S. 4273, provided for the payment to informers of one-half of the penalties collected. R. S. 4274, made the preceding sections, except those, relating to passenger lists, applicable to vessels owned in whole or in part by citizens of the United States, and registered, enrolled, or licensed within the United States, carrying passengers from foreign ports to foreign ports. R. S. § 4275, prohibited officers, seamen, etc., from visiting the passengers' quarters, except in certain cases. R. S. § 4276, related to the same subject as section 4275. R. S. § 4277, required posting of notices of the contents of sections 4275, 4276.

All these sections were repealed by section 14 of the Passenger Act of Aug. 2, 1882, c. 374, post, § 8015, the preceding sections of which act, post, §§ 7997, 7999-8006, 8011-8014, contain provisions substituted for those of said repealed sections of the Revised Statutes.

The provisions of this chapter were made applicable to vessels making Voyages between the Philippine Islands and the United States, by Act July 1, 1902, c. 1369, § 84, ante, § 3905.

§ 7997. (Act Aug. 2, 1882, c. 374, § 1, as amended, Act Dec. 19, 1908, c. 6.) Accommodations for steerage passengers in vessels from foreign ports; limitation of number of steerage passengers; measurement of space of passenger decks; violations of section punishable; penalties.

It shall not be lawful for the master of any vessel whereon steerage passengers have been taken at any port or place in the foreign country or dominion (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and passengers to or take from any port or place in the United States. unless the compartments, spaces, and accommodations hereinafter mentioned have been provided, allotted, maintained, and used for and by such passengers during the entire voyage, unobstructed by cargo, stores, or goods. 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 deemed guilty of a misdemeanor; and if the number of steerage passengers carried or brought in the vessel, or in any compartment, space, poop, or deck house thereof, is greater than the number allowed to be carried or brought therein, respectively, as hereinafter prescribed, the said master shall be fined fifty dollars for each and every such passenger in excess of the proper number, and may also be imprisoned not exceeding six

months.

In computing the number of passengers carried or brought in any vessel, children under one year of age shall not be included, and two children between one and eight years of age shall be counted as one passenger; and any person brought in such vessel who shall have been, during the voyage, taken from any other vessel wrecked or in distress on the high seas, or have been picked up at sea from any boat, raft, or otherwise, shall not be included in such computation.

Second. The expression "steerage passenger" means all passengers except cabin passengers, and persons shall not be deemed cabin passengers unless the space allotted to their exclusive use is in the proportion of at least thirty-six clear superficial feet to each pas

senger.

Third. The expression "lowest passenger deck" means the deck next below the water line; and the expression "passenger deck” in

cludes every deck or portion of a deck which is above the lowest passenger deck, and is appropriated for passengers.

Fourth. A vessel shall not carry passengers, whether cabin or steerage passengers, on more than one deck below the water line.

Fifth. The height between that part of any deck on which steerage passengers are carried and the deck immediately above it shall not be less than six feet.

Sixth. No steerage passengers shall be carried on the lowest passenger deck unless it is efficiently lighted by side scuttles and otherwise to the satisfaction of the inspector.

Seventh. No greater number of steerage passengers shall be carried on the lowest passenger deck than in the proportion of one steerage passenger to every twenty-one clear superficial feet allotted to their use. If, however, the height between the lowest passenger deck and the deck immediately above it is less than seven feet, and the apertures, exclusive of side scuttles, through which light and air are admitted are less in size than in the proportion of three square feet to every one hundred superficial feet of that deck, no greater number of steerage passengers shall be carried on that deck than in the proportion of one steerage passenger to every thirty clear superficial feet thereof, subject to the allowance for measurement of public rooms, lavatories, and bath rooms, if any, provided for by paragraph ten.

Eighth. No greater number of steerage passengers may be carried on a passenger deck than in the proportion of one steerage passenger to every eighteen clear superficial feet of deck allotted to their use, subject to the allowance for measurement of public rooms, lavatories, and bath rooms, if any, provided for by paragraph ten. If, however, the height between any passenger deck and the deck immediately above it be less than seven feet, no greater number of steerage passengers may be carried on that deck than in the proportion of one steerage passenger to every twenty-one clear superficial feet thereof, subject to the allowance for measurement of public rooms, lavatories, and bath rooms, if any, provided for by paragraph ten.

Ninth. A vessel, whatever be the superficial space of the passenger decks and of the lowest passenger deck, shall not carry a greater number of steerage passengers on the whole than in the proportion of one steerage passenger to every five superficial feet of air or promenade space provided on a deck so open as not to be included in the tonnage and approved by the inspector, and this space shall not be counted or included in the area available for any other passengers, or in other areas for steerage passengers prescribed by this section.

Tenth. In the measurement of the passenger decks and of the lowest passenger deck, the space occupied by that part of the personal baggage of the steerage passengers which the inspector permits to be carried there shall be included, and also, on whatever deck located, commodious and suitable dining rooms, lounging rooms, smoking rooms, lavatories, toilet rooms, and bath rooms: Provided, That(a) The space in any place appropriated to the use of steerage passengers in which they sleep shall not be less than eighteen superficial

feet in the case of the lowest passenger deck and fifteen superficial feet in the case of a passenger deck.

(b) Each space so included in the measurement must be clearly marked to the satisfaction of the inspector as being exclusively appropriated for the use of the steerage passengers.

Eleventh. Each separate compartment in which steerage passengers are berthed shall be conspicuously marked, showing the total area of such compartments. (22 Stat. 186. 35 Stat. 583.)

This was the first section of the Passenger Act of 1882, first cited above. The provisions of this section and of sections 2-13 of the act, post, §§ 79998006, 8011-8014, were substitutes for those of R. S. §§ 4252-4277, which were repealed by section 14 of the act, post, § 8015.

This section, as originally enacted, was as follows:

"That it shall not be lawful for the master of a steamship or other vessel whereon emigrant passengers, or passengers other than cabin passengers, have been taken at any port or place in a foreign country or dominion (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and passengers to any port or place in the United States unless the compartments, spaces, and accommodations hereinafter mentioned have been provided, allotted, maintained, and used for and by such passengers during the entire voyage; that is to say,

"In a steamship, the compartments or spaces, unobstructed by cargo, stores, or goods, shall be of sufficient dimensions to allow for each and every passenger carried or brought therein one hundred cubic feet, if the compartment or space is located on the main deck or on the first deck next below the main deck of the vessel, and one hundred and twenty cubic feet for each passenger carried or brought therein if the compartment or space is located on the second deck below the main deck of the vessel; and it shall not be lawful to carry or bring passengers on any deck other than the decks above mentioned. "And in sailing-vessels such passengers shall be carried or brought only on the deck (not being an orlop deck) that is next below the main deck of the vessel, or in a poop or deck-house constructed on the main deck; and the compartment or space, unobstructed by cargo, stores, or goods, shall be of sufficient dimensions to allow one hundred and ten cubic feet for each and every passenger brought therein. And such passengers shall not be carried or brought in any between-decks, nor in any compartment, space, poop, or deck-house, the height of which from deck to deck is less than six feet.

"In computing the number of such passengers carried or brought in any vessel, children under one year of age shall not be included, and two children between one and eight years of age shall be counted as one passenger; and any person brought in such vessel who shall have been, during the voyage, taken from any other vessel wrecked or in distress on the high seas, or have been picked up at sea from any boat, raft, or otherwise, shall not be included in such computation.

"The master of a vessel coming to a port or place in the United States in violation of either of the provisions of this section shall be deemed guilty of a misdemeanor; and if the number of passengers other than cabin passengers carried or brought in the vessel, or in any compartment, space, poop, or deckhouse thereof, is greater than the number allowed to be carried or brought, therein, respectively as herein before prescribed, the said master shall be fined fifty dollars for each and every passenger in excess of the proper number, and may also be imprisoned not exceeding six months."

It was amended by Act Dec. 19, 1908, c. 6, last cited above, to read as set forth here.

Provisions different in some respects from those of this section as to the accommodations for immigrant passengers, were made by the Immigration Act of Feb. 20, 1907, c. 1134, § 42, 34 Stat. 910, to take effect Jan. 1, 1909; but, before that date, said section 42, and so much of sections 43 and 44 of the same act as provided for the repeal of this section of the Passenger Act

of Aug. 2, 1882, c. 374, were repealed by said amendatory Act Dec. 19, 1908, c. 6, § 2, post, § 7998.

Provisions relating to immigration, including requirements that lists of passengers, certificates of medical examination, etc., be furnished by masters or other officers of vessels were enacted by other sections of said Immigration Act of Feb. 20, 1907, c. 1134, ante, under Title XXIX, "Immigration."

§ 7998. (Act Dec. 19, 1908, c. 6, § 2.) Repeal of Act Feb. 20, 1907, c. 1134, § 42, and, in part, of §§ 43 and 44, of said act. Section forty-two and so much of sections forty-three and fortyfour of the Act approved February twentieth, nineteen hundred and seven, entitled "An Act to regulate the immigration of aliens into the United States," as provides for the repeal of section one of the passenger Act of eighteen hundred and eighty-two are hereby repealed. (35 Stat. 584.)

Section 42 of the Immigration Act of Feb. 20, 1907, c. 1134, 34 Stat. 910, repealed by this section, contained provisions, to take effect January 1, 1909, superseding those of the Passenger Act of Aug. 2, 1882, c. 374, § 1, which section was amended by section 1 of this act, to read as set forth ante, § 7997. Section 43 of said Immigration Act of Feb. 20, 1907, c. 1134, repealed by this section in so far as it provided for the repeal of said section 1 of the Passenger Act of 1882, is set forth ante, § 4289. Section 44 of said Immigration Act of 1907, likewise repealed in part by this section, related only to the times when the provisions of that act should take effect.

Section 3 of this act provided that the act should take effect on January 1, 1909.

§ 7999. (Act Aug. 2, 1882, c. 374, § 2.) (1) Berths for passengers. 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.

(2) Number and construction; occupancy.

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.

(3) Males; where berthed.

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;

(4) Unmarried females; where berthed.

And 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.

(5) Families.

Families, however, shall not be separated except with their consent. (6) Berths to be numbered.

Each berth shall be numbered serially, on the outside berthboard, 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. (7) Penalties.

For any violation of either of the provisions of this section the master of the vessel shall be liable to a fine of five dollars for each passenger carried or brought on the vessel. (22 Stat. 186.)

§ 8000. (Act Aug. 2, 1882, c. 374, § 3.) (1) Light and air to passenger decks and compartments.

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.

(2) Ventilators.

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 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; (3) Hatchways and companion-ways.

And 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 companion-ways or ladders from each hatchway leading to the compartments or spaces occupied by such passengers; and the