Page:United States Statutes at Large Volume 49 Part 1.djvu/1005

 960 74Tx CONGRESS. SESS. I. CA. 804. AUGUST 29, 1935. August 29, 1935. [S. 3448.] [Public, No. 391 .] [CHAPTER 804 .] AN ACT Relative to limitation of shipowners' liability. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Limitation of ship- LIMITAtiON OF SHIPOWNERS' LIABILITY owners' liability. R.S.,see. 4283, p. 827; SeCTION 1 . Revised Statutes 4283 United States Code, title 46, -u.S.C.,P.1998. 7 section 183, shall be amended by adding the following proviso at the Amount 4of liability, end thereof : " Provided, That the total liability of the owner or owners of any sea-going sailing, steam, or motor vessel, whether American or foreign, other than tugs, barges, fishing vessels and their tenders, for the entire loss of life or personal injuries caused without the fault or privity of such owner or owners to any person, shall be in an amount not less than an amount equal to $60 for each ton of the tonnage of such vessel or vessels, or the amount or value of the interest of such owner in such vessel and her freight Tonn age of s team or mo tor vessel con- then pending, if the latter be the greater amount . The tonnage strued . of a steam or motor vessel shall be her gross tonnage without deduc- tion on account of engine room, and the tonnage of a sailing vessel shall be her registered tonnage, provided that there shall not be included in such tonnage any space occupied by seamen or appren- tices and appropriated to their use. The owner of every sea-going vessel or share therein shall be liable in respect of every such loss of life or personal injury arising on distinct occasions to the same extent as if no other loss or injury had arisen ." Liability of owner . SEC . 2. In respect of loss of life or bodily injury, the actual Post, p.1481. privity or knowledge of the master of a sea-going vessel (other than tug s, barg es, fish ing ves sels and their tenders), or of the su per- intendent or managing agent of the owner thereof, at or prior to the commencement of each voyage, shall be deemed conclusively the privity or knowledge of the owner of such vessel . SEC . 3 . Chapter 6 of Title 48 of the Revised Statutes is amended by inserting after section 4283, as amended, the following new s ecti on Sti pulations limiting " SEC. 4283A. STIPULATIONS LIMITING TIME FOR FILING CLAIMS AND time for filing claims and commencing suit. COMMENCING SUIT .- (a) It shall be unlawful for the manager, agent, unlawful acts. m aster, or owner of any sea-goi ng vess el (othe r than tugs, ba rges, fishing vessel s and th eir ten ders) tr ansport ing pas sengers or mer- chandise or property from or between ports of the United States and foreign ports to provide by rule, contract, regulation, or otherwise a shorter period for giving notice of, or filing claims for loss of life or bodily injury, than s ix month s, and for the institu tion of suits on such claims, than one year, such period for institution of suits to be computed from the day when the death or injury occurred. When failure to give "(b) Failure to give such notice, where lawfully prescribed in notice not to bar claim . such contract, shall not bar any such claim- "(1) If the owner or master of the vessel or his agent had knowledge of the injury, damage, or loss and the court determines that the owner has not been prejudiced by the failure to give such notice ; nor "(2) If the court excuses such fa ilure on the gr ound th at for some satisfactory reason such notice could not be given ; nor "(3) Unless objection to such failure is raised by the owner. Claim filed by legal "(c) If a person who is entitled to recover on any such claim is rep resen tati ve . mentally incompetent or a minor, or if the action is one for wrong- ful death, any lawful limitation of time prescribed in such contract