey infection shall be dealt with according to the regulations of the Secretary of Agriculture; And the Secretary of Agriculture may cause inspection to be made of all animals described in this act intended for exportation, and provide for the disinfection of all vessels engaged in the transportation thereof, and of all barges or other vessels used in the conveyance of such ani- mals intended for export to the ocean steamer or other vessels, and of all attendants and their clothing, and of all headropes and other appliances used in such exporta- tion, by such orders and regulations as he may prescribe; and if, upon such inspection, any such animals shall be adjudged, under the regulations o*f the Secretary of Agri- culture, to be infected or to have been exposed to infection so as to be dangerous to other animals, they shall not be allowed to be placed upon any vessel for exportation ; the expense of all the inspection and disinfection provided for in this section to be borne by the owners of the ves- sels on which such animals are exported. 360. Exportation of diseased live stock. In order to enable the Secretary of Agriculture to Feb - 2 - 1903 - effectually suppress and extirpate contagious pleuropneu- monia, foot and mouth disease, and other dangerous con- tagious, infectious, and communicable diseases in cattle and other live stock, and to prevent the spread of such diseases, the powers conferred on the Secretary of the 92075 15 22 336 NAVIGATION LAWS OF THE UNITED STATES. Treasury by sections four and five of an Act entitled "An Act for the establishment of a Bureau of Animal Industry, to prevent the exportation of diseased cattle, and to provide means for the suppression and extirpation of pleuropneumonia and other contagious diseases among domestic animals," approved May twenty-ninth, eighteen hundred and eighty-four (twenty-third United States Statutes, thirty-one), are hereby conferred on the Secre- tary of Agriculture, to be exercised exclusively by him. He is hereby authorized and directed, from time to time, to establish such rules and regulations concerning the exportation and transportation of live stock from any place within the United States where he may have reason to believe such diseases may exist into and through any State or Territory, including the Indian Territory, and into and through the District of Columbia and to for- eign countries, as he may deem necessary, and all such rules and regulations shall have the force of law. When- ever any inspector or assistant inspector of the Bureau of Animal Industry shall issue a certificate showing that such officer had inspected any cattle or other live stock which were about to be shipped, driven, or transported from such locality to another, as above stated, and had found them free from Texas or splenetic fever infection, pleuropneumonia, foot and mouth disease, or any other infectious, contagious, or communicable disease, such ani- mals, so inspected and certified, may be shipped, driven, or transported from such place into and through any State or Territory, including the Indian Territory, and into and through the District of Columbia, or they may be exported from the United States without further in- spection or the exaction of fees of any kind, except such as may at any time be ordered or exacted by the Secretary of Agriculture; and all such animals shall at all times be under the control and supervision of the Bureau of Animal Industry of the Agricultural Department for the purposes of such inspection. Sec. 2. The Secretary of Agriculture shall have authority to make such regulations and take such measures as he may deem proper to prevent the introduction or dissemination of the contagion of any contagious, infectious, or com- municable disease of animals from a foreign country into the United States or from one State or Territory of the United States or the District of Columbia to another, and to seize, quarantine, and dispose of any hay. straw, for- age . or similar material, or any meats, hides, or other animal products mining from an infected foreign country to the I'll it el States, or from one State or Territory or the District of Columbia in transit to another State or Territory or the District of Columbia whenever in his judgment such action is advisable in order to guard against the introduction or spread such contagion. Sec. 3. Any person, comptuiy. or corporation knowingly vio- lating the provisions of this Act or the orders or regula- PABT \\\i. I-ATTI K. uvi: STOCK, AND I>.\II;N TKADK. 337 tions miuk' in pursuance thereof shall be guilty of a DU8- demeanor. and on con\ iction -hall be punished by :i line of not less than one hundred dollars nor more than one thousand dollars, or liy imprisonment not more than one year, or by both such line and imprisonment. 361. Care of cattle in domestic trade. No railroad. express company, ear company, common -June 20, looe. carrier other than by water, or the receiver, trustee, or 6 of any of them, whose road forms any part of a line of road oxer which cattle, sheep, swine, or other animals shall be conveyed from one State or Territory or the District of Columbia into or through another State or Territory or the District of Columbia, or the owners or masters of steam, sailing, or other vessels carrying or transporting cattle, sheep, swine, or other animals from one State or Territory or the I )istrict of ( 'olumbia into or through another State or Territory or the District of Columbia, shall (-online the same in cars, boats, or vessels of any description for a period longer than twenty-eight consecutive hours without unloading the same in a hu- mane manner, into properly equipped pens for rest, water, and feeding, for a period of at least five consecu- tive hours, unless prevented by storm or by other acci- dental or unavoidable causes which can not be anticipated or avoided by the exercise of due diligence and foresight: Provided, That upon the written request of the owner or person in custody of that particular shipment, which written request shall be separate and apart from any printed bill of lading, or other railroad form, the time of confinement may be extended to thirty-six hours. In estimating such confinement, the time consumed in load- ing and unloading shall not be considered, but the time during which the animals have been confined without such rest or food or water on connecting roads shall be included, it being the intent of this Act to prohibit their continuous confinement beyond the period of twenty- eight hours, except upon the contingencies hereinbefore stated: Provided, That it shall not be required that sheep be unloaded in the nighttime, but where the time expires in the nighttime in case of sheep the same may continue in transit to a suitable place for unloading, sub- ject to the aforesaid limitation of thirty-six hours. Animals so unloaded shall be properly fed and watered sec. 2. during such rest either by the owner or person having the custody thereof, or in case of his default in so doing, then by the railroad, express company, car company, common carrier other than by water, or the receiver, trustee, or lessee of any of them, or by the owners or masters of boats or vessels transporting the same, at the reasonable expense of the owner or person in custody thereof, and such railroad, express company, car company, common carrier other than by water, receiver, trustee, or lessee of 338 NAVIGATION LAWS OF THE UNITED STATES. any of them, owners or masters, shall in such case have a lien upon such animals for food, care, and custody fur- nished, collectible at their destination in the same manner as the transportation charges are collected, and shall not be liable for any detention of such animals, when such detention is of reasonable duration, to enable compliance with section one of this Act; but nothing in this section shall be construed to prevent the ow T ner or shipper of animals from furnishing food therefor, if he so desires. sec.3. Any railroad, express company, car company, common carrier other than by water, or the receiver, trustee, or lessee of any of them, or the master or owner of any steam, sailing, or other vessel who knowingly and will- fully fails to comply with the provisions of the two pre- ceding sections shall for every such failure be liable for and forfeit and pay a penalty of not less than one hun- dred nor more than five hundred dollars: Provided, That when animals are carried in cars, boats, or other vessels in which they can and do have proper food, water, space, and opportunity to rest the provisions in regard to their being unloaded shall not apply. Sec. 4. The penalty created by the preceding section shall be recovered by civil action in the name of the United States in the circuit or district court holden within the district where the violation may have been committed or the per- son or corporation resides or carries on business; and it shall be the duty of United States attorneys to prosecute all violations of this Act reported by the Secretary of Agriculture, or which come to their notice or knowledge by other means. Mar. 3, 1905. No railroad company or the owners or masters of any Sec. 2. steam or sailing or other vessel or boat shall receive for transportation or transport from any quarantined State or Territory or the District of Columbia, or from the quarantined portion of any State or Territory or the Dis- trict of Columbia, into any other State or Territory or the District of Columbia, any cattle or other live stock, except as hereinafter provided; nor shall any person, company, or corporation deliver for such transportation to any railroad company, or to the master or owner of any boat or vessel, any cattle or other live stoc!:. except as hereinafter provided; nor shall any person, company. or corporation drive on foot, or cause to be driven on foot, or transport in private conveyance or cause to be transported in private conveyance, from a quarantined State or Territory or the District of Columbia, or from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of ( 'olumbia. any cattle or other live stock, except as hereinafter provided. 8cc.4. Cattle or other live stock' may he moved from a quaran- tined State or Territory or the District of Columbia, or PART XXXI. CATT1.I :. I.IVK STOCK, AND DAIKY TRADB. 339 IVoin the quarantined portion of any State or Territory or tin* District of Columbia, into any other State or Ter- ritory or the District of Columbia, under and in com pliance witli the rides and regulat ions of the Secretary of Agriculture, made and promulgated in pursuance of the provisions of section three of this Act: but it shall be unlawful to move, or to allow to be moved, any cattle or other live stock from any quarantined State or Territory or the District of Columbia, or from the quarant ined por- tion of any State or Territory or the District of Colum- bia, into any other State or Territory or the District of Columbia, in manner or method or under conditions other than those prescribed by the Secretary of Agriculture. Any person, company, or corporation violating the Sec - c - provisions of sections two or four of this Act shall be guilty of a misdemeanor, and on conviction shall be pun- ished* by a line of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment not more than one year, or by both such fine or imprisonment. 362. Neat cattle. The importation of neat cattle and the hides of neat ^-ff' 1894 - cattle from any foreign country into the United States is Vuiy i!i. is;. 7. prohibited: Provided, That the operation of this section ^ U ' L ; ">; ]!)U , ( shall be suspended as to any foreign country or countries, sees, iii, i.-.. or any parts of such country or countries, whenever the Secretary of the Treasury shall officially determine, and give public notice thereof that such importation will not tend to the introduction or spread of contagious or infec- tious diseases among the cattle of the United States ; and the Secretary of the Treasury is hereby authorized and empowered, and it shall be his duty, to make all necessary orders and regulations to carry this section into effect, or to suspend the same as herein provided, and to send copies thereof to the proper officers in the United States, and to such officers or agents of the United States in for- eign countries as he shall judge necessary. Any person convicted of a willful violation of any of Aug. 27, 1894. the provisions of the preceding section shall be fined not jJSy LM, 1897. exceeding five hundred dollars, or imprisoned not exceed- Sec - 26 - ing one year, or both, in the discretion of the court. Whenever the Secretary of Agriculture shall certify to Apr. 25, 1896. the President of the Tinted States what countries or parts of countries are free from contagious or in feet ions diseases of domestic animals, and that neat cattle, domestic ani- mals, and hides can be imported from such countries with- out danger to the domestic animals of the United States, the President of the United States may suspend the pro- hibition of the importation of neat cattle, domestic ani- mals, and hides, in the manner provided by law. That Apr. 23, 1897. the President be, and he is hereby, authorized to cause correspondence and negotiation to be had, through the Department of State or otherwise, with the authorities 340 NAVIGATION LAWS OF THE UNITED STATES. May 9, 1902. Sec. 5. of the Kingdom of Great Britain, for the purpose of securing the abrogation or modification of the regulations now enforced by said authorities which require cattle imported into Great Britain from the United States of America to be slaughtered at the port of entry, and pro- hibiting the same from being carried alive to other places in said Kingdom. 363. Inspection of butter and dairy products. All parts of an Act providing for an inspection of meats for exportation, approved August thirtieth, eight- een hundred and ninety, and of an Act to provide for the inspection of live cattle, hogs, and the carcasses and prod- ucts thereof which are the subjects of interstate commerce, approved March third, eighteen hundred and ninety-one, and of amendment thereto approved March second, eight- een hundred and ninety-five, which are applicable to the subjects and purposes described in this section shall apply to process or renovated butter. And the Secretary of Agriculture is hereby authorized and required to cause a rigid sanitary inspection to be made, at such times as he may deem proper or necessary, of all factories and store- houses where process or renovated butter is manufactured, packed, or prepared for market, and of the products thereof and materials going into the manufacture of the same. All process or renovated butter and the packages containing the same shall be marked with the words " Ren- ovated Butter " or " Process Butter " and by such other marks, labels, or brands and in such manner as may be prescribed by the Secretary of Agriculture, and no proc- ess or renovated butter shall be shipped or transported from its place of manufacture into any other State or Territory or the District of Columbia, or to any foreign country, until it has been marked as provided in this sec- tion. The Secretary of Agriculture shall make all needful regulations for carrying this section into effect, and shall cause to be ascertained and reported from time to time the quantity and quality of process or renovated butter manu- factured, and the character and the condition of the mate- rial from which it is made. And he shall also have power to ascertain whether or not materials used in the manufac- ture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such deleterious or unwholesome materials are found to be used in product intended for exportation or shipment in to other States or in course of exportation or shipment he shall have power to confiscate the same. Any person, firm, or corporation violating any of the provisions of this section shall be deemed polity of a misdemeanor and on conviction thereof shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment not less than one month nor more than six months, or by both said punishments, in the discretion of the court. PART XXXI. CATTLE, LIVE STOCK, AND DAIRY TRADE. 341 The Act of March third, eighteen hundred and ninety );;;;; r|- one, as amended March second, eighteen hundred and mu. V.' ninety-five, for the inspection of live cattle and pnxlucts thereof, shall he deemed to include dairy products in- tended for exportation to any foreign country, and the Secretary of Agriculture may apply, under rules and regulations to bo prescribed by him, the provisions of said Act for inspection and certification appropriate for ascertaining the purity and quality of such products, and may cause the same to be so marked, stamped, or labeled as to secure their identity and make known in the markets of foreign countries to which they may be sent from the United States their purity, quality, and grade; and all the provisions of said Act relating to live cattle and products thereof for export shall apply to dairy products so inspected and certified. PART XXXII. ADULTERATED PRODUCTS. 364. General provision. | 365. Adulterated food products. 364. General provision. June so, 1906. The Secretary of Agriculture, whenever he has reason to believe that any articles are being imported from for- eign countries which are dangerous to the health of the people of the United States, or which shall be falsely labeled or branded either as to their contents or as to the place of their, manufacture or production, shall make a request upon the Secretary of the Treasury for samples from original packages of such articles for inspection and analysis, and the Secretary of the Treasury is hereby authorized to open such original packages and deliver specimens to 'the Secretary of Agriculture for the pur- pose mentioned, giving notice to the owner or consignee of the sampling of such articles, who may be present and have the right to introduce testimony before the Secretary of Agriculture, or his representative, either in person or by agent, concerning the suitability of such articles for entry ; and the Secretary of the Treasury shall refuse de- livery to the consignee of any such goods which the Sec- retary of Agriculture reports to him have been inspected and analyzed and found to be dangerous to health or falsely labeled or branded, either as to their contents or as to the place of their manufacture or production, or which are forbidden entry or to be sold, or are restricted in sale in the countries in which they are made or from which they are exported. 365. Adulterated food products. Aug. so, 1890. It shall be unlawful to import into the United States Sec. 2. anv adulterated or unwholesome food or drug or any vinous, spirituous or malt liquors, adulterated or mixed with any poisonous or noxious chemical drug or other ingredient injurious to health. Any person who shall knowingly import into the United States any such adul- terated food or drug, or drink, knowing <>r having rea- sons to believe the same to be adulterated, being the owner or the agent of the owner, or the consignor or consignee of the owner, or in privity with them, assisting in such unlawful act. shall be deemed guilty of a misdemeanor, and liable to prosecution therefor in the district court of the United States for the district into which such prop- erty is imported; and, on conviction, such person shall l>e 342 PART XXXII. ADULTERATED PRODTK 343 fined in a sum not exceeding one thousand dollars for each separate shi])iniMit. and may he imprisoned by the court for a term not exceeding <>ne year, or both, at the discretion of the court. Any article designed for consumption as human food sec. 3. or drink, and any other article of the classes or descrip tion mentioned iii this act. which shall be imported into the United States contrary to its provisions, shall be for- feited to the United States, and shall be proceeded ailaiiiM under the provisions of chapter eighteen of title thirteen of the Revised Statutes of the United States | R. S.. !)11- 1042] ; And such imported property so declared forfeited may be destroyed or returned to the importer for exportation from the United States after the payment of all costs and expenses, under such regulations as the Secretary of the Treasury may prescribe; And the Secretary of the Treasury may cause such imported articles to be inspected or examined in order to ascertain whether the same have been so unlawfully imported. Whenever the President is satisfied that there is good Sec - 4 - reason to believe that any importation is being made, or is about to be made, into the United States, from any for- eign country, of any article used for human food or drink that is adulterated to an extent dangerous to the health or welfare of the people of the United States, or any of them, he may issue his proclamation suspending the im- portation of such articles from such country for such period of time as he may think necessary to prevent such importation; and during such period it shall be unlawful to import into the United States from the countries desig- nated in the proclamation of the President any of the articles the importation of which is so suspended. The introduction into any State or Territory or the j une 30, 1906. District of Columbia from any other State or Territory *<-. 2. or the District of Columbia, or from any foreign country, or shipment to any foreign country of any article of food or drugs which is adulterated or misbranded, within the meaning of this Act, is hereby prohibited ; and any per- son who shall ship or deliver for shipment from anj 7 State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to a foreign country, or who shall receive in any State or Ter- ritory or the District of Columbia from any other State or Territory or the District of Columbia, or foreign coun- try, and having so received, shall deliver, in original un- broken packages, for pay or otherwise, or offer to deliver to any other person, any such article so adulterated or misbranded within the meaning of this Act, or any person who shall sell or offer for sale in the District of Columbia or the Territories of the United States any such adulter- ated or misbranded foods or drugs, or export or offer to 344 NAVIGATION LAWS OF THE UNITED STATES. export the same to any foreign country, shall be guilty of a misdemeanor, and for such offense be fined not exceed- ing two hundred dollars for the first offense, and upon conviction for each subsequent offense not exceeding three hundred dollars or be imprisoned not exceeding one year, or both, in the discretion of the court : Provided, That no article shall be deemed misbranded or adulterated within the provisions of this Act when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domes- tic use or consumption, then this proviso shall not exempt said article from the operation of any of the other pro- visions of this Act. sec. 3. The Secretary of the Treasury, the Secretary of Agri- culture, and the Secretary of Commerce shall make uni- form rules and regulations for carrying out the provi- sions of this Act, including the collection and examina- tion of specimens of foods and drugs manufactured or offered for sale in the District of Columbia, or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manu- factured or produced, or which shall be received from any foreign country, or intended for shipment to any foreign country, or which may be submitted for examination by the chief health, food, or drug officer of any State, Terri- tory, or the District of Columbia, or at any domestic or foreign port through which such product is offered for interstate commerce, or for .export or import between the United States and any foreign port or country. Mar. 2, 1897. It shall be unlawful for any person or persons or corpo- ration to import or bring into the United States any mer- chandise as tea which ^s inferior in purity, quality, and fitness for consumption to the standards provided in sec- tion three of this Act. and the importation of all such merchandise is herewith prohibited. May 16, 1908. Provided, That nothing herein shall affect or prevent the importation into the Unite'* 1 States, under such regu- lations as the Secretary of the Treasury may prescribe, of any merchandise as tea which may be inferior in pur- ity, quality, and fitness for consumption to the standards established by the Secretary of the Treasury, or of any tea waste, tea si f tings, or tea sweepings, for the sole pur- pose of manufacturing theine, caffeine, or other chemical products whereby the identity and character of the origi- nal material is entirely destroyed or changed; and that importers and manufacturers who import or bring into the United States such tea, tea waste, tea siftings, or tea PART XXXII. ADULTERATED PRODUCTS. 345 sweepings shall -. . . . Jan. 17, 1914. opium in any form or any preparation or derivative thereof: /V^/vVAv/. That opium and preparations and de- rivatives thereof, other than smoking opium or opium prepared for smoking, may be imported for medicinal purposes only, under regulations which the Secretary of the Treasury is hereby authorized to prescribe, and when so imported shall be subject to the duties which are now or may hereafter be imposed by law. If any person shall fraudulently or knowingly im- Se c-2. port or bring into the United States, or assist in so doing, any opium or any preparation or derivative thereof contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale of such opium or preparation or derivative thereof after importation, knowing the same to have been im- ported contrary to law, such opium or preparation or de- rivative thereof shall be forfeited and shall be destroyed, and the offender shall be fined in any sum not exceeding $5,000 nor less than $50 or by imprisonment for any time not exceeding two years, or both. Whenever, on trial for a violation of this section, the defendant is shown to have, or to have had, possession of such opium or preparation or derivative thereof, such possession shall be deemed sufficient evidence to authorize conviction unless the de- fendant shall explain the possession to the satisfaction of the jury. All smoking opium or opium prepared for smoking Sec - 3 - found within the United States shall be presumed to have been imported after the first day of April, nineteen hundred and nine, and the burden of proof shall be on the claimant or the accused to rebut such presumption. Any person subject to the jurisdiction of the United Sec - 4 - States who shall, either as principal or as accessory, re- ceive or have in his possession, or conceal on board of or transport on any foreign or domestic vessel or other water craft or railroad car or other vehicle destined to or bound from the United States or any possession thereof, any smoking opium or opium prepared for smoking, or who, having knowledge of the presence in or on any such vessel, water craft, or vehicle of such article, shall not report the same to the principal officer thereof, shall be subject to the penalty provided in section two of this Act. Whenever on trial for violation of this section the de- 348 NAVIGATION' LAWS OF THE UNITED STATES. fendant is shown to have or to have had possession of such opium, such possession shall be deemed sufficient evidence to authorize conviction, unless the defendant shall explain the possession to the satisfaction of the jury : Provided, however, That any master of a vessel or other water craft, or person in charge of a railroad car or other vehicle, shall not be liable under this section if he shall satisfy the jury that he had no knowledge and used due diligence to prevent the presence of such article in or on such vessel, water craft, car, or other vessel, and any such article shall be forfeited and shall be destroyed. sec. 5. Xo smoking opium or opium prepared for smoking shall be admitted into the United States, or into any territory under the control or jurisdiction thereof, for transportation to another country, nor shall such opium be transferred or transshipped from one vessel to another vessel within any waters of the United States for imme- diate exportation or any other purpose. Sec. 6. Hereafter it shall be unlawful for any person subject to the jurisdiction of the United States to export or cause to be exported from the United States, or from territory under its control or jurisdiction, or from coun- tries in which the United States exercises extraterritorial jurisdiction, any opium or cocaine, or any salt, derivative, or preparation of opium or cocaine, to any other country : Provided, That opium or cocaine, and salts, derivatives, or preparations thereof, except smoking opium or opium prepared for smoking, the exportation of which is hereby absolutely prohibited, may be exported to countries regu- lating their entry under such regulations as are prescribed by such country for the importation thereof into such country, such regulations to be promulgated from time to time by the Secretary of State of the United States. The^Secretary of State shall request all foreign Gov- ernments to communicate through the diplomatic chan- nels copies of laws and regulations promulgated in their respective countries which prohibit or regulate the im- portation of the aforesaid drugs, and when received ad- vise the Secretary of the Treasury and the Secretary of Commerce thereof; whereupon the Secretary of State, the Secretary of the Treasury, ;me paid to the per- son or persons giving the information which led to the PART XXXIII. OPIUM TRADE. 349 institution of such proceedings, if so directed by the court exercising jurisdiction in the case: Provided, That no payment for giving information shall be made to any oilicer 01- employee of the United States. Whenever opium or cocaine or any preparations or sec. a. derivatives thereof shall be found upon any vessel arriv- ing at any port of the Fnited States which is not shown upon the vessel's manifest, as is provided by sections twenty-eight hundred and six and twenty-eight hundred and seven of the Revised Statutes, such vessel shall be liable for the penalty and forfeiture prescribed in section twenty-eight hundred and nine of the Revised Statutes. PART XXXIV. RULES TO PREVENT COLLISIONS. 367. Duty to stay by. 368. Motor boat law. 369. International rules of 1897. 370. Consideration of future rules. 371. Inland rules of 1897. 372. Limits of application of interna- tional and inland or local rules. 373. Rules for the Great Lakes and the St. Lawrence River as far east as Montreal. 374. Rules for the Red River of the North, and rivers emptying into Gulf of Mexico, and their tributaries. 375. Rirer navigation. 376. Rules for the St. Marys River. 377. Regattas and marine parades. 367. Duty to stay by. sept. 4, 1890. j n every case of collision between two vessels it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without serious danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers (if any), such assist- ance as may be practicable and as may be necessary in order to save them from any danger caused by the colli- sion, and also to give to the master or person in charge of the other vessel the name of his own vessel and her port of registry, or the port or place to which she belongs, and also the name of the ports and places from which and to which she is bound. If he fails so to do, and no reasonable cause 1 for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default. Every master or person in charge of a Tnited States vessel who fails, without reasonable cause, to render such -tanee or give such information as aforesaid shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of one thousand dollars, or imprisonment for a term not exceeding two years: and for the above sum the c| shall be liable and may be seized and proceeded against by process in any district court of the Tinted States by any per. on: one-half such sum to be payable to the informer and the other half to the United States. 350 Sec. 2. PART XXXIV. RULES TO PREVENT COLLISIONS. 351 368. Motor boat law. The words'" motor boat" where used in this Act shall Jline - 191 - include every vessel propelled by machinery and not more than sixty-live I'eet in length except tuir boats and tow boats propelled by steam. The length shall be measured from end to end over the deck, excluding sheer: Pro- r / said -riven and red side-lights sliall he (itt.'d with inboard screens project ing at least three feet for \\ ard from the light, so as to prevent the-.' lights from being seen aeross the how. MI AM \ tBBKLA I;\N(,I: i.n.HTS. (e) A steam-\es>el when under \vay may carry an ad- ditional white light similar in construction to the light mentioned in suhdivision (a). These two lights shall be so placed in line with the keel that one shall he at Iea-t fifteen feet higher than the other, and in such a position with reference t<> each other that the lower light shall be forward of the upper one. The vertical distance hetween these lights shall he Less than the horizontal distance. STEAM-VESSELS WIIKX TOWING. ART. 3. A steam-vessel when towing another vessel shall, in addition to her side-lights, carry two bright white lights in a vertical line one over the other, not less than six feet apart, and when towing more than one ves- sel shall carry an additional bright white light six feet above or below such light, if the length of the tow meas- uring from the stern of the towing vessel to the stern of the last vessel towed exceeds six hundred feet. Each of these lights shall be of the same construction and charac- ter, and shall be carried in the same position as the white light mentioned in article two (a), excepting the addi- tional light, which may be carried at a height of not less than fourteen feet above the hull. Such steam- vessel may carry a small white light abaft the funnel or aftermast for the vessel towed to steer by, but such light shall not be visible forward of the beam. SPECIAL LIGHTS. ART. 4. (a) A vessel which from any accident is not under command shall carry at the same height as a white light mentioned in article two ( a ) , where they can best be seen, and if a steam -vessel in lieu of that light, two red lights, in a vertical line one over the other, not less than six feet apart, and of such a character as to be visible all around the horizon at a distance of at least two miles; and shall by day carry in a vertical line one over the other, not less than six feet apart, where they can best be seen, two black balls or shapes, each two feet in diameter. (b) A vessel employed in laying or in picking up a tele- graph cable shall carry in the same position as the white light mentioned in article two (a) , and if a steam-vessel in lieu of that light, three lights in a vertical line one over the other not less than six feet apart. The highest and 356 NAVIGATION LAWS OP THE UNITED STATES. lowest of these lights shall be red, and the middle light shall be white, and they shall be of such a character as to be visible all around the horizon, at a distance of at least two miles. By day she shall carry in a vertical line, one over the other, not less than six feet apart, where they can best be seen, three shapes not less than two feet in diam- eter, of which the highest and lowest shall be globular in shape and red in color, and the middle one diamond in shape and white. (c) The vessels referred to in this article, when not making way through the water, shall not carry the side- lights, but when making way shall carry them. (d) The lights and shapes required to be shown by this article are to be taken by other vessels as signals that the vessel showing them is not under command and can not therefore get out of the way. These signals are not signals of vessels in distress and requiring assistance. Such signals are contained in ar- ticle thirty-one. LIGHTS FOR SAILING VESSELS AND VESSELS IN TOW. ART. 5. A sailing vessel under way and any vessel being towed shall carry the same lights as are prescribed by article two for a steam-vessel under way, with the excep- tion of the white lights mentioned therein, which they shall never carry. LIGHTS FOR SMALL VESSELS. ART. 6. Whenever, as in the case of small vessels under way during bad weather, the green and red side-lights can not be fixed, these lights shall be kept at hand, lighted and ready for use; and shall, on the approach of or to other vessels, be exhibited on their respective sides in suf- ficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side nor the red light on the- star- board side, nor, if practicable, more than two points abaft the beam on their respective sides. To make the use of these portable lights more certain and easy the lanterns containing them shall each l>e {tainted outside with the color of the light they respectively contain, and shall be provided witli proper screens. LIGHTS FOR SMALL STEAM AND SAIL VESSELS AND oi'i.N I '.OATS. May 28, 1894. ART. 7. Stoam-vossels of less than forty, and vessels under oars or sails of less than twenty tons gross tonnage, respectively, and rowing boats, when under way. shall not be required to carry the lights mentioned in article PART \x\i\v i;ri is TO PREVENT COLLISIONS. two (a). (1)}. and (c), lut if (hey do not carry them they ril l 1 l i !| rril!in 11111 shall In 1 provided with (lit- follou ing lights: First. Steam-vexM'ls of le>s than folly tons shall carry (a) In the fore part of the \e>sel cr on or in front of the runnel, where it can best 1'c seen, and at a height above the gunwale of not less than nine feet, a brio-lit white light Constructed and lixed as prescribed in article (wo (a), and of Mich a character as to he visible at a distance of at least two milt (b) (ireen and red side-lights constructed and lixed prescribed in article two (h) and (c), and of such a character as to he visible at a distance of at least one mile, or a combined lantern showing a green light and a red light from right ahead to two points abaft the beam on their respective side-. Such lanterns shall bo carried not less than three feet below the white light. Second. Small steamboats, such as arc carried by sea- going vessels, may carry the white light at a less height than nine feet above the gunwale, but it shall be carried above the combined lantern mentioned in subdivision one (b). Third. Vessels under oars or sails of less than twenty tons shall have ready at hand a lantern with a irreen glass on one side and a red glass on the other, which, on the approach of or to other vessels, shall be exhibited in suffi- cient time to prevent collision, so that the irreen light shall not be seen on the port side nor the red light on the starboard side. Fourth. Rowing boats, whether under oars or sail, shall have ready at hand a lantern showing a white light which shall be temporarily exhibited in sufficient time to pre- vent collision. The vessels referred to in this article shall not be obliged to carry the lights prescribed by article four (a) and article eleven, last paragraph. LIGHTS FOR PILOT VESSELS. ART. 8. Pilot-vessels when engaged on their station on Aug. 19, isoo. pilotage duty shall not show the lights required for other vessels, but 'shall carry a white light at the masthead. visible all around the hori/on. and shall also exhibit a flare-up light or flare-up lights at short intervals, which shall never exceed fifteen minutes. On the near approach of or to other vessels thev shall have their side-lights lighted, ready for use, and shall flash or show them at short intervals, to indicate the direction in which they are heading, but the green light shall not be shown on the port side, nor the red liirht on the starboard side. *A pilot-vessel of such a cla-s as to be obliged to go alongside of a vessel to put a pilot on board may show the white light instead of carrying it at the masthead, and 358 NAVIGATION LAWS OF THE UNITED STATES. Feb. 19, 1900. Sees. 1, 2. ma y> instead of the colored lights above mentioned, have at hand, ready for use, a lantern with green glass on the one side and red glass on the other, to be used as pre- scribed above. Pilot-vessels when not engaged on their station on pilotage duty shall carry lights similar to those of other vessels of their tonnage. A steam-pilot vessel, when engaged on her station on pilotage duty and in waters of the United States, and not at anchor, shall, in addition to the lights required for all pilot boats, carry at a distance of eight feet below her white masthead light a red light, visible all around the horizon and of such a character as to be visible on a dark night with a clear atmosphere at a distance of at least two miles, and also the colored side lights required to be carried by vessels when under way. When engaged on her station on pilotage duty and in waters of the United States, and at anchor, she shall carry in addition to the lights required for all pilot boats the red light above mentioned, but not the colored side lights. When not engaged on her station on pilotage duty, she shall carry the same lights as other steam vessels. LIGHTS, ETC., OF FISHING VESSELS. Jan. 19, 1907. ARTICLE 9. Fishing vessels and fishing boats, when un- der way and when not required by this article to carry or show the lights hereinafter specified, shall carry or show the lights prescribed for vessels of their tonnage under way. (a) Open boats, by which is to be understood boats not protected from the entry of sea water by means of a continuous deck, when engaged in any fishing at night, with outlying tackle extending not more than one hun- dred and fifty feet horizontally from the boat into the seaway, shall carry one all-round white light. Open boats, when fishing at night, with outlying tackle extending more than one hundred and fifty feet horizon- tally from the boat into the seaway, shall carry one all- round white light, and in addition, on approaching or being approached by other vessels, shall show a second white light at least three feet below the first light and at a horizontal distance of at least five feet away from it in the direction in which the outlying tackle is attached. (b) Vessels and boats, except open boats as defined in subdivision (a), when fishing with drift nets, shall, so long as the nets are wholly or partly in the water, carry two white lights where they can best be seen. Such lights shall be placed so that the vertical distance between them shall be not less than six feet and not more than fifteen feet, and so that the horizontal distance between thorn measured in a line with the keel, shall be not less than PART XXXIV.- liri.l.s To l'i; l.VK NT COLLISlo live feet and not more than ten feet. The lo\\er of these two lights shall he in the direction of the nets, and both of them shall he of such a character as to show all around the horizon, and to he visible at a distance of not [eSB than three miles. Within the Mediterranean Sea and in the seas border ing the coasts of Japan and Korea sailing fishing \e ofless than twenty tons gross tonnage shall not he obliged to carry the lower of these two lights. Should they, how- ever, not carry it. they shall show in the same position (in the direction of the net or gear) a white light, visihle at a distance of not less than one sea mile, on the ap- proach of or to other vessels. (c) Vessels and boats, except open boats as defined in subdivision (a), when line fishing with their lines out and attached to or hauling their lines, and when not at anehor or stationary within the meaning of subdivision (h). shall carry the same lights as ve.-sels fishing with drift nets. When shooting lines, or fishing with towing lines, they shall carry the light- prescribed for a steam or sailing vessel under way. respectively. Within the Mediterranean Sea and in the seas border- ing the coasts of .Japan and Korea sailing fishing vessels of less than twenty tons gross tonnage shall not be obliged .to carry the lower of these two lights. Should they. how- ever, not carry it, they shall show in the same position (in the direction of the lines) a white light, visible at a distance of not less than one sea mile on the approach of or to other vessels. (d) Vessels when engaged in trawling, by which is meant the dragging of an apparatus along the bottom of the sea First. If steam vessels, shall carry in the same position as the white light mentioned in article, two (a) a tri- colored lantern so constructed and fixed as to show a white light from right ahead to two points on each how. and a green light and a red light over an arc of the horizon from two points on each bow to two point.- abaft the beam on the starboard and port sides, respectively: and not less than six nor more than twelve feet below the tri-colored lantern a white light in a lantern, so con- structed as to show a clear, uniform, and unbroken light all around the horizon. Second. If sailing vessels, shall carry a white light in a lantern, so constructed as to show a clear, uniform, and unbroken light all around the hori/on. and shall also, on the approach of or to other vessels, show where it can best be seen a white flare-up light or torch in suflicient time to prevent collision. All lights mentioned in subdivision (d) first and second shall be visible at a distance of at least two mil. (e) Oyster dredgers and other vessels fishing with dredge nets shall carry and show the same lights as trawlers. 360 NAVIGATION LAWS OF THE UNITED STATES. ruiel ernatlollal (^) Dishing vessels and fishing boats may at any time use a flare-up light in addition to the lights which they are by this article required to carry and show, and they may also use working lights. (g) Every fishing vessel and every fishing boat under one hundred ami fifty feet in length, when at anchor, shall exhibit a white light visible all around the horizon at a distance of at least one mile. Every fishing vessel of one hundred and fifty feet in length or upward, when at anchor, shall exhibit a white light visible all around the horizon at a distance of at least one mile, and shall exhibit a second light as pro- vided for vessels of such length by article eleven. Should any such vessel, whether under one hundred and fifty feet in length or of one hundred and fifty feet in length or upward, be attached to a net or other fishing gear, she shall on the approach of other vessels show an additional white light at least three feet below the anchor light, and at a horizontal distance of at least five feet away from it in the direction of the net or gear. (h) If a vessel or boat when fishing becomes stationary in consequence of her gear getting fast to a rock or other obstruction, she shall in daytime haul down the day signal required by subdivision (k) ; at night show the light or lights prescribed for a vessel at anchor; and. during fog, mist, falling snow, or heavy rain storms make the signal prescribed for a vessel at anchor. (See subdivision (d) and the last paragraph of article fifteen.) (i) In fog, mist, falling snow, or heavy rain storms drift-net vessels attached to their nets, and vessels when trawling, dredging, or fishing with any kind of drag net. and vessels line fishing with their lines out, shall, if of twenty tons gross tonnage or upward, respectively, at intervals of not more than one minute make a blast : it' steam vessels, with the whistle or siren, and if sailing vessels, with the foghorn, each blast to be followed by ringing the bell. Fishing vessels and boats of less than twenty tons gross tonnage shall not be obliged to give the above-mentioned signals; but if they do not, they shall make some other efficient sound signal at intervals of not more than one minute. (k) All vessels or boats fishing with nets or lines or trawls, when under way, shall in daytime indicate their occupation to an approaching vessel by displaying a basket or other efficient signal where it can best lie seen. If vessels or boats at anchor have then- gear out, they shall, on the approach of other vessels, show the same sign a I on the side on which those ves-els can pas-. The vessels required by this article to carry or show the lights hereinbefore specified shall not be obliged to r-arry the lights prescribed by article four (a) and the la-t paragraph of article eleven. PART \\X1V. Kl'l.RS TO PREVENT COLLISIONS. 301 LMMITx K.KAN o\ I'.IIT \ K I! N \l--ll. Inl.Tiiatloiwl rillrv. Airr. 10. A vessel which is being overtaken l>y another Aug. r.. shall sliow IVoin her stern to such last-mentioned vessel a white light or a llare-nj) light. The white light required to he shown liy this article may lie fixed and carried in a lantern, hut in such case the lantern shall he so constructed, lilted, and screened that it shall throw an unhroken light over an arc of the hori- zon of twelve points of the compass, namely, for six points from right aft on each side of the vessel, so as to he visihle at a distance of at least one mile. Such light shall he earned as nearly as practicahle on the same level as the side lights. \\< iinu I.IOIITS. AKT. 11. A vessel under one hundred and fifty feet in length when at anchor shall carry forward, where it can hest he seen, hut at a height not exceeding twenty feet ahove the hull, a white light, in a lantern so const meted as to show a clear, uniform, and unhroken light visible all around the hori/on at a distance of at least one mile. A vessel of one hundred and fifty feet or upwards in length, when at anchor, shall carry in the forward part of the vessel, at a height of not less than twenty and not exceeding forty feet ahove the hull, one such light, and at or near the stern of the vessel, and at such a height that it shall be not less than fifteen feet lower than the for- ward light, another such light. The length of a vessel shall be deemed to be the length appearing in her certificate of registry. A vessel aground in or near a fair- way shall carry the above light or lights and the two red lights prescribed by article four (a). SPECIAL SIGNAL. ART. 12. Every vessel may, if necessary in order to at- tract attention, in addition to the lights which she is by these rules required to carry, show a flare-up light or use any detonating signal that can not be mistaken for a dis- tress signal. NAVAL LICIITS AND RECOGNITION SIGNALS. ART. 13. Xothing in these rules shall interfere with the operation of any special rules made by the Government of any nation with respect to additional station and signal-lights for two or more ships of war or for vessels sailing under convoy, or with the exhibition of recogni- tion signals adopted by ship-owners, which have been authorized by their respective Governments and duly registered and published. 362 NAVIGATION LAWS OF THE UNITED STATES. International rules. STF.A.M VKSSKL I'NDKll SAIL BY DAY. ART. 14. A steam- vessel proceeding under sail only but having her funnel up, shall carry in day-time, forward, where it can best be seen, one black ball or shape two feet in diameter. III. SOUND SIGNALS IN FOG, ETC. PRELIMINARY. June 10, 1896. ART. 15. All signals prescribed by this article for ves- sels under way shall be given : First. By " steam vessels " on the whistle or siren. Second. By " sailing vessels " and " vessels towed " on the fog horn. The words " prolonged blast " used in this article shall mean a blast of from four to six seconds duration. A steam-vessel shall be provided with an efficient whistle or siren, sounded by steam or by some substitute for steam, so placed that the sound may not be intercepted by any obstruction, and with an efficient fog horn, to be sounded by mechanical means, and also with an efficient bell. (In all cases where the rules require a bell to be used a drum may be substituted on board Turkish vessels, or a gong where such articles are used on board small sea- going vessels.) A sailing vessel of twenty tons gross ton- nage or upwards shall be provided with a similar fog horn and bell. In fog, mist, falling snow, or heavy rainstorms, whether by day or night, the signals described in this article shall be used as follows, namely : STE A M VESSEL* IM > K 1 J W A Y. (a) A steam vessel having way upon her shall sound, at intervals of not more than two minutes, a prolonged blast. (b) A steam vessel under way. but stopped, and havin.ir no way upon her, shall sound, at intervals of not more than two minutes, (wo prolonged blasts, with an interval of about one second between. SAIL VESSEL UNDER WAY. (c) A sailing vessel under way shall sound, at intervals of not more than one minute, when on the starboard tack, one blast : when on the port tack, two hla.-ts in succession, and when with the wind abaft the beam, three blasts in succession. \ i 98EE4 \ T \\< IIOR OK NOT INDI.I; WAV. (d) A ve.-sel when at anchor shall, at intervals of not more than one minute, ring the bell rapidly for about five seconds. PART XXXIV. RULES TO PREVENT COLLISIONS. 363 TBSSELfi TOWING <>i; TOWED, international riilrs. (e) A vcs-el when towing. ;i vessel employed in laying or in picking up ;i telegraph cable. :inl ;i vessel under wav, \\hieh is unable to get nut of the way of an approaching vessel through being not under eoininand. or unable to maneuver as re<|iiired l>y the rules, shall, instead of the signals prescribed in sululivisions (a) and (c) of this article, at intervals of not more than two minutes, sound three Masts in succession, namely: One prolonged Mast followed hy two short Musts. A vessel towed mav gi\e this signal and she shall not give any other. SM.M.I. SMI. INC VESSELS AM) HOATS. Sailing vessels and boats of less than twenty tons gross tonnage shall not he obliged to give the above-mentioned signals, but. if they do not. they shall make some other efficient sound signal at intervals of not more than one minute. SPEED IX FOG. ART. 16. Every vessel shall, in a fog, mist, falling snow, Aug. 10, isoc or heavy rain-storms, go at a moderate speed, having care- ful regard for the existing circumstances and conditions. A steam vessel hearing, apparently forward of her beam, the fog-signal of a vessel the position of which is not ascertained shall, so far as the circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over. IV. STEERING AND SAILING RULES. PRELIMINARY. Risk of collision can, when circumstances permit, be ascertained by carefully watching the compass bearing of an approaching vessel. If the bearing does not appre- ciably change, such risk should be deemed to exist. SAILING VESSELS. AIJT. IT. When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, namely : (a) A vessel which is running free shall keep out of the way of a vessel which is close-hauled. (b) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close-hauled on the starboard tack. (c) When both are running free, with the wind on dif- ferent sides, the vessel which has the wind on the port side shall keep out of the way of the other. 364 NAVIGATION LAWS OF THE UNITED STATES. Inte rules. international When both are running free, with the wind on the same side, the vessel which is to the windward shall keep out of the way of the vessel which is to the leeward. (e) A vessel which has the wind aft shall keep out of the way of the other vessel. STEAM VESSELS. ART. 18. When two steam- vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other. This article only applies to cases where vessels are meeting end on, or nearly end on, in such a manner as to involve risk of collision, and does not apply to two ves- sels which must, if both keep on their respective courses, pass clear of each other. The only cases to w r hich it does apply are when each of the two vessels is end on, or nearly end on, to the other ; in other words, to cases in which, by day, each vessel sees the masts of the other in a line, or nearly in a line, with her own ; and by night, to cases in which each vessel is in such a position as to see both the side-lights of the other. It does not apply by day to cases in which a vessel sees another ahead crossing her own course; or by night, to cases where the red light of one vessel is opposed to the red light of the other, or w T here the green light of one vessel is opposed to the green light of the other, or where a red light without a green light, or a green light without a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead. TWO STEAM-VESSELS CROSSING. ART. 19. When two steam-vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. STEAM-VESSEL SHALL KEEP OUT OF TIIF WAV OF SAILING- VESSEL. ART. 20. When a steam-vessel and a sailing- vessel are proceeding in such direct ions as to involve risk of colli- sion, the steam-vessel shall keep out of the way of the Bailing- vessel COURSE AND SPKF.D. May 28, 1894. ART. 21. Where, by any of these rules, one of two ves- sels is to keep out of the way the other shall keep her course and speed. NOTE. When, in consequence of thick weather or other causes, such vessel finds herself so close that collision can not be avoided by the action of the giving-way vessel PART XXXIV. RULES TO PREVENT COLLISIONS. 365 alone, she also shall take Mich action as will best aid to ru 1 1 jj < ' riutloiwl avert collision. (See articles twenty-seven ami twenty- nine.) CROSSING AHEAD. ART. 22. Every vessel which is directed by these rules AU B . 10, 1890. to keep out of the way of another vessel shall, if the cir- cumstances of the case admit, avoid crowing ahead of the other. 8TBAM-VE88EU9 SII.M.I. si.\< KFX sPF.r.n OR STOP. ART. 2o. Kvery steam-vessel which is directed by these rules to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or stop or reverse. <>\ i KTAKIN<; VKSSKI.S. ART. 24. Notwithstanding anything contained in these rules every vessel, overtaking any other, shall keep out of the way of the overtaken vessel. Every vessel coming up with another vessel from any direction more than two points abaft her beam, that is, in such a position, with reference to the vessel which she is overtaking that ist night she would be unable to see either of that vessel's side-lights, shall be deemed to be an over- taking vessel; and no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a crossing vessel within the meaning of these rules, or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear. As by day the overtaking vessel can not always know with certainty whether she is forward or abaft this direc- tion from the other vessel she should, if in doubt, assume that she is an overtaking vessel and keep out of the way. NARROW CHANNEL^. ART. 25. In narrow channels every steam-vessel shall, when it is safe and practicable, keep to that side of the fair-way or mid-channel which lies on the starboard side of such vessel. RIGHT OF WAY OF FISHING VESSELS. ART. 26. Sailing vessels under way shall keep out of the way of sailing vessels or boats fishing with nets, or lines, or trawls. This rule shall not give to any vessel or boat engaged in fishing the right of obstructing a fair- way used by vessels other than fishing vessels or boats. GENERAL PRUDENTIAL RULE. ART. 27. In obeying and construing these rules due regard shall be had to all dangers of navigation and col- 366 NAVIGATION LAWS OF THE UNITED STATES. li s i n ? an( i to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. SOUND SIGNALS FOR PASSING STEAMERS. ART. 28. The words " short blast " used in this article shall mean a blast of about one second's duration. When vessels are in sight of one another, a steam- vessel under way, in taking any course authorized or required by these rules, shall indicate that course by the following signals or whistle or siren, namely : One short blast to mean, " I am directing my course to starboard." Two short blasts to mean, " I am directing my course to port." Three short blasts to mean, " My engines are going at full speed astern." PRECAUTION. ART. 29. Xothing in these rules shall exonerate any vessel or the owner or master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neg- lect of any precaution which may be required by the ordinary practice of seamen, or by the special circum- stances of the case. ART. 30. Xothing in these rules shall interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbor, river, or inland waters. DISTRESS SIGNALS. May 28, 1894. ART. 31. When a vessel is in distress and requires assistance from other vessels or from the shore the fol- lowing shall be the signals to be used or displayed by her, either together or separately, namely: In the daytime First. A gun or other explosive signal fired at inter- vals of about a minute. Second. The international code signal of distress indi- cated by X C. Third. The distance signal, consisting of a square flag, having either- above or below it a ball or anything resem- bling a ball. Fourth. A continuous sounding with any fog-signal apparatus. At night First. A iii in or other explosive signal fired at inter- vals of nbout a minute. Second. Manic- on the vessel (as from a burning tar barrel, oil barrel, and so forth). PART \\XTV. -Kt'I.KS TO PMKVKNT COLLISIONS. 367 Third. Rockets or shells throwing .stars of any color or ru 1 1 jj eril ' tloni11 description, lired one at a time, at short intervals. Fourth. A continuous sounding with any fog-si pi a I apparatus. 370. Consideration of future rules. The Secretary of State is hereby authorized to recon- Feb. 5, 1 896. vene the delegates of the United States to the Washing- ton International Marine Conference of eighteen hundred and eighty-nine, whenever in his judgment it is expedient, for the further consideration of rules to prevent collisions at sea and in the waters of the United States. 371. Inland rules of 1897. The following regulations for preventing collision shall June 7, 1897. be followed by all vessels navigating all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tribu- taries, and are hereby declared special rules duly made by local authority. Every pilot, engineer, mate, or master of any steam- sec. 3. vessel, and every master or mate of any barge or canal- boat, who neglects or refuses to observe the provisions of this Act, or the regulations established in pursuance of the preceding section [see section 2, page 347], shall be liable to a penalty of fifty dollars, and for all damages sustained by any passenger in his person or baggage by such neglect or refusal : Provided, That nothing, herein shall relieve any vessel, owner or corporation from any liability incurred by reason of such neglect or refusal. Every vessel that shall be navigated without complying Sec.4. with the provisions of this Act shall be liable to a penalty of two hundred dollars, one-half to go to the informer, for which sum the vessel so navigated shall be liable and may be seized and proceeded against by action in any district court of the United States having jurisdiction of the offense. PRELIMINARY DEFINITIONS. Ill the following rules every steam vessel which is under June 7, 1897. sail and not under steam is to be considered a sailing- vessel, and every vessel under steam, whether under sail or not, is to be considered a steam vessel. The word " steam- vessel ' shall include any vessel pro- pelled by machinery. A vessel is "under way." within the meaning of these rules, when she is not at anchor, or made fast to the shore or aground. II. LIGHTS AND so FORTH. The word " visible " in these rules, when applied to lights, shall mean visible on a dark night with a clear atmosphere. 92075 15 24 368 NAVIGATION LAWS OF THE UNITED STATES. inland rules. ARTICLE 1. The rules concerning lights shall be com- plied with in all weathers from sunset to sunrise, and during such time no other lights which may be mistaken for the prescribed lights shall be exhibited. STEAM VESSELS MASTHEAD LIGHT. ART. 2. A steam-vessel when under way shall carry (a) On or in front of the foremast, or, if a vessel without a foremast, then in the forepart of the vessel, a bright white light so constructed as to show an unbroken light over an arc of the horizon of twenty points of the com- pass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side, and of such a character as to be visible at a distance of at least five miles. STEAM VESSELS SIDE LIGHTS. (b) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles. (c) On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles. (d) The said green and red side-lights shall be fitted with inboard screens projecting at least throe feet for- ward from the light, so as to prevent these lights from being seen across the bow. STEAM VESSELS I?AN(JK LI (JUTS. . (e) A sea-going steam-vessel when under way may carry an additional white light similar in construction to the light mentioned in subdivision (a). These two lights shall he so ]>laame lights as other steam vessels. AKT. 0. (a) Fish ing- vessels of less than ten gross tons, Jne 7, 1897. when under way ami when not having their nets, trawls, dredges, or lines in the water, shall not be obliged to carry the colored side-lights; but every such vessel shall, in lieu thereof, have ready at hand a lantern with a green glass on one side and a red glass on the other side, and on ap- proaching to or being approached by another vessel such Lantern shall be exhibited in snllieient time to prevent col- lision, so that the green light shall not be seen on the port side nor the red light on the starboard side. (b) All fish ing- vessels and fishing-boats of ten gross tons and upward, when under way and when not having their nets, trawls, dredges, or lines in the water, shall carry and show the same lights as other vessels under way. (c) All vessels, when trawling, dredging, or fishing with any kind of drag-nets or lines, shall exhibit, from some part of the vessel where they can be best seen, two lights. One of these lights shall be red and the other shall be white. The red lights shall be above the white light, and shall be at a vertical distance from it of not less than six feet and not more than twelve feet ; and the hori- zontal distance between them, if any, shall not be more than ten feet. These two lights shall be of such a charac- ter and contained in lanterns of such construction as to be visible round the horizon, the white light a distance of not less than three miles and the red light of not less than two miles. LIGHTS FOR RAFTS, OR OTHER CRAFT, NOT PROVIDED FOR. (d) Rafts, or other water craft not herein provided for, navigating by hand power, horse pow T er, or by the cur- rent of the river, shall carry one or more good white lights, which shall be placed in such manner as shall be prescribed by the Board of Supervising Inspectors of Steam Vessels. LIGHTS FOR AN OVERTAKEN VESSEL. ART. 10. A vessel which is being overtaken by another, except a steam-vessel with an after range-light showing all around the horizon, shall throw from her stern to such last-mentioned vessel a white light or a flare-up light. ANCHOR LIGHTS. ART. 11. A vessel under one hundred and fifty feet in length, when at anchor, shall carry forward, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a lantern so constructed as to show a clear, uniform, and unbroken light visible all around the horizon at a distance of at least one mile. 372 Inland rules. NAVIGATION LAWS OF THE UNITED STATES. A vessel if one hundred and fifty feet or upwards in length when at anchor shall carry in the forward part of the vessel, at a height of not less than twenty and not exceeding forty feet above the hull, one such light, and at or near the stern of the vessel, and at such a height that it shall be not less than fifteen feet lower than the for- ward light, another such light. The length of a vessel shall be deemed to be the length appearing in her certificate of registry. SPECIAL SIGNALS. ART. 12. Every vessel may, if necessary, in order to attract attention, in addition to the lights which she is by these rules required to carry, show a flare-up light or use any detonating signal that cannot be mistaken for a distress signal. NAVAL LIGHTS AND RECOGNITION SIGNALS. ART. 13. Xothing in these rules shall interfere with the operation of any special rules made by the Government of any nation with respect to additional station and signal lights for two or more ships of war or for vessels sailing under convoy, or with the exhibition of recognition sig- nals adopted by shipowners, which have been authorized by their respective Governments, and duly registered and published. STEAM VESSEL UNDER SAIL BY DAY. AJIT. 14. A steam- vessel proceeding under sail only, but having her funnel up, may carry in daytime, forward, where it can best be seen, one black ball or shape two feet in diameter. III. SOUND SIGNALS IN FOG, ETC. PRELIMINARY. ART. 15. All signals prescribed by this article for ves- sels under way shall be given: 1. By " steam- vessels " on the whistle or siren. 2. By "sailing-vessels " and "vessels towed" on the fog horn. The words "prolonged blast" used in this article shall mean a blast of fnmi four t<> six seconds duration. A steam-vessel shall be provided with an ellicient whis- tle or siren, sounded by steam or by some substitute for steam, so placed that the sound may not be intercepted by any obstruction, and with an ellicient fog horn: also with an efficient bell. A sailing-vessel of twenty tons gross tonnage or upward shall be provided with a similar fog horn and bell. I'.MIT \\XIV. IJri.KS TO PRKVKNT COLLISIONS. 373 In fog, mist, fulling snow, or heavy rainstorms. whether lnl nd rulM - by day or night. the signals described in this article shall lo used as follow-, namely : S1T.AM Vl.ssi.L t M>i:U WAY. (a) A steam- vessel under way should sound, at inter- vals of not more than one minute, a prolonged blast. SAIL VESSEL I NDF.K WAV. (c) A sailing vessel under way shall sound, at inter- vals of not more than one minute, when on the starboard tack', one 1 blast : when on the port tack, two blasts in suc- cession, and when with the wind abaft the beam, three blasts in succession. \ i.SSKLS AT AXrilOK OK NOT UNDER WAV. (d) A vessel when at anchor shall, at intervals, of not more than one minute, ring the bell rapidly for about live seconds. VESSELS TOWING OR TOWED. (e) A steam- vessel when towing, shall, instead of the signals prescribed in subdivision (a) of this article, at intervals of not more than one minute, sound three blasts in succession, namely, one prolonged blast followed by two short blasts. A vessel towed may give this signal and she shall not give any other. RAFTS, OR OTHER CRAFT NOT PROVIDED FOR. (f ) All rafts or other water craft, not herein provided for, navigating by hand power, horse power, or by the current of the river, shall sound a blast of the fog-horn, or equivalent signal, at intervals of not more than one minute. SPEED IN FOG. ART. 16. Every vessel shall, in a fog, mist, falling snow, or heavy rainstorms, go at a moderate speed, hav- ing careful regard to the existing circumstances and conditions. A steam-vessel hearing, apparently forward of her beam, the fog-signal of a vessel the position of which is not ascertained shall, so far as the circumstances of the case admit, stop her engines, and then navigate with cau- tion until danger of collision is over. 374 NAVIGATION LAWS OF THE UNITED STATES. Inland rules. JY^ STEERING AND SAILING RULES. PRELIMINARY. Risk of collision can, when circumstances permit, be ascertained by carefully watching the compass bearing of an approaching vessel. If the bearing does not appre- ciably change, such risk should be deemed to exist. SAILING VESSELS. ART. 17. When two sailing-vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows, namely : * (a) A vessel which is running free shall keep out of the way of a vessel which is close-hauled. (b) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close-hauled on the starboard tack. (c) When both are running free, with the wind on dif- ferent sides, the vessel which has the wind on the port side shall keep out of the way of the other. (d) When both are running free, with the wind on the same side, the vessel which is to the windward shall keep out of the way of the vessel which is to the leeward. (e) A vessel which has the wind aft shall keep out of the way of the other vessel. STEAM VESSELS. ART. 18. RULE I. WTien steam-vessels are approaching each other head and head, that is, end on, or nearly so, it shall be the duty of each to pass on the port side of the other; and either vessel shall give, as a signal of her in- tention, one short and distinct blast of her whistle, which the other vessel shall answer promptly by a similar blast of her whistle, and thereupon such vessel shall pass on the port side of each other. But if the courses of such ves- sels are so far on the starboard of each other as not to be considered as meeting head and head, either vessel shall in i nicd lately give two short and distinct blasts of her whistle, which the other vessel shall answer promptly by two similar blasts of her whistle, and they shall pass on the starboard side of each other. The foregoing only applies to cases where vessels are meeting end on or nearly end on, in such a manner as to involve risk of collision: in other words, to cases in Avhich, by day. each es the masts of the other in a line, or nearly in a line, with her own. and by night to cases in which each vessel is in such a position as to see both the sidelights of the other. It does not apply by day to cases in which a vessel sees another ahead crossing her own course, or by night to cases where the red light of one vessel is opposed to the tART xxxuv KU.i.s TO iMM-.vr.NT COI.MSIOXS. 875 red light of the other, or where the green light of one inland vessel is opposed to the green light, of the other, or where 11 ml light without a green light or :i given light without a red light, is seen ahead, or when 1 both green and red lights are seen anywhere hut ahead. RULE III. 11'. when steam-vessels are approaching eaeh other, either vessel fails to understand the course or inten- tion of the other, from any cause, the vessel so in doubt shall immediately signify tin 4 same by giving several short and rapid blasts, not less than four, of the steam-whistle. KfLK V. \Yhenever a steam-vessel is nearing a short bend or curve in the channel, where, from the height of the banks or other cause, a steam- vessel approaching from the opposite direction can not be seen for a distance of half a mile, such steam-vessel, when she shall have arrived within half a mile of such curve or bend, shall give a sig- nal by one long blast of the steam-whistle, which signal shall be answered by a similar blast, given by any ap- proaching steam-vessel that may be within hearing. Should such signal be so answered by a steam-vessel upon the farther side of such bend, then the usual signals for meeting and passing shall immediately be given and answered; but, if the first alarm signal of such vessel be not answered, she is to consider the channel clear and govern herself accordingly. When steam- vessels are moved from their docks or berths, and other boats are liable to pass from any direc- tion toward them, they shall give the same signal as in the case of vessels meeting at a bend, but immediately after clearing the berths so as to be fully in sight they shall be governed by the steering and sailing rules. RULE VIII. AVhen steam-vessels are running in the same direction, and the vessel which is astern shall desire to pass on the right or starboard hand of the vessel ahead, she shall give one short blast of the steam-whistle, as a signal of such desire, and if the vessel ahead answers with one blast, she shall put her helm to port; or if she shall desire to pass on the left or port side of the vessel ahead, she shall give two short blasts of the steam- whistle as a signal of such desire, and if the vessel ahead answers with two blasts, shall put her helm to starboard; or if the vessel ahead does not think it safe for the vessel astern to attempt to pass at that point, she shall immediately sig- nify the same by giving several short and rapid blasts of the steam-whistle, not less than four, and under no cir- cumstances shall the vessel astern attempt to pass the vessel ahead until such time as they have i cached a point where it can be safely done, when said vessel ahead shall signify her willingness by blowing the proper signals. The vessel ahead shall in no case attempt to cross the bow or crowd upon the course of the passing vessel. RULE IX. The whistle signals provided in the rules under this article, for steam-vessels meeting, passing, or 376 NAVIGATION LAWS OF THE UNITED STATES. Feb. 14. Sec. 10. inland rules, overtaking, are never to be used except when steamers are in sight of each other, and the course and position of each can be determined in the daytime by a sight of the vessel itself, or by night by seeing its signal lights. In fog, mist, falling snow or heavy rainstorms, when vessels can not see each other, fog-signals only must be given. SUPPLEMENTARY REGULATIONS. ice. 2. The supervising inspectors of steam vessels and the Supervising Inspector General shall establish such rules to be observed by steam vessels in passing each other and as to the lights to be carried by ferryboats and by barges and canal boats when in tow of steam vessels, and as to the lights and day signals to be carried by vessels, dredges of all types, and vessels working on wrecks by [or] other obstruction to navigation or moored for submarine operations, or made fast to a sunken object which may drift with the tide or be towed, not inconsistent with the provisions of this Act, as they from time to time may loos, deem necessary for safety, which rules when approved by the Secretary of Commerce are hereby declared special rules duly made by local authority, as provided for in article thirty of chapter eight hundred and two of the laws of eighteen hundred and ninety. Two printed copies of such rules shall be furnished to such ferryboats, barges, dredges, canal boats, vessels working on wrecks, and steam vessels, which rules shall be kept posted up in con- spicuous places in such vessels, barges, dredges, and boats. TWO STEAM- VESSELS CROSSING. June 7, 1897. ART. 10. When two steam vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. STEAM-VESSEL SHALL KEEP OUT OF TIIK WAY OF SAILING- VESSEL. ART. 20. When a steam-vessel and sailing-vessel are proceeding in such directions as to involve risk of col- lision, the steam-vessel shall keep out of the way of the sailing-vessel. OOUBS1 AND SPEED. Airr. -21. Where, by any of the.-e rules, one of the two Vessels is to keep out of the way. the other shall keep her course and speed. [See articles 27 and 29.] CROSSING AHEAD. ART. 22. Every reesel which is directed by these rules to keep out of the way of another vessel shall, if the cir- cumstances of the case admit, avoid crossing ahead of the other. PART \\XI\V Rri.F.s To PREVENT OOU ISIONS. 377 STEAM-VESSELS SHALL SLACKEN MM:I:I> ou STOP, inland ruh-s. ART. 23. Every steam-vessel which is directed by these rules to keep out of (lie way of another vessel shall, on approaching her. if necessary, slacken her speed or stop or reverse. o\ MKTAKIM; VESSELS. AKT. iM. Notwithstanding anything contained in these rules every vessel, o\ ertakini: any other, shall keep out of the way of the overtaken vessel. Every vessel coming up with another vessel from any direction more than two points abaft her beam, that is, in sueh a position, with reference to the vessel which she is overtaking that at night she would be unable to see either of that vessel's side-lights-, shall be deemed to be an overtaking vessel : and no subsequent alteration of the bearing between the two vessels shall make the overtak- ing vessel a crossing vessel within the meaning of these rules, or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear. As by day the overtaking vessel can not always know with certainty whether she is forward of or abaft this direction from the other vessel she should, if in doubt, assume that she is an overtaking vessel and keep out of the way. NARROW CHANNELS. ART. 25. In narrow channels every steam- vessel shall, when it is safe and practicable, keep to that side of the fair-way or mid-channel which lies on the starboard side of such vessel. RIGHTS OF WAY OF FISHING VESSELS. ART. 26. Sailing-vessels under way shall keep out of the way of sailing-vessels or boats fishing with nets, or lines or trawls. This rule shall not give to any vessel or boat engaged in fishing the right of obstructing a fair- way used by vessels other than fishing- vessels or boats. GENERAL PRUDENTIAL RULE. ART. 27. In obeying and construing these rules due re- gard shall be had to all dangers of navigation and colli- sion, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. SOUND SIGNALS FOR PASSING STKAMKRS. (See Art. 18.) ART. 28. When vessels are in sight of one another a steam-vessel under way whose engines are going at full speed astern shall indicate that fact by three short blasts on the whistle. 378 NAVIGATION LAWS OF THE UNITED STATES. Inland rule.. PRECAUTION. ART. 29. Nothing in these rules shall exonerate any ves- sel, or the owner or master or crew thereof, from the con- sequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. LIGHTS OX UNITED STATES NAVAL VESSELS AND REVEMT. C UTTERS. ART. 30. The exhibition of any light on board of a ves- sel of war of the United States or a revenue cutter may be suspended whenever, in the opinion of the Secretary of the Navy, the commander in chief of a squadron, or the commander of a vessel acting singly, the special character of the service may require it. DISTRESS SIGNALS. ART. 31. When a vessel is in distress and requires as- sistance from other vessels or from the shore the follow- ing shall be the signals to be used or displayed by her, either together or separately, namely : IN THE DAYTIME. A continuous sounding with any fog-signal apparatus, or firing a gun. AT NIGHT. First. Flames on the vessel as from a burning tar bar- rel, oil barrel, and so forth. Second. A continuous sounding with any fog-signal apparatus, or firing a gun. 372. Limits of application of international and inland or local rules. i-vi.. 19, 1895. The Secretary of Commerce is herebj^ authori/ed. ein- KH,'.i'4, 1903. powered and directed from time to time to designate and define by suitable bearings or ranges with light houses, light vessels, buoys or coast objects, the lines dividing the high seas from rivers, harbors and inland waters. The words " inland waters" used in this Act shall not be hold to include the Great Lakes and their connectinir and tributary waters as far east as Montreal: I IMS I SIAI'.I.ISIIIM. HAKKOKS, KI\!KS. \ M> !.\I..\M> WATIK^ Ol TIM' r.\m:i> STATIS. WITHIN WHICH TIII: INLAND RULES AKI APPLY. (All lu'iirin-s ;u-r iii ,]ru'i < trii.- and joints magnetic. :unl aiv irivrn approximately; distances in nautical mili's.i Cutlor (Litflo Itivor) II;irl>or. Mr.: A lino dniwn from I ..mi: Point i!i.V, (S\V. by \V. * \V. > to T.ittlo IJivor IIo.-i.l. Littlo M:iclii:is liny. M;ichi;is r.M.v. Knirlishnian \\i\y, ( MiMiidlor Bay, Moosabec Reach, Plo;is;mt r..iy. Narraguagus Bay, and PART XXXIV. RULES TO PREVENT COLLISIONS. 379 Pigeon Hill Kay, Me.: A lino drawn from Little Kiver II. -ad -:;L' i"i" I \VS\V. :,' W.) to outer side of Crumple Island; thence 24S ( \V. g S.) to Petit Manan Light house. All liarbors on the coast of Maine, New Hampshire, and Massa- chusetts between 1'etil Manan Lighthouse, .Me., and Cape Ann Lighthouses. Mass.: A line drawn from Petit Manan Lighthouse 205* (SW. S.), liC.i miles, to Mount Desert Lighthouse : thence LT.o.'. (\V. J S.). about :;:; miles, to Matinicns Kock Lighthouses; thence I'tnT (\VN\V. \V.i. u:;A miles, to Monlu-gan Island Light- house; thence 260 (W. 4 X..), 19J miles to Seiruin Lighthouse: thence 2.TJ i\VS\V.), ISi miles, to Cape Elizabeth Lightvessel, No. 74; thence 214| (SW. | W.), 29* miles, to Boon Island Lighthouse: thence 210i (S\V.), 11 miles, to Anderson Led-,- Spindle, off Isles of Shoals Lighthouse; thence 176^ (S. J W.), 19i miles, to Cape Ann Li.irht houses. Mass. P.oston JIarbor: From Kasiorn Point Lighthouse 215 (SW. i W.), 15 J miles, to The Graves Lighthouse; thence 139i (SSE. i E.), 74 miles, to Minots Ledge Lighthouse. All harbors in Cape Cod Bay. Mass.: A line drawn from Ply- mouth (Gurnet) Lighthouses 77^ (E. i S.), 16i miles, to Race Point Lighthouse. Xant ticket Sound, Vineyard Sound, Buzzards Bay, Narragan- sett Bay, Block Island Sound, and easterly entrance to Long Island Sound: A line drawn from Chatham Lighthouses, Mass., 146 (S. by E. 1 E.), 4 miles, to Pollock Rip Shoals Lightvessel, Xo. 73; thence 142 (SSE. E.), 12| miles, to Great Round Shoal Entrance Gas, Whistling, and Submarine Bell Buoy (PS) ; thence 229 (SW. by W. * W.), 14 miles, to Sankaiy Head Lighthouse; from Smith Point, Xantucket Island, 265 (W. f X T .), 25* miles, to southeasterly point Xo Mans Land; from westerly point" Xo Mans Land 359 (X\ by E.), 5 miles to Gay Head Lighthouse; thence 250i (W. f S.), 34 miles, to Block Island Southeast Lighthouse; thence 250^ (W. f S.), 14f miles, to Montauk Point Lighthouse, on the easterly end of Long Island, X. Y. Xew York Harbor: A line drawn from Rockaway Point Life- Saving Station 1071 (S. i E.), 6} miles, to Ambrose Channel Lightvessel, Xo. 87; thence 23S (WSW.), 8} miles, to Xavesink (southerly) Lighthouse. Philadelphia Harbor and Delaware Bay: A line drawn from Cape May Lighthouse 2<>0 (SSW. -g- W.), 8?. miles, to Overfalls Lightvessel, Xo. 69; thence 246i (WSW. \ W.), 3 mile, to Cape Henlopeii Lighthouse. Baltimore Harbor and Chesapeake Bay: A line drawn from Cape Charles Lighthouse 188i (S. by W. i W.), 10 miles, to Outer Entrance Whistling Buoy, 2; thence 241f (SW. by W. I W.), 4 miles, to Cape Henry Lighthouse. Charleston Harbor: A line drawn from Ferris Wheel, on Isle of I 'alms, 154 (SSE. \ E.), 7 miles, to Charleston Lightvessel, Xo. ::*; thence 2.7.) (W. f S.) through Charleston Whistling P.uoy, GC, 7| miles, until Charleston Lighthouse bears 350 (X. 1 W.) ; thence 270 (W.), 2 miles, to the beach of Folly Island. Savannah Harbor and Calibogue Sound: A line drawn from Braddock Point, Hilton Head Island. 149 (SSE. f E.), 9J miles, to Tybee Gas and Whistling Buoy, T (PS) ; thence 270 (W.) to the beach of Tybee Island. St. Simon Sound (Brunswick Harbor) and St. Andrew Sound: From hotel on beach of St. Simon Island il mile 60 (XE. by E. f E.) from St. Simon Lighthouse, 130f (SE. E.), 6 miles, to 380 NAVIGATION LAWS OF THE UNITED STATES. Inland rules, st. Simon Whistling Buoy; thence 192 (S. by "W.), SJ miles, to St. Andrew Sound Bar Buoy (PS); thence 270 (W. ft S.), 4| miles, to the shore of Little Cumberland Island. St. Johns River, Fla. : A straight line from the outer end of the northerly jetty to the outer end of the southerly jetty. Florida Reefs and Keys : A line drawn from the easterly end of the northerly jetty, at the entrance to the dredged channel ft mile northerly of Xorris Cut, 114* (ESE.), If miles, to Florida Reefs North End Beacon, W. ; thence 178| (S. 1 E.), l-\ miles, to Biscayne Bay Sea Bell Buoy, 1; thence 1S1| (S.), 2| miles, to Fowey Rocks Lighthouse; thence 188 (S. ft W.), 6| miles, to Triumph Reef Beacon, O; thence 193 (S. by W.), 4ft miles, to Ajax Reef Beacon, M; thence 194* (S. by W. ft W.), 2 miles, to Pacific Reef Beacon, L; thence 196ft (S. by W. f W.), 5 miles, to Turtle Harbor Sea Buoy, 2; thence 210 (SSW. ft W.). 4| miles, to Carysfort Reef Lighthouse; thence 209* (SSW. ft W.), 5J miles, to Elbow Reef Beacon, J; thence 218 (SW. f S.), 7] miles, to French Reef Beacon, G; thence 220ft (SW. ft S.), 2 miles, to Molasses Reef Beacon, T; thence 234i (SW. W.), (> miles, to Conch Reef Beacon, E; thence 235 (SW. f W.) through Crocker Reef Beacon, D, 10 J miles, to Alligator Reef Lighthouse ; thence 238 (SW. by W.), 9 miles, to Tennessee Reef Beacon, 7; thence 222^ (SW. ft S.), 2 miles, to Tennessee Reef Buoy. 4; thence 251 (WSW. ft W.), 10* miles, to Coffins Patchless Beacon, C; thence 247 (SW. by W. f W.), 8J miles, to Sombrero Key Lighthouse; thence 250 (WSW.), 2ft miles, to Sombrero Key Turn Buoy (PS) ; thence 253 (W T SW. 1 W.), 6ft miles, to Bahia Honda Sea Buoy (PS) ; thence 255* (WSW. ft W.), 7ft miles, to Looe Key Beacon, 6; thence 257* (WSW. f W.), 6| miles, to American Shoal Lighthouse; thence 253ft (WSW. f W.), 2| miles, to Maryland Shoal Beacon, S; thence 259 (WSW. f W.), 5ft miles, to Eastern Sambo Beacon, A; thence 256ft (WSW. ft W.). 21 miles, to Western Sambo Beacon, R; thence 252ft" (WSW. ft W.), If miles, to Western Sambo Buoy, 2; thence 261J (W. by S.), through Ship Channel Shoal Beacon, 5, 3J miles, to Main Ship Channel Entrance Bar Buoy (PS) ; thence 259ft (WSW. W.), 2ft miles, to Eastern Dry Rocks Beacon, 4; thence 256ft (WSW. ft W.), 1J miles, to Sand Key Lighthouse; thence 261 (W. by S.), 2 miles, to Western Dry Rocks Beacon, 2; thence 268} (W. f S.), 3ft miles, through Satan Shoal Buoy (IIS) to Vestal Shoal Buoy, 1; thence 273 J (W. ft X.). .",! miles, to Coal Bin Rock Buoy (IIS); thence 324 J (XW. -g N.). 7 1 , miles, to Conch Key; from northwesterly point Marquesas Keys (51 J (XE. by E. ft E.), 4ft miles, to North Entrance Buoy (PS), Boca Grande Channel; thence 84 (E. f X.), 9J miles, to Northwest Channel Entrance Bell Buoy (PS), Northwest Chan- nel into Key West: thence c.sj (XI-:. by E. ft E.), 23ft miles, to northerly side of Content Keys; thence 48ft (XE. ft E.), 2 ( .H miles. 1(1 East Cape, Cape Sable. rimrlotfe Il.-irhor and Punta Gorda. Fin.: Eastward of En- trance I'.ell P.uoy (I'Si. off Bora Grande, and in Charlotte Har- bor, in Pine Island Sound and Matlacha Pass. Pilot: Rules for \Yesiern Rivers apuly in Peace and Myacca Hirers north of a 260 P and 70 (WS\V. and ENK.) line through Mangrove IV.int: Light ; and in Caloosaha tehee Hirer northward of 1he steamboat wharf ;il I 'iint ;i rasa. Tampa P.ar and tributaries, Fla.: From the southerly end of Long Key 245* I ' SW. by W. W.). .'{ miles, to Entrance Gas and Whistling Buoy (PSi : thence 128ft 6 (S.B. : , 1 B.). (i ' i"ih>s. ; Bell Buoy (PS) at the entrance to Southwest riiamtcl: thence 102ft (E. ft S.). 12 r i miles. ID the house on the north end of Anna Maria Key. Pilot Rules for Western Rivers apply in Manateo River inside BhtTEDCe P.iioy ('PS1; in HillslM.r.. River inside P.arrel Stake P.eacon. St. (Jeoi'-e Sound. Apalachicola P.ar. Carrabollo and A]>alachi- cola Rivers, an. when crossing the har. Peiisacola Harbor: I-'r,.in Caucus Cut Knt rancr Whistling P.noy (PS) 8 (X. | F.) tangent, to easterly side of Port Pickens, to the shore of Santa Rosa Island, and froin the Whistling P.noy north- ward in the bnoyrd channel through Caucus Shoal. Mobile Ilarhor and Bay: From Outer Whistling Buoy (PS) 40 I XL 1 , by N."l to shore of Mobile Point, and from the Whistling Hnoy :',L'0 (XW.) 10 Hu shore of Dauphin Island. Pilot Rules for Western River* apply in Mobile River above P.atterv Chidden Llgbt Sounds, Lakes, and Harbors on the Coasts of Alabama, Missis- sippi, and Louisiana, between Mobile Bay Entrance and the Delta of the Mississippi River: From Sand Island Lighthouse 259 ( \\'S\V. W.), -4;U miles, to Chandeleur Lighthouse; westward of Cliamleleur and Krrol Islands, and west of a line drawn from the southwesterly point of Errol Island 182 (S. i E.), 23 miles, to Tass a Loutre Lighthouse. Pilot Rules for Western Rivers apply in Pascngoula River, and in the dredged cut at the entrance to the river, above Pascagoula River Entrance Light, A, marking the entrance to the dredged cut. New Orleans Harbor and the Delta of the Mississippi River. Inshore of a line drawn from the outermost mud lump showing above low water at the entrance to Pass a Loutre to a similar lump off the entrance to Northeast Pass ; thence to a similar lump off the entrance to Southeast Pass; thence to the outermost aid to navigation off the entrance to South Pass; thence to the outer- most aid to navigation off the entrance to Southwest Pass; thence northerly, about 18^ miles, to the westerly point of the entrance to Jaque Bay. Sabiue Pass, Tex.: Pilot Rules for Western Rivers apply to Sabine Pass northward of Sabine Pass Whistling Buoy (PS), and in Sabine Lake and its tributaries. Outside of this buoy the International Rules apply. Galveston Harbor: A line drawn from Galveston North Jetty Light 164 (SSE. i E.), 2| miles, to Galveston Bar Gas Buoy (PS) ; thence 3121 (NW. | W.), 1| miles, to Galveston (S.) Jetty Light. P.razos River, Tex. : Pilot Rules for Western Rivers apply in the Brazos River above the outer ends of the jetties. International Rules apply outside the ends of the jetties. San Diego Harbor: A line drawn from southerly tower Coro- nado Hotel 221^ (SSW. W.), 4J miles, to Outside Bar Whistling Buoy, SD. (PS) ; thence 356| (N. by W. W.), 2| miles, to Point Loma Lighthouse. San Francisco Harbor : A line drawn through Mile Rocks Light- house 32G (NW. f W.) to Bonita Point Lighthouse. Columbia River Entrance: A line drawn from knuckle of Colum- bia River south jetty 351 (NNW. f W.) to Cape Disappointment Lighthouse. Juan de Fuca Strait, Washington and Puget Sounds: A line drawn from New Dungeness Lighthouse 19^ (N. \ W.), 17| miles, to Cattle Point Light, on southeasterly point of San Juan Island (Mount Constitution, on Orcas Island, is in range with Cattle Point Light on this line) ; from Bellevne Point, San Juan Island, 335 (NW. W.), to Kellett Bluff, Henry Island; thence 346 (NW. f N.) to Turn Point Light; thence 7t live miles. (b) On the starboard side, a given light, so constructed us to throw an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles. (c) On the port side, a red light, so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, PART XXXIV. RULES TO PREVENT COLLISIONS. 383 and of such a character as to be visible at a distance of at {*** L * k * least two miles. (d) The said given and red lights shall be fitted with inboard screens projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. (e) A steamer of over one hundred and fifty feet reg- i>ter length shall also carry when under way an addi- tional bright light similar in construction to that men- tioned in subdivision (a), so fixed as to throw the light all around the horizon and of such character as to be, visible at a distance of at least three miles. Such addi- tional light shall be placed in line with the. keel at least fifteen feet higher than the deck and more than seventy- five feet abaft the light mentioned in subdivision (a). VESSELS TOWING. RULE 4. A steam vessel having a tow other than a raft shall in addition to the forward bright light mentioned in subdivision (a) of rule three carry in a vertical line not less than six feet above or below 7 that light a second bright light of the same construction and character and fixed and carried in the same manner as the forward bright light mentioned in said subdivision (a) of rule three. Such steamer shall also carry a small bright light abaft the funnel or aftermast for the tow to steer by, but such light shall not be visible forward of the beam. RULE 5. A steam vessel having a raft in tow shall, in- stead of the forward lights mentioned in rule four, carry on or in front of the foremast, or if a vessel without a foremast then in the fore part of the vessel, at a height above the hull of not less than twenty feet, and if the beam of the vessel exceeds twenty feet, then at a height above the hull not less than such beam, so however that such height need not exceed forty feet, two bright lights in a horizontal line athwartships and not less than eight feet apart, each so fixed as to throw the light all around the horizon and of such character as to Be visible at a distance of at least five miles. Such steamer shall also carry the small bright steering light aft, of the character and fixed as required in rule four. RULE 6. A sailing vessel under way and any vessel being towed shall carry the side lights mentioned in rule three. A vessel in tow shall also cany a small bright light aft, but such light shall not be visible forward of the beam. RULE 7. The lights for tugs under thirty tons register whose principal business is harbor towing, and for boats navigating only on the River Saint Lawrence, also ferry- boats, rafts, and canal boats, shall be regulated by rules which have been or may hereafter be prescribed by the Board of Supervising Inspectors of Steam Vessels. 92075 15 25 384 NAVIGATION LAWS OF THE UNITED STATES. L akes RULE 8. Whenever, as in the case of small vessels under v. ay during bad weather, the green and red side lights can not be fixed, these lights shall be kept at hand lighted and ready for use, and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides. To make the use of these port- able lights more certain and easy, they shall each be painted outside with the color of the light they respec- tively contain, and shall be provided with suitable screens. RULE 9. A vessel under one hundred and fifty feet reg- ister length, when at anchor, shall carry forward, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a lantern constructed so as to show a clear, uniform, and unbroken light, visible all around the horizon, at a distance of at least one mile. A vessel of one hundred and fifty feet or upward in register length, when at anchor, shall carry in the forward part of the vessel, at a height of not less than twenty and not exceeding forty feet above the hull, one such light, and at or near the stern of the vessel, and at such a height that it shall be not less than fifteen feet lower than the forward light, another such light. RULE 10. Produce boats, canal boats, fishing boats, rafts, or other water craft navigating any bay, harbor, or river by hand power, horse power, sail, or by the current of the river, or which shall be anchored or moored in or near the channel or fairway of any bay, harbor, or river, and not otherwise provided for in these rules, shall carry one or more good white lights, which shall be placed in such manner as shall be prescribed by the Board of Supervising Inspectors of Steam Vessels. RULE 11. Open boats shall not be obliged to carry the side lights required for other vessels, but shall, if they do not carry such lights, carry a lantern having a green slide on one side and a red slide on the other side: and on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent collision, and in such a manner that the green light shall not be seen on the port side, nor the red light on the starboard side. Open boats, when at anchor or stationary, shall exhibit M bright white light. They shall not. however, be prevented from using a (tare-up in addition if considered expedient. Ivii.K 1-J. Sailing vessels shall at all times, on the ap- proach of any steamer during the night-time, -how a lighted torch upon that point or quarter to which such steamer shall be approaching. Rri.i: 1:1. The exhibition of any light on board of a ves- sel of war or revenue cutter of the United States may be suspended whenever, in the opinion of the Secretary of PART XXXIV. RULES TO PREVENT COLLISIONS. 385 the Navy, the commander in chief of a squadron, or the *' 1 L k " commander of a vessel acting singly, the special character of the service may require it. FOG SIGNAL. RULE 14. A steam vessel shall he provided with ;m efli- cient whistle, sounded by steam or by some substitute for strain, placed before the funnel not less than eight feet from the deck, or in such other place as the local inspec- tors of steam vessels shall determine, and of such char- acter as to l.e heard in ordinary weather at a distance of at least two miles, and with an ellicient bell, and it is hereby made the duty of the United States local inspec- tors of steam vessels when inspecting the same to require each steamer to be furnished with such whistle and bell. A sailing vessel shall be provided with an efficient fog horn and with an efficient bell. Whenever there is thick weather by reason of fog, mist, falling snow, heavy rainstorms, or other causes, whether by day or by night, fog signals shall be used as follows : (a) A steam vessel under way, excepting only a steam vessel with raft in tow, shall sound at intervals of not more than one minute three distinct blasts of her whistle. (b) Every vessel in tow of another vessel shall, at in- tervals of one minute, sound four bells on a good and efficient and properly placed bell as follows : By striking the bell twice in quick succession, followed by a little longer interval, and then again striking tw T ice in quick succession (in the manner in which four bells is struck in indicating time). (c) A steamer with a raft in tow shall sound at inter- vals of not more than one minute a screeching or Modoc whistle for from three to five seconds. (d) A sailing vessel under way and not in tow shall sound at intervals of not more than one minute If on the starboard tack with wind forward of abeam, one blast of her fog horn ; If on the port tack with wind forward of the beam, two blasts of her fog horn ; If she has the wind abaft the beam on either side, three blasts of her fog horn. (e) Any vessel at anchor and any vessel aground in or near a channel or fairway shall at intervals of not more than two minutes ring the bell rapidly for three to five seconds. (f) Vessels of less than ten tons registered tonnage, not being steam vessels, shall not be obliged to give the above-mentioned signals, but if they do not they shall make some other efficient sound signal at intervals of not more than one minute. (g) Produce boats, fishing boats, rafts, or other water craft navigating by hand power or by the current of the river, or anchored or moored in or near the channel or 386 NAVIGATION LAWS OF THE UNITED STATES. Lakes fairway and not in any port, and not otherwise provided for in these rules, shall sound a fog horn, or equivalent signal, at intervals of not more than one minute. RULE 15. Every vessel shall, in thick weather, by rea- son of fog, mist, falling snow, heavy rain storms, or other causes, go at moderate speed. A steam vessel hearing, apparently not more than four points from right ahead, the fog signal of another vessel shall at once reduce her speed to bare steerageway, and navigate with caution until the vessels shall have passed each other. STEERING AND SAILING RULES. SAILING VESSELS. RULE 16. When two sailing vessels are approaching one another so as to involve risk of collision one of them shall keep out of the way of the other, as follows, namely : (a) A vessel which is running free shall keep out of the way of a vessel which is closehauled. (b) A vessel which is closehauled on the port tack shall keep out of the way of a vessel which is closehauled on the starboard tack. (c) When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other. (d) When they are running free, with the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward. STEAM VESSELS. RULE 17. When two steam vessels are meeting end on, or nearly end on, so as to involve risk of collision each shall alter her course to starboard, so that each shall pass on the port side of the other. RULE IS. When two steam vessels are crossing so as to involve risk of collision the vessel which has the other on her own starboard side shall keep out of the way of the other. RULE 19. When a steam vessel and a sailing vessel are proceeding in such directions as to involve risk of colli- sion the steam vessel shall keep out of the way of the sailing vessel. RULE 20. Where, by any of the rules herein prescribed, one of two vessels shall keep out of the way. the other shall keep her course and speed. RULE 21. Every steam vessel which is directed l>y these rules to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or stop or reverse. RULE 22. Notwithstanding anything contained in these rules every vessel overtaking any other shall keep out of the way of the overtaken vessel. PART XXXIV. RULES TO PREVENT COLLISIONS. 387 RULE. 23. In nil weathers every steam vessel under way ru l } ' Hi L * kei in taking MIIV course authorized or minimi by these* rules shall indicate that course by the following signals on her whistle, to he accompanied whenever mjiiired by corre- sponding alteration of her helm; and every steam vessel receiving a signal from another shall promptly respond with the same signal or, as provided in Rule Twenty-six: One blast to mean, "I am directing my course to starboard." Two blasts to mean. "I am directing my course to port." But the giving or answering signals by a vessel required to keep her course shall not vary the duties and obligations of the respective vessels. RULE 24. That in all narrow channels where there is a current, and in the rivers Saint Mary, Saint Clair, De- troit, Niagara, and Saint Lawrence, when two steamers are meeting, the descending learner shall have the right of way. and shall, before the vessels shall have arrived within the distance of one-half mile of each other, give the signal necessary to indicate which side she elects to take. KILE 25. In all channels less than five hundred feet in width, no steam vessel shall pass another going in the same direction unless the steam vessel ahead be disabled or signify her willingness that the steam vessel astern shall pass, when the steam vessel astern may pass, subject, however, to the other rules applicable to such a situation. And when steam vessels proceeding in opposite directions are about to meet in such channels, both such vessels shall be slowed down to a moderate speed, according to the circumstances. RULE 26. If the pilot of a steam vessel to which a pass- ing signal is sounded deems it unsafe to accept and assent to said signal, he shall not sound a cross signal; but in that case, and in every case where the pilot of one steamer fails to understand the course or intention of an approach- ing steamer, whether from signals being given or an- swered erroneously, or from other causes, the pilot of such steamer so receiving the first passing signal, or the pilot so in doubt, shall sound several short and rapid blasts of the whistle; and if the vessels shall have approached within half a mile of each other both shall reduce their speed to bare steerage way, and, if necessary, stop and reverse. RULE 27. In obeying and construing these rules due regard shall be had to all dangers of navigation and colli- sion and to any special circumstances w r hich may render a departure from the above rules necessary in order to avoid immediate danger. RULE 28. Nothing in these rules shall exonerate any vessel, or the owner or master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of a neglect of 388 NAVIGATION LAWS OF THE UNITED STATES. Great Lakes rules. Sec. 2. Sec. 3. Feb. 14, 1903. Sec. 10. Feb. 8, 1895. Sec. 4. 1897 ' any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. A fine, not exceeding two hundred dollars, may be im- posed for the violation of any of the provisions of this Act. The vessel shall be liable for the said penalty, and may be seized and proceeded against, by way of libel, in the" district court of the United States for* any district within which such vessel may be found. The Secretary of Commerce of the United States shall have authority to establish all necessary regulations, not inconsistent with the provision of this Act, required to carry the same into effect. The Board of Supervising Inspectors of the United States shall have authority to establish such regulations to be observed by all steam vessels in passing each other, not inconsistent with the provisions of this Act, as they shall from time to time deem necessary; and all regula- tions adopted by the said Board of Supervising Inspec- tors under the authority of this Act, when approved by the Secretary of Commerce, shall have the force of law. Two printed copies of any such regulations for passing, signed by them, shall be furnished to each steam vessel, and shall at all times be kept posted up in conspicuous places on board. All laws or parts of laws, so far as applicable to the navigation of the Great Lakes and their connecting and tributary waters as far east as Montreal, inconsistent with the foregoing rules are hereby repealed. 374. Rules for the Bed River of the North, and rivers empty- ing into the Gulf of Mexico, and their tributaries. Sections forty-two hundred thirty-three, forty-four hundred and twelve (with the regulations made in pur- suance thereof, except the rules and regulations for the government of pilots of steamers navigating the Ked River of the North and rivers emptying into the Gulf of Mexico and their tributaries, and except the rules for the Great Lakes and their connecting and tributary waters as far east as Montreal), and forty-four hundred and thir- teen of the Revised Statutes of the United States, and chapter two hundred and two of the laws of eighteen hundred and ninety-three, and sections one and three of chapter one hundred and two of the laws of eighteen hundred and ninety-five, and sections live, twelve and thirteen of the Act approved March third, eighteen hun- dred and ninety-seven, entitled "An Act to amend the laws relating to navigation," and all amendments thereto. are hereby repealed so far as the harbors, rivers, and in- land waters aforesaid (except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North, and rivers emptying into the Gulf of Mexico, and their tributaries) are con- cerned. \\xiv. nn.i.s TO IMIKVKNT COLLISIONS, 389 The following rule- for preventing collisions on the rill ^' sN ' rn KlTer water shall he followed in the navigation of vessels of "! '^' , the Xavv and of the inereaiitile marine of the United State-: >! i:\M AND SAIL \ USD 8, Rule one. Kvery steam vessel which is under sail and ^i"'-,;;- 1:m: '- not under steam shall he considered a sail vessel: and every steam \e>sel which is under steam, whether under sail or not, shall be considered a steam vessel. The words steam vessel shall include any vessel propelled by machinery. LIGHTS. Rule two. The lights mentioned in the following rules, R. s., 4233. and no others, shall be carried in all weathers, between sunset and sunrise. Rule three. All ocean-going steamers, and steamers carrying sail, shall, when under way, carry (A) At the foremast head, a bright white light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of twenty points of the com- pass, and so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side. (B) On the starboard side, a green light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side. (C) On the port side, a red light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The green and red lights shall be fitted with inboard screens, projecting at least three feet forward from the lights, so as to prevent them from being seen across the bow. Rule four. Steam-vessels, when towing other vessels, shall carry two bright white mast-head lights vertically, in addition to their side lights, so as to distinguish them from other steam-vessels. Each of these mast-head lights shall be of the same character and construction as the mast-head lights prescribed by Rule three. Rule five. All strain-vessels, other than ocean-going steamers and steamers carrying sail, shall, when under way, carry on the starboard and port side lights of the 390 NAVIGATION LAWS OF THE UNITED STATES. Mar. 3, 1893. R. s., 4233. B1?er same character and construction and in the same position as are prescribed for side-lights by Rule three, except in the case provided in Rule six. Rule six. River-steamers navigating waters flowing into the Gulf of Mexico, and their tributaries, shall carry the following lights, namely: One red light on the out- board side of the port smoke-pipe, and one green light on the outboard side of the starboard smoke-pipe. Such lights shall show both forward and abeam on their respective sides. Rule seven. All coasting steam- vessels, and steam- ves- sels other than .ferry -boats and vessels otherwise expressly provided for, navigating the bays, lakes, rivers, or other inland waters of the United States, except those men- tioned in Rule six, shall carry the red and green lights, as prescribed for ocean-going steamers; and, in addition thereto, a central range of two white lights; the after- light being carried at an elevation of at least fifteen feet above the light at the head of the vessel. The head light shall be so constructed as to show a good light through twenty points of the compass, namely : from right ahead to two points abaft the beam on either side of the vessel ; and the after-light so as to show all around the horizon. ^he lights for ferryboats, barges and canal boats when in tow of steam vessels shall be regulated by such rules as the Board of Supervising Inspectors of Steam Vessels shall prescribe. Rule eight. Sail-vessels, under way or being towed, shall carry the same lights as steam-vessels under way, with the exception of the white mast-head lights, which they shall never carry. Rule nine. Whenever, as in case of small vessels dur- ing bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition, and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side. To make the use of these portable, lights more certain and easy, they shall each be painted outside with the color of the light they respec- tively contain. and shall be provided with suitable screens. Rule ten. All vessels, whether steam-vessels or sail-ves- sels, when at anchor in roadsteads or fairways, shall, be- tween sunset and sunrise, exhibit where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a globular lantern of eight inches in diameter, and so constructed as to show a clear, uni- form, and unbroken light, visible all around the horizon, and at a distance of at least one mile. Rule eleven. Sailing pilot-vessels shall not carry the lights required for other sailing-vessels, but shall carry a PART \\XIV. RULES TO PREVENT COLLISIONS. 391 white light at the mast-head, visible all around (lie ril ^' sl< ' rn Klv( ' r hori/on. and shall also exhibit a llare-up light every fif- teen minutes. Steam pilot boats ^hall, in addition to the mast-head ] '\ s --.)-y;; ( ,- ... ,* , i I I I \ A M:ir. ... 1 Ml i . light and green and red side Lights required for ocean Bec.5. steam vessels, carry a red Ii.rht hung vertically from three to live I'eet above the foremast headlight, for the purpose of distinguishing SUCh Steam pilot boats from other steam vessels. Rule twelve. Coal-boats, trading-boats, produce-boats, canal -boats, oyster-boats, fishing-boats, rafts, or other v. ater-craft, navigating any bay, harbor, or river, by hand-power, horse power, sail, or by the current of the river, or which shall be anchored or moored in or near the channel or fairway of any bay. harbor, or river, shall carry one or more good white lights, which shall be placed in such manner as shall be prescribed by the board of supervising inspectors of steam-vessels | but ^"K-^O. issc. this rule shall be so construed as not to require row boats i''i,'. g, isos. and skiffs on the river St. Lawrence to carry lights]. Rule thirteen. Open boats shall not be required to carry K s - *-'''' the side-lights required for other vessels, but shall, if they do not carry such lights, carry a lantern having a green slide on one side and a red slide on the other side ; and, on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent collision, and in such a manner that the green light shall not be seen on the port side, nor the red light on the starboard side. Open boats, when at anchor or stationary, shall exhibit a bright white light. They shall not, however, be prevented from using a flare-up, in addition, if considered expedient. Rule fourteen. The exhibition of any light on board of a vessel of war of the United States may be suspended sec. '12*. whenever, in the opinion of the Secretary of the Navy, the commander in chief of a squadron, or the commander of a vessel acting singly, the special character of the serv- ice may require it. The exhibition of any light on board of a revenue cutter of the United States may be suspended whenever, in the opinion of the commander of the vessel, the special character of the service may require it. Rule fifteen. Whenever there is a fog, or thick weather. M whether by day or night, fog signals shall be used as fol- sec. 12*. lows: (a) Steam vessels under way shall sound a steam whistle placed before the funnel, not less than eight feet from the deck, at intervals of not more than one minute. Steam vessels, when towing, shall sound three blasts of quick succession repeated at intervals of not more than one minute, (b) Sail vessels under way shall sound a fog horn at intervals of not more than one minute, (c) Steam vessels and sail vessels, when not under way, shall sound a bell at intervals of not more than two minutes. 392 NAVIGATION LAWS OF THE UNITED STATES. ruiL e . 8tern BiTer (D) Coal-boats, trading-boats, produce-boats, canal- boats, oyster-boats, fishing-boats, rafts, or other water- craft, navigating any bay, harbor, or river, by hand- power, horse-power, sail, or by the current of the river, or anchored or moored in or near the channel or fair- way of any bay, harbor, or river, and not in any port, shall sound a fog-horn, or equivalent signal, which shall make a sound equal to a steam-whistle, at intervals of not more than two minutes. STEERING AND SAILING RULES. M u 's 2 ilb7 Ru} 6 sixteen. Risk of collision can, when circumstances S.M' 12'. c ' permit, be ascertained by carefully watching the com- pass bearing of an approaching vessel. If the bearing does not appreciably change such risk should be deemed to exist. R. s.. 4233. Rule seventeen. When two sailing vessels are approach- Mar. 3, 1897. ,1 i i / -IT J /. Bee. 12. mg one another, so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, namely : (a) A vessel which is running free shall keep out of the way of a vessel which is close-hauled. (b) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close-hauled on the starboard tack. (c) When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other. (d) When both vessels are running free, with the wind on the same side, the vessel which is to the wind- ward shall keep out of the way of the vessel which is to the leeward. (e) A vessel which has the wind aft shall keep out of the way of the other vessel. Rule eighteen. If two vessels under steam are meeting end on. or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other. Rule nineteen. If two vessels under steam are crossing so as to involve risk of collision, the vessel which lias the other on her own starboard side shall keep out of the way of the oilier. Rule twenty. If two vessels, one of which is a sail- vessel and tin- other a steam- vessel, are proceeding in such directions as to involve risk of collision, the steam- ~ol shall keep out of the way of the sail- vessel. Rule twenty-one. Kvery steam-vessel, when approach- ing another vessel, so as to involve risk of collision, shall slack-en her speed, or. if necessary, stop and reverse: and every steam-vessel shall, when in a fog, go at a moderate speed. Rule twenty-two. Every vessel overtaking any other vessel shall keep out of the way of the last-mentioned vessel. PART XXXIV. RULES TO PREVENT COLLISIONS. 393 Rule twenty-three. \Yherc, by Hides seventeen, nine- r|1 ^' sl '' r " Klver teen, twenty, and twenty-two, one of two vessels shall keep out of the way. the other shall keep her course, sub- ject to the qualifications of Rule twenty-four. Rule twenty- four. In construing and obeying these rules, due regard must be had to all dangers of naviga- tion, and to any special circumstances which may exist in any particular case rendering a departure from them nec- e.-sary in order to avoid immediate danger. Rule twenty-live. A sail vessel which is being over- R. s., 4-::::. taken by another vessel during the night shall show from Mar. 3, 1897. her stern to such last-mentioned vessel a torch or a flare- Sec - 13> up light. Rule twenty-six. Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen or by the special circum- stances of the case. [The board of supervising inspectors shall establish R - s.. *4?2. such regulations to be observed by all steam- vessels in Aug. 19^ ispo. passing each other, as they shall from time to time deem 3 ^ e ^ IS Q~ necessary for sa fety ; two printed copies of such regula- sec. 5. ' tions, signed by them, shall be furnished to each of such vessels, and shall at all times be kept posted U in con- spicuous places in such vessels.] [Every pilot, engineer, mate, or master of any steam- R. s., 4413. vessel who neglects or willfully refuses to observe the June ? 1897 - regulations established in pursuance of the preceding sec- Sec> 5 - tion, shall be liable to a penalty of fifty dollars, and for all damages sustained by any passenger, in his person or baggage, by such neglect or refusal.] 375. River navigation. On any steamers navigating rivers only, when, from 1{ - s - 4487 - darkness, fog, or other cause, the pilot or 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 naviga- tion 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 be- ing so admonished by either of such officers, elect to pur- sue such voyage, he may do the same; but in such case both he and the owners of such steamer shall be answer- able for all damages which shall arise to the person of any passenger, or his baggage, from such causes in so pursu- ing the voyage, and no degree of care or diligence shall in such case be held to justify or excuse the person in com- mand, or the owners. 394 NAVIGATION LAWS OF THE UNITED STATES. 376 ' Rules f or the St ' Mai T s Ri Mar. G, Sec. 2. 1896. Mar. 6, 1896. Sec. 3. Apr. 26 Sec. 2. Mar. i Apr. J The Secretary of Commerce is authorized and directed to adopt and prescribe suitable rules and regulations gov- erning the movements and anchorage of vessels and rafts in Saint Marys River from Point Iroquois, on Lake, Superior, to Point Detour, on Lake Huron, and for the purpose of enforcing the observance of such regulations the Secretary of the Treasury is hereby authorized to detail one or more Coast Guard cutters for duty upon the request of the Secretary of Commerce on said river. All officers of the Coast Guard who are directed to en- force the regulations prescribed by the above rules are hereby empowered and directed, in case of necessity, or when a proper notice has been disregarded, to use the force at their command to remove from channels or stop any vessel found violating the prescribed rules. In the event of the violation of any such regulations 1906. or rules of the Secretary of Commerce by the owners, master, or person in charge of such vessel, such owners, masters, or person in charge shall be liable to a penalty not exceeding two hundred dollars: Provided, That the Secretary of Commerce may remit said fine on such terms as he may prescribe : Provided also, That nothing in this Act shall be construed to amend or repeal the Act enti- tled "An Act to regulate navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal," approved February eighth, eighteen hundred and ninety-five. 377. Regattas and marine parades. Apr. 28, 1908. The Secretary of Commerce is hereby authorized and empowered in his discretion to issue from time to time regulations, not contrary to law, to promote the safety of life on navigable waters during regattas or marine pa- rades. To enforce such regulations the Secretary of Commerce may detail any public vessel in the service of that Depart- ment and make use of any private vessel tendered gratui- tously for the purpose, or upon the request of the Secre- tary of Commerce the head of any other Department may enforce the regulations issued under this Act by means of any public vessel of such Department and of any pri- vate vessel tendered gratuitously for the pin-pose. The authority and power Iwstowed upon the Secretary of Commerce by sections one and two may be transferred for any special occasion to the head of another Depart- ment by the President whenever in his judgment such transfer is desirable. Sec. 2. Sec. 3. PART XXXIV. RULES TO PREVENT COLLISIONS. 395 For any violation of regulations issued pursuant to this Act the following penalties shall he incurred: (a) A licensed oilieer shall he liahle to suspension or revocation of license in the manner now prescribed by law for Incompetency or misconduct. (b) Any person in charge of the na\ 'igation of a vessel other than a licensed oflicer shall he liahle to a penalty of five hundred dollars. (c) Tin 1 owner of a vessel (including any corporate ollieer of a corporation owning the vessel) actually on board shall he liable to a penalty of live hundred dollars, unless the violation of regulations shall have occurred without his knowledge. (d) Any other person shall be liable to a penalty of two hundred and fifty dollars. The Secretary of Commerce is hereby authorized and empowered to mitigate or remit any penalty herein pro- vided for in the manner prescribed by law for the miti- gation or remission of penalties for violation of the navigation laws. PART XXXV. AIDS TO NAVIGATION. 378. Assistance by United States ves- sels. 379. Removal of derelicts. 380. Lights and buoys. 381. Nautical Almanac. 382. Charts and manuals. 383. Storm and weather signals. 384. Private signals. 385. Interference with range lights. 386. Exemption from tolls. 387. Anchorage grounds. R. S. t 2759. R. S., 1536. Oct. 31, 1893. Mar. 3, 1905. May 12, 1906. 378. Assistance by United States vessels. The Coast Guard cutters on the northern and north- western lakes, when put in commission, shall be specially charged with aiding vessels in distress on the lakes. The President may, when the necessities of the service permit it, cause any suitable number of public vessels adapted to the purpose to cruise upon the coast in the sea- son of severe weather and to afford such aid to distressed navigators as their circumstances may require ; and such public vessels shall go to sea fully prepared to render such assistance. 379. Removal of derelicts. The President of the United States is hereby author- ized to make with the several governments interested in the navigation of the North Atlantic Ocean an interna- tional agreement providing for the reporting, marking, and removal of dangerous wrecks, derelicts, and other menaces to navigation in the Xorth Atlantic Ocean out- side the coast waters of the respective countries bordering thereon. The President in his discretion may temporarily detail any vessel or vessels of the Navy to remove or destroy derelicts in the course of vessels at sea. The regulations to govern the detail and service of said vessels shall be prescribed by the Secretary of the Navy and approved by the President. The Secretary of the Treasury is hereby authori/ed to have constructed, at a cost QOt to exceed two hundred and fifty thousand dollars, a steam veel specially fitted for and adapted to service at sea in bad weather, for the purpose of blowing up or otherwise destroying or towing into port wrecks, derelicts, and other lloating dangers to navigation, said vessel to be operated and maintained by the Coast Guard under such regulations as the Secretary of the Treasury may prescribe. 39G PART XXXV. AIDS TO NAVIGATION. 397 380. Lights and buoys. The Commissioner of Light-I louses may, when he I | : n *; 1 l l ;T< ,'; no deems it necessary, place a light-vessel, or other suitable sec.o. warning of danger, on or over any wreck or temporary obstruction to the entrance of any harbor, or in the chan nel or fairway of any bay or sound. The. Commissioner of Light-Houses shall properly V- s - i 4 5 7 Tn* i 11 1 1 1 1 i WT . It' 'A 'llIH l l|,li)l(), mark all pier-heads belonging to the I nited Mates sit- sec. 6. uated on the nortbern and northwestern lakes, whenever he is duly notified by the department charged with the construction or repair of pier-heads that the construction or repair of any such pier-heads has been completed. All buoys along the coast, or in bays, harbors, sounds, ^ s.,4678. or channels, shall be colored and numbered, so that pass- ing up the coast or sound, or entering the bay, harbor, or channel, ret I buoys with even numbers shall be passed on the starboard hand, black buoys with uneven numbers on the port hand, and buoys with red and black stripes on either hand. Buoys in channel-ways shall be colored with alternate white and black perpendicular stripes. 381. Nautical Almanac. Hereafter the " usual number " of copies of the Amer- May 13, 1902. iean Ephemeris and Nautical Almanac shall not be printed. In lieu thereof there shall be printed and bound one thousand one hundred copies of the same, uniform with the editions printed for the Navy Department, as provided in section seventy-three, paragraph five, of an Act approved January twelfth, eighteen hundred and ninety-five, providing for the public printing, binding, and distribution of public documents ; one hundred copies for the Senate, four hundred for the House, and six hun- dred for the Superintendent of Documents for distribu- tion to State and Territorial libraries and designated depositories. 382. Charts and manuals. There shall be a Hydrographic office attached to the R - s - 431 - Bureau of Navigation in the Navy Department, for the improvement of the means for navigating safely the ves- sels of the Navy and of the mercantile marine, by provid- ing, under the authority of the Secretary of the Navy, accurate and cheap nautical charts, sailing directions, navigators, and manuals of instructions for the use of all vessels of the United States, and for the benefit and use of navigators generally. The Secretary of the Navy is authorized to cause to be R> s " 432< prepared, at the Hydrographic Office attached to the Bu- reau of Navigation in the Navy Department, maps, charts, and nautical books relating to and required in navigation, and to publish and furnish them to navigators at the cost of printing and paper, and to purchase the plates and copyrights of such existing maps, charts, navigators, sail- 398 NAVIGATION LAWS OF THE UNITED STATES. ing directions and instructions, as he may consider neces- sary, and when he may consider it expedient to do so, and under such regulations and instructions as he may prescribe. R^s.,469i The charts published by the Coast Survey shall be sold ' at the office at Washington at the price of the printing and paper thereof, and elsewhere at the same price with the average cost of delivery added thereto; and hereafter there shall be no free distribution of such charts except to the departments of the United States and to the several States and officers of the United States requiring them for public use. Mar. 3, 1879. Senators, Representatives and Delegates to the House of Representatives shall each be entitled to not more than ten charts published by the Coast Survey for each regular session of Congress. 383. Storm and weather signals. sec' 3 ' 189 * Tne C nief of tne Weather Bureau, under the direction of the Secretary of Agriculture, on and after July first, eighteen hundred and ninety-one, shall have charge of the forecasting of weather, the issue of storm warnings, the display of weather and flood signals for the benefit of agriculture, commerce, and navigation, the gauging and reporting of rivers, the maintenance and operation of sea- coast telegraph lines and the collection and transmission of marine intelligence for the benefit of commerce and navigation, the reporting of temperature and rain-fall conditions for the cotton interests, the display of frost and cold-wave signals, the distribution of meteorological information in the interests of agriculture and commerce, and the taking of such meteorological observations as may be necessary to establish and record the climatic condi- tions of the United States, or as are essential for the pro] KM- execution of the foregoing duties. 384. Private signals. secff! 8 ' 19 8 ' -^ a s hipowm>r desires to use for the purpose of a pri- vate code any rockets, lights, or other similar signals, he may register those signals and house Hags and funnel marks with the Commissioner of Navigation, who shall .irivc public notice from time to time of the signals, house flairs, and funnel marks so registered in ,-uch manner as he may think requisite for preventing those signals from being mistaken for signals of distress or signals for pilots. The Commissioner of Navigation may refuse to register any signals which in his opinion can not easily lie distin- guished from signals of distress, signals for pilots, or siir- nal> preM-rihed by laws for preventing collisions. I'AIIT XXXV. AIDS To NAVIGATION. 399 385. Interference with range lights. It shall be mi law i'nl for any person to obstruct or inter- ^". y ( ? 4t 1908< fere with any aid to navigation established or maintained June 'n. 1010. in the Light-House Service under the Bureau of Light- I louses, or to anchor any vessel in any of the navigable waters of the United States so as to obstruct or interfere >\ ith range lights maintained therein, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor and be subject to a fine not ex- ceeding the sum of live hundred dollars for each offense, and each day during which such violation shall continue shall be considered as a new oll'ensc. Hereafter the penalties provided in section six of the l^-g 3 ' 1915 - Act of May fourteenth, nineteen hundred and eight (Thirty-fifth Statutes, page one hundred and sixty-two), for obstruction to or interference with any aid to naviga- tion maintained by the Lighthouse Service shall apply with equal force and effect to any private aid to naviga- tion lawfully maintained under the authority granted the Secretary of Commerce and the Commissioner of Light- houses by section six of the Act of June twentieth, nine- teen hundred and six (Thirty-fourth Statutes, "page three hundred and twenty-four). 386. Exemption from tolls. Xo tolls or operating charges whatever shall be levied g"J y 4 5f 1884> upon or collected from any vessel, dredge, or other water Mar. 3, 1000. craft for passing through any lock, canal, canalized river, ftec -- or other work for the use and benefit of navigation, now belonging to the United States or that may be hereafter acquired or constructed; and for the purpose of preserv- ing and continuing the use and navigation of said canals and other public works without interruption, the Secre- tary of War. upon the recommendation of the Chief of Engineers, United States Army, is hereby authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury to pay the actual expenses of operating, maintaining, and keeping said works in repair, which warrants or requisitions shall be paid by the Secretary of the Treasury out of any money in the Treasury not otherwise appropriated: rrovided. That whenever, in the judgment of the Secretary of War, the condition of any of the aforesaid works is such that its entire reconstruction is absolutely essential to its effi- cient and economical maintenance and operation as herein provided for, the reconstruction thereof may include such modifications in plan and location as may be necessary to provide adequate facilities for existing navigation : Pro- vided further, That the modifications are necessary to make the reconstructed work conform to similar works previously authorized by Congress and forming a part of the same improvement, and that such modifications 92075 15 26 400 NAVIGATION LAWS OF THE UNITED STATES. shall be considered and approved by the Board of Engi- neers for Rivers and Harbors and be recommended by the Chief of Engineers before the work of reconstruction is commenced: Provided further, also, That an itemized statement of said expenses shall accompany the annual report of the Chief of Engineers: And provided further, That nothing herein contained shall be held to apply to the Panama Canal. 387. Anchorage grounds. Mar. 4, 1915. The Secretary of War is hereby authorized, empowered, and directed to define and establish anchorage grounds for vessels in all harbors, rivers, bays, and other navi- gable waters of the United States whenever it is manifest to the said Secretary that the maritime or commercial interests of the United States require such anchorage grounds for safe navigation and the establishment of such anchorage grounds shall have been recommended by the Chief of Engineers, and to adopt suitable rules and regu- lations in relation thereto ; and such rules and regulations shall be enforced by the Coast Guard under the direction of the Secretary of the Treasury: Provided, That at ports or places where there is no Coast Guard cutter avail- able such rules and regulations may be enforced by the Chief of Engineers under the direction of the Secretary of War. In the event of the violation of any such rules and regulations by the owner, master, or person in charge of any vessel, such owner, master, or person in charge of such vessel shall be liable to a penalty of $100; and the said vessel may be holden for the payment of such pen- alty, and may be seized and proceeded against summarily by libel for the recovery of the same in any United States district court for the district within which such vessel may be and in the name of the officer designated by the Secretary of War. June so, 1914. The Secretary of the Navy is hereby authorized and empowered to define and establish suitable anchorage grounds in Hampton Roads, Virginia, and the adjacent waters for the combined fleets of the United States and foreign Governments which may rendezvous there prior to proceeding to the Panama-Pacific International Expo- sition, to be held al the city and county of San Francisco, California, in the year nineteen hundred and fifteen, as well as to define and establish suitable anchorage grounds in the May of San Francisco ;md the approaches and waters adjacent thereto during the continuance of the said Panama-Pacific International Exposition, and the Secretary of the Navy is hereby further authorized to make such rules and regulations regarding the movements of all vessels in all of the waters named as may be neces- sary in order to insure the proper and orderly conduct of such features as may be planned for the combined fleets and to provide for the safety of the vessels participating therein; and such rules and regulations when so issued and published shall have the force and effect of law. PART XXXVI. OBSTRUCTIONS TO NAVIGATION. Penalties. liridge spans. I '.ridge piers :ind :i hutments. Drawbridges. Sunken wrecks. Speed of vessels; navigation canals. Potomac River. of 404. Mississippi River passes. 388. Improvements by private <>r mu- 397. nicipul rr.rporations. 398. 389. I '.ridges, dams, and dikes. 399. 390. (Jeneral obstructions. 400. 391. Harbor lines. 401. 392. Penalties. 402. 393. Dumping into navigable waters. 394. Impairing public works. 403. 395. Obstructing channels. 396. Log regulations. 388. Improvements by private or municipal corporations. Any person or persons, corporations, municipal or pri- June 13, 1002. vaU', who desire to improve any navigable river, or any part thereof, at their or its own expense and risk may do so upon the approval of the plans and specifications of said proposed improvement by the Secretary of War and Chief of Engineers of the Army. The plan of said im- provement must conform with the general plan of the Government improvements, must not impede navigation, and no toll shall be imposed on account thereof, and said improvement shall at all times be under the control and supervision of the Secretary of War and Chief of Engi- neers. 389. Bridges, dams, and dikes. When, hereafter, authority is granted by Congress to Mar. 23, 1006. any persons to construct and maintain a bridge across or over any of the navigable waters of the United States, such bridge shall not be built or commenced until the plans and specifications for its construction, together with such drawings of the proposed construction and such map of the proposed location as may be required for a full understanding of the subject, have been submitted to the Secretary of War and Chief of Engineers for their approval, nor until they shall have approved such plans and specifications and the location of such bridge and accessory works; and when the plans for any bridge to be constructed under the provisions of this Act have been approved by the Chief of Engineers and by the Secretary of War it shall not be lawful to deviate from such plans, either before or after completion of the structure, unless the modification of such plans has previously been sub- mitted to and received the approval of the Chief of Engi- neers and of the Secretary of War. 401 402 NAVIGATION LAWS OF THE UNITED STATES. sec. 4. ]$ o bridge erected or maintained under the provisions of this Act shall at any time unreasonably obstruct the free navigation of the waters over which it is constructed, and if any bridge erected in accordance with the provi- sions of this Act shall, in the opinion of the Secretary of War, at any time unreasonably obstruct such navigation, either on account of insufficient height, width of span, or otherwise, or if there be difficulty in passing the draw opening or the draw span of such bridge by rafts, steam- boats, or other water craft, it shall be the duty of the Secretary of War, after giving the parties interested rea- sonable opportunity to be heard, to notify the persons owning or controlling such bridge to so alter the same as to render navigation through or under it reasonably free, easy, and unobstructed, stating in such notice the changes required to be made, and prescribing in each case a rea- sonable time in which to make such changes, and if at the end of the time so specified the changes so required have not been made, the persons owning or controlling such bridge shall be deemed guilty of a violation of this Act ; and all such alterations shall be made and all such obstructions shall be removed at the expense of the per- sons owning or operating said bridge. The persons own- ing or operating any such bridge shall maintain, at their own expense, such lights and other signals thereon as the Secretary of Commerce shall prescribe. If the bridge shall be constructed with a draw, then the draw shall be opened promptly by the persons owning or operating such bridge upon reasonable signal for the passage of boats and other water craft. If tolls shall be charged for the transit over any bridge constructed under the provi- sions of this Act, of engines, cars, street cars, wagons, carriages, vehicles, animals, foot passengers, or other pas- sengers, such tolls shall be reasonable and just, and the Secretary of War may, at any time, and from time to time, prescribe the reasonable rates of toll for such transit over such bridge, and the rates so prescribed shall be the legal rates and shall be the rates demanded and received for such transit. Sec. 9. Any persons who shall fail or refuse to comply with the lawful order of (he Secretary of War or the Chief of Fngineers. made in accordance with the provisions of this Act, shall be deemed guilty of a violation of this Act. and any persons who shall he guilty of a violation of this Act shall be deemed guilty of a misdemeanor and on conviction thereof shall he punished in any court of eom- Setent jurisdiction by a fine not exceeding five thousand ollars, and every month such persons shall remain in default shall he deemed a new oll'en-e and subject such persons to additional penalties therefor: and in addition to the penalties above described the Secretary of War and the ( 'liief of Engineers may, upon refusal of the per- sons owning or controlling any such bridge and accessory PART XXXVI. OBSTRUCTIONS TO NAVIGATION. 403 works to comply with any lawful order issued by the Secretary of War or Chief of Engineers in regard thereto, cause till' removal of such bridge and accessory works at the expense of the persons owning or controlling such bridge, and suit for such expense may be brought in the name of the United States against such persons, and recovery had for such expense in any court of competent jurisdiction; and the removal of any structures erected or maintained in violation of the provisions of this Act or the order or direction of the Secretary of War or Chief of Engineers made in pursuance thereof may be enforced by injunction, mandamus, or other summary process, upon application to the district court in the district in which such structure may. in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney-General of the United States at the request of the Secretary of War; and in case of any litigation arising from any obstruction or alleged obstruction to navigation created by the con- struction of any bridge under this Act, the cause or ques- tion arising may be tried before the district court of the United States in any district which any portion of such obstruction or bridge touches. When authority has been or may hereafter be granted }" |i, 1006. by Congress, either directly or indirectly or by any official or officials of the United States, to any persons, to con- struct and maintain a dam for water power or other pur- pose across or in any of the navigable waters of the United States, such dam shall not be built or commenced until the plans and specifications for such dam and all accessory works, together with such drawings of the pro- posed construction and such map of the proposed location as may be required for a full understanding of the sub- ject, have been submitted to the Secretary of War and the Chief of Engineers for their approval, nor until they shall have approved such plans and specifications and the location of such dam and accessory works ; and when the plans and specifications for any dam to be constructed under the provisions of this Act have been approved by the Chief of Engineers and by the Secretary of War it shall not be lawful to deviate from such plans or specifi- cations either before or after completion of the structure unless the modification of such plans or specifications has previously been submitted to and received the approval of the Chief of Engineers and of the Secretary of War : Provided, That in approving the plans, specifications, and location for any dam, such conditions and stipula- tions may be imposed as the Chief of Engineers and the Secretary of War may deem necessary to protect the pres- ent and future interests of the United States, which may include the condition that the persons constructing or 404 NAVIGATION LAWS OF THE UNITED STATES. maintaining such dam shall construct, maintain, and operate, without expense to the United States, in connec- tion with any dam and accessory or appurtenant works, a lock or locks, booms, sluices, or any other structure or structures which the Secretary of War and the Chief of Engineers or Congress at any time may deem necessary in the interests of navigation, in accordance with such plans as they may approve, and also that whenever Con- gress shall authorize the construction of a lock or other structures for navigation purposes in connection with such dam, the persons owning such dam shall convey to the United States, free of cost, title to such land as may be required for such constructions and approaches, and shall grant to the United States free water power or power generated from water power for building and operating such constructions: Provided further, That in acting upon said plans as aforesaid the Chief of Engineers and the Secretary of War shall consider the bearing of said structure upon a comprehensive plan for the improve- ment of the waterway over which it is to be constructed with a view to the promotion of its navigable quality and for the full development of water power ; and, as a part of the conditions and stipulations imposed by them, shall provide for improving and developing navigation, and fix such charge or charges for the privilege granted as may be sufficient to restore conditions with respect to navigability as existing at the time such privilege be granted or reimburse the United States for doing the same, and for such additional or further expense as may be incurred by the United States with reference to such project, including the cost of any investigations neces- sary for approval of plans and of such supervision of construction as may be necessary in the interests of the United States: Provided further, That the Chief of En- gineers and the Secretary of War are hereby authorized and directed to fix and collect just and proper charge or charges for the privilege granted to all dams authorized and constructed under the provisions of this Act which shall receive any direct benefit from the construction, op- eration, and maintenance by the United States of storage reservoirs at the headwaters of any navigable streams, or from the acquisition, holding, and maintenance of any forested watershed, or lands located l>y the United States at the headwaters of any navigable stream, wherever such shall be, for the development, improvement, or preserva- tion of navigation in such streams in which such dams may be constructed. sec. 2. 'The right is hereby reserved to the United States to construct, maintain, and operate, in connection with any dam built in accordance with the provisions of this Act, a suitable lock or locks, booms, -luices. or any other PAirr \\x\i. OBSTBUOTIONS TO NAVIGATION. 405 structures for navigation purposes, and at all times t<> control the said dam and the level of the pool caused by said dam to such an extent as may be necessary to provide, proper facilities for navigation. The persons constructing, maintaining, or operating ^ any dam or appurtenant or accessory works, in accord- ance with the provisions of this Act, shall be liable for any damage that may be inflicted thereby upon private property, either by overflow or otherwise. The persons owning or operating any such dam, or accessory works, subject to the provisions of this Act, shall maintain, at their own expense, such lights and other signals thereon and such tishways as the Secretary of Commerce shall prescribe, and for failure so to do in any respect shall be deemed guilty of a misdemeanor and subject to a line of not less than five hundred dollars, and each month of such failure shall constitute a separate offense and sub- ject such persons to additional penalties therefor. All rights acquired under this Act shall cease and be sec. 4. determined if the person, company, or corporation ac- quiring such rights shall, at any time, fail, after receiving reasonable notice thereof, to comply with any of the pro- visions and requirements of the Act, or with any of the stipulations and conditions that may be prescribed as aforesaid by the Chief of Engineers and the Secretary of War, including the payment into the Treasury of the Tnited States of the charges provided for bv section one of this Act: Provided, That Congress may revoke any rights conferred in pursuance of this Act whenever it is necessary for public use, and, in the event of any such revocation by Congress, the United States shall pay the owners of any dam and appurtenant works built under authority of this Act, as full compensation, the reasonable value thereof, exclusive of the value of the authority or franchise granted, such reasonable value to be determined by mutual agreement between the Secretary of War and the said owners, and in case they can not agree, then by proceedings instituted in the United States circuit court for the condemnation of such properties: And provided also, That the authority granted under or in pursuance of the provisions of this Act shall terminate at the end of a period not to exceed fifty years from the date of the original approval of the propect under this Act, unless sooner revoked as herein provided or Congress shall otherwise direct: Provided, however, That this limitation shall not apply to any corporation or individual hereto- fore authorized by the United States, or by any State, to construct a dam in or across a navigable waterway, upon which dam expenditures of money have heretofore been made in reliance upon such grant or grants. 406 Sec. 5. M:ir. : S.M-. il. NAVIGATION LAWS OF THE UNITED STATES. Any persons who shall fail or refuse to comply with the lawful order of the Secretary of War and the Chief of Engineers, made in accordance with the provisions of this Act, shall be deemed guilty of a violation of this Act, and any persons who shall be guilty of a violation of this Act shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not ex- ceeding five thousand dollars, and every month such per- sons shall remain in default shall be deemed a new offense and subject such persons to additional penalties therefor; and in addition to the penalties above described the Sec- retary of War and the Chief of Engineers may, upon refusal of the persons owning or controlling any such dam and accessory works to comply with any lawful order issued by the Secretary of War or Chief of Engi- neers in regard thereto, cause the removal of such dam and accessory works as an obstruction to navigation at the expense of the persons owning or controlling such dam, and suit for such expense may be brought in the name of the United States against such persons and re- covery had for such expense in any court of competent jurisdiction. Said provision as to recovery of expense shall not apply wherever the United States has been pre- viously reimbursed for such removal ; and the removal of any structures erected or maintained in violation of the I >ro visions of this Act or the order or direction of the Secretary of War or the Chief of Engineers made in pur- suance thereof may be enforced by injunction, manda- mus, or other summary process, upon application to the circuit court in the district in which such structure may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney- General of the United States at the request of the Chief of Kngineers or the Secretary of War; and in case of any litigation arising from any obstruction or alleged obstruction to navigation created by the construction of any dam under this Act the cause or question arising may be tried before the circuit court of the United States in any district in which any portion of said obstruction or dam touches. It shall not be lawful to construct or commence the con- struction of any bridge, dam, dike, or causeway over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for the same shall have been submitted to and approved by the Chief of Knginccrs and by the Secretary of Wai': rrorided, That such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the PART XXXVI. OBSTRUCTIONS TO NAVIGATION. 407 limits of a single State, provided the location and plans thereof are submitted to and approved by the Chief of Kngineers and by the Secretary of War before const ruc- tion is commenced : And provided further, That when plans for any bridge or other structure have been ap- proved by the Chief of Engineers and by the Secretary of War. it shall not be lawful to deviate from such plans either before or after completion of the structure unless the modification of said plans has previously been sub- mitted to and received the approval of the Chief of Engi- neers and of the Secretary of War. 390. General obstructions. The creation of any obstruction not affirmatively au- Mar. 3, isoo. thorized by Congress, to the navigable capacity of any of Sec - 10 - the waters of the United States is hereby prohibited; and it shall not be lawful to build or commence the build- ing of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and au- thorized by the Secretary of War; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same. 391. Harbor lines. Where it is made manifest to the Secretary of War that Mar. 3, isoo the establishment of harbor lines is essential to the pres- Sec - n - ervation and protection of harbors he may, and is hereby, authorized to cause such lines to be established, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made, except under such regula- tions as may be prescribed from time to time by him : Provided, That whenever the Secretary of War grants to any person or persons permission to extend piers, wharves, bulkheads, or other works, or to make deposits in any tidal harbbr or river of the United States beyond any harbor lines established under authority of the United States, he shall cause to be ascertained the amount of tide water displaced by any such structure or by any such de- posits, and he shall, if he deem it necessary, require the parties to whom the permission is given to make com- pensation for such displacement either by excavating in some part of the harbor, including tide-water channels between high smd low water mark, to such an extent as to 408 NAVIGATION LAWS OF THE UNITED STATES. Mar. 3. 1800. S.M-. lli. Mar. 3, 1800. Bee. i::. create a basin for as much tide water as may be displaced by such structure or by such deposits, or in any other mode that may be satisfactory to him: Provided, That all such dredging or other improvement shall be carried on under the direction of the Secretary of War, and shall in no wise injure any existing channels. 392. Penalties. Every person and every corporation that shall violate any of the provisions of sections nine, ten, and eleven of this Act, or any rule or regulation made by the Secretary of War in pursuance of the provisions of the said section fourteen, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court. And further, the removal of any structures or parts of structures erected in violation of the provisions of the said sections may be enforced by the injunction of any district court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney- General of the United States. The continuance of any such obstruction, except bridges, piers, docks and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall constitute offense and each week's continuance of anv such an obstruction shall be deemed a separate offense. 393. Dumping into navigable waters. It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown,, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, man- ufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navig- able water: and it shall not be lawful to deposit, or cause, sull'er, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the hank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or Hoods, or otherwise, whereby naviirat ion shall or may be impede-d or obstructed: Pruf'nIcr<>vided further, That the Secretary of War, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to he defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material ; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful. The Secretary of War is hereby aiithori/ed and empow- Jjj 1 . 1 *^ 3 - 1905 - ered to prescribe regulations to govern the transportation and dumping into any navigable water, or waters ad- jacent thereto, of dredgings, earth, garbage, and other refuse materials of every kind or description, whenever in his judgment such regulations are required in the interest of navigation. Such regulations shall be posted in con- spicuous and appropriate places for the information of the public; and every person or corporation which shall violate the said regulations, or any of them, shall be deemed guilty of a misdemeanor and shall be subject to the penalties prescribed in section sixteen of the river and harbor Act of March third, eighteen hundred and ninety- nine, for violation of the provisions of section thirteen of the said Act: Provided, That any regulations made in pursuance hereof may be enforced as provided in section seventeen of the aforesaid Act of March third, eighteen hundred and ninety-nine, the provisions whereof are hereby made applicable to the said regulations: Pro- vided further, That this section shall not apply to any waters within the jurisdictional boundaries of any State which are now or may hereafter be used for the cultiva- tion of oysters under the laws of such State, except navi- gable channels which have been or may hereafter be improveded by the United States, or to be designated as navigable channels by competent authority, and in mak- ing such improvements of channels, the material dredged shall not be deposited upon any ground in use in accord- ance with the laws of such State for the cultivation of oysters, except in compliance with said laws: And pro- vided further, That any expense necessary in executing this section may be paid from funds available for the improvement of the harbor or waterway, for which regu- lations may be prescribed, and in case no such funds are available the said expense may be paid from appropria- tions made by Congress for examinations, surveys, and contingencies of rivers and harbors. It shall not be lawful to throw, discharge, dump, or June 23, 1910. deposit, or cause, suffer, or procure, to be thrown, dis- charged, dumped, or deposited, any refuse matter of any 410 NAVIGATION LAWS OF THE UNITED STATES. kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into Lake Michigan, at any point opposite or in front of the county of Cook, in the State of Illinois, or the county of Lake in the State of Indiana, within eight miles from the shore of said lake, unless said material shall be placed inside of a breakwater so arranged as not to permit the escape of such refuse material into the body of the lake and cause contamination thereof; and no officer of the Government shall dump or cause or author- ize to be dumped any material contrary to the provisions of this Act: Provided, however, That the provisions of this Act shall not apply to work in connection with the construction, repair, and protection of breakwaters and other structures built in aid of navigation, or for the purpose of obtaining water supply. Any person violat- ing any provision of this Act shall be guilty of a mis- demeanor, and on conviction thereof shall be fined for each offense not exceeding one thousand dollars. 394. Impairing public works. seo r 'i4' 18 "" ^ shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preserva- tion and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, sur- veying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such- works: /Vo/vV/W, That the Sec- retary of War may, on the recommendation of the Child' of Engineers, grant permission for the temporary occu- pation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest. 395. Obstructing channels. s,!, : . ir 'n' 1S!) ' It shall not be lawful to tie up or anchor vessels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft : or to voluntarily or carelessly sink, or permit or cause to be sunk, vessels or other craft in naviirahle channels: or to float loose timber and loirs, or to float what is known as sack' rafts of timber and logs in streams or channels actu- ally navigated by steamboats in such manner as to ob- struct, impede, or endanger navigation. And whenever a vessel, raft, or other craft is wrecked and sunk in a na\ i- 1'AIIT XXXVI. OBSTRUCTIONS TO NAVIGATION. 411 gable channel, accidentally or otherwise, it shall be the duly of the owner of such sunken craft to immediately mark it with a buoy or beacon during the day and a lighted lantern at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner so to do shall he unlawful; and it shall be the duty of the owner of such sunken craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure to do so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as hereinafter provided for. 396. Log regulations. The prohibition contained in section fifteen of the river May 9, 1900. and harbor Act, approved March third, eighteen hundred pud ninety-nine, against floating loose timber and logs, or sack rafts, so-called, of timber and logs in streams or channels actually navigated by steamboats, shall not ap- ply to any navigable river or waterway of the United States or any part thereof whereon the floating of loose timber and logs and sack rafts of timber and logs is the principal method of navigation. But such method of navigation on such river or waterway or part thereof shall be subject to the rules and regulations prescribed by the Secretary of War as hereinafter provided. The Secretary of War shall have power, and he is Sec. 2. hereby authorized and directed, within the shortest prac- ticable time after the passage hereof, to prescribe rules and regulations, which he may at any time modify, to govern and regulate the floating of loose timber and logs, and sack rafts, (so called) of timber and logs and other methods of navigation on the streams and waterways, or any thereof, of the character, as to navigation, in section one hereof described. The said rules and regulations shall be so framed as to equitably adjust conflicting interests be- tween the different methods or forms of navigation; and the said rules and regulations shall be published at least once in such newspaper or newspapers of general circu- lation as in the opinion of the Secretary of War shall be best adapted to give notice of said rules and regulations to persons ail'ected thereby and locally interested therein. And all modifications of said rules and regulations shall be similarly published. And such rules and regulations when >o prescribed and published as to any such stream or waterway shall have the force of law, and any viola- tion thereof shall be a misdemeanor, and every person convicted of such violation shall be punished by a fine of not exceeding two thousand five hundred dollars nor less than five hundred dollars, or by imprisonment (in case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this section may be 412 NAVIGATION LAWS OF THE UNITED STATES. commenced before any commissioner, judge, or court of the United States, and such commissioner, judge or court shall proceed in respect thereto as authorized by law in the case of crimes or misdemeanors committed against the United States. Sec - 3 - The right to alter, amend, or repeal this Act at any time is hereby reserved. Sec - 4 - This Act shall not, nor shall any rules or regulations prescribed thereunder, in any manner affect any civil action or actions heretofore commenced and now pending to recover damages claimed to have been sustained by reason of the violation of any of the terms of said section fifteen, as originally enacted, or in violation of any other law. 397. Penalties. Mar. 3, isoo. Every person and every corporation that shall violate, or that shall knowingly aid. abet, authorize, or instigate a violation of the provisions of sections thirteen, fourteen, and fifteen of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) for not less than thirty days. nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction. And any and every master, pilot, and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or ves- sel loaded with any material specified in section thirteen of this Act to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of War, or who shall willfully injure or destroy any work of the United States contemplated in section fourteen of this Act, or who shall willfully obstruct the channel of any waterway in the manner contemplated in section fifteen of this Act. shall he deemed guilty of a violation of this Act. and shall upon conviction he punished as hereinbe- fore provided in this section, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. And any boat, I. scow, raft, or other craft used or employed in vio- lating any of the provisions of sections thirteen, fourteen, and fifteen of this Act shall be liable for the pecuniary penalties specified in this section, and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other era ft, which latter sum shall be placed to the credit of the appropriation for the improvement of the harbor or waterway in which the damaire occurred, and said boat, vessel, scow, raft, or other craft may be PART XXXVI. OBSTRUCTIONS TO NAVIGATION. 413 proceeded against sunini:irily l>y way of libel in any dis- trict court of the United States having jurisdiction thereof. The Department of Justice shall conduct the legal pro- Mar. 3, 1899. ceedings necessary to enforce the foregoing provisions of sec-. IT. sections nine to sixteen, inclusive, of this Act ; and it shall be the duty of district attorneys of the United States to vigorously prosecute all offenders against the same when- ever requested to do so by the Secretary of War or by any of the officials hereinafter designated, :md it shall further- more be the duty of said district attorneys to report to the Attorney-! ieneral of the United States the action taken by him against oll'enders so reported, and a tran- script of such reports shall be transmitted to the Secre- tary of War by the Attorney-( Jeneral ; and for the better enforcement of the said provisions and to facilitate the detection and bringing to punishment of such offenders, the officers and agents of the United States in charge of river and harbor improvements, and the assistant engi- neers and inspectors employed under them by authority of the Secretary of War, and the United States collectors of customs and other revenue officers, shall have power and authority to swear put process and to arrest and take into custody, with or without process, any person or per- sons who may commit any of the acts or offenses pro- hibited by the aforesaid sections of this Act, or who may violate any of the provisions of the same : Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the afore- said officials: And provided further, That whenever any arrest is made under the provisions of this Act, the person so arrested shall be brought forthwith before a commis- sioner, judge, or court of the United States for examina- tion of the offenses alleged against him; and such com- missioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. 398. Bridge spans. Whenever the Secretary of War shall have good reason '^ 1899> to believe that any railroad or other bridge now con- structed, or which may hereafter be constructed, over any of the navigable waterways of the United States is an unreasonable obstruction to the free navigation of such waters on account of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw opening or the draw span of such bridge by rafts. steam- boats, or other water craft, it shall be the duty of the said Secretary, first giving the parties reasonable opportunity to be heard, to give notice to the persons or corporations owning or controlling such bridge so to alter the same as to render navigation through or under it reasonably free, easy, and unobstructed : and in giving such notice he shall specify the changes recommended by the Chief of Engi- neers that are required to be made, and shall prescribe in 414 NAVIGATION LAWS OF THE UNITED STATES. each case a reasonable time in which to make them. If at the end of such time the alteration has not been made, the Secretary of War shall forthwith notify the United States district attorney for the district in which such bridge is situated, to the end that the criminal proceed- ings hereinafter mentioned may be taken. If the persons, corporation, or association owning or controlling any railroad or other bridge shall, after receiving notice to that effect, as hereinbefore required, from the Secretary of War, and within the time prescribed by him willfully fail or refuse to remove the same or to comply with the lawful order of the Secretary of War in the premises, such persons, corporation, or association shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, and every month such persons, corporation, or association shall remain in default in respect to the removal or alter- ation of such bridge shall be deemed a new offense, and subject the persons, corporation, or association so offend- ing to the penalties above prescribed: Prorided, That in any case arising under the provisions of this section an appeal or writ of error may be taken from the district courts or from the existing district courts direct to the Supreme Court either by the United States or by the defendants. 399. Bridge piers and abutments. s ( '.! u - 11 ' 1888 ' Whenever complaint shall be made by the Secretary of War that by reason of the placing in any navigable waters of the United States of any bridge pier or abut- ment, the current of such waters has been so deflected from its natural course as to cause by producing caving of banks or otherwise serious damage or danger to prop- erty, it shall be his duty to make inquiry, and if it shall be ascertained that the complaint is well founded, he shall cause the owners or persons operating such bridge to re- pair such damage or prevent such danger to property by such means as he shall indicate and Avithin such time as he may name, and in default thereof the owners or per- sons operating such bridge shall he liable in any court of competent jurisdiction to the pel-sons injured in a sum double the amount of said injury. 400. Drawbridges. s,'! L \ ls> Is;i1 ' It ^luill 1 |(> the duty of all persons owning, operating, and tending the drawbridge now built, or which may hereafter he built across the navigable rivers and other waters of the United States, to open, or cause to be opened, the draws of such bridges under such rule- and regula- tions as in the opinion of the Secretary of Wai 1 the public interests require to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulation-, when so made and published, shall PART XXXVI. OBSTRUCTIONS TO NAVIGATION. 415 have tlio force of law. Every such person who shall will- fully fail or refuse to open, or cause to he opened, the draw of any such bridge for (he passage of a boat or lioats, or wlio shall unreasonahly delay the opening of said draw after reasonahle signal shall have heen given, as provided in such regulations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall he pun- ished l>y a line of not more than two thousand dollars nor less than one thousand dollars, or by imprisonment (in the case of a natural person) for not exceeding one year, or by both such fine and imprisonment, in the discretion of the court : Proriilcd* That the proper action to enforce the provisions of this section may be commenced before any commissioner, judge, or court of the United States, and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States : Provided further, That when- ever, in the opinion of the Secretary of War, the public interests require it, he may make rules and regulations to govern the opening of drawbridges for the passage of ves- sels and other water crafts, and such rules and regula- tions, when so made and published, shall have the force of law, and any violation thereof shall be punished as hereinbefore provided. [See Act of June 13 ,1902, sec. 6, J^V 3 ' 19 2 ' on p. 417.] 401. Sunken wrecks. Whenever the navigation of any river, lake, harbor, * c r .'w. 18 "' sound, bay, canal, or other navigable waters of the United States shall be obstructed or endangered by any sunken vessel, boat, water craft, raft, or other similar obstruction, and such obstruction has existed for a longer period than thirty days, or whenever the abandonment of such ob- struction can be legally established in a less space of time, the sunken vessel, boat, water craft, raft, or other obstruc- tion shall be subject to be broken up, removed, sold, or otherwise disposed of by the Secretary of War at his dis- cretion, without liability for any damage to the owners of the same : Provided, That in his discretion, the Secretary of War may cause reasonable notice of such obstruction of not less than thirty days, unless the legal abandonment of the obstruction can be established in a less time, to be given by publication, addressed " To whom it may con- cern," in a newspaper published nearest to the locality of the obstruction, requiring the removal thereof: And pro- rided also, That the Secretary of War may, in his dis- cretion, at or after the time of giving such notice, cause sealed proposals to be solicited by public advertisement, giving reasonable notice of not less than ten days, for the removal of such obstruction as soon as possible after the expiration of the above specified thirty days' notice, in case it has not in the meantime been so removed, these 92075 s 416 NAVIGATION LAWS OF THE UNITED STATES. proposals and contracts, at his discretion, to be condi- tioned that such vessel, boat, water craft, raft, or other obstruction, and all cargo and property contained therein, shall become the property of the contractor, and the con- tract shall be awarded to the bidder making the proposi- tion most advantageous to the United States: Provided, That such bidder shall give satisfactory security to exe- cute the work: Provided further, That any money re- ceived from the sale of any such wreck, or from any con- tractor for the removal of wrecks, under this paragraph shall be covered into the Treasury of the United States. Mar. 3, 1899. Under emergency, in the case of any vessel, boat, water sec. 20. craft, or raft, or other similar obstruction, sinking or grounding, or being unnecessarily delayed in any Govern- ment canal or lock, or in any navigable waters mentioned in section nineteen, in such manner as to stop, seriously interfere with or specially endanger navigation, in the opinion of the Secretary of War, or any agent of the United States to whom the Secretary may delegate proper authority, the Secretary of War or any such agent shall have the right to take immediate possession of such boat, vessel, or other water craft, or raft, so far as to remove or to destroy it and to clear immediately the canal, lock, or navigable waters aforesaid of the obstruction thereby caused, using his best judgment to prevent any unneces- sary injury; and no one shall interfere with or prevent such removal or destruction: Provided, That the officer or agent charged with the removal or destruction of an obstruction under this section may in his discretion give notice in writing to the owners of any such obstruction requiring them to remove it : And provided further* That the expense of removing any such obstruction as afore- said shall be a charge against such craft and cargo: and if the owners thereof fail or refuse to reimburse the United States for such expense within thirty days after notification, then the officer or agent aforesaid may sell the craft or cargo, or any part thereof that may not have been destroyed in removal, and the proceeds of such sale shall lie covered into the Treasury of the United States. Such sum of money as may be necessary to execute this section and the preceding section of this Act is hereby appropriated out of any money in the Treasury not other- wise appropriated, to he paid out on the requisition of the Secretary of War. Mar. 3,1899. All laws or parts of laws inconsistent with the fore- sec. 20. going sections ten to twenty, inclusive, of this Act are hereby repealed: Provided, r \\\\\t no action begun, or right of action accrued, prior to the passage of this Act shall be June 13, 1902. affected by this repeal. Prvwded farther, That nothing contained in the said foregoing sect ions shall be construed as repealing, modifying, or in any manner affecting the provisions of an Act of Congress approved June twenty- PANT xxxvi.- or.sTuivnoNS TO NAVIGATION. 417 ninth, eighteen hundred and eighty-eight, entitled "An Act to prevent obstructive and injurious deposits within the harbor and adjac-ent waters of \e\v York City, hy dumping or otherwise, ;ind to punish and prevent such offense-." as amended by section three of the river and harbor Act of August eighteenth, eighteen hundred and ninety-four. 402. Speed of vessels; navigation of canals. It shall be the duty of the Secretary of War to pre- Anpr. is, !*.. scribe such rules and regulations for the use, administra- fSSeSs, 1902. tion, and navigation of any or all canals and similar Bec.ll. works of navigation that now are, or that hereafter may be, owned, operated, or maintained by the United States as in his judgment the public necessity may require; and he is also authorized to prescribe regulations to govern the speed and movement of vessels and other water craft in any public navigable channel which has been improved under authority of Congress, whenever, in his judgment, such regulations are necessary to protect such improved channels from injury, or to prevent interference with the operations of the United States in improving navig- able waters or injury to any plant that may be employed in such operations. Such rules and regulations shall be posted, in conspicuous and appropriate places, for the information of the public; and every person and every corporation which shall violate such rules and regulations shall be deemed guilty of a misdemeanor and, on convic- tion thereof in any district court of the United States within whose territorial jurisdiction such offense may have been committed, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion of the court. Any regulations heretofore or hereafter prescribed by June is, 1902. the Secretary of War in pursuance of the fourth and Scc- 6 ' fifth sections of the river and harbor Act of August eighteenth, eighteen hundred and ninet}^-four, and any regulations hereafter prescribed in pursuance of the aforesaid section four as amended by section eleven of this Act, may be enforced as provided in section seven- teen of the river and harbor Act of March third, eighteen hundred and ninety-nine, the provisions whereof are hereby made applicable to the said regulations. 403. Potomac River. It shall be unlawful for any owner or occupant of any May 19, 1896. wharf or dock, any master or capfltain of any vessel, or any person or persons to cast, throw, drop, or deposit any bal- last, dirt, oyster shells, or ashes in the water in any part of the Potomac River or its tributaries in the District of Columbia, or on the shores of said river below high-water mark, unless for the purpose of making a wharf, after 418 NAVIGATION LAWS OF THE UNITED STATES. Sec. 2. Sec. 3. Sec. 4. permission has been obtained from the Commissioners of the District of Columbia for that purpose, which wharf shall be sufficiently enclosed and secured so as to prevent injury to navigation. It shall be unlawful for any owner or occupant of any wharf or dock, any captain or master of any vessel, or any other person or persons to cast, throw, deposit, or drop in any dock or in the waters of the Potomac River or its tributaries in the District of Columbia any dead fish, fish oflal, dead animals of any kind, condemned oysters in the shell, watermelons, cantaloupes, vegetables, 'fruits, shav- ings, hay, straw, ice, snow, filth, or trash of any kind whatsoever. Any person or persons violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof in the police court of the District of Columbia shall be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding six months, or by both such punishments, in the discretion of the court. Nothing in this Act contained shall be construed to interfere with the work of improvement in or along the said river and harbor, under the supervision of the United States Government. 404. Mississippi River passes. lee's 3 ' 19 9 " ^e S ecretar 7 of War be, and is hereby, authorized to make such rules and regulations for the navigation of the South and Southwest passes of the Mississippi River as to him shall seem necessary or expedient for the pur- pose of preventing any obstruction to the channels through said South and Southwest passes and any injury to the works therein constructed. The term " South and South- west passes," as herein employed, shall be construed as embracing the entire extent of channel, in each case, be- tween the upper ends of the works at the head of the pass and the outer or sea ends of the jetties at the entrance from the Gulf of Mexico; and any willful violation of any rule or regulation made by the Secretary of War in pursuance of this Act shall be deemed a misdemeanor, for which the owner or owners, agent or agents, master or pilot of the vessel so offending shall be separately or collectively responsible, and on conviction thereof shall he punished by a line of not less than one hundred dollars, nor exceeding five hundred dollars, or by imprisonment for not exceed ing three months, or by both fine and im- prisonment, at the discretion of the court. PART XXXVII. NKW YORK HARBOR. 405. New York Harbor. It shall be imlaw ful for any person or persons to engage ^lf*2? 8 ' 18 4 ' in fishing or dredging for shell fish in any of the channels leading to and from the harbor of New York, or to inter- fere in any way with the safe navigation of those chan- nels by ocean steamships and ships of deep draft. Any person or persons violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine or impris- onment, or both, such fine to be not more than two hun- dred and fifty dollars nor less than fifty dollars, and the imprisonment to be not more than six months nor less than thirty days, either or both united, as the judge be- fore whom conviction is obtained shall decide. It shall be the duty of the United States Supervisor of the harbor to enforce this act, and the deputy inspectors of the said supervisor shall have authority to arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this Act : Provided, That no person shall be arrested without process for any offense not committed in the pres- ence of the supervisor or his inspector or deputy inspec- tors, or either of them : And further provided, That when- ever any such arrest is made the person or persons so arrested shall be brought forthwith before a commis- sioner, judge, or court of the United States for examina- tion of the offenses alleged against him ; and such com- missioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. The placing, discharging, or depositing, by any process June 29, isss. or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the tidal waters of the harbor of New York, or its adjacent or tributary waters, or in those of Long Island Sound, within the limits which shall be prescribed by the supervisor of the harbor, is hereby strictily forbidden. And every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine 419 420 NAVIGATION LAWS OF THE UNITED STATES. or imprisonment, or both, such fine to be not less than two hundred and fifty dollars nor more than two thousand five hundred dollars, and the imprisonment to be not less than thirty days nor more than one year, either or both united, as the judge before whom conviction is obtained shall decide, one half of said fine to be paid to the person or persons giving information which shall lead to convic- tion of this misdemeanor. Sec. 2. Any and every master and engineer or person or per- sons acting in such capacity, respectively, on board of any boat or vessel, who shall knowingly engage in towing any scow, boat, or vessel loaded with any such prohibited matter to any point or place of deposit, or discharge in the waters of the harbor of New York, or in its adjacent, or tributary waters, or in those of Long Island Sound, or to any point or place elsewhere than within the limits defined and permitted by the supervisor of the harbor hereinafter mentioned, shall be deemed guilty of a- viola- tion of this act, and shall, upon conviction, be punishable as hereinbefore provided for offenses in violation of sec- tion one of this act, and shall also have his license re- voked or suspended for a term to be fixed by the judge before whom tried and convicted. sec. 3. In all cases of receiving on board of any scows or boats Secf 3. 8 ' ' such forbidden matter or substance as herein described, the ow^ner or master, or person acting in such capacity on btfard of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed hereunder a permit defining the precise limits within which the discharge of such scows or boats may be made ; and it shall not be lawful for the owner or master, or per- son acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit shall have been obtained; and every person violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one thousand nor less than five hundred dollars, and in addition thereto the master of any tug or towboat so offending shall have his license revoked, or suspended for a term to be fixed by the judge before whom tried and convicted. And any deviation from such dumping or discharging place specified in such permit shall be a mis- demeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or discharirinr such forbidden matter in any place other than that specified in such peimit shall be liable to pun- ishment therefor as provided in section one of the said Act of June twenty-ninth, eighteen hundred and eighty- eiirht : and the owner and master, or person acting in the capacity of master, of any tug or towboat towinir such scows or boats shall be liable to equal punishment with PART XXXVII. NEW YORK HARBOR. 421 the owner and master, or person acting in the capacity of master, of the scows or boats; and, further, every scow- man or other employee on board of both scows and tow- boats shall be deemed to have knowledge of the place of dumping specified in such permit, and the owners and masters, or persons acting in the capacity of masi shall be liable to punishment, as aforesaid, for any unlaw- ful dumping, within the meaning of this Act or of the said Act or June twenty-ninth, eighteen hundred and eighty-eight, which may be caused by the negligence or ignorance of such scowman or other employee; and, fur- ther, neither defect in machinery nor avoidable accidents to scows or towboats, nor unfavorable weather, nor im- proper handling or moving of scows or boats of any kind whatsoever, shall operate to release the owners and mas- ters and employees of scows and towboats from the pen- alties hereinbefore mentioned. Every scow or boat en- gaged in the transportation of dredgings, earth, sand, mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and owner's name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat; these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked shall be used to transport or dump any such material. Kach such scow or boat shall be equipped at all times May 28, 1908. with a life line or rope extending at least the length of Sec> 8 - and three feet above the deck thereof, such rope to be attached to the coaming thereof, also with a life-preserver and a life buoy for each person on board thereof, also with anchor to weigh not less than two hundred and seventy-five pounds, and at least one hundred feet of cable attached thereto ; a list of the names of all men employed on any such scow or boat shall be kept by the owner or master thereof and the said list shall be open to the in- spection of all parties. Failure to comply with any of the foregoing provisions shall render the owner of such scow or boat liable upon conviction thereof to a penalty of not more than five hundred dollars. The requirements in regard to life line or rope shall Feb. 16, 1009. not apply to any scow or boat the deck outside the coam- ing or rail of which shall not exceed one foot in width. On any such scow or boat its name or number and owner's name painted in letters and numbers, at least fourteen inches long on both ends of such scow or boat, shall be a compliance with the provisions of the said section in re- gard to name, number, and owner's name. The supervisor of the harbor of New York, designated as provided in section five of the said Act of June twenty- ninth, eighteen hundred and eighty-eight, is authorized and directed to appoint inspectors and deputy inspectors, and, for the purpose of enforcing the provisions of this Act and of the Act aforesaid, and of detecting and bringing 422 NAVIGATION LAWS OF THE UNITED STATES. s 28 ' 19 8 ' to punishment offenders against the same, the said super- visor of the harbor, and the inspectors and deputy in- spectors so appointed by him, shall have power and authority : First. To arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this section and by the Act of June twenty-ninth, eighteen hundred and eighty- eight, aforesaid, or who may violate any of the provisions of the same : Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspectors or deputy inspectors, or either of them : And provided further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a commis- sioner, judge, or court of the United States for examina- tion of the offenses alleged against him; aid such com- missioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. Second. To go on board of any scow or towboat en- gaged in unlawful dumping of prohibited material, or in moving the same without a permit as required in this section of this Act, or otherwise violating ai y of the provisions of this section of this Act, and to seize and n ld SR id boats until they are discharged by action of the commissioner, judge, or court of the United States before w T hom the offending persons are brought. Third. To arrest and take into custody any witness or witnesses to such unlawful dumping of prohibitive mate- rial, the said witnesses to be released under proper bonds. Fourth. To go on board of any towboat having in tow scows or boats loaded with such prohibited material, and accompany the same to the place of dumping, whenever such action appears to be necessary to secure compliance with the requirements of this Act and of the Act afore- said. Fifth. To enter gas and oil works and all other manu- facturing works for the purpose of discovering the dispo- sition made of sludge, acid, or other injurious material, whenever there is good reason to believe that such slud 1908 * of this section of this Act which may not be taken up by an inspector or deputy inspector shall he returned within four days after issuance to the oiliee of the super- visor of the harbor ; such permit shall hear an endorsement by the master of the towhoat, or the person acting in such capacity, stilting whether the permit has been used, and if so the time and place of dumping. Any person violating the provisions of this section shall be liable to a fine of not more than live hundred dollars nor less than one hun- dred dollars. All mud, dirt, sand, dredgings, and material of every J" e 4 29 kind and description whatever taken, dredged, or exca*- \ ated from any slip, basin, or shoal in the harbor of New York, or the waters adjacent or tributary thereto, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of the harbor of New Y^ork to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in the third section of this act prescribed, and not other- wise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be re- sponsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the har- bor ; and for every violation of the provisions of this sec- tion the person offending shall be guilty of an offense against this act, and shall be punished by a fine equal to the sum of five dollars for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section. Any boat or vessel used or employed in violating any provision of this act, shall be liable to the pecuniary penalties imposed thereby, and may be proceeded against, summarily by way of libel in any district court of the United States, having jurisdic- tion thereof. A line officer of the Navy shall be designated by the Sec -5. President of the United States as supervisor of the har- bor, to act under the direction of the Secretary of War in enforcing the provisions of this act, and in detecting offenders against the same. This officer shall receive the sea-pay of his grade, and shall have personal charge and supervision under the Secretary of War, and shall direct the patrol boats and other means to detect and bring to punishment offenders against the provisions of this act. PART XXXVIII. RADIO COMMUNICATION. 4O6. Wireless ship act. Enforcement of wireless-commu- nication laws, treaties, and conventions. 408. Regulation of radio communica- tion. 406. Wireless ship act. juTy e 23,' 1912! From and after October first, nineteen hundred and 'twelve, it shall be unlawful for any steamer of the United States or of any foreign country navigating the ocean or the Great Lakes and licensed to carry, or carry- ing, fifty or more persons, including passengers or crew or both, to leave or attempt to leave any port of the United States unless such steamer shall be equipped with an efficient apparatus for radio communication, in good working order, capable of transmitting and receiving messages over a distance of at least one hundred miles, day or night. An auxiliary power supply, independent of the vessel's main electric power plant, must be pro- vided which will enable the sending set for at least four hours to send messages over a distance of at least one hundred miles, day or night, and efficient communication between the operator in the radio room and the bridge shall be maintained at all times. The radio equipment must be in charge of two or more persons skilled in the use of such apparatus, one or the other of whom shall be on duty at all times while the vessel is being navigated. Such equipment, operators, the regulation of their watches, and the transmission and receipt of messages, except as may be regulated by law or international agreement, shall be under the control of the master, in the case of a vessel of the United States; and every willful failure on the part of the master to en- force at sea the provisions of this paragraph as to equip- ment, operators, and watches shall subject him to a penalty of one hundred dollars. July 2:5, ini2. The provisions of this section shall not apply to steam- ers plying between ports, or places, less than two hundred miles apart. This Act, so far as it relates to the Great Lakes, shall take effect on and after April first, nineteen hundred and thirteen, and so far as it relates to ocean cargo steamers shall take effect on and after July first, nineteen hundred and thirteen: /'/"/"/W, That on cargo steamers, in lieu of the second operator provided for in this Act. there may be substituted a member of the crew or other person who 424 Sec. 2. PART XXXVIII. RADIO COMMUNIi A I K )N . 425 shall bo duly certified and entered in the ship's loir as competent to receive and understand distress calls or other usual calls indicating danger, and to aid in main- taining a constant wireless watch so far as required for the safety of life. For the purpose of this Act apparatus for radio-corn- June 24. 1910. inimical ion shall not he deemed to he efficient unless the company installing it shall contract in writing to ex- change, and shall, in fact, exchange, as far as may be physically practicable, to be determined by the master of the vessel, messages with shore or ship stations using other systems of radio-communication. The master or other person being in charge of any sec. 3. such vessel which leaves or attempts to leave any port of the United States in violation of any of the provisions of this Act shall, upon conviction, be fined in a sum not more than five thousand dollars, and any such fine shall be a lien upon such vessel, and such vessel may be libeled therefor in any district court of the United States within the jurisdiction of which such vessel shall arrive or depart, and the leaving or attempting to leave each and every port of the United States shall constitute a separate offense. The Secretary of Commerce shall make such regula- * ec - 4 - tions as may be necessary to secure the proper" execution of this Act by collectors of customs and other officers of the Government. 407. Enforcement of wireless-communication laws, treaties, and conventions. To enable the Secretary of Commerce to enforce the Mlir - 4 - 1915 - Acts of Congress " to require apparatus and operators for radio communication on certain ocean steamers " and " to regulate radio communication " and carry out the inter- national radio telegraphic convention, and to employ such persons and means as may be necessary, this employment to include salaries of employees in Washington not exceed- ing $7,150, traveling and subsistence expenses, purchase and exchange of instruments, technical books, rent, and all other miscellaneous items and necessary expenses not included in the foregoing, $45,000. 408. Regulation of radio communication. A person, company, or corporation within the jurisdie- Aug - 13 1912< tion of the United States shall not use or operate any apparatus for radio communication as a means of com- mercial intercourse among the several States, or with foreign nations, or upon any vessel of the United States engaged in interstate or foreign commerce, or for the transmission of radiograms or signals the effect of which extends beyond the jurisdiction of the State or Territory in which the same are made, or where interference would be caused thereby with the receipt of messages or signals 426 NAVIGATION LAWS OF THE UNITED STATES. from beyond the jurisdiction of the said State or Terri- tory, except under and in accordance with a license, rev- ocable for cause, in that behalf granted by the Secretary of Commerce upon application therefor ; but nothing in this Act shall be construed to apply to the transmission and exchange of radiograms or signals between points situated in the same State: Provided, That the effect thereof shall not extend beyond the jurisdiction of the said State or interfere with the reception of radiograms or signals from beyond said jurisdiction; and a license shall not be required for the transmission or exchange of radiograms or signals by or on behalf of the Govern- ment of the United States, but every Government station on land or sea shall have special call letters designated and published in the list of radio stations of the United States by the Department of Commerce. Any person, company, or corporation that shall use or operate any apparatus for radio communication in violation of this section, or knowingly aid or abet another person, com- pany, or corporation in so doing, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be pun- ished by a fine not exceeding five hundred dollars, and the apparatus or device so unlawfully used and operated may be adjudged forfeited to the United States, sec. 2. Every such license shall be in such form as the Secre- tary of Commerce shall determine and shall contain the restrictions, pursuant to this Act, on and subject to which the license is granted; that every such license shall be is- sued only to citizens of the United States or Porto Rico or to a company incorporated under the laws of some State or Territory or of the United States or Porto Rico, and shall specify the ownership and location of the sta- tion in which said apparatus shall be used and other par- ticulars for its identification and to enable its range to be estimated; shall state the purpose of the station, and. in case of a station in actual operation at the date of passage of this Act, shall contain the statement that satis- factory proof has been furnished that it was actually operating on the above-mentioned date; shall state the wave length or the wave lengths authorized for use by the station for the prevention of interference and the hours for which the station is licensed for work; and shall not be construed (o authorize the use of any appa- ratus for radio communication in any other station than that specified. Kvery such license shall be subject to the regulations contained herein, and such regulations as may be established from time to time by authority of this Act or subsequent Acts and treaties of the I'liiled States. Every such license shall provide that the President of the United States in time of war or public peril or disaster may cause the closing of any station for radio communica- tion and the removal therefrom of all radio apparatus, or may authorize the use or control of any such station or apparatus by any department of the Government, upon just compensation to the owners. I'AKT \\X\1LI. RADIO COMMUNICATION. 427 Kvery such apparatus sliall at all times while in use and Sec - 3 - operation as aforesaid be in charge or under the super- vision of a person or persons licensed for that purpose by the Secretary of Commerce. Kvcry person so licensed who in the operation of any radio apparatus shall fail to observe and obey regulations contained in or made pursuant to this Act or subsequent Acts or treaties of the United States, or any one of them, or who shall fail to enforce 1 obedience thereto by an unlicensed person while serving under his supervision, in addition to the punish- ments and penalties herein prescribed, may suffer the sus- pension of the said license for a, period to be fixed by the Secretary of Commerce not exceeding one year. It shall be unlawful to employ any unlicensed person or for any unlicensed person to serve in charge or in supervision of the use 1 and operation of such apparatus, and any person violating this provision shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than two months, or both, in the discretion of the court, for each and every such offense : Provided, That in case of emergency the Secretary of Commerce may au- thorize a collector of customs to issue a temporary permit, in lieu of a license, to the operator on a vessel subject to the radio ship Act of June twenty-fourth, nineteen hun- dred and ten. For the purpose of preventing or minimizing inter- sec. 4. ference with communication between stations in which such apparatus is operated, to facilitate radio communi- cation, and to further the prompt receipt of distress sig- nals, said private and commercial stations shall be sub- ject to the regulations of this section. These regulations shall be enforced by the Secretary of Commerce through the collectors of customs and other officers of the Gov- ernment as other regulations herein provided for. The Secretary of Commerce may, in his discretion, waive the provisions of any or all of these regulations when no interference of the character above mentioned can ensue. The Secretary of Commerce may grant special tem- porary licenses to stations actually engaged in conduct- ing experiments for the development of the science of radio communication, or the apparatus pertaining thereto, to carry on special tests, using any amount of power or any wave lengths, at such hours and under such condi- tions as will insure the least interference with the send- ing or receipt of commercial or Government radiograms, of distress signals and radiograms, or with the work of other stations. In these regulations the naval and military stations shall be understood to be stations on land. 428 NAVIGATION LAWS OF THE UNITED STATES. REGULATIONS. NORMAL WAVE LENGTH. First. Every station shall be required to designate a certain definite wave length as the normal sending and receiving wave length of the station. This wave length shall not exceed six hundred meters or it shall exceed one thousand six hundred meters. Every coastal sta- tion open to general public service shall at all time be ready to receive messages of such wave lengths as are required by the Berlin convention. Every ship station, except as hereinafter provided, and every coast station open to general public service shall be prepared to use two sending wave lengths, one of three hundred meters and one of six hundred meters, as required by the inter- national convention in force: Provided, That the Secre- tary of Commerce may, in his discretion, change the limit of wave length reservation made by regulations first and second to accord with any international agreement to which the United States is a party. OTHER WAVE LENGTHS. Second. In addition to the normal sending wave length all stations, except as provided hereinafter in these regu- lations, may use other sending wave lengths: Provided, That they do not exceed six hundred meters or that they do exceed one thousand six hundred meters: Pr<*'nll further, That the character of the waves emitted con- forms to the requirements of regulations third and fourth following. USE OF A " PURE WAVE." Third. At all stations if the sending apparatus, to be referred to hereinafter as the " transmitter," is of such a character that the energy is radiated in two or more wave lengths, more or less sharply defined, as indicated by a sensitive wave meter, the energy in no one of the lesser waves shall exceed ten per centum of that in the greatest. USE OF A "SHARP w\\i." Fourth. At all stations the logarithmic decrement per complete oscillation in the wave trains emitted by the transmitter -hall not exceed two-tenths, except when sending distress signals or signals and messages relating thereto. USE OF " STANDARD DISTRESS WAVE." Fifth. Every station on shipboard shall be prepared to send distress calls on the normal wave length designated by the international convention in force, except on vessels of small tonnage unable to have plants insuring that wave length. PART \.\\V1 II. KAIHO COMMUNICATION. 429 SIGNAL OF Sixtli. The distress call used shall he the international signal of distress ... ... Seventh. When sending distress signals, the transmit- ter of a station on shipboard may he tuned in such a manner as to create a maximum of interference with a maximum of radiation. DISTANCE REQUIREMENT FOR DISTRESS SIGNALS. Eighth. Every station on shipboard, wherever prac- tical >h\ shall he prepared to send distress signals of the character specified in regulations fifth and sixth with sufficient power to enable them to be received by day over sea a distance of one hundred nautical miles by a ship- board station equipped with apparatus for both sending and receiving equal in all essential particulars to that of the station first mentioned. FOR DISTRESS SIGNALS. Ninth. All stations are required to give absolute pri- ority to signals and radiograms relating to ships in dis- tress; to cease all sending on hearing a distress signal; and, except when engaged in answering or aiding the ship in distress, to refrain from sending until all signals and radiograms relating thereto are completed. REDUCED POWER FOR SHIPS NEAR A GOVERNMENT STATION. Tenth. No station on shipboard, when within fifteen nautical miles of a naval or military station, shall use a transformer input exceeding one kilowatt, nor, when within five nautical miles of such a station, a transformer input exceeding one-half kilowatt, except for sending sig- nals of distress, or signals or radiograms relating thereto. INTERCOMMUNICATION. Eleventh. Each shore station open to general public service between the coast and vessels at sea shall be bound to exchange radiograms with any similar shore station and with any ship station without distinction of the radio systems adopted by such stations, respectively, and each station on shipboard shall be bound to exchange radio- grams with any other station on shipboard without dis- tinction of the radio systems adopted by each station, respectively. 430 NAVIGATION LAWS OF THE UNITED STATES. It shall be the duty of each such shore station, during the hours it is in operation, to listen in at intervals of not less than fifteen minutes and for a period not less than two minutes, with the receiver tuned to receive messages of three hundred meter wave lengths. DIVISION OF TIME. Twelfth. At important seaports and at all other place? where naval or military and private or commercial shore stations operate in such close proximity that interference with the work of naval and military stations can not be avoided by the enforcement of the regulations contained in the foregoing regulations concerning wave lengths and character of signals emitted, such private or commercial shore stations as do interfere with the reception of sig- nals by the naval and military stations concerned shall not use their transmitters during the first fifteen minutes of each hour, local standard time. The Secretary of Commerce may, on the recommendation of the depart- ment concerned, designate the station or stations which may be required to observe this division of time. GOVERNMENT STATIONS TO OBSERVE DIVISION OF TIME. Thirteenth. The naval or military stations for which the above-mentioned division of time may be established shall transmit signals or radiograms only during the first fifteen minutes of each hour, local standard time, except in case of signals or radiograms relating to vessels in dis- tress, as hereinbefore provided. USE OF UNNECESSARY POWKR. Fourteenth. In all circumstances, except in case of sig- nals or radiograms relating to vessels in distress, all stations shall use the minimum amount of energy neces- sary to carry out any communication desired. GENERAL RESTRICTIONS OX 1MMVATK STATIONS. Fifteenth. No private or commercial station not en- gaged in the transaction of bona fide commercial business by radio communication or in experimentation in connec- tion with the development and manufacture of radio apparatus for commercial purposes shall use a transmit- ting wave length exceeding two hundred meters, or a transformer input exceeding cue kilowatt, except by spe- cial authority of the Secretary of Commerce contained in the license of the station: Provided, That the owner, or operator of a station of the character mentioned in this regulation shall not be liable for a violation of the requirements of the third or fourth regulations to the PART \.\.\\ 111. i;.\ I HO COMMUNICATION. 431 penalties of one hundred dollars or twenty-lh e dollars, respectively, provided in (his section unless (he person maintaining or operating such station shall have been notified in writing that the said transmitter has been found, upon tests conducted by the ( io\ eminent, to be so adjusted as to violate the said third and fourth regula- tions, and opportunity has been given to said owner or operator to adjust said transmitter in conformity with said regulations. H'KCIAL RESTRICTIONS IN THE VICINITIES OF GOVERNMENT STATIONS. Sixteenth. No station of the character mentioned in regulation fifteenth situated within five nautical miles of a naval or military station shall use a transmitting wave length exceeding two hundred meters or a transformer input exceeding one-half kilowatt. SHIP STATIONS TO COMMUNICATE WITH NEAREST SHORE . STATIONS. Seventeenth. In general, the shipboard stations shall transmit their radiograms to the nearest shore station. A sender on board a vessel shall, however, have the right to designate the shore station through which he desires to have his radiograms transmitted. If this can not be done, the wishes of the sender are to be complied with only if the transmission can be effected without interfering with the service of other stations. LIMITATIONS FOR FUTURE INSTALLATIONS IN VICINITIES OF GOVERNMENT STATIONS. Eighteenth. No station on shore not in actual opera- tion at the date of the passage of this Act shall be licensed for the transaction of commercial business by radio com- munication within fifteen nautical miles of the following naval or military stations, to wit: Arlington, Virginia; Key West, Florida ; San Juan, Porto Rico ; North Head and Tatoosh Island, Washington ; San Diego, California ; and those established or which may be established in Alaska and in the Canal Zone; and the head of the de- partment having control of such Government stations shall, so far as is consistent with the transaction of gov- ernmental business, arrange for the transmission and receipt of commercial radiograms under the provisions of the Berlin convention of nineteen hundred and six and future international conventions or treaties to which the United States may be a party, at each of the stations above referred to, and shall fix the rates therefor, sub- 92075 15 28 432 NAVIGATION LAWS OF THE UNITED STATES. ject to control of such rates by Congress. At such sta- tions and wherever and whenever shore stations open for general public business between the coast and vessels at sea under the provisions of the Berlin convention of nineteen hundred and six and future international con- ventions and treaties to which the United States may be a party shall not be so established as to insure a constant service day and night without interruption, and in all localities wherever or whenever such service shall not be maintained by a commercial shore station within one hundred nautical miles of a naval radio station, the Sec- retary of the Navy shall, so far as is consistent with the transaction of governmental business, open naval radio stations to the general public business described above, and shall fix rates for such service, subject to control of such rates by Congress. The receipts from such radio- grams shall be covered into the Treasury as miscellaneous receipts. SECRECY OF MESSAGES. Nineteenth. No person or persons engaged in or having knowledge of the operation of any station or stations, shall divulge or publish the contents of any messages transmitted or received by such station, except to the person or persons to whom the same may be directed, or their authorized agent, or to another station employed to forward such message to its destination, unless legally required so to do by the court of competent jurisdiction or other competent authority. Any person guilty of divulging or publishing any message, except as herein provided, shall, on conviction thereof, be punishable by a fine of not more than two hundred and fifty dollars or imprisonment for a period of not exceeding three months, or both fine and imprisonment, in the discretion of the court. PENALTIES. For violation of any of these regulations, subject to which a license under sections one and two of this Act may be issued, the owner of the apparatus shall he- liable to a penalty of one hundred dollars, which may he re- duced or remitted by the Secretary of Commerce, and for repeated violations of any of such regulations, the license may be revoked. for violation of any of these regulations, except as pro- vided in regulation nineteenth, subject to which a license under section three of this Act may be issued, the oper- ator shall be subject to a penalty of twenty-five dollars. which may be reduced or remitted by the Secretary of Commerce, and for repeated violations of any such regu- lations, the license shall be suspended or revoked. Every license granted under the provisions of this Act for the operation or use of apparatus for radio com muni- PART \\.\VII1. IIADIO COMMUNICATION. 433 cation shall prescribe that the operator thereof shall not willfully or maliciously interfere with any other radio communication. Such interference shall be deemed a misdemeanor, and upon conviction thereof the owner or operator, or both, shall be punishable by a fine of not to exceed live hundred dollars or imprisonment for not to exceed one year, or both. gec The expression "radio communication" as used in' this Act means any system of electrical communication by telegraphy or telephony without the aid of any wire, connecting the points from and at which the radiograms, signals, or other communications are sent or received. A person, company, or corporation within the juris- ! diction of the United States shall not knowingly utter or transmit, or cause to be uttered or transmitted, any false or fraudulent distress signal or call or false or fraudulent signal, call, or other radiogram of any kind. The penalty for so uttering or transmitting a false or fraudulent distress signal or call shall be a fine of not more than two thousand five hundred dollars or impris- onment for not more than five years, or both, in the discretion of the court, for each and every such offense, and the penalty for so uttering or transmitting, or caus- ing to be uttered or transmitted, any other false or fraud- ulent signal, call, or other radiogram shall be a fine of not more than one thousand dollars or imprisonment for not more than two years, or both, in the discretion of the court, for each and every such offense. gec g A person, company, or corporation shall not use or operate any apparatus for radio communication on a foreign ship in territorial waters of the United States otherwise than in accordance with the provisions of sec- tions four and seven of this Act and so much of section five as imposes a penalty for interference. Save as afore- said, nothing in this Act shall apply to apparatus for radio communication on any foreign ship. The trial of any offense under this Act shall be in the s district in which it is committed, or if the offense is com- mitted upon the high seas or out of the jurisdiction of any particular State or district the trial shall be in the district where the offender may be found or into which he shall be first brought. 10 This Act shall not apply to the Philippine Islands. g^ n ] This Act shall take effect and be in force on and after four months from its passage. PART XXXIX. OFFENSES AGAINST NEUTRALITY. Sec. 10. Repeals R. S. 5282. 409. Offenses against neutrality. sec r 'o 4 ' 1009 - Every citizen of the United States who, within the Repeals R. s., territory or jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, dis- trict, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be fined not more than two thousand dollars and imprisoned not more than three years. Whoever, within the territory or jurisdiction of the United States, enlists, or enters himself, or hires or re- tains another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, shall be fined not more than one thousand dollars and imprisoned not more than three years. Whoever, within the territory or jurisdiction of the '' United States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or know- ingly is concerned in the furnishing, fitting out, or arming of any vessel, with intent that such vessel shall be em- ployed in the service of any foreign prince or state, or of any colony, district, or people, to cruise or commit hostili- ties against the subjects, citizens, or property of any for- eign prince or state, or of any colony, district, or people, with whom the United States are at peace, or whoever issues or delivers a commission within the territory or jurisdiction of the United States for any vessel, to the in- tent that she may be so employed, shall be fined not more than ten thousand dollars and imprisoned not more than three years. And every such vessel, her tackle, apparej, and furniture, together with all materials, arms, ammuni- tion, and stores which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer and the other half to the use of the United States. sec. 303. Whoever, being a citizen of the United States, without Repeals R. s., ^ ii m its thereof, fits out and arms, or attempts to fit out 434 Sec. 11. Repeals R. 5283. PART XXXIX. OFFENSES AGAINST NEUTRALITY. 435 and arm, or procures to bo fitted out and armed, or know- ingly aids or is concerned in furnishing, iittinr - '* * , .. .'. ., ... . Ut'pOlllS K. rt. f to extend to any subject or citi/en oi any foreign prince, -vj-.n. state, colony, district, or people who is transiently within the United States and enlists or enters himself on hoard of any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, col- ony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on hoard such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince. >tate, colony, district, or people. Nor shall they be construed to prevent the prosecution or punishment of treason, or of any piracy defined by the laws of the United States. During the existence of a war to which the United 4 II - 11 ^ 5 R - Mar - States is not a party, and in order to prevent the neu- trality of the United States from being violated by the use of its territory, its ports, or its territorial waters as the base of operations for the armed forces of a belliger- ent, contrary to the obligations imposed by the law of nations, the treaties to which the United States is a party, or contrary to the statutes of the United States, the Pres- ident be, and he is hereby, authorized and empowered to direct the collectors of customs under the jurisdiction of the United States to withhold clearance from any vessel, American or foreign, which he has reasonable cause to believe to be about to carry fuel, arms, ammunition, men, or supplies to any warship, or tender, or supply ship of a belligerent nation, in violation of the obligations of the United States as a neutral nation. In case any such vessel shall depart or attempt to depart from the jurisdiction of the United States without clearance for any of the purposes above set forth, the owner or master or person or persons having charge or command of such vessel shall severally be liable to a fine of not less than $2,000 nor more than $10,000, or to im- prisonment not to exceed two years, or both, and, in addi- tion, such vessel shall be forfeited to the United States. The President of the United States be, and he is hereby, authorized and empowered to employ such part of the land or naval forces of the United States as shall be necessary to carry out the purposes of this resolution. The provisions of this resolution shall be deemed to extend to all land and water, continental or insular, within the jurisdiction of the United States. PART XL. GUANO ISLANDS. R S., 5570. R. S., 5571. R S., 5572. it. s., u. s., r.r,7i. 438 410. Guano Islands. Whenever any citizen of the United States discovers a deposit of guano on any island, rock, or key, not within the lawful jurisdiction of any other government, and not occupied by the citizens of any other government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the President, be considered as appertaining to the United States. The discoverer shall, as soon as practicable, give notice, verified by affidavit, to the Department of State, of such discovery, occupation, and possession, describing the island, rock, or key, and the latitude and longitude thereof, as near as may be, and showing that such posses- sion was taken in the name of the United States; and shall furnish satisfactory evidence to the State Depart- ment that such island, rock, or key w^as not, at the time of the discovery thereof, or of the taking possession and occupation thereof by the claimants, in the possession in- occupation of any other government or of the citizens of any other government, before the same shall be considered as appertaining to the United States. If the discoverer dies before perfecting proof of discov- ery or fully complying with the provisions of the pre- ceding section, his widow, heir, executor, or administra- tor, shall be entitled to the benefits of such discovery, upon complying with the provisions of this Title [R. S., .0570-5578] ; but nothing herein shall be held to impair any rights of discovery or any assignment by a discoverer heretofore recognized by the United States. The discoverer, or his assigns, being citizens of the United States, may be allowed, at the pleasure of Con- gress, the exclusive right of occupying such island, rocks, or keys, for the purpose of obtaining guano, and of sell- ing and delivering the same to citizens of the United States, to be used therein, and may he allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship's tackle, a sum not exceeding eight dollars per ton for the best quality. or four dollars for every ton taken while in its native place of deposit. No guano shall be taken from any such island, rock, or key. except for the use of the citizens of the United States XL. GUANO ISLANDS. 439 or of persons resident therein. The di.-co\civr. or his widow, heir, executor, administrator, or assigns, shall enter into l>ond. in such penalty and with such sureties as may l>e required l>y the President, to deliver the guano to citi/ens of the I'nited States, for tlie purpose of being used therein, and to none others, and at the price pre- scribed, and to provide all necessary facilities for that purpose within a time to be iixed in the bond; and any breach of the provisions thereof shall be deemed a for- feiture of all rights accruing under and by virtue of this Title | K. S., 5570-5578 |. This section shall, however, be suspended in relation to all persons who have complied with the provisions of this Title, for five % years from and after the fourteenth day of July, eighteen hundred and seventy-two. The introduction of guano from such islands, rocks, or R. s.,5575. keys, shall be regulated as in the coasting trade between different parts of the United States, and the same laws shall govern the vessels concerned therein. All acts done, and offenses or crimes committed, on any R. s., 5576. such island, rock, or key, by persons who may land thereon, or in the water adjacent thereto, shall be deemed committed on the high seas, on board a merchant-ship or vessel belonging to the United States; and shall be pun- ished according to the laws of the United States relating to such ships or vessels and offenses on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. The President is authorized, at his discretion, to em- R. s., 5577. ploy the land and naval forces of the United States to protect the rights of the discoverer or of his widow, heir, executor, administrator, or assigns. Xothing in this Title [ R. S., 5570-5578] contained shall R. s., 5578. be construed as obliging the United States to retain pos- session of the islands, rocks, or keys, after the guano shall have been removed from the same. The crimes and offenses defined in this chapter [chap. Mar. 4, 1900 11, act Mar. 4. 1909; see pp. 468^75] shall be punished Sec - 272 - as herein described : * * On any island, rock, or key, containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States. PART XLL MISCELLANEOUS. 423. Panama Canal. 424. Great Lakes-Atlantic Canal. 425. Great Lakes' levels. 426. Employment of vessels of the United States for public pur- poses. 427. Exemption of private property at sea. 428. Hospital ships. 429. Sponge fishing. 430. Liens on vessels. 431. Enforcement of navigation laws. 432. Licensing of customhouse bro- kers. 433. Assistance and salvage at sea. 411. Life-saving medals. 412. Rescuing shipwrecked American seamen. 413. School ships. 414. Instruction at military schools. 415. Instruction in shipbuilding. 416. Naval Militia. 417. North Atlantic fisheries. 418. Supplies for foreign war vessels. 419. Navy ration. 420. Export of arms to American countries. 421. Mines, torpedoes, and harbor de- fenses. 422. Sale of arms and liquors to Pa- cific islanders. 411. Life-saving medals. sec 6 ? 20 ' 1874 ' The Secretary of the Treasury is hereby directed to cause to be prepared medals of honor, with suitable de- vices, to be distinguished as life-saving medals of the first and second class, which shall be bestowed upon any persons who shall hereafter endanger their own lives in saving, or endeavouring to save lives from perils of the sea, within the United States, or upon any American vessel : Provided, That the medal of the first class shall be confined to cases of extreme and heroic daring; and that the medal of the second class shall be given in cases not sufficiently distinguished to deserve the medal of the first class : Provided, also, That no award of either medal shall be made to any person until sufficient evi- dence of his deserving shall have been filed with the Sec- retary of the Treasury and entered upon the records of the Department. The life-saving medals of the first and second class authorized by the provisions of the seventh section of the act of July twentieth, eighteen hundred and seventy-four, shall be hereafter designated as the gold and silver life- saving medal respectively, and any person who has re- ceived or may hereafter receive either of said medals under the provisions of said section, or the twelfth sec- tion of the act of June eighteenth, eighteen hundred and seventy-eight, and who shall again perform an act which would entitle him to a medal of the same class under said provisions, shall receive, and the Secretary of the Treas- ury is hereby authorized to award, in lieu of a second medal, a bar, suitably inscribed, of the same metal as the 440 May 4, 1882. Sec. 9. PART XLI. - MISCELLANEOUS. 441 modal to which said person would be entitled, to be attached to a ribbon of such description as the Secretary of the Treasury may prescribe, which may he fastened to the medal already bestowed upon said person: and for every such additional act an additional bar may be added. And the Secretary of the Treasury is hereby authorized, in his discretion, whenever any person becomes entitled to a bar representing a gold medal, to award him, in addi- tion to said bar, such token as it is customary to award in acknowledgment of the services of masters and crews of foreign vessels in rescuing American citizens from ship wreck. The Secretary of the Treasury is hereby authorized to g" e i2 8 ' 1878 ' bestow the life-saving medal of the second class upon per- ' sons making such signal exertions in rescuing ami succor- ing the shipwrecked, and saving persons from drowning, as, in his opinion, shall merit such recognition. So much of the acts relating to the Life-Saving Service Jan - 21 1897 - approved June twentieth, eighteen hundred and seventy- four, June eighteenth, eighteen hundred and seventy- eight, and May fourth, eighteen hundred and eighty-two, as provide for the award of life-saving medals shall be construed so as to empower the Secretary of the Treasury to bestow such medals upon persons making signal exer- tions in rescuing and succoring the shipwrecked and sav- ing persons from drowning in the waters over which the United States has jurisdiction, whether the said persons making such exertions were or were not members of a life-saving crew, or whether or not such exertions were made in the vicinty of a life-saving station. 412. Rescuing shipwrecked American seamen. Expenses which may be incurred in the acknowledg- June so, 1914. ment of the services of masters and crews of foreign ves- sels in rescuing American seamen or citizens from ship- wreck, four thousand five hundred dollars. 413. School ships. The Secretary of the Navy, to promote nautical educa- JfJJJ? 4 * tion, is hereby authorized and empowered to furnish, Mar! 4,' 1911! upon the application in writing of the governor of a State, a suitable vessel of the navy, with all her apparel, charts, books, and instruments of navigation, provided the same can be spared without detriment to the naval service, to be used for the benefit of any nautical school, or school or college having a nautical branch, estab- lished at each of the following ports of the United States: Boston, Philadelphia, New York, Seattle, San Francisco, Baltimore, Detroit, Saginaw, Michigan, Norfolk, and Corpus Christi, upon the condition that there shall be maintained at such port a school or branch of a school for the instruction of youths in navigation, steamship- marine engineering, and all matters pertaining to the proper construction, equipment, and sailing of vessels or any particular branch thereof. 442 NAVIGATION LAWS OF THE UNITED STATES. sec. 2. A sum not exceeding the amount annually appropri- ated by any State or municipality for the purpose of maintaining such a marine school or schools or the nautical branch thereof is hereby authorized to be appropriated for the purpose of aiding in the maintenance and support of such school or schools: Provided, however, That ap- propriations shall be made for one school in any port heretofore named in section one and that the appropria- tion for any one year shall not exceed twenty-five thou- sand dollars for any one school. Sec. 3. The President of the United States is hereby author- ized, when in his opinion the same can be done without detriment to the public service, to detail proper officers of the navy as superintendents of or instructors in such schools: Provided, That if any such school shall be dis- continued, or the good of the naval service shall require, such vessel shall be immediately restored to the Secretary of the Navy and the officers so detailed recalled: And provided further, That no person shall be sentenced to or received at such schools as a punishment or commuta- tion of punishment for crime. 414. Instruction at military schools. Mar. J^iopi. The President be, and he is hereby, authorized, upon 6 ' the application of the governor of any State having sea- coast line or bordering on one or more of the Great Lakes, to direct the Secretary of the Navy to furnish to one well-established military school in that State, desiring to afford its cadets instruction in elementary seamanship, one fully equipped man-of-war's cutter for every twenty- five cadets in actual attendance, and such other equip- ment as may be spared and be deemed adequate for in- struction in elementary seamanship: rror/roi''/el to be used only by such nautical schools as are or may hereafter bo maintained by said government of the Philippine Islands: Providea^ That when such schools shall be abandoned, or when the PART XLI. MISCELLANEOUS. 443 interests of the naval service shall so require, such vessel, together with her apparel, charts, books, and instruments of navigation, shall he immediately restored to the CUfl tody of the Secretary of the Navy : . 1 ml i>r<>r'/e>Hon <>r under the protection of any <-ivili/.ed power, shall be fined not more than fifty dollars, or imprisoned not more than three months, or both. In addition to such punishment, all articles of a similar nature to those in respeet to which an offense has been committed, found in the possession of 1'AIIT XI. I. MISCKI 1. \M-.nl 417 (lie oHender. may be declared forfeited. IT it shall ap- pear to the court that such opium, wine, or spirits ha\e been given bona lide for medical purposes, it shall l>e lawful for the couit to dismiss the charge. All oll'enses against the provisions of the section ]\\>( J. 1 '"'..,',;, |; '" ;) preceding, eommitted on any of said islands or on the Repeals' waters, rocks, or keys adjacent thereto, shall be deemed'^' 1 '.. 11 - ' eommitted on the high seas on hoard a merchant ship or vessel belonging to the ("nited States, and the courts of the Tinted States shall have jurisdiction accordingly. 423. Panama Canal. The zone of land and land under water of the width of A "-- -' 1912 - ten miles extending to the distance of live miles on each side of the center line of the route of the canal now being constructed thereon, which zone begins in the Caribbean Sea three marine miles from mean low-water mark and extends to and across the Isthmus of Panama into the Pacific. Ocean to the distance of three marine miles from mean low -water mark, excluding therefrom the cities of Panama and Colon and their adjacent harbors located within said zone, as excepted in the treaty with the Re- public of Panama dated November eighteenth, nineteen hundred and three, but including all islands within said described zone, and in addition thereto the group of islands in the Hay of Panama named Perico, Naos, Cule- bra. and Flamenco, and. any lands and waters outside of said limits above described which are necessary or con- venient or from time to time may become necessary or convenient for the construction, maintenance, operation, sanitation, or protection of the said canal or of any auxiliary canals, lakes, or other works necessary or con- venient for the construction, maintenance, operation, sani- tation, or protection of said canal, the use, occupancy, or control whereof w~ere granted to the United States by the treaty between the United States and the Republic of Panama, the ratifications of which were exchanged on the twenty-sixth day of February. nineteen hundred and four, shall be known and designated as the Canal Zone, and the canal now being constructed thereon shall hereafter be known and designated as the Panama Canal. The President is authorized, by treaty with the Republic of Panama, to acquire any additional land or land under water not already granted, or which was excepted from the grant, that he may deem necessary for the operation, maintenance, sanitation, or protection of the Panama Canal, and to exchange any land or hind under water not deemed necessary for such purposes for other land or land under water which may be deemed necessary for such pur- poses, which additional land or hind under water so ac- quired shall become part of the Canal Zone. 92075 15 29 148 Sec. 2. Sec. 3. Sec. 4. NAVIGATION LAWS OF THE UNITED STATES. All laws, orders, regulations, and ordinances adopted and promulgated in the Canal Zone by order of the Presi- dent for the government and sanitation of the Canal Zone and the construction of the Panama Canal are here- by ratified and confirmed as valid and binding until Congress shall otherwise provide. The existing courts established in the Canal Zone by Executive order are recognized and confirmed to continue in operation until the courts provided for in this Act shall be established. The President is authorized to declare by Executive order that all land and land under water within the limits of the Canal Zone is necessary for the construction, maintenance, operation, sanitation, or protection of the Panama Canal, and to extinguish, by agreement when advisable, all claims and titles of adverse claimants and occupants. Upon failure to secure by agreement title to any such parcel of land or land under water the adverse claim or occupancy shall be disposed of and title thereto secured in the United States and compensation therefor fixed and paid in the manner provided in the aforesaid treaty with the Republic of Panama, or such modifica- tion of such treaty as may hereafter be made. When in the judgment of the President the construc- tion of the Panama Canal shall be sufficiently advanced toward completion to render the further services of the Isthmian Canal Commission unnecessary the President is authorized by Executive order to discontinue the Isthmian Canal Commission, which, together with the present or- ganization, shall then cease to exist; and the President is authorized thereafter to complete, govern, and operate the Panama Canal and govern the Canal Zone, or cause them to be completed, governed, and operated, through a governor of the Panama ('anal and such other persons as he may deem competent to discharge the various duties connected with the completion, care, maintenance, sanita- tion, operation, government, and protection of the canal and ('anal Zone. If any of the persons appointed or em- ployed as aforesaid shall be persons in the military or naval service of the United States, the amount of the offi- cial salary paid to any such person shall be deducted from the amount of salary or compensation provided by or which shall be fixed under the terms of this Act. The governor of the Panama Canal shall be appointed by the President, by and with the advice and consent of the Senate, commissioned for a term of four years, and until his successor shall be appointed and qualified. He shall receive a salary of ton thousand dollars a year. All other persons necessary for the completion, care, management, maintenance, sanitation, government, operation, and pro- tection of the Panama Canal and Canal Zone shall be appointed by the President, or by his authority, remov- able at his pleasure, and the compensation of such persons shall be fixed by the President, or by his authority, until PAHT XII. MISCI I I \N ;i nrs. 449 such time MS Congress may by law regulate the same, hut salaries or eompensat ion fixed hereunder by the President shall in no instance exceed hy more tlian twenty-five per centum the salary or compensation paid for the same or similar services to persons employed hy the (Jovcrnment in continental Tinted States. That upon the completion of the Panama Canal the President shall cause the same to he ollicially and formally opened for use and operation. IVfore the completion of the canal, the Commission of Arts may make report to the President of their recom- mendation regarding the artistic character of the struc- tures of the canal, such report to be transmitted to Con- gress. The President is hereby authorized to prescribe and sec. 6. from time to time eh an ire the tolls that shall be levied by the Government of the United States for the use of the Panama Canal : I*ror'nII* '\ hat no tolls, when prescribed as above, shall be changed, unless six months' notice thereof shall have been given by the President by procla- mation. No tolls shall Be levied upon vessels engaged in the coastwise trade of the United States. That section forty-one hundred and thirty-two of the Revised Statutes is hereby amended to read as follows: * * * (See p. 15. | Tolls may be based upon gross or net registered ton- une 2 15 1914 - nage, displacement tonnage, or otherwise, and may be based on one form of tonnage for warships and another for ships of commerce. The rate of tolls may be lower upon vessels in ballast than upon vessels carrying pas- sengers or cargo. When based upon net registered ton- nage for ships of commerce the tolls shall not exceed $1.-J."> per net registered ton, nor be less than 75 cents per net registered ton, subject, however, to the provisions of article nineteen of the convention between the United States and the Republic of Panama, entered into Novem- ber eighteenth, nineteen hundred and three: Provided. That the passage of this Act shall not be construed or hold as a waiver or relinquishment of any right the United States may have under the treaty with Great Britain, ratified the twenty-first of February, nineteen hundred and two, or the treaty with the Republic of Panama, ratified February twenty-sixth, nineteen hun- dred and four, or otherwise, to discriminate in favor of its vessels by exempting the vessels of the United St; or its citizens from the payment of tolls for passage through said canal, or as in any way waiving, impairing, or affecting any right of the United States under said treaties, or otherwise, with respect to the sovereignty over or the ownership, control, and management of said canal and the regulation of the conditions or charges of traffic through the same. If the tolls shall not be based upon net registered tonnage, they shall not exceed the equivalent of one dollar and twenty-five cents per net 450 NAVIGATION LAWS OF THE UNITED STATES. registered ton as nearly as the same may be determined, nor be less than the equivalent of seventy-five cents per net registered ton. The toll for each passenger shall not be more than one dollar and fifty cents. The President is authorized to make and from time to time amend regu- lations governing the operation of the Panama Canal, and the passage and control of vessels through the same or any part thereof, including the locks and approaches thereto, and all rules and regulations affecting pilots and pilotage in the canal or the approaches thereto through the adjacent waters. Such regulations shall provide for prompt adjustment by agreement and immediate payment of claims for dam- ages which may arise from injury to vessels, cargo, or passengers from the passing of vessels through the locks under the control of those operating them under such rules and regulations. In case of disagreement suit may be brought in the district court of the Canal Zone against the governor of the Panama Canal. The hearing and dis- position of such cases shall be expedited and the judg- ment shall be immediately paid out of any moneys appropriated or allotted for canal operation. Sec. 6. The President is authorized to cause to be erected, maintained, and operated, subject to the International Convention and the Act of Congress to regulate radio- communication, at suitable places along the Panama ('anal and the coast adjacent to its two terminals, in connection with the operation of said canal, such wireless telegraphic installations as he may deem necessary for the operation, maintenance, sanitation, and protection of said canal, and for other purposes. If it is found neces- sary to locate such installations upon territory of the Republic of Panama, the President is authorized to make such agreement with said Government as may be- neces- sary, and also to provide for the acceptance and transmis- sion, by said system, of all private and commercial mes- sages, and those of the Government of Panama, on such terms and for such tolls as the President may prescribe: Pror'nlL That the messages of the Government of the I'nited States and the departments thereof, and the management of the Panama Canal, shall always be given precedence over all other messages. The President is \\\>^ authorized, in his discretion, to enter into such operating agreements or leases with any private- wireless company or companies as may best insure freedom from interfer- ence, with the wireless telegraphic, installations established by the Tinted States. The President is also authorized to establish, maintain, and operate, through the Panama Railroad Company or otherwise, dry docks, repair shops. yards, docks, wharves, warehouses, storehouses, and other i BOessary facilities and appurtenances for the purpose of providing coal and other materials, labor, repairs, and supplies for vessels of the Government of the United TAUT XI !. MISCELLANEOUS, -I,")! States Mini, incidentally, for supplying SUch a( reasonable prices to pas-in- . in accordance with appropria- tions hereby authorized to he made from time to time hv Congress as a part of the maintenance and operation of the said canal. Moneys received from (lie conduct of said business may l>c expended and reinvested for sucli purposes without being covered into (he Treasury of the Tinted States: and such moneys are hereby appropriated for such purposes, hut all deposits of such' funds shall he subject to the provisions of exiting law relating to the deposit of other public funds of the United States, and any net profits accruing from such business shall annu- ally be covered into the Treasury of the I'nited States. Monthly reports of such receipts and expenditures shall bo made to the Pre-ident. by the persons in charge, and annual reports shall be made to the ( 'ongress. The governor of the Panama ('anal shall, in connection Bc.7. with the operation of such canal, have official control and jurisdiction over the Canal Zone and shall perform all duties in connection with the civil government of the Canal Zone, which i- to be held, treated, and governed as an adjunct of such Panama Canal. I'nless in this Act otherwise provided all existing laws of the Canal Zone referring to the civil governor or the civil administration of the Canal Zone shall he applicable to the governor of the Panama Canal, who shall perform, all such executive and administrative duties minimi by existing law. 'The President is anthori/ed to determine or cause to be de- termined what towns, shall exist in the Canal Zone and subdivide and from time to time resuhdivide said Canal Zone into subdivisions, to be designated by name or num- ber, so that there shall be situated one town in each sub- division, and the boundaries of each subdivision shall be clearly defined. In each town there shall be a magistrate's court with exclusive original jurisdiction < ive with the subdivision in which it is situated of all civil cases in which the principal sum claimed does not exceed three hundred dollars, and all criminal cases wherein the punishment that may be imposed shall n- d a fine of one hundred dollars, or imprisonment 'ing thirty days, or both, and all violations of police regula- tions and ordinances and all actions involving possession or title to personal property or the forcible entry and de- tainer of real estate. Such magistrates shall also hold preliminary investigations in charges of felony and of- fenses under section ten of t: . and commit or bail in bailable cases to the district court. A sullicient num- ber of magistrates and constables, who must be cili/ens of the United States, to conduct the business >f -uch courts, shall be appointed by the governor of the Panama Canal for terms of four years and until their sr are appointed and qualified, and the com] -idi persons shall be fixed by the President, or I y his an- 452 NAVIGATION LAWS OF THE UNITED STATES. thority, until such time as Congress may by law regulate the same. The rules governing said courts and prescrib- ing the duties of said magistrates and constables, oaths and bonds, the times and places of holding such courts, the disposition of fines, costs, forfeitures, enforcements of judgments, providing for appeals therefrom to the dis- trict court, and the disposition, treatment, and pardon of convicts shall be established by order of the President. The governor of the Panama Canal shall appoint all notaries public, prescribe their powers and duties, their official seal, and the fees to be charged and collected by them. Sec - 8 - There shall be in the Canal Zone one district court with two divisions, one including. Balboa and the other includ- ing Cristobal; and one district judge of the said district, who shall hold his court in both divisions at such time as he may designate by order, at least once a month in each division. The rules of practice in such district court shall be prescribed or amended by order of the President. The said district court shall have original jurisdiction of all felony cases, of offenses arising under section ten of this Act, all causes in equity ; admiralty and all cases at law involving principal sums exceeding three hundred dollars and all appeals from judgments rendered in magistrates' courts. The jurisdiction in admiralty herein conferred upon the district judge and the district court shall be^the same that is exercised by the United States district judges and the United States district courts, and the procedure and practice shall also be the same. The dis- trict court or the judge thereof shall also have jurisdiction of all other matters and proceedings not herein provided for which are now within the jurisdiction of the Supreme Court of the Canal Zone, of the Circuit Court of the Canal Zone, the District Court of the Canal Zone, or the judges thereof. Said judge shall provide for the selec- tion, summoning, serving, and compensation of jurors from among the citizens of the United States, to be sub- ject to jury duty in either division of such district, and a jury shall be had in any criminal case or civil case at law originating in said court on the demand of either party. There shall be a district attorney and a marshal for said district. sec. 9. All existing laws in the Canal Zone governing practice and procedure in existing courts shall he applicable and adapted to the practice and procedure in the nc\v courts. The Circuit Court of Appeals of the Fifth Circuit of the United States shall have jurisdiction to review, re- vise, modify, reverse, or allinn the final judgments and decrees of the District Court <>f the Canal Zone and to render such judgments as in the opinion of the said appellate court should have U'en rendered by the trial court in all act i ens and proceedings in which the Con- stitution, or any statute, treaty, title, right, or privilege of the United States, is involved and a right thereunder denied, and in cases in which the value in controversy PAKT XI I. Mix I I I \.\l.nlTS. 453 exceeds one thousand dollars, to be ascertained bv the oath of either party, or by other competent c\ idence, and also in criminal causes wherein the ollen>e charged is punishable as a felony. And such appellate jurisdiction, subject to the right of review by or appeal to the Su- preme Court of the United States as in other cases au- thorized by law, may he exercised by said circuit court of appeals in the same manner, under the same regulations, and by the same procedure as nearly as practicable a done in reviewing the final judgments and decrees of the district courts of the United States. After the Panama Canal shall have been completed Sec. 10 and opened for operation the governor of the Panama Canal shall have the right to make such rules and regu- lations, subject to the approval of the President, touching the right of any person to remain upon or pass over any part of the Canal Zone as may be necessary. Any person violating any of such rules or regulations shall be guilty of a misdemeanor, and on conviction in the District Court of the Canal Zone shall be punished by a fine not exceed- ing five hundred dollars or by imprisonment not exceeding a year, or both, in the discretion of the court. It shall be unlawful for any person, by any means or in any way, to injure or obstruct, or attempt to injure or obstruct, any part of the Panama Canal or the locks thereof or the approaches thereto. Any person violating this provision shall be guilty of a felony, and on conviction in the Dis- trict Court of the Canal Zone shall be punished by a fine not exceeding ten thousand dollars or by imprisonment not exceeding twenty years, or both, in the discretion of the court. If the act shall cause the death of any person within a year and a day thereafter, the person so con- victed shall be guilty of murder and shall be punished accordingly. Section five of the Act to regulate commerce, approved Sec - 11 - February fourth, eighteen hundred and eighty-seven, as heretofore amended, is hereby amended by adding thereto a new paragraph at the end thereof, as follows : "From and after the first day of July, nineteen hun- dred and fourteen, it shall be unlawful for any railroad company or other common carrier subject to the A--t to regulate commerce to own, lease, operate, control, or have any interest whatsoever (by stock owner-hip or otherwise, either directly, indirectly, through any holding company, or by stockholders or directors in common, or in any other manner) in any common carrier by water operated through the Panama Canal or elsewhere with which said railroad or other carrier aforesaid does or may compete for traffic or any vessel carrying freight or passengers upon said water route or elsewhere with which said railroad or other carrier a fort. -aid does or may compete for traffic; and in case of the violation of this provision each day in which >uch violation continues shall be deemed a separate offense." 454 NAVIGATION LAWS OF TT1K V XT TED STATES. Jurisdiction is hereby conferred on the Interstate Com- merce Commission to determine questions of fact as to the competition or possibility of competition, after full hearing, on the application of any railroad company or other carrier. Such application may be filed for the pur- pose of determining whether any existing service is in violation of this section and pray for an order permitting the continuance of any vessel or vessels already in opera- tion, or for the purpose of asking an order to install new service not in conflict with the provisions of this para- graph. The commission may on its own motion or the application of any shipper institute proceedings to in- quire -into the operation of any vessel in use by any rail- road or other carrier which has not applied to the com- mission and had the question of competition or the pos- sibility of competition determined as herein provided. In all such cases the order of said commission shall be final. If the Interstate Commerce Commission shall be of the opinion that any such existing specified service by water other than through the Panama Canal is being operated in the interest of the public and is of advantage to the convenience and commerce of the people, and that such extension will neither exclude, prevent, nor reduce com- petition on the route by water under consideration, the Interstate Commerce Commission may, by order, extend the time during which such service by water may con- tinue to be operated beyond July first, nineteen hundred and fourteen. In every case of such extension the rates, schedules, and practices of such water carrier shall be filed with the Interstate Commerce Commission and shall be subject to the act to regulate commerce and all amend- ments thereto in the same manner and to the same extent as is the railroad or other common carrier controlling such water carrier or interested in any manner in its operation: Provided, Any application for extension un- der the terms of this provision filed with the Interst;ite Commerce Commission prior to July first, nineteen hun- dred and fourteen, but for any reason not heard and disposed of before said date, may be considered and granted thereafter. No vessel permitted to engage in the coastwise or for- eign trade of the United States shall be permitted to inter or pass through said canal if such ship is owned, chartered, operated, or controlled by any person or com- pany which is doing business in violation of the pro- visions of the Act of Congress approved July second, eighteen hundred and ninety, entitled "An Act to pro- tect trade and commerce against unlawful restraints and monopolies," or the provisions of sections seventy-three to seventy-seven, both inclusive, of an Act approved August twenty-seventh, eighteen hundred and ninety- four, entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," or I>\I;T \i i. MIS< i.i i \M ,.1 .1.",;, the provisionfl of any other A.-i .f Congress amending or supplementing the said Act <>f ,!uly second, eighteen hundred and ninety, commonly known us the Sherman Antitrust Act, and amendments thereto. op said :-cctious of the Act of August twenty-seventh, eighteen hundred :ind ninety-four. The <|Uesiion of fact may he When property may be or is transported from point to point in the United States by rail and water through the Panama Canal or otherwise, the transportation being by a common carrier or carriers, and not entirely within the limits of a single State, the Intel-state Commerce Commission shall have jurisdiction of such transportation and of the carriers, both by rail and by water, which may or do engage in the same, in the following particulars, in addition to the jurisdiction given by the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten : "(a) To establish physical connection between the lines of the rail carrier and the dock of the water carrier by directing the rail carrier to make suitable connection between its line and a track or tracks which have been constructed from the clock to the limits of its right of way, or by directing either or both the rail and water car- rier, individually or in connection with one another, to construct and connect with the lines of the rail carrier a spur track or tracks to the dock. This provision shall only apply where such connection is reasonably practi- cable, can be made with safety to the public, and where the amount of business to be handled is sufficient to justify the outlay. " The commission shall have full authority to determine the terms and conditions upon which these connecting tracks, when constructed, shall be operated, and it may, either in the construction or the operation of such tr.i determine what sum shall be paid to or by either carrier. The provisions of this paragraph shall extend to d where the dock is owned by other parties than the carrier involved. "(b) To establish through routes and maximum joint rates between and over such rail and water lines, and to determine all the term.- and condition- under which such lines shall be operated in the handling of the trail;.- em- braced. "(c) To establish maximum proportional rates by rail to and from the ports to which the trailic is brought, or 456 NAVIGATION LAWS OF THE UNITED STATES. from which it is taken by the water carrier, and to de- termine to what traffic and in connection with what ves- sels and upon what terms and conditions such rates shall apply. By proportional rates are meant those which differ from the corresponding local rates to and from the port and which apply only to traffic which has been brought to the port or is carried from the port by a com- mon carrier by water. "(d) If any rail carrier subject to the Act to regulate commerce enters into arrangements with any water car- rier operating from a port in the United " States to a foreign country, through the Panama Canal or otherwise, for the handling of through business between interior points of the United States and such foreign country, the Interstate Commerce Commission may require such rail- way to enter into similar arrangements with any or all other lines of steamships operating from said port to the same foreign country." The orders of the Interstate Commerce Commission re- lating to this section shall only be made upon formal com- plaint or in proceedings instituted by the commission of its own motion and after full hearing. The orders pro- vided for in the two amendments to the Act to regulate commerce enacted in this section shall be served in the same manner and enforced by the same penalties and pro- ceedings as are the orders of the commission made under the provisions of section fifteen of the Act to regulate commerce, as amended June eighteenth, nineteen hun- dred and ten, and they may be conditioned for the pay- ment of any sum or the giving of security for the payment of any sum or the discharge of any obligation which may be required by the terms of said order. sec. 12. All laws and treaties relating to the extradition of persons accused of crime in force in the United States, to the extent that they may not be in conflict with or superseded by any special treaty entered into between the United States and the Republic of Panama with respect to the Canal Zone, and all laws relating to the rendition of fugitives from justice as between the several States :msume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all of its adjuncts, appendants, and appurtenances, including the entire con- trol and government of the ('anal Zone, and during a continuance of such condition the governor of the Panama Canal shall, in all respects and particulars as to the oper- IV\I;T M.I. IOBOE1 I \NI OUB. 457 ation of such Panama Canal, and all duties, matter^, and transactions a Meet ing the Canal Zone, he subject to tin- order and direction of such ollicer of the Army. This Act shall he known as. and referred to a>, the fee. 14, Panama Canal Act, and the right to alter, amend, or ivpeal any or all of its provisions or to extend, modify, or annul any rule or regulation mad* 1 under its authority is expics-ly reserved. Purchases of material and equipment for use in the Iuno 25, looc. construction of the Panama Canal shall he restricted to ''' ' articles of dome-tic production and manufacture, from the lowest responsihle hidder, unless the President t-hall, in any case, deem the hids or tenders therefor to he e\t<,r donate or nnreasonahle. All laws atl'ecting imports of articles. goods, wares, and Mar. -2, r merchandise and entry of persons into the United States from foreign countries shall apply to articles, goods, wares, and merchandise and persons coming from the Canal Zone, Isthmus of Panama, and seeking entry into any State or Territory of the United States or the Dis- trict of Columbia. 424. Great Lakes- Atlantic Canal. The President of the United States is authorized to Mar. 2, isos. appoint, immediately after the passage of this Act, three persons, \vlio shall have power to meet and confer with any similar committee which may be appointeo! by the Government of Great Britain or of the Dominion of Canada, and who shall make inquiry and report whether it is feasible to build such canals as shall enable vessels engaged in ocean commerce to pass to and fro between the Great Lakes and the Atlantic Ocean, with an adequate and controllable supply of water for continual use; where, such canals can he most conveniently located, the prob- able cost of the same, with estimates in detail; and if any part of the same should be built in the territory of Can- ada, what regulations or treaty arrangements will he necessary between the United States and Great Britain to preserve the free use of such canal to the people of this country at all times; and all necessary facts and consid- erations relating to the construction and future use of deep-water channels between the Great Lakes and the Atlantic Ocean. The persons so appointed shall serve, without compensation in any form, but they shall he paid their actual traveling and other necessary expenses, not exceeding in all ten thousand dollars, for which purpose the said sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated. The Presi- dent may, in his discretion, detail as one of such persons an officer of the Army or Xavv. 425. Great Lakes' levels. The President of the United States is hereby requested -in:,.- i.-,, to invite the Government of (Jreat Britain to join in the s<>1 * 458 NAVIGATION LAWS OF THE UNITED STATES. formation of an international commission, to be composed of three members from the United States and three who shall represent the interests of the Dominion of Canada, whose duty it shall be to investigate and report upon the conditions and uses of the waters adjacent to the bound- ary lines between the United States and Canada, includ- ing all of the waters of the lakes and rivers whose natural outlet is by the River Saint Lawrence to the Atlantic Ocean ; also upon the maintenance and regulation of suit- able levels; and also upon the effect upon the shores of these waters and the^structures thereon, and upon the in- terests of navigation, by reason of the diversion of these waters from or change in their natural flow ; and, further, to report upon the necessary measures to regulate such diversion, and to make such recommendations for im- provements and regulations as shall best subserve the in- terests of navigation in said waters. The said commis- sioners shall report upon the advisability of locating a dam at the outlet of Lake Erie, with a view to determin- ing whether such dam will benefit navigation, and if such structure is deemed advisable, shall make recommenda- tions to their respective Governments looking to an agree- ment or treaty which shall provide for the construction of the same, and they shall make an estimate of the prob- able cost thereof. The President, in selecting the three members of said Commission who shall represent the United States, is authorized to appoint one officer of the Corps of Engineers of the United States Army, one civil engineer well versed in the hydraulics of the Great Lakes, and one lawyer of experience in questions of international and riparian law, and said Commission shall be author- i/cd to employ such persons as it may deem needful in the performance of the duties hereby imposed: and for the purpose of paying the expenses and salaries of said Commission the Secretary of War is authori/ed to ex- pend from the amounts heretofore appropriated for the Saint Marys River at the Falls, the sum of twenty thou- sand, dollars, or so much thereof as may be necessary to pay that portion of the expenses of said Commission chargeable to the United States. 426. Employment of vessels of the United States for public purposes. Apr. -X, 1004. Vessels of the United States, or belonging to the United States, and no others, shall be employed in the transpor- tation 'by sea of coal, provisions, fodder, or supplies of any description, pin-chased pursuant to law, for the use of the Army or Navy unless the President shall find that the rates of freight charires by said vessels are excessive and unreasonable, in which c.ise contracts shall be made under the law as it now exists: /'/V//-/VA //, That no greatei charges be made by such vessels for transportation of ar- ticles for the use of the said Army and Navy than are made by such vessels for transportation of like goods for private parties or coinpani 1'Ain \i. i. .MI 459 427. Exemption of private property at sea. It is Hit' SCUM' of tin- ( fongrefiS <>f (In- I'mtrd Stilts (hat T - I: '' s - A ir. it 18 desirable, in (he inten-t ,,|' uniformity <.f action by : ' s> 1; "' l> the maritime .-laics of (he \\orld in time of \\;ir. (hat the President endeavor to bring ;;! out an under landing among (he principal inariniiie powers with a view of in- corporating into the permanent law of ci\di/.cd nations the principle of the exemption of all private property at sea, n<>t contraband of war. from capture or destruction hy belligerents. 428. Hospital ships. Hospital ships, concerning which the conditions set 1V1) - 1} - J 908. forth in articles one, two. and three of the convention concluded at The I labile on July twenty-ninth, eighteen hundred and ninety-nine, for the adaptation to maritime warfare of the principles of the (ieneva convention of August twenty-second, eighteen hundred and sixty-four, are fulfilled, shall, in the ports of the Tinted States and the possessions thereof, he exempted, in time of war. from all dues and taxes imposed on vessels l>y the laws of the United State.-, and from all pilotage charges. The President of the Tinted States shall by proclama- Sec - 2 - tion name the hospital ships to which this Act shall apply, and shall indicate the time 1 when the exemptions herein provided for shall begin and end. 429. Sponge fishing. On and after August fifteenth, anno Domini nineteen Aug> 15> 1914 . hundred and fourteen, it shall be unlawful for any citi/en of the Tnited States, or person owing duty of obedience to the laws of the United States, or any boat or vessel of the United States, or person belonging to or on any such boat or vessel, to take or catch, by any means or method, in the waters of the (lull' of Mexico or the Straits of Florida outside of State territorial limits, any commercial sponges measuring when wet less than five inches in their maximum diameter, or for any person or vessel to land, deliver, cure, offer for sale, or have in possession at any ' port or place in the Tnited States, or on any boat or vessel of the United States, any such commercial spoi, The presence of spoi i diameter of less than iive B inches on any vessel or boat of the Tnited States engaged in sponging in the waters of the Gulf of Mexico or the Straits of Florida outside of State territorial limit-, or the possession of any sponges of less than the said diam- eter sold or delivered by such vessels, shall be prima facie evidence of a violation of this Act. Every person, partnership, or association guilty of a B violation of this Act shall be liable to a fine of not more than $500, and in addition such fine shall be a lien against the vessel or boat on which the offense is committed, and said vessel or boat shall be -ei/ed and proceeded ag;i by process of libel in any court Inning jurisdiction of the offense. 460 NAVIGATION LAWS OF THE UNITED STATES. Sec. 4. A n v violation of this Act shall be prosecuted in the dis- trict court of the United States of the district wherein the offender is found or into which he is first brought. It shall be the duty of the Secretary of Commerce to enforce the provisions of this Act, and he is authorized to empower such officers and employees of the Department of Commerce as he may designate, or such officers and employees of other departments as may be detailed for the purpose, to make arrests and seize vessels and sponges, and upon his request the Secretary of the Treas- ury may employ the vessels of the Revenue Cutter Serv- ice or the employees of the Customs Service to that end. Mar. o, i.iio. -!-, . ,-t n -i i -I For expenses in protecting the sponge fisheries, includ- ing employment of inspectors, watchmen and temporary assistants, hire of boats, rental of office and storage, care of seized sponges and other property, travel, and all other expenses necessary to carry out the provisions of the Act of August fifteenth, nineteen hundred and four- teen, to regulate the sponge fisheries, $2,500. 430. Liens on vessels. June 23, 1910. Any person furnishing repairs, supplies, or other nec- essaries, including the use of dry dock or marine railway, to a vessel, whether foreign or domestic, upon the order of the owner or owners of such vessel, or of a person by him or them authorized, shall have a maritime lien on the vessel which may be enforced by a proceeding in rem, and it shall not be necessary to allege or prove that credit was given to the vessel. Sec. 2. The following persons shall be presumed to have au- thority from the owner or owners to procure repairs, supplies, and other necessaries for the vessel: The man- aging owner, ship's husband, master, or any person to whom the management of the vessel at the port of supply is intrusted. No person tortiously or unlawfully in pos- session or charge of a vessel shall have authority to bind the vessel. Sec. 3. . The officers and agents of a vessel specified in section two shall be taken to include such officers and agents when appointed by a charterer, by an owner pro hac vice, or by an agreed purchaser in possession of the vessel, but nothing in this Act shall be construed to confer a lien when the furnisher knew, or by the exercise of reason- able diligence could have ascertained, that because of the terms of a charter party, agreement for sale of the \ or for any other reason, the person ordering the repairs, supplies, or other necessaries was without authority to bind the vessel therefor. sec. 4. Nothing in this Act shall be construed to prevent a furnisher of repairs, supplies, or other nere -aries from waiving his right to a lien at any time, by agreement or otherwise, and this Act shall not be construed to all'ect the rules of law now existing, either in regard t<> the right PABT \i l. MISCI i i \ 461 to proceed against a \essel for advances, or in regard t<> laches in the enforcement of liens on rasseta. or in regard to tlu priority or rank of liens, or in regard to (lie right to proceed in personam. r riiis Act shall supersede tlir provisions of nil state Soc. 5. statutes conferring liens on vessels in so fur as tin- same purport to create rights of action to l>e enforce.! by j,ro reed ings in rein against vessels for repairs, supplies, and other aecessariea 431. Enforcement of navigation laws. To enable the Secretary of Commerce to provide and Mar. 4, 1915. operate such motor boats and employ thereon such pri- sons as may be necessary for the enforcement, under his direction by customs ollicers. of laws relating to the navi- gation and inspection of vessels, boarding of voxels, and counting of passengers on excursion boats. S-J-_> .()()<). To enable the Secretary of Commerce to employ tern- Mar. 4, 1915. porarily, in addition to those now provided for by law, such other persons as may be necessary, of whom not more than two at any one time may be employed in the District of Columbia, to enforce the laws to pi-event over- crowding of passenger and excursion vessels, and all necessary expenses in connection therewith, $15,000. 432. Licensing- of customhouse brokers. The collector or chief ollicer of the customs at any port J Qne 10 of entry or delivery shall, upon application, issue to any person of good moral character, being :i citi/cn of the United States a license to transact business as a custom- house broker in the collection district in which such license is issued, and on and after sixty day- from the approval of this Act no person shall transact business as a custom-house broker without a license granted in ac- cordance with this provision : but this Act shall not be so construed as to prohibit any pel-son from transacting busi- ness at a custom-house pertaining to his own importations. The collector or chief ollicer of the customs may at any Sec. 2. time, for good and HiHicient reasons, serve notice in writ- ing upon any custom-house broker so licensed to show cause why said license shall not be revoked, which notice shall be in the form of a statement specifically setting forth the grounds of complaint. The collector or chief officer of customs shall within ten days thereafter notify the custom-house broker in writing of a hearing to be held before him within five days upon >aid charges. At -ndi hearing the custom-house broker may be represented by counsel, and all proceedings, including the proof of the charges and the answer thereto, shall be presented, with right of cross-examination to both parties, and a steno- graphic record of the same shall l>e made and a copy thereof shall be delivered to the custom-hou-e broker. At the conclusion of such hearing the collector or chief officer of customs shall forthwith transmit all papers and the stenographic report of the hearing, which shall const i- 462 NAVIGATION LAWS OF THE UNITED STATES. Sec. 3. tute the record in the case, to the Secretary of the Treas- ury for his action. Thereupon the said Secretary of the Treasury shall have the right to revoke the license of any custom-house broker, in which case formal notice shall b'e given such custom-house broker within ten days. Any licensed custom-house broker aggrieved by the de- cision of the Secretary of the Treasury may , within thirty days thereafter, and not afterwards, apply to the United States district court for the district in which the collec- tion district is situated for a review of such decision. Such application shall be made by filing in the office of the clerk of said court a petition praying relief in the premises. Thereupon the court shall immediately give notice in writing of such application to the Secretary of the Treasury, who shall forthwith transmit to said court the record and evidence taken in the case, together with a statement of his decision therein. The filing of such application shall operate as a stay of the revocation of the license. The matter may be brought on to be heard before the said court in the same manner as a motion, by either the United States district attorney or the attorney for the custom-house broker, and the deci- sion of said United States district court for the district in which the collection district is situated shall be upon the merits as disclosed by the record and be final, and" the proceedings remanded to the Secretary of the Treas- ury for further action to be taken in accordance with the terms of the decree. The Secretary of the Treasury shall prescribe regula- tions necessary or convenient for carrying this Act into e fleet. The word person wherever used in this Act shall in- clude persons, copartnerships, associations, joint stock 'iciations and corporations. M.-ir. :;, inn. Hereafter when there is cargo space available without displacing military supplies, transportation | or army transport | may be provided for merchandise of Ameri- can production consigned to residents and mercantile firms of the island of (iiiam. rates and regulations there- for to be prescribed by the Secretary of AYar. 433. Assistance and salvage at sea. AUK. i, mi2. The right to remuneration for assistance or salvage 1 services .-hall not he a fleeted by common ownership of the Is rendering and receiving such assistance or salvage services. The master or person in charge of a vessel shall, so far as he can do so without serious danger to his own \< crew, or passengers, render a--i>tance 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 vears. or both. Sec. 4 Sec. 5. Sec. 2. M.I. insoEi I.\M <>i -in:; Salvors of human life, who ha\e taken |art in the services rendered on the occasion of the accident ji\iiii. r rise lo sal \ai:' i . a IT entitled to a fail* -hare of the mini- m-ration awarded to the salvors of the \rssrl, her Cargo, and accessories. A suit for the recover^ of remuneration for rendering Sec. 4. assistance or salvage services shall not le maintainable if hroii^hl Intel- than two vears from the date when such iiimv or salvage was rendei'ed. unless the court in which the suit is hroiiirht shall le satislied that dui'in^ such period there had not heen any reasonable oppor- tunit y of arrestinir the aisted or salved vessel \\ ithin tin*, jurisdiction of the court or within the territorial waters of the country in which the lihelant resides or lias his principal place of luisin. Nothing in this Act shall he construed as applying to Scc -6. ships of war or to ( Jovernment shi|)s appropriated ex- cliisively to a jmhlic service. 92075 ir. 30 'ART XLIL LEGAL PROCEDUKE. 434. Jurisdiction of district courts. 435. Seizure. 436. Suinnuiry trial. Mnr. P,, 1911. Sec. 45. Sec. 46. 434. Jurisdiction of district courts. tec r "29i 1911 ' Wherever, in any law not embraced within this Act, any reference is made to, or any power or duty is con- ferred or imposed upon, the circuit courts, such reference shall, upon the taking effect of this Act, be deemed and held to refer to, and to confer such power and impose such duty upon, the district courts. 435. Seizure. Proceedings on seizures made on the high seas, for for- feiture under any law of the United States, may be prose- cuted in any district into which the property so seized is brought and proceedings instituted. Proceedings on such seizures made within any district shall be prosecuted in the district where the seizure is made, except in cases where it is otherwise provided. Proceedings for the condemnation of any property cap- tured, whether on the high seas or elsewhere out of the limits of any judicial district, or within any district, on account of its being purchased or acquired, sold or given, with intent to use or employ the same, or to suffer it to be used or employed, in aiding, abetting, or promoting any insurrection against the Government of the United States, or knowingly so used or employed by the owner thereof, or with his consent, may be prosecuted in any district "where the same may be seized, or into which it may be taken and proceedings first instituted. Proceedings on seizures for forfeiture of any vessel or cargo entering any port of entry which has been closed by the President in pursuance of law, or of goods and chattels coming from a State or section declared by proc- lamation of the President to be in insurrection into other parts of the L T nitcd States, or of any vessel or vehicle conveying such property, or conveying persons to or from such State or section, or of any vessel belonging, in whole or in part, to any inhabitant of such State or section, may be prosecuted in any district into which the property so sei/ed may be taken r.nd proceedings instituted: and the district court thereof shall have as full jurisdiction over such proceedings as if the seizure was made in that dis- trict. 464 Sec. 47. PABT \i.ll. LEGAL PBOCBDUBB, 465 When ;Uiy \esscl. goods, \\aiv>. or merchandise :in . II- S-,028. sei/.ed by ;in ollicer of the custom:-., and prosecuted for for- feiture by virtue of any law respect ing t] u . revenue, or the registerinr or recording, or the enrolling and licensing of Is, tlu 1 court shall cause fourteen days' pot ice- to be given of such sei/ure and libel, hy causing the substance of such libel, with the order of the court thereon, setting forth the time and place appointed for trial, to he in sertcd in some newspaper published near the place of sei/ure. and hy posting up the same in the most public manner for the space of fourteen days, at or near the place of trial: and proclamation shall he made in such manner as the court shall direct. And if no person ap- pears and claims such vessels, goods, wares. OF merchan- dise, and gives hond to defend the prosecution thereof and to respond the cost in case he shall not support his claim, the court shall proceed to hear and determine the cause according to law. All vessels, goods, wares, or merchandise which shall he R. S.,93. condemned by virtue of any law respecting the revenue from imports or tonnage, or the registering and record- r the enrolling or licensing of vessels, and for which bonds shall not have been iriven by the claimant, shall be sold by the marshal or other proper ollicer of the court in which condemnation shall be had, to the highest bidder, at public auction, by order of such court, and at such place as the court may appoint, giving at least fifteen days' notice (except in cases of perishable merchandise) in one or more of the public newspapers of the place where such sale shall be: or if no paper is published in such place, in one or more of the papers published in the nearest place thereto: for which advertising, a sum not exceeding five dollars shall be paid. And the amount of such sales, deducting all proper charges, shall be paid within ten days after su-h sale by the persons selling the same to the clerk or other proper ollicer of the court directing such sale, to be by him. after deducting the charges allowed by the court, paid to the collector of the district in which such sei/ure or forfeiture has taken place, as hereinbefore directed. In any cause of admiralty and maritime jurisdiction, or K - s -- ; ' 1 "- other case of seizure, depending in any court 7 vestigate the same, aixl the general natuiv thereof, and if. in his opinion, the < ;<-h aa .-hould U- summarily tried, he shall report the -ame to the district ju<><>n MS the ordinary business of the eonrt \\ ill permit, proceed to try the eail.-e. and for that purpose may. if necessary, hold a special sion of the court, either in term time or vacation. At the summary trial of offences again-t the laws for ' the protection of persons or property engaged in com merce or na\ igat ion, it shall not he nece-sary that the accused shall have Urn previously indicted, hut a state- ment of complaint, verified by oath in writing, shall he the court. setting out the oll'ense, in such manner as clearly to appri>e the accu-cd of the cliaracter of the oll'en.-e comj)lained of. and to enable him to answer the complaint. The complaint or statement shall he read to the accused, who may plead to or answer the same, or make a counter-.-tatement. The trial shall thereupon be proceeded with in a summary manner, and the case shall be decided ly the coiii-t. unless, at the time for pleading or answering. t!ie accused shall demand a jury, in which C the trial shall he upon the complaint and plea of not guilt v. It shall l>e lawful for the court to allow the district u. s., 4302. attorney to amend his statement of complaint at any sta<_ r e of the proceedings, before verdict, if, in the opinion of the court, such amendment will work no injustice to the accused : and if it appears to the court that the accused is unprepared to meet the chariro as amended, and that an adjournment of the cause will promote the ends of justice, such adjournment shall be made, until a further day, to be fixed by the court. At the trial in summary cases, if by jury, the United R - s - 4303 - States and the accused shall each be entitled to three per- emptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers. It shall not be lawful for the court to -entence any per- i: s., 4304. son convicted in such trial to any greater punishment than imprisonment in jail for one year, or to a line exceeding five hundred dollars, or both, in its discretion, in tl. cases where the laws of the United States authorize such imprisonment and line. All the penalties and forfeitures which may be incurred K. s . 4305. for offenses again>t this Title | K. S.. 4131-4305] may be sued for, prosecuted, and recovered in such court, and be disposed of in such manner, as any penalties and for- feitures which may be incurred for ollenses against the laws relating to the collection of duties, except when otherwise expressly prescribed. PART XLIIL CRIMES. 437. Place of trial. 438. Murder. 439. Manslaughter. 440. Assault. 441. liapo. 442. Seduction. 443. Death from negligence, miscon- duct, etc. 444. Mayhem. 445. Robbery. 446. Arson. 447. 448. 449. 450. 451. 452. 453. 454. 455. 456. 457. Larceny. Receiver of stolen property. Miscellaneous offense*. Forgery. Ill treatment of crew. Mutiny. Abandonment of seamen. Barratry. Wrecking. Plundering vessel. Crimes on the (Jroat Lakes. 437. Place of trial. R. S., 730. Mar. 3, 1911. Sec. 42. Sec. 43. tar. 4, 1909. The trial of all offenses committed upon the high seas or elsewhere, put of the jurisdiction of any particular State or district, shall be in the district where the of- fender is found, or into which he is first brought. When any offense against the United States is begun in one judicial district and completed in another, it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein. All pecuniary penalties and forfeitures may be sued for and recovered either in the district where they accrue or in the district where the offender is found. The crimes and offenses defined in this chapter shall be Sec. 272. punished as herein prescribed: 5339? als R " S " First. When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdic- tion of the United States and out of the jurisdiction of any particular State, or when committed within the ad- miralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State on board any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corpora- tion created by or under the laws of the United States, or of any State, Territory, or District thereof. Second. When committed upon any vessel registered. licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the (Ireat Lakes, namely: Lake Superior, Lake .Michigan, Lake Huron, Lake Saint Clair, Lake- Krie, Lake Ontario, or any of the waters connecting any of said lakes, or upon the River Saint Lawrence where the same consti- tutes the International boundary line. Third. When committed within or on any lands re- served or acquired for the exclusive use of the United States, and under the exclusive jurisdiction thereof, or an J place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be. for the erection of a fort, maga/.ine. arsenal, dockyard, or other needful building. 4GS I* MIT MI!!. GRIM I.S. -1() ( .) Fourth. On any inland, rock. the I'nited States. 438. Murder. Murder is (he unlawful killing of a human Win:: with * { ' ( '--~ :i - malice fcforethoUghjt Kxery murder perpet rated by poison, lying in wait, or any other kind of willful, delib- erate, malicious, and premeditated killing: or committed in the perpetration of, or attempt to perpetrate, any ar- son, rape, burglary, or robbery: or perpet rated from a premeditated design unlawfully and maliciously to ell'ect the deatli of any human being other than him who is killed, is murder in the first decree. Any other murder is murder in the second decree. 439. Manslaughter. Manslaughter is the unlawful killing of a human being Kvp^Is'ii s without malice. It is of two kinds: B&4HU First. Voluntary Upon a sudden quarrel or heat of passion. Second. Involuntary In the commission of an unlaw- ful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. Kvery person guilty of murder in the first degree shall f c ; e ;{^ R s suffer death. Every person guilty of murder in the sec- 5340? 5343.' ond degree shall he imprisoned not less than ten years and may be imprisoned for life. Every person guilty of voluntary manslaughter shall be imprisoned not more than ten years. Every person guilty of involuntary man- slaughter shall be imprisoned not more than three years, or fined not exceeding one thousand dollars, or both. 440. Assault. Whoever shall assault another with intent to commit f^^Is'ii s murder, or rape, shall be impri.-oned not more than 6s5S?&&46. twenty years. Whoever shall assault another with intent to commit any felony, except murder, or rape, shall be fined not more than three thou.-aml dollars, or imprisoned not more than ten years, or both. Whoever, with intent to do bodily harm, and without just cause or excuse, shall assault another with a dangerous weapon, instrument, or other thing, shall be fined not more than one thousand dollars, or imprisoned not more than live years, or both. Whoever shall unlawfully strike, beat, or wound another, shall be fined not more than live hundred dollars, or im- prisoned not more than six months, or both. Whoever shall unlawfully assault another, shall be lined not more than three hundred dollars, or imprisoned not more than three months, or both. Whoever shall attempt to commit murder or man- 85w2J*R, s., slaughter, except as provided in the preceding section. 5342. shall be fined not more than cue thousand dollars and im- prisoned not more than three years. 470 NAVIGATION LAWS OF THE UNITED STATES. 441. Rape. Sec. 278. Whoever shall commit the crime ol rape shall suffer Repeals R. S., i ,1 r.:u5. death. sec. 279. Whoever shall carnally and unlawfully know any fe- male under the age of sixteen years, or shall be accessory to such carnal and unlawful knowledge before the fact, shall, for a first offense, be imprisoned not more than fifteen years, and for a subsequent offense be imprisoned not more than thirty years. 442. Seduction. Sec. 280. Every master, officer, seaman, or other person employed 5349? a on board of any American vessel who, during the voyage, under promise of marriage, or by threats, or the exercise of authority, or solicitation, or the making of gifts or presents, seduces and has illicit connection with any fe- male passenger, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both ; but subsequent intermarriage of the parties may be plead- ed in bar of conviction. Sec. 281. When a person is convicted of a violation of the section S " l as t preceding, the court may, in its discretion, direct that the amount of the fine, when paid, be paid for the use of the female seduced, or her child, if she have any; but no conviction shall be had on the testimony of the female seduced, without other evidence, nor unless the indictment is found within one year after the arrival of the vessel on which the offense was committed at the port of its destination. 443. Death from negligence, misconduct, etc. ' R s Every captain, engineer, pilot, or other person em- r..",44, and ' act ployed on any steamboat or vessel, by whose misconduct, Oi> ' negligence, or inattention to his duties on such vessel the sec. 5. life of any person is destroyed, and every owner, chart- erer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both: Provided, That when the owner or charterer of any steamboat or vessel shall l>e a corpora- tion, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steam- boat or ve.-sel. who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct . or violation of law. by which the. life of any person is de- stroyed, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both. 444. Mayhem. Whoever, with intent to maim or disfigure, shall cut, , < . rv , .. i i i 1*11 5848, bite, or slit, the nose. ear. or lip. or cut out or disable the tongue, or put out or destroy an eye. or cut off or dis- I-\l:i \\.l\\. 471 able a liinl) 01- any mem her of another prison : or \\ ho<-\ er, with like intent, shall throw or pour upon another pri- son, any scalding hot water, vitriol, or other eorrosi\e acid, or caustic Mihstuncc whatever, shall lie lined not inoiv than one thousand dollars, or imprisoned not more than seven yours, or hoth. 445. Bobbery. Whoever, l.y force and violence, or by putting in fear, ^;.' |ii .:^- u g shall feloniously take from the person or presence 016870: another anvthing arrack, or any storehouse, harn, or stahle, not parcel of a dwelling house, or any other building not mentioned in the section lust preceding, or any vessel built, building, or undergo- ing repair, or any light-house, or heacon, or any ma- chinery, timber, cables, rigging, or other materials or ap- pliances for building, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any mili- tary, naval, or victualing stores, arms, or other munitions of war. shall be lined not more than five thousand dol- lars and imprisoned not more than twenty years. 447. Larceny. Whoever shall take and carry away, with intent to j*.%r,*J' steal or purloin, any personal property of another, shall r.rVr,'/"'' 1 ' be punished as follows: I f the property taken is of a value exceeding fifty dollars, or is taken from the person of another, by a fine of not more than ten thousand dollars. or imprisonment for not more than ten years, or both: in all other cases, by a line of not more than one thousand dollars, or by imprisonment not more than one year, or both. If the property stolen consists of any evidence of debt, or other written instrument, the amount of money due thereon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be col- lected thereon, or the value of the property the till- which is shown thereby, or the sum "which miirht be re- covered ill the ab.-ence thereof, shall be deemed to be the value of the property stolen. 448. Receiver of stolen property. Whoever shall "buy. receive, or conceal, any money, *'^- sss. goods, bunk notes, or other tliinir which may be the sub- ject of larceny, which has been feloniously taken, stolen. or embe/xled. from any other person, knowing the same to have been so taken, stolen, or embe/./led, shall be fined 472 NAVIGATION LAWS OF THE UNITED STATES. not more than one thousand dollars and imprisoned not more than three years; and such person may be tried either before or after the conviction of the principal offender. 449. Miscellaneous offenses. Re C *el?s'R s Whoever, within the territorial limits of any State, 589i! ea organized Territory, or District, but within or upon any of the places now existing or hereafter reserved or ac- quired, described in section two hundred and seventy-two of this Act, shall do or omit the doing of any act or thing which is not made penal by any law of Congress, but which if committed or omitted within the jurisdiction of the State, Territory, or District in which such place is situated, by the laws thereof now in force would be penal, shall be deemed guilty of a like offense and be subject to a like punishment; and every such State, Territorial, or District law r shall, for the purposes of this section, con- tinue in force, notwithstanding any subsequent repeal or amendment thereof by any such State, Territory, or Dis- trict. 450. Forgery. tepelfs R. s., Whoever shall falsely make, forge, counterfeit, or alter 5423. " any instrument in imitation of, or purporting to be, an abstract or official copy or certificate of the recording, registry, or enrollment of any vessel, in the office of any collector of the customs, or a license to any vessel for car- rying on the coasting trade or fisheries of the United States, or a certificate of ownership, pass, passport, sea letter, or clearance, granted for any vessel, under the authority of the United States, or a permit, debenture, or other official document granted by any collector or other officer of the customs by virtue of his office; or whoever shall utter, publish, or pass, or attempt to utter, publish, or pass, as true, any such false, forged, counterfeited, or falsely altered instrument, abstract, official copy, cer- tificate, license, pass, passport, sea letter, clearance, per- mit, debenture, or other official document herein specified, knowing the same to lie false, forged, counterfeited, or falsely altered, with an intent to defraud, shall be lined not more than one thousand dollars and imprisoned not more than three yeaj-s. 451. Ill treatment of crew. ?VM?HS'R s Whoever, being the master or officer of a vessel of the T>:u7.''' '"' United States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, beats, wounds, or without justifiable cause, imprisons any of the crew of such vessel, or withholds from them suitable f<><:d and nourishment, or indicts upon them any cruel and unusual punishment, shall be xi. 1 1 1. ri;i.M i -17.) lined not inoiv than one thousand dolhirs. or imprisoned not more t!i;in fixe years, or l>otli. Nothing herein con- tained shall lie construed to repeal or modify section forty-six hundred and eleven of the Re\ iscd Statm- 452. Mutiny. Whoever, being of the cre\\ of a vessel of the United Bac.293, State.-, on the high seas, or on any other waters within -';;,'.'," >;ils U ' S ' the admiralty and maritime jurisdiction of the 1'nitcd States. endeavors to make a revolt or mutiny on board such vessel, or comhines. conspires, or confederates with any other person on hoard to make such revolt or mutiny, or solicits, incites, or stirs up any other of the crew to disohey or resist the lawful orders of the master or other ollicer of such vessel, or to refuse or neglect their proper duty on hoard thereof, or to betray their proper trust, or assembles with others in a tumultuous and mutinous man- ner, or makes a riot on board thereof, or unlawfully con- fines the master or other commanding ollicer thereof, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both. AVhoever. being of the crew of a vessel of the United Sec. -".'".. States, on the high seas, or on any other waters within r S eals II - s - the admiralty and maritime jurisdiction of the United ' States, unlawfully and with force, or by fraud, or in- timidation, usurps the command of suoh vessel from the master or other lawful officer in command thereof, or deprives him of authority and command on board, or resists or prevents him in the free and lawful exercise thereof, < r transfers such authority and command to another not lawfully entitled thereto, is guilty of a re- volt and mutiny, and shall be fined not more than two thousand dollars and imprisoned not more than ten years. 453. Abandonment of seamen. Whoever, beinir master or commander of a vessel of Sec. 2on. the United States, while -abroad, maliciously and with- -!,^ eals R - 8>t out justifiable cause forces any oflicer or mariner of such'' ! on shore, in order to leave him behind in any for- eign port or place, or refuses to bring home again all such officers and mariners of such vessel whom he carried out with him, as are in a condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. 454. Barratry. Whoever, on the high seas, or within the United States, Sec. 2:10. willfully and corruptly conspires, combines, and con- J.^J 1 ' ' :lls u SM federates with any other person, such other person be- ing either within 'or without the United States, to cast away or otherwise destroy any vessel, with intent to in- jure any person that may have underwritten or may 474 NAVUIATIOX LAWS OF THK UNITED STATES. thereafter underwrite any policy of insurance thereon or on goods on board thereof, or with intent to injure any person that has lent or advanced, or may lend or advance, any money on such vessel on bottomry or respondentia; or whoever, within the United States, builds, or fits out, or aids in building or fitting out, any vessel with intent that the same be cast away or destroyed, with the intent hereinbefore mentioned, shall be fined not more than ten thousand dollars and imprisoned not more than ten years. 455. Wrecking-. Sec. 297. Whoever plunders, steals, or destroys any money, goods, 535?. eals R * S '' merchandise, or other effects, from or belonging to any vessel in distress, or wrecked, lost, stranded, or cast away, upon the sea, or upon any reef, shoal, bank, or rocks of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States, shall be fined not more than five thousand dollars and imprisoned not more than ten years; and whoever willfully obstructs the escape of any person endeavoring to save his life from such vessel, or the wreck thereof ; or whoever holds out or shows any false light, or extinguishes any true light, with intent to bring any vessel sailing upon the sea into danger, or distress, or shipwreck, shall be impris- oned not less than ten years and may be imprisoned for life. 456. Plundering- vessel. Sec. 298. Whoever, upon the high seas or on any other waters 5?of eal R ' S '* within the admiralty and maritime jurisdiction of the United States, by surprise or by open force, maliciously attacks or sets upon any vessel belonging to another, with an intent unlawfully to plunder the same, or to despoil any owner thereof of any moneys, goods, or merchandise laden on board thereof, shall be fined not more than five thousand dollars and imprisoned not more than ten years. Bec.299. Whoever, upon the high seas or on any other waters J:;:j, M>!l!s K - s -- within the admiralty and maritime jurisdiction of the Tnited States, and out of the jurisdiction of any particu- lar State, breaks or enters any vessel, with intent to commit any felony, or maliciously cuts, spoils, or de- stroys any cordage, cable, buoys, buoy-rope, head-fast, or other fast, fixed to the anchor or moorings belonging to any vessel, shall be lined not more than one thousand dollars and imprisoned not more than live years. Sec. 300. Whoever, upon the high seas or on any other water< K - s - within the admiralty and maritime jurisdiction of the United States, willfully and corruptly casts away or otherwise deMmys any 768861, of which he is owner, in whole or in part, with intent to prejudice any person that may underwrite any policy of insurance thereon, or any merchant that may have goods thereon, or any other owner of such vessel, shall be imprisoned for life or for any term of years. r.\i;T \i. in. OBIMBS, 475 \Yhoevcr, not l.cinir ;n owner, upon (he \\\\\ seas or on any other waters within the admiralty and maritime pi risdiction of the I'nited States, willfully and corruptly ca>t> away or otherwise destroys any 768861 of the I'nited Stales to which he belongs, or. willfully, with intent to destroy the same, -ets lire to any such ve-sel. or othei \ attempts the dest ruction thereof, shall be imprisoned not more than ten years. The words " vessel of the United States." whcrc\ cr they Bee, 310. occur in this chapter, shall he construed to mean a \ he|onrinr in whole or in part to the I'nited State-, or any citi/en thereof, or any corporation, created \>y or under the laws of the Tinted States, or of any &tate, Territory, or District tliereof. 457. Crimes on the Great Lakes. Kvery person who shall, upon any vessel registered or sept. 4, 1890. enrolled under the laws of the United States, and bein^ on a voyage upon the waters of any of the (ireat Lakes, namely. Lake Superior. Lake Michipm, Lake Huron, Lake Saint ('lair. Lake Krie. Lake ( hitario, or any of the waters connecting any of the said lakes, commit or be . p. 408.] PART XUV. PIRACY. R. S., 4293. R. S., 4294. R. S., 4295. 458. Piracy. | 459. Crimes deemed piracy. 458. Piracy. The President is authorized to employ so many of the public armed vessels as in his judgment the service may require, with suitable instructions to the commanders thereof in protecting the merchant vessels of the United States and their crews from piratical aggressions and depredations. The President is authorized to instruct the commanders of the public armed vessels of the United States to sub- due, seize, take, and send into any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have at- tempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel ; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas. The commander and crew of any merchant-vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and capture the same; and may also retake, any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States. Whenever any vessel, which shall have been built, pur- chased, fitted out in whole or in part, or held for the pur- pose of being employed in the commission of any piratical aggression, .search, restraint, depredation, or sei/ure. or in the commission of any other act of piracy as defined by the law of nations, or from which any piratical aggres- sion, search, restraint, depredation, or seizure shall have been first attempted or made, is raptured and brought into or Captured in any port of the 1'nited States, the same shall be adjudged and condemned to their use. and that of the captors after due process and trial in any 476 R. R., 4290. I'AIIT \|.!V. PIEAOY, 477 court having admiralty jurisdiction, and which shall be holden for the district into which such raptured \ shall he brought: and the same court idiall thereupon order a sale and distrihut ion thereof accordingly. and at its discretion. Any vessel built, purchased, lilted out in whole or in I: - s part, or lield for the purpose of being employed in the commission of any piratical aggression. search, restraint, depredation, or sci/.ure. or in the commission of any other act of piracy. as defined by the law of nations, shall he liable to be captured and brought into any port of the Tinted States if found upon the high seas, or to be sei/ed if found in port or place within the Tinted States. whether the same shall have actually sailed upon any piratical expedition or not. and whether any act of piracy shall have been committed or attempted upon or from such ves>el or not : and any such vessel may be adjudged and condemned, if captured by a vessel authorized as hereinafter mentioned, to the use of the United States and to that of the captors, and if seized by a collector, surveyor, or marshal, then to the use of the United States. The President is authorized to instruct the commanders R- s., 4298. of the public armed vessels of the United States, and to authorize the commanders of any other armed vessels sail- ing under the authority of any letters of marque and reprisal granted by Congress, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as mentioned in the preceding section. The collectors of the several ports of entry, the survey- R - s - 4299 - ors of the several ports of delivery, and the marshals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, litted out, or held as mentioned in section forty-two hundred and ninety-seven, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as provided by that section. 459. Crimes deemed piracy. Whoever, on th<> high seas, commits the crime of piracy Mnr - *. 1909 - as defined by the law of nations, and is afterwards JjJj^JJ'n s brought into or found in the United States, shall be im- 5368. prisoned for life. Whoever, being a seaman, lays violent hands upon his s > 0<> - 2f(4 - > commander, thereby to hinder and prevent his fighting in waS?** defense of his vessel or the goods intrusted to him. i- a pirate, and shall be imprisoned for life. Whoever, being engaged in any piratical cruise, or en- Sec. 302. terprise, or being oi the crew of any piratical vessel. Jfi 1 p' lls R - s - lands from such vessel, and on shore commits robbery, is a pirate, and shall be imprisoned for life. 478 NAVIGATION LAWS OF T 1 1 K [TOTTED STATES. Sec. 304. Whoever, being a citizen of the United States, commits 5373. eal R ' S " any murder or robbery, or any act or hostility against the United States, or against any citizen thereof, on the high seas, under color of any commission from any foreign prince, or state, or on pretense of authority from any per- son, is, notwithstanding the pretense of such authority, a pirate, and shall be imprisoned for life, sec. 305. Whoever, being a citizen or subject of any foreign state, 537T eals R ' S " i s f un d and taken on the sea making war upon the United States, or cruising against the vessels and prop- erty thereof, or of the citizens of the same, contrary to the g revisions of any treaty existing between the United tates and the state of which the offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is guilty of piracy, and shall be imprisoned for life, sec. see. Whoever, being a captain or other officer or mariner of ^383 eals R ' S '' a vesse l upon the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, piratically or feloniously runs away with such ves- sel, or with any goods or merchandise thereof , to the value of fifty dollars, or who yields up such vessel voluntarily to any pirate, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both, sec. 307. Whoever attempts or endeavors to corrupt any com- 538? eals R * S '' niander, master, officer, or mariner to yield up or to run away with any vessel, or with any goods, wares, or mer- chandise, or to turn pirate, or to go over to or confederate with pirates, or in any wise to trade with any pirate, knowing him to be such, or furnishes such pirate with any ammunition, stores, or provisions of any kind, or fits out any vessel knowingly and, with a design to trade with, supply, or correspond with any pirate or robber upon the seas; or whoever consults, combines, confederates, or cor- responds with any pirate or robber upon the seas, know- ing him to be guilty of any piracy or robbery : or whoever, being a seaman, confines the master of any vessel, shall be fined not more than one thousand dollars and imprisoned not more than three years. sec. 310. The words " vessel of the United States," wherever they occur in this chapter, shall be construed to mean a vessel belonging in whole, or in part to the United States, or any citizen thereof, or any Corporation created by or under the laws of the ( Tiited States, or of any State. Territory, or District thereof. PART XI, V. PKOTECTION OF SUBMAKINE CABLES. 460. Protection of submarine cables Any person who shall willfully and wrongfully break Feb. 29, 1888. or injure, or attempt to break or injure, or who shall in any manner procure, counsel, aid, abet, or be accessory to such breaking or injury, or attempt to break or injure, a submarine cable, in such manner as to interrupt or em- barrass, in whole or in part, telegraphic communication, shall he guilty of a misdemeanor, and, on conviction thereof, shall be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding five thou- sand dollars, or to both fine and imprisonment, at the discretion of the court. Any person who by culpable negligence shall break or sec. 2. injure a submarine cable in such manner as to interrupt or embarrass, in whole or in part, telegraphic communi- cation, shall be guilty of a misdemeanor, and, on convic- tion thereof, shall be liable to imprisonment for a term not exceeding three months, or to a fine not exceeding five hundred dollars, or to both fine and imprisonment, at the discretion of the court. The provisions of the foregoing sections shall not ap- sec. 3. ply to a person who breaks or injures a cable in an effort to save the life or limb of himself or of any other person, or to save his own or any other vessel : Provided, That he takes reasonable precautions to avoid such breaking or injury. The master of any vessel which, while engaged in lay- sec. 4. ing or repairing submarine cables, shall fail to observe the rules concerning signals that have been or shall here- after be adopted by the parties to the convention with a view to preventing collisions at sea ; or the master of any vessel that, perceiving, or being able to perceive the said signals displayed upon a telegraph ship engaged in re- pairing a cable, shall not withdraw to or keep at a dis- tance of at least one nautical mile; or the master of any vessel that seeing or being able to see buovs intended to mark the position of a cable when being laid or when out of order or broken, shall not keep at a distance of at least a quarter of a nautical mile, shall be guilty of a misde- meanor, and on conviction thereof, shall be liable to im- prisonment for a term not exceeding one month, or to a fine of not exceeding five hundred dollars. 92075 15 31 470 480 NAVIGATION LAWS OF THE UNITED STATES. sec. 5. The master of any fishing vessel who shall not keep his implements or nets at a distance of at least one nautical mile from a vessel engaged in laying or repairing a cable ; or the master of any fishing vessel who shall not keep his implements or nets at a distance of at least a quarter of a nautical mile from a buoy or buoys intended to mark the position of a cable when being laid or when out of order or broken, shall be guilty of a misdemeanor, and on con- viction thereof, shall be liable to imprisonment for a term not exceeding ten days, or to a fine not exceeding two hundred and fifty dollars, or to both such fine and impris- onment, at the discretion of the court : Provided, however, That fishing vessels, on perceiving or being able to perceive the said signals displayed on a telegraph ship, shall be allowed such time as may be necessary to obey the notice thus given, not exceeding twenty-fours hours, during which period no obstacles shall be placed in the way of their operations. sec. e. For the purpose of carrying into effect the convention, a person commanding a ship of war of the United States or of any foreign state for the time being bound by the convention, or a ship specially commissioned by the Gov- ernment of the United States or by the Government of such foreign state, may exercise and perform the duties vested in and imposed on such officer by the convention. sec. 7. Any person having the custody of the papers necessary for the preparation of the statements provided for in article ten of the convention who shall refuse to exhibit them or shall violently resist persons having authority according to article ten of said convention to draw up statements of facts in the exercise of their functions, shall be guilty of a misdemeanor, and on conviction thereof shall be liable to imprisonment not exceeding two years, or to a fine not exceeding five thousand dollars, or to both fine and imprisonment, at the discretion of the court. sec. 8. The penalties provided in this act for the breaking or injury of a submarine cable shall not be a bar to a suit for damages on account of such breaking or injury. sec. o. When an offense against this act shall have been com- mitted by means of a vessel, or of any boat belonging to a vessel, the master of such vessel shall, unless some other person is shown to have been in charge of and navigating such vessel or boat, be deemed to have been in charge of and navigating the same, and be liable to be punished accordingly. sec. 10. Unless the context of this act otherwise requires, the term " vessel " shall be taken to mean every description of vessel used in navigation, in whatever way it is propelled; the term " master" shall be taken to include every person having command or charge of a vessel; and the term " person " to include a body of persons, corporate or in- corporate. The term "convention" shall be taken to PART \i .V. PROTECTION OF SUBMAIIIM. OAB] I -iSl mean the International Convention for the Protect ion of Submarine ('aides, made at Paris on the fourteenth day of May. eighteen hundred and eighty-four, and proclaimed by the President of the Tinted State- on the twenty second day of May. eighteen hundred and eighty-five. The provisions of the lve\ i>ed Statutes, from section .-,-. 11. forty-three hundred to section forty-three hundred and live, inelusive, for the summary trial of oll'enses airainst the navigation law> of the Tinted States. .-hall extend {<> the trial of oll'enses against the provisions of sections four and live of this act. The provisions of this act .-hall he held to apply only to s " r - ] ~- eahles to which the convention for the time heinjj applies. The district courts of the Tinted States shall have s ""' i:; ' jurisdiction over all oll'enses airainst this act and of all suits of a civil nature arising thereunder, whether the infraction complained of shall have been committed within the territorial waters of the United States or out- side of the said waters: Pruc'nhd. That in case such infraction is committed outside of the territorial waters of the United States the vessel on board of which it has been committed is a vessel of the United States. From the decrees and judgments of the district courts in actions and suits a rising under this act appeals and writs of error shall be allowed as now provided by law in other cases. Criminal actions and proceedings f<>i' ^ violation of the provisions of this act shall be commenceol and prosecuted in the district court for the district within which the offense was committed, and when not committed within any judicial district, then in the district court for the dis- trict within which the offender may be found; and suits of a civil nature may be commenced in the district court for any district within which thfc defendant may be found and shall be served with process. PART XLVL ADMINISTRATIVE AND EXECUTIVE OFFICES. 469. Life-Saying Service. 470. Coast Guard. 471. Bureau of Light-Houses. 472. Treasury agents. 473. Alaska seal agents. 474. Coast and Geodetic Survey. 475. District court commissioners. 476. Unauthorized services. 461. Department of Commerce. 462. Bureau of Navigation. 463. Shipping commissioners. 464. Customs officers. 465. Steamboat-Inspection Service. 466. Public Health Service. 467. Immigration and Naturalization Bureau. 468. Coast Guard. 461. Department of Commerce. Feb. 14, 1903. There shall be at the seat of government an executive department to be known as the Department of Com- merce, and a Secretary of Commerce, who shall be the head thereof, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall receive a salary of twelve thousand dollars per annum, and whose term and tenure of office shall be like that of the heads of the other Executive Departments; and section one hundred and fifty-eight of the Revised Statutes is hereby amended to include such Department, and the provisions of title four of the Revised Statutes, including all amendments thereto, are hereby made appli- cable to said Department. The said Secretary shall cause a seal of office to be made for the said Department of such device as the President shall approve, and judicial notice shall be taken of the said seal. There shall be in said Department an Assistant Secre- tary of Commerce, to be appointed by the President, who shall receive a salary of five thousand dollars a year. He shall perform such duties as shall be prescribed by the Secretary or required by 'law. There shall also be one chief clerk and a disbursing clerk and such other clerical a i>(ants as may from time to time be authorized by Con- gress; and the Auditor for the State and other Depart- ments shall receive and examine all accounts of salaries and incidental expenses of the office of (he Secretary of Commerce, and of all bureaus and offices under his direc- tion, all accounts relating to the Light- 1 louse Board, Steamboat-Inspection Service, Navigation. Alaskan fur- seal fisheries, the National liureau of Standards. Coast and (ieodetic Survey, Census, Fish Conmii>sion and to all other business within the jurisdiction of the Depart- ment of Commerce, and certify the balances arising thereon to the l)i vision of Bookkeeping and \Yarrants and send forthwith a copy of each certificate to the Sec- retary of Commerce. see's 14 ' 19 3 ' ^ shall be the province and duty of said Department to foster, promote, and develop the foreign and domestic commerce, the mining, manufacturing, shipping, and fish- ery industries, the labor interests, and the transportation 482 Sec. 2. Mar. 4, 1913. I'UIT \I.VL-.\hMINISTI.\ll\! \N|. IA1.M ll\l. OFFICES. facilities of the 1'nitcd Sin to: ;i in I to this end it shall be nested with jurisdiction and conti-ol of the depart mcnts, bureaus, offices, and branches of the public service here- inafter specified, and with such other powers and duties as may he preserihed hy law. All unexpended appropria- tions, which shall he availahle at the time when this Act takes effect, in relation to the various offices, hureaiis, divisions, and other hranchcs of the puhlic service, which shall, hy this Act. he transferred to or included in the Department of Commerce, or which may hereafter, in accordance with the provisions of this Act. he so trans- ferred, shall become availahle. from the time of such transfer, for expenditure in and hy the. Department of Commerce and shall he- treated the same as though said hranches of the puhlic service had hcen directly mimed in the laws making said appropriations as parts of the Department of Commerce, under the direction of the Secretary of said Department. The following-named offices, bureaus, divisions, and sec.4. branches of the. puhlic service, now and heretofore under Mar> 4 1913 - the jurisdiction of the Department of the Treasury, and all that ] KM -tains to the same, known as the Light-House Board, the Light-House Kstablishment, the Steamboat- Inspection Service, the Bureau of Navigation, the United States Shipping Commissioners, the National Bureau of Standards, the Coa-t and Geodetic Survey, and the Bu- reau of Statistics, be, and the same hereby are, transferred from the Department of the Treasury to the Department of Commerce, and the same shall hereafter remain under the jurisdiction and supervision of the last-named De- partment : and that the Census Office, and all that per- tains to the same, be, and the same hereby is, transferred from the Department of the Interior to the Department of Commerce, to remain henceforth under the jurisdic- tion of the latter: that the Fish Commission, and the Office of Commissioner of Fish and Fisheries, and all that pertains to the same, be, and the same hereby are, placed under the jurisdiction and made a part of the Department of Commerce; that the Bureau of Foreign Commerce, now in the Department of State, be and the same hereby is, transferred to the Department of Commerce and consolidated with and made a part of the Bureau of Statistics, hereinbefore transferred from the Department of the Treasury to the Department of Com- merce, and the two shall constitute one bureau, to be called the Bureau of Statistics, with a chief of the bu- reau ; and that the Secretary of Commerce shall have con- trol of the work of gathering and distributing statistical information naturally relating to the subjects confide-l to his Department ; and the Secretary of Commerce is hereby given the power and authority to rearrange the statis- tical work of the bureaus and offices confided to said Department, and to consolidate any of the statistical bureaus and offices transferred to said Department; and said Secretary shall also have authority to call upon other 484 NAVIGATION LAWS OF THE UNITED STATES. Departments of the Government for statistical data and results obtained by them; and said Secretary of Com- merce may collate, arrange, and publish such statistical information so obtained in such manner as to him may seem wise. The official records and papers now on file in and per- taining exclusively to the business of any bureau, oflice, department, or branch of the public service in this Act transferred to the Department of Commerce, together with the furniture now in use in such bureau, office, department, or branch of the public service, shall be, and hereby are, transferred to the Department of Commerce. Aug. 23, 1912. rp he Bureau of Manufactures and the Bureau of Sta- tistics, both of the Department of Commerce, are hereby consolidated into one bureau to be known as the Bureau of Foreign and Domestic Commerce, to take effect July first, nineteen hundred and twelve, and the duties re- quired by law to be performed by the Bureau of Manu- factures and the Bureau of Statistics are transferred to and shall after that date be performed by the Bureau of Foreign and Domestic Commerce. Those certain duties of the Department of Labor, or Bureau of Labor, contained in section seven of the Act approved June thirteenth, eighteen hundred and eighty- eight, that established the same, which especially charged it "to ascertain, at as early a date as possible, and whenever industrial changes shall make it essential, the cost of producing articles at the time dutiable in the United States, in leading countries where such arti- cles are produced, by fully specified units of production, and under a classification showing the different elements of cost, or approximate cost, of such articles of produc- tion, including the wages paid in such industries per day. week, month, or year, or by the piece; and hours em- ployed per day; and the profits of manufacturers and producers of such articles; and the comparative cost of living, and the kind of living; what articles a re controlled by trusts or other combinations of capital, business opera- tions, or labor, and what effect said trusts, or other com- binations of capital, business operations, or labor have on production and prices." are hereby transferred to and shall hereafter be discharged by the Bureau of Foreign and Domestic Commerce, and it shall be also the duty of said litireau of Foreign and Domestic Commerce to make such special investigation and report on particular sub- jects when required to do so by the President or either House of Congn Feb. 14, 1903. * * * * * ec. 5. And all consular officers of the United Stale-, includ- ing consul-general, consuls, and commercial agents, are hereby required, and it is made a part of their duty, under the direction of the Secretary of State, to gather and compile, from time to time, useful and material in- formation and statistics in respect to the subjects enu- PART XLVI. ADMINISTRATIVE AND I.XECUTIVE, OFFICES. 485 meratcd in section three of this Act in the countries and places to which such consular officers tire accredited, and to send, under the direction of the Secretary of State, re- ports as often as required by the Secretary of Commerce of the information and statistics thus gathered and com- piled, such reports to be transmitted through the State Department to the Secretary of the Department of Com- merce. The jurisdiction, supervision and control now possessed JJJ- 7 14> 1903 - and exercised by the Department of the Treasury over the Mai-. 4, 1913. fur-seal, salmon and other fisheries of Alaska and over the immigration of aliens into the United States, its waters, territories and any place subject to the juris- diction thereof, are hereby transferred and vested in the Department of Commerce: Provided, That nothing contained in this Act shall be construed to alter the method of collecting and accounting for the head-tax prescribed by section one of the Act entitled " An Act to regulate immigration," approved August third, eighteen hundred and eighty-two. That the authority, power and jurisdiction now possessed and exercised by the Secretary of the Treasury by virtue of any law in relation to the exclusion from and the residence within the United States, its territories and the District of Columbia, of Chinese and persons of Chinese descent, are hereby trans- ferred to and conferred upon the Secretary of Labor, and the authority, power and jurisdiction in relation thereto now vested by law or treaty in the collectors of customs and the collectors of internal revenue, are hereby con- ferred upon and vested in such officers under the control of the Commissioner-General of Immigration, as the Sec- retary of Labor may designate therefor. [NOTE. Sec- tion 7, Immigration transferred to Department of Labor, March 4, 1913.] The Secretary of Commerce shall annually, at the close sec. 8. of each fiscal year, make a report in writing to Congress, giving an account of all moneys received and disbursed by him and his Department, and describing the work done by the Department in fostering, promoting, and developing the foreign and domestic commerce, the min- ing, manufacturing, shipping, and fishery industries, and the transportation facilities, of the United States, and making such recommendations as he shall deem necessary for the effective performance of the duties and purposes of the Department. He shall also from time to time make such special investigations and reports as he may be required to do by the President, or by either House of Congress, or which he himself may deem necessary and urgent. ***** All laws prescribing the work and defining the duties Sec. 9. of the several bureaus, offices, departments, or branches of the public service by this Act transferred to and made a part of the Department of Commerce shall, so far as the 486 NAVIGATION LAWS OF THE UNITED STATES. same are not in conflict with the provisions of this Act, remain in full force and effect until otherwise provided by law. sc. 10. All duties performed and all power and authority now possessed or exercised by the head of any executive de- partment in and over any bureau, office, officer, board, branch, or division of the public service by this Act transferred to the Department of Commerce, or any business arising therefrom or pertaining thereto, or in relation to the duties performed by and authority con- ferred by law r upon such bureau, officer, office, board, branch or division of the public service, whether of an appellate or revisory character or otherwise, shall here- after be vested in and exercised by the head of the said Department of Commerce. All duties, power, authority and jurisdiction, whether supervisory, appellate or otherwise, now imposed or con- ferred upon the Secretary of the Treasury by Acts of Congress relating to merchant vessels or yachts, their measurement, numbers, names, registers, enrollments, licenses, commissions, records, mortgages, bills of sale, transfers, entry, clearance, movements and transportation of their cargoes and passengers, owners, officers, seamen, passengers, fees, inspection, equipment for the better security of life, and by Acts of Congress relating to tonnage tax, boilers on steam vessels, the carrying of in- flammable, explosive or dangerous cargo on vessels, the use of petroleum or other similar substances to produce motive power and relating to the remission or refund of fines, penalties, forfeitures, exactions or charges incurred for violating any provision of law relating to vessels or seamen or to informer's shares of such fines, and by Acts of Congress relating to the Commissioner and Bureau of Navigation, Shipping Commissioners, their officers and employees, Steaml3oat-Inspection Service and any of the officials thereof, shall be and hereby are transferred to and imposed and conferred upon the Secretary of Com- merce from and after the time of the transfer of the Bu- reau of Navigation, the Shipping Commissioners and the Steamboat Inspection Service to the Department of Commerce, and shall not thereafter be imposed upon or exercised by the Secretary of the Treasury. And all Acts or parts of Acts inconsistent with this Act are, so far as inconsistent, hereby repealed. 462. Bureau of Navigation. July 5, 1884. There shall be in the Department of Commerce a Bu- SSoLVlo. 1>e au of Navigation, under the immediate charge of a Commissioner of Navigation. The Commissioner of Navigation, under the direction of the Secretary of Commerce, shall have general super- intendence of the commercial marine and merchant sea men of the United States, so far as vessels and seamen are not, under existing laws, subject to the supervision of anv other officer of the Government. July 5, 1884. Feb' 2 i4 1903 Sees. 4,'io. ' PART xi.vi. ADMIMSTI: \M\T. \ \ i> EXECUTIVE OFFICES. 487 lie shall IK' specially charged with the decision of nil questions relating to the issue of registers, enrollments, and licenses of vessels, and to the liling and preserving <>' those documents: and wherever in title forty-eight) K. S., 4131-l:'>0:>| or fifty [ K. S.. 4811 HlX)] of the Revised Statutes any of the above-named documents are required to be surrendered or returned to the Register of the Treasury, such requirement is hereby repealed, and such documents shall he surrendered and returned to the Com- missioner of Navigation. Said Commissioner shall have charge of all similar documents now in the keeping of the Register of the Treasury, and shall perform all the duties hitherto devolved upon said Register relating to navi- gation. The Commissioner of Navigation shallbe charged with J^y ,r>, iH84. the supervision of the laws relating to the admeasure- ment of vessels, and the assigning of signal letters thereto, and of designating their official number; and on all questions of interpretation growing out of the execu- tion of the laws relating to these subjects, and relating to the collection of tonnage tax, and to the refund of such tax when collected erroneously or illegally, his decision shall be final. The Commissioner of Navigation shall annually pre- Sec. 4. pare and publish a list of vessels of the United States belonging to the commercial marine, specifying the offi- cial number, signal letters, names, rig, tonnage, home port, and place and date of building of every vessel, dis- tinguishing in such list sailing-vessels from such as may be propelled by steam or other motive power. Upon affidavit by a reputable shipbuilder of the United July o, 1012. States that an unrigged wooden vessel of the United States has been rebuilt, giving the date and place of such rebuilding, is sound and free from rotten or doted wood in structural parts, properly fastened and calked and in strength and seaworthiness as good as new, the Commis- sioner of Navigation shall include in the List of Merchant Vessels a notation to that effect. He shall also report annually to the Secretary of Com- July r,, 1884. merce the increase of vessels of the United States, by FH,'. Vi, 1003. building or otherwise, specifying their number, rig, and Socs - 4 - lu motive power. He shall also investigate the operations of the laws relative to navigation, and annually report to the Secretary of Commerce such particulars as may, in his judgment, admit of improvement or may require amendment. The Commissioner of Navigation shall, under the direc- July 5, iss4. tion of the Secretary of Commerce, be empowered to Keb. 5 i4, 1908. change the names of vessels of the United States, under such restrictions as may have been or shall be prescribed by act of Congress. The Commissioner of Navigation shall be appointed by July 5, 1884. the President of the United States, by and with the Sec ' 6 ' advice and consent of the Senate, and shall receive a NAVIGATION LAWS OF THE >TA r salary of four thousand dollars per annum. And the Secretary of Commerce shall have power to transfer Feb. 14, 1903. from existing Bureaus or divisions of the Department of Commerce one clerk, to be designated as deputy commis- sioner of navigation, to act with the full powers of said Commissioner during his temporary absence from his official duty for any cause. 463. Shipping commissioners. u. s., 4501. The Secretary of Commerce shall appoint a commis- sec^? 6 ' 1884 ' sioner for each port of entry, which is also a port of ocean Feb. 14, 1903. navigation, and which, in his judgment, may require the Mar.' 4* 1911. same; such commissioner to be termed a shipping com- missioner, and may, from time to time, remove from office any such commissioner whom he may have reason to believe does not properly perform his duty, and shall then provide for the proper performance of his duties until another person is duly appointed in his place: Pro- vided, That Shipping Commissioners now in office shall continue to perform the duties thereof until others shall be appointed in their places. Shipping Commissioners shall monthly render a full, exact, and itemized account of their receipts and expenditures to the Secretary of Commerce, who shall determine their compensation, and shall from time to time determine the number and com- pensation of the clerks appointed by such commissioner, with the approval of the Secretary of Commerce, sub- ject to the limitations now fixed by law. The Secre- tary of Commerce shall regulate the mode of conducting business in the shipping offices to be established by the shipping commissioners as hereinafter provided, and shall have full and complete control over the same, sub- ject to the provisions herein contained ; and all expendi- June 19, 1886. tures by shipping commissioners shall be audited and .i.'-r'.'a 1 . 4 ' 1J ' n at ^' s <>wn proper cost, and may, in case of neces- sity, depute such clerks to act for him in his official capacity; but the shipping-commissioner shall be held PAirr XI. VI. ADMINISTRATIVE AND KXKCI'TIVK OFFICES. 489 re.-ponsible for the acts of every such clerk or deputy, and will he personally liahle for any penalties such clerk or deputy niav incur hv the violation of anv of the pro- visions of this Title [11. S., 4501-4613 1 ; and' all acts done by a clerk, as such deputy, shall he as valid and binding as if done by the shipping-commissioner. Kach shipping-commissioner shall provide a seal with it. s., 4506. which he shall authenticate all his oflicial acts, on which seal shall be engraved the arms of the United States, and the name of the port or district for which he is commis- sioned. Any instrument, either printed or written, pur- porting to be the official act of a shipping-commissioner, and purporting to be under the seal and signature of such shipping-commissioner, shall be received as presumptive evidence of the oflicial character of such instrument, and of the truth of the facts therein set forth. The Secretary of Commerce shall assign in public \V-n-" ;>ir 'Ysi7 buildings or otherwise procure suitable offices and rooms i !>'.' i"i, loos. for the shipment and discharge of seamen, to be known s as shipping commissioners' offices, and shall procure fur- niture, stationery, printing, and other requisites for the transaction of the business of such offices. In no case shall the salary, [fees, and emoluments] of T / s " 1 4 , any officer appointed under this Title [K. S., 4501-4613] be more than live thousand dollars per annum [ ; and any additional fees shall be paid into the Treasury of the United States]. 464. Customs officers. At each of the ports to which there are appointed a us., 2621. collector, naval officer, and surveyor, it shall be the duty of the collector : First. To receive all reports, manifests, and documents to be made or exhibited on the entry of any ship or vessel, according to the regulations of this Title [R. S., 2517- 3129]. Second. To record, in books to be kept for that pur- pose, all manifests. Third. To receive the entries of all ships or vessels, and of the goods, wares, and merchandise imported in them. Fourth. To estimate, together with the naval officer where there is one, or alone where there is none, the amount of the dues payable thereupon, indorsing such amount upon the respective entries. Fifth. To receive all moneys paid for duties, and take all bonds for securing the payment thereof. Sixth. To grant all permits for the unlading and deliv- ery of .goods. Seventh. To employ, with the approval of the Secre- tary of the Treasury, proper persons as weighers, gangers, measurers, and inspectors at the several ports within his district. Eighth. To provide, with the like approval, at the public expense, store-houses for the safe-keeping of goods, and such scales, weights, and measures as may be nec- essary. 490 NAVIGATION LAWS OF THE UNITED STATES. R. S., 2622. U. S.,2623. U. S., 2624. R. S., 2625. R. S., 2626. K. S.. 2627. At ports to which a collector and surveyor only are ap- pointed, the collector shall solely execute all the "duties in which the co-operation of the naval officer is requisite at the ports where a naval officer is appointed. And he shall act in like manner in case of the disability or death of the naval officer, until a successor is appointed, unless there is a deputy duly authorized under the hand and seal of the naval officer, who in that case shall continue to act until an appointment is made. At ports to which a collector only is appointed, the collector shall solely execute all the duties in which the co-operation of the naval officer is requisite, at ports where a naval officer is appointed, and he shall also, as far as may be, perform all the duties prescribed for surveyors at ports where surveyors are authorized. At ports of delivery to which no surveyor is appointed, and at such ports only, the collector may, from time to time, when it is necessary, employ a proper person to per- form the duties of a surveyor; who shall be entitled to the like compensation with an inspector during the time he is employed. In case of the disability or death of a collector, the duties and authorities vested in him shall devolve on his deputy, if any there be at the time of such disability or death, for whose conduct the estate of such disabled or deceased collector shall be liable ; and, if there be no dep- uty, they shall devolve upon the naval officer of the same district, if any there be; and if there be no naval officer, they shall devolve upon the surveyor of the port ap- pointed for the residence of such disabled or deceased collector, if any there be; and if there be no such sur- veyor, they shall devolve upon the surveyor of the port nearest thereto and within the district. At ports to which there are appointed a collector, naval officer, and surveyor, it shall be the duty of the naval officer First. To receive copies of all manifests and entries. Second. To estimate, together with the collector, the duties on all merchandise subject to duty, and no duties shall be received without such estimates. Third. To keep a separate record of such estimates. Fourth. To countersign all permits, clearances, certifi- cates, debentures, and other documents, to be granted by the collector. Fifth. To examine the collector's abstracts of dutic.-. and other accounts of receipts, bonds, and expenditures, and certify the same if found right. At ports to which there are appointed a collector. na\ al officer, and surveyor, it shall be the duty of the surveyor, who shall be in all cases subject to the direction of the collector First. To superintend and direct all inspectors, weigh- ers, measurers, and gangers within his port. PART XLVT. ADMIMSTIJATIVK AND KXECUTIVE OFFICES. 491 Second. To report once in every week to tin 1 collector the name or names of all inspectors. wi'ighers. gangers, or jneasurers who are absent from or neglect to do their duty. Third. To visit or inspect the vessels which arrive in his port, and make a return in writing every morning to the collector of all vessels which have arrived from for- eign ports during the preceding day; specifying the names and denominations of the vessels, the masters' names, from whence arrived, whether laden or in ballast, to what nation belonging, and, if American vessels, whether the masters thereof have or have not complied with the law, in having the required number of manifests of the cargo on board, agreeing in substance with the pro- visions of law. Fourth To put on board each of such vessels one or more inspectors immediately after their arrival in his port. Fifth. To ascertain the proof, quantities, and kinds of distilled spirits imported, rating such spirits according to their respective degrees of proof, as defined by the laws imposing duties on spirits. Sixth. To examine whether the goods imported in any vessel, and the deliveries thereof, agreeably to the inspec- tor's returns, correspond with the permits for landing the same ; and if any error or disagreement appears, to report the same to the collector, and to the naval officer, if any. Seventh. To superintend the lading for exportation of all goods entered for the benefit of any drawback, bounty, or allowance, and examine and report whether the kind, quantity, and quality of the goods, so laden on board any vessel for exportation, correspond with the entries and permits granted therefor. Eighth. To examine, and, from time to time, and par- ticularly 'on the first Mondays of January and July in each year, try the weights, measures, and other instru- ments used in ascertaining the duties on imports, with standards to be provided by each collector at the public expense for that purpose; and where disagreements or errors are discovered, to report the same to the collector; and to obev and execute such directions as he may receive for correcting the same, agreeably to the standards. At ports to which surveyors only are appointed, the sur- R - s. f 2628. \ eyor shall perform all the duties en joined upon surveyors by the preceding section ; and shall also receive and record the copies of all manifests transmitted to him by the col- lector; shall record all permits granted by the collector, distinguishing the gauge, weight, measure, and quality of goods specified therein ; and shall take care that no goods be unladen or delivered from any ship or vessel without a proper permit for that purpose. In case of the disability or death of a surveyor, the col- R - s - 2629 - lector of the district may authorize some fit person to per- form his duties and exercise his powers; and the powers of the person so authorized shall continue until a suc- cessor is duly appointed, and ready to enter upon the exe- cution of his office. 492 NAVIGATION LAWS OF THE UNITED STATES. i. S.,2631. I S., 2632. l. S., 2633. 11. s., 2630. Every collector of the customs shall have authority, with the approval of the Secretary of the Treasury, to employ within his district such number of proper persons as deputy collectors of the customs as he shall deem neces- sary ; and such deputies are declared to be officers of the customs. And in cases of occasional and necessary ab- sence, or of sickness, any collector may exercise his powers and perform his duties by deputy, duly constituted under his hand and seal, and he shall be answerable for the acts of such deputy in the execution of such trust. In case of the sickness or unavoidable absence of any collector or surveyor of customs from his office, he may, with the approval of the Secretary of the Treasury, authorize some officer or clerk under him to act in his place, and to discharge all the duties required by law of such collector or surveyor in his capacity as disbursing agent ; and the official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases. Every naval officer and surveyor, in cases of occasional and necessary absence, or of sickness, and not otherwise, may respectively exercise and perform their functions, powers, and duties by deputy, duly constituted under their hands and seals respectively, for whom, in the execution of their trust, they shall respectively be an- swerable. The Secretary of the Treasury is authorized, whenever in his opinion the public interest demands it, to clothe any deputy collector at a port other than the principal port of entry, with all the powers of his principal apper- taining to official acts; and he may require such deputy to give bond to the United States, in such amount as the Secretary may prescribe, for the faithful discharge of his official duties. The Secretary of the Treasury may, from time to time, except in cases otherwise provided, limit and fix the number and compensation of the clerks to be employed by any collector, naval officer, or surveyor, and may limit and fix the compensation of any deputy of any such col- lector, naval officer, or surveyor. Every collector, naval officer, and surveyor shall cause to be affixed, and constantly kept in some public and con- spicuous place of his office, a fair table of the rates of fees and duties demandable by law, and shall givo a receipt for the fees received by him, specifying the particulars whenever required so to do; and for every failure s<> to do, he shall be liable to a penalty of one hundred dollars, recoverable to the use of the informer. R. s., 2636. Kvcrv officer of the customs who demands or receives any other or greater fee, compensation, or reward than is allowed by law, for performing any duty or service re- quired from him by law, shall be liable to a penalty of two hundred dollars for each offense, recoverable to the use of the party aggrieved. K. S., 2634. K. S., 2635. PART XLVI. ADMINISTRATIVE AND EXECUT1VI. OFFICES. 493 If any inspector, gauger, weigher, or measurer shall K-S-.SGST. receive any gratuity, fee, or reward for any services per- forms! by virtue of this Title [R. S., 2517-3129], other than is by law allowed, or of any ganger, weigher, or measurer, employed as such by the public, in the districts of Portsmouth, Salem and Beverly, Boston and Charles- town, Providence, New York, Philadelphia, Baltimore, NY r folk and Portsmouth, or Charleston, shall gauge, weigh, or measure any article or articles, other than shall be dim-ted by the proper officer, in order to ascertain the duties to be received, or the drawbacks to be allowed thereon, or shall make a return of the weight, gauge, or measure of any merchandise laden, or to be laden, on board any vessel for the benefit of drawback upon ex- portation, without having actually weighed, gauged, or measured the same, as the case may require, after such merchandise shall have been notified to the collector and entered for exportation, he shall be liable for the first offense to a penalty of fifty dollars, and for each subse- quent offense to a penalty of two hundred dollars, and be discharged from the public service. And if any in- spector or other officer of the customs shall certify the shipment of any merchandise entitled to drawback on exportation without having duly inspected and examined the same, after he shall have received the permit for lading such merchandise, or if the amount of such draw- back shall be estimated according to weight, gauge, or measure, until such merchandise shall be first weighed, gauged, or measured, as the case may require, he shall be subject to the like penalties, and be discharged from the public service. Xo person employed under the authority of the United R * s " 2638 - States, in the collection of duties on imports or tonnage, shall own, either in whole or in part any vessel, or act as agent, attorney, or consignee for the owner or owners of any vessel, or of any cargo or lading on board the same ; nor shall any such person import, or be concerned directly or indirectly in the importation of any merchandise for sale into the United States. Every person who violates this section shall be liable to a penalty of five hundred dollars. Every collector, naval officer, and surveyor shall keep K - s - 2639 - accurate accounts of all fees and official emoluments re- ceived by him, and of all expenditures, specifying ex- penditures for rent, fuel, stationery, and clerk-hire, and shall annually, within ten days after the thirtieth day of June, transmit the same, verified by oath, to the proper Ju] y 31 1894 Auditor, who shall annually lay an abstract of the same before Congress. Every collector, naval officer, or sur- veyor who omits or neglects to keep such account, or to transmit the same so verified, shall be liable to a penalty of not more than five hundred dollars. Collectors, naval officers, and surveyors shall attend in R. s., 2040. person at the ports to which they are respectively ap- pointed; and shall keep fair and true accounts and rec- 494 NAVIGATION LAWS OF THE UNITED STATES. ords of all their transactions, as officers of the customs, in sec' 10 ' 19 3 ' sucn manner and form as may from time to time be di- rected by the Secretary of the Treasury; and shall at all times submit their books, papers, and accounts to the in- spection of such persons as may be appointed for that purpose; and shall once in every month, or of tenor if they shall be required, transmit their accounts for settle- ment to the officer or officers whose duty it shall be to make such settlement. And if any collector, naval officer, or surveyor shall omit to keep fair and true accounts, or shall refuse to submit forthwith his books, papers, and accounts to inspection as required by law, or if any col- lector shall omit or refuse to render his accounts for set- tlement, for a term exceeding three months after the same shall have been required by the proper officer, the delin- quent officer shall be liable to a penalty of one thousand dollars, to be recovered with costs of suit. R. s., 2041. Every collector, naval officer, and surveyor shall ac- sec.'ib 4 .' 19 3 ' count to the Treasury for all his emoluments, and also for all the expenses incident to his office. Such accounts, as well of expenses as of emoluments, shall be rendered on oath, at such times and in such forms, and shall be sup- ported by such proofs, as shall be prescribed by the Q ecretary of the Treasury. n. s., 2642. The services performed by occasional inspectors shall be particularly detailed in the accounts to be transmitted to the Treasury, and certified by the naval officer or surveyor of the district, if there be any, as to the necessity for and performance of such services. i:.s., 2643. Every collector, naval officer, and surveyor shall, to- gether with his accounts of the expenses incident to his office, render a list of the clerks employed by him, stating the rate of compensation allowed to each, and the duties which they severally perform; and also an account of the sums paid for stationery, official or contingent expenses, fuel, and office-rent, stating the purposes for which the premises rented are applied. u. s., LM;I i. The collector of customs of each of the districts on (lie northern, northeastern, and northwestern frontiers shall render, with his accounts of the expenses incident to his office, a list of the clerks and other ollicers of the customs employed by him, stating the rate of compensation al- lowed to each, the duties they severally perform, and also an account of the sums paid for stationery, fuel, and all other office expenses, including ollice-rent : for all of which expenses he shall submit an estimate each month in advance, and shall state the purposes for which any premises are used; and shall also render an accurate account of all fees and commissions collected l>y him. R.S.,2645. All accounts for salary, compensation, and emoluments shall be rendered quarterly, at the end of each quarter of the fiscal year. PART XLVI. ADMINISTRATIVE ANI> lAKClTIVI. OFFICES. 495 All blank-books, blanks, and stationery of every kind K-S., 2646. required by collectors and other officers of the customs shall, so soon as they can be prepared for delivery, by or under the direction of the Secretary of the Treasury [or the Secretary of Commerce], be furnished to them for the Feb. it, 100.1. use of their respective offices, upon requisition made by Sec ' 10 * them, and the expense of such books, blanks, and sta- tionery shall be paid out of the appropriation for defray- ing the expenses of collecting the revenue from customs. K\ery collector of customs, every naval officer, and R -S-2647. every surveyor performing or having performed the duties of a collector, shall render a quarter-yearly ac- | b - 14, 1003. count, under oath, to the Secretary of the Treasury, in such form as the Secretary shall prescribe, of all sums of money by each of them respectively received or collected for fines, penalties, or forfeitures, or for seizure of mer- chandise, or upon compromises made upon any seizure ; or on account of suits instituted for frauds against the reve- nue laws; or for rent and storage of merchandise, which may be stored in the public store-houses, and for which a rent is paid beyond the rents paid by the collector or other such officer; or for custody of goods in bonded ware- houses ; and if from such accounting it shall appear that the money received in any one year by any collector, naval officer, or surveyor, on account and for rents and storage, and for fees and emoluments, shall in the aggre- gate exceed the sum of two thousand dollars, such excess shall be paid by the collector, naval officer, or surveyor, as the case may be, into the Treasury as public money. Collectors and surveyors of the collection-districts on R. s., 2648. the northern, northeastern, and northwestern frontiers are authorized to keep on sale, at their several offices, blank manifests and clearances required for the business of their districts, and to charge the sum of ten cents, and no more, for each blank which shall be prepared and exe- cuted by them. The Secretary of the Treasury is hereby authorized to . Executive or- i J i i i /? \ j , der, Mar. 3, prescribe uniform blank forms to be used in connection 1913. with the entry and clearance of merchandise. The Secretary of the Treasury be, and he is hereby, au- Feb. 6, 1907. thorized to appoint a deputy collector of customs and other customs officers at ports and subports of entry : \ the several customs collection districts, and deputy col- lectors thus appointed shall have authority to receive en- tries, collect duties, and to perform any and all functions prescribed by law for collectors of customs, subject to such regulations and restrictions as the Secretary of the Treasury shall prescribe: Provided, That whenever the Secretary of the Treasury shall appoint a deputy collector at a port of entry where there is no collector, he shall designate the collector through whom such deputy shall report, but the bond of such deputy shall run to the Gov- ernment, and the deputy shall be financially responsible directly to the Government. 92075 15 32 496 NAVIGATION LAWS OF THE UNITED STATES. R. S. f 4402. R. S., 4403. Feb. 14, 1903. Sees. 4. 10. R. S., 4404. 465. Steamboat-Inspection Service. There shall be a supervising inspector-general, who shall be appointed from time to time by the President, by and with the advice and consent of the Senate, and who shall be selected with reference to his fitness and ability to systematize and carry into effect all the provisions of law relating to the steamboat-inspection service, and who shall be entitled to a salary of three thousand five hun- dred dollars a year, and his reasonable traveling ex- penses, or mileage at the rate of ten cents a mile, incurred in the performance of his duty. The supervising inspector-general shall, under the di- rection of the Secretary of Commerce, superintend the administration of the steamboat-inspection laws, preside at the meetings of the board of supervising inspectors, receive all reports of inspectors, receive and examine all accounts of inspectors, report fully at stated periods to the Secretary of Commerce upon all matters pertaining to his official duties, and produce a correct and uniform administration of the inspection laws, rules, and regu- lations. There shall be ten supervising inspectors, who shall be appointed by the President, by and with the advice and consent of the Senate. Each of them shall be selected for his knowledge, skill, and practical experience in the uses of steam for navigation, and shall be a competent judge of the character and qualities of steam-vessels, and of all parts of the machinery employed in steaming. Each supervising inspector shall be entitled to a salary of three thousand dollars a year and his actual and reasonable traveling expenses at the rate of ten cents a mile, in- curred in the performance of his duty, together with his actual and reasonable expenses for transportation of in- struments, which shall be certified and sworn to under such instructions as may be given by the Secretary of Commerce. R. s., 4405. r The supervising inspectors and the Supervising In- Feb/ 8^' ioo? 5 ' spector-General shall assemble as a board once in each year at the city of Washington, District of Columbia, on the third Wednesday in January, and at such other times as the Secretary of Commerce shall prescribe, for joint consultation, and shall assign to each of the super- vising inspectors the limits of territory within which he shall perform his duties. The board shall establish all necessary regulations required to carry out in the most effective manner the provisions of this title [R. S., 4.">'. ( .)- 4500] and also regulations, prohibiting useless and un- necessary whistling, and such regulations, when ap- E roved by the Secretary of Commerce, shall have the ?rce of law. The supervising inspector for the district embracing the Pacific coast shall not be under obligation to attend the meetings of the board oftener than once in two years; but when he does not attend such meeting sees 4 4 'io 9 3 ' PART XLVI. ADMINISTRATIVE AND EXECUTIVE OFFICES. 497 he shall make his communications thereto, in the way of a report, in such manner as the board shall prescribe: I'rorntt'tL That the Secretary of Commerce may at any time call in session, after reasonable public, notice, a meeting of an execut i\ e committee, to he composed of the Supervising Inspector-* icneral and any two supervising inspectors, which committee, with the approval of the said Secretary, shall have power to alter, amend, add to, or repeal any of the rules and regulations made, with the approval of the Secretary of Commerce, by the board of supervising inspectors, either by virtue of this section or under any power granted by this title, or any amend- ments thereof, such alteration, amendment, addition, or repeal, when approved by the said Secretary, to have the force of law and to continue in ell'ect until thirty days after the adjournment of the next meeting of the board of supervising inspectors. The foregoing powers of such executive committee, acting with the said Secretary, shall also extend to the approval of the instruments, machines, and equipments referred to in section forty-four hundred and ninety-one of this title. The supervising inspectors shall see that the several R - s - 4408. boards of local inspectors within their respective districts execute their duties faithfully, promptly, and, as far as possible, uniformly in all places, by following out the provisions of this^Title [R. S., 4399-4500] according to the true intent and meaning thereof; and they shall, as far as practicable, harmonize differences of opinion exist- ing in different local boards. The supervising inspector shall visit any collection- 1{ - s -. 44 9 - district in which there is at any time no board of inspec- tors, and within which steam- vessels are owned or em- ployed. Each supervising inspector shall have full power in any such district, or in any district where, from dis- tance or other cause, it is inconvenient to resort to the local board, to inspect any steam- vessel and the boilers of such steamer, and to grant certificates of approval, and to do and perform all the duties imposed upon local boards. Each supervising inspector shall report, in writing, at the end of each fiscal year to the Supervising Inspector- General, the general business transacted in his district during the year, embracing all violations of the laws regulating vessels, and the action taken in relation to the same, all investigations and decisions by local inspectors, and all cases of appeal, and the result thereof. The board shall examine into all the acts of each supervising inspector and local board, and all complaints made against the same, in relation to the performance of their duties under the law, and the judgment of the board in each case shall be entered upon their journal; and the board shall, as far as possible, correct mistakes where they exist. 498 NAVIGATION LAWS OF THE UNITED STATES. Mar. 4, 1913. R. s., 4411. Th. e board of supervising inspectors shall establish such regulations as may be necessary to make known in a proper manner, to local inspectors, the names of all per- sons licensed under the provisions of this Title [R. S., 4399-4500] , the names of all persons from whom licenses have been withheld, and the names of all whose licenses have been suspended or revoked; also the names of all steam- vessels neglecting or refusing to make such repairs as may be ordered pursuant to laAV, and the names of all that have been refused certificates of inspection. Mar"! 4 i-m-, There shall be in each of the following collection dis- .\pr. ' :i.' iim ! tricts namely, the districts of Philadelphia, Pennsyl- s!!!; v .-r' s ' 1!>os ' vania; San Francisco, California; New London, Con- necticut; Baltimore, Maryland; Detroit, Michigan; Chicago, Illinois ; Bangor, Maine ; New Haven, Connecti- cut; Michigan, Michigan; Milwaukee, Wisconsin; Wil- lamette, Oregon; Puget Sound, Washington; Savannah, Georgia; Pittsburg, Pennsylvania; Oswego, New York; Charleston, South Carolina; Duluth, Minnesota; Su- perior, Michigan; Apalachicola, Florida; Galveston, Texas ; Mobile, Alabama ; Providence, Rhode Island, and in each of the following ports: New York, New York: Jacksonville, Florida; Portland, Maine; Boston, Massa- chusetts; Buffalo, New York; Cleveland, Ohio; Toledo, Ohio; Norfolk, Virginia ; Evansville, Indiana; Dubuque, Iowa ; Louisville, Kentucky; Albany, New York; Cincin- nati, Ohio; Memphis, Tennessee; Nashville, Tennessee; Saint Louis, Missouri; Port Huron, Michigan; New Or- leans, Louisiana; Los Angeles, California: Junean, Alaska; Saint Michael, Alaska; Point Pleasant. West Virginia; Burlington, Vermont; Honolulu, Hawaii: and San Juan, Porto Rico, one inspector of hulls and one inspector of boilers * And in addition the Secretary of Commerce may ap- point, in districts or ports where there are two hundred and twenty-five steamers and upward to be inspected an- nually, assistant inspectors, at a salary, for the port of New York, of two thousand dollars a year each: for the port of New Orleans, Louisiana: the districts of Phila- delphia, Pennsylvania: Baltimore, Maryland; the ports of Boston, Massachusetts: Chicago, Illinois, and the dis- trict of San Francisco, California, at one thousand eight hundred dollars per year each, and for all other districts and ports at a salary not exceeding one thousand BLS hundred dollars a year each: and he may appoint a clerk to any such board at a Compensation not exceeding one thousand five hundred dollars a year to each person so appointed. Fvery inspector provided for in this or the preceding sections of this title shall he paid his actual and reasonable, traveling expenses incurred in the performance of his duties, together with his actual and reasonable expenses for transportation of instruments, which shall PART XLVI. ADMIMSTIIATIVK A\l> KXKiTTIVK OFFICES. 499 be certified and sworn to under such instructions as shall ho given by the Socrotary of Commerce. Assistant inspectors, appointed as provided by law, shall perform such duties of actual inspection as may be assigned to them under the direction, supervision, and control of the local inspectors. And the Secretary of Commerce may from time to time detail said assistant inspectors of one port or dis- trict for service in any other port or district, as the needs of the Steamboat-Inspection Service may, in his discretion, require, and the actual and reasonable travel- ing expenses or mileage of assistant inspectors so detailed shall, subject to such limitations as the said Secretary may in his discretion prescribe, be paid in the same man- ner as provided in this section for inspectors. The inspector of hulls shall be a person of good charac- K- s. f 4415. r tor and suitable qualifications and attainments to perform the services required of an inspector of hulls, who from his practical knowledge of shipbuilding and navigation and the uses of steam in navigation is fully competent to make a reliable estimate of the strength, seaworthiness, and other qualities of the hulls of vessels and their equip- ment deemed essential to safety of life in their naviga- tion; and the inspector of boilers shall be a person of good character and suitable qualifications and attain- ments to perform the services required of an inspector of boilers, who from his knowledge and experience of the duties of an engineer employed in navigating vessels by steam, and also of the construction and use of boilers, and machinery and appurtenances therewith connected, is able to form a reliable opinion of the strength, form, workmanship, and suitableness of boilers and machinery to be employed, without hazard to life from imperfection in the material, workmanship, or arrangement of any part of such apparatus for steaming. The inspector of hulls and the inspector of boilers designated by the Secretary of Commerce shall, from the date of designation, con- stitute a board of local inspectors. No person interested, either directly or indirectly, in R. s., 44i. any patented article required to be used on any steamer 3^2?' 1J by this title, f R. S., 4399-4500] or who is a member of any association of owners, masters, engineers, or pilots of steamboats, or who is, directly or indirectly, pecuniarily interested in any steam vessel, or who has not the quali- fications and acquirements prescribed by this title, or who is intemperate in his habits, shall be eligible to hold the office of either supervising, local, or assistant in- spector, or to discharge the duties thereof; and if any such person shall attempt to exercise the functions of the office of either inspector he shall be deemed guilty of a misdemeanor, punishable by a fine of five hundred dol- lars, and shall be dismissed from office. 500 NAVIGATION LAWS OF THE UNITED STATES. It. S., 4460. Feb. 14, 1903. Sees. 4, 10. R. S., 4461. June 19, 1886. Feb. 14, 1903. Sees. 4, 10. R. S., 4462. Feb. 14, 1903. S.-L-S. 4, 10. R. S., 4455. R. S., 4456. R. S., 4457. The Secretary of Commerce shall procure for the sev- eral surper vising inspectors and local boards of inspectors such instruments, stationery, printing, and other things necessary for the use of their respective offices as may be required therefor. The salaries of the supervising inspector-general, of all supervising inspectors, local inspectors, assistant inspect- ors, and clerks, provided for by this Title [R. S., 4399- 4500], together with their traveling and other expen-es when on official duty, and all instruments, books, blanks, stationery, furniture, and other things necessary to carry into effect the provisions of this title, shall be paid for, under the direction of the Secretary of Commerce. The Secretary of Commerce shall make such regula- tions as may be necessary to secure the proper execution of this Title [R. S., 4399-4500]. The inspectors of one district shall not modify or annul the doings of the inspectors of another district in regard to repairs, unless there is a change in the state of things, demanding more repairs than were thought necessary when the order was made. Nor shall the inspectors of one district license a person coming from another district, if such person has been rejected for unfitness or want of qualifications. The local board of inspectors, when so requested in writing by any master or owner, shall, under the direc- tion of the supervising inspector, inspect steamers in other collection districts where no such board is estab- lished; and if a certificate of approval is not granted, no other inspection shall be made by the same or any other board until the objections made by such local board and unreverscd by the supervising inspector of the district, are removed. Nothing in this section shall impair the right of the inspectors to permit such vessel to go to an- other port for repairs, if in their opinion it can be done with safety. The local inspectors shall keep a record of certificates of inspection of vessels, their boilers, engines, and ma- chinery, and of all their acts in their examination and inspection of steamers, whether of approval or disap- proval; and when a certificate of approval is recorded, the original shall he delivered to the collector or other chief officer of the customs of the district They shall also keep a like record of cert ideates aiithori/'mg gunpowder to be carried as freight by any s'eamer carrying passengers, and of all licenses grant eel to masters, mates, pilots, and engineers, and of all refusals of the same 1 , of all suspen- sions and revocations <>f license, of all refusals, suspen- sions, or revocations of which they shall receive notices from other districts: and shall report to the supervising inspector of their respective districts, in writing, their PART XLVI. ADMINISTRATIVE AND EXECUTIVE OK KICKS. , r >l;l decisions in cases of refusal of licenses, or of the suspen- sion or revocation thereof, and all testimony received by them in such proceedings. They shall also report promptly to such supervising inspector all violations of the steamboat-laws that come to their knowledge. They shall also keep an accurate account of every steamer Ixmrded by them during the year; and of all their official acts and doings, which, in the form of a report, they shall communicate to the supervising inspector of the district, at such times as the board of supervising inspectors, by their established rules, shall direct. Every inspector who willfully certifies falsely touching R. s., 4425. any steam-vessel, as to her hull, accommodations, boilers, engines, machinery, or their appurtenances, or any of her equipments, or any matter or thing contained in any cer- tificate signed and sworn to by him, shall be punished by fine of not more than five hundred dollars, or imprison- ment for not more than six months, or both. Every inspector of steamboats who, upon any pretense, J Iar -;*v 1909 ' A j !/! 7 * i t ' A Sec. 107. receives any lee or reward for his services, except what is Repeals R. s., allowed to him by law, shall forfeit his office, and be fined G net more than five hundred dollars, or imprisoned not more than six months, or both. 466. Public Health Service. The President, by anol with the advice and consent of Maf-'jPms the Senate, shall, from time to time, appoint a surgeon to .Tan.'4,'i889.' act as surgeon-general of the public health service, who Iv/g. I shall, under the direction of the Secretary of the Treas- ury, supervise all matters connected with the public health service, and with the disbursement of the fund for the relief of sick and disabled seamen. He shall be en- titled to a salary, paid out of the marine-hospital fund, of five thousand dollars a year, and to his necessary travel- ing expenses. And he shall make monthly reports to the Secretary of the Treasury. Medical officers of the public health service of the United States shall be appointed by the President by and with the advice and consent of the Senate; and no person shall be so appointed until after passing a satisfactory examination in the several branches of medicine, surgery and hygiene before a board of medical officers of the said service. Said examination shall be conducted according to rules prepared by the surgeon-general and approved by the Secretary of the Treasury and the President. Original appointments in the service shall only be made to the rank of assistant surgeon; and no officer shall be promoted to the rank of passed assistant surgeon until after four years' service and a second examination as aforesaid; and no passed assistant surgeon shall be pro- moted to be surgeon until after due examination. 502 NAVIGATION LAWS OP THE UNITED STATES. July 1, 1902. Secf 4. July 1, 1902. Sec. 9. Feb. 15, 1893. Sec. 12. The Surgeon-General is authorized to cause the detail of two surgeons and two passed assistant surgeons for duty in the bureau, who shall each receive the pay and allowances of their respective grades in the general service. The President is authorized, in his discretion, to utilize the Public Health Service in times of threatened or actual war to such extent and in such manner as shall in his judgment promote the public interest without, however, in any wise impairing the efficiency of the serv- ice for the purposes for which the same was created and is maintained. The President shall from time to time prescribe rules for the conduct of the Public Health Service. He shall also prescribe regulations respecting its internal admin- istration and discipline, and the uniforms of its officers and employees. It shall be the duty of the Surgeon- General to transmit annually to the Secretary of the Treasury, for transmission by said Secretary to Congress, a full and complete report of the transactions of said service, including a detailed statement of receipts and disbursements. The medical officers of the United States, duly clothed Mar. 3, 1901. with authority to act as quarantine officers at any port or place within the United States, and when performing the said duties, are hereby authorized to take declarations and administer oaths in matters pertaining to the admin- istration of the quarantine laws and regulations of. the United States. The Secretary of the Treasury is authorized to lease, or to sell at public auction, to the highest and best bidder, for cash, after due notice in the public newspapers, such marine-hospital buildings and lands appertaining thereto as he may deem it advisable to sell, and to make, execute, and deliver all needful conveyances to the lessees or pur- chasers thereof respectively; and the proceeds of such leases and sales are hereby appropriated for the marine- hospital establishment. But the hospitals at Cleveland in Ohio, and Portland in Maine, shall not be sold or leased. And this section shall not be construed to authorize the Secretary of the Treasury to lease or sell any such hos- pital where the relief furnished to sick mariners shall show an extent of relief equal to twenty cases u day on an average for the last preceding four years, or where no other suitable and sufficient hospital accommodations can be procured upon reasonable terms for the comfort and convenience of the patients. The Secretary of the Treasury may rent or lease such marine-hospital buildings, and the lands appertaining thereto, as ne may deem advisable in the interests of the public health and marine-hospital service: and the pro- ceeds of such rents or leases are hereby appropriated for the said service. R. S. f 4806. Mar. 3. 1875. Sec. 4. PA1IT XI. VI. AhMINISTHATIVK A X I > EXECUTIVE OFFICES. 503 It shall be the duly of the Snrgeon-< Jeneral of the Pub- J^. 1 -., 1 '" 1 - ls;r " lie Health Service, under the direction of the Secretary July i, 1002. of the Treasury, to perform all the duties in respect to quarantine and quarantine regulations which are pro- vided for hy this act. and to ohtain information of the sanitary condition of foreign ports and places from which contagious and infectious diseases are or may he imported into the I'nited States, and to this end the consular officer of the United States at such ports and places as shall be designated by the Secretary of the Treasury shall make to the Secretary of the Treasury weekly reports of the sanitary condition of the ports and places at which they are respectively stationed, according to such forms as the Secretary of the Treasury shall prescribe; and the Secretary of the Treasury shall also obtain, through all sources accessible, including State and municipal sanitary authorities throughout the United States, weekly reports of the sanitary condition of ports and places within the United States, and shall prepare, publish, and transmit to collectors of customs and to State and municipal health officers and other sanitarians weekly abstracts of the consular sanitary reports and other pertinent information received by him, and shall also, as far as he may be able, by means of the voluntary cooperation of State and municipal authorities, of public associations, and private persons, procure information relating to the climatic and other conditions affecting the public health, and shall make an annual report of his operations to Congress, with such recommendations as he may deem important to the public interests. Whenever the proper authorities of a State shall sur- g^- 8 15> 1893 - render to the United States the use of the buildings and disinfecting apparatus at a State quarantine station, the Secretary of the Treasury shall be authorized to receive them and to pay a reasonable compensation to the State for their use, if in his opinion they are necessary to the United States. 467. Immigration and Naturalization Bureau. The office of commissioner-general of immigration is ^. r * 7 3 ' 1891 * hereby created and established, and the President, by and Mar. 2, isos. with the advice and consent of the Senate, is authorized and directed to appoint such officer, whose salary shall be four thousand dollars per annum, payable monthly. The commissioner-general of immigration shall be an officer in the Department of Labor, under the control and super- vision of the Secretary of Labor, to whom he shall make Feb. 14, 1903. annual reports in writing of the transactions of his office, S;cs - 4 ' 7 - together with such special reports, in writing, as the Secretary of Labor shall require, and in addition to his other duties, shall have charge under the Secretary of 504 NAVIGATION LAWS OF THE UNITED STATES. Labor of the administration of the alien-contract labor laws. The Secretary shall provide the commissioner-general with a suitably furnished office in the city of Washington, and with such books of record and facilities for the dis- charge of the duties of his office as may be necessary. He shall have a chief clerk at a salary of two thousand dollars per annum and two first class clerks. June o, 1900. Hereafter the Commissioner-General of Immigration, in addition to his other duties, shall have charge of the administration of the Chinese exclusion law and of the various Acts regulating immigration into the United IM-K 14, loos. States, its Territories, and the District of Columbia, un- der the supervision and direction of the Secretary of Labor. s[:, l . r '.>o' 1903< The Commissioner-General of Immigration, in addi- Feb. 14, loos, tion to such other duties as may by law be assigned to Feb S '2o, 7 i907. him, shall, under the direction of the Secretary of Labor, sec.' 22.' have charge of the administration of all laws relating to the immigration of aliens into the United States, and shall have the control, direction, and supervision of all officers, clerks, and employees appointed thereunder. He shall establish such rules and regulations, prescribe such forms of bond, reports, entries, and other papers, and shall issue from time to time such instructions, not incon- sistent with law, as he shall deem best calculated for carrying out the provisions of this Act and for protect- ing the United States and aliens migrating thereto from fraud and loss, and shall have authority to enter into contract for the support and relief of such aliens as may fall into distress or need public aid; all under the direc- tion or with the approval of the Secretary of Labor. And it shall be the duty of the Commissioner-General of Immigration to detail officers of the immigration service from time to time as may be necessary, in his judgment, to secure information as to the number of aliens detained in the penal, reformatory, and charitable institutions (public and private) of the several States and Territories, the District of Columbia, and other territory of the United States and to inform the officers of such institu- tions of the provisions of law in relation to the deporta- tion of aliens who have become public charges: Pro- vided * That the Commissioner-Genera] of Immigration may, with the approval of the Secretary of Labor, when- ever in his judgment such ad ion may be necessary to ac- complish the purposes of this Act, detail immigration officers, and also surgeons, in accordance with the provi- sions of section seventeen, for service in foreign countries. Aug. ix, ism. The commissioners of immigration at the several ports shall be appointed by the President, by and with the ad- vice and consent of the Senate, to hold their offices for the term of four years, unless sooner removed, and until their successors are appointed. PAliT xi.VT. ADMIN is i i;.\TiVK \\D BXBOXTTIVB OFFICES, f>()f> The duties of the commissioners of immigration shall !^'.'-.HV- 11>OT - be of an administrative character, to be prescribed in de- tail by regulations prepared, under the direction or with the approval of the Secretary of Laljor. Immigrant inspectors and other immigration ollicers, ^'24' 19 7 ' clerks, and employees shall hereafter be appointed and their Compensation iixed and raised or decreased from time to time by the Secretary of Labor, upon the recom- mendation of the Commissioner-General of Immigration and in accordance with the provisions of the civil-service Act of January sixteenth, eighteen hundred and eighty- three: Pror'nIL That said Secretary, in the enforcement of that portion of this Act which excludes contract labor- ers, may employ, without reference to the provisions of the said civil service Act, or to the various Acts relative to the compilation of the official register, such persons as he may deem advisable and from time to time fix, raise, or decrease their compensation: Provided further, That nothing herein contained shall be construed to alter the mode of appointing commissioners of immigration at the several ports of the United States as provided by the sundry civil appropriation Act approved August eight- eenth, eighteen hundred and ninety-four, or the official status of such commissioners heretofore appointed. Im- migration officers shall have power to administer oaths and to take and consider evidence touching the right of any alien to enter the United States, and, where such action may be necessary, to make a written record of such evidence; and any person to whom such an oath has been administered under the provisions of this Act who shall knowingly or wilfully give false evidence or swear to any false statement in any way affecting or in relation to the right of any alien to admission to the United States shall be deemed guilty of perjury and be punished as provided by section fifty-three hundred and ninety-two,* United States Revised Statutes. The decision of any such officer, if favorable to the admission of any alien, shall be sub- ject to challenge by any other immigration officer, and such challenge shall operate to take the alien whose right to land is so challenged before a board of special inquiry for its investigation. Every alien who may not appear to the examining immigrant inspector at the port of ar- rival to be clearly and beyond a doubt entitled to land shall be detained for examination in relation thereto by a board of special inquiry. Such boards of special inquiry shall be appointed by $^25.' 19 7 ' the commissioner of immigration at the various ports of arrival as may be necessary for the prompt determination of all cases of immigrants detained at such ports under the provisions of law. Each board shall consist of three members, who shall be selected from such of the immi- grant officials in the service as the Commissioner-General of Immigration, with the approval of the Secretary of Labor, shall from time to time designate as qualified to 506 NAVIGATION LAWS OF T1IK 1 XITKD STATES. serve on such boards: /Vr>/v/W, That at ports where there are fewer than three immigrant inspectors, the Sec- retary of Labor, upon the recommendation of the Com- missioner-General of Immigration, may designate other United States officials for service on such boards of spe- cial inquiry. Such boards shall have authority to deter- mine whether an alien who has been duly held shall be allowed to land or shall be deported. All hearings before boards shall be separate and apart from the public, but the said boards shall keep a complete permanent record of their proceedings and of all such testimony as may be produced before them ; and the decision of any two mem- bers of a board shall prevail, but either the alien or any dissenting member of the said board may appeal through the commissioner of immigration at the port of arrival and the Commissioner-General of Immigration to the Secretary of Labor, and the taking of such appeal shall operate to stay any action in regard to the final disposal of any alien whose case is so appealed until the receipt by the commissioner of immigration at the port of arrival of such decision which shall be rendered solely upon the evidence adduced before the board of special inquiry: Provided, That in every case where an alien is excluded from admission into the United States, under any law or treaty now existing or hereafter made, the decision of the appropriate immigration officers, if adverse to the admission of such alien, shall be final, unless reversed en appeal to the Secretary of Labor; but nothing in this section shall be construed to admit of any appeal in the case of an alien rejected as provided for in section ten of this Act. [NOTE. The Division of Naturalization of the Bureau of Immigration and Naturalization was made the Bureau of Naturalization by the act of March 4, 1913.] 468. Coast Guard. Jan. 28, 1015. There shall be established in lieu of the existing Re ve- nue-Cutter Service and the Life-Saving Service, to be composed of those two existing organizations, with the existing offices and positions and the incumbent o Hirers and men of those two services, the Coast Guard, which shall constitute a part of the military forces of the United States and which shall operate under the Treasury De- partment in time of peace and operate as a part of the Navy, subject to the orders of the Secretary of the Navy, in time of war or when the President shall SO direct. When subject to the Secretary of the Navy in time of war the expense of the Coast Guard shall be paid by the Navy Department: /V"/vVrf/, That no pro- vision of this Act shall he construed as giving any officer of either the ( 'oasl ( iuanl or the Navy, military or other control at any time over any vessel, ollicer. or man of the other service except ly direction of the President. PART XI. VI. Al'.Ml.xisi i;.\ I i\ r. AND EXECUTIVE OFFICES, 507 In the Coast (muni there shall U' a captain coin- S(>(1 - - mandant. senior captains, captains, lii-st lieutenants, sec oiul lieutenants, tliinl lieutenants, engineer in chief, cap- tains of engineers, lirst lieutenants of engineers, second lieutenants of engineers, third lieutenants of engineers and constructors, cadet and cadet engineers, warrant officers, petty olliccrs, and other enlisted men, all of said ollices, respectively, corresponding to the present offices of the Revenue-Cutter Service, which are transferred to the Coast (iiiard. and all the present incumbents, officers and enlisted men. are also transferred to corresponding positions in the Coast Guard; a general superintendent, assistant genera] superintendent, district superintendents, keepers, and surl'inen, which offices and positions shall be transferred from the corresponding positions in the exist- ing Life-Saving Service and be made like positions in the Coast Guard, and all the incumbent officers and surf- men shall be transferred to such corresponding positions in the Coast Guard, in which the superintendents shall be commissioned as such, keepers shall be warrant officers, and surfmen shall be enlisted men, of which enlisted men the number one surfmen shall be petty officers. # * # * # Except as herein modified all existing laws relating either to the present Life-Saving Service or the present Revenue-Cutter Service shall remain of force as far as applicable to the Coast Guard and the offices, positions, operations, and duties shall in all respects be held and construed to impose the same duties upon the positions and their incumbents in the Coast Guard as are now imposed upon the corresponding positions and incum- bents in the said two existing organizations. The pro- visions of the Act entitled "An Act to regulate enlist- ments and punishments in the United States Revenue- Cutter Service," approved May twenty-sixth, nineteen hundred and six, shall apply to and govern the Coast Guard. All duties now performed by the Revenue- Cutter Serv- ice and Life-Saving Service shall continue to be per- formed by the Coast Guard, and all such duties, together with all duties that may hereafter be imposed upon the Coast Guard, shall be administered by the captain com- mandant, under the direction of the Secretary of the Treasury, and all funds and appropriations now provided by law for the Revenue-Cutter Service and all funds and appropriations now provided by law for the Life-Saving Service shall be available for like purposes under the Coast Guard hereby created. * * ' * * * When the organization of the Coast Guard shall have Sec - 4 - been perfected the President is authorized to retire the general superintendent on seventy-five per centum of his 508 NAVIGATION LAWS OF THE UNITED STATES. June 18, 1878. Sec. 7. Bee, -2 present salary, and no further appointment shall be made to such office. At the same time the office of assistant general superintendent shall be abolished. 469. Life-Saving Service. It shall be the duty of the general superintendent to supervise the organization and government of the em- ployees of the service; to prepare and revise regulations therefor as may be necessary ; to fix the number and com- pensation of surfmen to be employed at the several sta- tions within the provisions of law ; to supervise the ex- penditure of all appropriations made for the support and maintenance of the Life-Saving Service; to examine the accounts of disbursements of the district superintendents, and to certify the same to the accounting-officer of the Treasury Department; to examine the property returns of the keepers of the several stations, and see that all public property thereto belonging is properly accounted for; to acquaint himself, as far as practicable, with all means employed in foreign countries which may seem to advantageously affect the interests of the service, and to cause to be properly investigated all plans, devices, and inventions for the improvement of life-saving apparatus for use at the stations, which may appear to be meritori- ous and available; to exercise supervision over the selec- tion of sites for new stations the establishment of which may be authorized by law T , or for old ones the removal of which may be made necessary by the encroachment of the sea or by other causes; to prepare and submit to the Sec- retary of the Treasury estimates for the support of the service; to collect and compile the statistics of marine disasters contemplated by the act of June twentieth, eighteen hundred and seventy-four ; and to submit to the Secretary of the Treasury, for transmission to Congress, an annual report of the expenditures of the moneys ap- propriated for the maintenance of the Life-Saving Serv- ice, and of the operations of said service during the year. 20,1874. The Secretary of the Treasury is hereby authori/ed. whenever, in his opinion, it may become necessary for the proper administration of the life-saving service, and the protection of the public property at the stations and houses of refuge herein authorized to be established, to appoint one superintendent for the 1 coasts of Delaware and Virginia, one for the coast of Florida, one for the coasts of Lakes Erie and Ontario, one for the coasts of Lakes Huron and Superior, and one for the roast of Lake Michigan, and also a keeper for each of said stations and houses of refuge; and the said superintendents shall have the powers and perform the duties of inspectors of customs. The Secretary of the Treasury is hereby authori/ed to appoint an assistant to the superintendent of the coast of PART XLVI. ADMINISTRATIVE AND KAKCt'TI VK, OK KICKS. 500 Long Island and Rhode Island, who shall perform the duties required of the superintendent at the life-saving stations within the State of L'hode Island, and reside on Block Island, and for his services he shall receive an annual salary of five hundred dollars. The Secretary of the Treasury is hereby authorized to Bec.6. employ crews of experienced surfmen at such of the sta- tions herein denominated complete stations and at such of the life-boat stations on the Pacific coast as he may deem necessary and proper, for such periods, and at such compensation, not to exceed forty dollars per month, as he may deem necessary and reasonable. The Secretary of the Treasury may accept the services see. 6. of volunteer crews of any of the life-boat stations herein authorized, who shall be subject to the rules and regula- tions governing the life-saving service; and a list of the names of each crew shall be kept in the office of the Sec- retary of the Treasury. Such volunteers shall receive no compensation except a sum of not more than ten dollars each for every occasion upon which they shall have been instrumental in saving human life, and such of the medals herein authorized as they may be entitled to under the provisions hereinafter made: Provided, That no pay- ment shall be made to any person who shall not have actually participated in the efforts to save the life or lives rescued. Section six of said act of June twentieth, eighteen him- ^J^J 8 ' 187 *- dred and seventy- four, is so amended as to extend the compensation of the enrolled members of volunteer crews of life-boat stations therein named to occasions of actual and deserving services at any shipwreck, or in the relief of any vessel in distress, and that such persons as may volun- teer to take the place of any absent or disabled enrolled members of a crew, and who shall be accepted by the keeper, may be paid therefor, in the discretion of the Secretary of the Treasury, a sum not to exceed eight dol- lars each on every such occasion: Provided, That all crews and volunteers employed under authority of this act who may be present at a wreck shall be required to use their utmost endeavors to save life and properly care for the bodies of such as may perish, and, when such efforts are no longer necessary, to save property and pro- tect the same, under the direction of the senior keeper present or of the superintendent of the district, until the arrival of persons legally authorized to take charge; and for the time employed in so saving and protecting prop- 510 NAVIGATION LAWS OF THE UNITED STATES. May 4, 1882. Sec. 7. Sec. 8. erty volunteers shall be entitled to compensation not to exceed three dollars per day each, in the discretion of the Secretary of the Treasury. If any keeper or member of a crew of a life-saving or life-boat station shall be so disabled by reason of any wound or injury received or disease contracted in the Life- Saving Service in the line of duty as to unfit him for the performance of duty, such disability to be determined in such manner as shall be prescribed in the regulations of the service, he shall be continued upon the rolls of the service and entitled to receive his full pay during the con- tinuance of such disability, not to exceed the period of one year, unless the general superintendent shall recom- mend, upon a statement of facts, the extension of the period through a portion or the whole of another year, and said recommendation receive the approval of the Secretary of the Treasury as just and reasonable; but in no case shall said disabled keeper or member of a crew be continued upon the rolls or receive pay for a longer period than two years. If any keeper or member of a crew of a life-saving sta- . ' ' 'tion shall hereafter die by reason of perilous service or any wound or injury received or disease contracted in the life-saving service in the line of duty, leaving a widow, or a child or children under sixteen years of age, or a dependent mother, such widow and child or chil- dren and dependent mother shall be entitled to receive, in equal portions, during a period of two years, under such regulations as the Secretary of the Treasury may prescribe, the same amount, payable quarterly as far as practicable, that the husband or father or son would be entitled to receive as pay if he were alive and continued in the service : Provided, That if the widow shall remarry at any time during the said two years her portion of said amount shall cease to be paid to her from the date of her remarriage, but shall be added to the amount to be paid to the remaining beneficiaries under the provisions of this section, if there be any; and if any child shall arrive at the age of sixteen years during the said two years, the portion of such child shall cease to be paid to such child from the date on which such age shall be attained, but shall be added to the amount to be paid to the remaining beneficiaries, if there be any. 1878 ' t T Pn the occurrence of any shipwreck within the scope of the operations of the ' Li fe-Sa vinr Service, at- tended with loss of life, the general superintendent shall cause an investigation of all the circumstances connected with said disaster and loss of life to be made, with a. view of ascertaining the cause of the disaster, and whether any of the officers or employees of the service have been guilty of neglect or misconduct in the premises: and any officer or clerk in the employment of the Treasury Department who may be detailed to conduct such investigation, or to PAUT XI. VI. ADMIMSTIIA I 1\ !; AND EXECUTIVE UFI-'K'KS. 511 examine into any alleged incompetcncy or misconduct of ;my oi' (he officers or employees of the Life-Saving Serv- !i:ill have authority to administer an oath to any wit- altcnding to testify or depose in the conrse oi' such investigation. The enrolled members oi' the crews of life-boat stations * 11. may he called out for drill and exercise in the life-hoat and life-saving apparatus as often as the general superin- tendent may determine, not to exceed twice a month, for each day's attendance at which they shall be entitled to the sum of three dollars each. The Secretary of the Treasury is hereby authori/ed to ^ y discontinue any life-saving or life-boat station or house of refuge whenever in his judgment the interests of com- merce and humanity no longer require its existence. The General Superintendent may transfer the appara- Sec - 3 - tus, appliances, equipments, and supplies of any discon- tinued station or house of refuge to such other stations or houses of refuse as may need them, and may also transfer any portion of the apparatus, appliances, equipments, and supplies, of one station or house of refuge to another whenever in his judgment the interests of the service may require it. Hereafter all district superintendents of life-saving Sec - 4 - stations shall be disbursing officers and paymasters for their respective districts, and shall give such bonds as the Secretary of the Treasury may require, and shall have the powers and perform the duties of inspectors of customs. The appointment of district superintendents, inspec- Sec. 10. tors, and keepers and crews of life-saving stations shall be made solely with reference to their fitness, and with- out reference to their political or party affiliations. Hereafter the compensation of the keepers of life-sav- J n e is, ing and life-boat stations and houses of refuge shall be at the rate of four hundred dollars per annum; and they shall have the powers of inspectors of customs, but shall receive no additional compensation for duties performed as such: Provided, That said keepers shall have author- ity and be required to take charge of and protect all property saved from shipwreck at which they may be present, until it is claimed by parties legally authorized to receive it, or until otherwise instructed to dispose of it by the Secretary of the Treasury ; and keepers of life- saving stations shall be required to reside continually at or in the immediate vicinity of their respective stations. [Note : Compensation changed June 22, 1892 ; but powers bestowed in this section remain.] Hereafter the life-saving stations upon the Atlantic sec. 5 and gulf coasts at which crews are employed shall be manned and the stations opened for active service on the first day of August in each year, and so continue until the Aug. 3, 1894. first day of June succeeding, and upon the lake coasts 92075 15 33 512 NAVIGATION LAWS OF THE UNITED STATES. May 4, 1882. Sec. 6. K. S., 2761. from the opening to the close of navigation, except such stations as, in the discretion of the Secretary of the Treasury, are not necessary to be manned during the full period specified; and the crews shall reside at the sta- tions during said periods. Crews may be employed at any of the life-saving or life-boat stations on the Pacific coast during such por- tion of the year as the general superintendent may deem necessary. .Tune 20, 1874. The Secretary of the Treasury is hereby authorized to make all necessary regulations for the government of the life-saving service not inconsistent with law. 470. Coast Guard. The master of any Coast Guard cutter shall make a weekly return to the collector, or other officer of the dis- trict under whose direction it is placed, of the transac- tions of the cutter, specifying the vessels that have been boarded, their names and descriptions, the names of the masters, from what port or place they last sailed, whether laden or in ballast, to what nation belonging, and whether they have the necessary manifests of their cargoes on board, and generally all such matters as it may be neces- sary for the officers of the customs to know. The officers of Coast Guard cutters shall perform, in addition to the duties hereinbefore prescribed, such other duties for the collection and security of the revenue as from time to time shall be directed by the Secretary of the Treasury, not contrary to law. 471. Bureau of Lighthouses. Hereafter there shall be in the Department of Com- merce a bureau of light-houses and a commissioner of light-houses, who shall be the head of said bureau, to be appointed by the President, who shall receive a salary of five thousand dollars per annum. There shall also be in the bureau a deputy commissioner, to be appointed by the President, who shall receive a sal- ary of four thousand dollars per annum, and a chief clerk, who shall perform the duties of chief clerk ami such other duties as may be assigned to him by the Secre- tary of Commerce or by the commissioner. There shall also be in the bureau such inspectors, clerical assistant-. and other employees as may from time to time be author- ized by Congress, and there shall also be employed one R S. f 2762. June 17, 1910. Bee. 4. PART XLVI. ADMINISTUANVK AND KXKd'TlYK OKKU'KS. chief constructing engineer at a salary of four thousand dollars per anniiiu and one superintendent of naval con- struction at a salary of three (lioiisand dollars per anniiiu, both to he appointed, by the President. The commissioner of light-houses shall make an annual report to the Secre- tary of Commerce, who shall transmit the same to Con- gress at the beginning of each regular session thereof; and such commissioner, subject to the approval of the Secretary of Commerce, is hereby authorized to consider, ascertain, adjust, and determine all claims for damages, where the amount of the claim does not exceed the sum of five hundred dollars, hereafter occasioned by collisions, for which collisions vessels of the Light-House Service shall be found to be responsible, and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appro- priations that may be made by Congress therefor. That all employees of or in the Light-House Board or sec. 5. the Light-House Establishment are hereby transferred to the bureau of light-houses, excepting, however, army and navy officers. All duties performed and all power and authority now sec. 6. possessed or exercised by the Light-House Board, under any provision of law not hereby repealed, are hereby transferred to and imposed and conferred upon and vested in the commissioner of light-houses, under the direction and control of the Secretary of Commerce. The commissioner of light-houses shall, under the di- sec. 7. rection and control of the Secretary of Commerce, have charge and control of the construction, maintenance, re- pair, illumination, inspection, and superintendence of light-house depots, supply stations, light and signal sta- tions, light-houses, light-vessels, light-house tenders, fog signals, submarine signals, beacons, buoys, day marks, post-lantern lights, and seamarks and their appendages, and generally of the Light-House Service; and the charge and custody of all the archives, books, documents, drawings, models, returns, apparatus, and other things appertaining to the Light-House Establishment. All materials for construction, maintenance, repair, and sec. 8. operation shall be procured by public contracts, under such regulations as may from time to time be prescribed 514 NAVIGATION" LAWS OF THE UNITED STATES. Sec. 9. Sec. 10. Sec. 11. by the commissioner, subject to the approval of the Sec- retary of Commerce, and no contract shall be made except after public advertisement for proposals in such form and manner as to secure general notice thereof, and the same shall only be made with the lowest and best bidder therefor, upon security deemed sufficient in the judgment of the commissioner of light-houses, but all bids may at any time be rejected by the commissioner: Provided, however, That the commsisioner of light- houses may purchase illuminating oil, wicks, and chim- neys for lights, and ground tackle for light-vessels and buoys, and to an amount not exceeding five hundred dol- lars at any one time, other materials and supplies when immediate delivery is required by an exigency, by private contract or in the open market, if he deems it for the best interests of the service so to do; but such purchases shall be set forth in the annual report of the commissioner with the reasons for purchasing other than upon bids after public advertisement. The commissioner, under the direction of the Secretary of Commerce, is authorized, whenever an appropriation is made by Congress for a new light-house, the proper site for which does not belong to the United States, to pur- chase the necessary land for such site, provided the pur- chase money be paid from the amount appropriated for such light-house without exceeding the limit of cost, if any, fixed in such case; and the commissioner of light- houses is authorized to employ temporarily draftsmen for the preparation of plans for tenders and light- vessels which may be authorized by Congress, to be paid from the respective appropriations therefor. The commissioner of light-houses, under the direction and control of the Secretary of Commerce, shall, from time to time, prescribe and distribute such regulations as he may deem proper for securing an efficient, uniform, and economic administration of the Light-House Service. The commissioner of light-houses, subject to the ap- proval of the Secretary of Commerce, as soon as prac- ticable, shall rearrange, the ocean, gulf, and lake coasts and the rivers of the Tinted States, Porto Rico, and the naval station in Cuba into not exceeding nineteen light-house districts, and a light-house inspector shall l>e assigned in charge of each district. The light-house inspectors shall each receive a salary of two thousand four hundred dollars per annum, except the inspector of the third district, whose salary shall be three thousand six hundred dollars per annum. The President may. for a period not exceeding three years from the taking ellect of this section, assign army and navy officers to act in lieu of the appointment of civilian light-house inspectors, but such army and navy officers shall not receive any PART XI. VI. ADMINISTIIATIYK AND K\ K( ' 1'TI V K oH'irKS. 515 salary or compensation in addition to the salary or com- pcTisation they arc entitled to as such army or navy oili- cers: /V^/vVrv/, Tliat in tlic districts which include the Mississippi River and its tributaries the President may designate army engineers to perform the duties of and act as inspectors. The President may detail officers of the Knginecr Corps of the United States Army for consulta- tion or to superintend the construction or repair of any aid to navigation authorized by Congress. No light-house, beacon, public piers, or landmark, R. s., 4661. shall be built or erected on any site until cession of juris- diction over the same has been made to the United States. A cession by a State of jurisdiction over a place selected R. s.,4662. as the site of a light-house, or other structure or work June 17, 1010. of the Light-House Service, shall be deemed sufficient within the preceding section, notwithstanding it contains a rcM-rvation that process issued under authority of such State may continue to be served within such place. And notwithstanding any such cession of jurisdiction contains no such reservation, all process may be served and exe- cuted within the place ceded, in the same manner as if no cession had been made. Whenever any of the light-vessels occupying positions R s., 4668. which are adapted to the erection of light-houses upon pile-foundations require to be rebuilt, or require such ex- tensive repairs as to render the substitution of such light- house advisable and practicable, such permanent struc- tures may be erected in place of any such light-vessels; but the expense arising from all such changes and erec- tions shall be defrayed from the general annual appro- priations for repairs, and so forth, of light- vessels, ex- cept when a special appropriation is made for such change. The Secretary of Commerce shall assign to any of the R. s., 4672. collectors of the customs the superintendence of such Feb - 14 - 1903 light-houses, beacons, light-ships, and buoys, as he deems Sec - 4 - best. The Secretary of Commerce is authorized to regulate R. s., 4673. the salaries of the respective keepers of light-houses in Feb - 14, 1903. such manner as he deems just and proper, but the whole Sec - 4 - sum allowed for such salaries shall not exceed an average of six hundred dollars to each keeper. The Secretary of Commerce may. upon the recommen- R. s., 4674. dation of the Commissioner of Light-Houses, discontinue Feb. 14, 1903. from time to time such lights as may from any cause be- Sec - 4 - come useless or unnecessary. And he may, upon the like JjJ*^* 1 1( recommendation, from time to time re-establish any lights which have been thus discontinued, whenever he believes such re-establishment to be required by public conven- ience or the necessities of trade or commerce. No inspector, light-keeper, or other person in any R. s., 4680. manner connected with the light-house service, shall be June 17 191 - 516 NAVIGATION LAWS OF THE UNITED STATES. interested, either directly or indirectly, in any contract for labor, materials, or supplies for the light house sefv- ice, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the light- house service. , 1906. After the first day of January, nineteen hundred and June 17, 1910. seven, it shall be unlawful for any person, company, cor- poration, or municipality not under the control of the Commissioner of Light-Houses, to establish, erect, or maintain in the navigable waters of the United States any light as an aid to navigation, or any other aid to navigation similar to any of those maintained by the United States under the control and direction of the Commissioner of Light-Houses, without first obtaining permission so to do from the Commissioner of Light- Houses, in accordance with rules and regulations to be established by the Secretary of Commerce ; and any per- son violating the provisions of this section or any of the rules and regulations established by the Secretary of Commerce in accordance herewith shall be deemed guilty of a misdemeanor and be subject to a fine not exceeding the sum of one hundred dollars for each offense, and each day during which such violation shall continue shall be considered as a new offense. 472. Treasury agents. R. s., 2G49._ The Secretary of the Treasury may appoint one super- Mar*. sf'illi?' vising special agent, who shall receive in addition to the necessary traveling expenses actually incurred by him, a compensation of ten dollars per day; eighteen special agents, who shall each receive in addition to the necessary traveling expenses actually incurred by him, a compensa- tion to be fixed by the Secretary of the Treasury, not to exceed eight dollars per day; and nine special agents, who shall each receive in addition to the necessary travel- ing expenses actually incurred by him, a compensation to Feb. 14, 1903. be fixed by the Secretary of the Treasury not to exceed jcs. 4, 10. g- x d o u ars p er j^y, for the purpose of making the exam- inations of the books, papers, and accounts of collectors and other officers of the customs, and to be employed gen- erally, under the direction of the Secretary, in the pre- vention and detection of frauds on the customs revenue; and the expenses thereof shall be charged to the kw appro- priation to defray the expense of collecting the revenue from customs." u. s.. L-r,r,i. The Secretary of the Treasury may, from time to time, AH. ir,, is. , na i a SU cl, regulations not inconsistent with law, for the government of the special agents, as he deems expedient, and may rescind or alter regulations so made. But no special agent, in addition to those aiithori/ed by the two preceding sections fsec. 2G4D as amended], shall be ap- pointed or employed upon any business relating to the customs revenue; nor shall any sum be paid to any agent authorized to be employed for mileage or any other ex- PART XLVI. ADMINISTRATIVE AND KXKCUTIVK <1 I K I S. 517 pen.-cs except such as are actually incurred in the dis- charge of his ollicial duty. It shall he the duty of all oflieers of the customs to exe- u. s., 2662. cute and carry into effect all instructions of the Secretary of the Treasury relative to the execution of the revenue laws: and in case any difficulty shall arise as to the true construction or meaning of any part of the revenue laws, the decision of the Secretary of the Treasury shall be con- clusive and binding upon all officers of the customs. The Secretary of the Treasury is hereby authorized, u. a., 2653. whenever he shall think it advantageous to the public service, to abolish or suspend the office of naval officer, or any other subordinate office, in any collection-district of the United States, except in Boston, New York, Philadel- phia. Baltimore, Charleston, Savannah, Portland in Maine, and San Francisco, and to assign the duties of tho office or any other subordinate office so abolished or sus- pended to a deputy collector or inspector of the customs; and so much of all fines, penalties, and forfeitures as would otherwise inure to either of such naval officers shall, after the discontinuance of their offices, respectively, be paid into the Treasury of the United States, and there credited to the fund for defraying the expenses of col- lecting the revenue from customs. 473. Alaska seal agents. The Secretary of Commerce shall have authority to Apr. 21, 1910. appoint such additional officers, agents, and employees Seo ' ' as may be necessary to carry out the provisions of this Act and the laws of the United States relating to the seal fisheries of Alaska, to prescribe their duties and to fix their compensation; he shall likewise have authority to purchase from the present lessee of the right to take seals on the islands of Saint Paul and Saint George, at a fair valuation to be agreed upon, the warehouses, salt houses, boats, launches, lighters, horses, mules, wagons, and other property of the said lessee on the islands of Saint Paul and Saint George, including the dwellings of the natives of said islands ; he shall likewise have author- ity to establish and maintain depots for provisions and supplies on the Pribilof Islands and to provide for the transportation of such provisions and supplies from the mainland of the United States to the said islands by the charter of private vessels or by the use of public vessels of the United States which may be placed at his disposal by the President; and he shall likewise have authority to furnish food, shelter, fuel, clothing, and other necessaries of life to the native inhabitants of the Pribilof Islands and to provide for their comfort, maintenance, education, and protection. The Secretary of Commerce is authorized to appoint R. g., 1373. one agent and three assistant agents, who shall be charged g^"? 14 ' 19 3 ' with the management of the seal fisheries in Alaska, and the performance of such other duties as may be assigned to them by the Secretary of Commerce. 518 NAVIGATION" LAWS <>F THK I' X TIKI) STATES. Feb. 14, 1903. Sec. 10. R. s., 1975. Such agents shall never be interested, directly or indi- rectly, in any lease of the right to take seals, nor in any proceeds or profits thereof, either as owner, agent, part- ner, or otherwise. R. s., 1976. Such agents are empowered to administer -oaths in all cases relating to the service of the United States, and to take testimony in Alaska for the use of the Government in any matter concerning the public revenues. R. s., 2999. For the purpose of better guarding against frauds upon the revenue on foreign merchandise transported between the ports of the Atlantic and those of the Pacific overland through any foreign territory, the Secretary of the Treas- ury may appoint special sworn agents as inspectors of the customs, to reside in such foreign territory where such merchandise may be landed or embarked, with power to superintend the landing or shipping of all merchandise, passing coastwise between the ports of the United States on the Pacific and the Atlantic. It shall be their duty, under such regulations and instructions as the Secretary of the Treasury may prescribe, to guard against the per- 1 petration of frauds upon the revenue. The compensation paid to such inspectors shall not in the aggregate exceed five thousand dollars per annum. 474. Coast and Geodetic Survey. R. s., 4681. The President is authorized to cause a survey to be taken of the coasts of the United States, in which shall be designated the islands and shoals, with the roads or places of anchorage, within twenty leagues of any part of the shores of the United States; and also the respective courses and distances between the principal capes or head- lands, together with such other matters as he may deem proper for completing an accurate chart of every part of the coasts. R. s., 4682. The President may also cause such examinations and observations to be made with respect to Saint George's Bank, and to any other bank, or shoal, and the soundings and currents, although beyond the distance of twenty leagues from the shore to the Gulf Stream, as he may deem especially subservient to the commercial interests of the United States. R. s., 4686. The President is authorized, for any of the purposes of surveying the coast of the Tinted States, to cause to he employed such of the puhlie vessels in actual service as he deems it expedient to employ, and to irive such instruc tions for reirulatiiiir their conduct as he deems proper, - to the ten., r of this Title [U.S., HM H;iH]. I'AIIT \LV1. ADAIIMSI i;.\TI\ I-. AND EXECUTIVE ni-l-'lCKS. 519 ( )llicers of tin 1 Army :iml N;i\y shall, as far as pnictica- 1: - s - 4087 - hie, IK> employed in tlu 1 \\ork of surveying the coast of the. Tinted States, whenever and in the manner required by the Department having charge thereof. The Secretary of Commerce may make such allowances R. S., 4088. to the oflicers and men of the Army and Navy, while 0111- ^ 4 14 ' 1903t ployed on ('oast Survey service, for subsistence, in addi- tion to their compensation, as he may deem necessary, not exceeding the sum aiithori/ed by the Treasury regulation of the eleventh day of May, eighteen hundred and forty- four. The salary of the Superintendent of the Coast Survey it. s., 4689. shall be six thousand dollars a year. The Coast Survey report shall be submitted to Congress u - s - 4G9 - during the month of December in each year, and shall be accompanied by a general chart of the whole coasts of the Tinted States, on as large a scale as convenient and prac- ticable, showing, as near as practicable, the configuration of the coasts, and showing, by lines, the probable limits of the Gulf Stream, and showing, by lines, the probable limit to which the soundings off the coast will extend, and si iow ing, by the use of colors and explanations, the exact portions of our coasts, of which complete charts have been published by the Coast Survey; also, showing such other parts of the coasts of which the triangulation, the topography, and the soundings have been completed, but not published, and, also, such parts of the coasts of which the triangulation and topography, or the triangu- lation only, have been completed. 475. District court commissioners. The terms of office of all commissioners of the circuit May - 8 . courts heretofore appointed shall expire on the thirtieth Si ' c - 19> day of June, eighteen hundred and ninety-seven; and such office shall on that day cease to exist, and said com- missioners shall then deposit all the records and other official papers appertaining to their offices in the office of the clerk of the circuit court by which they were ap- pointed. All proceedings pending, returnable, unexe- cuted, or unfinished at said date before any such com- missioner shall be continued and disposed of according to law by such commissioner appointed as herein pro- vided, as may be designated by the district court for that purpose. It shall be the duty of the district court of each judicial district to appoint such number of persons, to be known as United States commissioners, at such places in the district as may be designated by the district court, which United States commissioners shall have the same powers and perform the same duties as are now imposed upon commissioners of the circuit courts. The appointment of such United States commissioners shall be entered of record in the district courts, and notice thereof 520 NAVIGATION LAWS OF THE UNITED STATES. at once given by the clerk to the Attorney-General. That such United States commissioners shall hold their offices, respectively, for the term of four years, but they shall be at any time subject to removal by the district court; and no person shall at any time be a clerk or deputy clerk of a United States court and a United States commissioner without the approval of the Attorney-General : Provided, That all acts and parts of acts applicable to commission- ers of the circuit courts, except as to appointment and fees, shall be applicable to United States commissioners appointed under this Act. Warrants of arrest for viola- tions of internal revenue laws may be issued by United States commissioners upon the sworn complaint of a United States district attorney, assistant United States district attorney, collector or deputy collector of internal revenue, or revenue agent or private citizen, but no such warrant of arrest shall be issued upon the sworn com- plaint of a private citizen unless first approved in writ- ing by a United States district attorney. That United States commissioners and all clerks of United States courts are hereby authorized to administer oaths. 476. Unauthorized services. Ma?"l 6 i9b5 ^ Executive Department or other Government estab- Sec.4. ' lishment of the United States shall expend, in any one lec.'s. 7 ' li00 ' fiscal year, any sum in excess of appropriations made by Congress for that fiscal year, or involve the Government in any contract or other obligation for the future pay- ment of money in excess of such appropriations unless such contract or obligation is authorized by law. Nor shall any Department or any officer of the Government accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in cases of sudden emergency involving the loss of human life or the destruction of property. All appro- priations made for contingent expenses or other general purposes, except appropriations made in fulfillment of contract obligations expressly authorized by law, or for objects required or authorized by law without reference to the amounts annually appropriated therefor, shall, on or before the beginning of each fiscal year, be so appor- tioned by monthly or other allotments as to prevent ex- penditures in one portion of the year which may necessi- tate delirieney or additional appropriations to complete the service of the fiscal year for which said appropria- tions are made: and all such apportionments shall l>e ad- hered to and shall not be Waived or modified except upon the happening of some extraordinary emergency or un- usual circumstance which could not he anticipated at the time of making such apportionment, but this provision shall not apply to the contingent appropriations of the Senate or House of Representatives; and in case said ap- portionments are waived or modified as herein provided, PAHT XI. VI. ADMIMSTi; \TI\K AND KXKCUTIVE OFFK'KS. 521 the same shall IK' waive.! or modified in writing by the head of such Executive Department or other Go vemment establishment having control of the expenditure, and the reasons therefor shall be fully set forth in each particular ca>e and communicated to Congress in connection with estimates for any additional appropriations required on acconnt thereof. Any person violating any provision of this section shall be summarily removed from office and may also be punished by a fine of not less than one hun- dred dollars or by imprisonment for not less than one month. PART XLVIL FEES PAYABLE BY PRIVATE PERSONS. 477. Fees on vessels payable by private persons. [NOTE. By section 1 of the act of Tune 19, 1886, and section 22 of the act of June 10. isiio, the system of compensating officers of the Government enforcing the navigation laws was materially changed. Nearly all the fees previously collected by them from masters and owners of vessels of the United States for services rendered were abolished, and payment made directly from the Treasury on the basis of the former fees. For this reason, wherever practicable in the text of this compilation, provisions requiring the payment of fees have been omitted as no longer in force between the master or owner of a vessel of the United States and the Government, but in force only as determining the compensation, in some instances, paid by the Government to its employees. Following are the sections of law above referred to, with a schedule of the fees which still remain payable by the owner, master, or agent of a vessel of the United States at ports on the seaboard and western rivers, and also at ports on the Great Lakes and north- ern, northeastern, and northwestern frontiers.] .!. T x C Mar e 3~ There shall be one collector of customs for each of the 1913. 'customs collection districts above established [for list of customs collection districts see par. 478, p. 5*27], who shall receive the compensation hereafter set forth, which shall constitute all the compensation and emoluments to be received by him and which shall be in lieu of all fees, commissions, salaries, or other emoluments of any name or nature (including the right to charge for blank mani- fests and clearances under the provisions of section LMUs of the Revised Statutes) heretofore received by or allowed to him. * * * All moneys collected or received by such collectors of customs in their official capacities, whether as fees, storage, commissions, or from tin 1 salt 1 of blank forms or otherwise, shall be covered into the Treasury. June 19, 1886. On and after July first, eighteen hundred and eighty- six, no fees shall be charged or collected by collectors or ether officers of customs, or by inspectors of steam-vessels or shipping commissioners, for the following services to vessels of the United States, to wit: Measurement of ton- nage and certifying the same; issuing of license or grant- ing of certificate of registry, record, or enrollment, in- cluding all indorsements on the same and bond and oath ; indorsement of change of master; certifying and receiv- ing manifest, including master's oath and permit: grant- ing permit to vessels licensed for the fisheries to touch and trade: granting certificate of payment of tonnage dues: recording bill of sale, mortgage, hypothecation, or convevance, or the discharge of such mortgage or hypo- thecation: furnishing certificate of title; furnishing the crew list, certificate of protection to seamen: bill of health: shipping or discliaririni: of seamen, as provided by title fifty-three of the Revised Statutes JR. S.. 4501- lil-J| and section two of this act: apprenticing boys to 522 PART XI. VII.- KKKS I 'A \ A I 1 , 1 .K \\\ I'UYATK I'KKSONS. 523 tlu merchant service; inspect ing, examining, and licens- ing steam-vessels, including inspection certificate and copies thereof: and licensing ,,j' master, engineer, pilot, oi- mate of a \essel ; and a 11 pro\ isions of laws author i/ing 01- requiring the collection of fees for such services are repealed, such repeal to take ellect July first, eighteen hundred and eighty-six. Collectors or other ollicers of customs, ins])ectors of steam-vessels, and shipping com missioners \\lio are paid wholly or partly by fees shall make a detailed report of such services, and the fees pro- vided by law, to the Secretary of Commerce, under such ,.-,.,,_ n 1!M)i . { regulations as that officer may i)rescribe: and the Secre- Bee. ip. 1 tary of the Treasury | or the Secretary of Commerce | shall allow and pay, from any money in the Treasury not otherwise appropriated, said ollicers such compensa- tion for said services as each would have received prior to the passage of this act; also such compensation to clerks of shipping commissioners as would have been paid them had this act not passed: Provided, That such services have, in the opinion of the Secretary of Com- merce, been necessarily rendered. So much of the Act approved June nineteenth, eighteen .imie 25, 1010. hundred and eighty-six (Statutes at Large, volume twenty-four, page seventy-nine), as makes a permanent indefinite appropriation to pay compensation to shipping commissioners and the clerks of the shipping commis- sioners for services under said Act is hereby repealed, to take effect from and after June thirtieth, nineteen hun- dred and eleven; and the Secretary of Commerce shall, for the fiscal year nineteen hundred and twelve, and annually thereafter, submit to Congress in the regular Book of Estimates detailed estimates for compensation of such commissioners and clerks. Shipping Service: For shipping commissioners in \iar. 4, 1015. amounts not exceeding the following: Baltimore, $1,200; Boston, $3,000; New Bedford, $1,200; New Orleans, $1,500: New York, $5,000 ; Norfolk, $1,500; Philadelphia, $2,400; Portland, Maine, $1,300; Seattle, $3,500; Provi dence, $1,800; Rockland, $1,200; San Francisco, $4,000; in all, $27,600. All fees exacted and oaths administered by officers of June 10, isoo. the customs, except as provided in this act. under or by S(l< '- 22 - virtue of existing laws of the United States, upon the en- try of imported goods and the passing thereof through the customs, and also upon all entries of domestic goods, wares, and merchandise for exportation, are hereby abol- ished: * * Provided, That where such fees, under existing laws, constitute, in whole or in part, the compen- sation of any officer, such officer shall receive, from and after the passage of this act, a fixed sum for each year equal to the amount which he would have been entitled to receive as fees for such services during said year. 524 NAVIGATION LAWS OF THE UNITED STATES. PORTS ON ATLANTIC, PACIFIC, AND GULF COASTS AND WESTERN RIVERS. For inspector's certificate to cancel bond, etc ___ $o. 20 Granting permit to a vessel not belonging to a citizen of the United States to go from district to district, and for receiving manifest 2.00 Receiving manifest, and granting permit to unload, for last-mentioned vessel on arrival at one district from another ii.no Entry of vessel of 100 tons or more from foreign port '2. r,u Entry of vessel under 100 tdhs 1. 50 Clearance of vessel of 100 tons or more for a foreign port 2. 50 Clearance of vessel under 100 tons 1. r.o Post -entry 2. 00 Bond taken officially, not otherwise provided for, except when executed in connection with the entry or passage of goods through the customs, or with the entry of merchandise for exportation .40 Official certificate, except as above stated . 20 Collector's certificate to shipping articles . 20 Special certificate to cancel bond not given in connection with entry of merchandise, etc., under act 1890 .20 Certified copy of outward manifest, if required (fee abolished) Copy of marine document .20 Official documents (United States vessels' documents excepted) required by any merchant, owner, or master of any vessel not before enumer- ated, including bills of health for foreign vessels . 20 Services other than admeasurement to be performed by the surveyor in - foreign-going vessels of 100 tons or more, having on board merchan- dise subject to duty, Revised Statutes, 4186 (not applicable to vessels without cargo but with excess of sea stores) 3.00 For like services in vessels under 100 tons having similar merchandise 1. 50 For like services on all foreign-going vessels not having merchandise subject to duty .67 Certified copy of bill of sale, mortgage, or other conveyance . 50 Duties performed by the surveyor on vessel of 100 tons or upwards, if there be dutiable cargo 3. 00 Duties performed by surveyor on vessel of less than 100 tons, if there be dutiable cargo 1. 50 Duties performed by surveyor on vessel of whatever tonnage with free cargo or ballast . (57 Tonnage duty, if due Certificate payment tonnage dues, foreign vessel .20 Bill of health, foreign vessel . 20 Bond to retain cargo on board, if required .40 Certificate of American growth or production, if required . L'o Clearance of an American vessel for a foreign port: Fee same as above (but no fee collectible for bill of health, certificate payment tonnage tax, crew list, or bond). Certificate to shipping articles, if required . 20 The fees allowed to surveyors for services other than admeasnreinenl on board vessels may he charged by the collectors performing such services at ports where there are no surveyors, but such fees will not be collected from Coasting vessels. I-Ves for the admeasurement of vessels under 5 tons in burden will not he charged. Collectors may receive port warden's, health otlicer's. and harbormaster*! fees where it is a matter of convenience to all parties concerned. The term "legal fees," used in section 420<;. Revised Statutes, does not mean pilotage, half pilotage, or similar local charges. Masters of passenger vessels from foreign territory not contiguous to the United Stales an' required to pay. within twenty-four hours from entry, to the collector of customs at the port of arrival, *lo for each passenger over 8 years of age (not being a cabin passenger) who shall have died of natural disease during Hie voyairc. Collectors, naval otlicers. and surveyors are required to have posted in a public place in their offices a fair table of the fees demandahle hy law at their ports, subject at all times to inspection, and to give receipts for fees col- lected, specifying the particulars, whenever required to do so. Failure to observe these requirements entails a penalty of $100 for the benefit of the informer. PART XLVII. FKKS I'AYAIJLK liV PRIVATE PERSONS. 525 PORTS ON NORTHERN, NORTHEASTERN, AND NORTHWESTERN FRONTIERS. Post entry $2.00 Official bond no! otherwise provided for. except when exivnted in connec- tion with the entry or passage of goods through the customs, or with the entry of domestic merchandise for c\i>ortat ion .50 Official certificate not otherwise provided for. except as above stated .20 Special certificate to cancel bond not given i:i connection with entry, mer- chandise, etc.. under act 1X1)0 .20 Certified copy of outward manifest, if required .20 Copy of marine document . 20 Copy bill of sale, mortgage, or other conveyance .50 The fees above mentioned are applicable in the case of all vessels navi- gating the waters of the northern, northeastern, and northwestern frontiers otherwise than by the sea. and no fees other than those above specially enumerated <-an be legally collected from the owners or masters, as such, of vessels enrolled or licensed on said frontiers. Clearance of a foreign vessel for a foreign port : Clearance . 50 Bond to retain cargo, if necessary .50 Clearance of an American vessel directly for a foreign port: Clearance . 50 Bond to retain cargo, if necessary 50 Entry of an American vessel engaged in the coasting trade and touch- ing at a foreign port : Post entry, if made 2.00 The fees allowed to surveyors for services other than admeasurement on board vessels may be charged by the collectors performing such services at ports where there are no surveyors, but such fees will not be collected from coasting vessels. Fees for the admeasurement of vessels under 5 tons in burden will not be charged. Collectors may receive port warden's, health officer's, and harbor master's fees where it is a matter of convenience to all parties concerned. The term " legal fees," used in section 4206, Revised Statutes, does not embrace pilotage, half-pilotage, or similar local charges. Masters of passenger vessels from foreign territory not contiguous to the United States are required to pay. within twenty-four hours from entry, to the collector of customs at the port of arrival, $10 for each passenger over 8 years of age (not being a cabin passenger), who shall have died of natural disease during the voyage. Permits are not required on the northern frontier to unlade cargo brought from an American port: but permits must be obtained, and existing laws com- plied with, previous to the discharge or landing of passengers, baggages goods, wares, or merchandise brought from foreign ports or places. Canadian steamers trading on the northern frontiers from one foreign port to another, and touching during the course of such voyage at a port or place in the United States, and landing passengers, baggage, or freight are required to report. Enrolled or licensed vessels upon the frontiers departing from or arriving at a port in one collection district to or from a port in another collection dis- trict, although touching at an intermediate foreign port, are exempted from payment of the entrance and clearance fees of fifty cents each, and from the payment of tonnage tax, but in all such cases an entry or clearance must be made, and fees be paid of ten cents for certification of manifest and permit to go from district to district, and ten cents for receiving manifest. Vessels used exclusively as ferry-boats, however laden, will not be required to enter or clear, nor will the masters or persons in charge of such boats be required to present manifests or to pay entrance or clearance fees, or fees for receiving or certifying manifests; but such masters or other persons will be required to report to the proper officer of the customs in each instance, and to apprise him of any baggage, goods, wares, or merchandise which may have been imported in such boats from any foreign territory. F THE UNITED STA Collectors on the northern, northeastern, and northwestern frontiers are author- ized to keep v nil offices, blank manifests and clearances, and to charge therefor the sum of 10 cents for each blank, and no more. But this does not prohibit private persons from furnishing their own blanks, if said blanks are in accordance with law and regulations. Collectors, naval officers, and surveyors are required to have posted in a public place in their offices a fair table of the fees demandable by law at their ports, subject at all times to inspection, and to give receipts for f e* -- lected, specifying the particulars, whenever required to do ire to observe these requirements eutails a penalty of $100 for the benefit of the informer. PART XLV III. CUSTOMS DISTRICTS, PORTS, AND SUB- PORTS. 478. Customs districts ;iud ports of I 479. Power to drsimi;itc ports ;nul ontr\. sniiports. 478. Customs districts and ports of entry. I'istrirt. Boundary. Headquarters. Ports of entry. Maiiu and New Slate of Maine and ;vll of New Hampshire ex- Portland Portland. Hampshire. cept county of Coos. lloulton. Knit Kairfiold. Mar, Hill. Van liurt'ii. Mailauaska. Moiitirello. Miwhias. Lubec. Bath. Boothbay. Limestone. Km 1- Kent. Bridgewater. Bastport. Calais. Bangor. Ellsworth. Rockland. Vanceboro. Lowelltown (or Holeb). Belfast. Rockport. Castine. Vinalhaven. South West Har- bor. Portsmouth, N. H, (including Kit- tery). Vermont All of the State of Vermont; and the county St. Albans Newport. of Coos in the State of New Hampshire. North Troy. Derbyline. Island Pond. Bleecher Falls. St. Albans. Richford. Burlington. Alburg. Swan ton. Highgate. Massachusetts All of the State of Massachusetts Boston Boston. Gloucester. Salem (including . Beverly, Marble- head, and Lynn). Provincetown. Plymouth. , Barns table. Vineyard Haven. Fall River. New Bedford. Worcester. Springfield. Holyoke. Rhode Island All of the State of Rhode Island Providence. . . . Providence. Newport. Connecticut All of the State of Connecticut Bridgeport Hartford. New Haven. New London. Stonington. Middletown. South Manchester. Bridgeport. Stamford. Greenwich. Norwalk. 92075 15 34 52? 528 NAVIGATION LAWS OF UNITED STATES. District. Boundary. Headquarters. Port of entry. St. Laurence... Rochester. Buffalo. New York. Philadelphia..... Pittsburgh. Maryland.. Virginia. State of New York, to include all of the coun- ties of Clinton, Essex, Franklin, St. Law- rence, Jefferson, and Lewis. North Carolina. South Carolina... Georgia. All of the counties of Oswego, Onelda, Onon- daga, Cayuga, Seneca, Wayne, Broome, Tompkins, Chenango, Madison, Cortland, Hamilton, Schuyler. Chemung, Herkimer, Monroe, Ontario, Livingston, Yates, Steu- ben, Orleans, Genesee, and Wyoming. All of the counties of Niagara, Erie, Catta- raugus, and Chautauqua. To include all that part of the State of New York not expressly included in the districts of St. Lawrence, Rochester, and Buffalo, and also to include the counties of Sussex, Pas- saic, Hudson, Bergen, Essex, Union, Middle- sex, and Monmouth, in the State of New Jersey. To include all that part of the State of Pennsyl- vania lying east of 79 \vest longitude, all of the State of Delaware, and all of that part of the State of New Jersey not included in the district of New York. To include all of the State of West Virginia and all of the State of Pennsylvania lying \\cst of 7'J west longitude, except the county of Erie. To include all of the State of Maryland, the District of Columbia, and the county of Alexandria in the Sta{e of Virginia. To include all of the State of Virginia, except the county of Alexandria. (Tin- port, of Norfolk shall Include both of slid cit ics and the waters and shores of Hampton Roads.) To include all of the State of North Carolina... All of the State of South Carolina.. All of the State of Georgia except the north shore of the St. Marys River and the city of St. Marys. Ogdensburg. Rochester. . Buffalo. New York. Philadelphia. Pittsburgh. Baltimore. Norfolk... Wilmington. Charleston . Savannah. Ogdensburg. Nyando. Morristown. Rouses Point. Malone. Fort Covington. Plattsburg. Champlain. Chateau gay. Moores Junction. Waddington. Cape Vincent. Alexandria Bay. Chaumont. Clayton. Rochester. Oswego. Utica. Syracuse. Charlotte. Fair Haven. Sodus Point. Buffalo. Niagara Falls. North Tona\vanda (including Tona- wanda). Dunkirk. Lewis ton. New York. Newark. Perth Amboy. Patchogue. Greenport. Albany. Philadelphia (to include Camden and Gloucester City, N. J.). Somers Point. Thompsons Point. Tuckerton. Chester. Wilmington. Lewes. Pittsburgh. Wheeling. Baltimore. Washington. Crisfidd. Annapolis. Alexandria. Norfolk. Newport News. Richmond. Petersburg. Capo Charles City. Chini'DteagiK'. Reedville. Wilmington. KlizuU-ih City. Nc\\ IMTII. Manteo. Beaufort. Charleston. Georgelov. n Beaufort. R:\annah. Brunswick. Darin. Atlanta. PART XLVIII. CUSTOMS DISTRICTS, I'niJTS, AND sriJI'oitTS. 529 District. Boimdary. Headquarters. Port of entry. Florida. . Mobile.. New Orleans... Sabine.. Galveston Laredo. El Paso.. Arizona.. All of (he State of Florida :ni v t sw+Vt 1 .^ +,'*.,, 1 ,-1 south of 35 north latitude. Tampa.. Mobile. New Orleans. Port Arthur. . . Galveston. Laredo. El Paso... Eagle Pass... Nogales. . . Los Angeles. T;imp;i (including I'orl Tampa;. Key W. si. I'lliilu (Jdrda. |{(x'a (Irande. Miami. Jacksonville. I'cii.-acola. St. Andrews. St. Aliens! inc. Fernandina (in- cluding St. Marys, Ga.). Cedar Keys. Ton tagm Apaladiicola. Carrabelle. Mobile. Birmingham. (iulfport. Scranton. New Orleans. Morgan City. Port Arthur. Sabine. Galveston (includ- ing Port Bolivar and Texas City). San Antonio. Dallas. Houston. Port Lavaca. Laredo. Brownsville. Rio Grande City. Corpus Christi. Roma. Santa Maria. El Paso. Columbus. New Mexico. Eagle Pass. Boquillas. Del Rio. Presidio. Nogales Naco. Yuma. Douglas. Los Angeles. San Pedro. San Diego. Calexico. Campo. Tia Juana. 530 NAVIGATION LAWS OK TIIK I'NITED STATES. District. Boundary. Headquarters. Port of entry. San Francisco All that part of the Stale of California lying San Francisco. Sun. Fruncisco (in- north of 35 north latitude. eluding Oak- land). Eureka. Port Harford. O regon All of the State of Oregon Portland Portland. Astoria. ' Newport. Empire. Washington All of the State of Washington Seattle Seattle. Port Townsend. Aberdeen. Anacortes. Bellingham. Blaine. Chopaka. Danville. Everett. Ferry. Friday Harbor. Laurier. Molson. Xorthport. Port Angeles. Roche Harbor. South Bend. Spokane. Sumas. Tacoma. Alaska \11 of the Territory of Alaska Juneau Tuneau Eagle. Ketchikan. Cordova. Sulzer. St. Michael. Skagway. I'nahiska. Wrangell. Fortvinile. Fairbanks. Nome. Hawaii All of the Territory of Hawaii Honolulu Honolulu. Hilo. Katuilui. Kaloa. Mahukona. Montana and Idaho. All of the States of Montana and Idaho (Ireat Falls Croat Falls. Eastport. Port Hill. 1'Irntywood. Sweet grass. (!atf\\ay. Dakota All of tho Sl.-id-s of N'orth :md South Dakota peinhina Pembina. and the county of Kittscu in the Slate of Noyes. Minnesota. St. 'Vincent. Portal St. John. Hannah. Heche. Anil" Soi iris. Walhalla. Barte. Sherwood. !lansl)oro. Crosby. Antler. Minnesota Sialo of Minnesota lying south of f> north St Paul St. Paul. latitude. Minneapolis.. Minneaiwlis. Duluth and Supe- rior. All of the Statp of Minnesota. e\< vpi HIP county of Kittst-n. lying north of -Hi north latitude and all of the State of V* Duluth and Superior. Duluth. Superior. International Ivintr north of said latitude, and the island of Isle Koval. in the State of Michigan. (The port of Duluth and Superior shall in- clude both of said cities and West Superior.) Falls. Warroad. Hanier. Two Harbors. Ashland. Isle Koyal. PAET xi. vin. CUSTOMS DISTIMCTS, PORTS, AND sr r.i-oins. District. Boundary. Headquarters. Port of entry. Wisconsin All of the State of Wisconsin lying south of -If. Milwaukee Milwaukee. north latitude. (ireen Bay. Keno. ha. Kewaunee. Manitowoc. Marinette (includ- ing Monominee). Karine. Sturgeon Bay. Michigan Ml of the State of Michigan Detroit Detroit. Port Huron. Sadnaw. Alpena. l)or rMfir Jitly I -iiy. Marino City. St.Clair. Grand Rapids. Grand Haven. Charlevoix. Ludington. Manistee. Manistique. Muskegon. St. Joseph. Petoskey. SaoItSte. Marie. Chebovgan. Mackinaw. Detour. Escanaba. Gladstone. Houghton. Marquette. Chicago All of the State of Illinois lying north of 39 Chicago Chicago. north latitude and all that part of the State of Indiana lying north of 41 of north lati- tude. Peoria. ' Michigan City. Indiana All of the State of Indiana lying south of 41 of Indianapolis. . Indianapolis. north latitude. Evansville. Ohio All of the State of Ohio and the county of Erie Cleveland Cleveland. in the State of Pennsylvania. Conneaut. Ash tabula. Fairport. Lorain. Sandusky. Put-in-Bay. Toledo. Cincinnati. Columbus. Dayton and Erie. Corry, Pa. Kentucky All of tho State of Kentucky Louisville Louisville. Paducah. Tennessee All of tho State of Tennessee Memphis Memphis. Nashville. Chattanooga. Knoxville. Iowa All of the State of Iowa Des Moines Des Moines. Sioux City. Dul'iique. St. Louis All of the States of Missouri, Kansas, Arkansas, St. Louis St. Louis (includ- and Oklahoma, and all that part of the Slain of Illinois lying south of 39 north latitude. ing East St. Louis). Kansas City. Cairo, 111. St. Joseph, Mo. Omaha All of the States of Nebraska and Wyoming. Omaha... Omaha. Lincoln. Colorado All of the State of Colorado Denver Denver. Utah and Nevada. . . Porto Rico All of the States of Utah and Nevada The island of Porto Rico Salt Lake City. San Juan Salt Lake City. San Juan. iiumacao. Aguadilla. Mayaguez. Arecibo. Arroyo. Fajardo. Ponce. Guanica. 532 NAVIGATION LAWS OF THE UNITED STATES. The use of the terms " port of delivery " and " subport of entry " is hereby discontinued, and all ports of entry, subports of entry, and ports of delivery not above specifically mentioned as ports of entry, are hereby abolished. The privileges of the first and seventh sections of the act of June 10, 1880, commonly known as the " immediate transportation act," shall remain as heretofore existing with respect to the ports of entry above mentioned. Ports at which merchandise may be entered for transportation to other ports without appraisement under the act of June 10, 1880. Alburg, Vt. Astoria, Oreg. Baltimore Md. Bangor, Me. Bath, Me. Bay City, Mich. Beecher Falls, Vt. Blaine, Wash. Boston, Mass. Brownsville, Tex. Brunswick, Ga. Buffalo, N. Y. Burlington, Vt. Calais, Me. Charleston, S. C. Chicago, 111. Cleveland, Ohio. Detroit, Mich. Duluth. Minn. Eagle Pass, Tex. Eastport, Idaho. Eastport, Me. El Paso, Tex. Everett Wash. Fernand ina, Fla. Galveston, Tex. Gladstone, Mich. Honolulu, T. H. Island Pond, Vt. Key West. Fla. Knights Key, Fla. Laredo, Tex. Los Angeles. Cal. Malone, N. Y. Marquette, Mich. Miami, Fla. Milwaukee, Wis. Mobile, Ala. New London, Conn. New Orleans, La. Newport, Vt. Newport News. Va. New York, N. Y. Niagara Falls, N. Y. Nogales, Ariz. Norfolk, Va. Nyando, N. Y. Ogdensburg, N. Y. Pembina, N. Dak. Pensacola. Fla. Philadelphia, Pa. Port Arthur, Tex. Port Huron, Mich. Portal, N. Dak. Portland, Me. Portland, Oreg. Port Townsend,Wash. Providence, R.I. Ranier, Mum. Richford, Vt. Rochester, N. Y. Rouses Point, N. Y. St. Albans, Vt. St. Vincent, Minn. San Diego, Cal. San Francisco, Cal. Sault Ste. Marie, Mich. Savannah. Ga. Seattle, Wash. Sioux City, Iowa. Sumas, Wash. Tacoma, Wash. Tampa, Fla. Texas City, Tex. Toledo, Ohio. Van Buren, Me. Vanceboro, Me. Wilmington, N. C. Ports to which merchandise may be transported without appraisement under the act ol June 10, 1880. Albany, N. Y. Astoria, Oreg. Atlanta, Ga. Baltimore Md. Bangor, Me. Bath, Me. Bellingham, Wash. Birmingham, Ala. Boston, Mass. Bridgeport. Conn. Buffalo, N. Y. Burlington, Vt Calais, Me. Charleston, S. C. Chattanooga, Term. Chicago, III. Cincinnati, Ohio. Cleveland, Ohio. Coal City, 111. Columbus, Ohio. Cony, I 'a. Council Bluffs, Iowa. Dallas, Dayton, Ohio. Denver, Colo. DCS Moincs, Iowa. Detroit, Midi. Duhuqtie, Iowa. Duluth, Minn. Dunkirk, N. Y. Dnrango, Colo. Durham, N. C. Eagle Pass, Tex. Eastport, Me. El Paso, Tex. Enfield, Conn. Erie, Pa. Evansville, Ind. Everett, Wash. Fall River, Mass. Calveston, Tex. Gladstone, Mich. Gloucester, Mass. Grand Haven, Mich. (Irand Rapids Mich. Green Bay, Wis. Greenwich, Conn. Hartford, Conn. Honolulu, Hawaii. Houston, Tex. Indianapolis, Ind. Jacksonville, Fla. Kansas City, Mo. Key West /Fla. Knoxville, Tenn. Laredo, Tex. Li-ad v if le, Colo. Lincoln, Nebr. Ix>s Angeles, Cal. Louisville, I. Marquette, Midi. Memphis, Trim. Middlelown, Conn. Milwaukee, Wis. Minneapolis, Minn. Mobile, Ala. Nashville, Tenn. Newark, N. J. New Bedford, Mass. New Haven, Conn. New Orleans, La. Newport, R. I. Newport News. Va. New York, N. Y. Niagara Falls, N. Y. Nogales, Ariz. Norfolk, Va. Norwalk, Conn. Oakland. Cal. Ocala, Fla. Ogdensborg. N. Y. Omaha, Nebr. I'eoria, 111. Perth Ambov, N. J. Petersburg, Va. I'ctoskey, Mich. Philadelphia, Pa. Pittsburgh, Pa. Port Arthur, Tex. Port Huron. Mich. Portland, Me. Portland, Oreg. Portsmouth, N. II. Port Townsend, Wash. Providence. R. I. Pueblo, Goto, Richmond, Va. Rochester, N. V. St. Augustine, Fla. St. Joseph. Mo. St. Louis, Mo. St. Paul, Minn. Sabine Pass, Tex. Saginaw, Mich. Salt Lake City, Utah. San Antonio, Tex. San Diego, Cal. Sandusky, Ohio. San Francisco, Cal. Sault Ste. Marie, Mich. Savannah, Ga. Seattle, Wash. Sioux City, Iowa. South Manchester, Conn. Spokane, Wash. Springfield Mass. Stamford, Conn. Superior, Wis. Syracuse, N. Y. Tacoma, Wash. Tampa. Fla. Titnsvillc, Pa. Toledo. Ohio. Utica, N. Y. Vanct'boro, Me. Vernon ( Rocky i Conn. Washington, D. C. Wilmington, Del. Wilmington, N. C. Worcester, Mass. PART XLVIII. CUSTOMS DISTRICTS, PORTS, AND SUBPORTS. 533 List of poris ;it which bonded w.iichon^-s .m- i-si.-ildishcd. Apalachirola, ! l:i. Atlanta, Kaslport. Mo. Kl I'aso, Tex. Now Orleai Newport Nt.ws, Va. Korhesl.T, N. Y. St. Joseph, Mo. Baltimore , Md. Krie, 1'a. Newark, .V.I. St. Louis, Mo. Bangor, M<>. r.vansville, Tixl. New York. St. MirhaH, Alaska. Bath, lie. Everett, \V:ush. Niagara Falls, N. Y. St. I'aul, Minn. Bel fast, Mtv Kail Kiver. Mass. Nogales, Ari/. Sa.i'inau , Mich. Bonners Ferry. Mont. Calveston, Tex. Ogdensburg, N. Y. Salem, Mass. Hoottlbav, Me. <;loncesl.-r, Mass. Omaha, Ne.hr. San Antonio, Tex. Huston, fa (irand Rapids, Midi. Oswego, N. Y . San I>iei/o, Cal. Hi itl.L'oport , Conn. (ireat Falls, Mont. Pensacola. Fla. San Francisco, Cal. Brownsville, Tex. (,reen Bav, Wis. Perth Am boy, N. J. San Juan, P. R. Buffalo, N.Y. 11 art ford, Conn. Petersburg, Va. Savannah. Ca. Burlington, Vt, Honolulu, Hawaii. Philadelphia, Pa. Seattle, Wash. Cape \ inrent, N. Y. Castine, Me. Clwttanoopa, Tenn. Indianapolis, Ind. Kansas City, Mo. Kev West, "Fla. Pittsburgh, I'a. Plattsburg, N. Y. Port Huron, Mich. Sioux City. Iowa. Hkagway, Alaska. Spokane, Wash. Chicago, IU. I.afedo, Tex. Portland, Mo. Syracuse, N. Y. Cincinnati, Ohio. Lincoln, Nobr. Portland, Oreg. Tacoma, Wash. Denver, Colo. Los Angeles, Cal. Portsmouth, N. II. Tampa, Fla. Detroit, Midi. Louisville, Ky. Port Townsend, Wash. Toledo. Ohio. Duluih, Minn. Minneapolis, "Minn. Providence, K. I. Utica,N. Y. Durham, N. C. New Haven, Conn. Provineetown, Mass. F.aido Pass, Tex. New London, Conn. Richmond, Va. List of ports where the custom-house premises are used for the storage of imported good in bond. Albany, N. Y. Aguadilla, P. R. Arocibo. 1'. K. Arroyo, P. R. Baneor. Me. Charleston, S. C. Cleveland, Ohio. Columbus, Ohio. Fajardo, P. R. Cuanica, P. R. Humacao, P. R. Jacksonville, Fla. Marquette, Mich. Mayaguez, P. R. Memphis, Tenn. Milwaukee, Wis. Nashville, Tenn. Norfolk. Va. Peoria, 111. Ponce, P. R. Providence. R. I. Rochester, N. Y. St. Augustine, Fla. Sandusky, Ohio. San Juan, P. R. Springfield, Mass. Washington, D. C. (Georgetown). Wilmington, Del. 479. Power to designate ports and subports. Such other places [in Alaska] as may be designated by the Secretary of the Treasury, as the interests of com- merce may require, shall be subports of entry or delivery or both; and customs officers shall be stationed at such subports, Avith authority to enter and clear vessels, receive duties, fees, and other moneys, and perform such other services and receive such compensation as in the judg- ment of the Secretary of the Treasury the exigencies of commerce may require. Such other places in the State of Colorado as the Sec- retary of the Treasury may designate from time to time shall be ports of delivery, with all the privileges now accorded by law to the port of Denver, Colorado, the sur- veyor of customs of which port shall supervise the cus- toms business transacted at such places in the same man- ner and to the same extent as at Denver. Such places in the collection districts in the State of Florida as the Secretary of the Treasury may from time to time designate shall be subports of entry and delivery, and customs officers shall be stationed at such subports, with authority to enter and clear vessels, receive duties, fees, and other moneys, and perform such other services and receive such compensation as, in the judgment of the Secretary of the Treasury, the exigencies of commerce may require. Such other ports as the Secretary of the Treasury shall from time to time designate shall be subports of entry [Puget Sound] and customs officers shall be, &c., &c. Mar. 16, 1896. Feb. 14, 1903. Sec. 10. May 22. 1896. Sec. 2. June 10, 1896. Feb. 14, 1903. Sec. 10. Aug. 28, 1890. Sec. 2. Feb. 14, 1903. Sec. 10. 534 NAVIGATION LAWS OF THE UNITED STATES. Mar. 3. 1901. Such places in the customs district of the Territory of Hawaii as the Secretary of the Treasury may from time to time designate shall be subports of entry and delivery, and customs officers shall be stationed at such subports Feb 14 1903 w ^ n authority to enter and clear vessels, receive duties, Sec. 10.' ' fees, and other moneys, and perform such other services and receive such compensation as in the judgment of the Secretary of the Treasury the exigencies of commerce may require: Provided* however, That the Secretary of the Treasury be, and he is hereby, authorized and em- powered to discontinue such subports of entry or delivery whenever in his judgment there is necessity for such action. Apr. 12, 1900. The Secretary of the Treasury shall designate the sev- eral ports and subports of entry in Porto Rico and shall make such rules and regulations and appoint such agents as ma ^ ^ )e necessal T to collect the diit ies and taxes author- Feb 14 1903 Sec. 10.' i /( ' ( l to be levied, collected, and paid in Porto Rico by the provisions of this Act, and he shall fix the compensa- tion and provide for the payment thereof of all such offi- cers, agents and assistants as he may find it necessary to employ to carry out the provisions hereof. May 23, 1908. Monterey and Port Harford, in the State of California, are hereby made subports of entry in the district of San Francisco, and the necessary customs officers may, in the discretion of the Secretary of the Treasury, be stationed at each of said subports with authority to enter and clear vessels, receive duties, fees, and other moneys, and per- form such other services as, in his judgment, the interest of commerce may require, and said officers shall receive such compensation as he may allow. Sec. 2. In lieu of stationing deputy collectors or other customs officers permanently at either of said subports, in said dis- trict, the Secretary of the Treasury may. in his discretion, authorize the necessary officers to he detailed from time to time, from the port of entry, or from another suhport within such district to enter or clear vessels, receive duties, fees, or other moneys, and perform such other services as, in his judgment, the interests of commerce may require. Apr. 27, 1910. Baton Ivouge, in the State of Louisiana, is hereby made a subport of entry in the district of New Orleans, and the necessary customs officers stationed at said port may, in the discretion of the Secretary of the Treasury, enter and clear vessels, receive duties, fees, and other moneys, and perform such other service as, in his judgment, the. interest of commerce may require. Mar. 3, 1911. Saint Andrews, in the State of Florida, is hereby made a subport of entry in the district of IVnsacola. and the necessary customs officers may. in the discretion of the Secretary of the Treasury, be stationed at said subport with authority to enter and clear vessels, receive duties. fees, and other moneys, and perform such other services as, in his judgment, the interest of commerce may require, and said officers shall receive such compensation as he may allow. PART X TJX. CONSULATES OF THE UNITED STATES. 480. Consulates of the United States. (In tlu> following list places in roman type :in> principal ofliees consulates general and consulates. Places in italic* are consular agencies, the agents being subordinate to and under the direction of (he principal consular ollieers. ) AFRICA. Alexandria, Egypt. Algiers, Algeria. .1 NNOtlt , I'll/l/lt. Bloemfontet*, Oranae Tfirer Colon//. H,,n Hi A fried. Roma. Kongo. Cairo. K-ypt. Cape Town. Capo of Good Hope. South Africa. Cf/.s-f/ Ulanea. Miirorcti. hakar. Senegal, West Africa. i Mirhan. Natal. South Africa. East London, Cape of Good Hot>( , South Africa. Johannesburg, Transvaal, South Africa. Loiirenco Marques, East Af- rica. Moffador, Morocco. Mombasa, British East Af- rica. Monrovia. Liberia. (tran, .1 lra xetitia. C aba no, Quebec. Calgary, Alberta. Campbellton, New Bruns- wick. CV/H.SO, Nova Scotia. Charlottetown, Prince Ed- ward Island. Cornwall, Ontario. Cumberland, liritish Colum- bia. l.'ilnionton, Alberta. Eilmundston, New Bruns- wick CANADA Continued. Fernie, British Columbia. Fort lOrie. Ontario. Fort William and Port Ar- thur, Ontario. Fredericton, \eu- HIUHX- wick. Gait, Ontario. Halifax, Nova Scotia. Hamilton, Ontario. Kenara, (tntario. Kingston, Ontario. Lelfihridfie, A Uteri a. Lireri>ol . \ova Scotia. . \ora Hcotia. rn, \ora Xeotia. Moncton, New Brunswick. Montreal, Quebec. Nanaimo. liritixh Columbia. \ r/.s'OH, liritish Columbia. Newcastle, \eir Brwunoiclt. Niagara Falls, Ontario. \ or Hi Han, Ontario. Orillia, Ontario. Ottawa, Ontario. i'asncliiae, Quebec. I'eterboroiif/ii, Ontario J'ort llawkcsbury, Nova Scotia. Prescott, Ontario. Prince Rupert, British Co lumbia. Ouebec, Quebec. Riviere du Loup, ()uebec. St. John, New Brunswick. St. John's. Newfoundland. St. Stephen. \ew Brunswick. Sarnia. Ontario. Sault Sfe. Mario, Ontario. Shorbrooke. (Quebec. SWHHiertide, l'rin (Irand Canarii. Teneriffie. CAPE OF GOOD HOPE. ( X( < under Africa. ) CAPE VERDE ISLANDS, (Atlantic Ocean.) Sao Vtecnte. 535 536 NAVIGATION LAWS OF THE UNITED STATES. CELEBES. DENMARK. GERMANY. (Malaysia.) (Europe.) (Europe.) Macassar. Copenhagen. Aix la Chapelle. CEYLON. DOMINICAN REPUBLIC. Berlin. 11 ' (Indian Ocean.) (West Indies.) Brake. Bremen. Colombo. Azua. BreMerftaeojit La Romana. Breslau. CHILE. Monte Chrixti. Brunswick. (South America.) Puerto Plata. Cassel. 8amanool. Wey mouth. (Central America.) Guatemala. Barranquilla. Call. Cartagena. FRANCE. (Europe.) Lirhu/ston. I'm-rtit Harriot. Sun ,/o.sr dc Guatemala. Mcdellin. Santa Marta. .1 tnicnft. GUIANA. 1 in* tin, Corsica. (South America.) COSTA RICA. l!i Hi'. (Central America.) Bordeaux. <;Mrgeto\vn. British Guiana. j'nntintirilio, Dulch (luinna. Port Limon. Brest. Pnntorenat. Calais. HAITI. San Jose\ Cctte. (West Indies.) CUBA. (West Indies.) Dijon. l> n n kirk. .1 i/.r Caves. Cape Haltlen. Antilla. (in- noble. CrOfl " ^ rr.v. Jacmel. Haracoa. Caibarien. Havre. La Uochelle. ./TI niir. OoritaMt. Limoges. Port an 1'rince. Cifiifuegos. (hwntanamo. Lyon, MarHt'ille. Port de Pate. Habana. \ antes. 1IO\DURAS. Manzanillo. , Matanzas. Nice. Paris. (Central America.) Nueva (Icrona, Isle of 1'iiu-n. Nueritas. Sagua la Grand <. Santiago de Cuba. Kll.-imS. Roubaix. K<>nen. St. Etienne. \innpala. Beli/<>. British Honduras. Bonoooo. PART XLIX. CONSULATES OF THE UNITED STATES. 537 HONDURAS Continued. 1 Ml IM \< >l AIH I./. NEW ZEALAND. Ceilm. (See under Africa.) (South I'M, -in,. Ocean.) Puerto Cortes. Auckland. Roatan. Han Jnancito. Sun J'ttlro Kula. Tegucigalpa. 1.1 \i:>iiiURG. < 1 .III ,,|M'.| cin -intfimrch. Duncdin. \\)i , ('oafi niJii. ROUMANIA. Kobe\ Tuxpam, Vera Cruz. (Balkan State, Europe.) Nagasaki. Yokkaichi, Vera Cruz, Vera Cruz. Bucharest. Yokohama. MOROCCO. RUSSIA. JAVA. (See under Africa.) (Europe and Aaia.) (Malaysia.) NATAL. Batum. Batavia. Soerauaya. (See under Africa.) Ifdxingfors, Finland. Lilian.' Moscow. KONGO. NETHERLANDS. Odessa. (Europe.) Petrograd. (See under Africa.) Reval. Amsterdam. Riga. LIBERIA. Flushing. Rostoff-on-Don. Rotterdam. Vladivostok, Siberia. (See under Africa.) Scheveningen. Warsaw. 538 NAVIGATION LAWS OF THE UNITED STATES. ST. PIERRE-MIQUELON. SPAIN Continued. TURKEY Continued. (Islands, North Atlan- Pal in a dc M allorca. Beirut, Syria. tic Ocean.) Seville. Constantinople. St. Pierre-Miquelon, North Atlantic Ocean. Tarragona. Valencia. Vigo. Dardanelles. Diarbeklr. SALVADOR. STRAITS SETTLE- Haifa, tfyria. 1 1 od cida. (Central America.) MENTS. Jaffa, Palestine. Jerusalem, Palestine. San Salvador. (Islands, Straits of Mcrsina. Malacca.) Miti/lene. SAMOA. Hunt sun. (South Pacific Ocean.) Penann. Singapore. Smyrna. Trchizond. Tripoli, Syria. Apia. SUMATRA. SCOTLAND. (Malaysia.) URUGUAY. (Europe.) Pa dang. (South America.) .1 bcrdcen. SWEDEN. Montevideo. iMindee. I umfermline. (Europe.) VENEZUELA. Edinburgh. Glasgow. Goteborg. Mai nt 6. (South America.) Troon. Stockholm. Caracas. SENEGAL. XnnilxniU. ('antj)ano. < 'in dad liolivar. (See under Africa.) SWITZERLAND. La Guaira. SERVIA. (Europe.) Bnsol. Maracaibo. Puerto Cabello. (Balkan State, Enrope.) Berne. WALES. Belgrade. Geneva. Lucerne. (Europe.) SIAM. St. Gall. Cardiff. (Asia.) Vevey. Zurich. Swansea. Bangkok. TAIWAN. WEST INDIES. SIBERIA. (China Sea.) (Atlantic Ocean and (' rrihheiin Son.) (See under Russia, i Tansui. SIERRA LEONE. TASMANIA. Barbados. Bonairt. (Island, South Pacific lirii/litmi. Trinidad. (See under Africa.) Ocean.) Cockbiirn llarlmr, Turks Is- SOCIETY ISLANDS. Hobart. land. Cuba (Mr under Cuba i. (South Pacific O.M :in.) TRANSVAAL. Curacao. Dominican Republic (xee un- Tahiti. (Sec under Africa.) der 1 >oininican Republic). Frederiksted, M. croi.r /x- SPAIN. land. e found. The table beginning at page 550 gives the dates of acte and parts of acts^iibsequent to the RevifiecnStatutee (Dec. I, 18715), with dates of amendatory acts, included in this compilation, with the page of this volume on which they may be found. SECTIONS OF THE REVISED STATUTES. Section Revised Statutes. Page of l.his voluino. Enacted Amended or affected- Section Revised Statutas. Page of this volume. Enacted Amended or affected 3 15 July 18,1866 978 466 July 22,1813 June 29,1870 979 466 do 431 397 June 21,1866 1433 241 Feb. 20,1845 432 397 do 1536 396 Dec. 22,1837 728 96 AUK. 8,1846 1580 445 July 18,1861 July 1, 1902 Mar. 3, 1911 July 14,1862 June 29,1906 730 468 Apr. 30,1790 1581 445 July 18,1861 July 1, 1902 Apr. 20,1818 Apr. 17,1862 June 29,1906 May 15,1820 Mar. 2, 1907 Mar. 3, 1825 1707 240 Apr. 14,1792 Mar. 3, 1847 1708 240 Aug. 18,1856 Feb. 14,1903 851 96 Feb. 26,1853 1718 240 . .do June 26,1884 923 465 Aug. 4, 1790 1719 241 do Dec. 31,1792 1720 241 Aug. 5, 1861 Feb. 18,1793 1721 241 June 20,1864 Mar. 2, 1799 1954 274 July 27,1868 May 17,1884 939 465 Aug. 4, 1790 1956 283 do Mar. 2, 1889 Dec. 31,1792 Feb. 21,1893 Feb. 18,1793 Mar. 3, 1899 Mar. 2, 1799 Feb. 14,1903 940 465 Aug. 4, 1790 Apr. 21,1910 Dec. 31,1792 1958 275 .....do Mar. 3, 1899 Feb. 18,1793 Feb. 14,1903 Mar. 2, 1799 1959 275 Mar. 3, 1869 Mar. 3, 1899 Apr. 5, 1832 Feb. 14,1903 941 113 Aug. 4,1790 Mar. 3, 1899 Apr. 21,1910 Dec. 31,1792 1960 July 1, 1870 Mar. 24,1874 Feb. 18,1793 Mar. 3,1899 Mar. 2, 1799 Feb. 14,1903 Mar. 3, 1847 Apr. 21,1910 970 466 Mar. 2, 1799 1961 do Mar. 3, 1899 Feb. 24,1807 Apr. 21,1910 971 466 Mar. 2, 1799 1973 517 Mar. 5, 1872 Feb. 14,1903 539 540 NAVIGATION LAWS OF THE UNITED STATES. SECTIONS OF THE REVISED STATUTES Continued. Section Revised Statutes. Page of this volume. Enacted Amended or affected- Section Revised Statutes. Page of this volume. Enacted Amended or affected 1975 1976 518 518 Mar. 5, 1892 . do 2640 2641 493 494 Mar. 2, 1799 May 7, 1822 Feb. 14,1903 Do. 2174 2497 2502 2507 2511 2513 2514 60 178 179 238 237 237 237 June 7,1872 Mar. 1, 1817 June 30,1864 Mar. 3,1843 Feb. 19,1869 June 6, 1872 do July 24,1897 Aug. 5, 1909 Oct. 3,1913 Aug. 27,1894 Aug. 5, 1909 Oct. 3, 1913 July 24,1897 Aug. 5,1909 July 24,1897 Aug. 5,1909 July 24,1897 Aug. 5, 1909 Aug. 24,1912 Oct. 3,1913 July 24 1897 2642 2643 2644 2645 2646 2647 2648 2649 2651 2652 2653 2747 494 494 494 494 495 4*5 495 516 516 517 517 327 Mar. 2, 1799 May 7, 1822 Mar. 3, 1863 Feb. 11,1846 July 28,1866 Mar. 3, 1841 Mar. 3, 1857 July 18,1866 July 14,f862 May 12,1870 do Aug. 30,1842 July 18,1866 Mar. 2, 1799 Mar. 3, 1845 Feb. 14,1903 Do. Aug. 15,1876 Feb. 14,1903 Aug. 15,1876 2520 2524 2537 213 213 213 May 10,1800 Feb. 25,1801 Jan 26 1848 Aug. 5, 1909 Oct. 3, 1913 2758 2759 2760 2761 327 396 327 512 July 20,1868 July 25,1861 July 15,1870 Mar. 2,1799 do 2540 213 do 2762 512 ...do 2554 215 Aug. 31,1852 May 26,1824 May 28 1830 2763 2764 2765 327 327 327 do do ....do 2581 2588 2589 213 213 215 June 16,1860 June 14,1870 do Feb. 14,1903 2766 2767 2788 198 198 198 June 22,1874 do do 2590 2621 2622 214 489 490 do Mar. 2, 1799 .do 2769 2770 2771 198 199 199 Mar. 2,1799 do do 2623 490 do Apr. 24,1816 2624 2625 490 490 do do. May 7,1822 Feb. 22,1827 2626 490 do Feb. 13,1837 2627 2628 2629 490 491 491 do do do 2772 199 Mar. 2, 1799 May 10,1800 Feb. 25,1867 2630 492 do Mar 3 1817 2773 2774 200 199 Mar. 2,1799 do 2631 2632 2633 2634 2635 492 492 492 492 492 Mar. M:ir. 2,1799 July 18,1866 July 27,1868 May 7, 1822 Mar 2 1799 2775 2776 2777 2778 200 201 201 201 do May 1,1871 Mar. 2, 1799 Feb. 22,1805 Mar. 2, 1799 do Juno 26,1884 2636 2637 492 493 do ....do 2779 2780 202 202 do do 2638 2639 493 493 do do Mar. 3,1849 July 31,1894 2781 2782 2783 202 203 203 do do do TAHI.K OK LAWS. Si < nONfl OK THK UKVISKM STATI'TKS ( \m\ inucl. 541 S.vtion Revised Statutes. this volume. Knarted AmtMitlt'd or iiiVected Sen inn Statutes. this volume. Knacted Amended or affected- :>7M 2790 203 185 Mar. 2,1799 ..do 2830 212 216 Mar. 2,1831 do 2791 203 do 2832 212 June 30,1834 2792 2793 ' 2794 2795 2796 2797 203 204 204 204 204 205 Juno 4, 1872 Feb. K), 1S7L Mar. 2,1799 do do . do Mar. 3, 1897 2833 JV1 1 MM 007 LNliS 212 210 212 216 217 July 7, IMS Juno 30,1834 Mur. 2,1799 Mar. 3, ixm Mar. 2, 17'.)'.) do.... Mar. 3, 1X-.I7 KTM 2799 2800 205 205 206 July 7, 1S3S Mar. 2, 1799 Mar. 3,1823 Mar. 2, 1799 2871 2N72 2873 217 219 219 Mar. 3, 1873 Mar. 2, 17!W . .do.... June 30,1906 Feb. 13,1911 June 26,1884 2801 206 do 2874 219 do 2802 206 do 2875 220 do 2804 206 July 28,1866 Aug. 27,1894 2876 220 .do.... 2805 2806 206 207 Mar. 2, 1799 do Sept. 30, 1890 2877 2878 220 221 do do 2807 2808 207 208 do do June 3, 1892 2879 9880 221 222 do do May 9 1896 2809 208 . ..do Mar. 2, 1801 2810 2811 208 208 do...:.... do 2881 2S83 222 223 Mar. 2, 1799 ....do June 3, 1892 2812 209 July 18,1866 Mar. 2, 1799 2887 223 223 do do . . 2S13 209 do 2888 224 do 2814 209 .do.... 2889 224 do 2815 209 do 2891 224 do 2816 210 Mar. 2, 1867 2892 225 .do 2817 2818 2819 210 210 210 Mar. 2, 1857 Aug. 3, 1854 do 2893 2894 28 ( J"> 225 225 225 do do Feb 14 1805 2820 2821 2822 2823 210 211 211 211 Mar. 3, 1857 Jan. 27,1858 Feb. 27,1X77 July 14,1870 Mar. 2, 1831 Sept. 28, 1850 Mar. 2, 1831 Sept. 28, 1850 Aug. 31,1852 Feb. 2, 1854 Aug. 2, 1854 Aug. 3, 1854 Mar. 11,1864 July 1, 1864 July 7,1870 July 11,1870 2896 2966 2967 IMS 2969 2981 29S2 2998 2999 3000 3001 3002 3003 225 229 214 214 223 236 444 226 518 226 226 227 227 Mar. 2,1799 Aug. 3, 1854 Sept. 28, 1850 Mar. 2, 1867 Mar. 2,1799 Mar. 2,1 si 17 July 14,1862 July 14,1870 Mar. 28,1854 do do July 14,1862 Mar. 3, 1845 Aug. 30,1852 do.... June 26,1884 May 21,1896 Aug. 5, 1909 Oct. 3, 1913 Feb. 14,1!H)3 Do. Do. Do. 2825 2826 211 215 July 14,1870 Mar. 2, 1831 do.... Mar. 3, 1897 3004 3005 228 228 Apr. 30,1872 July 28,1866 Sept. 25, 1890 May 21,1900 July 1 1902 2827 2828 215 216 do ...do.... 3006 3007 228 228 do June 4.1872 542 NAVIGATION LAWS OF THE UNITED STATES. SECTIONS OF THE REVISED STATUTES Continued. Section Revised Statutes. Page of this volume. Enacted Amended or affected Section Revised Statutes. Page of this volume. Enacted Amended or affected 3008 3035 228 202 Mar. 3, 1845 Aug. 30,1852 Mar 2 1799 3100 3101 3102 244 244 244 June 27,1864 ....do ....do ono 202 Mar 1 1823 3103 245 do Feb 14 1903 Fob 2 1831 3104 245 do 3058 233 Mar 2 1799 Feb 23 1887 3105 245 ... do 3059 3060 3063 188 188 192 July IS. IM-.I, ....do do Feb. 8, 18S1 3106 3109 246 246 ....do July U Fob. 17,1898 1-Yb. 14,1903 3067 188 Mar 2, 1799 3110 242 ....do 3068 188 do . ... 3111 246 ....do 3069 189 ... do Feb. 10, 1x71 3070 3071 3072 3073 3074 221 189 189 189 189 ....do July 18,1866 Mar. 2, 1799 ....do Apr. 2,1844 Aug. 8, 1846 Feb. 28,1865 July 18 1866 3112 3113 3114 3115 3116 3117 246 247 247 248 248 248 July is, 1866 Feb. 10. IS7I July is.lv. Feb. 10, 1S71 July 18,1866 ....do July 1, 1S70 .do July 28,1866 3118 249 ....do 3075 3076 190 190 Apr. 2, 1844 Feb. 28,1865 July IS. is.;,; Apr 2, 1844 3119 3120 3121 3122 249 249 250 249 ....do July 18, IST.C, July 1,1870 ....do l-Vb. 14.11*1:; 3077 190 July 18,1866 Apr 2 1844 3123 3124 250 250 ....do do IH>. July is istiti 3125 250 do . .. 3078 191 do Feb. 14,1903 3126 250 ,M:iv . 1079 3080 3081 3082 3083 3084 191 191 192 233 192 192 Apr. 2, 1844 July 18,1866 do Mar. 3,1863 Mar. 2, 1799 July 18,1866 May 29,1830 July is isr,i; Do. 3127 3128 3129 WTO 1900 3970 8070 251 251 251 520 320 320 320 do Mar. 3.1M7 Sept. LV,, is.Mi July I 1 .'. 1.S7H Jum< S.1S72 do do B*, Mar. 3,1905 1 VI,. 27,1906 June 1M. l^l 3085 3086 3087 1MB 192 192 193 193 Mar. 3, 1873 July is, iMif, Mar. 8,1871 July 1%J8M Mar. 2, 17W July 18 1866 3977 8078 3987 3988 8080 320 320 321 321 321 _ .4o do do do .do Repealed, Mar. 4, 1909 Do. 3089 3094 193 197 Mar. 2, 1799 do 3990 8001 321 321 3095 3096 30" )7 242 242 243 do do do Apr. 27,1904 4008 1007 322 322 322 do ...do 3098 3099 243 243 July 18,1801 Mar. '-'.I vj! Mar. 3, 1823 July 18,1866 4008 4009 4010 Kill 4012 322 322 322 322 323 do do do do TABLK OK LAWS. SECTIONS OF THE REVISED STATUTES Continued. 543 Section Ko\ isetl Statute-. Pueof tliis volume. Knarted alVectod Section Revised Statutes. I'am> of volume. Enacted airorted 4015 323 June 8,1872 4160 35 Dec. 31,1792 4079 94 June 11,1864 4161 35 ....do 4080 95 ....do May 28,1896 4162 35 ....do 4081 95 ....do 4163 36 ....do 4131 15 Dec. 31,1 7'.-> Do. 4164 39 Mar. 2, 1797 July 5, 1884 54 ....do Juno 26,1884 4166 39 Mar. 2, 1803 May 28,1896 4167 41 Dec. 31,1792 AUK- 18,1914 4168 42 ....do 4132 15 ....do Aug. 24,1912 Oct. 3, 1913 4169 4170 42 39 ....do ....do Do. Aug. 18,1914 4171 39 ....do Do. Mar. 4, 1915 4172 41 ....do 317 ....do Aug. 24,1912 Aug. 18,1914 4173 4174 184 42 ....do . ..do. Do. 4135 18 Feb. 10,1866 4175 42 ....do Jan. 16, 1895 4136 17 July 23,1866 Feb. 24,1915 4176 37 ....do July 5, 1884 4137 38 Mar. 3,1825 4177 21 July 28,1866 Do. 4138 38 ....do June 19,1886 Dec. 23,1852 4178 21 Dec. 31,1792 June 26, 1884 4139 39 Mar. 3,1825 June 24,1902 Feb. 21,1891 4141 4142 34 33 Dec. 31,1792 ... do... 4179 22 May 5, 1864 Jan. 20,1897 Mar. 2, 1881 July 29,1850 July 5, 1884 4143 34 Dec. 31,1792 Feb. 14,1903 4144 34 ....do 4180 50 Dec. 31,1792 4146 37 do Jan. 16,1895 Feb. 14,1903 4181 4182 50 50 do . ..do July 5, 1884 4147 33 do 4183 51 do Do. 4148 23 do 4184 51 do May 6, 1864 4187 52 do 4149 23 Dec. 31,1792 4188 52 do 4150 23 May 6, 1864 4189 52 July 18,1866 4151 24 Feb. 28,1865 4190 52 Mar. 26,1810 4152 32 May 6, 1864 4191 52 Mar. 2, 1803 4153 24 26 do . . do Mar. 2, 1895 4192 4193 40 40 July 29,1850 do June 19,1886 27 do Aug. 5, 1882 Mar. 3, 1865 Mar. 2, 1895 4194 40 July 29,1850 Do. 28 29 do ... do. Mar. 3,1897 Mar. 2, 1895 4195 4196 41 41 do do 31 do Aug. 5, 1882 4197 180 Mar. 2, 1799 Apr. 29,1902 31 do June 19, 1886 4198 180 do Do. Mar. 2,1895 4199 181 do Do. Feb. 14,1903 4200 181 Feb. 10,1820 Do. 4154 32 Mar. 2, 1799 Aug. 5,1882 Feb. 14,1903 4201 4202 182 182 Mar. 2,1799 do Do. Do. 4155 36 Dec. 31,1792 Jan. 16,1895 4204 182 July 4,1864 July 29,1850 4205 183 Mar. 3,1833 4156 37 Dec. 31,1792 4206 183 Mar. 3, 1797 June 19,1886 4157 37 Mar. 3,1813 Feb. 14,1903 Mar. 2,1799 4158 37 Dec. 31,1792 July 5, 1884 4207 183 Aug. 18,1856 4159 35 ...do... Feb. 14,1903 4208 215 Mar. 3, 1817 May 6. 1822 92075 15 35 544 NAVIGATION LAWS OF THE UNITED STATES. SECTIONS OF THE REVISED STATUTES Continued. Section Revised Statutes. Page of this volume. Enacted Amended or affected- Section Revised Statutes. Page of this volume. Enacted Amended or affected- 4209 185 Mar. 3, 1817 4282 110 Mar. 3,1851 4210 185 ....do 4283 110 ....do....... 4211 185 ....do 4284 111 ....do 1 Aug. 23, 1842 4285 111 ....do 4213 185 Aug. 18,1856 June 26,1884 4286 111 .do 4214 19 Aug. 7,1848 Mar. 3,1883 4287 111 ....do 20 June 29,1870 Jan. 16,1895 4288 111 do June 26,1884 Feb. 14,1903 June 19,1886 Aug. 20,1912 4289 112 do Do. 4215 20 Aug. 7,1848 4290 108 June 7,1872 Feb. 14,1900 4217 20 June 29,1870 Feb. 14,1903 4291 109 do 4218 21 do Aug. 20,1912 4292 109 do 4219 173 July 20,1790 June 26,1884 4293 476 Mar. 3,1819 Apr. 27,1816 June 19,1886 Jan. 30,1823 Jan. 14,1817 4294 476 Mar. 3, 1819 Mar. 1,1817 Jan. 30,1823 Mar. 3,1817 July 24,1897 4295 476 Mar. 3,1819 May 31,1830 Apr. 30,1900 Jan. 30,1823 July 14,1862 May 28,1908 4296 476 Mar. 3, 1819 June 28,1864 Aug. 5, 1909 Jan. 30,1823 4219 173 Mar. 3,1865 Aug. 6,1861 4220 171 July 14,1870 Apr. 30,1900 4297 477 Aug. 5,1861 4221 172 Mar. 3,1869 4298 477 do 4222 174 July 20,1868 June 26,1884 4299 477 do Feb. 14,1903 4300 466 June 11,1864 4225 173 Mar. 27,1804 4301 467 do 4226 174 Mar. 3,1805 4302 467 do 184 ....do 4303 467 do 4227 171 Apr. 27,1816 4304 467 do Jan. 14,1817 4305 467 Dec. 31,1792 4228 172 May 24,1828 Apr. 30,1900 4306 186 June 1,1796 May 31,1830 July 24,1897 Feb. 12,1831 July 13,1832 4307 186 June 1,1796 4229 172 May 24,1828 4308 186 Mar. 2,1803 4230 172 do 4309 186 Feb. 28,1803 4231 173 Mar. 1,1869 4310 186 do 4233 389 Apr. 29,1864 June 19,1886 4311 18 Feb. 18,1793 Mar. 3,1893 4312 43 do Feb. 8,1895 4313 47 Mar. 3, 1825 Mar. 3,1897 4314 47 do June 24,1902 Mar. 3,1905 4315 47 do 4235 169 A n K . 7,1789 4316 18 Mar. 12,1812 4236 169 Mar. 2,1837 4317 18 do 4237 169 July 13,1866 4318 18 June 17,1864 4238 325 Apr. 14,1792 4319 44 Feb. 18,1793 Jan. 16,1895 4239 326 Mar. 3,1825 July 29,1850 Apr. 24,1906 4240 326 do 4320 43 Feb. 18,1793 Jan. 16,1895 4241 326 Feb. 23,1847 Feb. 14,1903 4250 58 Apr. 9,1872 4321 45 do Jan. 16,1895 4251 78 July 20,1846 J 1,1828 Apr. 24,1906 4278 152 July 3,1866 4322 43 Feb. 18,1793 4279 152 do 4323 43 do July 5,1884 4280 152 .. ..do Jan. 16,1895 4281 110 Feb. 28,1871 4324 46 do T.\m.K OF LAWS. 545 SECTIONS OK THI: RKYISKI. STATUTES r<>ntimi<> Amend. <) nr atTrrtod Section Statutes. volume. K nuoted A in. Tided or affected- 4325 4326 46 47 Feb. 18,1793 do Apr. 24,1906 ON 4369 259 259 Feb. 18,1793 do 4327 4328 4329 47 4 48 do July 18,1866 Feb. 28,1865 Mar. 2,1797 Apr. 17,1X74 Jan. 16,1895 July 5, 1884 4370 4371 4372 4373 259 260 260 53 July 18,1866 Feb. 23,1867 Feb. 18,1793 do ....do... Juno 19,1886 4330 4331 247 19 July 18,1866 Feb. 18,1793 May 6, 1864 4374 4:>7r> 4376 53 53 53 do do do .. 4332 48 Feb. 18,1793 4377 260 do 4333 4335 4336 46 48 50 do do do Do. 4378 4379 261 261 Apr. 2,1836 Feb. 18,1793 ..do 4337 4338 4339 4340 4341 4342 4343 4344 183 183 18 49 49 49 49 49 do do Apr. 4,1840 Feb. 25,1865 Feb. 28,1867 Mar. 3,1849 do Feb. 11,1830 Feb. 14,1903 4380 4384 4385 4391 4392 4393 4394 261 44 19 70 70 71 71 do July 18,1866 Feb. 18,1793 June 19,1813 Mar. 3,1865 June 19,1813 do do .. Do. 4345 49 Jan. 26,1848 Aug. 31,1852 Do. 4399 4400 115 115 Feb. 28,1871 do Jan. 18,1897 Aug. 7, 1882 4346 4347 50 258 Feb. 11,1830 Mar. 1, 1817 Mar. 3,1873 Mar. 3, 1883 Juno 19,1886 Feb. 15,1893 4401 169 do Mar. 1,1895 Feb. 15,1902 Mar. 17,1906 Aug. 19,1890 4348 252 Mar. 2, 1819 May 7, 1822 Feb. 17,1898 May 12,1906 4402 496 do . Feb. 8,1895 June 7,1897 4349 252 Feb. 18,1793 4403 496 . .do Feb. 14,1903 4350 253 Mar. 2, 1819 Feb. 18,1793 July 12 1876 4404 4405 496 496 do do . Do. Mar. 3 1905 4351 253 do Do. Feb. 8, 1907 4352 4353 254 254 Mar. 2, 1819 Feb. 18,1793 do . Do. Do 4406 4407 4408 156 156 497 do do do . Feb. 14,1903 4354 255 do Do. 4409 497 ...do 4355 4356 255 256 do Mar. 2,1819 Feb. 18,1793 Do. Do. 4410 4411 4412 497 498 393 do do .do May 22,1912 Aug. 19,1890 4357 4358 4359 4360 4361 4362 257 274 256 257 258 214 Mar. 2, 1795 July 27,1868 Feb. 18,1793 Mar. 2, 1819 Feb. 18,1793 do do .. 4413 4414 4415 393 498 499 do do Mar. 3, 1873 Feb. 28,1871 Feb. 8,1895 June 7, 1897 Do. Apr. 9,1906 May 28,1908 Mar. 4, 1913 Mar 3 1905 4363 214 do 4416 499 ... .do... . Do. 4364 4365 183 184 do ..do 4417 100 do Dec. 21,1898 Mar 3 1905 4366 4367 258 259 do ...do... 4418 122 do June 19,1886 Mar. 3.1905 546 NAVIGATION LAWS OF THE UNITED STATES. SECTIONS OP THE REVISED STATUTES Continued. Section Revised Statutes. Page of this volume. Enacted Amended or affected- Section Revised Statutes. Page of this volume. Enacted Amended or affected 4419 4420 123 123 Feb. 28,1871 Dec. 17,1872 4462 4463 500 121 Feb. 28,1871 do Feb. 14,1903 Apr. 2, 1908 4421 154 Jan. 6, 1874 Feb. 28,1871 June 11,1906 June 25,1910 4464 153 do Mar. 3, 1913 Mar. 4,1914 Mar. 4, 1915 4465 153 do July 9 1886 4422 4423 148 155 do do Mar. 4, 1915 Mar. 3, 1905 4466 154 do Feb. 23,1901 4424 155 Mar. 4, 1915 do Mar. 4, 1915 4467 4468 154 154 do .do May 28,1908 Do 4425 501 do 4469 154 do. 4426 116 do June 25 1890 4470 146 do Mar 3 1905 4427 117 do . Dec. 22,1890 Jan. 18,1897 Mar. 3, 1905 May 16,1906 4471 4472 146 148 do do June 30,1906 Mar. 3, 1905 May 28,1906 Jan. 24,1913 Oct 22 1914 4428 123 do 4473 149 ....do 4429 123 do Aug 7 1882 4474 150 do Oct 18 188S 4430 124 .do Feb. 14,1903 Jan. 22,1894 Feb. 14,1903 July 17,1914 4431 124 do Feb. 14,1903 4475 4476 150 151 do do 4432 124 do 4477 147 do 4433 125 . ..do 4478 147 ..do. 4434 125 do Feb. 14,1903 4479 147 do 4437 126 ....do. Mar. 2,1909 4480 4481 146 126 do do Mar. 3,1905 4438 56 do Dec. 21,1898 4482 127 ....do.. Jan. 25,1907 4483 147 do Do. 4439 56 do May 28,1908 Dec 21, 1898 4484 4485 145 146 do .do 4440 57 do Do. 4486 146 ....do 4441 4442 57 57 do do. May 28,1896 Do 4487 4488 393 127 do do Mar. 3, 1905 4443 4444 4445 58 169 58 do do do Mar 23 1900 4490 4491 126 120 do do Mar. 4,1915 July 9,1886 Feb. 14,1903 MM 56 . .do Feb. 19,1907 4492 148 ....do 4117 4448 4449 156 157 157 do do .do Mar. 3,1915 Mar 3, 1905 4493 4494 4495 157 156 22 do do do Do. Feb. 21,1891 4450 4489 157 118 do do. . .. Mar. 3, 1915 Mar 3, 1905 4408 4497 4498 158 158 118 Feb. 21,1891 do .do Mar. 3, 1905 4461 4454 118 120 do do Do. 4490 158 do M:ir. 4,1915 Mar. 3, 1905 4455 500 do. 4500 158 .do 4456 4457 4460 500 500 500 do do do Feb. 14,1903 4501 488 June 7.1S72 June 26,1884 June 19,1886 Feb. 14,1903 4461 500 do June 19,1886 Feb. 14,1903 4502 488 do Mar. 4,1911 Apr. 26,1906 TABLE OF LAWS. SECTIONS OF -mi-: RKYISKD STATUTES Conlinucd. 547 Sort ion Etarfced Statutes. Page of Hi is volume. Kiuu-ted Amended or affected Swtkm Statutes. this volume. Enacted Amended or affected- 4503 61 June 7,1872 4546 77 July 20,1790 May 28,1896 4504 62 ....do Aug. 23,1842 June 15,1873 4547 77 July 20,1790 Dec. 21,1898 4505 488 June 7, 1872 Jan. 16,1883 Aug. 23,1842 June 28,1906 June 26,1884 4548 78 Mar. 3,1873 June 19,1886 4549 72 June 7, 1872 4506 489 do 4550 72 ....do... 4507 489 do Mar. 3, 1897 4551 72 do Feb. 14,1903 4552 74 do 4508 60 do 4553 75 do 4509 62 do 4554 81 .. ..do. . Aug. 19,1890 4510 62 do 4555 81 do 4511 63 do June 26,1884 4556 102 July 20,1790 Dec. 21,1898 Jan. 15,1873 Mar. 3, 1897 4557 103 do Do. Dec. 21,1898 July 1,1902 Feb. 14,1903 4558 103 ....do Dec. 21,1898 4512 63 June 7, 1872 4559 104 July 20,1840 Do. 4513 64 do June 19,1886 July 29,1850 Mar. 4,1915 Feb. 18,1895 4514 65 do 4560 104 July 20,1840 4515 65 do 4561 104 do June 26,1884 4516 99 do Dec. 21,1898 Dec. 21,1898 Mar. 4, 1915 4562 104 do 4517 65 do 4563 105 do 4518 66 do June 26,1884 4564 105 July 20,1790 Do. Mar. 3,1897 4565 105 June 7, 1872 4519 64 do 4566 106 do Do. 4520 69 July 20,1790 4567 106 do June 7, 1872 4568 106 do Do. 4521 69 July 20,1790 4569 107 ..do June 26,1884 4522 70 do Dec. 21,1898 June 19,1886 4523 61 July 20,1840 4570 107 do June 7, 1872 4571 107 .....do 4524 75 do 4572 108 ....do Dec. 21,1898 4525 75 do 4573 66 Feb. 28,1803 June 19,1886 4526 75 do Dec. 21,1898 Apr. 4,1840 4527 75 do 4574 66 Mar. 3,1813 4528 76 do 4575 67 July 20,1840 Feb. 14,1903 4529 76 July 20,1790 Do. 4576 66 Feb. 28,1803 Mar. 3,1897 June 7,1872 June 28,1906 4577 82 do Mar. 3,1911 Mar. 4,1915 4578 82 do June 26,1884 4530 76 July 20,1790 Dec. 21,1898 June 19,1886 Mar. 4, 1915 4579 83 Feb. 28,1811 4535 74 June 7,1872 4580 72 Aug. 18,1856 June 26,1884 4537 80 July 20,1790 Mar. 3,1873 4538 83 June 7,1872 4581 73 Aug. 18,1856 Dec. 21,1898 4539 83 do Mar. 4, 1915 4540 84 do 4582 73 Feb. 28,1803 Dec. 21,1898 4541 85 do Mar. 3, 1897 4583 74 July 20,1840 Do. 4542 85 do Do. Aug. 18,1856 4543 83 do 4588 60 May 28,1796 June 19,1886 4544 85 do 4591 60 do 4545 86 do Do. 4594 489 June 7,1872 Do. 548 NAVIGATION LAWS OF THE UNITED STATES. SECTIONS OF THE REVISED STATUTES Continued. Section Revised Statutes. Page of this volume. Enacted Amended or affected- Section Revised Statutes. Page of this volume. Enacted Amended or affected- 4595 61 June 7,1872 June 19,1886 4802 501 June 29,1870 Mar. 3,1875 Mar. 4,1911 Jan. 4,1889 4596 86 ....do Dec. 21,1898 July 1,1902 Mar. 4,1915 Aug. 14,1912 4597 87 ....do I>ec. 21,1898 4804 93 Feb. 10,1871 Mar. 3,1875 4600 80 . do Do. June 26,1884 Mar. 4,1915 4805 94 May 3,1802 Aug. 4, 1894 4602 88 ....do 4806 502 Apr. 20,1866 Mar. 3, 1875 4603 78 ....do June 27,1866 4604 88 . . do 5280 80 Mar. 2,1829 4605 78 ....do Feb. 24,1855 4606 187 ....do Mar. 31,1900 5281 434 Apr. 20,1818 Repealed, Feb. 14,1903 Mar. 4, 1909 4607 82 ... do Apr. 13,1904 5282 434 ....do Do. 4608 88 July 27,1866 Feb. 14,1903 5283 434 ....do Do. 4610 89 June 7,1872 5284 434 ....do Do. 4611 89 Sept. 28,1850 Dec. 21,1898 5285 435 . do.... Do. Mar. 4,1915 5286 435 ....do Do. 4612 59 June 7,1872 5287 435 ....do Do. 90 ....do 5288 436 ....do Do. 92 ....do Dec. 21,1898 5289 436 ..do Do. Mar. 4,1915 5290 436 ....do Do. 4661 515 May 15,1820 5291 437 ....do Do. Mar. 3, 1821 5292 329 Mar. 3,1797 Feb. 14,1903 4662 515 Mar. 2,1795 Feb. 11,1800 4668 515 Mar. 3,1859 Mar. 2,1803 4672 515 Sept. 28, 1850 Feb. 14,1903 July 13,1861 Mar. 2, 1867 May 20,1862 4673 515 ....do Do. 5293 329 July 14,1832 Mar. 3,1899 4674 515 Mar. 3,1859 Do. Sept. 28, 1850 Feb. 14,1903 4676 397 Mar. .2,1868 June 27, 1864 4677 397 July 15,1870 July 18,1866 4678 397 Sept. 28, 1850 July 27,1868 4680 515 Aug. 31,1852 July 1,1870 4681 518 Feb. 10,1807 5294 330 Feb. 28,1871 Dec. 15,1894 July 10,1832 Mar. 2,1896 4682 518 Fi-b. 10,1807 Feb. 14,1903 4686 518 do 5295 330 Feb. 28,1865 Apr. 14,1818 5339 468 Apr. 30,1790 Repealed, 4687 519 June 17,1844 Mar. 4, 1909 4688 519 June H', iv^ Do. Mar. 3,1825 4689 519 Mar. 3,1853 469 Apr. :'.(>, I7-.H) Do. 4690 519 do 5341 469 do Do. 4691 398 June 3, 1844 June 20, 1.x7x Mar. : Mar. .W42 469 do Do. 4792 296 Feb. 23,1799 5343 469 Apr. 30,1790 Do. 4793 297 ....do Mar. 3,1857 4794 297 do 5344 470 Feb. 28,1871 Do. 4795 297 do 5345 469 Mar. 3,1825 Repealed, 4796 298 do Mar. 4, 1909 4797 298 do 5346 469 do Do. 4801 93 July 16,1798 June 26,1884 6347 472 Mar. 3,1835 Do. TABLE OF LAWS. 549 SECTIONS OF THE REVISED STATUTES Continued. Section Statutes. Page of this volume. Enacted Amended or affected- Section Revised Statutes. Page of lliis volume. Enacted Amended or affected- 5349 5350 470 470 470 Apr. 30,1790 Mar. 24,1860 do . . Mi ir. 4,1909 Do. Do. 5368 5369 5370 477 477 471 Jiin. 30,1823 Apr. 30,1790 May 15,1820 Mar. 4, 1909 Do 5351 470 do Do. 5371 477 do Do. 5353 5354 5355 151 151 152 July 3,1866 do ....do Do. Do. Do. 5373 5374 5383 478 478 478 Apr. 30,1790 Mar. 3, 1847 Apr. 30,1790 Do. Do. Do. 5356 5357 5358 5359 5360 471 471 474 473 473 Apr. 30,1790 Aug. 23,1842 Apr. 30,1790 Mar. 3,1825 do Apr. 30,1790 Mar. 3,1835 Apr. 30,1790 Mar. 3,1835 Do. Do. Do. Do. Do. 5384 5386 5391 5423 5482 5570 5571 478 471 472 472 501 438 438 Aug. 8, 1846 Apr. 30,1790 Mar. 3,1825 do Apr. 5,1866 Mar. 3,1825 Aug. 30,1872 Aug. 18,1856 do Do. Do. Do. Do. Do. 5361 5362 5363 474 474 473 Mar. 3,1825 do do . Do. Do. Do. 5572 5573 5574 438 438 438 Apr. 2,1872 Aug. 18,1856 do 5364 473 do Do. July 28,1866 5365 5366 5367 474 475 475 Mar. 26,1804 Mar. 2,1804 July 29,1850 Do. Do. Do. 5575 5576 439 439 Apr. 2,1872 Aug. 18,1856 do 5368 477 Mar. 3,1819 Do. 5577 439 . .do May 15,1820 5578 439 do ACTS SUBSEQUENT TO REVISED STATUTES. Date. Chap- ter of Stat- utes. Section. Page of this vol- ume. Amended or affected. Date. Chap- ter of Stat- utes. Section. Pasre of this vol- ume. Amended or affected. Apr. 17, 1874 106 49 Feb. 8, 1881 34 192 Apr. 18, 1874 110 19 Mar. 2, 1881 107 1,2 22 Feb. 14,1903 May 7, 1874 149 166 Feb. 14,1903 May 4, 1882 117 2-4,10 511 June 9, 1874 260 68 June 19,1886 6 512 Feb. 18,1895 7 510 June 20,1874 339 441 Mar. 3, 1881 8 510 Mar. 26,1908 Mar. 4, 1911 9 440 Do 344 2,4 508 Aug. 2, 1882 374 1 159 Dec. 19, 1908 5,6 509 June 18,1878 2 161 7 440 May 4, 1882 3 162 8 512 4,5 163 10-12 324 6 164 13 325 Mar. 3, 1897 7,8 165 Feb. 14,1903 9 166 Feb. 9, 1905 June 22,1874 391 2-4 193 June 10,1890 10,11 167 Feb. 14,1903 6,7 194 12,13 168 5,8 195 Aug. 5, 1882 398 1 27 15, 17, 18 196 31 19 196 Jan. 22,1875 2 32 Mar. 3,1891 20 197 3 31 Feb. 14,1903 Jan. 22, 1875 22 197 Aug. 7, 1882 433 1 124 Mar. 3, 1891 Mar. 3, 1875 156 3 93 Do 441 1 115 Mar. l,lv 1.1 B 94 Feb. 15,1902 1 502 Mar. 17,1906 6 93 June 26,1884 Mar. 3, 1883 133 20 Jan. 10,1895 July 12, 1876 185 253 Do J.R.22 1-3 444 Aug. 15,1876 287 516 Mar. 3, 1891 June 26,1884 121 1 54 May 28,1896 June 18,1878 265 4 511 2 72 | 511 Jan. 28,1915 4 104 Doc. 21,1898 7 508 AUK- 3,1894 9 82 June 19,1886 9 510 10 63,91 Dec. 21.1 vis 10 509 11 107 June 19,1886 11 511 12 241 12 441 .Lin. 21,1897 13 185 June 20,1878 359 398 Mar. 3, 1879 14 173 Do. Feb. 26,1879 105 443 Apr. 30, 1!>0 Mar. 3, 1879 182 398 1 t 173 June 30,1879 54 19 16 238 July 24.1 vc June 10,1880 190 1 229 June ll.lxxi) 111 I'Yl,. I 64 2 229 20 66 Mar. 3, 189T 3 230 21 21 5 230 Do. 23 320 Feb. 2, 1899 24 229 6 231 July 2, 1884 16 219 7 231 26 174 July 9 232 Feb. 14,1903 550 TABLE OF LAWS. ACTS SUBSEQUENT TO REVISED STATUTES <'< mil nuo' KM 2 315 Sept. .30. is; tn 1124 207 June 19,1886 421 522 Feb. 14,1903 June 25,1910 Oct. 1,1. MM) Dec. 22, 1890 1366 26 3 398 116 Jan 18 1897 2 4 5 6 7 8 13 68 112 31 21 260 258 107 Mar. 4,1911 Feb. 18,1895 Feb. 17,1898 Feb. 21,1891 Mar. 3, 1891 Do 250 519 521 1 2 1-3 4 5-9 1,2 21 22 317 318 319 331 Mar. 3, 1905 May 16.1906 Jan. 20,1897 Do. Aug. 24,1912 Aug. 18,1914 16 17 391 175 Feb. 8, 1895 Do Do 542 551 7 516 503 Mar 2 1895 July 9, 1886 755 18 1 83 153 Feb. 23,1901 Do 555 1,2 331 Feb. 14,1903 Feb. 23,1887 Do 210 215 2 3 1-3 153 126 346 230 June 3, 1892 July 26,1892 86 248 1 2 1 2 207 222 177 178 Do Do... 218 232 Feb. 13, 1893 105 1-3 112 Do 221 233 4-7 113 Mar. 3, 1887 339 175 Feb. 15,1893 114 1 291 Feb. 29,1888 June 29,1888 Aug. 1,1888 Aug. 11,1888 17 496 727 860 1-4 5-10 11-13 1 2 3 4,5 1 2 479 480 481 419 419 419 423 296 414 Aug. 18,1894 July 1,1902 Do 117 2 3,11 4 5 6,10 7 8 12 291 292 503 293 294 295 503 502 258 Aug. 18,1894 Mar. 3, 1901 July 1, 1902 Aug. 14,1912 Mar. 3, 1901 Do. l-'i-l, 17 iggg Oct. 18, 1888 1197 150 Feb. 14,1903 Mur. 3, 1893 202 390 July 17 1914 Do 206 g 315 Kc'li 14 1903 Jan. 4, 1889 19 501 July 1,1902 Do 211 1 325 Mar. 2, 1889 415 3 283 Oct. 31, 1893 J.R.12 396 Mar. 27,1890 51 1 295 July i 1902 Jan. 22 1894 16 124 Do 2,3 296 May 28,1894 S3 356 May 24,1890 292 325 Mar. 3, 1893 364 June 10,1890 407 22 26,27 523 234 Oct. 3, 1913 Aug. 3 1894 192 366 443 29 193 Do 202 511 June 25,1890 616 117 Aug 4 1894 213 94 Aug. 19,1890 801 81 Aug 18 1894 299 2 419 Do 802 353 May 28 1894 3 420 Feb. 19,1900 Jan. 19,1907 4 5 417 414 June 13,1902 Do. 552 NAVIGATION LAWS OF THE UNITED STATES. ACTS SUBSEQUENT TO REVISED STATUTES Continued. Date. Chap- ter of Stat- utes. Section. s& vol- ume. Amended or affected. Date. Chap- ter of Stat- utes. Section. Page of this vol- ume. Amended or affected. Aug. 18,1894 300 292 June 11 1896 420 275 Feb 14 1903 504 Feb. 14,1903 Jan. 18, 1897 61 116 Mar 3 1897 Aug. 27,1894 349 July 24,1897 June 7 1897 7 8,13 237 237 Feb. 14,1903 Aug. 24,1912 Oct. 3, 1913 July 24,1897 Jan. 20,1897 Jan. 21,1897 67 83 1 2 21 22 441 Mar. 3, 1905 May 16,1906 Dec. 15, 1894 7 17,18 20 26 339 238 206 330 Do. Aug. 5, 1909 Mar. 2 1896 Mar. 2, 1897 Mar. 3, 1897 358 389 1 1 2 3 344 489 28 66 Mar. 16,1908 Feb. 14,1903 Mar. 4, 1915 Jan. 16, 1895 Feb. 8, 1895 Feb 18 1895 24 64 97 2 4 5 1 2-4 37 19 20 44 49 382 388 68 Feb. 14,1903 Do. Mar 3 1897 4,6 5 7 8 11 12 13 14 15 85 391 86 69 325 391 393 120 210 Dec. 21,1898 Feb. 14,1903 Do. Feb. 19,1895 Mar. 1, 1895 102 146 2 1 80 378 115 Dec. 21,1898 Apr. 11,1904 Feb. 14,1903 Feb. 15,1902 Apr. 23,1897 1 16 17 19 211 205 63 339 Do. Mar. 2, 1895 173 1 2 4 26 27 29 30 31 31 Feb. 14,1903 Do June 7, 1897 Do 4 4 1 3,4 5 367 369 370 376 367 388 Feb. 19,1900 Feb. 14,1903 May 25,1914 Feb. 14,1903 Do 177 1 9 503 200 July 24,1897 11 5 393 Do Feb 5 1896 189 9 457 367 12 13,19,28 237 238 Aug. 5,1909 Mar. 2, 1896 37 330 Feb. 14,1903 14 238 Aug. 24,1912 Mar. 6, 1896 Mar. 16 1896 49 58 1,3 2 394 394 533 Apr. 26,1906 Feb. 14,1903 23 24 25,26 178 179 339 Oct. 3,1913 Apr 25 1896 140 339 Apr 23 1897 Do 13 172 May 9 1896 164 222 Feb. 17,1898 26 1,2,3 258 May 19,1896 May 21 1896 208 217 1 2-4 417 418 236 Mar. 22, 1898 85 3 4 275 246 333 May 25,1900 May 22,1896 May 28,1896 Do 232 252 255 2 19 1 533 519 54 Oct. 22,1914 Apr. 22,1898 May 14,1898 Dec. 21,1898 J.R.25 299 28 14 1 446 276 99 Mar. 14,1912 June 8,1896 June 10 1896 371 401 2 3 1 2-4 55 54 234 235 362 2 3 4,5 4 6 70 75 76 100 77 June 28,1906 Mar. 3,1905 June 28,1906 Do 403 ... 533 Feb. 14,1903 7 102 TABLE OF LAWS. ACTS SUBSEQUENT TO REVISED STATUTES Continued. 553 Date. Chap- ter of Stat- utes. Section. Page .flhis vol- ume. Amondod or affoctnl. Date. Chap- tor of Stat- utes. Section. of this vol- ume. Amended or affected. Deo. 21,1898 28 8,9 10 11 12 13,14 15 16,17 18 103 104 100 104 105 106 108 73 74 July 1,1902 Apr. 30,1900 May 9,1900 May 21,1900 May 25,1900 339 387 487 555 5 6,97,98 75 10,89 95,96 1-2 3,4 2 262 262 263 264 263 411 412 228 333 May 27,1910 July 1,1902 19 20 86 87 June 6,1900 Do 786 791 2 284 504 Feb 14 1903 21 22 80 89 Feb. 23,1901 Mar. 2,1901 465 805 1 153 341 June 3, 1902 23 92 Mar. 3,1901 836 292 24 78 Apr. 26,1904 June 28,1906 Mar 4, 1915 Do Do 857 863 294 502 533 442 Feb. 14,1903 June 29 1906 24 91 Feb. 15,1902 23 115 25 63 Mar. 8,1902 140 Do. Feb. 2, 1899 29 84 M 3 69 56 57 231 Apr 29, 1902 637 4 6 7,8 269 272 273 180 Feb 14 1903 Mar. 3,1899 425 g 406 Do 641 1 316 10,11 12 13 407 408 Mar 3 1905 May 9, 1902 May 13 1902 784 JR20 5 340 397 14,15 410 May 9, 1900 June 3, 1902 905 341 Mar 4 1907 Do 429 16 17,18 19 20 56-58 412 413 415 416 27C June 13,1902 June 13,1902 1079 1 4 6 11 12 401 457 417 417 416 142,460 173 174 274 283 277 Apr. 21,1910 Feb 14 1903 June 24,1902 July 1 1902 1155 1368 1 2 38 47 445 June 29 1906 175 275 Do 1369 1 268 Do 441 176 460 330 275 274 113 Apr. 21,1910 Do. Do 1370 2,11 3 84 1 273 269 269 296 - Feb. 14,1900 19 109 4 9 502 Feb. 19,1900 22 1,2 358 Do 1383 1 262 Mar. 23,1900 90 1,2 370 58 Jan. 26, 1903 Feb 2 1903 196 349 2 1 59 335 Mar. 31,1900 Apr. 12,1900 120 191 1 2,3 4 4,8,14 9 166 187 166 187 534 265 265 Feb. 14,1903 Do. Do. Feb. 14,1903 Apr. 11,1904 552 1140 2,3 1-3 4 5 7-9 10 336 482 483 484 485 486 80 Mar. 4, 1913 Aug. 23,1912 10,13 266 July 1,1902 Apr. 13.1904 1252 82 554 NAVIGATION LAWS OF THE UNITED STATES. ACTS SUBSEQUENT TO REVISED STATUTES Continued. Date. Chap- ierof Stat- utes. Section. Page ofthis vol- ume. Amended or affected. Date. Chap- ter of Stat- utes. Section. Page ofthis vol- ume. Amended or affected. Apr 27, 1904 1625 242 June 28,1906 3583 4 76 Mar. 4, 1915 Apr. 28, 1904 1766 458 77 Do JR 36 459 June 29 1906 3590 445 Feb 3 1905 297 315 Do 3592 316 Feb 6 1905 453 316 Do 3594 1,2 337 Feb 9 1905 564 166 3,4 338 Mar 2 1905 1311 457 Do 3612 442 Mar 3 1905 1454 1 100 June 30,1906 3909 217 2 117 Do 3913 342 3 127 Mar 4, 1915 Do 3915 2 343 Do 1456 4 158 122 Do 3919 3 344 147 2 146 Do 3937 442 Do 1457 1 2 499 Jan 19 1907 300 358 3 155 Jan 25, 1907 398 56 4 116 May 16 1906 Feb 6 1907 471 495 5 157 Mar 3 1915 Feb 8 1907 892 496 6 117 Do 991 56 Da. Do.. .. 1482 1496 7 8 9 10 4 2 4 146 148 116 389 409 338 Mar. 4, 1915 Feb. 20,1907 1134 1 2 3 4-7 8-9 10,11 301 302 304 305 306 307 Mar. 26,1910 Feb. 27,1906 Mar. 17,1906 510 955 6 3 339 520 115 12 13-15 16,17 307 309 310 Mar. 4, 1909 Mar. 23,1906 Apr 9, 1906 lift) 1372 1 4,5 401 402 498 Mar 4, 1913 18,19 20,21 22 311 312 504 Apr. 24,1906 Apr. 26,1906 Do 1865 1874 1 ST.") 1 2 3 1,2 44 46 45 394 488 Feb. 29,1912 Mar. 4, 1907 2907 23-25 26,32,33 35-38 41 505 313 314 315 331 May 12,1906 2453 252 341 Do 24'A 396 Mar. 24,1908 96 1,2 459 May 16, 1906 24(10 116 Mar. 26,1908 90 3 510 May 28, 1906 2566 149 Apr. 2,1908 123 121 Do 2566 258 Apr. 28,1908 151 1-3 394 June 11,1906 1071 154 Mar. 4,1915 4 395 Do 307.1 1,3 267 Apr. 29,1908 159 1 | 269 June 14,1906 June 19,1906 June 25,1906 nog 3433 JR35 2-4 5 4 .' 288 289 290 298 299 300 457 May ll.l'.Hix May ic,. UNIX May May . II.N 170 187 212 6 1,2 1 2 3,4 r> 399 344 534 204 56 154 20 Mar. 3,1915 June 26,1906 3547 1,2 3 1 c, 7-12 13,14 284 285 286 287 288 7 s 8 9 10 398 421 422 498 101 Mar. 4, 1913 TABLE OF LAWS. 555 ACTS SUBSEQUENT TO REVISED STATUTES Continued. Date. Chap- ter of Stat- utes. Section. Pago ofthi.s vol- ume. AiiUMnh-1 or affected. Date. Hiap- terof Stat- utes. Section. Page Of'.lli.s vol- ume. Amended or affected. May 28,1906 Dec 19 1908 LTJ 6 11-15 102 159 Mar. 4,1915 Aug. 5,1909 G 22 25 238 238 Feb. 6, 1909 Do 82 82 1 2 26 27 Mar. 8, 1910 86 36 171 172 Mar. 8, 1910 Feb. 9,1909 Feb. 16, 1909 100 1152 1-4 5-8 347 348 421 Jan. 17,1914 Mar. 26,1910 128 2 3 302 J04 Mar. 2, HMK) Mar. 3, 1909 Do 244 204 264 1 2 5 G 125 126 418 399 Apr. 21,1910 Apr. 27,1910 183 193 4 5 9 283 275 517 534 Mar 4 1909 305 308 May 27, 1910 258 262 Do. 321 9-11 434 June 9, 1910 268 1-3 351 12-14 15-17 18 44 72 82 107 200 435 436 437 446 472 61 501 320 June 10,1910 June 17,1910 June 23 1910 283 301 359 4,5 6-9 1,2 3-5 4 5-8 9-11 352 353 461 462 512 513 514 403 204 321 Do... 360 1 403 232 233 234 235,236 151 152 150 151 Do 373 2 3,4 5 1-4 404 405 406 460 272 272 273-277 278-283 439 468 469 470 June 24,1910 June 25,1910 379 384 5 1 2-4 461 424 425 523 July 23,1912 Do. 284 471 Do 402 154 286-288 289 290 471 472 477 Feb. 13,1911 Mar. 3, 1911 46 209 1-3 4,5 217 218 462 291 472 Do 217 534 292,293 473 Do 231 42,43 468 294 295,296 297-300 301 477 473 474 475 Mar. 4, 1911 237 45-47 271 291 464 96 464 61 302 477 Do 265 1 441 303 304-307 434 478 Feb. 29,1912 47 2,3 442 45 308 309 310 446 447 475 Mar. 14,1912 May 22, 1912 S.J. R.10 130 1,2 446 497 310 478 July 9 1912 220 487 Aug. 5, 1909 6 12,13 15 16 17 18 19 20 21 339 179 178 179 238 237 237 444 Aug. 24,1912 Oct. 3, 1913 July 23,1912 Aug. 1, 1912 Aug. 13,1912 250 268 287 1,2 1,2 3-5 1 2 3,4 5 6-11 424 462 463 425 426 427 432 433 556 NAVIGATION LAWS OF THE UNITED STATES. ACTS SUBSEQUENT TO REVISED STATUTES Continued. Date. Chap- ter of Stat- utes. Section. Page of this vol- ume. Amended or affected. Date. Chap- ter of Stat- utes. Section. Page of this vol- ume. Amended or affected. Aug. 14,1912 209 1 292 May 25, 1914 98 376 296 501 June 15,1914 June 24,1914 106 124 2 449 328 Aug. 20,1912 307 19 June 30,1914 400 21 Do 441 Aug. 23 1912 350 1 484 Do 444 Aug. 24,1912 373 1-3 280 July 17, 1914 146 150 Do 390 4-7 8-10 11-13 1 281 282 283 447 Oct 3 1913 Aug. 15,1914 Aug. 18,1914 253 256 1-3 4,5 2 459 460 32 54 2-4 5 () 448 449 450 Sept. 4, 1914 Ex. 120 317 54 7 8,9 451 452 Oct. 22, 1914 Ord. 334 55 10 11 453 Do 336 149 12,13 456 Jan. 28, 1915 1,2,4 506 Jan. 24, 1913 10 14 5 457 15 317 149 Aug. 18,1914 Feb. 24,1915 507 157 460 17 Mar. 3, 1913 118 1,2 121 Mar. 3, 1915 8 399 3 12J! Mar. 4, 1915 1 154 Do Mar. 4, 1913 Ex. Ord. 160 222 495 522 498 2 3 4 5 148 155 155 116 Oct. 3, 1913 III, AA 234 6 102 III, BB IV, S 234 Do . 7 400 16 f IV J Do 17 sub 179 Do 82 sec. 7 Mar. 4,1915 H. J. Par, 451 IV J 237 Do Res. 1 99 Jan. 17,1914 Mar. 9, 1914 9 33 sub. sec. 5 IV, J sub. sec. 6 IV, O IV, J Sill). sec. 4 IV, D IV, C IV, K IV, L 1-4 5-8 237 237 238 239 265 270 444 238 347 348 320 Mar. 4, 1915 2 3,4 5 6 7 8 9 10 11 12 13 14 14 15 16,17 19 97 76 104 28 86 80 89 92 78 79 97 121 128 325 81 73 May 25, 1914 98 369 20 99 ALPHABETICAL INDEX. Page. Abandonment of seaman 405 Abatement of claim prohibited 196 exception 197 Able seaman. See Seaman. Abut inents, bridge, obstruct ing navigation . . 414 Accidents, officers of vessel to report.. 157,324,325 Aeconimodat ions, for crew 27-29, 101, 108 for passengers 100,159,167 Actor not contract laborer 303 Acts, table of, included in this compilation... 539 Adjacent countries. See Contiguous coun- tries. Admeasurement. See Measurement. Administrative officers 482 Adulterated products, interstate or foreign trade in 331,342 Sec also Live stock. Advance wages 78 Advertising, for immigrants in foreign country 305 mail contracts 317,322 notice of trial. See Procedure. seizures by revenue officers 190 Agent, oath on issue of enrollment or license. . 47 oath on registry of vessel 35,38 See also Seal agents; Special agents. Agreement of seaman. See Shipping articles. Agreement to relieve owner of liability 112 Aids to navigation. See Navigation. Air for steerage passengers 162 Air and light space, exempt from measure- ment 30 Alaska, crimes and penalties 276 destitute seaman in 82 jurisdiction over offenses in 280, 283, 284, 288 licenses and charges in, special 274 manifests in trade with 182 pelagic sealing 278-283 remission of penalty incurred in 330 salmon fisheries 284 sea otter, hunting or killing forbidden 283 seal agents, appointment and duties 517 seal fisheries 275,278-290,517 governor to report on 284 special provisions concerning 274 subports, establishment in 533 Albany, N. Y. , merchandise destined for 210 warehouses at 214 Alien, fishing by, in Alaska, prohibited 288 may own steamboat on river or bay 18 naturalization of, as seaman 60 prohibited from ownership in vessel of United States 15,34 record of American-built vessel owned by . . 50 sale of vessel to 41 Page. Alien, service as officer 54 tonnage taxes on vessel of 173 transfer of vessel to 260 See alto Head tax; Immigrants; Immigra- tion. Allotment of wages 78 Allotments of appropriations 520 Alteration of marine documents 53 Alton, 111., merchandise destined for 211 American Ephemeris, printing and distribu- tion 397 American seaman. See Seaman. American vessel. See Vessel. Ammunition. See Arms and ammunition. Anarchists, immigration prohibited 303,314 Anchorage grounds, authority to establish ... 400 quarantine stations 294,298,299 See also Obstructions to navigation. Anchored vessels. See Fog signals; Lights on Anchors, inspection of 100 Animals. See Live stock. Antiscorbutics, vessel to be provided with ... 107 Appeal, customhouse brokers, for revocation of 1 icense 462 from decisions of boards of inquiry, Immi- gration Service 506 from revocation of certificate of inspection. . 119 officer refused license 118 Appendix to certificate of registey 31 Appraisement of property seized by revenue officer 189 Apprentices, form of account of 91 general provisions concerning 62 ocean mail steamer 319 pilots' or engineers' 157 shipping commissioner to facilitate making. 61 See also Seaman. Appropriations, limitations upon 520 Arbitration before shipping commissioner 81 Arms and ammunition, export of 445, 446 sale to Alaskan Indians prohibited 274 sale to Pacific Islanders prohibited 446 vessels carrying to belligerent 437 See also Piracy. Army, enforcement of neutrality laws by . . 436, 437 officers of, assignment to canal and water- ways commissions 458 light house districts 514,515 coast surveying by 519 transportation of supplies for 458 transports for conveying merchandise to Guam 462 Arrest of vessel to be stayed under bond 113 Arriving aliens, manifests of 307 557 558 NAVIGATION LAWS OF THE UNITED STATES. Page. Arson, offense and punishment 471 YPsscl in Alaska , 276 Articles, shipping. See Shipping articles. Artist not contract laborer 304 Assault, offense and punishment 53, 87, 469, 477 Assistant inspectors. See Customs officers; Local inspectors. Assisted immigrants prohibited 303, 305 Astoria, Oreg. , clearance from 215 merchandise arriving at 213 Astronomical meridian 398 Atlant ic-G mat Lakes Canal 457 Atlantic and Pacific ports, shipping articles. . 63, 68 Attachment, wages and clothing exempt from 79 Attorney. See Agent. Auditor for Treasury Department, copy of manifest to 200 Augusta, Ga., merchandise destined for 210 Automobiles on passenger vessels 149 Auxiliary naval cruisers 318 Bacon. See Meat products. Baggage, formalities upon entry of 205 immediate transportation of 230 inspection on frontiers 244 permit to land on Great Lakes 250 search of 188, 189 Barges, accidents in open sea to be reported . . 325 equipment of passenger-carrying 148 inspection, equipment, and requirements for navigation 101-102 lights on 369 when not to be documented 19 Barratry, offense and punishment 473 Bathrooms for crew 29 Bay, ownership of vessel on 18 Sec also Inland waters. Bayport, Fla., merchandise destined for 210 Beacons. Sec Bureau of Lighthouses. Beam, breadth of 24 Beef. Sec Meat products. Beggar immigrants prohibited 302 Bergen County, N. J., vessels documented at Jersey City 49 Bering Sea, seal fishories 278-283 Bert 1 is, for seamen 28 for steerage passengers mi Berwick, Ife., marchandiK destined for 213 Bet ween-decks, method of measuring 26 Bills nf h'Mltli, requirements as to -j'.il Hills of lad iyg 113 fraudulent, in Alaska l>7iv--.'77 B ills of salt H ) m'rllis to bo entered in log book 109 Blank forms, !tc. .SV/ Supplies. Board. See Local inspectors; Supervising in- spectors. Boarding and search of vessel 166,187-189 Boarding officers, exhibit of list and produc- t ion of crow Of) iiHpeciion of inward manifests 20S report, of violations to collect or 68 Boats employed on internal waters or canals not to be documented 19 See also Vessels. Page. Boatswain's stores, space for, deducted from gross tonnage 29 Boiler spaces, deducted from gross tonnage. . 30 Boilers and boiler plates, inspection and manufacture 122-126 See also Steamboat-Inspection Service. Bond, alien owner of steamboat 18 cancellation of registry 42 cargo for reexport 201 common carrier, goods for immediate trans- portation 230 entry of baggage and tools of trade 205 express packages, importation 235 1 il >el cases 113 master's, to secure passport 1S6 night lading or unlading 217 on delivery of imported merchandise in coasting trade 203 to secure duties 203 to secure imports at special ports 211 to secure proper use of imported tea waste, etc 345 to secure property seized by revenue offi- cers 190 transportation of merchandise in 226 Bonded merchandise. See Merchandise. Bonded routes 226 Bonded warehouses, in Philippines 273 list of ports at which established 533 Bonds and notes, United States, \ required to carry 182 Books, summons to produce 195 See also Log books. Bottom, measurement of double 27 Bottomry, lien by 40 Boundary marks. See Public works. Boundary, State, pilot on waters forming. . . 169 Branding, false. See Adulterated products. Breach of duty. See Penalty. Breadth of vessel, how determined 24 Break, method of measuring 26 Breakwater obstructing navigation 407 Bribery and solicitation of bribes 52, 53, 234 Bridges across navigable waters 401-407 abutments, draws, piers, spans, etc., ob- structing navigation 413-414 British North America, consular fee for cer- tifying invoice for 241 discriminations against American goods and vessels in ports and waters of 1 ::>. 1 77 lading or unlading in United States of ves- sels laden with products of 251 mercliandi.se in transit for or th rough 228 restrictions and privileges of commerce with 212-251 See also Canada; ('out unions count ri"s. Brokers, licensing ot customhouse 461 Brownsville, Tex., merchandise di stiii-d for. 213 Bu ild , change of 39 Builder's ( -rtifica to Bulk cargo, privilege of vessel with 201 Bulkheads, obstruct ing navigation 407 water- tight 1^6 Secnltn Public \\orks. Bullion and coin, American vessels required to carry 182 ALPHABETICAL INDEX. 559 Huoys, method of marking 397 See alxn Bureau of Lighthouses; Public works. Bureau of Jmmigration and Naturalization, change in name 316 organization, powers, and duties Secalxn Immigration. Bureau of Lighthouses, organization, pow- ers, and dnt ies 512-516 Bureau of Navigation, powers and duties.. 486-488 limitary. N' Plundering. Burlington, Towa. merchandise destined for.. 211 Burning. $ Livestock. Cabins, measurement deductions 24,29 fables, inspect ion of ships' 100 protection of submarine 479 Cadets OH ocean mail steamers 319 CatTeine, imports of tea waste, etc., for pro- ducing 344 Cairo, 111., merchandise destined for 211 California, establishment of subports 534 jurisdiction over offenses in Alaska.. 282,288,289 remission of penalty incurred in 330 Camden, X. J., vessels documented at 49 Canada, aid to wrecks on border of 325 discrimination on canals of 177 record of alien departures for 307 transit of merchandise through 228, 276 vessel making daily trips to 172 vessels touching at ports of 174 Sec also British North America; Contigu- ous countries; Great Lakes; Immi- gration. Canal boat, exempt from libel for wages 78 inspection of 116 lights on 369 marine-hospital relief not to be afforded employees on 93 when not to be documented 19 Canal Zone, boundaries 447 captains of ports authorized to issue pro- visional cert ificates of registry 16 control vested in President 448 courts, jurisdiction 448,451,452,453 destitute seamen in 82 exempt from immigration laws 313 extradition laws and treaties extended to. . 456 immigrat ion via 302 manifests in trade with 182 Sec also Panama Canal. Canals, authority of Secretary of War for maintenance 399 discrimination on Canadian 177 exemptions from tolls 377 inspection of vessels on 115 regulation of navigation of 417 wrecks on northern border 325 See also names of canals; Documents; In- land waters. Cancellation of register or license 42, 47 Capture of private property at sea 459 See also Piracy. Cargo, damage to, by seaman 87 Sec also Merchandise. 92075 15 36 Page. Carpenter's certificate, what to contain 33 Casting away vessel in Alaska 276 Cattle* Sec Live stock. Cat tie ships, regulation of 331 Causeways, authority for construction 406 Cert ili. of inspection of steam vessel, general pn>- \isiuns 154 record of 500 revocation of 101, 119 to show complement of oflicers and crew. 121 to show number of passengers permitted. 153 of record of American-built vessel owned by alien 50 of registry, appendix to 31 cancellation of bond and 42 change of enrollment 43 condit ions precedent to granting 23, 33 custody and surrender of 37 deposit on entry 185 deposit with consular officer abroad 186 failure to surrender 42 foreign vessel built in United States 50 forgery of 58 form of 36 formalities on change of ownership, build, or master 39, 48 issue to corporations 38 loss of 41 not granted before inspection 116 offenses and penalties relating to 52, 53 place of issue 34 provisional 16 temporary 35 to be numbered and bear Department seal 37 what to contain 31 See also Registry. of service, able seaman 98 See also Citizenship; Discharge of seaman; Enrollment and license; Measurement. Certificated lifeboat man, definition 143 Certification of marine paper 48 Change of build, master, name of vessel, owner, trade. See Build, Master, etc. Channels, obstructing 407,410 Charges. See Fees. Chart house, deducted from gross tonnage. . . 29 Chart erer of vessel, deemed the owner Ill Charts, manuals, etc., preparation, printing, and distribution 397 See also Coast and Geodetic Survey. ~ Chattels, definition ' l 1 .* Chemicals on passenger vessels 148, 149 Chesapeake City, Md., vessels documented at. 49 Chicago Harbor, dumping regulations 410 Chief of Engineers, bridges, improvements or obstructions to navigation, public works, etc., under supervision of 401-418 See alfo Army. Children, immigration limited 303 immigration of naturalized alien's 314 pension to deceased life savers' 510 Chinese, importation of opium by 346 Cholera. See Health. Chosen. See Korea. Cigars, packing, entry, and inspection 206 Cincinnati, Ohio, merchandise destined for. . 211 560 NAVIGATION LAWS OF THE UNITED STATES. Page. Circuit courts, jurisdiction transferred to district courts 464 Citizenship, crews of contract mail steamers. . 318 officers and owners of vessels 15, 32, 44, 54, 120 seamen 60 See also Alien. Claim for property seized by revenue officer, how filed 190, 191 Claims, abatement or compromise of Govern- ment 197 Cleanliness among steerage passengers 164 Clearance, at special ports 215 coasting trade 252,254,256 conditions precedent to granting 79, 180-183 effect of State inspection laws 182 fees 183,522 ferryboat exempt from 203 for another great district 254 form of 182 vessel on Great Lakes 248,249 vessels exempt from certain fees 204 vessels in Philippine trade 269-270 withheld till compliance with steerage law. 168 within a great district 252 yacht exempt from 19 See also Health. Clothing of seamen, exempt from attachment . 80 forfeiture for desertion, and disposition 86, 88 vessel must carry slop chest 107, 108 Coal, cargo destined " for orders " 207 duty on 23 7 free entry as equipment of vessel 205 special entry of 201 tune limit for unlading 222 Coal bunkers, deducted from gross tonnage. . 30 Coast and Geodetic Survey, charts 398 purposes and duties 518 Coast Guard, derelict-destroying vessel oper- ated by 396 inspection of life-saving stations by officers of 508 merger of Revenue-Cutter Service and I.ifo- Saving Service 506, 507 organization and functions 506, 507 to enforce navigation rules 394 to enforce seal-fisheries laws 289, 290 See also Public vessels; Treasury. Coast Guard cutters, aid to vessels in distress. 396 aid to crews of fishing vessels 328 crews entitled to marine-hospital relief. 94 .!, maintenance, and duties 327 378,384,391 See also Public vessels. see Great districts. Coasting laws, implication to Alaska 274 application to Philippines 269 evasion on frontiers 242 offenses against, and penalt ies 260 Coasting trade, between Long Island and Rhode Island LM: chapter relating to 252 clearance in 252, 254 , 256 delivery of imported merchandise in 202 entry in 253, 255, 256 exempt from tonnage tax 171-172 foreign-built vessel excluded 16 foreign merchandise in 201,251 Page. Coasting trade, foreign tugboat in 259 foreign vessel, barred from 258 on Great Lakes 242 may distribute cargo in 258 form of license for 45 officers authorized to document vessels to engage in 49 on Mississippi and tributaries 256 registered vessel in 258 report of entry at other than place of desti- nation 258 shipping articles 64, 68, 69 between Atlantic and Pacific ports 63. 68 touching at foreign ports 250 vessels entitled to engage in 18 with Alaska 274 with guano islands 439 with Hawaii 262 with Philippines 269 with Porto Rico 265 Coasting voyages of foreign vessels 259 Coastwise trade. See Coasting trade. Cocaine, import and export restrictions 348 See also Opium. Cod fisheries. See Fisheries. Coin and bullion, American vessels required to carry 182 Cold Spring, N. Y., merchandise destined for 213 vessel may be documented at 49 Collectors of customs duties pertaining to certificates of inspec- tion 154 certificates of registry 37 clearances 180 crew lists 66, 67 documents of vessels 46, 48 mortgages, bills of sale, etc 40 motor boats 353 passenger accommodations 1 67 record of citizenship of seamen 60 report and prosecution of violations of revenue laws 68, 192, 193 returns of passenger lists 166 shipping seamen 61 steamboat-inspection laws 158 fees r* offenses of, relating to marine document. . . 52,53 See also Customs officers; Treasury. Collisions, duty to stay by in 350 liability in case of 110, 157 rules to prevent. See Rules of the road. to be entered in log book 109 I of Light-House Service, adjustment of damages 513 Colombia. See Panama Canal. Color blindness, examination of licensed offi- ; for 55 Colorado, establishment of subports in 533 Columbia River. See Astoria; Portland. Commerce, epidemic may suspend 295 Commerce Depart men! , organic act 482 Commercial agents. Srr Consuls. Commissioner of Internal Revenue, Philip- pine shipments regulated by 271 Commissioner of Lighthouses, appointment, powers, duties, and responsibilities.. 512-516 ALPHABETICAL INDEX. 561 Commissioner of Lighthouses, authority or direction to, concerning aids to naviga- tion 3onsil)ilil ies. . 1S6-488 nntliority or direction to, concerning allot- ments 79 cancellat ion of registers 42 changing name, of vessel 22 consolidating enrollment and license. .... !."> measurement exemptions 30 navigation laws 31 numbering vessels 21 private signals, registration 398 provisional certificates of registry 16 pnblicat ion of list of merchant vessels 487 record of American-built vessels owned by aliens < r >l record of certificates of registry 37 registry of Porto Rican vessels 265 towing regnlat ions for barges 102 decision on tonnage tax, effect 174 Commissioner General of Immigration, powers and duties 301-316,503 Commissioners, d istrict court 519 Common carriers, bonded for immediate transportation 230 exempt from forfeiture 192 Comparison of cargo and manifest 216 Compromise of claim prohibited 196 exception 197 Comptroller of the Treasury, enforcement of quarantine laws by 298 to allow for transportation of destitute sea- men 83 Condemnation, costs of, how paid 190-194 See also Procedure. Consul, aid to and report on wrecks 325 complaint to, by crew 105 deceased seaman's wages and effects cared for by 83-86 destitute seaman cared for by 82 duties as shipping commissioner 65 foreign, not to return registers until clear- ances granted 1 S5 inspectors appointed by 104 jurisdiction over seaman 94 naval officer acting as 241 prohibited from profiting from, services to seamen 241 provisional certificates of registry, author- ity to issue 16 reports on sanitary conditions 503 reports to Secretary of Commerce 484 services to vessels 240 statement of services to be furnished to master 185 to reclaim deserters, investigate charges, etc 80 See also Fees; Health; Tonnage charges. Consulates of United States, list of 535 Consumptive immigrants prohibited 302, 306 Contagious diseases. See Excluded classes; Health; Live stock. Page. Contiguous countries, admission of aliens through 313 bill of health in trade with 292 citi/.ens exempt from head tax 301 commerce with, restrict ions and privileges. 242 documenting of vessels in trade with 18,19 engagement of seamen in trade with 63,68 remission of penally incurred on frontiers.. 330 Sccalxo Canada; Creat. Lakes; Mexico. Contract laborers. See Laborers. Contract of seaman. See Shipping articles. Contracts, limit at ions upon (ioverninent . . .. 520 Conviction, entry in logbook 108 Cook County, 111., dumping in Lake Michi- gan 410 Cooking arrangements, steerage passengers. . . 163 Corporal punishment prohibited 89 Corporation, American, may own vessel 15 enrollment and license to 47 may improve rivers 401 register to 38 Cotton on passenger vessels 148 Counsel, officer's right to 55 Count of passengers. See Manifest. Counterfeit ing, marine documents 52,53 stamps for boiler plate 124 Courts. See Circuit courts; District courts. Crew, accommodations for 27-29, 107 assignment for emergencies 143, 144 certificated lifeboat men 143 full complement required 99, 121 rules concerning papers relating to 67 See also Seaman. Crew list, what to contain, and formalities concerning 66, 67, 143 Crimes, definitions, trials, and punishments. 468 punishment for, committed in ceded terri- tory 446 See also Alaska; Great Lakes; Penalty; Piracy; names of crimes. Criminal immigrant prohibited 303 Crimping, offense and punishment 78 Crui-lty, complaint by seaman of 74 Cruisers, auxiliary naval 318 Cubans exempt from head tax 301 Culebra Island, possession authorized 447 Custody and surrender of register 37 Custody of property seized by revenue olli- cers 192 Customhouse , removal during epidemic 298 Customhouse brokers, licensing 461 Customs districts, delivery of cargo in vari- ous, after entry 202 list of 527 Customs duties. See Duties. Customs inspection on frontier 244 Customs laws, application to Alaska 274 directly relating to vessels 188 Customs officers, assignment to duties in Lighthouse Service : 515 complaints to, by crews 105 duty to enforce laws 196 fee schedule 522 inspection of merchandise in transit 518 may administer oaths 206 562 NAVIGATION LAWS OF THE UNITED STATES. Page. Customs officers, powers, duties, and respon- sibilities 489 sharing with informer, penalty 194 special agents to examine records of 516 See also Collector of customs; Secretary of the Treasury; Surveyors of customs. Customs seals on frontier 244 Dairy products, inspection of 341 Damage due to defects, liability for 120 Damage to passenger, liability for 157 Damage to vessel or cargo by seaman 87 Dams across navigable waters 401-407 Davits, number and arrangement 137-139 Day, unlading by, required 219-249 Death , entry in log book 108 Death of passenger, payment for each 167 Death resulting from negligence, etc 470 Debts of seamen, when recoverable 80 Deck houses, method of measuring 26 Deck room on steam vessel 145 Deck space for immigrant passengers 159-161 Decks, definitions of passenger and lowest passenger 160 Deductions from gross tonnage 27-30 Defects, liability for damage due to 120 Definition, able seaman 98 certificated lifeboat man 143 day , 219 decks, passenger and lowest passenger 160 home port 34 master 59, 198, 480 merchandise 198 motor boat 351 net or registered tonnage 24,31 owner 59 person 480 port 21, 34, 198 radio communication 433 register tonnage 24 registered vessel 15 sailing vessel 354, 32 commissioners 519 establishment and jurisdiction in Canal Zone -J-.J jurisdiction in admiralty cases 464 jurisdiction over motor boats 353 olTenses connected with submarine cables 1M violations of wireless equipment provi- sions 425 wh itc-slavo traffic 304 Districts. S Customs districts; Great dis- tricts; Lighthouse districts. Docks, licensed, in Alaska 274 Docum. Is 33 certification of deposit on entry 185 fraudulent use of 52,53,58,472 Is not requiring 19 See also names of documents. Dnm.^tic servant not contract laborer 304 Domestic trade. See Coasting trade. Al.l'll AI'.KTICAI. INDKX. 563 Dominion of Canada. See Canada. Double bottom, measurement of 27 Draft in time of war, licensed officers exempt from tt Draft of registered vessel to bo marked 22 Drawback, IxMietit of, in certain cases.. 202,238,272 Drawbridges, regulat ions as to -102, 111 Dredge, foreign-built, dredging in United States 258 Dredging of harbors 407,408 Drills of crew with life-saving appliances 144 I >rugs, importation of adulterated, prohibited 342 See also Opium. Drunkenness, penalty for seaman's 88 Dry docks, etc., Panama Canal 450 Dry Tortugas, quarant ine grounds at 298 Dubuqiie, Iowa, merchandise destined for... 211 Diuvs teeum, summons 195 Dumping into navigable waters 408 See also New York Harbor. Duration of license, officer 55 vessel 46 Duties, customs, on Philippine imports 269-273 discriminat ing 179 favoring United States vessels 179 disposition of Philippine 269-272 foreign-built yacht exempt 16 where payable 202 See also Fees; Tonnage tax. Dyewoods, cargo destined " for orders" 207 time limit for unlading 222 Dynamite. See Explosives. Edgecomb, Me. , merchandise destined for ... 213 Educator not contract laborer 304 Effects of deceased seamen, care and disposi- tion 83-86 sale to be entered in log book 83,109 Embezzlement, liability of vessel owner 110 E mbezzling stores or cargo, penalty 87 Emergency expenditures 520 Emigrant passengers. See Immigrants. Engagement of seamen. See Shipping arti- cles. Engine room, deducted from gross tonnage. . 30 Engineer, must admit apprentices to engine room 157 not to be impeded by freight 146 term "officer" includes 54 See also Licensed officers. Engineer Corps. See Army. Engines. See Steamboat-Inspection Service. Enrolled vessel. See Vessel. Enrollment and license, change to register. . . i.'J conditions precedent to 43, 116 consolidation into one document 45 corporations 47 duration of license 46 expiration while at sea 260 form of enrollment H form of license 45 Great Lakes vessels 18 inspection by revenue officers 50 loss of license 47 numbering of licenses 46 offenses and penalties relating to 52, 53, 58 Page. Enrollment and lieen-e, outside of district ... Is , ion of forged 260 special pro v isions 49 surrender of license for renewal 46 1 entitled to 18 ell XtOl requiring 19 vessels under 20 tons 19,44 yachts 19 Procedure. Entry, before delivery 199 ing trade 253,255,256,258 deposit of papers on 1 v, entranceonly atportsof 199 ferryboats exempt from 203 formalities concerning is i- 1 s? < ; real I ,akes vessels 248-250 mail to be delivered previous to 320,321 preliminary, of vessel 217 to another great district 255 under quarantine laws 298 vessels exempt from 19, 203 vessels exempt from certain fees 204 vessels in Philippine trade 269 wines and spirits 204 within a great district 253 yacht returning from foreign port 21 See also Health; Merchandise; Ports of entry. Epidemic may suspend commerce 295 Epileptic immigrants prohibited 302, 306 Equipment of vessels, destruction of defective 101 exempt from duty 205 inspection of 100 motor boats 351-353 must be approved 120 on Great Lakes, customs duties 247 Errors in documents, effect 198 Evansville, Ind., merchandise destined for .. 211 Evidence in defense of revenue officer for sei- zure of goods 189 Excluded classes of immigrants 302 Excursions, additional passengers 154 Executive. Sic President. Executive departments, limitations upon expenditures of 520 Executive officers 482 Exemption of vessel from seizure and for- feiture 192 Exemptions from certain charges, vessels. . . 16, 19, 204,399 Exemptions from duty (sea stores, coal, bag- gage, and tools of trade) 204, 205 Exemptions from entry, vessels 19,203 Exemptions from tonnage tax 171 Exhibit of laws on steam vessel 156 muster roll 143 E xpenditures, limitations upon Government. 520 Explosions, liability for 151,157 Explosives, express packages of 235 gasoline, use on passenger vessels 149 packing and marking 150, 151 petroleum, unlading 150 record of permits to carry 500 transportation of Ill, 148-153, 165 See also Arms and ammunition. 564 NAVIGATION LAWS OF THE UNITED STATES. Page. Export, transfer of duty-paid merchandise for 202 Exports, bullion and coin 182 discrimination against American 177 inspection of 202 Expositions, admission of aliens for work of. . 316 admission of boats, etc., for 239 Express packages of merchandise 234 Extra wages of seamen. See Wages. Failure to join, seaman's 87 False labeling or branding of food products . . 342 False swearing. See Perjury. Falsifying records and documents 52, 53, 58 Feeble-minded immigrants prohibited 302, 306 Fees, acts abolishing 522, 523 citizens serving as appraisers 190 collectors of customs 522 consular 240, 241 copy of rates of consular, to be annexed to clearance 186 copies of records 41 enrollment or license 44 exacting extortionate or illegal 52, 53, 61 hospital ships, exemptions 459 inspection of foreign steamers 116 marine-hospital relief 94 medical officers 291 payment before clearance 183 posting in customs offices 492 readmeasurement 31 schedule of 522 seaman's witness 96 shipping seamen in coastwise or near-by foreign trade 68 surveyors of customs 50 transporting destitute seaman 82 vessels exempt from certain 19,204,399,459 wharfage, in Porto Rico 267 Fellow servant, plea not applicable in suit for damages 99 Felony. See C'rimes; Penalty. Ferryboat, charige of master 48 exempt from entry, clearance, and mani- fests 203 inspection of 116 lights on 39 Filibustering 434 Fines, procedure for collecting 192 See also Forfeiture; Remission; Penalty. Fire, drill of crew 144 liability in case of 1 in, i:.7 protection against 100. See also Equipment. Firearms. See Arms and ammunition. Fisheries, Alaskan seal and salmon 278-290 engagement of seamen in 64, 70 form of license for 45 Hawaiian 263 North Atlantic, treaty with (ireat Britain concerning 278,444 sponge, of Gulf of Mexico and Florida Straits 459, 460 Fishing vessels, discrimination against American 175 engaging in foreign trade 183 Page. Fishing vessels, exceptions in favor of 65, 70, 75,70,77,79 exemptions of. ... 100, 103, 104, 106, 107, 108, 171-172 license to carry extra crew 153 lights, etc., on 358,371 may be documented by surveyor 49 medical aid from Coast Guard cutters 328 not subject to tonnage tax 171 not to obstruct New York Harbor 419 permit to touch and trade at foreign port. . 183 qualifications of 18, 260 right of way of 365,377 See also Cables. Five tons, licensed vessel over 19 Flags, registration of house 398 Flamenco Island, possession authorized 447 Flat cars, immediate transportation on 230 Flatboat not to be documented 17 Floats and life preservers 127 Flogging of seaman prohibited 89 Flood signals, display of 398 Florida, establishment of subports in 533, 534 wrecks in waters of 326 Florida Straits, sponge fishing in 459, 460 Fog, speed of vessel in 363,373 Fog signals, Great Lakes and tributaries 385 inland rules 372 international rules 362 western rivers 391 See also Bureau of Lighthouses. Food, for seaman 92 for steerage passengers 163 Food products, adulterated 342 interstate and foreign trade regulations .... 331 See also Live stock. Foot-and-mouth disease. See Live stock. Forecastle regulations 27-29, 100 Foreign-built vessels, inspection of registered. 120 registry of 15 Foreign mail in transit through United States 323 Foreign measurement laws, appendix hi com- pliance with 31 Foreign officials exempt from provisions of immigration law 315 Foreign ports, desertions of seamen in 80 destitute seamen in 82 discharge of seamen in 72 discrimination against American vessels and products in 17/M79 immediate exportation to 258-275 ins|M'ctions in 104 jurisdict ion over seamen in 94 touching at 250 Foreign seamen, desertion in I'nited States.. 80 jurisdiction OVIT. in American ports 94 marine-hospital relief for 94 Foreign trade. di-eh:in-e of seamen in 72 enrolled and licensed vessels in 183 live stock and food products in 331 on (ireat Lakes 18 M'/e of \ excels in 242 Foreign vessel, award for rescue of American seamen by 441 barred from coasting trade 258 built in United States, record of 50 ALPHABETICAL INDEX. 565 Foreign vessels, coasting voyages by Pago. 259 115 measurement of ........................... 32 not assimilated by treaty to American ves- sel ..................................... 178 purchased of American during rebellion can not be registered ....................... 18 to unlade only at port of entry ............. 199 See also Tug; Vessel. Foreign yacht, privileges .................... 20 Forfeited vessel may be registered ........... 15 Forfeiture, agent's false oath ................. 36 coasting laws, violut ing .................... 260 enrolled or licensed vessel engaging in for- eign trade ............................. 183 exemption of vessel from seizure and ...... 192 exemptions, and procedure for violating coasting laws .......................... 261 failure to report sale to alien ............... 41 false swearing by owner ................... 34 fishery vessel illegally engaging in foreign trade .................................. 184 foreign vessel illegally bringing imports 178 fraudulent use of documents ........ 52, 53, 58, 472 illegal change of name .............. ....... 22 importation of diseased live stock .......... 334 liquors not properly entered ............... 200 moieties prohibited ........................ 193 nondelivery of manifest on Great Lakes ... 243 not incurred for substantial compliance with form ............................. 198 notice to owner ............................ 261 seal fishing, unlawful ...................... 281 seizures for enforcing ...................... 192 unlading, illegal ......................... 216, 220 violating retaliatory proclamation of Presi- dent ................................. 175, 177 See also Merchandise; Penalty; Procedure; Remission. Forgery of marine documents ......... 52, 53, 58, 472 Form. See Apprentice; Certificate of regis- try; Enrollment; Shipping articles, etc. Fortifications, protection of. ................. 446 Freight, liens for ............................ 236 See also Merchandise. Freight boats, inspection of. ................. 117 Frontiers. See Contiguous countries. Fuel. See Coal; Liquid fuel. Fulminate. See Explosives. Fumigation of forecastles .................... 29 Funnel marks, registration .................. 398 Fur-bearing animals, restrictions on killing. 278-283 Fur-seal fisheries, Alaskan ......... 275, 278-290, 517 Galena, 111. , merchandise destined for ...... 211 Gasoline. See Explosives. Gangers. See Customs officers. General average, liens for freight or .......... 236 General issue, plea by revenue agent ......... 189 Goats. See Live stock. Goods. See Merchandise. Government Hospital for Insane, patients from marine hospitals admissible to. . . 94 Government securities, vessels required to carry .................................. 182 Government vessels. See Public vessels. Page. Great Britain. See United Kingdom. Great districts, miml>er, boundaries, and entry and clearance nrulatinns 252-261 Great Lakes-A i lain ie < 'anal 457 boats and rafts in fc.ro ten trade on 242-250 coasting-trade privileges on Lake Michigan. 249 crimes on 468,475 dam at outlet of Lake Erie 458 discrimination against American vessels : through 177 dumping in Lake Michigan 409, 410 engagement of seamen on 64,68 ent ry am 1 clearance of vessels on 248 foreign trade on 242 inward manifests for trade on 243 marking pierheads on 397 penalty for violating navigation laws of 250 radio equipment on steamers 424 reciprocal wrecking privileges on 325 repairs to vessels on, dutiable 247 reports of customs officers on 494 restrictions and privileges of commerce on 242-251 rules of the road on 382 sale of blank forms on 495 saloon stores of vessels on 247 sea stores of vessels on 246 steam tugs on 250 superintendents of life-saving service on ... 508 vessels enrolled and licensed on 18, 19 vessels on, exempt from certain charges 204 water levels on 457 See also Canada; Contiguous countries. Greenport, N. Y., merchandise destined for. 213 vessels may be documented at 49 Greenwich, adoption of meridian of 398 Gross tonnage, how determined 24 Guam, Army officers authorized to issue pro- visional certificates of registry 16 manifests in trade with 182 money equivalents in 270 shipments of merchandise on Army trans- ports 162 See also Insular territory. Guano islands, discovery, occupation, and possession 438 Gulf of Mexico, rules of the road on rivers flowing into 388 sponge fishing in 459, 460 Gunpowder. See Explosives. Harbor defenses, protection of 446 Harbor lines, establishment of 407 Harbors, control of Hawaiian 263 control of Porto Rican 266 improvement of Philippine 273 obstructions in 401 rules of the road in 367 vessels employed in, not to be documented . 19 See also Inland waters; Public works; Rivers. Harter Act 112 Hatchways, deductions from tonnage 26 Hawaii, contract-labor laws not applicable to seamen in 264 destitute seamen in 82 establishment of subports in 534 566 NAVIGATION LAWS OF THE UNITED STATES. Page. Hawaii, fisheries of 263 manifests in trade with 182 registry of vessels of 262 special provisions concerning 155, 262 See also Insular territory. Hawsers, length between towing vessels, etc. 102 Hay, transportation of 148 Head tax, levy and collection 301 refund when erroneously collected 315 Health, laws relating to public 291 Hawaii 262 Philippine Islands 270 Porto Rico 266 See aUo Adulterated products; Public Health Service. Height of vessels, how determined 24 Hides, cargo destined "for orders" 207 imports of neat-cattle 339 time limit for unlading 222 Hogs. See Live stock. Hold, depth of, how determined 24 Holidays, observance on vessels 97 Home port, definition 34 marking on stern 21 See also Port. Homicide 469 Honolulu. See Hawaii. Horses. See Live stock. Hospital equipment for crew 28 Hospital ships, exemptions 459 Hospitals, quarantine 298, 299 Hospitals for seamen 93 Hospitals for steerage passengers 163 Hours of service, licensed officers 122 seamen 97 Houston, Tex., merchandise destined for 211 Hudson County, N. J., vessels documented at Jersey City 49 Hulls of vessels, inspection of 100 Husband, ship's, authority to incur liability for repairs, supplies, etc 460 Hydrographic Office, Navy, establishment and duties 397 Ice, unlading of vessel obstructed by 225 Idiots, immigration prohibited 302, 306 111 treatment of crew 472 Illness, entry in log book 108 Imbecile immigrants prohibited 302, 306 Immediate delivery of merchandise 229 Immediate exportation of merchandise to foreign port 258,275 Immediate transportation of merchandise 229 ports of 229, 231,532 Immigrants, accommodations <>n vessels for. i.v.t, lf.7 admission of families of cili/.ens 314 ;ul vertising for or assist ing 305 deportation of rejected 311, 314 detention on board 311 excluded classes 302 frontier inspection 313 head tax on, and exemptions 301,315 refund of 315 illegal landing 306 inspection of 310, 313 manifest of, what to contain 307 Page. Immigrants, medical examination 310 registry and naturalization 316 See also Inspection, hulls and equipment. Immigration, boards of inquiry 505, 506 insular territory and Canal Zone 302 laws relating to 301,503 administration in Philippines 316 Immigration laws, persons exempt from op- eration of 315, 316 posting by steamship companies 315 scope of 313 skilled labor 303 Impairing public works 307, 309 Import duties by States forbidden 297 Imports. See Merchandise. Improvements to navigation 396, 401 Incorporated company. See Corporation. Indian, Metlakahtla, eligibility as officer 54 Indians, sale of firearms and liquors to Alas- kan 274 Infectious diseases. See Excluded classes; Health; Livestock. Inflammables. See Explosives. Informers, awards to, and restrictions 193 remission of penalty, effect on 330 Injury, entry in log book 108 Inland waters, documents of vessels navigat- ing 19 liability laws applied to 112 rules of the road on 367, 378 Insane immigrants prohibited 302, 306 Insane in marine hospitals admissible to Government Hospital for Insane 94 Inspection, appeal in cases of 119, 121 boilers and boiler plate 122-126 customs, on frontier 244 enrollment and license 50 gas, naphtha, electric, etc., launches 117 hulls and equipment 100 immigrant ships 167 immigrants 310, 313 inward manifests 208 merchandise laden for export 202 motor boats 117, 351-353 provisions and water 105 quarantine 294 registered foreign-built vessels 120 State laws, effect of \*2 steam vessels 115-158 tugboats, towing boats, and freight boats. . 117 vessels, occasional or special 118 See also Adulterated products, etc.; Cer- tificate of inspection: Steainlx>at- Inspection Service. Inspection laws, motor boats for enforcin.tr... 461 Inspectors. S<-r Customs otlicers: Light- house inspectors: Local inspectors; Merchandise; Supervising inspectors; Treasury. Insular territory, head tax on immigrants. . . 302 immigration laws applicable to 313 manifest of alien arrivals from 308 manifests in trade of 1 s - money equivalents in 270 Insurance, fralulrnlly obtaining 473 Internal revenue of Philippines 250 ALPHABETICAL INDIA. 567 Tage. Internal waters. See Inland waters. International Convention for Protection of Submarine Cables. See Cables. International Marine Conference, reconvening of delegates to 367 International rules to prevent collisions 353 limit of applicat ion 378 Interstate Commerce Commission, authority over transportation of explosives 151,152 jurisdiction over Panama Canal traffic in oe r i a in cases 454-456 Interstate trade, adulterated products 343 live stock and products of 331 vessels engaged in 19 See also Coast ing trade. Invoice, fradulent, in Alaska 276, 277 Inward manifest. See Manifest. Iron, immediate transportation of 230 special entry of 201 Irondequoit Bay declared navigable 117 Islands. See Guano islands; names of is- lands. Isthmian Canal. See Panama Canal. Japan,lights on fishing vessels in seas border- ing 359 treaty relating to pelagic sealing 278 Japan Sea, pelagic sealing 278-283 Jeffersonvflle, Ind., merchandise destined for 211,214 Jersey City, vessels documented at 49 Jetty obstructing navigation 407 See also Public works. Join, seaman's failure to 87 Joint liability of vessel owners Ill Jurisdiction, American seamen in foreign ports and foreign seamen in American ports 94 Canal Zone 448,451-453 ceded territory 519 offenses in Alaska 278-290 over offenses begun in one district and completed in another 468 transferred from circuit to district courts. . 464 See also Circuit courts; District courts; Crimes. Jute butts, cargo destined "for orders" 207 time limit for unlading 222 Kamchatka Sea, pelagic sealing 278-283 Kansas City, Mo., merchandise destined for. . 211 Keepers of life-saving stations. See Life- Saving Service. Keokuk, Iowa, merchandise destined for 211 Kittery, Me., merchandise destined for 213 Korea, lights on fishing vessels in seas border- ing 359 < labeling, false. See Adulterated products. Laborers, contract for importation of, void. . 315 exclusion of contract 303,305, 468 importation of skilled 303, 305 Lading. See. Merchandise. Lake Champlain , clearance on 215 entry of merchandise on 251 Lake County, HI., dumping in Lake Michi- gan 410 Lakes. See Great Lakes; Inland waters. 1'ago. Land, imports by, prohibition and excep- tions 242 Landing, illegal, of immigrants 306 Seeal.fi) Merchan Larceny, olTen-v and punishment 471 Launches, inspection of 117 Lavatory accommodations for crew 29 Laws, exhibit ion on steam vessels 156 motor boats for enforcing navigation 425 See also Posting. Lay shipment in fisheries 70-72 Lea ven worth, Kans., merchandise destined for 211 Lecturer not contract laborer .'in t Lemon juice required on vessels 107 Length of vessel, how determined 23 Levee. See Public works. Liability, agreement to relieve from 112 owners, masters, and shippers 110, 157 Libel, bond 113 for wages, vessel exempt from 7s to enforce penalty 193,353 Great Lakes 250 See also Procedure. License. See Enrollment; Licenses. Licensed and enrolled vessel. See Enrolled vessel; Enrollment and license. Licensed officers, altering license 58 appeals allowed to 118 citizenship 15,32,54,120 complement 54,121,122 deck space assigned by 146 duty to aid steamboat inspectors 156, 157 examination for color blindness 55 exhibition of license 56 failure to employ 56 failure to report accidents, etc 157 hours of service 122 investigation as to competency of 156 liability of Ill, 157 master or mate acting as pilot 58 may demand inspection of seaworthiness. 102, 104 not to visit steerage 165 oath and perjury of 58 offenses by seamen against 87, 88 offenses of, resulting in loss of life 47< > passenger steamers 54, 121 qualifications and disqualifications 54-58 refusal to serve 157 renewal of license when absent 55, 156 service during war 55 summary trial, procedure 466 temporary service of alien 54 vessels requiring 5f>, IK'., 117, 121 See also Engineer; Licenses; Master; Pilots; Suspension oflioense, etc. Licenses, cruising, yachts 20 customhouse brokers 4G1 interstate radiocommunication 425, 426 officers', appeal from decisions regarding. . . 118 conditions precedent to granting, and dis- qualifications 56-58 duration and renewal 55 motor boat 117,353 must be displayed 56 officers requiring 56 penalty for forgery 58 568 NAVIGATION LAWS OF THE UNITED STATES. Licenses, officers', record of 500 renewal during personal absence 156 See also Licensed officers. radio operators 427 special Alaskan 274 vessels'. See Enrollment and license. Lien, by bottomry 40 for freight or general average 236 for noncompliance with wireless-equipment law or regulations 425 for repairs, supplies, etc 460 head tax to constitute 301 of seamen 74 to secure penalty for violation of health reg- ulations 291,292 tolls for passage through St. Marys Falls Canal to constitute 178 Life, negligence resulting in loss of, offense and punishment 470 Life buoys, specifications and number 145 Lifo jackets, specifications and number 144 See also Life buoys; Lifeboats; Life-saving appliances. Life rafts. See Lifeboats. Lifeboat men, certificated, assignment to boats 142 qualifications 143 Lifeboats, capacity determinations 133-136 davits for 137-139 equipment 136 manning 138, 142, 143 marking of capacity 136 number and capacity, minimum 139 standard types 128 specifications 129-135 Life-saving apparatus, requirements as to 102, 117, 126, 128-145, 154, 352, 421 Life-saving medals 440 Life-Saving Service. See Coast Guard. Light and air spaces, exempt from measure- ment 30 for steerage passengers 162 Lighthouse districts, number and control over 514 Lighthouse Service. See Bureau of Light- houses. Lighthouse inspectors, appointment, duties, and salaries 514 Lighthouse keepers, salaries 515 Lighthouses. See Burc.au of Lighthouses; Public works. Light vessels. See Bureau of Lighthouses. Light money 17, 173 : ;, in Philippine . liarliors 269 not to be documented 19 Lights, display of false 474 interference with range 399 on bridges, dams, etc 402,405 on vessels, Great Lakes and trilmt:; high seas inland waters motor boats 351-353 western rivers working on obstructions to navigation. 369, 376 on wrecks or obstructions 397 Lime juice required on vessels 107 Page. Limit of time for unlading 222 Limitations upon expenditures of public moneys 520 See also Statute of limitations. Liquid fuel, use of 149,150 Liquors, adulterated, prohibited 342 entry of 204 vessel with 200 manifest of, in coasting trade 252, 253,254,255,256,257 on Great Lakes vessel 247 sale prohibited in Alaska 274 sale to Pacific islanders 446 unlading of 223 Live-oak timber, restriction upon clearances of 183 Live stock, and products of, interstate and foreign trade regulations 331 liability in transportation of 1 13 transportation on passenger vessels 165 See also Adulterated products. Loading safety valve forbidden 126 Local inspectors, appeal from decisions of 118 authority over motor-boat operators 353 duties respecting certificates issued to able seamen 98 fee schedule 522 licenses by, to carry gunpowder 148 qualifications and duties 100, 118,156,157,498-501 supervising inspector to report negligence of 156 See also Inspection; Supervising inspectors. Lock tolls, exemptions 399 Lodgers, soliciting seamen 82 Log books, offenses of seamen to be entered in 87 requirements as to 108,109 Logs, floating of loose 411 Long Island, N. Y., coasting trade 257 Long Island Sound, dumping in 419, 420 Loss, of license 47 of register 41 See also Liability. Lost vessel, report of 324 Louisiana, establishment of subports in 534 Louisville, Ky., merchandise destined for... 211 Machinery for repairing vessels exempt from duty 237 See also Inspection; Steamboat-Inspection Service. MadNon, Ind., merchandise destined for 211 Mail service, ocean 16,317 Manhole for externally-fired boilers 125 Manifest , Alaskan and insular trade 182,269 alien arrivalstind departures 307 coast ing I rade 252-256 licen 256 1 touching at foreign ports 250 comparison of cargo and 208, 216,223 .enii-nl bet ween cargo and 208,216,223 ferryboat exempt from 203 filing, in Great Lakes trade 248,249 foreign vessel on coasting voyage 259 inspection of 208,216,327 ALPHABETICAL INDEX. 569 Pago. Manifest, inward, general provisions concern- ing 207 special, for Treasury Department 200 vessel on Great Lakes 243 oath and filing to obtain clearance 180 out ward 180, 181 passenger 154, 166,307 post entry to 223 Philippine trade 269 railroad ami other cars exempt from 228 Manning, agreement between master and sea- men 63, 65 apprent ices 62 certificated lifeboat men M:> citizenship of officers 32,44,54,120 competency of crew 97-99, 121, 122 engaging seamen in foreign ports 65 lifeboats 138, 142, 143 See also Seaman; Undermanning. Manslaughter, offense and punishment 469 Manua, manifests in trade with 182 money equivalents in 270 See also Insular territory. Manuals. See Charts. Maps. Sec Charts. Marine Conference, International, reconven- ing of delegates to 367 Marine disasters, report of 157,324 Marine documents. See Documents. Marine-Hospital Service. See Public Health Service. Marine hospitals, how supported, and who entitled to relief 93,94,328 sale and lease of 502 Marine parades, supervision 394 Mariner. See Seaman. Maritime liens. See Lien. Maritime offenses. See Crimes. Marooning, offense and punishment 473 Marriage, entry in log book 109 Marten hunting in Alaska 283 Master, acting as pilot 58 agreement with seaman in foreign trade 63 before consuls hi foreign ports 65, 66 arbitration of disputes before shipping com- missioner 81 assistance to destitute seamen 82 authority to incur liability for repairs, sup- plies, etc 460 bond to secure duties 203 care and disposition of effects of deceased certificate of discharge to be made and signed by 75 change of 38, 49, 51 , 58 definition of 59, 198, 480 duties on entry of vessel 199-236 duties respecting persons in danger 462 engagement of seamen in coasting, fishing, or near-by foreign trade 64,68,69 examination for color blindness 55 may recover penalty from owner 108 may ship seamen 62 must allow seamen to go ashore to com- plain 106 must conform to requirements of inspectors. 119 Pi*. Masters, must, procure substitutes for desert- ing and injured seamen 05 oath of cit i/.enship 34 oat h of mail delivery on entry 320,321 oath on change of t rade 43 oath to crew list (50 oat h to secure enrollment 43 oaths, no release from 197 quarters, deducted from gross tonnage 29 removal by owner 58 report and declaration on arrival at port... 199 responsibility concerning apprent ices 62 sailing without wireless equipment, lia- bility 42.1 statement of consular services to be sur- rendered to collector 185 summary trial of 429 to countersign certificate of measurement . . 23 to exhibit laws on steam vessel 156 to explain deficiency in crew 121 to keep list of passengers 154 to keep weights and measures 107 to maintain discipline and cleanliness in steerage 164 to provide for inspection of seaworthiness. 102-104 to provide space for passengers 159-161 to report delivery of mail on entry 320 See also Licensed officers; Licenses; Pen- alty; Shipping articles. Mate, acting as pilot 58 examination for color blindness 55 number required on vessels 121, 122 See also Licensed officers; Licenses. Mayhem, offense and punishment 470 Measurement of merchandise. Sec Merchan- dise. Measurement of vessels, general provisions re- lating to methods, deductions, etc 23-32 appendix to certificate of registry 31 certificate of, form of 23 penalty for false 52,53 Executive order suspending, in certain cases 32 fees 31 foreign vessel 32 new, not required of vessels measured prior to April 1, 1895 31 regulations for enforcing law 31 sufficiency of prior 19, 23 vessels under 20 tons 19 vessels exempt from 32 Measures to be kept on board 107 Measures. See Customs officers. Meat products, interstate and foreign trade regulations 331 Medals, life-saving 440 Medical attendance on steerage passengers. . . 163 Medical examination of immigrants 310 Medical officers, fees and duties 291 See also Public Health Service. Medicine chests required on vessels 107 Mediterranean passport, deposit with con- sular officer in foreign port 186 forgery of 52 Mediterranean Sea, lights on fishing vessels . . 358 570 NAVIGATION LAWS OF THE UNITED STATES. Page. Memphis, Term., merchandise destined for.. 211 Mentally defective immigrants prohibited . . 302, 306 Merchandise, admission of Spanish, into Philippines 268 Alaska, special crimes relating to 276 bill of lading for 113 bond of, for reexport 201 bonded, unlawful removal 226 bonded warehouses, shipments from, to Philippines 273 Canada or Mexico, transit through 228 Canal Zone, imports into 457 coasting laws, forfeiture for violation of. 242,258,261 coastwise transportation of foreign 251 comparison with manifest 208, 216, 223 day, unlading by, required 219 definition 198 delivery in various districts 202 discharge of cargo destined " for orders "... 207 discharge on Great Lakes 250 discriminating duties 179 discriminations against American 17f>-17 ( .) entry of, general provisions 198-236 at special ports 210 for different port of destination 21 5 on Lake Champlain 251 express packages 234 fraudulent importation 233 frontier commerce 242 inspection of 244 Guam, shipments on Army transports 462 immediate delivery 229 immediate exportation to foreign ports . . 258, 275 immediate transportation 229 list of ports of 229,231,532 inspection, for export 202 inspector of customs to accompany. . . 212, 213, 220 lading and unlading 216,217,219 See also Unlading. liability for loss of 110 lien for freight or general average 236 manifest, in coasting trade 252-256 inward 207 on Giv.it Lukes 243 post entry to 223 outward, on Great Lakes 248 railroad cars or vchiclesexcmpt from fees. 228 'Is touching at foreign ports 250 night, lading or unlading by 217 procedure on seizures 189, 464 recovery of sunken 238 removal for quarant in>, purposes 297 salvage of 233 sealing by night 221 Seizure by Treasury official, authorized.. Iss, ivi seizure in Alaska 277 smuggling, compensation for detecting... 193,194 r of duty-paid, for export 202 ' in Alaskan and front icr trade 246 transit in bond through Alaska and Canada. 276 transit , inspect ion in foreign contiguous ter- ritory 518 transportation in bond 226 to special ports 227 unlading 216-226 unlading, by night 217-219,249 Merchandise, cargo in bulk 201 confined to ports of entry 199 limit of time 222 liquors 223 on Great Lakes 249,250 returns of 224 supervision 220 vessel in distress 216,217,224 vessel obstructed by ice 225 unlawful removal of bonded 226 See also Cargo; Crimes; Health; Penalty; Piracy; Wrecks. Merchant cruisers 318 Merchant seaman. See Seaman. Merchant vessel. See Vessel. Meridians, adoption of 398 Metlakahtla Indian, eligibility as officer of vessel 54 Mexico, bonded merchandise in transit to or through 227,228 record of alien departures for 307 See also Contiguous countries. Military schools, aid to 441-143 Militia, enforcement of neutrality laws by. . . 436 exemptions from duty in 59 Naval, aid to 443 Mines, protection of submarine 446 Minister not contract laborer 304 Mink hunting in Alaska 283 Minors, immigration limited 303 Mississippi River, army engineers as light- house inspectors 515 coasting law concerning 256 crew accommodations on 28, 29 inspection of boilers on 123 ports for entry of foreign merchandise 211 protection of passes 418 See also Western rivers. Mil igat ion of penalty. Sec Remission. Moieties to informers prohibited 193 Money, equivalent rates in Philippines, Guam, Tutuila, and Manua 270 vessels required tocarry 182 Moorings, injury to 474 Mortgage of vessel 40 Mother of deceased life saver, pension 510 Motive, power, liquid fuel for 149,150 Motor boats, classification, inspection, equip- ment, and naviiration 117,351-352 imported for temporary use, duty 239 transportation of fuel for 1 19 use in enforcing navigation laws 461 useas lifeboats 120,131,149 Scealvo Yachts. Motor vehicles on passenger vessels 119 Murder, olTense. and punishment 469,478 Munitions of war. ,S'< i War materials. Muster of crew for boat and fire drills 144 Muster of seamen on return to Tinted States. 66 -oil, i >ost ing 143 Mutiny,ofTcnseand punishment 473 Mutual release, master or owner and seaman. 74 "N i 'f vessel, change of 22,51 where and how to be displayed 21 Naos Island, possession authorized 447 A I I'M M'.KTICAL IKDKX. 571 Nashville, TOTIII., merchandise destined for.. 'Jll Natchez, Miss., merchandise dost ined for 212 N;i(ur;ili/:itioii of aliens 316 Nat urali/.at ion of seamen 60 Nautical Almanac, print inland distribution. 397 Nautical hooks. ,s',c Charts. Nuatical instruction -lll-UH Nautical purposes, meridian for 398 Naval cruisers, auxiliary 318 Naval Militia, aid to 443 Naval olliccr. Sec Navy. Naval officer of customs, duties of 37,48,490 Sec also Customs officers; Treasury. Naval vessels. S(c Public vessels. Navigation, aids to 396-400 Philippine Islands 273 Porto R ico 266 private 401, 516 See o/.s'o liureau of Light-Houses. application of laws to Alaska 274 canal 417 obstructions to 396, 401 powers and duties of Bureau of 486-188 Navigation laws, motor boats for enforcing. . 461 Navy, auxiliary cruisers in 318 ncutralil y laws enforced by 436 officers of, assignment to lighthouse dis- tricts 514 coast surveying by 519 complaints by crew to : 105 designation as supervisor of New York Harb or 423 detail to schools 442,443 may act as consuls 241 service on mail steamers 319 ration 445 seal fisheries law enforced by 289, 290 transportation of supplies for 458 See also Public vessels; Secretary of the Navy. Neat cattle. See Live stock. Negligence, etc., resulting in death, offense and punishment 470 Net tonnage, definition 24, 31 how determined 27 to be marked on main beam 31 Neutrality, offenses against 434 New Albany, Ind., merchandise destined for. 211 New Brunswick. See British North America. New Jersey, transit of merchandise across 214 New Orleans, departure of vessel for Natchez or Vicksburg from, without customs officer 212 merchandise for ports on Mississippi River and tributaries entered at 211 New River, N. C., vessels documented at Wil- mington 49 New York Harbor, special laws for protection of 419 Newcastle, Me., merchandise destined for 213 Newfoundland, citizens of, exempt from head tax 301 engagement of seamen in trade with 63, 68 See also British North America. Niagara River, rule of the road on 382, 387 Night, lading or unlading by 217 on Great Lakes. . . 249 Page. Nitroglycorin. Sir K\pl,, Xon. 'on! imioiis 1erri!onr,. S,, Insular terri- tory; H/.VO A ii, etc. Norihern, etc., frontiers. See Canada; Great I. ;il, Notes and bonds, I'niied ds re- quired to cany 182 Notice of \ aluable shipment, shipper must give HO Nova Scolh. Sic British North An Canada. Number, official, of vessel 21 Oaths, officials authorized to administer 206, 217,219,502,505,520 < Hist ruct ions to navi^at ion N6, -in| See o/.vo New York Harbor. Ocean mail service 317 Offenses, log-book ent ries of 108 penalties for undefined 472 See also Crimes; Penalty. Officer, licensed. See Licensed officers. official number of vessel 21 Ogdensburg, tolls for passengers and freight landed at, via St . Marys Falls Canal.. . 178 Okhotsk, seal hunting in sea of 27s, 2X) Omaha, Nebr., merchandise destined for 211 Onslow County, N. C., vessels documented at Wilmington 49 Open vessels, tonnage, how determined 27 Operators, license for motor-boat 353 radio apparatus. See Radio communica- tion. Opium, import restrictions 346-349 sale to Pacific Islanders 446 See also Cocaine. " Orders," time limit for unlading cargo for. . 222 vessel or cargo destined for 207 Oregon, jurisdiction over offenses in Alaska. . 282, 288,289 Organic act, Department of Commerce 482 remission of penalty incurred in 330 Otter hunt ing in A laska 283 Otter Island, Alaska, reservation 275 Overtaken or overtaking vessel. See Lights on vessels; Steering rules. Owner, arbitration of disputes before shipping commissioner 81 Owner, change of 3S, 39, 48 definition 59 liabilit y of 108, 110, 157, 395 may ship seamen, when 62 must be citizen 15 alien resident may own steamboat 18 noncompliance of, with inspection laws 157 oath, on registry of vessel 33 to secure enrollment and license 43, 47 oaths, exemption from 197 offense of, resulting in loss of life 470 offenses against, by seamen 86-89 port of 34 removal of master by 58 to countersign certificate of measurement. . . 23 to obtain copy of shipping articles 67 See also Corporation. Ownership, oath of, on entrance 184 Oyster vessel. See Fishing vessels. 572 NAVIGATION LAWS OF THE UNITED STATES. Page. Pacific Islanders, sale of arms, liquors, etc., to. 446 Pacific Ocean, seal fisheries 278-284 Paddle vessel, deductions for propelling power 30 Paducah, Ky., merchandise destined for 211 Palatka, Fla., merchandise destined for 210 Panama, coasting trade via Isthmus of 518 Panama Canal, act 447-457 boundary of Canal Zone 447 claims for damage to vessels, cargo, or pas- sengers 450 dry docks, etc. , establishment 450 government and control 448, 451 jurisdiction over traffic by Interstate Com- merce Commission in certain cases. . . 454-456 tolls for vessels 449 for passengers 450 See also Canal Zone. Papers, summons to produce 195 Parades, supervision over marine 397 Parkersburg, W. Va., merchandise destined for 211 Passenger act of 1882 159 Passengers, accommodations for 159 inspection of. 100, 167 additional, permitted for excursions 154 counting on excursion boats 461 deaths of 167 discrimination against American, on Cana- dian canals 177 foreign vessel transporting, between Ameri- can ports 258 liability for damage sustained by 157 manifest of 154, 166, 307 permit to land, on Great Lakes 250 rate of toll, Panama Canal 450 t ransfer from A laska and Canada 246 See also Baggage; Health. Passes of Mississippi River, protection 418 Passing vessels. See Lights on vessels; Steer- ing rules. Passports, limitat ion upon use of 302 to foreign-going vessel 186 Pauper immigrants prohibited 302 Pelagic sealing. Sec Alaska; Seals. Penalty, abandonment of seamen 473 accommodations. See Crew; Inspectors. adulterated products, trade in 342-345 See also Live stock, agreement. See Shipping articles. aids to navigai ion, unlawful private 516 Alaska, alien fish ing in 289 procedure for remission of , in 275 special crimes 276 unlawful salmon fishing in 285,288,289 unlawful (ransfer of passengers or mer- chandise from 216 alien Ashing in Alaska allotment law, violat ions 7\ 7'.) American products, discrimination against. 177 apprenticeship law, violation 63 appropriations, expend it tires in excess of. . . 521 arson 171 assault 469 assault of officer by seaman 87 Page. Penalty, assistance to Treasury official in search or seizure of vessel or cargo, fail- ure to render 189 baggage, smuggling goods in 206 barge, navigat ins,' without inspection, etc ... 102 barratry 473 bill of lading, refusal to issue 113 boarding. See customs officers; vessel. boiler plate, counterfeiting stamp on 124 boilers, construction of defective .- 123 bonded merchandise. See merchandise. breaches of duty by seaman 86-89 bridges, violating act regulating 402 British North America. See Canada; frontiers. cables, injury to submarine 479-481 Canada, landing merchandise exported to. . 228 unlawful transfer of passengers or mer- chandise from 246 See also frontiers, cargo. See merchandise. cattle on passenger vessels, carrying 165 certificate, altering 58 failure to deliver up temporary 35,36 change. See master; trade. citizenship, false oath of 34 claim, abatement or compromise of 197 clearance, departure of vessel without ob- taining 180 See also coasting trade. clothing, detention of seaman's 79, 80 failure to provide slop chest of 107 coasting laws, evasion on frontiers 242 procedure for violation of 261 specified offenses and penalt ies 260 coasting trade, foreign tug towing in 259 violating entry or clearance provisions. . 253-258 coasting voyage, foreign vessel on 259 collisions, failure to stay by in cases of 350 violating rules to prevent 367,388,393.394 Columbia River, failure to observe formal- it ies on entering or leaving 215 consular sen-ices, failure to surrender state- ment of. 185 corporal punishment of seaman 89 cotton shipped in violation of law 148 counterfeiting stamp on boiler plate 124 crew, accommodations, defective 28,108 on Mississippi Rivor steamboats, in- sufficient damaging or endangering, by master or seaman 88 failure to explain deficiency 121 ill treatment of 472 crew list , failure to observe laws relating to. 67 crimping 78 customhouse brokers, abuse of license 461 customs officers, interference with 188, 189,221,244,245 offenses of 192, 492-494 customs official in search or seizure of or cargo, failure to render assistance to. 189 damaging or endanpering cargo, vessel, passengers, or crew by master or sea- man... 88 ALPHABETICAL INDEX. 573 Fife, Penalty, dams, violating not regulating in;,, KM; death of passenger, failure to pay for lf>7 death resulting from negligence, etc .170 deck room, failure to provide | 1C, desertion. ,<',, seaman. depart ure, illegal ISO, 21 L>, _! C> deposit, marine papers, failure to 185,186 detent ion of seaman's clothing so discrimination against American products.. 177 disobedience of seaman \7 disposit ion of proceeds of 193 disi sel. documents, master proceeding on voyage without necessary 68 offenses against laws relating to... 52,53,185,186 drawbridge regulations, violating 415 drunkenness 88 dumping into navigable waters.. 409,410,412,418 duty, breaches of, by seaman 86-89 etl'ecis, failure of master to turn over sea- man's 88 employment of unlicensed officer 56 engagement of seamen. See shipping articles. enrollment, failure to exhibit 50 Sec also trade. entry, failure of master to observe formali- ties relating to 199,200,203-205,209,214 master going to port of delivery before 199 See also coasting trade. expend itures in excess of appropriations,etc. 521 explosives, defective packing of 150-151 illegal transportation of 151, 152, 156, 165 shipping without notice Ill failure to join vessel 87 false swearing. Sec perjury. fastenings of inspector, interfering with 221, 244,245 fees, receiving illegal shipping 61 fishing, unlawful 285, 288, 289, 459 flogging seaman 89 food products. See adulterated products; live stock. forecastle, storing goods or stores in 28 foreign port, failure to deposit marine pa- . persin 186 violating shipping law in 66 foreign tug towing in coasting trade 259 foreign vessels carrying passengers between American ports 258 coasting voyages by 259 illegally bringing imports 178 forgery 472 forgery by licensed officer 58 frontiers, evasion of coasting laws on 242 interference with customs inspection or seals 244, 245 See also Canada; Mexico. Government officer sharing with informer. 194 Great Lakes, failure to report, make entry, and pay duties on equipment and re- pairs of vessels on 246, 247, 248 unlading by night without permit 249 violation of provisions governing trade on 247, 250 gunpowder. See explosives. Penalty, harbor defenses, trespass or injury . . -1 m health regnlat ions, violat ion . .>%, aw home port of vessel not properly displayed. 21 immigration laws, olFenscs against 304-300, 11,312,314,315 imports. Sit- merchandise. inllammables. ,S,< explosives. informer, (iovernment ollicer sharing with. 194 injury to Panama Canal 453 inspection, refusal to permit 103 inspection laws, failure of collectors to en- force 158 navigating vessel without complying with 102, 158 inspectors, accompanying vessel or mer- chandise, delinquencies 220,221 hull or boiler, failure to comply with re- quirements of 120 unlawful acts of 501 unlawfully exercising functions of 499 interference with customs 221, 244, 245 refusal to furnish accommodations for 221 join vessel, failure to 87 Lake Michigan, dumping refuse in 410 landing. See merchandise; unlading. larceny 471 lavatory accommodations, failure to pro- vide 29 laws, failure to exhibit on steam vessel 156 libel to recover 193 license, altering 58 employment of officer without 56 failure to exhibit 50 failure to surrender 46 false swearing to secure 44 life-saving equipment , defective 146 Inadequate 145 liquors, illegal unlading 223 live stock and food products, violating in- . terstate and foreign trade regulations. . 331, 333,334,337-341 lodgers, soliciting 82 log books , violating provisions concerning. . 109 logs, unlawfully floating 411 mail service, delays and irregularities 319, 320,321,322 manifest , d isagreement between cargo and . 223 failure to deliver, at special port of de- livery 212 in frontier trade 243 vessel w ith incomplete inward 208 violation of law concerning production, copies, and indorsements 209 manslaughter 469 marine documents. See documents, marine hospital, failure of officers of to ren- der account to collector 94 marooning 473 master, failure to report change of 40,48 See also name or nature of offense. mayhem 470 measurement, false 33 measures on board, failure to provide 107 medicines on board, failure to provide 107 merchandise, damaging or endangering 87, 88 failure to deliver permit to transport... 214,215 574 NAVIGATION LAWS OF THE UNITED STATES. Page. Penalty, merchandise, failure to render assist- ance to Treasury official in search or seizure of 189 failure to transport bonded, in timelimit. 226 fraudulent importation of 233 landing, exported to British North Amer- ica 228 unlawful removal of bonded 226 unlawful 1 ransfer from Alaska or Canada. 246 See also liquors; unlading, merchant marine, procedure for enforcing penalty under acts relating to 89 Mexico , landing merchand ise exported to . . 228 miscellaneous olTenses 472 Mississippi River passes, violating regula- tions for protection 418 moieties prohibited 493 motor-bout law , violation 353 murder 469 mutiny 473 name of vessel not properly displayed 21, 22 Natchez, departure of vessel from New Orleans for, without customs officer 212 neutral ity laws, violation 434, 435 New Orleans, departure of vessel from, for Natchez or Vicksburg without cus- toms officer 212 New York Harbor, violating law for pro- tection of 419-423 oath of citizenship, false 34 oath of ownership, refusal to make 184 obstructing navigation 408, 409, 412, 414, 415 officer, employment of unlicensed 56 official number not legally carved or marked 21 opium, unlawful importation or sale 346, 347,348,349 overloading with passengers 153, 159 owner. See name or nature of offense. ownership, refusal to make oath of 184 Pacific Islanders, selling prohibited arti- cles to 446 passenger, failure to pay for death of 167 passenger bar^e, failure to equip 148 passenger vessel, carrying cattle or ex- plosives on 165 overloading 153, 159 airying too many 1 .":;. I.V.I dan. i inhering 87,88 failure to keep list or count 154 forvj ryiiiLT, between Ameri- can ports 258 receiving, on uncerti Heated steamer 156 unlawful transfer from Alaska or Canada. 246 passport, failure to procure 186 pela^' i 281 perjury by owner, master, or agent 34,36 petroleum, illegal transportation of I.'.! 476-478 plundering vessel or cargo 474 Potomac River, dumping in 41S it, violating retaliatory proclama- tions Of 17.-,, 17*1, 177 Pribilof Islands, unlawful presence on J7; procedure for enforcing 89, 192,261 Page. Penalty, proceeds from, disposition 193 See also Remission. products of the United States, discrimina- tion against 177 prostitution , practicing , etc 304 provisions , neglect to provide 105 public works, trespass or injury 446 quarantine. See Health regulations. radio communication without license 426, 432 range lights , interference with 399 rape 470 regatta regulations, violation 395 register, failure to surrender 35, 38, 39, 42 See also License; Trade, remission. See Remission, repairs. See Great Lakes, return of marine papers, violating law con- cerning 185 revenue cutter, unlawfully carrying ensign or pennant of 327 revenue law, failure of collector to report violation to district attorney 192 robbery 471 rules of the road , violating ... 350, 367, 388, 393, 394 safety valve, loading 126 Saint Marys Falls Canal. See Toll regula- tions. Saint Marys River, violating rules of the road 394 salmon fishing in Alaska, offenses con- nected with 285,288,289 saloon stores. See Great Lakes, sea stores. See Great Lakes. seal fishing, offenses connected with 281, 282,283,284,288,289 seahof customs officer, interference with. . . 189, 221,244,245 seaman, abandonment of 473 corporal punishment of 89 detention of clothing of 80 failure of master to care for effects of deceased 84, 85 failure of shipping commissioner to properly account for wages and effects of deceased 86 failure to provide warm room and cloth- ing for los olTenses connected with discharge of. . 72,73,74 offenses of (assault, breach of duty, damaging vetance to Treasury offi- cial in 189 sci 1 in t ion 470 ire. See Search. shanghai ing and other illegal shipments... 61 sheath knife, failure of master to prohibit wearing 89 'ing 89 shipments of seamen, illegal 61 S3 ALPHABETICAL 1 N PF.X. 575 Page. Penalty, shipping artii les, failure to post 64 shipping sr.nnan without 65,69 violations of 70.71 shippr :t>uer, unlawful charge 61 shipping fc-s, r.ieiving illegal 61 shipping law, violation in foreign port 66 slop chest , failure 1o provide 107 smuggling by seaman 87 smuggling goods in baggage 206 solicit ing lodg.T- 82 sponge fishing, unlawful 459 stamp on boiler plate, counterfeiting !-."> stay by in case of collision, failure to 350 steerage law, noncompliance with 1 '>-', 163, 164, 165, 168 steerage passengers, overloading with 159 stolen property , receiving 471 submarine cables, injury to 47'.) 4M temporary certificate, failure to deliver up. . 35, 36 time limit. See Merchandise. toll regulations governing passage through St. Marys Falls Canal, violation 178 towing, foreign tug, in coasting trade 259 towing regulations, violation 102 trade, failure of master to surrender reg- ister or enrollment on change of 43 transfer of passengers or merchandise from Alaska or Canada, unlawful 246 transportation in bond. See Merchandise.. tug, foreign, towing in coasting trade 259 undermanning of vessel 99, 121 rnited States, discrimination against products of 177 unlading, unlawful 216, 217, 219, 220, 222, 225, 242, 249 unlicensed officer, employment of 56 vessel, departure without obtaining clear- ance 180 failure to render assistance to Treasury official in search or seizure of 189 illegal unlading of distressed 225 transfer to alien, change of trade, or having forged or altered license 260 undermanning 99, 121 unseaworthy , sending to sea 100 violation of boarding regulations 166, 187 wireless equipment, failure to provide. 424,425 See also Damaging; Passenger vessels. Yicksburg, departure of vessel from New Orleans for, without customs officer. . . 212 wages, failure to pay seaman's, when due.. 7t> watchmen on vessels, failure to provide 147 water, neglect to provide 105 weights on board , failure to provide 107 wireless equipment, sailing with insuffi- cient 424,425 wrecks, violating provisions concerning... 324 yacht engaging in trade 20 See also Crimes; Forfeiture; Summary trials. Pensions to licensed officers 56 Perico Island , possession authorized 447 Perishable property, disposition of seizures of 191 92075 15 37 Page. Porjury, licensed officer 58 ire, registry 1 . Sn n I so Penalty. Pi-rmit to lade or unlade, at night 217 Permit to touch at foreign pi.rts Petersburg, Ya., clearance from iM.'i merchandise, destined for 212 Petroleum, transport at ion of 148 use as fuel J.ii) Sit nixn K\ plosives. Philippine Commission, ratification of cre- ation of 261 Philippine Islands, administration of iinmi- grat ion laws 31f aid to nautical schools ill collector of customs authorized to issue provisional certificates of registry 10 destitute seaman in 8'J dut ies on imports 270-271 radio-communicat ion act not applicable to . 433 registered foreign-built vessels may engage in trade 16 special provisions concerning 155, 268 See also Insular territory. Physically defective immigrants prohibited . 302, 300 Piers obstructing navigation 407, 414 See also Public works. Pierheads on northern and northwestern lakes, marking 397 Pilot boat, exempt from forecastle Ir^vr 28 See also Lights on vessels. Pilot-house signals 146 Pilot laws, general 169 Pilot rules. See Rules of the ro&tf. Pilotage rates, discrimination forbidden 169 Pilots, apprentices to be admitted to pilot houses by 157 examination for color biiudness 55 exempt from militia c!uty 59 general laws 169 masters or mates acting as 58 supervision over Hawaiian 263 See also Licensed officers; Licenses, officers'. Piracy, crimes deorued , and laws to suppress. . 476 Pittsburgh, Pa. ? merchandise destined for. ... 21 1 Place of registry 34 Place of trial fcr Federal offenses 468 Plague. See Health. Platform cars, immediate transportation of merchandise on 230 Plea, general issue, by revenue agent 1 89 Pleasure boats. Sec Motor boats; Yachts. Pleuropneumonia. See Live stock. Plundering vessel or cargo 474 Political offense of immigrant 303 Polygamous immigrant prohibited 303 Poop, method of measuring 26 Porcupine River, transshipment of merchan- dise on 258 Pork. See Live stock; Meat products. Port Jefferson, X. Y., merchandise destined for 213 vessel may be documented at 49 Portland, Ore?., clearance from 215 merchandise destined for ... 213 576 NAVIGATION LAWS OF THE UNITED STATES. Porto Rico, destitute seaman in 82 establishment of ports and subports in 534 manifests in trade with 182 merchandise exempt from internal-revenue tax 265 special provisions concerning 265 See also Insular territory. Ports, clearance at special 215 definition 21,34, 198 entry of merchandise at special 210 immediate transportat ion 229, 231 , 532, 533 list of customs 527 of delivery, list of 527 ports of entry are also 199 vessels may be documented at 49 of entry, entrance only at 199 list of ." 527 vessels bound for ports of delivery to re- port first at 199 power to designate 533 transportation of bonded merchandise to special 227 See also Foreign ports; Home port. Posse comitatus, right of Treasury official to call 189- Post entry of merchandise, for export 202 to inward manifest 223 to outward manifest 180 Postal subsidy act 317 Posting notice of trial. See Procedure. Posting of dumping regulations 409 Posting of health regulations 293 Posting of immigration laws by steamship companies 315 Posting of muster roll 143 Posting of passenger act 165 Postmaster General, ocean mail contracts by 16, 317, 322, 323 Post Office Department. See Ocean mail service. Potomac River, obstructions in 417 Preliminary entry and unlading 217 president of the United States, authority or direction to, concerning adulterated food products 343 Alaska, transit of merchandise in bond through 276 Hrit ish North America, trade with 251 Canal Zone 448 t-it izonship of officers of vessels 32, 54, 120 Coast and Geodetic Survey 518 export of munitions of war 437, 446 foreign mails 322, 323 Great Lakes-Atlantic Canal Commission. . . 458 Great Lakes water levels, commission to determine 457 hospital sli ips 458 hospitals for seamen 93 immigration matters 302 international agreement relating to dan- gers to navigation jurisdiction over seamen 95 Light-House Service 514,515 live stock and its products, interstate and foreign trade in 335,339 measurement of vessels 32, 120 President of the United States, military schools, aid to -. 442, 443 neutrality laws 436 New York Harbor, supervisor of 423 Panama Canal 448-457 pelagic sealing 281. 282 Philippine Commission 268 Philippine Islands 269 tariff for 272. 273 piracy laws 47t>-478 Porto Rico 266 private property at sea, exemption from capture of 459 quarantine matters 292, 293, 295, 297 regattas and marine parades 394 retaliation against foreign vessels and products 175-179 revenue cutters Saint Marys Falls Canal, free passage through 177 tolls required 177 sealing laws 278-283 tonnage tax on foreign vessels 1 72, 1 73 vessels in distress and derelicts 396 war materials, export of 446 wrecks on Canadian border 325 See also, for appointing power, titles of heads of bureaus, etc. Pribilof Islands, reservation of 275 seal fisheries of 278-283,517 Prince Edward Island. See British North America. Privacy of steerage passengers 1 65 Private aids to navigation 516 Private property at sea, exemption from capture 459 Private signals, registration 398 Private use of revenue cutter :i2s Prize, may be registered 15 Procedure, enforcement of fines, penalties, and forfeitures. ... 89, 189, 192, 261, 296, 412, 464 in Canal Zone 452 proceedings other than criminal 195 remission of penal t y in Alaska 275 summary trials of offenders 466 violations of health regulations 291, 292, 296 Proceeds of fines, etc., disposition 193 Proclamation. See President. Products, discriminations against American. 177 Professional occupations, admission of im- migrants with 303,304 Propelling power, spaces for, exempt from measurement 29.30 Property, penalty for receiving stolen 471 Prostitutes, immigration forbidden 303,304 Provisions, allowance-; and requirements concerning 1 o.~> complaint of seaman 74 for steerage passengers 163 inspection of 102, 10:5. 1 1 1 1 legal scale, for seaman 92 seaman's right to, logins 7-"> See also Adulterated products; It at ion. Prussia, reciprocal arrangement regarding tonnage tax 1 72 Public charges, immigration'prohibited.... 213,302 ALPHABETICAL INDKX. 577 Public Health Service, .lot ail of surgeons on Coast Guard vessels :<2X fumigation of forecastles 29 inspect ion of immigrants by ollieers of . . . organization, powers, and duties 501 physician to serve as surveyor 103 quarantine regulations, authority respect- ing 90 Mi-alth. Public vessels, auxiliary naval cruisers 318 dot ail to schools and naval militia Ill-Ill exempt from out ry 303 1 igh t s on 301, 372, 378, 384, 391 piracy laws, enforcement of, by 470 regattas to be policed by 394 rules of the road on western rivers appli- cable to ,... 389 sponge-fishing laws, enforcement of, by 459 supplies for foreign Ill transportation of supplies for 4.~>,s i;j place of 31 Porto Rican vessels 205 provisional certificates 16 vessels admissible to 1 1 ' vessels not requiring 19 wrecks repaired in United States ship- yards 17 See also Certificate of registry; Procedure. Registry of immigrants :UO Remission of fines and penalties 17, 20,38, 44, 171, 191 , 1%, 197. 2 is, 275, 325, 329, 330, :. general provisions 329 procedure in Alaska 275 Removal of bonded merchandise, unlawful . . 220 Removal of cargo for quarant ine purposes 297 Removal of customhouse during epidemic. . . Removal of master by owner 58 Renewal. See Certificate of registry; Enroll- ment and license; Licensed officers; Licenses; Measurement of vessels. Repairs to vessels, lien on vessel 400 materials for, exempt from duty 2:;7 on Great Lakes, duties 217 Rescuing shipwrecked seamen, award for 111 Resist ing officer, penalty Retaliation for discriminat ions against Ameri- can vessels and products 175-1 79 Rovenue-Cutter Service. Sff Coast Ctiard. Revenue laws, appropriation for enforcement of, expenditure and report to Com libel to recover penalty for violation 193 moieties to informers prohibited I'.rj Scf a/so Procedure. Revenue officers. Sa Customs officers. Revenues, Philippine : Revised Statutes, table of, included In this compilation Revocation of certificate of inspect ion 101,119 Revocation of license, appeal from lls customhouse brokers 1>1 offenses justifying record of 500 Revolt. See Mutiny. Rhode Island coasting trade 257 NAVIGATION LAWS OF THE UNITED STATES. Page. Richmond, Va., clearance from 215 merchandise destined for 212 Rivers, improvement of, by private person, corporation, or municipality 401 navigation on 393 ownership of vessels on 18 See also Inland waters. Robbery, offense and punishment 471 Sec also Piracy. Round trip, engagement of seaman for 64, 66 Rules of the road 350 future consideration of 367 Great Lakes and St. Lawrence River, of 1895 382 inland, of 1897 367 international, of 1S97 353 lines limiting application of international and inland 378 Red River of the North and rivers empty- ing into the Gulf of Mexico, etc 388 See also Cables. Russia, treaty relating to pelagic sealing... 278-280 Sable hunting in Alaska 283 Safety valves, inspection 122, 123 loading forbidden 126 Sailing rules. See Steering rules. Sailing vessel. See Vessel. Sailor. See Seaman. Sails, space for storage of, deducted from gross tonnage 29 Saint Clair R iver, rule of the road on 382, 387 Saint George Island, Alaska, fur-seal fisher- ies 275, 278-290, 517 See also Alaska. Saint Joseph, Mo., mercliandise destined for . . 211 Saint Lawrence River. discrimination against American vessel passing through 177 rules of the road on 382,387 transshipment of morcliandi.se on 258 Saint Louis, Mo., mercliandise destined for.. 211 Saint Marys Falls ("anal, diversion of appro- priation for 458 free passage through, may be Abridged by President 177 toll for pa^eiigers and freight carried through 177, 17X navigal ion ruhs for. 3x2, 387,394 Saint Marys River ami ('anal, wrecks on 32.1 Saint Paul Island. Alaska, fur-seal fisher- ies 275, 278-290,517 See alx<> A i . Salaries. lighthouse. keeper; 515 Superintendent. r.a-i and Qeodeti-- 51'J Salt- of proper! y sei/.e-l by revenue oll'iccr 190 Seealso Merclundi-e; Seaman; V-- Salem County. X. .1., v.-^.-h documented at Caiinleii 4! Sal mon fishene, of Alaska Saloon stores on < h Salt, caru'o.lesiine'l "flKOfdfln" >pecial entry of limit for unlading Salvage, of nu-rchan .. 233 T. -mum-rat ion for 462 ;aii\ right in 74 Page. Samoa Islands, registered foreign-built vessels may engage in trade 15 Sanitation. See Health; Public Health Serv- ice. School ships for nautical schools 441 Schools, military and nautical 441-444 Scows. See Dumping; New York Harbor. Screw vessel , deductions for propelling power . 30 Scientific schools, naval details to 443 Sea, imports other than by, prohibition and exceptions 242 Sea and inland postage, when allowed 322 Sea letter, deposit with consular officer. . . . . 185, 186 oath of ownership on entry of vessel carry- ing " 184 passport to vessel carrying 186 vessels entitled to 52 Sea Lion Rock, reservation 275 Sea otter, hunting or killing forbidden 283 Sea stores, on Great Lakes vessel 246 rules as to entry 204, 205 Sea wall. See Public works. Seal, Department, required on registers 37 Seal agents, Alaska, appointment and duties. 517 Seal fisheries, Alaskan 275, 278-290, 517 killing of seals prohibited for 5 years 283 Seals, customs, on frontier '244 Seaman, abandonment of 473 able seaman, certificate of service 98 qualifications 98 accommodations on vessels 27-29, 108 agreement. See Shipping articles. apprentice law 62 arbitration of disputes SI attachment, wages and clothing exempt from 79 award for rescuing shipwrecked 441 citizenship and naturali/.at ion 60 on mail-carrying st earners 318 clothing, exempt from attachment 79 slop chest for, required 107 complaint, forfeiture for unfounded 103, 104 complaint regarding provisions, seaworthi- ness, or water 74, !(>:>, UV, conductof, entry in log nook in.s consuls to supervise shipments and dis- charges abroad 65,66,240 corporal punishment prohibited 89 crew list, formalities concerning 66,143 crimes of ami against. N' Penalty. cruelty, complaint of debt, sum recoverable for deceased, wages an. 1 e!Ve>-t.- 83-86 deduct ions from wages 7'2 deiinition rtko 83,87 : itute upon .le>ti!llte, sick, o! discharge in foreign trade consuls to siipen i-e abroad See also Discharge of seaman. disputes, arbitration of H i-IIVr i 83-86 entry of sale in log book 109 engagement. Sn Shipping articles. fees, witness 96 ALPHABETICAL I K 579 Seaman, fellow-servant clause not applicable forecast le law 27 compensat ion for violal ion of 2 s . Hawaii, enforcement of contract of, in 2''>l holidays, observance 97 hospitals for 93 hours of labor 97 ill treatment of 172 injured, substitute for 65 inspection of seaworthiness, may demand. 1(12,101 jurisdiction over American, abroad, and over foreign, in American ports 91 la vat ory acoonimodat ions 29 liability of Ill lien of 71 log book, entries in, atTect ing ins. lii'.i militia duty, exemption from 59 muster on return to "Tnited States 66 naturalization 60 papers of vessels relat ing to 67 penalties. See Penalty. period of engagement of 64 Philippines, shipping in 270 presence on board. 61 procedure for enforcing penalty and for- feiture under laws relating to 2 consuls to supervise, abroad 65, 66, 240 illegal 61 See also Shipping commissioners, shipping articles. See Shipping articles. shipwrecked, appropriation for rescuing 111 sick , disabled , and destitute, funds for. 73, 82, 90, 93 general provisions concerning 93 relief and protection 73, 75, 82 slop chest required 107 space in vessels 26-29, 108 special offenses and penalties (desertion, failure to join, disobedience, assault, damaging vessel, smuggling, etc.) 86-89 steerage, not to visit 165 substitute for deserting or injured 65 sum recoverable for debt wj summary trial of ji,r, Sunday observance 97 tobacco, blankets, and warm room for.. 107, los unseaworthiness, complairt of 71 wages. See Wages. water, complaint against ]o.~>, in witness fees See also Crew; Foreign seamen. , instruction in 4 11-4 H :i y olliciai Seaworthiiif 1(H) illiire. authority or direc- tion to, concerning adultera!M products, shipments of :U2 :>,\:, .I.- and foreign trade in live stock and food products iier I'.ureaii .;> of Commerce authority or direction to. concerning allotment schedule appendix to registers 31 arresK a-nd M-i/ures in Alaska 277 barges, towing regulat ions 102 boarding of vessels 1 firt, | s; boarding ollicer< 68 Bureau of Lighthouses ">1 2- .">!> certificates of inspect ion lid certificates of registry, 1 lank ;}7 changes of names of vessels 22 Coast and < le.odet ic Survey .",!: collisions, rules to prevent 3t>.:.. crew list crews of inspected steamers 121 documenting vessels at Cold Spring, Greenport , and Port J efferson, N . Y 49 documenting vessels for coasting and fishing trade 49 equipment of vessels.. J2I explosive cargoes its fees for readmeasurement s 31 fire-fighting apparatus 117 foreign documents 32 immediate exportation to foreign ports. 2.1s. 27: immigration matters. . 302,303,306-308,310-316 inflammable cargoes 1 1 s light-house sen-ice :> 1 2 ."> 1 r, lights on bridges, dams, etc 402, 406 manifests in Alaskan and insular trade. 1x2 motor-boat law, enforcement :;. navigation laws, enforcing 425 navigation on Great Lakes, etc officers of inspected steamers 121 pelagic sealing 2M penalty, remission or mitigation of 20, :i\ 14, 174, 191, 197, 275, 325, 329, :0. 85 petroleum, transportation of 1 1> 1 Tibilof Islands 275, 27s-2im. :. i 7 provisional cert ificates of registry i , pure-food law regattas and marine parades n-i.try of Porto Rican vessels remission or mitigation of fines, penal- ties, etc 38, 44, 174, 191, 197, 275, 325, 320, XV}. x;:\. :;'.>:, rules of the road Saint Marys Falls Canal Saint Marys River, navigation of ;'.;u'k . .n manufacturers' materials 239 expn 234, 235 forms for vessels on Great Lakes 250 health , public 291-300 immediate transportation of merchandise. 230,231 liens for freight or general average 236 life-saving medals 440 merchandise in transit 226,227,228 mitigation of penalty. See remission. navigation rules 394 atlleimpor oaths designation of persons to admin- 207 opium , import > 348 Philippine shipments L'7 1 I'nrln Kican IKcal atlairs 265 ports and subporis, designation of preliminary entry and unlading 217-219 Public Health Service 501 quarant ine and bills of health quarantine stations for livestock 334 nd wharfage in Alaska.. . 275 reciprocal privileges in trade with Brit Mi North America... 2 r d Secretary of the Treasury, authority or direc- tion to, concerning Continued. remission of fines, penalties, etc 191, 196, 197, 227,24s, 275. 329 revenue laws 191-197 salvage merchandise 233 services by consuls to vessels and seamen. . 241 special agents 516 tariff provisions directly relating to vessels 237-241 tea waste, imports 344 transit of merchandise in bond through Alaska 276 transit of merchandise and passengers from Alaska and frontier countries 246 transportation in bond 226, 227, 228 unlading and clearance of Great Lakes vessels 249 unlading at night 217-219 wrecked or lost vessel 324 Secretary of War, authority or direction to, concerning bridges, dams, improvements or obstruc- tions to navigation, public works, etc. 401-418 Guam, shipments of merchandise 462 harbor lines 407 maintenance of canals 399 Mississippi River passes 418 Porto Rican public works 267 Pribilof Islands 275 supervisor of New York Harbor 423 Securities, transportation of Government 182 Seduction, offense and punishment 470 Seizure of vessel or merchandise by Treasury officials 188, 189 disposition of property seized 189-191 exemption of vessel 192 legal procedure 4t>4-4G7 offenses in Alaska 277, 281, 282, 284, 288, 289 See also Penalty; Piracy; Procedure. Selma, Ala. , merchandise destined for 210 Separation from crew, entry in log book 109 Servant, domestic, not contract laborer 304 Services to Government, voluntary, pro- hibited .~,_>i) Shanghaiing, offense and penalty 61 Sheath knife, carrying, prohibited 88 Sheep. See Live stock. Shelter space, measurement exemption 26 Ship. See Y< Shipbuilding, instruction in 443 Shipbuilding materials, importation of 237,239 Shipping. Alaskan tax on 27.3 Shipping articles, arre^ of seamen to 64 coasting, fishing, or near-by foreign trad. foreign trade 63 form of 90 illegal shipments t. p-Tio.l of engagement 64 ngof Sliippi' illolinents by 79 appointment, powers, duties, and n sibiiiJi.--: 4SS arbitral io i before 81 .f effects of , by Crew KC) consuls to act in foreign ])orts 65 ( u loins otlicers to :u't in certain cases 61 discharge of seamen l>y 72,74 uut ii-s 60-64, 68 fees (is. owner, muster, or consignee may act HL',72 reeeh ing illegal fees 61 Shipwreck. See Seaman: \\reeks. Sick seaman. Stf Seaman. Signal stations. Sec Public works. Signals, registration of private 398 See also Distress, flood, fog, pilot-house, sound, storm, etc., signals. Singer not cont ract laborer 304 Sink ing vessel in A laska 276 Sites, Government jurisdiction over light- house, etc 515 Size of vessels in foreign trade 242 requiring license, enrollment, and registry. 260 See also names of documents. Skilled laborers. See Laborers. Sleeping quarters for steerage passengers 161 Slop chest, requirement concerning 107 Smallpox. See Health, Small vessels. See Fog, etc., signals; Lights on vessels. Smuggling, compensation for detecting 193, 194 definition 194 penalty for seaman's 87 Solicitation of bribes 234 Soliciting lodgers 82 Solicitor of the Treasury, notice to, of seizures. 192 Sound signals for passing steamers 366, 377 in fog, etc 362,372,385,391 See also Distress, etc., signals. Sounds. See Inland waters. South and Southwest Passes, Mississippi River, protection 418 Spain, reciprocal arrangement regarding ton- nage tax 173 Spanish vessel in distress 225 Spanish vessel, and merchandise, privilege in Philippines 268 Spans, bridge, obstructing navigation 413 Spar-deck, height under, how determined 24 Special agents, Treasury 516 Special inward manifest for Treasury De- partment 200 Special ports. See Ports. Special provisions for enrollment and license. 40 Speed of vessel, in fog 363,373 Secretary of War to regulate 417 Sponge fishing in Gulf of Mexico and Florida Straits 4.VJ, 460 Stairways on steam vessel 145 Stamps for boiler plate 123 Staterooms exempt from measurement 24 States, health laws, effect of 296 inducements by, to immigrants 305 inspection laws, effect of 182 offenses punishable by, committed on ter- ritory ceded to Government 472 pilots on waters forming boundaries of 169 Statute of limitations, offenses of seamen 90 Statutes, tables of, included in this volume... 539 Steam pressure in boiler- ]_>.{ Steam .i,-,l b\ in p, ,. !.'.{ Steam vessel, cert i'i ];,j definition of general pilot laws inspection of n;, i;,c, insertion of hulls ami equipment luo-liN licenses of officers on name to be marked Ji iigeract of Isx-j ; See also l>i ;tress, etc., signals; Lights Steering rule-; \ Steamboat, accommodations for crew on ippi River 'Js/jO ownership on river or bay is See also Vessel. Steamboat-Inspection Service, organization, powers, and duties 496 Steamship lines. See Transportation line . Steerage passenger, definition 1 59 See also immigrants. Steering gear, space for, exempt from meas- urement 29 Steering rules, Great Lakes and tributaries. . . 386 inland waters 374 international waters 363 western rivers 392 Stikine River trade Stolen property, penalty for receiving 471 Storage of sails, space for, deducted from gross tonnage 29 Stores. See Cargo. Storm signals, display of 398 Stowaways, officers of vessels not respon- sible for tj5 Submarine cables, protection of -179 Subports, authority to designate 533 list of :,_>7 Subsidy act, ocean-mail 317 Substantial compliance 198 Sugar, cargo destined "for orders" 216 manifest in coasting trade required on vessels 107 time limit for unlading 222 Summary trials of offenders 466 Summons duces tectim 195 Sunday, observance on vessels 97 Sunken merchandise, recovery Sunken vessel, marking and removing 410, 415 Superintendent, Coast and Geodetic Sur- vey, salary Supervising Inspector- General, complement of officers and crew, appeals to 121 powers and duties 490-501 rules to prevent collisions established by. to approve crew accommodations on Mis- sissippi River steamboats 29 towing regulations for barges to be pre- scribed by 102 Supervising inspectors, boiler specifications to be approved by 125 collisions, to establish rules to prevent 369, 1,990,3*8 decisions to be rc\ 118 dismanteled vessels, may exempt 101 duties relating to life-saving appliances. . 1 2s-l 45 equipment to be approved by 102, 120 582 NAVIGATION LAWS OF THE UNITED STATES. Page. Supervising inspectors, lights on rafts, etc., to prescribe 371 1 iglits on vessels, to regulate 383, 384, 390 navigation rules to be prescribed by 388 powers and duties 156, 496-501 secrecy regarding information 157 Supervisor of New York Harbor, duties... 419-423 Supplies for customs officers 495 Supplies for foreign war vessels 444 Supplies for Steamboat-Inspection Service. . . 500 Supplies of vessels exempt from customs and internal-revenue duties 238 purchase price a lien on vessel 460 Surgeon General of the Public Health Service, powers and duties 292, 294, 2%, 501 See also Public Health Service. Surrender of license 46 Surrender of register 37, 39, 40, 41 Survey of coast 518 Surveying stations. See Public works. Surveyors of customs, appointment of, to pass upon seaworthiness 103, 104 certificates of registry to be countersigned by 37 duties 48 falsifying measurement 52, 53 fees for services 50 may document vessels at ports of delivery .. 49 See also Customs officers; Treasury. Suspension of commerce because of epidemic . 295 Suspension of license, appeal from 118 offenses justifying 56-58, 395 record of 395 Swine. See Live stock. Tariff, Philippine 270 provisions directly relating to vessels 237 Taxes. See Duties? Fees; Head tax; Ton- nage tax. Tea, importation of inferior, prohibited 344 importation of waste, etc., for use in manu- facturing 344 Telegraph. See Cables. Temporary certificate of inspection 154 Temporary register 35 Texas fever. See Live stock. Theine, imports of tea waste for producing... 344 Thirty tons, vessels under, not to engage in foreign trade 242 Tide gauges. See Public works. Tillt-r ropes 146 Timber, flout ing of loose HI restriction upon clearances of live-oak 183 Time limit for unlading Tobacco for seamen 107 Tolls, i -1 449 passage through St. Marys Falls < 'anal 1 7s Secretary of War to prescribe i. ridge <)_' See also Fees. Ton, definition of Tonnage, definition of register 31 gross, how determine] 24 net, how determined Tonnage charges, consular 1 74 Tonnage deck, definition of Page. Tonnage tax, laws relating to 171-174 penal, foreign vessel in coasting trade 242. 243 registered foreign-built vessels, remitted... 17 States forbidden to levy 297 vessels exempt from 20, 204 vessels from Philippines yachts 20-21 Tools of trade, formalities upon entry 205 Torpedoes, protection of 446 Touch and trade, permit to fishing vessel 183 Touching at foreign ports 250 Tow, vessels in. See Fog signals; Lights on vessels. Towing vessels, inspection of 117 length of liawsers, etc 102 license to carry extra crew 153 on Great Lakes 250 Trade, change of 4.3, 260 See also Coasting trade; Foreign trade. Transfer, imported merchandise for export.. 202 sea stores and equipment between vessels of the same owner 20.5 Transit, merchandise in 227. 228 across New Jersey and Delaware 214 through Alaska and Canada 276 foreign mail through United States 322. 323 Transportation, immediate, of merchandise . . 229 bonded merchandise 226 to spocial ports 227 ports of immediate 229, 231. See also Merchandise. Transportation lines, agreement as to immi- gration matters 302, 313 inducements to immigrants by 305 posting by, of immigration laws, required . . 315 tax in Alaska 27 1 Transports, shipments to Guam on Army. . . Transshipment of merchandise. See Merchan- dise. Treasury Department, boarding and search of vessel by officer of 1ST. 188, 189 special agents of ,-,ir, special inward manifest for 200 plea of general issue by official of 189 proceeds of penalties, etc., to be paid into... 193 See also Customs officers. bringing of merchandise in foreign n'l'ulated by 17S relat ing to pelagic sealing L'7>~i < upon quarantine grounds 2!).~>,296,299 Trial, place of, for Federal olTensvs summary, of offenders Trunk shaft , deduct ion from gross tonnage. . . Tuberculous immigrants prohibited Tuirlmats, foreign, towing in coasting trade. . inspection of 117 on < . r imials; Lights on vessel-. Tut uila, legi>lat ion a fleet ing 1 s_>. j70 money equivalent* in i-d fop-ign-lniilt vi ssels may engage in trad- 1.") I In-i;lar territory. Twenty tons, li<-t-nse to ves-.-l under measurement of vessel under. . . 19 ALI'IIABKI HAL 1NDKX. Page. I'nauthori/.ed services to tiovernment ruder way, definition Undernianning 99, 121 .) Seaman. Underwriters, f nil id against -173 Undocumented vessels 1!) United Kingdom, abrogat ion of treaty with, concerning North Atlantic fisheri ^ 444 live-stock importations treaty relating to pelagic sealing United States, definition of United States commissioners, autlioi i/ < tax on 275 boarding by Treasury official 188 illegal 187 bound to port of delivery 199 breadth of, how determined 24 Canadian, President may retaliate against.. 176 cat tie, regulation of 331 change of name of 22, 51 change of trade of licensed 260 citizenship of builders, owners, and officers. 15, 18 clearance regulations 180-187, 269 collisions. See Collisions. compensation for carrying bullion, coin, notes, bonds, etc 183 consul's services to 240 crew 99, 120 customs laws directly relating to 188 definitions. See Definition. depth of hold, determination of 24 deposit of papers with consular officers 186 discriminating duties favoring United States 179 discrimination in foreign port against American 175 document s of 33 draft of, to be marked 22 enrolled and licensed 15-22 form of enrollment and license 44,45 in foreign trade 183 entrance regulations 180-187, 199, 269 excursion, counting passengers on 4C1 exemptions from certain charges 204 from entry 203 from libel for wages 7s from measurement 32 from seizure and forfeiture 192 fees, schedule of 522 fire apparatus 146 fog signals. See Fog signals. foreign-built, inspection of 115 See also Foreign vessels. forfeited, may be registered 15 forfeiture. Sec Penalty. height of, how determined 24 Vessel, holidays, observance '. 97 horn. 1 officers 122 i 97 hulls and equipment, inspection of KK) i in migrant. ,SV, I : inspector of< 210 len-th of, how determined 23 libel to reco\er p< nalty license, expirat ion of. while at sea 260 officers on sail .Vj 1 ice nsed officer-, < .f 54, 120, 121, 122 See H/.VO Licensed officers. liens, repairs, supplies, etc !f,o fine for sailing without wireless equip- ment 424 life-saving equipment 126 See also Coast Guard. lights. See Lights on vessels, limitations upon, bringing foreign products. 178 list of United States , pnbl icat ion live stock, regulation of transportation in.. 331 mail-carrying 317 manifest of licensed, in coasting trade manning 54, 99, 120 material for building and repairs exempt from duty 237-240 measurement of 23 foreign 32 medicines to be provided 107 mortgage and bill of sale of 40 motor boats for enforcing navigation laws. . 4f,i name of 21 new, may be moved from district to dis- trict under buildor's certificate 33 ocean mail service 317 official number 21 over 5 tons to be documented 19 penalties. See Penalty. Philippines, entrance and clearance in piracy. See Piracy. procedure in case of seizure quarantine inspection of See also Health, record of American-built, owned by alien. . 50 registered in coasting trade registry of foreign-built 15 See also Registry, remission of fine, penalty, or forfeiture of. . 329 renewal of license while at so.s repairs, etc., liens for sale or transfer of alien purchaser bill of sea letter and passport of seal fishing in Alaskan waters seaman's lien for wages search by Treasury official : Alaska - seaworthiness of 100 seizure by Treasury officials ; Alaska 277 size of, in foreign trade 242 slop-chest requirements 107 Spanish, privilege in Philippines speed of, regulation of 417 584 NAVIGATION LAWS OF THE UNITED STATES. Page. Vessel, steam. See Steam vessel. steerage, inspection of 167 steerage law applies to certain 168 Sunday observance 97 supplies, etc., liens for 460 tariff provisions directly relating to 237 Great Lakes vessel 247 tonnage tax 171-174 towing, regulations affecting 102 transfer of cargo on frontier 246 transfer to alien oflicensed 260 under 5 tons not to be documented 19 undermanning 99,121 undocumented 19 " United States," definition 15, 478 unlading. See Merchandise. wireless equipment 424 yacht, foreign-built, exempt from ad va- lorem duty 16 See also Barges; Cables; Crimes; Neutrality laws; Public vessels; Rules of the road; School ships; Steamboat-Inspection Service; Steering rules; Transportation lines; Wrecks; Yachts. Vicksburg, Miss., merchandise destined for. . 212 Vinegar required on vessels 107 Visible, definition of 354, 367, 382 Voluntary services to Government, prohib- ited 520 Volunteer 1 ife-saving crews 509 Wages, additional, discharge in foreign port. 104 advances and allotments of 78 arbitration before shipping commissioner. . 81 coasting and near-by foreign trade 69 commissions for disbursing or receiving, pro- hibited 241 compensation of, for reduced allowance of provisions 106 deceased seaman 83-86 entry in log book 109 deductions and payment on discharge 72 exempt from attachment 79 forfeiture, for failure to join 70 for refusal or neglect to work, and during imprisonment 7> for refusal to proceed 103 for unfounded complaint 103, 104 general provisions concerning 74 licensed officers', during war 55 lien for 74 maximum in absence of agreement 69 not dependent on earning of freight 75 one-half due payable at intermediate ports. 76 payable in gold 78 payment when discharged abroad 73,74 procedure in case of default, forfeiture, or deduction 77 right to, begins 75 in case of wreck 75 right s concerning, can not be waived 74 rules respect ing set t lenient 74 vessel exempt from libel for 78 when discharged before commencing voy- age, or before one month's earned 75 when payable 76 Page. Wages, when vessel sold abroad 7i See also Penalty. Walrus Island, reservation 27u War, capture of private property at sea dur- ing 45> privileges and responsibilities of licensed officers during 5.: vessels captured in, may be registered 13 War materials, export of 4 46 vessels carrying 4:>7, 446 War vessels. See Public vessels. Warehouses, Alaskan tax on 275 for quarantined cargo 297 See also Bonded warehouses. Wares. See Merchandise. Warm room for seamen 108 Warrants, issued by commissioners 520 Washing facilities for crew 29 Washington (State), establishment of sub- ports in 533 jurisdiction over offenses in Alaska 27S, 279,281,288,289 Washington, D. C., meridian of, adopted for astronomical purposes Watch officer. See Licensed officers. Watchmen to guard against fire 147 Water for crew 105 Water-ballast bottom, measurement of 27 Water-closets for steerage passengers 163 Water-tight bulkheads 126 Wearing apparel. See Baggage. Weather Bureau, functions of 39S Weighers. See Customs officers. Weights to be kept on board 107 West Indies, engagement of seamen in trade with 63, 68 Western rivers, rules of the road on 388 Whaling vessel, registry IS See also Fishing vessels. Wharves, construction in Porto Rico 267 control of Hawaiian 263 for quarantined cargo 297 license tax in Alaska 275 obstructing navigation 407 See also Public works. Wheeling, W.Va., merchandise destined for.. 211 Whisky. See Liquors. White-slave traffic, offense and punishment 303,304 Widow of life-saver, pension 510 Wife of naturalized alien, immigration of 314 Wilmington, X. ('., vessels documented at... 10 Wflscott, special registry Wines. Nnis- try 17 report of 324 wages in case of 7"> See also Coast (Juanl. Ytu'hts, entry on return from foreign port. . . 21 exceptions in favor of i?\ tiii, TO, T.'.. :'.. 77. 7!) , exempt from u try ... .. I 1 .) exempt from for.- -JN foreign-built, exempt from *i valorem duty 16 regulation of, at regattas :w I special provisions alTocting steam, inspection and licensed officers of. . . 1 Hi See also Motor boats. Yellow f. Yukon Hivw O UNIVERSITY OF CALIFORNIA LIBRARY BERKELEY Return to desk from which borrowed. This book is DUE on the last date stamped below. ASTRONOMY LIBKARY LD 21-100m-9,'48.B399sl6)476 Kl 02326 364904 UNIVERSITY OF CALIFORNIA LIBRARY