PASSENGER ACT OF 1882
The laws governing the carriage of passengers, explosives, live stock,
etc., on vessels of the American Merchant Marine are as follows:
Accommodations.
Light and air.
Provisions.
Medical attendance.
Discipline and cleanliness.
Privacy of passengers.
Explosives; cattle.
Boarding vessel; passenger list.
Death of passenger.
Inspection.
Penalties.
Accommodations.
It shall not be lawful for the master of any vessel whereon steerage
passengers have been taken at any port or place in a foreign country or
dominion (ports and places in foreign territory contiguous to the United
States excepted) to bring such vessel and passengers to or take from any
port or place in the United States unless the compartments, spaces, and
accommodations hereinafter mentioned have been provided, allotted,
maintained, and used for and by such passengers during the entire
voyage, unobstructed by cargo, stores, or goods. The master of a vessel
coming to a port or place in the United States in violation of any of
the provisions of this section shall be deemed guilty of a misdemeanor;
and if the number of steerage passengers carried or brought in the
vessel, or in any compartment, space, poop, or deck house thereof, is
greater than the number allowed to be carried or brought therein,
respectively, as hereinafter prescribed, the said master shall be fined
fifty dollars for each and every such passenger in excess of the proper
number, and may also be imprisoned not exceeding six months.
_First._ In computing the number of passengers carried or brought in any
vessel, children under one year of age shall not be included, and two
children between one and eight years of age shall be counted as one
passenger; and any person brought in such vessel who shall have been,
during the voyage, taken from any other vessel wrecked or in distress on
the high seas, or have been picked up at sea from any boat, raft, or
otherwise, shall not be included in such computation.
_Second._ The expression "steerage passenger" means all passengers
except cabin passengers, and persons shall not be deemed cabin
passengers unless the space allotted to their exclusive use is in the
proportion of at least thirty-six clear superficial feet to each
passenger.
_Third._ The expression "lowest passenger deck" means the deck next
below the water line; and the expression "passenger deck" includes every
deck or portion of a deck which is above the lowest passenger deck, and
is appropriated for passengers.
_Fourth._ A vessel shall not carry passengers, whether cabin or steerage
passengers, on more than one deck below the water line.
_Fifth._ The height between that part of any deck on which steerage
passengers are carried and the deck immediately above it shall not be
less than six feet.
_Sixth._ No steerage passengers shall be carried on the lowest passenger
deck unless it is efficiently lighted by side scuttles and otherwise to
the satisfaction of the inspector.
_Seventh._ No greater number of steerage passengers shall be carried on
the lowest passenger deck than in the proportion of one steerage
passenger to every twenty-one clear superficial feet allotted to their
use. If, however, the height between the lowest passenger deck and the
deck immediately above it is less than seven feet, and the apertures,
exclusive of side scuttles, through which light and air are admitted are
less in size than in the proportion of three square feet to every one
hundred superficial feet of that deck, no greater number of steerage
passengers shall be carried on that deck than in the proportion of one
steerage passenger to every thirty clear superficial feet thereof,
subject to the allowance for measurement of public rooms, lavatories,
and bath rooms, if any, provided for by paragraph ten.
_Eighth._ No greater number of steerage passengers may be carried on a
passenger deck than in the proportion of one steerage passenger to every
eighteen clear superficial feet of deck allotted to their use, subject
to the allowance for measurement of public rooms, lavatories, and bath
rooms, if any, provided for by paragraph ten. If, however, the height
between any passenger deck and the deck immediately above it be less
than seven feet, no greater number of steerage passengers may be carried
on that deck than in the proportion of one steerage passenger to every
twenty-one clear superficial feet thereof, subject to the allowance for
measurement of public rooms, lavatories, and bath rooms, if any,
provided for by paragraph ten.
_Ninth._ A vessel, whatever be the superficial space of the passenger
decks and of the lowest passenger deck, shall not carry a greater number
of steerage passengers on the whole than in the proportion of one
steerage passenger to every five superficial feet of air or promenade
space provided on a deck so open as not to be included in the tonnage
and approved by the inspector, and this space shall not be counted or
included in the area available for any other passengers, or in other
areas for steerage passengers prescribed by this section.
_Tenth._ In the measurement of the passenger decks and of the lowest
passenger deck, the space occupied by that part of the personal baggage
of the steerage passengers which the inspector permits to be carried
there shall be included, and also on whatever deck located, commodious
and suitable dining rooms, lounging rooms, smoking rooms, lavatories,
toilet rooms, and bath rooms: _Provided_, That—
(_a_) The space in any place appropriated to the use of steerage
passengers in which they sleep shall not be less than eighteen
superficial feet in the case of the lowest passenger deck and fifteen
superficial feet in the case of a passenger deck.
(_b_) Each space so included in the measurement must be clearly marked
to the satisfaction of the inspector as being exclusively appropriated
for the use of the steerage passengers.
_Eleventh._ Each separate compartment in which steerage passengers are
berthed shall be conspicuously marked, showing the total area of such
compartments. (Aug. 2,1882; Dec. 19, 1908.)
In every such steamship or other vessel there shall be a sufficient
number of berths for the proper accommodation as hereinafter provided,
of all such passengers. There shall not be on any deck nor in any
compartment or space occupied by such passengers more than two tiers of
berths. The berths shall be properly constructed, and be separated from
each other by partitions, as berths ordinarily are separated, and each
berth shall be at least two feet in width and six feet in length; and
the interval between the floor or lowest part of the lower tier of
berths and the deck beneath them shall not be less than six inches, nor
the interval between each tier of berths, and the interval between the
uppermost tier and the deck above it, less than two feet six inches; and
each berth shall be occupied by not more than one passenger over eight
years of age; but double berths of twice the above-mentioned width may
be provided, each double berth to be occupied by no more and by none
other than two women, or by one woman and two children under the age of
eight years, or by husband and wife, or by a man and two of his own
children under the age of eight years, or by two men personally
acquainted with each other. All the male passengers upwards of fourteen
years of age who do not occupy berths with their wives shall be berthed
in the fore part of the vessel, in a compartment divided off from the
space or spaces appropriated to the other passengers by a substantial
and well-secured bulkhead; and unmarried female passengers shall be
berthed in a compartment separated from the spaces occupied by other
passengers by a substantial and well-constructed bulkhead, the opening
or communication from which to an adjoining passenger space shall be so
constructed that it can be closed and secured. Families, however, shall
not be separated except with their consent. Each berth shall be numbered
serially, on the outside berth-board, according to the number of
passengers that may lawfully occupy the berth; and the berths occupied
by such passengers shall not be removed or taken down until the
expiration of twelve hours from the time of entry, unless previously
inspected within a shorter period. For any violation of either of the
provisions of this section the master of the vessel shall be liable to a
fine of five dollars for each passenger carried or brought on the
vessel. (Aug. 2, 1882; sec. 2.)
Light and air.
Every such steamship or other vessel shall have adequate provisions for
affording light and air to the passenger-decks and to the compartments
and spaces occupied by such passengers, and with adequate means and
appliances for ventilating the said compartments and spaces. To
compartments having sufficient space for fifty or more of such
passengers at least two ventilators, each not less than twelve inches in
diameter, shall be provided, one of which ventilators shall be inserted
in the forward part of the compartment, and the other in the after part
thereof, and shall be so constructed as to ventilate the compartment;
and additional ventilators shall be provided for each compartment in the
proportion of two ventilators for each additional fifty of such
passengers carried or brought in the compartment. All ventilators shall
be carried at least six feet above the uppermost deck of the vessel, and
shall be of the most approved form and construction. In any steamship
the ventilating apparatus provided, or any method of ventilation adopted
thereon, which has been approved by the proper emigration officers at
the port or place from which said vessel was cleared, shall be deemed a
compliance with the foregoing provisions; and in all vessels carrying or
bringing such passengers there shall be properly-constructed hatchways
over the compartments or spaces occupied by such passengers, which
hatchway shall be properly covered with houses or booby hatches, and the
coamings or sills of which shall rise at least six inches above the
deck; and there shall be proper companion-ways or ladders from each
hatchway leading to the compartments or spaces occupied by such
passengers; and the said companion-ways or ladders shall be securely
constructed, and be provided with hand-rails or strong rope, and, when
the weather will permit, such passengers shall have the use of each
hatchway situated over the compartments or spaces appropriated to their
use; and every vessel carrying or bringing such passengers shall have a
properly located and constructed caboose and cooking-range, or other
cooking apparatus, the dimensions and capacity of which shall be
sufficient to provide for properly cooking and preparing the food of all
such passengers. In every vessel carrying or bringing such passengers
there shall be at least two water-closets or privies, and an additional
water-closet or privy for every one hundred male passengers on board,
for the exclusive use of such male passengers, and an additional
water-closet or privy for every fifty female passengers on board, for
the exclusive use of the female passengers and young children on board.
The aforesaid water-closets and privies shall be properly enclosed and
located on each side of the vessel, and shall be separated from
passengers' spaces by substantial and properly-constructed partitions or
bulkheads; and the water-closets and privies shall be kept and
maintained in a serviceable and cleanly condition throughout the voyage.
For any violation of either of the provisions of this section, or for
any neglect to conform to the requirements thereof, the master of the
vessel shall be liable to a penalty not exceeding two hundred and fifty
dollars. (Sec. 3.)
Provisions.
An allowance of good, wholesome, and proper food, with a reasonable
quantity of fresh provisions, which food shall be equal in value to one
and a half navy rations of the United States, and of fresh water, not
less than four quarts per day, shall be furnished each of such
passengers. Three meals shall be served daily, at regular and stated
hours, of which hours sufficient notice shall be given. If any such
passengers shall at any time during the voyage be put on short allowance
for food and water, the master of the vessel shall pay to each passenger
three dollars for each and every day the passenger may have been put on
short allowance, except in case of accidents, where the captain is
obliged to put the passengers on short allowance. Mothers with infants
and young children shall be furnished the necessary quantity of
wholesome milk or condensed milk for the sustenance of the latter.
Tables and seats shall be provided for the use of passengers at regular
meals. And for every willful violation of any of the provisions of this
section the master of the vessel shall be deemed guilty of a misdemeanor
and shall be fined not more than five hundred dollars, and be imprisoned
for a term not exceeding six months. The enforcement of this penalty,
however, shall not affect the civil responsibility of the master and
owners of the vessel to such passengers as may have suffered from any
negligence, breach of contract, or default on the part of such masters
and owners. (Sec. 4.)
Medical attendance.
In every such steamship or other vessel there shall be properly built
and secured, or divided off from other spaces, two compartments or
spaces to be used exclusively as hospitals for such passengers, one for
men and the other for women. The hospitals shall be located in a space
not below the deck next below the main deck of the vessel. The hospital
spaces shall in no case be less than in the proportion of eighteen clear
superficial feet for every fifty such passengers who are carried or
brought on the vessel, and such hospitals shall be supplied with proper
beds, bedding, and utensils, and be kept so supplied throughout the
voyage. And every steamship or other vessel carrying or bringing
emigrant passengers, or passengers other than cabin passengers,
exceeding fifty in number, shall carry a duly qualified and competent
surgeon or medical practitioner, who shall be rated as such in the
ship's articles, and who shall be provided with surgical instruments,
medical comforts, and medicines proper and necessary for diseases and
accidents incident to sea-voyages, and for the proper medical treatment
of such passengers during the voyage, and with such articles of food and
nourishment as may be proper and necessary for preserving the health of
infants and young children; and the services of such surgeon or medical
practitioner shall be promptly given, in any case of sickness or
disease, to any of the passengers, or to any infant or young child of
any such passengers, who may need his services. For a violation of
either of the provisions of this section the master of the vessel shall
be liable to a penalty not exceeding two hundred and fifty dollars.
(Sec. 5.)
Discipline and cleanliness.
The master of every such steamship or other vessel is 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 such
purpose to be posted up on board the vessel, in a place or places
accessible to such passengers, and shall keep the same so posted up
during the voyage. The said master shall cause the compartments and
spaces provided for, or occupied by, such passengers to be kept at all
times in a clean and healthy condition, and to be, as often as may be
necessary, disinfected with chloride of lime, or by some other equally
efficient disinfectant. Whenever the state of the weather will permit,
such passengers and their bedding shall be mustered on deck, and a clear
and sufficient space on the main or any upper deck of the vessel shall
be set apart, and so kept, for the use and exercise of such passengers
during the voyage. For each neglect or violation of any of the
provisions of this section the master of the vessel shall be liable to a
penalty not exceeding two hundred and fifty dollars. (Sec. 6.)
Privacy of passengers.
Neither the officers, seamen, nor other persons employed on any such
steamship or other vessel shall visit or frequent any part of the vessel
provided or assigned to the use of such passengers, except by the
direction or permission of the master of such vessel first made or given
for such purpose; and every officer, seaman, or other person employed on
board of such vessel who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor, and may be fined not exceeding
one hundred dollars, and be imprisoned not exceeding twenty days, for
each violation; and the master of such vessel who directs or permits any
officer, seaman, or other person employed on board the vessel to visit
or frequent any part of the vessel provided for or assigned to the use
of such passengers, or the compartments or spaces occupied by such
passengers, except for the purpose of doing or performing some necessary
act or duty as an officer, seaman, or other person employed on board of
the vessel, shall be deemed guilty of a misdemeanor, and may be fined
not more than one hundred dollars for each time he directs or permits
the provisions of this section to be violated. A copy of this section,
written or printed in the language or principal languages of the
passengers on board, shall, by or under the direction of the master of
the vessel, be posted in a conspicuous place on the forecastle and in
the several parts of the vessel provided and assigned for the use of
such passengers, and in each compartment or space occupied by such
passengers, and the same shall be kept so posted during the voyage; and
if the said master neglects so to do, he shall be deemed guilty of a
misdemeanor, and shall be fined not more than one hundred dollars. (Sec.
7.)
Explosives; cattle.
It shall not be lawful to take, carry, or have on board of any such
steamship or other vessel any nitro-glycerine, dynamite, or any other
explosive article or compound, nor any vitriol or like acids, nor
gunpowder, except for the ship's use, nor any article or number of
articles, whether as a cargo or ballast, which, by reason of the nature
or quantity or mode of storage thereof, shall, either singly or
collectively, be likely to endanger the health or lives of the
passengers or the safety of the vessel, and horses, cattle, or other
animals taken on board of or brought in any such vessel shall not be
carried on any deck below the deck on which passengers are berthed, nor
in any compartment in which passengers are berthed, nor in any adjoining
compartment except in a vessel built of iron, and of which the
compartments are divided off by water-tight bulkheads extending to the
upper deck. For every violation of any of the provisions of this section
the master of the vessel shall be deemed guilty of a misdemeanor, and
shall be fined not exceeding one thousand dollars, and be imprisoned for
a period not exceeding one year. (Sec. 8.)
Boarding vessel; passenger list.
It shall not be lawful for the master of any such steamship or other
vessel, not in distress, after the arrival of the vessel within any
collection district of the United States, to allow any person or persons
except a pilot, officer of the customs, or health officer, agents of the
vessel, and consuls, to come on board of the vessel, or to leave the
vessel, until the vessel has been taken in charge by an officer of the
customs, nor, after charge so taken, without leave of such officer,
until all the passengers, with their baggage, have been duly landed from
the vessel; and on the arrival of any such steamship or other vessel
within any collection district of the United States, the master shall
submit for inspection to the officer of customs who first makes demand
therefor, and shall subsequently deliver with his manifest of cargo on
entry, a correct list, signed and verified on oath by the master, of all
passengers taken on board the vessel at any foreign port or place,
specifying, in the manner to be prescribed from time to time by the
Secretary of Commerce, the name of each passenger, age (if a child of
eight years or under), sex, married or single, location of compartment
or space occupied during the voyage (if the passenger be other than a
cabin passenger), whether a citizen of the United States, number of
pieces of baggage, and if any passenger die on the voyage the list shall
specify the name, age, and cause of death of each deceased passenger.
For a violation of either of the provisions of this section, or for
permitting or neglecting to prevent a violation thereof, the master of
the vessel shall be liable to a fine not exceeding one thousand dollars.
(Feb. 9, 1905; sec. 9.)
The Secretary of Commerce is hereby authorized and directed to prescribe
from time to time and enforce regulations governing the boarding of
vessels arriving at the seaports of the United States, before such
vessels have been properly inspected and placed in security, and for
that purpose to employ any of the officers of that Department. (Mar. 31,
1900; Feb. 14, 1903; sec. 10.)
Each person violating such regulations shall be subject to a penalty of
not more than one hundred dollars or imprisonment not to exceed six
months, or both, in the discretion of the court. (Mar. 31, 1900;
sec. 2.)
This Act shall be construed as supplementary to section nine of chapter
three hundred and seventy-four of the Statutes of eighteen hundred and
eighty-two, and section forty-six hundred and six of the Revised
Statutes, (sec. 3.)
Each and every collector of customs to whom shall be delivered the
manifests or lists of passengers prescribed by the twelfth section of
the act aforesaid, approved March third, eighteen hundred and
fifty-five, shall make returns from such manifests or lists of
passengers to the Secretary of Commerce of the United States, in such
manner as shall be prescribed by that officer, under whose direction
statements of the same shall be prepared and published. (May. 7, 1874;
Feb. 14, 1903; sec. 10.)
Death of passenger.
In case there shall have occurred on board any such steamship or other
vessel any death among such passengers during the voyage, the master or
consignees of the vessel shall, within forty-eight hours after the
arrival of the vessel within a collection district of the United States,
or within twenty-four hours after the entry of the vessel, pay to the
collector of customs of such district the sum of ten dollars for each
and every such passenger above the age of eight years who shall have
died on the voyage by natural disease; and the master or consignees of
any vessel who neglect or refuse to pay such collector, within the times
hereinbefore prescribed, the sums of money aforesaid, shall be liable to
a penalty of fifty dollars in addition to the sum required to be paid as
aforesaid for each passenger whose death occurred on the voyage. All
sums of money paid to any collector under the provisions of this section
shall be by him paid into the Treasury of the United States in such
manner and under such regulations as shall be prescribed by the
Secretary of the Treasury. (Aug. 2, 1882; sec. 10.)
Inspection.
The collector of customs of the collection district within which, or the
surveyor of the port at which, any such steamship or other vessel
arrives, shall direct an inspector or other officer of the customs to
make an examination of the vessel, and to admeasure the compartments or
spaces occupied by the emigrant passengers, or passengers other than
cabin passengers, during the voyage; and such measurement shall be made
in the manner provided by law for admeasuring vessels for tonnage; and
to compare the number of such passengers found on board with the list of
such passengers furnished by the master to the customs officer; and the
said inspector or other officer shall make a report to the aforesaid
collector or surveyor, stating the port of departure, the time of
sailing, the length of the voyage, the ventilation, the number of such
passengers on board the vessel, and their native country, respectively;
the cubic quantity of each compartment or space, and the number of
berths and passengers in each space, the kind and quality of the food
furnished to such passengers on the voyage; the number of deaths, and
the age and sex of those who died during the voyage, and of what
disease; and in case there was any unusual sickness or mortality during
the voyage, to report whether the same was caused by any neglect or
violation of the provisions of this act, or by the want of proper care
against disease by the master or owners of the vessel; and the said
reports shall be forwarded to the Secretary of Commerce at such times
and in such manner as he shall direct. (Feb. 14, 1903; sec. 10.)
Penalties.
The provisions of this act shall apply to every steamship or other
vessel whereon emigrant passengers, or passengers other than cabin
passengers are taken on board at a port or place in the United States
for conveyance to any port or place in a foreign country except foreign
territory contiguous to the United States, and shall also apply to any
vessel whereon such passengers are taken on board at any port or place
of the United States on the Atlantic Ocean or its tributaries for
conveyance to a port or place on the Pacific Ocean or its tributaries,
or vice versa; and whether the voyage of said vessel is to be continuous
from port to port or such passengers are to be conveyed from port to
port in part by the way of any overland route through Mexico or Central
America; and the said collector of customs may direct an examination of
the vessel to be made by an inspector or other officer of the customs,
who shall make the examination and report whether the provisions of this
act have been complied with in respect to such vessel, and the said
collector is authorized to withhold the clearance of such vessel until
the coming in of such report; and if the said report shall show that any
of the provisions of this act have not been complied with, the collector
is authorized and directed to withhold the clearance of such vessel
until the said provisions are complied with, and if any such vessel
leaves the aforesaid port or place without having been duly cleared by
the collector of customs, the master shall be deemed guilty of a
misdemeanor, and may be fined not exceeding one thousand dollars, and be
imprisoned not exceeding one year, and the vessel shall be liable to
seizure and forfeiture. (Aug. 2, 1882; sec. 12.)
The amount of the several fines and penalties imposed by any section of
this act upon the master of any steamship or other vessel carrying or
bringing emigrant passengers, or passengers other than cabin passengers,
for any violation of the provisions of this act, shall be liens upon
such vessel, and such vessel may be libeled therefor in any district
court of the United States where such vessel shall arrive or depart.
(Sec. 13.)
Carriage of passengers.
The inspectors shall state in every certificate of inspection granted to
steamers carrying passengers, other than ferryboats, the number of
passengers of each class that any such steamer has accommodations for,
and can carry with prudence and safety. (R. S., 4464).
It shall not be lawful to take on board of any steamer a greater number
of passengers than is stated in the certificate of inspection; and for
every violation of this provision the master or owner shall be liable,
to any person suing for the same, to forfeit the amount of passage-money
and ten dollars for each passenger beyond the number allowed. (R. S.,
4465.)
Every steam vessel licensed under the foregoing section shall carry and
have on board, in accessible places, one life-preserver for every person
allowed to be carried, in addition to those provided for the crew of
such vessel. (July 9, 1886; sec. 2.)