94 PART V.—LIABILITY OF OWNERS, MASTERS, AND SHIPPERS. R. S., 4289. Feb. 13, 1893. Sec. 2. Sec. 3. aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessels and freight pending: Provided, That this provision shall not affect the liability of any owner incurred previous to the passage of this act, nor prevent any claimant from joining all the owners in one action; nor shall the same apply to wages due to persons employed by said ship-owners. The provisions of the seven preceding sections, and of section eighteen of an act entitled "An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying-trade, and for other purposes," approved June twenty-sixth, eighteen hundred and eighty-four, relating to the limitations of the liability of the owners of vessels, shall apply to all seagoing vessels, and also to all vessels used on lakes or rivers or in inland navigation, including canal-boats, barges, and lighters. 106. Bill of lading. It shall not be lawful for the manager, agent, master or owner of any vessel transporting merchandise or property from or between ports of the United States and foreign ports to insert in any bill of lading or shipping document any clause, covenant, or agreement whereby it, he, or they shall be relieved from liability for loss or damage arising from negligence, fault, or failure in proper loading, stowage, custody, care, or proper delivery of any and all lawful mer chandise or property committed to its or their charge. Any and all words or clauses of such import inserted in bills of lading or shipping receipts shall be null and void and of no effect. It shall not be lawful for any vessel transporting merchandise or property from or between ports of the United States of America and foreign ports, her owner, master, agent or manager to insert in any bill of lading or shipping document any covenant or agreement whereby the obligations of the owner or owners of said vessel to exercise due diligence, properly equip, man, provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided. If the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped, and supplied, neither the vessel, or owners, agent, or charterers shall become or be held responsible for damage or loss resulting from faults or errors in navigation or in the management of said vessel, nor shall the vessel, her owner or owners, charterers, agent, or master, be held liable for losses arising from dangers of the sea or other navigable waters, acts of God, or public enemies, or the inherent defect, quality, or vice of the thing carried, or from insufficiency of package, or seizure under legal process, or for loss resulting from any act or omission of the shipper or owner of the goods, his agent or representative, or from saving or attempting to save life or property at sea, or from any deviation in rendering such service. It shall be the duty of the owner or owners, masters, or agent of any vessel transporting merchandise or property from or between ports of the United States and foreign ports to issue to shippers of any lawful merchandise a bill of lading, or shipping document, stating, among other things, the marks necessary for identification, number of packages, or quantity, stating whether it be carrier's or shipper's weight, and apparent order or condition of such merchandise or property delivered to and received by the owner, master, or agent of the vessel for transportation, and such document shall be prima facie evidence of the receipt of the merchandise therein described. Sec. 4. For a violation of any of the provisions of this act the Sec. 5. agent, owner, or master of the vessel guilty of such violation, and who refuses to issue on demand the bill of lading herein provided for, shall be liable to a fine not exceeding two thousand dollars. The amount of the fine and costs for such violation shall be a lien upon the vessel, whose agent, owner, or master is guilty of such violation, and such vessel may be libeled therefor in any district court of the United States, within whose jurisdiction the vessel may be found. One half of such penalty shall go to the party injured by such violation and the remainder to the Government of the United States. This act shall not be held to modify or repeal sections Sec. 6. forty-two hundred and eighty-one, forty-two hundred and eighty-two, and forty-two hundred and eighty-three of the Revised Statutes of the United States, or any other statute defining the liability of vessels, their owners, or representatives. Sections one and four of this act shall not apply to the Sec. 7. transportation of live animals. PART VI-INSPECTION OF STEAM VESSELS. 107. General provisions. 108. Manning of vessels. [116. Protection against fire. 109. Inspection of hulls and life-saving 118. Carriage of passengers, appliances. 110. Inspection of boilers. 111. Loading safety-valve. 112. Water-tight bulkheads. 113. Life boats, lines, and preservers. 114. Stairways and deck room. 115. Wire tiller-ropes. R. S., 4399. R. S., 4400. Aug. 7, 1882. Mar. 1, 1895. R. S., 4401. 107. General provisions. 119. Certificate of inspection. 120. Exhibit of laws. 121. Inspectors and officers of steamvessels. 122. Liability for damage. 123. Enforcement and penalty. Every vessel propelled in whole or in part by steam shall be deemed a steam-vessel within the meaning of this Title [R. S., 4399-4500]. All steam-vessels navigating any waters of the United States which are common highways of commerce, or open to general or competitive navigation, excepting public vessels of the United States, vessels of other countries, and boats propelled in whole or in part by steam for navigating canals, shall be subject to the provisions of this Title R. S., 4399-4500]. And all foreign private steam-vessels carrying passengers from any port of the United States to any other place or country shall be subject to the provisions of section fortyfour hundred and seventeen, forty-four hundred and eighteen, forty-four hundred and twenty-one, forty-four hundred and twenty-two, forty-four hundred and twenty-three, forty-four hundred and twenty-four, forty-four hundred and seventy, forty-four hundred and seventy-one, forty-four hundred and seventy-two, forty-four hundred and seventythree, forty-four hundred and seventy-nine, forty-four hundred and eighty-two, forty-four hundred and eighty-eight, forty-four hundred and eighty-nine, forty-four hundred and ninety-six, forty-four hundred and ninety-seven, forty-four hundred and ninety-nine, and forty-five hundred of this title, and shall be liable to visitation and inspection by the proper officer, in any of the ports of the United States, respecting any of the provisions of the sections aforesaid. All coastwise sea going vessels, and vessels navigating the great lakes, shall be subject to the navigation laws of the United States, when navigating within the jurisdiction thereof; and all vessels, propelled in whole or in part by steam, and navigating as aforesaid, shall be subject to all the rules and regulations established in pursuance of law for the government of steam-vessels in passing, as provided by this Title [R. S., 4399-4500]; and every coastwise seagoing steam-vessel subject to the navigation laws of the United States, and to the rules and regulations aforesaid, not sailing under register, shall, when under way, except on the high seas, be under the control and direction of pilots licensed by the inspectors of steamboats. No license, register, or enrollment shall be granted, nor any other papers be issued by any collector or other chief officer of the customs to any vessel propelled in whole or in part by steam, until he shall have satisfactory evidence that all the provisions of this Title [B. S., 4399-4500] have been fully complied with. R. S., 4498. The hull and boilers of every ferry-boat, canal-boat, R. S., 4426. yacht, or other small craft of like character, propelled by steam, shall be inspected under the provisions of this Title Page 97. Jan. 18, 1897. 'All vessels of above fifteen tons burden, carrying freight R. S. 4426. or passengers for hire, propelled by gas, fluid, naphtha, or electric motors, shall be, and are hereby, made subject to all the provisions of section forty-four hundred and twentysix of the Revised Statutes of the United States, relating to the inspection of hulls and boilers and requiring engineers and pilots; and all vessels so propelled, without regard to tonnage or use, shall be subject to the provisions of section forty-four hundred and twelve of the Revised Statutes of the United States, relating to the regulation of steam vessels in passing each other; and to so much of sections fortytwo hundred and thirty-three and forty-two hundred and PART VI-INSPECTION OF STEAM VESSELS. 107. General provisions. 108. Manning of vessels. 116. Protection against fire. 109. Inspection of hulls and life-saving 118. Carriage of passengers. appliances. 110. Inspection of boilers. 113. Life boats, lines, and preservers. 119. Certificate of inspection. 121. Inspectors and officers of steam- 122. Liability for damage. R. S.. R. S. Ang Mai Page 96. The Secretary of the Treasury 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 The tests in the of iron stamped pursuant to said laws. 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 purposes. March 3, 1897. Sec. 14. |