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United States, in thirty days from the time of its approval; and in respect to every such vessel sailing from ports in Europe, in sixty days after such approval; and it is hereby made the duty of the Secretary of State to give notice, in the ports of Europe, of this act, in such manner as he may deem proper.
SEC. 10. And be it further enacted, That so much of the first section of the act entitled "An act regulating passenger ships and vessels," approved March second, eighteen hundred and nineteen, or any other act that limits the number of passengers to two for every five tons, is hereby repealed.
Approved May 17, 1848.
AN ACT to extend the provisions of all laws now in force relating to the carriage of passengers in merchant vessels, and the regulation thereof.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all vessels bound from any port in the United States to any port or place in the Pacific Ocean, or on its tributaries, or from any such port or place to any port in the United States on the Atlantic or its tributaries, shall be subject to the provisions of all the laws now in force relating to the carriage of passengers in merchant vessels, sailing to and from foreign countries, and the regulation thereof; except the fourth section of the "act to provide for the ventilation of passenger vessels, and for other purposes," approved May seventeenth, eighteen hundred and forty-eight, relating to provisions, water, and fuel; but the owners and masters of all such vessels shall in all cases furnish to each passenger the daily supply of water therein mentioned, and they shall furnish, or cause the passengers to furnish for themselves, a sufficient supply of good and wholesome food; and in case they shall fail so to do, or shall provide unwholesome or unsuitable provisions, they shall be subject to the penalty provided in said fourth section in case passengers are put on short allowance of water or provisions.
SEC. 2. And be it further enacted, That the act entitled "An act to regulate the carriage of passengers in merchant vessels," approved February 22, 1847, shall be so amended as that a vessel passing into or through the tropics shall be allowed to carry the same number of passengers as vessels that do not enter the tropics.
SEC. 3. And be it further enacted, That this act shall take
effect on and after the fifteenth day of March, eighteen hundred and forty-nine.
Approved March 3, 1849.
General Regulations No. 45.-Under the act to regulate the carriage of passengers in steamships and other vessels, approved March 3, 1855.
To Collectors and other Officers of the Customs.
TREASURY DEPARTMENT, March 23, 1855.
The attention of collectors and other officers of the customs, as well as all persons interested and engaged in carrying passengers in steamships and other vessels, is specially called to the provisions of the annexed act of Congress, approved March 3, 1855, entitled "An act to regulate the carriage of passengers in steamships and other vessels," and a strict compliance with its terms and provisions enjoined upon the aforesaid officers and other persons interested.
It will be observed that, whilst this act prescribes spaces of certain clear superficial feet of deck to each passenger, (other than cabin passengers,) it moreover fixes a maximum by restricting the number of such passengers allowed to be carried in any such vessel in the proportion of one to every two tons of said vessel's tonnage measurement, excluding children under the age of one year in the computation, and computing two children over one and under eight years of age as one passenger. It follows, that though a vessel might afford clear spaces of the dimensions indicated for a greater number of passengers than one to every two tons of her tonnage measurement, yet if the number shall exceed that allowed by her tonnage measurement, the penalties imposed by the law would attach; or if her tonnage measurement should allow a greater number of passengers than according to the clear spaces prescribed by law she could carry, yet if the number shall exceed that allowed by the clear spaces prescribed by law, the penalties imposed by the law would equally attach. In other words, the one rule, as to the number of passengers a vessel is entitled to carry, is a limitation upon the other. The tonnage of each vessel, according to custom-house measurement, must, therefore, be ascertained, as well as the measurement of the spaces allotted to passengers, in order to determine the number of passengers she is entitled to carry.
In order to determine the number of passengers a vessel is entitled to carry in accordance with the spaces prescribed by this act, the height between decks must be measured from the bottom edge of the carlings or deck beams to the top floor below; and no space shall be considered available for passengers that has not, when measured in this manner, the height called for by the law, as the case may be; nor shall any space in the vessel of a less width than four feet be measured; provided, however, if the vessel shall, in accordance with the provisions of the first section of this act, carry any portion of her cargo, or any other article or articles, on any of the decks, cabins, or other places appropriated to the use of passengers, in lockers or enclosures prepared for the purpose, the height between decks shall be measured from the bottom edge of the carlings or deck beams to the upper surface of said lockers or enclosed spaces, which shall be deemed and taken to be the deck or platform from which measurement shall be made for all the purposes of this act, and the spaces occupied by said lockers or enclosed spaces shall be deducted from the spaces allowable for the use of passengers.
For example: the spaces in the main and poop decks or platforms, and in the deck houses, if any there be, will be 16 by 696 feet; lower deck, 18 by 6108 feet; two-deck vessels, 14 by 7105 feet.
The encumbering by merchandise or stores, not the personal baggage of the passengers, except in lockers or enclosures prepared for the purpose, of any part of the space occupied by the passengers, will vitiate the whole space, unless the part so encumbered be separated from that so occupied, by a substantial bulkhead.
The deck or platform must be of a permanent nature, flush, and impervious to water.
Collectors will keep a special account of the moneys received under the 14th section of this act on account of deceased passengers; and, before making payments to any board or commission of the description mentioned in the law, will make a report to the Department of the number and designation of the boards or commissions appointed and acting under the authority of the State in which their respective ports are situated, to enable the Department to determine which is entitled to receive the same.
It will be perceived that the 19th section of this act expressly repeals all former laws on the subject, except so far as concerns the prosecution, recovery, distribution or remission of
any fines, penalties, and forfeitures which may have been incurred under former laws prior to the day this act shall go into effect; which, with respect to vessels sailing from ports in the United States on the eastern side of the continent, is within thirty days from the time of its approval; with respect to vessels sailing from ports in the United States on the western side of the continent, and from ports in Europe, is within sixty days from the time of its approval; and with respect to vessels sailing from ports in other parts of the world, is within six months from the time of its approval. The provisions of existing laws will be enforced until this act shall go into effect, as above specified.
It is deemed sufficient only further to call your particular attention to the 1st, 2d, 6th, 10th, 11th, 14th, 15th, 16th, and 17th sections of this act, in which certain provisions, different from existing laws, have been enacted, and to state that all the requirements of said sections must be strictly enforced.
Collectors are directed to furnish the masters of all vessels engaged in transporting passengers between their respective ports and foreign countries, and each owner or consignee of any such vessels residing at their ports, with one copy of this circular.
. JAMES GUTHRIE,
Secretary of the Treasury.
AN ACT to regulate the carriage of passengers in steamships and other vessels.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no master of any vessel owned in whole or in part by a citizen of the United States, or by a citizen of any foreign country, shall take on board such vessel, at any foreign port or place other than foreign contiguous territory of the United States, a greater number of passengers than in proportion of one to every two tons of such vessel, not including children under the age of one year in the computation, and computing two children over one and under eight years of age as one passenger. That the spaces appropriated for the use of such passengers, and which shall not be occupied by stores or other goods not the personal baggage of such passengers, shall be in the following proportions, viz: On the main and poop decks or platforms, and in the deck houses, if there be any, one passenger
for each sixteen clear superficial feet of deck, if the height or distance between the decks or platform shall not be less than six feet; and on the lower deck, (not being an orlop deck,) if any, one passenger for eighteen such clear superficial feet, if the height or distance between the decks or platforms shall not be less than six feet, but so as that no passenger shall be carried on any other deck or platform, nor upon any deck where the height or distance between decks is less than six feet, with intent to bring such passenger to the United States, and shall leave such port or place and bring the same, or any number thereof, within the jurisdiction of the United States; or if any such master of any vessel shall take on board his vessel, at any port or place within the jurisdiction of the United States, any greater number of passengers than in the proportion aforesaid to the space aforesaid, or to the tonnage aforesaid, with intent to carry the same to any foreign port or place other than foreign contiguous territory as aforesaid, every such master shall be deemed guilty of a misdemeanor, and, upon conviction thereof, before any circuit or district court of the United States, shall, for each passenger taken on board beyond the limit aforesaid, or the space aforesaid, be fined in the sum of fifty dollars, and may also be imprisoned, at the discretion of the judge before whom the penalty shall be recovered, not exceeding six months; but should it be necessary for the safety or convenience of the vessel, that any portion of her cargo or any other articles, or article, should be placed on, or stored in, any of the decks, cabins, or other places appropriated to the use of passengers, the same may be placed in lockers or enclosures prepared for the purpose, on an exterior surface impervious to the wave, capable of being cleansed in like manner as the decks or platforms of the vessel. In no case, however, shall the places thus provided be deemed to be a part of the space allowable for the use of passengers, but the same shall be deducted therefrom, and in all cases where prepared or used, the upper surface of said lockers or enclosed spaces shall be deemed and taken to be the deck or platform from which measurement shall be made for all the purposes of this act. It is also provided that one hospital in the spaces appropriated to passengers, and separate therefrom by an appropriate partition, and furnished as its purposes require, may be prepared, and, when used, may be included in the space allowable for passengers, but the same shall not occupy more than one hundred superficial feet of deck or platform: Provided, That on board two-deck ships, where the height between the decks is seven and one-half feet or more,