« AnteriorContinuar »
court for the benefit of the losers.
be deemed the owners.
deemed a sufficient compliance with the requirements of this act, on the abandon his interest to a trus- part of such owner or owners, if he or they shall transfer his or their intee appointed by ierest in such vessel and freight, for the benefit of such claimants, to a
trustee, to be appointed by any court of competent jurisdiction, to act as such trustee for the person or persons who may prove to be legally entitled thereto, from and after which transfer, all claims and proceedings
against the owner or owners shall cease. Charterers, in
Sec. 5. That the charterer or charterers of any ship or vessel, in case certain cases, to he or they shall man, victual and navigate such vessel at his or their own
expense, or by his or their own procurement, shall be deemed the owner or owners of such vessel within the meaning of this act; and such ship or vessel, when so chartered, shall be liable in the same manner as if navi
gated by the owner or owners thereof. Remedies Sec. 6. That nothing in the preceding sections shall be construed to against masters, take away or affect the remedy to which any party may be entitled, duct, &c. not against the master, officers, or mariners, for or on account of any embez
zlement, injury, loss, or destruction of goods, wares, merchandise, or other property, put on board any ship or vessel, or on account of any negligence, fraud, or other malversation of such master, officers, or mariners, respectively, nor shall anything herein contained lessen or take away any responsibility to which any master or mariner of any ship or vessel may now by law be liable, notwithstanding such master or mariner may be an owner
or part owner of the ship or vessel. Penalty for
Sec. 7. That any person or persons shipping oil of vitriol, unslacked vitriol, &c. with- lime, inflammable matches, or gunpowder, in a ship or vessel taking cargo out giving no- for divers persons on freight, without delivering, at the time of shipment,
a note in writing, expressing the nature and character of such merchandise, to the master, mate, officer, or person in charge of the lading of the
ship or vessel, shall forfeit to the United States one thousand dollars. Act not to This act shall not apply to the owner or owners of any canal boat, apply to canal
barge, or lighter, or to any vessel of any description whatsoever, used in boats, &c. or to vessels employed rivers or inland navigation. in river naviga
No. 333. — June 19, 1852. Stat. at Large, [No. 12.) Joint Resolution changing the Name of St. Peter's River, in Minnesota Vol. X. p. 147.
Territory. St. Peter's
Resolved, &c. That from and after the passage of this act the river in called Minne
the Territory of Minnesota heretofore known as the Saint Peter's shall be sota River. known and designated on the public records as the Minnesota River.
River to be
No. 334. — JULY 21, 1852. Stat. at Large, CHAP. LXVIII. - An Act to authorize the President of the United States to designate Vol. I. p. 24. the Places for the Ports of Entry and Delivery for the Collection Districts of Puyet's
Sound and Umpqua, in the Territory of Oregon, and to fix the Compensation of the Col
lector at Astoria, in suid Territory. Ports of entry Be it enacted, &c. [That the President of the United States be, and he is hereby in collection dis
authorized to designate the places for the ports of entry for the collection districts of tricts of Puget's Puget's Sound and Umpqua, in the Territory of Oregon, upon receiving satisfactory Umpqua.
information as to the best location for said ports, instead of the places now established 1862, ch. 112. by law in said districts respectively.] 1864, ch. 122. Sec. 2. That the annual compensation of the collector at Astoria, in Pay of collec- the collection district of Oregon, in said Territory, be, and the same is tor at Astoria. 1848, ch.178, 923. hereby fixed at the sum of three thousand dollars, including the fees of his
office, commencing on the first day of July, in the year one thousand eight hundred and fitty ; and in no event shall he be allowed a greater amount 'than said sum of three thousand dollars, so including the present fees of his office as aforesaid.
No. 335.— AUGUST 30, 1852.
CHAP. XCVI. - An Act authorizing Imported Goods, Wares, and Merchandise, entered
Stat. at Large, and bonded for Warehousing in Pursuance of Law, to be exported by certain Routes to Vol. X. p. 37. Ports or Places in Mexico.
Be it enacted, &c. That any imported goods in the original packages Provision for which shall have been duly entered and bonded, in pursuance of the ware- export to Mexhousing act, of sixth August, eighteen hundred and forty-six, may be with- imports. drawn from warehouse at any time within two years from the original im- 1846, ch. 84. portation for immediate exportation, without payment of duties, under the
Ante, p. 293. provisions of the act aforesaid, to Chihuahua, in Mexico, by the routes
1845, ch. 70. designated in the first section of the act of the third March, eighteen hun- Ante, p. 288. dred and forty-five, or by such routes as may be designated by the Secretary of the Treasury; and likewise, that any imported merchandise duly entered and bonded at Point Isabel, in the collection district of Brazos de Santiago, or inported and bonded at any other port of the United States, and transported thence in bond, and duly re-warehoused at Point Isabel in pursuance of the provisions of the warehousing law of August sixth, eighteen hundred and forty-six, may be withdrawn
1846, ch. 84.
Ante, p. 293. from warehouse at any time within two years from the date of original importation into the United States for immediate exportation, without payment of duties under the provisions of the warehousing act aforesaid, to ports and places in Mexico, by land or water, or partly by land and partly by water, or by such routes as may be designated by the Secretary of the Treasury.
Sec. 2. That any imported merchandise duly entered and bonded at Same subject. any port of the United States may be withdrawn from warehouse at any time within two years from the date of importation, without payment of duties, in pursuance of the provisions of the warehousing law of sixth August, eighteen hundred and forty-six, for immediate exportation for San Fernando, Paso del Norte, and Chihuahua, in Mexico, through the port of La Vaca, in the collection district of Saluria, in the State of Texas, and be transhipped inland, thence to San Antonio in said State, and from the latter place to the destinations in Mexico aforesaid, either by way of Eagle Pass, the Presidio del Norte, and San Elizario, all on the Rio Grande; and the Secretary of the Treasury shall be and is hereby authorized to prescribe such regulations not inconsistent with law, as he may deem proper and necessary, respecting the packing, marking, inspection, proof of due delivery at their foreign destinations of the imports authorized by this and the foregoing section of this act, to be exported from warehouse to ports and places in Mexico, and for the due protection in other respects of the public revenue.
Sec. 3. That the Secretary of the Treasury shall appoint inspectors of Provision for the customs to reside at San Antonio, Eagle Pass, the Presidio del Norte, additional inand San Elizario, or at such other points on the routes as he may desig- spectors of the nate, not exceeding four in number, who shall each receive an annual sal- business. ary of two hundred and fifty dollars, and who shall make a report semi
To make a annually to the Secretary of the Treasury, of all the trade that passes semi-annual reunder inspection, stating the number of packages, description of goods, port. their value, and the names of the exporters.
Sec. 4. That no goods, wares, or merchandise exported out of the limits Goods exported of the United States, according to the provisions of this act, shall be vol- under this act untarily landed or brought into the United States ; and on being so landed not to be reimor brought into the United States, they shall be forfeited, and the same penalty of forproceedings shall be had for their condemnation and the distribution of the feiture. proceeds of their sales as in other cases of forfeiture of goods illegally im- concerned in
Penalty on all ported; and every person concerned in the voluntary landing or bringing such reimportasuch goods into the United States shall be liable to a penalty of four hun- tion. dred dollars,
Inconsistent acts repealed.
Sec. 5. That all acts and parts of acts inconsistent with the provisions of the foregoing act, be and the same are hereby repealed.
visions of this
No. 336. - AUGUST 30, 1852. Stat. at Large, CHAP. CVI. - An Act to amend an Act entilled "An Art to provide for the betler Vol. X. p. 61. Security of the Lives of Passengers on board of Vessels propelled in whole or in part by 1838, ch. 191. Steam," and for other Purposes. No papers to
Be it enacted, &c. That no license, register, or enrolment, under the issue to any
provisions of this or the act to which this is an amendment, shall be steamboat carrying passen
granted, or other papers issued by any collector, to any vessel propelled gers, till the pro- in whole or in part by steam, and carrying passengers, until he shall have act are complied
satisfactory evidence that all the provisions of this act have been fully comwith.
plied with; and if any such vessel shall be navigated, with passengers on Penalty for
board, without complying with the terms of this act, the owners thereof navigating steamboats with and the vessel itself shall be subject to the penalties contained in the secpassengers with- ond section of the act to which this is an amendment. out such compli
Sec. 2. That it shall be the duty of the inspectors of the hulls of steam1838, ch. 191, 92. ers, and the inspectors of boilers and engines, appointed under the pro
Precautions visions of this act, to examine and see that suitable and safe provisions are against fire.
made throughout such vessel to guard against loss or danger from fire ; and no license or other papers, on any application, shall be granted, if the provisions of this act for preventing tires are not complied with, or if any combustible material liable to take fire from heated iron, or any other heat generated on board of such vessels in and about the boilers, pipes, or machinery, shall be placed at less than eighteen inches distant from such heated metal or other substance likely to cause ignition, unless a column of air or water intervenes between such heated surface and any wood or other combustible material so exposed, sufficient at all times, and under all circumstances, to prevent ignition ; and further, when wood is so exposed to ignition, as an additional preventive, it shall be shielded by some incom
bustible material in such manner as to leave the air to circulate freely beMay be varied tween such material and the wood. Provided, however, That when the from when im
structure of such steamers is such, or the arrangement of the boilers or practicable.
machinery is such that the requirements aforesaid cannot, without serious inconvenience or sacrifice, be complied with, inspectors may vary there
from, if in their judgment it can be done with safety. Provision as to SEC. 3. That every vessel so propelled by steam, and carrying passenpumps.
gers, shall have not less than three double-acting forcing-pumps, with chamber at least four inches in diameter, two to be worked by hand and one by steam, if steam can be employed, otherwise by hand; one whereof
shall be placed near the stern, one near the stem, and one amidship ; each Hose. having a suitable, well-fitted hose, of at least two thirds the length of the
vessel, kept at all times in perfect order and ready for immediate use; each of which pumps shall also be supplied with water by a pipe connected
therewith, and passing through the side of the vessel, so low as to be at all Proviso as to times in the water when she is afloat: Provided, That, in steamers not exthe number of
ceeding two hundred tons' measurement, two of said pumps may be dispumps.
pensed with ; and in steamers of over two hundred tons, and not exceeding five hundred tons' measurement, one of said pumps may be dispensed
with. Provision as Sec. 4. That every such vessel, carrying passengers, shall have at least to boats.
two good and suitable boats, supplied with oars, in good condition at all times for service, one of which boats shall be a life-boat made of metal, fire-proof, and in all respects a good, substantial, safe sea boat, capable of sustaining, inside and outside, fifty persons, with life-lines attached to the gunwale, at suitable distances. And every such vessel of more than five hundred tons, and not exceeding eight hundred tons' measurement, shall have three life-boats; and every such vessel of more than eight hundred
tons, and not exceeding fifteen hundred tons' measurement, shall have four life-boats; and every such vessel of more than fifteen hundred tons' measurement, shall have six life-boats — all of which boats shall be well furnished with oars and other necessary apparatus: Provided, however, The Proviso as to
steamers naviinspectors are hereby authorized to exempt steamers navigating rivers
gating rivers only, from the obligation to carry, of the life-boats herein provided for, only. more than one, the same being of suitable dimensions, made of metal and furnished with all necessary apparatus for use and safety — such steamers having other suitable provisions for the preservation of life in case of fire or other disaster. Sec. 5. That every such vessel, carrying passengers, shall also be
Provision for pro
life-preservers, vided with a good life-preserver, made of suitable material, or float well floats, axes, adapted to the purpose, for each and every passenger, which life-preservers buckets. and floats shall always be kept in convenient and accessible places in such vessel, and in readiness for the use of the passengers; and every such vessel shall also keep twenty fire-buckets and five axes; and there shall be kept on board every such vessel exceeding five hundred tons' measurement, buckets and axes after the rate of their tonnage, as follows: on every vessel of six hundred tons' measurement, five buckets and one axe for each one hundred tons' measurement, decreasing this proportion as the tonnage of the vessel increases, so that any such vessel of thirty-five hundred tons, and all such vessels exceeding the same shall not be required to keep but three buckets for each one hundred tons of measurement, and but one axe for every five buckets.
Sec. 6. That every such vessel carrying passengers on the main or Access to the lower deck, shall be provided with sufficient means convenient to such upper deck. passengers for their escape to the upper deck in case of fire or other accident endangering life.
Sec. 7. That no loose hemp shall be carried on board any such vessel ; Provisions renor shall baled hemp be carried on the deck or guards thereof, unless the specting carry
ing certain danbales are compactly pressed and well covered with bagging, or a similar
gerous articles. fabric; nor shall gunpowder, oil of turpentine, oil of vitriol, camphene, or other explosive burning-fluids or materials which ignite by friction, be carried on board any such vessel, as freight, except in cases of special license for that purpose, as hereinafter provided ; and all such articles
License rekept on board as stores, shall be secured in metallic vessels: and every
quired. person who shall knowingly violate any of the provisions of this section, shall pay a penalty of one hundred dollars for each offence, to be recov- Penalty. ered by action of debt in any court of competent jurisdiction.
Sec. 8. That hereafter all gunpowder, oil of turpentine, oil of vitriol, Provisions recamphene, or other explosive burning-fluids, and materials which ignite specting putting by friction, when packed or put up for shipment on board of any such or shipping cervessel, shall be securely packed or put up separately from each other and tain dangerous
articles. from all other articles, and the package, box, cask, or vessel containing the same, shall be distinctly marked on the outside with the name or description of the articles contained therein ; and every person who shall pack or put up, or cause to be packed or put up for shipment on board of any such vessel, any gunpowder, oil of turpentine, oil of vitriol, camphene, or other explosive burning-fluids, or materials which ignite by friction, otherwise than as aforesaid, or shall ship the same, unless packed and marked as aforesaid, on board of any steam-vessel carrying passengers, shall be deemed guilty of a misdemeanor, and punished by a fine not ex- Penalty. ceeding one thousand dollars, or imprisonment not exceeding eighteen months, or both. Sec. 9. That instead of the existing provisions of law for the inspection Provision for
the appointment of steamers and their equipment, and instead of the present system of of two inspecpilotage of such vessels, and the present mode of employing engineers on tors, in certain board the same, the following regulations shall be observed, to wit: The collection discollector or other chief officer of the customs, together with the supervising
inspector for the district, and the judge of the district court of the United States for the district in each of the following collection districts, namely, New Orleans and St. Louis, on the Mississippi River; Louisville, Cincinnati, [Wheeling)* and Pittsbury, on the Ohio River; Buffalo and Cleveland, on Lake Erie ; Detroit, upon Detroit River; Nashville, upon the Cumberland River; Chicago, on Lake Michigan ; Oswego, on Lake Ontario; Burlington, in Vermont; Galveston, in Texas; Mobile, in Alabama ; Savannah, in Georgia ; Charleston, in South Carolina; Norfolk, in Virginia; Baltimore, in Maryland; Philadelphia, in Pennsylvania; New York, in New York; New London, in Connecticut; Boston, in Massachusetts; Portland, in Maine; and San Francisco, in California shall designate two * inspectors, of good character and suitable qualifications to perform the services required of them by this act within the respective districts for which they shall be appointed, one of whom, from his practical knowledge of ship-building, and the uses of steam in navigation, shall be fully competent to make a reliable estimate of the strength, seaworthiness, and other qualities of the hulls of steamers and their equip
ment, deemed essential to safety of life, when such vessels are employed One to be in the carriage of passengers, to be called the Inspector of Hulls; the called Inspector other of whom, from his knowledge and experience of the duties of an en
gineer employed in navigating vessels by steam, and also in the construction and use of boilers, and the machinery and appurtenances therewith connected, shall be able to form a reliable opinion of the quality of the material, the strength, form, and workmanship, and suitableness of such boilers and machinery to be employed in the carriage of passengers, without hazard to life, from imperfections in the material, workmanship, or
arrangement of any part of such apparatus for steaming, to be called The other to be the Inspector of Boilers; and these two persons thus designated, if apcalled Inspector of Boilers. proved by the Secretary of the Treasury, shall be, from the time of such
Approval of designation, inspectors, empowered and required to perform the duties appointment.
herein specified, to wit: Provision for
First. Upon application in writing by the master or owner, they shall, the inspection, at least yearly, once in every year at least, carefully inspect the hull of each steamer beof steamboats longing to their respective districts and employed in the carriage of pascarrying passen
sengers, and shall satisfy themselves that every such vessel so submitted to their inspection is of a structure suitable for the service in which she is to be employed, has suitable accommodations for her crew and passengers, and is in a condition to warrant the belief that she may be used in navigation as a steamer, with safety to life, and that all the requirements of law
in regard to fires, boats, pumps, hose, life-preservers, Hoats, and other Inspectors may things, are faithfully complied with ; and if they deem it expedient, they bosit to be put in may direct the vessel to be put in motion, and may adopt any other suitmotion. able means to test her sufficiency and that of her equipment.
Inspection of Second. They shall also inspect the bojlers of sueh steamers before the the boilers.
same shall be used, and once in every year thereafter, subjecting them to a hydrostatic pressure, the limit to which, not exceeding one hundred and sixty-five pounds to the square inch for high-pressure boilers, may be prescribed by the owner or the master, and shall satisfy themselves by examination and experimental trials, that the boilers are well made of good and suitable material; that the openings for the passage of water and steam respectively, and all pipes and tubes exposed to heat are of proper dimensions, and free from obstruction; that the spaces between the flues are suflicient and that the fire line of the furnace is below the prescribed water-line of the boilers; and that such boilers and the machinery and the appurtenances may be safely employed in the service proposed in the written application, without peril to life; and shall also satisfy themselves
Repealed as to Wheeling, 1864, ch. 113, $ 2, and extended to the ports of Portland, in Oregon, and Memphis, in Tennessee. Ibid. y 1.