Public Law 392.
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/statutes-at-large/vol-49/public-law-392·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/pl/74/301).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Limitation of ship owners’ liability.limitation of shipowners’ liability Section 1. [R. S., sec. 4283, p. 827](/us/rs/s4283/p827); [U. S. C., p. 1998](/us/usc/p1998). Revised Statutes 4283, United States Code, title 46, section 183, shall be amended by adding the following proviso at the Amount of liability.*Post*, p. 1479.end thereof: “ *Provided*, That the total liability of the owner or owners of any sea-going sailing, steam, or motor vessel, whether American or foreign, other than tugs, barges, fishing vessels and their tenders, for the entire loss of life or personal injuries caused without the fault or privity of such owner or owners to any person, shall be in an amount not less than an amount equal to $60 for each ton of the tonnage of such vessel or vessels, or the amount or value of the interest of such owner in such vessel and her freight Tonnage of steam or motor vessel construed.then pending, if the latter be the greater amount.
The tonnage of a steam or motor vessel shall be her gross tonnage without deduction on account of engine room, and the tonnage of a sailing vessel shall be her registered tonnage, provided that there shall not be included in such tonnage any space occupied by seamen or apprentices and appropriated to their use. The owner of every sea-going vessel or share therein shall be liable in respect of every such loss of life or personal injury arising on distinct occasions to the same extent as if no other loss or injury had arisen.
” Sec. 2. Liability of owner.*Post*. p. 1481. In respect of loss of life or bodily injury, the actual privity or knowledge of the master of a sea-going vessel (other than tugs, barges, fishing vessels and their tenders), or of the superintendent or managing agent of the owner thereof, at or prior to the commencement of each voyage, shall be deemed conclusively the privity or knowledge of the owner of such vessel. Sec. 3. Chapter 6 of Title 48 of the Revised Statutes is amended by inserting after section 4283, as amended, the following new section:
" “Sec. 4283A. Stipulations limiting time for filing claims and commencing suit.Unlawful acts. Stipulations limiting time for filing claims and commencing suit.—
(a)It shall be unlawful for the manager, agent, master, or owner of any sea-going vessel (other than tugs, barges, fishing vessels and their tenders) transporting passengers or merchandise or property from or between ports of the United States and foreign ports to provide by rule, contract, regulation, or otherwise a shorter period for giving notice of, or filing claims for loss of life or bodily injury, than six months, and for the institution of suits on such claims, than one year, such period for institution of suits to be computed from the day when the death or injury occurred. “(b) When failure to give notice not to bar claim. Failure to give such notice, where lawfully prescribed in such contract, shall not bar any such claim— “(1) If the owner or master of the vessel or his agent had knowledge of the injury, damage, or loss and the court determines that the owner has not been prejudiced by the failure to give such notice; nor “(2) If the court excuses such failure on the ground that for some satisfactory reason such notice could not be given; nor “(3) Unless objection to such failure is raised by the owner. “(c) Claim filed by legal representative. If a person who is entitled to recover on any such claim is mentally incompetent or a minor, or if the action is one for wrongful death, any lawful limitation of time prescribed in such contract961shall not be applicable so long as no legal representative has been appointed for such incompetent, minor, or decedent’s estate, but shall be applicable from the date of the appointment of such legal representative: *Provided, however*, That such appointment be made*Proviso*.Limitation. within three years after the date of such death or injury.” " Approved, August 29, 1935. Authorizing construction, operation, and maintenance of Rio Grande canalization project and authorizing appropriation for that purpose. 1935-08-29 805 Chapter 49 Stat. 961 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 805.] AN ACT Authorizing construction, operation, and maintenance of Rio Grande canalization project and authorizing appropriation for that purpose. August 29, 1935.[[S. 3085.](/us/bill/74/s/3085)][[Public, No. 392](/us/pl/74/392).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That upon theRio Grande canalization project.Construction of diversion dam authorized.*Ante*, p. 24. completion of the engineering investigation study, and report to the Secretary of State, as heretofore authorized by Public Resolution Numbered 4, Seventy-fourth Congress approved February 13, 1935, the Secretary of State, acting through the American Section, International Boundary Commission, United States and Mexico, in order to facilitate compliance with the convention between theVol. 34, p. 2953. United States and Mexico concluded May 21, 1906, providing for the equitable division of the waters of the Rio Grande, and to properly regulate and control, to the fullest extent possible, the water supply for use in the two countries as provided by treaty, is authorized to construct, operate, and maintain, in substantial accordance with the engineering plan contained in said report, a diversion dam in the Rio Grande wholly in the United States, with appurtenant connections to existing irrigation systems, and to acquire by donation, condemnation, or purchase such real and personal property as may be necessary therefor. Sec. 2. There is authorized to be appropriated the sum ofAppropriation authorized. $1,000,000 for the purposes of carrying out the provisions of section 1 hereof, other than for operation and maintenance, including salaries and wages, fees for professional services; rents, travel expenses; per diem in lieu of actual subsistence; printing and binding, law books and books of reference: *Provided*, That the provisions of*Provisos*.Minor purchases.[R.S., sec. 3709, p.733](/us/rs/s3709/p733); [U. S. C., p. 1803](/us/usc/p1803). section 3709 of the Revised Statutes (U. S. C., title 41, sec. 5) shall not apply to any purchase made or service procured when the aggregate amount involved is $100 or less; purchase, exchange, maintenance, repair and operation of motor-propelled passenger- and freight-carrying vehicles ; hire with or without personal services, of work animals and animal-drawn and motor-propelled vehicles and equipment; acquisition by donation, condemnation, or purchase of real and personal property; transportation (including drayage) of personal effects of employees upon change of station; telephone, telegraphic, and air-mail communications; rubber boots for official use by employees; ice; equipment, services, supplies, and materials and other such miscellaneous expenses as the Secretary of State may deem necessary properly to carry out the provisions of the Act: *Provided*, That any part of any appropriation made hereunder mayTransfer of appropriations to Interior Department. be transferred to, for direct expenditure by, the Department of the Interior pursuant to such arrangements therefor as may be from time to time effected between the Secretary of State and the Secretary of the Interior, or as directed by the President of the United States. Approved, August 29, 1935. To provide additional funds for the completion of the Mount Rushmore National Memorial, in the State of South Dakota, and for other purposes. Chapter 806 49 Stat. 962 1935-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 74 1 public 962 [CHAPTER 806.] AN ACT To provide additional funds for the completion of the Mount Rushmore National Memorial, in the State of South Dakota, and for other purposes. August 29, 1935.[[H. R. 3204](/us/bill/74/hr/3204).][
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