Chapter XVI. to regulate the Carriage of Passengers in Merchant Vessels
742 words·~3 min read·
/statutes-at-large/vol-9/chapter-xvi-528252·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. XVI.— An Act to regulate the Carriage of Passengers in Merchant Vessels.Feb. 22, 1847.1849, ch. 111.1847, ch. 34. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatNumber of passengers which may be taken on board of vessels limited. if the master of any vessel owned in whole or in part by a citizen of the United States of America, or by a citizen of any foreign country, shall take on board such vessel, at any foreign port or place, a greater number of passengers than in the following proportion to the space occupied by them and appropriated1848, ch. 41, $10. for their use, and unoccupied by stores, or other goods, not being the personal luggage of such passengers, that is to say, on the lower deck or platform one passenger for every fourteen clear superficial feet of deck, if such vessel is not to pass within the tropics during such voyage; but if such vessel is to pass within the tropics during such voyage, then one passenger for every twenty such clear superficial feet of deck, and on the orlop deck (if any) one passenger for every thirty such superficial feet in ail cases, with intent to bring such passengers to the United States of America, and shall leave such port or place with the same, and bring the same or any number thereof, within the jurisdiction of the United States aforesaid, or if any such master of vessel shall take on board of his vessel, at any port or place within the jurisdiction of the United States aforesaid, any greater number of passengers than the proportions aforesaid admit, with intent to carry the same to any foreign port or place, every such master shall be deemedPenalty. guilty of a misdemeanor, and, upon conviction thereof before any circuit or district court of the United States aforesaid, shall,128TWENTY-NINTH CONGRESS.
Sess. 128. for each passenger taken on board beyond the above proportions, be fined in the sum of fifty dollars, and may also be imprisoned for any term not exceeding one year:Proviso. *Provided,* That this act shall not be construed to permit any ship or vessel to carry more than two passengers to five tons of such ship or vessel. Sec. 2. *And be it further enacted,* ThatVessels having on board twenty passengers more than the number limited, to be forfeited. if the passengers so taken on board of such vessel, and brought into or transported from the United States aforesaid, shall exceed the number limited by the last section to the number of twenty in the whole, such vessel shall be forfeited to the United States aforesaid, and be prosecuted and distributed as forfeitures are under the act to regulate duties on imports and tonnage.
Sec. 3. *And be it further enacted,* ThatTiers of berths and space alloted for passengers. if any such vessel as aforesaid shall have more than two tiers of berths, or in case, in such vessel, the interval between the floor and the deck or platform beneath shall not be at least six inches, and the berths well constructed, or in case the dimensions of such berths shall not be at least six feet in length, and at least eighteen inches in width, for each passenger as aforesaid, then the master of said vessel, and the owners thereof, severally; shall forfeit and pay the sum of five dollars for each and every passengerPenalty. on board of said vessel on such voyage, to be recovered by the United States as aforesaid, in any Circuit or District Court of the United States where such vessel may arrive, or from which she sails.
Sec. 4. *And be it further enacted,* That,Children how reckoned. for the purposes of this act, it shall in all cases be computed that two children, each being under the age of eight years, shall be equal to one passenger, and thatPost, p. 149. children under the age of one year shall not be included in the computation of the number of passengers. Sec. 5. *And be it further enacted,* ThatPenalties to be liens on the vessels, &c. the amount of the several penalties imposed by this act shall be liens on the vessel or vessels violating its provisions; and such vessel may be libelled and sold therefor in the district court of the United States aforesaid in which such vessel shall arrive.
Approved, February 22, 1847.