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CoriEctTor’s OFFicE, Buffalo, July 31, 1838. Srr—As it will be my duty to enforce with great strictness, the ‘ act to provide for the bet- ter security of the lives of passengers on board of vessels propelled in, whole or in part by steam,’’—I would call fe‘iftention to the act,a copy of which is herefo subjoined. I trust you will take timely measures to comply with its re- quirements on or belore the first day of October next. The provisions of the law are plain and salutary, and a neglect tm Violation of any one of thegez must be visited with the punishment the law prescribes. Yours respectfully, 5 G. W. CLINTON. To the Master of the steamboat. An Act to provide for the better security of the lives of passengers on board of vessels propel- led in whole or in part by steam. Be it enacted by the Senate and House of Rep- vesentatives of the Uniled States of America in Congress assembled, That it shall be the duty of all owners of steamboats, or vessels propelled in whole orin part by steam, on or before the first day of October, one thousand eight hundred and thirty-eight, to make a new enrolment of the same, under the existing laws of the United States, and take out from the collector or sur- veyor of the port, as the case may be, where such vessel is enrolled,a new license, under such conditions as are now imposed by law, and as shall be imposed by this act. § 2. And beit further enucted, That it shall not be lawful for the owner, master, or captain of any steamboat or vessel propelled in whole or in part by steam, to transport any goods, wares, and merchandize, or passengers, in or upon the bays, lakes, rivers, or other navigable waters of the United States, from and after the said first day of October,one thousand eight hundred and thirty-eight, without having first obtained, from the proper officer, a license under the existing ~ Jaws, and without having complied with the con- ditions imposed by this act; and for each and every violation of this section, the owner or owners of said vessel shall forfeit and pay to the United States the sum of five hundred dollars, one half for the use of the informer; and for which sum or sums the steamboat or vessel so engaged shall be liable and may be seized and proceeded against summarily, by way of cea any district court of the United States having jurisdiction of the offence. §. 3. And beit further enacted, That it shall be the duty of the district judge of the United States, within whose district any ports of entry or delivery may be,on the navigable waters, bays, lakes, and rivers of the United States, upon the application of the master or owner of any steamboat or vessel propelled in whole or in part by steam, to appoint, from time to time, one or more persons skilled and competent to make in- spections of such boats and vessels, and of the boilers and machinery employed in the same, who shall net be interested in the manufacture of steam engines, steamboat boilers, or other ma- chinery belonging to steam vessels, whose duty it shall be to make such inspection when called upon for that purpose,and to give to the owner or master of such boat or vessel duplicate certifi- ‘cates of such inspection; such persons before entering upon the duties enjoined by this act, shall make andsubscribe on oath or affirmation before said district judge, or other officer du- ly authorized to administer oaths, well, faithfully, and impartially to execute and perform the ser- vices herein required of them. CIRCULAR. §. 4. And be it further enacted, That the person or persons who shall be called upon to inspect the hull of any steamboat or vessel, un- der the provisions of this act, shall after a thor- ough examination of the same, give tothe owner or master,as the case may be, a certificate,in which shall be stated the age of the said boat or ves- sel, when and where originally built, and the length of time the same has been running. And he or they shall also state whether, in his or their opinion, the said boat or vessel is sound, and in all respects seaworthy, and fit to be used for the transportation of freight or passengers; for which service, so performed upon each and every boat or vessel, the inspectors shall each be paid and allowed by said master or owner applying for such inspection, the sum of five dollars. § 5. And be it further enacted, That the person or persons who shall be called upon to inspect the boilers ana machinery of any steamboat or vessel, under the provisions of this act, shall, after a thorough examination of the same, make a certificate, in which he or they shall state his or their opinion whether said boilers are sound and fit for use, together with the age of the boil- ers; and duplicates thereof shall be delivered to the owner or master of such vessel, one of which it shall be the duty of the said master and own- er to deliver to the collector or surveyor of the port whenever he shall apply for a license, or for a renewal of a license; the other he shall cause to be posted up, and kept in some conspic- uous part of said boat, for the information of the public; and for each and every inspection so made, each of the said inspectors sha!l be paid by the said master or owner applying, the sum of five dollars. § 6. And be it further enacted, That it shall be the duty of the owners and masters of steam- boats to cause the inspection provided under the fourth section of this act to be made at least once in every twelve months; and the exanai- nation required by the fifth section, at least once in every six months; and deliver to the collector or surveyor of the port where his boat or vessel has been enrolled or licensed, the cer- tificate of such inspection; and, on a failure thereof, he or they shall forfeit the license grant- ed tosuch boat or vessel, and be subject to the same penalty as though he had run said’boat or vessel without having obtained such license, to be recovered in like manner. And it shall be the duty of the owners and masters of the steam- boats licensed in pursuance of the provisions of this act to employ on board of their respective boats a competent number of experienced and skilful engineers ; and, in case of neglect to do so, the said owners and masters shall bo held re- sponsible for all damages to the property or any passenger on board of any boat occasioned by an explosion of the hoiler or any derangement of the engine or machinery of any boat. § 7. And be it further enacted, That whenever the master of any boat or vessel, or the person or persons charged with navigating said boat or vessel, which is propelled in whole or part by steam, shall stop the motion or headway of said boat or vessel, or when the said boat or vessel shall be stopped for the purpose of discharging or taking in cargo, fuel or passengers, he or they shall open the safety-valve, so as to keep the steam down in said boiler as near as practicable to whatitis when the said boat or vessel is un- der headway, under the penalty of two hundred dollars for each and every offence. § 8. And be it further enacted, That it shall be the duty of the owner and master of every steam vessel engaged in the transportation of (5 PROVEN ARI TNNEDAIT SHLASCPFIC WE SCAN RENEE WTI TSE VILLAR ATA PESTA 57 CRORE OTE a ee eee eee eee eee rece ree ee tee OE IMTRSH OA! ARRUTDAMREMOIGH arava: ToD apeT MUI ELS! freight or passengers, at sea, oron the lakes, Champlain, Ontario, Erie, Huron, Superior, and Michigan, the tonnage of which vessel shall not exceed two hundred tons, to provide and to car- ry with the said boat or vessel, upon each and every voyage, two long-boats, or yawls, each of which shall be competent to carry at least twen- ty persons; and where the tonnage of said ves- sel shall exceed two hundred tons, it shall be the duty of the owner and master to provide and carry, as aforesaid, not less than three long-boats or yawls, of the same or larger dimensions; and for every failure in these particulars the said mas- ter and owner shall forfeit and pay three hundred dollars. § 9. And be it further enacted, That it shall be the duty of the master and owner of every steam vessel employed on either of the lakes mentioned in the last section, or on the sea, to provide, as a part of the necessary furni- ture, a suction-hose and fire engine and hose suitable 1o be worked on said boat in case of fire, and carry the same upon each and every voyage, in good order; and that iron rods or chains shall be employed and used in the navi- gation of all steam boats, instead of wheel or til- ler ropes; and for a failure to do which, they, and each of them, shall forfeit and pay the sum of three hundred dollars. § 10. And be it further enacted, That it shall be the duty of the master and owner of every steamboat, running between sunset and sunrise, to carry one or more signal lights, that may be seen by other boats navigating the same waters, under the penalty of two hundred dollars. § 11. And be it further enacted, That the pen- alties imposed by this act may be sued for and recovered in the name of the United States, in the district or circuit court of such district or circuit where the offence shall have been commit- ted, or forfeiture incurred, or mn which the own- er or master of said vessel may reside, one-half to the use of the informer, and the other to the use of the United States; or the said penalty may be prosecuted for by indictment in either of the said courts. § 12. And be it further enacted, That every captain, engineer, pilot, or other person, employ- ed on board of any steamboat or vessel propelled in whole or in part by steam, by whose miscon- duct, negligence, or inattention to his or their respective duties, the life or lives of any person or persons on board said vessel may be destroy- ed, shall be deemed guilty of manslaughter, and, upon conviction thereof before any cireuit court of the United States, shall be sentenced to con- finement at hard labor for a period not more than ten years. § 13. And be tt further enacted, That in all suits and actions against proprietors of steam- boats, for injuries arising to person or property, from the bursting of the boiler of any steam- boat, or the collapse of a flue, or other injurious. escape of steam, the fact of such bursting, col- lapse, or injurious escape of steam, shail be taken as full prima facie evidence, sufficient to charge the defendant or those in his employment, with negligence, until he shall show that no negli- gence has been committed by him or those iv his employment. Approved, July 7th, 1838. Atrue copy compared with the Roll in this office. DeparTMENT oF STATE, July 9, 1833. A, VAIL, Chief Clerk. ee: j rae ERIE PIP deat PT EPI