by the owner of such fishing vessel or his agent. Act June 19, 1813, § 1.

§ 492. Vessels to be inspected before proceeding on voyage. Every vessel for which bounty is intended to be claimed must be examined, previous to her departure on a fishing voyage, by the proper officer of the customs, designated for that duty by the collector of the district where her license was issued, or some other district. Such officer will certify in writing whether she is seaworthy, and duly fitted with proper ground tackle, and other necessary equipment; describing her fishing gear, and stating whether she has a sufficient crew for her tunnage; and whether the master and three fourths of the crew are citizens of the United States. Such certificate must be obtained in all cases. And in vessels of twenty tuns and upward, it should appear by this certificate whether the fishing agreement has been duly executed by the parties as required by law. Gen. Reg. Art. 735.

§ 493. What proofs are required to be produced to obtain bounty. In the case of a vessel of the burden of twenty tuns and upward, the owner or owners, his or their agent or lawful representative, shall, previous to receiving the allowance made by this act, produce to the collector who is authorized to pay the same, the original agreement or agreements which may have been made with the fishermen employed on board such vessel, as is hereinbefore required, and also a certificate, to be by him or them subscribed, therein mentioning the particular days on which such vessel sailed and returned on the several voyages or fares she may have made in the preceding fishing season, to the truth of which he or they shall swear or affirm, before the collector aforesaid. July 29, 1813, § 7.

Act.

In the case of a boat or vessel of more than five and less than twenty tuns burden, an account from the owner of such boat or vessel must be produced, showing that there have been landed therefrom, during the preceding season, at least twelve quintals of fish, when dried and cured fit for exportation, according to the weight thereof at the time of delivery when actually sold, for each tun of the admeasurement of such boat or vessel; the original adjustment and settlement of the fare or fares among the owners and the fishermen of such boat or vessel; a written account of the length, breadth, and depth of such boat or vessel, and the time she has actually been employed at sea in the cod fishery exclusively in the preceding season; and the affidavit or affirmation of the owner or his

agent, showing that each of these documents is true. Ibid. § 6.

§ 494. Journals or log books to be kept and produced. - A regular journal or log book, therefore, must be kept, day by day, on board a fishing vessel while at sea. It must contain the dates of her departure from and arrival at every port or place she may touch at during her voyages or fares, and the employment of the vessel while at sea; and also daily or weekly entries of the catch of fish by each person on board. Unless the original journal or log is produced to the collector, duly verified by the oath or affirmation of the master or skipper of said vessel, it will not be considered that the necessary evidence of the employment of a fishing vessel at sea in the cod fishery is presented. Gen. Reg. Art. 736.

§ 495. Conditions and restrictions under which only bounty may be allowed. To entitle a fishing vessel to bounty, she must be shown to have been employed at sea exclusively in catching codfish, for the purpose of being dried or dry cured, during the period prescribed by law. It is not required that the entire period be embraced in one voyage, or fare, or in voyages or fares immediately succeeding each other; but it is indispensable to the allowance of bounty that the period required shall be comprehended in distinct voyages or fares in which no other kind of fishery is pursued. No part of a fare or voyage in which halibut, mackerel, or any other fish, are taken as an object of pursuit, as well as cod, can be reckoned as a portion of the time required by law; where other fish are taken merely as bait for cod, or as food for the crew, no objection will be made, as such taking is regarded as strictly subsidiary to the cod fishery; but if such other fish remain on board until the close of the fare or voyage, and are carried into port, the fare or voyage must be regarded as one of mixed fishery, which can not be taken into the computation of the time required by law for the allowance of bounty. A vessel may be exclusively employed in the codfishery at sea, for one, two, or three months, in a distinct fare or fares in the first part of the fishing season; then pursue the mackerel fishery under the license required by law; afterwards may surrender her mackerel license, and then complete the period required by law by another distinct fare or fares, of exclusive employment in the codfishery, previous to the last day of November. But the taking of mackerel by any vessel under cod-fishing license, except as bait or food for her crew, is regarded as a violation of the license laws. Such illegal fishery during any season

will forfeit all claim to bounty for that season; and when the fact is known to any collector, he is instructed to refuse the allowance thereafter accordingly. Vessels employed in taking any kind of fish for sale and consumption in a fresh or green condition, as well as fish to be preserved by pickling, are not within the bounty laws; and no voyages or fares, in which such fisheries are pursued, can be lawfully computed as any part of the period required for the allowance of bounty. Reg. Art. 740, 741.

Gen.

Ves

§ 496. When vessel is wrecked, bounty, how obtained. sels exclusively employed at sea in the cod fishery the full time required to entitle them to bounty, and afterward wrecked, may be allowed bounty under the provisions of the act of 26th May, 1824, which requires the evidence of the loss of the vessel to be transmitted to the comptroller for his decision thereon. Under the act of 3d March, 1849, this duty has been transferred to the commissioner of the customs, to whom the proof, certified by the collector of the district to which the vessel belonged, should be sent for his official direction thereIbid. Art. 743.

on.

CARRIAGE OF PASSENGERS IN STEAMSHIPS AND OTHER VESSELS.

497. Number of passengers to be proportioned to tunnage and space - Penalty for excess. No master of vessel

any 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 tuns 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. The spaces appropriated

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1 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 tuns of said vessel's tunnage 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

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 hight 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 hight 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 hight 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 tunnage aforesaid, with intent to carry the same to any

number of passengers than one to every two tuns of her tunnage measurement, yet if the number shall exceed that allowed by her tunnage measurement, the penalties imposed by the law would attach; or if her tunnage 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 tunnage 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. Gen. Reg. Art. 169.

1 In order to determine the number of passengers a vessel is entitled to carry in accordance with the spaces prescribed by this act, the hight between the decks must be measured, not as heretofore directed, from the bottom edge of the carlings or deck beams, but from the under surface of the upper deck to the top floor below; and no space shall be considered available for passengers that has not, when measured in this manner, the hight 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 inclosures prepared for the purpose, the hight between decks shall be measured from the under surface of the upper deck to the upper surface of said lockers or inclosed 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 inclosed 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 6 108 feet; two-decked vessels, 14 by 7105 feet. Gen. Reg Art. 161.

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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 bẻ 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 inclosures 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 inclosed 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 hight 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. Act March 3, 1855, § 1.

498. Provision respecting berths, number of tiers, distance apart, length, width, &c. No such vessel shall have more than two tiers of berths, and the interval between 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

1 The incumbering by merchandise or stores, not the personal baggage of the passengers, except in lockers or inclosures prepared for the purpose, of any part of the space occupied by the passengers, will vitiate the whole space, unless the part so incumbered 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. Gen. Reg. Art. 161.