The inspectors ought to be enjoined to confine their inquiries to the points mentioned in the law; indeed, as their duty will require little more than vigilant observations, it may be performed without occasioning much. delay and inconvenience to trade. In cases where it appears from the permits to unlade, and from a view of the cargoes, that there are no foreign goods or distilled spirits on board, no inspection of the deliveries will be necessary. SECTION XVI. VESSELS ON THE NORTHERN, NORTHEASTERN, AND NORTHWESTERN ART. 156. The 3d section of the act of March 2, 1831, entitled "An act to regulate the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, and for other purposes," requires every boat, sloop, or other vessel of the United States. navigating the waters on those frontiers, otherwise than by sea, to be enrolled and licensed in such form as shall be prescribed by the Secretary of the Treasury. trade to be enroll Vessels in this ed and licensed. Act March 2, 1831. and requirements in enrolment and license.. 157. The same proceedings, requirements, and forms Proceedings are to be pursued and complied with as in the case of the the application for enrolment and licensing of ships or vessels under the general law regulating the issue of that description of marine papers, except that the enrolment and license shall be in the following forms, which have been prescribed by the Secretary of the Treasury under the provisions of the act of 2d March, 1831: FORM No. 61. Enrolment of vessel. ENROLMENT. No. Form of enrolment Acts Feb. 18, 1793; July 7, 1588; July 29, 1850. In conformity to an act of the Congress of the United of vessel. States of America, entitled "An act for enrolling and licensing ships and vessels, &c," passed the 18th February, 1793, and "An act to regulate the foreign and coasting trade on the northern, northeastern, and north western frontiers of the United States, and for other pur- having taken or subscribed the said acts, and having required by the that citizens of the United States, sole owners (stating pro- having agreed to the description and admeasurement above specified, and sufficient security having been given in conformity with the terms of the said acts, the said- has been duly enrolled at the port of March 2, 1831; July 7, 1838; July 29, 1850. No. In pursuance of an act of the Congress of the United States of America, entitled "An act for enrolling and licensing ships or vessels, &c," passed the 18th February, 1793, and "An act to regulate the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, and for other purposes," passed the 2d March, 1831, and the acts of the 7th July, 1838, and 29th July, 1850, having given bond that the called the whereof the said tons, as appears by is master; burden shall not be employed in any trade, while this license Given under hand and seal of office, at the port of, in the said district, this — day of in the year one thousand eight hundred and so docu mented may enin either coasting or foreign 158. The foregoing enrolment and license authorize the Vessels vessel to be employed either in the coasting or foreign gage trade; no certificate of registry being required for vessels trade. so employed on the northern, northeastern, or northwestern frontiers of the United States. Such vessels are, how- Liabilities of such ever, in every other respect, liable to the rules, regulations, and penalties in force relating to registered vessels on those frontiers, at the date of the enactment of the law of the 2d March, 1831. SECTION XVII. vessels. PASSENGER STEAMSHIPS AND OTHER VESSELS. ART. 159. The attention of collectors and other officers Act March 3, 1855 of the customs, as well as all persons interested and engaged in carrying passengers in steamships and other vessels, is specially called to the provisions of the act of Congress, approved March 3, 1855, entitled " An act to regulate the carriage of passengers in steamships and other vessels," and strict compliance with its terms and provisions enjoined upon the aforesaid officers and other persons interested. ed to each passen. 160. It will be observed that, whilst this act prescribes Space to be allow spaces of certain clear superficial feet of deck to each pas- ger. senger, (other than cabin passengers,) it moreover fixes a maximum by restricting the number of such passengers gers restricted. Number of passen allowed to be carried in any such vessel in the proportion of one to every two tons of said vessel's tonnage measureComputation in re- ment, excluding children under the age of one year in the gard to children. Mode of determinng the number of ed. computation, and computing two children over one and under eight years of age as one passenger. It follows, that though a vessel might afford clear spaces of the dimensions indicated for a greater number of passengers than one to every two tons of her tonnage measurement, yet if the number shall exceed that allowed by her tonnage measurement, the penalties imposed by the law would attach; or if her tonnage measurement should allow a greater number of passengers than according to the clear spaces prescribed by law she could carry, yet if the number shall exceed that allowed by the clear spaces prescribed by law, the penalties imposed by the law would equally attach. In other words, the one rule, as to the number of passengers a vessel is entitled to carry, is a limitation upon the other. The tonnage of each vessel, according to custom-house measurement, must, therefore, be ascertained, as well as the measurement of the spaces allotted to passengers, in order to determine the number of passengers she is entitled to carry. 161. In order to determine the number of passengers a passengers allow vessel is entitled to carry in accordance with the spaces prescribed by this act, the height between the decks must be measured, not, as heretofore directed, from the bottom edge of the carlings or deck beams, but from the under surface of the upper deck to the top floor below; and no space shall be considered available for passengers that has not, when measured in this manner, the height called for by the law, as the case may be; nor shall any space in the vessel of a less width than four feet be measured; provided, however, if the vessel shall, in accordance with the provisions of the first section of this act, carry any portion of her cargo, or any other article or articles, on any of the decks, cabins, or other places appropriated to the use of passengers, in lockers or enclosures prepared for the purpose, the height between decks shall be measured from the under surface of the upper deck to the upper surface of said lockers or enclosed spaces, which shall be deemed and taken to be the deck or platform from which measurement shall be made for all the purposes of this act, and the spaces occupied by said lockers or enclosed spaces shall be deducted from the spaces allowable for the use of passengers. For example: The spaces in the main and poop decks or platforms, and in the deck houses, if any there be, will be 16 by 6 96 feet; lower deck, 18 by 6 108 feet; two-deck vessels, 14 by 7 105 feet. The encumbering by merchandise or stores, not the personal baggage of the passengers, except in lockers or enclosures prepared for the purpose, of any part of the space occupied by the passengers, will vitiate the whole space, unless the part so encumbered be separated from that so occupied, by a substantial bulkhead. The deck or platform must be of a permanent nature, flush, and impervious to water. 162. Collectors will keep a special account of the moneys Collector to keep received under the 14th section of this act on account of moneys received. deceased passengers; and, before making payments to any board or commission of the description mentioned in the law, will make a report to the Department of the num- Report to be made ber and designation of the boards or commissions appointed and acting under the authority of the State in which their respective ports are situated, to enable the Department to determine which is entitled to receive the same. 163. It will be observed that the 19th section of this act expressly repeals all former laws on the subject, except so far as concerns the prosecution, recovery, distribution, or remission of any fines, penalties, and forfeitures which may have been incurred under former laws prior to the day this act went into effect; which, with respect to vessels sailing from ports in the United States on the eastern side of the continent, was within thirty days from the time of its approval; with respect to vessels sailing from ports in the United States on the western side of the continent, and from ports in Europe, was within sixty days from the time of its approval; and with respect to vessels sailing from ports in other parts of the world, was within six months from the time of its approval. to the Treasury Department. Former laws repealed in part. |