Page:United States Statutes at Large Volume 49 Part 1.djvu/1525

 1480 7 4TH C ONGRESS. SESS. II. CH. 521. JUNE 5, 1936 . than $60 per ton of such vessel's tonnage, such portion shall be increased to an amount equal to $60 per ton, to be available only for t he payme nt of lo sses in respect of loss of life or bodil y injury. Proportionate pay- If such portion so increased is insufficient to such losses in full went if amount i nsuf- pay f ficient for full settle- they shall be paid therefrom in proportion to their respective ment. amounts. T onna ge con stru ed. "( c) For the purposes of this section the tonnage of a seagoing s team or motor ve ssel sha ll be he r gross tonnage without deductio n on account of engine room, and the tonnage of a seagoing sailing Space vessel shall be her registered tonnage : PProvided, That there shall not excluded . ~ be included in such tonnage any space occupied by seamen or appren- tices and appropriated to their use . Injuries, etc ., arising "(d) The owner of any such seagoing on dist inct occa sion s vessel shall be liable in. respect of loss of life or bodily injury arising on distinct occasions to the same extent as if no other loss of life or bodily injury had arisen. Privity or knowledge "(e) In respect of loss of life or bodily injury the privity or of master, etc ., imp uted to owner . knowledge of the master of a seagoing vessel or of the superintendent or managing agent of the owner thereof, at or prior to the commence- ment of each voyage, shall be deemed conclusively the privity or knowledge of the owner of such vessel . "Se agoi ng vessel" " (f) As used in subsections (b), (c), (d), and (e) of this section construed. a nd in se ction 42 83A, the term `s eagoing vessel' shall no t includ e pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels or their tenders, self-propelled lighters, nondescript self- propelled vessels, canal boats, scows, car floats, barges, lighters, or nondescript non-self-propelled vessels, even though the same may be seagoing vessels within the meaning of such term as used in section 4289 of this chapter, as amended ." SEC . 2 . Chapter 6 of title 48 of the Revised Statutes, as amended, is hereby amended by inserting after section 4283A the following new section Stipula tions l imiting "SEC. 4283B. STIPULATIONS LIM ITING LIABI LITY FOR NEGLIGENCE liability for negligence invalid . INVALID .-It shall be unlawful for the manager, agent, master, or owner of any vessel transporting passengers between ports of the United States or between any such port and a foreign port to insert in any rule, regulation, contract, or agreement any provision or limitation (1) purporting, in the event of loss of life or bodily injury arising from the negligence or fault of such owner or his servants, to relieve such owner, master, or agent from liability, or from liability beyond any stipulated amount, for such loss or injury, or (2) purporting in such event to lessen, weaken, or avoid the right of any claimant to a trial by court of competent jurisdiction on the question of liability for such loss or injury, or the measure of dam- ages therefor. All such provisions or limitations contained in any such rule, regulation, contract, or agreement are hereby declared to be against public policy and shall be null and void and of no effect ." SEC . 3 . Section 4285 of the Revised Statutes (U. S . C ., 1934 ed ., title 46, sec. 185) is hereby amended to read as follows : liaPi oceedin gs to l imit "SEC. 4285 . The vessel owner, within six months after a claimant shall have given to or filed with such owner written notice of claim, may petition a district court of the United States of competent jurisdiction for limitation of liabilit within the provisions of this Deposit of security. chapter, as amended, and the owner (a) shall deposit with the court, for the benefit of claimants, a sum equal to the amount or value of the interest of such owner in the vessel and freight, or approved security therefo r, and i n additi on such sums, or approve d securi ty therefor, as the court may from time to time fix as necessary to carry Optional transfer of out the provisions of section 4283, as amended, or (b) at his option interest to a trustee. shall transfer, for the benefit of claimants, to a trustee to be