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States of traffic

ine.

R. S., 4280.

Regulation by The two preceding sections shall not be so construed as in nitro-glycer to prevent any State, Territory, district, city, or town within the United States from regulating or from prohibiting the traffic in or transportation of those substances, between persons or places lying or being within their respective territorial limits, or from prohibiting the introduction thereof into such limits, for sale, use, or consumption therein.

Shipping in

flammable terial.

R. S., 4238.

Any person shipping oil of vitriol, unslaked lime, inflammamable matches, or gunpowder, in a vessel taking cargo for divers persons on freight, without delivering, at the time of shipment, a note in writing, expressing the nature and character of such merchandise, to the master, mate, officer, or person in charge of the lading of the vessel, shall be liable to the United States in a penalty of one thousand dollars. But this section shall not apply to any vessel of any description whatsoever used in rivers or inland navigation.

Crimes and negligence of

boats.

R. S., 5344.

Every captain, engineer, pilot, or other person emofficers and own- ployed on any steamboat or vessel, by whose misconduct, ers of steam negligence, or inattention to his duties on such vessel, the life of any person is destroyed, and every owner, inspector, or other public officer, through whose fraud, connivance, misconduct, or violation of law, the life of any person is destroyed, shall be deemed guilty of manslaughter, and, upon conviction thereof before any circuit court of the United States, shall be sentenced to confinement at hard labor for a period of not more than ten years.

Maltreatment

of crew by offi

cers.

R. S., 5347.

Mar. 3, 1897.

Every master or other officer of an American vessel on the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, who, with(29 Stat., 691.) out justifiable cause, beats, wounds, or imprisons any of the crew of such vessel or withholds from them suitable food and nourishment, or inflicts upon them any cruel and unusual punishment, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five years, or by both.

Unlawful shipment of explosives.

R. S., 5353.

R. S., 5354.

"Every person who knowingly transports, or delivers or causes to be delivered, nitro-glycerine, nitroleum or blasting-oil, or nitrated oil, or powder mixed with any such oil, or fiber saturated with any such substance or article, on board any vessel or vehicle whatever, employed in conveying passengers by land or water between any place in a foreign country and any place within the United States, or between a place in one State, Territory, or district of the United States and a place in any other State, Territory, or district thereof, shall be punished by a fine of not less than one thousand dollars, nor more than ten thousand dollars; one-half to the use of the informer.

When the death of any person is caused by the explosion of any quantity of such articles, or either of them,

@ See sections 4472, 5353-5355, pages 136, 144, 145,
See sections 4278-4280, pages 143, 144.

while the same is being placed upon any vessel or vehicle, to be transported in violation of the preceding section, or while the same is being so transported, or while the same is being removed from such vessel or vehicle, every person who knowingly placed or aided, or permitted the placing of such articles upon such vessel or vehicle, to be so transported, is guilty of manslaughter, and shall suffer imprisonment for a period not less than two years.

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Every person who knowingly ships, sends, or for- R. S., 5355. wards any quantity of the articles mentioned in section fifty-three hundred and fifty-three, or who transports the same by any mode of conveyance upon land or water, between any of the places specified in that section, unless such articles be securely inclosed, deposited, or packed in a metallic vessel surrounded by plaster of Paris, or other non explosive material when saturated with such oil, and separated from all other substances, and the outside of the package be marked, printed, or labeled in a conspicuous manner with the words "NITRO-GLYCERINE; DANGEROUS, shall be punished by a fine of not less than one thousand nor more than five thousand dollars; one-half to the use of the informer.

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Illegal fees.

Every inspector of steamboats who, upon any pretense, R. S., 5482. receives any fee or reward for his services, except what is allowed to him by law, shall forfeit his office, and be otherwise punished by a fine of not more than five hundred dollars, or by imprisonment not more than six months, or by both.

[For other crimes on the seas see page 244.]

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That on and after July first, eighteen hundred and Certain fees eighty-six, no fees shall be charged or collected by col-19, 1886. lectors or other officers of customs, or by inspectors of 24 Stat., 79.) steam-vessels for the following services to vessels of the United States, to wit: * * * inspecting, examining, and licensing steam-vessels, including inspection-certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel; and all provisions of laws authorizing or requiring the collection of fees for such services are repealed, such repeal to take effect July first, eighteen hundred and eighty-six. And the Secretary of Commerce and Labor shall 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 this act; also such compensation to clerks of shipping Apr. 4, 1888. commissioners, and clerks of steamboat inspectors, and (25 Stat., 50.) 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

@See sections 4472, 4278-4280, pages 136, 143, 144.

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* *

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June 19, 1886. (24 Stat., So.)

Bay, New York,

ter.

June 25, 1890.

(26 Stat., 180.)

*

*

section forty-four hundred and sixty-one of the Revised
Statutes.
Provided, That such services have, in
the opinion of the Secretary of Commerce and Labor, been
necessarily rendered.a

Irondequoit Irondequoit Bay, New York, shall, for the purpose a navigable wa- of applying the provisions of title fifty-two of the Revised Statutes, relating to steam-vessels navigating thereon, be declared a navigable water of the United States; and steam-vessels navigated thereon, and carrying passengers, shall be inspected under the provisions of section forty-four hundred and twenty-six of the title referred to, and subject to the penalties provided therein for a failure to comply therewith.

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Section forty-one hundred and thirty-one of the Revised Statutes of the United States be amended so as to read as follows:

"SEC. 4131. Vessels registered pursuant to law and no others, except such as shall be duly qualified according to law for carrying on the coasting or fishing trade, shall be deemed vessels of the United States, and entitled to the benefits and privileges appertaining to such vessels; but no such vessel shall enjoy such benefits and privileges longer than it shall continue to be wholly owned by a citizen or citizens of the United States or a corporation created under the laws of any of the States thereof, and be commanded by a citizen of the United States.

"And all the officers of vessels of the United States who shall have charge of a watch, including pilots, shall in all cases be citizens of the United States.

"The word "officers" shall include the chief engineer and each assistant engineer in charge of a watch on vessels propelled wholly or in part by steam; and after the first day of January, eighteen hundred and ninety-seven, no person shall be qualified to hold a license as a commander or watch officer of a merchant vessel of the United States who is not a native born citizen, or whose naturalization as a citizen shall not have been fully completed."

All licenses issued to such officers shall be for a term of five years, but the holder of a license may have the same renewed for another five years at any time before its expiration: Provided, however, That any officer holding a license, and who is engaged in a service which necessitates his continuous absence from the United States, may make application in writing for one renewal and transmit the same to the board of local inspectors with a statement of the applicant verified before a consul, or other officer of the United States authorized to administer an oath, setting forth the reasons for not appearing in person; and upon receiving the same the board of local

@ See also "Fees," page 239.
See section 4450, page 132,

inspectors that originally issued such license shall renew the same for one additional term of such license, and shall notify the applicant of such renewal.

And in all cases where the issue is the suspension or revocation of such licenses, whether before the local boards of inspectors as provided for in section forty-four hundred and fifty of the Revised Statutes, or before the supervising inspector as provided for in section forty-four hundred and fifty-two of the Revised Statutes, the accused shall be allowed to appear by counsel and to testify in his own behalf.

of war.

No master, mate, pilot, or enginer of steam vessels Draft in time licensed under title fifty-two of the Revised Statutes shall be liable to draft in time of war, except for the performance of duties such as required by his license; and, while performing such duties in the service of the United States, every such master, mate, pilot, or engineer shall be entitled to the highest rate of wages paid in the merchant marine of the United States for similar services; and, if killed or wounded while performing such duties under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States.

But this shall not be construed to modify or repeal that provision of the Act of June twenty-sixth, eighteen hundred and eighty-four, which reads as follows: "In cases where on a foreign voyage, or on a voyage from an Atlantic to a Pacific port of the United States, any such vessel is for any reason deprived of the services of an officer below the grade of master, his place, or a vacancy caused by the promotion of another officer to such place may be supplied by a person not a citizen of the United States until the first return of such vessel to its home port; and such vessel shall not be liable to any penalty or penal tax for such employment of an alien officer."

to be properly

equipped.

Mar. 3, 1897.

stat., 688.)

Sec. 2.

On and after June thirtieth, eighteen hundred and Steamboats on ninety-eight, every steamboat of the United States plying Mississippi River upon the Mississippi River or its tributaries shall furnish an appropriate place for the crew, which shall conform to the requirements of this section so far as they shall be applicable thereto by providing sleeping room in the engine room of the steamboats properly protected from the cold, winds, and rains by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck, under the direction and approval of the Supervising Inspector-General of Steam Vessels, and shall be properly

heated.

Any failure to comply with this section shall subject the owner or owners to a penalty of five hundred dollars.

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Office of Steamboat Inspection

Service.

The Secretary of Commerce and Labor be, and he is hereby, authorized to direct the inspection of any foreign vessel, admitted to American registry, its steam boilers, steam pipes, and appurtenances, and to direct the issue of the usual certificate of inspection, whether said boilers, steam pipes, and appurtenances are or are not constructed pursuant to the laws of the United States, or whether they are or are not constructed of iron stamped pursuant to said laws.

The tests in the inspection of such boilers, steam pipes, and appurtenances shall be the same in all respects as to strength and safety as are required in the inspection of boilers constructed in the United States for marine pur

poses.

The Constitution, and, except as herein otherwise provided, all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States.

[The Office of the Steamboat-Inspection Service is provided with a chief clerk, at a salary of $2,000 per annum, and Appropriation other employees. Authority for Supervising InspectorGeneral is given on page 117.]

acts.

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