Chapter XLI. *to provide for the Ventilation of Passenger Vessels, and for other Purposes.* May 17, 1848. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That all vessels, whether of the United States or any other country, having sufficient capaci
2,056 words·~9 min read·
/statutes-at-large/vol-9/chapter-xli-891218·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. XLI.— An Act *to provide for the Ventilation of Passenger Vessels, and for other Purposes.* May 17, 1848. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That all vessels, whether of the United States or any other country, having sufficient capacity according to law for fifty or more passengers, (other than cabin passengers,) shall, when employed in transporting such passengers between the United States and Europe, have on the upper deck, Certain vessels to have a house on the upper deck.for the use of such passengers, a house over the passage-way leading to the apartment allotted to such passengers below deck, firmly secured to the deck, or combings of the hatch, with two doors, the sills of which shall be at least one foot above the deck, so constructed that one door or window in such house may, at all times, be left open for ventilation; and all vessels so employed, and having the capacity to Certain other vessels to have two such houses.carry one hundred and fifty such passengers, or more, shall have two such houses; and the stairs or ladder leading down to the aforesaid apartment shall be furnished with a hand-rail of wood or strong rope:
Booby hatches may be substituted.*Provided, nevertheless,* Booby hatches may be substituted for such houses in vessels having three permanent decks. Sec. 2. *And be it further enacted,* That every such vessel so employed, and having the legal capacity for more than one hundred such Ventilators.passengers, shall have at least two ventilators to purify the apartment THIRTIETH CONGRESS. Sess. I. Ch. 41. 1848. 221or apartments occupied by such passengers; one of which shall be inserted in the after part of the apartment or apartments, and the other shall be placed in the forward portion of the apartment or apartments, and one of them shall have an exhausting cap to carry off the foul air, and the other a receiving cap to carry down the fresh air; which said ventilators shall have a capacity proportioned to the size of the apartment or apartments to be purified; namely, if the apartment or apartments will lawfully authorize the reception of two hundred such passengers, the capacity of such ventilators shall each of them be equal to a tube of twelve inches diameter in the clear, and in proportion for larger or smaller apartments; and all said ventilators shall rise at least four feet six inches above the upper deck of any such vessel, and be of the most approved form and construction: *Provided,* That if it shall appear, from the report to be made and approved, as provided in the seventh section of this act, that such vessel is equally well ventilated Substitutes therefor.by any other means, such other means of ventilation shall be deemed, and held to be, a compliance with the provisions of this section.
Sec. 3. *And be it further enacted,* That every vessel carrying more Camboose or cooking range on deck.than fifty such passengers shall have for their use on deck, housed and conveniently arranged, at least one camboose or cooking range, the dimensions of which shall be equal to four feet long and one foot six inches wide for every two hundred passengers; and provisions shall be made in the manner aforesaid in this ratio for a greater or less number of passengers: *Provided, however,* And nothing herein contained Proviso.shall take away the right to make such arrangements for cooking between decks, if that shall be deemed desirable.
Sec. 4. *And be it further enacted,* That all vessels employed as Victualling of passenger vessels.aforesaid shall have on board, for the use of such passengers, at the time of leaving the last port whence such vessel shall sail, well secured under deck, for each passenger, at least fifteen pounds of good navy bread, ten pounds of rice, ten pounds of oatmeal, ten pounds of wheat flour, ten pounds of peas and beans, thirty-five pounds of potatoes, one pint of vinegar, sixty gallons of fresh water, ten pounds of salted pork, free of bone, all to be of good quality, and a sufficient supply of fuel for cooking; but at places where either rice, oat meal, wheat flour, or peas and beans cannot be procured, of good quality and on reasonable terms, the quantity of either or any of the other last-named articles may be increased and substituted therefor; and in case potatoes cannot be procured on reasonable terms, one pound of either of said articles may be substituted in lieu of five pounds of potatoes, and the captains of such vessels shall deliver to each passenger at least one tenth part of the aforesaid provisions weekly, commencing on the day of sailing, and daily at least three quarts of water, and sufficient fuel for cooking; and if the passengers on board of any such vessel in which the provisions, fuel and water herein required shall not have been provided as aforesaid, shall at any time be put on short allowance during any voyage, the master or owner of any such vessel shall pay to each and every passenger who shall Penalty in case passengers are put on a short allowance.have been put on short allowance the sum of three dollars for each and every day they may have been on such short allowance, to be recovered in the Circuit or District Court of the United States: *Provided, nevertheless,* And nothing herein contained shall prevent any passenger, with Passengers may contract to supply themselves.the consent of the captain, from furnishing for himself the articles of food herein specified; and, if put on board in good order, it shall fully satisfy the provisions of this act so far as regards food: *And provided further,* That any passenger may also, with the consent of the captain, furnish for himself an equivalent for the articles of food required in other and different articles; and if, without waste or neglect on the part of the passenger, or inevitable accident, they prove insufficient, 222and the captain shall furnish comfortable food to such passengers during the residue of the voyage, this, in regard to food, shall also be a compliance with the terms of this act.
Provisions respecting maintaining the health and discipline of passenger vessels. Sec. 5. *And be it further enacted,* That the captain of any such vessel so employed is hereby authorized to maintain good discipline, and such habits of cleanliness among such passengers, as will tend to the preservation and promotion of health; and to that end, he shall cause such regulations as he may adopt for this purpose to be posted up, before sailing, on board such vessel, in a place accessible to such passengers, and shall keep the same so posted up during the voyage; and it is hereby made the duty of said captain to cause the apartment occupied by such passengers to be kept, at all times, in a clean, healthy state, and the owners of every such vessel so employed are required to construct the decks, and all parts of said apartment, so that it can be thoroughly cleansed; and they shall also provide a safe, convenient privy or water closet for the exclusive use of every one hundred such passengers.
And when the weather is such that said passengers cannot be mustered on deck with their bedding, it shall be the duty of the captain of every such vessel to cause the deck occu pied by such passengers to be cleaned [cleansed] with chloride, of lime, or some other equally efficient disinfecting agent, and also at such other times as said captain may deem necessary. Penalty for not providing houses on deck, ventilators, &c. Sec. 6. *And be, it further enacted,* That the master and owner or owners of any such vessel so employed, which shall not be provided with the house or houses over the passage-ways, as prescribed in the first section of this act; or with ventilators, as prescribed in the second section of this act; or with the cambooses or cooking ranges with the houses over them, as prescribed in the third section of this act; shall severally forfeit and pay to the United States the sum of two hundred dollars for each and every violation of, or neglect to conform to, the provisions of each of said sections; and fifty dollars for each and every neglect or violation of any of the provisions of the How recovered.fifth section of this act; to be recovered by suit in any Circuit or District Court of the United States, within the jurisdiction of which the said vessel may arrive, or from which it may be about to depart, or at any place within the jurisdiction of such courts, wherever the owner or owners, or captain of such vessel, may be found.
Examination as to compliance with the first, second, third, and fifth sections to be made, and a report, if favorable, made conclusive. Sec. 7. *And be it further enacted,* That the collector of the customs, at any port in the United States at which any vessel so employed shall arrive, or from which any such vessel shall be about to depart, shall appoint and direct one of the inspectors of the customs for such port to examine such vessel, and report in writing to such collector whether the provisions of the first, second, third and fifth sections of this act have been complied with in respect to such vessel; and if such report shall state such compliance, and be approved by such collector, it shall be deemed and held as conclusive evidence thereof.
Height between decks of passenger vessels. 1847, ch. 16. Sec. 8. *And be it further enacted,* That the first section of the act entitled “An Act to regulate the carriage of passengers in merchant vessels,” approved February twenty-second, eighteen hundred and forty seven, be so amended that, when the height or distance between the decks of the vessels referred to in the said section shall be less than Number of passengers.six feet, and not less than five feet, there shall be allowed to each passenger sixteen clear superficial feet on the deck, instead of fourteen, as prescribed in said section; and if the height or distance between the decks shall be less than five feet, there shall be allowed to each passenger twenty-two clear superficial feet on the deck; and if the master of any such vessel shall take on board his vessel, in any port of Penalty on taking on board a greater number.the United States, a greater number of passengers than is allowed by this section, with the intent specified in said first section of the act of THIRTIETH CONGRESS.
Sess. I. Ch. 42. 1848.223eighteen hundred and forty-seven, or if the master of any such vessel shall take on board at a foreign port, and bring within the jurisdiction of the United States, a greater number of passengers than is allowed by this section, said master shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in the manner provided for the punishment of persons convicted of a violation of the act afore said; and in computing the number of passengers on board such vessels, all children under the age of one year, at the time of embarkation, shall be excluded from such computation.
Sec. 9. *And be it further enacted,* That this act shall take effect, Time when this act is to take effect.in respect to such vessels sailing from ports in the United States, in thirty days from the time of its approval; and in respect to every such vessel sailing from ports in Europe, in sixty days after such approval; and it is hereby made the duty of the Secretary of State to give notice, in the ports of Europe, of this act, in such manner as he may deem proper. Sec. 10. *And be it further enacted,* That so much of the first section Limitation of passengers to two for every five tons abolished. 1819, ch. 46.of the act entitled “An Act regulating passenger ships and vessels,” approved March second, eighteen hundred and nineteen, or any other act that limits the number of passengers to two for every five tons, is hereby repealed.
Approved, May 17, 1848.