Page images
PDF
EPUB

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 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 a re-examination of the case to the supervising inspector, as is herein before 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 to the passengers and their baggage which shall occur from any defects so as aforesaid stated in said notice, which shall be in writing, and all inspections and orders shall be promptly made by the inspectors; and where it can be safely done, in their judgment, they shall permit repairs to be made where those interested can most conveniently do them; and no inspectors of one district shall modify or annul the doings of the inspectors of another district, in regard to repairs, unless there is a change in the state of things demanding more repairs than were thought necessary when the order was made; nor shall the inspectors of one district appoint a person coming from another, if such person has been rejected for unfitness or want of qualifications.

Twelfth. The said board, when thereto requested, shall inspect steamers belonging to districts where no such board is established; and if a certificate of approval is not granted, no other inspection shall be made by the same or any other board until the objections made by the inspectors are removed; and if any vessel shall be navigated after a board of inspectors have refused to make the collector a certificate of approval, she shall be liable to the same penalties as if she had been run without a license: Provided, however, That nothing herein contained shall impair the right of the inspectors to permit such vessel to go to another port for repairs, if, in their opinion, it is safe so to do.

Thirteenth. The said board of inspectors shall have power to summon before them witnesses, and to compel their attendance by the same process as in courts of law; and, after 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 such person, the board shall immediately suspend or revoke his license, and report their doings to the chief officer of the customs; and the said chief officer of the customs shall pay out of the revenues herein provided such sums to any witness 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.

Fourteenth. That the said board shall report promptly all 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.

Fifteenth. That it shall at all times be the duty of all engineers and pilots licensed under this act, and all mates to assist the inspectors in the examination of any such vessels to which any such engineer, mate, or pilot belongs, and to point out all defects and imperfections in the hull, or apparatus for steaming, and also to make known to them, at the earliest opportunity, all accidents occasioning serious 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 where the number of passengers is limited by the inspector's certificate, it shall not be lawful to take on board of any steamer a greater number of passengers than is certified by the inspectors in the certificate; and the master and owners, or either of them, shall be liable to any person suing for the 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 bond is given to the marshal, for the benefit of the plaintiff, to secure the satisfaction of such judgment as he may recover, the

vessel shall be released.

SEC. 11. And be it further enacted, That if the master of a steamer, or any other person, whether acting under orders or not, shall intentionally load or obstruct, or cause to be loaded or obstructed, in any way or manner, the safety valve or valves of a boiler, or shall employ any other means or 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 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 therein, 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.

SEC. 12. And be it further enacted, That if at any time there be a deficiency of water in a boiler, by suffering it to fall below three inches above the flue, as prescribed in this act, unless the same happens through inevitable accident, the master, if it be by his order, assent, 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.

SEC. 13. And be it further enacted, That hereafter all boilers of steamboats, made of iron, shall be constructed of plates which have been stamped according to the provisions of this

act.

SEC. 14. And be it further enacted, That it shall be the 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 manufacturing 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 boiler shall be approved which is made of unsuitable material, 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, or which is made of any but wrought iron, of a quality equal to good iron made with char

coal.

SEC. 15. And be it further enacted, That all plates of boiler iron shall be distinctly and permanently stamped in 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 unlawful to use, in such vessel for generating steam for power, a boiler, or steam pipe connecting the boilers, made after the passage of this act of any iron, unless it has been stamped 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 shall counterfeit the marks and stamps required by this act, 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 persons shall stamp or mark plates with the name or marks of another, with intent to mislead, deceive, or defraud, such person or persons shall be liable to any one injured thereby for all damage occasioned by such fraud or deception.

SEC. 18. And be it further enacted, That, in order to carry this act fully into execution, the President of the United States shall, with the advice of the Senate, appoint nine supervising inspectors, who shall be selected for their knowledge, skill, and experience in the uses of steam for navigation, 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 they may agree upon once in each year at least, for joint consultation and the establishment of rules and regulations for their own conduct, and that of the several boards of inspectors within the districts, and also to assign to each of the said nine inspectors the limits of territory within which he shall perform his duties. And the said supervising inspectors shall each be paid for his services after the rate of fifteen hundred dollars a year, and, in addition thereto, his actual 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 instructions as shall be given by the Secretary of the Treasury, who is hereby authorized to pay such salaries, and also such travelling expenses, and the actual reasonable expenses (both to them and other inspectors) of transporting from place to place the instruments used in inspections, which expenses shall be proved to his satisfaction.

SEC. 19. And be it further enacted, That the supervising 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 complied with, both by the board of inspectors and the master and owners; and it shall be the duty of all masters, engineers, and pilots, of such vessels, to answer all reasonable inquiries, and to give all the information in their power, in regard to any such vessel so visited, and her machinery for steaming, and the manner of managing both.

SEC. 20. And be it further enacted, That whenever a supervising inspector ascertains to his satisfaction that the master, engineer, pilot, or owners 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 inspected the vessel to do its duty, he shall report the facts in writing to the Secretary of the Treasury, who shall cause immediate investigation

« PreviousContinue »