Page:United States Statutes at Large Volume 16.djvu/487

 FORTY-FIRST CONGRESS. Sess. III. Ch. 100. 1871. 453 Sec. 41. And be it further enacted, That all steamers navigating the Wh¤*¤*°°¤}°'¤ . . . sub t to this lakes, bays, inlets, sounds, rivers, harbors, or other navigable waters of ,,,,,·l°° the United States, when such waters are common highways of commerce, i or open to general or competitive navigation, shall be subject to the provisions of this act: Provided, That this act shall not apply to public vessels what net. of the United States or vessels of other countries, nor to boats, propelled in whole or in part by steam, for navigating canals. Sec. 42. And be it further enacted, That on any steamers navigating River steamrivers only, when, from darkness, fog, or other cause, the pilot or watch °“·.i‘“ pim °" shall be of opinion that the navigation is unsafe, or from accident to or gggjggijlojrlgeggt derangement of the machinery of the boat, the chief engineer shall be of ¤¤f¤» *0 be the opinion that the further navigation of the vessel is unsafe, the vessel 5§Q,¥g2,tct° fm' shall be brought to anchor or moored as soon as it can prudently be done: ’ i Provided, That if the person in command shall, after being so admonished Ifmaster after, by either of such officers, elect to pursue such voyage, he may do the &°1p“",;""uQ,° same; but in such case both he and the owners of such steamer shall be diignsleégiarg iiganswerable for alldamages which shall arise to the person of any pas- SP°¤Sibl° f°” sengcr or his baggage from said causes in so pursuing the voyage, and no damages` degree of care or diligence shall in such case be held to justify or excuse N° °”° *° °x· the person in command or said owners. ml"' Sec. 43. And be ttfurther enacted, That whenever damage is sustained Master and by any passenger or his baggage from explosion, tire, collision, or other °W“‘"iH“b,l° t° cause, the master and the owner of such vessel, or either of them, and the gggihiysggg, vessel, shall be liable to each and every person so injured to the full amount of damage, if it happens through any neglect or failure to comply with the provisions of law herein prescribed, or through known defects or imperfections of the steaming apparatus or of the hull, and any person sustaining loss or injury through the carfejlessness, negligence, or wilful misconduct of any captain, mate, engineer, or pilot, or his neglect or refusal to obey the provisions of law herein prescribed as to navigating such rteamers, may sue such captain, mate, engineer, or pilot, and recover damages for any such injury caused as aforesaid by any such captain, mate, engineer, or pilot. Sec. 44. And be itfurtfzer enacted, That every steamboat of the United St¤¤¥¤¤<>¤\¤ Y0 States shall, in addition to having her name painted on her stern, as now lggystgwfstem required by law, also have the same conspicuously placed in distinct, and outside of i plain letters, of not less than six inches in length, on each outer side of HES;;;:?;;; the pilot house, if it has such, and (in case the said boat has side-wheels) smc_ also on the outer side of each wheel-house; and if any such steamboat Penalty, shall be found without having her name placed as herein required, she shall be subject to the same penalty and forfeiture as is now provided by law in the case of a vessel of the United States found without having her name and the name of the port to which she belongs painted on her stern as required by law. Sec. 45. And be it further enacted, That no master, owner, or agent of {‘i¤¤é¢t<>€)V€¤- any vessel of the United States shall, in any way, change the name of Zi,,,;;€d?&‘;_ such vessel, or by any device, advertisement, or contrivance, deceive, or attempt to deceive, the public or any officer or agent of the United States government, or of any State, or any corporation or agent thereof, or any person or persons, as to the true name or character of such vessel, on pain of the forfeiture of such vessel. _ Sec. 36 [46]. And be it further enacted, That every barge carrying _ Berger carry- passengers while in tow of any steamer, shall be subject to the provisions l;»‘{g’;s;‘;.;%°*s¤ of this act for the preservation of the lives of passengers so far as relates St,,,,,,,,,,,,;,,,,, to fire-buckets, axes, life-preservers, and yawls to such an extent as, shall to this Mfbe prescribed by the board of supervising inspectors; for the violation of Penalty. this section the penalty shall be two hundred dollars, one half for the use of the informer. _ _ Sec. 47. And be it further enacted, That every river steamer navigating