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5 May 1864.
Where names of steamboats to be placed.
Penalty for neglect.
25 July 18666. 14 Stat. 228.
2. Barges carrying passengers, while in tow of a steamer, shall be subject to the provisions of the acts for the preservation of the lives of passengers, so far as relates to Barges carrying fire-buckets, axes and life-preservers; for a violation of this section the penalty shall be one hundred dollars.
3. All sea-going vessels carrying passengers, and those navigating any of the northBoat-disengaging ern and north-western lakes, shall have the life-boats required by law, provided with apparatus to be suitable boat-disengaging apparatus, so arranged as to allow such boats to be safely provided. launched, with their complements of passengers, while such vessels are under speed or otherwise, and so as to allow such disengaging apparatus to be operated by one person disengaging both ends of the boat simultaneously, from the tackles by which it may be lowered to the water. (a)
II. CONSTRUCTION OF BOILERS.
4. When boilers are so arranged on a steamer that there is employed a water connecting-pipe through which the water may pass from one boiler to another, there shall also be provided a similar steam connection, having an area of opening into each boiler of at least one square inch for every two square feet of effective heating surface contained in any one of the boilers so connected, half the flue and all other surfaces being computed as effective. And no boiler shall hereafter be allowed, under any circumstances, a greater working pressure than one hundred and fifty pounds to the square inch.
25 July 1866 2 2. 14 Stat. 227.
Ibid. 3. Additional safety-valves.
Water gauges and gauge cocks.
Ibid. 4. Thickness of plates, &c.
Division of boilers.
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 said boat has side-wheels) also on the outer side of each wheel-house. And if any such steamboat shall be found without having her name placed as herein required, she shall be subject to the same penalty and forfeiture as is now 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, as required by law.
3 June 1864 1. 13 Stat. 120.
5. One or more additional safety-valves, of such dimensions and arrangement as shall be prescribed by the board of supervising inspectors, shall be placed on the boilers of every steamer, and shall be loaded to a pressure not exceeding two pounds above the working steam pressure allowed, and shall be secured by the inspector against the interference of all persons engaged in the management of the vessel or her machinery. ̧ And the alloyed metals now required by law, to be placed in or upon the flues or boilers, shall be fusible, as now required by law, and at a temperature not exceeding four hundred and forty-five degrees of the Fahrenheit thermometer. And a good and reliable water-gauge and a full set of gauge-cocks shall be provided for each boiler, whether connected or otherwise.
7. There shall be designated and appointed, in the mode prescribed by law, and who shall be paid the same annual compensation as is now paid, one additional supervising Additional super- inspector of steamboats, and two local inspectors of steamboats, at Portland, in the colvising inspector, and local inspectors. in Oregon and Tennesвсе.
lection district of Oregon, and two for the collection district of Memphis, Tennessee, at an annual compensation of seven hundred dollars, to be paid as provided by law, as in case of other like inspectors; and said inspectors shall perform the duties and be subject to the provisions of the steamboat act of August 30th 1852.
8. So much of said act as provides for the appointment of two local inspectors of steamboats in the district of Wheeling, on the Ohio river, and for their compensation, is hereby repealed. (b)
6. No steamboat boiler hereafter built, to which the heat is applied on the outside of the shell, shall be constructed of plates of more than three-tenths of an inch in thickness, the ends or heads of the boiler only excepted. And every steamboat boiler hereafter built, if employed on rivers flowing into the Gulf of Mexico, or their tributaries, shall have not less than three inches of clear space for water between and around its internal flues. And steamers hereafter built, which shall employ four or more boilers set in a battery, shall have the same divided in such a manner that one-half, as nearly as may be, of the number of boilers employed will act independently of the other half, so far as relates to the water connection; but the steam from all the boilers may be connected as provided by this act.
III. INSPECTION OF STEAMBOATS.
9. Each engineer and pilot, licensed according to the provisions of said act, shall pay for every certificate granted by any inspector or inspectors, the sum of ten dollars, to neers and pilots. be accounted for in the mode provided by law.
Ibid. 3. License to engi
(a) The act 30 August 1852 (1 vol. 849, pl. 12) does not apply to a steamboat employed in the transportation of merchandise exclusively. United States v. The Sun, 10 Am. L. R. 277; s. c. 4 West. L. Mo. 75. Nor to one engaged in the transportation of
passengers between ports of the same state. United States v.
10. That the 42d section of the act of August 30th 1852, (a) be so construed as to 3 June 1864 ? 4. require the inspection of the hull and boiler, in the manner prescribed by that act, of Inspection of every vessel propelled in whole or in part by steam, and engaged as a ferry-boat, tug or ferry-boats, tugs, towing-boat, or canal-boat, in all cases where, under the laws of the United States, such vessels may be engaged in the commerce with foreign nations, or among the several states.(b)
13 Stat. 514.
11. All engineers and pilots of ferry-boats, tug-boats, towing-boats or canal-boats, subject to inspection by this act, shall be classified and licensed in the same manner as Engineers of are pilots and engineers, by said act of August 30th 1852. ferry-boats, &c. 12. There shall be designated and appointed, in the mode prescribed by law, two 3 March 1865 1. assistant local inspectors of steamboats in the city of New York, and two local inspectors at the city of Galena, Illinois, with an annual compensation of twelve hundred dollars Local inspectors for the said assistant local inspectors in the city of New York, and eight hundred dollars New York and for the two local inspectors at the city of Galena, Illinois, as in case of other like inspectors; and said inspectors shall perform the duties and be subject to the provisions of the steamboat act of August 30th 1852. And the local board of inspectors at Wheeling is hereby re-established.
and assistants in
13. In lieu of the fees for inspection prescribed by the 6th section of the act entitled "An act to create an additional supervising inspector of steamboats and two local Fees for inspecinspectors of steamboats for the collection district of Memphis, Tennessee, and two tions. local inspectors for the collection district of Oregon, and for other purposes," approved June 8th 1864, there shall be levied and paid for each steam-vessel of one hundred tons or under, twenty-five dollars, and in addition thereto for each and every ton, in excess of one hundred tons, five cents.
neers and pilots
14. If any engineer or pilot, licensed in pursuance of law by any inspector or board of inspectors, shall, to the hindrance of commerce, wrongfully or unreasonably refuse to serve as such on any steam-vessel, as authorized by the terms of his license, or shall Penalty on engifail to deliver to the applicant for such services, at the time of such refusal, if the same for refusing to shall be demanded, a statement in writing, signed by such engineer or pilot, of the reasons therefor, or if any pilot shall refuse to admit into the pilot-house with him any person or persons whom the captain or owners of any steamboat may desire to place there for the purpose of acquiring the knowledge of piloting, he shall forfeit and pay to the party aggrieved thereby the sum of three hundred dollars, to be recovered in an action of debt founded on this statute. And thereupon on such recovery, as well as on such refusal to give such statement in writing, or to admit such persons into the pilothouse as aforesaid, his license shall be immediately revoked, upon the same proceedings as are provided by law in other cases of the revocation of such licenses.
25 July 1866 2 1.
14 Stat. 227.
15. Steamers used as freight-boats shall be subject to the same inspection and requirements as provided for ferry, tug and canal boats, by an act relating to steamboats, Freight-boats to approved the 8th day of June 1864, and to the provisions of this act.
be liable to inspection.
Ibid. 28. Certain persons
16. If any person connected as a member or otherwise, with any association of steamboat pilots, engineers, masters or owners, shall accept or attempt to exercise the functions of the office of steamboat inspector, it shall be a misdemeanor, for which he shall not to be inspectforfeit his office, and shall be further subject to a penalty of five hundred dollars.
17. The annual compensation paid to local inspectors of steamboats shall be hereafter as follows, to wit: for the district of Portland, in Maine, three hundred dollars; Compensation of for the district of Boston and Charlestown, in Massachusetts, one thousand dollars; for inspectors. the district of New London, in Connecticut, five hundred dollars; for the district of New York, two at two thousand dollars each, two at fifteen hundred dollars each, and one additional inspector of boilers at fifteen hundred dollars; for the district of Philadelphia, in Pennsylvania, thirteen hundred dollars; for the district of Baltimore, in Maryland, twelve hundred dollars; for the district of Norfolk, in Virginia, three hundred dollars; for the district of Charleston, in South Carolina, five hundred dollars; for the district of Savannah, in Georgia, four hundred dollars; for the district of Mobile, in Alabama, one thousand dollars; for the district of New Orleans, or in which New Orleans is the port of entry, Louisiana, two thousand dollars; for the district of Galveston, in Texas, four hundred dollars; for the district of St. Louis, in Missouri, sixteen hundred dollars; for the district of Nashville, in Tennessee, four hundred dollars; for the district of Louisville, in Kentucky, twelve hundred dollars; for the district of Cincinnati, in Ohio, sixteen hundred dollars; for the district of Wheeling, West Virginia, five hundred dollars; for the district of Pittsburgh, Pennsylvania, sixteen hundred dollars; for the district of Chicago, Illinois, eight hundred dollars; for the district of Detroit, Michigan, one thousand dollars; for the district of Cleveland, Ohio, six
(a) 1 vol. 855, pl. 40.
(b) See United States v. The Bright Star, 1 Am. L. T. Rep. 107; s. c. 8 Int. R. Rec. 130.
25 July 1866.
Ibid. 13. Clerks.
Ibid. 14. Incidental expenses.
Ibid 15. Inspectors to give bonds.
20 July 1868 1. 15 Stat. 111.
21. No supervising inspector shall be allowed for travel in his district in any one year a greater sum than one thousand dollars; ** no local inspector shall be allowed for travel in any one year a greater sum than five hundred dollars.
IV. LADING OF STEAMBOATS.
22. Cotton, hemp, hay, straw or other easily ignitible commodity, shall not be carried on the decks or guards of any steamer carrying passengers, except on ferry-boats crossing rivers, and then only on the sterns of such boats, unless the same shall be protected carried on deck. by a complete and suitable covering of canvas or other proper material, to prevent ignition Lading of petro
dities not to be
from sparks, under a penalty of one hundred dollars for each offence. Nor shall coaloil or crude petroleum be hereafter carried on such steamers, except on the decks or guards thereof, or in open holds, where a free circulation of air is secured, and at such distance from the furnaces or fires as may be prescribed by any supervising inspector or any board of local inspectors.
23. The fifth division of the ninth section of an act entitled "An act to amend an act entitled, an act to provide for the better security of the lives of passengers on board of vessels propelled in whole or part by steam, and for other purposes," approved August 30th in the year 1852, (a) is so far amended, that inspectors may, in the license therein provided for, exempt a steamer from the obligation to carry in a safe, chest or apartment, composed of or lined with metal, compact packages of friction-matches, securely packed in strong tight wooden chests or boxes, the covers of which shall be firmly fastened on by locks, screws or other fastenings, and which shall be stowed in a safe part of the steamer designated in their license by the inspectors, and at a safe distance from any fire.
Allowance for travel.
25 July 1866 2 5. 14 Stat. 227.
22 Mar. 18678 1. 15 Stat. 22.
Inspectors may license the carrying of frictionmatches.
4 July 1864 6. 13 Stat. 391. Punishment of homicide by neg ligence.
hundred dollars; for the district of Buffalo, New York, twelve hundred dollars; for
18. There shall be appointed, under the direction of the secretary of the treasury, one clerk each in the local offices at New York and New Orleans; and the annual compensation allowed to these clerks shall be seven hundred and fifty dollars each.
19. The secretary of the treasury may procure, for the supervising and local inspectors of steamboats, such stationery, printing, instruments and other things necessary for the use of their respective offices, as may be required therefor; and shall make such rules and regulations as may be necessary to secure the proper execution of the steamboat acts; and may, from time to time, cause special examinations to be made into the administration of the inspection laws.
20. Supervising, and local and assistant inspectors of steamboats shall execute proper bonds, in such form and upon such conditions as the secretary of the treasury may prescribe, and subject to his approval, conditioned for the faithful performance of the duties of their respective offices, and the payment, in the manner provided by law, of all moneys that may be received by them.
25 July 1866 2 9. 14 Stat. 228. What steamers to be subject to the navigation laws.
V. NAVIGATING OF STEAMBOATS.
24. That the provisions of section twelve of the act entitled "An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam," approved July 7th 1838,(b) be and the same are hereby extended to the owner or owners of any steamboat or other vessel propelled in whole or in part by steam, and to all public officers, by, or in consequence of, whose fraud, connivance, misconduct or violation of law, the life or lives of any person or persons on board such steamboat or vessel may be destroyed. (c)
25. All vessels navigating the bays, inlets, rivers, harbors and other waters of the United States, except vessels subject to the jurisdiction of a foreign power, and engaged in foreign trade, and not owned in whole or in part by a citizen of the United States. shall be subject to the navigation laws of the United States; and all vessels propelled in whole or in part by steam, and navigating as aforesaid, (d) shall also be subject to all rules and regulations consistent therewith, established for the government of steam vessels in passing, as provided in the 29th section of an act relating to steam-vessels, approved the 30th day of August 1852. And every sea-going steam-vessel now subject
(a) 1 vol. 853, pl. 29.
(b) 1 vol. 856, pl. 51.
(c) When the vessel is stopped, it is the duty of the master to Bee that the safety-valve is raised, and it is culpable negligence in
him to leave it to the discretion of the engineer: no substitute for raising the safety valve can be admitted. United States v. Farnham. 2 Blatch. C. C. 528-9.
(d) See United States v. The Bright Star, 7 Int. R. Rec. 179.
or hereby made subject to the navigation laws of the United States, and to the rules and regulations aforesaid, shall, when under way, except upon the high seas, be under the control and direction of pilots licensed by the inspectors of steam-vessels; vessels of other countries and public vessels of the United States only excepted: Provided, however, That nothing in this act, or in the act of which it is amendatory, shall be construed to annul or affect any regulation established by the existing law of any state requiring vessels entering or leaving a port in such state to take a pilot duly licensed or authorized by the laws of such state, or of a state situate upon the waters of the same port. (a)
1. Proceedings where both parties appeal.
2. Terms of the court.
3. Appointment of marshal. His powers and duties.
25 July 1866.
4. Senior associate justice to act as chief justice in case of vacancy.
6. Number of judges. Quorum.
12 Stat. 319.
where both par
1. In all cases of appeal, which have been or may hereafter be duly taken, by both 6 Aug. 1861 3 1. parties, from the judgment or decree of any district or circuit court, to the supreme court of the United States, a transcript of the record filed in the supreme court of the United Proceedings States, by either party, on his appeal, may be used on both appeals; and whenever in ties appeal. such cases one record shall have been or may hereafter be filed by either party in the said supreme court, both appeals shall be heard thereon by the court, in the same manner as if records had been filed by the appellants in both cases.
2. The said court shall hold one term, annually, at the seat of government, and such 23 July 1866 2 1. adjourned or special terms as it may find necessary for the despatch of business.
14 Stat. 209.
14 Stat. 433.
His powers and
3. The supreme court may appoint a marshal for said court, whose compensation 2 March 1867 ? 2. shall be three thousand five hundred dollars per annum; and said marshal shall take charge of all property of the United States used by said court or its members, and shall Appointment of serve and execute all process and orders issuing out of said court, or made by the chief justice or an associate justice, in pursuance of law; and shall pay into the treasury duties. of the United States all fees and compensation allowed by law, and render a true account thereof, at the close of each term, to the secretary of the interior. And the said marshal, with the approval of the chief justice, may appoint assistants and messengers in place of the crier and messengers now employed, with such compensation as is or may be allowed to officers of the house of representatives of similar grade; and all acts and parts of acts now in force relating to the marshal of the District of Columbia shall apply to the said marshal of the supreme court, except so far as in this act otherwise provided.
1. Right of way over the public lands, &c., granted. Materials for construction, and stations.
2. Government business to have priority.
4. In case of a vacancy in the office of chief justice of the supreme court of the United States, or of his inability to discharge the powers and duties of the said office, the same shall devolve upon the associate justice of said court, whose commission is senior in time, until such inability shall be removed or another appointment shall be duly made; and the person so appointed shall be duly qualified, and this act shall apply to every person succeeding to the office of chief justice pursuant to its provisions.
16 Stat. 44.
5. The supreme court of the United States shall hereafter consist of the chief justice 10 April 1869 § 1. of the United States and eight associate justices, any six of whom shall constitute a quorum; and for the purposes of this act there shall be appointed an additional associ- Number of judges. ate justice of said court.
25 June 1868 1.
15 Stat. 80.
Senior associate justice to act as chief justice in case of vacancy.
3. Rights granted not to be transferable. Government may purchase, at appraisement.
4. Acceptance in writing to be filed.
14 Stat. 221.
over the public
1. Any telegraph company now organized or which may hereafter be organized 24 July 1866 ? 1. under the laws of any state in this Union, shall have the right to construct, maintain and operate lines of telegraph through and over any portion of the public domain of Right of way the United States, over and along any of the military or post roads of the United States lands. &c., which have been or may hereafter be declared such by act of congress, and over, under granted. or across the navigable streams or waters of the United States: Provided, That such lines of telegraph shall be so constructed and maintained as not to obstruct the naviga(a) So amended by act 25 February 1867. 14 Stat. 411.
tion of such streams and waters, or interfere with the ordinary travel on such military or post roads. And any of said companies shall have the right to take and use from construction, and such public lands the necessary stone, timber and other materials for its posts, piers,
24 July 1866. Materials for
stations and other needful uses in the construction, maintenance and operation of said lines of telegraph, and may pre-empt and use such portion of the unoccupied public lands, subject to pre-emption, through which its said lines of telegraph may be located, as may be necessary for its stations, not exceeding forty acres for each station; but such stations shall not be within fifteen miles of each other.
2. Telegraphic communications between the several departments of the government of the United States and their officers and agents shall, in their transmission over the business to have lines of any of said companies, have priority over all other business, and shall be sent
at rates to be annually fixed by the postmaster-general.
3. The rights and privileges hereby granted shall not be transferred by any company acting under this act to any other corporation, association or person: Provided, however, That the United States may, at any time after the expiration of five years from the date of the passage of this act, for postal, military or other purposes, purchase all the telegraph lines, property and effects of any or all of said companies at an appraised value, to be ascertained by five competent, disinterested persons, two of whom shall be selected by the postmaster-general of the United States, two by the company interested, and one by the four so previously selected.
4. Before any telegraph company shall exercise any of the powers or privileges conferred by this act, such company shall file their written acceptance with the postmaster-general of the restrictions and obligations required by this act.
Ibid. & 3. Rights granted
not to be transferable. Government ma purchase at appraisement.
Ibid. § 4. Acceptance in writing to be filed.
1. Terms of western district transferred to Memphis.
2. Special terms.
26 Jan. 1864 1. 13 Stat. 2.
I. CIRCUIT AND DISTRICT COURTS.
1. The circuit and district courts of the United States for the district of West Tennessee shall be holden at the city of Memphis in said district, [on the first Monday in Terms of western March and the first Monday in September of each year,] and at no other place. And
district transferred to Memphis.
all process, civil and criminal, which may have been or hereafter may be, issued, returnable to said courts at Jackson or Huntingdon in said district, shall be returned to said courts respectively at the city of Memphis; and all books and records of every kind pertaining to said courts, shall be transferred from the places where said courts have heretofore been held to the city of Memphis.
Ibid. 2. Special terms.
25 June 1868 1. 15 Stat. 80. Terms of the several courts.
3. Terms of the several courts.
2. The judges of the United States circuit court, and of the United States district court for the several districts of Tennessee, may, whenever in their opinion the publie interests require it, appoint special terms of their respective courts at Knoxville, Nashville and Memphis, to be holden at such times as said judges respectively shall deem most conducive to the public good; notice of each special term appointed under the provisions of this act shall be published in at least one newspaper printed in the town or city in which a term is to be held, for four consecutive weeks.
3. The circuit and district courts for the district of East Tennessee shall hereafter be held at Knoxville, on the second Mondays of January and July in each year; and for the district of Middle Tennessee, at Nashville, on the third Mondays of April and October of each year; and for the district of West Tennessee, at Memphis, on the fourth Mondays of May and November, of each year; and all recognisances, indictments or other proceedings, civil and criminal, now pending or returnable in said courts, shall be entered in court and be heard and tried according to the times of holding said courts as herein provided.