PASSENGER, cont. One who has taken a place. in a public conveyance, for the
purpose of being transported from one place to another.
2. By act of Feb. 22, 1847, Minot's Statutes at Large of United States,
p. 127, it is provided as follows: That if the master of any vessel owned in
whole or in part by a citizen of the United States of America, or by a
citizen of any foreign country, shall take on board, such vessel, at any
foreign port or place, a greater number of passengers than in the following
proportion, to the space occupied by them and appropriated for their use,
and unoccupied by stores, or other goods, not being the personal luggage of
such passengers, that is to say, on the lower deck or platform one passenger
for every fourteen clear superficial feet of deck, if such vessel is not to
pass within the tropics during such voyage; but if such vessel is to pass
within the tropics during such voyage, then one passenger, for every twenty
such clear superficial feet of deck, and on the poop deck (if any) one
passenger for every thirty such superficial feet in all cases, with intent
to bring such passengers to the United States of America, and shall leave
such port or place with the same or any other number thereof, within the
jurisdiction of the United States aforesaid, or if any such master of vessel
shall take on board of his vessel, at any port or place within the
jurisdiction of the United States aforesaid, any greater number of
passengers than the proportions aforesaid admit, with intent to carry the
same to any foreign port or place, every such master shall be deemed guilty
of a misdemeanor, and, upon conviction thereof before any circuit or
district court of the United States aforesaid, shall, for each passenger
taken on board beyond the above proportions, be fined in the sum of fifty
dollars, and may also be imprisoned for any term not exceeding one year:
Provided, That this act shall not be construed to permit any ship or vessel
to carry more than two passengers to five tons of such ship or vessel.
3.-Sec. 2. That if the passengers so taken on board of such vessel,
and brought into or transported from the United States aforesaid, shall
exceed the number limited by the last section to the number of twenty in the
whole, such vessel shall be forfeited to the United States aforesaid, and be
prosecuted and distributed as forfeitures are under the act to regulate
duties on imports and tonnage.
4.-Sec. 3. That if any such vessel as aforesaid shall have more than
two tiers of berths, or in case, in such vessel, the interval between the
floor and the deck or platform beneath shall not be at least six inches, and
the berths well constructed, or in case the dimensions of such berths shall
not be at least six feet in length, and at least eighteen inches in width,
for each passenger as aforesaid, then the master of said vessel, and the
owners thereof, severally, shall forfeit and pay the sum of five dollars for
each and every passenger on board of said vessel on such voyage, to be
recovered by the United States aforesaid, in any circuit or district court
of the. United States where such vessel may arrive, or from which she sails.
5.-Sec. 4. That, for the purposes of this act, it shall in all cases
be computed that two children, each being under the age of eight years,
shall be equal to one passenger, and that children under the age of one year
shall not be included in the computation of the number of passengers.
6.-Sec. 5. That the amount of the several penalties imposed by this
act shall be liens on the vessel or vessels violating its provisions; and
such vessel may be libelled and sold therefor in the district court of the
United States aforesaid in which such vessel shall arrive.
9. By act of March 2, 1847, Minot's Statutes at Large of United States,
p. 149, it is enacted, That so much of said act as authorizes shippers to
estimate two children of eight years of age and under as one passenger, in
the assignment of room, is hereby repealed.
10. The act of May 17, 1848, Minot's Statute at Large of United States,
p. 220, further provides, 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 passageway
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 be at 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 handrail of wood or strong rope: Provided, nevertheless,
Booby hatches may, be substituted for such houses in vessels having three
permanent decks.
11.-Sec. 2. 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 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 be 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 be made 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.
12.-Sec. 3. 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, that
nothing herein contained shall take away the right to make such arrangements
for cooking between decks, if that shall be deemed desirable.
13.-Sec. 4. 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 a
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 maybe 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 may 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, 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.
14.-Sec. 5. 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 stall 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, so 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.
15.-Sec. 6 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
passageways, as prescribed in the first section of this act; or with
ventilators, as proscribed in the second section of this act; or with the
cambooses 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.
16.-Sec. 7. 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.
17.-Sec. 8. That the first section of the act entitled, "An act to
regulate the carrying 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 decks 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 the
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
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 shall 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.
18.-Sec. 9. 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.
19.-Sec. 10. 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.
20. By act of March 3, 1849, Minot's Statutes at Large of United States,
p. 399, it is enacted, That all vessels bound from any port in the United
States to any port or place in the Pacific Ocean, or on its tributaries, or
from any such port or place to any port in the, United States on the
Atlantic, or its tributaries, shall be subject to the provisions of all the
laws now in force relating to the carriage of passengers in merchant
vessels, sailing to and from foreign countries, and the regulation thereof;
except the fourth section of the "Act to provide for the ventilation of
passenger vessels, and for other purposes," approved May seventeenth,
eighteen hundred and forty-eight, relating to provisions, water, and fuel;
but the owners and masters of all such vessels shall in all cases furnish to
each passenger the daily supply of water therein mentioned, and they shall
furnish for themselves, a sufficient supply of, good and wholesome food; and
in case they shall fail so to do, or shall provide unwholesome or unsuitable
provisions, they shall be subject to the penalty provided in said fourth
section in case the passengers are put on short allowance of water or
provisions.
21.-Sec. 2. That the act, entitled "An act to regulate the carriage of
passengers in merchant vessels," approved February twenty-second, eighteen
hundred and forty-seven, shall be so amended as that a vessel passing into
or through the tropics shall be allowed to carry the same number of
passengers as vessels that do not enter the tropics,
22. By act of January 31, 1848, Minot's Statutes at Large of United
States, p. 210, it is enacted, That, from and after the passage of this act,
all and every vessel and vessels which shall or may be employed by the
American Colonization Society, or by the Maryland State Colonization
Society, to transport, and which shall actually transport, from any port or
ports in the United States to any colony or colonies on the west coast of
Africa, colored emigrants to reside there, shall be, and the same are
hereby, excepted out of and exempted from the operation of the act entitled
"An act to regulate the carriage of passengers in merchant vessels," passed
twenty-second February, eighteen hundred and forty-seven; and of the act.
entitled "An act to amend an act entitled 'An act to regulate the carriage
of passengers in merchant vessels, and to determine the time,' when said act
shall take effect,"' passed, second March, eighteen hundred and forty-seven.
23. No deduction is to be made, in estimating, the number of passengers
in a vessel, for children or persons not paying. Gilp. R. 334. For his
rights and duties, vide Common Carriers.
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