ACTS OF CONGRESS RELATING TO STEAMBOATS. COLLATED WITH THE ROLLS AT WASHINGTON. BOSTON: LITTLE, BROWN AND COMPANY. BUFFALO: DERBY & CO. PITTSBURGH: W. S. HAVEN. CINCINNATI: H. W. DERBY & CO. CHICAGO: A. H. & C. BURLEY. NEW ORLEANS: J. B. STEELE. 1853. Entered according to Act of Congress, in the year 1852, by LITTLE, BROWN AND COMPANY, in the Clerk's Office of the District Court of the District of Massachusetts. CAMBRIDGE: STEREOTYPED BY METCALF AND COMPANY, PRINTERS TO THE UNIVERSITY. ADVERTISEMENT. THIS collection of the Acts of Congress relating to Steamboats contains the following Acts β€” PAGE An Act respecting the Enrolling and Licensing of Steamboats. March 12, 1812......... 39 An Act to authorize the Register or Enrolment and License to be issued in the Name of the President or Secretary of any incorporated Company owning a Steamboat or Vessel. March 3, 1825............ 37 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. July 7, 1838......... 29 An Act to modify the 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," approved July 7, 1838. March 3, 1843......., 35 An Act making Appropriations for Lighthouses, Lighboats, Buoys, &c., and providing for the Erection and Establishment of the same, and for other Purposes. March 3, 1849... 34 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. August 30, 1852....... 1 As we are the official publishers of the Acts of Congress, its accuracy may be implicitly relied on. It is published for the use of the many persons interested in the navigation and construction of steamboats. The Index will be found to be very copious. LITTLE, BROWN & CO. BOSTON, September, 1852. ADVERTISEMENT. THIS collection of the Acts of Congress relating to Steamboats contains the following Acts β€” PAGE An Act respecting the Enrolling and Licensing of Steamboats. March 12, 1812......... 39 An Act to authorize the Register or Enrolment and License to be issued in the Name of the President or Secretary of any incorporated Company owning a Steamboat or Vessel. March 3, 1825............ 37 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. July 7, 1838......... 29 An Act to modify the 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," approved July 7, 1838. March 3, 1843......., 35 An Act making Appropriations for Lighthouses, Lighboats, Buoys, &c., and providing for the Erection and Establishment of the same, and for other Purposes. March 3, 1849... 34 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. August 30, 1852....... 1 As we are the official publishers of the Acts of Congress, its accuracy may be implicitly relied on. It is published for the use of the many persons interested in the navigation and construction of steamboats. The Index will be found to be very copious. LITTLE, BROWN & CO. BOSTON, September, 1852. ACTS OF CONGRESS RELATING TO STEAMBOATS. STEAMBOAT ACT OF AUGUST 30, 1852. CHAPTER 106. An Act to amend an Act entitled " An Act to providefor the better Security of the Lives of Passengers on board of Vessels propelled in whole or in part by Steam," and for other Purposes.* SECTION. SECTION. 1. No papers to issue to any steam- and their accommodations to be boat carrying passengers till the inspected at least yearly. Inspecprovisions of this act are com- tors may direct steamboats to be plied with. Penalty for navigat- put in motion. Second. Inspecing such steamboats without com- tion of boilers. Pressure to which plying with the provisions of this they are to be subjected. Provisact. ions respecting the flues, materi2. Precautions against fire. als, fire-line, water-line, safety3. Provision as to pumps and hose. valves, gauge-cocks, fusible plugs. 4. Provision as to boats. Third. Mode of subjecting boilers 5. Provision for life-preservers, floats, to hydrostatic pressure. Degree axes, and buckets. of pressure to be allowed. Certi6. Access to the upper deck. fled pressure not to be exceeded. 7. Provisions respecting carrying cer- Fourth. Form of certificate of tain dangerous articles. License inspectors. To be signed and required. Penalty for violation sworn to. Reasons to be given of the provisions. in writing when certificate is re8. Same subject. Penalty for putting fused. Fifth. License to carry up for shipment or shipping said gunpowder and other enumerated articles. dangerous articles. License may 9. Appointment of an inspector of be revoked. Sixth. Record to be hulls and an inspector of boilers kept of all certificates of inspecin certain designated districts. tion, whether of approval or disTheir qualifications. Their du- approval, licenses, and revocaties. First. Hulls of steamboats tions. Originals to be delivered to * The act of which this is an amendment will be found post, p. 29. The other acts of Congress relative to the subject of steamboats are the acts of 1812, ch. 40, post, p. 39; of 1825, ch. 99, post, p. 37; of 1843, ch. 94, post, p. 35; of 1849, ch. 105, ~ 5, post, p. 34. 1 ACTS OF CONGRESS Aug. 30, 1852. SEcTION. SECTION. the collector. Report to be made 12. Penalty for allowing the water to of all their doings to the super- fall in the boiler within three vising inspector. Seventh. Pilots inches above the flue. a and engineers to be licensed and 13. Boilers to be hereafter made of classified. Eighth. Examination stamped plates. and classification of engineers. 14. IExamination of boiler-plates. Ninth. Examination of pilots. Qualities of material required. Licenses of engineers and pilots 15. Boiler-plates to be stamped with revocable. Appeal from refusal name of manufacturer, &c. to grant a certificate of inspection 16. Penalty for making or using boilor a license. Tenth. Employ- ers made hereafter of unstamped ment of unlicensed engineers or materials. pilots forbidden (except in cer- 17. Penalty for counterfeiting such tain cases of necessity), under a stamps, and for false stamps. penalty. Eleventh. Other inspec- Person using stamp of another to tions than said annual ones to be be liable. made. Inspector may then make 18. Nine supervising inspectors to be further requirements. Appeal appointed. Their qualifications. from such requirements. Penalty Their pay and expenses. To for navigating steamers in disre- meet at least yearly, and to estabgard of such requirements. Where lish rules and assign limits. Travrepairs may be made. How far elling expenses. Transportation boards of inspectors are bound by of instruments. Secretary of the the acts of other boards. Twelfth. Treasury to pay them and the loInspection of steamers in districts cal inspectors. where there is no local board of 19. Duties of the supervising inspecinspectors. Thirteenth. Power to tors. Masters, engineers, and pisummon and compel attendance lots required to answer their quesof witnesses. Examination with tions and give information. a view to revocation or suspen- 20. Supervising inspectors to report sion of licenses. Fees of wit- to the local boards violations of nesses. Paid out of the revenues this law, and to report failures of provided in this act. Fourteenth. the local board to do its duty. Board of inspectors to report all Removal of delinquent inspector. their doings to the chief officer of 21. Supervising inspectors to superthe customs, and also all omis- vise the local boards. sions or refusals to comply with 22. Inspection in districts where there the law. Fifteenth. Pilots, engi- is no local board, or it is inconneers, and mates to assist inspec- venient to resort to it. No intors in their examinations, to point spector to act in any case where out imperfections, and to notify he is interested or associated in them of serious accidents. In business with those interested. default thereof, licenses may be Inspections by interested inspecrevoked. tor to be void. 10. Provisions respecting the number 23. Collectors to report to each other of passengers, their food and ac- names of persons licensed, or recommodations, and detentions on fused a license, or whose licenses the voyage. Penalties. Vessel have been revoked or suspended, to be released on giving bond. and tile names of vessels violat11. Penalty for obstructing or derang- ing this act. ing the means of regulating or 24. Collectors, &c. and inspectors to indicating the pressure of steam enforce this law under penalty of or approach of danger. loss of office and a fine. RELATING TO STEAMBOATS. 3 SEcnoN, SECTION. 30, 1852. 25. Original certificates of inspection vide instruments for testing the to be kept by the collector, and strength of boilers. two certified copies to be made 35. List of passengers to be kept, and out, one of which must be kept to be open to inspection. Penposted in a conspicuous place in alty for neglect to keep said list. the steamer. Penalty for receiv- This penalty, and that for excess ing or carrying passengers where of passengers, to be a lien on the the copy is not so kept posted, or vessel. Bond maybe given. where said dangerous articles are 36. Two copies of this act to be furcarried without a license and a nished to each steamer. Penalty certified copy thereof kept posted, for unreasonably refusing to exor are stowed in an unauthorized hibit them to passengers, or not manner. keeping them on board. 26. Penalty for false certificate by in- 37. Inspectors who receive any fees spector. or rewards for their services 27. Penalty for navigating a vessel except those prescribed in this not conforming to the require- act, to lose their offices, and to be ments of the certificate. Excep- fined or imprisoned, or both. tion in cases of deficiency from 38. Pilots and engineers to take an oath dangers of navigation, if supplied before an inspector before enteras soon as practicable. ing on the duties of their office. 28. When the navigation of rivers be- Penalty for perjury of witnesses. comes dangerous from fog, &c., 39. The supervising inspectors to or accident to the machinery, the gather information on certain steamer to be stopped. If the points relating to steamboats, commander elects to proceed, he and to transmit the same to the and the owners made liable for Secretary of the Treasury. all damage to passengers or 40. Secretary to cause interrogatories their baggage. calculated to elicit information on 29. Supervising board to establish those points to be prepared and rules for passing. Printed copies published, and to report the rethereof to be furnished and kept suit to Congress with his own posted in every steamer. In case recommendations on the subject. of violation or neglect of such 41. Penalties under this act how sued rules, delinquent made liable for for and recovered. damage, and to be fined, and the 42. This act not to apply,-l. to pubvessel not justified in case of col- lic vessels of the United States, 2. lision. to vessels of other countries, 3. to 30. Liability for damage to passen- steamers used as ferry-boats, tuggers or their baggage. boats, towing-boats, nor to steam31. Fees for certificates of inspection ers of not more than one hundred and licenses. To whom paid. and fifty tons used in whole or in To be accounted for quarterly, part on canals. Inspection and and paid into the Treasury. certificate of ocean mail steamers 32. Each inspector to keep a record convertible into war steamers to of all his doings, and report the be made by a chief engineer of the same to the collector on the first Navy. Report to be made by days of each May and Novem- him to Secretary of the Navy ber. and the district supervising in33. Salaries of the district inspec- spector. tors. 43. When this act is to take effect. 34. Secretary of the Treasury to pro- 44. Repeal of inconsistent acts. 4 ACTS OF CONGRESS Aug. 30, 1852. Be it enacted by the Senate and House of Representatives No papers to of the United States of America in Congress assembled, That issue to any no license, register, or enrolment, under the provisions of this steamboat carrying passen- or the act to which this is an amendment, shall be granted, provisions of or other papers issued by any collector, to any vessel prothis at reth pelled in whole or in part by steam, and carrying passengers, until he shall have satisfactory evidence that all the proPenalty for visions of this act have been fully complied with; and if any steamboatng such vessel shall be navigated, with passengers on board, withpassengers without complying with the terms of this act, the owners without such compliance. thereof and the vessel itself shall be subject to the penalties Post, p. 29. contained in the second section of the act to which this is an amendment. Precautions SEC. 2. And be it further enacted, That it shall be the against fire. duty of the inspectors of the hulls of steamers, and the inspectors of boilers and engines, appointed under the provisions of this act, to examine and see that suitable and safe provisions are 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 fires 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 incombustible material in such manner as to leave the air to circulate freely between such material and the wood. Provided, however, May be va- That when the structure of such steamers is such, or the artied from, when impracticable. rangement of the boilers or machinery is such, that the requirements aforesaid cannot, without serious inconvenience or sacrifice, be complied with, inspectors may vary therefrom, if in their judgment it can be done with safety. Provision as SEC. 3. And be it further enacted, That every vessel so to pumps. RELATING TO STEAMBOATS. 5 propelled by steam, and carrying passengers, shall have not Aug. 30, 1852. 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 having a suitable, wellfitted hose, of at least two thirds the length of the vessel, Hose. 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 times in the water when she is afloat: Provided, That, in steamers not exceeding two hundred tons measurement, two of said pumps may be dispensed with; and in steamers of over two hundred tons, and not exceeding five hundred tons measurement, one of said pumps may be dispensed with. SEC. 4. And be it further enacted, That every such vessel, Provisions as carrying passengers, shall have at least two good and suit- to boats. able 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; β€”all of which boats shall be well furnished with oars and other necessary apparatus: Provided, Proviso. however, The inspectors are hereby authorized to exempt steamers navigating rivers )only from the obligation to carry of the life-boats herein provided for 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. And be it further enacted, That every such vessel, fProvisioner 1 * 6 ACTS OF CONGRESS Aug. 30, 1852. carrying passengers, shall also be provided with a good lifeers, axes, buck- preserver, made of suitable material, or float well adapted ets. to the purpose, for each and every passenger, which lifepreservers and floats shall always be kept in convenient and accessible places in such vessel, and in readiness foi 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. Access to the SEC. 6. And be it further enacted, That every such vessel upper deck. carrying passengers on the main or lower deck shall be provided with sufficient means convenient to such passengers for their escape to the upper deck, in case of fire or other accident endangering life. Provisions SEC. 7. And be it further enacted, That no loose hemp reySing certain shall be carried on board any such vessel; nor shall baled dangerousarti- hemp be carried on the deck or guards thereof, unless the cles. bales are compactly pressed and well covered with bagging, or a similar 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 License re- such vessel, as freight, except in cases of special license for quired. that purpose, as hereinafter provided; and all such articles kept on board as stores shall be secured in metallic vessels: and every person who shall knowingly violate any of the Penalty. provisions of this section shall pay a penalty of one hundred dollars for each offence, to be recovered by action of debt in any court of competent jurisdiction. Provisions SEC. 8. And be it further enacted, That hereafter all gunrespecting cer- uspowder, oil of turpentine, oil of vitriol, camphene, or other tain dangcles explosive burning-fluids and materousals which ignite by fricarticles. explosive burning-fluids and materials which ignite by fric RELATING TO STEAMBOATS. 7 tion, when packed or put up for shipment on board of any Aug. 30, 1852. such vessel, shall be securely packed or put up separately from each other and 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 exceeding one thousand dollars, or imprisonment Penalty. not exceeding eighteen months, or both. SEc. 9. And be it further enacted, That instead of the Provision for the appointexisting provisions of law for the inspection of steamers ment of two inand their equipment, and instead of the present system of p ectsicer pilotage of such vessels, and the present mode of employ- districts. ing engineers on board the same, the following regulations shall be observed, to wit: The collector 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 Pittsburg, 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 Their qualifications. the services required of them by this act, within the respective districts for which they shall be appointed, one 8 ACTS OF CONGRESS Aug. 30, 1852. 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 equipment, deemed essential to safety of life, when such vessels are employed in the carriage of passengers, to One to be be called the Inspector of Hulls; the other of whom, from called Inspector of Hulls. his knowledge and experience of the duties of an engineer 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, 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, The other to workmanship, or arrangement of any part of such apparatus be called Inspector of Boil- for steaming, to be called the Inspector of Boilers; and ers. these two persons thus designated, if approved by the SecApproval of retary of the Treasury, shall be, from the time of such desigappointment. nation, inspectors, empowered and required to perform the duties herein specified, to wit: β€” Provision for First. Upon application in writing by the master or the inspection of the hull Of owner, they shall, once in every year at least, carefully insteamboats car- spect the hull of each steamer belonging to their respective rying passengers at least districts and employed in the carriage of passengers. and yearly. 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, floats, and other things, are faithfully complied with; and Inspectors if they deem it expedient, they may direct the vessel to be may direct the steamboat tobe put in motion, and may adopt any other suitable means to put in motion. test her sufficiency and that of her equipment. Inspection of Second. They shall also inspect the boilers of such steamthe boilers. ers before the same shall be used, and once in every year thereafter, subjecting them to a hydrostatic pressure, the RELATING TO STEAMBOATS. 9 limit to which, not exceeding one hundred and sixty-five Aug. 30, 1852. 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 sufficient, 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 that the safety-valves are of suitable dimensions, sufficient in number, well arranged, and in good working order (one of which may, if necessary, in the One of the opinion of the inspectors, to secure safety, be taken wholly mayfee taken from the control of all persons engaged in navigating such from the control of the nayvessel); that there is a suitable number of gauge-cocks igator. properly inserted, and a suitable water-gauge and steamgauge indicating the height of the water and the pressure of the steam; that in or upon the outside flue of each outside high-pressure boiler there is placed in a suitable manner alloyed metals, fusible by the heat of the boiler when raised to the highest working pressure allowed, and that in or upon the top of the flues of all other high-pressure boilers in the steamer such alloyed metals are placed, as aforesaid, fusing at ten pounds greater pressure than said metals on the outside boilers, thereby, in each case, letting steam escape; and that adequate and certain provision is made for an ample supply of water to feed the boilers at all times, whether such vessel is in motion-or not; so that, in high-pressure boilers, the water shall not be less than four inches above the flue: Provided, however, in steamers hereafter supplied with new high-pressure boilers, if the alloy fuses on the outer boilers at a pressure of ten pounds exceeding the working pressure allowed, and at twenty pounds above said pressure on the inner boilers, it shall be a sufficient compliance with this act. 10 ACTS OF CONGRESS Aug. 30, 1852. Third, That in subjecting to the hydrostatic test aforeMode of sub- said boilers called and usually known under the designation pressure boil- of high-pressure boilers, the inspectors shall assume one ers to hydro- hundred and ten pounds to the square inch as the maxistatic pressure. mum pressure allowable as a working power for a new boiler forty-two inches in diameter, made of inspected iron plates at least one fourth of an inch thick, in the' best manner, and of the quality herein required, and shall rate the working power of all high-pressure boilers, whether of greater or less diameter, old or new, according to their strength compared with this standard; and in all cases the test applied shall exceed the working power allowed, in the ratio of one hundred and sixty-five to one hundred and ten, and no highpressure boilers hereafter made shall be rated above this standard: and in subjecting to the test aforesaid that class Low-pressure of boilers usually designated and known as low-pressure boilers, the said inspectors shall allow as a working power of each new boiler a pressure of only three fourths the number of pounds to the square inch to which it shall have been subjected by the hydrostatic test and found to be sufficient therefor, using the water in such tests at a temperature not exceeding sixty degrees Fahrenheit; but should such inspectors be of the opinion, that said boiler by reason of its construction or material will not safely allow so high a working pressure, they may, for reasons to be stated specifically in their certificate, fix the working pressure of said boiler at less than three fourths of said test pressure, and no low-pressure boiler hereafter made shall be rated in its working pressure above the aforesaid standard: and provided that the same rules shall be observed in regard to boilers heretofore made, unless the proportion between such boilers and the cylinders, or some other cause, renders it manifest that its application would be unjust, in which cases the inspectors may depart from these rules, if it can be done with safety; but in no case shall the working pressure allowed Boilers not exceed the hydrostatic test, and no valve under any circumbeyond ted stances shall be loaded or so managed in any way as to subpressure al- ject a boiler to a greater pressure than the amount allowed by the inspectors, nor shall any boiler or pipe be approved RELATING TO STEAMBOATS. 11 which is made in whole or in part of bad material, or is un- Aug. 30, 1852. safe in its form, or dangerous from defective workmanship, Defects in age, use, or any other cause. other respects. Fourth. That when the inspection in detail is completed, Certificate of inspectors. and the inspectors approve of the vessel and her equipment throughout, they shall make and subscribe a certificate to the collector of the district, substantially as follows:State of District of Application having been made in writing by to the subscribers, inspectors for said district, to examine the steamer of whereof are owners, and is master, we having performed that service, now, on this day of A. D. do certify, that she was built in the year, is in all respects stanch, seaworthy, and in good condition for navigation, having suitable means of escape in case of accident from the main to the upper deck, that she is provided with (here insert the number of state-rooms, the number of berths therein, the number of other permanent berths for cabin passengers, the number of berths for deck or other classes of passengers, the number of passengers of each class for whom she has suitable accommodations, and in case of steamers sailing to or from any European port, or to or from any port on the Atlantic or the Pacific a distance of one thousand miles or upwards, the number of each she is permitted to carry, - and in case of a steamer sailing to any other port a distance of five hundred miles or upwards, the number of deck passengers she is permitted to carry; also the number of boilers, and the form, dimensions, and material of which each boiler is made, the thickness of the metal, and when made; if made after this act takes effect, and of iron, whether they are such in all respects as the act requires, whether each boiler has been tried by hydrostatic test, the amount of pressure to the square inch in pounds applied to it, whether the amount allowed as the maximum working power was determined by the rule prescribed by this act, if not, the reason for a departure from it; also the number of safety-valves required, their capacity, the load prescribed for each valve, how many are left in the control of the persons 12 ACTS OF CONGRESS Aug. 30, 1852. navigating the vessel, whether one is withdrawn, and the manner of securing it against interference, also the number and dimensions of supply-pipes, and whether they and the other means provided are sufficient at all times and under all circumstances, when in good order, to keep the water up four inches at least above the top of the flue; also the number and dimensions of the steam-pipes, the number and kind of engines, the dimensions of their cylinders, the number and capacity of the forcing-pumps, and how worked, the number and kind of gauge-cocks, water and steam gauges, where situate, and how secured; also the manner of using alloyed metals, and the pressure at which they are known by the inspectors to fuse; the equipments for the extinguishment of fires, including hose, fire-buckets, and axes; the provisions for saving life in case of accident, including boats, life-preservers, and substitutes therefor, where kept, and all other provisions made on board for the security of the lives of passengers). And we further certify, that the equipment of the vessel throughout, including pipes, pumps, and other means to keep the water up to the point aforesaid, hose, boats, life-preservers, and other things, is in conformity with the provisions of law; and that we declare it to be our deliberate conviction, founded upon the inspection which we have made, that the vessel may be employed as a steamer upon the waters named in the application, without peril to life from any imperfection of form, materials, workmanship, or arrangement of the several parts, or from age or use. And we further certify, that said vessel is to run within the following limits, to wit: from to and back, -touching at intermediate places. Certificate to And which certificate shall be verified by the oaths of the be sworn to. inspectors signing it, before a person competent by law to In case of re- administer oaths. And in case the said inspectors do not fusal to certify, the reasons to grant a certificate of approval, they shall state in writing, be assigned in and sign the same, their reasons for their disapproval. writing. Provision for Fifth. Upon the application of the master or owner of licenses to carry certain dan any steamer employed in the carriage of passengers, for a gerous articles. license to carry gunpowder, oil of turpentine, oil of vitriol, camphene, or other explosive burning-fluids and materials RELATING TO STEAMBOATS. 13 which ignite by friction, or either of them, the inspectors Aug. 30, 1852. shall examine such vessel, and if they find that she is provided with chests or safes composed of metal, or entirely lined therewith, or one or more apartments thoroughly lined with metal at a secure distance from any fire, they may grant a certificate to that effect, authorizing such vessel to License. carry as freight any of the articles aforesaid, those of each description to be secured in such chest, safe, or apartment, containing no other article, and carried at a distance from any fire to be specified in the certificate: Provided, That Rievocation any such certificate may be revoked or annulled at any time by the inspectors, upon proof that either of the said articles have been carried on board said vessel at a place or in a manner not authorized by such certificate, or that any of the provisions of this act in relation thereto have been violated. Sixth. The said inspectors shall keep a regular record of Record of certificates of certificates of inspections of vessels, their boilers, engines, inspection and and machinery, whether of approval or disapproval, and licenses to carwhen recorded the original shall be delivered to the collector of the district; they shall keep a like record of certificates, authorizing gunpowder, oil of turpentine, oil of vitriol, camphene, or other explosive burning-fluids and materials which ignite by friction, or either of them, to be carried Originals to be delivered to as freight, by any such vessel; and when recorded deliver the collector. the originals to said collector; they shall keep a like record Licenses to pilots and enof all licenses to pilots and engineers, and all revocations gineers, and thereof, and shall from time to time report to the supervising threvocationf. inspector of their respective districts, in writing, their de- Report to supervising incisions on all applications for such licenses, or proceedings spector. for the revocation thereof, and all testimony received by them in such proceedings. Seventh. The inspectors shall license and classify all en- Licenses of gineers and pilots of steamers carrying passengers. pilots and engineers. Eighth. Whenever any person, claiming to be qualified Engineers. to perform the duty of engineer upon steamers carrying passengers, shall apply for a certificate, the board of inspectors shall examine the applicant, and the proofs which he produces in support of his claim; and if, upon full consid2 14 ACTS OF CONGRESS Aug. 30, 1852. eration, they are satisfied that his character, habits of life, knowledge, and experience in the duties of an engineer, are all such as to authorize the belief that the applicant is a suitable and safe person to be intrusted with the powers Certificate and duties of such a station, they shall give him a certififor one year. cate to that effect, for one year, signed by them, in which certificate they shall state the time of the examination, and shall assign the appointee to the appropriate class of engineers. Pilots. Ninth. Whenever any person claiming to be a skilful pilot for any such vessel shall offer himself for a license, the said board shall make diligent inquiry as to his character and merits; and if satisfied that he possesses the requisite skill, and is trustworthy and faithful, they shall give him a License for certificate to that effect, licensing him for one year to be a one year and revocable. pilot of any such vessels within the limit prescribed in the certificate; but the license of any such engineer or pilot may be revoked upon proof of negligence, unskilfulness, or Appeal, in inattention to the duties of the station: Provided, however, case of refusal of a pilot's or If, in cases of refusal to license engineers or pilots, and in engineers li- cases of the revocation of any license by the local board of cense, to supervising inspec- inspectors, any engineer or pilot deeming himself wronged tor. by such refusal or revocation may, within thirty days after notice thereof, on application to a supervising inspector, have his case examined anew by such supervising inspector, upon producing a certified copy of the reasons assigned by the local board for their doings in the premises; and such supervising inspector may revoke the decision of such local board of inspectors, and license such pilot or engineer; and Appeal from like proceedings, upon the same conditions, may be had by decision respecting steam- the master or owner of any such vessel, or of any steamboats. boat-boiler, for which the said local board shall have refused, upon inspection, to give a certificate of approval, or shall have notified such master or owner of any repairs necessary after such certificate has been granted. Employment Tenth. It shall be unlawful for any person to employ, or of unlicensed pilots and en- any person to serve as engineer or pilot, on any such vessel, gineers forepbid- who is not licensed by the inspectors; and any one so ofcertain cases of fending shall forfeit one hundred dollars for each offence: necessity. RELATING TO STEAMBOATS. 15 Provided, however, That if a vessel leaves her port with a Aug. 30, 1852. complement of engineers and pilots, and on her voyage is deprived of their services, or the services of any of them, without the consent, fault, or collusion of the master, owner, or any one interested in the vessel, the deficiency may be temporarily supplied, until others, licensed, can be obtained. Eleventh. In addition to the annual inspection, it shall Provision for other than anbe the duty of said board to examine, seasonably, steamers nual inspecarriving and departing, so often as to enable them to detect tions. any neglect to comply with the requirements of law, and also any defects or imperfections becoming apparent after the inspection aforesaid, and tending to render the navigation of the vessel unsafe, which service may be performed by one of the board; and if he shall discover an omission bepairs may be ordered. to comply with the law, or that repairs have become necessary to make the vessel safe, he shall at once notify the master, stating in the notice what is required; and if the master deems the requirements unreasonable or unnecessary, he may take the opinion of the board thereon, and, if dissatisfied with the decision of such board, may apply for Appeal from such order. a reexamination of the case to the supervising inspector, as is hereinbefore provided; and if he shall refuse or neglect to comply with the requirements of the local board, and shall, contrary thereto, and while the same remains unreversed by the supervising inspector, employ the vessel by navigating her, the master and owners shall be liable for any damage Master and to the passengers and their baggage which shall occur from pownersibefor any defects so as aforesaid stated in said notice, which shall damages from neglect to combe in writing, and all inspections and orders shall be prompt- ply with such ly made by the inspectors; and where it can be safely done, order. in their judgment, they shall permit repairs to be made Repairs where those interested can most conveniently do them; and madre to be no inspectors of one district shall modify or annul the do- Doings of ings of the inspectors of another district, in regard to repairs, when they may unless there is a change in the state of things, demanding be modified by more repairs than were thought necessary when the order was made; nor shall the inspectors of one district appoint a Persons reperson coming from another, if such person has been reject- jboard not to be ed for unfitness or want of qualifications. licensed byany other. 16 ACTS OF CONGRESS Aug. 30, 1852. Twelfth. The said board, when thereto requested, shall Inspection of inspect steamers belonging to districts where no such board steamboats is established; and if a certificate of approval is not granted, where there is no local board. no other inspection shall be made by the same or any other No new inspection to be board, until the objections made by the inspectors-are remadeuftil for- moved; and if any vessel shall be navigated after a board remedied. of inspectors have refused to make the collector a certificate Penalty for navigating af- of approval, she shall be liable to the same penalties as if ter refyusal to she had been run without a license: Provided, however, Permit to go That nothing herein contained shall impair the right of the to another districtforrepairs. inspectors to permit such vessel to go to another port for repairs, if, in their opinion, it is safe so to do. Provision to Thirteenth. The said board of inspectors shall have power compel attendance of wit- to summon before them witnesses, and to compel their atnesses, and their exami- tendance by the same process as in courts of law; and, after nation under reasonable time given to the alleged delinquent, at the time and place of investigation to examine said witnesses under oath, touching the performance of their duties by engineers and pilots of any such vessel; and if it shall appear satisfactorily that any such engineer or pilot is incompetent, or that life has been placed in peril by reason of such incompetency, or by negligence or misconduct on the part of any Suspension such person, the board shall immediately suspend or revoke or revocation his license, and report their doings to the chief officer of the of licenses of pilots and en- customs; and the said chief officer of the customs shall pay gineers. Payment of out of the revenues herein provided such sums to any witwitnesses- ness so summoned under the provisions of this act, for his actual travel and attendance, as shall be officially certified, by an inspector hearing the case, upon the back of the summons, not exceeding the rates allowed to a witness for travel and attendance in the Circuit and District Courts of the United States. Reports of Fourteenth. That the said board shall report promptly all said board. their doings to the chief officer of the customs, as well as all omissions or refusals to comply with the provisions of law on the part of any owner or master of any such vessel, propelled in whole or in part by steam, carrying passengers. Mates, and Fifteenth. That it shall at all times be the duty of all licensed pilots and engineers, engineers and pilots licensed under this act, and all mates, RELATING TO STEAMBOATS. 17 to assist the inspectors in the examination of any such ves- Aug. 30, 1852. sels to which any such engineer, mate, or pilot belongs, and to assist said to point out all defects and imperfections in the hull or ap- board and give them informaparatus for steaming, and also to make known to them, at tion, on penalthe earliest opportunity, all accidents occasioning serious tyof revocation of license. injury to the vessel or her equipment, whereby life may be in danger; and in default thereof the license of any such engineer or pilot shall be revoked. SEC. 10. And be it further enacted, That in those cases Provisions where the number of passengers is limited by the inspector's number of pascertificate, it shall not be lawful to take on board of any sengers, detentions on the steamer a greater number of passengers than is certified by passage, and accommodathe inspectors in the certificate; and the master and owners, tions, and penor either of them, shall be liable, to any person suing for the alties. same, to forfeit the amount of passage-money and ten dollars for each passenger beyond the number allowed. And moreover, in all cases of an express or implied undertaking to transport passengers, or to supply them with food and lodging, from place to place, and suitable provision is not made of a full and adequate supply of good and wholesome food and water, and of suitable lodging for all such passengers, or where barges, or other craft, impeding the progress, are taken in tow, for a distance exceeding five hundred miles, without previous and seasonable notice to such passengers, in all such cases the owners and the vessel shall be liable to refund all the money paid for the passage, and to pay also the damage sustained by such default or delay: Provided, however, That, if in any such case a satisfactory Vessel to be bond is given to the marshal, for the benefit of the plaintiff beleased being to secure the satisfaction of such judgment as he may re- given. cover, the vessel shall be released. SEC. 11. And be it further enacted, That if the master of Penalty for a steamer, or any other person, whether acting under orders deranging the or not, shall intentionally load or obstruct, or cause to be means of regulating or indiloaded or obstructed, in any way or manner, the safety valve eating the presor valves of a boiler, or shall employ any other means orsure ofsteam. device whereby the boiler shall be subjected to a greater pressure than the amount allowed by the certificate of the inspectors, or shall be exposed to a greater pressure, or shall 2* 18 ACTS OF CONGRESS Aug. 30, 1852. intentionally derange or hinder the operation of any machinery or device employed to denote the state of the water or steam in any boiler, or to give warning of approaching danger, it shall, in any such case, be a misdemeanor, and any and every person concerned thereini, directly or indirectly, shall forfeit two hundred dollars, and may, at the discretion of the court, be in addition thereto imprisoned not exceeding eighteen months. Penalty for SEC. 12. And be it further enacted, That if at any time allowing the there be a deficiency of water in a boiler, by suffering it to water to fall below a certain fall below three inches above the flue, as prescribed in this line. act, unless the same happens through inevitable accident, the master, if it be by his order, assenti or connivance, and also the engineer, or other person whose duty it is to keep up the supply, shall be guilty of an offence for which they shall severally be fined one hundred dollars each; and if an explosion or collapse happens in consequence of such deficiency, they, or any of them, may be further punished by imprisonment, for a period of not less than six nor more than eighteen months. Boilers to be SEC. 13. And be it further enacted, That hereafter all made of stamped materials. boilers of steamboats made of iron shall be constructed of plates which have been stamped according to the provisions of this act. Examina- SEC. 14. And be it further enacted, That it shall be the tion of boilerplates. duty of such inspectors to ascertain the quality of the material of which the boiler-plates of any such boiler so submitted to their inspection are made; and to satisfy themselves by any suitable means whether the mode of rlanufacturing has been such as to produce iron equal to good iron made with charcoal, such as in their judgment may be used for generating steam-power without hazard to life; and no such Qualities to boiler shall be approved which is made of unsuitable matebe required rial, or of which the manufacture is imperfect, or is not, in their opinion, of suitable strength, or whose plates are less than one fourth of an inch in thickness for a high-pressure boiler of forty-two inches in diameter, and in that proportion of strength according to the maximum of working pressure allowed for high-pressure boilers of greater or less diameter, RELATING TO STEAMBOATS. 19 or which is made of any but wrought iron of a quality equal Aug. 30, 1852. to good iron made with charcoal. SEC. 15. And be it further enacted, That all plates of Boiler-plates boiler-iron shall be distinctly and permanently stamped in to be stamped. such manner as the Secretary of the Treasury shall prescribe, and, if practicable, in such place or places that the mark shall be left visible after the plates are worked into boilers; with the name of the manufacturer, the quality of the iron, and whether or not hammered, and the place where the same is manufactured. SEC. 16. And be it further enacted, That it shall be un- Penalty for lawful to use, in such vessel for generating steam for power, making for use a boiler, or steam-pipe connecting the boilers, made after the made hereafter of unstamped passage of this act, of any iron unless it has been stamped plates. by the manufacturer as herein provided; and if any person shall make, for use in any such vessel, a boiler of iron not so stamped, intended to generate steam for power, he shall, for any such offence, forfeit five hundred dollars, to be recovered in an action of debt by any person suing for the same; and any person using or causing to be used in any such vessel such a boiler to generate steam for power, shall forfeit a like sum for each offence. SEC. 17. And be it further enacted, That if any person Penalty for shall counterfeit the marks and stamps required by this act, fraud,&c., asto or shall falsely stamp any boiler-iron, and be convicted thereof, he shall be fined not exceeding five hundred dollars and imprisoned not exceeding two years. And if any person or Damages for using the persons shall stamp or mark plates with the name or marks stamp of anof another, with intent to mislead, deceive, or defraud, such tent to defranu. person or persons shall be liable to any one injured thereby, for all damage occasioned by such fraud or deception. SEC. 18. And he it further enacted, That, in order to carry Nine supervising inspecthis act fully into execution, the President of the United tors to be apStates shall, with the advice of the Senate, appoint nine su- pointed. pervising inspectors, who shall be selected for their knowl- Their qualiedge, skill, and experience in the uses of steam for naviga- fications. tion, and who are competent judges, not only of the character of vessels, but of all parts of the machinery employed in steaming, who shall assemble together at such places as To meet as a 20 ACTS OF CONGRESS Aug. 30, 1852. they may agree upon, once in each year at least, for joint board at least consultation and the establishment of rules and regulations yearly, to make for their own conduct and that of the several boards of inrules and regulations, and as- spectors within the districts, and also to assign to each of the sign limits said nine inspectors the limits of territory within which he Pay of said shall perform his duties. And the said supervising inspecsupervising tors shall each be paid for his services after the rate of fifteen hundred dollars a year, and in addition thereto, his actual Expenses. reasonable travelling expenses, incurred in the necessary performance of his duty when away from the principal port in his district, and certified and sworn to by him under such Expense of instructions as shall be given by the Secretary of the Treastransportation ury, who is hereby authorized to pay such salaries, and also of instruments of examina- such travelling expenses, and the actual reasonable expenses tion. (both to them and other inspectors) of transporting from Payment of supervising place to place the instruments used in inspections, which exand local in- spectors. penses shall be proved to his satisfaction. Duties ofsu- SEC. 19. And be it further enacted, That the supervising pectors.g inspectors shall watch over all parts of the territory assigned them, shall visit, confer with, and examine into the doings of the several boards of inspectors, and shall, whenever they think it expedient, visit such vessels, licensed, and examine into their condition, for the purpose of ascertaining whether the provisions of this act have been observed and c6mplied with, both by the board of inspectors and the master and Their rea- owners; and it shall be the duty of all masters, engineers, sonable inquiries to be an- and pilots of such vessels, to answer all reasonable inquiries, swered and in- and to give all the information in their power, in regard to formation to be given them. any such vessel so visited, and her machinery for steaming, and the manner of managing both. Duties as to SEC. 20. And be it further enacted, That whenever a prosecution of supervising inspector ascertains to his satisfaction that the persons failing to comply with master, engineer, pilot, or owner of any such vessel fail to perform their duties according to the provisions of this act, he shall report the facts in writing to the board in the district where the vessel belongs, and, if need be, cause the negligent or offending parties to be prosecuted; and if he has good reason to believe there has been, through negligence, or from any other cause, a failure of the board who inspect RELATING TO STEAMBOATS. 21 ed the vessel to do its duty, he shall report the facts in writ- Aug. 30, 1852. ing to the Secretary of the Treasury, who shall cause immediate investigation into the truth of the complaint, and, if he deems the cause sufficient, shall remove the delinquent. SEC. 21. And be it further enacted, That it shall be the Duties as to supervising the duty of such supervising inspectors to see that the said local boards. several boards within their respective collection districts execute their duties faithfully, promptly, and, as far as possible, uniformly, in all places, by following out the provisions of this act, according to the true intent and meaning thereof; and they shall, as far as practicable by their established rules, harmonize differences of opinion when they exist in different boards. SEC. 22. And be it further enacted, That the said super- Provision, where there is vising inspectors shall also visit collection districts in which no local board, there are no boards of inspectors, if there be any where inconvee nient steamers are owned or employed, and each one shall have to resort to it. full power to inspect any such steamer or boilers of each steamer in any such district, or in any other district where, from distance or other cause, it is inconvenient to resort to the local board, and to grant certificates of approval according to the provisions of this act, and to do and perform in such districts all the duties imposed upon boards in the districts where they exist: Provided, That no supervising or No inspector to act where he other inspector shall be deemed competent to inspect in any is interested, or case where he is directly or indirectly personally interested, associated with persons in inor is associated in business with any person who is so in- terest. terested, but in all such cases the duty shall be performed Inspection by disinterested inspectors, and inspection made in violation by such interof this rule shall be void and of no effect. ested person to SEC. 23. And be it further enacted, That it shall be the Each collector, &c. to duty of each of the collectors or other chief officers of the report the licustoms for the districts aforesaid, except San Francisco, censes granted or refused. to make known without delay'to the collectors of all the said districts, except San Francisco, the names of all persons licensed as engineers or pilots for such vessels, and the names of all persons from whom, upon application, licenses have been withheld, and the names of all whose licenses have been revoked or suspended, and also the names of all 22 ACTS OF CONGRESS Aug. 30, 1852. such vessels which neglect or refuse to make such repairs as may be ordered under the provisions of this act, and the names of all for which license has been, on application, refused. Collector, &c. SEC. 24. And be it further enacted, That it shall be the and inspectors duty of the collectors or other chief officers of the customs, to attend to enforcing this and of the inspectors aforesaid, within the said several dislaw, on penalty of loss of office tricts, to enforce the provisions of -law against all such and a fine. steamers arriving and departing; and upon proof that any collector or other chief officer of the customs, or inspector, has negligently or intentionally omitted his duty in this particular, such delinquent shall be removed from office, Penalty. and shall also be subject to a penalty of one hundred dollars for each offence, to be sued for in an action of debt before any court of competent jurisdiction. Collector, &c. SEC. 25. And be it further enacted, That the collector to retain certifi- or other chief officer of the customs shall retain on file cates of inspectors, andtogive all original certificates of the inspectors required by this act out two certified copies. to be delivered to him, and shall give to the master or owner of the vessel therein named two certified copies thereof, one One copy to of which shall be placed by such master or owner in some bein a keonspicu-ted conspicuous place in the vessel, where it will be most likely ous place in the to be observed by passengers and others, and there kept at all times, the other shall be retained by such master or owner as evidence of the authority thereby conferred; and Penalty for if any person shall receive or carry any passenger on board not having such certificate any such steamer not having a certified copy of the certifiso posted, and for carrying cate of approval, as required by this act, placed and kept as gunpowderU aforesaid; or who shall receive or carry any gunpowder, oil &c. without license, or im- of turpentine, oil of vitriol, camphene, or other explosive properly stowed. burning-fluids or materials which ignite by friction, as freight, on board any steamer carrying passengers, not having a certificate authorizing the same, and a certified copy thereof placed and kept as aforesaid; or who shall stow or carry any of said articles, at a place or in a manner not authorized by such certificate, shall forfeit and pay for each offence one hundred dollars, to be recovered by action of debt in any court of competent jurisdiction. inspector, for SEC. 26. And be it further enacted, That every inspec RELATING TO STEAMBOATS. 23 tor who shall wilfully certify falsely touching any such Aug. 30, 1852. vessel propelled in whole or in part by steam, and carrying giving false passengers, her hull, accommodations, boilers, engines, ma- certificates. chinery, or their appurtenances, or any of her equipments, or any matter or thing contained in any certificate signed and sworn to by him, shall on conviction thereof be punished by fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or both. SEC. 27. And be it further enacted, That if any such Penalty on the master for vessel carrying passengers, having a license and certificate, navigating a as required by this act, shall be navigated without having bessnglinotnher hull, accommodations, boilers, engines, machinery, and formity with their appurtenances, and all equipments, in all things conformable to such certificate, the master or commander by whom she shall be so navigated, having knowledge of such defect, shall be punished by fine not exceeding one hundred dollars, or imprisonment not exceeding two months, or both: Provided, That such master or commander shall not be Exception as liable for loss or deficiency occasioned by the dangers ofto deficiency by danger of navigation, if such loss or deficiency shall be supplied as navigation. soon as practicable. SEC. 28. And be it further enacted, That on any such Stopping of vessels when steamers navigating rivers only, when from darkness, fog, navigation is or other cause, the pilot on watch shall be of opinion that dangerous on rivers. the navigation is unsafe, or from accident to, or derangement of, the machinery of the boat, the engineer on watch shall be of the opinion that the further navigation of the vessel is unsafe, the vessel shall be brought to anchor, or moored, as soon as it prudently can be done: Provided, That if the person in command shall, after being so admonished by either of such officers, elect to pursue such voyage, he may do the same; but in such case both he and the owners of such steamer shall be answerable for all Liability for damages if no damages which shall arise to the person of any passenger stop is made. and his baggage from said causes in so pursuing the voyage, and no degree of care or diligence shall in such case be held to justify or excuse the person in command, or said owners. SEC. 29. And be it further enacted, That it shall be the nules for passing to be duty of the supervising inspectors to establish such rules adopted by the 24 ACTS OF CONGRESS Aug. 30, 1852. and regulations, to be observed by all such vessels in passing supervising each other, as they shall from time to time deem necessary board and to be kept posted for safety, two printed copies of which rules and regulations, in every steam- signed by said inspectors, shall be furnished to each of such vessels, and shall at all times be kept up in conspicuous places on such vessels, which rules shall be observed both Penalty for night and day. Should any pilot, engineer, or master of neglecting to observe such any such vessel neglect or wilfully refuse to observe the forerules. going regulations, any delinquent so neglecting or refusing shall be liable to a penalty of thirty dollars, and to all damage done to any passenger, in his person or baggage, by such neglect or refusal; and no such vessel shall be justified in coming into collision with another if it can be avoided. Liability of SEC. 30. And be it further enacted, That whenever damowner, &c., for damage to pas- age is sustained by any passenger or his baggage, from exsengers or their plosion, fire, collision, or other cause, the master and the baggage. owner of such vessel, or either of them, and the vessel, shall be liable to each and every person so injured, to the full amount of damage, if it happens through any neglect to comply with the provisions of law herein prescribed, or through known defects or imperfections of the steaming apparatus, or of the hull; and any person sustaining loss or injury through the carelessness, negligence, or wilful misconduct of an engineer or pilot, or their neglect or refisal to obey the provisions of law herein prescribed as to navigating such steamers, may sue such engineer or pilot, and recover damages for any such injury caused as aforesaid by any such engineer or pilot. Fees for in- SEC. 31. And be it further enacted, That before issuing spectors' certificates, and the annual license to any such steamer, the collector or for licenses other chief officer of the customs for the port or district shall demand and receive from the owner or owners of the steamer, as a compensation for the inspections and examinations made for the year, the following sums, in addition to the fees for issuing enrolments and licenses, now allowed by law, according to the tonnage of the vessel, to wit: for each vessel of a thousand tons and over, thirty-five dollars; for each of five hundred tons and over, but less than one thousand tons, thirty dollars; and for each under five hun RELATING TO STEAMBOATS. 25 dred tons and over one hundred and twenty-five tons, twen- Aug. 30, 1852. ty-five dollars; and for each under one hundred and twentyfive tons, twenty dollars, at the time of obtaining registry, and once in each year thereafter pay, according to the rate of tonnage before mentioned, the sum of money herein fixed: And each engineer and pilot licensed as herein provided License fees to be paid tO shall pay, for the first certificate granted by any inspector or the inspectors, and by them to inspectors, the sum of five dollars, and for each subsequent the collector. certificate one dollar, to such inspector or inspectors, to be accounted for and paid over to the collector or other chief officer of the customs; and the sums derived from all the sources above specified shall be quarterly accounted for and paid over to the United States in the same manner as other revenue. SEC. 32. And be it further enacted, That each inspector Inspectors to keep a recshall keep an accurate account of every such steamer board- ord of all their ed by him during the year, and of all his official acts and doings, and redoings, which in the form of a report he shall communicate to the collector semiannually. to the collector or other chief officer of the customs, on the first days of May and November, in each year. SEC. 33. And be itfurther enacted, That the inspectors in Compensathe following districts shall each be allowed annually the t ri ofinspectors following compensation, to be paid under the direction of the Secretary of the Treasury, in the manner officers of the revenue are paid, to wit: For the district of Portland, in Maine, three hundred dollars. Portland. For the district of Boston and Charlestown, in Massa- Boston and chusetts, eight hundred dollars. Charlestown. For the district of New London, in Connecticut, three New Lonhundred dollars. don. For the district of New York, two thousand dollars. New York. For the district of Philadelphia, in Pennsylvania, one Philadelthousand dollars. phia. For the district of Baltimore, in Maryland, one thousand Baltimore. dollars. For the district of Norfolk, in Virginia, three hundred Norfolk. dollars. For the district of Charleston, in South Carolina, four Charleston. hundred dollars. 3 26 ACTS OF CONGRESS Aug. 30, 1852. For the district of Savannah, in Georgia, four hundred Savannah. dollars. Mobile. For the district of Mobile, in Alabama, one thousand dollars. New Orle- For the district of New Orleans, or in which New'Orleans ans. is the port of entry, in Louisiana, two thousand dollars. Galveston. For the district of Galveston, in Texas, three hundred dollars. St. Louis. For the district of St. Louis, in Missouri, fifteen hundred dollars. Nashville. For the district of Nashville, in Tennessee, four hundred dollars. Louisville. For the district of Louisville, in Kentucky, twelve hundred dollars. Cincinnati. For the district of Cincinnati, Ohio, fifteen hundred dollars. Wheeling. For the district of Wheeling, Virginia, five hundred dollars. Pittsburg. For the district of Pittsburg, Pennsylvania, fifteen hundred dollars. Chicago. For the district of Chicago, Illinois, five hundred dollars. Detroit. For the district of Detroit, Michigan, eight hundred dollars. Cleveland. For the district of Cleveland, Ohio, five hundred dollars. Buffalo. For the district of Buffalo, New York, twelve hundred dollars. Oswego. For the district of Oswego, or of which Oswego is the port of entry, New York, three hundred dollars. Vermont. For the district of Vermont, two hundred dollars. San Fran- For the district of San Francisco, California, fifteen huncisco. dred dollars. Instruments SEC. 34. And be it further enacted, That the Secretary of of examination to be provided. the Treasury shall provide the inspectors with a suitable number of instruments, of uniform construction, so as to give uniform results, to test the strength of boilers. Record of SEC. 35. And be it further enacted, That it shall be the passengers to be kept daily, duty of the master of any such steamer to cause to be kept and to be open a correct list of all the passengers received and delivered to examination by the inspec- from day to day, noting the places where received and where tors. landed, which record shall be open to the inspection of the Penalty on inspectors and officers of the customs at all times; and in master for neg- case of default, through negligence or design, the said master lect. RELATMNG. TO STEAMBOATS. 27 shall forfeit one hundred dollars, which penalty, as well as Aug. 30, 1852. that for excess of passengers, shall be a lien upon the vessel: Lien on the Provided, however, A bond may, as provided for in other vessel for pencases, be given to secure the satisfaction of the judgment. ing passengers., Bond may SEC. 36. And be it further enacted, That every master or be given. commander of any such steamer shall keep on board of of this act (ifursuch steamer at least two copies of this act, to be furnished nished by the Secretary of to him by the Secretary of the Treasury; and if the master the Treasury) or commander neglects or refuses so to do, or shall unrea- board keaPchn sonably refuse to exhibit a copy of the same to any passen- steamboat, and exhibited to ger who shall ask it, he shall forfeit twenty dollars. any passenger SEC. 37. And be it further enacted, That any inspector undenpr penalty who shall, upon any pretence, receive any fee or reward for of $20. Penalty on his services rendered under this act, except what is herein inspectors, for receiving any allowed him, shall forfeit his office; and if found guilty, on but the above indictment, be otherwise punished, according to the aggra- fees. vation of the offence, by fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or both. SEC. 38. And be it further enacted, That all engineers Pilots and and pilots of any such vessel shall, before entering uponesgineers tetheir duties, make solemn oath before one of the inspectors fore entering on their duherein provided for, to be recorded with the certificate, that ties. he will faithfully and honestly, according to his best skill and judgment, perform all the duties required of him by this act, without concealment or reservation; and if any such Penalty on them and witengineer, pilot, or any witness summoned under this act as nesses for false a witness, shall, when under examination on oath, knowing- swearing. ly and intentionally falsify the truth, such person shall be deemed guilty of perjury, and if convicted be punished accordingly. SEC. 39. And be it further enacted, That the supervising Supervising inspectors to inspectors appointed under the provisions of this act shall, receive inforwithin their respective districts, under the direction of the mation respecting certain Secretary of the Treasury, take the examination, or receive topics relating to steamboats, the statements in writing, of persons of practical knowledge and transmit the same to the and experience in the navigation of steam-vessels, the con- secretary of struction and use of boilers, engines, machinery, and equip- the Treasury. ments, touching the form, material, and construction of engines and their appurtenances; the causes of the explosion 28 ACTS OF CONGRESS Aug. 30, 1852. of boilers and collapse of flues, and the means of prevention; the kind and description of safety-valves, water and steam gauges or indicators; equipments for the extinguishment of fires, and for the preservation of life in case of accident, on board of such vessels, and all other means in use, or proper to be adopted, for the better security of the lives of persons on board vessels propelled in whole or in part by steam; the advantages and disadvantages of the different descriptions of boilers, engines, and their appurtenances, safety-valves, water and steam gauges or indicators, equipments for the prevention or extinguishment of fires, and the preservation of life in case of accident, in use on board such vessels; whether any, and what further legislation is necessary or proper for the better security of the lives of persons on board such steam-vessels; which examination and statements so taken and received shall be transmitted to the Secretary of the Treasury, at such time as he shall prescribe. Secretary of SEC. 40. And be it further enacted, That it shall be the the Treasury to duty of the Secretary of the Treasury to cause such interprepare interrogatories to rogatories to be prepared and published as in his opinion elicit such in- p formation, and may be proper to elicit the information contemplated by the report the information to preceding section, and upon the receipt of the examination Congress. and statements taken by the inspectors shall report the same to Congress, together with the recommendation of such further provisions as he may deem proper to be made for the better security of the lives of persons on board steam-vessels. Penalties, SEC. 41. And be it further enacted, That all penalties imhow sued for and recovered. posed by this act may be recovered in an action of debt by any person who will sue therefor in any court of the United States. This act not SEC. 42. And be it further enacted, That this act shall to apply to cer- not apply to public vessels of the United States or vessels of tain vessels. other countries; nor to steamers used as ferry-boats, tugboats, towing-boats, nor to steamers not exceeding one hundred and fifty tons burden and used in whole or in part for Inspection of navigating canals. The inspection and certificate required the Ocean Mail Steamers. by this act shall in all cases of ocean steamers constructed under contract with the United States, for the purpose, if desired, of being converted into war steamers, be made by a RELATING TO STEAMBOATS. 29 Chief Engineer of the Navy, to be detailed for that service Aug. 30, 1852. by the Secretary of the Navy, and he shall report both to said Secretary and to the supervising inspector of the district where he shall make any inspection. SEC. 43. And be it further enacted, That all such parts When this act shall take of this act as authorize the appointment and qualification of effect. inspectors, and the licensing of engineers and pilots, shall take effect upon the passage thereof, and that all other parts of this act shall go into effect at the times and places as follows: in the districts of New Orleans, St. Louis, Louisville, Cincinnati, Wheeling, Pittsburg, Nashville, Mobile, and Galveston, on the first day of January next, and in all other districts on the first day of March next. SEC. 44. And be it further enacted, That all parts of laws Inconsistent heretofore made, which are suspended by or are inconsistent laws repealed. with this act, are hereby repealed. APPROVED, August 30, 1852. ACT OF JULY 7, 1838, CHAPTER 191. 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. Be it enacted by the Senate and House of Representatives of the UniWfd States of America in Congress assembled, That Owners of it shall be the duty of all owners of steamboats, or vessels steamboats to make a newenpropelled in whole or in part by steam, on or before the first rolment and take out a new day of October, one thousand eight hundred and thirty-license. eight, to make a new enrolment of the same, under the existing laws of the United States, and take out from the collector or surveyor of the port, as the case may be, where such vessel is enrolled, a new license, under such conditions as are now imposed by law, and as shall be imposed by this act. SEC. 2. And be it further enacted, That it shall not be Shall not lawful for the owner, master, or captain of any steamboat, grodst., or 3* 30 ACTS OF CONGRESS July 7, 1838. or vessel propelled in whole or in part by steam, to transport passengers, any goods, wares, and merchandise, or passengers, in or upwithout a new on the bays, lakes, rivers, or other navigable waters of the license. United States, from and after the said first day of October, one thousand eight hundred and thirty-eight, without having first obtained, from the proper officer, a license under the existing laws, and without having complied with the condi- Penalty for tions imposed by this act; and for each and every violation violation of this section. of this section, the owner or owners of said vessel shall forfeit and pay to the United States the sum of five hundred dollars, one half for the use of the informer; and for which HoWrecov- sum or sums the steamboat or vessel so engaged shall be lierable. able, and may be seized and proceeded against summarily, by way of libel, in any District Court of the United States having jurisdiction of the offence. District SEC. 3. And be it further enacted, That it shall be the judge to ap- duty of the district judge of the United States, within whose point persons to inspect the district any ports of entry or delivery may be, on the navichiersyand gable waters, bays, lakes, and rivers of the United States, upon the application of the master or owner of any steamboat or vessel propelled in whole or in part by steam, to apTheir quali- point, from time to time, one or more persons skilled and fcations and competent to make inspections of such boats and vessels, and of the boilers and machinery employed in the same, who shall not be interested in the manufacture of steam-engines, steamboat-boilers, or other machinery belonging to steamvessels, whose duty it shall be to make such inspection when called upon for that purpose, and to give to the owner or master of such boat or vessel duplicate certificates of such inspection; such persons, before entering upon the duties enjoined by this act, shall make and subscribe an oath or affirmation before said district judge, or other officer duly authorized to administer oaths, well, faithfully, and impartially to execute and perform the services herein required of them. Inspectors of SEC. 4. And be it further enacted, That the person or gthe owhulners persons who shall be called upon to inspect the hull of any or masters a steamboat or vessel, under the provisions of this act, shall, certificate, stating the age of after a thorough examination of the same, give to the owner the boat, &c. RELATING TO STEAMBOATS. 31 or master, as the case may be, a certificate, in which shall July 7,1838. be stated the age of the said boat or vessel, when and where originally built, and the length of time the same has been running. And he or they shall also state whether, in his or Also acertificate as to the their opinion, the said boat or vessel is sound, and in all re- soundness of spects seaworthy, and fit to be used for the transportation of the vessel. freight or passengers; for which service, so performed upon each and every boat or vessel, the inspectors shall each be Fee for inpaid and allowed, by said master or owner applying for such spection. inspection, the sum of five dollars. SEC. 5. And be it further enacted, That the person or Inspectors of ".. 1l 1l 1. *.1, ~~the boilers to persons who shall be called upon to inspect the boilers and make a certifimachinery of any steamboat or vessel, under the provisions cate as to the soundness, &c. of this act, shall, after a thorough examination of the same, of said boilers. make a certificate, in which he or they shall state his or their opinion whether said boilers are sound and fit for use, together with the age of said boilers; and duplicates thereof Duplicates shall be delivered to the owner or master of such vessel, one cate to be giien of which it shall be the duty of the said master and owner to the master or owner, &c. to deliver to the collector or surveyor of the port whenever he shall apply for a license, or for a renewal of a license; the other he shall cause to be posted up, and kept in some conspicuous part of said boat, for the information of the public; and for each and every inspection so made, each of the said Fee for ininspectors shall be paid, by the said master or owner apply- spection. ing, the sum of five dollars. SEC. 6. And be it further enacted, That it shall be the Hulls to be duty of the owners and masters of steamboats to cause the if Pected, how inspection provided under the fourth section of this act to be made at least once in every twelve months; and the exami- Boilers inspected, how nation required by the fifth section, at least once in every often. six months; and deliver to the collector or surveyor of the port where his boat or vessel has been enrolled or licensed, the certificate of such inspection; and on a failure thereof, Penalty. he or they shall forfeit the license granted to such boat or vessel, and be subject to the same penalty as though he had run said boat or vessel without having obtained such license, to be recovered in like manner. And it shall be the ditty of the owners and masters of the steamboats licensed in pursu- numberofex 32 ACTS OF CONGRESS July 7, 1838. ance of the provisions of this act, to employ on board of their periencedand respective boats a competent number of experienced and skilfultenbg- skilf ul engi neers; and in case of neglect to do so, the said neers to be em- s neglect ployed. owners and masters shall be held responsible for all damages Penalty for failing to do so. to the property of any passenger on board of any boat, occasioned by an explosion of the boiler or any derangement of the engine or machinery of any boat. Safety-valve SEC. 7. And be it further enacted, That whenever the hben the yes- master of any boat or vessel, or the person or persons charged sel stops for with navigating said boat or vessel, which is propelled in any purpose whatever. whole or in part by steam, shall stop the motion or headway of said boat or vessel, or when said boat or vessel shall be stopped for the purpose of discharging or taking in cargo, fuel, or passengers, he or they shall open the safety-valve, so as to keep the steam down in said boiler as near as practicable to what it is when the said boat or vessel is under Penalty. headway, under the penalty of two hundred dollars for each and every offence. Long-boats SEC. 8. And be it further enacted, That it shall be the or yawls, when duty of the owner and master of every steam-vessel engaged and where to be carried by in the transportation of freight or passengers, at sea or on the Lakes Champlain, Ontario, Erie, Huron, Superior, and Michigan, the tonnage of which vessel shall not exceed two hundred tons, to provide and to carry with the said boat or vessel, upon each and every voyage, two long-boats or yawls, each of which shall be competent to carry at least twenty persons; and where the tonnage of said vessel shall exceed two hundred tons, it shall be the duty of the owner and master to provide and carry, as aforesaid, not less than three long-boats or yawls, of the same or larger dimensions; and Penalty. for every failure in these particulars, the said master and owner shall forfeit and pay three hundred dollars. Vessels at SEC. 9. And be it further enacted, That it shall be the sea or on the lakesaforesaid duty of the master and owner of every steam-vessel emto carry suc- ployed on either of the lakes mentioned in the last section, tion-hose, fireengine, &c. or on the sea, to provide, as a part of the necessary furniture, a suction-hose and fire-engine and hose suitable to be worked on said boat in case of fire, and carry the same upon each and every voyage, in good order; and that iron rods or RELATING TO STEAMIBOATS. 33 chains shall be employed and used in the navigating of all July 7, 1838. steamboats, instead of wheel or tiller ropes; and for a failure Iron rods or to do which, they, and each of them, shall forfeit and pay cheains to beof the sum of three hundred dollars. wheel or tiller ropes. SEC. 10. And be it further enacted, That it shall be the Penalty. duty of the master and owner of every steamboat, runningtobe carried by between sunset and sunrise, to carry one or more signal vessels running at night. lights, that may be seen by other boats navigating the same waters, under the penalty of two hundred dollars. Penalty. SEC. 11. And be it further enacted, That the penalties Howallpenimposed by this act may be sued for and recovered in the alties shall be recovered. name of the United States, in the District or Circuit Court of such district or circuit where the offence shall have 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. And be it further enacted, That every captain, Any person engineer, pilot, or other person employed on board of any employed on steamboat or vessel propelled in whole or in part by steam, which life or lives are lost by by whose misconduct, negligence, or inattention to his orhis inattention, their respective duties, the life or lives of any person or per- &cityshall be sons on board said vessel may be destroyed, shall be deemed slaughter. guilty of manslaughter, and, upon conviction thereof before any Circuit Court in the United States, shall be sentenced to Punishment. confinement at hard labor for a period not more than ten years. SEC. 13. And be it further enacted, That in all suits and What shall actions against proprietors of steamboats, for injuries arising be sufficientevof steamboats, idence to to person or property from the bursting of the boiler of any charge the defendant, in case steamboat, or the collapse of a flue, or other injurious escape of the bursting of steam, the fact of such bursting, collapse, or injurious es- of a boiler, &c. cape of steam, shall be taken as full primnd facie evidence, sufficient to charge the defendant, or those in his employment, with negligence, until he shall show that no negligence has been committed by him, or those in his employment. APPROVED, July 7, 1838. 34 ACTS OF CONGRESS ACT OF MARCH 3, 1849. CHAPTER 105. An Act making Appropriations for Lighthouses, Lightboats, Buoys,,Sc., and providing for the Erection and Establishment of the same, andfor other Purposes. [The first four sections of this Act relate to other matters.] Regulations SEC. 5. And be it further enacted, That vessels, steamto be observed by vessels, boats, and propellers, navigating the Northern and Western steamboats, tlakes, shall, from and after the thirtieth day of April next, &c., navigating the Northern comply with the following regulations, for the security of or Northwestern lakes inthe life and property, to wit: during the night, vessels on the night. starboard tack shall show a red light, vessels on the larboard tack a green light, and vessels going off large, or before the wind, or at anchor, a white light; steamboats and propellers shall carry on the stem, or as far forward as possible, a triangular light, at an angle of about sixty degrees with the horizon, and on the starboard side a light shaded green, and on the larboard side red; said lights shall be furnished with reflectors, &c., complete, and of a size to insure a good and sufficient light; and if loss or damage shall occur, the owner or owners of the vessel, steamboat, or propeller neglecting to comply with these regulations shall be liable to the injured party for all loss or damage resulting from such neglect; and the owner or owners of any vessel failing to comPenalty. ply with said regulations shall forfeit a penalty of one hundred dollars, which may be recovered in an action of debt, to be brought by the district attorney of the United States, in the name of the United States, in any court of competent jurisdiction. APPROVED, March 3, 1849. RELATING TO STEAMBOATS. 35 ACT OF MARCH 3, 1843. CHAPTER 94. An Act to modify the 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," Ante, p. 29. approved July seventh, eighteen hundred and thirty-eight. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Vessels proevery boat or vessel which existing laws require to be regis- pelled by steamprided tered, and which is propelled in whole or in part by steam, with additional steering appashall be provided with such additional apparatus or means, ratus. as, in the opinion of the inspector of steamboats, shall be requisite to steer the boat or vessel, to be located in such part of the boat or vessel as the inspector may deem best to enable the officers and crew to steer and control the boat or vessel, in case the pilot or man at the wheel is driven from the same by fire; and no boat or vessel, exclusively propelled by steam, shall be registered, after the passage of this act, unless the owner, master, or other proper person shall file with the collector or other proper officer the certificate of the inspector, stating that suitable means have been provided to steer the boat or vessel, in case the pilot or man at the wheel is driven therefrom by fire. SEC. 2. And be it further enacted, That it shall be lawful Vessels proin all vessels or boats propelled in whole or in part by steam, apparatus reand which shall be provided with additional apparatus or quired by the first section means to steer the same, as required by the first section of may use hemp this act, to use wheel or tiller ropes, composed of hemp or tiller ropes, &c. other good and sufficient material, around the barrel or axle of the wheel, and to a distance not exceeding twenty-two feet therefrom, and also in connecting the tiller or rudder yoke with iron rods or chains used for working the rudder: Provided, That no more rope for this purpose shall be used Proviso. than is sufficient to extend from the connecting points of the tiller or rudder yoke placed in any working position beyond the nearest blocks or rollers, and give sufficient play to work the ropes on such blocks or rollers: And provided, further, Further proviso. 36 ACTS OF CONGRESS March 3, 1843. That there shall be chains extending the whole distance of the ropes, so connected with the tiller or rudder yoke, and attached or fastened to the tiller or rudder yoke, and the iron chains or rods extending towards the wheel, in such manner as will take immediate effect, and work the rudder in case the ropes are burnt or otherwise rendered useless. Freight ves- SEC. 3. And be it further enacted, That the master and sels propelled by sails and owner, and all others interested in vessels navigating Lakes Erickson's pro- Champlain, Ontario, Erie, Huron, Superior, and Michigan, peller, not required to pro- or any of them, and which are propelled by sails and Erickvide suctionhose, &c. son's propeller, and used exclusively in carrying freight, shall from and after the passage of this act be exempt from liability or fine for failing to provide, as a part of the necessary furniture of such vessel, a suction-hose and fire-engine and hose suitable to be worked on such vessel in case of fire, or more than one long-boat or yawl. Proceedings SEC. 4. And be it further enacted, That it shall be lawful opending f9t- for the court before which any suit, information, or indictsec. Act 7th ment is or shall be pending for the violation, before the pasJuly, 1838, ch. 191, may be sage of this act, of so much of the ninth section of the act discontinued. aforesaid as requires " that iron rods or chains shall be employed and used in the navigation of all steamboats, instead of wheel and tiller ropes," to order such suit, information, or indictment to be discontinued, on such terms as to costs as Proviso. the court shall judge to be just and reasonable: Provided, That the defendant or defendants in such prosecution shall cause it to appear, by affidavit or otherwise, to the satisfaction of the court, that he or they had failed to use iron rods or chains in the navigation of his or their boat or boats, from a well-grounded apprehension that such rods or chains could not be employed for the purpose aforesaid with safety. Experimen- SEC. 5. And be it further enacted, That in execution of tal trials of inventionstopre- the authority vested in him by the second section of the vent the explo- joint resolution " authorizing experiments to be made for the sion of steamboilers, &c. purpose of testing Samuel Colt's submarine battery, and for authorized other purposes," approved August thirty-first, one thousand eight hundred and forty-two, the Secretary of the Navy shall appoint a board of examiners, consisting of three persons, of thorough knowledge as to the structure and use of the steam RELATING TO STEAMBOATS. 37 engine, whose duty it shall be to make experimental trials March 3, 1843 of such inventions and plans designed to prevent the explosion of steam-boilers and collapsing of flues, as they may deem worthy of examination, and report the result of their experiments, with an expression of their opinion as to the relative merits and efficacy of such inventions and plans, which report the Secretary shall cause to be laid before Congress at its next session. It shall also be the duty of said examiners to examine and report the relative strength of copper and iron boilers of equal thickness, and what amount of steam to the square inch each, when sound, is capable of working with safety; and whether hydrostatic pressure, or what other plan, is best for testing the strength of boilers under the inspection laws; and what limitations as to the force or pressure of steam to the square inch, in proportion to the ascertained capacity of a boiler to resist, it would be proper to establish by law for the more certain prevention of explosions. SEC. 6. And be it further enacted, That so much of the Part of Act act aforesaid as is inconsistent with the provisions of this f 7th J(auly, act shall be, and the same is hereby, repealed. 29,) repealed. APPROVED, March 3, 1843. ACT OF MARCH 3, 1825. CHAPTER 99. An Act to authorize the Register or Enrolment and License to be issued in the Name of the President or Secretary of any incorporated Company owning a Steamboat or Vessel. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That Enrolments enrolments and licenses for steamboats or vessels, owned by and licenses any incorporated company, may be issued in the name of &c. owned by any incorpothe president or secretary of such company; and that such ratedcompany. enrolments and licenses shall not be vacated or affected by 38 ACTS OF CONGRESS March 3, 1825. a sale of any share or shares of any stockholder, or stockholders, in such company. Register for SEC. 2. And be it further enacted, That registers for steamsteamboats. boats or vessels, owned by any incorporated company, may be issued in the name of the president or secretary of such company; and that such register shall not be vacated or affected by a sale of any share or shares of any stockholder or stockholders in such company. Upon the SEC. 3. And be it further enacted, That, upon the death, death, &c. of the president, removal, or resignation of the president or secretary of any a nelwblicense incorporated company owning any steamboat or vessel, a out. new register, or enrolment and license, as the case may be, shall be taken out for such steamboat or vessel. Previously SEC. 4. And be it further enacted, That, previously to to granting a register, the granting a register, or enrolment and license, for any oath as to the steamboat or vessel owned by any company, the president ownership of the steamboat or secretary of such company shall swear, or affirm, as to to be taken. the ownership of such steamboat or vessel by such company, without designating the names of the persons composing such company; which oath, or affirmation, shall be deemed sufficient, without requiring the oath or affirmation of any person interested or concerned in such steamboat or vessel. Before grant- SEC. 5. And be it further enacted, That, before granting ing a register, oath that no a register for any steamboat or vessel so owned by any insteamboat, &e. corporated company, the president or secretary thereof shall is owned by swear, or affirm, that, to the best of his knowledge and beany foreigner. lief, no part of such steamboat or vessel has been, or is then, owned by any foreigner or foreigners. APPROVED, March 3, 1825. RELATING TO STEAMBOATS. 39 ACT OF MARCH 12, 1812. CHAPTER 40. An Act respecting the Enrolling and Licensing of Steamboats. Be it enacted by the Senate and HIouse of Representatives of the United States of America in Congress assembled, That, Steamboats from and after the passing of this act, a steamboat em- balnsging to ployed, or intended to be employed, only in a river or bay of enrolled and licensed. the United States, owned wholly or in part by an alien, resident within the United States, may and shall be enrolled and licensed, as if the same belonged to a citizen of the United States, according to, and subject to all the conditions, limitations, and provisions contained in, the act entitled " An Act for enrolling and licensing ships or vessels Act of Feb. to be employed in the coasting trade and fisheries, and for 18, 1793, ch. 8. regulating the same," except that, in such case, no oath or affirmation shall be required that the said boat belongs to a citizen or citizens of the United States. SEC. 2. And be it further enacted, That the owner or own- Owners of ers of such steamboats upon application for enrolment or uch boats to Irs of such steamboat, pon aplication for rolment orgive bonds, &c. license, shall give bond to the collector of the district, to and for the use of the United States, in the penalty of one thousand dollars, with sufficient surety, conditioned, that the said boat shall not be employed in other waters than the rivers and bays of the United States. APPROVED, March 12, 1812. INDEX TO THE FOREGOING ACTS OF CONGRESS. ACCESS to the upper deck, means of, 6. ACCOMMODATIONS for passengers, inspection as to, 8, 11. liability for failure to provide, 17. ALLOYS, FUSIBLE, in or upon boilers, 9. APPEAL from refusal to license engineers or pilots, 15. from revocation of license to engineers or pilots, 15. from direction to make further repairs, &c., 14, 15. from refusal of a certificate to a steamboat, 14. AXES, certain number to be carried, 6. BERTHS, number of, to be certified, 11. liability for not providing lodging, 17. BOATS, number of, to be carried, 5. provision respecting, in Act of 1838, 32. modified as to certain vessels on the lakes, 36. BOILERS, requirements as to, in relation to fire, 4. fire-line, 9. safety-valves, 9. gauge-cocks, 9. fusible plugs, 9. pressure on, 9, 10. in other respects, 9. how subjected to hydrostatic pressure, 9, 10. certificate as to, 11, 12. inspectors of, to be appointed, 8. See Inspectors. penalty for loading or obstructing safety-valve, 17. or subjecting it to greater than allowed pressure, 17, 18. or deranging means of indicating the pressure or approaching danger, 17, 18. for allowing water to fall too low, 18. of what materials to be made, 18. penalty for making or using boilers of other materials, 18, 19. plates for, to be stamped. See Boiler Plates. penalty for navigating steamboat with insufficient, 23. provisions of Act of 1838 for inspection of, 30, 31. experiments to test, 36, 37. INDEX. 41 BOILER-PLATES, inspection of quality of, 18. mode of manufacture of, 18, 19. to be stamped, 19. BOND, vessel may be released from marshal by giving, 17, 27. provision of Act of 1812 for, before taking out enrolment or license, 39. BUCKETS, certain number to be carried, 6. BURNING-FLUIDS not to be carried as freight but by license, 6, 22. how to be packed, 6, 7. penalty for shipping or putting up for shipment unless so packed, 7. license to carry, 12, 13. to be posted up, 22. CAMPHENE. See Dangerous Articles. CANALS. Act of 1852, ch. 106, not to apply to certain steamers navigating canals, 28, 29. CERTIFICATES, form of inspectors', 11, 12. to carry certain dangerous articles, 12, 13. record of granting or refusing, to be kept, 13. originals to be delivered to collector, 13. appeal from refusal to grant, 14. to engineers and pilots, 13, 14. appeal, 14. after refusal not to be granted by another board, 15, 16. where it is inconvenient to resort to the local board, or there is none, 16,21. penalty for navigating steamboats without, or in violation of, 4, 16, 23. certified copies of, to be delivered, 22. and kept posted, 22. penalty for giving false, 22, 23. provisions of Act of 1838 respecting, 30, 31. of Act of 1843, 35. CHIEF OFFICER OF THE CUSTOMS. See Collectors. CIRCUIT COURT, penalties may be sued for in, 28. penalties under Act of 1838 may be sued for and recovered in, 33. indictment for manslaughter in, 33. COLLECTION DISTRICTS, inspectors to be appointed in certain, 7. provisions where there is no local board, or it is inconvenient to resort to it, 16, 21. COLLECTORS OR OTHER CHIEF OFFICERS OF THE CUSTOMS to act in appointing inspectors, 7. certificates of inspection and of licenses to carry dangerous articles to be delivered to, 13. local board to report all their doings to, 16, 25. to report to each other (except of San Francisco) names of vessels refused a license, 21, 22. names of pilots and engineers licensed or refused, or when license is revoked or sqtspended, 21, 22. names of vessels neglecting or refusing to repair, 21, 22. to enforce steamboat law of 1852, 22. penalty for neglect, 22. to lose office for neglect, 22. to give certified copies of certificates and licenses, 22. to receive certain fees before issuing the annual license, 24, 25. inspectors to pay fees to, 25. to account for fees, 25. to pay witnesses, 16. COLLISION. rules for passing to be established and kept posted, 23, 24. liability for damage in case of, 24. not justifiable where rules for passing are neglected, 24. COMPENSATION of supervising inspectors, 20. of local inspectors, 25, 26. 4* 42 INDEX. COMPENSATION. (Continued.) of witnesses, 13. COPIES of inspectors' certificates and licenses to carry dangerous articles, one to be kept posted, 22. of rules for passing to be posted up, 24, 25. of steamboat act to be furnished to each steamboat and kept on board, 27. to be exhibited to passengers on reasonable request, 27. CORPORATIONS, registry of steamboats owned by, 37, 38. COUNTERFEITING marks or stamps on boiler-plates, penalty for, 19. COURTS. See Circuit Court, District Court. DAMAGE, LIABILITY FOR, from bursting of boiler, &c., 33, 34. from neglect to comply with requirements of inspectors, 15. from neglect to observe Act of 1852, 24. from neglect to observe rules for passing, 23, 24. from using marks or stamps of another on boiler-plates, 19. from taking too many passengers, 17. from neglect to provide proper accommodations, and from detentions, 17. in case of neglect to stop on rivers when pilot or engineer thinks navigation is dangerous, 23 bursting of boiler, &c. made prinmdfacie evidence of neglect, 33, 34. for neglect as to signal lights, 34. DANGER, obligation to stop on rivers in case of, 23. penalty for deranging means of indicating approach of, 17, 18. of fire, precautions against, 4, 5. DANGEROUS ARTICLES, certain, not to be carried as freight except by license, 6. penalty, 22. how to be packed, 6, 7. penalty for shipping or putting up for shipment unless so packed, 7. license to carry, 12, 13. to be kept posted up, 22. DECK, access to upper deck, means of, 6. DETENTION, liability for damage in case of, 17. DISTRICT COURTS,;udge of, to act in appointment of local inspectors, 7. penalties under Steamboat Acts of 1852 and 1838 may be sued for in, 4, 28, 30, 33. judge of, to appoint inspectors under Act of 1838, 30. DISTRICTS, COLLECTION, local inspectors to be appointed in certain, 7. provision where there is no local board, or it is inconvenient to resort to it, 16, 21. ENGINEERS ON STEAMBOATS to be examined, licensed for one year, and classified, 13,14. revocation or suspension of licenses to, 14, 16. appeal in case of refusal of license, 14. one local board not to grant a license refused by another, 15. unlicensed, not to be employed, 14, 15. to assist inspectors and answer their questions, 17, 20. to give information of accidents, 17. management of boilers. See Boilers. supervising inspectors to report delinquents, and cause them to be prosecuted, 20. names of, to be reported by collectors to each other in case of a license, or its refusal, suspension, or revocation, 21, 22. steamers on rivers to be stopped when they report navigation dangerous, 23. liability for damage from negligence, 24. fees for licenses, 25. to take an oath, 27. penalty for false swearing, 27. provisions of Act of 1838 respecting, 32. when guilty of manslaughter, 33. INDEX. 43 ENROLMENTS not to issue till Act of 1852, ch. 106, is complied with, 4. provisions of Act of 1838 respecting, 29. of steamboats owned by corporations, 37, 38. Act of 1812 respecting, 38. EVIDENCE. fact of explosion to be primdcfacie evidence of negligence, 33, 34. EXAMINATION of pilots and engineers, 13, 14. of steamboats and boilers. See Inspection EXPLOSION, liability in case of, 24. FALSE CERTIFICATES, penalty on inspectors for giving, 22, 23. FEES for steamboat inspections, 24, 25. for licenses to engineers and pilots, 24, 25. penalty on inspectors for taking rewards or illegal fees, 27. FERRY-BOATS, steam, Act of 1852 not to apply to, 28. FIRE-ENGINES, provision in Acts of 1838 and 1843 respecting, 33, 36. FIRE-LINE, inspection as to, 9. FIRES, precautions against, 4, 5. access to upper deck in case of, 6. For provisions respecting axes, boats, buckets,floats, pumps, life-preservers, and dangerous articles, see those titles. FLOATS, steamboats to be provided with, 5, 6. FLUES, inspection as to, 9. FOGS, stopping in case of, required, 23. FOOD, liability for insufficiency of, 17. FRICTION. For provisions respecting articles which ignite by, see Dangerous Articles. FUSIBLE ALLOYS in or upon boilers, 9. penalty for deranging, &c., 17, 18. GAUGE-COCKS to boilers, 9. GUNPOWDER, carriage of, as freight. See Dangerous Articles. HEMP, carriage of, as freight. See Dangerous Articles. HOSE to pumps, requisitions as to, 5. suction, to fire-engines, 33, 36. HULLS OF STEAMBOATS, inspectors of, to be appointed, 7, 8. duties as to inspection of, 4, 5, 6, 15. appeal from action of local inspectors, 14, 15. repairs to, where to be made, 15, 16. inspection of, where there is no local board, or it is inconvenient to resort to it, 16, 21. further requirements may be made as to, 15. HYDROSTATIC PRESSURE, how boilers are to be subjected to, 8, 9, 10. INSPECTION of steamboats to be made yearly, 8. 44 INDEX. INSPECTION. (Continued.) of boilers before used, and yearly afterwards, 8. how made, 8, 9, 10. as to allowable working pressure, 10. certificates of. form of, 11, 12 to be signed and sworn to, 12. to be delivered to the collector, 13. record of, 13. appeal from refusal to grant, 14. to be kept posted, 22. where there is no local board, or it is inconvenient to resort to it, 16, 21. to be promptly made, 15. made by any inspector interested or associated with those in interest to be void, 21. of ocean mail steamers, 28. under Act of 1838, 30, 31. of boiler-plates, 19, 20. INSPECTORS, LOCAL, to be appointed in certain collection districts, 7 qualifications of, 8. approval of, 8. their pay, 25, 26. expenses of, how defrayed, 20. fees for licenses, 25. penalty on, for taking bribes or illegal fees, 27. to make inspections. See Inspection. to report all their doings to collectors, 16. violations of Act of 1852, ch. 106, 16. to keep records, 13, 25. to report semiannually to collector, 25. to supervising inspector, 13. to license pilots and engineers. See Licenses. to examine steamers arriving and departing, 15. may make further requirements, 15. powers in districts where there is no local board, 16. may summon witnesses, 16. delinquent, may be removed, 20, 21. not to act when interested or associated with those in interest, 21. to enforce Act of 1852, ch. 106, 22. rules and regulations to be established for, 19, 20. penalty on, for giving false certificates, 22, 23. to be provided with testing instruments, 26. Acts of 1838 respecting, 29. INSPECTORtS, SUPERVISING. See Supervising Inspectors. INSTRUMENTS OF INSPECTION to be provided by the Secretary of the Treasury, 26. expense of transporting to be paid, 20. INTERROGATO RIES respecting boilers and engines, &c., to be prepared and addressed to skilful persons, 27, 28. answers to be reported to Congress, 28. engineers and pilots bound to answer, 17, 20. IRON RODS OR CHAINS for working the rudder, 33, 35. LIABILITY TO PASSENGERS, of owners and masters, for neglect to comply with requirements of inspectors, 15. for taking too many passengers, 17. for insufficient food or accommodations, 17. for detention, 17. for negclect to observe the rules of passing, 23, 24. for neglect to observe Act of 1852, 24. for neglect to stop on rivers when warned by pilot or engineer, 23. lien on vessels for, 27. of engineers and pilots, for neglect to observe Act of 1852, 24. for negligence, &c., 24. for neglect to observe the rules for passing, 17. INDEX. 45 LIABILITY TO PASSENGERS. (Continued.) bursting, &c. of boiler made primdfacie evidence of neglect, 33, 34. for neglect as to signal lights, 34. LICENSES to steamboats not to issue till Act of 1852, ch. 106, is complied with, 4. to carry certain dangerous articles on freight, when required, 6, 7, 12, 13. record of, to be kept, 13. certified copies of; to be given and kept posted, 22. to pilots and engineers, required in all cases, 13. by whom to be given, 13, 14. appeal from refusal to give, 14. revocation or suspension of, 14, 16. not to be given by one board after refusal by another, 15. record of, to be kept, 13. doings of local board respecting, to be reported to supervising inspectors, 13. to be reported by collectors to each other, 21. under Act of 1838, 30. LIEN ON STEAMBOATS for violation of Act of 1852, ch. 106, 4, 27. LIFE-BOATS to be provided, 5. LIFE-PRESERVERS OR FLOATS to be provided, 5, 6. LIGHTS, SIGNAL, in the night, provision respecting, 33, 34. LIST OF PASSENGERS, provision for the keeping of, 26. to be open to inspection of inspectors and officers of the customs, 26. penalty for neglect respecting, 26, 27. LOCAL INSPECTORS. See Inspectors. MAIL STEAMERS convertible into war steamers, inspection of, 28, 29. MANSLAUGHTER, officer or employer, by whose negligence, &c. life is lost, to be deemed guilty of, 33. indictment for, 33. MARKS ON BOILER-PLATES required, and how to be made, 18, 19. penalty for counterfeiting, 19. liability for using the marks of another, 19. MASTERS, liabilities of, to passengers. See Liability. penalties on. See Penalties. bound to answer inquiries of inspectors, 20. MATES bound to assist inspectors, point out defects, and inform of accidents, 17. NAVIGATION OF STEAMBOATS, penalty for, when certificate is not complied with, 23. liability for, when orders of inspectors are not complied with, 15. to what steamboats the Act of 1852 is to apply, 4, 28. NIGHT, signal lights during, 33, 34. OARS, requisition as to, 5. OATH of pilots and engineers, 27. of inspectors to certificates, 12. violation of, by witnesses, &c., penalty for, 27. of inspectors under Act of 1838, 30. OCEAN STEAMERS convertible into war steamers, inspection of, 28, 29. OILS, carriage of certain, on freight, regulations as to. See Dangerous Articles. 46 INDEX. OWNERS, liabilities of, to passengers. See Liability. penalties on. See Penalties. PASSENGERS, inspector's certificate to contain the allowed number of, 11. remedy for damages of, from detention or insufficient food or accommodations, 17. list of, to be kept on board, 26. to be open to inspection of inspectors and officers of the customs, 26. to have the right, on request, to see this Act. 27. remedies of, for damages. See Liabilities. PASSING, rules for, to be established and published, 23, 24. to be kept posted up, 24. liability for damages for neglect of rules for, 24. PENALTIES, on masters and owners, for navigating steamboats without compliance with Act of 1852, 4, 16, 22, 23. for employing unlicensed engineers or pilots, 14, 15. for taking too many passengers, 17, 27. for navigating without certificates and licenses posted up, 22. for violating rules for passing, 24. for not keeping list of passengers, 26, 27. for not keeping or exhibiting on request copies of Act of 1852, 27. for navigating without conforming to the certificate in accommodations, &c., 23. on pilots and engineers, for serving without license, 14, 15. on inspectors, for taking rewards or illegal fees, 27. on witnesses, for false swearing, 27. how sued for and recovered, 28. for carrying certain dangerous articles without license, 6. for shipping, or putting up for shipment, certain dangerous articles, unless packed as required, 6, 7. for deranging or obstructing means of regulating or indicating pressure or approach of danger, 17, 18. for allowing the water to fall below the water-line, 18. for making or using boilers except of allowed materials, 19. for counterfeiting, &c. stamps or marks on boiler-plates, 19. for using marks of another on boiler-plates, 19. on collectors, &c. and steamboat-inspectors, for not enforcing this law, 22. for false certificates of inspection, 22, 23. under Act of 1838, 30, 32, 33. for not opening safety-valves, 32. for not showing proper lights, 33, 34. PERJURY, false swearing before inspectors to be deemed, 27. PILOTS required to take out licenses yearly, 14. licenses to. See Licenses. penalties on. See Penalties. to take an oath, 27. to assist inspectors, 16, 17. to answer inquiries of inspectors, 17, 20. to inform them of accidents, 17. PRESERVERS, LIFE, provisions as to, 5, 6 PRESSURE ON BOILER, certificate of inspection to mention the allowed, 11, 12. hydrostatic, boilers how subjected to, 9, 10. examination and report as to, 28, 37. PUMPS, requisitions respecting, 4, 5. RECORD to be kept by inspectors, 13, 25. REGISTER not to issue to steamboats not complying with Act of 1852, ch. 106, 4. INDEX. 47 REGISTER. (Continued.) Act of 1812 respecting, 39. of steamboats owned by corporations, 37, 38. provisions of Act of 1838 respecting, 29. REPAIRS, where to be made, 15, 16. REPEAL of inconsistent acts, 28. REPORT by collectors to each other, of names of pilots and engineers licensed, 21, 22. of refusals, suspensions, or revocations of license, 21, 22. of vessels not observing requirements, 21, 22. by local inspectors to collectors, 16, 25. to supervising inspectors, 13. by supervising inspectors to Secretary of the Treasury, 21, 28. by Secretary of the Treasury to Congress, respecting steamboats, 28. by supervising inspectors to local board, of violations of Act of 1852, ch. 106, 20, 21. REVOCATION of licenses. See Licenses. RUDDERS, provisions of Acts of 1838 and 1843 respecting iron rods or chains to, 33, 35. RULES AND REGULATIONS for passing, to be established, 23, 24. penalty and liability for non-compliance with, 24. for local boards, may be established by supervising inspectors, 19, 20, 21. SAFETY-VALVES, inspection as to, 9. one may take from control of the navigator, 9. statement of, in certificates, 11. penalty for deranging, loading, &c., 17, 18. to be opened when vessel stops, 32. penalty for neglect, 32 SECRETARY OF THE TREASURY, local inspectors to be approved by, 8. to pay salaries of supervising inspectors and local inspectors, 25. to allow and pay inspectors' expenses, 20. to provide testing( instruments, 26. to give directions as to inquiries for information respecting steamboats, boilers, &c., 27, 28. to report the same to Congress with his own recommendations, 28. to direct the mode of stamping boiler-plates, 19. SIGNAL LIGHTS, provisions respecting, in Acts of 1838 and 1849, 33, 34. STAMPS ON BOILER-PLATES, provision for, 19. penalty for counterfeiting, &c., 19. penalty and liability for using stamp of another person, 19. STATE-ROOMS, certificate to mention number of, 11. penalty for not having the accommodations mentioned, 23. STEAMBOATS CARRYING PASSENGERS not to have papers issued, without compliance with Act of 1852, 4. inspection of. See Inspection. employment of pilots and engineers. See those titles. carriage by, of certain dangerous articles on freight. See Dangerous Articles. penalties on owners and officers of. See Penalties. liabilities of owners and officers of, to passengers. See Liabilities. to keep on board two copies of Act of 1852, ch. 106, and exhibit the same on request, 27. what are not subjected to Act of 1852, 28. register, enrolment, and licenses of. See those titles. STEAMERS, OCEAN, convertible into war steamers, inspection of, 28, 29. STEERING, iron ropes or chains to be provided for, 33. exception, 35. 48 INDEX. STOPPING, requirements as to, on rivers, when navigation is dangerous, 23. SUPERVISING INSPECTORS, nine to be appointed, 19, 20. qualifications of, 19, 20. to meet at least yearly, 19, 20. to establish rules, &c., for themselves and local boards, 20. to assign their own limits, 20. pay of, 20. provision for expenses of, 20. general provision as to duties of, 20, 21, 22. to report delinquencies, 20, 21. powers where there is no local board, or it is inconvenient to resort to it, 21. not to act when interested or associated with those interested, 21. to keep an account of steamers boarded, 25. to report it semiannually, 25. penalty for receiving rewards or illegal fees, 27. to receive information as to steamboats, &c., and transmit it to Secretary of the Treasury, 27. to act in appointment of local inspectors, 7. reexamination by, of acts of local boards, 15. local boards to report their doings as to licenses to, 13. TILLER. See Rudder. TOW-BOATS, Act of 1852, ch. 106, not to apply to, 28. TREASURY. See Secretary of the Treasury. fees to be paid into, by collectors and inspectors, 25 TUG-BOATS, Act of 1852, ch. 106, not to apply to, 28. WATER-LINE, requisitions as tc, 9. penalty for allowing water in the boiler to fall below, 18. WITNESSES, inspectors may summon, 16. their fees, 16. penalty on, for false swearing, 27. YAWLS, provision respecting, in Act of 1843, 32, 36.