Salaries. 14 August 1848. the same to the secretary, to be by him recorded as aforesaid; and, afterwards, the like oath or affirmation shall be taken, certified and recorded, in such manner and form as may be prescribed by law. The governor shall receive an annual salary of fifteen hundred dollars as governor, and fifteen hundred dollars as superintendent of Indian affairs.(a) The chief justice and associate justices shall each receive an annual salary of two thousand dollars. (b) The secretary shall receive an annual salary of fifteen hundred dollars.(c) The said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the treasury of the United States; but no such payment shall be made until said officers shall have entered upon the duties of their respective appointCompensation of ments. (d) The members of the legislative assembly shall be entitled to receive three members of as sembly. And their officers. Appropriation for contingent expenses. dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from said sessions, estimated according to the nearest usually travelled route. And a chief clerk, one assistant clerk, a sergeant-at-arms and doorkeeper, may be chosen for each house; (e) and the chief clerk shall receive five dollars per day, and the said other officers three dollars per day during the session of the legislative assembly; but no other officers shall be Annual sessions. paid by the United States: Provided, That there shall be but one session of the legislature annually, unless, on an extraordinary occasion, the governor shall think proper to call the legislature together. There shall be appropriated, annually, the sum of fifteen hundred dollars, to be expended by the governor, to defray the contingent expenses of the territory, including the salary of a clerk of the executive department; and there shall also be appropriated, annually, a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws and other inci dental expenses; and the governor and secretary of the territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the treasury of the United States, and shall, semi-annually, account to the said secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure, to be paid out of money appropriated by congress, shall be made by said legislative assembly for objects not specially authorized by the acts of congress making the appropriations, nor beyond the sums thus appropriated for such objects. Ibid. 12. 25. The rivers and streams of water in said territory of Oregon in which salmon are Salmon not to be found, or to which they resort, shall not be obstructed by dams or otherwise, unless such obstructed in the dams or obstructions are so constructed as to allow salmon to pass freely up and down such rivers and streams. rivers. Ibid. 14. extended over Oregon. 26. The inhabitants of said territory shall be entitled to enjoy all and singular the Ordinance of 1787 rights, privileges and advantages granted and secured to the people of the territory of the United States north-west of the river Ohio, by the articles of compact contained in the ordinance for the government of said territory, on the 13th day of July 1787;(g) and shall be subject to all the conditions and restrictions and prohibitions in said articles of compact imposed upon the people of said territory. And the existing laws now in force in the territory of Oregon, under the authority of the provisional government established by the people thereof, shall continue to be valid and operative therein, so far as the same be not incompatible with the constitution of the United States, and the principles and provisions of this act; subject, nevertheless, to be altered, modified or repealed by the Former grants of legislative assembly of the said territory of Oregon; but all laws heretofore passed in said territory making grants of land, or otherwise affecting or incumbering the title to lands, shall be and are hereby declared to be null and void. And the laws of the United States are hereby extended over and declared to be in force in said territory, so far as the same, or any provision thereof, may be applicable.(h) land void. ment. Ibid. 2 15. 27. The legislative assembly of the territory of Oregon shall hold its first session at Seat of govern- such time and place in said territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the legisla tive assembly shall proceed to locate and establish the seat of government for said territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by said legislative assembly.(i) And the sum of five thousand dollars, out of any money in the treasury not otherwise appropriated, is hereby appropriated and granted to said territory of Oregon, to be there applied, by the governor, to the erection of suitable buildings at the seat of government. 28. A delegate to the house of representatives of the United States, to serve for the 14 Aug. 1848 16. term of two years, who shall be a citizen of the United States, may be elected by the Delegate to convoters qualified to elect members of the legislative assembly, who shall be entitled to gress. the same rights and privileges as have been heretofore exercised and enjoyed by the delegates from the several other territories of the United States to the said house of representatives; but the delegate first elected shall hold his seat only during the term of the congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; of which, and the time, place and manner of holding such elections, he shall give at least sixty days' notice by proclamation; and at all subsequent elections, the times, places and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. [The delegate from said territory shall not be entitled to receive more than twenty-five hundred dollars at any one session of congress, as a compensation for his mileage, in going to and returning from the seat of government of the United States, any act of congress to the contrary notwithstanding.] (a) Ibid. 20. 29. When the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections Reservations of numbered sixteen and thirty-six in each township in said territory shall be and the land for schools. same is hereby reserved, for the purpose of being applied to schools in said territory, and in the states and territories hereafter to be erected out of the same. (b) 30. All officers to be appointed by the president, by and with the advice and consent Ibid. 22. of the senate, for the territory of Oregon, who by virtue of the provisions of any law How officers to now existing, or which may be enacted during the present congress, are required to give give security. security for moneys that may be intrusted with them for disbursement, shall give such security at such time and place, and in such manner, as the secretary of the treasury may prescribe. 10 Stat. 715. passengers to accommodation. 1. No master of any vessel owned in whole or in part by a citizen of the United States, 3 March 1855 3 1. 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 Proportion of number of passengers than in proportion of one to every two tons of such vessel, not tonnage. including children under the age of one year in the computation, and computing two children over one an 1 under eight years of age as one passenger. (c) That the spaces Space for their 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 Penalties for vioor place within the jurisdiction of the United States, any greater number of passengers, (a) The clause within brackets is repealed by act 19 May 1852. 10 Stat. 7. (b) The act 7 January 1853, provides that the legislative assembly of Oregon, in all cases where sections 16 or 36 are taken and Occupied under the law making donations of land to actual set tlers, or otherwise, may cause an equal quantity of any unoccu lation. pied land in sections, to be selected in lieu thereof. And that Storage of cargo places app priated for passengers. 3 March 1855. 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, Le 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, fourteen clear superficial feet of deck shall be the proportion required for each passenger. Hospital. Space in twodeck vessels. Ibid. 2 2. 2. No such vessel shall have more than two tiers of berths; and the interval between Berths regulated, the lowest part thereof and the deck or platform beneath, shall not be less than nine inches; and the berths shall be well constructed, parallel with the sides of the vessel, and separated from each other by partitions, as berths ordinarily are separated, and shall be at least six feet in length and at least two feet in width; and each berth shall be occupied by no more than one passenger. But double berths of twice the above width may be constructed, each berth to be occupied by no more, and by no other than two women, or by one woman and two children under the age of eight years, or by husband and wife, or by a man and two of his own children under the age of eight years, or by two Penalty for viola- men members of the same family. And if there shall be any violation of this section in any of its provisions, then the master of the vessel and the owners thereof shall severally forfeit and pay the sum of five dollars for each passenger on board of said vessel on such voyage, to be recovered by the United States, in any port where such vessel may arrive or depart. tion Ibid. 23. House over the passage-way. 3. All vessels, whether of the United States or any foreign country, having sufficient capacity or space, according to law, for fifty or more passengers, (other than cabin passengers) shall, when employed in transporting such passengers between the United States and Europe, have, on the upper deck, for the use of such passengers, a house over the passage-way leading to the apartments allotted to such passengers below deck, firmly secured to the deck or combings of the hatch, with two doors, the sills of which shall be at least one foot above the deck, so constructed, that one door or window in such house may at all times be left open for ventilation; and all vessels so employed, and having the capacity to carry one hundred and fifty such passengers or more, shall have two such houses; and the stairs or ladder, leading down to the aforesaid apartment, shall Booby-hatches. be furnished with a hand-rail of wood or strong rope; but booby-hatches may be substituted for such houses. Hand-rail. Ibid. 24. Ventilation. 4. Every such vessel so employed, and having the legal capacity for more than one hundred such passengers, shall have at least two ventilators to purify the apartment or apartments occupied by such passengers; one of which shall be inserted in the after part of the apartment or apartments; and the other shall be placed in the forward portion of the apartment or apartments, and one of them shall have an exhausting cap to carry off the foul air, and the other a receiving cap to carry down the fresh air; which said ventilators shall have a capacity proportioned to the size of the apartment or apartments to be purified, namely: if the apartment or apartments will lawfully authorize the reception of two hundred such passengers, the capacity of such ventilators shall each be equal to a tube of twelve inches diameter in the clear, and in proportion for larger or smaller apartments; and all said ventilators shall rise at least four feet six inches above the upper deck of any such vessel, and be of the most approved form and construction. But if it shall appear, from the report, to be made and approved, as herein. after provided, that such vessel is equally well ventilated by any other means, such other means of ventilation shall be deemed and held to be a compliance with the provisions of this section. 5. Every vessel carrying more than fifty such passengers, shall have for their use on 3 March 1855 § 5. leck, housed and conveniently arranged, at least one camboose or cooking range, the Camboose or dimensions of which shall be equal to four feet long and one foot six inches wide for cooking range. every two hundred passengers; and provision shall be made in the manner aforesaid, in this ratio, for a greater or less number of passengers; but nothing herein contained shall take away the right to make such arrangements for cooking between decks, if that shall be deemed desirable. Tbid. 4. 6. All vessels employed as aforesaid, shall have on board, for the use of such passengers, at the time of leaving the last port whence such vessel shall sail, well secured what provisions under deck, for each passenger, at least twenty pounds of good navy bread, fifteen pounds to be on borre of rice, fifteen pounds of oatmeal, ten pounds of wheat flour, fifteen pounds of peas and beans, twenty pounds of potatoes, one pint of vinegar, sixty gallons of fresh water, ten pounds of salted pork, and ten pounds of salt beef, free of bone, all to be of good quality; but at places where either rice, oatmeal, wheat flour or peas and beans cannot be procured, of good quality and on reasonable terms, the quantity of either or any of the other last-named articles may be increased and substituted therefor; and in case potatoes cannot be procured on reasonable terms, one pound of either of said articles may be substituted in lieu of five pounds of potatoes. And the captains of such vessels shall deliver to each passenger at least one-tenth part of the aforesaid provisions weekly, commencing on the day of sailing, and at least three quarts of water daily. And if the Short allowan passengers on board of any such vessel in which the provisions and water herein required shall not have been provided as aforesaid, shall, at any time, be put on short allowance during any voyage, the master or owner of any such vessel shall pay to each and every passenger who shall have been put on short allowance, the sum of three dollars for each and every day they may have been put on short allowance, to be recovered in the circuit or district court of the United States. And it shall be the duty of the captain or master Cooking. of every such ship or vessel to cause the food and provisions of all the passengers to be well and properly cooked daily, and to be served out and distributed to them at regular and stated hours, by messes, or in such other manner as shall be deemed best and most conducive to the health and comfort of such passengers, of which hours and manner of distribution, due and sufficient notice shall be given. If the captain or master of any Violation a mu such ship or vessel shall wilfully fail to furnish and distribute such provisions, cooked as aforesaid, he shall be deemed guilty of a misdemeanor, and upon conviction thereof before any circuit or district court of the United States, shall be fined not more than one thousand dollars, and shall be imprisoned for a term not exceeding one year: Provided, That the enforcement of this penalty shall not affect the civil responsibility of the captain or master and owners, to such passengers as may have suffered from said default. demeanor. Ibid. 27. cleanliness to be enforced. 7. The captain of any such vessel so employed, is hereby authorized to maintain good discipline and such habits of cleanliness among such passengers as will tend to the pre- Discipline and servation and promotion of health; and to that end he shall cause such regulations as he may adopt for this purpose to be posted up, before sailing, on board such vessel, in a place accessible to such passengers, and shall keep the same so posted up during the voyage. And it is hereby made the duty of said captain to cause the apartments occupied by such passengers to be kept at all times in a clean, healthy state; and the owners of every such vessel so employed, are required to construct the decks and all parts of said apartment so that it can be thoroughly cleansed; and they shall also provide a safe Privies or waterconvenient privy or watercloset for the exclusive use of every one hundred such passengers. And when the weather is such that said passengers cannot be mustered on deck with their bedding, it shall be the duty of the captain of every such vessel to cause the Cleansing of deck, occupied by such passengers, to be cleansed with chloride of lime, or some other equally efficient disinfecting agent, and also at such other times as said captain may deem necessary. closets. lower deck. Ibid. 28. 8. The master and owner or owners of any such vessel so employed, which shall not be provided with the house or houses over the passage-ways, as prescribed in the third Penalties on mas section of this chapter; or with ventilators, as prescribed in the fourth section of this ters and owners chapter; or with the cambooses or cooking ranges, with the houses over them, as prescribed in the fifth section of this chapter; shall severally forfeit and pay to the United States the sum of two hundred dollars for each and every violation of, or neglect to conform to, the provisions of each of said sections; and fifty dollars for each and every neglect or violation of any of the provisions of the seventh section of this chapter; to be recovered by suit in any circuit or district court of the United States within the juris- How recoverable. diction of which the said vessel may arrive, or from which she may be about to depart, or at any place within the jurisdiction of such courts, wherever the owner or owners, or captain of such vessel, may be found. Inspection of 3 March 1955 29. 9. The collector of the customs at any port of the United States, at which any vessel so employed shall arrive, or from which any such vessel shall be about to depart, shall passenger ships. appoint and direct one or more of the inspectors of the customs for such port, to examine such vessel, and report in writing to such collector, whether the requirements of law have been complied with in respect to such vessel; and if such report shall state such compliance, and shall be approved by such collector, it shall be deemed and held as prima facie evidence thereof. Ibid. 10. steamships. 10. The provisions, requisitions, penalties and liens of this act, relating to the space To apply to steer in vessels appropriated to the use of passengers, are hereby extended and made appliage passengers in cable to all spaces appropriated to the use of steerage passengers in vessels propelled in whole or in part by steam, and navigating from, to and between the ports, and in manner as in this act named, and to such vessels and to the masters thereof; and so much of the 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 in part by steam, and for other purposes," approved August 30th 1852, as conflicts with this act, is hereby repealed. And the space appropriated to the use of steerage passengers in vessels so as above propelled and navigated, is hereby subject to the supervision and inspection of the collector of the customs at any port of the United States at which any such vessel shall arrive, or from which she shall be about to depart; and the same shall be examined and reported in the same manner and by the same officers by the next preceding section directed to examine and report. Inspection. Ibid. 11. Vessels to and Pacific. 11. The 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 from ports in the United States on the Atlantic or its tributaries, shall be subject to the foregoing provisions regulating the carriage of passengers in merchant vessels, except so much as relates to provisions and water; 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 a sufficient supply of good and wholesome food, properly cooked; 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 the sixth section of this chapter, in case the passengers are put on short allowance of water or provisions. Ibid. 12. Passenger list to manifest. 12. The captain or master of any ship or vessel arriving in the United States, or any of the territories thereof, from any foreign place whatever, at the same time that he be delivered with delivers a manifest of the cargo, and if there be no cargo, then at the time of making report or entry of the ship or vessel, pursuant to law, shall also deliver and report to the collector of the district in which such ship or vessel shall arrive, a list or manifest of all the passengers taken on board of the said ship or vessel at any foreign port or place. In which list or manifest it shall be the duty of the said master to designate particularly the age, sex and occupation of the said passengers respectively, the part of the vessel occupied by each during the voyage, the country to which they severally belong, and that of which it is their intention to become inhabitants; and shall further set forth whether any and what number have died on the voyage; which list or manifest shall be sworn to by the said master, in the same manner as directed by law in relation to the Penalty for neg- manifest of the cargo. And the refusal or neglect of the master aforesaid to comply with the provisions of this section, or any part thereof, shall incur the same penalties, disabilities and forfeitures as are provided for a refusal or neglect to report and deliver a manifest of the cargo aforesaid. lect. Ibid. 13. Collectors to 13. Each and every collector of the customs, to whom such manifest or list of passengers as aforesaid shall be delivered, shall, quarter-yearly, return copies thereof to the make quarterly secretary of state of the United States, by whom statements of the same shall be laid before congress at each and every session. returns. Ibid. 14. on board. 14. In case there shall have occurred on board any ship or vessel arriving at any port Payment for each or place within the United States or its territories, any death or deaths among the pasdeath occurring sengers, (other than cabin passengers) the master, or captain, or owner or consignee of such ship or vessel, shall, within twenty-four hours after the time within which the report and list or manifest of passengers mentioned in section twelve of this act, is required to be delivered to the collector of the customs, pay to the said collector the sum of ten dollars for each and every passenger above the age of eight years, who shall have How appropria died on the voyage by natural disease. And the said collector shall pay the money thus received, at such times and in such manner as the secretary of the treasury, by general rules, shall direct, to any board or commission appointed by and acting under the authority of the state within which the port where such ship or vessel arrived is situated, for the care and protection of sick, indigent or destitute emigrants, to be applied to the objects of their appointment. And if there be more than one board or commission who shall claim such payment, the secretary of the treasury, for the time being, shall deter ted. |