Chapter 389. To amend the laws relating to navigation
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CHAP. 389.— An Act To amend the laws relating to navigation. March 3, 1897. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section forty-five hundredNavigation. and seven of the Revised Statutes be, and is hereby, amended to read as follows: " “Sec. 4507. The Secretary of the Treasury shall assign in publicShipping commisioners’ offices.R.S. sec. 4507, p. 871, amended. buildings or otherwise procure suitable offices and rooms for the shipment and discharge of seamen, to be known as shipping commisioners’ offices, and shall procure furniture, stationery, printing, and other requisites for the transaction of the business of such offices.
” " 688 FIFTY-FOURTH CONGRESS. Sess. II. Ch. 389. 1897. Sec. 2. Allotment of space for crow in vessels.Vol. 28, p. 841.That on and after June thirtieth, eighteen hundred and ninety-eight, every place appropriated to the crew of a seagoing vessel of the United States, except a fishing vessel, yacht, a pilot boat, and all vessels under two hundred tons register, shall have a space of not less than seventy-two cubic feet and not less than twelve square feet measured on the deck or floor of that place for each seaman or apprentice *Proviso*.Increase on new or rebuilt vessels.lodged therein: *Provided*, That any such seagoing sailing vessel, built or rebuilt after June thirtieth, eighteen hundred and ninety-eight, shall have a space of not less than one hundred cubic feet and not less than sixteen square feet measured on the deck or door of that space for each seaman or apprentice lodged therein.
Such place shall be securely constructed, properly lighted, drained, heated and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water. Fishing vessels, yachts, and pilot boats exempt from crew space.Vol. 28, p. 841.Fishing vessels, yachts, and pilot boats are hereby exempted from the provisions of section one of chapter one hundred and seventy-three of the laws of eighteen hundred and ninety-five, entitled “An Act to amend section one of chapter three hundred and ninety-eight of the laws of eighteen hundred and eighty-two, entitled ‘An Act to provide for deductions from the gross tonnage of vessels of the United States,’” so far as said section prescribes the amount of space which shall be appropriated to the crew and provides that said space shall be kept free from goods or stores not being the personal property of the crew in use during the voyage.
Sleeping rooms for crew on Mississippi River steamers.And on and after June thirtieth, eighteen hundred and ninety-eight, every steamboat of the United States plying upon the Mississippi River or its tributaries shall furnish an appropriate place for the crew, which shall conform to the requirements of this section so far as they shall be applicable thereto by providing sleeping room in the engine room of the steamboats properly protected from the cold, winds, and rain by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck, under the direction and approval of the Supervising Inspector-General of Steam Vessels, and shall be properly heated.
Any Penalty for failure.failure to comply with this section shall subject the owner or owners to a penalty of five hundred dollars. Sec. 3. Return of seamen.That section forty-five hundred and seventy-six of the Revised Statutes be, and is hereby, amended to read as follows: " “Sec. 4576. Certified copy of crew list required on return from voyage.R. S., sec. 4576, p. 886, amended.The master of every vessel bound on a foreign voyage or engaged in the whale fishery shall exhibit the certified copy of the list of the crew to the first boarding officer at the first port in the United States at which he shall arrive on his return, and also produce the persons named therein to the boarding officer, whose duty it shall be to examine the men with such list and to report the same to the collector; and it shall be the duty of the collector at the port of arrival, where the same is different from the port from which the vessel originally sailed, to transmit a copy of the list so reported to him to the collector Penalty if persons named are not produced.of the port from which such vessel originally sailed.
For each failure to produce any person on the certified copy of the list of the crew the master and owner shall be severally liable to a penalty of four hundred dollars, to be sued for, prosecuted, and disposed of in such manner as penalties and forfeitures which may be incurred for offenses against the Exemption.laws relating to the collection of duties; but such penalties shall not be incurred on account of the master not producing to the first boarding officer any of the persons contained in the list who may have been discharged in a foreign country with the consent of the consul, vice-consul, commercial agent, or vice-commercial agent there residing, certified in writing, under his baud and official seal, to be produced to the collector with the other persons composing the crew, nor on account of any such person dying or absconding or being forcibly impressed into other service of which satisfactory proof shall also be exhibited to the collector.
” " 689 Sec. 4. That section forty-five hundred and forty-one of the RevisedCircuit court to receive effects of deceased seamen.R. S. sec. 4541, p. 878, amended. Statutes be, and is hereby, amended by striking out the words “district judge for the district,” in the seventh line of said section, and substituting in place thereof the words “circuit court of the circuit;” and that said section be, and is hereby, further amended by striking out the words “district judge” where they occur in the eleventh and twelfth lines of said section and substituting in place thereof the words “circuit court.
” Sec. 5. That rule eleven of section forty-two hundred and thirty-threeLights on vessels. of the Revised Statutes, relating to pilot boats, be amended by adding thereto a paragraph as follows: " “Steam pilot boats shall, in addition to the masthead light and greenSteam pilot boats.R. S., sec. 4233, p. 817, amended. and red side lights required for ocean steam vessels, carry a red light hung vertically from three to five feet above the foremast headlight, for the purpose of distinguishing such steam pilot boats from other steam vessels.
” " Sec. 6. That section forty-five hundred and forty-two of the RevisedDeceased seamen’s wages.R. S., sec. 4542, p. 878. amended. Statutes be, and is hereby, amended by adding thereto the words “or where he died.” Sec. 7. That section forty-five hundred and forty-five of the Revised Statutes be, and is hereby, amended to read as follows: " “Sec. 4545. A circuit court, in its discretion, may at any time directSale of unclaimed seamen’s effects, etc.R.S. sec. 4545, p. 879. amended. the sale of the whole or any part of the effects of a deceased seaman or apprentice, which it has received or may hereafter receive, and shall bold the proceeds of such sale as the wages of deceased seamen are held.
When no claim to the wages or effects or proceeds of the sale of the effects of a deceased seaman or apprentice, received by a circuit court, is substantiated within six years after the receipt thereof by the court, it shall be in the absolute discretion of the court, if any subsequent claim is made, either to allow or refuse the same. Such courts shall, from to time, pay any moneys arising from the unclaimed wages and effects of deceased seamen, which in their opinion it is not necessary to retain for the purpose of satisfying claims, into the Treasury of the United States, and such moneys shall form a fund for, and be appropriated to, the relief of sick and disabled and destitute seamen belonging to the United States merchant marine service.
” " Sec. 8. That chapter ninety-seven of the laws of eighteen hundredShipment of crews on sailing vessels, etc.Vol. 28, p. 687. and ninety-five, entitled “An Act to amend an Act entitled ‘An Act to amend the laws relative to shipping commissioners,’ approved August nineteenth, eighteen hundred and ninety,” is amended by striking therefrom the word “seventh,” in the eighteenth line and inserting the words “and four thousand six hundred and two” in the thirty-fourth line after the words “four thousand five hundred and fifty-four.
” Sec. 9. That fees for the entry direct from a foreign port and for theEntrance and clearance fees. Canadian border abolished.R. S., sec. 4382, p. 847. clearance direct to a foreign port of a vessel navigating the waters of the northern, northeastern, and north western frontiers of the United States otherwise than by sea, prescribed by section forty-three hundred and eighty-two of the Revised Statutes, are abolished. Where suchCollector’s compensation. fees, under existing laws, constitute in whole or in part the compensation of a collector of customs, such officer shall hereafter receive a fixed sum for each year equal to the amount which lie would have been entitled to receive as fees for such services during said year.
Sec. 10. That section forty-one hundred and sixty-five of the Revised Statutes be, and is hereby, amended to read as follows: " “Sec. 4165. A vessel registered pursuant to law, which by sale hasRegistry of American vessels repurchased from foreigners.R. S., sec. 4165, p. 803, amended. become the property of a foreigner, shall be entitled to a new register upon afterwards becoming American property, unless it has been enlarged or undergone change in build outside of the United States.
” " Sec. 11. That section thirteen of chapter three hundred and forty-four of the laws of eighteen hundred and seventy-four be, and is hereby, amended to read as follows: 690 " “Sec. 13. Penalties for failure to report loss, etc. of vessels.Remission.Vol. 18, p. 128.That the Secretary of the Treasury may, upon application therefor, remit or mitigate any penalty provided tor in this Act, or discontinue any prosecution to recover the same, upon such terms as he, in his discretion, shall think proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may think proper.
All penalties herein provided Recovery.R. S., 4305, p. 831.may be sued for, prosecuted, recovered, and disposed of in the manner prescribed by section forty-three hundred and five of the Revised Statutes.” " Sec. 12. Preventing collisions at sea.R. S., sec. 4233, p. 817. amended.That rule fourteen, rule fifteen (a), (b), and (c), rule sixteen and rule seventeen, of section forty-two hundred and thirty-three of the Revised Statutes be, and are hereby, amended to read as follows:
“Rule fourteen. Lights.The exhibition of any light on board of a vessel of war of the United States may be suspended whenever, in the opinion Exemption to naval vessels and revenue cutters.of the Secretary of the Navy, the commander in chief of a squadron, or the commander of a vessel acting singly, the special character of the service may require it. The exhibition of any light on board of a revenue cutter of the United States may be suspended whenever, in the opinion of the commander of the vessel, the special character of the service may require it.
“Rule fifteen. Fog signals.(a) Whenever there is a fog, or thick weather, whether by day or night, fog signals shall be used as follows: Steam vessels under way shall sound a steam whistle placed before the funnel, not less than eight feet from the deck, at intervals of not more than one minute. Steam vessels, when towing, shall sound three blasts of quick succession repeated at intervals of not more than one minute,
(b)Sail vessels under way shall sound a fog horn at intervals of not more than one minute,
(e)Steam vessels and sail vessels, when not under way, shall sound a bell at intervals of not more than two minutes.” Rule 16. Avoidance of collisions.Risk of collision can, when circumstances permit, be ascertained by carefully watching the compass bearing of an approaching vessel, if the bearing does not appreciably change such risk should be deemed to exist. Rule 17. Rules for sailing vessels.When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, namely:
(a)A vessel which is running free shall keep out of the way of a vessel which is close-hauled.
(b)A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close-hauled on the starboard tack.
(c)When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other.
(d)When both vessels are running free, with the wind on the same side, the vessel which is to the windward shall keep out of the way of the vessel which is to the leeward.
(e)A vessel which has the wind aft shall keep out of the way of the other vessel. Sec. 13. R.S., sec. 4233, p. 818, amended.That section forty-two hundred and thirty-three of the Revised Statutes be, and is hereby, amended by adding thereto: " “Rule twenty-five. Lights by sailing vessels when overtaken.A sail vessel which is being overtaken by another vessel during the night shall show from her stern to such last-mentioned vessel a torch or a flare-up light. “Rule twenty-six. Rules do not exonerate neglect of precautions, etc.Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the case.” " Sec. 14. Inspection of foreign vessels admitted to American register.That the Secretary of the Treasury be, and he is hereby, authorized to direct the inspection of any foreign vessel, admitted to American registry, its steam boilers, steam pipes, and appurtenances, and to direct the issue of the usual certificate of inspection, whether691 said boilers, steam pipes, and appurtenances are or are not constructed pursuant to the laws of the United States, or whether they are or are not constructed of iron stamped pursuant to said laws. The tests inTests. the inspection of such boilers, steam pipes, and appurtenances shall be the same in all respects as to strength and safety as are required in the inspection of boilers constructed in the United States for marine purposes. Sec. 15. That section twenty-eight hundred and thirty-four of the Revised Statutes be, and is hereby, amended by repealing the following words therein: " “The master of any vessel bound to any district in Connecticut,Deposit of papers of ships passing by New York or Philadelphia abolished.R. S., sec. 2834, p. 547, amended. through or by the way of Sandy Hook, shall, before he passes the port of New York, and immediately after his arrival, deposit with the collector for the district of New York a true manifest of the cargo on board such vessel. The master of any vessel bound to the district of Burlington shall, before he passes the port of Philadelphia, and immediately after his arrival, deposit with the collector thereof a like manifest; and the collector shall, after registering the manifest, transmit the same, duly certified to have been so deposited, to the officer with whom the entries are to be made; and the” " Sec. 16. That sections twenty-five hundred and seventy, twenty-fiveRepeal provisions.R. S., secs. 2570–2575, p. 509 ; secs. 2584, 2585, p. 511; sec. 2824, p. 546; sec. 2835, p. 547; sec. 2897. p. 561 ; secs. 4133, 4134, p. 796; sec. 4234. p. 818; secs. 4589, 4590, p. 889. hundred and seventy-one, twenty-five hundred and seventy-two, twenty-five hundred and seventy-three, twenty-five hundred and seventy-four, twenty-five hundred and seventy-five, twenty-five hundred and eighty-four, twenty-five hundred and eighty-live, twenty-eight hundred and twenty-four, twenty-eight hundred and thirty-five, twenty-eight hundred and ninety-seven, forty-one hundred and thirty-three, forty-one hundred and thirty-four, forty-two hundred and thirty-four, forty-live hundred and eighty-nine, and forty-five hundred and ninety of the Revised Statutes are repealed. Sec. 17. That section twenty-seven hundred and ninety-seven of theForfeiture of sea stores. Revised Statutes be, and is hereby, amended by adding thereto the following words: " “Sea stores and the legitimate equipment of vessels belonging toTransferor stores to vessels of same line permitted.R. S., sec. 2797, p. 541, amended. regular lines plying between foreign ports and the United States delayed in port for any cause may be transferred in such port of the United States under the supervision of the customs officers from one vessel to another vessel of the same owner without payment of duties, but duties must be paid on such stores or equipments landed for consumption, except American products.” " Sec. 18. That section fifty-three hundred and forty-seven of the Revised Statutes be amended to read: " “Sec. 5347. Every master or other officer of an American vessel onPunishment for maltreating crew by officers.R. S., sec. 5347, p. 1039, amended. the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, who, without justifiable cause, beats, wounds, or imprisons any of the crew of such vessel or withholds from them suitable food and nourishment, or inflicts upon them any cruel and unusual punishment, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five years, or by both.” " Nothing herein contained shall be construed to repeal or modifyRepeal of flogging not affected.R. S., sec. 4611, p. 894.Shipping articles.R.S., sec. 4511, p. 872. amendedAdditional regulations. section forty-six hundred and eleven of the Revised Statutes. Sec. 19. That article seven of section forty-five hundred and eleven of the Revised Statutes be, and is hereby, amended to read: " “Seventh. Any regulations as to conduct on board and as to fines, short allowances of provisions, or other lawful punishments for misconduct, which may be sanctioned by Congress or authorized by the Secretary of the Treasury not contrary to or not otherwise provided for by law, which the parties agree to adopt.” " Sec. 20. That this Act shall take effect July first, eighteen hundredTo take effect July 1, 1897. and ninety-seven. Approved, March 3, 1897.