« AnteriorContinuar »
wheel or tiller ropes.
ties shall be re
steam vessel employed on either of the lakes mentioned in the last sec
Vessels at sea
or on the lakes tion, or on the sea, to provide, as a part of the necessary furniture, a suc- aforesaid to cartion-hose and fire-engine and hose suitable to be worked on said boat in ry suction-hose, case of fire, and carry the same upon each and every voyage, in good
Iron rods or order; and that iron rods or chains shall be employed and used in the chains to be navigating of all steamboats, instead of wheel or tiller ropes; and for a used instead of failure to do which, they, and each of them, shall forfeit and pay the sum of three hundred dollars.
Penalty. Sec. 10. That it shall be the duty of the master and owner of every Signal lights. steamboat, running between sunset and sunrise, to carry one or more 1849 ch.105,9 5.
1864, ch. 69. signal lights, that may be seen by other boats navigating the same waters, under the penalty of two hundred dollars. Sec. 11. That the penalties imposed by this act may be sued for and
How all penalrecovered in the name of the United States, in the district or circuit court covered. of such district or circuit where the offence shall bave been committed, or forfeiture incurred, or in which the owner or master of said vessel may reside, one half to the use of the informer, and the other to the use of the United States ; or the said penalty may be prosecuted for by indictment in either of the said courts.
Sec. 12. That every captain, engineer, pilot, or other person employed Life or lives on board of any steamboat or vessel propelled in whole or in part by tion, &c. mansteam, by whose misconduct, negligence, or inattention to his or their re- slaughter. spective duties, the life or lives of any person or persons on board said ves- 1864, ch. 249, $ 6. sel may be destroyed, shall be deemed guilty of manslaughter, and, upon conviction thereof before any circuit court in the United States, shall be Punishment. sentenced to confinement at hard labor for a period not more than ten years.
What shall be Sec. 13. That in all suits and actions against proprietors of steam
sufficient eviboats, for injuries arising to person or property from the bursting of the dence to charge boiler of any steamboat, or the collapse of a fue, or other injurious escape the defendant, of steam, the fact of such bursting, collapse, or injurious escape of steam, bursting of a shall be taken as full prima facie evidence, sufficient to charge the defend- boiler, &c. ant or those in his employment, with negligence, until he shall show that no negligence has been committed by him or those in his employment.
No. 224. — FEBRUARY 28, 1839. CHAP. XXXV. – An Act to abolish Imprisonment for Debt in certain Cases. Stat. at Large,
Vol. V. p. 321. Be it enacted, 8c. That no person shall be imprisoned for debt in any Imprisonment State, on process issuing out of a court of the United States, where by the for debt abol
ished. laws of such State, imprisonment for debt has been abolished; and where by the laws of a State, imprisonment for debt shall be allowed, under certain conditions and restrictions, the same conditions and restrictions shall be applicable to the process issuing out of the courts of the United States; and the same proceedings shall be had therein, as are adopted in the courts of such State.
No. 225. FEBRUARY 28, 1839.
Stat. at Large, the United States.
Vol. V. p. 321. Be it enacted, &c. That where, in any suit at law or in equity, com- The court menced in any court of the United States, there shall be several defend- may entertain ants, any one or more of whom shall not be inhabitants of or found within when only part the district where the suit is brought or shall not voluntarily appear of the defendthereto, it shall be lawful for the court to entertain jurisdiction, and pro- are found in the ceed to the trial and adjudication of such suit, between the parties who State or district. may be properly before it ; but the judgment or decree rendered therein
or decree not to shall not conclude or prejudice other parties, not regularly served with
prejudice par- process, or not voluntarily appearing to answer; and the non-joinder of ties not served with process.
parties who are not sỞ inhabitants, or found within the district, shall con
stitute no matter of abatement, or other objection to said suit. Pecuniary Sec. 3. That all pecuniary penalties and forfeitures accruing under the penalties and forfeitures may
laws of the United States may be sued for and recovered in any court of be sued for in competent jurisdiction in the State or district where such penalties or forState courts.
feitures have accrued, or in which the offender or offenders may be found. Limitation of Sec. 4. That no suit or prosecution shall be maintained, for any pensutions.d prose- alty or forfeiture, pecuniary or otherwise, accruing under the laws of the
United States, unless the same suit or prosecution shall be commenced within five years from the time when the penalty or forfeiture accrued ; Provided, The person of the offender or the property liable for such penalty or forfeiture shall, within the same period, be found within the United Siates; so that the proper process may be instituted and served against
such person or property therefor. Whipping and
Sec. 5. That the punishment of whipping and the punishment of pillory abolished.
standing in the pillory, so far as they now are provided for by the laws of
the United States, be, and the same are hereby, abolished. Penalties for Sec. 6. That, în all cases of recognizances in criminal causes taken forfeitures of re
for, or in, or returnable to, the courts of the United States, which shall be cognizance, &c. may be remitted. forfeited by a breach of the condition thereof, the said court for or in
which the same shall be so taken, or to which the same shall be returnable, shall have authority in their discretion to remit the whole or a part of the penalty, whenever it shall appear to the court that there has been no wilful default of the parties, and that a trial can notwithstanding be had in the cause, and that public justice does not otherwise require the same penalty to be exacted or enforced.
No. 226. MARCH 3, 1839. Stat. at Large, CHAP. LXXXII. – An Act making Appropriations for the Civil and Diplomatic Vol. V. p. 339.
Erpenses of Government for the Year eighteen hundred and thirty-nine. Money paid to Sec. 2. That from and after the passage of this act, all money paid to collectors, &c. for unascer
collector of the customs, or to any person acting as such, for unascer
any tained duties,
tained duties or for duties paid under protest against the rate or amount &c.
of duties charged, shall be placed to the credit of the treasurer of the 1864, ch. 171, United States, kept and disposed of as all other money paid for duties is
required by law, or by regulation of the Treasury Department, to be placed to the credit of said treasurer, kept and disposed of; and shall not be held by the said collector, or person acting as such, to await any ascertainment of duties, or the result of any litigation in relation to the rate or amount of duty legally chargeable and collectable in any case where money is so paid ; but whenever it shall be shown to the satisfaction of the Secretary of the Treasury, that in any case of unascertained duties or duties paid under protest more money has been paid to the col
lector or person acting as such than the law requires should have been See act of 26, paid, it shall be his duty to draw his warrant upon the treasurer in favor Feb. 1845, ch. 22.
of the person or persons entitled to the over-payment, directing the said treasurer to refund the same out of any money in the treasury not oth
erwise appropriated. No person,
Sec. 3. That no officer in any branch of the public service, or any whose salary, &c, shall receive
other person whose salaries, or whose pay or emoluments is or are fixed any extra allow- by law and regulations, shall receive any extra allowance or compensaance, unless au- tion in any form whatever for the disbursement of public money, or the thorized by law.
performance of any other service, unless the said extra allowance or compensation be authorized by law; nor shall any executive officer, other than the heads of departments, apply more than thirty dollars, annually, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office.
No. 227. — APRIL 4, 1840. CHAP. VI. - An Ad to cancel the Bonds given to secure Duties upon Vessels and their Stat. at Large,
Cargoes, employed in the Whale Fishery, and to make Registers, lawful Papers for such Vol. V. p. 370. Vessels.
Be it enacted, 8c. That all vessels which have cleared, or hereafter may Registers sufficlear, with registers for the purpose of engaging in the whale fishery, cient papers for shall be deemed to have lawful and sufficient papers for such voyages, in the whale securing the privileges and rights of registered vessels, and the privileges fishery. and exemptions of vessels enrolled and licensed for the fisheries; and all vessels which have been enrolled and licensed for like voyages shall have the same privileges and measure of protection as if they had sailed with registers if such voyages are completed or until they are completed.
Sec. 2. That all the provisions of the first section of the act entitled Provisions of “ An act supplementary to the act concerning consuls and vice-consuls, of the act of 28th and for the further protection of American seamen,” passed on the twen- Feb. 1803, ch. ty-eighth day of February, anno Domini eighteen hundred and three, shall 9, extended. hereafter apply and be in full force as to vessels engaged in the whale fishery in the same manner and to the same extent as the same is now in force and applies to vessels bound on a foreign voyage.
Sec. 3. That all forfeitures, fees, duties and charges of every descrip- Forfeitures retion required of the crews of such vessels, or assessed upon the vessels or cargoes, being the produce of such fishery, because of a supposed insufficiency of a register to exempt them from such claims, are hereby remitted; and all bonds given for such cause are hereby cancelled, and the Secretary of the Treasury is hereby required to refund all such moneys as have been, or which may be, paid into the treasury, to the rightful claimants, out of the revenues in his hands.
No. 228. — May 27, 1840. CHAP. XXVII. - An Act authorizing Sippican and Mattapoisett, within the Township Stat. at Large,
Rochester, in the State of Massachusetts, to be known hereafter as Ports under those Vol. V. p. 381. Names.
Be it enacted, &c. That Sippican and Mattapoisett, harbors within the Sippican and township of Rochester, in the State of Massachusetts, be hereafter re- be known as spectively known as ports under those names within the collection district ports, &c. of New Bedford ; and that the respective inhabitants thereof be authorized to describe as the law requires their vessels as belonging to the respective places instead of Rochester.
No. 229. — JULY 20, 1840. CHAP. XLVIII. – An Act in Addition to the several Acts regulating the Shipment and Stat. at Large, Discharge of Seamen, and the Duties of Consuls.
Vol. V. p. 394. Be it enacted, &c. As follows:
Acts concernFirst. The duplicate list of the crew of any vessel bound on a foreign ing consuls: vol.
; voyage, made out pursuant to the act of February twenty-eighth, eighteen 2, 203. hundred and three, shall be a fair copy in one uniform handwriting, with- Duplicate list
of crew to be a out erasure or interlineation.
fair copy, &c. Second. It shall be the duty of the owners of every such vessel to Owners to obobtain from the collector of the customs of the district from which the tain a true and clearance is made, a true and certified copy of the shipping articles, con- the shipping artaining the names of the crew, which shall be written in a uniform band, ticles, &c. without erasures or interlineations.
Third. These documents which shall be deemed to contain all the con- These to be ditions of contract with the crew as to their service, pay, voyage, and all produced to the
c other things, shall be produced by the master, and laid before any consul, when.
or other commercial agent of the United States, whenever he may
deem their contents necessary to enable him to discharge the duties imposed upon him by law toward any mariner applying to him for his aid or as
sistance. Interlineations, Fourth. All interlineations, erasures, or writing in a hand different from &c.
that in which such duplicates were originally made, shall be deemed fraudulent alterations, working no change in such papers, unless satisfactorily explained in a manner consistent with innocent purposes and the provis
ions of law which guard the rights of mariners.* Consuls, &c.
Eighth. Whenever any master shall ship a mariner in a foreign port, to make an en- he shall forth with take the list of his crew and the duplicate of the shiptry of mariners shipped in a for- ping articles to the consul, or person who discharges the duties of the eign port. office at that port, who shall make the proper entries thereon, setting
forth the contract, and describing the person of the mariner ; and thereupon the bond originally given for the return of the men shall embrace
each person so shipped. Consuls, &c. Ninth. When any mariner shall complain that the voyage is conto examine cera tinued contrary to his agreement, or that he has fulfilled his contract, the of mariners. consul, or other commercial agent peforming like duties, may examine
into the same by an inspection of the articles of agreement; and if on the face of them he finds the complaint to be well founded, he shall discharge the mariner, if he desires it, and require of the master an advance, beyond the lawful claims of such mariner, of three months' wages, as provided in the act of February twenty-eighth, eighteen hundred and three; and in case the lawful claims of such mariner are not paid upon his discharge,
the arrears shall from that time bear an interest of twenty per centum : Proviso. Provided, however, If the consul or other commercial agent shall be sat
isfied the contract has expired, or the voyage been protracted by circumstances beyond the control of the master, and without any design on his part to violate the articles of shipment, then he may, if he deems it just, discharge the mariner without exacting the three months' additional
pay. Shipments of Tenth. All shipments of seamen, made contrary to the provisions of seamen contrary this and other acts of Congress, shall be void ; and any seamen so shipped to acts of Congress, void.
may leave the service at any time, and demand the highest rate of wages paid to any seaman shipped for the voyage, or the sum agreed to be given
him at his shipment. Consuls, &c. Eleventh. It shall be the duty of consuls and commercial agents to reto reclaim de- claim deserters and discountenance insubordination by every means within serters, &c.
their power; and where the local authorities can be usefully employed for that purpose, to lend their aid and use their exertions to that end in the
most effectual manner. Consul, &c. Twelfth. If the first officer, or any officer, and a majority of the crew of on complaint
any vessel shall make complaint in writing that she is in an unsuitable that a vessel is in an unsuitable condition to go to sea, because she is leaky, or insufficiently supplied with condition to go sails, rigging, anchors, or any other equipment, or that the crew is insuffito sea, shall ap- cient to man her, or that her provisions, stores, and supplies are not, or have make an exami- not been, during the voyage, sufficient and wholesome, thereupon, in any nation, &c.
of these or like cases, the consul or commercial agent who may discharge 1850, ch. 27, § 6.
any duties of a consul shall appoint two disinterested, competent practical men, acquainted with maritime affairs, to examine into the causes of complaint, who shall in their report state what defects and deficiencies, if any, they find to be well founded, as well as what, in their judgment, ought to be done to put the vessel in order for the continuance of her
voyage. Power and
Thirteenth. The inspectors so appointed shall have full power to exduty of the inspectors.
amine the vessel and whatever is aboard of her, so far as is pertinent to
* Paragraphs 5, 6, and 7, repealed Aug. 18, 1856, ch. 227, § 33.
their inquiry, and also to hear and receive any other proofs which the ends of justice may require, and if, upon a view of the whole proceedings, Duty of the the consul, or other commercial agent shall be satisfied therewith, he may
consul, &c. approve the whole or any part of the report, and shall certify such approval, and if he dissents, shall also certify his reasons for so dissenting.
Fourteenth. The inspectors in their report shall also state whether, in Inspectors to their opinion, the vessel was sent to sea unsuitably provided in any im- state whether portant or essential particular, by neglect or design, or through mistake sent to sea unor accident, and in case it was by neglect or design, and the consul or suitably proother commercial agent approves of such finding, he shall discharge such vided, &c. of the crew as require it, each of whom shall be entitled to three months' consul, &c. pay in addition to his wages to the time of discharge; 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 master shall, in a reasonable time, remove or remedy the causes of complaint, then the crew shall remain and discharge their duty ; otherwise they shall, upon their request, be discharged, and receive each one month's wages in addition to the pay up to the time of discharge.
Fifteenth. The master shall pay all such reasonable charges in the Charges, how premises as shall be officially certified to him under the hand of the con
to be paid, &c. sul or other commercial agent, but in case the inspectors report that the complaint is without any good and sufficient cause, the master may retain from the wages of the complainants, in proportion to the pay of each, the amount of such charges, with such reasonable damages for detention on that account as the consul or other commercial agent directing the inquiry may officially certify.
Sixteenth. The crew of any vessel shall have the fullest liberty to lay Crews of vestheir complainits before the consul or commercial agent in any foreign fullest liberty to port, and shall in no respect be restrained or hindered therein by the mas- lay their comter or any officer, unless some sufficient and valid objection exist against plaints before their landing; in which case, if any mariner desire to see the consul or
the consul, &c. commercial agent, it shall be the duty of the master to acquaint him with it forth with ; stating the reason why the mariner is not permitted to land, and that he is desired to come on board ; whereupon it shall be the duty of such consul or commercial agent to repair on board and inquire into the causes of the complaint, and to proceed thereon as this act directs.
Seventeenth. In all cases where deserters are apprehended, the consul Apprehended or commercial agent shall inquire into the facts ; and, if satisfied that the desertion was caused by unusual or cruel treatment, the mariner shall be discharged, and receive, in addition to his wages to the time of the discharge, three months' pay; and the officer discharging him shall enter upon the crew-list and shipping articles the cause of discharge, and the particulars in which the cruelty or unusual treatment consisted, and subscribe his name thereto officially.
Eighteenth. If any consul or commercial agent shall neglect or omit to Consuls, &c. perform, seasonably, the duties hereby imposed upon him, or shall be guil- the duties hereiy of any malversation or abuse of power, he shall be liable to any in- by imposed, &c. jured person for all damage occasioned thereby ; and for all malversation and corrupt conduct in office, he shall be liable to indictment, and, on conviction by any court of competent jurisdiction, shall be fined not less than one nor more than ten thousand dollars, and be imprisoned not less than one nor more than five years. Nineteenth. If any master of a vessel shall proceed on a foreign voy
Masters of vegage without the documents herein required, or refuse to produce them tions of this act, when required, or to perform the duties imposed by this act, or shall vio- &c. late the provisions thereof, he shall be liable to each and every individual injured thereby, in damages, and shall, in addition thereto, be liable to pay a fine of one hundred dollars for each and every offence, to be recov