May 17, 1848.
Chap. XLI. — An Act to provide for the Ventilation of Passenger Vessels, and for other Purposes.
Certain vessels to have a house on the upper deck.
Certain other vessels to have two such houses.
Booby hatches may be substituted.
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, 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 beat 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 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: Provided, nevertheless, Booby hatches may be substituted for such houses in vessels having three permanent
decks.
Ventilators.
Substitutes therefor.
Sec. 2. And be it further enacted, That every such vessel so employed, and having the legal capacity for more than
one hundred such passengers, shall have at least two ventilators to purify the apartment
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or 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 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 remade and approved, as provided in
the seventh section of this act, that such vessel is equally well ventilated by any other means, such other means of ventilation shall
be deemed, and held to be, a compliance with the provisions of this section.
Camboose or cooking range on deck.
Proviso.
Sec. 3. And be it further enacted, That every vessel carrying more 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 shall take away the right to make such arrangements for
cooking between decks, if that shall be deemed desirable.
Victualling of passenger vessels.
Penalty in case passengers are put on a short allowance.
Passengers may contract to supply themselves.
Sec. 4. And be it further enacted, That all vessels employed as 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 sufficient
supply of fuel for cooking; but at places where either rice, oatmeal, 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 have been put on short allowance the
sum of three dollars for each and every day they 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 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,
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and 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, to 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 occupied 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.
How recovered.
S ec. 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 Camboose 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 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.
Number of passengers.
Penalty on taking on board a greater number.
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 deck of the vessels referred
to in the said section shall be less than six feet, and not less than five feet, there
shall be allowed to each passenger sixteen clear superficial feet on 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 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
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eighteen 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 will 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
aforesaid; 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.
Time when this act is to take effect.
Sec. 9. And be it further enacted, That this act shall 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.
Limitation of passengers to two for every five tons abolished.
1819, ch. 46.
Sec. 10. And be it further enacted, That so much of the first section 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.
Printed Document, 4 page(s), Public Acts, 30th Cong., 1st sess., George Minot, Statutes at Large 9, 220-23