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and every such passenger in excess of the proper number, and he may also be imprisoned not exceeding six months.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 151 (Aug. 2, 1882, c. 374, § 1, 22 Stat. 186; Dec. 19, 1908, c. 6, § 1, 35 Stat. 583).

The section has been divided into subsections instead of numbered parts, and the penalty clause has been placed at the end instead of the beginning. These changes are consistent with the general arrangement of this act.

The clause "The master of a vessel coming to a port or place in the United States in violation of any of the provisions of this section shall be guilty of a misdemeanor;" has been deleted as inconsistent with section 1 of title 18, United States Code, enacted into positive law by the act of June 25, 1948, c. 645, 62 Stat. 683, which defines a misdemeanor as any offense other than one punishable by death or imprisonment for a term exceeding 1 year, notwithstanding any act of Congress to the contrary.

Changes have been made in the phraseology of subsection (i) as required by the division of the section into subsections.

SEC. 702. SAME: BERTHS FOR PASSENGERS.-(a) In every such [steamship or other] vessel there shall be a sufficient number of berths for the proper accommodation, as hereinafter provided, of all such passengers.

(b) There shall not be on any deck nor in any compartment or space occupied by such passengers more than two tiers of berths. The berths shall be properly constructed, and be separated from each other by partitions, as berths ordinarily are separated, and each berth shall be at least two feet in width and six feet in length; and the interval between the floor or lowest part of the lower tier of berths and the deck beneath them shall not be less than six inches, nor the interval between each tier of berths, and the interval between the uppermost tier and the deck above it, less than two feet six inches; and each berth shall be occupied by not more than one passenger over eight years of age; but double berths of twice the above-mentioned width may be provided, each double berth to be occupied by no more and by none other than two women, or by one woman and two children under the age of eight years, or by husband and wife, or by a man and two of his own children under the age of eight years, or by two men personally acquainted with each other.

(c) All the male passengers upwards of fourteen years of age who do not occupy berths with their wives shall be berthed in the fore part of the vessel, in a compartment divided off from the space or spaces appropriated to the other passengers by a substantial and well-secured bulkhead.

(d) Unmarried female passengers shall be berthed in a compartment separated from the spaces occupied by other passengers by a substantial and well-constructed bulkhead, the opening or communication from which to an adjoining passenger space shall be so constructed that it can be closed and secured.

(e) Families shall not be separated except with their consent.

(f) Each berth shall be numbered serially, on the outside berth board, according to the number of passengers that may lawfully occupy the berth; and the berths occupied by such passengers shall not be removed or taken down until the expiration of twelve hours from the time of entry, unless previously inspected within a shorter period.

(g) For any violation of [either] any of the provisions of this section the master of the vessel shall be liable to a fine of $5 for each passenger carried or brought on the vessel.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 152 (Aug. 2, 1882, c. 374, § 2, 22 Stat. 186).

The section has been divided into subsections to conform to the general arrangement of this act.

The words "steamship or other" in subsection (a) have been deleted as surplusage.

The word "any" has been substituted for "either" in subsection (g) as more appropriate in the context.

SEC. 703. SAME: LIGHT, AIR, AND ACCOMMODATIONS FOR PASSENGERS. (a) Every such [steamship or other] vessel shall have adequate provision for affording light and air to the passenger decks and to the compartments and spaces occupied by such passengers, and with adequate means and appliances for ventilating the said compartments and spaces.

(b) To compartments having sufficient space for fifty or more of such passengers at least two ventilators, each not less than twelve inches in diameter, shall be provided, one of which ventilators shall be inserted in the forward part of the compartment, and the other in the after part thereof, and shall be so constructed as to ventilate the compartment; and additional ventilators shall be provided for each compartment in the proportion of two ventilators for each additional fifty of such passengers carried or brought in the compartment. All ventilators shall be carried at least six feet above the uppermost deck of the vessel, and shall be of the most approved form and construction. In any [steamship] vessel the ventilating apparatus provided, or any method of ventilation adopted thereon, which has been approved by the proper [emigration] officers at the port or place from which said vessel was cleared, shall be deemed a compliance with the foregoing provisions.

(c) In all vessels carrying or bringing such passengers there shall be properly constructed hatchways over the compartments or spaces occupied by such passengers, which hatchway shall be properly covered with houses or booby hatches, and the combings or sills of which shall rise at least six inches above the deck; and there shall be proper companionways or ladders from each hatchway leading to the compartments or spaces occupied by such passengers; and the said companionways or ladders shall be securely constructed, and be provided with handrails or strong rope, and when the weather will permit, such passengers shall have the use of each hatchway situated over the compartment or spaces appropriated to their use.

(d) Every vessel carrying or bringing such passengers shall have a properly located and constructed [caboose] cook room and cooking range, or other cooking apparatus, the dimensions and capacity of which shall be sufficient to provide for properly cooking and preparing the food of all such passengers.

(e) In every vessel carrying or bringing such passengers there shall be at least two water-closets or privies, and an additional water-closet or privy for every one hundred male passengers on board, for the

exclusive use of such male passengers, and an additional water-closet or privy for every fifty female passengers on board, for the exclusive use of the female passengers and young children on board. The aforesaid water-closets and privies shall be properly inclosed and located on each side of the vessel, and shall be separated from passengers' spaces by substantial and properly constructed partitions or bulkheads; and the water-closets and privies shall be kept and maintained in a serviceable and cleanly condition throughout the voyage.

(f) For any violation of [either] any of the provisions of this section, or for any neglect to conform to the requirements thereof, the master of the vessel shall be liable to a penalty not exceeding $250

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 153 (Aug. 2, 1882, c. 374, § 3, 22 Stat. 187).

The section has been divided into subsections to conform to the general arrangement of this act.

The words "steamship or other" in subsection (a) have been deleted as surplusage.

The word "vessel" has been substituted for "steamship" in subsection (b) as consistent with subsection (a), and the word "emigration" has been deleted as ambiguous since the appropriate officials at foreign ports may be styled as other than "emigration" officers.

The term "cook room" has been substituted for "caboose" in subsection (d) on the authority of DeKerchove, International Maritime Dictionary (1948), which states that the former word is obsolete and has been replaced in usage by the

latter.

The word "any" has been substituted for "either" in subsection (f) as more appropriate in the context.

SEC. 704. SAME: FOOD.-(a) An allowance of good, wholesome, and proper food, with a reasonable quantity of fresh provisions, which food shall be equal in value to one and a half Navy rations of the United States, and of fresh water, not less than four quarts per day, shall be furnished each of such passengers.

(b) Three meals shall be served daily, at regular and stated hours, of which hours sufficient notice shall be given.

(c) If any such passengers shall at any time during the voyage be put on short allowance for food and water, the master of the vessel shall pay to each passenger $3 for each and every day the passenger may have been put on short allowance, except in case of accidents, where the captain is obliged to put the passengers on short allowance. (d) Mothers with infants and young children shall be furnished the necessary quantity of wholesome milk or condensed milk for the sustenance of the latter.

(e) Tables and seats shall be provided for the use of passengers at regular meals.

(f) For every willful violation of any of the provisions of this section the master shall be [deemed guilty of a misdemeanor and shall be fined not more than $500 and be imprisoned for a term not exceeding six months. The enforcement of this penalty, however, shall not affect the civil responsibility of the master and owners of the vessel to such passengers as may have suffered from any negligence, breach of contract, or default on the part of such master and owners.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 154 (Aug. 2, 1882, c. 374, § 4, 22 Stat. 188).

The section has been divided into subsections to conform to the general arrangement of this act.

The words "deemed guilty of a misdemeanor and shall be" have been deleted as surplusage in accordance with section 1 of title 18, United States Code. See note to section 701 of this act.

SEC. 705. SAME: HOSPITALS, SURGEON, AND MEDICINE.-(a) In every such [steamship or other] vessel there shall be properly built and secured, or divided off from other spaces, two compartments or spaces to be used exclusively as hospitals for such passengers, one for men and the other for women. The hospitals shall be located in a space not below the deck next below the main deck of the vessel. The hospital spaces shall in no case be less than in the proportion of eighteen clear superficial feet for every fifty such passengers who are carried or brought on the vessel, and such hospitals shall be supplied with proper beds, bedding, and utensils, and be kept so supplied throughout the voyage.

(b) [And every] Every [steamship or other] such vessel carrying or bringing [emigrant passengers, or passengers other than cabinj steerage passengers[] exceeding fifty in number[,] shall carry a duly qualified and competent surgeon or medical practitioner, who shall be rated as such in the ship's articles, and who shall be provided with surgical instruments, medical comforts, and medicines proper and necessary for diseases and accidents incident to sea voyages, and for the proper medical treatment of such passengers during the voyage, and with such articles of food and nourishment as may be proper and necessary for preserving the health of infants and young children; and the services of such surgeon or medical practitioner shall be promptly given, in any case of sickness or disease, to any of the passengers, or to any infant or young child of any such passengers, who may need his services.

(c) For a violation of [either] any of the provisions of this section the master of the vessel shall be liable to a penalty not exceeding $250.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 155 (Aug. 2, 1882, c. 374, §5, 22 Stat. 188).

The section has been divided into subsections to conform to the general arrangement of this Act.

The words "steamship or other" in subsection (2) have been deleted as surplusage.

The word "steerage" has been substituted for the words "emigrant passengers, or passengers other than cabin" in subsection (b) consistent with the act Dec. 19, 1908, c. 6, § 1, 35 Stat. 583, which amended the act Aug. 2, 1882, c. 374, § 1, 22 Stat. 186, of which latter act this section is section 5, to include the definition of "steerage passengers" found in subsection (c) of section 701 of this act. Before the amendment referred to, the act Aug. 2, 1882, referred to "emigrant passengers, or passengers other than cabin passengers" throughout all of its sections.

The word "any" has been substituted for "either" in subsection (c) as more appropriate in the context.

Minor changes in phraseology have been made as required in the context of this

act.

SEC. 706. SAME: DISCIPLINE AND CLEANLINESS; EXERCISE SPACE FOR PASSENGERS. The master of every such [steamship or other] vessel is 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 such purpose to be posted up on board the vessel, in a place or places accessible to such passengers, and shall keep the same so posted up during the voyage. The said master shall cause the compartments and spaces provided for, or occupied by, such passengers to be kept at all times in a clean and healthy condition, and to be, as often as may be necessary, disinfected with chloride of lime, or by some other equally efficient disinfectant. Whenever the state of the weather will permit, such passengers and their bedding shall be mustered on deck, and a clear and sufficient space on the main or any upper deck of the vessel shall be set apart, and so kept, for the use and exercise of such passengers during the voyage. For each neglect or violation of any of the provisions of this section the master of the vessel shall be liable to a penalty not exceeding $250.

NOTE

This section is based on title 46, U.S.C. 1964 ed., § 156 (Aug. 2, 1882, c. 374, § 6, 22 Stat. 188).

The words "steamship or other" in the first line have been deleted as surplusage.

SEC. 707. SAME: TRANSPORTATION OF ANIMALS.-Horses, cattle, or other animals taken on board of or brought in any such vessel shall not be carried on any deck on which passengers are berthed, nor in any compartment in which passengers are berthed, nor in any adjoining compartment except in a vessel built of iron, steel, or other metal and of which the compartments are divided off by watertight bulkheads extending to the upper deck. For any violation of any of the provisions of this section the master of the vessel [shall be deemed guilty of a misdemeanor, and] shall be fined not exceeding $1,000, and be imprisoned for a period not exceeding one year.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 156a (Aug. 2, 1882, c. 374, § 8, 22 Stat. 189, June 25, 1948, c. 645, § 17, 62 Stat. 862.)

The words "steel, or other metal" have been inserted after “iron” to reflect the present state of the shipbuilding industry.

The phrase "shall be deemed guilty of a misdemeanor, and” has been deleted as surplusage in accordance with section 1 of title 18, United States Code.

to section 701 of this act.

See note

SEC. 708. SAME: VISITING PARTS OF VESSELS OCCUPIED BY PASSENGERS. Neither the officers, seamen, nor other persons employed on any such [steamship or other] vessel shall visit or frequent any part of the vessel provided or assigned to the use of such passengers, except by the direction or permission of the master of such vessel first made or given for such purpose; and every officer, seaman, or other person employed on board of such vessel who shall violate the provisions of this section [shall be deemed guilty of a misdemeanor, and] may be fined not exceeding $100, and be imprisoned not exceeding twenty days, for each violation; and the master of such vessel who directs or

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