In force 21st July, 1837.
AN ACT to prevent Disasters on Steamboats navigating the Waters within the jurisdiction
of Illinois.
1Duty of owners of steamboats
Duty of masters
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That it shall be the duty of the owners of steamboats navigating the Mississippi, Ohio, Wabash, Illinois, and other rivers and lakes within the jurisdiction of this state, to have a competent master, officers, and crew, on board, and to have a substantial
and sufficient engine, boilers or boiler, and to have the same
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at all times in good and safe order and condition, and have the vessel supplied with
all necessary boats, tackle and furniture, and in every respect seaworthy. In ascending
and descending navigation, said boats shall conform to the following regulations:
The descending boat shall keep the shore or bar she may be on, until the ascending
boat passes; and when both boats are running, the descending boat shall keep the middle of the
channel, or in the deepest water, and in all cases where it is practicable leave room
for the descending boat to pass on either side.
Sec. 2. That when two boats shall meet in a contracted part of the river, or in any narrow
or intricate channel, both boats shall stop their engines, or work them very slow,
until they pass each other; and in the night time the descending boat shall not take
any of the small shoots, but shall keep the main channel in order to avoid the ascending
boats.
Passengers to pay strict obedience to command of officers on board
Sec. 3. That it shall be the duty of the masters and officers of all steamboats to keep
their vessels at all times well and steady trimmed, and particularly in coming to
and departing from shore, and for that purpose the passengers and all others on board the boat shall strictly
obey the directions of the master or officers on watch, and keep the place and position
they may direct, and under such pecuniary penalties as the rules and regulations of
the boat in that behalf shall impose; which rules and regulations shall be constantly
kept up in at least five conspicuous and different parts of the boat.
Masters and owners responsible.
Manslaughter
Sec. 4. That the master and owners shall be severally and jointly responsible for damages
which any person may sustain by the neglect or refusal to comply with the requisitions
of the foregoing sections. And moreover, if any loss of life shall ensue from any
such neglect and re-refusal, the officers on watch, and conducting the boat for the time being, shall be deemed guilty of the crime of manslaughter, and upon conviction thereof
shall be punished accordingly.
Responsible for damages.
Sec. 5. That it shall not be lawful for steamboats to run races the one against the other;
and the owners and officers severally and jointly shall be liable and responsible
for all damages which any one may sustain from any accident or casualty which may
happen during said race. And moreover, in case of loss of life or lives in consequence
of said racing, the master of the boat, or person or persons having the command thereof
for the time being, shall be deemed guilty of a high crime and misdemeanor, and upon
conviction thereof shall be liable to imprisonment in the penitentiary of the state,
for any term not exceeding ten years.
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Duty of master
Sec. 6. That in landing passengers from steamboats, the master shall cause the vessel to
be brought to shore whenever practicable and convenient, and especially in cases where
females or children are to be landed; and whenever impracticable or decidedly inconvenient
so to do, may land the passengers in good, sufficient and comfortable boats, to be
at all times kept for that purpose, and managed by a sufficient number of civil, competent,
and careful men; and during the time of disembarking from the steamboat into the small
craft, and of leaving the vessel, the engine shall be stopped and the speed of the
vessel checked. And any neglect or refusal to comply with any of the requirements
of this section shall subject the owners and master of the boat to the payment of
all damages that may result to any person or persons, from such neglect or refusal;
and in the event of loss of life thereby, the master or other officer in command of
the boat for the time being shall be deemed to be guilty of a high misdemeanor, and
on conviction thereof, shall be punished as provided for in the foregoing section
of this act.
Duty of master when gunpowder is on board
Sec. 7. It shall be the duty of the master and officers of any steamboat carrying gunpowder
as freight, to store the same in the safest part of the vessel, and separate and apart
from articles liable to spontaneous combustion, and where in discharging the cargo
it will not be necessary to carry any lighted candle, lamp or flambeau; and all boats
carrying gunpowder as freight shall have printed cards, stating the fact, placed in
the cabin and in other conspicuous parts of the boat, so as to give notice to the
passengers. And the master and officers failing to comply with the provisions of this
section, shall forfeit one hundred dollars for every time the same shall be so neglected,
which may be recovered by action of debt, by and for the use of any person who may
sue for the same, before any justice of the peace in this state; and shall moreover
be liable for all damages which may happen to any person by reason of the failure.
Sec. 8. It shall not be lawful for any person or persons to put or keep any gunpowder
on any steamboat without first giving the master or officers notice thereof; and any
person or persons so offending shall be liable to pay a sum of one hundred dollars
to and for the use of any person who may sue for the same, in an action of debt before
any justice of the peace in this state; and moreover, the person or persons so offending
shall be liable for all damages which may happen to any person thereby.
Copies of this act to be put up in steamboats
Sec. 9. That copies of this act shall be printed and put in frames, and kept publicly
placed in the cabin and
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steerage of each steamboat navigating the Mississippi, Ohio, Wabash, Illinois, and other rivers and lakes within the jurisdiction of this state; and a failure to comply with these provisions shall subject the master and owners
to a penalty of one hundred dollars for each day the same shall be omitted, to be
recovered in an action of debt before any justice of the peace by and for the use
of any person who may sue for the same.
This act deemed public
Sec. 10. This act shall be deemed a public act, and shall take effect from and after the first
day of October next, and the Secretary of State shall cause authenticated copies thereof
to be published in one of the newspapers published in each of the cities of St. Louis, Louisville, and Cincinnati, and cause at least one number of each of said newspapers, containing the same, to
be filed in his office; and such publication shall be deemed sufficient notice of
this act, to all masters, officers, and owners of steamboats who may come within its
provisions.
Approved, 21st July, 1837.
1Edward Smith introduced the bill in the House of Representatives on July 15, 1837. The House referred the bill to the Committee on Internal Improvements.
The Committee on Internal Improvements reported back the bill on July 20 with an amendment,
in which the House concurred. The House passed the bill as amended. The Senate concurred on July 21. On July 21, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Tenth General Assembly of the State
of Illinois, at a Special Session of the General Assembly, Begun and Held in the Town
of Vandalia, July 10, 1837 (Vandalia, IL: William Walters, 1837), 76, 109, 128, 151, 161, 182; Journal of the Senate of the Tenth General Assembly of the State of Illinois, at a
Special Session, Begun and Held in Vandalia, July 10, 1837 (Vandalia, IL: William Walters, 1837), 107, 114, 118, 138.
Printed Document, 4 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly, at their Special Session (Vandalia, IL: William Walters, 1837), 89-92, GA Session: 10-S