Public Law 663.
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/statutes-at-large/vol-49/public-law-663·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/pl/74/662).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section 4283 Limitation of shipowners’ liability.[R. S., sec. 4283, p. 827](/us/rs/4283/827).[U. S. C., p. l998; Supp. I, p. 273](/us/usc/1998/273).*Ante*, p. 960.of the Revised Statutes, as amended (U. S. C., 1934 ed., title 46, sec. 183; Supp. I, title 46, sec. 183), is hereby amended to read as follows: " “Sec. 4283.
(a)The liability of the owner of any vessel, whether Liability of owner; amount.American or foreign, for any embezzlement, loss, or destruction by any person of any property, goods, or merchandise shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of such owner or owners, shall not, except in the cases provided for in subsection
(b)of this section, exceed the amount or value of the interest of such owner in such vessel, and her freight then pending. “(b) In the case of any seagoing vessel, if the amount of the Seagoing vessels; liability when owner’s interest insufficient to pay losses in full.owner’s liability as limited under subsection
(a)is insufficient to pay all losses in full, and the portion of such amount applicable to the payment of losses in respect of loss of life or bodily injury is less 1480than $60 per ton of such vessel’s tonnage, such portion shall be increased to an amount equal to $60 per ton, to be available only for the payment of losses in respect of loss of life or bodily injury. Proportionate Payment if amount insufficient for full settlement.If such portion so increased is insufficient to pay such losses in full, they shall be paid therefrom in proportion to their respective amounts. “(c) Tonnage construed. For the purposes of this section the tonnage of a seagoing steam or motor *Proviso.*Space excluded.vessel shall be her gross tonnage without deduction on account of engine room, and the tonnage of a seagoing 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. “(d) Injuries, etc., arising on distinct occasions. The owner of any such seagoing vessel shall be liable in respect of loss of life or bodily injury arising on distinct occasions to the same extent as if no other loss of life or bodily injury had arisen. “(e) Privity or knowledge of master, etc., imputed to owner. In respect of loss of life or bodily injury the privity or knowledge of the master of a seagoing vessel 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. “(f) “Seagoing vessel” construed. As used in subsections (b), (c), (d), and
(e)of this section and in section 4283A, the term ‘seagoing vessel’ shall not include pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels or their tenders, self-propelled lighters, nondescript self-propelled vessels, canal boats, scows, car floats, barges, lighters, or nondescript non-self-propelled vessels, even though the same may be seagoing vessels within the meaning of such term as used in section 4289 of this chapter, as amended.” " Sec. 2. Chapter 6 of title 48 of the Revised Statutes, as amended, is hereby amended by inserting after section 4283A the following new section: " “Sec. 4283B.Stipulations limiting liability for negligence invalid. Stipulations Limiting Liability for Negligence Invalid.— It shall be unlawful for the manager, agent, master, or owner of any vessel transporting passengers between ports of the United States or between any such port and a foreign port to insert in any rule, regulation, contract, or agreement any provision or limitation
(1)purporting, in the event of loss of life or bodily injury arising from the negligence or fault of such owner or his servants, to relieve such owner, master, or agent from liability, or from liability beyond any stipulated amount, for such loss or injury, or
(2)purporting in such event to lessen, weaken, or avoid the right of any claimant to a trial by court of competent jurisdiction on the question of liability for such loss or injury, or the measure of damages therefor. All such provisions or limitations contained in any such rule, regulation, contract, or agreement are hereby declared to be against public policy and shall be null and void and of no effect.” " Sec. 3. Section 4285 of the Revised Statutes (U. S. C., 1934 ed., title 46, sec. 185) is hereby amended to read as follows: " “Sec. 4285.Proceedings to limit liability. The vessel owner, within six months after a claimant shall have given to or filed with such owner written notice of claim, may petition a district court of the United States of competent jurisdiction for limitation of liability within the provisions of this Deposit of security.chapter, as amended, and the owner
(a)shall deposit with the court, for the benefit of claimants, a sum equal to the amount or value of the interest of such owner in the vessel and freight, or approved security therefor, and in addition such sums, or approved security therefor, as the court may from time to time fix as necessary to carry Optional transfer of interest to a trustee.out the provisions of section 4283, as amended, or
(b)at his option shall transfer, for the benefit of claimants, to a trustee to be 1481appointed by the court his interest in the vessel and freight, together with such sums, or approved security therefor, as the court may from time to time fix as necessary to carry out the provisions of section 4283, as amended. Upon compliance, with the requirements Termination of claims against owner.of this section all claims and proceedings against the owner with respect to the matter in question shall cease.” " Sec. 4. Section 4289 of the Revised Statutes, as amended (U. S.[R. S., sec. 4289, p. 827](/us/rs/4289/827).[U. S. C., p. 1998](/us/usc/1998).Application of provisions to all seagoing vessels, etc.Vol. 23, p. 57.[U. S. C., p. 1999](/us/usc/1999). C., 1934 ed., title 46, sec. 188), is hereby amended to read as follows: " “Sec. 4289. Except as otherwise specifically provided therein, the provisions of the nine preceding sections and of section 18 of the Act entitled ‘An Act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade and for other purposes’, approved June 26, 1884 (23 Stat. 57; U. S. C., 1934 ed.. title 46, sec. 189), shall apply to all seagoing vessels, and also to all vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters.” " Sec. 5. Section 2 of the Act entitled “An Act relative to limitation Section repealed.*Ante*, p. 960.[U. S. C., Supp. I, p. 273](/us/usc/273).of shipowners’ liability”, approved August 29, 1935 (U. S. C., 1934 ed., Supp. I,11So in original. sec. 183a), is hereby repealed. Approved, June 5, 1936. Granting authority to the Secretary of War to license the use of a certain parcel of land situated in Fort Brady Reservation to Ira D. MacLachlan Post Numbered 3, the American Legion, for fifteen years. 1936-06-05 522 Chapter 49 Stat. 1481 74 2 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 522.] AN ACT Granting authority to the Secretary of War to license the use of a certain parcel of land situated in Fort Brady Reservation to Ira D. MacLachlan Post Numbered 3, the American Legion, for fifteen years. June 5, 1936.[[H. R. 190](/us/bill/74/hr/190).][[Public, No. 663](/us/pl/74/663).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary Fort Brady Reservation, Mich.License to use land in, granted to Ira D. MacLachlan Post,American Legion.Description. of War be, and he is hereby, authorized and directed to grant to Ira D. MacLachlan Post Numbered 3, the American Legion, Sault Sainte Marie, Michigan, a license to use and occupy a certain piece or parcel of land, with the building thereon, described as follows:" “Beginning at a point in the easterly boundary of Fort Brady Reservation two hundred and forty-eight and nine-tenths feet north-ward from the southeast corner of the reservation; thence north sixty-five degrees fifty-nine minutes west forty-nine and eight-tenths feet to the easterly edge of a roadway; thence north no degrees no minutes one hundred and forty-four and eight-tenths feet along the easterly edge of the roadway; thence south sixty-five degrees fifty-nine minutes east one hundred and eight and eight-tenths feet to the easterly boundary of Fort Brady Reservation; thence south twenty-four degrees one minute west one hundred and thirty-two and three-tenths feet along the easterly boundary of Fort Brady Reservation to the point of beginning.”" for a period of fifteen years from the date of the issuance of such Term of license.license. Sec. 2. The issuance of such license shall be held to constitute a Cancelation of present license.cancelation of the license under which the Ira D. MacLachlan Post Numbered 3, the American Legion, is now entitled to the use and occupation of such piece or parcel of land. Sec. 3. The license issued as required by this Act shall be granted Conditions imposed.subject to the following conditions: 1. That the building shall be used for the sole purpose of a clubhouse Use of building.for the local American Legion Post of Sault Sainte Marie, Michigan. 2. That the building shall be kept in good repair, with proper Upkeep, etc.sewerage connections to the river; that any use that may be made of the building or adjacent grounds shall in no way interfere with 1482Changes subject to official approval.operations of the United States at the locality; and that no changes shall be made in the building or grounds without the prior consent of the district engineer of the Engineer Corps in charge of the locality. 3.Damage claims. No claim shall be made against the United States by the licensee for any damage to any property of the licensee on said premises. 4. The licensee will protect the United States against any claim for personal injury or damage to property resulting from the use of said premises by the licensee. 5.Restoration, etc., upon relinquishment. That the licensee shall, on or before the expiration or relinquishment of this license, vacate said premises, and remove all its property therefrom, and restore the budding thereon and the adjacent premises to a condition satisfactory to the district engineer, or other competent military authority. Sec. 6.Amendment. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, June 5, 1936. To amend Public Law Numbered 425, Seventy-second Congress, providing for the selection of certain lands in the State of California for the use of the California State Park System, approved March 3, 1933. 1936-06-05 523 Chapter 49 Stat. 1482 74 2 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 523.] AN ACT To amend Public Law Numbered 425, Seventy-second Congress, providing for the selection of certain lands in the State of California for the use of the California State Park System, approved March 3, 1933. June 5, 1936.[[H. R. 1997](/us/bill/74/hr/1997).][
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- 23 Stat. 57
- 49 Stat. 1481
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