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paid over to the chief officer of the customs in such manner and under such regulations as shall be prescribed by the Secretary of the Treasury.

Act Feb. 28, 1871, c. 190, § 60, 16 Stat. 457. Act April 5, 1882, c. 67, 22 Stat. 40.

In this section, as enacted in the Revised Statutes, the provision relating to the fees to be paid by masters and other officers of steamers, for certificates granted by inspectors, was as follows:

"Each master, chief engineer, and first-class pilot, licensed as herein provided, shall pay for every certificate, granted by any inspector or inspectors, the sum of ten dollars; and every chief mate, engineer, and pilot of an inferior grade, shall pay, for every certificate so granted, the sum of five dollars."

The provision was stricken out, and the provision of the section as set forth here, making the fee for every such certificate the sum of fifty cents, was inserted by amendment by Act April 5, 1882, c. 67, last cited above.

The provisions of this section preceding that so amended, which prescribed the fees for inspection and examination of steamers, were superseded by subsequent provisions requiring such fees before issuing any inspection certificate, and reducing the amount thereof, made by the Shipping Act of June 26, 1884, c. 121, § 28, post, § 8221.

All the fees allowed by this section and the subsequent provisions mentioned above were abolished by the Shipping Act of June 19, 1886, c. 421, § 1, amended by Act April 4, 1888, c. 61, § 2, ante, § 8138. Said act provided, however, that collectors or other officers of customs, inspectors of steam-vessels, and shipping commissioners, who were paid wholly or partly by fees, should make a detailed report of such services, and the fees provided by law, to the Secretary of the Treasury, and that the Secretary should allow and pay, from any money in the Treasury not otherwise appropriated, said officers such compensation for said services as each would have received prior to the passage of the act, and also such compensation to clerks of shipping commissioners and clerks of steamboat inspectors, and such allowances for fees of United States marshals and witnesses for services under the steamboat inspection laws, and for expenses of steamboat inspectors provided for by R. S. § 4461, as would have been paid them had not the act been passed, provided that such services were, in the opinion of the Secretary, necessarily rendered.

See, also, notes to Act June 25, 1910, c. 384, § 8, post, § 8223.

The compensation of each of the collectors of customs was prescribed by the Plan of Reorganization of the Customs Service, pursuant to provisions of Act Aug. 24, c. 355, § 1, ante, § 5327, article IV of which provided that the compensation of each collector therein set forth "shall constitute all the compensation and emoluments to be received by him" and "shall be in lieu of all fees, commissions, salaries, or other emoluments of any name or nature," "heretofore received by or allowed to him."

§ 8221. (Act June 26, 1884, c. 121, § 28.) Fees for inspection and examinations.

Before issuing any inspection certificate to any steamer the collector or other chief officer of customs for the port or district shall demand and receive from the owners thereof, as a compensation for the inspection and examinations made for the year, the following sums, in addition to the fees for issuing enrollments and licenses now allowed by law, according to the tonnage of the vessel: For each steam-vessel of one hundred tons or under, ten dollars; and for each and every ton in excess of one hundred tons, five cents, in lieu of the fees now provided by law. (23 Stat. 59.)

This section was part of the Shipping Act of 1884, cited above.

Other sections of this act are referred to in note to R. S. § 4219, ante, § 7812.

The fees previously provided by law, referred to in this section, were those

prescribed by R. S. § 4458, ante, § 8220, the provisions of which relating to said fees were superseded by those of this section. See notes to said section, ante, § 8220.

(R. S. § 4459. Repealed.)

This section required a bond of every supervising and local inspector of steamboats. It was repealed by Act March 3, 1905, c. 1456, § 4, 33 Stat. 1028. § 8222. (R. S. § 4460.) Instruments, stationery, printing, etc., for local boards.

The Secretary of the Treasury shall procure for the several supervising inspectors and local boards of inspectors such instruments, stationery, printing, and other things necessary for the use of their respective offices as may be required therefor.

Act Feb. 28, 1871, c. 100, § 65, 16 Stat. 458.

(R. S. § 4461. Superseded.)

This section was as follows:

"The salaries of the supervising inspector-general, of all supervising inspectors, local inspectors, assistant inspectors, and clerks, provided for by this Title, together with their traveling and other expenses when on official duty, and all instruments, books, blanks, stationery, furniture, and other things necessary to carry into effect the provisions of this Title, shall be paid for, under the direction of the Secretary of the Treasury, out of the revenues received into the Treasury from the inspection of steam-vessels, and the licensing of the officers of such vessels, which revenues, or so much of them as may be necessary for these purposes, shall be permanently appropriated therefor."

A similar provision for a permanent appropriation for the salaries and expenses of steamboat inspectors, etc., was made by a paragraph of R. S. § 3689, ante, § 6799. Said permanent appropriation was repealed and this section was superseded by Act June 25, 1910, c. 384, § 8, post, § 8223, which repealed all laws and parts of laws making a permanent indefinite appropriation for such purposes, and provided that the Secretary of Commerce should annually submit to Congress, in the regular Book of Estimates, detailed estimates for salaries and contingent expenses of the Steamboat Inspection Service.

See, also, notes to R. S. § 4458, ante, § 8820.

§ 8223. (Act June 25, 1910, c. 384, § 8.) Repeal of permanent indefinite appropriation for salaries and contingent expenses of Steamboat Inspection Service; detailed estimates by Secretary of Commerce for such salaries and expenses.

All laws and parts of laws, to the extent that they make a permanent indefinite appropriation to pay salaries of the Supervising Inspector-General, supervising inspectors, local inspectors, and assistant inspectors of steam vessels, and clerks of the steamboat inspectors, and for contingent expenses of the Steamboat Inspection Service, are repealed, to take effect from and after June thirtieth, nineteen hundred and eleven; and the Secretary of Commerce [and Labor] shall, for the fiscal year nineteen hundred and twelve, and annually thereafter, submit to Congress, in the regular Book of Estimates, detailed estimates for salaries and contingent expenses of the Steamboat Inspection Service. (36 Stat. 773.)

This section was part of the sundry civil appropriation act for the fiscal year 1911, cited above.

A permanent indefinite appropriation for "salaries and expenses of steamboat inspectors," etc., was made by a paragraph of R. S. § 3689, ante, § 6799,

and by R. S. § 4461. Both said provisions were repealed and superseded by those of this section.

The words "and Labor," inclosed in brackets in this section, were superseded by the change of the title Secretary of Commerce and Labor to Secretary of Commerce, on the creation of the Department of Labor, by Act March 4, 1913, c. 141, § 1, ante, § 932.

§ 8224. (R. S. § 4462.) Regulations to be made by Secretary of the Treasury.

The Secretary of the Treasury shall make such regulations as may be necessary to secure the proper execution of this Title.

Act Feb. 28, 1871, c. 100, § 65, 16 Stat. 458.
See note to R. S. § 4403, ante, § 8156.

Sec.

CHAPTER TWO

Transportation of Passengers and Merchandise

8225. Officers and crews of vessel sub-
ject to provisions of this Title,
or to inspection laws; entry of
complement in certificate of in-
spection and change by indorse-
ment thereon; deficiency; pen-
alties.
8226. Entry of minimum number of
deck officers required in certifi-
cate of inspection; master;
number of mates; increase of
licensed officers; vessels ex-
cepted.

8227. Limitation of watch duty of deck
officers; penalty.

8228. Number of passengers allowable. 8229. Penalty for carrying too great a number of passengers.

8230. Special permit for excursions.
8231. Regulations to promote safety of

life on navigable waters during
regattas or marine parades;
authority of Secretary of Com-

merce.

8232. Enforcement of regulations; use
of public or private vessels.
8233. Transfer of authority under pre-
ceding sections to head of other
Department.
8234. Violations of regulations; penal-
ties; remission thereof.

8235. Tow boats, oyster steamers, and
fishing steamers on Great
Lakes, etc., may carry persons
not passengers in addition to

crew.

8236. Life-preservers.

8237. Count or list of passengers.
8238. Penalty for failure to keep count
or list of passengers.

8239. Recovery of penalties.

[blocks in formation]

Sec.

8259. Penalty for failure to provide life-boats, etc.

$260. Water-tight bulk-heads in lakesteamers carrying passengers. 8261. Water-tight bulk-heads not re

quired on certain steamers. 8262. Radio-communication apparatus required on ocean-going steamers carrying passengers; auxiliary power supply, etc.; operators on duty; control of master; penalty; steamers excepted. 8263. Apparatus to be efficient for exchange of messages with stations using other systems. 8264. Penalty for violation of act; lien therefor on vessel; separate offenses.

8265. Regulations to secure execution of act.

Sec.

8266. Time of taking effect of amenda-
tory act; substitute for second
operator on cargo steamers.
8267. Use of instruments for security
of life.

8268. Barges carrying passengers.
8269. Liability of master and owners
for damage to passengers.
8270. Two copies of this Title to be
kept on each passenger-steam-

er.

8271. Name of steamer to be exhibited..
8272. Duties of customs officers.
8273. Penalty for omission of duty of
customs officer.

8274. Registry, enrollment, etc., denied
to vessels not complying with
the law.

8275. Penalty for failure to comply. 8276. Penalty in cases not provided for.

§ 8225. (R. S. § 4463, as amended, Act April 2, 1908, c. 123, § 1, and Act March 3, 1913, c. 118, § 1.) Officers and crews of vessel subject to provisions of this Title, or to inspection laws; entry of complement in certificate of inspection and change by indorsement thereon; deficiency; penalties.

Any vessel of the United States subject to the provisions of this title or to the inspection laws of the United States shall not be navigated unless she shall have in her service and on board such complement of licensed officers and crew as may, in the judgment of the local inspectors who inspect the vessel, be necessary for her safe navigation. The local inspectors shall make in the certificate of inspection of the vessel an entry of such complement of officers and crew, which may be changed from time to time by indorsement on such certificate by local inspectors by reason of change of conditions or employment. Such entry or indorsement shall be subject to a right of appeal, under regulations to be made by the Secretary of Commerce [and Labor,] to the supervising inspector and from him to the Supervising Inspector General, who shall have the power to revise, set aside, or affirm the said determination of the local inspectors.

If any such vessel is deprived of the services of any number of the crew without the consent, fault, or collusion of the master, owner, or any person interested in the vessel, the vessel may proceed on her voyage if, in the judgment of the master, she is sufficiently manned for such voyage: Provided, That the master shall ship, if obtainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same grade or of a higher rating with those whose places they fill. If the master shall fail to explain in writing the cause of such deficiency in the crew to the local inspectors within twelve hours of the time of the arrival of the vessel at her destination, he

shall be liable to a penalty of fifty dollars. If the vessel shall not be manned as provided in this Act, the owner shall be liable to a penalty of one hundred dollars, or, in case of an insufficient number of licensed officers, to a penalty of five hundred dollars.

Act Feb. 28, 1871, c. 100, § 14, 16 Stat. 446. Act April 2, 1908, c. 123, § 1, 35 Stat. 55. Act March 3, 1913, c. 118, § 1, 37 Stat. 732. This section, as enacted in the Revised Statutes, was as follows: "No steamer carrying passengers shall depart from any port unless she shall have in her service a full complement of licensed officers and full crew, sufficient at all times to manage the vessel, including the proper number of watchmen. But if any such vessel, on her voyage, is deprived of the services of any licensed officer, without the consent, fault, or collusion of the master, owner, or any person interested in the vessel, the deficiency may be temporarily supplied, until others licensed can be obtained."

It was amended by Act April 2, 1908, c. 123, § 1, cited above, to read as set forth here, except the following proviso: "Provided, that the master shall ship, if obtainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same grade or of a higher rating with those whose places they fill" and the last sentence of the section, which read: "If the vessel shall have been insufficiently manned in the judgment of the local inspectors, the master shall be liable to a penalty of one hundred dollars, or in case of an insufficient number of licensed officers to a penalty of five hundred dollars."

Said proviso was inserted, and the last sentence of the section was changed to read as set forth here, by amendment by Act March 3, 1913, c. 118, § 1, last cited above.

The words "and Labor," inclosed in brackets in this section, were superseded by the change of the title Secretary of Commerce and Labor to Secretary of Commerce, on the creation of the Department of Labor, by Act March 4, 1913, c. 141, § 1, ante, § 932.

§ 8226. (Act March 3, 1913, c. 118, § 2.) Entry of minimum number of deck officers required in certificate of inspection; master; number of mates; increase of licensed officers; vessels excepted.

The board of local inspectors shall make an entry in the certificate of inspection of every ocean and coastwise sea-going merchant vessel of the United States propelled by machinery, and every ocean-going vessel carrying passengers, the minimum number of licensed deck officers required for her safe navigation according to the following scale:

That no such vessel shall be navigated unless she shall have on board and in her service one duly licensed master.

That every such vessel of one thousand gross tons and over, propelled by machinery, shall have in her service and on board three licensed mates, who shall stand in three watches while such vessel is being navigated, unless such vessel is engaged in a run of less than four hundred miles from the port of departure to the port of final destination, then such vessel shall have two licensed mates; and every vessel of two hundred gross tons and less than one thousand gross tons, propelled by machinery, shall have two licensed

mates.

That every such vessel of one hundred gross tons and under two hundred gross tons, propelled by machinery, shall have on board and in her service one licensed mate; but if such vessel is engaged

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